Appendix A: Additional Information for Specific States
This section contains additional information specific to certain US States, each within its own sub-section.
A.1 California
This Addendum contains additions and changes to the CARE USA Employee Handbook that applies to all CARE USA employees in California. Except as noted below, nothing in this Addendum changes or modifies any of the policies or procedures set forth in the CARE USA Employee Handbook.
A.1.1 Policies & Guidance (Refer to Policies & Guidance)
A.1.1.1 Wage, Attendance and Schedule Policies (Refer to Policies and Guidance Section Article 11)
A.1.1.1.1 Work Schedules (Refer to Policies and Guidance Section Section 1.11.6)
Meal Periods
California employees who are scheduled to work more than five (5) hours on any given shift are provided with a thirty (30)-minute off-duty, unpaid meal period. If you do not work more than six (6) hours in a day, you may waive your meal period by mutual consent of you and CARE USA.
When an employee is scheduled to work more than ten (10) hours on any given shift, the employee will be provided with an additional thirty (30)-minute off-duty, unpaid meal period. If the employee does not work longer than twelve (12) hours, the employee may elect to waive the second meal period.
You must not work through your meal period so that you can either come in late or leave early. If you are not provided with a meal period as required by this policy, you must contact the HR Service Center immediately.
Rest Periods
CARE USA authorizes and permits nonexempt California employees to take one paid 10-minute rest period for every 4 hours worked or major portion thereof. Rest periods should be taken as close to the middle of each 4-hour work period as practicable. Rest periods are counted as hours worked for which there is no deduction from wages.
Nonexempt employees who work between 3.5 and 6 hours are authorized and permitted to take one paid 10-minute rest period each day. Nonexempt employees working more than 6 hours per day are authorized and permitted to take two paid 10-minute rest periods. Nonexempt employees working more than 10 hours will be authorized and permitted to take an additional 10-minute rest period. Employees working less than 3.5 hours in a day are not entitled to a paid rest period.
You may not add your breaks to your meal period so that you can take a longer meal period. You also cannot work through your breaks so that you can either come in late or leave early.
If your manager, contrary to CARE USA policy, directs or encourages you to skip your rest period, you must contact the HR Service Center immediately.
Non-Retaliation
CARE does not tolerate retaliation of or taking any adverse action against any Staff who exercises his/her right to meal and rest periods in accordance with CARE policy. Prohibited retaliation is grounds for discipline, up to and including termination of employment, in accordance with CARE USA’s Policy on Work Conduct. Staff are therefore encouraged to come forward with their concerns without fear of retaliation.
A.1.2 Benefits (Refer to Benefits Section)
A.1.2.1 Paid and Unpaid Leave (Refer to Benefits Section Article 3.4)
A.1.2.1.1 Paid Time Off (Refer to Benefits Section Article 3.4.1)
A.1.2.1.1.1 Carry forward of Paid Time Off
Your balance of accrued Paid Time Off may not exceed 25 days (“Maximum Accrual”) at any point in time. If you reach your Maximum Accrual, you will stop accruing additional Paid Time Off until some of your balance is used, causing your total accrual to drop below the Maximum Accrual. Once your Paid Time Off balance drops below the Maximum Accrual, you will begin to accrue Paid Time Off with the next and each following pay period until the Maximum Accrual is reached. For California-based employees, accrued, unused Paid Time Off days: (a) are carried forward from one year to the next, up to the Maximum Accrual and (b) will be paid out upon termination of employment.
A.1.2.1.2 Sick Leave (Refer to Benefits Section Article 3.4.6)
Employees may use accrued Paid Time Off days in lieu of unpaid sick leave, in accordance with CARE’s PTO and Sick Leave Policies set forth in Section 3.4 of the Handbook. Temporary staff and paid Interns working for CARE at least 30 days within the previous 12 months are entitled to up to 24 hours, or three days, of sick leave each calendar year. For Temporary Staff and paid Interns, unused paid sick leave cannot be carried over to the following year or paid out at the end of employment.
A.1.2.1.3 Sick Leave (San Francisco Only) (Refer to Benefits Section Article 3.4.6)
San Francisco-based employees may use accrued sick leave to care for a child, parent, legal guardian or ward, sibling, grandparent, grandchild, spouse, domestic partner, or other “designated person.” These relationships may be biological or through adoption, step-relationships. and foster care.
If an employee has no spouse or domestic partner, the employee may designate one person for whom he or she may use paid sick leave to provide care.
A.1.2.1.3 Additional Paid and Unpaid Leave for California Employees
Pregnancy-Related Disability Leave and Accommodation
Under California law, an employee disabled due to pregnancy, childbirth, or a related medical condition is eligible for an unpaid leave of absence of up to four months for the period of such disability. When medically advisable, a Pregnancy Disability Leave may be taken intermittently or on a reduced work schedule. Multiple disability leaves for the same pregnancy will be combined for purposes of calculating the four months. Additional leave may be available to eligible employees under the Family/Medical Leave Policy.
A pregnant employee may be entitled to transfer to a less strenuous or hazardous position for the duration of her pregnancy upon request, where such transfer can be reasonably accommodated. An employee also may be entitled to reasonable accommodation for conditions related to pregnancy, childbirth or related medical conditions upon request, where such reasonable accommodation would not cause an undue hardship to CARE USA. A request for reasonable accommodation or transfer must be supported by the written certification of the employee’s health care provider that such an accommodation or transfer is medically advisable.
Pregnancy Disability Leaves generally are unpaid. Employees will be required to use ten days sick leave, followed by short term disability, parental leave and any accrued bank time prior to taking unpaid time off during a Pregnancy Disability Leave. In addition, an employee may be eligible for State disability benefits during the leave, although she may not receive more than an amount equal to 100% of her salary from a combination of paid time and State disability benefits. The substitution of paid time for unpaid leave time and/or the receipt of disability benefits does not extend the maximum four-month Pregnancy Disability Leave period.
During an approved Pregnancy Disability Leave, CARE USA will maintain an employee’s group health benefits as under the same conditions as if she had continued to be actively employed for a maximum of four months. During unpaid leave, she will need to make arrangements to pay her premium. Contact the HR Service Center for details.
If possible, an employee must provide at least thirty days notice of her intention to take leave, or as much notice as is practicable under the circumstances. A request for leave must be supported by a medical certification from the employee’s health care provider.
Generally, upon return from an approved Pregnancy Disability Leave that does not exceed the maximum available leave, an employee will be reinstated to the same position or a comparable position, subject to any applicable exceptions. However, an employee has no greater rights to reinstatement or to other benefits and conditions of employment than if she had not taken the Pregnancy Disability Leave. In addition, any right to reinstatement terminates if an employee fails to return to work at the end of an approved leave, in accordance with applicable laws. As a condition of returning from a Pregnancy Disability Leave, an employee must provide CARE USA with a certification from her health care provider that she is able to resume work.
Suspended Child Leave
If an employee who is the parent or guardian of a child who has been suspended from school receives a notice from the child’s school requesting that the employee appear at the child’s school, then the employee may take unpaid time to appear at the school. Prior to the absence, the employee must give reasonable notice to his or her manager that the employee has been requested to appear at the child’s school.
Paid Family Leave Insurance
California employees may be eligible for up to 6 weeks of Paid Family Leave (“PFL”) benefits during a leave taken to care for a parent, spouse, or child with a serious health condition or to bond with a child following birth, adoption, or foster care placement. PFL benefits also may be available to employees who take time off to care for a domestic partner with a serious health condition. Leave for this reason, however, is not covered by CARE USA’s Family/Medical Leave policy unless otherwise required by law. If an employee is eligible for PFL benefits, then he or she will be required to use up to two weeks of accrued vacation before he or she will be entitled to receive PFL benefits.
PFL is wage replacement provided by the State – it is not a leave law and does not provide any legally-protected right to time off work. PFL benefits are paid to an employee by the State and are administered by the Employment Development Department.
A.1.3 Separation from CARE (Refer to Separation Section)
A.1.3.1 Final Pay Period (Refer to Separation Section Article 5.2)
California employees who are discharged from their position will be paid all earned, unpaid wages, including accrued but unused vacation immediately upon termination.
A.2 District of Columbia
This Addendum contains additions and changes to the CARE USA Employee Handbook that applies to all CARE USA employees in the District of Columbia. Except as noted below, nothing in this Addendum changes or modifies any of the policies or procedures set forth in the CARE USA Employee Handbook.
A.2.1 Benefits (Refer to Benefits Section)
A.2.1.1 Paid and Unpaid Leave (Refer to Benefits Section Article 3.4)
A.2.1.1.1 Additional Paid and Unpaid Leave for District of Columbia Employees
DC Accrued Safe and Sick Leave Act
Certain employees in Washington DC are eligible for up to five paid leave days for physical or mental illness, preventive medical care, family care, and certain absences associated with domestic violence or sexual abuse. To qualify for this leave, you must have been employed by CARE for at least one year and have worked at least 1000 hours during the 12-month period immediately preceding the request for leave.
If a qualifying event for paid leave is foreseeable, you must provide your manager with a written request at least ten days in advance of the proposed leave date or as early as possible. If the need for paid leave is unforeseeable, you must provide an oral request for leave prior to the start of your workday. After three consecutive days of paid leave under the DC Accrued Safe and Sick Leave Act, you will be required to provide a certification in support of the leave.
Parental Leave — School
Eligible employees may take up to 24 hours of leave during any 12-month period for the purpose of attending or participating in school-related events for their children. Eligible employees include: (1) the natural father or mother of the child; (2) a person with legal custody of the child; (3) a person who acts as a guardian of the child regardless of legal custody; (4) an aunt, uncle or grandparent of the child; (5) a person who is married to a person listed in 1–4 (above).
School-related events are activities sponsored by either a school or an associated organization such as a parent-teacher association. School-related events are activities that involve the child directly as a participant or subject (as opposed to a spectator), and include, but are not limited to, a student performance such as a concert, play or rehearsal; a sporting game or practice of a school team; or a meeting with a teacher or counselor.
Employees wishing to take parental leave must notify their managers at least 10 calendar days in advance unless the need to attend the school-related event was not foreseeable. CARE USA may deny the leave if it will disrupt operations to an unusually difficult extent. Employees may elect to take parental leave either on an unpaid basis or to utilize any available vacation or personal leave.
A.3 Illinois
This Addendum contains additions and changes to the CARE USA Employee Handbook that applies to all CARE USA employees in Illinois. Except as noted below, nothing in this Addendum changes or modifies any of the policies or procedures set forth in the CARE USA Employee Handbook.
A.3.1 Benefits (Refer to Benefits Section)
A.3.1.1 Paid and Unpaid Leave (Refer to Benefits Section Article 3.4)
A.3.1.1.1 Additional Paid and Unpaid Leave for Illinois Employees
Blood Donation Leave
Full-time employees who have worked for CARE USA for at least six months may take up to one hour of paid leave to donate blood every 56 days.
Leave Due to Domestic or Sexual Violence
Full-time and part-time employees may be eligible for up to 12 weeks of unpaid leave if they are victims of domestic or sexual violence or have a family or household member who is a victim of domestic or sexual violence.
An employee must provide his or her manager or someone in Human Resources with at least 48 hours notice of his or her intention to take leave under this policy unless providing such notice is not practicable. CARE USA may also require employees to provide certification of the need for leave. Leave taken under this policy will run concurrently with leave taken under the Family Medical Leave Act, if applicable. Such leave may be taken intermittently or on a reduced work schedule.
A.4 Massachusetts
This Addendum contains additions and changes to the CARE USA Employee Handbook that applies to all CARE USA employees in Massachusetts. Except as noted below, nothing in this Addendum changes or modifies any of the policies or procedures set forth in the CARE USA Employee Handbook.
A.4.1 Benefits(Refer to Benefits Section)
A.4.1.1 Paid and Unpaid Leave (Refer to Benefits Section Article 3.4)
A.4.1.1.1 Family and Medical Leave (Refer Benefits Section Article 3.4.3)
CARE USA will comply with Massachusetts Maternity Leave Law.
A.4.1.1.2 Additional Paid and Unpaid Leave for Massachusetts Employees
Small Necessities Leave
Employees who are eligible for leave under the Family and Medical Leave Act are entitled to a total of twenty-four (24) hours of leave during any twelve (12) month period to: (1) participate in school activities directly related to the educational advancement of the employee’s child, such as parent-teacher conferences or interviewing for a new school; (2) accompany the employee’s child to routine medical or dental appointments, such as check-ups or vaccinations; and (3) accompany an elderly relative of the employee to routine medical or dental appointments or appointments for other professional services related to the elder’s care, such as interviewing at nursing or group homes.
If the employee’s need for leave is foreseeable, the employee must provide his or her manager at least seven days advance notice before the leave can begin, or as much notice as is practicable under the circumstances. Such notice should include the employee’s reason for requesting leave as well as its anticipated timing and duration.
If the employee’s need for leave, or its approximate timing, is not foreseeable, the employee is expected to give his or her manager notice as soon as possible under the circumstances. Ordinarily, such notice should be provided within one to two working days after the employee learns of the need for the leave.
A.4.2 Separation from CARE (Refer to Separation Section)
A.4.2.1 Final Pay Period (Refer to Separation Section Article 5.2)
Massachusetts employees who voluntarily resign or are discharged from their position will be paid as follows:
- An employee who voluntarily resigns will be paid by the next regularly scheduled pay period.
- A discharged employee will be paid all earned, unpaid wages immediately upon termination; however, if the employee is in Boston, wages will be paid after CARE USA has complied with all laws requiring payrolls, bills, and accounts to be certified.
A.5 New York
This Addendum contains additions and changes to the CAREUSA Employee Handbook that applies to all CARE USA employees in New York. Except as noted below, nothing in this Addendum changes or modifies any of the policies or procedures set forth in the CARE USA Employee Handbook.
A.5.1 Benefits(Refer to Benefits Section)
A.5.1.1 Paid and Unpaid Leave (Refer to Benefits Section Article 3.4)
A.5.1.1.1 Additional Paid and Unpaid Leave for Massachusetts Employees
Blood Donation Leave
Employees may take up to three (3) hours of leave in any twelve-month period to donate blood.
Leave for Military Spouses
An employee who is the spouse of a member of the armed forces of the United States, the United States National Guard, or Reserves who has been deployed during a period of military conflict, to a combat theater, or combat zone of operations may take up to ten days of unpaid leave when the spouse is on leave during this deployment.
A.6 Pennsylvania
This Addendum contains additions and changes to the CARE USA Employee Handbook that applies to all CARE USA employees in Pennsylvania. Except as noted below, nothing in this Addendum changes or modifies any of the policies or procedures set forth in the CARE USA Employee Handbook.
A.6.1 Separation from CARE (Refer to Separation Section)
A.6.1.1 Final Pay Period (Refer to Separation Section Article 5.2)
Pennsylvania employees who voluntarily resign or are discharged from their position will be paid as follows:
- An employee who voluntarily resigns will be paid by the next regularly scheduled pay period.
- A discharged employee will be paid all earned, unpaid wages immediately upon termination.
A.7 Washington State
This Addendum contains additions and changes to the CARE USA Employee Handbook that applies to all CARE USA employees in Washington. Except as noted below, nothing in this Addendum changes or modifies any of the policies or procedures set forth in the CARE USA Employee Handbook.
A.7.1 Employment (Refer to Policies and Guidance Section)
A.7.1.1 Wage, Attendance and Schedule Policies (Refer to Policies and Guidance Section Article 11)
A.7.1.1.1 Work Schedules (Refer to Policies and Guidance Section Section 1.11.6)
Meal and Rest Breaks for Washington State Employees
Each workday all nonexempt employees are required to take a 10-minute rest period for every four hours of work. To the extent possible, rest periods will be provided in the middle of each four-hour work period. Because this time is counted and paid as time worked, employees must not be absent from their workstations beyond the allotted rest period.
All nonexempt employees who are scheduled to work over five hours in a workday are allowed to take a 30-minute unpaid meal period each workday. Managers will schedule meal periods to accommodate operating requirements and to allow continuation of customer service.
During meal and rest periods, employees will be relieved of all active responsibilities. Employees may choose to use a break room if provided. For meal periods, employees are allowed to leave their office.
To provide CARE USA with the opportunity to ensure that all employees are allowed to take appropriate rest and meal periods, associates should contact the HR Service Center immediately if they are denied the right to take a rest or meal period.
A.7.2 Benefits (Refer to Benefits Section)
A.7.2.1 Paid and Unpaid Leave (Refer to Benefits Section Article 3.4)
A.7.2.1.1 Family and Medical Leave (Refer to Benefits Section Article 3.4.3)
CARE USA will comply with Washington’s Family Leave Law.
A.7.2.1.2 Jury Duty (Refer to Benefits Section Article 3.4.10)
CARE USA will comply with Washington’s Jury Duty Leave Law.
A.7.2.1.3 Additional Paid and Unpaid Leave for Washington State Employees
Sick Leave to Care for Family Members
Employees may use their accrued sick leave to care for: (a) the child of the employee with a health condition that requires treatment or supervision; or (b) a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or an emergency condition. This leave will be congruent with Family and Medical Leave.
Domestic Violence Leave
Washington State employees may be eligible to take reasonable unpaid leave from work, intermittent leave or leave on a reduced leave schedule for any of the following reasons in accordance with FMLA guidelines:
- Seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or employee’s family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceedings related to or derived from domestic violence, sexual assault, or stalking;
- Seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking or to attend health care treatment for a victim who is the employee’s family member;
- Obtain, or assist a family member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking;
- Obtain, or assist a family member in obtaining mental health counseling related to an incident of domestic violence, sexual assault, or stalking, in which the employee or the employee’s family member was a victim of domestic violence, sexual assault, or stalking; or
- Participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family members from future domestic violence, sexual assault, or stalking.
Employee Notice Requirements
If an employee’s need for domestic violence leave is foreseeable, the employee must provide his or her manager with at least three days advance notice before the leave begins or as much notice is practicable under the circumstances. Such notice should include the employee’s reason for requesting leave as well as its anticipated timing and duration.
If advance notice of the employee’s need for domestic violence leave cannot be given because of an emergency or unforeseen circumstance due to domestic violence, sexual assault, or stalking, the employee or his or her designee must give notice to the employee’s manager no later than the end of the first day that the employee takes domestic violence leave.
Verification Requirements
CARE’s first concern is for the safety of our employees. When requesting domestic violence leave, the employee or his/her designee must contact the employee’s manager as soon as possible to allay concerns.
Within three days, the employee or his or her designee must provide the employee’s manager or the HR Service Center with one or more of the following:
- A police report indicating that the employee or employee’s family member was a victim of domestic violence, sexual assault, or stalking;
- A court order protecting or separating the employee or employee’s family member from the perpetrator of the act of domestic violence, sexual assault, or stalking, or other evidence from the court or the prosecuting attorney that the employee or the employee’s family member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual assault, or stalking;
- Documentation that the employee or the employee’s family member is a victim of domestic violence, sexual assault, or stalking, from any of the following persons from whom the employee or employee’s family member sought assistance in addressing the domestic violence, sexual assault or stalking: (i) an advocate for victims of domestic violence, sexual assault, or stalking; (ii) an attorney; (iii) a member of the clergy; or (iv) a medical or other professional.
- An employee’s written statement that the employee or the employee’s family member is a victim of domestic violence, sexual assault, or stalking and that the leave taken was for one of the purposes provided for in this policy.
If the victim of domestic violence, sexual assault, or stalking is the employee’s family member, verification of the familial relationship between the employee and the victim may include, but is not limited to, a statement from the employee, a birth certificate, a court document, or other similar documentation.
Use of Paid Leave
Employees may elect to substitute any accrued paid leave to substitute for all or part of any otherwise unpaid domestic violence leave.
Military Family Leave Act
Employees who work for an average of twenty or more hours per week and who are the spouse of a member of the United States armed forces, National Guard or reserves who has been notified of an impending call or order to active duty or has been deployed, may be eligible for military family leave. During a period of military conflict, an eligible employee may receive up to a total of fifteen days of unpaid leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment or when the military spouse is on leave from deployment.
Employees must provide their manager with notice, within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment, of the employee’s intention to take military family leave. Employees may elect to substitute any accrued paid leave for all or part of any otherwise unpaid military family leave. CARE USA will make every effort to restore all employees on leave to their original or equivalent positions with equivalent pay, benefits and other employment terms.
A.7.3 Separation from CARE (Refer to Separation Section)
A.7.3.1 Final Pay Period (Refer to Separation Section Article 5.2)
Washington employees who voluntarily resign or are discharged from their position will be paid as follows:
- An employee who voluntarily resigns will be paid by the next regularly scheduled pay period.
A discharged employee will be paid all earned, unpaid wages immediately upon termination; however, if the employee is in Boston, wages will be paid after CARE USA has complied with all laws requiring payrolls, bills, and accounts to be certified.