Employee Handbook

EEO Policy 

Purgatory is committed to cultivating an inclusive workplace that values differences and encourages diverse perspectives and experiences. Purgatory embraces and is committed to maintaining a workforce of individuals from diverse backgrounds and various cultures that reflect our communities. 

Purgatory provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age 40 or above, disability, military status, marital status or genetic status, or any other status protected by applicable state or local law. In addition to federal law requirements, Purgatory complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. The policy applies to all terms and conditions of employment including recruiting, hiring, placement, promotion, termination, layoff, recall, transfers, leaves of absence, compensation and training. 

Harassment Policy

Purgatory strives to maintain a work environment free of unlawful harassment. In doing so, the Company prohibits unlawful harassment because of race, color, religion, sex, national origin, age 40 and over, disability, military status, marital status or genetic status, or any other status protected by applicable state or local law. 

Unlawful harassment includes verbal or physical conduct that has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. Actions based on an individual’s race, color, religion, sex, national origin, age 40 and over, disability, military status, marital status or genetic status, or any other status protected by applicable state or local law will not be tolerated. The conduct or communication is subjectively offensive to a reasonable individual who is a member of the same protected class. Prohibited behavior may include but is not limited to the following: 

• Written form such as cartoons, e-mail, posters, drawings, or photographs. 

• Verbal conduct such as epithets, derogatory comments, slurs, or jokes. 

• Physical conduct such as assault, or blocking an individual’s movements. 

This policy applies to all employees including managers, supervisors, co-workers, and non-employees such as customers, clients, vendors, consultants, etc. 

Sexual Harassment Policy

Because sexual harassment raises issues that are to some extent unique in comparison to other harassment, Purgatory believes it warrants separate emphasis. 

Purgatory strongly opposes sexual harassment and inappropriate sexual conduct. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: 

• Submission to such conduct is made explicitly or implicitly a term or condition of employment. 

• Submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment. 

Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. 

All employees are expected to conduct themselves in a professional and businesslike manner at all times. Conduct which may violate this policy includes, but is not limited to, sexually implicit or explicit communications whether in: 

• Written form, such as cartoons, posters, calendars, notes, letters, e-mail. 

• Verbal form, such as comments, jokes, foul or obscene language of a sexual nature, gossiping, or questions about another’s sex life, or repeated unwanted requests for dates. 

• Physical gestures and other nonverbal behavior, such as unwelcome touching, grabbing, fondling, kissing, massaging, and brushing up against another’s body. 

Complaint Procedure – EEO / Harassment 

If you believe there has been a violation of the EEO policy, harassment based on the protected classes outlined above, violation of company policy, and any complaint of workplace violence or other illegal conduct must use the following complaint procedure. Purgatory expects employees to make a timely complaint to enable Purgatory to investigate and correct any behavior that may be in violation of this policy. 

Report the incident to the Human Resources department, who will investigate the matter and take corrective action. Your complaint will be kept as confidential as practicable. If you prefer not to go to Human Resources with your complaint, you should report the incident to Dave Rathbun, GM. 

Purgatory prohibits retaliation against an employee for making a complaint under this policy or for assisting in a complaint investigation. If you perceive retaliation for making a complaint or your participation in the investigation, please follow the complaint procedure outlined above. The situation will be promptly investigated. If Purgatory determines that an employee’s behavior is in violation of this policy, disciplinary action will be taken, up to and including termination of employment. 

Threats and Violence Policy 

Our Policy is to strive to maintain an environment free from intimidation, threats, or violent acts. This includes, but is not limited to, intimidating, threatening or hostile behaviors, physical abuse, vandalism, arson, sabotage, use of weapons, carrying weapons onto company property, regardless of whether the employee possesses a concealed carry permit, or any other act, which, in management’s opinion, is inappropriate at our resort. In addition, bizarre or offensive comments regarding violent events and/or behavior are not tolerated. 

Employees who feel subjected to or observe any behaviors listed above should immediately report the incident to the Human Resources, any supervisor, or Security. HR will investigate these events and look to employees for support of this policy. Based on the results of the inquiry, disciplinary action which management feels is appropriate may be taken. 

Employees should directly contact proper law enforcement authorities if they believe there is a serious threat to the safety and health of themselves or others. 

In addition to threats and violence in the workplace, if you are a victim of domestic violence, please contact Human Resources for assistance and you will be provided information on the Employee Assistance Program through Lincoln Financial. 

Purgatory prohibits the use of company property, such as vehicles, telephones, fax machines, or email in threatening or inappropriate ways. 

Inspection Policy

Purgatory reserves the right to conduct at any time, without notice, searches and inspections of employees and volunteers, their personal effects or company-provided material. This may include, but is not limited to: Lunch pails, boxes, thermoses, purses, lockers, desks, personal computer files, cabinets, file drawers, packages, or vehicles. Your supervisor may specify a storage location for personal belongings. 

Any illegal and unauthorized articles discovered may be taken into custody and will be turned over to law enforcement representatives. Any employee or volunteer who refuses to submit to a search will be subject to disciplinary action up to and including termination. 

ADA and Religious Accommodation Policy

Purgatory will make reasonable accommodation for qualified individuals with known disabilities, and employees whose work requirements interfere with a religious belief unless doing so would result in an undue hardship to Purgatory or a direct threat to health or safety. Employees needing such accommodation are instructed to contact their supervisor or Human Resources immediately. 

Pregnancy Accommodation Policy

Purgatory will make reasonable accommodation to otherwise qualified employees due to pregnancy, a health condition related to pregnancy, or the physical recovery from childbirth absent undue hardship. 

Discipline 

If your job performance or behavior falls short of Purgatory’s standards and/or expectations, it is management’s responsibility to take appropriate action. Disciplinary action can range from a discussion with your supervisor to immediate suspension and/or termination. Action taken by Purgatory in an individual case cannot be assumed to establish a precedent in other circumstances.

Time Reporting 

Nonexempt (Hourly) employees must record time worked on a daily basis through the HRIS System, PAYCOM.

Time entries in the Company’s time keeping system are the only records used by the Company for calculating employee pay. It is very important that these records are accurate and complete. Nonexempt employees are expected to submit accurate and complete time records reflecting all hours worked. Employees who also chose to keep their own personal time records must provide them to the Company if they find a discrepancy between the Company’s records and their records. 

Employees should contact their supervisors with any questions about how their pay is calculated. Employees must promptly notify their supervisors of any mistakes in their time records or pay. Employees also must notify Human Resources if they perceive that anyone is interfering with their ability to record their time accurately and completely. All reports will be investigated and appropriate corrective action will be taken. The Company will not tolerate retaliation against employees for making a report or participating in an investigation. 

Deductions 

While you are employed, certain amounts are withheld from your paycheck. Law requires some of these deductions (Federal and State income taxes, Social Security and Medicare and any government issued garnishments) while others are made with your permission (insurance premiums, lodging/Rent, etc.). 

Direct Deposit 

Direct deposit is currently available and highly recommended to all employees. Your paycheck may be directly deposited into multiple checking or savings accounts at banks that are members of the Automated Clearing House (ACH) Federal Reserve System. To enroll, log in to your PayCom account and look at the Direct Deposit section under the Payroll tab. Please visit HR if you need help completing this process. 

Overtime 

From time to time, employees may be required to work overtime. In these instances, employees are given as much advance notice as practical. Hourly, non-exempt employees are compensated at an overtime rate of 1 1/2 times their regular rate for all hours worked in excess of 40 hours in a defined work week or over twelve (12) hours per day. The established workweek begins at 12:00 a.m. midnight on Saturday and ends at 11:59 p.m. on Friday. 

For purposes of calculating overtime payments, only hours actually worked are counted. Contact your supervisor for additional information. 

Paid Leave 

Paid Leave Requests must be submitted to the department manager through the payroll system for all non-worked, paid hours (PTO, Jury, Bereavement and/or Sick). To ensure proper payment make sure to submit your Paid Leave Request well ahead of time and follow up with your supervisor prior to the time off period. See “Employee Benefits” section for more information regarding paid leave.

Paycheck Distribution 

Checks are distributed in each department. Your check will be available from your supervisor after 12:00 pm on payday. Pay stubs are available in your PayCom profile.

Payday 

Employees are paid every two weeks (bi-weekly) on alternating Fridays. You may obtain a current payday schedule in Human Resources.. If the regular payday occurs on a holiday, the payday is the last working day prior to the holiday. 

Pay Period/Work Week 

A pay period consists of two work weeks. Work weeks begin at 12:00 am on Saturday and end at 11:59 pm on Friday. Purgatory’s winter and summer operations are open seven days a week; however, depending on the department, your work days and hours may vary. At times, it may be necessary to work hours not regularly scheduled.

Shift Differential 

A pay differential of $0.50 cents per hour is currently paid to non-exempt employees who work the graveyard shift, defined as 11:00 pm - 6:00 am, for all departments. This premium does not apply to pay for holidays, vacation, or other paid leaves. 

Time Clocks 

Electronic time clocks are installed at various locations throughout the Resort. Ask your supervisor for the location of the time clock most convenient to your department. If you ever encounter technical difficulties with a time clock, notify your supervisor immediately. Employees are encouraged to keep a personal record of their clock-in and clock-out times for reference. 

The time clocks are used to calculate your paycheck; it is imperative that the information be accurate. You must utilize your Employee Badge number to clock in and out. You are not allowed to clock in and out for another employee, or allow them to clock in or out for you. Unless otherwise approved by your supervisor, you must clock in within five minutes prior to the start of your scheduled shift and clock out within five minutes after your scheduled shift. You may also be required to clock in and out for lunch and breaks. Check with your supervisor for the procedures for your position. You must use the time clock for all positions worked. If an employee continues to miss clocking in and out, disciplinary action will be taken by the supervisor. Please ask your supervisor or HR for instructions on how to use the timeclock.  

HRIS (Human Resources Information System) – PayCom

The company utilizes PayCom to manage payroll and employee records. Employees are encouraged to download the PayCom App to assist them with self-management of their employee information, such as keeping addresses, phone numbers up to date, add or make changes to direct deposit information, update tax information, to assist with clocking in/out and much more. 

For more information, contact Human Resources. 

Tip Reporting 

If you earn tips of $20.00 or more in one month, you are required by Federal law to report 100% of your tips each pay period. For ease of reporting, PayCom will prompt you to enter tips at the end of your shift when clocking out. If you do not report 100% of your tips, Purgatory may allocate tips on your W-2 at the end of the year. 

Training Compensation 

You may be required to attend training before you begin your regular position. Pre-work training hours may be paid at a training wage, which may be different from your regular wage. 

Lost Check Procedure 

If an employee loses their paycheck, a new paycheck can be issued for a $30.00 stop payment fee. If the paycheck in question has been mailed to the employee’s address on file, we require a seven (7) day waiting period for the check to arrive at the employee’s address. If the paycheck is still outstanding after the seven (7) day waiting period, a new paycheck will be issued less the stop payment fee. 

The personal belongings of employees are removed from company lockers forty-eight (48) hours following separation (voluntary or involuntary) and are taken to the supervisor’s office or the Human Resources office where they may be claimed. Any items unclaimed after thirty (30) days will be donated to charity.

No later than January 31, annual wage statements (W-2’s) are sent to the employee’s address that is on file on December 31. Upon separation, please be sure we have your correct address in PayCom. 

End-Of-Season 

If your employment is terminated because operations end, it is considered “End-of-Season.”

Involuntary Separation 

If Purgatory initiates the termination of your employment, your separation is considered “Involuntary.” 

Layoff 

If you are separated from employment due to a lack of work at a time other than season end, your separation is considered a “Layoff.”

Voluntary Separation 

If you resign your position with Purgatory, it is considered a “Voluntary” separation. You should complete a Resignation Form to document your reasons for leaving. Human Resources may request an exit interview at the time of separation.

Employee Identification 

When your hiring process has been completed through HR, you will be able to pick up your employee ID pass  from the Ticket Office. Your employee ID is required to gain lift access, receive employee discounts, access employee transportation and receive any other employee-related benefits. 

Forgotten ID 

If you forget your employee ID, you may obtain a one-day pass in the Ticket Office. Through the automated ticketing system, your employee ID is invalid for the day. You are not eligible for employee discounts without your employee ID. Repeatedly reporting to work without your employee ID or misuse of the one-day ticket may lead to disciplinary action up to and including termination. 

Lost or Stolen ID 

There is a $10 charge for replacement of a lost employee ID. The original pass will be invalidated and the ticket office will issue a replacement. Notify the Ticket Office if you subsequently find the lost pass. 

Stolen passes must be reported immediately to the Ski Area’s main Ticket Office. Use of a pass reported as lost or stolen will be treated as an unauthorized use and penalized accordingly, up to and including prosecution.

Lift Access Privileges 

Your employee ID entitles you to free lift access while employed by Purgatory. Any employee who has already purchased a season pass for themselves or their eligible dependents before they have started work with Purgatory Resort can have all or a portion of the cost of their pass, and eligible dependent passes, refunded based on the effective date of their employment based on the seasonal schedules below: 

Winter Season 

1. If an employee’s effective start date is before January 1, 100% of the winter pass costs will be refunded

2. If an employee’s effective start date is before February 1, 50% of the winter pass costs will be refunded

3. If an employee’s effective start date is before March 1, 25% of the winter pass costs will be refunded

4. After March 1, Winter Pass costs will not be refunded 

Summer Season 

1. If an employee’s effective start date is before July 1, 100% of the summer pass costs will be refunded 

2. If an employee’s effective start date is before August 1, 50% of the summer pass costs will be refunded

3. After August 1, Summer pass costs will not be refunded 

Winter employees who complete at least one hundred twelve (112) hours during the winter season, and finish the season in good standing receive free summer lift access. However, if the employee returns to work for the summer season, then they will receive four (4) additional buddy passes for that season. 

Summer employees who complete at least one hundred twelve (112) hours during the summer season, and finish the season in good standing receive free winter lift access. However, if the employee returns to work for the winter, then they will receive four (4) additional buddy passes. 

You are required to show your ID to the ticket checker each time you pass through the lift line. Abuse of this policy may lead to suspension of lift access privileges and/or termination. 

Employees are eligible for ski pass benefits in accordance with their employment status. In order to receive these benefits, employees must agree and sign a Release of Liability and Waiver and agree to the Passholder Rules before their pass will be issued. Employees also acknowledge and agree that engaging in any Activity at the Resort for personal purposes, including while on a break, even if in uniform and/or while participating in voluntary employee functions, is not within the course and scope of employment, is not required as part of Employee employment, that Employee is engaging in such Activity voluntarily and on Employees’ own time and initiative. Employee understands and agrees that any injuries resulting from such an Activity for personal purposes are not job related and will not entitle Employee to any benefits under Colorado Workers’ Compensation Law. 

The Resort shall have the right to confiscate or revoke the privileges conferred by an employee pass or other ticket or pass where, in the sole judgment of its representative, Employee: 

1. Acts in a manner that endangers or may endanger the safety of Employee or any other person;

2. Violates the law;

3. Provides ski/ride lessons or similar services for compensation at Resorts without express authorization of Resorts;

4. Engages in misconduct or creates a nuisance;

5. Violates the “Employee Code;”

6. Skis or rides recklessly (high speeds, jumping or tucking, out of control or straight down a run, etc) - when skiing/riding Employee must avoid all other skiers, trail groomers, maintenance vehicles or objects below them;

7. Skiing/riding on closed trails or in closed terrain;

8. Is impaired from or actively uses alcohol or drugs;

9. Uses abusive language (including swearing or cursing);

10. Displays poor or unsafe etiquette including skiing at speeds higher than the rest of traffic on a run. 

Such acts may also be prosecuted as a criminal offense.

To request a leave of absence that is not related to the Family Medical Leave Act (FMLA), you are required to complete a Leave of Absence Request form and submit it to Human Resources. Forms may be obtained from Human Resources. The maximum length of a leave of absence that may be granted is eight (8) weeks. Each request is evaluated and you are notified of approval or denial. The leave of absence may be granted without guarantee of a position upon return. Continuation of all benefits is addressed individually at the time of request. If you fail to return to work at the end of the approved leave, you are officially separated effective the last date you worked.

Family and Medical Leave (FMLA Leave) 

Purgatory provides up to twelve (12) weeks of unpaid, job-protected leave to eligible employees for reasons including the following reasons: 

• Incapacity due to pregnancy, prenatal medical care or child birth; 

• To care for the employee’s child after birth, or placement for adoption or foster care; 

• To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; 

• Serious health condition that makes the employee unable to perform the employee’s job 

Benefits and Protections 

During FMLA leave, Purgatory maintains the employee’s health coverage under any group health plan on the same terms as if the employee had continued to work. Employees must continue to pay their portion of any insurance premium while on leave. If the employee is able but does not return to work after the expiration of the leave, the employee will be required to reimburse Purgatory for payment of insurance premiums during leave. Upon return from FMLA leave, most employees are restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Certain highly compensated employees (key employees) may have limited reinstatement rights. 

Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. As with other types of unpaid leaves, paid leave will not accrue during the unpaid leave. Holidays, funeral leave, or employer’s jury duty pay are not granted during unpaid leave. 

Eligibility Requirements 

Employees are eligible for FMLA Leave if they have worked for Purgatory for at least twelve (12) months, and for one thousand two hundred fifty (1,250) hours over the previous twelve (12) months. 

Definition of Serious Health Condition 

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 a 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 three (3) consecutive full 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. Other conditions may meet the definition of continuing treatment. 

Use of Leave 

The maximum time allowed for FMLA Leave is either twelve (12) weeks in the 12-month period as defined by Purgatory, or twenty-six (26) weeks as explained above. 

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

Employees taking intermittent or reduced schedule leave based on planned medical treatment and those taking intermittent or reduced schedule family leave with the Purgatory’s agreement may be required to temporarily transfer to another job with equivalent pay and benefits that better accommodates that type of leave. 

Employee Responsibilities 

Employees must provide thirty (30) days advance notice of the need to take FMLA leave when the need is foreseeable. When thirty (30) days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with Purgatory’s normal call-in procedures. 

Employees must provide sufficient information for Purgatory 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 health care provider, or circumstances supporting the need for military family leave. Employees also must inform Purgatory if the requested leave is for a reason for which FMLA leave was previously taken or certified. 

Employees also may be required to provide a certification and periodic recertification supporting the need for leave. Purgatory may require second and third medical opinions at Purgatory’s expense. Documentation confirming family relationship, adoption or foster care may be required. If notification and appropriate certification are not provided in a timely manner, approval for leave may be denied. Continued absence after denial of leave may result in disciplinary action in accordance with Purgatory’s attendance guideline. In addition, Purgatory does not permit year-round, full-time employees to assume an additional job. 

Purgatory’s Responsibilities 

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

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

Unlawful Acts 

FMLA makes it unlawful for Purgatory to: 

• Interfere with, restrain, or deny the exercise of any right provided under FMLA; 

• Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. 

Enforcement 

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against Purgatory. 

FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. 

Also see the guidelines for non-FMLA Leave. 

Military Leave

The condition under which you may be absent due to military service is a matter of law. Upon returning to Purgatory after separation from military service, employees are reinstated and paid in accordance with the laws governing veterans’ reemployment rights. If you are required to complete military training due to a military reserve obligation, the time served is considered a leave of absence without pay. If applicable, you may elect to use your paid time off plan during this period. 

Military Family Leave Entitlements

Eligible employees with a spouse, son, daughter, 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 twelve (12)-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. 

Eligible employees may also take up to twenty-six (26) weeks of leave to care for a covered service member during a single twelve (12)-month period. A covered service member 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. The injury or illness must make the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list 

Domestic Abuse Leave 

The Company provides leave to employees who are the victims of domestic violence or abuse, stalking, sexual assault, or a crime found by the court to include an act of domestic violence. Employees must be employed for at least 12 months preceding the leave. Upon reasonable advance notice (except in cases of imminent danger to the health or safety of an employee), an employee may take up to three (3) working days of leave in any 12-month period. The 12-month period will be measured forward from the date the first domestic violence leave begins. Leave is unpaid although employees may use PTO or sick leave. Employees must use the leave to:

• Seek a civil protection order to prevent domestic abuse;

• Obtain medical care or mental health counseling for the employee of the employee’s dependents to address physical or psychological injuries resulting from the domestic abuse, stalking, sexual assault, or other crime involving domestic violence;

• Make the employee’s home secure or to seek new housing to escape their perpetrator;

• Seek legal assistance, attending, and preparing for court-related proceedings arising from domestic violence acts

Employees must contact Human Resources to request leave. The Company requires appropriate documentation to approve leave, which may include police reports, court orders, confirmation of court appearances, or documentation from medical and other professionals.