Our History - The YMCA

Today, the Y engages more than 10,000 neighborhoods across the U.S. As the nation’s
leading nonprofit committed to helping people and communities to learn, grow and thrive,
our contributions are both far-reaching and intimate—from influencing our nation’s culture
during times of profound social change to the individual support we provide an adult
learning to read. Everything we do falls into three areas of focus:

YOUTH DEVELOPMENT: Nurturing the potential of every child and teen

We believe that all kids deserve the opportunity to discover who they are what they can
achieve. That’s why, through the Y, youth today are cultivating the values, skills and
relationships that lead to positive behaviors and better health and education achievement.

HEALTHY LIVING: Improving the nation’s health and well-being

In communities across the nation, the Y is a leading voice on health and well-being. With a
mission centered on balance, the Y brings families closer together, encourages good health
and fosters connections through fitness, sports, fun and shared interests. As a result,
youth, adults and families in our communities are receiving the support, guidance and
resources needed to achieve greater health and well-being for the spirit, mind, and body.

SOCIAL RESPONSIBILITY: Giving back and providing support to our neighbors

The Y has been listening and responding to our communities’ most critical social needs for
160 years. Whether developing skills or emotional well-being through education and
training, welcoming and connecting diverse demographic populations through global
services, or preventing chronic disease and building healthier communities through
collaborations with policymakers, the Y fosters the care and respect all people need and
deserve.

A glance at our rich history shows that the YMCA began in London, England on June 6, 1844
founded by George Williams. At this time the Industrial Revolution was bringing vice and
corruption, along with power and wealth, to the cities. Hours were long and wages were
low. Young clerks worked from 10 to 12 hours a day. With no motion-picture houses,
swimming pools, football or baseball fields, lecture halls or other constructive, recreational
facilities available for leisure hours, too many young men turned to gambling, drinking, and
immoral living. It was in such soil that the YMCA took root.

YMCA associates worked during World War I, World War II and the Civil War on various war
relief projects for both refuges and prisoners on both side, running military canteens, giving
aid and Bibles to the Forces. All of these efforts were the beginning of a commitment to
working with soldiers and sailors that continues to this day through the Armed Services
YMCAs.

The YMCA had a key role with the start of other organizations, such as Scouts, Campfire and
United Service Organization (USO). The YMCA was the first to have continuous organized
youth resident camping in the late 1800s. The YMCA’s James Naismith invented basketball
in 1891. In 1895 a YMCA physical director, William Morgan, invented volleyball.
Racquetball was invented in 1950 at the Greenwich (Conn.) YMCA by Joe Sobek. Softball
was given its name by motion of Walter Hakanson of the Denver YMCA in 1926 at a meeting
of the Colorado Amateur Softball Association (CASA), itself a result of YMCA staff efforts.

The YMCA also initiated disaster relief, short-term capital fund drives, night schools and
outreach work. The YMCA movement played a large role in the development of higher
education.

Residences at YMCAs play a vital part in both the movement and in American society.
Staying in a YMCA room has been mentioned in song and literature, and the list of people
who stayed at Y residences range from Dave Thomas, the founder of Wendy's restaurants,
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to Charlie Rich, the country music star and black revolutionary Malcolm Little, later known
as Malcolm X. Dormitories were seen as giving young men a place of refuge from the evils
of the world.

In 1866, the influential New York YMCA adopted a fourfold purpose: "The improvement of
the spiritual, mental, social and physical condition of young men." By the 1890s, the
fourfold purpose was transformed into the triangle of spirit, mind and body that we honor
today. At its very beginning, the YMCA crossed the rigid lines that separated different
churches and social classes. This inclusiveness was a trait that lead YMCAs to recognize a
strength in bringing people together of all faiths, races, ages, abilities and incomes. The
early history of women in the YMCA is not well documented although women have been
instrumental in the accomplishments and services of the YMCA since its onset.

In answer to a YMCA campaign “to teach every man and boy in North America” to swim,
George Corsan arrived at the Detroit YMCA in 1909 to teach swimming using radical new
methods: group swimming lessons and lessons on land as a confidence builder. In Newark,
N.J., alone, he taught 800 boys to swim in just four weeks.

In July 2004 before a U.S. Senate hearing, Y-USA launched Activate America and the
Healthy Community work, beginning a partnership with the Centers for Disease Control and
Prevention (CDC). Activate America guides each YMCA through a self-assessment and
change process, shifting the culture of the Y towards a focus on relationships and the Health
Seeker. The Health Seeker is defined as is all children, youth, teens, adults and families
whose successful pursuit of health and well-being requires continuously supportive
relationships and environments

In 2010, the Y revitalized its brand and began officially referring to itself by its most familiar
name – the Y – for the first time.

The YMCA of SOUTHERN MAINE

The YMCA has been a strong and positive force in southern Maine for more than 150 years.
Today there are 4 branches as well several before and after school sites throughout this
area:
Casco Bay Branch Greater Portland Branch Northern York County Branch Pineland Branch
14 Old So. Freeport Rd. 70 Forest Avenue 3 Pomerleau Street 25 Campus Dr. Ste 100
Freeport, ME 04032 Portland, ME 04101 Biddeford, ME 04005 New Gloucester, ME 04260
(207)865-9600 (207)874-1111 (207)283-0100 (207)688-2255

Founded in 1853, we believe the YMCA of Southern Maine is for everyone.

The YMCA of Southern Maine is committed to building strong kids, individuals, families, and
communities through programs and services that promote a healthy spirit, mind, and body
for all, regardless of ability to pay.
The YMCA of Southern Maine offers our 12,000 members an opportunity to enjoy and
participate in a community that is based on the development of healthy relationships. Last
year, 20,035 people, including 6,228 children, were involved in active and healthy living
activities at the YMCA.
The YMCA of Southern Maine also prides itself on our commitment to turn no one away
because of an inability to pay. In doing so, we minimize the financial barrier for individuals
and families. In fact, one in three members at the Y receives some level of financial
assistance. For every dollar raised, we will give out $2 in financial assistance. You can’t ask
for a better return than that!

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The YMCA of Southern Maine relies on a strong volunteer base to provide value based
programming and other services for the YMCA. Approximately 600 people volunteer for the
Cumberland County YMCA each year for board roles, program services, and fundraising. We
are thankful for the over 11,500 hours generously given from these volunteers.
The YMCA of Southern Maine is providing solutions to social problems in our communities,
often in collaboration with other social service providers. We engage with a broad array of
community stakeholders to achieve community well-being. Last year alone we partnered
with 94 non profits to better serve our community.

The YMCA of Southern Maine’s Strategic Goals

Volunteerism: To help achieve the organization’s objectives, we will, through YMCA of
the USA Best Practices, develop a process for recruiting exceptional volunteers, nurture a
volunteer culture, double the number of volunteers (policy, fundraising, and program), and
focus on moving each from casual to connected to committed.

Financial Development: To live up to our mission commitment to serve “all, regardless

of ability to pay,” while ensuring fiscal stability, we will increase our annual contributed
dollars to at least 20% of our total budget and cultivate 50 new heritage club members.

Image: To boost membership, community involvement, and financial support, we will

create a meaningfully increase in positive awareness of the YMCA’s mission within our
service area.

Expansion: To maximize delivery of the mission in a financially responsible way, we will

fully utilize and maintain existing facilities, add at least two satellite program sites, and
launch two suburban branch efforts.

Healthy Living: To respond to the high incidence of obesity, chronic disease and other
healthcare crises, we will commit to the YMCA of the USA Activate America public health
initiative and make healthy living a reality by solidifying multiple community partners and
engaging 10,000 health seekers.

New Revenue Streams: To ensure diversified income opportunities, we will identify

and develop at least three new revenue streams that will provide additional programming
options to current members, attract new members, and engage key target populations (eg
ethnic groups, those with chronic health conditions, etc.)

We believe that to bring about meaningful change in individuals and

communities, we must be focused and accountable.
We focus our work in three key areas, because nurturing the potential of
kids, helping people live healthier, and supporting our neighbors are
fundamental to strengthening communities.

Youth Development
Healthy Living
Social Responsibility
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Article II: Code of Ethics
Section 1: Introduction to the Code
This Code provides guidance on how we should conduct ourselves as YMCA of Southern
Maine Directors, Supervisors and employees. It is policy of the YMCA of Southern Maine to
comply with all applicable laws and regulations. Furthermore, the Y is committed to
conducting business and offering services and programs with our key values of caring,
honesty, respect and responsibility as the underpinnings. It is these values that guide our
actions with each other, our members and our communities. This document is to provide
guidance with making ethical decisions and maintaining the highest level of integrity in the
work accomplished at the Y.
It is important to note that many of the matters addressed in the Code are further defined
in specific policies and that there are additional policy statements on other matters that
provide more information and guidance on a subject.

1.1 Responsibilities under the Code

 All Directors, Supervisors and employees are expected to abide by the Code, follow
policies and procedures and act in accordance with the law.
 All employees are expected to request advice from a Director or Supervisor or from
Human Resources when a question arises.
 All employees are expected to promptly report any known or suspected violation of
the Code, policies or procedures or the law. In all cases there will be no retaliation
for making a good faith report about a violation, and every effort will be made to
maintain confidentiality where possible.
 All employees are obligated to cooperate with investigations and must always be
truthful and forthcoming in the course of those investigations.

1.2 Directors and Supervisors Responsibilities under the Code

 All Directors and Supervisors are expected to create an atmosphere that promotes
ethical behavior and encourages employees to ask questions and raise concerns.
 All Directors and Supervisors are to demonstrate a commitment to the Code through
their words and actions.
 All Directors and Supervisors are expected to be diligent in looking for indications of
unethical or illegal behavior and report any compliance risks or violations and
promptly seek guidance on how to implement remedial measures.
 All Directors and Supervisors are expected to handle all employee reports promptly,
confidentially and in a manner consistent with company policies.

1.3 Limitations of the Code

Because no code of conduct can anticipate all issues that can arise in the course of
business, it becomes the responsibility of the employee to be aware of all YMCA of Southern
Maine policies and procedures applicable to their job and that employees use good
judgment and conduct themselves in a manner consistent with the values of the Y whether
a specific conduct is defined further by policy. The Code is not contractual in nature and
may be revised without notice.

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Section 2: Our Commitment to our Members and Program Participants
2.1 Quality of Service and Programs
The YMCA of Southern Maine will promote our services and programs in ways consistent
with our values and following the standards of the Y –USA. We are committed to meeting
the mission of the organization and strive to employ people who exemplify the values of the
organization. In doing so, our services and programming will be open, accepting,
supportive and of high quality. Any staff who does not uphold the values of the
organization while engaging in providing services and programming may face disciplinary
action up to and including termination of employment.

Section 3: Our Commitment to our Y

3.1 Effective Business Controls
Business controls help to mitigate risks by preventing and detecting and correcting
problems. Business controls enhance the overall quality of financial reporting and establish
a foundation for facilitating compliance with laws, regulations and company policies. All
employees have responsibilities with ensuring accurate financial record keeping and
preventing misuse of Y resources. The CEO and CFO will ensure that all finance staff have
the appropriate level of functional expertise. All Finance staff will perform their duties in a
manner consistent with finance and accounting related laws and regulations and be alert for
and cognizant of potential violations of Y policies and procedures that may be apparent in
the course of their work and report these as appropriate to the Supervisor, Director, CFO,
CEO and/or Human Resources.
In addition to financial matters, information of all kinds must be recorded and reported
accurately. This includes but is not limited to, use of company credit cards or charge
accounts, purchase orders, travel and expense claims, and timesheets. Whether intentional
or not, submission of inaccurate documentation may result in disciplinary action up to and
including termination of employment. Any misuse of Y resources will not be tolerated and
may result in disciplinary action up to and including termination of employment.
3.2 Confidentiality
All employees are expected to maintain the confidentiality of all records, whether personnel
or member related. Information obtained through the normal course of an employee’s job
must be held in confidence and shared only on a need to know basis. Any employee found
to be improperly obtaining and/or inappropriately sharing or releasing information that
would be considered confidential will be subject to disciplinary action up to and including
termination of employment.

3.3 Protection of Y resources

All employees are responsible for safeguarding Y resources against loss, theft, misuse,
carelessness or waste. Questions on employee’s personal use of Y resources should always
be directed to the Supervisor, Director or Executive Director and any suspected incident
should be reported for investigation. The YMCA of Southern Maine reserves the right to and
may press charges against employees whose acts or omissions may be in violation of state
or federal law.

Section 4: Our Commitment to each other

4.1 Treating Others with Respect
People are at the heart of all Y business. It is expected that each individual will have a
basic respect for other employees, treating each other fairly and in a manner that protects
each individual’s dignity. Furthermore, Employees are expected to conduct themselves in a
responsible, professional and business-like manner in accordance with YMCA of Southern
Maine policies and procedures (reference policy 6.2).

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Section 5: Our Commitment to our Communities
5.1 Civic and Charitable Activities
The Y supports community involvement and encourages our employees to volunteer their
free time to benefit their communities. The Y will work within the needs of the organization
to support our employees’ volunteer efforts. The YMCA also encourages our employees to be
involved in the political process by voting, volunteering time, and contributing money to the
candidates of their choice. As a general matter, participation in personal political activities
should not be done on Y time.

5.2 Environmental Responsibility

We strive to be conscientious caretakers of our facilities, natural resources, and
environment. Employees should attempt to minimize the organizations impact and resource
consumption by limiting and not wasting. Resources to consider include office supplies such
as paper and facility usages such as water and electricity. Employees are expected to
recycle all materials that the Y has collection stations for such as paper and returnable’s.
Further more staff should encourage members to do their part to help the Y conserve
resources.

Section 6: Contact information for Code Compliance

Please see the Human Resources Department located at 70 Forest Ave, Portland, (207)-
874-1111 x314.

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Article III: Personnel Policies
Section 1: Classification
1.1 Employee Classifications
The nature of business at the Y requires a need for various employee classifications. Since
all employees are hired for an unspecified duration, these classifications do not guarantee
employment for any specific length of time and in no way override the employment at will
status.
1. A regular full-time (FT) employee works a minimum of 35 hours per week. A regular
full-time employee is eligible for all benefits following an applicable waiting period
and all leave time;
2. A regular part-time (PT30) employee is one who works fewer than 35 hours per
week. A part-time employee with consistent and regularly scheduled hours of 30 –
34 hours per week is eligible for all benefits following an applicable waiting period
and all leave time;
3. A regular part-time (P) employee is one who works fewer than 30 hours per week. A
part time employee with a consistent and regularly schedule shift is eligible for the Y
membership and the YMCA retirement plan in the event the employee meets the
eligibility criteria (reference Article IV Retirement Fund);
4. A Temporary (T)/Seasonal (S) employee is one who is employed for a limited period
regardless of the number of hours worked per week. (e.g., summer camp counselor
or seasonal coaches) A temporary employee may be exempt or non-exempt. A
temporary employee is not eligible for benefits unless otherwise specified;
5. A casual on-call employee/Substitute (S) is an employee who does not have
regularly scheduled hours. The employee will work on a flexible schedule, based
upon availability and workload needed. A casual on-call employee/Substitute is not
eligible for employee benefits unless otherwise specified at the time of
employment/contract.

1.2 YMCA Leadership Levels

1. YMCA Leader
All new entrants (and re-entrants who are not YMCA Team, Branch or Organizational
Leaders) in full-time professional programs, administrative and /or technical
positions.
2. YMCA Team Leader
YMCA Leaders may achieve YMCA Team Leader status by meeting the requirements
for the YMCA Team Leader Certification.
3. YMCA Multi-Team or Branch Leader
YMCA Leaders may achieve status by meeting the requirements for YMCA Multi-Team
or Branch Leader Certification
4. YMCA Organizational Leader
YMCA Leaders may achieve YMCA Organizational Leader status by meeting the
requirements for the YMCA Organizational Leader Certification.

Section 2: Compensation

The Y will maintain compliance with applicable laws and consistency with pay practices
including overtime, pay periods, record keeping and working hours. The immediate
supervisor will be responsible for preparation and supervision of the working schedule (i.e.,
shift schedule, lunch, breaks) for their employees.
2.1 Fair Labor Standards Act
1. Employees are classified as exempt or non-exempt by the FLSA and State Wage and
hour laws.

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2. Exempt employees receive the same weekly pay regardless of the number of hours
they work; Exempt employees are expected to manage their time so that all aspects of
the job are met and are not eligible for and do not get paid overtime wages.
3. Non-exempt employees are in positions which do not meet the requirement for an
exemption under the FLSA. Non-exempt employees are required to be paid for
overtime at a rate of one and one half times their base pay rate for hours worked in
excess of 40. No leave time is calculated into the number of overtime hours a person
may be paid as overtime is solely based on actual hours worked.
4. Management approval must be obtained prior to working overtime.
2.2 Payroll practices
Pay Periods
1. A pay period is defined as two (2) workweeks in length. A workweek will begin at
12:00 a.m. Sunday morning and end at 11:59 p.m. Saturday evening;
2. Payment for the pay period will be made available on the following Friday at the
scheduled opening time for each branch pending no unforeseen problems with the
normal payroll process. No checks will be issued any earlier than Friday; and
3. Paychecks will be released only to the employee or their supervisor unless special
arrangements have been made with the Human Resources Director.
Direct Deposit
The Y offers its employees the option of having their paycheck directly deposited to
their bank. A direct deposit form may be obtained from the Human Resources office.
Full or partial deposit is allowed.
Payroll Records
To ensure that payroll records are accurate, immediately notify the Human Resources
Office if there are changes in the following: name, address, telephone number, marital
status, number of dependents or number of exemptions for tax purposes.
Working Hours
1. A regular workweek for regular full-time staff is defined as 35 to 40 hours per week.
2. Employees must work as scheduled by their immediate supervisor, unless prior
approval is given. (i.e., Overtime, Leaves of Absence) Scheduled shifts will be based
on the Y’s business needs; and
3. All non-exempt employees must take lunch/breaks as required by law. No non-exempt
employee will be required to work more than six (6) hours without a minimum 30-
minute break unless in the case of an operational emergency. Thirty minute breaks are
considered unpaid time off and are not included in the average eight (8) hour work day.
Timecards
1. No employee shall record time for another employee. Recording of time for another
employee could lead to disciplinary action up to and including termination;
2. Falsification of a timecard could result in immediate termination;
3. The accuracy of an employee’s timecard is the responsibility of the employee and the
immediate supervisor; and
4. Supervisors are responsible for obtaining timecards from their staff. Timecards must
be submitted to the payroll clerk by noon on Monday following the close of a pay
period.
2.3 (revised 7/1/2018) Compensation for Hazardous Weather Conditions or Short
Notice Closures

Programs at the Y are considered to be in operation all year and need to be staffed at all
times. All staff is expected to report to work during their regularly scheduled hours.
1. In severe weather conditions, or any other unexpected reason that warrants facility
closure, the CEO, in conjunction with the Branch Executive Directors, will announce the
Association’s or branch shutdown, closing time or late opening hours. Each branch has a
chain of communication that will be utilized and notification may be announced on local

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radio and television stations. The voicemail at each branch will reflect the announcement as
well.

2. Employees will not be paid during facility closures if they do not work. Employees who
are able to and receive permission from their supervisor to work from home may do so and
be paid for those hours. Employees who are not able to work or wish to take the day off
may do so. If benefit eligible, they may use PTO or Floating Holiday time. If not, they will
not be paid.

3. Employees are asked to make every reasonable effort to report to work during bad
weather conditions if the Y has not been officially closed.

4. Employees must notify their immediate supervisor of their leave due to bad weather
conditions as soon as possible.

We close early at 6 p.m. on Thanksgiving Eve, New Year’s Eve and at Noon on Christmas
Eve.

The school calendar is followed for Child Care and after school programs.

2.4 Authorized Expense Reimbursement

All authorized and reasonable expenses incurred by any employee while on Y business shall
be reimbursed. The CFO or designee shall rule on any questionable expenses.
Mileage and Miscellaneous Expense Reimbursement
1. Employees who are traveling on approved Y business will be compensated for mileage
above and beyond their regular daily commute. Mileage reimbursement will be based
on the corporation’s current reimbursement rate. Employees may submit an expense
form along with a mileage log and receipts for parking fees and tolls if applicable.
Their immediate supervisor must approve expense form before it is submitted to the
Finance Department;
2. An employee’s immediate supervisor and/or Branch Executive will consider other
expenses incurred for Y business as the need arises; and
3. Falsification of an expense form will result in immediate disciplinary action, up to and
including termination.
Conference, Seminar and Program Training
1. Employees who have been approved by their immediate supervisor and Branch
Executive to attend a seminar conference or Y program may submit an expense form
along with receipts for mileage reimbursement, other travel expenses, parking fees,
tolls and meal expense after the completion of the class, seminar or program. The
employee’s immediate supervisor must approve the expense form before it is
submitted to the Finance Department;
2. Employees will receive no more than $10.00 reimbursement for breakfast and lunch,
and $20.00 reimbursement for dinner;
3. If lodging is necessary, reimbursement will be made at the reasonable room rate. If
within the State of Maine, the Y tax exemption number should be provided to the
lodging location to avoid payment of sales tax. All receipts pertaining to lodging must
be attached to the expense form and approved by their immediate supervisor prior to
submitting for reimbursement.

2.5 Salary Adjustments

Position pay rates will be reviewed periodically and will be administered within the
guidelines of the Y’s salary program.
1. Wage/salary adjustments are based upon criteria such as available resources and
personal performance and results achieved; and

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2. Annually, the Y Human Resources Committee reviews recommendations and approves
the plan for granting any adjustments. The Human Resources Committee’s
recommendation is submitted to the Board of Directors for final approval.

Section 3: Employment Policies

3.1 Attendance, Punctuality and Dependability
Because the Y depends heavily upon its employees, it is important that employees attend
work as scheduled. Dependability, attendance, punctuality, and a commitment to do the
job are essential at all times. As such, employees are expected at work on all scheduled
workdays and during all scheduled work hours and to report to work on time. Attendance,
punctuality and dependability will be addressed during annual evaluations or as necessary.
1. If an employee knows in advance that s/he will be absent from work, late or must leave
early, the employee must notify their supervisor directly. This applies for each day of
his or her absence unless other arrangements have been made. Advance notice is
essential so that staffing needs may be addressed and quality service can continue.
Failure of an employee to report to the supervisor prior to the scheduled shift could lead
to disciplinary action up to and including termination.
2. If an employee is ill at work, s/he must report to their immediate supervisor prior to
leaving the premises.
3. If an employee has an unanticipated absence or lateness, s/he must contact their
immediate supervisor as soon as possible.
4. Excessive absence occurring with some regularity will not be tolerated. Absences may
be considered excessive when: they regularly occur before or after scheduled days off,
weekends, holidays or vacation; there are two (2) or more days of absence in three (3)
or more consecutive months. Excessive absence could lead to disciplinary action up to
and including termination.
5. If an employee is absent from work due to a medical need for more than three (3)
consecutive days, the Y may require a written statement signed by the employee’s
healthcare provider, verifying the medical need for the employee’s absence be given to
Human Resources. The Y may also require a written statement signed by the
employee’s healthcare provider verifying that the employee is fit to return to work and
resume his or her regular work schedule and duties.
6. Absence from work for two (2) or more consecutive days, where an employee fails to
communicate with their immediate or comparable supervisor, may be considered job
abandonment and the Y will consider the employee to have voluntarily resigned the
employment.

3.2 Conflicts of Interest

A conflict of interest exists when a person’s private interest interferes or conflicts in any way
(or even appears to interfere) with the interests of the Y. A conflict situation can arise when
an employee takes actions or has interests that may make it difficult to perform his or her
work objectively and effectively. All employees of the Y are under a duty of loyalty and
should be scrupulous in avoiding a conflict of interest with regard to the Company’s interest.
An actual or apparent conflict of interest may arise when family members or persons with
whom employees have close personal relationship serve as their direct or indirect supervisor
or director, or are otherwise in a position to affect their employment.

1. To avoid possible favoritism, conflicts of interest, or potential claims of sexual

harassment, dual relationships where objectivity is or has the potential to be
compromised and a reporting chain is in place are not permitted.
2. In the event, a situation arises, the Executive Director will work with Human Resources
and present the employees with a process.

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3.3 Drug Free Workplace
The Y maintains a drug-free workplace in keeping with the federal Drug-free Workplace Act
of 1988.
1. The manufacture, distribution, dispensing, possession or use of any illegal drug,
alcohol, or controlled substance or any related paraphernalia is prohibited in all Y
facilities and while an employee is engaged in Y business.
2. No employee will work, report to work, or be on Y property with any illegal drug, or
drug or controlled substance not medically authorized in his/her system.
3. No employee will work or report to work or be on Y property under the influence of, or
impaired or smelling of, alcohol or any other substances which impair job performance
or pose a hazard to the safety and welfare of the employee, members or other
employees.
4. No employee will use, consume or possess, on Y property, time or business alcohol or
any other substances which impair job performance or pose a hazard to the safety and
welfare of the employee, members or other employees.
5. Any employee who is arrested or convicted of Operating under the Influence or who is
convicted under any criminal drug law must notify his or her immediate supervisor and
Human Resources within five (5) days of such arrest or conviction.
6. Any employee who violates this policy will be subjected to appropriate disciplinary
action, up to and including termination of employment.

3.4 Employment at Will

The provisions of policies, procedures and statements, whether written or oral, are not
intended to create, and do not create, contractual rights of any kind on the part of any of Y
employees. No implied contract concerning any term or condition of employment can be
established by any conduct or practice of the Y. Employment is at will and the employment
relationship may be terminated by either party at any time for any reason with or without
notice.

3.5 Employee Grievance Procedure

The Y recognizes there may be problems and disagreements within the normal working
environment. It is expected that supervisory personnel will recognize and strive to resolve
employee concerns in the beginning stages. Employees are also encouraged to discuss
work-related issues through an open discussion process in supervisory and departmental
meetings and have the right to discuss concerns with the Human Resources Director as an
informal process. However, employees who feel that there has been a violation,
misrepresentation, or inequitable application of the Y policy, or who feel that they have
been treated unfairly, may seek redress through the grievance procedure. The Existence of
this policy does not affect employment at will. A grievance should be submitted within
fourteen (14) calendar days of the occurrence of the action or circumstances for which the
employee is concerned.
An employee seeking to resolve a grievance should exhaust the informal grievance process
before proceeding to the formal process.
Formal Grievance and Appeal Procedure
1. Employees should submit a written statement of their grievance to the Human
Resources Director. The written statement should clearly and directly state:
a The specific nature of the grievance;
b The policy or standard which has been violated;
c The name(s) of all parties involved; and
d The recommended remedy.

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2. In conjunction with the Chief Executive Officer, the Human Resources Director will
respond to the appeal, in writing, within ten (10) working days.
3. Failure on the part of the Human Resources Director, or Chief Executive Officer to meet
the established time limits shall not affect the final decision.
4. The decision of the Chief Executive Officer on any grievance is final.

3.6 Employment References and Verifications

The purpose of references is to obtain information, in confidence, from a third party,
providing a factual check on a candidate’s employment history, qualifications, experience
and/or an assessment of the candidate’s suitability for the position in question. This remains
true if the Y is obtaining or providing an employment reference.
Obtaining information:
1. The Y will request at least two references from all applicants and prospective
employees: their previous employer and a second employer are required. If an
applicant has not been employed, the Y will expect the applicant to provide an
academic and character reference.
2. The Y will not rely on references provided by candidates or an open reference, (“to
whom it may concern”), where there is no way of checking authenticity and accuracy.
3. Information obtained through references becomes a part of the personnel file upon
formal employment.
4. Some general guidance on obtaining a reference is below:
• Ensure you are speaking to the appropriate person in the organization
• Make it clear to the reference that you are making notes that under the Data
Protection Act 1998 a copy of the notes may be provided to the person if they
request it (the reference’s name will not be disclosed)
• Ask factual questions only
• Make clear notes of your conversation

Providing information:
1. There is not obligation on the employer to provide a reference. However, in general
the Y aims to provide employment references for employees and former employees.
2. References should have first hand knowledge of the employee’s work and have been
in a direct supervisory role to the employee.
3. References must be cautious about giving any subjective opinion about an
individual’s performance, conduct or suitability, which they cannot substantiate with
factual evidence in the personnel file.
4. Make clear notes of your conversation and submit the notes to Human Resources to
become a part of the personnel file.
5. Written references for employees and former employees must be reviewed by
Human Resources prior to the reference being distributed. A copy of the reference
will become a part of the personnel file.
Employment Verifications
1. Employment verifications consisting of the position held, dates of employment, and
probability of continued employment will be given out over the phone by the Human
Resources Department.
2. If further information is required a signed release will need to be submitted to
Human Resources.
3. Any written information submitted will be copied and filed in the personnel file.

3.7 Hiring and Rehire eligibility

In conjunction with the Chief Executive Officer, the Human Resources Director will be
responsible for implementing, recommending, and monitoring the corporation’s hiring
procedures. The Y does not guarantee employment to any employee, regardless of seniority

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or performance. The Y reserves the right to staff in a manner which meets lawful criteria
and business needs.
Rehire of Former Employee
It is the policy of the Y to consider re-employing a former employee who resigned in good
standing.
1. Employees that resigned from their positions in good standing may re-apply for a
position. Prior to being re-employed, all basic employment requirements must be met;
2. Unless a former employee is re-hired within ninety (90) days of termination, there will
be no carry over of benefits, with the exception of the YMCA Retirement Plan; and
3. The rate of pay for an employee returning to the same or comparable position will
normally be at the same rate received prior to termination, with the exception of a
wage adjustment given to an entire department or position, or as determined at the
time or re-hire.

Criminal Record, Child Protective Record and Motor Vehicle Record Searches
The Y is concerned about the well being and safety of each member, program participant,
employee and volunteer. It is the policy of the Y that all employees will be checked for a
criminal/abuse history through the State Bureau of Investigations. It is a policy of the Y
that employees and volunteers whose position requires transportation during the course and
scope of their employment maintain a safe driver’s record. In addition, the policy provides
that the Y may conduct an annual driver’s record check, which is reviewed by the
corporation’s automobile insurance company.

1. In the event that an employee is determined to be an unacceptable driver, the

employee will be suspended from operating any Y or personal vehicle during scheduled
hours of Y related business. In instances where driving is a condition of employment
for the employee or volunteer, the employee may be terminated from their position,
and the volunteer will not be allowed to use company or personal vehicles during
scheduled hours.

The definition of an unacceptable driver is any employee or volunteer who within the
last 3 years has been convicted of any of the following:
 Driving while under the influence of drugs or alcohol.
 Hit and run.
 Failure to report an accident.
 Negligent homicide using motor vehicle.
 Driving while license is suspended or revoked.
 Using a motor vehicle for the commission of a felony.
 Operating a motor vehicle without the owner’s authority (grand theft).
 Permitting an unlicensed person to drive.
 Reckless driving or speed contest.
 Any combination of accidents, regardless of fault, and moving violations which
total more than two (2), unless deemed acceptable by the Y management and
current insurance carrier.
2. Any employee or volunteer under the age of 21 years, or licensed for less than three
(3) years, is defined as an unacceptable driver.

3. The failure of an applicant to completely disclose their past record of conviction may
result in disciplinary action up to and including termination.

3.8 Monitoring, Surveillance, Inspection of Personal and Company Property

There is no general or specific expectation of privacy at the Y, either on the premises or
while on duty. In general employees should assume that what they do on duty or on the
premises is not private.

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1. The Y reserves the right to monitor the systems and equipment used by employees for
the benefit of work activities.
2. Y facilities also use surveillance technology to maintain security and aid investigations.
3. The Y also reserves the right to conduct searches to monitor compliance with rules
concerning safety of employees and members, security of member, employee and
company property, drugs and alcohol and other prohibited items. The Y may search
individual’s work areas, lockers, and personal vehicles if parked on Y property.
In requesting a search, the Y is by no means accusing any staff of theft, some other
crime or any other improper conduct.
4. All employees are subject to this policy however, any given search may be limited to a
specific area.
5. Any monitoring, surveillance or search will be done in manner protecting people’s
privacy and confidentiality to the greatest extent possible.
6. Any unauthorized release of information obtained through any Y method of monitoring,
surveillance or search by an employee with access to such information, will result in
disciplinary action up to and possibly including termination of employment.

3.9 Outside Consulting

Employees are permitted to provide consultant services to other Ys and/or kindred
organizations with goals and objectives similar to the Y's, subject to the approval of their
supervisor, the Branch Executive Director and the Chief Executive Officer. If an employee is
released from job responsibilities to provide such services and remuneration is received,
then the Y must be reimbursed any consulting fee received by those employees. If
employees consult during their time off, then the employees may retain any remuneration.

1. Prior written approval must be given by the Chief Executive Officer.

2. Employees must be employed by the Y for at least one (1) year (unless it is a condition
of employment).

3.10 Performance Expectations

Employees should know what is expected of them and what the consequences are for not
fulfilling these expectations. Job descriptions, performance evaluations, and the supervisory
process are tools to assist employees in the performance of their positions. Regular
supervision gives feedback to the employees on his or her performance and assistance in
fulfilling the requirements of the job. It is a forum to help an employee grow professionally.

If an employee’s performance or conduct falls below a satisfactory standard, disciplinary

action may be taken by the immediate supervisor, and/or Human Resources Director, with
the intent of helping the employee resume satisfactory standards. The Y reserves the right
to implement the level of appropriate discipline based on the circumstances of each case.
Discipline may be progressive in nature, but progressive discipline is not required. The Y
reserves the right to dismiss an employee immediately if it deems appropriate for the level
of misconduct or violation. Confidentiality will be kept to the extent feasible.

3.11 Personal Appearance

The Y believes it is important that employees project an air of professionalism in their
personal appearance. The Y expects employees will use common sense and good judgment
when choosing work attire. Safety and professionalism should always be considered.
This policy is intended to offer guidance when taking into consideration what is appropriate
work attire and is in effect at all times. The following types of clothing are not considered
appropriate at any time:
• Ripped, torn or soiled clothing
• Clothing advertising illegal substances, tobacco or alcohol or that depicts a picture or
statement that would be deemed unprofessional
• Excessively tightly fitting or revealing clothing

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 • Halter tops, shirts and sundresses with very thin straps
• Clothing that reveals under garments
• Clothing that exposes any of the employee’s midriff area
• Cut-offs, short-shorts or mini-skirts
• Clothing that resembles or is intended to be sleepwear

Attire should be appropriate to providing excellent member services, including interactions

with childcare parents and school personnel. Clothing should correspond to the job
responsibilities, while always being aware of our responsibility to provide a comfortable and
professional environment. Certain positions held within the Y may require a standard dress
code, in certain cases, Y attire is required. Employees involved in these areas are expected
to abide by the specific policy.

If questions arise about clothing, the employee and his or her supervisor should resolve
them. If the employee is sent home to change, this will not be paid work time. If the issue
is unresolved at the supervisory level, it may be referred to the Director level.

3.12 Personal Expression, Blogging, Social Media and Media Requests

Employees are free to exercise their full liberties as citizens; including the right to express
personal convictions on issues such as social, economic, religious and political subjects. The
Y supports our employees’ right to interact knowledgeably and socially in the blogosphere
and on the Internet through blogging and interaction in social media. It is required that
employees use these guidelines to make appropriate decisions about work-related blogging
and the contents of your blog, personal Web sites, postings on wikis and other interactive
sites, postings on video or picture sharing sites, or in the comments an employee may make
online on blogs, elsewhere on the public Internet or in public in general. This policy and
guidelines apply to work-related matters and are not meant to infringe upon an employee’s
personal interaction or commentary online or in general. Our policy Proper Use of Y
Systems remains in effect in our workplace.

 All requests by the media, including, but not limited to newspaper, radio, television
or internet, for Y opinion on issues, related or unrelated to the Y shall be directed to
the Chief Executive Officer or his/her designee.
 Employees are expected to give a disclaimer that the views expressed in person, in
print, on the blog or Web sites are those of the employee’s and do not represent the
views of the Y.
 Employees may not share information that is considered confidential and proprietary
about the Y. This includes upcoming campaigns, finances, number of employees,
company strategy, any and all information regarding membership and any other
information that has not been publically released by the Y. The Y logo may not be
used without the expressed written consent of a Y executive. These are examples
only and do not cover the range of what the Y considers confidential and proprietary.
If an employee has any questions regarding whether or not information is
appropriate to share, please speak with your supervisor, Executive Director or CEO.
 Employees are encouraged to write and speak knowledgeably, accurately and using
appropriate professionalism. It is expected that employees write and speak
respectfully about the company, employees and other companies perceived as
competitors. Employees should not engage in name calling or behavior that will
reflect negatively on the Y’s reputation. Use of Y materials, unfounded or derogatory
statements, or misrepresentation is not viewed favorably by the Y and may result in
disciplinary action up to and including termination of employment.
 Employees should honor the privacy rights of current employees by seeking their
permission before writing or speaking about or displaying internal Y happenings that
might be considered to be a breach of their privacy and confidentiality.

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  People may be legally liable for anything they write or present on line. Furthermore
violation of the policy cited above or of this policy may result in disciplinary action up
to and including termination of employment.

3.13 Personnel Files and Access

Each employee will have their own file kept in the Human Resources office at 70 Forest
Avenue in Portland.
1. If a current employee or an inactive employee wishes to review their personnel file, a
written request must be submitted to Human Resources at least ten (10) business
days in advance of the desired review. The Human Resources Director or other
designated employee must be present during the review and will make a written
record of which documents the employee copies.
2. The employee’s supervisor, the Department Director and the Executive Direcctor also
have access to the personnel files, except for medical documentation, and may add to
review their contents. The Human Resources Director or other designated employee
must be present during the review.
3. Non Y employees that have access to certain sections of personnel files are auditors or
licensing agents.
4. Medical documentation is kept in a separate and confidential file for each employee.
Human Resources and the employee are the only people that will have access to
medical documentation, with the exception of court ordered access.

3.14 Proper Use of Y Systems

The Y is dependent upon secure electronic communications systems. All employees have a
responsibility to make sure the securities of those systems are not compromised due to
improper or non-business use. All electronic communication systems may be monitored
and/or accessed to ensure the integrity of the systems. Y electronic communication
systems such as email, internet, voicemail, paging, facsimile and telephony systems remain
the property of the Y and are to be used primarily for business purposes. All
communications, data records, files and other information created through the use of, or
retained in, the electronic systems are Y property. Any violations of this policy will result in
disciplinary action up to and including termination.
Privacy and Security
All employees are expected to maintain a secure environment for the corporation’s
communication and computer equipment, software and services. It is the responsibility of
the employee to:
1. Protect against misuse, misappropriation, misapplication and vandalism
2. Use computer software and other copyrighted materials in accordance with licensing
agreements and applicable copyright laws.
3. Protect computer equipment, software and services from viruses by not downloading
software from the internet and not installing unauthorized software of any type.
4. Perform updates to computer equipment and software as requested by the System
Administrator.
5. Passwords are issued to employees to ensure the security of the privileged files and
voicemail. All passwords and codes used in connection with the electronic systems
and the information are the property of the Y. The Y may override individual
passwords and codes and require employees to disclose any passwords and codes.
6. Employees must abide by, and not attempt to circumvent, all systems’ security
controls, including but not limited to the passwords of other individuals. The Y
prohibits employees from accessing or attempting to access or use the email or
voicemail systems of a co-worker unless authorized to do so.
Harassment and Discrimination
Employees are strictly prohibited from using the equipment, software and/or services of the
Y for:
1. Creation, distribution or solicitation of sexually orientated messages or images.
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 2. Creation or distribution of offensive, harassing, obscene, threatening or intimidating
communications including discrimination based on sex, race, color, religion,
ancestry, age, national origin, sexual orientation, marital status, physical or mental
disability, pregnancy, political beliefs or any other characteristic protected by
Federal, State or local laws.

Internet Access
It is the policy of the Y that the major use of the internet be limited to work related issues.
Limited personal use is permitted by supervisor approval. The Y has implemented an
Internet Content Filtering system that scans and blocks inappropriate or potentially
malicious sites from employee access. If a work related site is not accessible, contact the IT
help desk and if deemed appropriate the website may be released.
Landline Phone and Cellular phones
Telephones, including landlines and employer issued cellular phones are to be used
primarily for business purposes. Any personal use shall be limited to occasional use that
should not exceed time allotted for break or rest period. Employees should ensure that
personal phone calls do not interrupt the business operations or the workplace environment.
Personal long-distance calls are not be done on Y lines.
Research has demonstrated that there is increased risk of accidents if cellular phones are
used while driving. Due to this, staff is prohibited from using cellular phones while driving
on work time and for work purposes. Employees carrying non-Y issued cellular phones must
adhere to this policy while engaging in work related business.
Laptop Computers
Some employees will be assigned portable laptop computers to assist them with their job
functions. All policy and procedure for desk top computer systems apply to portable laptop
computer. Employees with assigned laptops are expected to take reasonable precautions to
guard their computer system from damage or theft.
3.15 Terminations
Termination is defined as the formal ending to the employment relationship, either
voluntary or involuntary.
Voluntary Termination
1. Resignation
A resignation occurs when the employee makes the decision to terminate his/her
working relationship with the Y. The employee is expected to provide the Y with a
written notice informing the Y of the employee’s intent to end the employment
relationship at least 14 calendar days prior to the last day of employment.
2. Retirement
Retirement is a voluntary choice of the employee.
Involuntary Termination
1. Work Force Reduction
The Y may need to reduce its staff due to economic necessity, operational and/or
programmatic changes, reorganization or other circumstances. When the separation
of an employee is required because of a work force reduction, effort will be made to
transfer that employee(s) to another comparable position within the Association.
2. Dismissal
An employee may be discharged for several reasons including, but not limited to:
s/he fails to comply with work rules, has unsatisfactory performance,
insubordination, or negligence.

3.16 Use of Company Vehicles

Only authorized employees with an unrestricted, current driver’s license may drive on work
time or operate an agency owned vehicle.
1. Employees are not to use agency vehicles for personal use.

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2. Prior to being authorized to operate an agency owned vehicle, (Refer to Section 3.5
for authorized definition) the employee will receive the necessary orientation and will
sign an agreement regarding the use of the vehicle. The agreement acknowledges
that the employee has reviewed this policy and it will become part of the employee’s
permanent personnel record. This signed agreement will also serve as an indication
that the employee has been duly authorized to drive the vehicle. The orientation
includes instruction regarding the operation and care of the vehicle as well as actual
road instruction. Drivers will also be trained regarding what to do in the case of
vehicle emergencies and how to maintain the log. Drivers are instructed on the
location of the first aid supplies, fire extinguisher, log and procedures for vehicle
accidents and road emergencies.
3. Any employee operating a Y vehicle or a personal vehicle on work time must do so in
a safe manner. Any employee operating a vehicle on work time under the influence
of drugs or alcohol or in an unsafe or negligent manner, including non-emergency
use of cell phones will be subject to disciplinary action and possible termination of
employment.
4. Any motor vehicle violation, including towing and parking tickets, which occurs while
on work time in a Y owned vehicle or a personal vehicle will not be the financial
responsibility of the Y but lies solely with the employee and may result in disciplinary
action to the employee.
5. At no time is a Y employee to transport Y participants in his or her personal vehicle
without prior written approval from the Branch Executive.

Section 4: Leave Time Policies

4.1 Family and Medical and Military Family Leave (FMLA)
The Y is required to comply with the Family and Medical Leave Act of 1993. The Y reserves
the right to designate Family and Medical Leave as needed to any eligible employee and to
require employee’s to first use all available paid time off before approving unpaid leave as
qualified FMLA time toward the twelve (12)-week limit.

Family and Medical Leave also includes a special leave entitlement that permits eligible
employees to take up to twenty-six (26) weeks of leave to care for a covered service
member during a single twelve (12) month period. For the purpose of this policy a
“Covered Service Member” means current member of armed forces, undergoing medical
treatment / recuperation / therapy, or temporary disability retired list that has a serious
injury or illness incurred in the line of duty. The single twelve (12) month period for leave
begins on the first day the employee takes leave for this reason and ends twelve (12)
months later, regardless of the twelve (12) month period established for other types of
FMLA leave.

Eligibility
To be eligible for FMLA the employee must meet all these criteria:
1. Have been an employee for the YMCA of Southern Maine for at least twelve (12)
months;
2. Have worked at least one thousand two hundred and fifty (1, 250) hours during the
previous twelve (12) months;
3. The employee must not have already received twelve (12) weeks of FMLA leave in
the current year. Any FMLA taken by an employee during the preceding twelve (12)
month period will be used to determine the amount of available leave pursuant to
the Family and Medical Leave Act. For example, if an employee used four weeks of
leave beginning March 1, 2008, four weeks of leave beginning July 1, 2008, and four
weeks of leave beginning October 1, 2008, the employee would be not be entitled to
any additional leave until March 1, 2009. On March 1, 2009, the employee would be
entitled to four weeks of leave and on July 1, 2009, the employee would be entitled
to an additional four weeks, etc.
Qualifying Events
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The following reasons qualify a person for FMLA:
1. Birth of a child.
2. Place of a child by adoption or foster care arrangement into the employee’s custody.
3. Employee’s inability to perform the functions of the employee’s position due to a
serious health condition.
4. Care for any of the following who has a serious health condition: employee’s spouse,
legal domestic partner, child, parent, or the legal domestic partner’s child who is
under 18 years of age.
5. Military Caregiver Leave – Care for the employee’s spouse, legal domestic partner,
child, legal domestic partner’s child, parent, or next-of-kin (includes grandparents,
aunts, uncles, first cousins, and any relative so designated by the service member)
who has incurred a serious injury or illness while on “active duty” and considered a
“Covered Service Member.”
6. A qualifying exigency which occurs while the employee’s spouse, legal domestic
partner, child, legal domestic partner’s child, or parent is a member of the Reserve
component or the retired member of the Regular Armed Services or Reserves and is
on active duty or on a Federal call to active duty. Qualifying exigencies are to assist
in the management of the affairs of the service member prior to deployment.
Examples are described on the Department of Labor form Certification of Qualifying
Exigency for Military Family Leave.

Serious Health Condition

For the purpose of this policy, a serious health condition means an illness, injury,
impairment or physical or mental condition that involves:
 any period of incapacity or treatment in connection with or consequent to in-
patient care in a hospital, hospice, or residential medical care facility;
 any period of incapacity requiring absence from work or other regular daily
activities for more than three calendar days that also involves continuous
treatment by or under the supervision of a healthcare provider;
 continuous treatment by or under the supervision of a healthcare provider for
a chronic long-term health condition that is incurable or so serious that if not
treated would result in a period of incapacity of more than three calendar
days;
 prenatal care.
Intermittent Leave
Such leaves are subject to the qualifications and limitations set forth in the FMLA federal
regulations.

In the case of unpaid leave for serious health conditions, the leave may be taken
intermittently or on a reduced hour’s basis only if such leave is medically necessary. In
situations where an employee requests intermittent leave, or leave on a reduced hours
basis, due to a serious health condition (their own or that of a family member), it is at the
discretion of the Y to choose to require the employee to transfer temporarily to an alternate
position which better accommodates the change in work hours (than the employee’s regular
position). This position must suit the employee’s qualifications and will be a temporary
position with equivalent pay and benefits to the employee’s regular position.

In order to utilize intermittent leave or work a reduced number of hours due to the birth or
placement of a child, both the employee and the Y must agree on a plan prior to the start of
the leave.
Leave Period
1. An eligible employee may take up to twelve (12) workweeks of leave during a twelve
(12) month period defined as a calendar year. Unused portions of the twelve (12)
weeks of FMLA leave may not be carried over between calendar years.
2. Family leaves for birth and/or placement of a child into an employee’s family may
only be taken within the twelve (12) month period after the date of the birth or

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 placement of the child. If the Y employees both parents the combined leave shall
not exceed twelve (12) weeks.
3. For the purposes of determining the amount of leave taken by an employee on FMLA
the following days will be counted: 1) employee’s scheduled shifts; 2) holidays that
occur within a week if that entire week has been taken by an employee for FMLA;
and 3) holidays that the employee was scheduled or expected to work.
4. For Military Caregiver leave the single twelve (12) month period for leave begins on
the first day the employee takes leave for this reason and ends twelve (12) months
later, regardless of the twelve (12) month period established for other types of FMLA
leave.
Procedure:
Foreseeable vs. Unforeseeable Leave:
1. When the necessity of the leave is foreseeable the employee must provide the Y at
least thirty (30) days notice of the employee’s intention to take a leave. This would
include the expected birth or placement of a child, exigency leave or a serious health
condition which is foreseeable due to the planned medical treatment.
2. If for any reason the situation requires the employee’s leave to begin less than thirty
(30) days from the date of notice to the Y, the employee must provide notice as soon
as practical. In addition, it is expected that the employee will make a reasonable
effort to schedule the treatment so as not to unduly disrupt the operations of the Y.
Such plans should be subject to the approval of the employee’s health care provider.

Certification:
1. Any leave request must be supported by certification. The following is a list of
different certifications depending on the type of leave: Employee’s Serious Health
Condition; Family Member’s Serious Health Condition; Qualifying Exigency for
Military Family Leave; and Serious Injury or illness for Covered Service Member for
Military and Family Leave.
2. Employee must provide a completed certification to Human Resources within fifteen
calendar days unless other arrangements have been made.
3. The Y may require an employee on FMLA leave to report periodically on his/her
status and the intention of the employee to return to work, and also periodic re-
certification of the medical condition.
4. An employee taking leave due to the employee’s serious health condition is required
to obtain certification that the employee is able to resume work prior to the return
from any FMLA leave.
5. When any certification is requested it is the responsibility of the employee to provide
the employer with timely, complete and sufficient certification and if failure to do so
may result in delay or denial of FMLA leave.
Return to Work:
1. Employees who return to work from family leave of absence within or on the
business day following the expiration of the twelve (12) weeks are entitled to return
to their job or an equivalent position without loss of benefits or pay, unless:
a. their employment with the Y would have been terminated if no leave had
been taken;
b. they have given notice of their intent to terminate their employment;
c. they cannot with or without reasonable accommodation, safely and/or
adequately perform the essential functions of the job to which they may be
restored.
2. For the purpose of this policy “key employee” is defined as a salaried employee who
is the highest paid ten percent of all the employees employed by the Y. “Key
employees” may not enjoy these reinstatement rights if the restoration of the
employee to employment will cause “substantial and grievous economic injury” to
the operations of the employer.
Benefits

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The employee’s participation in the group insurance plans will be maintained during the
leave so long as the employee intends to return and actually returns to work. Employees on
FMLA leave continue to be responsible for paying their share of premiums for insurance
plans. Failure of the employee to pay his/her share of the insurance premiums may result
in loss of coverage.

If the employee does not return to work after the expiration of the leave, the employee will
be required to reimburse the Y for payment of any insurance premiums paid during the
family leave, unless the employee cannot with or without reasonable accommodation, safely
perform the essential functions of the job to which they may be restored.

During the leave the employee shall not accrue any paid time off. Employees will be
required to use any accrued paid time off before any unpaid leave will be approved.

An employee on a Family and Medical Leave may be eligible for benefits under the Short
Term Disability policy and will also be required to use forty percent of sick time first then
vacation time while covered under Short Term Disability.

Fraudulence
An employee who fraudulently obtains an FMLA leave is subject to disciplinary action up to
and including termination of employment.

4.2 Discretionary Leaves of Absence

Leaves of Absence (with pay)
Bereavement Leave
1. Applies to regular full-time and eligible part-time employees:
2. Eligible employees may be granted up to five (5) days, or forty (40)-hours for non-
exempt staff, of leave with pay per calendar year for the death of a family member or
member of their household.
3. Usage of Bereavement Leave is at the discretion of the Chief Executive Officer; and
4. Bereavement Leave will not be considered “hours worked” and for non-exempt
employees may be taken in half-day or full-day increments only. Exempt employees
utilizing this leave will use full-day increments.
Leaves of Absence (without pay)
The Y recognizes the occasional need for employees to take time away from work in excess
of their paid time off. Unpaid leave with benefits continued at the employee expense, may
be granted to employees by the Executive Director, for personal, educational, and leaves
that do not fall under the Family and Medical Leave Act.

1. All requests must be submitted in writing to Human Resources with thirty (30) days
notice whenever possible.
2. An approval of a request for personal leave is within the sole discretion of the Y and
will generally depend upon such individualized factors as the amount of notice given,
the reason for the leave, the length of the leave requested, the length of service,
performance records of the employee and the requirements of the employee’s job
and staffing needs.
3. Any particular leave arrangement will be decided on a case by case basis and will not
be considered as a precedent or an entitlement for another leave request.
4. There will be no accrual of paid time off during an unpaid leave and all available
accrued paid time off must be exhausted prior to unpaid leave being granted.
5. There is no guarantee that the employee will be returned to the prior position or an
equivalent position in terms of salary, benefits and job responsibilities.

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Military Leave
If an employee is called or re-called for active duty, the Y will grant an official leave of
absence without pay. Re-employment rights correspond to applicable laws.

For employees who are in the State or the National Military Reserve and are required to
serve on annual active duty for training:
1. The employee may use their vacation leave;
2. Employees who take such leave other than as vacation will receive time off without
pay not to exceed seventeen (17) days per year;
3. Upon return to work, verification of attendance at training must be submitted to their
supervisor; and
4. Employees requesting additional time off or time with pay (other than vacation) must
have approval in advance from the Branch Executive Director and Human Resources.
4.3 Jury Duty
1. Employees who are called for jury duty must submit a copy of their summons to their
immediate supervisor. A copy must be forwarded to the Human Resources office to be
placed in the employee’s personnel file;
2. For each day a regular part-time or full-time employee is called to serve, s/he will
receive their regular pay for the first five days of jury service. The employee will be
paid the difference between the money received from the court and the money the
employee normally earns at the Y for the next fifteen (15) days. The employee will
retain any fee reimbursement due to expenses incurred for their duty;
3. Employees are eligible for up to twenty (20) working days of jury duty reimbursement
only once in any calendar year;
4. If an employee is not needed for a full day of jury duty, s/he should return to work;
and
5. Hours serving as a juror will not be considered “hours worked” for purposes of
retirement eligibility and PTO.

Witness or Court Appearance

1. If an employee is called as a witness in a case, or has a court appearance as a party to
a case, s/he must either use accumulated vacation time or take the time without pay.
2. If the court appearance is required in connection with Y business, the time used will be
considered work time.

4.4 Leave for Victims of Violence

In accordance with Maine State law, an employee who has been the victim of violence,
assault, sexual assault or stalking may be entitled to leave to:
 Prepare for and attend court proceedings;
 Receive medical treatment;
 Attend to medical treatment for a victim who is the employee’s daughter, son, parent
or parent of spouse; or
 Obtain services to remedy a crisis caused by domestic violence, sexual assault or
stalking.
The Y need not allow leave for this purpose if:
 The Y would sustain undue hardship from the employee’s absence;
 The request for leave has not been communicated to the Y within a reasonable time
under the circumstances; or
 The leave is impracticable, unreasonable or unnecessary based on facts known to the
Y.

The Y will require eligible employees to use all applicable accrued paid time such as vacation
or sick time in conjunction with leave under this policy. If an employee has exhausted all
applicable accrued paid time off, a leave of absence under this policy will be unpaid.

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4.5 Paid Time Off & Holiday leave time
The Y believes in providing staff members with adequate time away from work so they will
remain productive, enthusiastic, and creative while at work. Since Y facilities are open and
in operation throughout the year, including most holidays, the Y provides flexibility to staff
members through Paid Time Off (PTO). PTO gives staff members choices while still assuring
the highest quality service to Y program participants. With PTO, full-time staff members
accumulate hours per 26 pay periods to be used when they wish or need to be away from
work for reason such as:
 Vacation
 Personal or family illness
 Personal business
 School Activities
 Personal days

YMCA of Southern Maine PTO Policy

The YMCA of Southern Maine believes giving time off (PTO - or Paid Time Off) for staff is an
important benefit to support a healthy life, and as a result, offer generous amounts each
year.

Benefit eligible staff will be awarded their full year of PTO (see below for amounts based on
your employment status and years of service). Employees can take this time (with
supervisor's approval) at any time during the fiscal year (July 1 - June 30).

Whatever balance is left on June 30th, will be removed. On next day, July 1st a full year of
PTO will be awarded for the next fiscal year to take by the end of the year. The balance at
the end of the fiscal year will be removed.

When an employee leaves employment of the YMCA of Southern Maine during the year
(through resignation or involuntary termination), no payment of PTO time will be paid.
Employees may take PTO time until notice is given. Once notice is given PTO cannot be
used within 15 calendar days of the employment end date.

If you leave employment of the YMCA of Southern Maine during the year, you will not
receive any payout of PTO.

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 PT 30 Non-Exempt

Years of Service as of
July 1st Annual Bank/Days Annual Bank/Hours

0-5 20 160
6 to 9 25 200
10+ 30 240

Full Time Non -Exempt

Years of Service as of
July 1st Annual Bank/Days Annual Bank/Hours

0-5 28 224
6 to 9 33 264
10+ 37 298

Exempt

Years of Service as of
July 1st Annual Bank/Days Annual Bank/Hours

0-5 33 264
6 to 9 37 298
10+ 43 344

NOTE: As part of the transition to this new policy, your PTO balance as of June 30, 2017
will be placed in a separate bank. If you use more than your annual allotment during a
year, you can use this bank to take more time off. You will receive a payout of your
balance when you leave employment of the YMCA of Southern Maine.

Using PTO:
1. Exempt staff may take PTO in full-day increments. Non-exempt staff may take PTO
in one-hour increments and must request and report it on a Leave Request Form
signed by the supervisor.
2. Planned PTO for vacations should be requested, scheduled and approved by the
supervisor at least one month in advance. The request will be reviewed based on a

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 number of factors including program and facility needs, staffing requirements and
number of requests. In the event of scheduling conflicts, supervisors will grant time
off based on department needs and consideration of when PTO was requested. If the
supervisor is unable to approve the staff member’s request for leave, another time
will be scheduled by the staff member and the supervisor.
3. Planned PTO of more than eighty (80) hours, or two (2) consecutive weeks, must be
requested at least sixty (60) days in advance, and requires the written approval of
the supervisor and the Branch Executive.
4. Unplanned PTO for illness or other unpredictable situations should be reported
directly to the supervisor immediately as the situation allows. The staff member
must proactively communicate directly with the supervisor regarding each shift
absence unless the supervisor has specifically stated otherwise to the staff member.
If time exceeds three (3) days or more, a doctor’s note may be required by Human
Resources.

Holiday Leave Time - Revised February 2013

Holiday Time:

Scheduled Holidays: Floating Holidays:

New Year’s Day Martin Luther King Day
Memorial Day President’s Day
Independence Day Patriots Day
Labor Day Columbus Day
Thanksgiving Day Veterans Day
Christmas Day

Scheduled Holidays: The YMCA will be closed

1. Exempt and full time non-exempt employees will receive one (1) day and full time
employees will receive eight (8) hours of holiday time.
2. Benefit eligible, part time employees will receive the number of hours they are
regularly scheduled to work in holiday pay for scheduled holidays.
3. Benefit eligible, part time employees who are not regularly scheduled to work on a
scheduled holiday will receive five (5) hours of holiday time.
4. If a scheduled holiday falls on a Saturday it will be observed on the preceding Friday.
If a scheduled holiday falls on a Sunday it will be observed on the following Monday.
If a scheduled holiday falls during an eligible employee’s paid absence (such as a
vacation or illness), holiday pay will be provided instead of the paid time off benefit
that would otherwise have applied.

Floating Holidays: The YMCA will not be closed

1. Exempt and full time non-exempt employees will receive one (1) day, equivalent to
eight (8) hours of floating holiday time.
2. All benefit eligible, part time employees will receive 5 hours of pay when taking a
floating holiday.
3. Floating holiday time is a calendar year benefit and unused floating holiday time will
not be carried over to the next calendar year.

Other:
1. Paid Scheduled/Floating Holiday time off in observance of a holiday may be taken in
advance of the holiday;
2. Employees are not eligible for holiday pay when they are on disability leave or leave
of absence; and

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3. We close early at 6 p.m. on Thanksgiving Eve, New Year’s Eve and at Noon on
Christmas Eve. If you wish to be paid for your entire shift you may use floating
holiday or PTO. The school calendar is followed for Child Care and after school
programs.

Section 5: Inclusive Workplace

5.1 Equal Employment Opportunity
The policy of the YMCA of Southern Maine is to maintain and promote equal employment
opportunity.

The YMCA of Southern Maine selects candidates for employment, promotion, transfer and
reassignment on the basis of each candidate’s qualifications for each job, without regard to
race, color, religious affiliation, national origin, sex, age, physical, mental or emotional
disability, political opinion, marital status or sexual orientation, except where any of the
above criteria is a bona fide occupational qualification as it has been legally defined under
Federal and State law. Persons will be hired on the basis of previous experience,
educational requirements, personal references and oral interviews.

All employees and applicants who have grievances related to this plan may follow the
regular grievance procedures outlined in the Personnel Policies. The detailed procedures in
the Personnel Policies (refer to Section 3,4) include making a written statement to the
Human Resources Director or Chief Executive Officer and having a discussion of the
grievance with the Human Resources Director or Chief Executive Officer.

The YMCA of Southern Maine Board of Directors and the management team are committed
to sharing the responsibilities for the successful implementation of the Affirmative Action
policy. All applicants and employees receive a copy of this policy statement. Discussions
and suggestions for improvement are encouraged from all and changes will be incorporated
into the policy.

5.2 American with Disabilities Act (ADA)

The Y is committed to compliance with ADA and any other applicable federal, state or local
laws that prohibit disability determination. An employee entitled to the protections of the
ADA and/or Human Rights Act, may request a reasonable accommodation from the Y to
enable the employee to perform the essential functions of his or her job. Requests are to
be made to the employees immediate supervisor and Human Resources. Information and
materials may also be obtained by contacting the US Department of Justice at:
U.S. Department of Justice
Civil Rights Division
ADA Information Line
1-800-514-0301 (Voice)
1-800-514-0383 (TDD)

5.3 Harassment, Sexual Harassment and Retaliation Prevention Policy

The Y is committed to a work environment in which all individuals, applicants, and
employees, are treated with respect and dignity. Each individual has the right to work in a
professional atmosphere that promotes equal employment opportunities and prohibits
discriminatory practices, including harassment and sexual harassment. Therefore, the Y
expects that all relationships among persons in the workplace will be business-like and free
of bias, prejudice, harassment and sexual harassment. The Y maintains zero tolerance for
any violation of this policy.

Page | - 26 -
Definition of Harassment
Harassment is verbal or physical conduct that denigrates or shows hostility or aversion
toward an individual because of his/her race, color, national origin, religion, sex (with or
without sexual conduct), age, disability, sexual orientation or any other characteristic
protected by law and that: 1) has the purpose or effect of creating an intimidating, hostile
or offensive work environment; 2) has the purpose or effect of unreasonably interfering with
an individual’s work performance; or 3)otherwise adversely affects an individual’s
employment opportunities.

Some examples of harassing conduct include but are not limited to:
 Epithets, slurs or negative stereotyping
 Threatening, intimidating or hostile acts
 Denigrating jokes
 The display or circulation in the workplace of denigrating jokes or written or graphic
material (including through computer and voicemail use) that denigrates or shows
hostility or aversion toward an individual or group.
Description of Sexual Harassment
Sexual harassment is illegal and, as outlined in the EEOC Sexual Discrimination
Guidelines and the Maine Human Rights Act, includes: Unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature when 1) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual’s employment, 2)submission to or
rejection of such conduct by an individual is used as the basis for employment
decisions affecting such individual, or 3)such conduct has the purpose or effect of
substantially interfering with an individual’s work performance or creating an
intimidating, hostile or offensive working environment.
Some examples of sexual harassment are:
 Unwelcome or unwanted sexual advances. This includes patting, pinching, brushing
up against, hugging, kissing, fondling, or any other similar physical contact
considered unacceptable by another individual.
 Requests or demands of sexual favors. This includes subtle or blatant expectations,
pressures, or requests of any type of sexual favor accompanied by an implied or
stated promise of preferential treatment to unconstructive consequences concerning
one’s employment.
 Verbal abuse or joking that is sex-oriented and considered unacceptable by another
individual. This includes comments about an individual’s body or appearance where
such comments are considered unacceptable; in poor taste jokes that are considered
offensive by others; or other tasteless, sex-oriented comments, innuendoes, or
offensive actions.
 Any sexually oriented conduct that would unreasonably interfere with another’s work
performance. This includes extending unwanted sexual attention to someone, which
reduces personal productivity.
 Participation in fostering a work environment that is generally intimidating, hostile,
or offensive because of unwelcome or unwanted sexually oriented conversation,
suggestions, requests, demands, physical contacts or attention.

Consistent with the above guidelines, this policy prohibits any overt or subtle pressure
for sexual favors including implying or threatening that an applicant’s or employee’s
cooperation of a sexual nature (or lack thereof) will have any effect on the person’s
employment, job assignment, wages, promotion, or any other condition of employment,
or future job opportunities. This policy also prohibits any conduct, which would tend to
create an intimidating, hostile or offensive work environment.

Page | - 27 -
Procedure:
Any employee who believes he or she has been the subject of harassment or sexual
harassment by co-workers, supervisors, or non-employees working on Y property, or any
employee who has knowledge of that kind of behavior is urged to report such conduct
immediately to his or her supervisor or to one of the following individuals: HR Director,
Executive Director or CEO. In determining whether the conduct in question is harassment
or sexual harassment, the nature of the incidents and the context in which they allegedly
occurred will be investigated promptly by Human Resources. Confidentiality will be upheld
to the extent feasible. In the event it is determined that sexual harassment or harassment
has occurred, appropriate action will be taken, up to and including dismissal of the person
doing the harassing..

The Y prohibits retaliation against any individual who reports discrimination or any form of
harassment or participates in an investigation of such reports. Retaliation against any
individual who reports discrimination or any form of harassment or participates in an
investigation of such reports is a serious violation of this policy and, like harassment or
discrimination itself, will be subject to disciplinary action.
The Maine Human Rights Commission:
Employees should be aware that the Maine Human Rights Commission (MHRC) is the state
agency charged with the responsibility of enforcing Maine’s anti-discrimination laws. The
Commission investigates complaints of unlawful discrimination in employment, including
claims involving sexual harassment. The MHRC will attempt to resolve complaints of
discrimination to the mutual satisfaction of those involved. However, the Maine Human
Rights Act authorizes the Commission to pursue remedies to unlawful discrimination in court
when conciliation fails. The Maine Human Rights Commission can be contacted at the
following address and number:
Maine Human Rights Commission
State House Station 51
Augusta, ME 04333
(207) 624-6050

Section 6: Safe and Healthy Workplace

6.1 Hazardous Communications
A safe, healthy and environmentally sound workplace is accomplished through a variety of Y
activities; including safety education, training on the use of certain equipment, and job
instruction.
1. Chemical manufacturers and distributors are required to supply their customers with
detailed information on health and safety hazards associated with the products they
market. The Y has Material Safety Data Sheets (MSDS) available for employees to
review;
2. Training will be held periodically for employees based on their areas of work to explain
employee rights, chemical hazards, how and when chemical exposures might occur,
protective measures, work practices and emergency procedures;
3. A master handbook containing all MSDA information can be found in the Facilities
Office; and
4. Employees are encouraged to pursue MSDA information to insure their welfare and
safety on the job. Any employee may ask to review the handbook or request copies at
any time.

6.2 Prohibited Conduct

The Y maintains a zero tolerance for any type of workplace violence committed by or
against employees. The following list provides examples of conduct that is prohibited. This
list is not intended to be comprehensive. Any employee who engages in conduct that the Y,
Page | - 28 -
in its sole discretion, considers inappropriate or improper will be subject to immediate
disciplinary action, up to and including termination.
 Causing physical injury to another person.
 Making threatening remarks, including violent language.
 Aggressive or hostile behavior that creates a reasonable fear of injury to another
person or subjects another individual to emotional distress.
 Committing acts motivated by or related to harassment or domestic violence.
 Possession of a weapon while on Y property or while on Y business.
 Any other act or omission, which is detrimental to or interferes with the interests
of the YMCA of Southern Maine, its employees, members or the public.

Any violation of this policy must be reported to the employee’s supervisor and/or Human
Resources. The Y will promptly respond to any incident or suggestion of improper conduct,
violence, or abuse, without reprisal to the reporter. Employees terminated for misconduct
are not eligible for rehire.

6.3 Smoking
In compliance with Maine’s Workplace Smoking Act, the Y will provide a smoke-free
environment for all employees. The Y will post and enforce this written smoking policy.
1. While the Y would prefer that employees do not smoke, those employees wishing to
smoke may do so off Y property. No cigarette, pipe or cigarette remnants or ashes
are to be left on the grounds by employees;
2. At no point is may any Y employee smoke in presence of or in view of youth
participants;
3. Smoking is prohibited in any Y vehicle;
4. Employees should keep smoking breaks to a minimum and ensure they do not
interrupt the Y’s operations; and
5. Violations of this policy may result in appropriate disciplinary action up to and
including termination of employment.

6.4 Workplace Safety

The Y acknowledges that the provisions of a safe and healthy work environment for
employees is not just an ethical and legal responsibility but also a prerequisite for the Y to
protect the quality service that we provide. It is expected that it is the responsibility of all
personnel to create and maintain a safe work environment. The Y will ensure compliance
with the Occupational Safety and Health Act of 1984 by:
 Providing and maintaining safe workplaces.
 Providing personal protective equipment as needed.
 Continuously reviewing and improving our safety needs.
 Developing, promoting and implementing safety and health policies and procedures.
 Complying with training regulations.
Each employee is to:
 Take reasonable care of their safety and health, and that of others.
 Follow all safety and health policies and procedures.
 Report all known or observed hazards, incidents and injuries immediately or within
24 hours.
Each Supervisor and Department Director is accountable for implementing this policy in
their area of responsibility.

6.5 Workers Compensation and Return to Work

Employees of the Y are covered by Workers’ Compensation in the course of their
employment. All injuries, regardless of how slight, must be reported to the immediate
supervisor as soon as possible. An incident report must be completed and submitted to the

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Human Resources office within two (2) days of injury. Failure to report in a timely fashion
may jeopardize a valid claim.
1. A Work Related Incident Report form should be completed by the injured employee and
signed by the supervisor. The form must be completed in its entirety, including names
of witnesses. The completed form will be forwarded to the Human Resources office;
2. If the accident results in an injury that needs immediate medical attention, the
employee should report to a local hospital/doctor. Employees will be requested to
schedule a follow up with the Y’s designated health care provider within 10 days;
3. Employees who are not in need of immediate medical attention will call their immediate
supervisor and/or the Human Resources office. The employee must schedule an
appointment with the Y’s designated health care provider within 10 days of reporting
the injury;
4. If the work-related injury or illness results in incapacity, an employee is compensated
at a rate of two-thirds their average gross weekly wage. Workers’ Compensation will
not pay earnings lost in the first seven (7) days’ absence unless the absence exceeds
fourteen (14) days. The employee may use accrued sick or vacation leave during this
time;
5. Vacation and sick leave benefits are not accrued during a Workers Compensation leave.
Upon return to work, accruals are reinstated at the rate appropriate for the employee’s
regularly scheduled hours per week;
6. During the absence from work, employees will continue their dental and health
insurance for a period of six (6) months, as long as the employee makes the premium
contributions in a timely manner. Life, Short-term and Long-term Disability will
continue for a period of six (6) months;

Workers’ Compensation can run concurrently with FMLA leave;

When an employee returns to work he/she must submit to their supervisor, and/or Human
Resources office, a physician’s note that authorizes the return to work and any restrictions;
and
The Y’s designated health care provider will contact the Human Resources office with
information pertaining to an employee that will be out of work or on work restrictions. The
Human Resources office will notify the immediate supervisor. All attempts will be made to
provide work within the restrictions. However, if there is no light duty work available, it
may be necessary to find a temporary employee to fill the position.
Return to Work
Employees may return to work once they have medical clearance to do so. The Y is
committed to providing assistance to the employee with their return.
1. Human Resources will work with the medical provider and the employee with a goal of
ensuring that the transition black into the work place meets the needs of the employee
and the recommendations from the medical provider.

2. Whenever possible, the employee’s original job will be adjusted to accommodate any
recommendations from the medical care provider. In the event that the employee’s
original job does not allow for the recommended adjustment(s), the employee may be
transferred to an available position that can meet the accommodation(s). If a regular
position is not available, the Y, in it’s discretion may create a temporary position that
meet the recommendations of the medical care provider as well as benefit the work of
the agency.
3. All decisions are made on a case by case basis, with consideration for the employee’s,
the department’s and the Y’s needs and financial abilities. No decision will create
precedent for future decisions.
4. This philosophy is intended to assist employees in recovering from their work related
injury, while at the same time, allowing the injured employees to remain a productive
and integral part of the Y.
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Section 7: Staff and Career Development
7.1 Performance Reviews
The Y recognizes that the performance of the employees and the skills, knowledge and
experience they bring to their work are fundamental components to whether or not the
strategic goals are realized. To enhance the contribution made by employees in achieving
business goals and to build supportive and cooperative environment, the Y has a system of
performance review. This process is intended to promote continuous improvement in work
performance and facilitate the achievement of this by agreed upon action plans and
objectives. This process provides time to reflect on the past as well as plan for the future.
Reviews will be done annually.

7.2 Staff Development and Training

The Y recognizes that the quality of work is directly related to the training and experience of
its staff; that training is a process that must continue throughout a staff member’s life; and
that experience is secured through consultation as well as work relationships. For these
reasons, the Y urges its staff to participate in the appropriate professional societies, to
attend development conferences/training and to continue their development on a formal
basis whenever possible.

The written performance review determines where the individual is in relationship to their
overall performance and the training requirements needed to be accomplished for improved
performance and personal growth and development.
1. The employee, their supervisor and the applicable branch executive are responsible
for the development of a plan to meet their present and future accountabilities, and
a plan of action for personal growth and development;
2. When properly approved by the Branch Executive Director and budget for, the Y will
pay for the expenses for necessary training; and
3. The Y shall provide appropriate training opportunities for its part-time and seasonal
employees upon approval of the Branch Executive Director.

For reimbursement for expenses related to Conferences, Seminars and Program Training
refer to Section 2.2.

Article IV: Benefits

Employee Assistance Program
The YMCA of Southern Maine has an Employee Assistance Program (EAP) for regular
employees who may be experiencing personal stress in their lives. Please See Human
Resources for further information on the current EAP.
Legally-Mandated Benefits
The Y practices will be consistent with all federal and state laws.
Social Security and Medicare Tax (FICA)
All employees are required to participate in the Federal Insurance Contributions Act (FICA)
system known as Social Security. Employees and the Association share the contribution to
Social Security in such proportions as mandated by law.
Workers’ Compensation Insurance
All employees are covered against the hazards of occupational accidents and illnesses on
the job through compensation insurance as required by the State's Workers' Compensation
laws. The Y pays the full premium of this insurance. The Y’s short- or long-term disability
benefit does not apply in instances of on the job injuries.
Unemployment Insurance (FUTA)
All employees are covered by the Federal Unemployment Tax Act, which provides security
for those people who lose their employment through no fault of their own. The Y pays the
full premium of this insurance.
Page | - 31 -
Other Benefits
In keeping with the purpose and philosophy of the Y, benefits are provided to employees
and their families that give opportunity to strengthen and enrich family life while actively
improving their health and well being.

Programs – Revised September 2013

Y- Child Care/Camps/Programs/Events

The Y has many programs, including childcare and camp which the employee or employee’s
children may be eligible to participate in. Full-time employees and their immediate family
may register, if openings are available, and receive a 50% reduction on the fee. Part-time
employees and their immediate family may register, if openings are available, and receive a
25% reduction on the fee. (If membership is required than the family member has to be an
active member.)

Y Membership

Full-time employees and dependent members of their households receive a family

membership to the Y. Part-time employees receive an individual membership.
Temporary/Seasonal employees receive an individual membership during the time that they
are actively employed.

Association of YMCA Professionals (AYP)

The Y will pay for the total annual membership dues for eligible employees when approved
by the Branch Executive Director.
Flexible Benefits Plan
The Y provides a Flexible Benefits Plan under Section 125 of the Internal Revenue Service
(IRS) Code that allows employees to make contributions towards health and dental
insurance with tax-free dollars. The contributions reduce the gross wage/salary and are not
subject to FICA, federal, or, if any apply, state income taxes.
Retirement Fund
The Y participates in the YMCA Retirement Fund administered by the National YMCA. The
Retirement fund is a defined contribution pension plan that provides retirement, disability
and death benefits. Eligibility, benefits, definitions and requirements are determined by the
YMCA Retirement Fund in agreement with the Y and in compliance with the Employee
Retirement Income Security Act of 1974 (ERISA). All revisions, needed to comply with
pension-reform legislation, shall occur accordingly. A YMCA Retirement Fund Manual,
providing general information on the extent of benefit coverage, will be provided to
participating employees.

1. Participation in the YMCA Retirement Fund is a condition of employment for eligible

employees. All full-time employees between the ages of 21 and 60 will enroll with the
plan two (2) years from the date of employment. Participation shall be elective if the
employee is hired after the age of 60;
2. Employee participation is a condition of employment for all non-seasonal, part-time
employees 21 years or older who complete 1,000 hours within any two (2), twelve
(12)-month consecutive periods commencing with the date of their employment;

Insurance Eligibility and Benefit Summaries

The Y provides a comprehensive group insurance package. The Y’s group insurance plans
comply with the provisions of the Health Insurance Portability and Accountability Act

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(HIPAA). An employee’s eligibility for benefits depends upon the number of hours that an
employee works on a regular basis.
Employees who are considered full time or part time 30 statuses are eligible for participation
in the group insurance plans. The Y in its sole discretion will decide on an annual basis
whether or not and in what amounts it will contribute to the benefit premiums.

Benefits Available:
The Y provides eligible employees the ability to enroll in the following benefits: Life, health,
dental, vision, Short-term and Long-term disability insurances, Flexible Spending Accounts
with medical and dependent care options, a Health Reimbursement Account and an
additional retirement savings plan.

For complete information regarding these plans, employees should consult the summary
plan descriptions (SPD) and official plan documents for the respective plan. Copies of the
SPD’s and official plan documents may be obtained from the Human Resources Department.

In the event of any conflict or discrepancy between the language in the personnel policies
and the language in the SPD, the language of the SPD will control. In the event of any
conflict or discrepancy between the SPD and the plan documents, the language of the plan
document will control. The Y reserves the right, with or without notice, to amend, modify,
or terminate any of its welfare plans or pension plans at any time.

Article V: Bloodborne Pathogen Exposure Control Plan (OSHA

1910.1030)

PURPOSE
The purpose of this Exposure Control Plan is to provide and maintain a safe working
environment for all employees by eliminating and/or minimizing occupational exposure to
BLOODBORNE pathogens, including, but not limited to, Hepatitis B Virus (HBV) and Human
Immunodeficiency Virus (HIV). It is the responsibility of the YMCA of Southern Maine, (the
Y) to provide and maintain appropriate engineering controls and personal protective
equipment, and to develop and promote safe work practices. It is also expected that
employees will practice and follow the guidelines set forth by this plan.

SCOPE
This plan covers all employees who could be “reasonably anticipated,” as a result of the
performance of their job duties, to come into contact with blood or other potentially
infectious materials.

RESPONSIBILITY
Supervisor Responsibility:
• Assure that incidents where exposures are assumed to be present are controlled through
the adherence to Y procedures.
• Follow all Y safe practices and procedures.
Employee Responsibility:
•Involve self with situations where there is a possibility of exposure to potentially infectious
material only if properly trained and designated to respond.
• Follow all company safe practices and procedures.

COMPLIANCE ENFORCEMENT POLICY

The Y has the highest regard for the safety of its employees and for the general public. Our
goal is to ensure a safe and healthy work environment for all employees.

The willful non-adherence to company safe practices and procedures for handling and
working near potentially infectious materials by any employee will be immediate cause for

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disciplinary action, up to and including termination of employment. Non-compliance with
this safety policy will be reviewed immediately by management to determine
disciplinary action.

DEFINITIONS
1. Blood: Human blood, human blood components, and products made from human blood.
2. Bloodborne Pathogens: Pathogenic microorganisms that are present in human blood
and can cause disease in humans. Those pathogens include, but are not limited to: Hepatitis
B Virus (HBV) and Human Immunodeficiency Virus (HIV).
3. Contaminated: The presence or the reasonably anticipated presence of blood or other
exponentially infectious materials on an item or surface.
4. Contaminated Sharps: Any contaminated object that can penetrate the skin, including,
but not limited to: needles, scalpels, broken glass, broken capillary tubes, and exposed ends
of dental wires.
5. Decontamination: The use of physical or chemical means to remove, deactivate, or
destroy bloodborne pathogens on a surface or item to the point that they are no longer
capable of transmitting infectious particles and the surface or item is rendered safe for
handling, use, or disposal.
6. Engineering Controls: Controls that isolate or remove the bloodborne pathogens
hazard from the workplace.
7. Exposure Incident: A specific eye, mouth, other mucous membrane, non-intact skin, or
parenteral contact with blood or other potentially infectious materials that result from the
performance of an employee’s duties.
8. Handwashing Facilities: Facility providing an adequate supply of running potable
water, soap, and single-use towels or a hot-air drying machine.
9. HBV: Hepatitis B virus.
10. HIV: Human Immunodeficiency virus.
11. Licensed Healthcare Professional: Person who’s legally permitted scope of practice
allows him or her to perform the activities required for Hepatitis B vaccination and post-
exposure evaluation and follow-up.
12. Occupational Exposures: Reasonably anticipated skin, eye, mucous membrane, or
parenteral contact with blood or other potentially infectious materials that may result from
the performance of an employee’s duties.
13. Other Potentially Infectious Materials (OPIM): See page 4 for definition.
14. Parenteral: Piercing mucous membranes or the skin barrier through such events as
needle sticks, human bites, cuts, and abrasions.
15. Personal Protective Equipment: Specialized equipment worn by an employee for
protection against a hazard. General work clothes (e.g., uniforms, pants, shirts or blouses)
not intended to function as protection against a hazard are not considered to be personal
protective equipment (PPE).
16. Source Individual: Any individual, living or dead, whose blood or other potentially
infectious materials may be a source of occupational exposure to the employee.
17. Sterilize: The use of a physical or chemical procedure to destroy all microbial life,
including highly resistant bacterial endospores.
18. Work Practice Controls: Controls that reduce the likelihood of exposure by altering
the manner in which a task is performed.

BACKGROUND
The Center for Disease Control (CDC) has recognized the following as linked to the potential
transmission of HBV, HIV, and other bloodborne pathogens in the occupational setting:
 Blood / blood product or components w Saliva
 Semen w Cerebrospinal fluid
 Vaginal secretions w Pleural fluid
 Amniotic fluid w Pericardial fluid
 Synovial fluid
 Any body fluid visibly contaminated with blood

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  And all body fluids in situations where it may seem difficult or impossible to
differentiate between body fluids.
These substance shall be collectively referred to as blood and “other potentially
infectious materials” (OPIM) for the remainder of this document.

EXPOSURE DETERMINATION
In order to protect employees, those at risk must first be identified. The following lists job
classifications that are at risk for exposure to potentially infectious material(s).
 Employees trained and designated as first aid providers.
 Management and supervisors who are trained in first aid and who will respond to
incidents.
 Office staff that are designated first aid providers and oversee first aid supplies and
transports to medical provider.
 Maintenance and/or housekeeping staff who will be called upon to clean up a spill of
blood or OPIM.

CONTROL METHODS
Universal Precautions (UP) is the approach to infection control. It is the practice of assuming
all blood and OPIM are potentially infectious regardless of the source.

UP shall apply to human blood, blood products, and OPIM as well as any body fluids,
tissues, or inanimate objects contaminated or potentially contaminated with same.

UP requires placing effective barriers between the employee and the blood or OPIM in order
to interrupt the transmission of bloodborne pathogens through parenteral contact, or
contact with the skin, eyes, or mucous membranes.

Universal Precautions
Handwashing
• Handwashing continues to be an important means of interrupting disease transmission
to employees.
• Wash hands after removing gloves or other personal protective equipment.
• Wash hands after contact with blood or other potentially infectious material.
• In the event handwashing facilities are not immediately available, a substitute antiseptic
hand cleaner or towelette will be used. Hands shall be washed with running water and
soap as soon as possible.
Waste
• The Supervisor shall properly package waste, to prevent spill or leakage, and label it
for disposal. Waste will be placed in plastic trash bags if biohazard bags are not
available. Biohazard waste will be labeled and disposed of in the waste dumpster
unless you can have it removed by the local emergency response service (if they
responded to the incident). Do not discard in a trash can where employees will have
to handle the waste again; dispose of it directly into the dumpster.
Blood or Body Fluid Spills
• In the event of a blood or body fluid spill, all visible organic matter must first be
removed and then the area decontaminated. To assist with cleanup there is a spill kit
located in each department office or break room. Follow instructions on spill kit.
• Broken glass and other sharps shall be picked up using a dust pan and brush, not by
hand.

• Decontamination shall be done by thoroughly cleaning the area of spill with an

approved disinfectant or bleach.
• Special caution shall be taken when disinfecting sharp edges such as cutting knives or
saw teeth.

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Resuscitation Equipment
• Protective resuscitation devices (pocket masks) are strategically located to provide
personnel with immediate access for emergency situations. These devices shall be
used in place of emergency mouth-to-mouth resuscitation. Once used, these items
shall be properly bagged for disposal.

Hepatitis B Vaccine Program - Revised 3/13

• Employees who have jobs in the following departments: Facilities, Aquatics, Child Care
and Camp will have the Hepatitis B vaccination series made available at no cost, as these
employees may have occupational exposure to blood or other potentially infectious
materials unless:
- The employee has previously received the series;
- antibody testing reveals that the employee is immune;
- medical reasons prevent taking the vaccination; or
- the employee chooses not to participate.
We urge employees to receive the Hepatitis B vaccination series within 10 days of
orientation. Any employee who declines the vaccine must complete the declination form,
however may request the vaccination at a later date free of charge.

Exposure Incident
• All exposure incidents and blood or body fluid contact must be reported to a
supervisor immediately after occurrence and be followed up by a licensed healthcare
provider.
Education
• All new employees shall receive training in Universal Precautions, pertinent to the
scope of their responsibilities and work activities.
• All employees shall receive a review of Universal Precautions at least annually.

Work Practice Controls & Engineering

PERSONAL PROTECTIVE EQUIPMENT
1. PPE will be provided by this company and when used correctly by employees, will
eliminate or minimize direct exposure to potentially infectious or contaminated material by
providing an appropriate barrier.
2. PPE available in general includes:
Disposable latex gloves and rubber industrial gloves
Pocket masks
Plastic aprons
Face shields
Shoe covers
3. Single-use disposable gloves shall be worn when it is reasonably anticipated that hand
contact with blood or OPIM will occur. Gloves will be supplied in all company first aid kits.
 Clean, single-use (disposable) latex gloves are available in various sizes. These are
located in each first aid box.
 Gloves shall be worn when there is anticipated or potential contact with blood or
body fluids.
 Gloves shall be worn when the employee has non-intact skin (cuts, abrasions,
dermatitis, etc.).
 Gloves shall be worn by the persons responsible for the transportation and handling
of soiled linen and red bag waste.
 Gloves shall be worn when cleaning any surface or areas soiled with OPIM.
 Gloves shall be worn when handling surfaces soiled with blood or body fluids.
 Gloves shall be changed when visibly soiled or damaged.

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Pocket Masks
 These masks are for use when providing cardiopulmonary resuscitation (CPR).
 The masks provide a barrier between the user and the victim, protecting against
saliva and expired air.
 The masks will be clean, single-use (disposable) types, with one-way valves.

Spill Clean-up and Disposal of Biohazard Waste

Bloodborne Spill Kit Contents:
· rags, paper towels
· bleach or germicide
· mop
· broom
· dust pan
· trash bags or biohazard bags
· full face shield
· latex gloves
· spray bottle

Procedure:
A. Procedures for wiping up small spills of blood or bodily fluids:
1. The employee shall wear well-fitting disposable gloves.
2. The employee shall wipe the spill as soon as possible with a disposable rag.
3. The rag shall be disposed of in a plastic bag and placed in the designated, labeled
biohazardous trashcan.
4. The spill shall be bagged in the room in which the spill occurs.
5. The surface shall be washed with germicidal solution. Bleach or solutions
containing bleach may not be poured directly onto the spill, as chlorine gas may
be released.
6. The employee shall remove the gloves and dispose of them in the biohazard bag.
7. The employee shall wash his/her hands for no less than 20 seconds.
8. When disposing of biohazardous waste, the employee must follow OSHA
standards in conjunction with the Department of Environmental Protection. If a
home has less than 50lbs of biohazardous waste per month, DEA regulations
state that it can be disposed of as solid waste. It may be placed on the curbside
to be collected with other solid waste. The employee must continue to treat it as
infectious waste in the home, using all precautions. The employee will take the
labeled biohazardous trash can to the curbside and, with gloves, remove all
unlabeled bags and place the gloves in a bag, tie the bag and leave on the
curbside for city disposal. The employee must not touch the contents of the
garbage bag once it is left on the curbside.
9. Wash hands again for 20 seconds.

POST-EXPOSURE EVALUATION AND FOLLOW-UP

Reporting
An exposure incident is defined as a specific eye, mouth, other mucous membrane, non-
intact skin or parenteral contact with blood or OPIM that results from the performance of
an employee’s duties. In the event of an exposure, employees will have the opportunity,
AT NO COST TO THE EMPLOYEE, to receive a confidential medical evaluation with
the company medical provider.

Treatment
An incident report will be sent to the company medical provider with a copy of this
Bloodborne Pathogen Standard, a written summary of the exposure incident including the
route of exposure and circumstances, and all medical records relevant to the appropriate
treatment of the employee, including vaccination status.

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Recordkeeping
The Y will, within 15 days, obtain a copy of the healthcare professional’s written report and
provide the employee with a copy. This opinion will be limited to whether hepatitis B vaccine
was indicated and whether it was given, if the employee was made aware of the results of
the evaluation, and any medical conditions resulting from exposure to blood or OPIM which
may require further treatment. All other findings or diagnoses will remain confidential.
Medical Treatment
The exposed employee will be offered serologic HIV/HBV testing in the manner
recommended by the CDC as soon as possible after the incident and the opportunity for
retesting as recommended by the CDC. Testing will be performed at an accredited
laboratory at no cost to the employee. If the employee initially declines serologic testing,
he / she may elect to have the baseline studies drawn and saved for up to 90 days. At any
point during this time period, he / she may elect to have the tests performed on the saved
blood.

Employees will have the opportunity to receive post-exposure prophylaxis (i.e., gamma
globulin, Hep B immune globulin, AZT) when medically indicated, at no cost to the
employee.

Follow-up of the exposed worker will include counseling, medical evaluation of any febrile
illness that occurs up to 12 weeks post-exposure, and the use of safe and effective post-
exposure measures according to standard medical practice.

EMPLOYEE HEALTH RECORDKEEPING

Each exposure will be documented in accordance with 29 CFR, Access to Employee Exposure
and Medical Records. Records shall be maintained for at least the duration of employment
plus thirty years.
Each exposure record shall include:
1. The name and Social Security number of the employee.
2. A copy of the employee’s HBV vaccination status including dates and any records
relative to the employee’s ability to receive the vaccination.
3. A copy of all tests, exams, and follow-up procedures.
4. The employer’s copy of the healthcare professional’s written opinion.
5. A copy of the information provided to the healthcare professional.
6. These records shall not be disclosed to anyone without the employee’s express written
consent, except as required by OSHA regulations, or state law.
7. Exposures shall be recorded on the OSHA 200 form if medical treatment is required,
or if duties are restricted to time lost in accordance with OSHA guidelines.
8. HBV and HIV infections shall be recorded on the OSHA 200 log if the illness can be
traced back to an occupational injury or accident.

TRAINING AND EDUCATION

All employees performing tasks which have been determined to have a potential for
exposure are required to participate in a training and education program prior to initiating
the task(s). This training will be updated annually.
Training will be provided at no cost to the employee and during reasonable normal working
hours.

Article VI: Prevention of Child Abuse

The YMCA of Southern Maine takes the prevention of child abuse very seriously. The Y
understands that child abuse and inappropriate contact of children is a pervasive problem
throughout the United States that must be managed in a pro-active manner if we are to
protect those in our care.

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1. Hiring and Recruiting
Y has established and will sustain proper hiring and volunteer selection practices,
including completed applications, reference checks, Criminal Background checks,
and documented personnel files. refer to policy 3.7

2. Child abuse prevention training

All staff members (including rehired staff, CEO, program volunteers) will complete Y-
USA online training (or other online-training utilized by the association) within 30
days of hire.

All staff members (at minimum, all staff members working directly with youth) will
participate in a comprehensive, in-house child abuse prevention training that includes
information on Sexual abusers, Prevention, Recognition, Responding, Documenting,
and Reporting within 30 days of hire. Camp staff must go through training prior to
the start of camp. All staff members (or at minimum, all staff members working
directly with children) will undergo a review of the training on an annual basis.

Any staff member who does not complete the training as required will be suspended
and/or terminated.
3. Staff Expectations
 Supervision in structured Y programs –
The Y will make every attempt to design and structure its programs to eliminate the
potential for a staff member to be in a one-on-one situation. The Y is aware of the
risk of abuse, and will evaluate and manage individual programs accordingly.

In order to protect Y staff, volunteers, and program participants, at no time during a

Y program should a staff person be alone with a single child where they cannot be
observed by others.

All children who are participating within licensed programs will be supervised by Y
staff during the period/activity time. This includes bathrooms, locker rooms and
changing areas.

The Y will communicate the supervision standards in place with parents/guardians.

 Physical contact with children –
Appropriate physical contact is important in the emotional development of all children
and children at different developmental levels will need differing degrees of physical
contact.
Y staff members should not perform frontal hugs of children – hugs should be from
the side. The staff member should get down to the child’s physical level when
possible. Y staff should not touch children in any body location that would be covered
by a bathing suit.

Staff should not place themselves in a situation where someone may misjudge their
actions.
 Babysitting and outside contact
Staff and volunteers will refrain from any interactions with children under eighteen
years of age that are participants in programs of the Y outside of the program
activities. The only exception to this policy is if there is a pre-existing relationship
between staff and the family. Both parties will be required to sign a form
acknowledging the family’s pre-existing relationship with the staff member and

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 relieving the Y of any responsibility for the actions of the staff member with regard to
that relationship.

Y staff shall not provide care (babysit) or instruction or develop/maintain

relationships with any children or families they meet through Y programs. This
includes but is not limited to:
 extra practices, coaching, or tutoring
 transportation in a non-Y vehicle
 private special events such as movies, sporting events, or any other similar
excursions
 visits to any residence

 Additional expectations with children –

Minimally, staff should be 16 years of age to supervise a group of children.

Profanity, inappropriate jokes, sarcasm, gossiping or sharing intimate details of one’s

personal life, any type of harassment in the presence of children/staff/volunteers is
strictly prohibited. Tickling, horseplay or roughhousing are not allowed

When assisting a young child with bathroom duties, staff members will not close
doors to the bathroom or stall so they can be observed.

4. Program Operations
Ratio Expectations – At minimum, the Y will , follow state guidelines for licensed
programs.
Program audits – Announced and unannounced audits will be conducted of all
programs. These audits will directly review abuse prevention practices. The audits will
be performed by branch and association leadership with all programs reviewed by
association leadership at least twice yearly.
Regular computer audits –When possible, regular software scans and webpage
restrictions for illicit materials will be installed and run.
Social Networking – Staff & volunteers will not exchange personal email addresses
or phone numbers with youth participants nor will Staff take photos, videos, audios or
engage in communication with children via cell phones, handheld device, computer,
etc. Staff may not engage in any internet activity that would reflect unfavorably on
the Y or be deemed inappropriate by the association.
Transportation – Staff will spread themselves out in the vehicle and maintain their
focus on the children while transportation is occurring. A monitor (in addition to the
driver) will be on the bus/vans whenever possible. When possible, children will be
seated according to age, gender, and behavior and monitored constantly. Staff may
not transport Y participants in their own vehicles.
 Field Trips– The risks to children change when they are off-site. In order to
protect them from predators that may be at fieldtrip locations additional standards
will be enacted.
Parental Visits – The Y communicates with families about policies/procedures as
well as its commitment to the safety of their children. Families and
parents/guardians are encouraged to visit unannounced and observe any program in
which their child participates. They are encouraged to express concerns to staff
members in charge or a Program Director.

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 Pick-up & drop-off procedures – Children will be monitored upon entering a
program until they leave the premises of the program and an authorized individual
must sign the child in and out of a Y program, providing ID.
Security – Facilities that the Y owns or uses (schools or parks) are designed and
maintained for optimum prevention of abuse. Sweeps of the facility are performed
frequently.
Staff Attire –Any child or adult should be able to distinguish staff from other adults.
Member expectations around children – Members who talk in a sexual manner,
perform sexual gestures, sexual acts, or attempt inappropriate contact with a child
will have their membership suspended or terminated depending on the degree of the
offense. The police may be contacted, if warranted.

No use of cameras or cell phones is allowed by members in the locker room areas.

5. Parental & Child Education

At the start of every program the Y will provide parents/Guardians with information
such as the babysitting policy, outside contact policy, and information on child abuse.
Staff will provide parents/guardians with important questions to ask children on a
regular basis in order to detect abuse concerns. Contact information for at least two
appointed staff members will be shared in case a parent/guardian has questions,
concerns, or observes a violation.

Children participating in camp, after school, teen programs, and other programs will
be informed of the policies staff have agreed to follow regarding physical contact, gift
giving and outside contact.

6. Responding to an allegation
Reporting suspicious behavior to a supervisor – All staff members must receive
specific training concerning the requirement to report violations of Y policies
immediately to their supervisor. Y staff are expected to observe other staff members’
behaviors, including that of supervisors, and to report any suspicions to that a
supervisor.

Mandated reporter – All Y staff fall under the guidelines of Mandated Reporting and
are mandated by law to report all incidents of suspected abuse or neglect of children
under the age of 18. Any evidence of potential child abuse or observation of
inappropriate contact by a parent, staff member or other child will be reported to the
Department of Health and Human Services.
Suspension of staff or youthful offender – Any Y staff member who is alleged to
have abused a child will be suspended pending the outcome of the investigation. If
the allegation is against a program participant, s/he will be suspended pending the
outcome of the investigation. Depending on the severity of the incident the
participant maybe terminated from the program.
Incident investigation – The Y will perform an investigation following any allegation
of child abuse or inappropriate behavior by a staff member, participant or member.
Parent Notification – In the event that the accusation or suspicion of child abuse
involves the parent, a decision will be made jointly by the CEO, Branch Executive
Director and Program Director, as to if, how, when and by whom the family will be
notified of the report. In the event the reported incident or suspicion involves an
employed staff person or volunteer, the parents or legal guardian of the child(ren)
involved in the alleged incident will be promptly notified in accordance with the
directions of the relevant state or local agency.

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 Insurance company contact – Immediately after an allegation of abuse the Y will
notify its insurance company.

Record retention – Following an allegation against a staff member, their personnel

file will be sealed and locked in a secure location. The file will have no items removed
or added. It will only be moved from the locked location at the direction of the CEO.
Working with the media –When the media plan is enacted, only the individuals
identified in by the CEO, or designee should speak with members of the media. The Y
will develop a media statement.
YMCA of the USA – The YMCA CEO will contact their YMCA of USA Resource Director
to apprise them of the situation and next steps in the investigation.
Counseling – After an event, the Y may engage a firm of their choice to provide
counseling services to staff and affected children

Article VII: Whistle Blower’s Policy

In keeping with the policy of maintaining the highest standards of conduct and ethics, the
YMCA of Southern Maine (“Y”) will investigate any suspected fraudulent or dishonest use or
misuse of the Y’s resources or property by staff, board members, consultants, or volunteers.

Staff, board members, consultants, and volunteers are encouraged to report

 Instances of Corporate Fraud;
 Gross mismanagement or abuse of power
 A violation of State or Federal law; or
 Substantial and specific danger to the employee’s or the public’s health and safety.

Reports should be submitted to your immediate supervisor. However, if you are not
comfortable speaking with your supervisor or you are not satisfied with your supervisor’s
response, you are encouraged to speak with someone in the human resources department
or directly to the chief executive or compliance officer. Any person who in good faith
reports such incidents as described above or who participates in an investigation around any
reports will be protected from threats of retaliation, discharge, or other types of
discrimination including, but not limited to, matters of compensation or terms and
conditions of employment that are directly related to the disclosure of such reports. In
addition, no person may be adversely affected because the person refused to carry out a
directive which, in fact, constitutes corporate fraud or is a violation of state of federal law.

Persons reporting are encouraged to provide as much specific information as possible

including names, dates, places, and events that took place, the person’s perception of why
the incident(s) may be a violation, and what action the person recommends be taken.
Anonymous written or telephonic communications will be accepted. Persons who choose to
identify themselves will receive a reply to their report within 20 working days or as soon as
practicable thereafter.

REPORTING PROCEDURE
Compliance with the Y’s Whistleblower’s policy is the responsibility and obligation of every
staff, board member, consultant, or volunteer. Early identification and resolution of any
violation of the Policy is critical to compliance with the Policy and to maintaining the Y’s
commitments to staff members, volunteers, affiliated organizations, and donors. All Staff,
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board members, consultants, and volunteers are expected to treat compliance with the
principles and procedures embodied in the Policy as a critical element of their
responsibilities.

The Chairperson of the Human Resources Committee has been designated as the
compliance officer responsible for overseeing compliance with this requirement.

A. Reporting Violations
All violations or suspected violations of the Policy are to be reported to your supervisor,
human resources, the CEO or to the compliance officer. Staff, board members, consultants,
and volunteers are encouraged to provide as much specific information as possible including
names, dates, places, and events that took place and the individual’s perception of why the
incident(s) may be a violation of the Policy. Reports can be made by:

 Directly submitting a report to your supervisor, human resources department, the

Compliance Officer or directly to the chief executive.

While the Policy sets forth a wide range of prohibited conduct, it cannot address every issue
that may arise. If a staff, board member, consultant, or volunteer is unsure of what to do in
a particular situation, he or she should seek additional guidance and information before
taking any action. If something seems unethical or improper, or if there are questions
regarding the best course of action, the staff, board member, consultant, or volunteer
should promptly contact any of the following:

 Immediate Supervisor
 Human Resources
 Human Resources Committee Chair
 Chief Executive Officer

The Y encourages all reporters to be confident in making a valid report but recognizes that
fear of retaliation may impede people reporting. Anonymous reports made to any of the
listed positions and will be fully investigated.

B. Investigation of Reports
All reported violations will be promptly and thoroughly investigated and acted on
appropriately. If a complaint alleging an ethical violation requires additional action, the Y
will respond promptly. Staff, board members, consultants, and volunteers must cooperate
with any investigation and provide accurate and truthful information. Staff, board members,
consultants, and volunteers must not disclose or discuss the fact that an investigation is
being conducted or has been conducted and must not disclose the results of any
investigation to anyone except to the extent allowed by the compliance officer. If possible,
the person making the initial report will be informed about the status of the investigation
and the outcome of the matter. However, the Y has an obligation of confidentiality to all
staff, board members, consultants, and volunteers, including those being investigated.

C. Retaliation Prohibited
Retaliation of any kind against any individual who reports a violation or possible violation in
good faith is prohibited, as is retaliation of any kind against any individual who cooperates
in good faith in any investigation of a violation or possible violation of the Policy, whether
conducted internally or by legal authorities. Retaliation of any kind against a Staff, board
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members, consultants, and volunteers who refuses to carry out a directive which, in fact,
constitutes a violation of the Policy is also prohibited. Any individual engaging in retaliatory
conduct will be subject to disciplinary action. If requested and to the extent possible, every
effort will be made to maintain the confidentiality of any report made.

D. Disciplinary Action
Any staff member violating the Policy will be subject to disciplinary action, up to and
including reprimand, suspension, and termination, and could be subject to civil or criminal
legal proceedings. Volunteers and board members will be subject to disciplinary action, up
to and including reprimand, suspension and termination of volunteer opportunity and could
be subject to civil or criminal legal proceedings. Consultants will be subject to termination
of activity with the Y and could be subject to civil or criminal legal proceedings.

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