WELCOME to Maintenance & Management Associates.
 
 
I hope our association will be a beneficial one.  Our company has a 40 year history of providing quality service to our customers, and our growth over the years has been a result of the efforts of each employee.  Our future looks bright!  I am counting on your help in meeting the challenges ahead.
 
It is our objective to provide the best service for all of our customers. If you have any questions regarding your job, or suggestions regarding the building you are working in discuss them with your supervisor or call any of us to help you.
 
We want to make this company a good place to work!  Thank you for joining us.
 
 
 
 
                                                                                            Maripat Downey
                                                                                            President
                                            
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
TABLE OF CONTENTS                                                                                        Page Number
 
 
*Welcome to our firm                                                                                 1
 
*Purpose of this manual                                                                              3
 
*History of our company                                                                             3
 
*This is our business                                                                                   4
 
*You and your future with Maintenance & Management                             4
 
*Work regulations                                                                                       5-7
 
*Company Benefits                                                                                     8
 
*Drug and Alcohol Policy                                                                            8-10
 
*Sexual Harassment                                                                                    10-16
 
*FMLA                                                                                                       16-18
 
*Paid Time off - Sick - Safe - Personal Leave                                                   19-21 
*Paid Family Leave (PFL)                                                                           22-25
 
* Lactation Information                                                                                    26-27                                                                                                               
*Prenatal Care                                                                                                  28-29                                                                                                                   
*Questions and problems                                                                                        30   
 
 

 
                                                                                                                                             
THIS MANUAL is your reference guide to the benefits available to you as an employee of
Maintenance & Management Associates, Inc.  The manual also describes certain policies regulating your employment.  This manual is not intended to create a contract of employment.
Maintenance & Management, Inc. reserves the right to change, modify, or delete any of the policies, procedures, or benefits contained in this manual at any time.  As changes are made, we will provide you with revised wording.
 
 
 
HISTORY OF OUR COMPANY:
 
We began as Norcon Maintenance in 1977 with the initial cleaning of a small US Post Office on Millersport Hwy.  From this small start we developed new accounts in a wide variety of buildings. These include: banks, TV stations, commercial offices, health care facilities, schools, and government agencies.
 
In 1979, we became Maintenance & Management Associates, Inc.  In 1982, we moved our headquarters to its present location.
 
Today, Maintenance & Management is recognized as a leading Building Service Contractor with a reputation of excellence.  Although we are not the largest contract cleaning firm in the area, our growth is constant due to the loyalty and diligence of our employees.  They have made this firm a success.
 
We are the only janitorial company that has made the Business First Top 10 List since the paper began in Buffalo.
 
 
 
 
 
THIS IS OUR BUSINESS:                                                                                                          
 
Maintenance & Management is in the contract cleaning business.  We provide a wide range of services to our customers, including: janitorial services, general office cleaning, carpet care, floor care, window cleaning, engineering, painting, exterior building, grounds maintenance, and other services necessary to keep our customers’ buildings in good condition.
 
We are considered professionals.  Our customers expect us to perform our services in that manner.  We want you to take pride in a “job well done”.
 
Our company maintains membership in the Building Service Contractors Association International.  Through its publications, seminars, and conventions, we are able to keep current with the latest techniques, supplies, and cleaning methods.  This organization also helps us improve management skills.  We have developed a strong company with a solid base.

                                                                                                                                                
.
 
YOU AND YOUR FUTURE WITH MAINTENANCE & MANAGEMENT:
 
The greatest asset of our company is the potential of our employees.  As the company has a responsibility to our employees, so our employees have to the company.  The goal of our personnel policy is to encourage the employees’ sense of responsibility, spirit of confidence, and attitude of cooperation.
 
Pay is equitable to our employees.  Increases are based on both seniority and merit.  Performance reviews and evaluations will be made on a regular basis.
 
When it comes to promotions, we look inside the firm.  We want to encourage management development from within the body of our employees.
 
Maintenance & Management is an Equal Opportunity Employer.  All decisions regarding hiring, pay, promotion, or termination are made without regard to race, color, sex, sexual orientation, gender identity, gender dysphoria,  transgender status, creed,  national origin, marital status, disability, military status, domestic violence victim status or predisposing genetic characteristics.  We at Maintenance & Management Associates, Inc. hope that your employment with us is rewarding and satisfying for both you and the Company.  We believe that our company offers rewarding employment opportunities, and that our compensation is comparable to other companies our size in the geographic area where we operate.  However, it is important that all of us understand the terms and conditions of employment with MMA.  The company is not in a position to guarantee or promise employment for any specified length of time.  Therefore, it may periodically be in the best interest of the company to terminate employees either on an individual basis or based on a reduction of one or more areas of our operation.  Therefore, Maintenance & Management Associates, Inc. reserves the right to make such decisions in its sole discretion. 
                                                                                                                                                        
Accordingly, all of us must realize that the employment of an employee may be terminated at any time at the option of the company.
 
WORK REGULATIONS:
 
WORK HOURS - In accepting this job, you are obligating yourself to be on the job each and every night or day as scheduled.  Failure to report on the job as scheduled is sufficient cause for dismissal.  We realize that illnesses or emergencies do occur, but we expect the employee to notify this office in sufficient time to obtain a replacement.
 
WORK WEEK - The company work week begins on Sunday and ends on Saturday.  Time reports are taken from the electronic system on Mondays, and your pay is determined from those reports. Therefore, it is very important that you clock in and out on time, and on any day that you are scheduled to work.  Payday is on Thursday of each week, for the previous week worked.  When a payday falls on a Holiday, every effort will be made to make your check available on Wednesday of that week.  The company will make no advance on paychecks.
                                                                                                                                    
UNIFORMS - Where building requirements necessitate, uniforms will be supplied by the company (at the company’s expense) and must be worn at all times.  Proper dress will always be a requirement on the job.  A clean and neat appearance is necessary. Work pants or jeans are acceptable.  Comfortable shoes are recommended.  No unprofessional apparel will be acceptable.
 
EMPLOYEE RECORDS - A personnel file is maintained for each employee.  It contains confidential records, references, attendance, salary, and evaluations.  Giving false information on personnel records is grounds for dismissal.  Accurate employment records are important to assure benefits and to comply with government regulations.  Help keep our records up to date by promptly notifying us of:

• change of address or phone number.
• change of persons to be notified in case of emergency.
• change in your legal name.
• change in number of income tax exceptions.

 
RULES OF CONDUCT - Many of the following rules have been in effect informally for a long time.  However, in the interest of fairness to everyone, the following rules are stated so that every employee will know what is expected of him or her.
The purpose of these rules is not to restrict any employee, but rather to avoid misunderstandings and problems in the future.  We hope these rules will be a positive force in encouraging cooperation and efficiency.  Any questions related to these rules should be directed to your supervisor or the office.
 
 
 
 
GENERAL RULES OF CONDUCT:                                                                                         
The following offenses may result in disciplinary action ranging from a verbal or written warning up to and including dismissal, depending upon the seriousness of the incident and the facts of the case.
 

1. Falsification of company records - including application for employment or filing a false       claim for benefits.
2. Failure of an employee to report for work in a condition which will enable him/her to

perform assigned tasks, including reporting for work under the influence of intoxicating beverages or drugs.

1. Theft, attempted theft, or misappropriation of the property of the company or one of its           customers; or of the property of another employee.  (The company reserves the

right to inspect packages, purses, and other containers carried by employees leaving the premises.)

1. Destruction of the property of: the company, one of the company’s customers, or another

employee, through intentional recklessness or negligent conduct.

1. Fighting or horseplay on company or customers premises.
2. Posting of notices except on designated bulletin board.
3. Use of profanity in the presence of customers.
4. The possession of firearms.
5. Loafing, wasting time, personal reading, or sleeping during work hours.
6. Careless workmanship or making scrap unnecessarily.
7. Being present on a customer’s premises in work areas prior to start time. (Unless the

group leader or supervisor is present.)

1. Leaving your work station before assigned dismissal time, before work is completed, or                without permission of group leader or supervisor.
2. Making or receiving telephone calls during working hours, except for emergencies and                  timekeeping.
3. Disclosure of information designated by the company as confidential.
4. Threatening an employee, supervisor, or customer.
5. Insubordination to a supervisor, refusal to follow instructions, or to perform assigned

work.

1. Extending break time, meal periods, and/or wash up time.
2. Removal of tools or other materials, including scrap materials from a customer’s premises, without written authorization from a supervisor.
3. Violation of safety rules. (Failure to wear required safety equipment when applicable)
4. Excessive, unexcused absence and/or tardiness.
5. Failure to call if you are not reporting to work is considered a nc/ns ( no call / no show) and may be grounds for immediate termination of employment.
6. Violation of rules related to recording work time.
7. Allowing unauthorized persons to enter any building in which you are working, without                written authorization.
8. Cell phones are not to be used when customers are in the building. When/If all customers     have vacated the building, then cell phone usage is restricted to hands free devises   

    only. Please note – some specific accounts do not allow cell phones at all.  Your    
    supervisor will inform you if you are scheduled at one of these accounts.  No use of
   cameras at any account.
24. MOTOR VEHICLES - When operating a motor vehicle while on the job, you must               obey all motor vehicle and New York State laws.  Cell phones are not to be used unless            you have a hands free device.
                                                                                                                                              
The company reserves the right to take appropriate disciplinary action in cases not expressly covered by these rules.
 
CUSTOMER PROPERTY- Telephones in the building in which you are working are not to be used for personal calls.  They can be used only to clock in/out, or for emergencies.  Do not handle or use any property belonging to the customer. This includes: food, radios, copy machines, and any other office equipment.  Correspondence and any other papers left on desks are not to be disturbed.  If you find any materials on the floor, place them on the nearest desk (unless the customer has written instructions otherwise.  When in doubt save!!)
Employee property - Maintenance & Management is not responsible for lost or stolen valuables, so please do not bring them to the job.
 
BREAKAGE POLICY - Accidents sometimes occur in the normal course of work.  You will not be expected to pay for damages.  However, if you do accidentally break or damage any property belonging to a customer, LEAVE A NOTE reporting the damage on the desk of the proper party.
                                                                                                                                              
Also, CALL US at the office (836-2111) and report the damage so we can handle the matter with the customer.
                                                                                                                                               
TERMINATION - We ask that an advance notice of one week be given before resignation, so that we can provide trained replacements.  Except for the causes leading to immediate termination, the company will also make every effort to give one week’s notice to an employee we are forced to terminate due to losing an account.
 
EMERGENCY PROCEDURES - Call the Police or Fire Department in case of burglary, fire, or suspicious people around the premises.  Keep emergency phone numbers in the supply closet.  Notify the office of any emergencies reported.
 
INJURIES - If you are hurt on the job in any way, notify your supervisor or the office immediately.  Proper action will be taken according to the nature of the injury.
 
OTHER - Solicitation of employees (during your work time or theirs) in connection with raffles, sales, contributions to or membership in charitable organizations, civic organizations, and other groups or activities is prohibited.  Distribution of unauthorized literature, including slingers and other written materials, is also prohibited during work time to avoid littering.
(These personnel regulations are not to be considered as a contractual document, but are to serve as a guide to personnel for work orientation).
 
 
 
 
 
 
COMPANY BENEFITS:
 
HOLIDAYS - After completing 6 months of continuous service, full time and part time employees will receive holiday pay (at their respective rate and average hours) for the holidays listed below.  Holiday pay is given under the condition that the employee work the day before and the day after the holiday.                                                                                   
             
        New Year’s Day                     Labor Day                         Fourth of July
        Memorial Day                        Thanksgiving Day              Christmas Day
 
                                                                                                                                    
BONUSES - You will be rewarded for any janitorial service leads you furnish to the company which result in increased business.  Advise us of any new construction you are aware of, or of any buildings that are unhappy with their current cleaning.  Rewards are also given for bringing in other new cleaners. (The description of the foregoing is purely to serve as a guide and not to be considered a contractual agreement.



                                                                     DRUG AND ALCOHOL POLICY:
                                                                                                                       
A.  Policy Application
This policy applies to all employees of the Company.  For the purposes of this policy, a person will be considered “on the job” whenever he or she is:
       1.  on company property, including parking lots.
       2.  on a client’s property, including parking lots.
 
B.  Drug and Alcohol Statement
 
The Company is concerned about the use, possession, manufacture, dispensation, distribution, purchase, sale, or offer the sale of alcohol, illegal drugs, and controlled substances and the abuse of prescribed and over-the-counter medications in the work environment.  Such activities
interfere with an employee’s work performance, efficiency, safety, and health and may adversely affect the work and safety of others.
The word “controlled substance” in this policy includes all chemical substances or drugs listed in
any controlled substances act or regulation applicable under any federal, state, or local laws.  Most, but not all, controlled substances fall in to one of the following 6 categories:
             *Cannabis   (i.e. marijuana, hashish)       
 *Inhalants   (i.e. nitrous oxide, chlorohydro-carbons, hydrocarbons)
 *Stimulants (i.e. cocaine, crack, and amphetamines)
 *Hallucinogens (i.e. phencyclidine (PCP), and lysergic acid diethylamide (LSD)
 *Narcotics (i.e. heroin, methadone, codeine, and opium)
 *Designer drugs (i.e.  analogs of fentanyl and analogs of meperidine)
Furthermore, the use of prescription drugs and/or the use of over the counter drugs may also affect an employee’s job performance and seriously impair his/her value as an employee.
 
REGULATIONS:
  1.  The following are strictly PROHIBITED by the company:
    a. Possessing or consuming alcohol or a controlled substance while on the job, working or attempting to work while under the influence of alcohol or controlled substance or showing signs of alcohol use.  The only exception being the non-influencing, authorized alcohol consumption at Company social and client activities.
 
    b. Distributing, passing, manufacturing, dispensing, using, selling, offering to buy, sell or
             purchase a controlled substance while on the job.
    c. Working or attempting to work while under the influence of any drug, including
prescription drugs, over the counter drugs, and controlled substances; except when under
and in accordance with a physician’s direction and where such use will not affect the
employee’s ability to safely perform his/her job.
    d. Using drugs or alcohol, including prescription drugs and over the counter drugs, when such             use may impair the employee’s ability to safely perform his/her job and/or may affect the
           safety and well-being of others.  This prohibition includes use of drugs or alcohol off duty,            where such use impairs job performance or safety. 
 

 2.   The following are strictly REQUIRED by the company:
     a. An employee who is using prescription or over the counter drugs which may impair
his/her ability to safely perform his/her job or may affect the safety or well-being of
others, should discuss the situation with his/her supervisor before resuming work.  If an
employee fails to notify the supervisor that such drugs are being taken, and job performance is impaired, the employer has the right to discipline the employee.
     b. An employee is required to notify the company of any drug statute conviction no later than              5 days after such conviction.
 
C.  REHABILITATION POLICY
The company will encourage and assist employees with chemical dependencies (alcohol or drugs) to seek treatment and/or rehabilitation.  To that end, the company will allow the employee to take a leave, without pay, to rehabilitate.  This leave will be treated as any other medical leave.  The company’s rehabilitation policy is distinct from the regulations described above.  Any violation of those regulations may lead to discipline, up to and including dismissal.
 
D.  COMPLIANCE POLICY
The company reserves the right to require drug and/or alcohol testing of any job applicant or employee as set forth in “E” below.  An employee’s consent to undergo the testing procedures is required as a condition of employment.  An employee’s refusal to consent may result in disciplinary action up to and including termination.
 
 
 
E.  DRUG & ALCOHOL DETECTION PROGRAM
Testing for drug and/or alcohol use may be conducted under any of the following circumstances
 1.  During the job application.
 2.  When there is reasonable suspicion that an employee is under the influence of drugs/alcohol.
          “Reasonable suspicion” is established by observation of overt behavior or conduct,    
sufficient enough to lead a prudent person to suspect that there is an influence of drugs or
alcohol.
 3. As part of a testing program instituted as a condition of employment after prior drug or                     alcohol related rehabilitation, treatment, or disciplinary proceedings.
 4. When required by a client as a condition of employment to work on site.  An employee may
          refuse assignment to a site.  Such employees will be assigned to another site if work is                  available.
5.  Mandatory drug and alcohol screening for any employee immediately following report of an         occupationally caused illness or injury to determine whether alcohol and/or drug use were           contributing factors to the incident.  All tests showing positive for drug or alcohol use will
        be reported to the company’s workers compensation insurance carrier for consideration,
        and the employee will be subject to immediate disciplinary action.  Employees who refuse 
        mandatory drug testing will likewise become subject to immediate disciplinary action and
        be reported to the company’s workers compensation insurance carrier.
 
F.  INSPECTIONS
If reasonable suspicion so indicates, the company reserves the right to inspect the employee’s:
vehicles, office furniture, lockers, handbags, briefcases, or other personal property, for unauthorized items including drugs or alcohol.  Such inspections will be conducted with the employee present, provided the employee is on the job site.  Inspections may also be conducted with the assistance of law enforcement personnel, if the presence of a “controlled substance” is suspected.
 

G.  ACTION                                                                                                                        
Any employee who violates the above policy/regulations is subject to discipline up to and including summary dismissal, even for a first violation.
 
 
SEXUAL HARASSMENT POLICY:
 
Introduction
 
Maintenance & Management Associates is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. All employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of Maintenance & Management Associates commitment to a discrimination-free work environment. Sexual harassment is against the law[1] and all employees have a legal right to a workplace free from sexual harassment and employees are urged to report sexual harassment by filing a complaint internally with Maripat Downey.
 
Policy:
 

1. Maintenance & Management Associates policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business, regardless of immigration status, with Maintenance & Management Associates . In the remainder of this document, the term “employees” refers to this collective group.

 

1. Sexual harassment will not be tolerated. Any employee or individual covered by this policy who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action (e.g., counseling, suspension, termination).

 

1. Retaliation Prohibition: No person covered by this Policy shall be subject to adverse action because the employee reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. Maintenance & Management Associates will not tolerate such retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Any employee of Maintenance & Management Associates who retaliates against anyone involved in a sexual harassment investigation will be subjected to disciplinary action, up to and including termination. All employees, paid or unpaid interns, or non-employees[2] working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, or Maripat Downey. All employees, paid or unpaid interns or non-employees who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below in the section on Legal Protections.

 
 

1. Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject Maintenance & Management Associates to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Employees of every level who engage in sexual harassment, including managers and supervisors who engage in sexual harassment or who allow such behavior to continue, will be penalized for such misconduct.

 

1. Maintenance & Management Associates will conduct a prompt and thorough investigation that ensures due process for all parties, whenever management receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. Maintenance & Management Associates will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment.

 

1. All employees are encouraged to report any harassment or behaviors that violate this policy. Maintenance & Management Associates will provide all employees a complaint form for employees to report harassment and file complaints.

 

1. Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to Maripat Downey.

 

1. This policy applies to all employees, paid or unpaid interns, and non-employees and all must follow and uphold this policy. This policy must be provided to all employees and should be posted prominently in all work locations to the extent practicable (for example, in a main office, not an offsite work location) and be provided to employees upon hiring.

 
 
What Is “Sexual Harassment”?
 
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.
 
Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:
 

• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;

 

• Such conduct is made either explicitly or implicitly a term or condition of employment; or

 

• Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment.

 
A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance.
 
Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.
 
Any employee who feels harassed should report so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy.
 
 
Examples of sexual harassment
 
The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:
 

• Physical acts of a sexual nature, such as:
  • Touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee’s body or poking another employee’s body;
  • Rape, sexual battery, molestation or attempts to commit these assaults.

 

• Unwanted sexual advances or propositions, such as:
  • Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion or other job benefits or detriments;
  • Subtle or obvious pressure for unwelcome sexual activities.

 

• Sexually oriented gestures, noises, remarks or jokes, or comments about a person’s sexuality or sexual experience, which create a hostile work environment.

 

• Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.

 

• Sexual or discriminatory displays or publications anywhere in the workplace, such as:
  • Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.

 

• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity and the status of being transgender, such as:
  • Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
  • Sabotaging an individual’s work;
  • Bullying, yelling, name-calling.

Who can be a target of sexual harassment?
 
Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor.
 
Where can sexual harassment occur?
 
Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non-work hours.
 
 
Retaliation
 
Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).
 
Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:
 

• made a complaint of sexual harassment, either internally or with any anti-discrimination agency;

 

• testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other anti-discrimination law;

 

• opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;

 

• reported that another employee has been sexually harassed; or

 

• encouraged a fellow employee to report harassment.

 
Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
 
 
 
 
Reporting Sexual Harassment
 
Preventing sexual harassment is everyone’s responsibility. Maintenance & Management Associates cannot prevent or remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern or non-employee who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to a supervisor, manager or Maripat Downey. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager or Maripat Downey.
 
Reports of sexual harassment may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy, and all employees are encouraged to use this complaint form. Employees who are reporting sexual harassment on behalf of other employees should use the complaint form and note that it is on another employee’s behalf.
 
Employees, paid or unpaid interns or non-employees who believe they have been a target of sexual harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections.
 
 
Supervisory Responsibilities
 
All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to Maripat Downey.
 
In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue.
 
Supervisors and managers will also be subject to discipline for engaging in any retaliation.
 
 
Complaint and Investigation of Sexual Harassment
 
All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible.
 
An investigation of any complaint, information or knowledge of suspected sexual harassment will be prompt and thorough, commenced immediately and completed as soon as possible. The investigation will be kept confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation.
 
Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. Maintenance & Management Associates will not tolerate retaliation against employees who file complaints, support another’s complaint or participate in an investigation regarding a violation of this policy.
 
While the process may vary from case to case, investigations should be done in accordance with the following steps:

• Upon receipt of complaint, Maripat Downey will conduct an immediate review of the allegations, and take any interim actions (e.g., instructing the respondent to refrain from communications with the complainant), as appropriate. If complaint is verbal, encourage the individual to complete the “Complaint Form” in writing. If he or she refuses, prepare a Complaint Form based on the verbal reporting.

 

• If documents, emails or phone records are relevant to the investigation, take steps to obtain and preserve them.

 

• Request and review all relevant documents, including all electronic communications.

 

• Interview all parties involved, including any relevant witnesses;

 

• Create a written documentation of the investigation (such as a letter, memo or email), which contains the following:
  • A list of all documents reviewed, along with a detailed summary of relevant documents;
  • A list of names of those interviewed, along with a detailed summary of their statements;
  • A timeline of events;
  • A summary of prior relevant incidents, reported or unreported; and
  • The basis for the decision and final resolution of the complaint, together with any corrective action(s).

 

• Keep the written documentation and associated documents in a secure and confidential location.

 

• Promptly notify the individual who reported and the individual(s) about whom the complaint was made of the final determination and implement any corrective actions identified in the written document.

 

• Inform the individual who reported of the right to file a complaint or charge externally as outlined in the next section.

 
 
 
 
 
 
FAMILY AND MEDICAL LEAVE ACT (FMLA)
 
Basic Leave Entitlement
FMLA requires employers to provide up to 12 weeks of unpaid, job protected leave to eligible employees for the following reasons:
 

• for incapacity due to pregnancy, prenatal medical care for child birth;
• to care for the employee's child after birth, or placement for adoption or foster care;
• to care for the employee's spouse, son, daughter, or parent, who has a serious health condition; or
• for a serious health condition that makes the employee unable to perform the employee's job.

 
Military Family Leave Entitlements
Eligible employees whose spouse, son, daughter, or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying emergencies.  Qualifying emergencies 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.
 
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: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation of therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) 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.*
 
*The FMLA of "serious injury or illness" for current servicemembers and veterans are distinct from the FMLA definition of "serious health condition."
 
Benefits and Protections
During FMLA leave, the employer must maintain the employee's health coverage under "any group health plan" on the same terms as if the employee has continued to work.  Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
 
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.
 
Eligibility Requirements
Employees are eligible if they have worked for a covered employer for at least 12 months, have 1,250 hours of service in the previous 12 months*, and if at least 50 employees are employed by the employer within 75 miles.
 
*Special hours of service eligibility requirements apply to airline flight crew employees.
 
Definition of a Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities.
 
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition.  Other conditions may meet the definition of continuing treatment.
 
Use of Leave
An employee does not need to use this leave entitlement in one block.  Leave can be taken intermittently or on a reduced leave schedule when medically necessary.  Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations.  Leave due to qualifying exigencies may also be taken on intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave.  In order to use paid leave for FMLA leave, employees must comply with the employer's normal paid leave policies.
 
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable.  When 30 days is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal call-in procedures.
 
Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave.  Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave.  Employees must also inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified.  Employees may be required to provide a certification and periodic recertification supporting the need for leave.
 
Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under FMLA.  If they are, the notice must specify any additional information required as well as the employees' rights and responsibilities.  If they are not eligible, the employer must provide a reason for the ineligibility.
 
Covered employers must inform employees if leave will be designated as FMLA-protected and leave counted against the employee's leave entitlement.  If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
 
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:

• interfere with, restrain, or deny the exercise of any right provided under FMLA;
• discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

 
 
 
 
Paid Time Off - Sick - Safe  - Personal Time Off
Eligibility
 
Maintenance & Management Associates, Inc. provides paid sick and safe leave/Personal time off to all team members.
 
Accrual
 
Team Members begin accruing paid sick and safe/ personal  leave pursuant to this policy on September 30, 2020 or at the start of employment, whichever is later. Team Members will accrue one (1) hour of paid leave for every 30 hours worked, up to a maximum accrual of 40 hours each calendar year. Exempt team members are assumed to work 40 hours in each workweek unless their normal workweek is less than 40 hours, in which case  leave accrues based on that normal workweek. For purposes of this policy, the calendar year is the consecutive 12-month period beginning January 1 and ending on December 31.
 
 
 
Usage
 
Team Members may begin using accrued  leave on January 1, 2021. Leave may be used in a minimum increment of one (1) hour. Team Members may not use more than their maximum  accrued hours of  leave in any calendar year.
 
Team Members may use accrued sick and safe/ personal  leave for  any reason including the following reasons:
 

• Vacation

 

• Personal time

 

• a mental or physical illness, injury or health condition of the team member or family member, regardless of whether such illness, injury or health condition has been diagnosed or requires medical care at the time sick and safe leave is requested;
• the diagnosis, care or treatment of a mental or physical illness, injury or health condition of, or need for medical diagnosis of, or preventive care for, the team member or family member; or
• an absence from work due to any of the following reasons when the team member or family member has been the victim of domestic violence, a family offense, sexual offense, stalking or human trafficking:
  1. to obtain services from a domestic violence shelter, rape crisis center or other services program;
  2. to participate in safety planning, temporarily or permanently relocate or take other actions to increase the safety of the team member or family members;
  3. to meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in, any criminal or civil proceeding;
  4. to file a complaint or domestic incident report with law enforcement;
  5. to meet with a district attorney's office;
  6. to enroll children in a new school; or
  7. to take any other actions necessary to ensure the health or safety of the team member or family members or to protect associates or work colleagues

 
A person who has committed such domestic violence, family offense, sexual offense, stalking or human trafficking will not be eligible for paid sick and safe leave for situations in which the person committed such offense and was not a victim, notwithstanding any family relationship.
 
For purposes of this policy, “family member” means:
 

• a child (biological, adopted, or foster child, a legal ward, or a child of the team member standing in loco parentis);
• spouse or domestic partner;
• parent (biological, foster, step, adoptive, legal guardian, or person who stood in loco parentis when the team member was a minor child);
• sibling;
• grandchild or grandparent; and
• the child or parent of the team member’s spouse or domestic partner.

Unless advised otherwise, the Company will assume, subject to applicable law, that team members want to use available sick and safe leave for the reasons set forth above, and team members will be paid for such absences to the extent they have paid sick and safe/personal leave available.
 
Notice and Documentation
 
Team Members may make oral or written requests to use leave. Team Members must provide reasonable advance notice to Maintenance & Management Associates, Inc.  of the need to use  leave if the need is foreseeable. Where the need is not foreseeable, they should provide notice as early as possible.
 
The Company may require supporting documentation for the use of leave to the extent permitted by applicable law. The Company will not require disclosure of confidential information relating to a mental or physical illness, injury or health condition or information relating to absence from work due to domestic violence, a sexual offense, stalking or human trafficking, as a condition of providing sick and safe leave.
 
Payment
 
Leave will be paid at the team member’s regular rate of pay or the applicable state minimum wage, whichever is greater. Use of sick and safe / personal  leave is not considered hours worked for purposes of calculating overtime. Paid sick leave  may not be used consecutively with paid family leave.
 
Carryover and Payout
 
Team Members may carry over up to 40 hours of accrued, unused sick and safe/personal leave to the following calendar year.  The benefit of carrying over sick leave when usage is limited : when sick leave is carried over into a new calendar year, an employee is able to use it right away instead of waiting to accrue leave.
Accrued but unused sick and safe leave will not be paid at separation.
 
Enforcement and Retaliation
 
Team Members will not be discharged, threatened, penalized or in any other manner discriminated or retaliated against because they have exercised their rights to request and use sick and safe leave under this policy and applicable law.
 
If team members have any questions regarding this policy, they should contact
 Maripat Downey at the office 716-836-2111
 
 
 
 
 
 
Paid Family Leave Overview
 
New York Paid Family Leave provides job-protected, paid time off so you can:

• Bond with a newly born, adopted or fostered child,
• Care for a close relative with a serious health condition, or
• Assist with family situations when a family member is deployed abroad on active military service.

 
Paid Family Leave may also be available for use in situations when you or your minor dependent child are under an order of quarantine or isolation due to COVID-19. See PaidFamilyLeave.ny.gov/COVID19 for full details.
 
Benefits -- Time
 
Eligible employees may take up to 12 weeks of leave. This leave can be taken either all at once or intermittently, but must be taken in full-day increments. You may take the maximum time-off benefit in any given 52-week period.
 
Benefits -- Pay
 
Paid Family Leave benefits provide 67% of your average weekly wage, capped at the same percentage of the New York State Average Weekly Wage.
 
Visit PaidFamilyLeave.ny.gov for information on this year’s maximum weekly benefit, as well as a calculator to estimate your own benefits.
 
EXAMPLE: An employee who earns $1,000 a week would receive a benefit of $670 a week.
 
Eligibility
 
All eligible employees are entitled to participate in Paid Family Leave.

• Full-time employees: Employees who work a regular schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment.
• Part-time employees: Employees who work a regular schedule of less than 20 hours per week are eligible after working 175 days, which do not need to be consecutive.

 
Employees are eligible regardless of citizenship and/or immigration status.
 
Funding
 
Paid Family Leave is funded through employee payroll contributions that are set each year to match the cost of coverage. The rate of employee contributions is reviewed annually, and is subject to change by the New York State Department of Financial Services. Visit PaidFamilyLeave.ny.gov for information on this year’s employee contribution rate, as well as a calculator to estimate your own payroll contributions.
 
Qualifying Events
 
New Child: You can take Paid Family Leave during the first 12 months following the birth, adoption, or fostering of a child. Expectant mothers cannot take Paid Family Leave for their own pregnancy. Paid Family Leave for the birth of a child begins after the birth. It is not available for prenatal conditions.
 
Serious Illness: You can take Paid Family leave to care for a family member with a serious health condition. These relatives can live outside of New York State and even outside the country. You cannot take Paid Family Leave for your own health condition.
 
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves:

• Inpatient care in a hospital, hospice, or residential health care facility, or
• Continuing treatment or continuing supervision by a health care provider.

 
A family member includes:

• Spouse
• Domestic partner
• Child and stepchild
• Parent and stepparent
• Parent-in-law
• Grandparent
• Grandchild
• Sibling (biological, adopted, half, and step)*

 
Military Active Service Deployment: You can take Paid Family Leave to assist with family situations arising when your spouse, domestic partner, child, or parent is deployed abroad on active military service or has been notified of an impending military deployment abroad. You cannot use Paid Family Leave for your own qualifying military event.
 
COVID-19 Quarantine: Paid Family Leave may also be available for use in situations when you or your minor dependent child are under an order of quarantine or isolation due to COVID-19. See PaidFamilyLeave.ny.gov/COVID19 for full details.
 
Your Rights and Protections

• You have job protection, ensuring you can return to the same job (or a comparable one) when you return from Paid Family Leave.
• You can keep your health insurance while on leave. If you contribute to the cost of your health insurance, you must continue to pay your portion of the premium cost while on leave.
• Your employer is prohibited from discriminating or retaliating against you for requesting or taking Paid Family Leave.

 
Taking Paid Family Leave
 
1. Notify your employer. When you want to take Paid Family Leave, you must notify your employer at least 30 days before your leave will start if it’s foreseeable. Otherwise, notify your employer as soon as possible.
2. Obtain required forms. Contact your employer, employer’s insurance carrier, or visit PaidFamilyLeave.ny.gov to obtain the required forms.
3. Complete and attach: The Request For Paid Family Leave (Form PFL-1) has sections that need to be completed by you and by your employer. Fill out your section, make a copy and give the form to your employer to fill out Part B. Your employer is required to return Form PFL-1 to you within three business days. If there is a delay, you do not have to wait to proceed. Send the Form PFL-1 that you have filled out, along with the rest of your request package, directly to your employer’s insurance carrier.
4. Obtain and attach supporting documentation. The specific documentation or additional forms required for each type of leave are described on the request for Paid Family Leave and at PaidFamilyLeave.ny.gov/Apply.
 5. Submit your request forms and supporting documentation. You must submit your completed request package to your employer’s insurance carrier within 30 days after the start of your leave to avoid losing benefits. In most cases, the insurance carrier must pay or deny benefits within 18 calendar days of receiving your completed request or your first day of leave, whichever is later.
 
Paid Family Leave Process and Contacts
 
At Maintenance and Management Associates Inc., requests for Paid Family Leave forms and forms submission should be directed to: Maripat Downey.
Our Paid Family Leave insurance carrier is: Shelter Point
 
Disputes
 
If your Paid Family Leave claim is denied, the insurance carrier or employer, if self-insured, will provide you with information about how to request arbitration. A neutral arbitrator will decide claim-related disputes.
 
Contact:
Insurance carrier: Shelter Point
 
Discrimination Complaints
 
Employees are protected from discrimination and retaliation for requesting or taking Paid Family Leave.
 
If your employer terminates your employment, reduces your pay and/or benefits, or disciplines you in any way as a result of you requesting or taking Paid Family Leave, send your employer’s designated Paid Family Leave contact a formal request for job reinstatement using the Formal Request For Reinstatement Regarding Paid Family Leave (Form PFL-DC-119), which can be found in the forms section of PaidFamilyLeave.ny.gov. File the completed form with your employer and send a copy to:
 
Paid Family Leave, P. O. Box 9030, Endicott, NY 13761-9030
 
If your employer fails to comply with the request for reinstatement within 30 days, you may file a Paid Family Leave discrimination complaint with the Workers’ Compensation Board using Paid Family Leave Discrimination Complaint (Form PFL-DC-120), which is also available on the Paid Family Leave website. Once your complaint is received, the Board will assemble your case and schedule a preliminary hearing in front of a Workers’ Compensation Law Judge.
 
 
 
 
 
 
 
 
 
 


 
MAKING A REQUEST TO EXPRESS BREAST MILK AT WORK If an employee wants to express breast milk at work, they must give the employer reasonable advance notice, generally before returning to the workplace if the employee is on leave. This advance notice is to allow the employer time to find an appropriate location and adjust schedules if needed. Employees wishing to request a room or other location to express breast milk in the workplace should do so by submitting a written request to their direct supervisor or individual designated by their employer for processing requests. Employers must respond to this request for a room or other location to express breast milk in writing within five days. Employers must notify all employees in writing through email or printed memo when a room or other location has been designated for breast milk expression.
 
 LACTATION ROOM REQUIREMENTS In addition to providing the necessary time during the workday, employers must provide a private room or alternative location for the purpose of breast milk expression. The space provided for breast milk expression cannot be a restroom or toilet stall. The room or other location must: • Be close to an employee’s work area • Provide good natural or artificial light • Be private – both shielded from view and free from intrusion • Have accessible, clean running water nearby • Have an electrical outlet (if the workplace is supplied with electricity) • Include a chair • Provide a desk, small table, desk, counter or other f lat surface There does not need to be a separate space for every nursing employee. An employer may dedicate a single room or other location for breast milk expression. Should there be more than one employee at a time needing access to a lactation room, an employer may dedicate a centralized location to be used by all employees. Any space provided for breast milk expression must be close to the work area of the employee(s) using the space. The space must be in walking distance, and the distance to the location should not significantly extend an employee’s needed break time.
 
Employers located in shared work areas, such as office buildings, malls and similar spaces may work together to establish and maintain a dedicated lactation room, as long as such space(s) are a reasonable distance from the employees using the room. Each employer utilizing this common space is individually responsible for making sure the room meets the needs of their employees. If there is not a separate room or space available for lactation, an employer may use a vacant office or other available room on a temporary basis. This room must not be accessible to the public or other employees while an employee is using it for breast milk expression. As a last resort, an available cubicle may be used for breast milk expression. A cubicle can only be used if it is fully enclosed with a partition and is not otherwise accessible to the public or other employees while being used for breast milk expression. The cubicle walls must be at least seven feet tall to insure the employee’s privacy. To ensure privacy, if the lactation room has a window, it must be covered with a curtain, blind or other covering. In addition, the lactation space should have a door equipped with a functional lock. If this is not possible (such as in the case of a fully enclosed cubicle), as a last resort, an employer must utilize a sign advising the space is in use and not accessible to other employees or the public. If the workplace has a refrigerator, employers must allow employees to use it to store breast milk. However, employers are not responsible for ensuring the safekeeping of expressed milk stored in any refrigerator in the workplace. Employees are required to store all expressed milk in closed containers and bring milk home each evening. The space designated for expressing breast milk must be maintained and clean at all times. If an employer can demonstrate undue hardship in providing a space with the above requirements, the employer must still provide a room or other location - other than a restroom or toilet stall - that is in close proximity to the work area where an employee can express breast milk in privacy, that meets as many of the requirements as possible. Undue hardship is defined in the statute as “causing significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.” However, an employer may not deny an employee the right to express breast milk in the workplace due to difficulty in f inding a location.
 NEW YORK STATE DEPARTMENT OF LABOR FEDERAL RESOURCES RESOURCES If an employee believes that they are experiencing retaliation for expressing breast milk in the workplace, or that their employer is in violation of this policy, they should contact the New York State Department of Labor’s Division of Labor Standards. Call us at 1-888-52-LABOR, email us at [email protected], or visit our website at dol.ny.gov/breast-milk-expression-workplace to file a complaint.
PAID PRENATAL LEAVE LAW
Employee Fact Sheet
 
Starting January 1, 2025, all employees working in the private sector are covered by the New York State Paid Prenatal Leave Law (NYS Labor Law Section 196-b). All full time and part time private sector employees, including employees who are overtime exempt, are entitled to 20 hours of Paid Prenatal Leave per year. Federal, state, or local government employees are not covered by New York State’s Paid Prenatal Leave Law. However, employees of non-profit organizations are covered by this law.
 
 Private sector employers include people or businesses, outside of government, that employ others. These employers include persons, corporations, limited liability companies, or associations in any occupation, industry, trade, business, or service.
 
COVERED PRENATAL HEALTH CARE SERVICES Your 20 hours of Paid Prenatal Leave are available for you to take paid time off work for pregnancy-related health care appointments, such as:
 • physical examinations
 • medical procedures
• monitoring
• testing
• discussions with a health care provider needed to ensure a healthy pregnancy
 • end of pregnancy care
 • fertility treatment
 
 Paid Prenatal Leave is only available to the pregnant person receiving health services. A spouse, partner, or other support person attending prenatal appointments with a pregnant person is not able to use Paid Prenatal Leave for these appointments. Paid Prenatal Leave may not be used for health care services after pregnancy.
 
The 52-week period for your 20 hours of prenatal leave is based on when you first use it. It is not tied to the calendar year. For instance, if you use your first hour of Paid Prenatal Leave on June 1st, 2025, you have 20 hours available through May 31st, 2026. If after May 31st, you next need to use Paid Prenatal Leave on August 2nd, 2026, that date would trigger the start of another 52 week period for which you are entitled 20 hours of leave. Unused leave hours do not carry over to the following time period.
 
REQUESTING PAID PRENATAL LEAVE You should let your employer know that you plan to take Paid Prenatal Leave in the same way you would let your employer know you plan to take other types of paid time off at your job. It is encouraged to let your employer know in advance when you plan to take time off with Paid Prenatal Leave. You must be allowed to use Paid Prenatal Leave when you request it, until all 20 hours of leave you are entitled to have been used.
 
OTHER LEAVE POLICIES You have a right to 20 hours of Paid Prenatal Leave per year in addition to any other leave options available to you, including New York State Sick Leave. If you request to use Paid Prenatal Leave, your employer cannot require you to use a certain leave type instead if more than one option is available.
 
PAY FOR PAID PRENATAL LEAVE You are entitled to 20 hours of Paid Prenatal Leave per year. You must be paid at your regular rate of pay while you take this leave, or at the appropriate minimum wage for your occupation, whichever is greater. If you earn the tipped minimum wage, you must be paid the full minimum wage for your region for any Paid Prenatal Leave you take. If you stop working for your employer without using all of your Paid Prenatal Leave, your employer is not required to pay you for any unused Paid Prenatal Leave hours.
 
REQUESTS FOR PERSONAL HEALTH DETAILS PROHIBITED You do not need to give your employer any personal or confidential information about your health or the nature of your prenatal appointment to use Paid Prenatal Leave, and your employer cannot ask you for it. You also do not have to submit medical records to use this benefit.
 
TAKING PAID PRENATAL LEAVE ON AN HOURLY BASIS You may take Paid Prenatal Leave on an hourly basis. For example, if you only need one hour to attend a prenatal health care appointment but are available to work the remaining hours in the workday, you can use one hour of leave and return to work for the rest of the day.
 
NO MINIMUM WORK REQUIREMENT You do not need to work a minimum number of hours to earn access to Paid Prenatal Leave. You are entitled to 20 hours of Paid Prenatal Leave per 52-week period. Newly hired employees are entitled to 20 hours of paid prenatal leave as soon as they are hired.
 
 
 
RETALIATION AND DISCRIMINATION PROHIBITED
It is illegal for your employer to retaliate or discriminate against you for requesting and using Paid Prenatal Leave. Examples of employer retaliation may include:
 • Reducing the number of hours of sick leave, vacation leave, or other leave available to you because you used Paid Prenatal Leave.
 • Changing your work location or hours after you request to use Paid Prenatal Leave
. • Firing or demoting you after you request to use Paid Prenatal Leave.
 
To learn more about employer retaliation visit: dol.ny.gov/retaliation. If you have been the victim of employer retaliation, you can file a complaint with the New York State Department of Labor by calling 1-888-52-LABOR, emailing LSASK@ labor.ny.gov, or visiting a Labor Standards Division office. Labor Standards Division offices are listed here: dol.ny.gov/location/contact-division-labor-standards If you have been the victim of discrimination because of your pregnancy, you may file a complaint with the New York State Division of Human Rights by calling 1-888-392 3644 or visiting: https://dhr.ny.gov/complaint. For more information about Paid Prenatal Leave, including frequently asked questions, visit: ny.gov/programs/new york-state-paid-prenatal-leave.

 
 
 
QUESTIONS/PROBLEMS:
 
The company believes in complete fairness to all employees.  The company also believes that any employee should have an opportunity to register a complaint when he/she feels aggrieved for any reason.  In fact, employees are urged to do so in order for misunderstandings to be cleared up.  Prompt and careful consideration will be given to such matters.  If an employee believes himself/herself to have been treated unfairly by the company by reason of the application of any of the provisions of the company’s employment policies and practices, he or she may seek redress as follows:
 1.  The employee or employees may make a complaint to the supervisor.
 2.  If dissatisfied with the result obtained, the matter may be presented in writing to Senior                 Management.
 
 
 
WEBSITE:
 
To access company related news, open job opportunities, holiday schedules, weather closings, events, and more, visit our website mmabuildingservices.com, then go to the employees only tab, click the link, and then enter the password mMa.
 
 


[1] While this policy specifically addresses sexual harassment, harassment because of and discrimination against persons of all protected classes is prohibited. In New York State, such classes includeage, race, creed, color, national origin, sexual orientation, military status, sex, disability, marital status, domestic violence victim status, gender identity and criminal history.

[2] A non-employee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Protected non-employees include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer.