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Auxiliary Services Student Handbook

Core Policies 

1.0 Welcome 

1.1 A Welcome Policy

Welcome to Auxiliary Services, State University College at Oswego, Inc. As a student employee, you join a group of over 600 SUNY Oswego students in helping provide various non-academic services on campus. Included are the College Stores, Fallbrook Recreation Center, Resident Dining, Retail Dining and Catering, washers and dryers, student health insurance, and vending. Auxiliary Services also funds various cultural and social events on campus.

Auxiliary Services recognizes that as a student your primary goal while attending SUNY Oswego is to receive a quality education. In appreciation of this we try to provide students with valuable work experience while earning money to offset the expenses of college.

While working in your unit your primary role is that of an employee. While in that role you are entitled to certain rights and entrusted with certain responsibilities. The intention of this handbook is to highlight these rights and responsibilities. If you have questions concerning the handbook feel free to stop by my office in room 507 Culkin Hall for clarification.

Auxiliary Services values the input of its student employees and encourages them to share their thoughts and ideas with management. We hope that by maintaining open lines of communication, we will reap benefits in student employee satisfaction and increased productivity.

Whether you are a new student on campus or a returning one, Auxiliary Services welcomes you. We look forward to a fruitful year at SUNY Oswego.
Stephen McAfee

1.2 At-Will Employment

Your employment with Auxiliary Services - SUNYCO, Inc. is on an "at-will" basis. This means your employment may be terminated at any time, with or without notice and with or without cause. Likewise, we respect your right to leave the Company at any time, with or without notice and with or without cause.
Nothing in this handbook or any other Company document should be understood as creating a contract, guaranteed or continued employment, a right to termination only "for cause," or any other guarantee of continued benefits or employment. Only the Executive Director has the authority to make promises or negotiate with regard to guaranteed or continued employment, and any such promises are only effective if placed in writing and signed by the Executive Director.
If a written contract between you and the Company is inconsistent with this handbook, the written contract is controlling.
Nothing in this handbook will be interpreted, applied, or enforced to interfere with, restrain, or coerce employees in the exercise of their rights under Section 7 of the National Labor Relations Act.
This policy may not be appropriate in its entirety for employees working in Montana.

2.0    Introductory Language and Policies

2.1 Ethics Code

Auxiliary Services - SUNYCO, Inc. will conduct business honestly and ethically wherever operations are maintained. We strive to improve the quality of our services, products, and operations and will maintain a reputation for honesty, fairness, respect, responsibility, integrity, trust, and sound business judgment. Our managers and employees are expected to adhere to high standards of business and personal integrity as a representation of our business practices, at all times consistent with their duty of loyalty to the Company.

We expect that officers, directors, and employees will not knowingly misrepresent the Company and will not speak on behalf of the Company unless specifically authorized. The confidentiality of trade secrets, proprietary information, and similar confidential commercially-sensitive information (e.g., financial or sales records/reports, marketing or business strategies/plans, product development, customer lists, patents, or trademarks) about the Company or operations, or that of our customers or partners, is to be treated with discretion and only disseminated on a need-to-know basis (see policies relating to privacy).

Violation of the Ethics Code can result in discipline, up to and including termination of employment. The degree of discipline imposed may be influenced by the existence of voluntary disclosure of any ethical violation and whether or not the violator cooperated in any subsequent investigation.
 

2.2 Mission Statement

Auxiliary Services mission is to support the mission of the university community we serve.

SUNY Oswego Mission

SUNY Oswego Contributes to the common good by lighting the path to wisdom and empowering every person in the university community to pursue a meaningful life as a productive, responsible member of society.
 

2.3 Revisions to Handbook

This handbook is our attempt to keep you informed of the terms and conditions of your employment, including Auxiliary Services - SUNYCO, Inc. policies and procedures. The handbook is not a contract. The Company reserves the right to revise, add, or delete from this handbook as we determine to be in our best interest, except the policy concerning at-will employment. When changes are made to the policies and guidelines in this handbook, we will communicate them promptly, either in a written supplement to the handbook or by posting (on company bulletin boards or websites).

3.0 Hiring and Orientation Policies

3.1 Accommodations for Pregnancy, Childbirth, and Related Medical Conditions

Auxiliary Services - SUNYCO, Inc. recognizes the importance of supporting employees experiencing limitations related to pregnancy, childbirth, or related medical conditions by providing reasonable accommodations. We are committed to complying with the federal Pregnant Workers Fairness Act (PWFA) and any applicable state or local laws offering additional protections.

Examples of reasonable accommodations include:

  • Additional break time for restroom use, meals, hydration, and rest.
  • Seating options allowing for sitting or standing as needed.
  • Schedule changes, part-time work, and paid and unpaid leave.
  • Flexible work hours to accommodate medical appointments and physical needs.
  • Telework (remote work).
  • Closer parking spots to the workplace entrance.
  • Light duty.
  • Making existing facilities accessible or modifying the work environment.
  • Job restructuring.
  • Temporarily suspending one or more essential functions of your job.
  • Acquiring or modifying equipment, uniforms, or devices.
  • Adjusting or modifying examinations or policies.

If you require an accommodation, notify your Managers. In instances where the need for a particular accommodation is not obvious, you may be asked to provide:

  • The reason an accommodation is needed.
  • A description of the proposed accommodation.
  • Information on how the accommodation will effectively address your limitations.

Medical documentation will not be required in the following situations:

  • When the limitation and need for an accommodation is obvious.
  • If the Company is already aware of the limitation due to previous disclosures.
  • When requesting accommodations such as additional restroom breaks, fluid intake, food breaks, or seating arrangements, which are considered presumptively reasonable.
  • For any lactation accommodations.
  • When a similar accommodation has been provided to other employees without requiring documentation.

The Company will engage in an interactive process with you to identify suitable accommodations. While we strive to accommodate all requests, certain accommodations may not be provided if they would result in undue hardship to the Company. Factors considered include the nature and cost of the accommodation, the overall financial resources of the facility, and the impact on operations, including safety and efficiency.
If leave is provided as a reasonable accommodation, it may run concurrently with leave under the federal Family and Medical Leave Act (FMLA) and/or any other applicable leave as permitted by law.

The Company strictly prohibits retaliation against employees who request or utilize an accommodation under this policy.

3.2 Disability Accommodation

Auxiliary Services - SUNYCO, Inc. complies with the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act, and all applicable state and local fair employment practices laws, and is committed to providing equal employment opportunities to qualified individuals with disabilities, including disabilities related to pregnancy, childbirth, and related conditions. Consistent with this commitment, the Company will provide reasonable accommodation to otherwise qualified individuals where appropriate to allow the individual to perform the essential functions of the job, unless doing so would create an undue hardship on the business.

If you require an accommodation because of your disability, it is your responsibility to notify your Managers. You may be asked to include relevant information such as:

  • The reason you need an accommodation.
  • A description of the proposed accommodation.
  • How the accommodation will help you perform the essential functions of your job.

After receiving your request, the Company will engage in an interactive dialogue with you to determine the precise limitations of your disability and explore potential reasonable accommodations that could overcome those limitations. Where appropriate, we may need your permission to obtain additional information from your medical provider. All medical information received by the Company in connection with a request for accommodation will be treated as confidential.

The Company encourages you to suggest specific reasonable accommodations that you believe would allow you to perform your job. However, the Company is not required to make the specific accommodation requested by you and may provide an alternative accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on the Company.

Where state or local law provides greater protections to employees than federal law, the Company will apply the law that provides the greatest benefit to employees.

If leave is provided as a reasonable accommodation, such leave may run concurrently with leave under the federal Family and Medical Leave Act and/or any other leave where permitted by state and federal law.
The Company will not discriminate or retaliate against employees for requesting an accommodation.

3.3 Employment Authorization Verification

New hires will be required to complete Section 1 of federal Form I-9 on the first day of paid employment and must present acceptable documents authorized by the U.S. Citizenship and Immigration Services proving identity and employment authorization no later than the third business day following the start of employment with Auxiliary Services - SUNYCO, Inc. If you are currently employed and have not complied with this requirement or if your status has changed, inform your Managers.

If you are authorized to work in this country for a limited time, you will be required to submit proof of renewed employment eligibility prior to expiration of that time to remain employed by the Company.

3.4 Job Descriptions

Auxiliary Services - SUNYCO, Inc. attempts to maintain a job description for each position. If you do not have a current copy of your job description, you should request one from your Managers.
Job descriptions prepared by the Company serve as an outline only. Due to business needs, you may be required to perform job duties that are not within your written job description. Furthermore, the Company may have to revise, add to, or delete from your job duties per business needs. On occasion, the Company may need to revise job descriptions with or without advance notice to employees.

If you have any questions regarding your job description or the scope of your duties, please speak with your Managers.

As a student employee, you maintain a dual role in the college community. Your primary role is, of course, being a student. However, when you assume the responsibility of an employee of Auxiliary Services the role becomes one of service to the college community. All Auxiliary Services employees strive to maintain our corporate core values:

It is for these purposes that the following policies guide these student employee work responsibilities.
Customer Service:  When at work, have a smile for all. Take pride in what you do.
Teamwork:  All of our customers are important. Co-workers are also customers.
Financial Stability:  Respect the time clock. It is your responsibility to work or cover via a sub.

3.5 New Hires and Introductory Periods

Auxiliary Services believes that the relationship between the Corporation and you is a mutually supportive one. To this end, you will have an orientation period lasting the first three shifts. During this time you can become familiar with the employment expectations and practices of your position.  You will be provided with the necessary support to help you become a satisfied and productive member of our team. Your employment will be continued after the end of this period unless problems have arisen that we have been unable to resolve. Should you elect to end your employment during this period, such a decision will not hinder you from being employed by Auxiliary Services in the future, provided you have followed the notice and replacement procedures. The policies and guidelines described in this handbook are effective from the start of your orientation period.

3.6 Posting of Openings

Auxiliary Services - SUNYCO, Inc. desires to promote qualified employees from within where it believes that is possible, consistent with the need to assure that all positions are staffed by highly competent individuals. New job openings generally will be posted on the bulletin board, as well as on our Internet site.  

3.7 Religious Accommodation

Auxiliary Services - SUNYCO, Inc. recognizes the diversity of religious beliefs and is committed to providing equal employment opportunities to all employees, regardless of their religious beliefs and practices or lack thereof. Consistent with this commitment, the Company complies with Title VII of the Civil Rights Act of 1964 and all applicable state and local laws that prohibit employment discrimination on the basis of religion. The Company will reasonably accommodate the sincerely held religious beliefs of employees if the accommodations would resolve a conflict between the individual's religious belief or practice and a work requirement, unless doing so would create an undue hardship.

Requesting a Religious Accommodation

If you need an accommodation because of your religious beliefs or practices, make the request with your Managers. You may be asked to include relevant information such as:

  • A description of the proposed accommodation.
  • The reason you need the accommodation.
  • How the accommodation will help resolve the conflict between your religious beliefs or practices (or lack thereof) and your work requirements.

After receiving your request, the Company will engage in an interactive dialogue with you to explore potential accommodations that could resolve the conflict between your religious beliefs or practices and work requirements. The Company encourages you to suggest specific reasonable accommodations. However, the Company is not required to make the specific accommodation requested by you and may provide an alternative accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on the Company.

The Company will not discriminate or retaliate against employees who, in good faith, request a religious accommodation under this policy.

4.0 Wage and Hour Policies

4.1 Attendance

Auxiliary Services - SUNYCO, Inc. requires regular and punctual attendance by employees. You are expected to arrive at the workplace on time and ready to perform your job. Failure to comply with this policy may result in disciplinary action, up to and including termination.

If you are not going to arrive at work or return from a break on time, you must notify your Managers as soon as possible but at least one (1) hour before your scheduled start time. 

If you must miss work due to an emergency or other unexpected circumstance, notify your Managers as soon as possible. Notice should include the expected duration of your absence and your expected time or date of return. You may be required to provide documentation of the need for the absence, as permitted by applicable law.

If you become ill during your scheduled workday and need to leave before the end of your shift, notify your Managers immediately. If you are unable to perform your job at an acceptable level due to illness, you may be sent home until you are well enough to work.

Absences will be considered excused if you requested the time off in accordance with Company policies and received the required approval for the absence. Absences will be considered unexcused if you are absent from work during scheduled work hours without permission and do not receive retroactive approval. This policy applies to all absences, including full- or partial-day absences, late arrivals, and early departures. 

Planned absences, such as vacations or medical appointments, should be arranged as far in advance as possible. If you need to be absent during the workday, attempt to schedule outside appointments or obligations so that your absence has the smallest impact possible on business operations.

The Company reserves the right to apply unused vacation, sick time, or other paid time off to unauthorized absences when permitted by applicable law. Absences resulting from approved leave, vacation, or legal requirements are exceptions to this policy.

If you fail to report to work for three or more consecutive days and have not provided proper notification, the Company will assume that you have voluntarily resigned your position and will proceed with the termination process.

4.2 Direct Deposit

Auxiliary Services - SUNYCO, Inc. encourages all employees to enroll in direct deposit. If you would like to take advantage of direct deposit during the hiring process, ask the Student Payroll Coordinator for an application form if you need to change anything. Typically, the bank will begin the direct deposit of your payroll within 30 calendar days after you submit your completed application.

If you have selected the direct deposit payroll service, a written explanation of your deductions will be provided to you on paydays in lieu of a check.

4.3 Employment Classifications

The Company designates all employees as either exempt or nonexempt in compliance with applicable federal, state, and local law:

  • Exempt employees. Exempt employees are generally paid a fixed salary and are not entitled to overtime pay.
  • Nonexempt employees. Nonexempt employees are entitled to minimum wage and overtime pay.

The Company also assigns each employee to one of the following categories:

  • Encumbered. - An encumbered position is one that is normally held by a full or part-time employee who maintains the right to return to that position.  A casual employee may work in that capacity for up to but no longer than a 52 consecutive week period.  Any casual employee who works in an encumbered position or in any combination of encumbered positions for 52 consecutive weeks must be either: A) assigned to a permanent position immediately and their probationary/orientation period will begin in accordance with the Collective Bargaining Agreement/Professional Employee Handbook; or B) prohibited from working as a casual employee for 26 weeks.  A college recess period does not constitute a break in service.  These conditions have been established to ensure that these employees who provide services on a regular basis and upon which Auxiliary Services depends, receive benefits associated with such services. 
    Example 1  - A permanent cook must have three weeks off for medical attention.  A casual employee may be utilized for that period.  When the permanent cook returns the casual employee will no longer be utilized in that job.
    Example 2 - A casual employee works 40 consecutive weeks for Dining Services and then works 12 weeks for the College Stores.  He/she must immediately be assigned to an existing, permanent vacancy (for which he/she meets the qualifications) or must not work as a casual employee for 26 consecutive weeks.
  • Unencumbered. - An unencumbered position is a position that exists only for a short period of time, specifically no more than 25 consecutive calendar days and no more than 60 cumulative days in any calendar year. 
    Example 3 - The College Stores have a full staff.  Additional people are needed to help put away deliveries of textbooks.  Casuals can be used for this job.  When the job is completed the casual assignment is over.
    Example 4 - An encumbered casual works 20 weeks in that capacity.  The employee then, without a break, works two weeks as an unencumbered casual.  The employee, without a break, goes on to work 30 weeks as an encumbered casual.   The employee may work up to 2 additional weeks before being assigned a permanent position, or to not work as a casual for a period of 26 weeks.
  • Professional Employees - Casual employees can be utilized in capacities considered to be professional in nature.  The Divisional Director will identify whether the casual is to be considered an “Exempt Manager or Non-Exempt Manager” employee.  This will be communicated in a letter of appointment.   Casual employees working as an Exempt Manager are expected to work, including attendance at meetings, the hours necessary to fulfill their professional obligations.  Exempt managers are not eligible for compensatory time or overtime pay.  Exempt managers may be given revised schedules during non-peak periods by divisional directors in recognition of excessive hours worked during peak periods.   This should not be interpreted as an hour-for-hour compensation agreement.
  • Student Employee -
    • Group Leader - You may wish to apply for the position of group leader. To be considered for a group leader position, you must have worked for Auxiliary Services for at least 150 hours and have a minimum cumulative GPA of 2.3. This position is one of leadership and service. You will be responsible for helping train, direct, and guide other student employees in accomplishing their duties. The valuable work experience gained while employed as a group leader will complement your academic studies and be a noteworthy addition to your resume when you graduate. Group Leaders will receive $0.20 above the current rate of pay for Student Employees. Newly appointed group leaders will be required to complete a 20-working-day probationary period to train for their new role. The group leader's supervisor will be responsible for monitoring when this probationary period has been completed.
    • Graduate Assistant - As Auxiliary Services continues to evolve and grow to meet the changing needs of the Oswego State University campus, our employees as well as Auxiliary Services’ employment needs change. To this end, the position of a graduate assistant has been added to the Student Employee Handbook.  To be eligible for employment under this heading, a student would need to be accepted and/or enrolled in a graduate degree program at SUNY Oswego. The individual in this position would need to complete their degree within a two-year period. The person in this job will be responsible for completing projects as assigned by the divisional director.  Hourly compensation will be the same as for a group leader. In addition, Auxiliary Services will pay 50% of the graduate assistant’s tuition.  A limited number of these positions will be available. The number of these positions, based on need, will be determined by the divisional director.

You will be informed of your classification, status, and responsibilities at the time of hire and at any time your classification, status, or responsibilities change. If you have a question regarding this information, contact your manager. These classifications do not alter your employment at-will status.

4.4 Introduction to Wage and Hour Policies

Your wages are calculated by multiplying the hours worked times your hourly rate. Wages are paid biweekly on Friday.

All student employees are able to view/print their paystubs through the secure website my-estub.com, regardless of whether or not you are on direct deposit. For students with paper checks, you will not receive an earnings sheet attached to your pay check. The information will be available when you sign on to my-estub.com using log-in information provided by the Accounting Office. Any questions or problems with my-estub, contact the Accounting Office (315-312-3669) or email [email protected]

Paychecks are distributed distributed at your work site during academic pay periods (Lakeside, Cooper, Pathfinder, Commissary, College Store, Accounting & Administration Office); Retail Dining & Catering checks are distributed from the Catering Office in room 504 Culkin Hall. Paychecks not picked up at the location the Thursday before the next pay date will be returned to 506 Culkin and mailed to the address listed on the paycheck.

Distribution of paychecks during recess periods will be posted prior to the pay date. In the event that you want someone else to pick up your check, you must provide your management representative with written permission. If you work at more than one location, one paycheck will be issued and distributed at the primary work location per payroll records (if unsure of that location, please check with the Accounting Office).

The last paycheck or two of each semester will automatically be mailed to the address on your paycheck. If you do not want your check mailed, you will be notified of other options available to you prior to the pay date. Email notices regarding payroll will come from [email protected]. Please read these.

4.5 Paycheck Deductions

Auxiliary Services - SUNYCO, Inc. is required by law to make certain deductions from your pay each pay period, including deductions for federal income tax, Social Security and Medicare (FICA) taxes, state income taxes, state unemployment taxes, state disability insurance taxes, and any other deductions required under law or by court order for wage garnishments. The amount of your tax deductions will depend on your earnings and the information you list on your federal Form W-4 and applicable state withholding form. Permissible deductions for exempt employees may also include, but are not limited to, deductions for full-day absences for reasons other than sickness or disability and certain disciplinary suspensions. You may also authorize certain voluntary deductions from your paycheck where permissible under state law. Your deductions will be reflected in your wage statement. If you have any questions about deductions from your pay, contact your Managers.

The Company will not make deductions to your pay that are prohibited by federal, state, or local law. Review your paycheck for errors each pay period and immediately report any discrepancies to your Managers.

You will be reimbursed in full for any isolated, inadvertent, or improper deductions, as defined by law. If an error is found, you will receive an immediate adjustment, which will be paid no later than your next regular payday.

The Company will not retaliate against employees who report erroneous deductions in accordance with this policy.

4.6 Recording Time

Auxiliary Services - SUNYCO, Inc. is required by applicable federal, state, and local laws to keep accurate records of hours worked by certain employees. To ensure that the Company has complete and accurate time records and that employees are paid for all hours worked, nonexempt employees are required to record all working time using Company timekeeping application. Speak with your Managers for specific instructions.

You must accurately record all of your time to ensure you are paid for all hours worked, and must follow established Company procedures for recording your hours worked. Time must be recorded as follows:

  • Immediately before starting your shift.
  • You may be required to record your lunch time depending on hours worked, consult manager.
  • Immediately after finishing work.
  • Immediately before and after any other time away from work.

Time sheets/time cards are to be turned in to your Managers or appropriate department by Sunday, end of day.

You are required to clock in. You should clock in no more than two minutes before the time you actually start working and clock out no later than two minutes after you actually stop working.

Notify your Managers or Student Payroll Coordinator of any pay discrepancies, unrecorded or misrecorded work hours, or any involuntarily missed meal or break periods.

Falsifying time entries is strictly prohibited. Falsifying time entries includes working "off the clock." If you falsify your own time records, or the time records of co-workers, or if you work off the clock, you will be subject to discipline up to and including termination. Immediately report to the Building Manager any employee, supervisor, or manager who falsifies your time entries or encourages or requires you to falsify your time entries or work off the clock.

5.0 Performance, Discipline, Layoff, and Termination

5.1 Criminal Activity/Arrests

Auxiliary Services - SUNYCO, Inc. will report all criminal activity in accordance with applicable law. Involvement in criminal activity while employed by the Company, whether on or off Company property, may result in disciplinary action including suspension or termination of employment.

You are expected to be on the job, ready to work, when scheduled. Inability to report to work as scheduled may lead to disciplinary action, up to and including termination of employment, for violation of an attendance policy or job abandonment.

5.2 Disciplinary Process

Violation of Auxiliary Services - SUNYCO, Inc.'s policies or procedures may result in disciplinary action, including demotion, transfer, leave without pay, or termination of employment. The Company encourages a system of progressive discipline depending on the type of prohibited conduct. However, the Company is not required to engage in progressive discipline and may discipline or terminate employees who violate the rules of conduct, or where the quality or value of their work fails to meet expectations at any time. Again, any attempt at progressive discipline does not imply that your employment is anything other than on an "at-will" basis consistent with applicable law. Note that the specific terms of your employment relationship, including termination procedures, are governed by the laws of the state in which you are employed.

Auxiliary Services has a commitment to a progressive discipline process that encourages you to learn from any mistakes that may occur. Your management representative or group leader will make you aware if you are abridging the policies and guidelines identified in this handbook. Through mutual discussion and agreement, you and a management representative will develop a course of action to correct these issues. If you have been told of an infraction and it occurs again, and if the infraction is deemed acute enough, you will be given a written coaching notice.  If a second written coaching notice is warranted in the same semester, it can be cause for dismissal. We hope that ongoing performance appraisals and verbal coaching will be adequate to correct any work-related concerns.

5.3 Employment Verification

Auxiliary Services - SUNYCO, Inc. policy is to confirm dates of employment, job title, and compensation (where permissible under applicable law). The Company will only provide such information with your written authorization. Requests for employment verification should be forwarded to Benefits Coordinator.

5.4 Open Door/Conflict Resolution Process

Auxiliary Services - SUNYCO, Inc. strives to provide a comfortable, productive, legal, and ethical work environment. To this end, we want you to bring any problems, concerns, or grievances you have about the work place to the attention of your Managers and, if necessary, to Human Resources or upper level management. To help manage conflict resolution we have instituted the following problem solving procedure:

If you believe there is inappropriate conduct or activity on the part of the Company, management, its employees, vendors, customers, or any other persons or entities related to the Company, bring your concerns to the attention of your Managers at a time and place that will allow the person to properly listen to your concern. Most problems can be resolved informally through dialogue between you and your immediate Managers. If you have already brought this matter to the attention of your Managers before and do not believe you have received a sufficient response, or if you believe that person is the source of the problem, present your concerns to Human Resources or upper level management. Describe the problem, those persons involved in the problem, efforts you have made to resolve the problem, and any suggested solution you may have.

5.5 Performance Reviews

Student employees are encouraged to share their ideas with group leaders or management staff. We know in your daily routine you may encounter problems or have questions that need to be answered.  

If you have any concerns, first discuss them with a management representative. If you are unsatisfied with the result of this discussion, you may contact your divisional director for further consideration. If you have not found satisfaction after discussing your suggestions or problems with your divisional director, you may then discuss the situation with the Executive Director, whose decision is final.

The desire and responsibility of each level of management are to try to address each problem or suggestion effectively. By maintaining open lines of communication we hope that our customers and organization will benefit.

Auxiliary Services has a commitment to a progressive discipline process that encourages you to learn from any mistakes that may occur. Your management representative or group leader will make you aware if you are abridging the policies and guidelines identified in this handbook.  Through mutual discussion and agreement you and a management representative will develop a course of action to correct these issues. If you have been told of an infraction and it occurs again, and if the infraction is deemed acute enough, you will be given a written coaching notice.  If a second written coaching notice is warranted in the same semester, it can be cause for dismissal. We hope that ongoing performance appraisals and verbal coaching will be adequate to correct any work-related concerns.

5.6 Standards of Conduct

Auxiliary Services - SUNYCO, Inc. wishes to create a work environment that promotes job satisfaction, respect, responsibility, integrity, and value for all our employees, clients, customers, and other stakeholders. We all share in the responsibility of improving the quality of our work environment. By deciding to work here, you agree to follow our rules.

While it is impossible to list everything that could be considered misconduct in the workplace, what is outlined here is a list of common-sense infractions that could result in discipline, up to and including immediate termination of employment. This policy is not intended to limit our right to discipline or discharge employees for any reason permitted by law.

Examples of inappropriate conduct include:

  • Violation of the policies and procedures set forth in this handbook.
  • Possessing, using, distributing, selling, or negotiating the sale of illegal drugs or other controlled substances.
  • Being under the influence of alcohol during working hours on Company property (including in Company vehicles), or on Company business.
  • Inaccurate reporting of the hours worked by you or any other employees.
  • Providing knowingly inaccurate, incomplete, or misleading information when speaking on behalf of the Company or in the preparation of any employment-related documents including, but not limited to, job applications, personnel files, employment review documents, intra-company communications, or expense records.
  • Taking or destroying Company property.
  • Possession of potentially hazardous or dangerous property (where not permitted) such as firearms, weapons, chemicals, etc., without prior authorization.
  • Fighting with, or harassment of (as defined in our EEO policy), any fellow employee, vendor, or customer.
  • Disclosure of Company trade secrets and proprietary and confidential commercially sensitive information (e.g., financial or sales records/reports, marketing or business strategies/plans, product development information, customer lists, patents, or trademarks) of the Company or its customers, contractors, suppliers, or vendors.
  • Refusal or failure to follow directions or to perform a requested or required job task.
  • Refusal or failure to follow safety rules and procedures.
  • Excessive tardiness or absences.
  • Smoking in nondesignated areas.
  • Working unauthorized overtime.
  • Solicitation of fellow employees on Company premises during working hours.
  • Failure to dress according to Company policy.
  • Use of obscene or harassing (as defined by our EEO policy) language in the workplace.
  • Engaging in outside employment that interferes with your ability to perform your job at this Company.
  • Gambling on Company premises.
  • Lending keys or keycards to Company property to unauthorized persons.

Nothing in this policy is intended to limit your rights under the National Labor Relations Act, or to modify the at-will employment status where at-will is not prohibited by state law.

6.0 General Policies

6.1 Employer Sponsored Social Events

Auxiliary Services - SUNYCO, Inc. holds periodic social events for employees. Be advised that your attendance at these events is voluntary and does not constitute part of your work-related duties. Any exceptions to this policy must be in writing and signed by a Managers prior to the event.

6.2 Nonsolicitation/Nondistribution Policy

Auxiliary Services - SUNYCO, Inc. prioritizes a harmonious work environment that minimizes disruption to business operations and respects the focus of employees, visitors, and others. Our nonsolicitation/nondistribution policy aims to ensure a balanced approach to interactions within the workplace.

Solicitation

For the purposes of this policy, solicitation includes various activities such as selling items or services, seeking contributions, or seeking support for an organization. Solicitation, whether conducted verbally, in writing, or electronically, falls under this policy's scope.

During your assigned working hours, soliciting other employees is prohibited. Working hours refers to periods when either you or the employees you intend to solicit are expected to be actively engaged in work-related activities. You are permitted to engage in solicitation during authorized nonworking times, such as breaks, provided that the recipients of the solicitation are also on nonworking time.

Distribution

To ensure cleanliness, organization, and safety, the distribution of nonwork-related literature or items within working areas is prohibited at all times. Working areas do not include break/rest areas, lunchrooms, and parking lots. Electronic distribution of materials during work hours is also not allowed. Any literature that violates the Company's equal employment opportunity (EEO) and nonharassment policies, or knowingly spreads false information, is strictly prohibited. Non-employees are not permitted to distribute materials on company premises under any circumstances.

Statutory Rights and Communication

This policy is not meant to curtail the statutory rights of employees, including their right to discuss terms and conditions of employment. Open communication remains a vital part of our workplace culture.

Reporting Violations

If you become aware of violations of this policy, report them to your Managers.
We appreciate your cooperation in maintaining a respectful and focused work environment.

6.3 Personal Appearance

The success of Auxiliary Services depends on its employees and the service they provide to our customers. Professional appearance, behavior, and image are crucial to that success. It is very important that all employees represent themselves appropriately to those who depend on our services. Each division will provide guidelines governing appropriate personal dress and grooming. For special events or assignments you may be required to wear special dress as directed by management. Students inappropriately dressed will be asked to return home immediately to change on their own time. 

Name Tags - All student employees are required to wear their name tags whenever working.

Fragrant products, including but not limited to perfumes, colognes, and scented body lotions or hair products, should be used in moderation out of concern for others with sensitivities or allergies.

The Company, in accordance with applicable law, will reasonably accommodate employees with disabilities or religious beliefs that make it difficult for them to comply fully with the personal appearance policy unless doing so would impose an undue hardship on the Company. Contact your Managers to request a reasonable accommodation.

Failure to comply with the personal appearance standards may result in being sent home to groom or change clothes. Frequent violations may result in disciplinary action, up to and including termination of employment.

6.4 Personal Cell Phone/Mobile Device Use

While at work, employees are expected to refrain from using or handling cellular phones. Personal calls during the workday can interfere with customer service and employee productivity. Employees are asked to make or receive calls on personal cellular phones for personal business on non-work time where possible and to ensure that friends and family members are aware of Auxiliary Services’ policy. Please notify your manager or Divisional Director if you encounter a circumstance where you or a family member has a diagnosed medical condition that requires monitoring on a personal cell phone.

Use of personal cell phones and mobile devices at work can be distracting and disruptive and cause a loss of productivity. Thus, you should primarily use such personal devices during nonworking time, such as breaks and meal periods. During this time, use devices in a manner that is courteous to those around you. Outside of nonworking time, use of such devices should be minimal and limited to emergency use only. If you have a device that has a camera and/or audio/video recording capability, you are restricted from using those functions on Company property unless authorized in advance by management or when they are used in a manner consistent with your right to engage in concerted activity under section 7 of the National Labor Relations Act (NLRA).

You are expected to comply with Company policies regarding the protection of confidential and proprietary information when using personal devices.

You may connect your personal device to the campus network or equipment (computers, printers, etc.).

You may have the opportunity to use your personal devices for work purposes. The use of personal devices is limited to certain employees and may be limited based on compatibility of technology. To ensure the security of Company information, as members of an academic community, we are all familiar with the concept of intellectual property. Basically, the concept means that what we create - our ideas, our writings, our paintings, etc. - are the product of our selves and properly belong to us. Other people may use our work if we give them permission. The emergence of this concept of copyright protection in the past made it possible for people to earn a living from their creative activities. Just because the work has been made available in digital form, and thus readily accessible by computer, does NOT remove the copyright protection. For general copyright information, visit the US Copyright Office.

Nothing in this policy is intended to prevent employees from engaging in protected concerted activity under the NLRA.

You will be subject to disciplinary action up to and including termination of employment for violation of this policy.
 

6.5 Personal Data Changes

It is your obligation to provide Auxiliary Services - SUNYCO, Inc. with your current contact information, including current mailing address and telephone number. You should also inform the Company of any changes to your tax withholding status. Failure to do so may result in loss of benefits or delayed receipt of W-2 and other mailings. To make changes to this information, contact the Student Payroll Coordinator.

6.6 Social Media

Auxiliary Services - SUNYCO, Inc. acknowledges that social media has become an integral part of modern life that provides us with unique opportunities to communicate and share information with others. However, we also want to educate employees that their social media use can:

  • Pose risks to the Company's confidential and proprietary information, reputation, and brand;
  • Expose the Company to discrimination, harassment, and other claims; and
  • Jeopardize the Company's compliance with business rules and laws.

To minimize legal risks, avoid loss of productivity and distraction, and ensure that the Company's IT resources and communications systems are used appropriately, all employees must abide by the following policy regarding social media use.

Social Media

For purposes of this policy, social media refers to any means of posting content on the internet, including personal websites, social networking sites, blogs, chat rooms, and other online platforms, whether affiliated with the Company or not.

Use Good Judgment

While the Company respects your right to personal expression, you should assume that anything you do on social media—whether on a business or personal account—could be viewed by a colleague, supervisor, partner, supplier, competitor, investor, customer, or potential customer. As such, any social media activity, even from your personal account, reflects on the Company as well as on yourself. It is important to remember that anyone can see what you post (or what you posted five years ago).  

When engaged in social media conduct yourself in a manner consistent with Auxiliary Services core values of Customer Service, Teamwork and Financial Stability. Also take responsibility for the content you post, post responsibly and protect your personal privacy. Treat others as you wish to be treated, do not engage in any conduct that would not be acceptable in our workplace. Always use your best judgement; anticipate the impact of your communication when posting. Official social media and networking sites for Auxiliary Services will provide relevant and current information and be maintained by designated individuals.

Guidelines for Posting on Social Media

When posting:

  • Protect trade secrets, intellectual property, and confidential information related to the Company.
  • Do not make statements that are maliciously false or defamatory or would constitute unlawful harassment or discrimination.
  • Do not make express or implied threats of violence.
  • Avoid linking personal accounts to the Company as an official source.
  • Respect copyright, trademark, and third-party rights.
  • Do not use the Company's email addresses to register on social media platforms for personal use.
  • If you identify yourself as an employee of Auxiliary Services - SUNYCO, Inc. on your personal account and are posting about the Company, make it clear that your views are your own and that you are not speaking on behalf of the Company.

Using Social Media at Work

Do not use social media while on your work time, unless it is work related as authorized by your Managers or consistent with policies that cover equipment owned by the Company.

Media Contacts

If you are not authorized to speak on behalf of the Company, do not speak to the media on behalf of the Company. Direct all media inquiries for official Company responses to the Executive Director.

Retaliation

Retaliation against those reporting policy violations or cooperating in investigations is prohibited. Retaliatory actions may lead to disciplinary measures.

Violations

Violations of this policy may result in discipline, up to and including termination.

This policy does not limit employees’ rights to discuss wages, hours, or other terms and conditions of employment. All employees have the right to engage in or refrain from such activities.
 

6.7 Suggestion Policy

At Auxiliary Services - SUNYCO, Inc., we welcome suggestions for continued improvement and welcome your ideas for better ways to do your job, produce or sell the products or services of our Company, or meet customer and client needs. Discuss your ideas with your Managers or another member of the management team.

We also encourage you to offer any suggestions derived from seminars, magazines, or other outside sources of information you believe would add value to the Company.

Understand that any suggestions, innovations, inventions, or other matter created by you on work time or with Company tools or property are considered to be the property of the Company.

6.8 Use of Company Technology

This policy is intended to provide Auxiliary Services - SUNYCO, Inc. employees with the guidelines associated with the use of the Company information technology (IT) resources and communications systems.

This policy governs the use of all IT resources and communications systems owned by or available at the Company, and all use of such resources and systems when accessed using your own devices, including but not limited to:

  • Email systems and accounts.
  • Internet and intranet access.
  • Telephones and voicemail systems, including wired and mobile phones, smartphones, and pagers.
  • Printers, photocopiers, and scanners.
  • Fax machines, e-fax systems, and modems.
  • All other associated computer, network, and communications systems, hardware, peripherals, and software, including network key fobs and other devices.
  • Closed-circuit television (CCTV) and all other physical security systems and devices, including access key cards and fobs.https://ww1.oswego.edu/cts/policy-information

SUNY Oswego Technology Policy page

General Provisions

Company IT resources and communications systems are to be used for business purposes only unless otherwise permitted under applicable law.

All content maintained in Company IT resources and communications systems are the property of the Company. Therefore, employees should have no expectation of privacy in any message, file, data, document, facsimile, telephone conversation, social media post, conversation, or any other kind or form of information or communication transmitted to, received, or printed from, or stored or recorded on Company electronic information and communications systems.

The Company reserves the right to monitor, intercept, and/or review all data transmitted, received, or downloaded over Company IT resources and communications systems in accordance with applicable law. Any individual who is given access to the system is hereby given notice that the Company will exercise this right periodically, without prior notice and without prior consent.

The interests of the Company in monitoring and intercepting data include, but are not limited to: protection of Company trade secrets, proprietary information, and similar confidential commercially-sensitive information (i.e. financial or sales records/reports, marketing or business strategies/plans, product development, customer lists, patents, trademarks, etc.); managing the use of the computer system; and/or assisting employees in the management of electronic data during periods of absence.

You should not interpret the use of password protection as creating a right or expectation of privacy, nor should you have a right or expectation of privacy regarding the receipt, transmission, or storage of data on Company IT resources and communications systems.

Do not use Company IT resources and communications systems for any matter that you would like to be kept private or confidential.

Violations

If you violate this policy, you will be subject to corrective action, up to and including termination of employment. If necessary, the Company will also advise law enforcement officials of any illegal conduct.
 

6.9 Workplace Privacy and Right to Inspect

Auxiliary Services - SUNYCO, Inc. property, including but not limited to lockers, phones, computers, tablets, desks, work areas, vehicles, or machinery, remains under the control of the Company and is subject to inspection at any time, without notice to any employees, and without their presence.

You should have no expectation of privacy in any of these areas. We assume no responsibility for the loss of, or damage to, your property maintained on Company premises including that kept in lockers and desks.

7.0 Benefits

7.1 Family and Medical Leave (FMLA)

In accordance with the Family and Medical Leave Act of 1993 (FMLA), Auxiliary Services - SUNYCO, Inc. provides up to 12 or 26 weeks of unpaid, job-protected leave in a 12-month period to covered employees in certain circumstances.

Eligibility

To qualify for FMLA leave, you must:

  • Have worked for the Company for at least 12 months, although that time need not be consecutive;
  • Have worked at least 1,250 hours in the last 12 months; and
  • Be employed at a worksite that has 50 or more employees within 75 miles.

Reasons for Leave

You may take up to 12 weeks of unpaid FMLA leave in a 12-month period, which is defined as 365 days from first date of leave, for any of the following reasons:

  • The birth of a child and to care for that child (leave must be completed within one year of the child's birth);
  • The adoption or foster care placement of a child with you and in order to care for the newly placed child (leave must be completed within one year of the child's placement);
  • To care for a spouse, child, or parent with a serious health condition;
  • To care for your own serious health condition that makes you unable to perform the essential functions of your position; or
  • A qualifying exigency of a spouse, child, or parent who is a military member on covered active duty or called to covered active duty status (or has been notified of an impending call or order to covered active duty).

You may take up to 26 weeks of unpaid FMLA leave in a single 12-month period, beginning on the first day that you take FMLA leave, to care for a spouse, child, parent, or next of kin who is a covered service member and who has a serious injury or illness related to active duty service.

As used in this policy:

  • Spouse means a husband or wife as recognized under state law for the purposes of marriage in the state or other territory or country where the marriage took place.
  • Child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18 or age 18 or older and incapable of self-care because of a mental or physical disability at the time FMLA leave is to commence. A child for the purposes of military exigency or military care leave can be of any age.
  • Parent means a biological, adoptive, step, or foster parent, or any other individual who stood in loco parentis to you when you were a child.
  • Next of kin for the purposes of military care leave is a blood relative other than a spouse, parent, or child in the following order: brothers and sisters, grandparents, aunts and uncles, and first cousins. If a military service member designates in writing another blood relative as their caregiver, that individual will be the only next of kin. In appropriate circumstances, you may be required to provide documentation of next of kin status.

Notice

If the need for leave is foreseeable because of an expected birth, adoption, or a planned medical treatment, you must give at least 30 days' notice. If 30 days' notice is not possible, give notice as soon as practical (within one or two business days of learning of your need for leave). Failure to provide appropriate notice may result in the delay or denial of leave.

In addition, if you are seeking intermittent or reduced schedule leave that is foreseeable due to a planned medical treatment or a series of treatments for yourself, a family member, or covered service member, you must first consult with the Company regarding the dates of this treatment to work out a schedule that best suits your needs or the needs of the covered military member, if applicable, and the Company.

If the need for leave is unforeseeable, provide notice as soon as possible. Normal call-in procedures apply to all absences from work, including requests for absences under this policy. Failure to provide appropriate notice may result in the delay or denial of leave.

Certification

If you are requesting leave because of your own or a covered relative's serious health condition, you and the relevant healthcare provider must supply appropriate medical certification. You may obtain medical certification forms from the Benefits Coordinator. When you request leave, the Company will notify you of the requirement for medical certification and when it is due (at least 15 days after you request leave). If you provide at least 30 days' notice of medical leave, you should also provide the medical certification before leave begins. Failure to provide requested medical certification in a timely manner may result in denial of FMLA-covered leave until it is provided.

At our expense, the Company may require an examination by a second healthcare provider designated by us. If the second healthcare provider's opinion conflicts with the original medical certification, we, at our expense, may require a third, mutually agreeable, healthcare provider to conduct an examination and provide a final and binding opinion. Subsequent medical recertification may also be required. Failure to provide requested certification within 15 days, when practical, may delay further leave until it is provided.

The Company also reserves the right to require certification from a covered military member's healthcare provider if you are requesting military caregiver leave and certification in connection with military exigency leave.

Paid Leave Utilization During FMLA Leave

FMLA leave is unpaid.

FMLA leave runs concurrently with other leaves, such as accrued paid leave that is substituted for unpaid FMLA leave and any state family leave laws, to the extent allowed by applicable law. The substitution of paid leave for unpaid FMLA leave does not extend the 12 or 26 weeks (whichever is applicable) of FMLA leave. In addition, the substitution of paid leave for unpaid leave may not result in you receiving more than 100% of your salary.

If you are receiving short- or long-term disability or workers' compensation benefits during a personal medical leave, you will not be required to use accrued paid leave. However, where state law permits, you may elect to use accrued paid leave to supplement these benefits.

Leave Increments

Intermittent Leave

If medically necessary, FMLA leave for a serious health condition may be taken intermittently (in separate blocks of time) or on a reduced leave schedule (reducing the usual number of hours you work per workweek or workday). FMLA leave may also be taken intermittently or on a reduced leave schedule for a qualifying exigency relating to covered military service.

As FMLA leave is unpaid, the Company will reduce your salary based on the amount of time actually worked. In addition, while you are on an intermittent or reduced schedule leave that is foreseeable due to planned medical treatments, the Company may temporarily transfer you to an available alternative position that better accommodates your leave schedule and has equivalent pay and benefits.

Parental Leave

Leave for the birth or placement of a child must be taken in a single block and cannot be taken on an intermittent.  Parental leave must be completed within 12 months of the birth or placement of the child; however, you may use parental leave before the placement of an adopted or foster child to consult with attorneys, appear in court, attend counseling sessions, etc.

Family Care, Personal Medical, Military Exigency, and Military Care Leave

Leave taken for these reasons may be taken in a block or blocks of time. In addition, if a healthcare provider deems it necessary or if the nature of a qualifying exigency requires, leave for these reasons can be taken on an intermittent or reduced schedule basis.

Fitness for Duty Requirements

If you take leave because of your own serious health condition (except if you are taking intermittent leave), you are required, as are all employees returning from other types of medical leave, to provide medical certification that you are fit to resume work. You will not be permitted to resume work until certification is provided.

Health Insurance

As a part time employee of Auxiliary Services you are not entitled to health benefits.

Reinstatement

Upon returning to work at the end of leave, you will generally be placed in your original job or an equivalent job with equivalent pay and benefits. You will not lose any benefits that accrued before leave was taken.

Spouse Aggregation

If both you and your spouse work at the Company, you are collectively eligible for 12 weeks of leave for the birth or placement of a child or to care for a parent with a serious health condition. Similarly, spouses employed by the Company will be limited to a combined total of 26 weeks of leave to care for a military service member. This 26-week leave period will be reduced, however, by the amount of leave taken for other qualifying FMLA events. This type of leave aggregation does not apply to leave needed for your own serious health condition, to care for a spouse or child with a serious health condition, or because of a qualifying exigency.

Failure to Return

If you fail to return to work or fail to make a request for an extension of leave prior to the expiration of the leave, you will be deemed to have voluntarily terminated your employment. The Company is not required to grant requests for open-ended leaves with no reasonable return date under these policies or as disability accommodations.

Alternative Employment

Consistent with the Company's Outside Employment Policy, you may not work or be gainfully employed for yourself or another employer while on a leave of absence [unless express, written permission to perform such work has been granted by the Company]. If you are on a leave of absence and are found to be in violation of this policy, you will be subject to disciplinary action up to and including termination.
 

Interaction with State and Local Laws

Where state or local laws intersect with the FMLA, the Company will comply with the law that is the most favorable to you.

Abuse of Leave

If you are found to have provided a false reason for a leave, you will be subject to disciplinary action, up to and including termination.

Designation of Leave

If the Company becomes aware of any qualifying reason for FMLA leave, the Company will designate it as such. You may not refuse FMLA designation under this policy.

Retaliation

The Company will not retaliate against employees who request or take leave in accordance with this policy.

Required Notice

The Company is required to provide you with a copy of the Your Employee Rights Under the Family and Medical Leave Act notice, which is attached as an addendum at the end of this handbook.
 

7.2 Federal Jury Duty Leave

Auxiliary Services - SUNYCO, Inc. encourages employees to fulfill their civic duties related to federal jury duty service. If you are summoned for federal jury duty, notify your Managers as soon as possible to make scheduling arrangements.

The Company will not discriminate or retaliate against employees for missing work due to federal jury service. Upon return to work, you will be reinstated to your prior position without loss of seniority and will be treated as if you have been on a leave of absence or furlough.

7.3 Military Leave (USERRA)

Auxiliary Services - SUNYCO, Inc. complies with applicable federal and state law regarding military leave and re-employment rights. A military leave of absence will be granted to members of the uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, with amendments) and all applicable state law. You must submit documentation of the need for leave to your manager. When returning from military leave of absence, you will be reinstated to your previous position or a similar position, in accordance with state and federal law. You must notify your Managers of your intent to return to employment based on requirements of the law. For more information regarding status, compensation, benefits, and reinstatement upon return from military leave, contact your manager.

7.4 Workers' Compensation Insurance

Workers' compensation is a no-fault system designed to provide benefits to all employees for work-related injuries. Workers' compensation insurance coverage is paid for by employers and governed by state law. The workers' compensation system provides for coverage of medical treatment and expenses, occupational disability leave, and rehabilitation services, as well as payment for lost wages due to work related injuries. If you are injured on the job while working at Auxiliary Services - SUNYCO, Inc., no matter how slightly, you are to report the incident immediately to your Managers. Consistent with applicable state law, failure to report an injury within a reasonable period of time could jeopardize your claim for benefits.

To receive workers' compensation benefits, notify your Managers immediately of your claim. If your injury is the result of an on-the-job accident, you must fill out an accident report. You will be required to submit a medical release before you can return to work.
 

8.0 Safety and Loss Prevention

8.1 Drug and Alcohol Policy

Auxiliary Services - SUNYCO, Inc. is committed to providing a safe, healthy, and productive work environment. Consistent with this commitment, it is the intent of the Company to maintain a drug and alcohol-free workplace. Being under the influence of alcohol, illegal drugs (as classified under federal, state, or local laws), or other impairing substances while on the job may pose a serious health and safety risk to others, and will not be tolerated.

Prohibited Conduct

The Company expressly prohibits employees from engaging in the following activities when they are on duty or conducting Company business or on Company premises (whether or not they are working):

  • The use, abuse, or being under the influence of alcohol, illegal drugs, or other impairing substances.
  • The possession, sale, purchase, transfer, or transit of any illegal or unauthorized drug, including prescription medication that is not prescribed to the individual, or drug-related paraphernalia.
  • The illegal use or abuse of prescription drugs.

While the use of marijuana has been legalized under some state laws for medicinal and/or recreational uses, it remains an illegal drug under federal law. The Company does not discriminate against employees solely on the basis of their lawful off-duty use of marijuana. You may not consume or be under the influence of marijuana while on duty or at work. If you have a valid prescription for medical marijuana, refer to the Company Disability Accommodation policy for additional information.

Nothing in this policy is meant to prohibit your appropriate use of over-the-counter medication or other medication that can legally be prescribed under both federal and state law, if it does not impair your job performance or safety or the safety of others. If you take over-the-counter medication or other medication that can legally be prescribed under both federal and state law to treat a disability, inform your Managers if you believe the medication may impair your job performance, safety, or the safety of others or if you believe you need a reasonable accommodation before reporting to work while under the influence of that medication.

Violations

Violation of this policy may result in disciplinary action, up to and including termination of employment.
 

8.2 General Safety

It is the responsibility of all Auxiliary Services - SUNYCO, Inc. employees to maintain a healthy and safe work environment, report any health or safety hazards, and follow the Company health and safety rules. Failure to do so may result in disciplinary action, up to and including termination of employment. The Company also requires that all occupational illnesses or injuries be reported to your Managers as soon as reasonably possible and that an occupational illness or injury form be completed on each reported incident.

8.3 Workplace Tobacco Usage

SUNY Oswego is tobacco free and smoke free.  Smoking of any kind and other uses of tobacco products is prohibited on campus, at extension campuses, at all indoor and outdoor events, college-sponsored programs and activities off campus, in personally owned vehicles parked on campus, and all vehicles and equipment owned, leased or operated by the college and its affiliate organizations.  Use of tobacco products other than smoking products and other smoking apparatus such as pipes, hookas and e-cigarettes, etc., is also prohibited.

Auxiliary Services’ employees will be expected to comply with campus policies regarding tobacco use on campus. Smoke Free Campus Policy.

8.4 Workplace Violence

As the safety and security of our employees, vendors, contractors, and the general public is in the best interests of Auxiliary Services - SUNYCO, Inc., we are committed to working with our employees to provide a work environment free from violence, intimidation, and other disruptive behavior.

Zero Tolerance Policy

The Company has a zero tolerance policy regarding workplace violence and will not tolerate acts or threats of violence, harassment, intimidation, and other disruptive behavior, either physical or verbal, that occurs in the workplace or other areas. This applies to management, co-workers, employees, and non-employees such as contractors, customers, and visitors.

Workplace violence can include oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm, damage to property, or any intentional behavior that may cause a person to feel threatened.

Prohibited Conduct

Prohibited conduct includes, but is not limited to:

  • Physically injuring another person.
  • Threatening to injure a person or damage property by any means, including verbal, written, direct, indirect, or electronic means.
  • Taking any action to place a person in reasonable fear of imminent harm or offensive contact.
  • Possessing, brandishing, or using a firearm on Company property or while performing Company business except as permitted by state law.
  • Violating a restraining order, order of protection, injunction against harassment, or other court order.

Reporting Incidents of Violence

Report to your Manager, Divisional Director and University Police, in accordance with this policy, any behavior that compromises our ability to maintain a safe work environment. All reports will be investigated immediately and kept confidential, except where there is a legitimate need to know. You are expected to cooperate in any investigation of workplace violence.

Violations

Violating this policy may subject you to criminal charges as well as discipline up to and including immediate termination of employment.

Retaliation

Victims and witnesses of workplace violence will not be retaliated against in any manner. In addition, you will not be subject to discipline for, based on a reasonable belief, reporting a threat or for cooperating in an investigation.

If you initiate, participate, are involved in retaliation, or obstruct an investigation into conduct prohibited by this policy, you will be subject to discipline up to and including termination.

If you believe you have been wrongfully retaliated against, immediately report the matter to your Manager or the Benefits Coordinator.

 

9.0 Trade Secrets and Inventions

9.1 Confidentiality and Nondisclosure of Trade Secrets

As a condition of employment, Auxiliary Services - SUNYCO, Inc. employees are required to protect the confidentiality of Company trade secrets, proprietary information, and confidential commercially sensitive information (i.e. financial or sales records/reports, marketing or business strategies/plans, product development, customer lists, patents, trademarks, etc.) related to the Company. Access to this information should be limited to a "need to know" basis and should not be used for personal benefit, disclosed, or released without prior authorization from management.

If you have information that leads you to suspect that employees are sharing such information in violation of this policy and/or competitors are obtaining such information, you are required to inform your Managers or Divisional Director.

Violation of this policy may result in disciplinary action up to and including termination, and may subject the violator to civil liability.

New York Policies

EEO Statement and Nonharassment Policy

Equal Employment Opportunity Policy

Auxiliary Services - SUNYCO, Inc. is committed to complying with all federal, state, and local equal employment laws. To that end, the Company is dedicated to maintaining a work environment that is free from harassment and discrimination based on the following protected classes: age, race (including traits historically associated with race, which include, but are not limited to, hair texture and protective hairstyles such as braids, locks, and twists), ethnicity, color, national origin (including ancestry), religion, creed, gender or sex, sexual orientation (including transgender status, gender identity or expression), pregnancy (including childbirth, lactation, and related medical conditions), pregnancy outcomes, reproductive healthcare and autonomy (including, but not limited to, the decision to use or access a particular drug, device, or medical service), disability, marital status, domestic violence victim status, familial status, military status, citizenship or immigration status, genetic information (including genetic characteristics), or any other protected status under federal, state, or local laws. The Company is dedicated to the fulfillment of this policy with respect to all aspects of employment, including, but not limited to, recruiting, hiring, placement, transfer, training, promotion, compensation, termination, and all other terms, conditions, and privileges of employment.
The Company will conduct a prompt and thorough investigation of all allegations of discrimination, harassment, or retaliation, or any violation of the Equal Employment Opportunity Policy in a confidential manner. The Company will take appropriate corrective action, if and where warranted. The Company prohibits retaliation against employees who provide information about, complain about, or assist in the investigation of any complaint of discrimination or violation of the Equal Employment Opportunity Policy.
We are all responsible for upholding this policy. You may discuss questions regarding equal employment opportunity with your Managers or any other designated member of management.
 

Policy Against Workplace Harassment

Auxiliary Services - SUNYCO, Inc. has a strict policy against all types of workplace harassment, including sexual harassment and other forms of workplace harassment, based upon an individual's membership in a protected class. All forms of harassment of, or by, employees, vendors, visitors, customers, and clients are strictly prohibited and will not be tolerated.

Sexual Harassment

The Company is committed to maintaining a workplace free from sexual harassment, which is unlawful and subjects the Company to liability. The Company prohibits any form of sexual harassment, and all employees are required to work in a manner that prevents sexual harassment.
For additional information on sexual harassment, including how to file a claim, see the Sexual Harassment Policy.
 

Other Harassment

Other workplace harassment is verbal or physical conduct that insults or shows hostility or aversion toward an individual because of the individual's membership in a protected class.
Again, while it is not possible to list all the circumstances that may constitute other forms of workplace harassment, the following are some examples of conduct that may constitute workplace harassment:

  • The use of disparaging or abusive words or phrases, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to the above-protected categories;
  • Written or graphic material that insults, stereotypes, or shows aversion or hostility toward an individual or group because of one of the above-protected categories and that is placed on walls, bulletin boards, or elsewhere on our premises, in emails or voicemails, or otherwise circulated in the workplace; and
  • A display of symbols, slogans, or items that are associated with hate or intolerance toward any select group.
     
Reporting Discrimination and Harassment

If you feel that you have witnessed or have been subjected to any form of discrimination or harassment, immediately notify your Divisional Director or any member of management.

The Company prohibits retaliation against employees who provide information about, complain about, or assist in the investigation of any complaint of harassment or discrimination.

The Company will promptly and thoroughly investigate any claim and take appropriate action where we find a claim has merit. To the extent possible, the Company will retain the confidentiality of those who report suspected or alleged violations of the harassment policy.

Discipline for violation of this policy may include, but is not limited to, reprimand, suspension, demotion, transfer, and discharge. If the Company determines that harassment or discrimination occurred, corrective action will be taken to effectively end the harassment. As necessary, the Company may monitor any incident of harassment or discrimination to assure the inappropriate behavior has stopped.
 

Alternative Reporting and Remedies

The Company encourages employees to report incidents of discrimination and harassment internally. However, employees who believe they have been subjected to discrimination or harassment in the workplace may file a private civil action or seek relief by either:

  • Filing a complaint alleging violation of the New York State Human Rights law with the Division of Human Rights, or in the New York State Supreme Court; or
  • Filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) for violation of federal antidiscrimination laws, including Title VII of the Civil Rights Act of 1964 (Title VII).

To file a complaint, contact the appropriate agency below.
 

Contact Information

New York Division of Human Rights
One Fordham Plaza, Fourth Floor 
Bronx, New York, NY 10458 
718-741-8400 
1-800-HARASS-3 (1-800-427-2773): Toll-free, confidential hotline for complaints of workplace sexual harassment 
www.dhr.ny.gov
 

Equal Employment Opportunity Commission (EEOC)
33 Whitehall St, 5th Floor 
New York, NY 10004 
800-669-4000 
TTY: 800-669-6820 
[email protected]
www.eeoc.gov
 

Local jurisdictions may have additional protections against discrimination and harassment. For example, workers in New York City may file complaints of discrimination or harassment with the New York City Commission on Human Rights at:

Law Enforcement Bureau
Commission on Human Rights 
40 Rector Street, 10th Floor 
New York, NY 10006 
212-306-7450 
www.nyc.gov/html/cchr/html/home/home.shtml

If the discrimination or harassment involves criminal activity, contact local police.
In any civil action alleging a violation of the laws prohibiting sexual harassment and discrimination, a court may order or award:

  • Damages, including, but not limited to, back pay, benefits, and reasonable attorneys' fees and costs;
  • Injunctive relief;
  • Reinstatement; and/or
  • Liquidated damages equal to 100% of the award for damages.

Any act of retaliation against New York employees for exercising any rights granted under this policy may subject the Company to separate civil penalties. For the purposes of this policy, retaliation or retaliatory personnel action means discharging, suspending, demoting, or otherwise penalizing employees for:
 

  • Making or threatening to make a complaint to the Company, a coworker, or to a public body, that rights guaranteed under this policy have been violated;
  • Causing to be instituted any proceeding under or related to this policy; or
  • Providing information to or testifying before any public body conducting an investigation, hearing, or inquiry into any such violation of a law, rule, or regulation by the Company.
     


 

Reproductive Health Rights Notice

Reproductive Health Rights Notice

Pursuant to New York’s Reproductive Health Bias Law (N.Y. Labor Law § 203-e), Auxiliary Services - SUNYCO, Inc. will not access your personal information regarding your own or your dependent’s reproductive health decision-making—including, but not limited to, the decision to use or access a particular drug, device, or medical service—without your prior informed affirmative written consent.
Furthermore, the Company will not:

  • Discriminate or retaliate against you with respect to compensation, terms, conditions, or privileges of employment because of, or on the basis of, your own or your dependent’s reproductive health decision-making; or
  • Require you to sign a waiver or other document that appears to deny you the right to make your own reproductive healthcare decisions.

If you believe your rights have been violated under this law, you may bring a civil action against the Company. In such civil action, the court may:

  • Award damages, including, but not limited to, back pay, benefits, and reasonable attorneys’ fees and costs;
  • Provide injunctive relief;
  • Order reinstatement; and/or
  • Award liquidated damages.

If you have questions related to this notice, consult your Managers.
 

Sexual Harassment Prevention

Purpose and Goals

Auxiliary Services is committed to maintaining a workplace free from harassment and discrimination. Sexual harassment is a form of workplace discrimination that subjects an employee to inferior conditions of employment due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation. Sexual harassment is often viewed simply as a form of gender-based discrimination, but the Company recognizes that discrimination can be related to or affected by other identities beyond gender (see NY EEO Statement and Nonharassment Policy). Our different identities impact our understanding of the world and how others perceive us. For example, an individual's race, ability, or immigration status may impact their experience with gender discrimination in the workplace. While this policy is focused on sexual harassment and gender discrimination, the methods for reporting and investigating discrimination based on other protected identities are the same. The purpose of this policy is to teach employees to recognize discrimination, including discrimination due to an individual's intersecting identities, and provide the tools to take action when it occurs. All employees, managers, and supervisors are required to work in a manner designed to prevent sexual harassment and discrimination in the workplace. This policy is one component of the Company's commitment to a discrimination-free work environment.

Goals of this Policy

Sexual harassment and discrimination are against the law. After reading this policy, employees will understand their right to a workplace free from harassment. Employees will also learn what harassment and discrimination look like, what actions they can take to prevent and report harassment, and how they are protected from retaliation after taking action. The policy will also explain the investigation process into any claims of harassment. Employees are encouraged to report sexual harassment or discrimination by filing a complaint internally with the Company, with a government agency, or in court under federal, state, or local antidiscrimination laws. To file a complaint internally, use the complaint form attached to the end of this handbook and submit it to Title IX Department. To file an employment complaint with the New York State Division of Human Rights, visit https://dhr.ny.gov/complaint. To file a complaint with the United States Equal Employment Opportunity Commission, visit https://www.eeoc.gov/filing-charge-discrimination.

Sexual Harassment and Discrimination Prevention Policy
  1. Auxiliary Services' policy applies to all employees, applicants for employment, and interns, whether paid or unpaid. The policy also applies to additional covered individuals. It applies to anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in our workplace. These individuals include persons commonly referred to as independent contractors, gig workers, and temporary workers. Also included are persons providing equipment repair, cleaning services, or any other services through a contract with the Company. For the remainder of this policy, we will use the term "covered individual" to refer to these individuals who are not direct employees of the Company.
  2. Sexual harassment is unacceptable. Any employee or covered individual who engages in sexual harassment, discrimination, or retaliation will be subject to action, including appropriate discipline for employees. In New York, harassment does not need to be severe or pervasive to be illegal. Employees and covered individuals should not feel discouraged from reporting harassment because they do not believe it is bad enough, or conversely because they do not want to see a colleague fired over less severe behavior. Just as harassment can happen in different degrees, potential discipline for engaging in sexual harassment will depend on the degree of harassment and might include education and counseling. It may lead to suspension or termination when appropriate.
  3. Retaliation is prohibited. Any employee or covered individual that reports an incident of sexual harassment or discrimination, provides information, or otherwise assists in any investigation of a sexual harassment or discrimination complaint is protected from retaliation. No one should fear reporting sexual harassment if they believe it has occurred. So long as a person reasonably believes that they have witnessed or experienced such behavior, they are protected from retaliation. Any employee of the Company who retaliates against anyone involved in a sexual harassment or discrimination investigation will face disciplinary action, up to and including termination. All employees and covered individuals working in the workplace who believe they have been subject to such retaliation should inform Title IX Coordinator.   All employees and covered individuals who believe they have been a target of such retaliation may also seek relief from government agencies, as explained in the Legal Protections section below.
  4. Discrimination of any kind, including sexual harassment, is a violation of our policies, is unlawful, and may subject the Company to liability for the harm experienced by targets of discrimination. Harassers may also be individually subject to liability, and employers or supervisors who fail to report or act on harassment may be liable for aiding and abetting such behavior. Employees at every level who engage in harassment or discrimination, including managers and supervisors who engage in harassment or discrimination or who allow such behavior to continue, will be penalized for such misconduct.
  5. The Company will conduct a prompt and thorough investigation that is fair to all parties. An investigation will happen whenever management receives a complaint about discrimination or sexual harassment, or when management otherwise knows of possible discrimination or sexual harassment occurring. The Company will keep the investigation confidential to the extent possible. If an investigation ends with the finding that discrimination or sexual harassment occurred, the Company will act as required. In addition to any required discipline, the Company will also take steps to ensure a safe work environment for the employee(s) who experienced the discrimination or harassment. All employees, including managers and supervisors, are required to cooperate with any internal investigation of discrimination or sexual harassment.
  6. All employees and covered individuals are encouraged to report any harassment or behaviors that violate this policy. All employees will have access to a complaint form to report harassment and file complaints. Use of this form is not required. For anyone who would rather make a complaint verbally, or by email, these complaints will be treated with equal priority. Employees who prefer not to report harassment to their Manager or the Company may instead report harassment to the New York State Division of Human Rights and/or the United States Equal Employment Opportunity Commission. Complaints may be made to both the employer and a government agency. Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to Title IX Coordinator.  
  7. This policy applies to all employees and covered individuals, such as contractors, subcontractors, vendors, consultants, or anyone providing services in the workplace, and all must follow and uphold this policy. This policy must be provided to all employees in person or digitally through email upon hiring and will be posted prominently in all work locations. For those offices operating remotely, in addition to sending the policy through email, it will also be available on the Company's shared network.
     
What Is Sexual Harassment?

Sexual harassment is a form of gender-based discrimination that is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender. Sexual harassment is not limited to sexual contact, touching, or expressions of a sexually suggestive nature. Sexual harassment includes all forms of gender discrimination, including gender role stereotyping and treating employees differently because of their gender.

Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression, and perceived identity are all forms of sexual harassment. The gender spectrum is nuanced, but the three most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or completely outside the gender binary. Some may identify as transgender, but not all do. Respecting an individual's gender identity is a necessary first step in establishing a safe workplace.

Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment does not need to be severe or pervasive to be illegal. It can be any harassing behavior that rises above petty slights or trivial inconveniences. Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, the Human Rights Law specifies that whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics. Generally, any behavior in which an employee or covered individual is treated worse because of their gender (perceived or actual), sexual orientation, or gender expression is considered a violation of the Company's policy. The intent of the behavior, for example, making a joke, does not neutralize a harassment claim. Not intending to harass is not a defense. The impact of the behavior on a person is what counts. Sexual harassment includes any unwelcome conduct that is either directed at an individual because of that individual's gender identity or expression (perceived or actual), or is of a sexual nature when:
 

  • The purpose or effect of this behavior unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment. The impacted person does not need to be the intended target of the sexual harassment;
  • Employment depends implicitly or explicitly on accepting such unwelcome behavior; or
  • Decisions regarding an individual's employment are based on an individual's acceptance or rejection of such behavior. Such decisions can include what shifts and how many hours an employee might work, project assignments, as well as salary and promotion decisions.

There are two main types of sexual harassment:

  • Behaviors that contribute to a hostile work environment include, but are not limited to, words, signs, jokes, pranks, intimidation, or physical violence that are of a sexual nature or that are directed at an individual because of that individual's sex, gender identity, or gender expression. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory, or discriminatory statements that an employee finds offensive or objectionable, causes an employee discomfort or humiliation, or interferes with their job performance.
  • Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment, or any other terms, conditions, or privileges of employment. This is also called quid pro quo harassment.

Any employee or covered individual who feels harassed is encouraged to report the behavior so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be discrimination and is covered by this policy.
 

Examples of Sexual Harassment

The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited. This list is just a sample of behaviors and should not be considered exhaustive. Any employee who believes they have experienced sexual harassment, even if it does not appear on this list, should feel encouraged to report it.

  • Physical acts of a sexual nature, such as:  
    • Touching, pinching, patting, kissing, hugging, grabbing, or brushing against or poking another employee's body; or
    • Rape, sexual battery, molestation, or attempts to commit these assaults, which may be considered criminal conduct outside the scope of this policy (contact local law enforcement if you wish to pursue criminal charges).
  • Unwanted sexual comments, advances, or propositions, such as:  
    • Requests for sexual favors accompanied by implied or overt threats concerning the target's job performance evaluation, a promotion, or other job benefits (can include sexual advances/pressure placed on a service industry employee by customers or clients, especially those industries where hospitality and tips are essential to the customer/employee relationship);
    • Subtle or obvious pressure for unwelcome sexual activities; or
    • Repeated requests for dates or romantic gestures, including gift-giving.
  • Sexually oriented gestures, noises, remarks, or jokes, or questions and comments about a person's sexuality, sexual experience, or romantic history that create a hostile work environment. This is not limited to interactions in person. Remarks made over virtual platforms and in messaging apps when employees are working remotely can create a similarly hostile work environment.
  • Sex stereotyping, which occurs when someone's conduct or personality traits are judged based on other people's ideas or perceptions about how individuals of a particular sex should act or look:  
    • Remarks regarding an employee's gender expression, such as wearing a garment typically associated with a different gender identity; or
    • Asking employees to take on traditionally gendered roles, such as asking a woman to serve meeting refreshments when it is not part of, or appropriate to, her job duties.
  • Sexual or discriminatory displays or publications anywhere in the workplace, such as displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace. This also extends to the virtual or remote workspace and can include having such materials visible in the background of one's home during a virtual meeting.
  • Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity, or gender expression, such as:  
    • Interfering with, destroying, or damaging a person's workstation, tools, or equipment, or otherwise interfering with the individual's ability to perform the job;
    • Sabotaging an individual's work;
    • Bullying, yelling, or name-calling;
    • Intentional misuse of an individual's preferred pronouns; or
    • Creating different expectations for individuals based on their perceived identities, such as dress codes that place more emphasis on women's attire, or leaving parents/caregivers out of meetings.
Who Can Be a Target of Sexual Harassment?

Sexual harassment can occur between any individuals, regardless of their sex or gender. Harassment does not have to be between members of the opposite sex or gender. New York law protects employees and all covered individuals described earlier in the policy. Harassers can be anyone in the workplace. A supervisor, a supervisee, or a coworker can all be harassers. Anyone else in the workplace can also be a harasser, including an independent contractor, contract worker, vendor, client, customer, patient, constituent, or visitor.

Sexual harassment does not happen in a vacuum, and discrimination experienced by an employee can be impacted by biases and identities beyond an individual's gender. For example:

  • Placing different demands or expectations on Black female employees than white female employees can be both racial and gender discrimination;
  • An individual's immigration status may lead to perceptions of vulnerability and increased concerns around illegal retaliation for reporting sexual harassment; or
  • Past experiences as a survivor of domestic or sexual violence may lead an individual to feel retraumatized by someone's behaviors in the workplace.

Individuals bring personal history with them to the workplace that might impact how they interact with certain behavior. It is especially important for all employees to be aware of how words or actions might impact someone with a different experience than their own in the interest of creating a safe and equitable workplace.
 

Where Can Sexual Harassment Occur?

Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer- or industry-sponsored events or parties. Calls, texts, emails, and social media usage by employees or covered individuals can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices, or during nonwork hours.

Sexual harassment can occur when employees are working remotely from home as well. Any behaviors outlined above that leave an employee feeling uncomfortable, humiliated, or unable to meet their job requirements constitutes harassment even if the employee is at home when the harassment occurs. Harassment can happen on virtual meeting platforms, in messaging apps, and after working hours between personal cell phones.

Retaliation

Retaliation is unlawful and is any action by an employer or supervisor that punishes an individual upon learning of a harassment claim, that seeks to discourage a worker or covered individual from making a formal complaint or supporting a sexual harassment or discrimination claim, or that punishes those who have come forward. These actions need not be job related or occur in the workplace to constitute unlawful retaliation. For example, threats of physical violence outside of work hours or disparaging someone on social media would be covered as retaliation under this policy.

Examples of retaliation may include, but are not limited to:

  • Demoting, terminating, denying accommodations, reduced hours, or the assignment of less desirable shifts;
  • Publicly releasing personnel files;
  • Refusing to provide a reference or providing an unwarranted negative reference;
  • Labeling an employee as "difficult" and excluding them from projects to avoid "drama";
  • Undermining an individual's immigration status; or
  • Reducing work responsibilities, passing over for a promotion, or moving an individual's desk to a less desirable office location.

Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in "protected activity." Protected activity occurs when a person has:

  • Made a complaint of sexual harassment or discrimination, either internally or with any government agency;
  • Testified or assisted in a proceeding involving sexual harassment or discrimination under the Human Rights Law or any other antidiscrimination law;
  • Opposed sexual harassment or discrimination by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of suspected harassment;
  • Reported that another employee has been sexually harassed or discriminated against; or
  • Encouraged another employee to report harassment.

Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
 

Reporting Sexual Harassment

Everyone must work toward preventing sexual harassment, but leadership matters. Supervisors and managers have a special responsibility to make sure employees feel safe at work and that workplaces are free from harassment and discrimination. Any employee or covered individual is encouraged to report harassing or discriminatory behavior to Title IX Department. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to their Manager or Divisional Director.

Reports of sexual harassment may be made verbally or in writing. A written complaint form is attached to this policy for employees to use, but the complaint form is not required. If you are reporting sexual harassment on behalf of someone else, you may use the complaint form and should note that it is on another's behalf. A verbal or otherwise written complaint (such as an email) on behalf of oneself or another is also acceptable.

Employees and covered individuals who believe they have been a target of sexual harassment may at any time seek assistance in additional available forums, as explained in the Legal Protections section below.

Supervisory Responsibilities

Supervisors and managers have a responsibility to prevent sexual harassment and discrimination. All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing or discriminatory behavior, or for any reason suspect that sexual harassment or discrimination is occurring, are required to report such suspected sexual harassment to the Title IX office.   Managers and supervisors should not be passive and wait for an employee to make a claim of harassment. If they observe such behavior, they must act.

Supervisors and managers can be disciplined if they engage in sexually harassing or discriminatory behavior themselves. Supervisors and managers can also be disciplined for failing to report suspected sexual harassment or allowing sexual harassment to continue after they know about it.

Supervisors and managers will also be subject to discipline for engaging in any retaliation.

While supervisors and managers have a responsibility to report harassment and discrimination, they must be mindful of the impact that harassment and a subsequent investigation has on victims. Being identified as a possible victim of harassment and questioned about harassment and discrimination can be intimidating, uncomfortable, and re-traumatizing for individuals. Supervisors and managers must accommodate the needs of individuals who have experienced harassment to ensure the workplace is safe, supportive, and free from retaliation for them during and after any investigation.
 

Bystander Intervention

Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it. There are five standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.

  1. A bystander can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;
  2. A bystander who feels unsafe interrupting on their own can ask a third party to help intervene in the harassment;
  3. A bystander can record or take notes on the harassment incident to benefit a future investigation;
  4. A bystander might check in with the person who has been harassed after the incident, see how they are feeling, and let them know the behavior was not ok; and
  5. If a bystander feels safe, they can confront the harassers and name the behavior as inappropriate. When confronting harassment, physically assaulting an individual is never an appropriate response.

Though not exhaustive, and dependent on the circumstances, these guidelines can serve as a brief guide on how to react when witnessing harassment in the workplace. Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it.
 

Complaints and Investigations of Sexual Harassment

All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. An investigation of any complaint, information, or knowledge of suspected sexual harassment will be prompt, thorough, and started and completed as soon as possible. The investigation will be kept confidential to the extent possible. All individuals involved, including those making a harassment claim, witnesses, and alleged harassers, deserve a fair and impartial investigation.

Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. The Company will take disciplinary action against anyone engaging in retaliation against employees who file complaints, support another's complaint, or participate in harassment investigations.

The Company recognizes that participating in a harassment investigation can be uncomfortable and has the potential to retraumatize an individual. Those receiving claims and leading investigations will handle complaints and questions with sensitivity toward those participating.

While the process may vary from case to case, investigations will be done in accordance with the following steps. Upon receipt of a complaint,the investigator will:

  1. Conduct a prompt review of the allegations, assess the appropriate scope of the investigation, and take any interim actions (for example, instructing the individual(s) about whom the complaint was made to refrain from communications with the individual(s) who reported the harassment), as appropriate. If the complaint is verbal, request that the individual completes the complaint form in writing. If the person reporting prefers not to fill out the form, the investigator will prepare a complaint form or equivalent documentation based on the verbal reporting;
  2. Take steps to obtain, review, and preserve documents sufficient to assess the allegations, including documents, emails, or phone records that may be relevant to the investigation. The investigator will consider and implement appropriate document request, review, and preservation measures, including for electronic communications;
  3. Seek to interview all parties involved, including any relevant witnesses;
  4. Create a written documentation of the investigation (such as a letter, memo, or email), which contains the following:
    1. A list of all documents reviewed, along with a detailed summary of relevant documents;
    2. A list of names of those interviewed, along with a detailed summary of their statements;
    3. A timeline of events;
    4. A summary of any prior relevant incidents disclosed in the investigation, reported or unreported; and
    5. The basis for the decision and final resolution of the complaint, together with any corrective action(s).
  5. Keep the written documentation and associated documents in a secure and confidential location;
  6. Promptly notify the individual(s) who reported the harassment and the individual(s) about whom the complaint was made that the investigation has been completed and implement any corrective actions identified in the written document; and
  7. Inform the individual(s) who reported of the right to file a complaint or charge externally as outlined in the next section.
     
Legal Protections and External Remedies

Sexual harassment is not only prohibited by the Company, but it is also prohibited by state, federal, and, where applicable, local law.

The internal process outlined in this policy is one way for employees to report sexual harassment. Employees and covered individuals may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may also seek the legal advice of an attorney.

New York State Division of Human Rights

The New York State Human Rights Law, N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State and protects employees and covered individuals, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the New York State Division of Human Rights (DHR) or in the New York State Supreme Court.

Complaints of sexual harassment filed with DHR may be submitted any time within three years of the harassment. If an individual does not file a complaint with DHR, they can bring a lawsuit directly in state court under the Human Rights Law within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a Human Rights Law complaint in state court.

Complaining internally to the Company does not extend your time to file with DHR or in court. The three years are counted from the date of the most recent incident of harassment.

You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.

DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment occurred. Probable cause cases receive a public hearing before an administrative law judge. If sexual harassment is found at the hearing, DHR has the power to award relief. Relief varies, but it may include requiring your employer to take action to stop the harassment or repair the damage caused by the harassment, including paying monetary damages, punitive damages, attorney's fees, and civil fines.

DHR's main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit www.dhr.ny.gov.

Go to dhr.ny.gov/complaint for more information about filing a complaint with DHR. The website has a digital complaint process that can be completed on your computer or mobile device from start to finish. The website has a complaint form that can be downloaded, filled out, and mailed to DHR, as well as a form that can be submitted online. The website also contains contact information for DHR's regional offices across New York State.

Call the DHR sexual harassment hotline at 1-(800)-HARASS3 for more information about filing a sexual harassment complaint. This hotline can also provide you with a referral to a volunteer attorney experienced in sexual harassment matters who can provide you with limited free assistance and counsel over the phone.

The United States Equal Employment Opportunity Commission

The United States Equal Employment Opportunity Commission (EEOC) enforces federal antidiscrimination laws, including Title VII of the 1964 federal Civil Rights Act, 42 U.S.C. § 2000e et seq. An individual can file a complaint with the EEOC anytime within 300 days from the most recent incident of harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC determines that the law may have been violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, the EEOC (or the Department of Justice in certain cases) will decide whether to file a lawsuit. The EEOC will issue a Notice of Right to Sue permitting workers to file a lawsuit in federal court if the EEOC closes the charge, is unable to determine if federal employment discrimination laws may have been violated, or believes that unlawful discrimination occurred by does not file a lawsuit.

Individuals may obtain relief in mediation, settlement, or conciliation. In addition, federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.

An employee alleging discrimination at work can file a "Charge of Discrimination." The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov, or via email at [email protected].

If an individual filed an administrative complaint with the New York State Division of Human Rights, DHR will automatically file the complaint with the EEOC to preserve the right to proceed in federal court.
 

Local Protections

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city, or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment or discrimination with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade Street, 1st Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime. Those wishing to pursue criminal charges are encouraged to contact their local police department.

Conclusion

The policy outlined above is aimed at providing Auxiliary Services employees and covered individuals an understanding of their rights to a discrimination- and harassment-free workplace. Everyone should feel safe at work. Though the focus of this policy is on sexual harassment and gender discrimination, the New York State Human Rights law protects against discrimination in several protected classes, including sex, sexual orientation, gender identity or expression, age, race, creed, color, national origin, military status, disability, predisposing genetic characteristics, familial status, marital status, criminal history, or domestic violence survivor status. The prevention policies outlined above should be considered applicable to all protected classes.

Wage and Hour Policies

Accommodations for Nursing Mothers

Auxiliary Services - SUNYCO, Inc. provides accommodations for nursing mothers to express milk in the workplace in accordance with federal and New York law.

Reasonable Break Time to Express Milk

The Company will provide nursing mothers with 30 minutes of paid break time (lactation breaks) to accommodate their need to express breast milk for their nursing child whenever they have a reasonable need to express milk. If additional time is needed beyond the 30 minutes, existing paid break or meal time may be used. These lactation breaks will be provided for up to three years following the child's birth.
 

Advance Notice of Need to Express Milk

To ensure that the Company can provide appropriate accommodations, you are encouraged to notify your Managers in writing of your need to express milk at work, preferably before returning to work after childbirth. This notice should include the anticipated number of breaks needed per day and any preferred times for these breaks. Written notice can be provided through email, text message, or any other written communication method regularly used within the Company. We will respond to this request within five business days and work with you to establish a break schedule that accommodates both your needs and our business operations.

Lactation Location

The Company will provide nursing mothers with a private room or other location, other than a restroom, to express milk. The room or location will be well lit, in close proximity to the work area, and be shielded from view and free from intrusion from coworkers and the public. The room or location will have a chair, a working surface, nearby access to clean running water, and an electrical outlet.
If the sole purpose or function of the room or location is not dedicated for use by employees to express breast milk, those who need the room for expressing milk will be given priority use of the room, and their pumping needs will determine the availability of the room for other purposes. The Company will notify employees as soon as practical when the room or location has been designated for use to express breast milk.
If compliance with the room/location requirements would impose an undue hardship on the Company, we will make reasonable efforts to provide a room or other location, other than a restroom or toilet stall, that is in close proximity to the work area where employees can express breast milk in privacy. You may submit a lactation location request through Benefits Coordinator. We will respond to your request within five business days.

Milk Storage

INFORM EMPLOYEES WHERE THEY MAY STORE EXPRESSED MILK: Expressed milk can be stored [in company refrigerators, refrigerators provided in the lactation room, or other location]. Sufficiently mark or label your milk to avoid confusion for others who may share the refrigerator. You may also bring a personal cooler for storage.

Retaliation

The Company will not discriminate or retaliate against employees who express breast milk in the workplace in accordance with this policy.

Required Notice

The Company has provided you with a copy of the New York State Department of Labor's Policy on the Rights of Employees to Express Breast Milk in the Workplace, which is attached as an addendum at the end of this handbook.

Meal Periods

Meal Periods

Auxiliary Services - SUNYCO, Inc. strives to provide a safe and healthy work environment and complies with all federal and state regulations regarding meal periods. We meet or exceed New York state law with respect to Meal periods.  Information regarding benefits for students employed in Resident Dining, Retail Dining and Catering, Accounting and Administration, and the College Store Divisions will be posted in their respective work locations.
Under New York law:

  • Workers employed in, or in connection with, a factory are entitled to a 60-minute unpaid meal period between 11 a.m. and 2 p.m., and a 60-minute unpaid meal period midway between the beginning and end of any shift that starts between 1 p.m. and 6 a.m. and lasts more than six hours.
  • Non-factory workers are entitled to a 30-minute unpaid meal period between 11 a.m. and 2 p.m. for shifts longer than six hours that extend over that period, and a 45-minute unpaid meal period midway between the beginning and end of a shift that starts between 1 p.m. and 6 a.m. and lasts more than six hours.
  • All workers are entitled to an additional 20-minute unpaid meal period between 5 p.m. and 7 p.m. for workdays that extend from before 11 a.m. to after 7 p.m.

Applicable law also provides that the Company may limit meal periods to a minimum of 30 minutes as long as there is no indication of hardship to the employees.
You will not be required to work during your meal period unless otherwise permitted under applicable law.
Check with your Managers regarding procedures and schedules for meal periods.
The Company requests that employees accurately observe and record meal periods. If you know in advance that you may not be able to take your scheduled meal period or are not fully relieved of all duties, let your Managers know; in addition, notify your Managers as soon as possible if you were unable to take or were prohibited from taking a meal period.
 

Pay Period

Pay Period

At Auxiliary Services - SUNYCO, Inc., the standard pay period is biweekly for all employees. Pay dates are on every other Friday. Special provisions may be required from time to time if holidays fall on pay dates. Check with your Managers if this type of date arises. 
Review your paycheck for accuracy. If you find an issue, report it to your Managers immediately.
 

Wage Disclosure Protection

Wage Disclosure Protection

In accordance with New York law, Auxiliary Services - SUNYCO, Inc. will not prohibit you from inquiring about, discussing, or disclosing your wages or the wages of other employees.
If you have access to or knowledge of the compensation information of other employees as a part of your essential job functions, you may not disclose that information to individuals who do not otherwise have authorized access to it, unless the disclosure is:

  • In response to a formal charge or complaint; or
  • In furtherance of an investigation, proceeding, hearing, or other action (including an investigation conducted by the Company).

This policy does not require you to disclose your wages.
If you believe that you have been discriminated or retaliated against in violation of this policy, immediately report your concerns to your manager or Divisional Director.
Failure to adhere to this policy may lead to corrective action including, but not limited to, termination.
Nothing in this policy will be enforced to interfere with, restrain or coerce, or retaliate against employees regarding their rights under the National Labor Relations Act, or any collective-bargaining agreement.
 

General Policies

Access to Personnel and Medical Records Files

Auxiliary Services - SUNYCO, Inc. maintains separate medical records files and personnel files for all employees. Files containing medical records are stored separate and apart from any business-related records in a safe, locked, inaccessible location. The medical file is the repository for sensitive and confidential information related to an individual's health, health benefits, health-related leave and/or accommodations, and benefits selections and coverage. Medical records are kept confidential in compliance with applicable laws and access is on a "need-to-know" basis only.
Supervisors and others in management may have access to your personnel file for possible employment-related decisions. If you wish to review your personnel or medical records file, you must give the Company reasonable notice. Inspection must occur in the presence of a Company representative.
All requests by an outside party for information contained in your personnel file will be directed to the Student Payroll Coordinator or the Benefits Coordinator, which is the only department authorized to give out such information.
 

Benefits

Accommodations for Victims of Domestic Violence

Auxiliary Services - SUNYCO, Inc. will provide reasonable accommodations to employees who are victims of domestic violence who must be absent from work for a reasonable time, unless such accommodation would cause an undue hardship on the Company.

Accommodations include reasonable time off to:

  • Seek medical attention for injuries caused by domestic violence, including for a child who is the victim of domestic violence;
  • Obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence;
  • Obtain psychological counseling related to an incident or incidents of domestic violence, including for a child who is the victim of domestic violence;
  • Participate in safety planning or other action taken to increase safety from future incidents of domestic violence (e.g., temporary or permanent relocation); or
  • Obtain legal services, assist in the prosecution of an offense, or appear in court related to an incident of domestic violence.

A victim of domestic violence is any person who is older than 16, married, or is a parent accompanied by a minor child in a situation where the individual or minor child is the victim of an act committed by a family or household member in violation of New York penal law. The act must have resulted in actual physical or emotional injury or created a substantial risk of physical or emotional harm to the person or their child.

Notice

You must provide reasonable advance notice of your intention to take time off for the above reasons unless advanced notice is not feasible. If an unscheduled absence occurs, you must provide the following documentation within a reasonable amount of time after your absence:

  • A police report indicating that you or your child was a victim of domestic violence;
  • A court order protecting or separating you or your child from the perpetrator of the domestic violence;
  • Other evidence from the court or prosecuting attorney that you appeared in court; or
  • Documentation from a medical professional, domestic violence advocate, health care provider, or counselor that you or your child underwent counseling or treatment for physical or mental injuries or abuse resulting from the domestic violence.

Confidentiality

The Company will maintain the confidentiality of any information regarding your status as a victim of domestic violence, except as required by federal or state law or as necessary to protect your safety in the workplace.

Compensation

The time off may be charged against any paid time off to which you are entitled. If you have no available paid time off, the time off may be treated as unpaid time.

Retaliation

The Company will not retaliate against a victim of domestic violence for requesting or obtaining reasonable accommodation in accordance with this policy.

Blood and Bone Marrow Donation Leave

Auxiliary Services - SUNYCO, Inc. provides those employees who work an average of 20 or more hours per week:

  • Up to three hours of unpaid leave in any calendar year to donate blood. You must give reasonable notice of at least three working days of your intent to take leave to give blood. Provide documentation to your Managers immediately after such leave is taken.
  • Unpaid time off, as determined by your physician, not to exceed 24 hours without Company approval to undergo a medical procedure to donate bone marrow. If you seek leave to donate bone marrow, you must provide verification from a physician setting forth the purpose and length of each leave required.

The Company will not retaliate against employees who request or take leave in accordance with this policy.
 

COVID-19 Sick Leave

(Sunset date July, 2025)
If you are, or your minor dependent child is, subject to an individual order of mandatory or precautionary quarantine or isolation issued by New York State, the New York State Department of Health, a local board of health, or any other government entity authorized to issue such order due to COVID-19 (Individual Quarantine Order), you may be eligible for paid and/or unpaid leave in addition to paid family leave benefits (PFLB) and disability benefits (DB).

Program Specifics

If you have 100 or more employees: For the duration of the Individual Quarantine Order the Company is required to provide you with up to 14 days of paid sick leave.
Leave will be provided without the loss of any accrued sick leave and may only be used for up to three orders of quarantine or isolation.

Eligibility

You are not eligible for leave if you are deemed asymptomatic or have not yet been diagnosed with a medical condition and are physically able to work remotely or through other means while under an Individual Quarantine Order.

If you have returned to the United States after non-business-related travel to a country from which the Centers for Disease Control and Prevention (CDC) has issued a level two or three travel health notice, you are not eligible for these benefits if you were provided notice of the travel advisory, were warned that you would not be eligible for such benefits if you elected to travel to such countries, and chose to travel anyway. All employees in this category are entitled to use any accrued leave provided by the Company. If you do not have any accrued leave, you may use unpaid leave for the duration of the quarantine or isolation.

Restoration

Upon return from leave, you will be restored to the same position you held prior to the leave with the same pay and other terms and conditions of your employment.

How to Apply for Benefits

Information on how to apply for DB and/or PFLB when you are under an Individual Quarantine Order is available at https://paidfamilyleave.ny.gov/if-you-are-quarantined-yourself#how-to-apply.

Business Closure

If the Company temporarily closes or goes out of business due to COVID-19, you may not be eligible for the above-mentioned benefits and should immediately apply for unemployment insurance. The unemployment insurance benefits one-week waiting period has been waived. Information on how to file a claim can be obtained at https://labor.ny.gov/unemploymentassistance.shtm.

Discrimination and Retaliation

The Company will not discriminate or retaliate against employees who take leave in accordance with this policy.

Crime Victim and Witness Leave

Auxiliary Services - SUNYCO, Inc. will provide eligible employees with time off from work, without pay, for any of the following reasons:

  • To comply with a subpoena to testify in a criminal proceeding (including time off to consult with the district attorney);
  • To give a victim impact statement at a pre-sentencing proceeding;
  • To give a statement at a sentencing proceeding; or
  • To give a statement at a parole board hearing.

You are eligible for time off under this policy if you are:

  • The victim of the crime at issue in the proceedings;
  • The victim's next of kin;
  • The victim's representative if the victim is deceased as a result of the offense;
  • A "Good Samaritan"; or
  • Pursuing an application or the enforcement of an order of protection as provided under relevant law.

For purpose of this policy:

  • Good Samaritan means someone who acts in good faith to apprehend a person who has committed a crime in his or her presence, to prevent a crime or an attempted crime from occurring, or to aid a law enforcement officer in effecting an arrest.
  • Victim's representative means a person who represents or stands in the place of another person, including but not limited to, an agent, attorney, guardian, conservator, executor, heir, or parent of a minor.

If you are required to attend a criminal proceeding either as a witness or as a crime victim (or a close family member of a crime victim), you must notify your Managers as soon as possible and at least one day before taking leave to make scheduling arrangements. The Company reserves the right to require employees to provide proof of the need to attend the criminal proceedings to the extent authorized by law.
The Company will not retaliate against employees who request or take leave in accordance with this policy.
 

Disability Benefits

If you are unable to work for more than seven consecutive days due to a non-work-related illness or injury, or pregnancy-related disability, you may be eligible for disability benefits. Disability benefits provide up to 26 weeks of partial wage replacement benefits during any 52-consecutive-week period. Benefits are payable beginning on the eighth consecutive day of disability.
The cost of your disability insurance coverage is shared between you and the Company through payroll deductions.
If you have been disabled for more than seven days, the Company will provide you with a Form DB-271S, Statement of Rights, within five days of learning that you are disabled. The Statement of Rights provides information on how to file a claim for benefits. You must file a claim within the first 30 days of your disability or all or part of your claim may be rejected. You must be under the care of a physician, chiropractor, podiatrist, psychologist, dentist, or certified nurse midwife to qualify for disability benefits.
Disability benefits are a wage replacement benefit, not a protected leave benefit. If you are temporarily disabled, you may be eligible for job-protected leave under the federal Family and Medical Leave Act or other state or local law.
To learn more about the New York Disability Benefits law, including eligibility requirements and benefits, or to obtain a claim form (Form DB-450), contact the New York State Workers' Compensation Board (www.wcb.ny.gov).

Jury Duty Leave

Auxiliary Services - SUNYCO, Inc. encourages employees to fulfill their civic duties related to jury duty. If you are summoned for jury duty, notify your Managers as soon as possible to make scheduling arrangements.
You will be paid a minimum of $40 per day for the first three days of juror service or any part thereof. For any additional days, time spent on jury duty will be unpaid. 
The Company reserves the right to require employees to provide proof of jury duty service to the extent authorized by law.
The Company will not retaliate against employees who request or take leave in accordance with this policy.

Military Spouse Leave

Auxiliary Services - SUNYCO, Inc. provides up to 10 days of unpaid leave to employees who are the spouse of a military member who is home on leave during a period of military deployment.

To be eligible for military spouse leave you must:

  • Work an average of 20 or more hours per week; and
  • Be the spouse of a member of the U.S. Armed Forces, National Guard, or Reserves who has been deployed during a period of military conflict to a combat theater or combat zone of operations.

A period of military conflict means a period of war declared by the U.S. Congress or a period during which a member of the Reserves is ordered to active duty under federal authority.

If you need to take military spouse leave, notify your Managers as soon as reasonably possible. The Company reserves the right to ask for documents supporting the need for leave.

You may elect to use any available paid time off for which you are eligible under Company policy for the purpose of taking military spouse leave, and such paid time off will run concurrently with the leave afforded under this policy.

The Company will not discriminate or retaliate against employees who request or take leave in accordance with this policy.
 

Paid Family Leave

New York's Paid Family Leave (PFL) program provides eligible employees with job-protected, paid time off to:

  • Bond with a newly born, adopted, or foster child.
  • Care for a family member with a serious health condition.
  • Assist in situations when a spouse, domestic partner, child, or parent is deployed abroad on active military service.

Eligibility

Eligible employees may take PFL leave as follows:

  • If you work full time (a regular schedule of 20 or more hours per week), you are eligible after 26 consecutive weeks of employment.
  • If you work part time (a regular schedule of less than 20 hours per week), you are eligible after working 175 days, which do not need to be consecutive.

Amount of Benefit

You will be provided up to 12 weeks of leave at 67 percent of your weekly pay (capped at 67 percent of statewide average pay).

You may use accrued paid leave in order to receive full pay while on PFL.

Funding

PFL is funded through employee payroll contributions that are set each year to match the cost of coverage. The rate of employee contributions is reviewed annually and is subject to change by the New York State Department of Financial Services.

If you are not eligible for PFL, you will be provided a waiver to sign, and PFL contributions will not be deducted from your wages.

Qualifying Events

If you are eligible, you may use PFL for the following reasons:

  • New child: You may take PFL during the first 12 months following the birth, adoption, or fostering of a child. Expectant mothers cannot take PFL for their own pregnancy. PFL for the birth of a child begins after the child's birth and is not available for prenatal conditions.
  • Serious health condition: You may take PFL to care for a family member with a serious health condition. The relative may live outside of New York State and even outside the country. You cannot take PFL for your own health condition.
  • Military active service deployment: You may take PFL when your spouse, domestic partner, child, or parent is deployed abroad on active military service or has been notified of an impending military deployment abroad. You cannot use PFL for your own qualifying military event.

As used in this policy:

  • Family member includes a spouse, domestic partner, child and stepchild, parent and stepparent, parent-in-law, grandparent, grandchild, and sibling (biological, adopted, half, and step).
  • Serious health condition is an illness, injury, impairment, or physical or mental condition, including transplant preparation and recovery from surgery related to organ or tissue donation, that involves inpatient care in a hospital, hospice, or residential medical facility; or continuing medical treatment or continuing supervision by a health care provider.

Health Insurance

Your health insurance will continue while you are on leave; however, if you contribute to the cost of your health insurance, you must continue to pay your portion of the premium cost while on leave.

Interaction with Other Laws

PFL may be taken by employees who are eligible for time off under the federal Family and Medical Leave Act (FMLA). PFL will run concurrently with designated FMLA leave when the reason for leave qualifies under both PFL and FMLA. Eligible employees must then apply for both PFL and FMLA.

You may not receive short-term disability and PFL benefits at the same time. You may not take more than 26 combined weeks of short-term disability and PFL in a 52-week period.

If you are unable to work and qualify for workers' compensation benefits, you may not use PFL benefits at the same time as you are receiving workers' compensation benefits. If you are receiving reduced earnings, you may be eligible for PFL.

Notice and Required Documentation

Notify the Benefits Coordinator if you intend to use PFL. If leave is foreseeable, you must give 30 days' advance notice so the Company can plan for your absence. If the event was not foreseeable, notify the Benefits Coordinator as soon as possible. If you fail to give notice without unusual circumstances justifying the failure, PFL may be delayed or partially denied.

You must provide documentation in support of your PFL request within 30 days after the leave begins. The Company may require additional proof during your leave, but not more often than once a week. Proof must include a statement of disability from the leave recipient's health care provider.

Returning to Work

On return from PFL, you will be reinstated to your original position, or if no longer available, an equivalent position with equivalent terms and conditions of employment, including pay and employment benefits.

Use of PFL will not result in the loss of any employment benefit that accrued before the start of your family leave that was not used during your family leave.

Retaliation

The Company will not retaliate against employees who request or take leave in accordance with this policy.

Additional Information

If you have additional questions regarding PFL, contact the Benefits Coordinator or visit https://paidfamilyleave.ny.gov/.
 

Paid Prenatal Personal Leave

Auxiliary Services - SUNYCO, Inc. will provide employees with 20 hours of paid prenatal personal leave during any 52-week calendar period. Paid prenatal personal leave is in addition to leave provided under New York’s Sick Leave Law.

Paid prenatal personal leave may be used for healthcare services during or related to your pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with your healthcare provider related to your pregnancy.

Paid prenatal personal leave may be taken in hourly increments and will be compensated at your regular rate of pay or the applicable minimum wage, whichever is greater.

If your need for leave is foreseeable, provide notice as soon as possible. If unforeseeable, provide notice as soon as practical. You are not required to provide documentation supporting your need for leave.

Upon return to work following any paid prenatal personal leave, you will be restored to the position you held prior to taking leave or a position with the same pay and other terms and conditions of employment.

You will not be compensated for unused paid prenatal personal leave when your employment ends.

The Company will not retaliate against employees who request or take leave in accordance with this policy.

Paid Sick Leave (Accrual Method)

Auxiliary Services - SUNYCO, Inc. provides paid sick leave to eligible employees in accordance with New York law.

Eligibility

All employees are eligible for sick leave.

Reasons for Leave

Sick leave may be used for the following purposes:

  • For your own or a family member's mental or physical illness, injury, or health condition regardless of whether such illness, injury, or health condition has been diagnosed or requires medical care at the time that you request leave;
  • For the diagnosis, care, or treatment of your own or a family member's mental or physical illness, injury, or health condition or need for medical diagnosis or preventive care; or
  • For your absence from work when you or your family member has been the victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking, and you need to:
    • Obtain services from a domestic violence shelter, rape crisis center, or other services program;
    • Participate in safety planning, temporarily or permanently relocate, or take other actions to increase your safety or the safety of your family members;
    • Meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in, any criminal or civil proceeding;
    • File a complaint or domestic incident report with law enforcement;
    • Meet with a district attorney's office;
    • Enroll children in a new school; or
    • Take any other actions necessary to ensure your or a family member's health or safety or to protect those who associate or work with you.

If you are responsible for the domestic violence, family offense, sexual offense, stalking, or human trafficking, you are not eligible for leave under this policy.


Family member means:

  • Your child, spouse, domestic partner, parent, sibling, grandchild, or grandparent; or
  • The child or parent of your spouse or domestic partner.

Parent means:

  • Your biological, foster, step, or adoptive parent; or
  • A person who acted as your legal guardian or a person who stood in loco parentis when you were a minor child.

Child means:

  • Your biological, adopted, or foster child;
  • A legal ward; or
  • A child for which you stand in loco parentis.


Accrual and Usage

Eligible employees accrue one hour of sick leave for every 30 hours worked, beginning on their first day of employment. You may use sick leave as it accrues.

You may use up to a maximum of 56 hours of sick leave in a leave year. For purposes of this policy, the leave year is calendar year. The minimum increment of sick leave that you may take at one time is one quarter hour (15 minutes). Unused sick leave will carry over to the following leave year; however, you may still only use 56 hours of sick leave in a leave year.

Compensation

You will be paid at your regular rate of pay or the applicable minimum wage, whichever is greater.

Notice

If the need for leave is foreseeable, you must provide reasonable notice of your need for leave. If unforeseeable, provide notice as soon as practical. If known, notice should include the expected length of the absence.

Documentation

If you use sick leave for three or more consecutive days, you may be required to provide reasonable documentation confirming your eligibility for leave. Reasonable documentation is limited to the following:

  • A statement from a licensed medical provider attesting to your need for sick leave, the amount of leave needed, and the date you may return to work; or
  • A statement from you attesting to your eligibility for leave.

The statement does not need to explain the nature of the illness or details related to the domestic violence, family offense, sexual offense, stalking, or human trafficking that necessitates the use of leave.

Confidentiality

Details surrounding your request for leave will be kept confidential, except as required by federal or state law or as necessary to protect your safety in the workplace.

Recordkeeping

You may request (verbally or in writing) a summary of the amounts of sick leave you have accrued and used in the current calendar year and/or any previous calendar year. This information will be provided within three business days.

Payment upon Termination

You will not be paid for any unused sick leave when your employment ends.

Retaliation

The Company will not retaliate against employees who request or take leave in accordance with this policy.

Voting Leave

Auxiliary Services - SUNYCO, Inc. encourages all employees to fulfill their civic responsibility and to vote in public elections. Most work schedules provide sufficient time to vote either before or after working hours. If the polls are open for at least four consecutive hours before or after the work shift, you will be deemed to have sufficient time outside of work hours to vote.

If you do not have sufficient time before or after work to vote, you may take enough time off at the beginning or end of your work shift to vote. Up to two hours' time off for this purpose will be provided without loss of pay.

You must request time off to vote from your Managers at least two working days prior to Election Day so that the necessary time off can be scheduled at the beginning or end of the work shift, whichever provides the least disruption to normal business operations.

The Company will not retaliate or tolerate retaliation against employees who request or take leave under this policy. If you believe that you are being retaliated against because you requested or took leave under this policy, immediately report it to your Managers.
 

Safety and Loss Prevention
 

Airborne Infectious Disease Exposure Prevention Plan

COVID-19 Sick Leave (Sunset date July, 2025)

If you are, or your minor dependent child is, subject to an individual order of mandatory or precautionary quarantine or isolation issued by New York State, the New York State Department of Health, a local board of health, or any other government entity authorized to issue such order due to COVID-19 (Individual Quarantine Order), you may be eligible for paid and/or unpaid leave in addition to paid family leave benefits (PFLB) and disability benefits (DB).

Program Specifics

If you have 100 or more employees: For the duration of the Individual Quarantine Order the Company is required to provide you with at least 14 days of paid sick leave.

Leave will be provided without the loss of any accrued sick leave and may only be used for up to three orders of quarantine or isolation.

Eligibility

You are not eligible for leave if you are deemed asymptomatic or have not yet been diagnosed with a medical condition and are physically able to work remotely or through other means while under an Individual Quarantine Order.

If you have returned to the United States after non-business-related travel to a country from which the Centers for Disease Control and Prevention (CDC) has issued a level two or three travel health notice, you are not eligible for these benefits if you were provided notice of the travel advisory, were warned that you would not be eligible for such benefits if you elected to travel to such countries, and chose to travel anyway. All team members in this category are entitled to use any accrued leave provided by the Company. If you do not have any accrued leave, you may use unpaid leave for the duration of the quarantine or isolation.

Restoration

Upon return from leave, you will be restored to the same position you held prior to the leave with the same pay and other terms and conditions of your employment.

How to Apply for Benefits

Information on how to apply for DB and/or PFLB when you are under an Individual Quarantine Order is available at How to Apply.

Business Closure

If the Company temporarily closes or goes out of business due to COVID-19, you may not be eligible for the above-mentioned benefits and should immediately apply for unemployment insurance. The unemployment insurance benefits one-week waiting period has been waived. Information on how to file a claim can be obtained at Here's What You Need to Know.

Discrimination and Retaliation

The Company will not discriminate or retaliate against team members who take leave in accordance with this policy.
 

Custom Policies

Sanitation and Hygiene

Smoking is prohibited in ALL areas, due to health regulations, company policy, and our status as a non-smoking campus. In addition, health regulations and company policy prohibit eating, chewing tobacco, and gum chewing in customer service and production areas.

Anyone who works in areas where food is prepared or served is required by New York State Health Law to follow proper handwashing procedures as well as use gloves, hats or hair nets, and beard nets, if applicable, as restraints to minimize contact with food and food contact surfaces.

Scholarships

William R. Tucker Scholarship:

  • Deferred from recipient's tuition next fall
  • Minimum 2.8 cumulative gpa
  • Sophomore or Junior at SUNY Oswego, enrolled full-time
  • Submit appropriately word-processed application available on line

Craig D. Traub Student Employee Scholarship

  • Awarded to 16 recipients during the Spring semester
  • Minimum 3.0 cumulative gpa
  • Current employee of Auxiliary Services, worked a minimum of 120 hours at time of application (Seniors encouraged to apply)
  • Submit appropriately word-processed application available on line