SEE OUR EMPLOYEE HANDBOOK TO LEARN MORE ABOUT REQUIRED TRAINING, PERSONNEL RECORDS, EMPLOYEE BENEFITS, AND MORE IN THE EAST BAY AREA

The Center’s leadership consists of the following individuals and positions:

Director: Debra McAllister – Lone Tree and Freda Stowe– Harvest Park

Executive Director of Quality Improvement and Training: Lisandra Zaste

Floor Supervisor – Vacant

And last but certainly not least, there are the teachers, teacher’s aides, Cooks, Housekeeping, etc., like you, who have chosen to contribute their talents and expertise to the Center. Without dedicated individuals like you, our Center could not serve the community at large. Welcome to the Baby Yale Academy family!

OUR CHILDCARE MISSION STATEMENT

Baby Yale Academy’s mission is to be the Childcare and Educational Center of choice among kids and parents. We will provide daycare and preschool to diverse families within the Contra Costa County community. While our costs are slightly above our competitors, we do offer more services and a concentrated focus on academics. We are open much longer than most centers and, at some point, will be open seven days a week. We pride ourselves in being the premier league of learning and care. We provide a wide range of age-appropriate learning opportunities for children from 6 weeks to 12 years of age to develop and grow intellectually, socially, and emotionally while also learning the physical skills necessary for day-to-day life.

The following are the basic goals for the children who are in our care:

-Emotional: 

• to become independent and learn to be in control of their emotions
• to be able to express and deal with the emotions they have and those of others
• to develop empathy with others

Baby Yale Academy strives to employ people who are the best qualified to meet the needs of the Center and the children under our care. We are an At-Will Employer.

Employment in the state of California is “at-will.” The “At-will” relationship affords the employee the right to resign for any reason with the appropriate notice. We do, however, hope to provide a work environment that will encourage you to remain with our program.

Likewise, the employer may terminate the relationship at any time, with or without cause and with or without notice. It is further understood that the “At-will” employment relationship may not be altered by any written document or by verbal agreement unless such alteration is specifically acknowledged in writing and signed by an authorized executive of Baby Yale Academy.

EMPLOYMENT AT THE CHILDCARE CENTER

Once an applicant has been offered a position at Baby Yale Academy or has been accepted as a volunteer at the Center, there are several additional criteria that the applicant must meet within a prescribed time to be employed at the Center. All staff are subject to a six-month probationary period. After six months, they become a regular employee who is entitled to the standard benefits the Company offers. These include the health and safety screening of the applicant, along with other required documentation that must be submitted and completed during the application process or within a pre-determined period upon being hired.

Here is a list, but there may be others: must provide the yearly requirements as stipulated by the Community Care License, such as flu shot records (or doctor waiver) and, upon employment, proof of DTAP, MMR, TB (and as requested if necessary), Health Screen, Fingerprint Clearance, Child Abuse Index clearance, LIC 9108 form and any other forms required by Community Care Licensing. You must take the Mandated Reporting Training. Must maintain a current First Aide card. This is at the employee’s expense. You must bring any training that the Company deems to be necessary for your position.

All employees at Baby Yale Academy are subject to all Title 22 License Requirements. Failure to comply with the requirements outlined in Title 22 can result in disciplinary actions up to and including termination. Additionally, there are certain requirements listed in the Quality Management Program, as well as the partnership with the Community Services Bureau—and Baby Yale Academy, that must be adhered to as a result of the federal grant participation program. When those requirements are made known to the teachers, such as 21 hours of professional development requirements, current permit requirements, current health screen, current TB test every two years, flu shot each year or decline, official transcripts, continuing education requirements if you are not a fully qualified teacher, first aid requirements, etc., the teachers must ensure that they are maintained and are current. Baby Yale Academy is committed to providing a healthy and safe environment for its employees, the children under our care, and those who visit our facility. The following health and safety checks must be completed prior to employment:

• Criminal Background Check

State law mandates that all new employees have current clearances. Licensing regulations stipulate that the clearances show the employee has no open accusations or convictions of child abuse or neglect, nor of a felony violation of any law intended to control the illegal possession or distribution of any substance classified as a controlled substance in the California Controlled Substances Act.

While prior violations of the law will not immediately disqualify a prospective applicant from being offered employment at Baby Yale Academy, some misdemeanor and most felony convictions will prohibit the Center from employing such an individual, as per California state childcare licensing rules and regulations.

Baby Yale Academy, at its sole discretion, may require additional criminal checks during an employee’s tenure at the Center if circumstances suggest this is necessary.

These items are all in accordance with state licensing guidelines. Prospective employees who fail to meet these guidelines or who refuse to comply with any of the items listed above will be disqualified from employment consideration. Please see also the policies later in this section addressing potential criminal violations, drug abuse, and alcohol abuse that occur after employment has begun.

REQUIRED CHILDCARE PROFESSIONALS TRAINING

Baby Yale Academy must ensure that all staff have adequate and appropriate training to work with children. The following items are required training for all new employees of the Center:

• Safe Sleep
• Licensing rules
• Special Needs (including Inclusion Policy and general training)
• Mandated Reporting Training
• DRDP
• ASQ Training
• Any other training deemed necessary for the effectiveness of your job.

Each type of training is described either in other sections of this handbook or information will be provided in separate documents to the employee at the training session. All training listed here will be provided and paid for by the Center.

Every employee, at the time of hire, will be classified as either FULL-TIME or PART-TIME, as well as EXEMPT or NON-EXEMPT. These classifications are not intended as job descriptions; they are used solely to determine benefits and overtime eligibility. In addition, new hires are considered PROVISIONAL employees for the first part of their employment, as described below.

• Full-Time Employee: A person who is regularly scheduled for at least thirty-five (35) or MORE hours per week. Full-time employees are eligible for full-time benefits described later in this section.
• Part-Time Employee: A person who is regularly scheduled for LESS THAN thirty-five (35) hours per week. Part-time employees are eligible for part-time benefits described later in this section.
• Exempt (salary): Employees not eligible to receive overtime pay, whose salary covers all hours worked, regardless of the number of hours required to accomplish all duties of the job as outlined in the job description. Typically, Directors or management staff.
• Non-Exempt (hourly): Hourly employees are eligible to receive overtime pay pursuant to the Fair Labor Standards Act. Non-exempt employees are paid for the specific number of hours worked to complete their job as outlined in the job description.

CHILDCARE EMPLOYEES PROVISIONAL STATUS

All employees will be considered provisional for up to 6 months from the date of hire in a new position. During the Provisional Period, Baby Yale Academy will evaluate the temporary employee’s performance to determine if they meet the standards set by BYA as outlined by both the job description and this handbook.

The provisional period may be extended up to 30 days by approval of the director and only where it is deemed necessary and appropriate. In all cases of requests to extend an employee’s provisional period, the Center Director will provide a performance appraisal, the reason for extension, and the length of extension that is recommended. Requests for extension cannot be submitted after the provisional period concludes.

Upon successful completion of the provisional period, the director will recommend whether the employee should be retained. A completed final provisional performance appraisal will accompany the recommendation. Upon approval, the employee will enter regular employment status and thereby will be deemed eligible for those benefits provided to regular employees of the same classification.

Should the provisional employee not be recommended for regular status, the employee will be terminated no later than the last day of the provisional period or any extension thereof.

Employment may be terminated at any time during the provisional period with or without cause.

Every staff member must utilize the time clock that ADP provides for clocking in and out of work. You must clock in on our premises – not in the parking lot or nearby surroundings. We run the report indicating where the clock-ins have occurred. If you are outside of the stipulated areas, you will subject yourself to disciplinary actions, up to and including termination. In addition to the clock system, you must complete the paper time sheet as well. You must clock in at your starting time—not before your starting time, and you must clock out at the end of your shift. It is against the Company’s policy for anyone other than you to clock in for you. Failure to adhere to this policy can and will lead to termination. You must clock in/out for your lunch break. It is against the Company’s policy for any staff member to write at any time for any reason. This can only be done by the director at the time of the incident. Nevertheless, this must not become a regular occurrence.

CHILDCARE PERSONNEL RECORDS

A confidential file will be maintained on each employee containing all employment-related documents such as the employment application, résumé, job and salary history, performance appraisals, disciplinary action, general correspondence, and other documents that pertain to employment at Baby Yale Academy. To comply with the Americans with Disabilities Act, BYA keeps all medically related information in a separate confidential file.

Any false statements made by employees on their employment applications or personnel records will result in disciplinary action, up to and including termination.

An employee may have SUPERVISED access to her or his file during normal business hours upon request to the director. Personnel files may remain in the office. Employees are prohibited from removing any documents from their personnel files. Employees may only add documentation to their personnel file with the permission of the director.

Employee requests for copies of the documents contained in the personnel file must be made in writing to the director. Employees will be charged $1.00 per page for photocopying.

Baby Yale Academy has developed unique techniques, curricula, and tools for evaluation, which make our program more competitive in the industry and are not to be revealed to sources outside of the Company. Anything that the company designs, produces, implements, and markets is treated as proprietary information. This includes, but is not limited to, the Center’s family list, employee list, curriculum, philosophy, mission statement, personnel policies, and employee/parent handbooks.

No employee should discuss proprietary information with other employees in any public place where such information could be overheard. Employees should also not provide others with any documents relating to this propriety information. Employees must understand that it is not only their duty to protect Baby Yale Academy’s proprietary information during their term of employment but that this legal obligation continues even after separation from employment. Employees are required to return all documentation that contains proprietary information at the time of separation. This obligation may be enforced through court action if necessary.

CHILD DEVELOPMENT VIOLATION OF CONFIDENTIALITY POLICY

Any employee/volunteer who violates the Confidentiality Policy will be subject to disciplinary action, including termination. In addition to job-related consequences, the employee/volunteer may face possible civil liability for their actions.

A reprimand may be given to any employee when a minor violation of Center policies or procedures has occurred. A reprimand may be either verbal or written. The Center Director will document verbal reprimands, and the documentation will be placed in the employee’s personnel file. Written reprimands will include brief documentation of the incident and the date on which it occurred. Written reprimands require that a copy of the written reprimand be given to the employee, and a copy of the reprimand signed by the employee to acknowledge receipt of the document must be placed in the employee’s file.

CHILDCARE EMPLOYEES WRITTEN WARNINGS

For more serious violations of policies and procedures or repeated minor violations, an employee may be given a written warning. The written warning will clearly describe the deficiency in the performance or conduct and will cite the policy, licensing regulation or procedure violated. The written warning will contain a corrective action plan outlining the necessary action(s) to correct the deficiency and a timetable in which the corrective action must occur.

A copy of the written warning and the corrective action plan will be given to the employee. Employees are required to sign a copy of the written warning, acknowledging its receipt, which will then be placed in the employee’s personnel file. Signing the written warning does not indicate that the employee agrees with the contents; it simply indicates receipt of a copy of the written warning. Failure or refusal to sign the written warning will be considered insubordination and will result in disciplinary action up to and including termination.

Copies of all documentation regarding corrective action plans will be retained by the director.

Suspension of an employee may occur at the discretion of the Center Director and Owner for specific, major infractions of the Personnel Policies. Suspension of an employee will not require prior verbal or written disciplinary action. Suspension may be used in circumstances where a confirmed violation of policies is not considered severe enough to warrant termination of employment and where the employee can be successfully rehabilitated to effectively discharge the duties of the position. Possible violations are like those on both the list for Investigatory Suspension and Termination, though certain violations are still subject to immediate termination of employment without recourse to an initial suspension. Each situation is different and will be treated as such.

The suspension will be without pay. The employee will be notified in writing of the specific charges and the length of the suspension and will be provided with a copy of this notice. The employee is required to sign a copy of the suspension notification to acknowledge receipt of the same. Failure to sign the suspension notification will be considered insubordination and will result in disciplinary action, up to and including termination.

When circumstances permit, an employee will be suspended upon receipt of the suspension notification. However, an employee may be suspended verbally if immediate suspension is in the best interest of Baby Yale Academy, its employees, or the children under the Center’s care. Written notification in these circumstances will promptly follow via certified mail. Suspension by verbal notice may be given by the Center Director, followed immediately by written approval of the director.

CHILDCARE EMPLOYEE TERMINATION

Involuntary termination does not necessarily require prior verbal or written disciplinary action. Baby Yale Academy, in accordance with California law, is an “at-will” employer and may terminate the employment relationship at any time with or without cause and without notice. This policy is to be used as a guide for employees but is not inclusive of all possible reasons or causes for termination from employment. Termination is an action that must be approved by the director and authorized by the Owner only. Notification of Termination can be verbal and followed up in written form.

Causes for involuntary termination include, but are not limited to, the following:

Once employment has been terminated under this action, the employee is expected to return any keys and other property of the Center to the director and leave the Center at that time. The former employee will be escorted out of the building and is no longer permitted on Baby Yale Academy property without the written approval of the director. Any of the former employee’s personal property or effects that remain at the Center will be packed and shipped to the former employee’s home address. The former employee’s final paycheck(s) will be mailed to that address as well and may not be picked up at the Center. All final paychecks will be sent on the scheduled paydays for the pay period applicable for the hours worked.

Full-time employees shall be eligible for vacation time, calculated as follows:

CHILDCARE FULL-TIME EMPLOYEES

Upon completing 1.5 years of employment, the full-time employee shall earn one (1) week of paid vacation during the Christmas Break while the Center is closed. Employees are discouraged from paying for or scheduling vacations until they have received written approval.

CHILDCARE PART-TIME EMPLOYEES

There are no vacations or holidays (school closer days) available for part-time employees. Part-time employees may accumulate comp time when it is available to be used for time off.

Baby Yale Academy allows employees to enroll their minor children in the program at the employee (discounted) rate, as noted on our childcare fees schedule. Employees seeking to enroll their child(Ren) in the program must discuss placement and tuition benefits with the director. BYA reserves the right to limit the number of employee’s children receiving reduced childcare at the Center at any time.

Under most circumstances, an employee who has a child enrolled in the Center will be prohibited from providing direct care to her or his child.

Employees who fail to pay tuition per the Fee Agreement will have their childcare services terminated/suspended, just as any other parent would.

Baby Yale Academy further reserves the right to disenroll an employee’s child(Ren) if the employee’s performance is affected by having his or her child(Ren) at the Center. Employees must remember they are employed to perform a specific job and not allow themselves to be distracted by having their child(Ren) enrolled in the program. Employees are prohibited from interfering with the supervision or authority of their child's classroom teacher.

Non-enrolled minor children of employees are generally prohibited from being on Center property without an accompanying adult while the employee is on the clock, except with the prior written approval of the director or when the employee’s family is invited to participate in Center activities.

CHILDCARE EMPLOYEE MEALS AND BREAKS

Employees can eat the meals served in their classrooms with their classes. The Center does not charge employees for those meals. Employees' lunch periods are generally scheduled and can be ½ hour or 1 hour in length. This must be determined and maintained until changed by the Center. Changes in breaks, lunch, and start and end times must have prior authorization by the Center Directors.

Employees may take a break of up to 15 minutes for every full 4 hours worked, ratios and staffing requirements permitting. Breaks of this sort are considered paid time. Employees cannot leave children unattended during a break, and ratios must be maintained always. It is your duty to promptly notify a Director if you are out of ratio or have just become out of ratio. You must ensure that another teacher or teacher’s aide is dispatched to your classroom. You must notify us promptly if the person providing you a break has not shown to release you.

CHILDCARE EMPLOYEE STAFF MEETINGS

Because communication between the staff and the Center Director is crucial to good practices within the Center, mandatory staff meetings will be scheduled monthly. All employees are expected to attend these meetings; exceptions must be approved in writing by the director in advance of the meeting.

All staff meetings will be announced in advance and generally will occur after the Center has closed for the day. Employees will be compensated at their normal hourly pay rate for the meeting or can choose compensation time.

A conflict of interest can be a conflict between a person’s private interest and their public obligation. You have a duty to act in the best interests of Baby Yale Academy and must not use your position for your own personal benefit. If you believe you may have a conflict of interest, you are obligated to immediately disclose the conflict/potential conflict. Conflicts can be but not limited to:

Outside interest – where a contract or transaction between Baby Yale Academy and an entity in which a responsible person or family member has a material financial interest or of which such person is a director, officer, agent, partner, associate, trustee, personal representative, or other legal representative. A responsible person competing with Baby Yale Academy in the rendering of services or in any other contract or transaction with a third party.

Gifts, Gratuities, and Entertainment – You are prohibited from accepting gifts over $100.00, entertainment, or other favors from any individual or entity that does or is seeking business with or is a competitor of Baby Yale Academy.

CHILDCARE EMPLOYEE PERSONAL APPEARANCE

All employees are expected to present a neat and clean appearance and to dress appropriately for their positions and duties. An employee’s appearance and dress should reflect the professional nature of the position as well as be functional within the expectations and responsibilities of the job. Please note that Baby Yale Academy is not responsible for damage to or loss of an employee’s articles of clothing, jewelry, and/or accessories.

CHILDHOOD DEVELOPMENT EMPLOYEE CODE

A radical departure from conventional dress or personal grooming is not permitted, as it may serve as a distraction or worse to the children at the Center, parents, and other employees. The following items constitute the basic dress code for Center employees. The final determination of the dress code acceptability of an employee’s attire shall be determined by the director.

Our dress code is black long pants or capris and the appropriate color BYA shirt for the day of the week. If you do not have the shirt(s) for that day, you are to wear a white-collar shirt. Failure to comply with these dress codes will result in you being sent home to change your clothing at your own expense.

Unacceptable dress includes, but is not limited to:

• Short shorts (defined as shorts that come up higher than the tip of your middle finger when your arms are straight at your sides)
• Short dresses or skirts (dresses and skirts radically above the knee are not acceptable. Do not wear dresses and skirts if it will interfere with your ability to get down on the floor with the children.
• Low scoop neck shirts or blouses (at no time should undergarments be visible)
• Clothes that expose the stomach.
• Clothing with logos and pictures that are inappropriate for children (profanity, sexual innuendoes, violence, drugs, and similar content) or other logos of other companies.
• Jewelry that may present a safety hazard (long necklaces/earrings, etc.).

Employees who are found to be in violation of the dress code may be asked to go home and change; the time required to do so is unpaid. A verbal warning will also be given and documented. Second and subsequent violations will result in a written warning and documentation of the incident and may be subject to other disciplinary action, up to and including loss of employment.

•  All non-exempt employees (hourly employees) must have one 10-minute rest break for every four hours of work.
• You are entitled to a second rest break if you worked over 6 hours.

o   If you work less than 3.5 hours in a shift, you are not entitled to a 10-minute rest period.

• If you work between 3.5 hours and 6 hours, you are entitled to one uninterrupted 10-minute break period.
• Hourly employees who work between 6 and 10 hours get two uninterrupted 10-minute rest periods.
• Hourly employees who work between 10 and 14 hours get three uninterrupted 10-minute break periods.

Your break is paid and must be uninterrupted, meaning we can’t ask you to do any work during this break. The break should fall close to the middle of the four-hour shift, not at the very beginning or end.

• Employees may voluntarily elect to skip their break, but we cannot force you to skip your break. If we do, we owe you one additional hour of premium pay as a penalty.

When a staff person arrives to provide you with your break or lunch period, you must be ready to go at that time. All breaks and lunches are coordinated, and if you leave later than what we have coordinated, all the remaining breaks/lunches will be delayed. This is unacceptable.

Staff members cannot write in that they did not receive a break or a lunch on their timecard. You must notify the director if you have not had a break—2 hours after your start time or for lunch at least 4 hours after your start time and/or 2 hours before your ending time.

If a staff member arrives for your break and you do not wish to go at the time, you have forfeited your break time. You must take a break when it is provided. If you decline to go on the break, you must write a note saying you decline the break, and it is understood that you have given up your opportunity for that break time, whether it is a morning or pm break.

If, for religious purposes, you request to take your break and lunch together for the purposes of prayer, you must sign an agreement with us in order to do so.

Failure to relieve the person you have been assigned to can and will result in an oral warning. If it continues, it will result in a written and continue through the disciplinary process. The only time that it is acceptable to miss relieving a staff member is if it will put you out of ratio if you leave the room. If that is the case, you must notify the director immediately. If the director is unavailable, you must notify the Floor Supervisor.

We are required to provide rest breaks for 10 minutes in length. At present, we are providing 15 minutes. Taking more than what is allotted is against our company policy. If you are allotted an hour for lunch, you cannot clock in early, which will result in overtime. The only time you may clock in before your lunch period ends is if the Director or Floor Supervisor has asked you to. Failure to adhere to this policy can lead to termination. If your shift starts at 8:00 am and your shift ends at 4:30 pm, you would be entitled to a ½ hour lunch.

When you should take your lunch

Given the nature of your job, you must have relief in order to take a lunch or break. At no time can you leave the children unsupervised to take a lunch or break. Therefore, in order for you to take lunch or a break, relief must be present. However, it is your responsibility to notify us if you have not been provided lunch by the 4th hour of work. We want you to take your lunch by the 4th hour of work. If no one has arrived to provide you with your lunch, you must notify the director. At no time can an employee take their lunch in the 5th hour unless a Supervisor has given you written authorization to do so. Failure to follow these procedures can result in disciplinary actions, up to and including termination.

BYA is required to provide a 30-minute meal break once the employee has worked 5 hours. We do not have to pay for this time. In other words, meal breaks are unpaid. If the employee’s workday will be completed in six hours or less, Baby Yale may consent to waive e (give up) the right to a meal break.

• An employee who works 10 hours is entitled to a second 30-minute unpaid meal break. If the entire workday does not exceed 12 hours, the employee may waive the right to a second meal break. However, the second break may be waived if the employee actually took the first break. In other words, the employee may not waive both breaks in one day.

If the nature of the job prevents employees from taking a break from all duties, employers may provide an on-duty meal period. However, this time must be paid, and the employee must agree to the on-duty break in writing.

Reviews of an employee’s work are important to help determine advancement at the Center and an employee’s suitability for continued employment. Provisional employees may be evaluated at two months, four months, and six months. Employees who successfully complete the provisional employment period are then evaluated annually thereafter, on or near the anniversary of the first day of employment. Verbal feedback is given throughout the assignment. The impact of successful evaluations on wages is described herein. The first six months of employment are provisional. At the end of the 2nd month, the first review of the employee may take place. A second, more extensive review may occur after the employee has worked four months. Once an employee has successfully been employed by BYA for six months, future reviews will be conducted on an annual basis, occurring on or near the anniversary of the first day worked. Raises will be performance-based but are not given. Exemplary service and performance may be rewarded with a more substantial raise; a poor review (but with correctable behaviors) may result in a smaller raise or no raise at all. The purpose of each evaluation is to determine an employee’s overall fitness for the job, the assigned duties, and the Center. They are intended to be a positive experience for the employee and the Center Director. Each evaluation will assess the entire period of employment since the employee’s previous appraisal. The first evaluation of two months helps to determine a new employee’s overall competence and fitness for the job, as well as how the employee fits with the Center and its goals. Subsequent evaluations consider overall job performance in accordance with the employee’s job description and other appropriate criteria as determined by the director (such as goals) and conveyed to the employee. Evaluations not only look back on an employee’s performance but also look forward by establishing short-term and long-term goals for the employee. Goals should serve both the needs of the Center and the employee, allowing both to grow. Progress toward reaching those goals may be used in an employee’s annual evaluation. During the evaluation, the Center Director will go over the evaluation with the employee, discussing the employee’s accomplishments, progress, and any areas of concern. The employee will be expected to sign the evaluation to indicate discussion and receipt of a copy of the evaluation. Note that signing the evaluation does not mean that the employee agrees with every item listed or discussed; in the case of an employee’s disagreement with the appraisal, written comments from the employee may be attached to document the employee’s objections to items (or the evaluation), as well as provide the employee’s rebuttal to specific items. Refusal to sign the evaluation does mean the employee will be subject to disciplinary action up to and including termination. All employees will receive a copy of their annual evaluations. The original, signed evaluation will be placed in the employee’s personnel record.