(a) State-paid relief personnel.

1. (1) State-paid relief personnel are no longer provided for vendors.
2. (2) Vendors will still receive vacation and sick leave but will arrange for extra help to work their locations.

(b) Essential extra help.

1. (1) For purposes of definition, “essential extra help” shall be defined as a full-time or part-time employee of a licensed blind vendor essential for the operation of a vending facility in consideration of good management and business practices.
2. (2) Such essential extra help personnel will be paid in accordance with policies set forth in subsection (f) of this section.
3. (3) “Nonessential personnel” are defined as persons employed by the vendor in lieu of sick or vacation leave and not essential for the normal operation of the vending facility.
4. (4) Any extra help, whether to assist the vendor in operating the facility or to substitute for him or her in his or her absence, other than for vacation or sick leave, must be arranged for by the vendor and approved by the Vending Facility Program Specialist.

(c) Required payroll information.

1. (1)

   1. (A) In order to properly process the payroll for essential extra help employees, the Vending Facility Program office must have the following information in order to comply with federal and state laws and allow the processing of the essential extra help employees’ payroll:

(i) Federal tax withholding form (W-4);

1. (ii) State tax withholding form (AR-4EC);

   1. (iii) Immigration and Naturalization Service Form I-9;

      1. (iv) Employment application form; and
      2. (v) Copy of Social Security card.
   2. (B) See Appendix A for specific forms.

2. (2) No essential extra help person’s payroll can be processed until all forms have been completed and submitted to the program office.

   1. (d) Payroll reporting.
3. (1) It is the responsibility of the licensed blind vendor employing essential extra help to report to the respective specialist payroll information by the appropriate deadline.
4. (2) Vendors failing to report payroll information by the deadline will have employees’ payroll computed in accordance with the previous payroll information submitted.
5. (3) If corrections are needed in the payroll, any such correction will be made in the succeeding payroll period, and no special payroll checks will be authorized or issued.
6. (4) It shall be the responsibility of the vendor to explain such payroll information to the employed extra help and not the responsibility of the program office when late payroll information is received.

(e) Nonessential extra help.

1. (1) Effective January 1, 1988, the program office will no longer be responsible for processing the payroll of nonessential extra help personnel as defined in subsection (b) of this section.

2. (2)

   1. (A) For purposes of this policy, those vendors on extended sick leave shall not be considered as having nonessential extra help persons.
   2. (B) Persons employed under this category shall be employed under the category of extended sick leave extra help personnel.
3. (3) The vendor’s specialist should be made aware of the fact that a specific individual or individuals are contracted by the vendor to work as nonessential help.

4. (4)

   1. (A) It shall be the sole responsibility of the licensed blind vendor to pay such individuals contracted under such a status as nonessential extra help.
   2. (B) Vendors shall not pay for such individuals through the proceeds of the location but shall pay from their own personal resources.
   3. (C) Vendors found and proven to be paying nonessential extra help through the proceeds of the location shall be subject to license revocation.
5. (5) The program office assumes no liability for taxes or other deductions required by federal or state income tax laws and regulations in the contract of nonessential help.
6. (6) Vendors for personal tax purposes should keep a record of any payment made to such nonessential individuals since it is deductible from their personal income taxes as a business expense.

7. (7)

   1. (A) It is recommended but not required that a vendor maintain a written contract with nonessential extra help contractors.
   2. (B) See Appendix A for a sample agreement.

8. (8)

   1. (A) Effective February 22, 1990, nonessential extra help is limited to twelve (12) days per calendar year.
   2. (B) Use of nonessential extra help beyond twelve (12) days will be subtracted from available vacation leave.
   3. (C) If vacation is not available then the progressive discipline process in 22 CAR § 5-505 will be followed.

(g) Criteria for employing extra help. Persons who are employed as extra help should meet the following criteria:

1. (1) Possess the ability to operate the vending facility in a proper and satisfactory manner;
2. (2) Be thoroughly reliable and dependable;
3. (3) Be accurate in reporting and accounting for funds;
4. (4) Be neat in appearance;
5. (5) Be courteous and helpful to customers;
6. (6) Provide the vending facility office with a copy of his or her Social Security card; and
7. (7) Be approved by the specialist.

(h) Extra help location illness policy.

1. (1) Employees must report health problems to the manager before starting work.

2. (2)

   1. (A) Restrict employee from working with or around food.

   2. (B) Exclude employee from the location if you primarily serve a high-risk population:

      1. (i) Sore throat with fever.

3. (3) If the employee has one (1) of the following symptoms, or becomes ill with one (1) of the following symptoms while working, they must immediately report their condition to the manager, stop working, and see a doctor:

   1. (A) Diarrhea;
   2. (B) Vomiting; or
   3. (C) Jaundice (a yellowing of the skin and eyes).

4. (4)

   1. (A) Exclude employees with the following illnesses and notify the Department of Health:

      1. (i) Salmonella typhi;
      2. (ii) Shigella spp. (dysentery);
      3. (iii) Shiga toxin-producing E. coli;
      4. (iv) Hepatitis A virus; or
      5. (v) Norovirus.

   2. (B) Work with the Department of Health or medical practitioner when the employee can return to work.

      1. (i) ServSafe or Department of Health training for extra help.
5. (1) Effective November 7, 2005, any manager that wants his or her extra help person to take ServSafe or Department of Health training will pay half (1/2) of the cost and the program will pay half (1/2) of the cost one (1) time.
6. (2) Whether or not the extra help person passes the course, the program will not spend any additional funds on the training of the extra help person.