Professional Documents
Culture Documents
About Express
Express is a staffing service with franchise offices worldwide. We employ people
to work short-term and long-term assignments for a variety of companies.
At-Will Employment
All employment with Express is on an employment-at-will basis, meaning an
associate’s employment can be terminated by either Express or the associate at
any time and for any reason, with or without advanced notice. This at-will status
cannot be changed by any oral statement or agreement, but only by a legally
binding written contract governing employment status. An example of this would
be a written employment agreement for a specific duration of time.
The policies and procedures contained in this Associate Welcome Handbook
are not conditions of employment. Express reserves the right to modify,
suspend, revoke, terminate, or change any of its policies, procedures, practices,
or benefits at any time, with or without notice. We will attempt to modify
this handbook on a regular basis to reflect such changes; however, Express
reserves the right to revise its policies at any time, whether or not such changes
are reflected in this handbook. The most recent version of any policy will be
effective, and this handbook supersedes any earlier versions of this handbook.
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Protecting Your Privacy
Express respects the privacy of individuals in all aspects of our business
operations. We have a longstanding commitment to protecting the personal
information of applicants and associates when providing services to our clients.
Your personal information is only collected, used, and disclosed by Express in
accordance with local, state, and federal privacy laws.
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How long are assignments?
Assignments vary from hours to weeks or even months. When the assignment is
made, the length will usually be known. If you are not available for the full length
of the job, please do not accept the assignment.
Must I accept every assignment?
No. You may decline any assignment without jeopardizing your employment
or future assignments. However, if you refuse an assignment while on
unemployment, your unemployment benefits may be affected.
Who should I call if I’m going to be late or absent?
Call your Express Employment Specialist before your shift starts.
What if I can’t complete an assignment?
If you are unable to complete an assignment for any reason, other than an
unforeseeable emergency, you must give a minimum of 48 hours’ notice so
Express can obtain a replacement.
What do I do when the job assignment ends?
When a job assignment ends, call Express immediately. Failure to call within 48
hours of the end of an assignment is considered job abandonment.
Unemployment benefits may be denied in some states. To ensure your active
status when not on an assignment, communicate your availability weekly.
What if the client company wants to hire me?
Both you and the client should contact your Express Employment Specialist.
We will handle all the necessary details. Express clients have agreed to only
hire Express associates with Express’ prior written consent.
How do I get paid?
Ensure you know the correct timekeeping system for your assignment. You
will be paid on the assigned payday (usually Friday). Please ensure you have
submitted your properly completed and signed time to Express no later than
8:00 a.m. Monday for the previous week.
Do I get paid for time spending interviewing with Express clients?
Yes. You will be paid at least the minimum wage for all time you spend on-site
interviewing for a position with an Express client. Check with your Express
Employment Specialist for specific details. Whenever you attend an interview
with an Express client, be sure to complete and submit an “Interview Time” form
reflecting the start and end times of your interview. This will ensure that you are
compensated appropriately. If the interview is by telephone, you may submit the
form with just your signature and without the interviewer’s signature. Otherwise,
please be sure to have the interviewer sign the form.
Am I paid for the time interviewing with Express to become an
Express associate?
No. Time you spent interviewing with Express to become a member of the
current pool of Express associates (as opposed to time you spend interviewing
for a position with an Express client) is generally not compensable.
What if the client wants me to run an errand in my car?
Express prohibits associates from operating any motor vehicle on the job,
including company cars or forklifts, without the prior written approval of your
Express Employment Specialist.
Do I earn paid vacation?
Paid vacation is available only at locations where a franchisee has chosen
to offer it. Otherwise, Express does not offer paid vacation. Check with
your Express office to obtain more information about whether your location
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participates in Express’ optional vacation policy since practices vary from
location-to-location and client-to-client.
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Getting Off to the Right Start
When you arrive at a new assignment, the client’s staff will appreciate your
ability to get right to work. These suggestions will help pave the way:
Always take a timecard — Ensure you know the correct timekeeping system
for each assignment. Take a timecard to every assignment, in case a timecard
is needed. To receive your paycheck, make sure your worksite supervisor
approves your time worked at the end of each week or at the end of the
assignment. If you use a timecard, you must submit your properly completed
and signed timecard(s) to your Express office no later than 8:00 a.m. Monday for
the previous week.
Accurately report all hours worked — You must never work “off the clock”
and you should report to your Express Employment Specialist immediately if
anyone asks you to do so. You should also be sure to provide your Express
office with an “Interview Time” form recording the start and end times of any
interviews you attended during the week with an Express client.
Follow all client rules — Follow client rules and applicable laws regarding
breaks, hours, smoking, dress codes, attendance, safety, internet usage,
personal calls, etc.
Market yourself — If the client supervisor compliments your work, ask that
you be requested by name when the next need arises. Express always tries
to fill such requests.
If the client has questions about any Express policies, please refer them to
your local Express office.
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of harassment. Express strictly prohibits any act or conduct that creates the
potential for unlawful harassment of any kind.
It is Express’ policy that everyone should work in an environment free from
unlawful harassment. Approval of, participation in, or acceptance of conduct
that creates even the potential for unlawful harassment will be considered a
violation of this policy. This policy prohibits conduct that violates the letter or
spirit of anti-harassment laws or conduct not aligned to the Company’s values,
policies, or behavioral expectations. This includes conduct in any work-related
setting, whether on Express or a client’s premises, during working time, or
while participating in work activities outside the workplace such as business-
related social events and travel.
Conduct prohibited by this policy includes, but is not limited to, unwelcome
conduct, whether verbal, physical, or visual, that is based upon any of the
protected characteristics referenced in Express’ Equal Opportunity Policy.
Express will not tolerate such harassing conduct that affects tangible job
benefits, interferes with work performance, or creates a hostile, intimidating, or
offensive work environment.
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• Graphic or degrading comments about an individual’s appearance or
sexual activity
• Sexually explicit or offensive images in emails or other forms of
electronic messaging
The legal definition of sexual harassment is broad and, in addition to the above
examples, other sexually oriented conduct, whether it is intended or not, that
is unwelcome and has the effect of creating a workplace environment that is
hostile, offensive, intimidating, or humiliating to male or female workers may also
constitute sexual harassment.
Abusive Conduct
Express does not tolerate abusive conduct. “Abusive conduct” means conduct
of an employer or employee in the workplace, with malice, that a reasonable
person would find hostile, offensive, and unrelated to an employer’s legitimate
business interests.
Abusive conduct may include repeated infliction of verbal abuse, such as the
use of derogatory remarks, insults, and epithets, verbal or physical conduct that
a reasonable person would find threatening, intimidating, or humiliating, or the
gratuitous sabotage or undermining of a person’s work performance. A single
act of such behavior does not meet the definition of abusive conduct, unless
it is especially severe and deliberate. Legitimate, reasonable, and constructive
criticism of an employee’s performance or behavior, or reasonable instructions
given to employees during their employment, will not amount to abusive
conduct on their own.
The protections against harassment, discrimination, and abusive conduct extend
to independent contractors, interns, and volunteers affiliated with the company.
Harassment and discrimination by supervisors, managers, co-workers, and third
parties such as suppliers will not be tolerated.
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clients, client employees, suppliers, vendors, contractors, or customers, you
must immediately report the incident. Reports may be made to your Express
Employment Specialist or any other member of Express management. You are
not required to report to your Express Employment Specialist or any other person
engaging in the unwelcome behavior if that Express Employment Specialist or
other person is the subject of the report. Supervisory employees also are required
to report complaints of misconduct to Express.
When Express receives a complaint of harassment (or other conduct prohibited
by this policy), we will conduct a fair, timely, and thorough investigation that
provides all parties appropriate due process and reaches reasonable conclusions
based on the evidence collected. The investigation will be conducted in
such a way as to maintain confidentiality to the extent practicable under the
circumstances. Our investigation will include a private interview with the person
filing the complaint and with witnesses. We will also interview the person alleged
to have committed harassment.
When we have completed our investigation, we will, to the extent appropriate,
inform the person filing the complaint, and the person alleged to have
committed the conduct, of the results of that investigation. If it is determined that
inappropriate conduct has occurred, we will take appropriate remedial action.
In addition to Express’ internal complaint procedure, an associate may also
pursue a complaint of harassment/discrimination by contacting the federal Equal
Employment Opportunity Commission (EEOC) or the California Department
of Fair Employment and Housing (DFEH). The nearest office is listed in the
telephone book or online.
The DFEH can be reached at (800) 884-1684; or for the hearing impaired, (TTY)
(800) 700-2320. You may also visit the department’s website at dfeh.ca.gov.
The EEOC can be reached at (800) 669-4000; or for the hearing impaired, (800)
669-6820. EEOC field office information is available at eeoc.gov.
Training
Express will provide supervisory employees with at least two hours of classroom
or other interactive training and education regarding sexual harassment within six
months of obtaining a supervisory position and at least once every two years.
Non-Retaliation
Express strictly prohibits retaliation in any way against anyone who has lodged
a harassment complaint, has expressed a concern about harassment, including
sexual harassment, or has participated in a harassment investigation. Therefore,
the initiation of a complaint, in good faith, shall not under any circumstances
be grounds for discipline. It is a violation of Express policy for an individual to
be disciplined or otherwise disadvantaged because of a good faith resort to
the procedures in this policy for reporting sexual or other unlawful harassment.
Persons engaging in any form of retaliation will be subject to disciplinary action,
up to and including termination.
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you of the time and duration of your breaks and you are expected to return to
work promptly at the end of any rest break.
Express encourages, authorizes, and permits non-exempt associates who
work more than three and one-half hours in a day to take a paid rest break of
10 minutes for every four (4) hours you work (or major fraction thereof, which is
defined as two [2] hours). If you work more than six (6) hours and up to 10 hours
in a workday, you will receive one (1) rest break during the first half of your shift
and one (1) rest break during the second half of your shift. If you work more than
10 hours and up to 14 hours, you will be entitled to an additional paid 10-minute
rest break. Associates should take their rest breaks halfway through any four-
hour period. Breaks should be coordinated with your worksite supervisor.
Associates may not: (a) combine rest periods with meal periods; (b) waive a
rest period under any circumstance; or (c) use a rest period at the beginning of
their shift to delay their arrival time or at the end of their shift to expedite their
departure time.
Meal Breaks: If you work more than five (5) hours in a workday, you are provided
with an uninterrupted, unpaid meal period of at least 30 minutes to be taken
before the end of your 5th hour of work. If you work more than 10 hours, you are
entitled to a second, uninterrupted, unpaid meal period of at least 30 minutes.
Depending on the circumstances, you may be able to waive your second meal
period if you took the first one. You must clock out for your meal period. Your
worksite supervisor will advise you of the scheduling of your meal period. You
must not perform any work during your meal period, and you must stop working
for at least 30 full, consecutive minutes.
All rest breaks and meal periods must be taken away from the regular work area.
You may leave the premises for your meal periods. Failure to return to work on
time at the end of your lunch period may result in an unexcused absence. If for
any reason you do not take the applicable rest breaks and/or meal periods, you
must notify your supervisor immediately.
Express schedules all work assignments with the expectation that associates
will take their duty-free meal period, and we encourage you to do so. Associates
may not waive meal or rest periods to shorten their work day or accumulate
meal or rest periods for any other purpose. Express may ask associates
to confirm in writing that they have been relieved of all duty and otherwise
provided all their daily meal periods during the pertinent pay period, or in the
alternative, identify any meal periods they missed. At no time may any associate
perform off-the-clock work or otherwise alter or manipulate any aspect of their
timekeeping records to inaccurately reflect or hide meal periods or time spent
working during meal periods.
No manager or supervisor is authorized to instruct an associate how to spend
their personal time during a meal period. Associates should immediately report
a manager’s or supervisor’s instruction to skip or work during a meal period to
their Express Employment Specialist or Express office. Associates may waive,
if the client agrees, their meal periods under the following circumstances. If an
associate will complete his or her work day in six (6) hours, the associate may
waive the meal period. Associates who work more than 10 hours in a day may
waive the second meal period only if they take the first meal period and do not
work more than 12 hours that day. When an associate chooses to waive a meal
period, they must submit a written request and receive prior written authorization
from the supervisor.
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Workplace Violence Policy
Express associates have the right to perform their duties in a safe and
comfortable atmosphere, free from violence. Express will take every reasonable
precaution to protect its associates. Acts considered to be in violation of
Express policy include, but are not limited to:
• Threats
• Intimidation
• Abuse (verbal and/or physical)
• Inappropriate gestures or remarks
• Inappropriate physical contact
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• Possessing weapons in restricted areas or possessing explosives, or
provoking, instigating or taking part in a fight, or threatening others
• Insubordination, unprofessional conduct, dishonesty, or poor performance of
job duties
• Inappropriate use of client computer facilities or networks
• Inappropriate cell phone usage during work hours
1. Follow instructions and don’t take chances. If you don’t understand the job,
ask your worksite supervisor for further instructions and guidance.
2. Report unsafe conditions immediately to your worksite supervisor and your
Express Employment Specialist.
3. Use equipment only after training by your supervisor, and never fix a
problem without telling your supervisor and performing lockout/tagout.
4. If your assignment is to operate a vehicle or forklift, you should have site-
specific training from the client before operating on your own.
5. If you work with hazardous chemicals, the client should train you on the
specific hazards of the chemicals, labeling, and the location of Safety Data
Sheets addressing hazards and controls for chemicals.
6. Wear the appropriate personal protective equipment (PPE) for the job as
required by the worksite. For example, safety glasses, safety toe boots,
gloves, and hearing protection.
7. Lifting is limited to 50 pounds per associate. Get help with loads over 50
pounds or use mechanical devices provided.
8. Maintain good housekeeping throughout the work area.
9. Horseplay on the job is not permitted.
10. Only do the job you were assigned. If asked to work a different job or
department, politely ask to verify this with Express.
11. Avoid job activities that involve:
• Live electrical wires
• Explosives or hazardous chemicals
• Confined spaces
• Trenching or excavations below four feet
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• Roofing/Scaffolding
• Working over six feet off the ground
12. Report any on-the-job injury you sustain to your worksite supervisor and
Express Employment Specialist immediately.
Emergency Procedures
Your assigned worksite should have a written Emergency Action Plan (EAP).
Make sure you read and understand the plan as it relates to your work area. It
should include information about escape routes to outside exits.
Hazard Communication
• You may be assigned a job that requires being around hazardous chemicals.
The OSHA Hazard Communication Standard, or HAZCOM Standard, requires
that you be given information and training about how to protect yourself.
• Safety Data Sheets (SDSs): At the client site, you should be told the kind
of chemicals you may come into contact with. The client should give you
access to safety data sheets that identify the chemicals and their hazardous
components, state how to safely handle the chemicals, what personal
protective equipment (PPE) to wear, and what first aid measures to use,
provide an emergency phone number in case of an accident, and include
other information related to safe use and storage.
• Labels: The HAZCOM Standard also requires that clear and accurate labels
mark the containers of chemicals. These labels provide hazard information and
pictograms that reference the type of threat associated with that chemical.
• Training: If the client has you working with hazardous chemicals, the client
should provide you training about how to work with the chemicals, what
safety measures and personal protective equipment to use, how to access
the safety data sheets, and on the labeling used within the facility.
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Safety – Industrial Environment Hazard Communication
You have a “Right to Know” about chemical hazards in the workplace. Your
worksite supervisor should provide information about chemicals in the work
area. Take the following precautions:
• Read labels and Safety Data Sheets.
• Know where to find chemical information.
• Follow supervisor instructions and warnings.
• Use the correct protective clothing and equipment.
• Know emergency procedures.
Forklifts
Only trained personnel should be allowed to operate industrial trucks. Lift truck
operating rules and safety procedures are provided by the client company. You
should know the following:
• Do not drive up to anyone standing in front of a fixed object.
• Do not allow anyone to stand or pass under the elevated portion of any
truck, whether loaded or empty.
• Do not permit unauthorized personnel to ride on powered trucks.
• Do not place your arms or legs between the uprights of the mast or outside
the running lines of the truck.
• When unattended, the load-engaging means (e.g. the forks) shall be fully
lowered, controls neutralized, power shut off, and brakes set. Set brakes and
wheel blocks to prevent the movement of the truck.
• Maintain a safe distance from the edge of ramps or platforms on any
elevated dock, or platform on a freight car. Do not use trucks to open or
close freight doors.
• Use only approved industrial trucks in hazardous locations.
• Maintain a safe distance, approximately three truck lengths from the truck
ahead, and keep the truck under control always.
• All traffic regulations shall be observed, including authorized speed limits.
Follow the client company’s rules and regulations. Ask for instructions from
your worksite supervisor if needed.
Lockout/Tagout
Lockout/tagout is a method of keeping equipment from being set in motion and
endangering workers. Each client company will have their own program. Your
worksite supervisor will instruct you on their policy. Do not remove any lockout/
tagout devices without specific directions.
Machine Guarding
You may be assigned to a job working with moving parts of machinery. If so,
you need to understand the client company’s machine guarding policy. Use the
following to protect yourself:
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• Make sure guards or shields are in place before using machinery.
• Don’t wear rings, watches, or bracelets to work.
• Be alert for the unexpected. Think ahead and realize what you’re telling your
wrists, hands, and fingers to do.
• Use the right personal protective equipment (PPE) for the job, including
gloves, hand pads, barrier creams, etc.
• Follow procedures for operating and maintaining equipment. Never bypass
safety features or take a “short-cut.”
• Notify your worksite supervisor if guards are missing/broken or the machine
is not working properly.
Safety – Driving
Safety must come before all other concerns. If your job responsibilities include
regular or occasional driving, refrain from using any type of cell phone or other
cellular device while driving including making or receiving calls, texting, or emailing.
Regardless of circumstances, including slow or stopped traffic, you must pull off to
the side of the road and safely stop the vehicle before placing or accepting a call or
sending or reading messages, unless a hands-free device is used.
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Safety – Office Environment Office Ergonomics
The office environment should be designed to accommodate the individual in a
safe and productive manner. The following recommendations will help control
office ergonomic hazards.
Wellness
• Perform periodic stretching and relaxation exercises.
Office Housekeeping
Offices are always to be kept neat. To help prevent accidents, adhere to the
following guidelines:
• Prevent accumulation of paper, boxes, or other flammable materials on your
desk or floor area.
• Immediately report any slip, trip, or fall hazards.
• Safely store and use scissors, pins, or other sharp items.
• Keep storage areas clean and orderly.
• Place used cleaning waste or rags in a closed metal container.
Security
To protect the company and employees, certain security restrictions may be in
place at the client company to which you are assigned. Follow their rules and
regulations. The client company’s plan may include the following topics:
• Access restrictions
• Identification (badges/cards)
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• Computer access
• Reception areas/visitor procedures
• Parking issues
• Patrols/guards
• Anti-theft practices
Office Equipment
Offices provide the use of and exposure to small appliances, equipment, and
furniture. The following recommendations should be observed unless the client
company advises you differently:
• Items such as hot plates, toasters, coffee mug warmers, and any other type
of small appliances are not allowed in offices, cubicles, or department sink/
coffee areas.
• Only coffee makers, fans, and space heaters provided by the company are
allowed. These should only be turned on and in use during office hours when
employees need them.
• Never open more than one cabinet drawer at a time, and close drawer
immediately after use.
• Do not place machine cords in walking areas.
• Turn off all electrical machines or heat producing elements when not in use.
• Be sure furniture and fixtures are free of splinters or sharp edges.
Your Rights under the Family and Medical Leave Act (FMLA)
Eligibility Requirements
Associates are eligible if they have worked for a covered employer for at
least one year, for 1,250 hours over the previous 12 months, and if at least 50
employees are employed by the employer within 75 miles.
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time with the covered service member, and attending post deployment
reintegration briefings.
FMLA includes a special leave entitlement that permits eligible associates to
take up to 26 weeks of leave to care for a covered service member during a
single 12-month period. A covered service member is (1) 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 service member medically unfit to perform his or her duties
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 or (2) a veteran who was discharged or released under conditions other
than dishonorable at any time during the five (5) years prior to the first date the
eligible associate takes FMLA leave to care for the veteran who is undergoing
medical treatment, recuperation or therapy for a serious injury or illness.
Duration of Leave
For FMLA other than leave to care for a covered service member, an eligible
associate is entitled to a total of 12 workweeks of leave in a single 12-month
period. For purposes of FMLA other than leave to care for a covered service
member, the “single 12-month period” is the 12-month period measured
forward from the first date of FMLA leave other than leave to care for a
covered service member.
For leave to care for a covered service member, eligible associates are entitled to
up to 26 workweeks of leave in a single 12-month period. For purposes of leave to
care for a covered service member, the “single 12-month period” is the 12-month
period measured forward from the first date of Military Caregiver Leave.
An eligible associate is entitled to a combined total of 26 workweeks of leave
for all FMLA qualifying reasons during the single 12-month period described
above. For example, if an associate takes 10 weeks of FMLA leave due to
the associate’s own serious health condition, the associate may take only
16 weeks of leave to care for a covered service member during that same
12-month period.
Subject to the limitations described above, when spouses are both employed
at Express and are both eligible for leave under this policy, the spouses will be
permitted to take only (1) a combined total of 12 weeks for leave other than leave
to care for a covered service member; and (2) a combined total of 26 weeks in a
single 12-month period for leave to care for a covered service member.
During FMLA leave, the employer must maintain the associate’s health coverage
under any “group health plan” on the same terms as if the associate had
continued to work. Upon return from FMLA leave, most associates will be
restored to the assignment on which they were working at the time the FMLA
leave started or equivalent positions with equivalent pay, benefits, and other
employment terms if an assignment is available. Use of FMLA leave cannot
result in the loss of any employment benefit that accrued prior to the start of an
associate’s leave.
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or continuing treatment by a health care provider for a condition that either
prevents the associate from performing the functions of the associate’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 three 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
Other than leave with the birth, adoption or foster placement of a child, an
associate 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.
Associates 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 events may also be taken on an intermittent basis.
Associate Responsibilities
An associate must provide a 30-day advance notice of the need to take FMLA
leave when the need is foreseeable. When a 30-day notice is not possible,
the associate must provide notice as soon as practical and generally must
comply with an employer’s normal call-in procedures. Associates 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 associate 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. Associates also
must inform the employer if the requested leave is for a reason for which FMLA
leave was previously taken or certified. Associates also may be required to
certify the need for leave. Associates should not provide genetic information to
Express when submitting any FMLA certification form.
Employer Responsibilities
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Unlawful Acts by Employers
Enforcement
An associate may file a complaint with the U.S. Department of Labor or may bring
a private lawsuit against an employer. FMLA does not affect any federal or state
law prohibiting discrimination, or supersede any local or state law, or collective
bargaining agreement which provides greater family or medical leave rights.
Additionally, under FMLA, associates may be eligible for 12 weeks of leave per
rolling 12-month period for a qualifying event relating to a close family member’s
military service, and up to 26 weeks of leave per rolling 12-month period to care
for an ill or injured service member, as noted above.
Even if you are not eligible for FMLA/CFRA leave, if disabled by pregnancy,
childbirth, or related medical conditions, you are entitled to take a pregnancy
disability leave of up to four months, depending on your period(s) of actual
disability. If you are FMLA/CFRA-eligible, you may be eligible to take both a
pregnancy disability leave and a FMLA/CFRA leave based on the birth of your
child. Upon returning from FMLA/CFRA leave, you will in most circumstances
be restored to the position you held when your leave began or to an equivalent
position with equivalent pay, benefits, and other employment terms and
conditions. However, you will have no greater right to job return than if you had
been actively working.
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Except in cases of emergency, you must provide Express with advance-notice
that you require a leave or other accommodation related to your pregnancy.
If the need for leave is foreseeable, you must provide notice at least 30 days
before the leave is to begin. If 30 days’ advance-notice is not possible, you
must notify Express as soon as you can. Express will respond to your request
after it has enough information to determine whether your leave should be
designated as FMLA leave, CFRA leave, or both. If your leave is designated
as FMLA leave or both FMLA and CFRA leave, Express will respond to your
request within five business days of such determination. If your leave is
designated as CFRA leave only, Express will respond to your request within
10 calendar days of such determination. If Express does not have sufficient
information to determine how your leave should be designated, we will notify
you and request additional information.
You must provide medical certification from your health care provider before
Express will grant FMLA/CFRA leave for your serious health condition or to
care for a family member suffering from a serious health condition. Medical
certification is not required if the purpose of the leave is to bond with a newborn,
adopted child, or child placed in foster care with you.
The medical certification for your serious health condition should include: (1) the
date the serious health condition came into existence; (2) the probable duration
of the condition; and (3) a statement that, due to the health condition you
are either unable to work at all or to perform any one or more of the essential
functions of your position.
The medical certification for a family member’s serious health condition should
include: (1) the date the serious health condition came into existence; (2) an
estimate of the amount of time the health care provider believes the employee
will need to care for the family member; and (3) a statement that the family
member’s health condition warrants participation of the employee. You are not
required to identify the serious health condition from which you or your family
member is suffering.
Upon returning from FMLA/CFRA leave, any benefits that you were not eligible
to participate in during such leave will resume at the same manner and at the
same level as you received when your leave began. If you want more information
regarding your eligibility for a leave and/or the impact of the leave on your
seniority and benefits.
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• Time Off – Pregnancy Disability Leave
• Time Off – Paid Sick Leave
• Time Off – Volunteer Firefighters/Reserve Peace Officers/Emergency
Rescue Personnel
• Time Off – Parents’ School or Day Care Activities
• Time Off – Adult Literacy
• Time Off – Domestic Violence or Sexual Assault Victims
• Time Off – Crime Victims and Family Members of Crime Victims
• Time Off – Family Members of Military Personnel
• Time Off – Rehabilitation
• Time Off – Bone Marrow and Organ Donation Protection Act
21
FOR YOUR
BENEFIT:
California’s
Programs for the
Unemployed
Unemployment Insurance
Disability Insurance
Paid Family Leave
Workforce Services
To be eligible for UI benefits, you must have earned enough wages during
the base period to establish a claim, and be:
• Totally or partially unemployed.
• Unemployed through no fault of your own.
• Physically able to work.
• Available for work.
• Ready and willing to accept work immediately.
• Actively looking for work.
When to File
You may apply for benefits as soon as you are unemployed or your work
hours are reduced. Your claim will begin on the Sunday of the week in
which you file your claim.
All claims have a one-week, unpaid waiting period. The waiting period
does not begin until you file a claim, certify for benefits, and meet all
eligibility requirements.
Warning
Making a false statement or withholding information to receive benefits can
be a felony. Penalties may include fines, a loss of benefits, and/or criminal
prosecution. See additional information on fraud and penalties on Page 12.
Employer Notification
Your last employer is notified when you file a UI claim. Although your
eligibility is determined by the EDD, employers fund the UI program
and are required by law to provide any information that may affect your
eligibility to receive benefits.
Types of Claims
The claim you file depends on the type of employer you worked for and
the state(s) where you worked.
You will file a:
• Regular California claim if you only worked in California, even if you
now live outside of California.
• Federal claim if your employment was in civilian work for the federal
government.
• Military claim if you served as a member of the United States Armed
Forces.
• Combined wage claim if you earned wages in California and in at least
one other state during the last 18 months.
• Interstate claim if you now reside in California and only worked in
another state during the last 18 months. File your claim directly with
the other state, the District of Columbia, Puerto Rico, or Canada. If you
worked in the U.S. Virgin Islands, contact the EDD at 1-800-300-5616.
How to File
You may file a UI claim using one of the following methods:
• Online
UI OnlineSM is the fastest and most convenient way to file your UI
claim. Visit UI OnlineSM (edd.ca.gov/UI_Online) to get started.
If you worked in another state during the last 18 months, you may be
eligible to file a new claim in that state.
Base Period
There are two types of base periods used to establish a claim: the standard
base period and the alternate base period.
Payments
Payments are issued after you certify for benefits and continue to meet all
eligibility requirements for every week you claim benefits.
You have an option in how you receive your benefit payments. The EDD
issues benefit payments by the EDD Debit CardSM or by check. The EDD
Debit Card is the fastest and most secure way to receive your benefits.
However, you do not have to accept. Once, your claim is filed, contact the
EDD if you wish to receive your benefits by paper check.
The EDD Debit Card is valid for three years and used for all Disability
Insurance (DI), Paid Family Leave (PFL), and Unemployment Insurance (UI)
benefits.
If you have an EDD Debit Card from a previous DI, PFL, or UI claim that
is still valid, you will not be mailed a new card until the card has expired.
If you need a replacement card, contact Bank of America EDD Debit Card
Customer service by calling 1-866-692-9374 or 1-866-656-5913.
For more information, visit Bank of America, EDD Debit Card online
(bankofamerica.com/EDDCard).
Report Earnings
You are required to report all work, wages, and other income to the EDD
during the week they were earned, not when you receive your pay. Failure
to properly report your earnings can result in overpayments and penalties.
Types of income to report:
• Piece work • Vacation pay
• Idle time pay • In-lieu-of-notice pay
• Jury fees • Bonuses
• Commissions • Tips
• Witness fees • Self-employment income
• Reuse pay • Strike benefits/picket pay
• Holiday pay • Standby pay
• Holding fees • Bereavement
• Residuals • Back-pay
• Awards • Paid sick leave
• Workers’ Compensation pension, retirement, annuity
Note: You must report board, lodging, meals, or any other payment you
receive instead of money when you work. If you are unsure about
how to report wages, contact the EDD.
Your weekly benefit amount is $50. You earn $30. You must report the $30;
however, the first $25 is not counted, leaving $5 to deduct from your weekly
benefit amount. You would receive $45 ($50 minus $5) in UI benefits.
Example 2:
Your weekly benefit amount is $400. You earn $200. You must report $200;
however, the first 25 percent ($50) is not counted, leaving $150 to deduct
from your weekly benefit amount. You would receive $250 ($400 minus
$150) in UI benefits.
Appeals Process
If you’re denied UI benefits, you have the legal right to appeal the decision
by completing and mailing the Appeal Form (DE 1000M). To be considered
timely, it must be mailed within 30 calendar days from the mailing date of
the Notice of Determination (DE 1080CZ). If you miss the 30-day deadline,
you may still appeal, but you must show good cause for the delay.
Your appeal will be heard by an independent administrative law judge.
Hearings are informal, but all testimony is taken under oath and is subject
to cross-examination. The office of appeal will notify you of when and
where the hearing will be held.
Before the hearing, you have the right to review all records affecting your
appeal. Those records are provided by California Unemployment Insurance
Appeals Board (CUIAB). You can request records from the EDD to prepare
for your hearing.
At the hearing, you may be represented by yourself, a union official,
an attorney, or anyone else you select. You may bring any relevant
documentation you may have to support your case.
After the hearing, you are mailed the administrative law judge’s decision. If
you’re not satisfied, you may submit a second level appeal to the CUIAB.
Cancelling a Claim
You may cancel a claim if you meet all of the following criteria:
• No benefits have been paid.
• You’re not disqualified for benefits due to an eligibility issue.
• An overpayment has not been established on the claim.
• You notify the EDD before the 52-week benefit year ends.
Once a claim is canceled, it cannot be re-established with the same
beginning date. You must file a new claim, which will have a later
beginning date.
Elective Coverage
Under certain conditions, employers of the individuals whose services are
not covered may elect to cover those services. If you’re not sure whether
you’re eligible for these benefits, contact the EDD.
Special Programs
California Training Benefits (CTB)
If you’re attending school or training while receiving UI benefits, you may
qualify for CTB.
If eligible, you can further your education, upgrade your skills, and/or learn
a new trade while attending an EDD-approved training or school program
to be more competitive in today’s labor market.
Extended Benefits
Extended benefits are available to workers who have exhausted regular
unemployment insurance benefits when the unemployment rate equals
or exceeds a certain percentage established by state and/or federal law or
when the federal government approves special extended benefit legislation.
If the EDD suspects that there may be identity issues, you’ll receive a
written request to validate the information provided. We’ll also contact
your former employer(s) and governmental entities to verify the documents
and any information you supply.
For more information, download the Protect Your Identity and Stop
Unemployment Insurance Imposter Fraud (DE 2360EE) (PDF) brochure
(edd.ca.gov/pdf_pub_ctr/de2360ee.pdf).
To report UI fraud, visit Ask EDD (askedd.edd.ca.gov) and select Report
Fraud to submit a Fraud Reporting Form online, or call the EDD toll-free
fraud hotline at 1-800-229-6297.
Penalties
Making a false statement or withholding information to receive benefits
can be a felony. Penalties may include a loss of benefits, a false statement
disqualification, and/or criminal prosecution.
A false statement disqualification denies benefits from 2 to 23 weeks.
The disqualification stays on your record for three years or until served,
whichever comes first. To serve false statement weeks, you must continue
to certify for UI benefits, and meet all other eligibility requirements. You
will not be paid during this time.
Benefit Audits
The EDD conducts audits by cross-referencing employer information with
UI claim information to determine if a claimant properly reported all
work, wages and other income to the EDD while collecting for UI benefits.
Overpayments and penalties collected from these audits ensure the
solvency of the UI Trust Fund and help reduce UI taxes.
DE 2320 Rev. 64 (11-19) (INTERNET) Page 12 of 19
Social Security Number Verification
The EDD may require you to verify your Social Security number (SSN) as
issued to you by the Social Security Administration (SSA).
Your eligibility for benefits may be affected if:
• The SSN provided is assigned to a different name or belongs to
another individual.
• The SSN is not valid.
• The SSN was never issued by the SSA.
• The wages in the base period belong to another individual.
• The date of birth at the SSA is different than the date of birth you
gave when you filed your claim.
If the EDD requires you to verify your SSN, you may be asked to submit a
complete copy of your Annual Social Security Statement. To obtain a copy
of your complete Social Security Statement visit the SSA online (ssa.gov).
A copy of your Social Security card will not satisfy this requirement.
Exceptions:
• Employees of local public entities (except workers in district
hospitals) are not covered by SDI unless the employer elects such
coverage.
• Employees of the state or state-funded institutions of higher
education may, through their collective bargaining units, elect to be
covered by SDI.
• Self-employed individuals may elect to be covered by SDI.
Workforce Services
The EDD provides a range of employment and training services in
partnership with state and local agencies and organizations, through the
America’s Job Center of CaliforniaSM (AJCC). These services benefit job
seekers and employers at no cost.
Through the AJCC, the EDD provides job seekers with job search and
résumé workshops, interview techniques, job fairs and referrals, training,
and much more. Employers can use our series to help recruit candidates
for open positions, train current employees, and organize job fairs and
workshops. For more information, find your nearest AJCC by using the
online Office Locator (edd.ca.gov/Office_Locator).
CalJOBSSM
CalJOBS is California’s online resource to help job seekers and employers
navigate the EDD’s workforce services. The system allows users to easily
search for jobs, build résumés, access career resources, find qualified
candidates for employment, and gather information on education and
training programs.
For more information on the programs and services listed above, visit Jobs
and Training online (edd.ca.gov/Jobs_and_Training).
Phone
All of our phone numbers are toll free. For relay service, provide one of the
numbers below to the operator.
Unemployment Insurance
EDD staff are available Monday through Friday between 8 a.m. and
12 noon (Pacific Time), except on state holidays.
English 1-800-300-5616
Spanish 1-800-326-8937
Cantonese 1-800-547-3506
Mandarin 1-866-303-0706
Vietnamese 1-800-547-2058
TTY 1-800-815-9387
Disability Insurance
EDD staff are available Monday through Friday between 8 a.m. and 5 p.m.
(Pacific Time), except on state holidays.
English 1-800-480-3287
Spanish 1-866-658-8846
TTY 1-800-563-2441
Paid Family Leave
EDD staff are available Monday through Friday between 8 a.m. and 5 p.m.
(Pacific Time), except on state holidays.
English 1-877-238-4373
Spanish 1-877-379-3819
Armenian 1-866-627-1567
Cantonese 1-866-692-5595
Punjabi 1-866-627-1568
Tagalog 1-866-627-1569
Vietnamese 1-866-692-5596
TTY 1-800-445-1312
DE 2320 Rev. 64 (11-19) (INTERNET) Page 19 of 19
STATE OF CALIFORNIA
This For Your Benefit: California’s Programs for the Unemployed (DE 2320)
publication can be viewed, printed, and ordered online by visiting
Online Forms and Publications (forms.edd.ca.gov/forms).
The EDD is an equal opportunity employer/program. Auxiliary aids and services are available
upon request to individuals with disabilities. Requests for services, aids, and/or alternate formats
need to be made by calling the information numbers listed in this book.
Disclaimer: If you opted out of receiving paper forms, it may still be necessary for the EDD to
send some documents via U.S. mail.
s "E COVERED BY 3TATE $ISABILITY )NSURANCE &OR CAREGIVING CLAIMS YOU MUST PROVIDE MEDICAL
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)NSURANCE SERIOUS HEALTH CONDITION AND REQUIRES YOUR CARE
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DEPARTMENT TO CONfirM YOUR EMPLOYERS $ISABILITY )NSURANCE BENEfiTS IT IS NOT NECESSARY TO
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ESTIMATE YOUR BENEfiT YOUR COMPANYS POLICY
through Saturday from 7:00 AM – 8:00 PM (Pacific California Legislature. Temporary disability benefits are impairment benefits under specific circumstances. This Claims Administrator:
standard time). The MAA will contact the physician during payable within 14 days of the date of injury or knowledge fund is administered by the Division of Workers
Sedgwick Claims Management Services, Inc.
normal business hours to schedule your appointment. The of the injury. Subsequent payments are due every 14 days. Compensation. Your examiner can assist in directing you
MAA does not have authority to authorize treatment and For injuries occurring on or after 1/1/08, no more than 104 to the correct resource to determine eligibility.
maintains different duties than the claims examiner. weeks of temporary disability are payable within 5 years Address: P.O. Box 14573 _____________________________
from the date of injury. For longer term conditions Death Benefits:
Sedgwick Medical Access Assistant:
(hepatitis B &C, amputations, severe burns, HIV, high City: Lexington __ State: __KY_____Zip: 40512-4573_______
velocity eye injuries, chemical burns to the eyes, Death benefits are paid to dependents of a worker who
Phone: 1-87-SEDGWICK or 1-877-334-9425
pulmonary fibrosis, and chronic lung disease) no more dies from a work-related injury or illness. The benefit is
Phone: 800-597-7677 ________________________________
than 240 weeks within five years from the date of injury calculated and paid in the same manner as temporary
Current MPN toll free number: 800-625-6588
are payable. You may be eligible for state disability disability. This benefit is paid at a minimum rate of $224
per week. The death benefit rates are set by state law and The employer is insured for workers’ compensation by:
MPN Website: www.sedgwickproviders.com/EPS benefits from the Employment Development Department AIG
(EDD) if TD benefits are stopped, delayed, or denied. There the amount depends upon the number of dependents. If
x Select method of search: physician name, dependent minor children are involved, death benefits are _______________________________________________
address search, or region search are time limits so contact EDD for more information.
payable at least until the youngest child reaches majority
x Input the state and zip code information age. Burial expenses are also provided under this benefit. How do I locate information regarding my employer’s
x Click “Find Provider” Permanent Disability (PD) Benefits: current workers’ compensation carrier?
You may be entitled to payments if your physician says Report Your Injury:
Current MPN Address: your injury has limited your ability to work. The permanent For information regarding your employer’s workers’
disability rate is calculated by multiplying your average Report the injury immediately to your supervisor or to: compensation carrier, please visit the below website.
Sedgwick CMS
10690 White Rock Road Suite 100 weekly wage by two thirds, subject to statutory minimums
and maximums. The amount of permanent disability or Employer representative: ___________________________ https://www.caworkcompcoverage.com
Rancho Cordova, CA 95670
MPN Effective Date: ___07/01/2016_______________ impairment may depend on your doctor’s opinion, as well
as your age, occupation type of injury and date of injury. If
Phone number: ___________________________________ If the workers’ compensation policy has expired, contact
you have permanent disability or your claims examiner a Labor Commissioner at the Division of Labor Standards
What if my employer does not have a Medical Provider
suspects you have permanent disability, a letter will be Enforcement - their number can be found in your local
Network? Don't delay. There are time limits. If you wait too long, you
sent to you explaining your benefits, including the White Pages under California State Government,
If your employer does not have a Medical Provider estimate or total value of permanent disability, weekly may lose your right to benefits. Your employer is required Department of Industrial Relations.
Network, you may be able to change your treating payment amount, how the benefit was calculated, and all to provide you a claim form within one working day after
physician to your personal chiropractor or acupuncturist of your related rights under the California Labor Code, learning about your injury. Within one working day after You can get free information from a State Division of
following a work-related injury or illness within 30 days of including your right to object to the report upon which the you file a claim form, your employer shall authorize the Workers' Compensation Information & Assistance Officer.
reporting your injury. You may use the attached Notice of determination is being based. Permanent Disability provision of all treatment, consistent with the applicable
Personal Chiropractor or Personal Acupuncturist form to benefits are payable within 14 days of the last payment of treating guidelines, for your alleged injury and shall be The nearest Information & Assistance Officer is at:
notify your employer of this change. temporary disability benefits or after you physician liable for up to ten thousand dollars ($10,000) in Please refer to the attached I&A Office directory for the
indicates there is permanent disability. The benefit is treatment until the claim is accepted or rejected. Until the
payable every fourteen days. date the claim is accepted or rejected, liability for medical nearest location.________________________________
Emergency Medical Care:
treatment shall be limited to ten thousand dollars ($
If you need emergency care, call 911 for help immediately 10,000). If your claim is denied, you have the right to Hear recorded information and a list of local offices by
Supplemental Job Displacement Benefit:
from the hospital, ambulance, fire department or police appeal the decision within one year of the date of injury. calling toll-free (800) 736-7401. Learn more online:
department. You may be entitled to a nontransferable voucher payable www.dir.ca.gov.
to a state approved school. To qualify, your injury must Discrimination:
First Aid: result in a permanent impairment and your employer is
False claims and false denials:
unable to offer modified or alternative work within 60 It is illegal for your employer to punish or fire you for
If you need first aid treatment, contact your employer. If days of receipt of a report asserting that all medical having a work injury or illness, for filing a claim, or Any person who makes or causes to be made any
you have more than a simple first aid injury, you will need conditions have reached maximum medical improvement. testifying in another person's workers' compensation case. knowingly false or fraudulent material statement or
to ask your employer for a claim form. If your employer does not offer a modified or alternate job If proven, you may receive lost wages, job reinstatement, material representation for the purpose of obtaining or
within 60 days of determination of maximum medical increased benefits, and costs and expenses up to limits set denying workers' compensation benefits or payments is
Temporary Disability (TD) Benefits: improvement, you may chose to receive a nontransferable by the state. guilty of a felony and may be fined and imprisoned.
You may be entitled to payments if you lose wages while voucher to use at a state accredited school for education-
Your employer may not be liable for the payment of
recovering. Your temporary disability rate is calculated by related retraining or skill replacement. If you qualify for Questions?
workers’ compensation benefits for any injury that arises
the supplemental job displacement benefit, your claims
multiplying your average weekly wage by two thirds. The If you have questions, see your employer or the claims from your voluntary participation in any off-duty
first 3 days of disability are not payable under California examiner will provide a voucher for up to $6,000.00. recreational, social, or athletic activity that is not part of
examiner who handles workers' compensation claims for
law unless there is hospitalization at the time of injury or your employer. your work-related duties.
the disability exceeds 14 days. If your physician returns Return to Work Fund
you to work on a modified basis, you may be entitled to If your injury results in permanent impairment and it is
wage loss. This is generally calculated by multiplying the determined that the amount awarded is
difference between your average weekly wage and your disproportionately low in comparison to your loss of
earnings during modified duties times two thirds. This is earnings, you may be entitled to additional compensation.
subject to the benefit minimums and maximums set by the A fund was established to supplement permanent
© Sedgwick 2014 MH SB863 Update v.1 © Sedgwick 2014 MH SB863 Update v.1
TheLaborCommissioner’sOffice
EMPLOYERSMUSTPROVIDETHISINFORMATIONTONEWWORKERS
WHENHIREDANDTOOTHERWORKERSWHOASKFORIT
You can file a complaint with the Labor Commissioner’s Office against your employer if
he/she retaliates or discriminates against you.
For more information, contact the California Labor Commissioner’s Office. We can help you by phone at 213-897-6595, or
you can find a local office on our website: www.dir.ca.gov/dlse/DistrictOffices.htm. If you do not speak English, we will
provide an interpreter in your language at no cost to you. This Notice explains rights contained in California Labor Code
sections 230 and 230.1. Employers may use this Notice or one substantially similar in content and clarity.
LaborCommissioner’sOfficeVictimsofDomesticViolence,SexualAssaultandStalkingNotice5/2017
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