Internal:Employment policy

Status: Draft

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.

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 The policy of employment at will may be superseded only by a written employment agreement approved by the Board of Directors of Wikimedia District of Columbia.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 - HIRING

1. Employment by Merit. Employment at Wikimedia District of Columbia is based wholly on qualifications, competence, experience, training, and fitness for the job.

2. Non-Discrimination. All staff members involved in the hiring process shall comply with the applicable provisions of Wikimedia District of Columbia's Non-Discrimination Policy at all times.

3. Job Openings and Recruitment. The President of Wikimedia District of Columbia is responsible for disseminating information regarding job openings, and for conducting the recruitment, screening, and selection process.

4. Offers of Employment. Each applicant selected for employment by Wikimedia District of Columbia shall receive an offer of employment letter which shall outline job title, salary, and any additional compensation and benefits.

5. Orientation. The President of Wikimedia District of Columbia is responsible for providing orientation for new employees. Orientation shall include, at minimum, a review of the following items:

(a) The employee's title, responsibilities, and work hours;

(b) The employee's salary, benefits, and other compensation; and

(c) The employment-related policies of Wikimedia District of Columbia.

6. Receipt of Policies. Each new employee shall receive a copy of all employment-related policies of Wikimedia District of Columbia, and shall be required to sign a statement acknowledging receipt of said policies.

ARTICLE IV - 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 V - EMPLOYEE CONDUCT

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

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

3. 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, cannabis, 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 VI – CONSENSUAL RELATIONSHIPS

1. Discouraged. Wikimedia DC strongly discourages romantic or sexual relationships between a management or other supervisory employee and his or her staff (an employee who reports directly or indirectly to that person), because such relationships tend to create compromising conflicts of interest or the appearance of such conflicts. In addition, such a relationship may give rise to the perception by others that there is favoritism or bias in employment decisions affecting the staff employee. Moreover, given the uneven balance of power within such relationships, consent by the staff member is suspect and may be viewed by others or, at a later date, by the staff member themselves as having been given as the result of coercion or intimidation. The atmosphere created by such appearances of bias, favoritism, intimidation, or coercion or exploitation undermines the spirit of trust and mutual respect which is essential to a healthy work environment.

2. Burden of Proof. In all cases, the burden of proving sexual harassment rests with the accuser. However, when charges of harassment are brought by the subordinate employee during or subsequent to such a relationship, and the supervisor claims that the relationship was consented to by the employee, the burden to prove that the relationship was consensual and voluntary shall rest with the supervisor.

3. Notification. If any Wikimedia DC employee enters into a consensual relationship which is romantic or sexual in nature with a member of his or her staff (an employee who reports directly or indirectly to him or her), or if one of the parties is in a supervisory capacity in the same department in which the other party works, the parties must notify the President. Although the parties may feel that what they do during non-working hours is their business and not the business of the company, because of potential issues regarding "quid pro quo" harassment, Wikimedia DC has made this a mandatory requirement. This requirement does not apply to employees who do not work in the same department, nor to parties who do not supervise or otherwise manage responsibilities over the other.

4. Actions with Respect to Consensual Sexual Relationships. Once the relationship is made known to the President, he or she shall review the situation in light of all the facts (including the reporting relationship between the parties, the effect on coworkers, and the job titles of the parties), and shall determine whether one or both parties need to be moved to another job or department. If it is determined that one party must be moved, and there are jobs in other departments available for both, the parties may decide who will be the one to apply for a new position. If the parties cannot amicably come to a decision, or the party is not chosen for the position to which he or she applied, the parties shall contact the President, who shall decide which party should be moved. That decision will be based on which move will be least disruptive to the organization as a whole. If it is determined that one or both parties must be moved, but no other jobs are available for either party, the parties will be given the option of terminating their relationship or resigning.

ARTICLE VII - 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 VIII - 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.