Section 2: Benefits and Absences
Regular full-time employees of the Company will be eligible to participate in our group health insurance plan the first part of the month following 60 days of employment.
After you have completed 30 days of employment, it is your responsibility to contact Human Resources to either enroll in our plan or sign a waiver of coverage. At that time, an explanation of the benefits package will be provided as well as a description of the costs to you.
If you fail to enroll in the plan at the time of your initial eligibility, your application for coverage will be considered a late enrollment and you will NOT be able to enroll until the following annual open enrollment.
If you should have any questions regarding our health insurance plan, please do not hesitate to contact Director of Operations
The Company observes the following holidays:
New Year’s Day – January 1
Memorial Day – Last Monday in May
Independence Day – July 4
Labor Day – First Monday in September
Thanksgiving Day – Fourth Thursday in November
Christmas Day – December 25
Unless approved in advance, employees must work their regularly scheduled shift immediately before and immediately following the holiday to receive payment for the holiday. If a holiday falls on a Saturday, it will be observed the day before (Friday). If the holiday falls on a Sunday, it is observed the next day (Monday). Employees in their first 90-day adjustment period will not be paid holidays that fall within the 90-day adjustment period. Basically, all employees benefit from Holiday pay unless they do not work their immediate shift prior to or after the Holiday, or if they are in their 90-day adjustment period as a new hire.
Example of a no pay situation for Holiday:
Employee works the day before Thanksgiving, then the day after Thanksgiving they are scheduled to work. If they call off sick or do not work, then there is no Holiday pay because they did not work their immediate shift after the Holiday. If an employee is normally off on Thursdays and Thanksgiving is on a Thursday that they are off work, they still get paid for the Holiday. It does not matter if they are normally off that day or not. It is a benefit for all employees not a condition of schedule. The other exception is if an employee works a Holiday (as Dispatchers do) then they do not get a day off with pay, they get paid double time for the shift worked. If the shift is a 12-hour shift, then they will get paid 12 hours of Holiday pay and if the shift is an 8-hour shift, they would get 8 hours of Holiday pay. Everyone else in the company gets the day off with pay. They even get a day off with pay if the Holiday falls on a weekend and they don’t work weekends. If an employee has taken a vacation and a Holiday is in the week of their vacation, they are given Holiday pay and the other four days would be PTO.
The Company will attempt to accommodate employee requests to observe religious holidays. Employees may request unpaid time off from work for the observance of religious holidays by notifying his or her immediate supervisor at least 10 days in advance of the required time off. PTO may be used to receive pay for religious observances.
Paid Time Off (PTO) Benefits
All employees are eligible to accrue and utilize Paid Time Off (PTO). Regular employees become eligible to use accrued PTO upon completion of their 90-day adjustment period.
PTO is accrued on a per annum basis, beginning on the first day of employment, as follows:
Regular Full-time Employee
Annual PTO Accrual (52 pay periods per year)
Years 1-4 2.46 hours per pay period, up to 128 hours per year
Years 5-9 3.23 hours per pay period, up to 168 hours per year
Years 10+ 4.00 hours per pay period, up to 208 hours per year
Regular Part-time Employee (29 hours and below) - Annual PTO Accrual (52 pay periods per year). Accrue 0.77 hours per week up to 40 hours per year. Maximum carry over is 8 hours.
Employees may carry over up to 24 hours of unused accrued PTO from year to year. An employee with more than 24 hours of unused PTO at the end of the current year will forfeit those hours above 24. At the end of the year, an employee may carry over PTO. However, the maximum amount of PTO that an employee can accrue at any time is 232 hours. There can be no accrual of PTO beyond 232 hours.
All PTO requests must be submitted to your manager in writing or through Paylocity, at least seven days in advance. Individuals with the longest length of service generally will be given preference. The Company has the discretion to approve or deny vacation requests based on operational requirements and staffing needs. The Company may approve use of PTO before it has been earned but will require an employee to pay back any advanced PTO if the employee quits or is terminated prior to earning the PTO used. In such a case, these advanced funds will be considered a pre-payment of wages that will be reflected on the Employees' final check.
PTO will be paid at the employee's normal rate of pay (at the time of the PTO) for the hours the employee would normally have worked that day(s). If a paid holiday falls during a period of scheduled PTO, the employee will be paid for the holiday and that day will not be deducted from the employee's PTO accrual balance. PTO may be taken in minimum increments of four hours.
Upon the termination of employment for any reason, besides employee abandoning job or quitting without giving a proper written two-week notice, employees will be paid for any unused PTO that has accrued through the last day of work. In the case that a proper written notice is not given, all accrued PTO will not be paid upon the last day worked.
Calling Off Sick
If you will be out of work due to illness or due any other emergency for which notice could not be provided, you must call in and notify your supervisor as early as possible- at least 2 hours before the start of your shift. If you call in sick for three (3) or more consecutive days, you may be required to provide your supervisor with a doctor's note on the day you return to work. You must get confirmation from your manager to ensure your absence is approved.
Please note that if you are absent for any reason, your PTO time will be exhausted or used at the company’s discretion.
Xpress Cargo, Inc. offers paid time off in the event of an immediate family member’s death. An immediate family member is defined as: father, mother, brother, sister, grandparents, grandchild, current spouse, and child. The maximum amount of paid time off is three days. An employee needing time off in excess of the time allowed for bereavement leave must submit a request, and it will be granted at the Company’s discretion after consideration of all relevant factors. For purposes of this policy, an out-of-town funeral is one that is held more than two hundred (200) miles from the employee's home office.
In the event of an extended family member’s death: step-father, step-mother, step-brother, step-sister, step-child, step-grandparent, step-grandchild, current mother-and father-in-law, current brother-and sister-in-law, uncle, aunt, cousin, or legal guardian, Xpress Cargo, Inc. offers unpaid time off. The maximum amount of time off is three days.
All regular employees shall be allowed to attend jury duty service in accordance with their legal obligations to do so.
An employee who receives a jury duty summons shall present the summons to his or her supervisor immediately. Employees on jury duty must report to work on days or parts of days when they are not required to serve.
The Company will pay employees for jury duty leave up to a maximum of three days. Jury duty leave in excess of three days shall be unpaid. Jury duty pay will be calculated on the employee’s base pay rate times the number of hours the employee would otherwise have worked on the day of absence. We do require documentation and proof of time spend away from work while serving jury duty.
As the polls are open from 6:00 am to 6:00 pm on Election Day, you should plan to vote before or after work. The right to vote is a treasured obligation in our country and we hope all employees will fulfill this civic responsibility.
Worker's Compensation Insurance
Xpress Cargo, Inc. provides a comprehensive workers' compensation insurance program at no cost to employees. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers' compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately. Any employee that is injured or has a work related illness while on the clock and working must immediately notify your Supervisor of the injury or illness.
Report All Work Related Injuries
Employees who sustain work-related injuries or illnesses should inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. The Supervisor will have you complete a report detailing the injury and what happened for insurance reasons. This will enable an eligible employee to qualify for coverage as quickly as possible.
Neither Xpress Cargo nor the insurance carrier will be liable for the payment of workers' compensation benefits for injuries that occur during an employee's voluntary participation in any off-duty recreational, social, or athletic activity sponsored by
Xpress Cargo, Inc.
Employee will be responsible for their own health benefit payments. Workers Compensation does not pay for this. The Employee will need to send in a check payable to Xpress Cargo, Inc.
All regular full-time employees who have completed their adjustment periods are eligible to take an unpaid medical leave of absence for up to thirty (30) days, at the discretion of Xpress Cargo, Inc. A request for a medical leave of absence must be submitted on a Leave of Absence Request form. All requests for a medical leave of absence must be accompanied by a statement from the employee’s health care provider indicating the need for the medical leave and the expected return to work date. All medical leaves of absence must be approved in advance by the employee’s supervisor or manager and Human Resources. Medical leaves for more than thirty (30) days may be granted at the sole discretion of the Company.
A request for a medical leave of absence will be considered on the basis of the employee’s length of service, performance, responsibility level, the reason for the leave, whether other individuals are already out on leave, and the expected impact of the leave on the Company’s operations.
The period during which an employee is on a medical leave of absence is unpaid and will not be considered time worked for purposes of determining eligibility for, or the amount of, certain benefits, such as PTO time. When an employee returns from a leave of absence, the eligibility and accrual dates for such benefits will be adjusted forward to reflect the period of the leave. If a paid holiday falls during the period an employee is on a leave of absence, the employee will not be eligible for the holiday pay.
Except as required by law, Xpress Cargo, Inc. cannot guarantee an employee’s position will be open when he or she returns from the leave of absence. If an employee’s former position is unavailable when he or she is ready to return to work from an approved leave, reasonable efforts will be made to place the employee in a comparable position for which he or she is qualified. An employee who does not accept the position offered will be considered to have voluntarily terminated his or her employment with Xpress Cargo, Inc., effective the day such refusal is made.
If an employee does not return to work immediately after an approved medical leave or fails to contact the Company to request an extension of the leave, Xpress Cargo, Inc. will assume that the employee has voluntarily resigned his or her position with the Company. Employees who resign in this manner are not eligible for rehire.
Family and Medical Leave (FMLA)
Employees may be entitled to a leave of absence under the Family and Medical Leave Act ("FMLA"). This policy provides employees with information concerning FMLA entitlements and obligations employees may have during such leaves. Whenever permitted by law, the Company will run FMLA leave and any other leave provided under state or local law. If employees have any questions concerning FMLA, they should contact Human Resources. The FMLA provides eligible employees up to 12 workweeks of unpaid leave for certain family and medical reasons during a 12-month period. The 12-month period is based on a rolling 12-month period measured backwards from when an employee first uses FMLA leave.
According to the FMLA, leave may be requested for any of the following reasons:
The birth of the associate’s child or the placement of a child with the associate for adoption or foster care
To care for the associate’s spouse, child or parent who has serious health condition as defined by the FMLA
The associates own serious health condition as defined by the FMLA (including pregnancy) that causes him or her to be unable to perform the essential functions of his or her job
Military Caregiver Leave or Qualifying Exigency Leave
An employee must:
Have been employed by a covered Company* for at least 12 months
(which need not be consecutive);
Have worked for a covered Company at least 1250 hours during the 12-month period immediately preceding the commencement of the leave; and
Be employed at a worksite where 50 or more employees of a covered Company are located within 75 miles of the worksite.
Intermittent Leave and Reduced Leave Schedules
FMLA leave usually will be taken for a period of consecutive days, weeks or months. However, employees are also entitled to take FMLA leave intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member or the serious injury or illness of a covered service member. Leave due to qualifying exigencies may also be taken on an intermittent or reduced schedule basis.
Employees are also eligible for intermittent leave for bonding with a child following birth or placement. Intermittent leave for bonding purposes generally must be taken in two-week increments, but the Company permits two occasions where the leave may be for less than two weeks.
Timing of Employee Notice:
Employees 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, or the approximate timing of the need for leave is not foreseeable, employees must provide the Company notice of the need for leave as soon as practicable under the facts and circumstances of the particular case. Employees who fail to give 30 days’ notice for foreseeable leave without a reasonable excuse for the delay, or otherwise fail to satisfy FMLA notice obligations, may have FMLA leave delayed or denied, to the extent permitted by applicable law. If you have any questions, please contact Human Resources.
Substitute Paid Leave for Unpaid FMLA:
If employees request FMLA leave because of disability due to pregnancy, childbirth or related medical conditions, they must first substitute/exhaust any accrued PTO for unpaid family/medical leave.
If employees request FMLA leave because of their own serious health conditions (excluding absences for which employees are receiving workers' compensation or short-term disability benefits), they must first substitute/exhaust any accrued paid time off.
If employees request FMLA leave to care for a covered family member with a serious health condition or bond with a newborn child, they must first substitute/exhaust any accrued paid time off for family/medical leave. Once accrued paid time off is exhausted, time off will be unpaid.
The substitution of paid time off for unpaid family/medical leave time does not extend the length of FMLA leaves and the paid time off runs concurrently with the FMLA entitlement.
Time requested off for FMLA eligible employee will deduct from leave balance.
Payment of Employee's Share of Health Insurance Premiums:
As noted above, during FMLA leave, employees are entitled to continued group health plan coverage (if applicable) under the same conditions as if they had continued to work. If paid leave is substituted for unpaid family/medical leave, the Company will deduct employees' shares of the health plan premium as a regular payroll deduction.
If FMLA (or if short- or long-term disability is used) leave is unpaid, employees must pay their portion of the premium by a method determined by the Company upon leave.
The Company's obligation to maintain health care coverage ceases if an employee's premium payment is more than 30 days late. If an employee's payment is more than 15 days late, the Company will send a letter notifying the employee that coverage will be dropped on a specified date unless the co-payment is received before that date. If employees do not return to work within 30 calendar days at the end of the leave period (unless employees cannot return to work because of a serious health condition or other circumstances beyond their control) they will be required to reimburse the Company for the cost of the premiums the Company paid for maintaining coverage during their unpaid FMLA leave.
Military Service Leave
A military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA). Advance notice of military service is required, unless military necessity prevents such notice, or it is otherwise impossible or unreasonable.
Employees will receive partial pay for two-week training assignments and shorter absences. Upon presentation of satisfactory military pay verification data, employees will be paid the difference between their normal base compensation and the pay (excluding expense pay) received while on military duty.
Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible.
PTO and holiday benefits will continue to accrue during a military leave of absence of no more than 2 weeks.
Employees on military leave for up to 30 days are required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time. Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws.
Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable one depending on the length of military service in accordance with USERRA. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service.