1.7 – Policies and Procedures

We have prepared this Policy and Procedure Guide to describe your employment relationship with Edge Fitness, LLC and to help answer questions you may have about The Edge Fitness Clubs and its policies and practices.

As you will see, we have a vibrant organization in which change is not uncommon or unwelcome. We are constantly on the lookout for ways to improve our ability to deliver our services to our clients, and we do not hesitate to make changes which we deem necessary or appropriate to maintain the viability of our organization.

Thus, while we have attempted to make this Guide as comprehensive as possible, its contents may not be complete or current and may not contain information about every aspect of your employment here. Our policies, practices and procedures, as well as our benefits, are subject to change.

Accordingly, you should not consider any of these provisions as a contract, either for continued employment or for the continuation of any policy, program or benefit that is described in this Guide. Such things can change as our business evolves and grows along our organization’s course.

Nevertheless, the material in this Guide should serve as a useful resource for you. We will endeavor to keep it up-to-date and to provide you with notice of changes and additions as they occur.

From time to time, we may issue memoranda, post notices or gather you together to provide you with current information about our organization, some of which may alter or supersede the material contained in this Guide. In the spirit of a healthy exchange among talented people working together to achieve a common goal, we expect you to be alert to such information and to assimilate it into your daily activity.

Your Employment Relationship

Your employment relationship with Edge Fitness, LLC is an “at will” relationship.

In other words, you have an absolute right to terminate your employment with us at any time, for any reason or for no reason, with or without notice. Edge Fitness, LLC reserves the same right.

No one at Edge Fitness, LLC is authorized to promise you employment on any other basis, either orally or in writing, or to guarantee you employment for any specific period of time. Therefore, nothing in this Guide should be construed as modifying your employment-at-will relationship.

Mission Statement

We stand firmly behind our claim of having the best fitness facility and staff in the area and it is the responsibility of our entire organization to guarantee this to our members. Accordingly, our Mission Statement is posted throughout every club we operate. We expect every Employee to memorize and understand our Mission Statement. Furthermore, we expect every Employee to fulfill the Mission Statement by giving his/her greatest effort to providing quality service to our members. Anything less than a full commitment to quality, friendly service will not be tolerated.

The Edge Fitness Clubs Mission Statement reads as follows:

At the Edge Fitness Clubs our mission is to offer extraordinary fitness facilities, innovative programming and an energetic, friendly staff to ensure our members love coming to our clubs, always enjoy their fitness experience, and see the results of their hard work. Ultimately giving our members…an EDGE in life.

Verification of Employment

The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for Edge Fitness, LLC to knowingly hire or recruit any alien not eligible for employment in the United States, or to fail to comply with IRCA’s employment verification system.

Therefore, we require newly hired Employees to complete the Employment Eligibility Verification Form (also known as Form I-9) and to submit a document or documents establishing both authorization for employment and identification.

Confidentiality

It is the policy of Edge Fitness, LLC to ensure that the operations, activities, and business affairs of the Company and our members are kept strictly confidential. Accordingly, if during the course of your employment, you acquire confidential or proprietary information about Edge Fitness, LLC or its members, such information is to be handled in strict confidence and not to be discussed with outsiders or unauthorized Employees. Therefore, Employees are also responsible for the internal security of such information.

Accordingly, you will be asked to sign a Confidentiality Agreement at your time of hire in consideration for your employment at Edge Fitness, LLC and to acknowledge your awareness of this policy.

Upon leaving the Company’s employ, you shall not take any drawing or other document, whether an original or a reproduction, or any tangible evidence of confidential information or data belonging to or under the control of the Company, without the expressed written consent of an officer of the Company. Furthermore, you may not under any circumstances disclose or otherwise utilize confidential information regarding policies, procedures, specialized training methods, including, but not limited to, sales techniques and information concerning the 911 and other personal training programs and philosophies developed exclusively by the Company.

Employees who violate this policy are subject to disciplinary action up to and including termination. Employees and/or former Employees who violate this policy may also be subject to civil or criminal penalties for violations of applicable securities laws.

Policy on Drug and Alcohol Abuse

Edge Fitness, LLC opposes drug abuse.

We heartily support the strong stance against drug abuse taken by Congress in enacting the Drug Free Work Place Act of 1988 and by the State of Connecticut in enacting the drug testing laws.

Accordingly, we have adopted the following policy as a condition of employment at Edge Fitness, LLC:

THE UNLAWFUL MANUFACTURE, DISTRIBUTION, DISPENSATION, POSSESSION, USE OR BEING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE IN OUR WORKPLACE OR ON OUR PREMISES IS PROHIBITED.

EMPLOYEES MUST NOTIFY THE MANAGER OF ANY CRIMINAL DRUG STATUTE CONVICTION FOR A VIOLATION OCCURRING IN THE WORKPLACE NO LATER THAN FIVE DAYS AFTER SUCH CONVICTION.

AN EMPLOYEE WHO VIOLATES OR FAILS TO COMPLY WITH THESE PROVISIONS WILL BE SUBJECT TO DISCIPLINARY ACTION, UP TO, AND INCLUDING, TERMINATION OF EMPLOYMENT.

In addition:

BEING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER INTOXICANT WHILE YOU ARE AT WORK OR INGESTING ALCOHOL OR ANOTHER INTOXICANT WHILE AT WORK OR ON OUR PREMISES (EXCEPT AT FUNCTIONS SPONSORED OR AUTHORIZED BY EDGE FITNESS, LLC) IS PROHIBITED.

We recognize that federal and state laws consider drug and alcohol dependency to be disabilities. Our group insurance program provides benefits for alcohol and drug rehabilitation.

If you believe you may have a problem with alcohol or drugs and are in need of such rehabilitation programs or other assistance, please take the initiative to ask us for help. You will not be subject to disciplinary action for seeking such help or applying for benefits under our group insurance program.

If, however, you do not voluntarily seek help and you are caught violating our drug or alcohol abuse policy, we reserve the right to discipline you, up to and including possible discharge from employment, even for the first offense, regardless of whether you thereafter seek help or successfully complete a rehabilitation program, to the extent we are permitted to do so under the law.

Attendance and Tardiness Policy

The Philosophy behind Our Policy

Our philosophy about attendance and punctuality is simple and straight-forward. We have a state of the art fitness facility, a business to run and jobs that need to be done. We hire and pay people to do those jobs and, in return, we expect the people we hire to report to work regularly, on time, and to do the work assigned them as scheduled. That does not mean that we do not understand that people sometimes get sick, have accidents or face some other legitimate problem that prevents them from reporting to work as scheduled.

The fact we must all face, however, is that even when an Employee is too sick or too injured or has a legitimate problem too great to come to work on time as scheduled, our members still need customer service, the business still needs to be run and the jobs still need to be done. In most cases, those present become responsible for the work of the person absent. Therefore, even in those situations in which tardiness or absences are for legitimate reasons, we feel we have to take them into account in evaluating an Employee’s attendance record, to the extent permitted by law.

The bottom line is that we can only accommodate a reasonable amount of tardiness/absences. Where absences or instances of tardiness become too frequent or too disruptive to be reasonable, we will have no choice but to take steps to replace the Employee with someone who is available to do the job on a regular basis. In appropriate cases, an Employee with unsatisfactory attendance will be encouraged to participate in one of our disability or leave programs.

Where someone is absent or late for no reason or for a reason that we do not judge to be legitimate, we feel we have a right to conclude that the person does not have sufficient interest in doing the job we hired him or her to do, and we will have no hesitancy to take steps to replace him or her.

In an effort to carry out our philosophy on attendance, we have established guidelines for our supervisors and our personnel people to use in dealing with issues of attendance. These guidelines are set forth below.

Please note that these are only guidelines. While our intent is to apply them uniformly and consistently, we also recognize that the facts are not always the same, so we have to reserve some flexibility in applying these guidelines in order to be as fair as we can be in each case.

In general, we expect you to report to work as scheduled and to notify us promptly and completely on those occasions when you cannot do so.

If you are going to be absent, you must notify your Manager and find a coworker to cover your shift, unless you know at the outset that you will be absent for more than a day and you make other notification arrangements with your Manager.

We want you to be as fair with us as you expect us to be with you.

Facts You Need to Know

If you are absent from work for an entire work day, or leave work early without advance approval from your Manager, you will be considered “absent” for the work time you missed. Leaving work early includes leaving before your regularly scheduled quitting time.

Every absence and instance of tardiness, regardless of the reason, will be counted for purposes of applying this policy and the guidelines set forth below. These instances include, but are not limited to, tardiness/absences from scheduled work on a Saturday, Sunday or Holiday, as well as absences from scheduled work for medical reasons, regardless of whether such absences are verified by a doctor or whether they qualify you for sick benefits.

Every tardiness and/or absence will become a permanent part of your work record and can be considered in making any employment related decisions concerning you, including, but not limited to transfers, promotions, demotions, wage adjustments, performance reviews, discipline and discharge.

Days of an approved “Leave of Absence” will not be counted as days of absence for purposes of applying this policy and the guidelines set forth below. Such approved “Leaves of Absence” include approved bereavement leave, military leave and jury duty leave, as well as approved “Leaves of Absence” for medical reasons or other reasons mandated by state or federal law.

All such “Leaves of Absence” must be approved in advance by your Manager.

Guidelines for Dealing with Attendance and Tardiness

The following are examples of absences or tardiness that can raise issues with Edge Fitness, LLC and form the basis for making employment decisions, including disciplinary action, up to and including discharge:

Frequent absences;

Frequent tardiness;

Absences that form a pattern;

An unexcused lengthy period of absence.

Non-Discrimination

Edge Fitness, LLC does not discriminate on the basis of race, color, creed, religion, sex, national origin, ancestry, marital status, veteran status, physical disability or on any other basis prohibited by law.

Statement of Sexual Harassment Policy

Edge Fitness, LLC’s policy is to maintain a work place free from all forms of harassment. Therefore, Edge Fitness, LLC prohibits and will not tolerate sexual harassment.

Edge Fitness, LLC considers unwelcome sexual advances, unwelcome requests for sexual favors, and other like verbal or physical conduct of a sexual nature as sexual harassment when:

  1. an Employee must submit to such conduct to remain employed;
  2. an employment decision is made based on an Employee submitting to or rejecting such conduct;
  3. such conduct unreasonably interferes with an Employee’s work performance; or
  4. such conduct creates an intimidating, hostile, or offensive work environment.

If you believe you have been the victim of sexual harassment, should report the matter immediately to your Manager. If you have a concern about reporting the matter to your Manager, you should instead report the matter directly to the Personnel Director.

Since Edge Fitness, LLC’s goal is to end any sexual harassment, all reports of sexual harassment will be investigated promptly and thoroughly, and all Employees involved will be treated courteously in the investigation. If the investigation shows that sexual harassment did occur, Employee offenders may be subject to disciplinary action, up to and including termination.

The nature and content of any report of sexual harassment will be kept as confidential as possible during the investigation. Every effort will be made to limit its discussion to those who have a need to know. Employees engaging in unauthorized disclosure or discussion of the report, or passing on rumors or opinions about the report may be subject to disciplinary action, up to and including termination.

Edge Fitness, LLC will take no disciplinary action against Employees or otherwise change the terms and conditions of their employment in retaliation for making a report of sexual harassment.

No-Solicitation Rule

As a busy fitness facility in which members are present practically every minute of the day, Edge Fitness, LLC maintains a high level of professional decorum. Accordingly, Edge Fitness, LLC prohibits solicitation and distribution of literature on its premises as described below.

As an Employee of Edge Fitness, LLC, you are not permitted to do the following:

  • solicit other Employees during working time (your working time or the working time of the Employee or Employees you are soliciting);
  • distribute literature of any kind anywhere on Edge Fitness, LLC’s property during working time and personal time (your working time or the working time of the Employee to whom you may be distributing literature);
  • distribute literature of any kind in working areas or member areas at any time.

Non-Employees are prohibited from soliciting and/or distributing literature anywhere on our premises at any time.

You are not permitted to solicit our vendors, our members or our Employees at any time.

Hours of Work

Employee Classification

“Regular full-time” Employees are those regular Employees who are regularly scheduled to work thirty (30) or more hours per week.

“Regular part-time” Employees are those regular Employees who are regularly scheduled to work less than thirty (30) hours per week.

A “regular” Employee is one who has a regular appointment to a position, and not a temporary or seasonal appointment.

Regular Hours

Regular Club hours are currently as follows and subject to change, some clubs are open 24hrs.

Monday – Thursday 5:00am – 10:00pm

Friday 5:00am – 9:00pm

Saturday 7:00am – 6:00pm

Sunday 7:00am – 6:00pm

The normal work week for regular full-time or regular part-time Employees will be established on an individual basis at the time of hire and as changes are implemented thereafter. Inter club hours may vary slightly.

Variations in Schedule

From time to time, you may be required to work on days off or beyond your regular hours or through your lunch break to meet unexpected variations in the work load and members’ needs. You may not, however, work extra time without prior authorization from your Manager.

We will try to give you as much advance notice as possible on those occasions when you will be required to work outside your normal schedule . Our normal practice regarding pay for such extra work is described in the section called “pay for overtime work” found later in this guide.

Time Keeping

Each Employee is required to record his or her reporting time, lunch time (start and finish), break time (start and finish), and quitting time accurately on our computer time clock. You must punch in at the start of your shift and punch out at the end of your shift on the day worked. In addition, you must punch in/out for breaks as you take them. If the situation arises where you failed to sign in/out on a given day, you must bring it to the attention of your General Manager for verification. One purpose of this record keeping requirement is to enable us to calculate your pay accurately. It is required by law. Under no circumstance should you punch in/out for another Employee or allow another Employee to punch you in/out.

Compensation

Your compensation at Edge Fitness, LLC includes more than just your regular paycheck. Eligible Employees also receive the following from The Edge Fitness Clubs in addition to pay for the services rendered, as part of their total compensation package:

  • Social Security Contribution;
  • Worker’s Compensation Insurance;
  • Unemployment Compensation;
  • Group Medical Insurance.

Your Regular Pay

Your regular pay is based on two basic elements: your hourly wage or salary and the commissions you earn, if applicable. Commission rates are discussed later in this Guide and are subject to change at the company’s discretion. Your initial pay level will be established at the time of hire and is based on your job duties and our assessment of your capabilities, including prior experience.

We monitor your job regularly for changes in your duties and we evaluate your performance continuously.

Pay for Overtime Work

Edge Fitness, LLC pays people for “overtime” work in accordance with state and federal wage-hour laws, which divide Employees into two basic groups:

Non-exempt Employees are Employees who are not exempt from the overtime pay requirements of state and federal law and must be paid at a rate not less than one and one-half times their regular straight-time hourly rates for all time they work in excess of forty (40) hours in a payroll week.

Exempt Employees are Employees who are exempt from the overtime pay requirements of state and federal law and include executives, professionals and administrators. They do not have to be paid at an overtime rate for time they work in excess of forty (40) hours in a payroll week, or anything more than their regular pay for that week.

Our payroll week begins at 12:00 a.m. each Friday and ends at 11:59 p.m. on the following Thursday.

Time off for vacations and other reasons (e.g., holidays, authorized sick leave and office closings) will not be counted as “hours worked” for purposes of determining eligibility for overtime pay.

Pay Adjustments

Pay adjustments will be considered on the basis of many variables including but not limited to your experience, performance, attitude, attendance and material changes in your job duties.

We will evaluate your performance as needed, but we will conduct a formal evaluation once per year.

Pay Deductions

Edge Fitness, LLC does not deduct money from your pay unless it is required to do so by law or unless you authorize it to make lawfully permitted deductions in accordance with programs or benefits Edge Fitness, LLC provides.

Any such lawfully permitted payroll deduction authorizations must be submitted by you to your Manager on forms we provide. Please see your Manager to obtain such forms.

Pay Day

The regular pay day for all Edge Fitness, LLC Employees is every other Thursday. If a recognized holiday falls on the regular pay day, paychecks will be issued on the last regular work day before the holiday.   Paychecks are not to be cashed in the club.

Cash Advances

Edge Fitness, LLC does not offer cash advances.

Commission Rates

Eligible Employees will receive commission for various sales. Commissions are subject to change.

Employee Membership Guidelines

*Eligible Employees receive one membership for a friend or a family member after 30 days of employment. The Employee will also be provided with a membership for himself/herself. Memberships may be used as long as the Employee maintains active employment status with The Edge Fitness Clubs.

Upon termination, all secondary memberships provided by the Employee will be terminated. There are no refunds provided to employee or secondary memberships that were originally paid in full. That membership would need to be frozen or the employee would need to give someone else the complimentary membership.

To be considered an *eligible Employee, one must meet at least one of the following criteria:

Hold the title of Manager

Hold the title of Membership Advisor

Hold the title of Fitness Consultant

Hold the title of Personal Trainer

Hold the title of Corporate Staff

All other Employees will receive a free membership for themselves as long as the meet the criteria below:

Edge Kids Coach: must work at least 10 hours to be eligible for a free membership for themselves.

Group Exercise Instructor: In order for a Group Exercise Instructor to be eligible for a free membership for themselves, they must fulfill the following criteria:

1. “Own” at least TWO classes on the group exercise schedules.

2. They must “own” those classes for at least 60 days.

3. The instructor must remain in good standing and maintain their TWO classes or they will lose their membership privilege.

As with all memberships, The Edge Fitness Clubs may revoke the membership privileges of any Employee (terminated or active) at any time and for any reason.

Group Insurance

Group Medical Insurance Coverage

We believe that every individual bears responsibility for his or her own health care and for the costs he or she incurs in receiving medical treatment. At the same time, we recognize that the cost of medical services can devastate an individual or a family befallen by a catastrophic illness or injury.

Therefore, we have established a Group Medical Coverage Plan designed to provide our eligible Employees with protection against the burdens of extraordinary health care costs. Edge Fitness, LLC will share the premium costs for such coverage with the eligible Employee on a 50-50 basis of the base health plan.

Our regular full-time Employees who work a normal schedule of at least thirty-five (35) hours per week are eligible to apply for coverage on the first of the month following successful completion of sixty (60) days of continuous full-time employment with us.

Family coverage may be obtained at the Employee’s expense. Please see the Personnel Director for details pertaining to optional family coverage plans.

Each covered Employee will be required to execute a pay deduction authorization form authorizing Edge Fitness, LLC to deduct the Employee’s share of the premium payment from his or her regular pay. Insurance forms are provided to all regular full-time Employees at the time of hire. If eligible, you are required to submit an insurance form directly to the Personnel Director within forty-five (45) days from your date of hire. Any Employee who declines insurance coverage during his/her eligibility period will be ineligible for coverage until the next open enrollment period.

Dental Plan

Eligible regular full-time Employees may elect dental coverage at their own expense. Premium payments will be deducted from the eligible Employee’s paycheck.

Group Insurance Documents

The group insurance coverage listed above are described in detail in booklets prepared and distributed by our carriers. You should have received such booklets at the time you were hired or the last time our plan was changed, which­ever occurred more recently.

Please note that if the descriptions of coverage in this Guide differ from the descriptions in the insurance booklets or in the particular Plan documents themselves, the latter will prevail.

 Holidays

Edge Fitness, LLC recognizes the following holidays, when observed on a day when you are not required to work, as “paid” holidays for all regular full-time Employees:

5 Paid Holidays                                      2 (Optional) Paid Holidays

New Year’s Day                                                       Easter Sunday

Memorial Day                                       Rosh Hashanah

Labor Day                                                 Christmas Day

Thanksgiving Day                                Yom Kippur

Independence Day                            Hanukah

If you are eligible and not scheduled or otherwise required to work a holiday, you will be paid for your regularly scheduled hours at your straight time hourly rate for each of the above listed holidays. To be eligible, you must be a regular full-time Employee for six (6) months and you must work your shift scheduled immediately before and your shift scheduled immediately after the holiday, unless excused by your Manager.

If a recognized holiday falls on a day when you are required to work, you will not be granted additional time off or additional pay in recognition of the holiday.

Vacations

Edge Fitness, LLC recognizes the importance of employees’ having the opportunity to have leisure time and attend to nonwork matters. Therefore, the company will attempt to grant all eligible employees vacation leave at the time they desire to take it. However, the company must maintain adequate staffing at all times. Therefore, vacations must be scheduled in advance and with prior written approval of the employee’s supervisor.


Eligibility:
All regular, full-time employees are eligible for vacation accrual on a weekly basis.

Procedures

Vesting
Vacation is earned by the eligible employee each week and in the following hourly, or fraction thereof, amounts:

  • At a rate of 1.538 hours per workweek from the date of hire to their fifth-year anniversary (equivalent to approximately 80 hours or 10 days per anniversary year).
  • At a rate of 2.307 hours per workweek, from their fifth-year anniversary to their 10th anniversary (equivalent to approximately 120 hours or 15 days per anniversary year).
  • At a rate of 3.076 hours per workweek, from their 10th anniversary (equivalent to 160 hours or 20 days per anniversary year).


Vacation scheduling conflicts

When conflicts develop, they will be resolved fairly, but as deemed appropriate by management. All other factors being equal, preference will generally be given to the employee who makes the earliest request, but other legitimate factors may be considered, including seniority and the amount of vacation time already taken by the employees involved.


Minimum vacation time increments

Vacation may be taken by eligible employees, with prior supervisory approval, at times that best meet the requirements of the company. Employees must take vacation time in increments of at least four hours. It is each supervisor’s responsibility to monitor such absences and to ensure that they do not become excessive in relation to the hours worked by the employee.


Notice of absence

Generally, requests for vacation days must be submitted to the supervisor at least one week in advance. Employees may have the right in certain circumstances to make leave requests under the Family and Medical Leave Act (FMLA) or other laws on shorter notice. If the employee is requesting vacation leave for family or medical purpose, the employee should make sure that this purpose is made clear to management. The supervisor must approve any exceptions to this provision or any conflicts in scheduling.


Unused vacation time

An employee may carry forward a total of up to 40 hours of unused vacation time. When employees accumulate 120 hours of vacation, they will cease accruing additional vacation until such time as the employee’s total accumulation of unused vacation is less than 120 hours.

Termination or resignation of employment

If you resign your employment or your employment is terminated for any reason, you will not be paid for any unused accrued vacation time.

Pay in lieu of vacation

The company will not pay employees for unused vacation.

 

Paid Sick and Emergency Leave

“Paid sick leave” is time off from work on a day on which you are too sick (or medically disabled) to come to work and you do not lose your regular pay for the day.

“Paid emergency leave” is time off from work which may only be taken with the prior approval of your Manager. Requests for paid emergency leave should be submitted only for extreme circumstances that cannot be handled outside of your regularly scheduled working hours (i.e., court appearances, loan or house closings, illness of a close family member who is in your care).

In order to qualify for “paid sick or emergency leave” on any day of absence, you must:

  • meet the longevity criteria described below;
  • submit your request to your Manager as soon as you know you will need to be absent;
  • inform your Manager of the estimated length of your absence and, in general, the nature of your illness, injury or emergency (such information may be helpful for insurance purposes and will be kept confidential as required by law); and
  • report to your Manager promptly upon your return to work to provide required information about your absence and/or your physical ability to do your job.

In order to be eligible for “paid sick or emergency leave” you must be a regular full-time Employee who has successfully completed three (3) months service with us, at which time you may take up to five (5) paid sick or emergency leave days in that calendar year.

Thereafter, each January 1st, eligible Employees will have earned five (5) days “paid sick or emergency leave” for use in that calendar year. “Paid sick or emergency leave” you earn but do not use will not be accrued for your future use beyond the calendar year in which it was earned, and you are not eligible for pay for earned but unused sick or emergency leave days.

Requests for application of “paid sick or emergency leave” should be made to your Manager at the time you call in to notify us that you will be absent. We reserve the right to verify the legitimacy of any absence, including, but not limited to, requiring a doctor’s certificate.

“Paid sick or emergency leave” will not be applied to time you take off for your own doctors’ or dentists’ appointments. Such time must be made up either before or after the appointment as approved by your Manager, or you will lose pay for such time.

You will not be eligible for “paid sick or emergency leave” for any day of absence on which you failed to call in to report your absence as required or you failed to obtain advance approval from your Manager.   “Paid sick leave” will not be applied to any absence other than one caused by your own illness or medical disability.

Paid sick or emergency leave counts as an absence.

Family and Medical Leave

Under certain circumstances you may request time off without pay for a limited period with job protection and no loss of accumulated service when you return to work.

A family or medical leave of absence is defined as an approved absence available to eligible Employees for up to sixteen (16) weeks of unpaid leave a year under particular circumstances that are critical to the life of a family.

Leave may be taken:

  • on the birth of an Employee’s child;
  • on the placement of a child for adoption or foster care with an Employee;
  • when an Employee is needed to care for a child, spouse, or parent who has a serious health condition; or
  • when an Employee is unable to perform at least one of the essential functions of his or her position because of the Employee’s own serious health condition.

This policy applies to all family and medical leaves of absence except for leaves that are covered under paid employment benefit plans or policies for any part of the leave to which the Employee may be entitled under this policy. In other words, if an Employee is entitled to both Family an Medical Leave Act leave and paid leave under another benefit plan or policy, the Employee must take the paid leave first.

To be eligible for leave under this policy, an Employee must have been employed here for at least twelve (12) months and must have worked at least 1,000 hours during the 12-month period preceding the requested leave.

We may require medical certification to support a claim for leave for an Employee’s own serious health condition or to care for a seriously ill child, spouse, or parent. For the Employee’s own medical leave, the certification must include a statement that the Employee is unable to perform at least one of the functions of his or her position. For leave to care for a seriously ill child, spouse, or parent, the certification must include an estimate of the amount of time that the Employee is needed to provide care.

We may require a second medical opinion and periodic recertification at our own expense. If the first and second opinions differ, we may require the binding opinion of a third health care provider, approved jointly by The Edge Fitness Clubs and you and paid for by The Edge Fitness Clubs.

When the need for leave is foreseeable, such as the birth of a child, the placement in adoption or foster care of a child, or planned medical treatment, you must provide reasonable prior notice and make an effort to schedule leave so that it does not unduly disrupt company operations. Employees who are ill will be required to report periodically on their status and their intention to return to work.

If you participate in the company’s group health care plan your coverage will continue during your leave as if you were still working. Employees who are granted an approved leave are advised to arrange to pay their share of premiums during the absence. Employees are responsible for making sure the company receives premium payments by the normal payroll dates. The Personnel Director will provide a schedule of payment amounts and due dates at the beginning of any unpaid leave of absence.

If an Employee chooses not to return to work (meaning: stay for thirty (30) calendar days) after an approved unpaid leave of absence, the company may recover from the Employee the cost of any payments made to maintain the Employee’s health insurance, unless the failure to return is because of a serious health condition or reasons beyond the Employee’s control. Benefit entitlement based on length of service will be calculated as of the last paid work day before the start of the unpaid absence.

A Request for Family and Medical Leave of Absence Form may be obtained from the Personnel Director and must be filled out in duplicate by the Employee. This form must be completed in detail, signed by the Employee, submitted to the immediate supervisor for proper approvals, and forwarded to the Personnel Director. If possible, the form should be submitted thirty (30) days before the effective date of the leave.

In addition, for leave to care for a child, spouse, or parent, the certificate must include an estimate of the amount of time that the Employee is needed to provide such care.

For leave for an Employees illness, the certificate must state that the Employee is unable to perform at least one of the functions of his or her position.

For certification for intermittent leave or leave on a reduced-leave schedule for planned medical treatment, the certificate must state that the dates on which such treatment is expected to be given and the duration of the treatment.

Your unused accumulated “paid sick leave” and vacation time must be applied to each day of absence from the start of such absence until it is exhausted or until the leave ends, whichever occurs sooner. Otherwise, the leave will be without pay.

During the leave, you must keep your Manager apprised of your status periodically and of your anticipated return to work and changes in your anticipated date of return. We may require you to submit a medical release satisfactory to us as a condition precedent to your return.

If your period of disability can be anticipated, you must provide the Managing Principal with as much advance notice as possible that you will be requesting a disability leave. Such notice must include the anticipated dates and duration of the leave and whether you plan to return to work after the leave ends.

Bereavement Leave

In the event of a death in your immediate family (spouse, child, parent, sibling or spouse’s parent) and you are a regular full-time Employee who has completed six (6) months of continuous employment, you will be allowed up to three (3) consecutive days off beginning with the date of death, without loss of your regular pay.

In the event of the death of your grandparent, parent-in-law, sister-in-law or brother-in-law and you are a regular full-time Employee who has completed six (6) months of continuous employment, you will be allowed up to two (2) consecutive days off beginning with the date of death, without loss of your regular pay.

Jury Duty

If you are a regular full-time Employee and are summoned for jury duty during a day in which you would otherwise have worked s full shift for Edge Fitness, LLC, we will pay your regular wages for the first five (5) days, or part thereof, of such juror service, as required by law.

Unless prior arrangements are made with your manager, you are required to report on any day in which your jury duty operation terminates prior to the end of your shift on that day.

Unpaid Leaves

Due to the nature of our work and our small size, we discourage leaves of absence. We recognize, however, that sometimes a leave from work is unavoidable for reasons other than your illness or medical problems. If you feel you are faced with such a situation, please consult the Personnel Director and, if appropriate, request an unpaid leave. While we cannot guarantee that your request will be approved, we will give your request our full and fair consideration.

Personal Business

Personal Telephone Calls

In order to keep telephone lines open for business calls, personal telephone calls from Edge Fitness, LLC’s telephones should be kept to a minimum and of short duration. No personal calls during working time should be made except under extreme circumstances. Under no circumstances may you place a call that carries an additional service charge (personal long distance calls, directory assistance calls (411), or *69 calls) from a Edge Fitness, LLC phone; all such calls must be made from a pay phone.

Under no circumstances should you interrupt your work or the work of others to make or receive a personal telephone call except in an emergency.

Personal Activities

You are not permitted to engage in personal activities (i.e., writing personal letters, balancing your checkbook) during work time. We ask that you limit such activities to your designated break time or before or after your scheduled working hours.

Performance

As a professional organization, we expect our Employees to adhere to a high standard of performance.

Your performance will be under continuous review.

Under normal circumstances, a formal performance review will be done once annually. This review will usually be done in connection with a review of your pay and can lead to a pay adjustment.

Your record of attendance and punctuality, your attitude toward your work and your coworkers, your cooperativeness, as well as your level of sales, if applicable, will be among the elements of your performance to be reviewed, in addition to the skill, efficiency and level of professionalism with which you perform the tasks associated with your job.

Your performance will be considered in determining your compensation, as well as in making decisions about promotions and other job-related actions.

Each evaluation of your performance will become a part of your permanent employment record.

Transportation and Parking

We ask you to drive with caution in our lot, to park in an orderly manner and to respect other vehicles.

Please do not leave your valuables in your car, as we do not provide formal security. You are responsible for any damage to or loss of your vehicle or its contents caused by acts of vandalism or theft while parked on our property.

An Employee required by his/her Manager to use his or her automobile for office related business will be reimbursed for such use at the approved IRS rate for mileage.

Closure of Club

Edge Fitness, LLC will remain open for business seven days a week, except in those rare circumstances where you will be informed that the club is closed due to severe weather or other natural disasters.

Please note, however, that, in severe weather conditions, Edge Fitness, LLC may merely delay its opening or close early on a given day.

If Edge Fitness, LLC closes or delays its opening on such occasions, you will be paid only for the hours you actually work. However, whenever practicable and subject to management’s approval, hourly Employees will be permitted to make up lost hours during the same week in which the unanticipated gym closure occurred.

Smoking

Edge Fitness, LLC encourages a smoke-free work environment. Therefore, smoking is not permitted anywhere in the building or on the premises.

Appearance and Uniforms

As a health club facility in the business of helping members improve themselves both mentally and physically, it is essential that our Employees portray a healthy lifestyle by presenting themselves in a neat and orderly manner.

Accordingly, our appearance and uniform requirements are designed to permit comfortable work clothes that are clean and neat and portray an interest in good taste and personal hygiene.

As common sense dictates, gym wear from clubs in direct competition with us should not be worn in The Edge Fitness Clubs at any time.

Appearance

Jewelry should be conservatively worn and limited to watches, wedding and engagement rings and moderate earrings.  Clothes must be kept neat and clean.  Hair, fingernails and makeup must be worn in a neat and professional manner.  Tattoos must be covered while working if Management (in its sole discretion) deems them to be excessive, inappropriate, offensive or contrary to the spirit of this Appearance and Uniform Policy. Men must arrive to work clean shaven. Only a tightly trimmed mustache and goatee are acceptable. Beards are not allowed and sideburns may not go past the ears. Employees are prohibited from wearing facial jewelry, including, but not limited to tongue-rings.  A maximum of 1 stud earring per ear is permitted; however we do not allow gauging or hoops of any kind.

Uniforms

Employees must be dressed in uniform while on duty.  Employees must keep uniforms neat and clean and are responsible for the regular laundering and maintenance of their uniforms. White and/or black shirts are allowed under the uniform shirt.  Only the uniform shirt is allowed under the uniform jacket. Black pants, shorts or skirts (with no stripes) may be worn. Men’s shirts must be tucked in.

Additional shirts and/or jackets can be purchased by the Employee at wholesale cost.  Under normal circumstances, Employees not in uniform are prohibited from standing behind the front counter.

Every Employee must adhere to the Appearance and Uniform Policy. Managers are responsible for ensuring that these guidelines are met. The standards apply to all club employees – full-time and part-time.

In the event that any Employee arrives for work in violation of any provision of this Policy, Management will give the Employee an opportunity to address the violation immediately, and if necessary, to return home to change and/or comply with the Policy (the time to travel and change will not be paid). Any subsequent violation of this Policy could result in disciplinary action, up to and including termination.

Reasonable Accommodation of Religious Beliefs

Edge Fitness, LLC recognizes the importance of religious beliefs to persons within its workforce. The Edge will reasonably accommodate a staff member’s religious beliefs in terms of workplace attire unless the accommodation creates an undue hardship. Staff members requesting a workplace attire accommodation based on religious beliefs should address their request to the Department of Human Resources.

Records and Confidential Information

It is important that your employment records contain accurate, current information for purposes of insurance, payroll, and taxes, among others, and for providing notification in emergencies. Accordingly, you must notify the Personnel Director in writing of any changes in the following:

  1. Your name
  2. Your home address
  3. Your home telephone number
  4. Your marital status
  5. The number of your dependents
  6. The name of person to contact in an emergency

Edge Fitness, LLC complies with state and federal laws regarding confidentiality of records.

Pursuant to state law, we are permitted to release only certain limited information from your personnel records to parties other than yourself, unless you provide us with a written authorization to do otherwise. If you desire information to be released to another party, other than that information which we are required or permitted to release by law, please contact the Personnel Director.

Under state law, we are only permitted to release information from, or copies of, your medical records to your treating physician. If you desire to have this information or copies released to your physician, you must sign an authorization permitting us to do so. In such case, please see the Personnel Director.

Personal Property and Your Work Area

Edge Fitness, LLC cannot be responsible for the personal property that you keep at work. We ask that you respect the personal property of others as you would wish yours to be respected.

As we have members in our facility continually throughout the day, please keep the front counter area neat and tidy. This effort not only gives us a tidy appearance, but is essential to our professional appearance and efficiency.

Emergency Procedures, Incidents, Accidents

You must report all accidents and incidents (e.g. strangers on the property, vandalism, unwelcome guests) to your Manager as soon as practicable.

If an accident or incident involves health or life threatening circumstances, please follow the following “Emergency Procedures Guidelines”, and use common sense:

  • report the incident to your Manager;
  • attend to the injured person in any way possible:
  • call 911, if necessary;
  • complete an accident report within 24 hours of the incident, including names of all witnesses.

All work-related accidents involving personal injury, no matter how small, must be reported to the Manager promptly so that proper worker’s compensation reports can be filed. This requirement is for your protection. Failure to comply may result in loss of future benefits.

Safety

We are all responsible for performing our work in a safe manner. Safety rules apply to everyone.

You are expected to follow all safety rules, recommendations and directions to protect your well-being, the well-being of our members and your fellow Employees.

As we want to maintain a safe work environment, we want you to notify your Manager if you feel an unsafe condition exists. With your help, we can reduce the risk of injuries to you and our members and avoid damage to property and equipment.

Violation of safety rules is a serious matter and will be dealt with accordingly.

Termination of Employment

As your employment relationship with Edge Fitness, LLC is an “at will” relationship, you can terminate your employment at any time, for any reason or for no reason, with or without notice; Edge Fitness, LLC retains the same right.

Resignation and retirement are two of the ways you can terminate your employment voluntarily.

Under normal circumstances, you should give the Club Manager at least two week’s written notice in advance of your resignation so that your final pay and other termination materials can be processed in due course.

Under normal circumstances, unless you are terminated at the initiative of Edge Fitness, LLC for misconduct or performance reasons, Edge Fitness, LLC will provide you with two weeks’ notice of termination.

Edge Fitness, LLC may terminate your employment because of a lack of work, elimination of your position, unsatisfactory performance, conduct, attendance, punctuality or for any other reason not expressly prohibited by law, or for no reason.

Before your employment is terminated under any circumstances – voluntarily or involuntarily – you must report to the Club Manager for a termination interview. The interview will enable you to arrange for your final pay, turn in Edge Fitness, LLC property in your possession (e.g. keys, written materials), provide us with sufficient information to forward you insurance forms and payments and other documents that may be of importance to you, and to arrange to pick up your personal belongings.

On termination, your final pay will be issued to you no later than the next regular payday following your termination date, in accordance with legal requirements. You final pay will be reduced by any payments we made to you in the way of advancements.