Hiring and Employment Policy
Equal Employment Opportunities Policy Statement
Kalos Services provides equal employment opportunities (EEO) to all employees and applicants for employment regardless of race, religion, gender, sexual orientation, national origin, age, disability, marital status, amnesty, or status as a covered veteran under applicable federal, state, and local laws. Kalos Services complies with applicable state and local laws governing nondiscrimination in employment in every location where the company has facilities. This policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training. Kalos Services will make every reasonable effort to accommodate those physical or mental limitations of an otherwise qualified employee unless undue hardship would result for the Company.
Kalos Services expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, or veteran status. Interference with the ability of Kalos Services employees to perform their expected job duties is not tolerated. Just as Kalos Services bears responsibility towards this policy, each employee must also clearly voice their interest in equality and demonstrate offense taken to any perceived discrimination or harassment. We are all responsible for upholding this Equal Employment Opportunity Policy and the state and federal laws that afford each of us a chance to succeed based on our individual merit.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act, known as the ADAAA, are federal laws that prohibit employers with 15 or more employees from discriminating against applicants and individuals with disabilities. These laws also require that employers provide reasonable accommodations to applicants and employees who are qualified for a job to perform the essential job duties of the position.
The Company’s policy is to comply with all federal and state laws concerning the employment of persons with disabilities and act according to regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is our company policy not to discriminate against qualified individuals with disabilities regarding application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment.
The company will reasonably accommodate qualified individuals with a disability to perform the essential functions of a job unless doing so causes a direct threat to these individuals or others in the workplace or if the accommodation creates an undue hardship to the Company. Contact Human Resources with any questions or requests for accommodation.
Proof of Citizenship and Right to Work
All new hires and current employees are required by federal law to verify their identity and eligibility to work in the United States. Upon application for employment, you must complete Federal Form I-9, Employment Eligibility Verification Form. If you are currently employed and have not complied with this requirement, please inform your supervisor.
Employment Accommodations for Lactating Mothers
For up to one year after the child’s birth, any employee who is breastfeeding her child will be provided reasonable break times to express breast milk for her baby. We have designated the documents room for this purpose, as it is private with a lockable door. Nursing mothers wishing to use this room must request it by contacting Kelli Brown.
A small refrigerator reserved for the specific storage of breast milk is available upon request. Any breast milk stored in the refrigerator must be labeled with the employee’s name and the date of expressing the breast milk. Any nonconforming products stored in the refrigerator may be disposed of. Employees storing milk in the refrigerator assume all responsibility for the safety of the milk and the risk of harm for any reason, including improper storage, refrigeration, and tampering. Additional rules for the use of the documents room and refrigerator storage are posted inside the room.
Employees who work offsite or in other locations will be accommodated as necessary. Breaks of more than 20 minutes in length will be unpaid, and the employee should indicate this break period on her time record.
The Pregnancy Discrimination Act (PDA) amended Title VII to provide that discrimination on the basis of pregnancy, childbirth, or related medical conditions is a form of prohibited sex discrimination. Pregnant employees are allowed to take disability leaves of absence for pregnancy that are commensurate with leaves available to other employees for other medical conditions. Employers cannot treat pregnancy leave less favorably than they treat other types of leave for similar conditions.
Military Family Leave
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week Family and Medical Leave Act (FMLA) leave entitlement to address certain qualifying exigencies.
Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. Leave for a qualifying exigency may be taken on an intermittent basis.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty, that may render the servicemember medically unfit to perform his or her duties, and for which the service member is undergoing medical treatment, recuperation, or therapy, or is in outpatient status, or is on the temporary disability retired list for a serious injury or illness.
A covered servicemember may also be a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. This leave may be taken intermittently if medically necessary. Although an employee may use up to 26 weeks of leave to care for a covered servicemember, an employee that takes leave to care for a covered servicemember is limited to an aggregate total of 26 weeks of leave in a 12-month period for all types of FMLA leave.
Proper notice and certification for FMLA leave must be submitted to the Company’s Human Resources Director in a timely fashion. While an employee is on leave, the employee and Company’s insurance premium payments will not be affected except under a situation where the employee does not return after their leave period has ended. Employees on FMLA leave cannot perform work during their absence, paid or unpaid. The following three sections describe these policies in greater detail.
Notice and Certification
Employees should submit requests for FMLA leave in writing to the Human Resources Director. Employees must provide 30 days’ notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and comply with the Company’s standard call-in procedures. Employees taking intermittent leave must comply with the Company’s normal call-in procedures unless their condition precludes them from doing so. Employees must provide sufficient information for the Company to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. If an employee seeks leave for a reason for which he or she has previously been granted FMLA leave within the past 12 months, the employee must specify the reason for which FMLA leave was previously taken.
After receiving a request for FMLA leave, the Company will inform you whether you are eligible under the FMLA. If you are eligible, the Company will inform you about any additional information you must provide to qualify for FMLA leave as well as your rights and responsibilities concerning FMLA leave. If you are not eligible for FMLA leave, we will inform you why you are not eligible.
Employees requesting FMLA leave may be required to submit a certification from their health care provider establishing the existence of a serious health condition, the need for the leave, and its probable duration. The Company will give the employee the certification form. When required, employees must submit such certification as soon as practicable but in no event later than 15 calendar days after the request. If the Company concludes that an employee’s medical certification is insufficient, it will notify the employee in writing. The employee will receive a notice detailing the additional information that is necessary to complete the certification. The employee then has seven (7) calendar days to provide the requested information. The Company reserves the right to require a second or third medical opinion by a health care provider of its choice.
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we ask that you not provide any genetic information when responding to this request for medical information.
The Company will then inform the employee whether leave will be designated as FMLA-protected and, if known, the amount of leave granted. The Company will also notify the employee if it determines that the leave is not FMLA-protected.
Employees on FMLA leave must periodically notify the Human Resources Director of their status and intention to return to work and may be required to submit periodic medical recertification. Also, to return to work after an FMLA leave due to the employee’s serious health condition, the employee must submit a certification from the health care provider that the employee can resume work (i.e., fit for duty).
Failure to meet the notice and certification requirements may result in denial of a request for leave; counting the employee’s days off against his or her attendance record; disciplinary action, up to and including termination; or denial of reinstatement following the leave.
Prohibition on Working
As with other forms of leave, except where express authorization is given, employees on FMLA leave are prohibited from performing any work, paid or unpaid, for any other person or entity, including the employee’s own business. Violations of this prohibition may result in FMLA leave being revoked and the employee’s prior days off being counted against his or her attendance record; disciplinary action, up to and including termination; or denial of reinstatement following.
Employment Health Insurance and other Benefits
During an FMLA leave, the Company will continue to pay its portion of the group health insurance premiums. The employee must continue to pay his or her share of the premiums (including the employee’s share of any premium increases). The employee’s failure to pay his or her share of the premiums will result in loss of coverage. If the employee does not return to work after the leave expires, the employee must reimburse the Company for all premiums the Company paid during the leave, unless the employee does not return because of the continuation, recurrence or onset of a serious health condition, or other circumstances beyond the employee’s control.
Employees will not lose any employment benefits earned and accumulated before their FMLA leave begins. However, employees are required to use their earned and accumulated paid vacation days and paid sick days (if the leave is for their serious health condition) in conjunction with FMLA leaves, unless the leave otherwise is paid (e.g., because the employee is receiving workers’ compensation or other disability benefits).
This policy intends to comply with the Family and Medical Leave Act of 1993 as amended and its implementing regulations. The Company will be guided by the specific provisions of the Act and related regulations issued by the U.S. Department of Labor when interpreting and applying this policy in individual cases.
Employees needing time off for military service will be granted a leave of absence in accordance with the law governing military service and veterans’ re-employment. Employees may request vacation pay from earned vacation benefits up to the total hours they have available to cover such leave if they choose.