USA Operations Centers Benefits at Termination May 2017

State/Area Exceptions

As this policy is reviewed, please note the following states/areas for which exceptions exist

California, Minnesota

Specific details on each exception may be found within the General Information section of this text.

Overview

This policy outlines benefit information for employees who are terminating from the company for any reason, except where noted. The Joyner Benefits Center or HR Employee Care is responsible for explaining appropriate benefits information to the employee.

NOTE: If the employee is terminating due to retirement, see the Benefits at Retirement policy.

See Exiting Employee Process to determine whether Exit Interview should be conducted.

Also, see Discharge, Resignation, or Release for more information.

General Information

The information that follows summarizes procedures required for disposition of the following benefit types - Termination Pay, Credit Union, Group Benefits, Paid Time Off (PTO), Retirement Plan, Joyner 401(k) Savings Plan, as well as miscellaneous benefits.

Termination Pay For Discharge:

*For immigration-related terminations for Job Requirements Not Met, i.e. individual is unable to produce acceptable documents to satisfy I-9 requirements within 3 business days from their start date, termination pay is not given.

For Release: Termination Pay is not given for terminations due to Release, including:

Employment Agreement Expired

Failure to Return from leave

Illness Benefits Expired - Eligible

For Resignation: Termination Pay is given only if the Department Head shortens the effective date of resignation given by the employee. We then pay through the date given by the employee or two weeks' pay whichever is less.

Example: Employee notifies management on 8/3/18 of planned resignation. Employee gives effective date of resignation as 8/17/18. Management accepts resignation effective immediately. The employee's last day of work (termination date) is 8/3/18, the effective date is 8/4/18, and the pay through date is 8/17/18.

For Transition: Excess employees who do not meet minimum tenure eligibility for severance benefits and terminate on the Qualifying Termination Date (QTD) will receive termination pay.

Group Benefits The Joyner Benefits Center can verify benefits in which the employee is/was enrolled at the time of termination.

Use the table below to explain the disposition of benefits to the employee.

Group Benefits Contact Information

Contact the Joyner Benefits Center for questions about COBRA Continuation of Coverage.

For Group Life, and LTD conversion forms, contact the Joyner Benefits Center.

For HMO conversion, contact the HMO directly.

For questions regarding LTC, the employee may contact the carrier directly.

Paid Time Off (PTO)

Pay is given for unused hours of PTO* if employee is terminated for any reason except Failure to Return from Military Leave. (The employee would have received pay at the time the Military Leave began. Refer to PTO policy for details.)

*State exceptions may apply. Refer to the “State Exception” section of this document.

Incentive Plans Incentive Plan participation is ceased at the day of termination.

Other Benefits

*If a Company Holiday falls on an employee’s termination effective date, the employee is not eligible to receive holiday pay for the Company Holiday.

State Exceptions

California

Final Pay Processing California Law requires all wages be paid immediately upon the last date of employment. Final wages include any unused PTO. If an employee resigns with more than 72 hours notice, all wages and unused and accrued PTO are due on the last day of work. If an employee resigns without providing 72-hours notice, final wages are due not later than 72 hours after notice is given. An employee who gives less than 72 hours notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of resignation.

If final pay is not received on the last date of employment, a penalty payment in the form of continued wages needs to be paid for each day of late payment.

Notice to Employee as to Change in Relationship California labor code requires a change in employment status be properly documented. California management needs to complete the Notice to Employee as to Change in Relationship form to document the change in status leaves of absence.

California Only: Supervisor completes the Notice to Employee as to Change in Relationship and provides the For Your Benefit: California’s Programs for the Unemployed (DE232) notice to the employee.

The form should be completed by an employee’s supervisor when:

an employee requests a leave of absence or family leave

an employee is placed on an unpaid administrative leave

an employee is out on military leave

HR Employee Care (HREC) will complete the Notice to Employee as to Change in Relationship form to document the change in status for voluntary terminations, involuntary terminations, layoffs, change in status from employee to independent contractor agent, and retirement.

The form will be completed by the HRSS when:

the employee voluntarily or involuntarily terminates from Joyner (including interns becoming independent contractor agents)

an employee retires

an employee is laid off

Contact HR Employee Care (HREC) to ensure requirements are met.

Minnesota State Exception - Group Life Continuation for Employees Residing in Minnesota If an employee voluntarily or involuntarily terminates or is laid off, he or she may elect to continue coverage provided under the Group Life policy for the employee and his or her dependent(s).

Termination does not include discharge for gross misconduct.

An employee is considered laid off from employment if his or her hours are reduced to the point where his or her Group Life Coverage would terminate. The employee has 60 days to elect to have his or her coverage continued. Coverage continues during this time period. The 60-day period begins on the latter of:

The date the employee receives written notice of the right to continue coverage

OR

The date the employee's coverage would otherwise terminate (e.g., reaching the maximum age limit of the policy)

Employee Actions

Not Applicable

Managerial Actions

California Change in relationship Cover Letter along with the completed "Notice to Employee as to Change in Relationship and provides the For Your Benefit: California’s Programs for the Unemployed (DE232) notice to the employee.

Refer to California State Exception information section.

HR Employee Care Role

General Information for all Terminations See Exiting Employee Process to determine whether Exit Interview should be conducted HR Employee Care Services and responsibilities for Voluntary and Transition-related exits versus Involuntary exits(excluding Transition-related).

Also, see Discharge, Resignation, or Release for more information.

HR Employee Care will be notified of any termination (including Seasonal, Co-op, or Intern separations) via the Termination Transaction email.

HR Employee Care will review and follow the appropriate termination procedures for the employee.

Review all Termination emails for accuracy (especially management's recommendation for rehire consideration).

Review all completed Exit Questionnaires and/or Exit Checklists and take appropriate follow-up action, if needed.

Resource Tools

The Joyner Benefits Center is available to assist you with your benefits questions.

Hours of Operation: 8am - 5pm EST. M-F

Application for Conversion of Group Life Insurance (Contact the Joyner Benefits Center)