Employment Agreement
Mizrahi Family Torah Academy, a Private School and Florida not-for-profit Corporation located in Plantation, Florida (“School”) and {employeeFull} (“Employee”) agree to the following conditions of employment:
Position
{positionBeing}
Term
The term of this agreement is {employmentStart} through {employmentEnd} (“School Year”). Employment is on a year-to-year basis and is not automatically renewed. Due to unforeseen circumstances causing temporary School closures, the school year may be extended slightly without additional compensation.
Salary
In exclusive consideration for services performed in accordance with this Agreement, Employee will be paid a yearly prorated salary of {compensationPer338} Dollars (${compensationPer310}).
Pay Periods
Salary will be paid in equal installments, on the first (1st) and fifteenth (15th) day of each month for the duration of the contract term. The first payment shall be paid on {firstPay}. The final payment shall be paid on {lastPay}.
Duties
Employee will perform such duties as the School may assign and Employee will abide by all School policies and procedures as adopted in the Staff Handbook and amended from time to time.
A copy of the job description is attached below. These duties may be amended from time to time at the sole discretion of the School.
Hours
Employee’s working hours are:
- {workSchedule} ({estimatedHours} hours per week)
- Parent conferences and special events as directed
- Evening: 4 evenings throughout the year, dates and times to be determined.
- In-Service Days, dates and times to be determined.
As needed, the Administration will meet with Employee at a time convenient to both. Diligent effort will be made to schedule meeting times during Employee’s working hours. In addition to normal School days, attendance is mandatory for employee workdays, parent conferences, employee training days, set up, cleaning days, staff meetings, pertinent School events, (e.g., open house), and other meetings held throughout the year. A proposed {forAcademic} academic calendar will be provided to Employee, although it is subject to changes as the need arises. Notice will be provided to Employee should any changes occur to the academic calendar. Employee shall devote a reasonable amount of out-of-class time to curriculum development, lesson planning, and communication with school community stakeholders
In-Service and Ancillary Days: Scheduling for the In-Service and Ancillary days may include variable and/or longer hours than the typical school day. Attendance is calculated upon attendance of entire day.
Employee will not render services in person or by electronic means, paid or otherwise, for any other person or entity during contracted work hours with the School.
Lateness
Employee will arrive by {dailyStart}. If Employee arrives after {dailyStart}, the tardiness will be recorded and accumulated. Multiple instances of tardiness accumulate and may be applied toward Employee’s paid time off (PTO) in half day increments.
Sick/Personal Days - Paid Time Off (PTO)
Personal days, or Paid Time Off (“PTO”), are provided for personal or sick leave. Annual PTO eligibility equals the number of regularly scheduled workdays per week plus {numberOf} additional day(s). For example, an employee who works five (5) days per week is eligible for {5The} PTO days during a full year of employment. Employee's PTO eligibility comes out to {empPTO}.
PTO is earned gradually throughout the year. Employees receive two (2) PTO days upon commencement of employment and accrue one-half (½) PTO day for each full month worked until reaching annual PTO eligibility. School may allow PTO to be used earlier in the year in anticipation of expected accrual. If employment ends before sufficient PTO has accrued to cover time off taken, the unearned portion may be deducted from Employee’s final paycheck. PTO taken in excess of annual eligibility will result in a prorated salary deduction of 1/180 of Employee’s annual salary per day. Unused PTO will be paid after the employee’s final paycheck.
Employees are requested to provide as much advance notice as possible for planned absences and to submit appropriate lesson plans or guidelines for classes they will miss. Employees must notify the main office of any absence prior to their scheduled arrival time. Failure to report a lateness or absence before the designated start time will be considered a breach of professional responsibility and will result in the lateness or absence being recorded as double toward PTO.
Absences Adjacent to School Vacation Periods
In order to ensure continuity and minimize disruption to the educational program, employees are expected to be present on all scheduled workdays immediately preceding and following school vacation periods. Any sick or personal days taken on the scheduled workday immediately before or after a school vacation will be counted as two (2) days of Paid Time Off (PTO), unless the absence is accompanied by valid documentation and receives prior written approval from the administration.
Reduction-In-Force/Closing
The School may terminate Employee’s employment or reduce Employee’s hours due to a reduction in force (“RIF”). In such an event, this agreement shall terminate together with any right to further compensation to Employee if School or class shall be closed by order of the Administration/Board of School for any reason. No other monies will be owed to the employee. RIF may result from various circumstances affecting the School or the profitability or the needs of its organization, including but not limited to: reduced enrollment, budget reductions, curriculum changes, reduction in the number of staffing of classes, sudden reduction in the number of students, position redundancy, overstaffing, financial changes, natural disaster, or other circumstances affecting the School. The decision to institute a RIF, and which employees to include in the RIF, remains in the sole discretion of the School. In the event that the School is faced with a financial crisis as a result of a decline in enrollment, natural disaster or circumstances beyond the control of the School resulting in the need to reduce operational costs, the School reserves the right to terminate employees employment or in lieu of termination offer a reduction in pay for the duration of the School term or as long as deemed necessary by the School.
Dress Code
Clothing should conform with all Staff Dress Code and Handbook Expectations as well as Orthodox Jewish guidelines of personal modesty. Employees are to always maintain a professional appearance so as to set a good example for our students.
Technology Policy
All personal electronic devices (e.g., cell phone, tablet, etc.) should not be utilized during working hours with the exception of activities related to School programs.
Use of Photographs and Videos
Employee agrees that any and all photographs or videos of the Employee (both individual and group photographs) may be used by the School in any publication, written materials or website and social media without any notification or compensation.
Confidentiality
During his/her employment, Employee will obtain and have access to “Confidential Information” that is important to the School’s business. “Confidential Information” includes, but is not limited to, the School’s curriculum, pricing, profits, sources of funding, and future development; matters relating to its students and parents, such as student and parent names, academic records, disciplinary actions, medical, and other information of a personal nature. Employee acknowledges that such Confidential Information is worthy of protection and is the sole property of the School. Employee agrees that during the terms of this agreement and thereafter, Employee shall not divulge or make use of any Confidential Information, directly or indirectly, without the prior written consent of the School. Any suggestion or recommendation an Employee may have regarding a child, out of the ordinary course of daily activity (including a suggestion or a recommendation of a child’s transfer to a different program or School, or a referral for outside consultation) must be with prior approval from the Administration.
Performance Evaluation
Employee shall receive periodic performance reviews by Administration. At a minimum, performance evaluations are to be expected annually, on or about the anniversary date of employment with the School. The frequency of performance evaluations may vary. Failure to evaluate Employee shall not prevent the School from disciplining or dismissing Employee at-will in accordance with this Agreement.
Termination
The Employee may be suspended or discharged for good cause as shall be determined at the exclusive discretion of the Administration. It is specifically understood that good cause for discharge shall include but not be limited to: inadequacy of teaching, misconduct, neglect of duty, excessive absences from class, physical or mental incapacity, actions involving moral turpitude, violation of the terms of this agreement, or conduct tending to reflect discredit upon the School or tending to impair the Employee’s usefulness in his/her capacity as an employee. Upon termination, payment will be made for services actually rendered on an hourly rate basis. The School is under no obligation to award pay due to termination.
Contract Commitment and Early Termination
The employee accepts this position with the understanding that the school relies on the employee’s commitment for the full academic year. Because continuity of instruction and stability for students are essential to the school’s educational mission, employees are expected to fulfill the entire term of this agreement. If exceptional circumstances require early termination of this agreement, the employee agrees to provide as much advance notice as possible and to cooperate with the school to ensure an orderly transition.
Employee acknowledges that a standard two-week notice is generally insufficient in a school environment. Except in medical emergencies, Employee agrees to provide no less than sixty (60) days written notice, and departures should, whenever possible, coincide with a school break or other natural transition point in the academic calendar.
Any early departure must be coordinated with the school, and the final date of employment must be agreed upon previously in writing by the Employer. A resignation resulting in departure prior to the end of the school year without the school’s written agreement to the departure date may be considered a breach of this agreement. If an employee voluntarily terminates employment before completion of the school-year term without such written agreement, the employee agrees that the school may assess liquidated damages of $3,000 to offset recruitment costs, administrative burden, and disruption to the instructional program caused by an unexpected mid-year vacancy. To the extent permitted by law, the school may offset this amount against any remaining compensation otherwise owed to the employee, and early termination in violation of this provision may affect the timing or eligibility of remaining compensation or benefits. Nothing in this provision limits the school’s right to pursue any other remedies available under law or equity for a material breach of this agreement. The parties agree that the above amount represents a reasonable estimate of the costs and disruption associated with unexpected mid-year staff replacement and is intended as liquidated damages rather than a penalty.
Child Abuse and Neglect Reporting
Florida statutes require any child care custodian who has knowledge of, or observes, a child in his or her professional capacity or within the scope of his or her employment whom he or she knows or reasonably suspects has been the victim of child abuse to report the known or suspected instance of child abuse to a child protective agency immediately, or as soon as practically possible, by telephone and to prepare and send a written report thereof within thirty-six (36) hours of receiving the information concerning the incident. By executing this Agreement, Employee acknowledges he or she is a child care custodian and is certifying that he or she has knowledge of Florida statutes pertaining to mandatory reporting of child abuse and neglect and will comply with these provisions.
Partial Invalidity
If any provision of this Agreement is found to be invalid or unenforceable by any court, the remaining provisions hereof will remain in effect unless such partial invalidity or unenforceability would defeat an essential business purpose of the Agreement.
Personal Differences
In the event of disagreement on procedure or policy between members of the staff, the Administration will arbitrate based on the guidance of the Menahel Ruchni, Rabbi Avrohom Yachnes.
Complete Agreement
This Agreement supersedes all prior contracts and agreements between the School and the Employee, whether oral or written. This Agreement may not be amended or modified, except in writing and duly executed on behalf of the School and the Employee.
Acceptance of Employment
By signing below, the Employee declares as follows:
- I have read this Agreement and accept employment with the School on the terms specified herein.
- All information I have provided to the School related to my employment is true and accurate.
- This is the entire agreement between the School and me regarding the terms and conditions of my employment. This is a final and complete agreement and there are no other agreements, oral or written, express or implied, concerning the subject matter of this Agreement.