HEALTH AND SAFETY

Modified on Mon, 14 Apr at 11:53 AM

TABLE OF CONTENTS

Emergency Preparedness Plan
First Aid and CPR Training
Health Appraisals
Health and Medical Requirements
Leaves of Absence
Family and Medical Leave Act
Military Leave of Absence
Company-Approved Leave
Workers’ Compensation
Light and Modified Duty
Medical Emergencies
Safety
Smoke-Free Workplace
Inclement Weather and Emergency Closures

Emergency Preparedness Plan

Standard emergency response procedures have been developed to ensure the safety of staff and children in the event of fire, earthquake or other natural disasters, including lockdown procedures and shelter in place. You are required to follow these policies and procedures and participate in safety training programs and drills as required by state and federal regulations as well as licensing standards. Evacuation instructions are posted in each classroom. Management has a crisis management manual and drills are run periodically.

First Aid and CPR Training

Some employees, according to their job descriptions, are required to get First Aid and CPR training. Licensing regulations require that certifications in these areas be kept up to date and that you submit new certifications of completion for your employment file. COA encourages everyone who works directly with children to earn these certifications.

Health Appraisals

Government and licensing regulations require that all staff health records be current and updated when needed. You are responsible for the cost of health requirements such as physical exams and shots. Any time you return from a medical leave of absence, a doctor’s note confirming that you are able to return to work is required.

Health and Medical Requirements

Connecticut: Upon employment, a written report of a negative tuberculin test completed within 12 months prior to the date of employment or for a known prior reactor, no evidence of active tuberculosis on a chest X-ray. A medical statement signed by a physician, advanced practice registered nurse or physician assistant, completed within 12 months before the date of employment for new staff, and every 24 months for current staff, such statement to document the presence of any known medical or emotional illness or disorder that would currently pose a risk to children in care or would currently interfere with effective functioning as an employee of a child daycare center.

Delaware: Written report from a healthcare provider attesting to your health, including the ability to perform essential job functions and written evidence on file of the freedom from communicable tuberculosis. The health assessment must be updated every two years.

Florida: Upon hire, you must provide documentation of a tuberculosis test administered within the past two years and this documentation must be in your personnel file within 10 days of employment. All childcare facility personnel must be tested for tuberculosis at least every two years and provide documentation for their personnel file. If results are positive, you must provide written medical authorization to work in a childcare facility.

Illinois: A CFS 602 Medical Report (a physical examination completed no more than six months prior to employment) that provides evidence of freedom of communicable disease, including active tuberculosis, and physical or mental conditions that could affect your ability to perform assigned duties. The health assessment must be updated every two years.

Indiana: Physical examination verification form with physician’s or nurse practitioner’s signature within 30 days of employment dated no earlier than 12 months prior to date of hire. Verification that you are free of tuberculosis within 30 days of employment and annually thereafter.

The health assessment for tuberculosis must be updated every year.

Maryland: A medical evaluation, including a tuberculosis screen that has been completed within six months before your start date. The health assessment must be updated every two years.

Massachusetts: Evidence of a physical examination within one year prior to employment; evidence of immunization in accordance with the recommendations of the Department of Public Health and, if applicable, a statement of any limitations you may have to perform your job function. The health assessment must be updated every two years.

North Carolina: A statement signed within one year prior to employment by an authorized health professional that indicates that you are emotionally and physically fit to care for children. A test obtained within the 12 months prior to employment showing you are free of active tuberculosis required prior to employment. The health assessment for tuberculosis must be updated every year.

New Jersey: A Mantoux tuberculin skin test (TST) and a written statement from a healthcare provider, indicating you are in good health and pose no health risk to persons at the center. Such statement shall be based on a medical examination within the six months immediately preceding time worked at the center. The health assessment must be updated every three years.

New York: An Applicant Medical Statement certifying you are in good physical and mental health. The health assessments must be updated yearly.

Ohio: A medical form signed by a physician, physician’s assistant or certified nurse practitioner verifying you are free of communicable tuberculosis, physically fit for employment in a facility caring for children and immunized against measles, mumps, rubella (MMR), tetanus and diphtheria. The health assessment for tuberculosis must be updated every year.

Pennsylvania: A health assessment conducted within 12 months prior to start date that includes a tuberculosis screening by the Mantoux method. The health assessment must be updated every two years.

Texas: Requirements for TB tests vary by region and programs in certain areas will be required by the Texas Department of Health to have proof that you are free of TB.

Virginia: Tuberculosis screening. The health assessment must be updated every two years.

Wisconsin: A health examination within 12 months before beginning work that documents freedom from illness detrimental to children, including tuberculosis.

Leaves of Absence

As a company, one of our responsibilities is to provide you with the opportunity to take a leave of absence to care for your own serious health condition or to care for an immediate family member. COA complies with the following federal leaves and provides a company-approved leave when appropriate.

Federally Approved Leave:
1. Family and Medical Leave Act (FMLA)
2. Military
Company-Approved Leave

Family and Medical Leave Act

You may be entitled to a leave of absence under the Family and Medical Leave Act (FMLA). This policy provides information concerning FMLA entitlements and obligations you may have during such leaves. If you have any questions concerning FMLA leave, contact Human Resources. You must use any accrued vacation and sick time while taking unpaid FMLA leave.

i. Eligibility

FMLA leave is available to eligible employees. To be an eligible employee, you must:

Have been employed by COA for at least 12 months (which need not be consecutive)
Have been employed by COA for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave
Be employed at a worksite where 50 or more employees are located within 75 miles of the worksite

A. Basic FMLA Leave Entitlement

FMLA provides eligible employees up to 12 work weeks of unpaid leave for certain family and medical reasons during a 12-month period. Leave may be taken for anyone, or for a combination, of the following reasons:

To care for your child after birth or placement for adoption or foster care
To care for your spouse, son, daughter or parent (but not in-law) who has a serious health condition
For your own serious health condition

B. Intermittent Leave and Reduced Leave Schedules

FMLA leave usually is taken for a period of consecutive days, weeks or months. However, you also are entitled to take FMLA leave intermittently or on a reduced leave schedule when medically necessary due to your own serious health condition or a covered family member or the serious injury or illness of a covered service member.

C. No Work While on Leave

The taking of another job while on family/medical leave or any other authorized leave of absence are grounds for immediate discharge, to the extent permitted by law.

D. Protection of Group Health Insurance Benefits

During FMLA leave, you are entitled to receive group health plan coverage on the same terms and conditions as if you had continued to work. FMLA leave is unpaid, and you must pay your portion of the group health premium through a method determined by COA upon leave.

E. Restoration of Employment and Benefits

At the end of FMLA leave, subject to some exceptions, you generally have a right to return to the same or equivalent position with equivalent pay, benefits and other employment terms.

II. Employee FMLA Leave Obligations

A. Content of Employee Notice

To trigger FMLA leave protections, you must inform the director of Human Resources of the need for FMLA-qualifying leave. You can do this by either requesting FMLA leave specifically or explaining the reasons for leave so as to allow us to determine that the leave is FMLA-qualifying.

B. Timing of Employee Notice

You must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, you must provide COA notice of the need for leave as soon as practicable.

C. Initial Medical Certifications

If you are requesting leave because of your own, or a covered relation’s serious health condition, or to care for a covered service member, you must supply medical certification supporting the need for such leave from your healthcare provider.

D. Return to Work/Fitness for Duty Medical Certifications

Unless notified that providing such certifications is not necessary, when you are ready to return to work from an FMLA leave that was taken because of your own serious health condition,

you must provide us with medical certification confirming you are able to return to work with or without reasonable accommodation. We may delay and/or deny job restoration until you provide return to work/fitness for duty certifications.

E. Substitute Paid Leave for Unpaid FMLA Leave

You must use any accrued vacation and sick time while taking unpaid FMLA leave. The substitution of paid time for unpaid FMLA leave time does not extend the length of FMLA leave and the paid time will run concurrently with your FMLA entitlement.

F. Coordination of FMLA Leave With Other Leave Policies

FMLA does not affect any federal, state or local law prohibiting discrimination, or supersede any state or local law that provides greater family or medical leave rights. For additional information concerning leave entitlements and obligations that might arise when FMLA leave is either not available or exhausted, please consult the other leave policies in this handbook or contact Human Resources.

Military Leave of Absence

Children of America adheres to the requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA).

USERRA is a federal law that provides certain rights and protections to individuals who are called to active duty or reserve service in the military. The law applies to all employers, regardless of size, and applies to all branches of the military, including the Army, Navy, Air

Force, Marine Corps and Coast Guard, as well as the National Guard and the commissioned corps of the Public Health Service.

A summary of the key provisions of USERRA include:

Job protection: We are required to rehire you if you leave your job for military service, and restore you to the position you would have held if not for the military service, with the same seniority, status, pay and other rights and benefits that you would have had if not for the service, as well as any other rights and benefits as if you were not on military leave.

Benefit continuation: We must continue your health insurance under the same terms and conditions as if you had not left for military service.

Limitations on time away: The time you can be absent from work for military service is capped at five years and you must notify us in advance, within a reasonable time, before the service begins.

Prohibitions on discrimination: COA is prohibited from discrimination against you or prospective employees on the basis of your military service, or your intent to serve.

Enforcement: USERRA provides for enforcement through the Department of Labor and through private lawsuits, with remedies including back pay, benefits, attorneys’ fees and other appropriate relief.

USERRA is an important law that ensures service members are able to take time away from their civilian employment to serve their country, and that they are able to return to their civilian jobs when their service is complete.

Company-Approved Leave

If you are ineligible for any other leave of absence, COA, under certain circumstances, may grant a personal leave of absence without pay.

A written request for personal leave should be presented to management at least two weeks before the anticipated start of the leave. If the leave is requested for medical reasons and you are not eligible for leave under the federal Family and Medical Leave Act (FMLA) or any state leave law, medical certification also must be submitted.

Your request will be considered on the basis of staffing requirements and the reason for the requested leave, as well as performance and attendance records. Normally, a leave of absence will be granted for a period of up to eight weeks. However, a personal leave may be extended if, prior to the end of leave, you submit a written request for an extension to management and the request is granted.

When you anticipate returning to work, you should notify management of your expected return date. This notification should be made at least one week before the end of the leave.

Upon completion of your personal leave of absence, COA will attempt to return you to your original job or a similar position, subject to prevailing business considerations. Reinstatement, however, is not guaranteed.

Failure to advise management of your availability to return to work, failure to return to work when notified or a continued absence from work beyond the time approved by COA will be considered a voluntary resignation of employment.

Workers’ Compensation

On-the-job injuries are covered by our Workers’ Compensation Insurance Policy, which is provided at no cost to you. If you are injured on the job, no matter how slightly, you should report the incident immediately to your supervisor. Failure to follow company procedures may affect your ability to receive Workers’ Compensation benefits.

This is solely a monetary benefit and not a leave-of-absence entitlement. If you need to miss work due to a workplace injury, you must also request a formal leave of absence. See the Leave of Absence policy of this handbook for more information.

Light and Modified Duty

COA recognizes that if you experience a work-related injury, you may feel like you cannot contribute to the team as defined in your job description; therefore, we offer a Light Duty/Modified Duty/ Return-to Work Policy. This policy is intended to serve as a guide to management to help you return to gainful, productive employment as soon as possible, while adhering to temporary, physician- imposed restrictions. As such, we will make every effort to provide modified duty work assignments to you in the course of your employment for which professional medical treatment is sought.

All light and modified duty accommodations are provided on a temporary basis and are offered with the understanding that your physical restrictions are temporary, and that you are progressing toward a return to full work capacity.

While working on light or modified duty, you are still expected to follow all applicable employment and conduct policies. If you fail to follow such policies, you are subject to disciplinary action according to our progressive disciplinary policy.

Medical Emergencies

In the event of a medical emergency involving a child or you, if warranted, 911 is called immediately. If otherwise applicable, first aid shall be administered by properly trained employees. The family, guardian or your emergency contact is notified. You are responsible for reporting all injuries to your supervisor. COA is responsible for reporting the incident and documenting the incident on appropriate forms. All incidents must be reported within 24 hours.

Safety

The health and safety of employees and others on Children of America property are of critical concern to us. COA intends to comply with all health and safety laws applicable to our business. To this end, we must rely upon our employees to ensure that work areas are kept safe, clean and free of hazardous conditions. You are required to be conscientious about workplace safety, including proper operating methods and recognizing dangerous conditions or hazards. Any unsafe conditions or potential hazards should be reported to management immediately, even if the problem appears to be corrected. Any suspicion of a concealed danger present on our premises, or in a product, facility, piece of equipment, process or business practice for which we are responsible should be brought to the attention of management immediately.

Periodically, Children of America may issue rules and guidelines governing workplace safety and health.

Children of America issues rules and guidelines regarding various workplace safety topics in our COA Safety Manual on the intranet https://coapeeeps.com/. You are required to familiarize yourself with these rules and guidelines as strict compliance is expected.

Smoke-Free Workplace

To maintain a safe and comfortable working environment, COA prohibits smoking throughout the workplace and state law prohibits smoking in or around a childcare center. No smoking or other use of tobacco or similar products (including, but not limited to, cigarettes, e-cigarettes or vaping devices, pipes, cigars, snuff or chewing tobacco) with the exception of a specially designated area outside is permitted. You are permitted to smoke in this area only during break periods, before and after work. If returning from a meal break during which you have used tobacco or similar products, do not leave cigarette butts or other traces of litter or tobacco use on the ground or anywhere else. Dispose of any litter properly in the receptacles provided for that purpose. Anyone smoking in any nonsmoking area may be subject to disciplinary action up to and including discharge.

Inclement Weather and Emergency Closures

It is the policy of Children of America, to remain open during most periods of inclement weather; however, where extraordinary circumstances warrant, due to weather or other unforeseen business interruption, we reserve the right to close the schools. Decisions to close a school are made by following the state and local restrictions in your area as well as in response to any other emergency that prohibits the safe operation of the school. In the event the school is closed or closing early, an emergency message will be sent to families and our website will be updated.

Regardless of whether the school remains open or closed on an inclement day, it is your decision to determine if you can safely arrive at work under the conditions. If you elect not to work on a given day, you are required to call your manager advising as to your status for the day, prior to the beginning of your shift or the workday.

Questions about this policy should be addressed to your manager or Human Resources.