# Employee Handbook

Effective January 1, 2022

# GDC- Welcome

# Our Company

Welcome to **Goodwind Development Corporation!** We are delighted that you have chosen to join our organization and hope that you will enjoy a long and successful career with us. As you become familiar with our culture and mission, we hope you will take advantage of opportunities to enhance your career and further **Goodwind Development Corporation’s** goals.

You are joining an organization that has a reputation for outstanding leadership, innovation, and expertise. Our employees use their creativity and talent to invent new solutions, meet new demands, and offer the most effective services/products in the industry. With your active involvement, creativity, and support, **Goodwind Development Corporation** will continue to achieve its goals. We sincerely hope you will take pride in being an important part of **Goodwind Development Corporation's** success.

# Purpose of the Handbook

Whether you have just joined our staff or have been at **Goodwind Development Corporation** for a while, we are confident that you will find our company a dynamic and rewarding place in which to work, and we look forward to a productive and successful association. We consider the employees of **Goodwind Development Corporation** to be one of its most valuable resources. This handbook has been written to serve as the guide for the employer/employee relationship.

There are several things to keep in mind about this handbook. First, it contains only general information and guidelines. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. For that reason, if you have any questions concerning eligibility for a particular benefit or the applicability of a policy or practice to you, you should address your specific questions to the Human Resources (HR) Department. Neither this handbook nor any other company document confers any contractual right, either express or implied, to remain in the company’s employ. Nor does it guarantee any fixed terms and conditions of your employment. Your employment is not for any specific time and may be terminated at-will with or without cause and without prior notice by **Goodwind Development Corporation**, or you may resign for any reason at any time. No supervisor or other representative of the company (except the President of **Goodwind Development Corporation**) has the authority to enter into any agreement for employment for any specified period of time or to make any agreement contrary to the above.

The procedures, practices, policies and benefits described here may be modified or discontinued by **Goodwind Development Corporation** from time to time. We will try to inform you of any changes as they occur.

Some subjects described in this handbook are covered in detail in official policy documents. Refer to these documents for specific information as the handbook only briefly summarizes these benefits. Please note that the terms of the written benefit policies are controlling and override any statements made in this or other documents.

Please take time to review the policies contained in this handbook. If you have questions, feel free to ask your supervisor or to contact the Human Resources (HR) department.

# Employment At Will

Employment at **Goodwind Development Corporation** is on an at-will basis unless otherwise stated in a written individual employment agreement signed by the president of the company.

This means that either the employee or the company may terminate the employment relationship at any time, for any reason, with or without notice.

Nothing in this employee handbook creates or is intended to create an employment agreement, express or implied. Nothing contained in this or any other document provided to the employee is intended to be, nor should it be, construed as a contract that employment or any benefit will be continued for any period of time. In addition, no company representative is authorized to modify this policy for any employee or to enter into any agreement, oral or written, that changes the at-will relationship.

Any salary figures provided to an employee in annual, monthly or hourly terms are stated for the sake of convenience or to facilitate comparisons and are not intended to and do not create an employment contract for any specific period of time.

Nothing in this statement is intended to interfere with, restrain, or prevent concerted activity as protected by the National Labor Relations Act (NLRA). Such activity includes employee communications regarding wages, hours, or other terms or conditions of employment. **Goodwind Development Corporation** employees have the right to engage in or refrain from such activities.

# Equal Opportunity and Commitment to Diversity

# Equal Opportunity

**Goodwind Development Corporation** provides equal employment opportunities to all employees and applicants for employment without regard to race, color, creed, ancestry, national origin, citizenship, sex or gender (including pregnancy, childbirth, and pregnancy-related conditions), gender identity or expression (including transgender status), sexual orientation, marital status, religion, age, disability, genetic information, service in the military, or any other characteristic protected by applicable federal, state, or local laws and ordinances. Equal employment opportunity applies to all terms and conditions of employment, including hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.

**Goodwind Development Corporation** expressly prohibits any form of unlawful employee harassment or discrimination based on any of the characteristics mentioned above. Improper interference with the ability of other employees to perform their expected job duties is absolutely not tolerated.

**Goodwind Development Corporation** will endeavor to make a reasonable accommodation of an otherwise qualified applicant or employee related to an individual’s physical or mental disability, sincerely held religious beliefs and practices, and/or any other reason required by applicable law, unless doing so would impose an undue hardship upon **Goodwind Development Corporation’s** business operations.

Any employees with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of the HR manager. The company will not allow any form of retaliation against individuals who raise issues of equal employment opportunity. Employees who feel they have been subjected to any such retaliation should bring it to the attention of the HR manager. Retaliation means adverse conduct taken because an individual reported an actual or a perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process described below. “Adverse conduct” includes but is not limited to:  
(1) Shunning and avoiding an individual who reports harassment, discrimination, or retaliation;  
(2) Express or implied threats or intimidation intended to prevent an individual from reporting harassment, discrimination, or retaliation; or  
(3) Denying employment benefits because an applicant or employee reported harassment, discrimination, or retaliation or participated in the reporting and investigation process.

Other examples of retaliation include firing, demotion, denial of promotion, unjustified negative evaluations, increased surveillance, harassment, and assault.

Complaints of discrimination should be filed according to the procedures described in the Harassment and Complaint Procedure.

# Americans with Disability Act (ADA) and Reasonable Accomodation

**Goodwind Development Corporation** is committed to the fair and equal employment of individuals with disabilities under the ADA. It is **Goodwind Development Corporation’s** policy to provide reasonable accommodation to qualified individuals with disabilities unless the accommodation would impose an undue hardship on the company. **Goodwind Development Corporation** prohibits any harassment of, or discriminatory treatment of, employees based on a disability or because an employee has requested a reasonable accommodation.

In accordance with the ADA, reasonable accommodations will be provided to qualified individuals with disabilities to enable them to perform the essential functions of their jobs or to enjoy the equal benefits and privileges of employment. An employee with a disability may request an accommodation from the HR department and engage in an informal process to clarify what the employee needs and to identify possible accommodations. If requested, the employee is responsible for providing medical documentation regarding the disability and possible accommodations. All information obtained concerning the medical condition or history of an applicant or employee will be treated as confidential information, maintained in separate medical files, and disclosed only as permitted by law.

It is the policy of **Goodwind Development Corporation** to prohibit harassment or discrimination based on disability or because an employee has requested a reasonable accommodation. **Goodwind Development Corporation** prohibits retaliation against employees for exercising their rights under the ADA or other applicable civil rights laws. Employees should use the procedures described in the Harassment and Complaint Procedure to report any harassment, discrimination, or retaliation they have experienced or witnessed.

# Commitment to Diversity

**Goodwind Development Corporation** is committed to creating and maintaining a workplace in which all employees have an opportunity to participate and contribute to the success of the business and are valued for their skills, experience, and unique perspectives. This commitment is embodied in company policy and the way we do business at **Goodwind Development Corporation** and is an important principle of sound business management.

# Harassment and Complaint Procedure

It is **Goodwind Development Corporation’**s policy to prohibit intentional and unintentional harassment of or against job applicants, contractors, interns, volunteers, or employees by another employee, supervisor, vendor, customer, or third party based on actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex or gender (including pregnancy, childbirth, and pregnancy-related conditions), gender identity or expression (including transgender status), sexual orientation, marital status, military service and veteran status, physical or mental disability, genetic information, or any other characteristic protected by applicable federal, state, or local laws. Such conduct will not be tolerated by **Goodwind Development Corporation.**

Furthermore, any retaliation against an individual who has complained about sexual or other harassment or retaliation against individuals for cooperating with an investigation of a harassment complaint is similarly unlawful and will not be tolerated. **Goodwind Development Corporation** will take all reasonable steps necessary to prevent and eliminate unlawful harassment.

**Definition of “unlawful harassment.”** “Unlawful harassment” is conduct that has the purpose or effect of creating an intimidating, a hostile, or an offensive work environment; has the purpose or effect of substantially and unreasonably interfering with an individual’s work performance; or otherwise adversely affects an individual’s employment opportunities because of the individual’s membership in a protected class.

Unlawful harassment includes, but is not limited to, epithets; slurs; jokes; pranks; innuendo; comments; written or graphic material; stereotyping; or other threatening, hostile, or intimidating acts based on race, color, ancestry, national origin, gender, sex, sexual orientation, marital status, religion, age, disability, veteran status, or another characteristic protected by Guam or federal law.

**Definition of “sexual harassment.”** While all forms of harassment are prohibited, special attention should be paid to sexual harassment. “Sexual harassment” can include all of the above actions, as well as other unwelcome conduct, and is generally defined under both state and federal law as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature whereby:  
• Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of any individual’s employment or as a basis for employment decisions.  
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, a hostile, or an offensive work environment.

Other sexually oriented conduct, whether intended or not, that is unwelcome and has the effect of creating a work environment that is hostile, offensive, intimidating, or humiliating to workers may also constitute sexual harassment.

While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct that, if unwelcome, may constitute sexual harassment depending on the totality of the circumstances, including the severity of the conduct and its pervasiveness:

• Unwanted sexual advances, whether they involve physical touching or not;  
• Sexual epithets; jokes; written or oral references to sexual conduct; gossip regarding one’s sex life; comments about an individual’s body; and comments about an individual’s sexual activity, deficiencies, or prowess;  
• Displaying sexually suggestive objects, pictures, or cartoons;  
• Unwelcome leering, whistling, brushing up against the body, sexual gestures, or suggestive or insulting comments;  
• Inquiries into one’s sexual experiences; and  
• Discussion of one’s sexual activities.

All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual or other harassment and retaliation against individuals for cooperating with an investigation of sexual or other harassment complaints violate **Goodwind Development Corporation’s** policy.

**Individuals and Conduct Covered**. These policies apply to all applicants and employees, whether related to conduct engaged in by fellow employees or someone not directly connected to **Goodwind Development Corporation** (e.g., an outside vendor, consultant or customer).

Conduct prohibited by these policies is unacceptable in the workplace and in any work-related setting outside the workplace, such as during business trips, business meetings and business-related social events.

**Complaint procedure**. If you believe you have been subject to or have witnessed unlawful discrimination, including sexual or other forms of unlawful harassment, or other inappropriate conduct, you are requested and encouraged to make a complaint. You may complain directly to your immediate supervisor or department manager, the HR director, or any other member of management with whom you feel comfortable bringing such a complaint. Similarly, if you observe acts of discrimination toward or harassment of another employee, you are requested and encouraged to report this to one of the individuals listed above.

All complaints will be investigated promptly, and confidentiality will be protected to the extent possible. A timely resolution of each complaint should be reached and communicated to the parties involved.

If the investigation confirms conduct that violates this policy has occurred, **Goodwind Development Corporation** will take immediate, appropriate, corrective action, including discipline, up to and including immediate termination.

No reprisal, retaliation, or other adverse action will be taken against an employee for making a complaint or report of discrimination or harassment or for assisting in the investigation of any such complaint or report. Any suspected retaliation or intimidation should be reported immediately to one of the persons identified above.

# Conflict of Interest and Confidentiality

# Conflict of Interest

**Goodwind Development Corporation** expects all employees to conduct themselves and company business in a manner that reflects the highest standards of ethical conduct and in accordance with all federal, state, and local laws and regulations. This includes avoiding real and potential conflicts of interests.

Exactly what constitutes a conflict of interest or an unethical business practice is both a moral and a legal question. **Goodwind Development Corporation** recognizes and respects the individual employee’s right to engage in activities outside of employment that are private in nature and do not in any way conflict with or reflect poorly on the company.

It is not possible to define all the circumstances and relationships that might create a conflict of interest. If a situation arises in which there is a potential conflict of interest, the employee should discuss this with a manager for advice and guidance on how to proceed. The list below suggests some of the types of activities that indicate improper behavior, unacceptable personal integrity, or unacceptable ethics:  
1\. Simultaneous employment by another firm that is a competitor of or supplier to **Goodwind Development Corporation**;  
2\. Carrying on company business with a firm in which the employee, or a close relative of the employee, has a substantial ownership or interest;  
3\. Holding a substantial interest in, or participating in the management of, a firm to which the company makes sales or from which it makes purchases;  
4\. Borrowing money from customers or firms, other than recognized loan institutions, from which our company buys services, materials, equipment, or supplies;  
5\. Accepting substantial gifts or excessive entertainment from an outside organization or agency;  
6\. Speculating or dealing in materials, equipment, supplies, services, or property purchased by the company;  
7\. Participating in civic or professional organization activities in a manner that divulges confidential company information;  
8\. Misusing privileged information or revealing confidential data to outsiders;  
9\. Using one’s position in the company or knowledge of its affairs for personal gains; and  
10\. Engaging in practices or procedures that violate antitrust laws, commercial bribery laws,  
copyright laws, discrimination laws, campaign contribution laws, or other laws regulating the conduct of company business.

# Confidential Information

The protection of confidential business information and trade secrets is vital to the interests and success of **Goodwind Development Corporation**. Confidential information is any and all information disclosed to or known by you because of employment with the company that is not generally known to people outside the company about its business.

An employee who improperly uses or discloses trade secrets or confidential business information will be subject to disciplinary action up to and including termination of employment and legal action, even if the employee does not actually benefit from the disclosed information.

All inquiries from the media must be referred to the Chief Operating Officer. This provision is not intended to, and should not be interpreted to, prohibit employees from discussing wages and other terms and conditions of employment if they so choose.

# Employment Relationship

# Employee Privacy

It is **Goodwind Development Corporation’**s goal to respect the individual privacy of its employees and at the same time maintain a safe and secure workplace. When issues of safety and security arise, you may be requested to cooperate with an investigation. The investigation may include the following procedures to safeguard the company and its employees: searches of personal belongings, searches of work areas, searches of private vehicles on company premises, medical examinations, and the like. Failure to cooperate with an investigation is grounds for termination. Providing false information during any investigation may lead to discipline, including termination.

Employees are expected to make use of company facilities only for the business purposes of the company. Accordingly, materials that appear on company hardware or networks are presumed to be for business purposes, and all such materials are subject to review by the company at any time without notice to the employees. Employees do not have to have any expectation of privacy with respect to any material on company property. **Goodwind Development Corporation** regularly monitors its communications systems and networks as allowed by law. Monitored activity may include voice, email, physical mail, and text communications, as well as internet search and browsing history, and other possible forms of related communications.

Employees who make excessive use of the communications system for personal matters are subject to discipline. Employees are expected to keep personal communication to a minimum and to emergency situations.

Unauthorized copying, modifying, purging or deletion of company software, contents and files in company servers, networks and workstations without express written prior approval constitute grave violations of company policies that may be subject to termination and legal actions.

**Video surveillance**. As part of its security measures and to help ensure a safe workplace, **Goodwind Development Corporation** has positioned video cameras to monitor various areas of its facilities. Video cameras will not be used in private areas, such as restrooms, locker/dressing rooms, etc.

# Privacy - Social Security Numbers

**Policy**. It is **Goodwind Development Corporation’s** policy that Social Security numbers obtained from employees, vendors, contractors, customers, or others are confidential information.

Social Security numbers will be obtained, retained, used, and disposed of only for legitimate business reasons and in accordance with the law and this policy.

**Procedure**. Documents or other records containing employee Social Security numbers generally will be requested, obtained, or created only for legitimate business reasons consistent with this policy. For example, Social Security numbers may be requested from employees for tax reporting purposes (i.e., Internal Revenue Service (IRS) Form W-4), for new hire reporting, or for purposes of enrollment in the company’s employee benefit plans.

**Retention and access to Social Security numbers**. All records containing Social Security numbers (whether partial or complete) will be maintained in secure, confidential files with limited access.

**Unauthorized use/disclosure of Social Security numbers**. Any employee who obtains, uses, or discloses Social Security numbers for unauthorized purposes or contrary to the requirements of this policy and procedure may be disciplined, up to and including discharge. The company will cooperate with government investigations of any person alleged to have obtained, used, or disclosed Social Security numbers for unlawful purposes.

# Employment Classification

In order to determine eligibility for benefits and overtime status and to ensure compliance with federal and state laws and regulations, **Goodwind Development Corporation** classifies its employees as shown below. **Goodwind Development Corporation** may review or change employee classifications at any time.

**Exempt**. Exempt employees are typically paid on a salary basis and are not eligible to receive overtime pay.

**Nonexempt**. Nonexempt employees are paid on an hourly basis and are eligible to receive overtime pay for pre-approved or authorized overtime hours worked.

**Regular, full time**. Employees who are not in a temporary status and work a minimum of 30 hours weekly and maintain continuous employment status. Generally, these employees are eligible for the full-time benefits package and are subject to the terms, conditions, and limitations of each benefits program.

**Regular, part time**. Employees who are not in a temporary status and who are regularly scheduled to work less than 30 hours weekly but at least 20 hours weekly and who maintain continuous employment status. Part-time employees are eligible for some of the benefits offered by the company and are subject to the terms, conditions, and limitations of each benefits program.

I**ntroductory**. Employees who are in their first ninety (90) days of employment. Employees who satisfactorily complete the introductory period will be notified of their new employment classification. Introductory employees are only eligible for “statutory” benefits, that is  
employment benefits required by law.

**Temporary, full time**. Employees who are hired as interim replacements to temporarily supplement the workforce or to assist in the completion of a specific project and who are temporarily scheduled to work the company’s full-time schedule for a limited duration.  
Employment beyond any initially stated period does not in any way imply a change in employment status.

**Temporary, part time**. Employees who are hired as interim replacements to temporarily supplement the workforce or to assist in the completion of a specific project and who are temporarily scheduled to work at least 20 hours, but less than 30 hours, weekly, for a limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status.

# Work Week and Hours of Work

The standard workweek is from Saturday 12:00 a.m. until Friday 11:59 p.m. and generally consists of 40 work hours. Corporate office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m., with a 1 hour lunch break. Individual work schedules may vary depending on the needs of each department and the nature of operations of the employing company in the group.

# Meal and Rest Breaks

Nonexempt employees are entitled to a 30-minute meal break each day in which the employee works more than 5 hours. For nonexempt employees, meal periods will not be included in the total hours of work per day and are not compensable. Any nonexempt employee who is required to work through a meal break will be paid for the 30-minute period. Exempt employees are paid a salary regardless of the hours they work so they may choose to take breaks as needed. Nonexempt employees are entitled to two 15-minute rest periods each day. Meal and rest breaks will be scheduled by the department supervisor or manager.

# Time Records

All nonexempt employees are required to clock in and out to complete accurate weekly time reports showing all time actually worked. These records are required by governmental regulations and are used to calculate regular and overtime pay.

Exempt employees may be required to keep their supervisor informed of their location when leaving the assigned place of work for accountability purposes.

Accurately recording time worked is the responsibility of every non-exempt employee. Governmental regulations require that we keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job  
performing assigned tasks. Non-exempt employees are to accurately record the time they begin and end their work, as well as the beginning and ending time of any split shift or departure from work for personal reasons.

Tampering with, altering, or falsifying time records may result in disciplinary action, including discharge.

Your Supervisor/Manager will review the time records and attest to correctness before submitting it for payroll processing.

# Overtime

When required due to the needs of the business, you may be asked to work overtime. Overtime is actual hours worked in excess of 40 in a single workweek. Nonexempt employees will be paid overtime compensation at the rate of one and one-half their regular rate of pay for all hours over 40 actually worked in a single workweek. Paid leave, such as holiday, paid time off (PTO), bereavement time, and jury duty, does not apply toward work time. All overtime work must be approved in advance by a supervisor or manager.

Employees who work overtime without receiving prior authorization from the Supervisor/Manager may be subject to disciplinary action, up to and including possible discharge.

# Deduction from Pay/Safe Harbor Exempt Employees

As required by law, deductions are made from employees’ paychecks for Guam income taxes, social security and Medicare. All other deductions from an employees’ paycheck, except for court-ordered deductions and those required by law, or allowed by law for exempt employees, must be authorized in writing by the employee and approved by **Goodwind Development Corporation**.

**Goodwind Development Corporation** does not make improper deductions from the salaries of exempt employees and complies with the salary basis requirements of the federal and Guam Fair Labor Standards Act (FLSA). Employees classified as exempt from the overtime pay requirements of the FLSA will be notified of this classification at the time of hire or change in position.

During the week an exempt employee begins work for the company or during the last week of employment, the employee will only be paid for actual hours worked. In addition, an employee may be paid only for hours worked during a period when the employee is using unpaid leave under the Family and Medical Leave Act (FMLA).

**Improper deductions**. If an employee believes that an improper deduction has been taken from the employee’s pay, the employee should immediately report the deduction to the HR department. The report will be promptly investigated, and if it is found that an improper deduction has been made, the company will reimburse the employee for the improper deduction.

# Pay Checks

**Goodwind Development Corporation’s** pay period for all employees is biweekly on Wednesday, which may be changed with advance due notice to employees. If payday falls on a federal holiday, employees will receive their paycheck on the preceding workday. Paychecks are directly deposited into your checking and/or savings accounts.

# Access to Personal Files

Employee files are maintained by the HR department and are considered confidential. Managers and supervisors may only have access to personnel file information on a need-to-know basis. Employees may inspect their own personnel files and may copy them but may not remove documents from their file. Inspections by employees must be requested in writing to the HR department and will be scheduled at a mutually convenient time or as required under state law. Personnel files are to be reviewed in the HR department. Representatives of government or law enforcement agencies, in the course of their duties, may be allowed access to file information.

# Employment of Relatives and Domestic Partners

Relatives and domestic partners may be hired by the company if (1) the persons concerned will not work in a direct supervisory relationship, and (2) the employment will not pose difficulties for supervision, security, safety, or morale. For the purposes of this policy, “relatives” are defined as spouses, children, siblings, parents, or grandparents. A “domestic partnership” is generally defined as a committed relationship between two individuals who are sharing a home or living arrangements.

Current employees who marry each other or become involved in a domestic partnership will be permitted to continue employment with the company provided they don’t work in a direct supervisory relationship with each other or otherwise pose difficulties as mentioned above. If employees who marry or live together do work in a direct supervisory relationship with each other, the company will attempt to reassign one of the employees to another position for which the employee is qualified if such a position is available. If no such position is available, the employees will be permitted to determine which one of them will resign from the company.

# Separation from Employment

In all cases of voluntary resignation (one initiated by the employee), employees are asked to provide a written notice to their supervisor at least 10 working days in advance of the last day of work. The 10 days must be actual working days. Holidays and PTO will not be counted toward the 10-day notice. Employees who provide the requested amount of notice will be considered to have resigned in good standing and generally will be eligible for rehire.

In most cases, HR will conduct an exit meeting on or before the last day of employment to collect all company property and to discuss final pay and matters of concern. If applicable, information regarding benefits continuation through the Consolidated Omnibus Budget Reconciliation Act (COBRA) will be sent to the employee’s home address.

Should it become necessary because of business conditions to reduce the number of employees or work hours, this will be done at the discretion of the company.

# Workplace Safety

# Drug Free and Alcohol Free Work Place

It is the policy of **Goodwind Development Corporation** to maintain a drug- and alcohol-free work environment that is safe and productive for employees and others having business with the company.

The unlawful use, possession, purchase, sale, or distribution of or being under the influence of any illegal drug or controlled substance (including medical marijuana) while on company or client premises or while performing services for the company is strictly prohibited. **Goodwind Development Corporation** also prohibits reporting to work or performing services under the influence of alcohol or consuming alcohol while on duty or during work hours. In addition, **Goodwind Development Corporation** prohibits off-premises abuse of alcohol and controlled substances (including medical marijuana), as well as the possession, use, or sale of illegal drugs, when these activities adversely affect job performance, job safety, or the company’s reputation in the community.

To ensure compliance with this policy, substance abuse screening may be conducted in the following situations:

**Preemployment**: as required by the company for all prospective employees who receive a conditional offer of employment

**For cause**: upon reasonable suspicion that the employee is under the influence of alcohol or drugs that could affect or have adversely affected the employee’s job performance

**Random**: as authorized or required by federal or Guam law

Compliance with this policy is a condition of employment. Employees who test positive or who refuse to submit to substance abuse screening will be subject to termination. Notwithstanding any provision herein, this policy will be enforced at all times in accordance with applicable federal and Guam law.

Any employee violating this policy is subject to discipline, up to and including termination, for the first offense.

# Smoke Free Work Place

Smoking is not allowed in company buildings or work areas at any time. “Smoking” includes the use of any tobacco products (including chewing tobacco), electronic smoking devices, and e- cigarettes. Smoking is only permitted during break times in designated outdoor areas. Employees using these areas are expected to dispose of any smoking debris safely and properly.

# Work Violence Prevention

**Goodwind Development Corporation** is committed to providing a safe, violence-free workplace for our employees. Due to this commitment, we discourage employees from engaging in any physical confrontation with a violent or potentially violent individual or from behaving in a threatening or violent manner. Threats, threatening language, or any other acts of aggression or violence made toward or by any employee will not be tolerated. A threat may include any verbal or physical harassment or abuse; attempts to intimidate others; menacing gestures; stalking; or any other hostile, aggressive, and/or destructive actions taken for the purposes of intimidation. This policy covers any violent or potentially violent behavior that occurs in the workplace or at company-sponsored functions.

All **Goodwind Development Corporation** employees bear the responsibility of keeping our work environment free from violence or potential violence. Any employee who witnesses or is the recipient of violent behavior should promptly inform their supervisor, manager, or HR department. All threats will be promptly investigated. No employee will be subject to retaliation, intimidation, or discipline as a result of reporting a threat in good faith under this guideline. Any individual engaging in violence against the company, its employees, or its property will be prosecuted to the full extent of the law. All acts will be investigated, and the appropriate action  
will be taken. Any such act or threatening behavior may result in disciplinary action up to and including termination.

**Goodwind Development Corporation** prohibits the possession of weapons on all of its properties at all times, including our parking lots or company vehicles. Additionally, while on duty, employees may not carry a weapon of any type. Weapons include, but are not limited to, handguns, rifles, automatic weapons, knives that can be used as weapons (excluding pocketknives, utility knives, and other instruments that are used to open packages or cut string and for other miscellaneous tasks), martial arts paraphernalia, stun guns, and tear gas. Any employee violating this policy is subject to discipline up to and including dismissal for the first offense.

The company reserves the right to inspect all belongings of employees on its premises, including packages, briefcases, purses and handbags, gym bags, and personal vehicles on company property. In addition, **Goodwind Development Corporation** may inspect the contents of lockers, storage areas, file cabinets, desks, and workstations at any time and may remove all company property and other items that are in violation of company rules and policies.

# Commitment to Safety

Protecting the safety of our employees and visitors is the most important aspect of running our business. All employees have the opportunity and responsibility to contribute to a safe work environment by using common sense rules and safe practices and by notifying management when any health or safety issues are present. All employees are encouraged to partner with management to ensure maximum safety for all.

In the event of an emergency, notify the appropriate emergency personnel by dialing 911 to activate the medical emergency services and law enforcement.

Any workplace injury, accident, or illness must be reported to the employee's supervisor as soon as possible, regardless of the severity of the injury or accident.

# Emergency Closing

**Goodwind Development Corporation** will always make every attempt to be open for business. In situations in which some employees are concerned about their safety, management may advise supervisors to notify their departments that the office is not officially closed, but employees may choose to leave the office if they feel uncomfortable.

If the office is officially closed during the course of the day to permit employees to leave early, nonexempt employees who are working on-site as of the time of the closing will be paid for a full day. If you leave earlier than the official closing time, you will be paid only for actual hours worked, or you can take PTO time. Exempt employees will be paid for a normal full day but are expected to complete their work at another time.

# Visitors

In order to maintain security and safety for our employees, **Goodwind Development Corporation** has the following policy with respect to visitors:

All visitors must check in with the receptionist, must wear a visitor's badge, and must be escorted by an employee.

This policy applies to anyone who is not an active employee, including employees on leave, former employees, vendors, and suppliers.

Generally, friends and family members are not permitted to visit employees at the workplace.

When employees have any doubt whether a person can visit, they should contact the HR department.

# Workplace Guidelines

# Attendance

All employees are expected to arrive on time, ready to work, every day they are scheduled to work.

If unable to arrive at work on time, or if an employee will be absent for an entire day, the employee must contact the supervisor as soon as possible. Voicemail, text, and e-mail messages are not acceptable except in certain emergency circumstances. Excessive absenteeism or tardiness will result in discipline up to and including termination. Failure to show up or call in for a scheduled shift without prior approval also may result in discipline up to and including termination. If an employee fails to report to work or call in to inform the supervisor of the absence for 3 consecutive days or more, the employee will be considered to have voluntarily resigned employment.

Late arrival, early departure and other personal absences are disruptive and should be avoided. If you cannot avoid being late or you will not be able to report to work, you should notify your manager/supervisor and the Human Resources Office at least two (2) hours before your regular schedule. When employees are found abusing their schedule, **Goodwind Development Corporation** may consider counseling, disciplinary action, or dismissal.

Your manager/supervisor and the Human Resources Office will make a note of any absence or tardiness, and the reason. Your attendance record will be considered when evaluating requests for promotions, transfers, leaves of absence, and approved time off, as well as scheduling layoffs.

# Job Performance

Communication between employees and supervisors or managers is very important. Discussions regarding job performance are ongoing and often informal. Employees should initiate conversations with their supervisors if they feel additional ongoing feedback is needed.

Generally, formal performance reviews are conducted annually. These reviews include a written performance appraisal and discussion between the employee and the supervisor about job performance and expectations for the coming year.

# Outside Employment

Employees generally are permitted to work a second job as long as it does not interfere with their job performance or create a conflict of interest with **Goodwind Development Corporation**. All employees, including part-time employees, must obtain prior approval from the HR department before undertaking any outside employment or other work activity.

Employees with a second job are expected to work their assigned schedules. A second job will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to work overtime or different hours. In addition, employees who have accepted outside employment may not use paid sick time to work on the outside job. However, an employee on a leave of absence may continue to work in the outside job if this employment has been approved by the company under this policy and the employee’s reason for leave does not preclude the outside employment.

If outside work activity causes or contributes to job-related problems, it must be discontinued, or the employee may be subject to disciplinary action up to and including termination.

# Dress and Grooming

**Goodwind Development Corporation** provides a casual yet professional work environment for its employees. Even though the dress code is casual, it is important to project a professional image to our customers, visitors, and coworkers. All employees are expected to dress in a manner consistent with good hygiene, safety, and good taste. Please use common sense.

Certain employees may be required to meet special dress and grooming, such as wearing uniforms or safety equipment/clothing, depending on the nature of their job. Any questions or complaints regarding the appropriateness of attire should be directed to the HR department. Decisions regarding attire will be made by the HR department and not by individual departments or managers.

# Uniforms

We provide uniforms that certain employees must wear while at work. In the event a uniform is lost, damaged or not returned upon separation from the company, the cost will be the responsibility of the employee.

# Identification Badge and Access Card

Identification Badges and Access Cards remain the property of **Goodwind Development Corporation** and must be surrendered upon termination of employment. Identification Badges and Access Cards may not be handed, transferred or be used by anyone except the person to whom the badge or card is issued. The failure to follow this policy may result in discipline up to and including termination.

Your badge must be worn at all times while on the company premises, or when conducting business in work areas to which you are not regularly assigned. In the event an Identification Badge or Access Card is lost, damaged or not returned upon separation from the company, the cost will be the responsibility of the employee.

# Social Media Acceptable Use

**Goodwind Development Corporation** encourages employees to share information with coworkers and with those outside the company for the purposes of gathering information, generating new ideas, and learning from the work of others. Social media provides inexpensive, informal, and timely ways to participate in an exchange of ideas and information. However, information posted on a website is available to the public, and therefore, the company has established the following guidelines for employee participation in social media.

**Note**: As used in this policy, “social media” refers to blogs, forums, and social networking sites, such as Twitter, Facebook, LinkedIn, YouTube, Instagram, TikTok, and Snapchat, among others.

**Off-duty use of social media**. Employees may maintain personal websites or weblogs on their own time using their own facilities. Employees must ensure that social media activity does not interfere with their work. In general, the company considers social media activities to be personal endeavors, and employees may use them to express their thoughts or promote their ideas. In addition, employees may not post on a personal blog or webpage or participate on a social networking platform for personal purposes during work time or at any time with **Goodwind Development Corporation** equipment or property.

**On-duty use of social media**. Employees may engage in social media activity during work time provided it is directly related to their work and approved by their manager and does not identify or reference company clients, customers, or vendors without express permission. The company monitors employee use of company computers and the Internet, including employee blogging and social networking activity.

**Respect**. Demonstrate respect for the dignity of the company, its owners, its customers, its vendors, and its employees. A social media site is a public place, and employees should avoid inappropriate comments. For example, employees should not divulge **Goodwind Development Corporation** confidential information such as trade secrets, client lists, or information restricted from disclosure by law on social media sites. Similarly, employees should not engage in harassing or discriminatory behavior that targets other employees or individuals because of their protected class status or make defamatory comments or engage in other behavior that violates the company’s policies.

**Post disclaimers**. Employees who identify themselves as company employees or discuss matters related to the company on a social media site must include a disclaimer on the front page stating that it does not express the views of the company and that the employees are expressing only personal views—for example: “The views expressed on this website/Weblog are mine alone and do not necessarily reflect the views of my employer.” Place the disclaimer in a prominent position, and repeat it for each posting expressing an opinion related to the company or the company’s business. Employees must keep in mind that if they post information on a social media site that is in violation of company policy and/or federal, state, or local law, the disclaimer will not shield them from disciplinary action.

**Competition**. Employees should not use social media to criticize the company’s competition and should not use it to compete with the company.

**Confidentiality**. Do not identify or reference company clients, customers, or vendors without express permission. Employees may write about their jobs in general but may not disclose any confidential or proprietary information. For examples of confidential information, please refer to the confidentiality policy. When in doubt, ask before publishing.

**New ideas**. Please remember that new ideas related to work or the company’s business belong to the company. Do not post them on a social media site without the company’s permission.

**Trademarks and copyrights**. Do not use the company’s or others’ trademarks on a social media site or reproduce the company’s or others’ material without first obtaining permission.

**Avoid statements about the company’s future**. Do not write about projected growth, sales and profits, future products or services, marketing plans, etc. without the company’s permission.

**Legal**. Employees are expected to comply with all applicable laws, including, but not limited to, Federal Trade Commission (FTC) guidelines and copyright, trademark, and harassment laws.

**Company restrictions**. The company may require that employees temporarily confine social media commentary to topics unrelated to the company or that employees temporarily suspend such activity to ensure compliance with government regulations or other laws. The company may also require employees to delete references to it on a website or Web log and to stop identifying themselves as employees of the company.

**Discipline**. Violations of this policy may result in discipline up to and including immediate termination of employment.

Nothing in this policy is meant to, nor should it be interpreted to, in any way limit your rights under any applicable federal, state, or local laws, including your rights under the NLRA to engage in protected concerted activities with other employees to improve or discuss terms and conditions of employment, such as wages, working conditions, and benefits. Employees have the right to engage in or refrain from such activities.

# Bulletin Boards

All required governmental postings are posted on the boards located throughout the company. These boards may also contain general announcements.

Employees may submit to HR notices of general interest, such as for-sale notices; recreational-type announcements and/or club functions (e-mail should not be used for the aforementioned); postcards; expressions of gratitude or sympathy; and notices looking for/offering carpools, tickets, roommates, or pets. HR approves, posts, and takes down all notices. All notices posted by employees will be removed after 2 weeks unless otherwise stipulated. The company reserves the right to refuse permission to post or to take down any announcement.

Nothing in this policy is meant to, nor should it be interpreted to, in any way limit your rights under any applicable federal, state, or local laws, including your rights under the NLRA to engage in protected concerted activities with other employees to improve or discuss terms and conditions of employment, such as wages, working conditions, and benefits. Employees have the right to engage in or refrain from such activities.

# Solicitation

Employees should be able to work in an environment that is free from unnecessary annoyances and interference with their work. In order to protect our employees and visitors, solicitation by employees is strictly prohibited while either the employee being solicited or the employee doing the soliciting is on “working time.” “Working time” is defined as time during which an employee is not at a meal, on break, or on the premises immediately before or after a shift.

Employees are also prohibited from distributing written materials, handbills, or any other type of literature on working time and, at all times, in “working areas,” which include all office areas. “Working areas” do not include break rooms, parking lots, or common areas shared by employees during nonworking time.

Nonemployees may not trespass or solicit or distribute materials anywhere on company property at any time.

Nothing in this policy is meant to, nor should it be interpreted to, in any way limit your rights under any applicable federal, state, or local laws, including your rights under the NLRA to engage in protected concerted activities with other employees to improve or discuss terms and conditions of employment, such as wages, working conditions, and benefits. Employees have the right to engage in or refrain from such activities.

# Computer, Internet, E-mail and Other Resources

The company provides a wide variety of communication tools and resources to employees for use in running day-to-day business activities. Whether it is the telephone, voicemail, scanner, Internet, intranet, e-mail, text messaging, portable electronic devices, or any other company-provided technology, use should be reserved for business-related matters during working hours. All communication using these tools should be handled in a professional and respectful manner. Employees should not have any expectation of privacy in their use of company computer, phone, portable electronic devices, or other communication tools. All communications made using company-provided equipment or services, including e-mail and Internet activity, are subject to inspection by the company. Employees should keep in mind that even if they delete an e-mail, a voicemail, or another communication, a copy may be archived on the company’s systems.

Employee use of company-provided communication systems, including personal e-mail and Internet use, that is not job-related has the potential to drain, rather than enhance, productivity and system performance. You should also be aware that information transmitted through e-email and the Internet is not completely secure or may contain viruses or malware, and information you transmit and receive could damage the company’s systems, as well as the reputation and/or competitiveness of the company. To protect against possible problems, delete any e-mail messages before opening that are received from unknown senders and advertisers. It also is against company policy to turn off antivirus protection software or make unauthorized changes to system configurations installed on company computers. Violations of this policy may result in termination for a first offense.

The company encourages employees to use e-mail only to communicate with fellow employees, suppliers, customers, or potential customers regarding company business. Internal and external e-mails are considered business records and may be subject to federal and state recordkeeping requirements, as well as to discovery in the event of litigation. Be aware of this possibility when sending e-mails within and outside the company.

All use of company-provided communications systems, including e-mail and Internet use, should conform to our company guidelines/policies, including but not limited to the Equal Opportunity, Harassment, Confidential Information, and Conflicts of Interest. So, for example, employees should not engage in harassing or discriminatory behavior that targets other employees or individuals because of their protected class status or make defamatory comments. Similarly, employees should not divulge confidential information such as trade secrets, client lists, or information restricted from disclosure by law on social media sites.

Because e-mail, telephone and voicemail, and Internet communication equipment are provided for company business purposes and are critical to the company’s success, your communications may be accessed without further notice by IT department administrators and company management to ensure compliance with this guideline.

The electronic communication systems are not secure and may allow inadvertent disclosure, accidental transmission to third parties, etc. Sensitive information should not be sent via unsecured electronic means.

Employees should pay particular care to the use and security of portable electronic devices when used for business-related purposes, such as laptops, tablets, smartphones, and other data storage media, whether provided by the employer or the employee. Lost or stolen portable electronic devices containing company information may cause breaches of security that result in the loss of company confidential commercial data, the loss of vital research data, the unauthorized disclosure of sensitive employee data, lawsuits against the individual, and lawsuits against the company. Employees should use appropriate password protections for such devices and physically secure them as recommended by IT department administrators.

Office telephones are for business purposes. While the company recognizes that some personal calls are necessary, these should be kept as brief as possible and to a minimum. Personal use of the company’s cell phones, long-distance account, or toll-free numbers is strictly prohibited. Abuse of these privileges is subject to corrective action up to and including termination.

The company reserves the right to monitor customer calls to ensure employees abide by company quality guidelines and provide appropriate levels of customer service. Should the subject matter of any telephone conversation become personal while monitoring is taking place, monitoring of the call will immediately be discontinued.

Nothing in this policy is meant to, nor should it be interpreted to, in any way limit your rights under any applicable federal, state, or local laws, including your rights under the NLRA to engage in protected concerted activities with other employees to improve or discuss terms and conditions of employment, such as wages, working conditions, and benefits. Employees have the right to engage in or refrain from such activities.

# Disciplinary Procedures

The company expects employees to comply with the company’s standards of behavior and performance and to correct any noncompliance with these standards.

Under normal circumstances, the company endorses a policy of progressive discipline in which it attempts to provide employees with notice of deficiencies and an opportunity to improve. It does, however, retain the right to administer discipline in any manner it sees fit. This policy does not modify the status of employees as employees at will or in any way restrict the company’s right to bypass the disciplinary procedures suggested.

The following steps are suggested in the discipline procedure. All steps should be documented in the employee’s personnel file.

Step 1: Informal Discussion. When a performance problem is first identified, the nature of the problem and the action necessary to correct it should be thoroughly discussed with the employee. The employee may be informed that failure to correct the problem will result in further disciplinary action that may include discharge.

Step 2: Reprimand. If satisfactory performance and corrective action are not achieved, the supervisor and a representative from the HR department should meet with the employee in private and proceed to issue a reprimand notice to the employee.

Step 3: Suspension. Supervisors have the authority to temporarily remove employees from the workplace, with or without pay, if approved in advance by senior management. An exempt employee generally may not be suspended without pay for less than a full day, and the suspension must be related to written workplace conduct rules applicable to all employees, such as a written policy prohibiting sexual harassment or workplace violence.

Step 4: Failure to improve. Failure to improve performance or behavior after the written warning or suspension can result in termination.

The progressive disciplinary procedures described above also may be applied to an employee who is experiencing a series of unrelated problems involving job performance or behavior.

In cases involving serious misconduct, or any time the supervisor determines it is necessary, such as a major breach of policy or violation of law, the procedures contained above may be disregarded. Typically, the supervisor should suspend the employee immediately (with or without pay), and an investigation of the incidents leading up to the suspension should be conducted to determine if any further action, such as termination, should be taken.

# Time off and Leaves of Absences

# Holidays

The company observes and allows time off with pay for the following holidays:  
 • New Year’s Day  
 • Good Friday  
 • Memorial Day  
 • Independence Day  
 • Liberation Day  
 • Labor Day  
 • Thanksgiving Day  
 • Christmas Day

Any additional holidays will be designated by the company at the start of each calendar year.

If one of these holidays falls on a Sunday, it will be observed on the following Monday. If the holiday falls on a Saturday, the company will select either the following Monday or the preceding Friday as a substitute holiday. The company reserves the right to pay eligible employees in lieu of time off if the holiday falls on Saturday.

**Holiday pay**. Full-time regular employees are eligible for holiday pay. Hourly nonexempt employees become eligible after they hve been actively with the company for 3 months. Exempt salaried employees may receive holiday pay immediately upon joining the company. Part-time and temporary employees, including summer employees, are not eligible for holiday pay.

Holiday pay shall be at the employee’s regular straight-time rate, inclusive of shift premiums, times the employee’s regularly scheduled hours (not to exceed 8 hours).

To receive holiday pay, an eligible nonexempt employee must be at work or taking an approved absence on the workdays immediately preceding and immediately following the day on which the holiday is observed. An approved absence is a day of paid vacation or paid sick leave. If an employee is absent on 1 or both of these days because of an illness or injury, the company may require verification of the reason for the absence before approving holiday pay.

**Religious observances**. Employees who need time off to observe religious practices or holidays not already scheduled by the company should speak with their supervisor. Depending upon business needs, the employee may be able to work on a day that is normally observed as a holiday and then take time off for another religious day. Employees may also be able to switch a scheduled day with another employee, take vacation time, or take off unpaid days. The company will seek to reasonably accommodate individuals’ religious observances.

# Vacation

**Goodwind Development Corporation** recognizes the importance of time off from work to relax, spend time with family, and enjoy leisure activities. The company provides paid vacation time to full-time employees for this purpose, and employees are encouraged to take vacation during the year. Part-time employees who are regularly scheduled to work 20 or more hours per week will be eligible for paid vacation on a pro rata schedule.

Full-time employees will accrue paid vacation according to the following schedule (annual totals should be rounded to the nearest whole day):

<table border="1" id="bkmrk-service-period%C2%A0-mont" style="border-collapse: collapse; width: 100%; height: 118.4px;"><colgroup><col style="width: 50%;"></col><col style="width: 50%;"></col></colgroup><tbody><tr style="height: 29.6px;"><td style="height: 29.6px;"><span style="text-decoration: underline;">**Service Period** </span></td><td style="height: 29.6px;"><span style="text-decoration: underline;">**Monthly Vacation Accrual**</span></td></tr><tr style="height: 29.6px;"><td style="height: 29.6px;">First Calendar Year </td><td style="height: 29.6px;">5/12 (.42) Days (up to a maximum of 5 days)</td></tr><tr style="height: 29.6px;"><td style="height: 29.6px;">Calendar Years 2–6 </td><td style="height: 29.6px;">10/12 (.83) Days (up to a maximum of 10 days)</td></tr><tr style="height: 29.6px;"><td style="height: 29.6px;">Calendar Years 7 and over</td><td style="height: 29.6px;">1 and 1⁄4 (1.25) Days (up to a maximum of 15 days)</td></tr></tbody></table>

Employees may not take paid vacation until they actually have earned or accrued the vacation time. New employees accrue paid vacation at the start of employment but may not take any vacation until they have completed at least 6 months of employment.

Generally, employees should submit vacation plans to their supervisor at least 4 weeks in advance of the requested vacation date. Vacation may be scheduled in increments of 1 full workday up to a maximum of 2 weeks in a row. Managers have the right to designate when some or all of vacations must be taken.

Vacation should be used in the year it is earned. Employees will be permitted to carry over up to 5 days of accrued vacation to the following calendar year, but the carryover vacation must be used by December 31 of the following year. Unused vacation will be forfeited.

Employees whose employment terminates will be paid for unused vacation time that has accrued during the calendar year of the termination.

# Sick Leave

**Goodwind Development Corporation** provides regular, full-time, and part-time employees with paid sick days. Employees become eligible for sick days after completing 3 months of employment.

If you must be absent from work for sick leave, full-time employees will accrue paid sick leave at 5/12 (.42) Days per month, for up to five (5) days per calendar year.

Sick days are not intended to be used as a substitute for vacation days, but sick days may be used if an employee needs to provide care for a family member who is ill. Sick days may also be used if an employee needs time off for scheduled medical procedures.

Unused sick days may not be accumulated from year to year.

If the need for sick leave is foreseeable, employees are required to give at least 30 days’ advance notice (e.g., a planned medical treatment) whenever possible. If the need for sick leave is not foreseeable, employees are asked to notify their supervisor as soon as is practical.

If an employee misses 2 or more consecutive days because of illness, **Goodwind Development Corporatio**n may require the employee to provide a physician’s written permission to return to work.

Except as required by Guam law, unused sick days are forfeited when an employee’s employment ends for any reason.

# Family Medical Leave

**Goodwind Development Corporation** complies with the federal and Guam FMLA, which requires employers to grant unpaid leaves of absence to qualified workers for certain medical and family-related reasons.. The more generous of the laws will apply to the employee if the employee is eligible under both the federal and Guam FMLA.

Please note there are many requirements, qualifications, and exceptions under these laws, and each employee’s situation is different. Contact the HR department to discuss options for leave.

The Guam FMLA requires private employers with 20 or more employees and all public agencies, including state, local, and federal employers, and local education agencies (schools) to provide eligible employees up to 12 weeks of unpaid, job-protected leave in any 12-month period for certain family and medical reasons. The 12-month period is a rolling period measured backward from the date an employee uses any FMLA leave, except for leaves to care for a covered servicemember with a serious illness or injury. For those leaves, the leave entitlement is 26 weeks in a single 12-month period measured forward from the date an employee first takes that type of leave.

**Basic leave entitlement**. The FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: (1) for incapacity due to pregnancy, prenatal medical care, or childbirth; (2) to care for the employee’s child after birth or placement for adoption or foster care; (3) to care for the employee’s spouse, child, or parent who has a serious health condition; (4) for a serious health condition that makes the employee unable to work; (5) to find/enroll the employee’s child in school or childcare, participate in school activities or address school or childcare emergencies (40 hours maximum per year); or (6) for bereavement upon the death of a family member (14 days maximum per  
year).

**Military family leave entitlements**. Eligible employees with a spouse, child, or parent on active duty or called to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include addressing issues that arise from (1) short notice of deployment (limited to up to 7 days of leave); (2) attending certain military events and related activity; (3) arranging child care and school activities; (4) addressing certain financial and legal arrangements; (5) attending certain counseling sessions; (6) spending time with covered military family members on short-term temporary rest and recuperation leave (limited to up to 5 days of leave); (7) attending post deployment reintegration briefings; (8) arranging care for or providing care to a parent who is incapable of self-care; and (9) any additional activities agreed upon by the employer and employee that arise out of the military member’s active duty or call to active duty.

The FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the armed forces, including a member of the National Guard or reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of the servicemember’s office, grade, rank, or rating and for which the servicemember is undergoing medical treatment, recuperation, or therapy; is in outpatient status; or is on the temporary disability retired list.

**Benefits and protections during FMLA leave**. During FMLA leave, the company will maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees will be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. However, an employee on FMLA leave does not have any greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period.

Certain highly compensated key employees also may be denied reinstatement when necessary to prevent “substantial and grievous economic injury” to the company’s operations. A “key” employee is an eligible salaried employee who is among the highest-paid 10 percent of the company’s employees within 75 miles of the worksite. Employees will be notified of their status as key employees, when applicable, after they request FMLA leave.

Use of FMLA leave cannot result in the loss of any employment benefit that accrued before the start of an employee’s leave.

**Employee eligibility**. The FMLA defines eligible employees as employees who (1) have worked for the company for at least 12 months; (2) have worked for the company for at least 1,000 hours in the previous 12 months; and (3) work for a company that has 20 or more employees.

**Definition of “serious health condition.”** A serious health condition is an illness, an injury, an impairment, or a physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a healthcare provider for a condition that either prevents the employee from performing the functions of the employee’s job or prevents the qualified family member from participating in school, work, or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least 2 visits to a healthcare provider or 1 visit and a regimen of continuing treatment, incapacity due to  
pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of “continuing treatment.”

**Use of leave**. An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced work schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies also may be taken on an intermittent or a reduced work schedule basis.

**Substitution of paid leave for unpaid leave**. Employees may choose or employers may require the use of accrued paid leave while taking FMLA leave. Accordingly, the company requires employees to use any accrued paid vacation, personal, and sick days during an unpaid FMLA leave taken because of the employees’ own serious health condition or the serious health condition of a family member or to care for a seriously ill or injured family member in the military. In addition, employees must use any accrued paid vacation or personal days (but not sick days) during FMLA leave taken to care for a newborn or newly placed child or for a qualifying exigency arising out of  
a family member’s active duty or call to active duty status in support of a contingency operation. In order to use paid leave for FMLA leave, employees must comply with the company’s normal paid leave procedures found in its Vacation and Sick Leave policies.

**Employee responsibilities**. Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, employees must provide notice as soon as practicable and generally must comply with the company’s normal call-in procedures. The company may delay leave to employees who do not provide proper advance notice of the foreseeable need for leave, absent unusual circumstances preventing the notice.

Employees must provide sufficient information for the company to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a healthcare provider, or circumstances supporting the need for military family leave.

Employees also must inform the company if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also are required to provide a certification and periodic recertification supporting the need for leave. The company also may require a second and, if necessary, a third opinion (at the company’s expense) and, when the leave is a result of the employee’s own serious health condition, a fitness-for-duty report to return to work. The company also may delay or deny approval of leave for lack of proper medical certification.

**Company responsibilities**. The company will inform employees requesting leave whether they are eligible under the FMLA. If they are, the notice will specify any additional information required, as well as the employees’ rights and responsibilities. If employees are not eligible, the company will provide a reason for the ineligibility.

The company will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employees’ FMLA leave entitlement. If the company determines that the leave is not FMLA-protected, the company will notify the employees.

Other provisions. Under an exception to the FLSA in the FMLA regulations, hourly amounts may be deducted for unpaid leave from the salary of executive, administrative, and professional employees; outside sales representatives; certain highly skilled computer professionals; and certain highly compensated employees who are exempt from the minimum wage and overtime requirements of the FLSA, without affecting the employees’ exempt status. This special exception to the “salary basis” requirements for the FLSA’s exemptions extends only to eligible employees’ use of FMLA leave.

Employees may not perform work for self-employment or for any other employer during an approved leave of absence, except when the leave is for military or public service or when the company has approved the employment under its Outside Employment policy and the employees’ reason for FMLA leave does not preclude the outside employment.

**Unlawful acts by employers**. The FMLA makes it unlawful for any employer (1) to interfere with, restrain, or deny the exercise of any right provided under the FMLA or (2) to discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA.

**Enforcement**. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.

# Military Leave

**Goodwind Development Corporation** supports the military obligations of all employees and grants leaves for uniformed service in accordance with applicable federal and state laws. Any employee who needs time off for uniformed service should immediately notify the HR department and the employee’s supervisor, who will provide details regarding the leave. If an employee is unable to provide notice before leaving for uniformed service, a family member should notify the supervisor as soon as possible.

Upon return from military leave, employees will be granted the same seniority, pay, and benefits as if they had worked continuously. Failure to report for work within the prescribed time after completion of military service will be considered a voluntary termination.

All employees who enter military service may accumulate a total absence of 5 years and still retain employment rights.

# Paid Bereavement Leave

Employees with more than 3 months’ service may take up to 3 days of paid bereavement leave upon the death of a member of their immediate family. If travel time abroad is required, up to five (5) consecutive work days, forty (40) work hours of leave may be granted. Three (3) of the five (5) days will be given as paid time.

“Immediate family members” are defined as an employee’s spouse, domestic partner, parents, stepparents, siblings, children, stepchildren, grandparent, parent-in-law, brother-in-law, sister- in-law, son-in-law, daughter-in-law, or grandchild.

The company may require verification of the need for the leave. The employee’s supervisor and HR will consider this time off on a case-by-case basis.

Payment for bereavement leave is computed at the regular hourly rate to a maximum of 8 hours for 1 day. Time off granted in accordance with this policy shall not be credited as time worked for the purpose of computing overtime.

# Jury Duty / Court Appearance

The company supports employees in their civic duty to serve on a jury. Employees must present any summons to jury duty to their supervisor as soon as possible after receiving the notice to allow advance planning for an employee’s absence.

Nonexempt employees will not be compensated by the company for jury duty. Exempt employees will receive full salary for any week in which any work is performed while the exempt employee is on jury duty. All employees may use any accrued time off if required to serve on a jury.

If an employee is released from jury duty after 4 hours or less of service, the employee must report to work for the remainder of that workday.

Time for appearance in court for personal business will be the individual employee’s responsibility. Normally, personal days or vacation days will be used for this purpose.

# Time Off For Voting

**Goodwind Development Corporation** recognizes that voting is a right and privilege of being a citizen of the United States and encourages employees to exercise their right to vote. In almost all cases, you will have sufficient time outside working hours to vote. If for any reason you think this won’t be the case, contact your supervisor to discuss scheduling accommodations.

# Employee Benefits

**Goodwind Development Corporation**<span> recognizes the value of benefits to employees and their families. The company supports employees by offering a comprehensive and competitive benefits program. For more information regarding benefit programs, please contact the Human Resources department. To the extent the information provided here conflicts with the full plan document, the full plan document will control.</span>

# Medical, Dental, and Vision Insurance

Full-time employees working 30 hours or more per week are eligible for insurance on the first of the month following 90 days introductory period or when converted to regular, full-time status. To keep coverage in force, every insured employee must work a minimum of 30 hours per week.

# Group Life Insurance

**Goodwind Development Corporation** provides life insurance for full-time employees who work a minimum of 30 hours per week. Employees are eligible for this benefit on the first of the month following 90 days introductory period or when converted to regular, full-time status. Details about this insurance may be obtained from the Human Resources Department.

# Supplemental Insurance

The company offers supplemental insurance to all regular, full-time employees. Employees are eligible for this benefit on the first of the month following 90 days introductory period or when converted to regular, full-time status. This is a voluntary benefit and is funded by the employee. Details about this insurance may be obtained from the Human Resources Department.

# 401(k) Plan

**Goodwind Development Corporation** recognizes the importance of saving for retirement and offers eligible employees a 401(k) plan. Eligibility, vesting, and all other matters relating to these plans can be obtained from the Human Resources Department.

# Worker's Compensation

Workers’ compensation is a “no-fault” system that provides compensation for medical expenses and wage losses to employees who are injured or who become ill because of employment.

**Goodwind Development Corporation** pays the entire cost of workers’ compensation insurance. The insurance provides coverage for related medical and rehabilitation expenses and a portion of lost wages to employees who sustain an injury on the job.

The company abides by all applicable workers’ compensation laws and regulations. If an employee sustains a job-related injury or illness, it is important to notify the supervisor and HR immediately. The supervisor will complete an injury report with input from the employee and return the form to the HR department. HR will file the claim with the insurance company. In cases of true medical emergencies, report to the nearest emergency room.

Workers’ compensation benefits (paid or unpaid) will run concurrently with FMLA leave, if applicable, where permitted by Guam and federal law. In addition, employees will not be paid vacation or sick leave for approved absences covered by the company’s workers’ compensation program, except to supplement the workers’ compensation benefits such as when the plan only covers a portion of the employees’ salary as allowed by Guam or federal law.

# Employee Handbook Acknowledgement and Receipt

# Employee Handbook Acknowledgment and Receipt Template

I hereby acknowledge receipt of the employee handbook of **Goodwind Development Corporation**. I understand and agree that it is my responsibility to read and comply with the policies in the handbook.

I understand that the handbook and all other written and oral materials provided to me are intended for informational purposes only. The handbook, company practices, and other communications do not create an employment contract or term. I understand that the policies and benefits, both in the handbook and those communicated to me in any other fashion, are subject to interpretation, review, removal, and change by management at any time without notice.

I further understand that I am an at-will employee and that neither this document nor any other communication shall bind the company to employ me now or hereafter and that my employment may be terminated by me or the company without reason at any time. I understand that no representative of the company has any authority to enter into any agreement for employment for any specified period of time or to assure any other personnel action or to assure any benefits or terms or conditions of employment or make any agreement contrary to the foregoing.

I also understand and agree that this agreement may not be modified orally and that only the president of the company may make a commitment for employment. I also understand that if such an agreement is made, it must be in writing and signed by the president of the company.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_  
Employee’s Name in Print

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_  
Signature of Employee

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_  
Date Signed by Employee

**TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE**

# Employee Acknowledgement and Receipt of Harassment Policy

# Employee Acknowledgement and Receipt of Harassment Policy Template

I have read and understand the company’s Harassment Policy. My signature below confirms my knowledge, acceptance, and agreement to comply with the policy.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_  
Employee’s Name in Print

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_  
Signature of Employee

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_  
Date Signed by Employee

**TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE**