EQUAL EMPLOYMENT OPPORTUNITY
It is the policy of NNN to grant Equal Employment Opportunities to all qualified persons without regard to race, color, sex, religion, creed, age, national origin, ancestry, citizenship status, marital status, physical or mental disability, sexual orientation, veteran’s status, genetic information, or any other conditions or identifications against which discrimination is prohibited by applicable federal, state, or local laws. We provide equal opportunities in employment, training, promotions, wages, benefits and all other privileges, terms and conditions of employment.
We will endeavor to make a reasonable accommodation to the known physical or mental limitations of qualified employees with disabilities unless the accommodation would impose an undue hardship on the operation of our business. Additionally, we respect the sincerely held religious beliefs and practices of all employees and will endeavor to make a reasonable accommodation if those sincerely held religious beliefs or practices conflict with an employee’s job unless the accommodation would impose an undue hardship on the operation of our business.
Employees with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of Human Resources. We will not allow any form of retaliation against employees who raise issues of equal employment opportunity in good faith. To ensure our workplace is free of artificial barriers, violation of this policy may result in disciplinary action, up to and including discharge.
It is the policy of National Retail Properties to prohibit sexual harassment of one associate by another associate, supervisor or third party. Unwelcome sexual advances or other instances of verbal or physical conduct of a sexual nature are prohibited under this policy if: (1) if submission to such conduct is either explicitly or implicitly made a term or work condition of employment, or a basis for any employment decision affecting the individual, otherwise known as quid pro quo or (2) if such behavior creates a hostile or offensive environment.
Conduct considered as sexual harassment may include, but is not limited to:
- Verbal statements or physical conduct of a sexual nature
- Unwelcome sexual advance or proposition for flirtations
- Comments about an individual’s body, or language used to describe an individual
- Sexually-related comments, and depending upon the circumstances, improper conduct also can include sexual joking;
- Display in the work place of sexual, suggestive or explicit objects or pictures
- Verbal or physical conduct of a sexual nature, such as uninvited touching of a sexual nature;
- Vulgar or offensive conversation or jokes;
- Conversation about an employee’s or someone else’s sex life; or
- Teasing or other conduct directed toward a person because of his or her sex or gender which is sufficiently severe or pervasive to create an unprofessional and hostile working environment.
The Company considers sexual harassment a serious matter; all reported incidents will be investigated as the Company deems appropriate. Employees are required to cooperate in all investigations. If the Company finds that an associate has violated this policy, he or she will be subject to discipline up to and including termination. If the Company finds that a third party has violated this policy, appropriate steps will be taken to monitor subsequent compliance with the policy.
Supervisors charged with the responsibility to investigate each alleged instance of sexual harassment shall make every effort to assure that complaints of harassment are resolved promptly and confidentially (though confidentiality cannot be guaranteed). In addition, the Company will not allow any form of retaliation against individuals who report unwelcome conduct to management in good faith or who cooperate in the investigations of such reports in accordance with this policy. Employees who make complaints in bad faith may be subject to disciplinary action, up to and including discharge.
PROHIBITION AGAINST ALL OTHER HARASSMENT
Our commitment to Equal Employment Opportunity includes opposition to all forms of intentional and unintentional harassment on the basis of race, color, religion, creed, age, national origin, ancestry, citizenship status, marital status, physical or mental disability, AIDS/HIV, sexual orientation, veteran’s status, genetic information, sickle cell trait, or any other conditions or identifications against which discrimination is prohibited by applicable federal, state, or local laws (“protected characteristics”). As part of this commitment, National Retail Properties requires that all associates have a clear understanding of their individual responsibilities in meeting the Company’s standards of professionalism. National Retail Properties maintains a zero tolerance policy prohibiting harassment. Everyone is held accountable for the manner in which they communicate. Therefore, it is the responsibility of each associate to ensure that the Company is free of any intentional and unintentional harassment.
Any associate who believes they have been subjected to harassment is encouraged to report such incidents to his or her supervisor, department head or a Human Resource representative. You can be assured your disclosure will be treated with confidence, though confidentiality cannot be guaranteed, and that all reported incidents will be investigated as the Company deems appropriate. Employees are required to cooperate in all investigations. If the Company finds that an associate has violated this policy he or she will be subject to discipline up to and including termination. In addition, the Company will not allow any form of retaliation against individuals who report unwelcome conduct to management in good faith or who cooperate in the investigations of such reports in accordance with this policy. Employees who make complaints in bad faith may be subject to disciplinary action, up to and including discharge.
DOMESTIC VIOLENCE LEAVE
Associates may be granted up to 3 days of leave in any 12-month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual assault. This leave may be used to:
- Seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence, or sexual violence;
- Obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence or sexual assault;
- Obtain services from a victim-services organization, including, but not limited to, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence or sexual assault;
- Make your home secure from the perpetrator of the domestic violence or sexual assault or to seek new housing to escape the perpetrator; or
- Seek legal assistance in addressing issues arising from the act of domestic violence or sexual assault or to attend and prepare for court related proceedings arising from the act of domestic violence or sexual assault.
Except in cases of imminent danger to the health or safety of you or your family or household member, you must provide appropriate advance notice of the need for leave along with sufficient documentation of the act of domestic violence or sexual assault. This documentation may include copies of restraining orders, police reports, orders to appear in court, etc.
Associates have the option of using accrued days in their Extended Leave Bank (ELB) to cover leave under this policy.
FAMILY MEDICAL LEAVE
National Retail Properties, Inc. offers eligible associates family and medical leaves pursuant to the provisions of the Family Medical Leave Act (FMLA).
Under this policy, National Retail Properties, Inc. will grant up to 12 weeks of leave for certain qualifying events described in this policy (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy.
To qualify to take family or medical leave under this policy, the employee must meet all of the following conditions:
- The employee must have worked for the company for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years.
- The employee must have worked at least 1,250 hours during the 12-month period immediately before the date when the leave is requested to commence. Time spent on paid or unpaid leave is not counted in determining the 1,250 hours eligibility test.
- The employee must work in a worksite where 50 or more employees are employed by the company within 75 miles of that office or worksite. The distance is to be calculated by using available transportation by the most direct route.
Type of Leave Covered
To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below:
- The birth of a child and in order to care for that child.
- The placement of a child for adoption or foster care and to care for the newly placed child.
- To care for a spouse, child or parent with a serious health condition (described below).
- The employee’s own serious health condition (described below).
- A serious health condition is an illness, injury, impairment or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care 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 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 two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Employees with chronic serious health conditions requiring periodic treatment must visit their health care provider at least twice a year.If an FMLA eligible employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the company may designate all or some portion of the prior related leave as FMLA leave, to the extent that the earlier leave meets the necessary qualifications.Employees with general questions about what illnesses may be covered under this FMLA policy are encouraged to consult with Human Resources.
- Qualifying exigency leave for families of members of the Reserves component of the Armed Forces for deployment to a foreign country in support of a contingency operation or Regular Armed Forces for deployment to a foreign country.
- An employee whose spouse, son, daughter or parent either has been notified of an impending call or order to active military duty or who is already on active duty may take up to 12 weeks of leave for reasons related to or affected by the family member’s call-up or service. The qualifying exigency must be one of the following: 1) short-notice deployment, 2) military events and activities, 3) child care and school activities, 4) financial and legal arrangements, 5) counseling, 6) rest and recuperation, 7) post-deployment activities and 8) additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave.The leave may commence as soon as the individual receives the call-up notice. This type of leave would be counted toward the employee’s 12-week maximum of FMLA leave in a 12-month period.
- Military caregiver leave (also known as covered service member leave) to care for an ill or injured service member.
- This leave may extend to up to 26 weeks in a single12-month period for an employee to care for a spouse, son, daughter, parent or next of kin covered service member or covered veteran with a serious illness or injury incurred. Next of kin is defined as the closest blood relative (other than the spouse, son, daughter or parent) of the injured or recovering service member in the following order of priority: a blood relative specifically designated in writing by the service member as next of kin for purposes of FMLA military caregiver leave; blood relatives granted legal custody of the service member; brothers and sisters; grandparents; aunts and uncles; and first cousins.
Amount of Leave
An eligible employee can take up to 12 weeks for the FMLA circumstances identified in (1) through (5) above during a 12-month period. The company will measure the 12-month period as a rolling 12-month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes leave, the company will compute the amount of leave the employee has taken under this policy in the preceding 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time.
An eligible employee can take up to 26 weeks for the FMLA circumstance identified in (6) above (military caregiver leave) during a single 12-month period. For this military caregiver leave, the company will measure the 12-month period as a rolling 12-month period measured forward from the first day an eligible employee takes military caregiver leave. FMLA leave taken for other FMLA circumstances during the 12-month leave period will be deducted from the total of 26 weeks available.
If a husband and wife both work for the company and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent “in-law”) with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave for these reasons. Leave for birth, adoption or foster care of a child must be taken within one year of the birth or placement of the child. If a husband and wife both work for the company and each wishes to take leave to care for a covered service member, the husband and wife may only take a combined total of 26 weeks of military caregiver leave.
Employee Status and Benefits during Leave
While an employee is on FMLA leave, the company will continue the employee’s health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work.
Employee Status after Leave
An employee who takes leave under this policy must provide a fitness for duty (FFD) clearance from the health care provider. This requirement will be included in the employer’s response to the FMLA request. Generally, an employee who takes FMLA leave will be able to return to the same position or a position with equivalent status, pay, benefits and other employment terms. The company may choose to exempt certain key employees from this requirement and not return them to the same or similar position. The highest paid 10% of employees are not guaranteed reinstatement if reinstatement will cost the company economic injury. In such cases, the company will notify the associate as soon as the determination is made that the reinstatement is not available.
Intermittent Leave or a Reduced Work Schedule
The employee may take FMLA leave in consecutive days or weeks, may use the leave intermittently (for example, take a day periodically when needed over the 12 month period) or, under certain circumstances, may use the leave to reduce the employee’s workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks in a 12-month period (or 26 workweeks to care for an injured or ill service member over a 12-month period.
If you are injured while at work, you may be eligible to receive certain benefits under the Workers’ Compensation policy carried on all associates. Accidental injuries which occur during working hours or conditions caused by work activities are covered under our Workers’ Compensation policy. Insurance provides for the payment of medical expenses and weekly compensation payments during the period of an employee’s work-related injury or illness.
If you become injured on the job, you must report it immediately to your supervisor so that we may provide you with the proper medical attention and ensure that your Workers’ Compensation claim is filed properly and timely.
All employees also may be entitled to receive statutory short-term disability payments for non-occupational injuries or illnesses depending on their work location.
In the event of a death of a relative (spouse, child, mother, father, grandmother, grandfather, sister, brother, father‑in‑law, mother‑in‑law, sister‑in‑law, brother‑in‑law) three days paid bereavement leave will be given to benefit-eligible employees. Bereavement leave is paid at the employee’s base rate of pay at the time of absence for the number of hours the employee otherwise would have worked that day.
Employees who are called into active military service or who enlist in the uniformed services are eligible to receive an unpaid military leave of absence in accordance with applicable federal and state laws. An associate called to active military duty may be eligible for re-employment in his former job or position of like status and pay.
As citizens, we are subject to being called for jury duty at any time. As soon as you receive a summons to serve on a jury, please inform your supervisor so that they can arrange for your duties to be handled accordingly. Certification of jury duty service must be presented to Human Resources. If you report for jury duty and then are excused, you are expected to return to work. Regular full-time associates will be eligible to be paid during jury duty service for a reasonable length of time (generally up to five days, however jury service of longer durations will be handled on a case-by-case basis).
We encourage you to become more proficient in our field of business; therefore, on a limited basis NNN may reimburse eligible associates for the cost of tuition for approved courses or schools directly related to their job, provided they successfully complete and make a grade equivalent to a C or above. Regular, full-time associates are eligible after they have completed 6 months of service. Tuition reimbursement (including tuition and books) is limited to a calendar year maximum of $3,000.
EMPLOYEE ASSISTANCE PROGRAM
All associates may receive confidential professional assistance in resolving personal, financial, legal work related, and family matters. This service is provided at no charge, and is available to associates 24 hours a day, 7 days a week and may be used by any member of the associate’s household. This assistance is currently offered through Cigna HealthCare.