Difference between revisions of "Employment policy"

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(→‎ARTICLE III - TERMINATIONS: "whistleblower policy" --> any policy that bans retaliatory firing)
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==ARTICLE I - GENERAL==
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==ARTICLE I - SCOPE==
1. <u>Scope</u>. This policy details the policies for the hired employees of Wikimedia District of Columbia. The Board of Directors may, at its discretion, require independent contractors to adhere to all or part of this policy; such requirements shall not be construed as creating an employment arrangement. For the purposes of this policy, "office work" includes work done at official events as well as all online work.
 
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1. <u>Scope</u>. This Employment Policy ("Policy") details the employment regulations and practices of Wikimedia District of Columbia.
   
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2. <u>Applicability</u>. The provisions of this Policy shall apply to all past, present, and future employees of Wikimedia District of Columbia, whether paid or unpaid.
2. <u>Rights of Management</u>. Wikimedia District of Columbia retains the exclusive right to hire, direct and schedule the work force; to plan, direct and control operations; to discontinue or reorganize or combine any department or branch of operations with any consequent reduction or other changes in the work force; to hire and terminate employees; to promulgate rules and regulations; to introduce new or improved methods or facilities regardless of whether or not the same causes a reduction in the work force and in all respects to carry out, in addition, the ordinary and customary functions of management. None of these rights shall be exercised in a capricious or arbitrary manner.
 
   
 
==ARTICLE II - EMPLOYMENT AT WILL==
3. <u>Orientation</u>. It is the responsibility of the President or a designated supervisor or department head to provide orientation for new employees. Orientation includes the following: review of the employee's job description and core standards for evaluation; review of these personnel policies and practices; review of general policies and procedures of Wikimedia District of Columbia; and review of the employee's job title, salary and compensation agreements, work hours, time sheets and other record-keeping methods and pay practices, standards for employee conduct, attendance and punctuality.
 
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1. <u>Nature of Employment</u>. An employee’s employment with Wikimedia District of Columbia is a voluntary one and is subject to termination by the employee or by Wikimedia District of Columbia at will, with or without cause, and with or without notice, at any time.
   
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2. <u>Nature of Policy</u>. This Policy is not an employment contract and does not express or imply contractual obligations or assurance on the part of Wikimedia District of Columbia. This policy does not promise, and is not to be interpreted as promising, continued employment and does not limit the right of Wikimedia District of Columbia or any employee to terminate employment at any time with or without notice for any or no reason. Nothing in this Policy shall be interpreted to be in conflict with or to eliminate or modify in any way the employment-at-will status of Wikimedia District of Columbia employees.
4. <u>Probationary Period</u>. All new employees are required to serve a minimum 90-day probationary period during which employment may be terminated at the discretion of the President without recourse to any established procedures for termination. This period may be extended at the discretion of the supervisor. If the immediate supervisor and/or President find the probationary employee's work unsatisfactory, this should be indicated to the employee as early as possible in the probationary period. No formal statement of cause is required but an informal explanation would normally be expected. Employees do not begin to accrue leave and are not entitled to join any corporate benefit plans until the successful completion of the probation period. The President may authorize leave with pay for illness or other emergencies with the understanding that should the employee not continue with Wikimedia District of Columbia after the 90-day probation (or long enough to earn the advanced leave), Wikimedia District of Columbia would reduce the employee's last paycheck by said number of days.
 
   
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3. <u>Modification</u>. The policy of employment at will may be superseded only by a written employment agreement approved by the Board of Directors of Wikimedia District of Columbia. The policy may not otherwise be modified by any Officer or employee of Wikimedia District of Columbia.
5. <u>Resignations</u>. In the event of resignations after the probationary period employees are expected to give at least two weeks' notice. An employee who gives notice of resignation shall be entitled to receive payment for unused vacation accrued on the effective date of resignation.
 
   
==ARTICLE II - COMPENSATION==
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==ARTICLE III - COMPENSATION==
1. <u>Salary and Compensation</u>. Salaries are to be set by the Board of Directors. An annual review of salaries shall take place, with adjustments being made to the pay scale as necessary. In setting salaries, consideration should be given to the going rate for comparable work in the nonprofit sector, the need to attract talented employees who will advance the mission of Wikimedia District of Columbia, and the cost of living in the Washington, DC metropolitan area. All salary increases shall be made conditional upon raising sufficient money to cover the projected budget. The payment of bonuses is forbidden under the Internal Revenue Code.
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1. <u>Salaries and Wages</u>. All salaries and wages shall be set by the Board of Directors. In setting salaries, the Board of Directors shall consider the going rate for comparable work in the nonprofit sector, the need to attract talented employees who will advance the mission of Wikimedia District of Columbia, and the cost of living in the Washington, DC metropolitan area.
   
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2. <u>Annual Reviews</u>. An annual review of salaries and wages shall take place, with adjustments being made to the pay scale as necessary. All salary increases shall be contingent upon the availability of sufficient funds.
2. <u>Reimbursement for Expenses</u>. Reimbursement for expenses incurred in performing official duties shall be requested through the submission of an expense claim form to the Treasurer with adequate documentation of expenses. Employees are automatically entitled to reimbursement for necessary office supplies and travel required in the course of duty. Reimbursement for other office expenses are allowed with the approval of the supervisor.
 
   
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3. <u>Bonuses</u>. No bonuses or other performance incentives shall be paid to any employee of Wikimedia District of Columbia.
3. <u>Payroll</u>. The Treasurer, or his or her designee, shall maintain a payroll and withhold taxes as required by law. Payment shall be disbursed from a designated payroll account on a biweekly basis.
 
   
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4. <u>Leave</u>. All employees shall be eligible for paid and unpaid leave, as described in Wikimedia District of Columbia's [[Employee attendance and leave policy|Employee Attendance and Leave Policy]].
==ARTICLE III - TERMINATIONS==
 
1. <u>At-Will Employment</u>. Wikimedia District of Columbia, as an at-will employer, may dismiss any employee at any time for any cause or no cause, except where such dismissal would constitute unlawful discrimination or retaliation prohibited by the corporation's policies. Where feasible, the President or appropriate supervisor should seek to resolve problems which arise from employee conduct before considering termination.
 
   
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5. <u>Other Compensation</u>. No other benefits or compensation shall be granted to any employee, except as specifically authorized by the Board of Directors.
2. <u>No Severance Pay</u>. Wikimedia District of Columbia does not provide severance pay.
 
   
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==ARTICLE IV - EMPLOYEE CONDUCT==
3. <u>Upon Termination</u>. Upon termination, the key to the office should be turned in to the President or another member of the senior staff on the last day of employment. The employee is also responsible to give a status report on all current work, present files, records, and other materials in a clear manner to the President or a delegated representative.
 
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1. <u>Compliance with Policies</u>. All employees are required to comply with all policies of Wikimedia District of Columbia at all times.
   
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2. <u>Definitions</u>. As used in this Policy, the following terms have the indicated meaning:
Appendix: The following constitutes a non-exhaustive list of potential circumstances which may result in employment termination:
 
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:(a) "Property" shall be defined as any item, such as a computer, furnishing, vehicle, building, supply, or piece of information, that is leased, owned, donated or otherwise in the custodial care of Wikimedia District of Columbia or any person acting as its agent.
: a. Neglect of duties.
 
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:(b) "Confidential information" shall be defined as any information in the possession of Wikimedia District of Columbia that is marked with "confidential", "proprietary", "sensitive", or a similar legend.
: b. Absence without leave or failure to report after authorized leave has expired or after such leave has been disapproved.
 
: c. Physical or mental incapacity to perform his/her duties.
 
: d. Insufficiency in the performance of duties as reflected in the evaluation.
 
: e. Violation of lawful directives (written or verbal), policy or direction given by an immediate supervisor, or the failure to obey any lawful or reasonable direction when such violation amounts to insubordination or serious breach of discipline.
 
: f. Conduct unbecoming to an employee of Wikimedia District of Columbia during working hours, which may discredit the organization.
 
: g. Offensive conduct or language toward the public or community, supervisor or administrative personnel.
 
: h. Criminal, disorderly or immoral conduct while on duty.
 
: i. The violation of policies or directives of the Wikimedia District of Columbia Board of Directors.
 
: j. Negligence or willful damage to corporate property or waste of agency, supplies, and equipment.
 
: k. Misrepresentations or false statements on applications, or Wikimedia District of Columbia programs or operations.
 
: l. Intoxication/use of drugs during working hours and not in control of mental or physical faculties.
 
   
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3. <u>Use of Property</u>. No employee shall use Wikimedia District of Columbia property for personal use. Should permission be granted, the employee is responsible for the return and care of the loaned property. Special care should be taken to identify any concerns regarding its condition before the property is removed and/or used. Any employee who has knowledge of any misuse of Wikimedia District of Columbia property is required to notify the President immediately.
==ARTICLE IV - GRIEVANCES==
 
1. <u>Informal Process</u>. Whenever an individual believes that a situation, condition, or event related to their employment or status is unsatisfactory, and is subject to the control of Wikimedia District of Columbia, they will be expected and encouraged to take every reasonable step to resolve their complaints informally. These efforts must include discussions with the President and/or immediate supervisor. Efforts to resolve a grievance at the informal stage is mandatory and all parties shall exercise their best efforts to determine an equitable solution to the grievance, complaint or problem.
 
   
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4. <u>Confidential Information</u> Access to confidential information shall be granted on a need-to-know basis. No employee shall knowingly disclose such information to any party, whether within or outside Wikimedia District of Columbia, without the authorization of the President.
2. <u>Formal Process</u>. If all reasonable, informal efforts to resolve a complaint fail, the individual may formalize the complaint as a grievance by placing the complaint in writing; stating specifically the nature, the dates and times and the alleged problem; listing the individuals thought to be responsible; and stating concisely the relief or remedy sought for the grievance. All grievances shall be signed by the individual submitting the matter for review. The individual shall file any formal grievance within two weeks from the time the grievance is, or reasonably known. The individual shall submit the written formal grievance to the President who shall acknowledge its receipt in writing and shall conduct an appropriate inquiry or investigation into the facts. The President in conjunction with the Board may grant the grievance, deny the relief requested, or provide such other remedy as is deemed just and reasonable. The President's decision shall list the findings, the reasons for the conclusions reached, and the proposed resolution and shall be issued no later than two weeks after the receipt of the grievance.
 
All grievance matters become a formal insert into an employee's personnel folder. The informal process described above, if followed and resolution is reached, need not be part of such records.
 
   
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5. <u>Public Statements</u>. No employee shall make any public statement on behalf of Wikimedia District of Columbia without the authorization of the President.
==ARTICLE V - OTHER REGULATIONS==
 
1. <u>Staff Meetings</u>. Staff are required to attend scheduled meetings as needed.
 
   
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6. <u>Drug-Free Workplace</u>. Whenever employees are working at Wikimedia District of Columbia, operating any Wikimedia District of Columbia vehicle, present on Wikimedia District of Columbia premises, or conducting Wikimedia District of Columbia-related work off-site, they are prohibited from using, possessing, buying, selling, manufacturing or dispensing any illegal drug or drug paraphernalia; or being under the influence of alcohol or any illegal drug. Any illegal drugs or drug paraphernalia shall be turned over to an appropriate law enforcement agency and may result in criminal prosecution.
2. <u>Copyright</u>. In consideration of Wikimedia District of Columbia's mission and goals, all employees shall continue to own the copyright to their work, so long as said work is made available under the Creative Commons Attribution ShareAlike license.
 
   
 
==ARTICLE V - TERMINATION==
3. <u>Representation</u>. Formal representation (like staff participating on Boards as) and public statements, both written and verbal regarding Wikimedia District of Columbia shall be made only with the approval of the President. These include press releases, interviews, proposals, speeches, training sessions, advertisements, brochures and other public relations materials.
 
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1. <u>Resignation</u>. An employee who wishes to terminate his or her employment with Wikimedia District of Columbia is required to submit a written statement of resignation to the President. The employee's employment shall terminate upon the date indicated in such statement, or immediately upon receipt of said statement if no date is indicated.
   
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2. <u>Severance Pay</u>. No employee shall be eligible to receive severance pay upon termination, except as specifically authorized by the Board of Directors.
4. <u>Drug-Free Workplace</u>. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited at Wikimedia District of Columbia. Employment will be immediately terminated if any employee is found to be engaged in any such activities. In the event that any employee has a problem with alcohol or drug abuse and wishes to participate in a rehabilitation or special assistance program, the employee should speak to a member of the management team. Wikimedia District of Columbia will work with the employee to find appropriate treatment.
 
   
 
3. <u>Payment for Unused Vacation</u>. Any employee who provides at least two weeks' notice prior to termination shall be entitled to receive payment for all unused vacation accrued as of the effective date of termination.
5. <u>Network Security</u>. Employees have access to trusted networks and computer accounts. It is the responsibility of the employee to prevent unauthorized access to such networks and computers. If any suspected breach takes place, it must be reported to an appropriate supervisor immediately.
 
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4. <u>Return of Property</u>. Upon termination, the employee shall return any Wikimedia District of Columbia property in his or her possession to the President. The employee's final paycheck, if any, may be withheld until such time as this property is returned.
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==ARTICLE VI - GRIEVANCES==
 
1. <u>Informal Process</u>. Whenever an employee believes that a situation, condition, or event related to their employment or status is unsatisfactory, and is subject to the control of Wikimedia District of Columbia, they are expected and encouraged to take every reasonable step to resolve their complaints informally through discussions with the President and/or the employee's immediate supervisor. All parties to this informal process shall exercise their best efforts to determine an equitable solution to the grievance, complaint or problem.
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2. <u>Formal Process</u>. If all reasonable, informal efforts to resolve a complaint fail, the individual may formalize the complaint as a grievance by placing the complaint in writing; stating specifically the nature, the dates and times and the alleged problem; listing the individuals thought to be responsible; and stating concisely the relief or remedy sought for the grievance. All grievances shall be signed by the individual submitting the matter for review. The individual shall submit the written formal grievance to the President, who shall acknowledge its receipt in writing and shall conduct an appropriate inquiry or investigation into the facts. The President, in conjunction with the Board of Directors, may grant the grievance, deny the relief requested, or provide such other remedy as is deemed just and reasonable. The President's decision shall list the findings, the reasons for the conclusions reached, and the proposed resolution, and shall be issued no later than two weeks after the receipt of the grievance.
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==ARTICLE VII - ADMINISTRATIVE PROVISIONS==
 
1. <u>Payroll</u>. The Treasurer, or his or her designee, shall maintain a payroll and withhold taxes as required by law. Payment shall be disbursed from a designated payroll account on a bi-weekly basis.
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2. <u>Reimbursement for Expenses</u>. Reimbursement for expenses incurred by an employee in performing his or her official duties shall be requested through the submission of an expense claim form to the Treasurer. No reimbursement shall be paid unless adequate documentation of the expense is provided by the employee. It is the responsibility of the employee to secure authorization for an expense prior to incurring it; unauthorized expenses shall not be reimbursed.

Revision as of 18:03, 4 May 2012

ARTICLE I - SCOPE

1. Scope. This Employment Policy ("Policy") details the employment regulations and practices of Wikimedia District of Columbia.

2. Applicability. The provisions of this Policy shall apply to all past, present, and future employees of Wikimedia District of Columbia, whether paid or unpaid.

ARTICLE II - EMPLOYMENT AT WILL

1. Nature of Employment. An employee’s employment with Wikimedia District of Columbia is a voluntary one and is subject to termination by the employee or by Wikimedia District of Columbia at will, with or without cause, and with or without notice, at any time.

2. Nature of Policy. This Policy is not an employment contract and does not express or imply contractual obligations or assurance on the part of Wikimedia District of Columbia. This policy does not promise, and is not to be interpreted as promising, continued employment and does not limit the right of Wikimedia District of Columbia or any employee to terminate employment at any time with or without notice for any or no reason. Nothing in this Policy shall be interpreted to be in conflict with or to eliminate or modify in any way the employment-at-will status of Wikimedia District of Columbia employees.

3. Modification. The policy of employment at will may be superseded only by a written employment agreement approved by the Board of Directors of Wikimedia District of Columbia. The policy may not otherwise be modified by any Officer or employee of Wikimedia District of Columbia.

ARTICLE III - COMPENSATION

1. Salaries and Wages. All salaries and wages shall be set by the Board of Directors. In setting salaries, the Board of Directors shall consider the going rate for comparable work in the nonprofit sector, the need to attract talented employees who will advance the mission of Wikimedia District of Columbia, and the cost of living in the Washington, DC metropolitan area.

2. Annual Reviews. An annual review of salaries and wages shall take place, with adjustments being made to the pay scale as necessary. All salary increases shall be contingent upon the availability of sufficient funds.

3. Bonuses. No bonuses or other performance incentives shall be paid to any employee of Wikimedia District of Columbia.

4. Leave. All employees shall be eligible for paid and unpaid leave, as described in Wikimedia District of Columbia's Employee Attendance and Leave Policy.

5. Other Compensation. No other benefits or compensation shall be granted to any employee, except as specifically authorized by the Board of Directors.

ARTICLE IV - EMPLOYEE CONDUCT

1. Compliance with Policies. All employees are required to comply with all policies of Wikimedia District of Columbia at all times.

2. Definitions. As used in this Policy, the following terms have the indicated meaning:

(a) "Property" shall be defined as any item, such as a computer, furnishing, vehicle, building, supply, or piece of information, that is leased, owned, donated or otherwise in the custodial care of Wikimedia District of Columbia or any person acting as its agent.
(b) "Confidential information" shall be defined as any information in the possession of Wikimedia District of Columbia that is marked with "confidential", "proprietary", "sensitive", or a similar legend.

3. Use of Property. No employee shall use Wikimedia District of Columbia property for personal use. Should permission be granted, the employee is responsible for the return and care of the loaned property. Special care should be taken to identify any concerns regarding its condition before the property is removed and/or used. Any employee who has knowledge of any misuse of Wikimedia District of Columbia property is required to notify the President immediately.

4. Confidential Information Access to confidential information shall be granted on a need-to-know basis. No employee shall knowingly disclose such information to any party, whether within or outside Wikimedia District of Columbia, without the authorization of the President.

5. Public Statements. No employee shall make any public statement on behalf of Wikimedia District of Columbia without the authorization of the President.

6. Drug-Free Workplace. Whenever employees are working at Wikimedia District of Columbia, operating any Wikimedia District of Columbia vehicle, present on Wikimedia District of Columbia premises, or conducting Wikimedia District of Columbia-related work off-site, they are prohibited from using, possessing, buying, selling, manufacturing or dispensing any illegal drug or drug paraphernalia; or being under the influence of alcohol or any illegal drug. Any illegal drugs or drug paraphernalia shall be turned over to an appropriate law enforcement agency and may result in criminal prosecution.

ARTICLE V - TERMINATION

1. Resignation. An employee who wishes to terminate his or her employment with Wikimedia District of Columbia is required to submit a written statement of resignation to the President. The employee's employment shall terminate upon the date indicated in such statement, or immediately upon receipt of said statement if no date is indicated.

2. Severance Pay. No employee shall be eligible to receive severance pay upon termination, except as specifically authorized by the Board of Directors.

3. Payment for Unused Vacation. Any employee who provides at least two weeks' notice prior to termination shall be entitled to receive payment for all unused vacation accrued as of the effective date of termination.

4. Return of Property. Upon termination, the employee shall return any Wikimedia District of Columbia property in his or her possession to the President. The employee's final paycheck, if any, may be withheld until such time as this property is returned.

ARTICLE VI - GRIEVANCES

1. Informal Process. Whenever an employee believes that a situation, condition, or event related to their employment or status is unsatisfactory, and is subject to the control of Wikimedia District of Columbia, they are expected and encouraged to take every reasonable step to resolve their complaints informally through discussions with the President and/or the employee's immediate supervisor. All parties to this informal process shall exercise their best efforts to determine an equitable solution to the grievance, complaint or problem.

2. Formal Process. If all reasonable, informal efforts to resolve a complaint fail, the individual may formalize the complaint as a grievance by placing the complaint in writing; stating specifically the nature, the dates and times and the alleged problem; listing the individuals thought to be responsible; and stating concisely the relief or remedy sought for the grievance. All grievances shall be signed by the individual submitting the matter for review. The individual shall submit the written formal grievance to the President, who shall acknowledge its receipt in writing and shall conduct an appropriate inquiry or investigation into the facts. The President, in conjunction with the Board of Directors, may grant the grievance, deny the relief requested, or provide such other remedy as is deemed just and reasonable. The President's decision shall list the findings, the reasons for the conclusions reached, and the proposed resolution, and shall be issued no later than two weeks after the receipt of the grievance.

ARTICLE VII - ADMINISTRATIVE PROVISIONS

1. Payroll. The Treasurer, or his or her designee, shall maintain a payroll and withhold taxes as required by law. Payment shall be disbursed from a designated payroll account on a bi-weekly basis.

2. Reimbursement for Expenses. Reimbursement for expenses incurred by an employee in performing his or her official duties shall be requested through the submission of an expense claim form to the Treasurer. No reimbursement shall be paid unless adequate documentation of the expense is provided by the employee. It is the responsibility of the employee to secure authorization for an expense prior to incurring it; unauthorized expenses shall not be reimbursed.