General Employment Policies
Introductory Statement
Harassment Discrimination and Retaliation Prevention
Confirmation of Harassment Discrimination and Retaliation Prevention Policy
At-Will Employment Status
Right to Revise
Diversity, Equity and Inclusion
Hiring
Full-Time Employees
Inactive Status
Job Duties
Job Sharing
New Hires
Part-Time Employees
Regular Employees
Time Off and Leaves of Absence
Bereavement Leave
Reproductive Loss Leave
Victim’s Leave and Accommodation
Victim’s Leave for Treatment
CFRA
Military Leave
Military Spouse Leave
Organ and Bone Marrow Donor Leave
Pregnancy Disability Leave Five or More Employees
School Appearances Involving Suspension
Time Off for Voting
Criminal Judicial Proceedings and Victims’ Rights Leave
Volunteer Civil Service Personnel
Benefits
Lactation Accommodation
Workers’ Compensation
Management
Workplace Privacy – Audio/Video Recordings
Company Property
Guests and Visitors
Housekeeping
Off-Duty Use of Facilities
Smoking
Solicitation and Distribution of Literature
Employee Conduct
Conducting Personal Business
Customer Relations
Drug and Alcohol Abuse
Use of Personal Devices
Prohibited Conduct
Punctuality and Attendance
Wages
Advances
Reporting-Time Pay
Meal and Rest Periods
Timekeeping and Off-the-Clock Work
Safety and Health
Health and Safety
Heat Illness
Recreational Activities and Programs
Workplace Violence Prevention
Zero Tolerance Policy
Prohibited Conduct
Reporting Workplace Violence Concerns and Incidents
Workplace Violence Prevention Plan
Termination
Involuntary Termination and Progressive Discipline
Voluntary Resignation
Introductory Statement
Welcome! As an employee of La Mirage Inn Hollywood (the company), you are an important member of our team. We hope that you find your position with us rewarding, challenging and productive, and we look to you and the other employees to contribute to our company’s success.
This employee handbook is intended to explain the terms and conditions of employment of all full- and part-time employees and supervisors, and summarizes the policies and practices in effect at the time of publication.*
This handbook supersedes all previously issued handbooks and any policy or benefit statements or memoranda that are inconsistent with the policies described here.
*In addition to the policies covered in this handbook, La Mirage Inn Hollywood also maintains and incorporates by reference, separate policies and procedures addressing COVID-19 in the workplace.
Please take the time to review the policies in this handbook, as well as La Mirage Inn Hollywood’s COVID-19 policies and procedures. Your supervisor or manager will be happy to answer any questions you may have. Again, welcome!
Harassment Discrimination and Retaliation Prevention
La Mirage Inn Hollywood is an equal opportunity employer. La Mirage Inn Hollywood is committed to providing a work environment free of harassment, discrimination, retaliation, and disrespectful or other unprofessional conduct based on:
• Race (including traits associated with race, such as hair texture and protective hairstyles);
• Religion (including religious dress and grooming practices);
• Color;
• Sex/gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sex stereotype, gender identity/gender expression/transgender (including whether or not you are transitioning or have transitioned) and sexual orientation;
• National origin;
• Ancestry;
• Physical or mental disability;
• Medical condition;
• Genetic information/characteristics;
• Marital status/registered domestic partner status;
• Age (40 and over);
• Sexual orientation;
• Reproductive health decision-making;
• Military or veteran status;
• Use of cannabis/marijuana off the job and away from the workplace; and
• Any other basis protected by federal, state or local law or ordinance or regulation.
La Mirage Inn Hollywood also prohibits discrimination, harassment, and disrespectful or unprofessional conduct based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics.
In addition, the company prohibits retaliation against individuals who raise complaints of discrimination or harassment or who participate in workplace investigations.
All such conduct violates Company policy.
Harassment Prevention
The company’s policy prohibiting harassment applies to all persons involved in company operations, and prohibits harassment and disrespectful or unprofessional conduct by any employee, including supervisors, managers and coworkers. The company’s anti-harassment policy also applies to vendors, customers, independent contractors, unpaid interns, volunteers, persons providing services pursuant to a contract and other persons with whom you come into contact while working. Prohibited harassment and disrespectful or unprofessional conduct includes, but is not limited to:
• Verbal conduct such as epithets, derogatory jokes or comments, and slurs, or unwanted sexual advances, invitations, comments, posts or messages;
• Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures;
• Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis;
• Threats and demands to submit to sexual requests or advances as a condition of continued employment, or to avoid some other loss and offers of employment benefits in return for sexual favors;
• Retaliation for reporting or threatening to report harassment; and
• Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law or by company policy.
Sexual harassment does not need to be motivated by sexual desire to be unlawful or to violate this policy. For example, hostile acts toward an employee because of their gender can amount to sexual harassment, regardless of whether the treatment is motivated by sexual desire.
Prohibited harassment is not just sexual harassment; prohibited harassment is based on any protected category.
Non-Discrimination
This company is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in company operations. The company prohibits unlawful discrimination against any job applicant, employee or unpaid intern by any employee, including supervisors and coworkers.
Pay discrimination between employees of the opposite sex or between employees of another race or ethnicity performing substantially similar work, as defined by the California Fair Pay Act and federal law, is prohibited. Pay differentials may be valid in certain situations defined by law. Employees will not be retaliated against for inquiring about or discussing wages. However, La Mirage Inn Hollywood is not obligated to disclose the wages of other employees.
Anti-Retaliation
The Company will not retaliate against you for filing a complaint or participating in any workplace investigation or complaint process, and will not tolerate or permit retaliation by management, employees or co-workers.
Reasonable Accommodation
Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with disabilities where the accommodation does not pose an undue hardship.
To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, the company will make reasonable accommodations for known physical or mental disabilities of an otherwise qualified applicant or employee unless undue hardship would result.
Any job applicant or employee who requires an accommodation to perform the essential functions of the job should contact Hotel General Manager and discuss the need for an accommodation. The company will engage in an interactive process with the employee to identify possible accommodations, if any, that will help the applicant or employee perform the job.
An applicant, employee or unpaid intern who requires an accommodation for a religious belief or practice (including religious dress and grooming practices, such as religious clothing or hairstyles) should also contact Hotel General Manager and discuss the need for an accommodation. If the accommodation is reasonable and will not impose an undue hardship, the company will make the accommodation.
The company will not retaliate against you for requesting a reasonable accommodation and will not knowingly tolerate or permit retaliation by management, employees or coworkers.
Complaint Process
If you believe that you have been the subject of harassment, discrimination, retaliation or other prohibited conduct, bring your complaint to your supervisor or
• Please contact: Astha Chauhan. Phone Number: (820) 465-3486, or email: akchauhan1101@gmail.com
as soon as possible after the incident. You can bring your complaint to any of these individuals. If you need assistance with your complaint, or if you prefer to make a complaint in person, contact Hotel General Manager. Please provide all known details of the incident or incidents, names of individuals involved and names of any witnesses. It would be best to communicate your complaint in writing, but it is not mandatory.
The company encourages all individuals to report any incidents of harassment, discrimination, retaliation or other prohibited conduct forbidden by this policy immediately so that complaints can be quickly and fairly resolved.
You also should be aware that the Federal Equal Employment Opportunity Commission and the California Civil Rights Department investigate and prosecute complaints of prohibited harassment, discrimination and retaliation in employment. If you think you’ve been harassed, discriminated against or retaliated against for resisting, complaining or participating in an
investigation, you may file a complaint with the appropriate agency. The nearest office can be found by visiting the agency websites at calcivilrights.ca.gov and www.eeoc.gov.
Supervisors must refer all complaints involving harassment, discrimination, retaliation or other prohibited conduct to the company’s Office Manager so the company can try to resolve the complaint.
When the company receives allegations of misconduct, it will immediately undertake a fair, timely, thorough and objective investigation of the allegations in accordance with all legal requirements. The company will reach reasonable conclusions based on the evidence collected.
The company will maintain confidentiality to the extent possible, but we cannot promise complete confidentiality. The employer’s duty to investigate and take corrective action may require the disclosure of information to individuals with a need to know.
Complaints will be:
- Responded to in a timely manner;
- Kept confidential to the extent possible;
- Investigated impartially by qualified personnel in a timely manner;
- Documented and tracked for reasonable progress;
- Given appropriate options for remedial action and resolution; and
- Closed in a timely manner.
If the company determines that harassment, discrimination, retaliation or other prohibited conduct has occurred; appropriate and effective corrective and remedial action will be taken in accordance with the circumstances involved. The company will also will take appropriate action to deter future misconduct.
Any employee determined by the company to have engaged in harassment, discrimination, retaliation or other prohibited conduct will be subject to appropriate disciplinary action, up to, and including termination. Employees should also know that if they engage in unlawful harassment, they can be held personally liable for the misconduct.
Managers, other employees, and any adult employees with direct contact and supervision of minor employees in the workplace are mandated reporters who are trained in child abuse and neglect identification.
Confirmation of Harassment Discrimination and Retaliation Prevention Policy
I have received my copy of the Company’s Harassment, Discrimination and Retaliation Prevention policy. I understand and agree that it is my responsibility to read, sign, and familiarize myself with this policy.
I understand that the Company is committed to providing a work environment that is free from harassment, discrimination and retaliation. My signature certifies that I understand that I must conform to and abide by the rules and requirements described in this policy.
Click here to sign the Company’s Harassment, Discrimination and Retaliation Prevention policy.
At-Will Employment Status
Employees at La Mirage Inn Hollywood are employed on an at-will basis. This means that the employment relationship may be terminated at any time with or without reason or advance notice by either the employee or the company. Nothing in this handbook limits the right to terminate at-will employment.
No employee or representative of the company has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms. Only La Mirage Inn Hollywood has the authority to make any such agreement, which is binding only if it is in writing.
Nothing in this at-will statement is intended to interfere with an employee’s rights to communicate or to work with others to alter the terms and conditions of their employment, such as communications regarding wages, scheduling or other terms of employment.
Right to Revise
This employee handbook contains the employment policies and practices of La Mirage Inn Hollywood in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements or memoranda are superseded.
La Mirage Inn Hollywood reserves the right to revise, modify, delete or add to any and all policies, procedures, work rules or benefits stated in this handbook at any time, except for the policy of at-will employment.
Any written changes to this handbook will be distributed to all employees so that you will be aware of any new policies or procedures. No oral statements or representations can in any way alter the provisions of this handbook.
This handbook contains the entire agreement between you and La Mirage Inn Hollywood as to the duration of employment and the circumstances under which employment may be terminated. Nothing in this employee handbook or any other personnel document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment for any employee.
Nothing in this statement is intended to interfere with your right to communicate or work with others to alter the terms and conditions of your employment, such as communications regarding wages, scheduling or other terms or conditions of employment.
Diversity, Equity and Inclusion
La Mirage Inn Hollywood is committed to fostering a diverse workforce, and maintaining a workplace that is equitable, inclusive and safe for all employees. From recruiting practices, to pay and benefits, promotions, and all other aspects of employment with us, an environment of equity is of the utmost importance.
We not only recognize that you — our employees — comprise a wide range of backgrounds and characteristics, but we also believe those differences should be celebrated and valued. Whether it’s race, religion, gender, national origin, ancestry, color, language, age, marital status, sexual orientation, gender identity, gender expression, physical or mental disability, medical condition, genetic information/characteristics, veteran status, political affiliation or any other characteristic, these are parts of each of you that contribute to your experiences as humans, and ultimately to the knowledge and expertise that make you a valuable asset to our company.
La Mirage Inn Hollywood is committed and determined to ensure access, opportunity and advancement for all individuals. We are always looking for ways we can cultivate an inclusive work environment, strengthen our cultural competency, and train our managers and employees to provide opportunities for growth and development.
It is our intention that all our employees, regardless of any particular background or characteristic, are always treated with respect and dignity. Likewise, we expect that as our employees, you treat your coworkers, supervisors and other team members with the same dignity and respect at all times.
Disrespectful, inappropriate behavior or conduct toward others will not be tolerated and may subject an employee to disciplinary action, up to and including termination.
If you feel you have been mistreated, harassed, or discriminated or retaliated against in violation of the company’s Harassment, Discrimination and Retaliation Prevention Policy, please contact Hotel General Manager.
Full-Time Employees
Regular full-time employees are those who are scheduled for and do work 40 hours per week. Regular full-time employees are eligible for most employee benefits described in this handbook. Benefit eligibility may depend on length of continuous service. Benefit eligibility requirements may also be imposed by the plans themselves or by law.
Inactive Status
Employees who are on any type of leave of absence, work-related or non-work-related, that exceeds any protected state, federal or local leave of absence will be placed on inactive status.
Health Benefits Extension
Unless a health benefits extension is covered by state or federal law, benefits will terminate according to our insurance carrier’s policy. Employees on inactive status may be eligible under the Consolidated Omnibus Budget Reconciliation Act (COBRA) or the California Continuation Benefits Replacement Act (Cal-COBRA) to elect to continue their health care coverage at the employee’s expense.
Contact Hotel General Manager for more information.
Job Duties
During the introductory period, your supervisor will explain your job responsibilities and the performance standards expected of you. Please keep in mind that your job responsibilities may change at any time during your employment. From time to time, you may be asked to work on special projects, or to assist with other work necessary or important to the operation of your department or La Mirage Inn Hollywood Your cooperation and assistance in performing such additional work is expected.
La Mirage Inn Hollywood reserves the right, at any time, with or without notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities.
Job Sharing
Job-sharing is defined as two part-time employees assigned to share the duties and responsibilities of a full-time job position. La Mirage Inn Hollywood will support job sharing where reasonable and practical and where Company operational and business needs will not be negatively affected. In order for job sharing to work, the two individuals work as a team to accomplish one full-time position’s duties, communicate effectively, and ensure continuity of work.
The Department Manager is responsible for identifying if a job sharing arrangement is workable within their department. The Department Manager must assess the impact and outcome in terms of production, quality and absenteeism, and whether job sharing is in the best interests of the Company and employees. The Hotel General Manager must also assess the overall feasibility of the job sharing arrangement. Any job sharing arrangement must receive final approval from both the Manager and the Hotel General Manager. The decision as to whether to allow a job sharing arrangement is within the discretion of the Company and some jobs may be unsuitable for job sharing.
The exact details of the job share arrangement will be decided by and implemented by the manager and Hotel General Manager to ensure that operational needs are met.
Job sharers must have a strong commitment to the job and to making the job sharing arrangement work. Job sharers must ensure that there is a workable communication system in place so that supervisors, co-workers, customers and/or clients can expect to communicate with both job sharers via the person on duty at the time.
Job sharing will affect your eligibility for certain benefits. Please contact the Hotel General Manager for specific details. The Hotel General Manager has the general responsibility of overseeing the day-to-day implementation of this job sharing policy in accordance with payroll and legal requirements.
If a job sharing position is approved, your position is part of a full time position which has been divided under a job sharing arrangement. Should your job share co-worker resign or transfer, your Manager and the Hotel General Manager, will assess the needs of the Company and determine a course of action. The following are potential options:
• Convert the remaining job sharing co-worker to a full time 40-hour work week position.
• Advertise the position as a part-time job share. In the event that the position cannot be filled, the position will revert to a full-time position with the requirement that the remaining co-worker assume the full-time requirements of the position, including the 40-hour work week.
• Adjust the work schedule of the remaining job co-worker to meet office needs.
• Allow the remaining job share co-worker to continue working the part-time schedule.
Job sharing arrangements will be continually evaluated and can be discontinued at any time. An approved job share agreement does not change or alter the at-will nature of the employee’s employment with the Company. Employment at-will means that the employment relationship may be terminated, with or without cause and with or without advance notice at any time by the employee or the Company.
New Hires
The first 90 days of continuous employment at La Mirage Inn Hollywood is considered an introductory period. During this time, you will learn your responsibilities, get acquainted with co-workers and
determine whether or not you are happy with your job. Your supervisor will closely monitor your performance.
Completion of the introductory period does not entitle you to remain employed by La Mirage Inn Hollywood for any definite period of time. Your status as an at-will employee does not change. The employment relationship may be terminated with or without cause and with or without advance notice, at any time by you or the Company.
Part-Time Employees
Part-time employees are those who are scheduled for and do work fewer than 40 hours per week, but not fewer than 20 hours. Part-time employees are eligible for the following La Mirage Inn Hollywood benefits:
• Part-time employee are eligible for holiday pay.
Regular Employees
Regular employees are those who are hired to work on a regular schedule. Regular employees may be classified as full-time or part-time.
Bereavement Leave
La Mirage Inn Hollywood Motel grants time off to eligible employees in the event of the death of a “family member.”
To be eligible for bereavement leave, you must be employed for at least 30 days prior to starting leave.
If you are eligible and experience the death of a family member, you may take up to five days of bereavement leave.
For purposes of this policy, a family member is a:
- Spouse
- Domestic Partner
- Child
- Parent
- Parent-in-law
- Sibling
- Grandparent
- Grandchild
The days of bereavement leave do not need to be taken consecutively, however, you must complete your bereavement leave within three months of your family member’s death, at which time any remaining unused bereavement leave will expire.
Bereavement leave is unpaid; however, you may choose to use previously accrued paid leave time available to you.
You must provide documentation to support the need for bereavement leave, which may include a death certificate; a published obituary; or a verification of death, burial or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution or government agency.
La Mirage Inn Hollywood may, at its discretion, approve additional unpaid time off.
Reproductive Loss Leave
La Mirage Inn Hollywood grants time off to eligible employees in the event you suffer a qualifying reproductive loss event as defined in this policy.
To be eligible for reproductive loss leave, you must be employed for at least 30 days prior to starting leave.
If you are eligible and experience a reproductive loss event, you may take up to five days of reproductive loss leave.
For purposes of this policy, a reproductive loss event is the day, or the final day for a multiple day event, of one of the following:
• Failed adoption: The dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party, if you would have been a parent of the adoptee if the adoption had been completed.
• Failed surrogacy: The dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate, if you would have been a parent of a child born as a result of the surrogacy.
• Miscarriage: May be a miscarriage by you, your current spouse or domestic partner, or by another individual if you would have been a parent of a child born as a result of the pregnancy.
• Stillbirth: May be a stillbirth resulting from your pregnancy, the pregnancy of your current spouse or domestic partner, or another individual if you would have been a parent of a child born as a result of the pregnancy.
• Unsuccessful assisted reproduction: An unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure (i.e., artificial insemination or an embryo transfer, including gamete and embryo donation). Assisted reproduction does not include reproduction through sexual intercourse. This event applies to you, your current spouse or domestic partner, or another individual, if you would have been a parent of a child born as a result of the pregnancy.
The days of reproductive leave do not need to be taken consecutively, however, you must complete your reproductive loss leave within three months of your reproductive loss event, or, if prior to or immediately following your reproductive loss event, you are on or choose to go on leave under California’s pregnancy disability law, the California Family Rights Act, or any other leave provided by state or federal law, then you may complete your reproductive loss leave within three months of the end of the other leave, at which time any remaining unused reproductive loss leave will expire.
Reproductive loss leave is unpaid; however, you may choose to use previously accrued paid leave time available to you.
If you experience more than one reproductive loss event within a 12-month period, you can receive another five days of reproductive loss leave. You are limited to a total of 20 days of reproductive loss leave within a 12-month period.
Any information provided to related to this leave will be maintained as confidential and will not be disclosed except to internal personnel or counsel, as necessary, or as required by law.
Victims’ Leave and Accommodation
La Mirage Inn Hollywood grants unpaid time off to eligible employees who are victims of a qualifying act of violence, as defined in this policy, and reasonable accommodations to eligible employees who are victims of, or who have family members who are victims of, a qualifying act of violence to help ensure their safety while at work.
Victim’s Leave
An employee who is a victim of a qualifying act of violence may take time off to obtain — or attempt to obtain — relief, including, but not limited to, a temporary restraining order, restraining order or other injunctive relief to help ensure the health, safety or welfare of the victim or their child.
For purposes of this policy, a “qualifying act of violence” is any of the following, regardless of whether anyone is arrested for, prosecuted for or convicted of committing any crime:
• Domestic violence
• Sexual assault
• Stalking
• An act, conduct or pattern of conduct that includes any of the following:
• In which an individual causes bodily injury or death to another individual.
• In which an individual exhibits, draws, brandishes, or uses a firearm or other
dangerous weapon, with respect to another individual.
• In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
While the leave is generally unpaid, employees can use their paid sick time under California’s Healthy Workplaces, Healthy Families Act for the purposes described in this policy.
Please provide reasonable advance notice of the need for leave unless advance notice is not feasible. To request leave under this policy, please contact Hotel General Manager.
Reasonable Accommodation
For an employee who is a victim of — or who has a family member that is a victim of — a
qualifying act of violence, the company will provide a reasonable accommodation for their safety while at work, so long as the accommodation doesn’t cause undue hardship.
For purposes of this policy, “family member” includes:
• Your biological, adoptive or foster child; stepchild or legal ward; a child of a registered domestic partner; or a person to whom you stands in loco parentis.
• Your biological, adoptive or foster parent, stepparent or legal guardian; or that of your spouse or registered domestic partner (parent-in-law); or that of a person who stood in loco parentis when you, your spouse or registered domestic partner were a minor child.
• Your legal spouse or registered domestic partner.
• Your biological, foster or adoptive sibling; a stepsibling; or half-sibling.
• Your grandparent.
• Your grandchild.
• Any individual related by blood or whose association with the employee is the equivalent of a family relationship.
If you need a reasonable accommodation for your safety at work, contact Hotel General Manager to discuss the need for an accommodation. If you are requesting reasonable accommodation, you will need to submit a written statement signed by you, or by an individual acting on your behalf, certifying that the accommodation is for the purpose of your safety at work.
For reasonable accommodation requests, the company will also require certification demonstrating that you are the victim of a qualifying act of violence. The company will engage in an interactive process with you to identify possible accommodations, if any, that are effective and will make reasonable accommodations unless an undue hardship will result. The company may request recertification every six months. Please notify the company if an approved accommodation is no longer needed.
La Mirage Inn Hollywood will, to the extent allowed by law, maintain the confidentiality of an employee requesting leave or accommodation under these provisions.
Victims’ Leave for Treatment
La Mirage Inn Hollywood grants unpaid time off to eligible employees who are victims of, or who have a family member that is a victim of, a qualifying act of violence for certain reasons directly related to the qualifying act of violence, as specified in this policy.
For purposes of this policy, a “qualifying act of violence” is any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
• Domestic violence.
• Sexual assault.
• Stalking.
• An act, conduct, or pattern of conduct that includes any of the following:
• In which an individual causes bodily injury or death to another individual.
• In which an individual exhibits, draws, brandishes, or uses a firearm or other dangerous weapon, with respect to another individual.
• In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
For purposes of taking leave when a family member is a victim of a qualifying act of violence, “family member” includes the following:
• Your biological, adoptive or foster child; stepchild or legal ward; a child of a registered domestic partner; or a person to whom you stand in loco parentis.
• Your biological, adoptive or foster parent, stepparent or legal guardian; or that of your spouse or registered domestic partner (parent-in-law); or that of a person who stood in loco parentis when you, your spouse or registered domestic partner were a minor child.
• Your legal spouse or registered domestic partner.
• Your biological, foster or adoptive sibling; a stepsibling; or half-sibling.
• Your grandparent.
• Your grandchild.
• Any individual related by blood or whose association with the employee is the equivalent of a family relationship.
While the leave is generally unpaid, employees can use their paid sick time under California’s Healthy Workplaces, Healthy Families Act for the purposes described below.
You may request leave under this policy to do any of the following:
• Obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim of a qualifying act of violence.
• Seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
• Seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
• Seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
• Participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
• Relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
• Provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
• Seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
• Prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
• Seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
The leave duration under this policy is limited in certain circumstances as follows:
• When the employee isn’t a victim but is taking leave for a family member who is a victim of a qualifying act of violence specifically for the purpose of relocating or engaging in the process of securing a new residence due to the qualifying act of violence, then leave under this policy is limited to five days.
• When the employee isn’t a victim but is taking leave for a family member who is a victim of a qualifying act of violence for one of the other reasons listed above, then the total leave taken under this policy is limited to 10 days.
• Leave taken under this policy for any other permissible reason is limited to a total duration of 12 weeks.
Please provide reasonable advance notice of the need for leave unless advance notice is not feasible. To request leave under this policy, please contact Hotel General Manager.
La Mirage Inn Hollywood will, to the extent allowed by law, maintain the confidentiality of an employee requesting leave under this provision.
Leave taken under this policy will run concurrently with leave taken pursuant to the California Family Rights Act, to the extent the employee is eligible for that leave.
CFRA
California’s California Family Rights Act (CFRA) provides up to 12 workweeks of unpaid family/medical leave within a 12-month period, under the following conditions:
• You have been employed with the company for a total of at least 12 months prior to the start of leave. The 12 months of employment must have accumulated within the previous seven years (certain exceptions apply); and
• You have worked at least 1,250 hours during the previous 12-month period before the need for leave.*
*Special hours of service eligibility requirements apply to airline flight crew employees.
Leave may be taken for one or more of the following reasons:
• Your serious health condition that makes you unable to perform your job.
• To care for your family member who has a serious health condition. For purposes of CFRA leave, a “family member” includes your:
• Spouse;
• Parent;
• Child of any age;
• Registered domestic partner;
• Grandparent;
• Grandchild;
• Sibling;
• Parent-in-law;
• “Designated person” (Someone else with a blood or family-like relationship with you.
You may identify this individual at the time you request leave. You are limited to one designated person per 12-month period for purposes of CFRA leave).
• The birth of your child, or placement of a child with you for adoption or foster care.
• Because of a qualifying exigency related to covered active duty or a call to covered active duty of your spouse, registered domestic partner, child, or parent in the U.S.
Armed Forces (see Qualifying Exigencies Related to Active Duty below).
Please note that incapacity due to pregnancy, prenatal medical care or childbirth is not an eligible reason for CFRA leave (see the Pregnancy Disability Leave policy for more information).
For additional information about eligibility for CFRA leave, contact the Hotel General Manager.
Qualifying Exigencies Related to Active Duty
• Eligible employees whose spouse, domestic partner, child or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement for certain qualifying exigencies. Qualifying exigencies may include, but are not necessarily limited to, attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
Calculating the 12-Month Period
For purposes of calculating the 12-month period during which 12 weeks of CFRA leave may be taken, La Mirage Inn Hollywood uses Calendar year.
Pregnancy, Childbirth or Related Conditions and Child Bonding
Leave because of a disability for pregnancy, childbirth or related medical condition is not counted as time used under CFRA leave. Employees who take time off for pregnancy disability will be placed on pregnancy disability leave (PDL) (see Pregnancy Disability Leave policy for more information).
Once the pregnant employee is no longer disabled, or once the employee has given birth and exhausted PDL, the employee may apply for leave under the CFRA for purposes of child bonding.
Any leave taken for the birth, adoption or foster care placement of a child does not have to be taken in one continuous period of time. CFRA leave taken for the birth or placement of a child will be granted in minimum amounts of two weeks. However, the company will grant a request for a CFRA leave (for birth/placement of a child) of less than two weeks’ duration on any two occasions. The company may also grant additional requests for leave lasting less than two weeks at its discretion. Any leave taken must be concluded within one year of the child’s birth or placement with the employee.
Leave Procedures
The following procedures shall apply to CFRA leave:
• Please contact the Hotel General Manager as soon as you realize the need for family/medical leave. If the leave is based on the expected birth, placement for adoption or foster care, or planned medical treatment for your serious health condition or that of a family member, you must notify the company at least 30 days before leave is to begin. You must consult with your supervisor regarding scheduling of any planned medical treatment or supervision in order to minimize disruption to the company operations. Any such scheduling is subject to the approval of your health care provider or that of your family member.
• If you cannot provide 30 days’ notice, the company must be informed as soon as is practical.
• If the CFRA request is made because of your own serious health condition, the company may require, at its expense, a second opinion from a health care provider that the company chooses. The health care provider designated to give a second opinion will not be one the company employs on a regular basis.
• If the second opinion differs from the first opinion, the company may require you, at the company’s expense, to obtain the opinion of a third health care provider designated or approved jointly by you and the employer. The third health care provider’s opinion shall be considered final and binding on you and the company.
Certification
La Mirage Inn Hollywood requires you to provide certification. You will have 15 calendar days from the company’s request for certification to provide it to the company, unless it is not practical to do so. The company may require recertification from the health care provider if you request additional leave upon expiration of the time period in the original certification (for example, if you need two weeks of family and medical leave, but following the two weeks, you need intermittent leave, a new medical certification will be requested and required). If you do not provide medical certification in a timely manner to substantiate the need for family and medical leave, the company may delay approval of the leave, or continuation thereof, until certification is received.
If certification is never received, the leave may not be considered CFRA leave.
If the leave is needed to care for a sick family member, you must provide a certification from the health care provider stating:
• Date when the serious health condition began;
• Probable duration of the condition;
• Estimated amount of time for care by the health care provider; and
• Confirmation that the serious health condition warrants your participation.
If your serious health condition is the reason for leave, you must provide a certification from the health care provider stating:
• Date of when the serious health condition began;
• Probable duration of the condition; and
• Your inability to work at all or to perform any one or more your position’s essential functions because of the serious health condition.
If you are on leave because of your own serious health condition, the company will also require a medical release to return to work form or certification from your health care provider that you are able to resume work.
Failure to provide a release to return to work from your health care provider may result in denial of reinstatement until the certificate is obtained.
Leave Related to Military Service
A leave taken due to a “qualifying exigency” related to military service must be supported by a certification of its necessity. Special certification requirements apply to leaves related to military service.
Health and Benefit Plans
If you are taking CFRA leave, you will be allowed to continue participating in any health and welfare benefit plans in which you were enrolled before the first day of the leave (for a maximum of 12 workweeks) at the level and under the conditions of coverage as if you had continued in employment for the duration of such leave. The company will continue to make the same premium contribution as if you had continued working. The continued participation in health benefits begins on the date leave first begins. In some instances, the company may recover premiums paid to maintain health coverage if you fail to return to work following CFRA leave.
Employees on PDL will be allowed to continue to participate in group health coverage for up to a maximum of four months of PDL (if such insurance was provided before the leave was taken) on the same terms as if you had continued to work. The right to continued group health coverage during PDL is a separate and distinct entitlement from the CFRA entitlement.
Payment is due when it would be deducted by payroll.
Substitution of Paid Leave
Generally, CFRA leave is unpaid. The company may require you to use accrued paid leave while taking CFRA leave, or you may choose to do so. To use paid leave for CFRA leave, you must comply with the company’s normal paid leave policies. For more information on specific circumstances requiring or allowing the substitution of paid leave, contact Hotel General Manager.
Reinstatement
Under most circumstances, you will be reinstated upon return from CFRA leave to your original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an employee has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if an employee on CFRA leave would have been laid off had they not gone on leave, or if their job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement. In addition, an employee’s use of CFRA leave will not result in the loss of any employment benefit that the employee earned before using CFRA leave.
Time Accrual
Please contact the Hotel General Manager with any questions regarding accrual of other company provided paid leave benefits (such as vacation, PTO or sick leave) during unpaid CFRA leave.
Carryover
Leave granted under any of the reasons provided by the CFRA and/or the Family and Medical Leave Act (FMLA) will be counted as family/medical leave and will be considered as part of the 12-workweek entitlement in any 12-month period. No carryover of unused leave from one 12-month period to the next 12-month period is permitted.
Intermittent Leave
You may take CFRA leave intermittently (in blocks of time, or by reducing your normal weekly or daily work schedule) if the leave is for your serious health condition or that of a qualifying family member and the reduced leave schedule is medically necessary as determined by the health care provider of the person with the serious health condition. The smallest increment of time that can be used for such leave is 1 hour.
See also the discussion of Pregnancy, Childbirth or Related Conditions and Child Bonding above.
Military Leave
Employees who wish to serve in the military and take military leave should contact the Hotel General Manager for information about their rights before and after such leave. You are entitled to reinstatement upon completion of military service, provided you return or apply for reinstatement within the time allowed by law.
Military Spouse Leave
Employees who work more than 20 hours per week and have a spouse or registered domestic partner in the U.S. Armed Forces, National Guard or Reserves who have been deployed during a period of military conflict are eligible for up to 10 unpaid days off when their spouse is on leave from (not returning from) military deployment.
You must request this leave in writing to the Hotel General Manager within two business days of receiving official notice that your spouse will be on leave. You must attach written documentation to the leave request that certifies your spouse will be on leave from deployment.
Organ and Bone Marrow Donor Leave
Employees who are donors for organ or bone marrow may take time off as follows:
• You must be employed for at least a 90-day period immediately before the beginning of leave.
• You may take up to 30 business days of paid leave and up to an additional 30 business days of unpaid leave in any one-year period for the purpose of donating an organ to another person. The one-year period is calculated from the date the employee begins their leave.
• You may take up to five business days of leave in any one-year period for the purpose of donating bone marrow to another person. The one-year period is calculated from the date the employee’s leave begins.
• During the leave for organ/bone marrow donors, La Mirage Inn Hollywood will continue to provide and pay for any group health plan benefits the employee was enrolled in prior to the leave of absence.
• Leave taken for the purpose of organ or bone marrow donation is not leave for the purpose of family medical leave under the federal Family and Medical Leave Act or the state California Family Rights Act.
Employees who wish to take a leave of absence to donate bone marrow or an organ will be required to provide written verification of the need for leave, including confirmation that the employee is an organ or bone marrow donor and that there is a medical necessity for donation of the organ or bone marrow.
La Mirage Inn Hollywood requires that employees taking leave for organ donation use two weeks of accrued but unused employer-provided sick leave, PTO and/or vacation, excluding paid sick leave provided under the California Healthy Workplaces, Healthy Families Act.
La Mirage Inn Hollywood requires that employees taking leave for bone marrow donation use five days of accrued but unused employer-provided sick leave, PTO and/or vacation, excluding paid sick leave provided under the California Healthy Workplaces, Healthy Families Act.
Pregnancy Disability Leave Five or More Employees
If you are pregnant, have a related medical condition, or are recovering from childbirth, please review this policy. Any employee planning to take pregnancy disability leave (PDL) should contact the Hotel General Manager as early as possible. Please make an appointment with the Hotel General Manager to discuss the following conditions:
• The length of pregnancy disability leave will be determined by the advice of your physician, but employees disabled by pregnancy may take up to four months of leave per pregnancy (the working days you normally would work in one-third of a year or 17 1/3 weeks). Part-time employees are entitled to leave on a pro rata basis. The four months of leave includes any period of time for actual disability caused by your pregnancy, childbirth or related medical condition. This includes leave for severe morning sickness, prenatal care, doctor-ordered bed rest and other reasons. Your health care provider determines how much time you need for your disability.
• La Mirage Inn Hollywood will also reasonably accommodate medical needs related to pregnancy, childbirth or related conditions, if possible. To discuss the need for an accommodation, please contact the Hotel General Manager. The company will engage in an interactive process with you to identify potential reasonable accommodations, if any, that will help you perform the job; or if medically necessary due to your pregnancy, will temporarily transfer you to a less strenuous or hazardous position (where available) or assign less strenuous or hazardous duties.
• If you need to take PDL, you must inform La Mirage Inn Hollywood when a leave is expected to begin and how long it will likely last. If the need for a leave, reasonable accommodation, or transfer is foreseeable (such as the expected birth of a child or a planned medical treatment for yourself), you must provide at least 30 days’ advance notice before the PDL or transfer is to begin. Please contact the Hotel General Manager regarding the scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the company. Any such scheduling is subject to the approval of your health care provider.
• For unforeseeable emergencies or events, you must notify the company, at least verbally, as soon as practical after you learn of the need for the leave.
• Failure to comply with these notice requirements may result in delay of PDL, reasonable accommodation or transfer.
• Pregnancy leave usually begins when ordered by your health care provider. You must provide La Mirage Inn Hollywood with a written certification from a health care provider for need of PDL, reasonable accommodation or transfer. The certification must be returned no later than 15 calendar days after is the company requests it. Failure to do so may, in some circumstances, delay PDL, reasonable accommodation or transfer. Please see Hotel General Manager for a medical certification form to give to your health care provider.
• Return from PDL will be allowed only when your health care provider sends a release.
• You are allowed to use accrued sick, vacation or personal time (if otherwise eligible to take the time) during PDL.
• PDL does not need to be taken in one continuous period and may be taken intermittently, as needed. Leave may be taken in increments of 1 hour.
If intermittent leave or leave on a reduced work schedule is medically advisable, you may be required in some instances to transfer temporarily to an available alternative position that meets
your needs. The alternative position does not need to have equivalent job duties, but must have the equivalent rate of pay and benefits, and you must be qualified for the position. The position must better accommodate your leave requirements than your regular job. Transfer to an alternative position can include altering an existing job to better accommodate your need for intermittent leave or a reduced work schedule.
When your health care provider releases you to return to work from PDL, you will be reinstated to your same position held at the time the leave began or, in certain instances, to a comparable position, if available. There are limited exceptions to this policy. An employee returning from
PDL has no greater right to reinstatement than if the employee had been continuously employed.
If you are on PDL, you will be allowed to continue to participate in group health insurance coverage for up to a maximum of four months of disability leave (if such insurance was provided before the leave was taken) at the level and under the conditions that coverage would have been provided if you had continued in employment continuously for the leave’s duration. In some instances, the company can recover premiums paid to maintain your health coverage if you fail to return from PDL. PDL may impact other benefits or a seniority date. Please contact Hotel General Manager for more information.
The company will not retaliate against you for requesting PDL, reasonable accommodation or transfer under this policy, and will not knowingly tolerate or permit retaliation by management, employees or coworkers.
School Appearances Involving Suspension
If you are the parent or guardian of a child facing suspension from school is summoned to the school to discuss the matter, you should alert your supervisor as soon as possible before leaving work. In agreement with California Labor Code Section 230.7, no discriminatory action
will be taken against an employee who takes time off for this purpose.
Time Off for Voting
If you do not have sufficient time outside of working hours to vote in an official statewide election, you may take off enough working time to vote, including up to two hours off without loss of pay. This time should be taken at the beginning or the end of the regular working shift, whichever allows for more free time for voting and the least time off work. If you know or have reason to believe that time off will be necessary to be able to vote on election day, you must give your supervisor at least two working days’ notice.
Criminal Judicial Proceedings and Victims’ Rights Leave
If you are the victim, or the family member of a victim of certain serious crimes, you may take time off from work to attend judicial proceedings related to the crime or to attend proceedings involving rights of the victim.
If you are the family member of a crime victim, you may be eligible to take this leave if you are the crime victim’s spouse, parent, child or sibling. Other family members may also be covered, depending on the purpose of the leave.
The absence from work must be in order to attend judicial proceedings or proceedings involving rights of the victim. Only certain crimes are covered. You must provide reasonable advance notice of your need for leave and documentation related to the proceeding may be required. If advance notice is not possible, you must provide appropriate documentation within a reasonable time after the absence.
Any absences from work to attend judicial proceedings or proceedings involving victim rights are unpaid, unless you choose to use accrued and unused paid time off.
For more information regarding this leave (including whether you are covered, when and what type of documentation is required and which type of paid time off can be used), please contact Hotel General Manager.
Volunteer Civil Service Personnel
No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter, peace officer, or emergency rescue personnel. Employees who perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel may also take up to a total of fourteen days unpaid leave time per calendar year to engage in required fire, law enforcement or emergency rescue training. Please alert your supervisor that you may have to take time off for emergency duty or emergency duty training. When taking time off for emergency duty, please alert your supervisor before doing so when possible.
Lactation Accommodation
La Mirage Inn Hollywood recognizes lactating employees’ rights to request lactation accommodation, and we accommodate lactating employees by providing a reasonable amount of break time and a suitable lactation location for such employees to express breast milk for their infant child, subject to any exemption allowed under applicable law.
If possible, the break time should run concurrently with your normally scheduled break time. Any break time to express breast milk that does not run concurrently with your normally scheduled break time is unpaid.
The lactation location will be private (shielded from view and free from intrusion from coworkers and the public), located close to your work area and:
• Be safe, clean, and free of toxic or hazardous materials;
• Have a surface to place a breast pump and other personal items;
• Have a place to sit; and
• Have access to electricity or alternative devices (including, but not limited to, extension cords or charging stations) needed to operate an electric or battery-powered breast pump.
La Mirage Inn Hollywood will also provide access to a sink with running water and a refrigerator suitable for storing milk in close proximity to your workspace. If a refrigerator cannot be provided, La Mirage Inn Hollywood will provide another cooling device suitable for storing milk, such as an employer-provided cooler. The lactation location will not be a bathroom or restroom. The room or location may include an employee’s private office if it otherwise meets the lactation space requirements. Multi-purpose rooms may be used as a lactation space if they satisfy the requirements; however, use of the room for lactation takes priority over other uses for the time it is in use for lactation purposes.
Employees who desire lactation accommodations should contact Hotel General Manager to request accommodations. An employee’s request may be provided orally, by email or in writing, and need not be submitted on a specific form. We will engage in an interactive process with you to determine when and where lactation breaks will occur. If we cannot provide break time or a location that complies with this policy, we will provide a written response to your request.
La Mirage Inn Hollywood will not tolerate discrimination or retaliation against employees who exercise their rights to lactation accommodation, including those who request time to express milk at work and/or who lodge a complaint related to the right to lactation accommodation. If you believe you have been denied reasonable break time or adequate space to express milk, or
have been otherwise been denied your rights related to lactation accommodation, you have the right to file a complaint with the Labor Commissioner.
Workers’ Compensation
La Mirage Inn Hollywood, in accordance with state law, provides insurance coverage for employees in case of work-related injury. The workers’ compensation benefits provided to injured employees may include:
• Medical care;
• Cash benefits, tax free, to replace lost wages; and
• Assistance to help qualified injured employees return to suitable employment.
To ensure that you receive any workers’ compensation benefits to which you may be entitled, you need to:
• Immediately report any work-related injury to your supervisor;
• Seek medical treatment and follow-up care if required;
• Complete a written Employee’s Claim for Workers’ Compensation Benefits (DWC Form 1) and return it to the Hotel General Manager; and
• Provide the company with a certification from your health care provider regarding the need for workers’ compensation disability leave, as well as your eventual ability to return to work from the leave.
Upon submission of a medical certification that an employee is able to return to work after a workers’ compensation leave, the employee under most circumstances will be reinstated to their same position held at the time the leave began, or assigned to an equivalent position, if available. An employee returning from a workers’ compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave.
An employee’s return depends on their qualifications for any existing openings. If, after returning from a workers’ compensation disability leave, an employee is unable to perform the essential functions of their job because of a physical or mental disability, the company’s obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act or the California Fair Employment and Housing Act.
The law requires La Mirage Inn Hollywood to notify the workers’ compensation insurance company of any concerns of false or fraudulent claims.
Workers’ Compensation and CFRA/FMLA
Employees who are ill or injured as a result of a work-related incident, and who are eligible for family and medical leave under state and/or federal law, California Family Rights Act (CFRA) and/or Family Medical Leave Act (FMLA), will be placed on CFRA and/or FMLA leave during the time they are disabled and not released to return to work. The leave under these laws will generally run concurrently.
Workplace Privacy – Audio/Video Recordings
Due to the company’s legal obligations and concerns regarding the potential for invasion of privacy, and sexual or other harassment, employees may not use any audio or video recording devices in areas where employees normally expect privacy such as restrooms, locker rooms and changing rooms.
The protection of confidential, sensitive and proprietary information is essential to the company and its employees. In order to protect against the capture and disclosure of such information, you may not use any audio or video recordings in work areas that La Mirage Inn Hollywood has identified as confidential, secure or private, unless you are engaged in protected activity related to improving the terms and conditions of your employment, such as documenting health and safety issues.
This applies to the following areas:
• 1. Front Counter
• 2. Kitchen area
• 3. Cleaning area rooms 4. Customer eating area.
Employees also may not record private conversations without the consent of all parties.
This policy is not intended, nor should it be interpreted, to in any way limit the ability of employees to:
• Discuss with others the terms and conditions of their employment, including such topics as wages, job performance, workplace safety, workload, supervisors, staffing or other terms and conditions of employment ; or
• Otherwise engage in protected concerted activity that employees have the right to engage in under federal, state or local law.
Guests and Visitors
Visits from friends and family should be kept to a minimum, in order to preserve an appropriate work environment. It is extremely important that the impression left with La Mirage Inn Hollywood visitors is that of a professional organization with the highest standards of conduct.
Emergencies in which children must be in the office for an extended length of time are to be kept to an absolute minimum. The Company may not be used as a substitute for regular child care of employees’ children. On those occasions when children are present, they should not be allowed to disrupt others in the office.
Your child is your responsibility and must be under your direct supervision at all times. If a child is ill, you must present a doctor’s note to your immediate supervisor indicating the child is not contagious. Under no circumstances may children provide work for the Company, unless the child is hired as an employee pursuant to Company policies.
If you wish to bring a minor child to work and prior notice is possible, request from your supervisor and complete the Guest and Visitors Request form, which will be reviewed by Supervisor. You should also use the Guest and Visitors Request form if you wish to bring your pet to work.
The Company reserves its right in its sole discretion to deny such a request for reasons including: but not limited to, the requested guest or visitor has been disruptive in the past, there is a special event scheduled on the date(s) requested, or the work environment is not appropriate for the visitor or guest due to safety or other reasons.
Housekeeping
All employees are expected to keep their work areas clean and organized. People using common areas such as lunch rooms, locker rooms, and restrooms are expected to keep them sanitary. Please clean up after meals and dispose of trash properly.
Off-Duty Use of Facilities
Employees are prohibited from remaining on La Mirage Inn Hollywood premises or making use of company facilities while not on duty after their shift has ended. This does not include rest and meal break periods. Employees are prohibited from using company facilities, company property or company equipment for personal use unless expressly authorized by company policy or a supervisor. This policy is not intended, nor should it be interpreted, to in any way limit the ability of employees to use the company’s email systems to:
• Communicate with other employees regarding the terms and conditions of their employment during non-working times, including such topics as wages, job performance, workplace safety, workload, supervisors, staffing or other terms and conditions of employment; or
• Otherwise engage in protected concerted activity that employees have the right to engage in under federal, state or local law.
Smoking
Smoking is prohibited at this workplace. The smoking prohibition applies to all smoking devices, including, but not limited to, the use of electronic smoking devices, such as electronic cigarettes, pipes, hookahs, and vaping devices.
Solicitation and Distribution of Literature
To ensure efficient operation of the company’s business and prevent disruption to employees, we have established control of solicitations and distribution of written and/or electronic materials and content on company property. La Mirage Inn Hollywood has enacted rules applicable to all employees governing solicitation, distribution of written material, and entry onto the premises and work areas. All employees are expected to comply strictly with these rules. Any employee who is in doubt concerning the application of these rules should consult with their supervisor.
No employee shall solicit or promote support for any cause or organization during their working time or during the working time of the employee or employees at whom such activity is directed.
No employee shall distribute or circulate any written or printed material in work areas at any time, or during their working time or during the working time of the employee or employees at whom such activity is directed. For purposes of this policy, work areas are areas controlled by the company where employees are performing work, excluding areas where work is typically not performed, such as parking lots, break rooms, lunch areas, etc. Working time does not include rest and meal break periods.
Under no circumstances will non-employees be permitted to solicit or distribute written material for any purpose on company property.
This policy is not intended, nor should it be interpreted, to in any way limit the ability of employees to:
• Communicate with others regarding the terms and conditions of their employment, including such topics as wages, job performance, workplace safety, workload, supervisors, staffing or other terms and conditions of employment; or
• Otherwise engage in protected concerted activity that employees have the right to engage in under federal, state or local law.
Conducting Personal Business
Employees are to conduct only La Mirage Inn Hollywood business while at work. You may not conduct personal business or business for another employer during your scheduled working hours. For purposes of this policy, personal business does not include engaging in communications in response to an emergency or:
• Communicating with others regarding the terms and conditions of their employment, including such topics as wages, job performance, workplace safety, workload, supervisors, staffing or other terms and conditions of employment; or
• Otherwise engaging in protected concerted activity that employees have the right to engage in under federal, state or local law.
Customer Relations
Employees are expected to be polite, courteous, prompt, and attentive to every customer. When an employee encounters an uncomfortable situation that they do not feel capable of handling, the general manager should be called immediately.
Ours is a service business and all of us must remember that the customer always comes first. Our customers ultimately pay all of our wages. Remember, while the customer is not always right, the customer is never wrong.
Customers are to be treated courteously and given proper attention at all times. Never regard a customer’s question or concern as an interruption or an annoyance. You must respond to inquiries from customers, whether in person or by telephone, promptly and professionally.
Never place a telephone caller on hold for an extended period. Direct incoming calls to the appropriate person and make sure the call is received.
Through your conduct, show your desire to assist the customer in obtaining the help they needs. If you are unable to help a customer, find someone who can.
All correspondence and documents, whether to customers or others, must be neatly prepared and error-free. Attention to accuracy and detail in all paperwork demonstrates your commitment to those with whom we do business.
Never argue with a customer. If a problem develops or if a customer remains dissatisfied, ask your supervisor or the general manager to intervene.
Drug and Alcohol Abuse
La Mirage Inn Hollywood is concerned about the use of alcohol, cannabis/marijuana, illegal drugs or controlled substances as it affects the workplace. Use of these substances can detract from an employee’s work performance, efficiency, safety, and health, and seriously impair Company operations. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes the Company to the risks of property loss or damage, or injury to other persons.
The following rules and standards of conduct apply to all employees while on Company property, at work, or working on Company business. The following are strictly prohibited by Company policy:
• Being under the influence of, or impaired by, an illegal or controlled substance, alcohol or marijuana while on the job.
• Using or possessing illegal or controlled substances, alcohol or marijuana while on the
job (including the illegal use of prescription drugs and possessing drug paraphernalia)
• Distributing, selling, or purchasing of an illegal or controlled substance, alcohol or marijuana while on the job.
Violation of these rules and standards of conduct will not be tolerated, and will include disciplinary action up to and including termination. La Mirage Inn Hollywood also may bring the matter to the attention of appropriate law enforcement authorities.
La Mirage Inn Hollywood will not discriminate against employees for the use of marijuana off the job and away from the worksite, nor will La Mirage Inn Hollywood take disciplinary action against employees for such use, so long it does not result in the employee being under the influence of marijuana while on the job (e.g., using marijuana off-duty and outside of work and then coming to work while still under the influence/impaired).
In order to enforce this policy, La Mirage Inn Hollywood reserves the right to conduct searches of Company property or employees and/or their personal property, and to implement other measures necessary to deter and detect abuse of this policy.
An employee’s conviction on a charge of illegal sale or possession of any controlled substance while off Company property will not be tolerated because such conduct, even though off duty, reflects adversely on La Mirage Inn Hollywood. In addition, the Company must keep people who sell or possess controlled substances off Company premises in order to keep the controlled substances themselves off the premises.
La Mirage Inn Hollywood will encourage and reasonably accommodate employees with alcohol, marijuana or drug dependencies to seek treatment and/or rehabilitation. Employees desiring such assistance should request a treatment or rehabilitation leave. The Company is not obligated, however, to continue to employ any person whose performance of essential job duties is impaired because of drug, alcohol or marijuana use. Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to successfully overcome their dependency or problem, will not automatically be reemployed or be given a second opportunity to seek treatment and/or rehabilitation. This policy on treatment and rehabilitation is not intended to affect the Company’s treatment of employees who violate the regulations described previously. Rather, rehabilitation is an option for an employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency.
Use of Personal Devices
Due to the company’s legal obligations to protect employees’ privacy, prevent sexual or other harassment, and provide a safe working environment, and due to its substantial interests in the protection of proprietary or confidential information, workplace productivity and workplace security, employees’ personal electronic devices (including computers, laptops, smartphones, cell phones, tablets and similar devices) should not to be used during work time except in the event of an emergency condition or to engage in protected activity related to improving the terms and conditions of employment, such as documenting health and safety issues. Employees may use personal devices during non-working times, such as breaks and meal periods; however, all other company policies against inappropriate usage apply, including the company’s no tolerance for discrimination, harassment or retaliation in the workplace.
In the event of an “emergency condition,” employees may access their mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation or communicating with a person to verify their safety.
For purposes of this policy, an “emergency condition” is defined as:
• Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act; or
• An order to evacuate a workplace, a worksite, a worker’s home or the school of a worker’s child due to natural disaster or a criminal act.
This policy is not intended, nor should it be interpreted, to in any way limit the ability of employees to:
• Communicate with others regarding the terms and conditions of their employment, including such topics as wages, job performance, workplace safety, workload, supervisors, staffing or other terms and conditions of employment; or
• Otherwise engage in protected concerted activity that employees have the right to engage in under federal, state or local law.
Prohibited Conduct
In order to provide a safe, cooperative, efficient and productive work environment for all of its employees, La Mirage Inn Hollywood requires order and discipline in the workplace. For this reason, certain types of conduct are impermissible and may lead to disciplinary action, up to and including possible termination. While it’s not possible to provide employees with a complete list of every possible type of disciplinary offense, the following are some examples of the types of conduct that are considered impermissible:
• Falsifying employment records, employment information, or other company records;
• Inefficient or careless performance of job responsibilities or inability to perform job duties satisfactorily;
• Recording the work time of another employee or allowing any other employee to record your work time, or falsifying any time card, either your own or another employee’s;
• Theft and deliberate or careless damage or destruction of any company property, or the property of any employee or customer;
• Removing or borrowing company property without prior authorization;
• Unauthorized use or misuse of company equipment, time, materials or facilities as specified in company policies;
• Provoking a fight or fighting during working hours or on company property;
• Participating in horseplay or practical jokes on company time or on company premises;
• Carrying firearms or any other dangerous weapons on company premises at any time;
• Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a supervisor or member of management;
• Using abusive or threatening language at any time on company premises;
• Violating company punctuality and attendance policies. (Neither absences protected by
state or federal law nor protected paid sick time under California law count as violations of this policy;
• Failing to obtain permission to leave work for any reason during normal working hours, not including rest and meal periods;
• Failing to observe working schedules, including rest and meal periods;
• Sleeping or malingering on the job;
• Making or accepting personal telephone calls, including cell phone calls, of more than three minutes in duration during working hours, except in cases of emergency or extreme circumstances;
• Working overtime without authorization or refusing to work assigned overtime;
• Violating dress standards;
• Violating any safety, health, security or company policy, rule or procedure;
• Violating the company’s drug and alcohol policy;
• Committing a fraudulent act or a breach of trust under any circumstances;
• Violating the company’s anti-harassment or equal employment opportunity policies; and
• Failing to promptly report work-related injury or illness.
This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee welfare and/or company operations also may be prohibited and will result in disciplinary action up to and including termination.
This statement of prohibited conduct does not alter the company’s policy of at-will employment. Either you or La Mirage Inn Hollywood remain free to terminate the employment relationship at any time, with or without reason or advance notice.
La Mirage Inn Hollywood will not discipline employees for conduct that relates to employees’ ability to:
• Communicate with others regarding the terms and conditions of their employment, including such topics as wages, job performance, workplace safety, workload, supervisors, staffing or other terms and conditions of employment; or
• Otherwise engage in concerted activity protected under federal, state or local law.
Punctuality and Attendance
As an employee of La Mirage Inn Hollywood, you are expected to be punctual and regular in attendance. Tardiness or absences can cause problems for your co-workers and your supervisor. When you are absent, your assigned work must be performed by others.
You are expected to report to work as scheduled, on time, and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods, rest periods or when required to leave on authorized Company business. Late arrivals, early departures or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided.
If you are unable to report for work on any particular day, you must provide reasonable advance notice to your supervisor before the time you are scheduled to begin working for that day. You must inform your supervisor of the expected duration of any absence. If you fail to provide reasonable advance notice before your scheduled time to begin work and do not arrive in time for your assigned shift, you will be considered tardy for that day. If the circumstances for your tardiness or absence were unforeseen, inform your supervisor as soon as practical of the reason for the tardiness or absence.
Excessive absenteeism or tardiness, providing false information or abuse of leave laws will not be tolerated. Generally, if you fail to report for work without any notification to your supervisor and your absence continues for a period of 3 days no call no show, La Mirage Inn Hollywood will consider that you have voluntarily abandoned or quit your employment.
Absences protected by local, state and federal law do not count as a violation of the punctuality and attendance policy. Paid sick time protected under California law does not count as a violation of this policy.
Advances
La Mirage Inn Hollywood does not permit advances against paychecks or against unaccrued vacation.
Reporting-Time Pay
La Mirage Inn Hollywood will comply with all applicable regulations regarding reporting time pay for nonexempt employees.
La Mirage Inn Hollywood will pay a minimum of two hours of pay to employees who are required to report to work on a day other than their normally scheduled workday.
La Mirage Inn Hollywood will not pay employees for reporting under the following circumstances:
• Interruption of work because of the failure of any or all public utilities;
• Operations can’t begin due to threats to employees or the company’s property, or when recommended by civil authorities; or
• Interruption of work because of natural causes or other circumstances beyond the company’s power to control.
Reporting time pay does not apply to employees on paid standby status, who are called to work at times other than their usual shift.
Employees with questions regarding this policy should contact Hotel General Manager.
Meal and Rest Periods
Rest Breaks
All nonexempt employees are entitled to uninterrupted rest break periods during their workday. If you are a nonexempt employee, you will be paid for all such break periods, and you will not clock out.
Number of Rest Breaks
You will be authorized and permitted one 10-minute net rest break for every four hours you work (or major fraction thereof, which is defined as any amount of time over two hours). A rest break need not be authorized for employees whose total daily work time is less than three and one half hours.
You will be relieved of all duty during your rest break periods. You are free to come and go as you please and leave the premises. You are expected to return to work promptly at the end of any rest break.
If you work a shift from three and one-half to six hours in length, you will be entitled to one 10-minute rest break. If you work more than six hours and up to 10 hours, you will be entitled to two 10-minute rest breaks. If you work more than 10 hours and up to 14 hours, you will be entitled to three 10-minute rest breaks.
Timing of Rest Breaks
You are authorized and permitted to take a rest break in the middle of each four-hour work period.
Your rest break will be scheduled by Supervisor.
Meal Period
All nonexempt employees will be provided an uninterrupted, unpaid meal period of at least 30 minutes if they work more than five hours in a workday. You must clock out for your meal period. You will be permitted a reasonable opportunity to take this meal period, during which you will be relieved of all duty and are free to come and go as you please and leave the premises. You are expected to return to work promptly at the end of any meal period.
Timing of Meal Period
Your meal period will be provided no later than the end of your fifth hour of work. For example, if you begin work at 8:00 a.m., you must start your meal period by 12:59 p.m. (which is before the end of your fifth hour of work).
Your meal period will be scheduled by Supervisor.
Second Meal Period
If you work more than 10 hours in a day, you will be provided a second, unpaid meal period of at least 30 minutes. Again, you must clock out for your meal period. You will be permitted a reasonable opportunity to take this meal period, during which you will be relieved of all duty, and there will be no control over your activities. Also during your meal period, you are free to leave the premises and come and go as you please. You are expected to return to work promptly at the end of any meal period.
Timing of Second Meal Period
This second meal period will be provided no later than the end of your 10th hour of work.
Your second meal period will be scheduled by Supervisor.
Recording Meal Periods
You must clock out for any meal period and record the start and end of the meal period.
Employees are not allowed to work “off the clock.” All work time must be accurately reported on your time record.
If for any reason you are not provided a meal period in accordance with our policy, or if you are in any way discouraged or impeded from taking your meal period or from taking the full amount of time allotted to you, please immediately notify Supervisor.
Anytime you miss a meal period that was provided to you (or you work any portion of a provided meal period), you will be required to report to Supervisor and document the reason for the missed meal period or time worked.
Please also refer to the La Mirage Inn Hollywood timekeeping policy.
Timekeeping and Off-the-Clock Work
Timekeeping Requirements
To both comply with its legal obligations to maintain accurate time records and ensure that employees are paid for all hours worked, La Mirage Inn Hollywood requires employees to accurately record their hours worked during each workday.
All nonexempt employees are required to use a Clock in at beginning of shift, clock out for lunch, clock back in to return to work, clock out at end of shift to record time worked for payroll purposes. If you are a nonexempt employee, all time worked must be accurately reported on your time record.
You must record your own time at the start and at the end of each work period. You must clock out for your meal period and record the start and end of the meal period.
You will be required to certify that your time record is accurate and either:
• Verify that you have been relieved of all duty and otherwise provided all of your meal periods and rest breaks during a particular pay period; or
• Identify any meal periods or rest breaks that you have missed.
Any changes or corrections made to your time record must be reviewed and verified by a supervisor.
Under no circumstances may any employee record or punch another employee’s timecard or timesheet. Such conduct is subject to disciplinary action.
Any errors on your timecard should be reported immediately to your supervisor.
Please also refer to La Mirage Inn Hollywood’s meal and rest periods policy.
Off-the-Clock Work
You are not allowed to work “off the clock.” This includes, for example, checking emails or messages before or after your shift, performing work in the morning before clocking in, running work errands after your shift ends, or performing any work-related task off the clock, even if small or seemingly trivial. Working off the clock violates company policy.
Any work performed before or after a regularly scheduled shift, including overtime, must be approved in advance by your supervisor.
If you perform any off-the-clock work without approval, you must report the work to your supervisor to be paid appropriately in accordance with state law. Failure to report off-the-clock work may result in discipline.
You also must record your time whenever you leave the building for any reason other than La Mirage Inn Hollywood business.
Health and Safety
All employees are responsible for their own safety, as well as that of others in the workplace. To help us maintain a safe workplace, everyone must be safety-conscious at all times. Report all work-related injuries or illnesses immediately to your supervisor or to the Hotel General Manager. In compliance with California law, and to promote the concept of a safe workplace, La Mirage Inn Hollywood maintains an Injury and Illness Prevention Program. The Injury and Illness Prevention Program is available for review by employees and/or employee representatives in the general manager’s office. In compliance with Proposition 65, La Mirage Inn Hollywood will inform employees of any known exposure to a chemical known to cause cancer or reproductive toxicity.
Heat Illness
The company is concerned with employee health and safety and maintains detailed heat illness prevention procedures as part of its Injury and Illness Prevention Program.
Employees working in some indoor settings may be exposed to high temperatures. To help ensure employee safety and prevention of heat illness when indoor temperatures reach or exceed 82 degrees Fahrenheit, the company will follow all required indoor heat illness prevention procedures. All supervisors are trained in the recognition and prevention of heat illness in these settings. The company will implement control measures to keep workers safe, including engineering and administrative controls as well as heat protective equipment as needed and detailed in the company’s heat illness prevention procedures. Employees who work in these settings are encouraged to frequently drink water. Employees are also allowed and encouraged to take preventative cool-down breaks in designated cool-down areas when needed to protect themselves from overheating. These preventative cool-down rests are paid time.
Please refer to the company’s Injury Illness and Prevention Program or talk to your supervisor for details on how to ensure you are protected from heat illness dangers.
Recreational Activities and Programs
La Mirage Inn Hollywood or its insurer will not be liable for payment of workers’ compensation benefits for any injury that arises out of an employee’s voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee’s work-related duties.
Workplace Violence Prevention
La Mirage Inn Hollywood has adopted the following workplace violence prevention policy as part of its workplace violence prevention plan and overall strategy to help ensure a safe working environment for all employees.
Zero Tolerance Policy
Our company has zero tolerance for acts of workplace violence and threats of workplace violence by employees, supervisors or third parties on company property. Without exception, acts and threats of violence are not permitted. All such acts and threats, even those made in apparent jest, will be taken seriously, and will lead to discipline up to and including termination.
Prohibited Conduct
For purposes of this policy, and consistent with California law, workplace violence means any act of violence or threat of violence that occurs in a place of employment. This includes, but is not limited to, the following:
• The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma or stress, regardless of whether the employee sustains an injury.
• An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.
“Threat of violence” means any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, other online posts, or any behavioral or physical conduct that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose.
Any conduct that constitutes workplace violence as defined above is prohibited. This may include, but is not limited to, for example:
• Making threatening remarks (written or verbal).
• Aggressive or hostile acts toward others that serve no legitimate purpose, such as shouting, using profanity, throwing objects at another person, fighting or intentionally damaging a coworker’s property.
• Bullying, intimidating or harassing another person (for example, making obscene phone calls, or using threatening body language or gestures, such as standing close to someone or shaking your fist at them).
• Behavior that causes another person emotional distress or creates a reasonable fear of injury, such as stalking.
• Assault.
La Mirage Inn Hollywood also prohibits employees from possessing any non-work-related weapons of any kind at the worksite and at company-sponsored events. This includes, for example, but is not limited to:
• Guns;
• Knives;
• Explosives; and
• Other items with the potential to inflict harm that have no legitimate work-related purpose.
Reporting Workplace Violence Concerns and Incidents
La Mirage Inn Hollywood is committed to enforcing this policy against all forms of workplace violence. The effectiveness of our company’s efforts depends in large part on employees telling the company about workplace violence hazards/risks and workplace violence incidents.
Therefore, La Mirage Inn Hollywood expects and encourages employees to participate in the identification, evaluation and correction of potential workplace violence hazards, i.e., worksite conditions that may have some risk factor for workplace violence so that the company can take appropriate corrective action to provide a safer workplace.
Additionally, if you are the target of workplace violence or witness any instance of workplace violence in violation of this policy, you should report it immediately.
You may report a workplace violence hazard, risk, incident, or any other workplace violence concern or information in the following way(s):
• Report the information directly to a supervisor.
When reporting a workplace violence hazard, risk, incident or other concern, please be as specific as possible. La Mirage Inn Hollywood will timely evaluate and correct workplace violence hazards, will thoroughly investigate all reports of workplace violence incidents and take appropriate corrective action, which may include, but is not limited to: discipline or termination of employment and, where circumstances warrant such actions, contacting law enforcement and/or seeking a restraining order.
The company will not retaliate against anyone for submitting information concerning workplace violence, including reporting a workplace violence incident, nor will it tolerate or permit retaliation by management, employees or coworkers for submitting such information.
Workplace Violence Prevention Plan
This policy is an important part of the company’s overall strategy to ensure a safe working environment, but it does not contain every detail of the company’s workplace violence prevention procedures, which are described in detail in the company’s workplace violence prevention plan. To obtain more information about the company’s plan, or to access or obtain a copy of the plan, please contact Hotel General Manager.
Involuntary Termination and Progressive Discipline
Violation of La Mirage Inn Hollywood policies and rules may warrant disciplinary action. The Company has a system of progressive discipline that may include verbal warnings, written warnings, and suspension. The system is not formal, and La Mirage Inn Hollywood may, in its sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to, and including, immediate termination of employment. The Company’s policy of progressive discipline in no way limits or alters the at-will employment relationship.
Voluntary Resignation
Voluntary resignation results when an employee voluntarily quits their employment at La Mirage Inn Hollywood, or fails to report to work for three consecutively scheduled workdays without notice to, or approval by, their supervisor (unless the absence is protected by law). All Company-owned property, including vehicles, keys, uniforms, identification badges, and credit cards, must be returned immediately upon termination of employment.