U.S. HOUSE OF REPRESENTATIVES
EMPLOYEE HANDBOOK
FOR THE OFFICE OF _____________________
Revised: September 1999
ACKNOWLEDGMENT OF RECEIPT OF EMPLOYEE HANDBOOK
FOR THE OFFICE OF_______________________
I acknowledge that I have received a copy of the
Employee Handbook for the Office of , and that I
have read and understand the contents of the handbook.
I understand the handbook is intended to provide
me with general information about policies and procedures
of the Office that govern my employment.
I acknowledge and understand that
employment with the Office is at-will and that all
employees serve at the pleasure of the Office. Accordingly,
I have the right to resign from my position, at
any time, and the Office can terminate my employment
relationship, with or without cause, or with or
without notice, at any time, except, of course,
the Office cannot terminate my employment for discriminatory
reasons in violation of applicable federal law or
Rules of the House of Representatives. I understand
that by signing this Acknowledgment I do not waive
my rights under applicable federal law or the Rules
of the House of Representatives.
I also understand and acknowledge
that the office may unilaterally change or revise,
with or without notice, its policies and practices,
and such changes may affect the benefits provided
therein. Moreover, I understand and acknowledge
that the contents of employee handbooks, personnel
manuals, benefit plans, policy statements, and the
like as they may exist from time-to-time, or other
employment practices, shall not serve to create
an actual or implied contract of employment, or
to confer any right to remain an employee of the
office, or otherwise to change in any respect the
employment-at-will relationship between the office
and myself.
I acknowledge that no one in the
Office is authorized to make exception to this understanding,
except , who must do so in writing.
________________________________
(Signature of Employee)
________________________________
(Date)
________________________________
(Member or Designee)
PURPOSE
OF THE HANDBOOK
This handbook has been prepared
to summarize the personnel policies and procedures
that are applicable to employees of the Office of
("the Office"). You should read the information
in this handbook promptly and thoroughly so that
you have an understanding of the policies and procedures
of the Office. This handbook, however, cannot anticipate
every situation or answer every question about your
employment; it can provide only an overview of policies
and procedures. It is not an express or implied
employment contract or legal document, nor should
its contents be considered a strict interpretation
of the policies, procedures or benefits that are
described in this handbook.
This handbook is effective as of
, and it supersedes any and all prior employee handbooks
and personnel policies.
In order to meet changing circumstances,
the Office reserves the right to change, revise,
or rescind any of the policies, procedures or benefits
described in this handbook (other than the at-will
nature of the employment relationship) whenever,
in its sole discretion, the Office deems it appropriate
to do so. Policies and procedures are subject to
interpretation by the Office, and exceptions may
be made in individual cases at the discretion of
___________________.
In addition to the policies contained
in this handbook, every employee of the Office has
a duty to comply with all applicable Federal laws,
Rules of the House of Representatives, the mandates
of the of the House Ethics Manual, and Regulations
of the Committee on House Oversight (including those
contained in the Members. Congressional Handbook).
TABLE OF CONTENTS
I.
POLICIES AND PROCEDURES....................................................................1
Management
Rights.........................................................................................
1
Statement
of Equal Employment Opportunity Policy........................................
2
Personnel
Records..........................................................................................
.3
Nepotism..........................................................................................................
4
Payroll................................................................................................................5
Attendance
Policy..............................................................................................
6
Job
Abandonment....................................................................................6
Office
Hours.............................................................................................6
Lunch
Period...........................................................................................
7
Snow
Days and Other Contingencies..........................................................................................
7
Time
and Attendance Records.................................................................
7
Employee
Classification......................................................................................
8
Overtime
for Non-Exempt Employees.................................................................
9
Conflicts
of Interest/Ethics in Government Act...................................................
10
Outside
Employment...........................................................................................
11
Political
Activities..................................................................................................
12
Domestic/Foreign
Gifts and Travel........................................................................
13
Reimbursement
for Official Expenses....................................................................
14
The
Frank..............................................................................................................
15
Mass
Mailings.........................................................................................................
16
Drug
and Alcohol Abuse Policy................................................................................
17
Voluntary
Treatment and Counseling............................................................17
Non-Discrimination
Policy..............................................................................
17
Fitness
for Duty............................................................................................
18
Discipline
for Violation of This Policy.............................................................
18
Smoking
Policy........................................................................................................
19
Recycling
Policy.......................................................................................................
20
Use
of Official Stationery........................................................................................
21
Safety
and Security Policy.......................................................................................
22
Office
Property........................................................................................................
23
Emergencies............................................................................................................
24
Computer
Policy.......................................................................................................25
Electronic
Mail Policy...............................................................................................
26
Media
Relations.......................................................................................................
27
Open
Door Policy......................................................................................................28
Confidentiality..........................................................................................................29
Anti-harassment
and Anti-discrimination Policy........................................................30
Definition
of Sexual Harassment...................................................................
30
Other
Kinds of Harassment............................................................................31
Employee.
s Responsibility.............................................................................31
Procedures.....................................................................................................31
Performance
Reviews..............................................................................................
33
Employee
Conduct and Discipline..............................................................................34
Dress
Code.....................................................................................................34
Discipline.........................................................................................................34
Insubordination...............................................................................................34
Misconduct.......................................................................................................35
Termination
of Employment.........................................................................................37
II.
LEAVE POLICIES...................................................................................................38
Holidays.......................................................................................................................38
Leave
Policy.................................................................................................................39
Annual
Leave.....................................................................................................39
Sick
Leave..........................................................................................................40
Parental
Leave ..................................................................................................40
Religious
Holidays..............................................................................................42
Bereavement
Leave...........................................................................................42
Military
and Federal Emergency Task Force Duty...............................................43
Jury
and Witness Duty.......................................................................................43
Leave
Without Pay (LWOP).................................................................................44
Furlough..............................................................................................................44
Family
and Medical Leave (FMLA).........................................................................44
Appendices
Appendix
A: Fact Sheet for Family and Medical
Leave Act (FMLA)
Appendix
B: Employee Request Form for Family
and Medical Leave
Appendix
C: Employee Leave Request Form
I. POLICIES AND PROCEDURES
Management Rights
The Office will strive to serve
the Member.s constituents with professionalism,
quality, and dedication. To reach its goals, the
Office reserves its prerogatives as an employer
to, at any time without prior notice, establish,
administer and change wages, benefits, practices
and procedures; direct and discipline the staff;
make decisions regarding recruitment, hiring, training,
assignment, transfer, promotion, demotion, layoff,
recall and retirement of employees; establish the
services to be rendered, and who shall perform the
work and at what rate; take action to maintain the
security of employees, facilities and property,
including without limitation, inspections, searches
and investigations in accordance with applicable
laws; establish starting and quitting times, the
number of hours, shifts and overtime to be worked;
discontinue or close down any part of or all of
the Office; expand, reduce, alter or combine any
one or more of the Office operations; and take whatever
other action is necessary in the Office.s judgment
to operate efficiently and effectively.
The failure to exercise these or
other management prerogatives shall not waive the
Office.s right to do so at any time in its discretion,
or preclude the Office from exercising any management
prerogative in ways other than those described above.
Statement of Equal Employment Opportunity Policy
The Office is an equal employment
opportunity employer and does not discriminate on
the basis of an individual.s race, color, religion,
sex, national origin, disability, veteran's status,
age or any other factors prohibited by federal law.
This includes all hiring, discharge, promotion,
pay, benefits, reassignment, and other personnel
actions affecting the terms, conditions, and privileges
of employment. However, the Office may consider
party affiliation, domicile and political compatibility
in making employment decisions.
Personnel Records
It is the policy of the Office to
keep personnel-related information maintained in
confidence to the greatest extent practicable. Information
from employee files will be released only as follows:
to the employee at his or her
request
to third parties, where required by judicial orders,
subpoenas and law enforcement requests;
to management with a need to know
Each current employee may review
his or her own file upon request and may request
copies of any or all information contained therein.
It is important that the Office
and the House Finance Office be informed on a timely
basis of any change with respect to the following:
Name
Address
Home telephone number
Whom to contact in case of injury or illness
Employment Eligibility (Form I-9)
It is your responsibility to inform the House Finance
Office on a timely basis of any change with respect
to the following:
Beneficiary designation (for
insurance and other benefit plans)
Number of dependents (for income tax withholding
and insurance status/eligibility purposes)
Marital status (for income tax withholding and
insurance status/eligibility purposes)
Any change in the number of exemptions you intend
to claim on your taxes.
Nepotism
Members and employees are prohibited
by law from appointing, promoting, or recommending
for appointment or promotion, their relatives, except
as discussed below. Individuals with the following
relationship to a Member may not be employed by
the Member:
aunt, half-sister,
son-in-law
brother, husband,
stepbrother
brother-in-law,
mother, stepdaughter
daughter, mother-in-law,
stepfather
daughter-in-law,
nephew, stepmother
father, niece,
stepsister
father-in-law,
sister, stepson
first cousin,
sister-in-law, uncle
half-brother,
son, wife
If, however, a House employee becomes
related to the employing member (by marriage), the
employee may remain on the Member's personal or
committee staff. Similarly, if a Member becomes
the employing authority of a relative who was fired
by someone else (e.g. the Member ascends to the
chairmanship of a Committee or subcommittee for
which the relative is already working), the relative
may remain on the payroll. However, the Member may
not then give that individual further promotions
or raises, other than cost-of-living or other across
the board adjustments. The statute does not prohibit
a Member from employing two individuals who are
related to each other, but not to the Member. (See
House Ethics Manual at pp. 186-88). Contact the
Committee on Standards of Official Conduct for further
information at x5-3787.
Every employee must certify relationship
to any Member of Congress on a certificate of relationship
form, available from Human Resources. If, at any
time, the relationship of an employee to a Member
of Congress changes, the employee must file an amended
certificate of relationship with the employing office.
Payroll
Employees are paid on a monthly
basis, generally at the end of each month worked.
Paychecks are issued on the last business day of
each month except in December when they are issued
on the 20th (unless the 20th falls on a Saturday
or Sunday, in which case they are issued on the
last business day preceding the 20th).
Checks will be mailed to the address
you supply to the House Finance Office. To prevent
lost checks and to guarantee receipt on time, you
may prefer to have your paycheck deposited directly
into a bank or savings account. To do so, contact
the House Finance Office, 263 Cannon HOB, x56514.
Attendance Policy
Attendance and punctuality are essential
to the efficient operation of the Office. It is
recognized that there are situations beyond an employee.
s control that may create absenteeism or tardiness.
However, the Office cannot tolerate frequent unauthorized
absences from work or tardiness in reporting to
work, because such actions disrupt schedules and
create a burden on fellow employees and the Office.
Moreover, a Member may not retain an employee on
the payroll who does not perform official duties
commensurate with the compensation received (See
House Rule XLIII paragraph (8)).
If you are absent from or tardy
for work for any reason, you must speak with your
supervisor (or if the supervisor is unavailable,
some other management employee), as early as possible
before the beginning of the workday or shift. An
employee who arrives more than _____ minutes after
his or her designated starting time is considered
tardy.
If you must leave work early, because
of illness or other unavoidable reasons, you are
responsible for personally notifying your supervisor
and obtaining approval before departure. Absenteeism
or tardiness that is considered to be excessive,
or failure to follow reporting procedures, may subject
an employee to appropriate disciplinary action up
to and including termination.
_________________ will track attendance
and will keep _____________ informed regarding the
above matters.
Job
Abandonment
If you anticipate an absence from
work, you should notify the Office as far in advance
as possible, so that work schedules and assignments
can be adjusted accordingly. If an employee is absent
from work for three consecutive work days without
notifying or obtaining advance approval from his
or her supervisor, it will be presumed that the
employee has abandoned his/her position and his
or her employment will be terminated, except under
extenuating circumstances.
Office
Hours
Regular hours of operation are from
_______ a.m. - ________ p.m., Monday through Friday.
Telephones must be fully staffed during Office hours.
The Office reserves the right to establish additional
or modified hours of operation depending on the
schedule of the House.
Lunch
Period
Lunch periods are established by
each person's immediate supervisor and, in all cases,
will be no longer than one hour, without prior approval
from the employee's supervisor. Exceptions to this
policy will be granted consistent with the Office's
leave policy, as discussed later in this handbook,
or in cases where a staff member is requested by
his or her supervisor to attend a function. Lunch
periods for employees are rotated to ensure coverage
of the telephones at all times.
Snow
Days and Other Contingencies
Employees are required to be at
work whenever the Office is open. When weather conditions
or other emergencies make it unsafe to travel to
and from work, the Office will be open for essential
services only. This policy goes into effect only
when media reports indicate federal government offices
are completely closed due to inclement weather,
or when _________________ has determined that the
Office will be closed. In such circumstances, leave
will be granted to those employees who, due to unsafe
weather conditions, are unable to report to work.
Time
and Attendance Records
Time and attendance records will
be kept for each employee. _________________ is
responsible for maintaining proper records for all
categories of leave and ensuring that time and attendance
are recorded and reported properly by the employees.
Employee Classification
Employees are classified into
one of the following two categories:
1. Employees who are Exempt
from the overtime requirements of the Fair Labor
Standards Act as incorporated by the Congressional
Accountability Act: Those who are not required
to be paid overtime for all hours worked in excess
of 40 hours in one workweek. Exempt employees
are expected to work whatever hours are necessary
to meet the job responsibilities and needs of
the Office.
2. Employees who are Non-Exempt
from the overtime requirements of the Fair Labor
Standards Act as incorporated by the Congressional
Accountability Act: Those who are required to
be compensated for all hours worked in excess
of 40 hours per week.
The employee classification determination
is based on the actual job duties and responsibilities
of the employee.
The workweek for the Office begins
[12:01 a.m. Sunday] and ends at [12:00 a.m. Saturday].
Overtime for Non-Exempt Employees
The basic workweek will consist
of 40 working hours for non-exempt employees. However,
your supervisor may ask you to work overtime or
to be available for duty other than during normal
work hours. Scheduling additional work hours requires
the approval of your supervisor or other appropriate
management personnel and a overtime preauthorization
form must be completed prior to working overtime.
Failure to secure permission from the appropriate
supervisor prior to working overtime may result
in disciplinary action, up to and including termination.
Conflicts
of Interest/Ethics in Government Act
All employees of the Office must
strictly comply with the provisions of the Ethics
in Government Act, House Rule XLIV and other applicable
House Rules regarding outside income, gifts, and
personal financial disclosure, if required. Moreover,
it is the responsibility of the employee to become
familiar with the requirements of House Ethics rules
as well as the requirements of House Rule XLIII.
Failure to comply may be grounds for dismissal.
The Committee on Standards of Official
Conduct has prepared forms for financial disclosure,
together with a detailed explanation of requirements
of the Ethics in Government Act. Questions regarding
financial disclosure may be directed to the Committee,
HT-2 The Capitol, x 57103.
Employees of the Office are not
to engage in conduct that constitutes a conflict
of interest or a potential conflict of interest.
In general, a "conflict of interest" is
any situation in which an employee. s conduct of
his or her job conflicts with his or her private
economic affairs. In addition, page 87 of the House
Ethics Manual extends the definition to situations
and circumstances which post a "risk of impairment
of impartial judgment."
Generally, acceptance of gifts,
other than from family and close personal friends,
is prohibited by House Rule LII. Therefore, you
must contact _________________ regarding any offers
of gifts, money, or other benefits offered by a
lobbyist or anyone that has dealings with the Office.
Contact the Office of Advice and
Education of the Committee on Standards of Official
Conduct at x53787 if you have even the slightest
concern that particular conduct, including the acceptance
of any gift, might constitute a conflict of interest
or a violation of House Rules or Federal law.
Employees should err on the side
of caution when confronted with a potential conflict
of interest and discuss the matter with their supervisor
and/or the Office of Advice and Education of the
Committee on Standards of Official Conduct.
Outside
Employment
Employees of the Office may not
secure employment outside the House that conflicts
with the performance of their official duties. Further,
House employees who engage in private employment
may not do so to the neglect of their congressional
duties, on Aofficial time@ for which a salary is
received from the United States Treasury, or if
the employment is gained through the improper use
of their official positions. It is the responsibility
of each employee to notify _________________ of
all outside employment.
In addition, certain employees face
limitations on outside employment and earned income
under House Rule XLVII. All employees assume full
responsibility for complying with House Rules and
federal law. Contact the Office of Advice and Education
at the Committee on Standards of Official Conduct
at x53787 if you have any questions about outside
employment.
Upon separation from employment
with the Office, certain employees are prohibited
from lobbying certain Members of Congress or their
staff for a period of at least (1) year. For more
information contact the Office of Advice and Education
of the Committee on Standards of Official Conduct
at x5-3787.
Political
Activities
Employees of the Office may engage
in campaign work only on their own time.
Official House property, equipment
and resources may not be used for campaign activities.
Campaign contributions may not be solicited on,
or for delivery to, House property.
The 2/28/96 Congressional Research
Service (CRS) publication Campaign Activities by
Congressional Employees, provides a good summary
of regulations that govern the participation of
House employees in campaigns and campaign fund-raising.
Domestic/Foreign
Gifts and Travel
Rules of the House and the Foreign
Gifts and Decorations Act govern your conduct relating
to travel to foreign countries and the acceptance
of gifts or hospitality from foreign nationals or
governments. Staff members are required to consult
with the Office of Advice and Education at the Committee
on Standards of Official Conduct at x53787 regarding
those laws and rules, and to notify __________________,
before traveling to foreign countries on House business
or accepting gifts from foreign nationals or governments.
Reimbursement
for Official Expenses
No employee may incur official expenses
without the prior approval of _________________.
Requests for reimbursement for official expenses
shall be on vouchers provided for such purposes
by the House Finance Office. Only requests for reimbursement
submitted in accordance with the Regulations of
the Committee on House Oversight as reflected in
the Members. Congressional Handbook will be processed
for payment.
The
Frank
The "frank" is the term
applied to the use of the signature of a Member
of Congress on mail in lieu of postage.
All staff of the Office should review
the publication Regulations on the Use of the Congressional
Frank, published by the Commission on Congressional
Mailing Standards (Franking Commission), before
sending any mail for the Office.
The frank is to be used only for
official business. Under no circumstances should
the frank or other official resources be used for
an employee's personal mail. This rule applies to
"inside mail" as well.
The frank cannot be used on mail
to foreign countries (other than via APO or FPO
boxes). Letters or documents to foreign officials
should be sent in care of the country's consulate
in the United States. If that is not possible, weigh
the letter/document and obtain the proper amount
of postage from ______________________.
For more information on franked
mail, see Official Mail Expenses, p. ____ of the
Members. Congressional Handbook as well as the House
Ethics Manual's discussion of the topic.
Questions regarding use of the frank,
and requests for advisory opinions on the frankability
of mail, should be submitted to the Commission on
Congressional Mailing Standards (Franking Commission),
140 Cannon HOB, x59337.
Mass
Mailings
The Office is required by House
Rule XLVI and 2 U.S.C. 59e(f) to seek an advisory
opinion as to whether proposed mass mailings are
in compliance with all applicable laws, rules and
regulations, from the Commission on Congressional
Mailing Standards (Franking Commission).
A mass mailing is generally defined
as any mailing of 500 items or more of substantially
identical content within any session of Congress.
Compliance with these requirements
is extremely important because the Office is responsible
for complying with all applicable provisions of
Federal law, House Rules, and Regulations of the
Commission on Congressional Mailing Standards and
the Committee on House Oversight.
Drug
and Alcohol Abuse Policy
The Office strictly prohibits the
unlawful manufacture, sale, distribution, dispensation,
possession, or use of controlled substances in the
workplace or while on paid time. This policy also
strictly prohibits all employees from being under
the influence of drugs (see discussion below for
prohibited drug use) or alcohol while on paid time
or while on workplace premises.
Prohibited drug use includes any
and all controlled substances except those taken
pursuant to a prescription. It also includes the
medically unauthorized taking of any prescription
drug as well as the use of prescription medications
illegally obtained or used in a manner inconsistent
with the direction of the prescribing physician.
Finally, prohibited drug use includes to the abuse
of over-the-counter medications used in a manner
inconsistent with its intended purpose so as to
affect the performance of the employee.
Voluntary
Treatment and Counseling
The Office encourages all employees
who need assistance in dealing with alcohol or
drug dependency problems to seek counseling through
the various private and public agencies and programs
that exist in their communities. Employees may
also seek assistance by contacting the Office
of Employee Assistance, x52400. Requests for voluntary
treatment and related matters will be kept as
confidential as possible, and, in accordance with
the law, the Office will reasonably accommodate
an employee's attempt to deal with dependency
problems. Employees may not, however, escape discipline
by requesting treatment or leave only after having
been notified of disciplinary action for violating
the Office's Drug and Alcohol Abuse Policy.
Non-Discrimination
Policy
The Office complies with all provisions
of the Americans with Disabilities Act ("ADA").
No employee or applicant for employment who is
currently drug-free will be denied employment
or otherwise discriminated against solely because
of the individual's prior abuse of drugs, prior
treatment for drug abuse, or status as an alcoholic
or a recovering drug addict. However, the ADA
does not protect employees who are current illegal
users of drugs.
Fitness
for Duty
Employees are responsible for
notifying _______________ of any conditions, including
but not limited to the taking of medically authorized
prescription drugs, that may impair the employee.
s ability to perform his or her job in a safe
or effective manner. The Office will attempt to
ensure that the disclosure and substance of such
information is kept confidential and that it will
be disclosed only to individuals with a legitimate
need to know. No employee will be discriminated
or retaliated against as a result of his or her
disclosure of such information. The disclosure
is required only to ensure safety in the Office
and to protect the employee against any inaccurate
assumptions that might otherwise be made about
the employee. s performance.
Discipline
for Violation of This Policy
Employees who violate this Drug
and Alcohol Abuse Policy may be disciplined, up
to and including immediate termination, at the
discretion of the Office.
Smoking Policy
To provide a safe and healthy working
environment for all employees, smoking is prohibited
in the office. Employees who violate this policy
may be subject to disciplinary action up to and
including termination. All employees share responsibility
for maintaining a smoke-free workplace.
Employees interested in attending
a smoking cessation program should contact the Office
of Employee Assistance at (202) 225-2400.
Recycling
Policy
The Office cooperates fully with
the House of Representatives Recycling program.
Labeled recycling bins are located throughout the
D.C. office. Please take note of the locations of
these bins and make every effort to recycle materials
accordingly. For more information, please contact
____________.
Use
of Official Stationery
Use of official stationery of the
Office by staff members is strictly limited to correspondence
relating to the official capacity or responsibilities
of the staff member. Use of official stationery
for personal business or matters unrelated to the
Office is strictly prohibited and subjects such
users to appropriate discipline up to and including
termination. For guidance on this issue, please
refer to the House Ethics Manual and call the Office
of Advice and Education of the Committee on Standards
of Official Conduct at x5-3787.
Safety
and Security Policy
It is the policy of the Office to
maintain safe working conditions for its employees.
Accordingly, all employees are expected to abide
by applicable safety and security rules and regulations
within House Facilities. Failure to observe general
safety procedures, neglect of the safety of others,
or the commission of unsafe acts is unacceptable.
Visitors who are uninvited and unwanted
in the D.C. office, in circumstances where an employee
of the Office is unable to speak freely, can be
removed from the Office by calling the U.S. Capitol
Police at x45151 and stating . the books are ready
to be picked up in room ___.. District office staff
should call building security or 911.
Bomb threats should be reported
immediately to x5-0911. A Bomb Threat Checklist
is available from the House Sergeant-at-Arms at
x52456. District office staff should call building
security or 911.
Threats to the physical safety of
a Member or employee of the Office should be reported
to the House Sergeant-at-Arms at x52456.
If you are injured while at work,
you must report the injury immediately to _______________________.
You must complete a notice of injury report (Form
CA-1), which is available from the House Finance
Office, 263 Cannon HOB, x56514.
All employees are issued identification
cards that allow access to the House office buildings.
You must immediately report lost or stolen I.D.
cards and keys to the Sergeant-at-Arms Office of
Identification Services, 321 Cannon HOB, x53820,
and a new I.D. card will be issued to you. Because
an I.D. card is House property, it must be returned
upon termination of employment.
Loaning or sharing of I.D. cards
and office keys is a serious safety breach. Employees
who engage is such behavior may be subject to discipline,
up to and including termination.
The nature of employment on the
Hill is such that it may require you to work late
hours. In the event that an employee is in a position
in which he or she is going to be walking to his
or her car or the Metro station alone, the employee
is encouraged to contact the Capitol Police for
escort. The number for Escort Assistance is x4-5151.
Office
Property
All staff members play an important
role in the political process, and enjoy a relationship
of trust and confidence with the Member. Inherent
in this relationship is the expectation that staff
members understand the need to protect sensitive
and confidential information, and work at all times
for the good of the Member and his/her constituents.
To assist the Member in performing
his/her duties most effectively and efficiently,
it is imperative that the Office have immediate
access to all Office files and other property. For
example, in an employee. s absence, the Office may
need to enter and search an employee. s work area
to retrieve work-related materials. The Office also
must retain its ability to locate missing property
promptly and to investigate suspicious activities
in the Office. Therefore, the Office reserves the
right to inspect and search all areas and property
in the Office at any time, for these reasons, or
any others within its discretion, without notice
or consent.
All inspections and searches must
be preauthorized by a supervisor. Inspections, searches
and investigations can include, without limitation,
the examination of physical files, computer files,
e-mail, voice mail, file cabinets, desks, work stations,
closets, storage areas, manuals, equipment, and
all other Office property and areas. For these reasons
duplicates of all keys issued to the staff are maintained,
and staff must provide _________ with the passwords
for their computers and telephone voicemails. The
Office also reserves the right to search purses,
packages, parcels and other containers within the
Office to investigate suspicious activities.
Employees should leave valuable
items at home. The Office cannot be responsible
for the loss, theft or damage of any property brought
into the Office. Additionally, employees should
report any suspicious activity they observe in the
Office to a supervisor. As a condition of continued
employment, the Office expects each employee to
assist with the Office. s efforts to maintain the
confidentiality of Office activities, and to provide
for employee and Office security.
For the reasons described above,
employees should not harbor any expectation of privacy
in the equipment that is provided to them by the
Office.
Emergencies
You will be asked to provide the
Office with the name and telephone number of someone
to contact on your behalf in the event of an emergency.
Should your "emergency contact" person
change, please notify _______ immediately.
If a medical emergency occurs during
working hours or on the premises, you should immediately
contact the Capitol Police at x55151 or the Attending
Physician's Office at x55421. The Physician's Office
is open 9:00 a.m. to 5:00 p.m., or until adjournment,
Monday through Friday. In the case of a minor injury
or illness, go immediately to one of the First Aid
Offices, which are in the following locations and
are open 9:00 a.m. to 5:00 p.m., Monday through
Friday:
H-166 The Capitol,
x55421
110 Cannon HOB,
x53470
1204 Longworth
HOB, x52500
B344 Rayburn HOB,
x57131
H2-145 Ford HOB,
x52442
It is the duty of the employee to
inform the Office of any changes of information
concerning persons to contact in case of an emergency.
Computer
Policy
Certain employees of the Office
are assigned personal computers for use in the conduct
of their official duties. Specific guidelines and
instructions regarding the use of the Office's computers
will be provided by _____________ to each employee
that is assigned a computer.
Under certain circumstances, it
may be necessary to access the employee's computer
to recover documents. Therefore, the Office reserves
the right of access to any computer or file on the
Office's computer system. Accordingly, employees
should not harbor any expectation of privacy in
documents created on the equipment provided to them
by the Office.
Computer viruses can be transmitted
via software or data files, and have the potential
of stopping all work on the Office's computer system.
Therefore, employees who are assigned computers
must scan all diskettes for viruses, especially
if a diskette has been used outside of the Office.
Employees of the Office may not
make unauthorized copies of any software licensed
to the House or to the Office and remove it from
the Office. Employees are also prohibited from using
unlicensed software on either individual computers
or on the Office's computer system.
No software can be loaded onto any
computer or the system without direct authorization
from __________________. This is to ensure that
only legal copies of software are running on the
system and to protect the computer system from viruses.
Employees who access House computer
systems remotely are responsible for maintaining
the security and integrity of such systems. Passwords
and other means of access must be safeguarded, and
each employee is responsible for notifying _____________________
of any breach, or potential breach, of security
or integrity of such systems.
Employees are prohibited from moving
computers, printers, or other computer equipment
within the Office without first contacting _______________________.
Employees are responsible for compliance
with all regulations of the Committee on House Oversight,
including the Policies and Guidelines on the Official
Use of the Internet. (See p .____ of the Members
Congressional Handbook).
Electronic Mail Policy
Electronic Mail ("e-mail")
is provided as a communications tool to all employees
of the Office and should be used with the same rules
of professional behavior that apply to the telephone.
E-Mail may not be used to commit an unlawful act,
to harass or annoy another employee, or to advertise
or promote outside business or other non office
related activities.
Employees should not read the E-Mail
of others. Occasionally, an employee may be assigned
to review the E-Mail messages of another employee
for legitimate purposes. However, an employee must
have approval from __________________ prior to reviewing
the E-Mail files of another employee.
It is possible that other employees
or third-parties may inadvertently view your E-Mail
messages. Because there is no guarantee of absolute
privacy with E-Mail, it is imperative that all employees
use good judgment when using the E-Mail system.
Management expressly reserves the
right to review the E-mail files of any employee,
with or without notice, for any reason within its
discretion, including but not limited to investigating
wrongdoing or security breaches, monitoring compliance,
or obtaining work product.
Media Relations
Only _____________ is authorized
to communicate with members of the press without
direct clearance from ______________. Staff members
receiving requests or contacts from the media regarding
any issue related to their employment should report
them to _________________________ immediately.
Open
Door Policy
The Office recognizes that open
communication between employees and management is
an essential element of a productive work environment.
To that end the Office has adopted an Open Door
Policy. The Open Door Policy has been established
to enable employees to seek resolution of job-related
issues. It is intended to create a process whereby
employees can raise any questions or concerns with
the assurance that these issues will be addressed
promptly and effectively.
Employees are encouraged to discuss
job-related concerns or questions with their immediate
supervisor. If an employee fails to get satisfaction
from his/her immediate supervisor, or the supervisor
is involved in the issue or concern, the employee
may discuss the issue with a higher-level supervisor,
including the Chief of Staff.
It is the responsibility of all
management personnel to respond to Open Door Requests
in a timely and objective manner. Retaliation is
prohibited against any employee because he/she uses
the Open Door Policy, as well as participants in
any investigation prompted by any such complaint
or inquiry.
Confidentiality
During your employment with the
Office, you will be exposed to certain information
of a sensitive or confidential nature. It is critical
that confidentiality be maintained by all employees
who work for the Office, that no disclosure of confidential
information be made to anyone except as required
in the performance of work, and that no use be made
of confidential information for personal gain or
advantage, or for the harm of others either during
or after your employment with the Office.
Examples of sensitive or confidential
information may include information designated as
classified or secret by the government, matters
involving the personal or professional lives of
Office employees or the Member, internal legislative
or political strategy, constituent issues relating
to federal agencies, and internal operations of
the office, among others.
Employees of the Office have access
to confidential and sensitive information and, as
a result, have a fiduciary duty to the U.S. House
of Representatives to hold in confidence such information
in accordance with the Code of Ethics in Government
Service found in the House Ethics Manual. Under
that section, employees are precluded from using
information coming to them confidentially in the
performance of their governmental duties as a means
for making private profit. Accordingly, it is the
Office policy that all staff shall not publish any
article, book, transcript, or other written piece
or grant an interview or act as an advisor on any
such publication without the prior approval of ______
or his or her designee.
Strict observance of this policy
by all employees is of great importance to the effective
operation of the Office. Violations of this policy
may result in discipline, up to and including immediate
termination.
If you discover a violation of this
policy, you have the responsibility to notify your
supervisor immediately.
Anti-harassment
and Anti-discrimination Policy
As an equal opportunity employer, the Office of
__________ is firmly committed to providing a work
environment free from discrimination, harassment
or intimidation on the basis of race, sex, age,
religion, disability, color, national origin, military
status, or any other basis prohibited by law. This
commitment applies to all hiring, discharge, promotion,
pay benefits, reassignments and other personnel
actions affecting the terms, conditions, and privileges
of employment. This commitment extends to making
reasonable accommodations that enable qualified
disabled individuals to perform the essential functions
of their jobs.
All employees will be treated, and
are to treat each other, fairly and with respect.
Employees will not be subjected
to, and will not subject each other to discrimination
or harassment of any kind.
The Office will not tolerate any
of the following actions:
making any employment decision
or taking any employment action that is based on
race, sex, age, religion, disability, color, national
origin, military status or any other basis prohibited
by the Congressional Accountability Act;
acting in a way that may create
a hostile, offensive, intimidating or demeaning
environment on the basis of an employee. s race,
sex, age, religion, disability, color, national
origin, veteran status, or any other basis prohibited
by the Congressional Accountability Act.
Definition
of Sexual Harassment
There are two basic forms of sexual
harassment.
Prohibited . quid pro quo. sexual
harassment occurs when a supervisor or manager makes
unwelcome sexual advances, requests sexual favors,
or engages in other verbal or physical conduct of
a sexual nature, if the implication is that submission
to such conduct is expected as part of the job.
It would also be unlawful for a supervisor or manager
to make employment decisions affecting the individual
on the basis of whether the individual submits to
or rejects sexual conduct.
Prohibited . hostile work environment.
sexual harassment occurs when unwelcome sexual advances,
requests for sexual favors, or other verbal or physical
conduct of a sexual nature has the purpose or effect
of unreasonably interfering with an individual.
s work performance or creating an intimidating,
hostile, or offensive working environment. This
includes, for example, displaying sexually suggestive
material in the workplace, unwelcome flirtation
or advances, requests for sexual favors, or any
other offensive words or actions of a sexual nature.
Other Kinds of Harassment
In addition to the sexual harassment
discussed above, harassment on the basis of race,
color, sex, disability, religion, or national origin
can constitute unlawful employment discrimination.
Insults, jokes, slurs, or other verbal or physical
conduct or activity relating to race, color, sex,
religion, or national origin are unlawful if they
create an intimidating, hostile, or offensive work
environment; or if they unreasonably interfere with
an individual. s work performance.
Employee.
s Responsibility
Personal behavior and language that
are . acceptable. to one individual may be . offensive.
to another. All employees must recognize that the
focus of this prohibition is on the effect of one.
s action, not the intent. Even an employee who believes
he or she is . just kidding around. or . didn. t
mean any harm. may act in ways that have the effect
of intimidating or demeaning another employee, and
thereby violating this policy.
Procedures
It
is the intention of the Office to stop harassment
before it rises to the level of a violation of law.
As part of this effort, any employee who believes
that he/she has been subjected to or has witnessed
actions that violate this policy should promptly
make a report to management in order for management
to immediately investigate and take corrective action
where appropriate. The employee should not wait
until the actions become severe or pervasive but
shout report such activity immediately.
The employee may advise his or her direct supervisor,
the next level supervisor, or any other management
official with whom the employee feels comfortable
discussing such issues. The office will protect
the confidentiality of harassment allegations to
the extent possible. The conduct of an effective
investigation requires sharing information with
those who have a . need to know.. Any documents
created or obtained concerning the harassment investigation
will be treated with the same degree of confidentiality.
Anyone who in good faith brings such a matter forward
is assured that he or she will not suffer any retaliation,
discrimination, harassment, or reprisal for having
done so.
The Office strictly prohibits retaliation
against anyone who reports an incident in violation
of the anti-harassment/anti-discrimination policy
or anyone who participates or aids in an investigation
of a complaint.
Any employee who violates any aspect
of this policy, including the prohibition against
retaliation, will face appropriate discipline, up
to and including termination.
Performance
Reviews
The Office may periodically review
with the employee his/her job performance and discuss
his/her job interests and career goals. The Office
does this to bring to the employee. s attention
both areas in which he/she is performing well and
those that need improvement. Performance evaluations
can also influence decisions regarding any pay increases.
Please understand, however, that a performance review
does not mean that an employee is guaranteed a pay
raise.
Some of the factors the Office considers
in its evaluation of employee include:
quality of work;
job skills;
dependability;
attendance and punctuality;
cooperativeness;
knowledge of work;
willingness to assume responsibility;
willingness to accept direction;
ability to give direction where applicable;
adherence to Office policies; and
improvement since the last review.
The Office will provide each employee
the opportunity to comment on the evaluation. Employees
should understand that an evaluation does not alter
the employee. s at-will relationship or create a
contract with the Office as described elsewhere
in this Handbook.
Employee
Conduct and Discipline
To ensure that all employees are
working in a safe, productive and harmonious environment
and that the Office is able to operate at optimum
efficiency, certain general standards of personal
conduct and job performance have been established.
Your actions are a direct reflection
on the Member, the Office and the House of Representatives.
Actions that reflect poorly on the Member, Office
or House are grounds for disciplinary action, up
to and including termination.
Standards of job performance are
determined by the employee's position. Standards
of personal conduct, however, are uniform throughout
the Office. Employees are expected to be courteous
and respectful, and to conduct themselves at all
times in a manner which shall reflect creditably
on the House of Representatives.
Dress
Code
All employees are expected to dress in attire appropriate
to their position and duties.
Discipline
While it is anticipated that most problems will
be resolved through the cooperation of employees,
there are times when inappropriate conduct or inadequate
performance may result in disciplinary action. While
this office does not employ mandatory progressive
discipline, appropriate disciplinary action may,
at the Office's sole discretion, include probation,
suspension (with or without a pay reduction), demotion,
or other actions, up to and including termination.
It is within management's sole discretion to determine
appropriate measures based upon the circumstances
of each individual disciplinary matter.
Insubordination
Employees are expected to follow directions given
by a supervisor or a person in authority. Failure
to perform or unreasonably delaying the performance
of instructions given by a supervisor or person
in authority is unacceptable and may result in disciplinary
action, up to and including termination of employment.
Misconduct
The following actions are unacceptable
and may result in appropriate disciplinary action.
The misconduct identified below is merely illustrative,
is not intended to be a complete list of misconduct,
is not intended to be listed in order of severity
of the conduct, and does not alter the Office's
at-will employment policy:
1. Misrepresenting or withholding
information on an employment application or House
records, including time cards, injury reports,
leave reports, personnel documents, etc.
2. Removing House property, records,
or documents without proper authorization; releasing
sensitive or confidential information without
proper authorization; allowing access to such
information by unauthorized personnel; or using
such information or property for personal reasons.
3. Unauthorized possession, willful
destruction or abuse of House property or the
property of any individual on the premises.
4. Entering a restricted area
or allowing another person to enter a restricted
area without proper authorization.
5. Excessive absenteeism or tardiness
without proper authorization.
6. Unexcused absence from work.
7. Sleeping on the job, unless
authorized to do so in unusual circumstances.
8. Use of abusive, threatening
or obscene language; using language that adversely
affects morale, production, or maintenance of
discipline.
9. Engaging in any type of harassment.
10. Performing personal or campaign
business during working hours or using the frank,
official stationary, or other official resources
for personal benefit.
11. Violating the Office's alcohol
and drug abuse policy.
12. Possessing dangerous weapons
on the premises.
13. Illegal or disorderly conduct
of any kind such as fighting, wrestling, roughhousing,
or any other activity hazardous to life, limb
or property.
14. Failure to abide by the leave
policies of the Office.
15. Failure to follow House Rules
and federal statutes concerning the acceptance
of gifts, and the reporting of financial interest,
employment or conflicts of interest.
16. Failure to observe general
safety procedures, neglect of the safety of others,
or the commission of unsafe acts.
17. Reviewing the E-Mail files
of another employee without appropriate authorization.
18. Failure to follow the Office's
computer and Internet policies.
19. Unauthorized communications
with members of the press, written statements,
personal appearances, testimony, articles or comments
on any aspect of the employee's official responsibility
as an employee of the Office or relating to matters
of the House without direct clearance from ________________.
20. Any other action that is deemed
to be inconsistent with the standards and expectations
of the Office or to show a disregard for the House's
interests or the employee's duties and obligations
to the House.
Termination
of Employment
The Office desires that your employment
in the House be a rewarding and successful experience.
However, it is conceivable that circumstances may
arise that will make it advisable for you to end
your employment with the Office.
Should you decide to terminate your
employment with the Office voluntarily, you are
requested, but not required, to provide adequate
notice. Adequate notice is customarily two weeks,
and may be longer depending on your particular responsibilities.
The request that you provide notice of your intent
to resign is not intended to alter the fact that
either you or the Office is entitled to terminate
your employment relationship at any time without
notice.
Each employee must return all House
property, including his or her I.D. card and keys.
Failure to do so may result in the withholding of
your final paycheck. Employees who have group medical
and life insurance will continue to receive coverage
during the period in which the employee remains
on the payroll as provided for by the individual
employee's health or life insurance policies and
applicable federal laws.
Upon termination certain employees
are prohibited from lobbying certain Members of
Congress or their staff for a period of at least
one (1) year. For more information, contact the
Office of Advice and Education at the Committee
on Standards of Official Conduct at x5-3787.
References for former or current
employees of the Office are to be given only by
____________ and only in accordance with the Hatch
Act Reform Amendments of 1993 and the Office of
Advice and Education at the Committee on Standards
of Official Conduct at x5-3787.
II.
LEAVE POLICIES
Holidays
The Office will observe the following
holidays IF the House is not in session:
New Year's Day
Martin Luther King Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving
Day after Thanksgiving
Christmas Eve (if Christmas falls on a weekend)
Christmas
New Year's Eve (if New Year's Day falls on a weekend)
Leave
Policy
The leave policy of the Office is
designed to provide benefits to employees, while
maintaining enough flexibility to allow the Office
to perform its functions.
Annual
Leave
Annual leave is based upon the
calendar year. Full-time employees of the Office
accrue annual leave each month based upon years
of service as follows:
a. Employees with less than 1
year [3 years*]of [employment with the Office][federal
employment*] are entitled to days [1 day*] of
annual leave per month.
b. Employees who have between
1 year [3 years*] of and ____ years [15 years*]
of [employment with the Office][Federal employment*]
are entitled to ____ days [1.5 days*] of annual
leave per month.
c. Employees who have over ____
years [15 years*] of [employment with the Office][Federal
employment*] are entitled to days [2 days*] of
annual leave per month.
There is no leave accrual for
employment for only a fractional part of a month
at either the beginning or the end of an employee's
period of service. Leave accrual commences on
the first day of the first full month of employment
and ends on the last day of the last full month
of employment. Requests for annual leave must
be made in advance in writing and must be approved
by an employee's immediate supervisor and then
forwarded to for final approval. Annual leave
will not be granted when the House is in session
and the employee is needed for legislative activities,
or if no other person in the Office is available
to perform the employee's duties in his or her
absence.
No more than [30] annual leave days
may be carried over from one calendar year to the
next. Any balance beyond [30] days will be lost.
Upon separation from employment, the Office will
pay the employee a lump sum equal to the number
of days of unused annual leave, provided such a
sum does not exceed the employee's monthly pay and/or
1/12th of the maximum rate of pay specified on the
Speaker's Pay Order. Withholding will be at flat
rates of 28% for Federal tax, 6% for state tax,
6.2% for FICA (if applicable), and 1.45% for Medicare.
Because of the prohibition against
dual compensation, an employee cannot be retained
on the House payroll after reporting to another
federal job.
If an employee has taken more
annual leave than he or she has earned, the Office
may deduct the excess annual leave from the employee's
final paycheck or seek reimbursement from the
employee.
Sick
Leave
The Office provides days [1 day]
of paid sick leave per month to all full-time
employees, regardless of years of service, for
periods of temporary absence due to illness or
injury of the employee. Unused sick leave [does
not carry over from year to year][may be carried
over from year to year without limitation]. No
payment will be made for unused sick leave upon
termination of employment. Eligible employees
who suffer from a serious health condition are
entitled to leave under the Family and Medical
Leave Act as discussed below.
Employees who are unable to report
to work or who must leave work because of illness
or injury must notify their immediate supervisor
or a manager at once or leave a message with the
Office no later than 8:30 a.m.
The Office must be contacted on
each additional day of absence. Failure to follow
these procedures may result in the treatment of
the day as an unexcused absence, which may be
subtracted from the employee's annual leave allotment,
and can also result in disciplinary action up
to and including termination.
Sick leave may be used for scheduled
medical and dental appointments. Appointments
that keep an employee from the Office for more
than __ hours are considered a half day of sick
leave and appointments lasting more than __ hours
are considered a full day of sick leave.
Parental
Leave Policy
Parental Leave is defined as leave
for the purpose of caring for the employee. s
newborn child, newly-adopted child, or child newly-placed
in the custody and guardianship of the employee
through a foster care program. This leave applies
to all employees regardless of gender. The employee
requesting leave must have been employed by a
Congressional office for a minimum of 12 months
prior to the request for the leave and must have
worked a minimum of 1,250 hours. The minimum of
1,250 hours of employment must have been worked
during the 12 months immediately preceding the
commencement of leave. If an employee has worked
for more than one employing office, the periods
worked and the hours of service will be added
together to determine whether the minimums of
12 months and 1,250 hours during the previous
12 months have been reached.
Entitlement to this leave expires
12 months after:
a. the birth of a child;
b. the date an adoptive child
is brought into the employee. s home; or
c. the date a foster child is
brought into the employee. s home.
Eligibility for paid parental
leave is contingent on the employee. s expression
of intent to return to work upon completion of
paid parental leave and/or any additional FMLA
leave taken to care for the child.
Calculating
the Leave Year:
For purposes of applying for parental
leave, the 12-month period during which an employee
is entitled to _______ work weeks of paid parental
leave is calculated on a rolling 12-month basis
measured backward from the date the employee uses
the parental leave. The employee is therefore
entitled to ________ work weeks of paid parental
leave Aper 12-month period@ and not Aper child.@
Notice of Parental Leave: If the
need for leave is foreseeable, an employee must
provide at least 30 days notice (written or verbal),
or otherwise as much advance notice as practicable.
If an employee fails to give 30 days notice, with
no reasonable excuse, the employing office may
delay or deny the taking of parental leave.
Any employee who takes parental
leave must submit a written request for leave,
even if the request is filed after the leave has
commenced. Such written notices must be submitted
to _________________ and shall include the dates
and the reason(s) for the requested leave (i.e.,
the nature of the qualifying event). Failure to
provide a written request for leave may also result
in a delay or denial of leave.
Certification
of Reason for Leave:
An employee requesting parental
leave must provide written verification of the
event necessitating such leave. In the case of
leave to care for a newborn child, the employee
must provide a written verification stating that
the employee/employee. s spouse is pregnant and
the expected date of delivery. In the case of
a newly-adopted child or placement of a foster
child in the employee. s custody, the employee
must provide documentation from the appropriate
adoption agency or social services department
as to the date the child is to be placed in the
employee. s custody and/or guardianship.
Employment
of Spouses:
Spouses employed by the same employing
office may be limited to a combined total of 6
work weeks during a 12-month period of parental
leave when the leave is taken for the qualifying
event.
Combination of Parental and Leave
Under the Family and Medical Leave Act: The paid
parental leave runs concurrently with leave granted
under the FMLA. An employee must use all of his/her
paid parental leave prior to using unpaid leave
under the FMLA for the purpose of caring for a
newborn child, a newly-adopted child or a child
newly-placed in the custody and guardianship of
the employee through a foster care program.
Continuation
of Benefits:
While on paid parental leave or
unpaid FMLA leave, employees will continue to
be enrolled in their health insurance plans. As
long as the employee remains enrolled in his or
her health insurance plan, the U.S. House of Representatives
will continue to pay the Government contribution
for employees on such leave. The employee, however,
is responsible for payment of the employee. s
share of health insurance coverage. Under federal
regulations, an employee whose enrollment continues
for a period of time without payment is deemed
to have consented to recovery of an indebtedness
for past-due health benefits premiums from future
salary, or from any other moneys owed to an employee
by the Federal Government.
Reinstatement
from Leave.
Upon return to work after taking
parental leave, an employee generally will be
entitled to be restored to the same position or
an equivalent position to that which the employee
occupied before taking parental leave. Additionally,
under circumstances where restoration to employment
will cause substantial and grievous economic injury
to its operation, the employing office may refuse
to reinstate certain highly paid Akey@ employees
after they use their paid parental leave.
Religious
Holidays
The Office seeks to accommodate
reasonable requests for leave for religious observances.
Employees may elect to take annual leave or unpaid
leave (if the employee has exhausted his or her
paid leave) for such purposes. The availability
of such leave depends on the operational needs
of the office. Accordingly, employees should request
such leave as far in advance as possible to allow
for appropriate scheduling to be made by management.
Bereavement
Leave
Employees are entitled to up to
days of paid bereavement leave for the death of
an immediate family member. An "immediate"
family member includes an employee's parent, step-parent,
spouse, child, stepchild, brother, stepbrother,
sister, stepsister, grandchild, grandparent, mother-in-law,
father-in-law, son-in-law or daughter-in-law.
Personal leave for the death of friends or other
relatives will be charged against annual leave.
At the Office's discretion, additional bereavement
leave for travel time and other extenuating circumstances
may be granted.
Military
and Federal Emergency Task Force Duty
An employee who is a member of
a National Guard or Armed Forces Reserves unit
and is required to attend a two-week (not to exceed
15 consecutive days) training session annually
will be given paid leave for that purpose. Any
compensation provided by the National Guard or
Reserves may be retained by the employee. An employee
who is a member of a Federal Emergency Task Force
and is called to duty will be given paid leave
for that purpose. To apply for the leave, appropriate
documentation (e.g., a copy of the orders) must
be submitted to the Office as far in advance as
possible.
Employees who require absences
for military duty (including long-term absences
for active duty) will be accorded all benefits
provided by law. Any employee who is required
to take a leave of absence for military duty must
notify the Office immediately.
Jury
and Witness Duty
An employee who is summoned for
jury or witness duty and must be absent from work
will continue to receive full pay and will not
be charged annual leave. Upon receipt of such
summons, the employee must notify the Office immediately
and must provide a copy of the summons or other
written documentation requesting jury or witness
duty.
Certain courts require only that
a juror telephone the court each morning to determine
whether the juror must report to court. Under
such circumstances, when not needed by the court,
the employee must report to work.
As provided by law (2 U.S.C. 130b(d)
and (e)), any fee paid to an employee for jury
or witness duty shall be turned into the Office,
and the entire amount will be remitted to the
House Finance Office. Any reimbursement made to
an employee for expenses incurred in rendering
jury or witness service may be retained by the
employee. Upon returning to work from jury duty,
an employee shall provide the Office a certificate
of attendance from the Clerk of the court or similar
court official for each day of absence.
Leave
Without Pay (LWOP)
Requests for leave without pay
other than unpaid FMLA may be granted at the discretion
of ________________________.
As a basic condition for approval
of LWOP, the Office should have a reasonable assurance
that the employee will return to duty at the end
of the approved period. LWOP status should be
requested in advance of the period of absence.
In no case may the period of LWOP status exceed
one year.
Furlough
Furlough is an absence without
pay initiated by the Office. Placement in a furlough
status is at the discretion of the office, unless
placement in such leave status is otherwise required
by law.
Family
and Medical Leave (FMLA)
Under the applicable provisions
of the FMLA, any person who has worked as an employee
of the House for at least one year and for a total
of at least 1,250 hours during the previous 12-month
period is entitled to up to a total of 12 weeks
of unpaid leave during any 12-month period for
the following family and medical reasons:
A. for the birth of a child and
to care for the newborn child;
B. to adopt a child or to receive
a child in foster care;
C. to care for a spouse, son,
daughter, or parent who has a serious health condition;
or
D. for the employee's own serious
health condition which makes the employee unable
to perform the functions of his or her job.
The FMLA defines the term "serious
health condition." 29 U.S.C. ' 2611(11).
When requesting leave, an employee must explain
the reason for the leave to allow the Office to
determine whether the leave qualifies as FMLA
leave.
Calculating
the Leave Year: For FMLA purposes
the 12-month period during which an employee is
entitled to 12 work weeks of unpaid FMLA leave
is calculated on a rolling 12-month basis measured
backward from the date the employee uses family
and medical leave.
Notice
of FMLA Leave: If the need for
leave is foreseeable, an employee must provide
at least 30 days notice (written or verbal), or
otherwise as much advance notice as practicable.
If an employee fails to give 30 days notice, with
no reasonable excuse, the Office may delay the
taking of FMLA leave.
Any employee who takes FMLA leave
for any reason must submit a written request for
leave, even if the request is filed after the
leave has commenced. Such written notices must
be submitted to __________________and shall include
the dates and the reason(s) for the requested
leave. Failure to provide a written request for
leave may also result in a delay or denial of
leave.
For leave requested for care of
a family member with a serious health condition
or for the employee. s own illness the employee
shall make a reasonable effort, after consulting
with _____________________ to schedule leave so
as not to unduly disrupt office operations (subject
to approval of the health care provider).
Substitution
of Paid Leave for FMLA Leave:
An employee may substitute his or her accrued
annual leave for FMLA leave for the care of a
newborn or newly adopted or newly placed foster
child or for the care of a family member. s serious
health condition. An employee may substitute his
or her annual or sick leave for FMLA leave for
the employee. s own serious health condition (including
complications associated with childbirth). Any
paid sick leave and/or other paid time off taken
for the employee. s serious health condition may
count toward an employee. s FMLA entitlement.
FMLA leave will be designated
as such retroactively upon an employee. s return
to work where the employee does not inform the
Office in advance of the reason for the leave
and the Office discovers upon the employee. s
return that the reason for the leave falls under
the FMLA.
Intermittent
or Reduced Schedule Leave: When
an employee seeks to take FMLA leave intermittently
or on a reduced schedule basis, the employee must
comply with the following guidelines:
Leave may be taken intermittently
or on a reduced leave schedule to care for a seriously
ill family member or for the employee. s own serious
health condition.
Leave shall not be taken intermittently
or on a reduced leave schedule to care for a newborn
or a newly adopted or newly placed foster child
without the agreement of the Office.
When leave is taken intermittently
or on a reduced leave schedule, the Office may
require that the employee transfer to an alternative
position which has equivalent pay and benefits,
and which better accommodates recurring periods
of leave.
Medical
Certification: An employee who
requests FMLA leave for his or her own illness
or to care for a family member is required to
provide a medical certification from the health
care provider that the leave is due to the serious
health condition of the employee or the employee.
s immediate family member. The employee must have
the health care provider complete and return the
certification form within 15 days, where possible.
The Office may also require an
opinion by a second health care provider designated
by the employer. If there is a conflict between
the first and second certifications, the Office
may require and pay for a third opinion by a health
care provider jointly approved by the Office and
the employee. The opinion of the third health
care provider is final and binding.
The Office may also require that
an employee present a Afitness for duty@ certification
upon return to work when the absence is caused
by the employee. s own serious health condition.
The Office may seek such certification only with
respect to the particular serious health condition
that was the reason for the employee. s request
for FMLA leave. The employee is responsible for
the cost of such certification. _________________
will notify the employee whether a Afitness for
duty@ certification is required as soon as possible
after the employee notifies the Office of the
reason for FMLA leave. The Office may delay or
refuse to restore an employee to duty if the Office
has requested and the employee has failed to provide
the appropriate Afitness for duty@ certification.
Periodic
Reports: The Office may also require
periodic reports from an employee on leave regarding
his or her status and intention to return to work.
Continuation
of Benefits: While on FMLA leave,
whether paid or unpaid, employees will continue
to be enrolled in their health insurance plans.
As long as the employee remains enrolled in health
benefits, the U.S. House of Representatives will
continue to pay the Government contribution for
employees on Leave Without Pay. The employee is
responsible for payment of the employee share
and will be contacted by the Office of Personnel
and Benefits to arrange for monthly payments.
Under federal regulations an employee whose enrollment
continues for a period of time without payment
is deemed to have consented to recovery of an
indebtedness for past-due health benefits premiums
from future salary, or from any other moneys owed
to an employee by the Federal Government.
Reinstatement
from Leave: Upon return to work
after taking FMLA leave an employee generally
will be entitled to be restored to the same position
or an equivalent position to that which the employee
occupied before taking FMLA leave. If an employee
is unable to perform the essential functions of
his or her job because of a mental or physical
condition, the employee has no right to restoration
to another position under the FMLA.
If an employee is on family and
medical leave in excess of 12 weeks within a 12-month
period, the employee will not be guaranteed reinstatement.
Except for employees on authorized
active military duty, if an employee accepts other
employment while on leave, the employee will be
deemed to have terminated employment with the
Office on the first day of the new employment.
Key
Employees: Key employees
are employees who are salaried and among the highest
paid 10% of all employees employed by the employing
office within 75 miles of the employee. s worksite.
The employing office may deny reinstatement upon
return from FMLA leave to Akey@ employees if reinstatement
would cause substantial and grievous economic
harm to the Office. The Office must provide written
notification to Akey@ employees of their status
upon a request for FMLA leave.
Employment
of Spouses: Spouses employed by
the same employing office may be limited to a
combined total of 12 work weeks during a 12-month
period of family and medical leave when the leave
is taken for the following purposes: (1) the birth
and/or care for such newborn child; (2) the placement
of a child for adoption or foster care; or (3)
the care of a parent who has a serious health
condition.
Performance
and Merit Reviews: Performance
reviews may be delayed for a period equal to the
length of the FMLA leave.
Misrepresentation:
If an employee misrepresents the reasons for requesting
FMLA leave, the employee may be subject to disciplinary
action, up to and including termination.
Intimidation
and Retaliation Prohibited:
An employer may not use the taking of FMLA leave
as a negative factor in employment decisions such
as promotions or disciplinary actions. Retaliation
of any kind is prohibited.
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