Table of Contents

Attendance Policy (Exempt and Non-Exempt Employees – United States).………… 1

How We Present Tesla to the World.……………………………………………………. 5

Paid Time Off: Sick Time and Vacation Time (Non-Exempt Employees – United
States)……………………………………………………………………………………….. 11

Policy Against Discrimination & Harassment in the Workplace……………………….. 20

Substance Abuse & Testing Policy.………………………………………………………. 28

Paid Sick Time Notice……………………………………………………………………… 53

Attendance
Exempt and Non-Exempt Employees: United States
Effective November 1, 2022

You can’t help us with our mission if you don’t show up. So, come to work when
scheduled and be on time. It really is that simple.

Expectations of Exempt Employees

If you’re exempt, you should follow the expectations set by your manager. You do not
clock-in or out, and you don’t have a set schedule. That said, you are expected to show
up on time and remain at work for however long is needed to perform your duties.
Exempt employees are not subject to payroll deductions for excessive absenteeism or
tardiness but are subject to disciplinary action.

Attendance Policy for Non-Exempt Employees

To assist us in ensuring the most accurate payroll process, we expect that you clock in
and out for every shift and meal break as set forth in your schedule. Please stick to the
scheduled breaks and lunch periods and submit written requests for Vacation at least
two weeks before the requested time off.
If you miss work (you are late, absent, or leave early) and if this time is not covered by
approved Sick Time, Vacation Time or LOA, you will get what we call “attendance
occurrences” as set out below.

Offense Definition Occurrences

Late for Shift or Return from Late by less than or equal to 0.5
Lunch (1 hour or less) 1 hour
Left Shift Early (1 hour or Leaving within 1 hour or less 0.5
less) at end of shift
Late for Shift or Return from Late by more than 1 hour 1
Lunch (more than 1 hour)
Left Shift Early (more than 1 Leaving more than 1 hour 1
hour) before end of shift
Absent from Shift Absence from the entire shift 2
that is unapproved even if
proper notice is given.

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Attendance
Exempt and Non-Exempt Employees: United States
Effective November 1, 2022

In cases of emergency, your Department Management retains the right to determine if

attendance occurrences will be applied or waived (this determination can only be made
in partnership with Human Resources). You may be required to provide written
documentation as proof of the emergency or other exigent circumstances. If you believe
an attendance occurrence(s) was incorrectly applied, you may submit documentation of
a permitted absence to your Manager and HR Partner. An employee who misses two
consecutive days off because of a personal illness or injury, or to care for a qualifying
family member with an injury or illness, when their Sick Time has been exhausted, will
only receive 2 occurrences instead of 4. The business may require documentation to
substantiate absences when Sick Time has been exhausted.

Excessive absenteeism or tardiness at any level, in combination with other

performance, misconduct, or safety issues may be grounds for disciplinary action, up to
and including termination of employment. Irregular attendance patterns or concerns,
such as repeatedly reporting late to work or from lunch, including within the grace
periods, will be addressed through performance management and can lead to corrective
action up to and including termination of employment.

Poor attendance trends are unsatisfactory and negatively affect all employees.
Consistent with applicable laws, Tesla may investigate and count absences towards
your attendance record if unacceptable patterns of absence occur suggesting abuse of
sick time. Unless medically necessary or excused by applicable law, unacceptable
patterns of absence may include, but are not limited to using Sick Time to extend
weekends or holidays, calling in sick after Vacation Time has been denied; and calling
in sick before and/or after regularly scheduled days off.

Discipline

For all non-exempt employees:

Occurrence(s) Disciplinary Action

1.0 Coaching
1.5 – 2.5 Verbal Warning
3.0 – 4.0 Written Warning
4.5 – 5.5 Final Written Warning
6.0 and greater Termination

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Attendance
Exempt and Non-Exempt Employees: United States
Effective November 1, 2022

No Call/No Show

A single instance of NCNS will result in a Final Written Warning, or 4.5 occurrences.
Two (2) consecutive scheduled workdays absent without reasonable notification will
result in automatic termination as a result of job abandonment. Employees that are a No
Call/No Show (NC/NS) during New Hire Orientation (NHO) and/or Training are subject
to immediate termination.

Measuring Period for Attendance Occurrences

All attendance occurrences will be counted in a rolling six-month period and will expire
six months from the date of the incident. The base period starts with the date of your
first violation. For example: Attendance occurrences received January 1, 2022, will
drop-off July 1, 2022. Attendance occurrences will carry over from one year to the next
and not reset at the beginning of the calendar year. Disciplinary write-ups received as a
result of attendance will remain in your employee profile but will not impact your internal
mobility or opportunity for pay increase after the 6 month occurrence drop off.

Providing Notifications: To ensure that we are able to staff appropriately to meet

customer demand, we expect that you to provide as much notice as possible if you will
be away from work. If you are going to be unexpectedly absent on a day you are
scheduled to work the expectation is that you will provide at least 2 hours of notification
to your supervisor. Note that advance notice may be required for Vacation Time and
Leave of Absence as stated by each policy. In order to ensure you are accurately
compensated for your time, you are expected to complete and submit all time-off
requests for vacation and paid Sick Time by the last day of each pay period.
Special Circumstances

Exceptions to this policy or removal of occurrences may be considered as reasonable

accommodations, in accordance with applicable law. If you are instructed by
management or an on-site nurse/EHS to leave, including because of an illness or
medical condition, you will not receive occurrences.

Permitted absences must be approved with proper documentation according to

applicable policies and procedures. If you are unable to submit medical documentation
in advance, such documentation must be timely submitted upon return to work, or you
may receive attendance occurrences in accordance with this policy. Where a Tesla

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Attendance
Exempt and Non-Exempt Employees: United States
Effective November 1, 2022

leave policy applies, you are required to obtain the proper paperwork from HR and
complete it within the prescribed timeframe for the absences.

If you are unable to meet the attendance expectations of your schedule as a result of a
physical or mental impairment and need to request a reasonable accommodation,
contact your supervisor and HR Partner. If you need to be absent from work for an
intermittent or continuous period of time, please refer to the Leave of Absence Policy or
contact Tesla’s Leave and Disability team at 844.64.TESLA (844.648.3752) to learn
about your options.

Where this policy differs from federal, state and local laws, the policy will conform to
those laws. This policy supersedes any policy or program previously distributed to
manage attendance. This policy is not meant to be all-inclusive, and Tesla retains the
right to change, suspend or interpret this policy within its sole discretion and without
statement of cause or justification.

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How We Present Tesla to the World
Effective November 1, 2022

As a Tesla employee, you may be approached by reporters, analysts, or researchers for

information or commentary on Tesla’s behalf. Our suppliers, customers, and other
business partners may request your permission to use Tesla in their marketing
materials or press releases. You may get invitations to speak at conferences or in front
of social and professional organizations.

If so, this is how you should handle. If you have any specific questions, please
contact [email protected].

Who is Authorized to Speak on Behalf of Tesla?

Elon.

Tesla’s Vice President of Legal.

Your co-workers whose job it is to speak for Tesla.

Media Relations
Do not respond to media inquiries on Tesla’s behalf without authorization. This rule
does not prevent you from speaking with the media, but you may not speak on behalf of
Tesla unless you have specifically been authorized to do so by an officer of Tesla.

Third-Party News Releases and Marketing

Many business partners approach Tesla for permission to formally publicize their
relationship with us. Often, they would like to use our name or endorsement for press
releases and marketing material. We reject most of those requests. Do not respond to
third party press or marketing inquiries on Tesla’s behalf without authorization. Any
Tesla press releases and blogs on behalf of Tesla must be approved and issued under
the supervision of a person authorized to speak on behalf of Tesla.

Public Speaking
You may be asked to participate in external speaking engagements on behalf of Tesla
such as industry events and conferences. (Congrats!) Before committing to speak at an
external event on Tesla’s behalf, you must get approval from your manager and the
department VP. The topic and speaking materials at events on behalf of Tesla must be
cleared with them at least two weeks in advance.

Tesla respects the legal rights of its employees to participate in external speaking
engagements regarding their own interests and beliefs and understands that
employees’ time outside of work is their own. All external speaking engagements

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How We Present Tesla to the World
Effective November 1, 2022

remain subject to all pertinent Tesla policies, including, but not limited to, the Code of
Business Conduct, Employee Non-Disclosure and Inventions Assignment Agreement,
and the Anti-Harassment & Anti-Discrimination Policy. Unless you have been authorized
to speak on Tesla’s behalf, you may not represent or suggest that you are authorized to
speak for Tesla, or that Tesla has reviewed or approved your content, and in fact, you
should state that all statements are your own and do not represent (and are not
endorsed by) Tesla.

Books & Research Papers

Tesla employees may be approached to write books, case studies and white papers, or
want to pursue an idea related to their own expertise. Before committing to publishing
materials on Tesla’s behalf, you must get approval from your manager and the
department VP. The first step is to send a note detailing the request to publish on behalf
of Tesla to [email protected]

Please remember that external books and research papers, even if done outside of your
work for Tesla, could impact Tesla’s legitimate business interests. These
communications remain subject to all pertinent Tesla policies, including, but not limited
to, the Code of Business Conduct, Employee Non-Disclosure and Inventions
Assignment Agreement, and the Anti-Harassment & Anti-Discrimination Policy. Unless
you have been authorized to publish on Tesla’s behalf, you must not represent or
suggest that you are authorized to speak for Tesla, or that Tesla has reviewed or
approved your content. If it will not be obvious from the content that you are not
speaking on Tesla’s behalf, you must specifically state, “The views expressed in this
writing are my own. They have not been reviewed or approved by Tesla.”

Expressing Concerns
Our view is that you are more likely to resolve concerns about work by speaking directly
with your co-workers, supervisor or other management personnel, or by contacting your
Human Resources Partner or accessing Tesla’s Integrity Line, than by posting concerns
on the Internet. If you decide to express concerns on social media, avoid posting any
content that reasonably could be viewed as malicious, obscene, threatening or
intimidating; that includes recklessly or knowingly false statements about employees,
customers, or vendors; or that might constitute harassment or bullying.

Social Media Guidelines

You should be mindful that your social media activity, even if done off premises and
while off-duty, could affect Tesla’s legitimate business interests and your professional
reputation. For example, the information posted could be Tesla’s confidential proprietary
and business information (confidential propriety and business information is defined in

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How We Present Tesla to the World
Effective November 1, 2022

this policy). In addition, some readers may mistakenly view you as a spokesperson for
Tesla.

Social Media Guideline Details

Please use common sense and good judgment in all of your social media activity. Social
media activity includes everything you do on the internet, including, but not limited to,
posts on social networking sites such as Facebook, Twitter, Instagram, Reddit,
Snapchat, LinkedIn, TikTok, YouTube, personal blogs, and WeChat. Social media
activity includes all activity on or off Tesla’s premises, all activity on your own devices or
Tesla’s, and doesn't matter if you post anonymously or with an alias. If you are unsure
how this policy may apply to your social media activity, your supervisor, or your Human
Resources Partner are here to help you.

Real examples of what NOT to do, courtesy of your fellow (former) employees:

1. Make a “music video” during work hours, in non-public areas of the factory
and showing confidential and proprietary information, post it to Instagram and
tag your location.

2. Share confidential information on Twitter – like internal build plans or sales

figures. While it might make you feel important and “in the know,” it will also
make you be unemployed.

3. Take pictures or videos of customers or coworkers without them knowing

and then post online.

4. Post videos of you doing drugs while on Tesla premises. Or sleeping.

Or any other things you shouldn’t be doing.

We value our brand and good-will relationships as important corporate assets. When
you are online and clearly identified as a Tesla employee, or in any way connected to
Tesla’s business, employees, customers, vendors, or competitors, you should follow
these guidelines:

Limit Personal Use. You may use Tesla’s electronic resources to engage in social
media activity for non-business purposes as long as that activity takes place only during
nonworking time, does not interfere with your co-workers’ job responsibilities, and

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How We Present Tesla to the World
Effective November 1, 2022

complies fully with all Tesla policies. Such non-business use is a privilege that may be
withdrawn if abused.

Know and Follow the Rules. Your social media activity is subject to all pertinent
Company policies, including, but not limited to, the Code of Business Ethics, Employee
Non-Disclosure and Inventions Assignment Agreement, Policy Against Discrimination
and Harassment, and other personal conduct policies.

Identify Yourself in Endorsements. If your social media activity endorses Tesla’s

products or services, i.e., expresses opinions, beliefs, findings or experiences
concerning Tesla’s products or services, you must disclose your name and position with
Tesla.

Be Respectful. Do not post content about, or any image of, Tesla, management,
coworkers or customers that is vulgar, obscene, threatening, intimidating, maliciously
false, or a violation of the Company’s policies against discrimination, harassment, or
hostility on account of a legally protected class, status or characteristic, such as race,
gender, age, or disability. You may not disparage Tesla’s products or services, or the
products or services of its customers, vendors or competitors. You may not post any
content, image or video of yourself that identifies you as a Tesla employee and depicts
you engaging in illegal conduct, such as acts of violence or the illegal use of drugs, or in
conduct that violates any Tesla policy.

Respect Tesla’s Logo. You may not use Tesla’s logo, trademark or proprietary
graphics for any commercial purpose, or any manner that may confuse the public about
your status as Tesla spokesperson, without the express prior authorization of the Vice
President of Legal.

Protect Confidential Business Information. You may not disclose, or post images or
video of, any of Tesla’s trade secrets, products or confidential business information or of
any manufacturing process. Trade secrets may include information regarding the
development of systems, business processes, products, know-how and
technology. Confidential business information may include non-public financial data,
such as estimates of financial performance; sensitive business information, such as
marketing strategies, product launches, and pricing policies; plans for the acquisition or
disposition of corporate assets; information about customers; and Tesla’s attorney-client
communications or other internal business-related confidential communications.

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How We Present Tesla to the World
Effective November 1, 2022

Safeguard Sensitive Personal Information. To reduce the risk of identity theft,

stalking, and similar criminal conduct, you may not disclose personally identifying
information (such as Social Security numbers, credit or debit card numbers or financial
account numbers) of Tesla’s employees, customers, or vendors.

Media Contacts. As discussed above, only authorized employees may speak to the
media on Tesla’s behalf. Please direct all media inquiries for comment on Tesla’s behalf
to [email protected].

The following guidelines also apply to your social media activity:

Connecting in Social Media. Managers are discouraged from accessing subordinate’s

social media pages — for example, by sending or accepting a “friend” request — unless
there is a valid Tesla business purpose for doing so. (There usually isn’t one.) Any
employee may reject, without fear of retaliation, any request from any other employee,
including your manager, that, if accepted, would permit access to a restricted social
media page — such as a friend or connection request.

Personal Profiles. If you identify yourself as affiliated with Tesla (for example, while
posting a professional profile on a site such as LinkedIn) or include Tesla in a web
based bio, make sure that you accurately describe your position and your dates of
employment and that your profile is consistent with the way that you want to present
yourself to colleagues, customers, and others with whom you interact for business
purposes. Upon termination of your employment with Tesla, stop representing yourself
as a current Tesla employee.

Posting on Company-Sponsored Sites. Employees may not use Tesla sponsored

sites directed to current or prospective customers, vendors or investors to solicit for or
promote, or engage in other activities on behalf of, unrelated organizations, including
but not limited to, personal business ventures, charities, political campaigns, religious
groups, or other membership organizations. Please see Tesla’s Non-Solicitation Policy
for additional information.

Restriction on Use of Corporate E-Mail Address. For IT security reasons, employees

may not use their Tesla e-mail address to register for any external social media account
or site, except as expressly authorized by Tesla for business purposes.

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How We Present Tesla to the World
Effective November 1, 2022

Restriction on Use of Social Media to Conduct Company Business. Employees

may not use personal social media accounts, profiles, or pages to conduct Tesla
business.

Securities Law Blackouts. Tesla has the right to request, in its sole and absolute
discretion, that employees temporarily confine their social media activity to matters
unrelated to Tesla if the company determines this is necessary to ensure compliance
with securities regulations or other laws.

Retaliation is Prohibited
Tesla prohibits taking adverse action against any employee for reporting a possible
violation of this policy or for cooperating in an investigation. Any employee who
retaliates against another employee for reporting in good faith a possible violation of this
policy or for cooperating in an investigation will be subject to disciplinary action, up to
and including termination of employment.

Enforcement
If you need clarification of any aspect of this policy, contact your HR Partner.

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Paid Time Off: Sick Time and Vacation Time
Non-Exempt Employees: United States
Effective November 1, 2022

Tesla’s Time Off Policy gives you the opportunity to take time off for vacation, illness,
and other personal needs. We give you flexibility to refresh and recharge and to care for
yourself and your family. Since not all absences are the same, Tesla provides you with
two types of paid time off—Sick Time and Vacation Time. This policy applies to all U.S.
hourly, non-exempt employees.

Sick Time

We recognize that you may need occasional unplanned time off. This time off is
available for you to recover from a short-term personal illness/injury, take care of a sick
family member, meet with health care providers or other examples in the “When to Use
Sick Time” section below and in our Employee Guidebook. Please contact your
manager as soon as possible in these situations so they can cover your responsibilities
effectively. In some cases, Tesla may request that you provide documentation to
support your absence.

Tesla provides paid Sick Time in accordance with federal, state, and local legal
requirements. If you have questions about your entitlement, use, or allotment of time off,
please reach out to your HR Partner.

Paid Sick Time under this policy does not include any COVID-19 Sick Leave. Consistent
with all applicable laws, orders and regulations, such COVID-19 related sick leave is
provided in addition to any paid Sick Time for those that qualify.

How You Receive Sick Time

Employees within their first 90 days

Employees within their first 90 days who do not have available accrued Sick Time and
who need time off as sick time for an entire day, will receive 1 day of unpaid sick time
that can be used to excuse that absence, unless federal, state and local legal
requirements require otherwise. The minimum amount of unpaid sick time that can be
applied to excuse your absence is 8 or 12 hours, depending on the length of your shift
and cannot be used in smaller increments. Employees must communicate their absence
to their manager as far in advance as reasonably possible. Please refer to the ‘How
Much Notice to Give’ section below. This unpaid time will not roll over past the 90th day
of employment.

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Paid Time Off: Sick Time and Vacation Time
Non-Exempt Employees: United States
Effective November 1, 2022

Full time employees

You are considered a full-time employee if you are regularly scheduled to work more
than 60 hours per pay period (every two weeks).

1. If you were hired on or before February 1, 2021, you received a yearly

allotment of 40 hours of Sick Time on February 1, 2021, that will take you
through January 31, 2022. You will receive 40 hours of Sick Time on
February 1 every year after that, with a sick balance cap of 80 hours.

2. If you were hired after February 1, 2021 and before September 6, 2021, you
received 40 hours of Sick Time on your hire date and will be given 40 hours of
Sick Time on every hire date anniversary after that with a sick balance cap of
80 hours.

3. If you were hired on or after September 6, 2021, you accrue Sick Time at a
rate of 1 hour for every 30 hours worked. You begin to accrue Sick Time upon
hire, and can use your Sick Time beginning on your 90th day of employment,
unless otherwise required by state or local law. The amount of Sick Time you
can accrue annually, use annually, and roll over to the following year is
determined by state and local law. Please refer to the Addendum for
information regarding our largest population centers – California,
Nevada, New York, and Texas. If your city/state is not included here,
please consult your HR Partner.

Part time employees

You are considered a part-time employee if you are hourly and work less than 30 hours
per week.

1. If you were hired on or before February 1, 2021, you were given a grant of 24
Sick Time hours on February 1, 2021. You also immediately began to accrue
Sick Time at a rate of 1 hour for every 30 hours worked.

2. If you were hired after February 1 and before September 6, 2021, you accrue
Sick Time at a rate of 1 hour for every 30 hours worked. You can carry over

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Paid Time Off: Sick Time and Vacation Time
Non-Exempt Employees: United States
Effective November 1, 2022

your Sick Time year to year and hold a maximum of 80 hours of Sick Time at
any given time.

3. If you were hired on or after September 6, 2021, you accrue Sick Time at a
rate of 1 hour for every 30 hours worked. You begin to accrue Sick Time upon
hire, and can use your Sick Time beginning on your 90th day of employment,
unless otherwise required by state or local law. Please refer to the
Addendum for information regarding our largest population centers –
California, Nevada, New York, and Texas. If your city/state is not
included here, please consult your HR Partner.

Interns and Seasonal Workers

Tesla offers Sick Time to full-time hourly U.S. interns as well as seasonal workers. If
you were hired before September 6, 2021, you will be eligible for 24 hours of paid Sick
Time provided as a lump sum on your 90th day at Tesla. If you were hired on or after
September 6, 2021, you accrue sick leave at a rate of 1 hour for every 30 hours worked.
You begin to accrue Sick Time upon hire, and can use your Sick Time beginning on
your 90th day of employment, unless otherwise required by state or local law. Please
refer to the Addendum for information regarding our largest population centers –
California, Nevada, New York, and Texas. If your city/state is not included here,
please consult your HR Partner.

When to use Sick Time

Sick Time provides paid and absence-protected time away from work when you are
sick, need to care for a family member, or other unexpected protected reasons. For time
away for illness and injuries, and other protected reasons, you must use available Sick
Time. This includes the following reasons:

• Care or treatment of your own health condition or a family member’s health

condition (including mental health conditions)
• Preventive care or diagnosis for your own health condition or a family member’s
health condition (including mental health conditions)
• If you or a family member are a victim of domestic violence, sexual
violence/assault, or stalking:

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Paid Time Off: Sick Time and Vacation Time
Non-Exempt Employees: United States
Effective November 1, 2022

o to seek medical attention for physical or psychological injuries or

disabilities caused by domestic violence, sexual violence/ assault, or
stalking;
o to obtain services from a domestic violence or sexual violence shelter,
program, victim services organization, or rape crisis center as a result of
domestic violence, sexual violence/assault, or stalking;
o to obtain psychological or other counseling related to your experience of
domestic violence, sexual violence/assault, or stalking;
o to participate in safety planning and take other actions to increase your
safety from future domestic violence, sexual violence/assault, or stalking,
including temporary or permanent relocation;
o to obtain or attempt to obtain any relief related to domestic violence,
sexual violence/assault, or stalking, including, but not limited to, legal
services, preparing for or participating in any civil or criminal legal
proceeding related to the violence, a temporary restraining order,
restraining order, or other injunctive relief, to help ensure the health,
safety, or welfare of the victim or his or her child.
• Closure of your work location or your child’s school due to declared public health
emergency or a determination by a lawful public health authority or health care
provider that the presence of the employee or a family member in the community
would jeopardize the health of others.
• To attend your child’s school-related conference or to attend a meeting regarding
care provided to your child in connection with your child’s health conditions or
disability.

Family members covered by this policy include an employee’s biological child, adopted
child, foster child, stepchild, or legal ward; spouse, domestic partner; parent of spouse
or domestic partner; grandparent, grandchild; sibling; person with whom employee was
or is in an in loco parentis relationship; or other persons related by blood or affinity and
whose close association with the employee is the equivalent of a family relationship.

How Much Notice to Give:

Notify your managers of sick days as far in advance as reasonably possible, in order to
assist your manager in planning for your absence and making sure your co-workers
have an extra hand while you are away. If your need for Sick Time off is foreseeable,
you must provide reasonable advance notice. If your need for Sick Time off is

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Paid Time Off: Sick Time and Vacation Time
Non-Exempt Employees: United States
Effective November 1, 2022

unforeseeable, you must notify your manager as soon as you can according to your
work location’s instructions for reporting an absence. Whenever possible, such as for
scheduled appointments, we request that you schedule Sick Time in advance. Let your
supervisor know and submit your time off request as soon as you schedule future
appointments.

How to Submit Sick Time Use:

1. Use the time and attendance system (Kronos) or submit a written request to
your manager to use Sick Time.

2. You must submit requests as far in advance as possible, but at least 24 hours
before your scheduled shift.

a. If that is not possible, then at least one hour before the shift, unless
medically unable.

b. In emergency situations, if you cannot access the time and attendance

system and if doing so is acceptable at your work location, you may call or
email your manager to request the use of Sick Time.

3. The minimum amount of Sick Time that can be applied is 1 hour, unless a
smaller increment is required by law.

4. If you are submitting unpaid sick time for an absence within your first 90 days
of employment, you must input the number of hours to cover your entire shift
(e.g., 8 or 12 hours).

If your absence for your own health needs or to care for a family member lasts longer
than three (3) business days, please refer to Tesla’s Leave of Absence Policies for
guidance. If you have a chronic or long-term medical condition or are caring for a family
member with such a condition, you should call The Tesla Leave and Disability Team at
844-648-3752.

If your leave is approved, you will not receive occurrences for absences which are
covered by the leave, even if you don’t use Sick Time.

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Paid Time Off: Sick Time and Vacation Time
Non-Exempt Employees: United States
Effective November 1, 2022

Vacation Time

How You Earn Vacation Time

Full time employees

You will receive Vacation Time at rate of 3.08 hours per pay period.

Part time employees

You will receive a pro-rated amount of Vacation Time at a rate of 3.08 hours per pay
period based on hours worked.

Both full time and part time employees can accrue up to a maximum balance of 240
hours. Once that maximum is reached, further accruals will cease until vacation hours
are taken and your balance falls below the maximum allowed. You will not accrue
vacation during unpaid leaves of absence, in accordance with the Leave of Absence
Policy.

How and When to use Vacation Time

You can use Vacation Time that you have earned to take vacation or personal days.
You must schedule the time off in advance with your manager, and your time off must
be approved before you take it. Your manager can deny your request based on staffing
needs or if you have provided too little notice.

How to Submit Vacation Time Off Requests:

1. Use the time and attendance system (Kronos) or submit a written request to
your manager.
2. Vacation Time cannot be applied for time off that is less than 2 hours, unless
a smaller increment is required by law.
3. Provide at least two weeks advance notice of the date you want to start your
vacation time.

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Paid Time Off: Sick Time and Vacation Time
Non-Exempt Employees: United States
Effective November 1, 2022

“Floating” Holiday

In keeping with of our commitment to celebrate and recognize the diversity of our
workforce, beginning in 2021, there will be a new and additional “Floating Holiday” to be
added to our calendar. Adding this opportunity for you to take the day to celebrate
and/or observe a day that truly matters to you is another way that we are working to
ensure that all employees feel comfortable bringing their whole selves to work, which
can include taking an important day off - with pay!

All full-time U.S. hourly employees will receive one floating holiday per year in addition
to Tesla's regular paid holidays. This floating holiday may be used for religious or
cultural holidays, employee birthdays, personal days, or other state or federal holidays
during which Tesla remains open.

Floating holidays are available at the beginning of each calendar year for all current
employees. All new employees will be granted the floating holiday upon hire. As with
vacation time, the use of a floating holiday must be scheduled, submitted in Kronos, and
approved of in advance by your manager. Floating holidays not used in a calendar year
will carry over to the following year.

Borrowing Time

Paid Sick Time or Vacation Time advances are not allowed. You are not permitted to
borrow against the future accruals of vacation time or paid Sick Time. There is no
negative balance allowed for paid Sick Time or Vacation Time.

No Retaliation

You will not be retaliated against in any way for using, seeking to use, or informing any
other employee about their right to paid sick leave under this policy or applicable law.

17
Paid Time Off: Sick Time and Vacation Time
Non-Exempt Employees: United States
Effective November 1, 2022

When You Leave Tesla

When you leave Tesla, you will be paid for any Vacation Time and floating holidays that
you have earned but not used. Subject to applicable law, accrued but unused Sick Time
will not be paid out when you leave Tesla.

ADDENDUM

California

Employees, hired on or after September 6, 2021 and based in the state of California,
earn one hour of paid Sick Time for every 30 hours worked.

Employees may take up to three days of Sick Time per year, consistent with California
law. For example:

• Employees on an 8 hour per day shift will use 8 hours of Sick Time per day, for a
use cap of 24 hours per year.

• Employees on an Alternative Work Schedule with a 12 hour per day shift will use
12 hours of Sick Time per day, for a use cap of 36/ hours per year.

Accrued Sick Time may be carried over to the next year, but the annual accrual cap is
48 hours or six days.

California employees may use accrued Sick Time beginning on their 90th day of
employment, although it will begin to accrue on their first day of employment.

Nevada

Employees based in the state of Nevada earn one hour of paid Sick Time for every 30
hours worked.

Employees may take up to 40 hours of Sick Time per year, consistent with Nevada law.

18
Paid Time Off: Sick Time and Vacation Time
Non-Exempt Employees: United States
Effective November 1, 2022

Accrued Sick Time may be carried over to the next year, but the annual accrual cap is
40 hours.

Nevada employees may use accrued Sick Time beginning on their 90th day of
employment, although it will begin to accrue on their first day of employment.

New York

Employees based in the state of New York accrue one hour of paid Sick Time for every
30 hours worked.

Employees may take up 56 hours of Sick Time per calendar year, consistent with New
York law.

Accrued Sick Time may be carried over to the next year, but the annual accrual cap is
56 hours.

New York employees may begin using accrued Sick Time immediately. There is no
waiting period.

Texas

There is no paid sick leave law in the State of Texas. The amount of paid Sick Time to
be provided for Texas employees is to be determined.

19
Policy Against Discrimination & Harassment in the
Workplace
Effective March 2021

We have zero tolerance for discrimination, harassment or any mistreatment of

employees in the workplace or work-related situations, whether based on a protected
class under applicable law or otherwise.

Because our intent is to deter conduct that is unwanted, unreasonable, and demeaning,
Tesla may consider an employee’s conduct to be in violation of this Policy even if it falls
short of unlawful conduct under applicable law. When determining whether conduct
violates this Policy, we consider whether a reasonable person could conclude that the
conduct created an intimidating, hostile, degrading or demeaning environment.

Tesla does not consider conduct in violation of this Policy to be within the course and
scope of employment and does not sanction such conduct on the part of any employee,
including people managers.

This Policy applies to everyone who works for Tesla and any of its subsidiaries in the
United States. Everyone – including individual contributors and people managers – is
responsible for following and upholding this Policy and creating a positive environment
free from harassment and discrimination of any kind. Additionally, we don’t tolerate
conduct in violation of this Policy by employees towards non-employees (e.g.,
contingent workers or contractors, guests, vendors, and customers), nor do we tolerate
such conduct by non-employees towards employees.

Protection Against Discrimination

Discrimination means treating people differently, whether an employee or a candidate

for employment, because of a person’s status in a protected class under applicable law,
including: race, color, ethnic or national origin; age; religion or religious creed (or belief,
where applicable); sex, including pregnancy, childbirth, breastfeeding, or related
medical conditions; sexual orientation; gender, gender identity, gender expression,
transgender status, or sexual stereotypes; nationality, immigration status, citizenship, or
ancestry; marital status; protected military or veteran status; physical or mental
disability, medical condition, genetic information or characteristics (or those of a family
member); political views or activity; status as a victim of domestic violence, sexual
assault or stalking; or any other basis prohibited under federal, state, or local law
(“Protected Class(es)”).

20
Policy Against Discrimination & Harassment in the
Workplace
Effective March 2021

Discrimination can also occur where a requirement, qualification or factor exists that is
not obviously discriminatory but results in the exclusion, restriction or preference of a
person because they are a member (or are not a member) of a Protected Class.

Tesla expressly prohibits any form of unlawful employee harassment or discrimination

based on any of the characteristics mentioned above, or the perception that anyone has
any of those characteristics or is associated with a person who has or is perceived as
having any of those characteristics. Improper interference with the ability of other
employees to perform their expected job duties is absolutely not tolerated here.

This applies to all phases of the employment relationship including, but not limited to,
promotion, demotion, discipline, advertising, layoff, termination, compensation, selection
and training.

If you believe you have been discriminated against or if you have witnessed, or learned
of, discriminatory conduct, or if you have questions or concerns about equal
employment opportunities in the workplace, you are encouraged to bring these issues to
the attention of your manager, HR Partner, or through the Integrity Line at 1 (800) 461-
9330.

Protection Against Harassment

Harassment, including sexual harassment, means any unwelcome verbal, visual,

written, or physical conduct based on any Protected Class, as mentioned above. Such
conduct may include, but is not limited to:

• Verbal conduct including taunting, jokes, threats, epithets, derogatory comments

or slurs based on an individual's status in a protected class;
• Visual and/or written conduct including derogatory posters, photographs,
calendars, cartoons, drawings, websites, emails, text/chat messages (including
emojis, memes, or GIFs) or gestures based on an individual’s status in a
protected class; or
• Physical conduct including assault, unwanted touching or blocking normal
movement because of an individual's status in a protected class.

21
Policy Against Discrimination & Harassment in the
Workplace
Effective March 2021

Sexual harassment can include unwelcome sexual advances, requests for sexual
favors, and other verbal or physical harassment of a sexual nature, that affects an
individual's employment, unreasonably interferes with the individual's work performance
or otherwise adversely affects an individual’s employment opportunities, or creates an
intimidating, hostile, or offensive work environment. Sexual Harassment does not have
to be of a sexual nature, however, and can include offensive remarks about a person’s
sex/gender.

Examples of behaviors or actions that may be sexual harassment include, but may not
be limited to:

• Unwanted sexual advances (pressure for sexual activity) or propositions

(including repeated and unwelcome requests for dates); offers of employment
benefits in exchange for sexual favors; making or threatening reprisals after a
rejection of, or negative response to, sexual advances;
• Visual conduct: leering, making sexual gestures, displaying of pornographic or
sexually suggestive images, objects, pictures, cartoons, graffiti, posters or
websites on computers, emails, cell phones, bulletin boards, etc.;
• Verbal conduct: making or using sexist remarks or derogatory comments based
on gender, innuendos, epithets, slurs, sexually explicit jokes, or lewd or sexual
comments about an individual’s appearance, body or dress, whistling or making
suggestive or insulting sounds;
• Written conduct: graphic written sexually degrading commentary about an
individual's body or dress, sexually suggestive or obscene letters, notes,
invitations, emails, text/chat messages (including emojis, memes, or GIFs),
tweets or other social media postings;

Physical conduct: unwelcome or inappropriate touching, patting, punching, impeding or

blocking movements, and repeated brushing against another person's body.

Sexual harassment can happen regardless of the individual’s gender, gender identity, or
gender expression and can, for example, occur between same-sex individuals as well
as between opposite-sex individuals, and does not require that the harassing conduct
be motivated by sexual desire.

Harassment may arise from conduct by managers/supervisors, co-workers, temporary

workers, business partners, vendors, or any other third party.

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Policy Against Discrimination & Harassment in the
Workplace
Effective March 2021

These examples are not exhaustive, and there may be other behaviors that constitute
unacceptable behavior under this Policy.

Pro-tip: “I was joking” or “I didn’t mean it that way” are not defenses to allegations of
harassment or inappropriate behavior. Nor is being under the influence of alcohol or
other substances (and you shouldn’t be under the influence at work anyway, so this
would be a really bad excuse).

This Policy applies to conduct at work and at work-related social events, office parties,
off-site Tesla sponsored events and meetings, and customer entertainment events. You
are expected to be particularly careful about what you say and do in these
circumstances. Harassment does not include a reasonable action taken by Tesla
relating to the supervision and direction of an employee or the workplace.

You do not need to be the subject of the conduct to be negatively impacted; rather, it is
sufficient for you to have personally witnessed such offensive conduct. If you believe
you have been harassed or if you have learned of or witnessed harassing behavior, or if
you have questions or concerns about harassment in the workplace, you are
encouraged to bring these issues to the attention of your manager, HR Business
Partner, or through the Integrity Line. Members of management who receive a report,
witness, or learn of harassing behavior will be subject to discipline for failing to report in
a timely manner.

Protection Against Bullying

Because we’re trying to maintain a respectful working environment where everyone

feels empowered to collaborate and do their job well, Tesla does not tolerate abusive
conduct, bullying or other intimidating or aggressive behavior among employees or
others covered by this Policy, whether it is based on a Protected Class or not. Bullying
can include malicious, deliberate, hurtful mistreatment of employees driven by a desire
to control that involves repeated acts of humiliation, intimidation, undermining, and
sabotage of performance.

23
Policy Against Discrimination & Harassment in the
Workplace
Effective March 2021

Examples of Bullying

• Intentionally excluding someone from normal workplace conversations and

making them feel unwelcome
• Social bantering or teasing
• Verbal abuse, humiliation or constant criticism
• Yelling, shouting and screaming
• Stealing credit for work performed by others
• Threats
• Insults and behind the back put-downs
• Exclusion or isolation

This list of examples is not exhaustive, and there may be other behaviors that constitute
unacceptable behavior under this Policy.

Any employee who believes that they have been subjected to bullying, pressured to
participate in bullying or has witness or learned of bullying should report it to their
manager/supervisor, HR Business Partner, or through the Integrity Line.

Reporting Discrimination and Harassment

Employees have the right to freely discuss their wages, benefits and terms and
conditions of employment, and to raise complaints internally or externally. This includes
potential discrimination and harassment complaints. Consistent with our “Open Floor”
Policy mentioned above, Tesla encourages you to bring any concerns or complaints you
may have to any member of management, HR Partner, or through the Integrity Line.

Again, we all have a role to play in ensuring we maintain a respectful and safe
workplace. To this end, any employee who is subjected to, a witness of, or has
knowledge of, any conduct that violates this Policy, is expected to immediately report
the conduct to their manager, HR Partner, or report through the Integrity Line. Members
of management may be subject to discipline for failing to report in a timely manner.
Tesla will promptly and thoroughly investigate the alleged misconduct and if a violation
of this policy is found will take appropriate corrective action.

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Policy Against Discrimination & Harassment in the
Workplace
Effective March 2021

Protection Against Retaliation

Retaliation is adverse conduct taken because an individual reported an actual or

perceived violation of this policy, opposed practices prohibited by this policy, or
participated in the reporting and investigation process in good faith 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.

Tesla will not retaliate against anyone who files a complaint in good faith, participates in
an investigation into such a complaint, or opposes conduct that is prohibited under this
policy. Tesla prohibits retaliation by management employees, coworkers, vendors,
customers, and other third parties. If you feel you have been subjected to any such
retaliation, you should bring it to the attention of your immediate supervisor, HR Partner,
or the Integrity line at 1 (800) 461-9330. Employees who intentionally make a fraudulent
complaint may be disciplined, up to and including termination of employment.

If Tesla determines that inappropriate conduct or statements have occurred, appropriate

disciplinary action will be taken up to and including termination from employment.

Workplace Investigation Process

As mentioned above, you can report good faith concerns to your manager/supervisor,
HR Partner or anonymously through the Integrity Line. Human Resources, together with
Employee Relations, will ensure that your concern is investigated promptly and
impartially in a manner appropriate to the circumstances. During the investigation, Tesla
may temporarily reassign, or place on administrative leave, either or both of the
impacted party and an individual who is the subject of the complaint or incident.

How to Participate

The investigator(s) may undertake some or all of the following procedures as deemed

25
Policy Against Discrimination & Harassment in the
Workplace
Effective March 2021

appropriate in the circumstances:

• Review the allegations

• Conduct interview(s) of the reporting party, impacted party, potential witnesses,
the subject of the complaint, or anyone with relevant information
• Collect and review documents
• Review the workplace or sites of the incident

Where directed by a Tesla investigator, everyone involved in the investigation must do

everything reasonably possible to keep the complaint confidential to preserve the
integrity of the investigation while it is ongoing in order to reach accurate conclusions, to
help to ensure fairness to all involved, and to help to protect the privacy of employees
who have brought complaints or are accused of misconduct. Employees must
cooperate and provide truthful information in an investigation. Remember, we all have a
role to play in creating and maintaining a respectful work environment, and failure to
cooperate or providing false, deliberately deceptive, or intentionally misleading
information may result in disciplinary action, up to and including termination from
employment. Destroying relevant information, data or evidence during an investigation
may also result in disciplinary action, up to and including termination from employment.

Participating in a workplace investigation does not guarantee absolute confidentiality

nor is it intended to curtail employee rights under the law to discuss work-related
matters. Disclosure of information learned through the complaint process and the
investigation will be limited to disclosures that are necessary for Tesla to fulfill its legal
obligations to investigate and take prompt action to end the prohibited conduct
described in this Policy, including to those with a need to know.

What Happens Next

After conducting an investigation, the investigator(s) will make an objective assessment

of whether there has been a violation of any policy. If Tesla determines that an
employee’s conduct has violated this Policy, we will take steps to ensure the conduct is
effectively addressed, and any employee found to have engaged in any such conduct
may be subject to discipline, up to and including termination of employment.

The outcome of the investigation will be reported to the impacted party and the
individual who is the subject of the complaint or incident, provided they are each an

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Policy Against Discrimination & Harassment in the
Workplace
Effective March 2021

employee. To protect the privacy of all individuals involved in the investigation, we may
only be able to share limited information.

In addition, the federal Equal Employment Opportunity Commission (EEOC) and local
state agencies (like the California Department of Fair Employment and Housing (DFEH)
in California) investigate and prosecute complaints of prohibited harassment,
discrimination and retaliation in employment. If you think you have been harassed or
discriminated against, or that you have been retaliated against for resisting, complaining
or participating in an investigation, you also have the right to file a complaint with the
appropriate agency. The nearest office can be found by visiting the agency websites at
www.eeoc.gov. Contact information for applicable state agencies in other jurisdictions
can be found on state government websites, and the EEOC may also be able to assist
you in contacting any local state agency.

We recognize that employees may find it difficult or uncomfortable to raise complaints,

so we want to reiterate: Tesla strictly prohibits any employee from retaliating against
another for participating in the complaint or investigation process. Retaliating against an
employee who made a complaint or otherwise participates in the investigation process
in good faith is grounds for discipline, up to and including termination of employment.

27
Substance Abuse and Testing Policy
Effective April 17, 2017

A. Purpose

Tesla, Inc., and its subsidiaries and affiliates (“the Company”), values its employees and
customers and desires a safe, productive and healthy workplace. Drug and alcohol
abuse adversely affect productivity, work quality and dependability, as well as pose a
significant threat to the safety, security and welfare of the Company, its employees,
customers, vendors and the general public. Such abuse can also affect an employee’s
opportunity for advancement and successful employment. You are expected to report to
work fit for duty and free of any adverse effects of any drugs or alcohol. Accordingly, the
Company has established and administers this Substance Abuse and Testing Policy
(“Policy”) to maintain a workplace free from the abuse of drugs and alcohol.

Tesla respects employee privacy and does not discriminate on the basis of lawful off-
duty conduct that does not impact work performance. Tesla does, however, comply with
the following standards and protocol related to workplace safety.

B. Coverage

Applicants for Safety-Sensitive Positions. This Policy covers applicants for safety-
sensitive positions insofar as applicants, after a conditional offer of employment has
been made, are required to submit to and receive a negative test result on a pre-
employment drug test as a condition to employment. Applicants, however, are not
entitled to participate in any employment term available only to employees (e.g., any
Employee Assistance or Rehabilitation Program).

All Employees. This Policy covers all employees as permitted by applicable law.
Employees must comply with this Policy as a condition of employment and continued
employment.

C. Effective Date

This Policy is effective April 17, 2017.

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Substance Abuse and Testing Policy
Effective April 17, 2017

D. Non-Discrimination

Pursuant to the Americans with Disabilities Act and similar state law requirements, the
Company does not discriminate against applicants or employees who are qualified
individuals with a disability who are not current illegal drug users and who do not
otherwise violate this Policy, including individuals who are no longer engaging in such
use and: (1) have successfully completed or who are currently participating in a
supervised rehabilitation program; or (2) have otherwise been rehabilitated successfully.
In addition, the Company does not discriminate against recreational users of alcohol or
other legal substances. At all times the Company honors reasonable accommodation
obligations under disability discrimination laws.

E. State/Local Law

This Policy is administered in compliance with all applicable state and federal laws.

F. Inspections

The Company reserves the right to inspect Company owned or leased vehicles and
premises (including owned/leased parking lots) and property (e.g., offices, desks,
lockers and other repositories). Where reasonable suspicion exists to believe an
employee has used, possessed, consumed, transferred, transported, distributed,
manufactured, sold, purchased or dispensed illegal drugs on Company premises, in
Company vehicles or during working time, the Company will notify and cooperate with
an appropriate law enforcement agency in any related investigation (e.g., permitting
drug detection/sniffing dogs on company property). This Policy extinguishes and
eliminates any continuing expectation of privacy as to the ability to conduct an
inspection where reasonable suspicion exists to believe that there has been a Policy
violation. Where reasonably practical as determined by the Company, inspections will
be conducted in the presence of the employee implicated in the potential Policy
violation. The Company will comply with all applicable state laws where reasonable
suspicion is required in order to conduct inspections.

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Substance Abuse and Testing Policy
Effective April 17, 2017

G. Definitions

Drug means a controlled substance, as defined in Schedules I through V of Section 202

of the Controlled Substances Act (CSA), 21 U.S.C. § 812 the CSA’s implementing
regulations found at 21 C.F.R. Part 1308 and comparable state laws and regulations.
“Drug” includes but is not limited to cocaine, opiates, marijuana, amphetamines and
phencyclidine (PCP). Note that Tetrahydrocannabinol (THC, marijuana) is still
considered a Schedule 1 drug under the CSA, even though some U.S. states have de-
criminalized marijuana for recreational or medical use.

Illegal drugs mean all drugs the use or possession of which is illegal under federal,
state, or local law, including medical, recreational or synthetic marijuana as well as
prescription medication which is used in a manner inconsistent with the prescription or
for which the individual does not have a valid prescription. Note: the Company
reserves the right to take adverse action based on marijuana use or possession
to the fullest extent permitted by law, whether or not marijuana has been
medically prescribed or used in a state where recreational use has been de-
criminalized.

Under the influence of alcohol means: (1) the presence of alcohol in the individual’s
system which equals or exceeds an alcohol concentration of 0.02; or (2) behavior,
appearance, speech, or bodily odors that lead a supervisor to reasonably suspect that
the employee is impaired by alcohol during working time or on Company premises.

Under the influence of drugs means: (1) the presence of any detectable amount of a
drug or its metabolites demonstrated by a verified confirmed positive drug test result, or
(2) behavior, appearance, speech, or bodily odors that lead a supervisor to reasonably
suspect that the employee is impaired by drugs.

During working time means time during which an employee is being paid to work for
or represent the Company or an employee is in fact representing the Company’s
interests. The term includes all paid break and meal periods.

Safety-sensitive position means all positions within the manufacturing/production,

sales, service, and delivery business units, including any supervisory position where
impairment caused by drug or alcohol use or even a momentary lapse of attention could
threaten the health or safety of any person.

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Substance Abuse and Testing Policy
Effective April 17, 2017

Safety-sensitive area means all areas within the manufacturing/production, sales,

service, and delivery business units, including any area where impairment caused by
drug or alcohol use or even a momentary lapse of attention could threaten the health or
safety of any person.

H. Testing

The Company reserves the right, subject to applicable law, to:

(1) test specimens for the presence of drugs and alcohol (specimens may include
urine, saliva, breath, sweat, blood, hair and/or other body component samples,
as well as breath);

(2) conduct on-site collections and testing (also known as “field” or point-of-collection
testing);

(3) use test results conducted by third parties including, but not limited to, law
enforcement agencies and hospitals, as the basis for determining whether an
employee has committed misconduct.

The Company will pay all testing costs, with the exception of any permitted confirmatory
re-tests, the costs of which, unless restricted by law, the donor requesting the re-test
must pay.

Testing circumstances are as follows:

Pre-Employment

The Company conditions employment offers extended to job applicants for safety-
sensitive positions on an applicant’s voluntary consent to taking a drug test and a
negative test result. If an applicant does not have a negative test result or refuses to
undergo testing, the employment offer will be withdrawn.

Post-Accident or Post-Accident-Incident

Tesla has a duty to maintain a safe work environment. As part of that duty and in order

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Substance Abuse and Testing Policy
Effective April 17, 2017

to investigate work-related accidents, post-accident drug and alcohol testing may be

required where there is a reasonable possibility that drug or alcohol use was a
contributing factor in a serious accident or accident-incident. Serious accidents or
accident-incidents include those that have caused an injury severe enough to warrant
medical attention or first aid of any kind, or have caused any property damage. Only
those workers whose actions may have caused or contributed to the accident, and
where drug or alcohol use is reasonably believed to be a contributing factor, will be
tested.

Employees asked to take a post-accident or post-accident-incident test will be

transported to the collection site for testing (if an onsite clinic is not available) and then
transported home pending receipt of test results. Employees will be placed on
administrative leave without pay pending the results of the test. If the test results are
negative, the employee will be compensated for any wages lost due to the leave, unless
the suspension without pay is justified under another company policy.

Employees are expected to make themselves available for post-accident or post-

accident-incident testing. If circumstances require an employee to leave an accident
scene, the employee must make a good faith effort to, when possible, notify the
Company of his/her location and, in consultation with his/her manager, Human
Resources, or the Environmental, Health & Safety Department, submit to post-accident
or post-accident-incident testing. Under certain state laws, employees refusing to test or
testing positive may be ineligible for workers’ compensation and/or unemployment
compensation benefits. Any employee who unreasonably fails to report any work-
related accident, injury, or illness is in violation of this Policy and is subject to
disciplinary action, up to and including termination of employment. This Policy is
provided in order to balance the Company’s interest in maintaining accurate records
and ensuring that employees are reporting work-related accidents and injuries in a
reasonably prompt manner, while providing employees with a reasonable procedure to
report work-related accidents, injuries, and illnesses within a reasonable timeframe after
the employee has realized that he/she was involved in, or witnessed, a reportable or
recordable work-related accident, injury or illness.

Nothing in this Policy is intended to deter or discourage employees from reporting a

workplace accident or injury. Instead, the purpose of this policy is to provide a
reasonable procedure for investigating whether drug or alcohol impairment was a
contributing factor in serious accidents and/or accidents-incidents. Employees will not

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Substance Abuse and Testing Policy
Effective April 17, 2017

be retaliated against for reporting work-related accidents, injuries or illnesses, or a

workplace safety concern.

Reasonable Suspicion

Employees will be asked to submit to a drug and alcohol test if reasonable suspicion
exists by two (2) members of management (or a Tesla employee that has successfully
completed the Drug and Alcohol Awareness Prevention training) indicating that the
employee is under the influence of drugs or alcohol or has violated this Policy.
Reasonable suspicion means a basis for forming a belief based on specific facts and
rational inferences drawn from those facts.

Employees asked to take a reasonable suspicion drug and alcohol test will be
transported to the collection site for testing (if an onsite clinic is not available) and then
transported home pending receipt of test results. Employees will be placed on
administrative leave without pay pending the results of the test. If the test results are
negative, the employee will be compensated for any wages lost due to the leave, unless
a suspension without pay is justified under another Company policy.

I. Collection/Testing Procedures

Collection and Chain-of-Custody.

Persons being drug tested will be asked to provide a sample by the collection site
person. The initial collection site may be a clinic or other medical facility or, subject to
applicable law, the field (on-site). Procedures for the collection of specimens will allow
for individual privacy and specimen collection will not be observed. Specimens will be
subject to validation procedures as appropriate.

Testing Methods.

All urine drug test samples will be screened using an immunoassay technique and all
presumptive positive drug tests will be confirmed using gas chromatography/mass
spectrometry (GC/MS). Breath and/or saliva tests may be used to detect the presence
of alcohol. Alcohol tests will typically be conducted and, if positive, confirmed
immediately at the collection site. An alcohol test will be considered positive if it shows
an alcohol concentration that equals or exceeds 0.02. Tests will seek only information

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Substance Abuse and Testing Policy
Effective April 17, 2017

about the presence of drugs and alcohol in an individual’s specimen, and will not test for
any medical condition.

Notification.

Any individual who has a confirmed positive test result for drugs will be contacted by a
MRO before the result is reported, and given an opportunity to provide any reasons he
or she may have that he/she believes would explain the positive drug test. If the
individual provides an explanation indicating that the positive drug-test result is due to
factors other than the consumption of illegal drugs and that explanation is acceptable to
the MRO, the MRO will order the positive test result to be disregarded and will report
the test as negative to the Company. Otherwise, the MRO will verify the test as positive
and report the result.

Individuals also will be provided with a copy of their own positive or non-negative test
results. An individual who tests positive for drugs may request, within three days of
being notified of the positive result, that his or her sample be sent to an independent
certified laboratory for a second confirmatory test, at his or her own expense, although
the Company may suspend, transfer, or take other appropriate action pending the
results of any such re-test.

J. Post – Collection/Testing Procedural Requirements

Explaining Positive Test Results.

Applicants and employees will be given an opportunity to discuss a positive drug test
result with the Company’s Medical Review Officer before the result is reported to the
Company as a verified confirmed positive test result.

Copies of Positive Test Results.

Upon request, the Company will provide applicants and employees with copies of
positive test results.

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Substance Abuse and Testing Policy
Effective April 17, 2017

Confirmatory Retests.

Applicants and employees with verified confirmed positive drug test results may, at their
expense and within two (2) days of notice of the result, request a confirmatory re-test of
the original sample specimen within seven (7) days of notice of the results by contacting
Human Resources.

K. Policy Prohibitions

Employees are strictly prohibited from engaging in the conduct listed below.

1. With respect to drugs, employees violate this Policy by engaging in the following
conduct, whether or not during work time or on Company premises or property,
except as otherwise noted:

a) bringing and/or storing (including in a desk, locker, automobile, or other

repository) illegal drugs or drug paraphernalia on the Company’s premises
or property, including Company-owned or leased vehicles, in vehicles
used for Company purposes or a customer’s premises;

b) having possession of illegal drugs, as defined by this Policy, and including

THC/marijuana, being under the influence of illegal drugs, or testing
positive on a test administered under or recognized by this Policy, for
drugs;

c) using, consuming, cultivating, transferring, transporting, distributing,

manufacturing, selling, soliciting, purchasing or dispensing illegal drugs;

d) abuse of prescription drugs which includes exceeding the recommended

prescribed dosage or using others’ prescribed medications;

e) switching, tampering with or adulterating any specimen or sample

collected under this Policy, or attempting to do so;

f) refusing to cooperate with the terms of this Policy which includes

submitting to questioning, drug testing, medical or physical tests or
examinations if requested; a refusal to test includes conduct obstructing

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Substance Abuse and Testing Policy
Effective April 17, 2017

testing such as failure to sign necessary paperwork, failing to report to the

collector and/or collection site at the appointed time and failing to be
reasonably available for a post-accident or post-accident-incident test;

g) failure to advise a supervisor or manager of the use of a prescription or

over-the-counter drug which may alter the employee’s ability to perform
the essential functions of his or her job where such use would create a
significant risk to the health or safety of others that cannot be eliminated
by reasonable accommodation;

h) failure of employees to notify a supervisor before going to work if he or

she believes that he or she is under the influence of drugs; or,

2. With respect to alcohol - including but not limited to any beverage or medicine
that contains alcohol - employees violate this Policy by engaging in the following
conduct during work time or on Company premises or property, or as otherwise
provided:

a) bringing and/or storing alcohol in safety sensitive areas on Company

premises or property, including Company owned or leased vehicles, in
vehicles used for Company purposes or a customer’s premises (unless
authorized in advance by a Director of Human Resources);

b) being under the influence of alcohol, testing positive for alcohol or having
alcohol in his/her system provided that, lawful off-duty alcohol use is not
prohibited provided that such use does not interfere with an employee’s
job performance or safe operation of Company owned or leased vehicles;

c) switching, tampering with or adulterating any specimen or sample

collected under this Policy, or attempting to do so;

d) refusing to cooperate with the terms of this Policy which includes

submitting to questioning, alcohol testing, medical or physical tests or
examinations if requested; a refusal to test includes conduct obstructing
testing such as failure to sign necessary paperwork, failing to report to the
collector or technician and/or collection site at the appointed time and
failing to be reasonably available for a post-accident or post-accident-
incident test;

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Substance Abuse and Testing Policy
Effective April 17, 2017

e) failure of employees to notify his or her supervisor before going to work if

he or she believes that he or she is under the influence of alcohol;

f) using alcohol within four (4) hours prior to performing a safety-sensitive

function;

g) reporting to work to perform safety-sensitive work or remaining at work

with an alcohol concentration that equals or exceeds 0.02.

There may be occasions when it is permissible for employees of legal drinking age to
consume reasonable amounts of alcohol at Company sponsored/sanctioned/hosted
social events, provided that consumption of alcohol is authorized in advance by a
Director of Human Resources. Examples of occasions that might qualify for exemption
include social events (e.g., holiday parties, summer picnics). Employees may never
possess or be under the influence of illegal drugs. Employees who choose to drink are
strictly prohibited from driving a vehicle if beyond the legal drinking limit or his/her
faculties are impaired by alcohol, and the company will make taxis or other alternative
transportation available to any employee following such events.

No employee consuming alcohol at a Company sponsored/sanction/hosted event

should drive any company owned or leased vehicle or perform safety-sensitive work.

Notwithstanding the foregoing exceptions, alcohol must be consumed in moderation at

these events, and Company policies and standards, including those pertaining to
harassment and workplace violence, continue to apply. Additionally, in no event may
any minors who are in attendance at such events consume alcohol.

L. Consequences for Policy Prohibitions

Employees who engage in any of the conduct prohibited by this Policy are subject to
discipline, up to and including termination of employment and at the Company’s sole
discretion. While the discipline imposed will depend on the circumstances, and the
Company reserves the right to determine, in its discretion, discipline imposed, the
Company has ZERO TOLERANCE for the following Policy violations, and the
employment of employees who commit those violations will be terminated immediately:
possession, sale or use of illegal drugs on Company premises or during working time,

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Substance Abuse and Testing Policy
Effective April 17, 2017

refusing to submit to testing, or attempting to switch, adulterate or tamper with a

specimen.

Employees who are terminated as result of violating this Policy may not re-apply to the
Company for one year.

M. Employee Assistance Program

Every Tesla employee has access to our GuidanceResources services whether or not
they are enrolled in our medical benefit plans. GuidanceResources is an employee
assistance program that gives employees access to professional counseling services.
GuidanceResources provides assistance with a wide variety of problems or concerns,
including substance abuse. GuidanceResources is available 24 hours a day, 7 days a
week, and can be accessed confidentially using the following website,
https://www.guidanceresources.com (WebID: TESLA), or by calling 855.742.6142.

N. Self-Disclosure of Drug/Alcohol Dependence/Abuse Issues

The Company supports employees who voluntarily seek help for substance abuse (self-
disclosure). The Company will provide information regarding our Employee Assistance
Program about counseling and rehabilitation services and service providers. An
employee who is receiving counseling and/or treatment for substance abuse may use
available PTO (Paid Time Off) and/or, if eligible, family and medical leave. Health
insurance often covers the costs of such services, but costs not covered must be paid
by the employee.

An employee’s decision to seek help voluntarily will not be used as a basis for
disciplinary action, although the individual may be transferred, given work restrictions, or
placed on leave, as appropriate, subject to applicable law. A request for help is
considered voluntary only if it is made before the employee is asked to submit to a drug
or alcohol test and only if made prior to the violation of any Company policy, procedure
or standard of performance or behavior. Nor will such self-disclosure excuse employees
from compliance with standards of performance or behavior/conduct expected of
similarly situated employees.

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Substance Abuse and Testing Policy
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O. Prescription Drug Abuse

The proper use of medication prescribed by your physician is not prohibited; however,
Tesla does prohibit the misuse of prescribed medication. Employees’ drug use may
affect their job performance, such as by causing dizziness or drowsiness. It is the
employee’s responsibility to determine from his/her physician whether a prescribed drug
may impair safe job performance and to notify a manager of any job restrictions that
should be observed as a result. An employee need not report the medication used or
the underlying medical condition to his or her supervisor/manager. However, in
accordance with applicable law, the Company may ask the employee to discuss this
information in order to determine when the employee is in need of a reasonable
accommodation. Notwithstanding the foregoing, the Company reserves the right to take
adverse action to the fullest extent permitted under law with respect to impairment
related to marijuana use, whether or not prescribed.

P. Confidentiality and Privacy

All drug and alcohol test results will remain and be considered confidential. Results will
only be disclosed within the Company on a need-to-know basis or as allowed by law
and will be retained in a secure location with controlled access. Information about an
employee’s medical condition or history obtained in connection with a drug and alcohol
test will be kept in a file separate and apart from the employee’s personnel file. The
release of an individual’s drug and alcohol test results and other information gained in
the testing process will only be otherwise disclosed in accordance with an individual’s
written authorization or as otherwise required or permitted by applicable law. By way of
example only, test results and other information obtained in the testing process may be
used and disclosed in litigation (e.g., arbitration, administrative hearings or judicial
proceedings) if the information is relevant to the hearing or proceeding, to any
government agency to the extent required by law, rule or regulation or is compelled by
judicial or administrative process, or to a substance abuse or rehabilitation
assessment/treatment facility or provider for the purpose of evaluation/assessment or
treatment.

The Company will attempt to ensure that all aspects of the testing process, including
specimen or sample collection, are as private and confidential as reasonably practical. If
a urine specimen is requested, employees or applicants will not be observed while
providing a specimen.

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Substance Abuse and Testing Policy
Effective April 17, 2017

Q. Drug-Free Workplace

EMPLOYEES PERFORMING WORK ON DRUG-FREE WORKPLACE ACT

COVERED CONTRACTS.

Employees subject to and performing work covered by federal and state Drug-Free
Workplace Act of 1988 requirements are hereby specifically notified that the unlawful
manufacture, distribution, dispensation, possession, or use of a controlled substance is
prohibited in the workplace. Each employee engaged in the performance of covered
government contracts will be given a copy of this provision of this Policy.
As a condition of employment on DFWA-covered government contracts employees
must abide by the foregoing terms statement and notify the Company of any criminal
drug statute conviction for a violation occurring in the workplace no later than 5 days
after the conviction. The Company will notify the contracting agency within 10 days after
receiving any such notice or otherwise receiving actual notice of a conviction. Under
DFWAs, the Company must impose a sanction on, or require satisfactory participation
in a drug abuse assistance or rehabilitation program by, any employee who is convicted
of a violation for of a criminal drug statute occurring in the workplace.

Within 30 days after receiving notice from an employee of a conviction the Company
must take appropriate personnel action against the employee, up to and including
termination or require the employee to satisfactorily participate in a drug abuse
assistance or rehabilitation program approved for those purposes by a Federal, State,
or local health, law enforcement, or other appropriate agency.
The Company, per DFWA act requirements, has established a drug-free awareness
program informing employees about the dangers of drug abuse in the workplace, the
Company’s policy of maintaining a drug-free workplace, available drug counseling,
rehabilitation, and employee assistance programs and the penalties that may be
imposed on employees for drug abuse violations.

At all times, the Company will make a good faith effort to continue to maintain a drug-
free workplace through implementation of the DFWA provisions of this Policy.

R. Questions

If questions arise regarding this Policy, please direct them to Human Resources.

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Substance Abuse and Testing Policy
Effective April 17, 2017

S. Reservation of Rights

This Policy supersedes and revokes any other Company practice or policy relating to
the use of drugs and alcohol in the workplace, drug and/or alcohol testing and all other
subject matter addressed in this Policy. The Company reserves the sole right to
interpret and administer this Policy, and at any time and at its sole discretion, amend,
supplement, modify, revoke, rescind or change this Policy, in whole or in part, with or
without notice and with or without consideration. This Policy is not an express or implied
contract of employment nor is it to be interpreted as such. Additionally, this Policy does
not in any way affect or change the status of any at-will employee. All employees who
do not have a written employment contract with the Company are at-will employees. At-
will employees continue to be free to terminate their employment or resign from
employment at any time and the Company continues to be free to terminate the
employment of at-will employees, with or without cause, with or without notice, for any
lawful reason or for no reason at all. Nothing in this Policy is a promise or guarantee or
should be construed as a promise or guarantee that the Company will follow in any
particular circumstances any particular course of action, disciplinary, rehabilitative or
otherwise.

T. Whistle Blowing

Tesla is committed to maintaining a culture where it is safe and acceptable for all
employees to raise concerns about policy violations (including negligence, breach of
contract) or employee and/or manager misconduct. The employee may contact any
member of the Tesla management team when reporting Company concerns. The
employee may also contact the Human Resources department in the cases where the
concern is about their immediate manager. Tesla will maintain the information reported
by the employee in confidence as necessary.

The employee raising the concern in good faith (whistle blowing), and employees who
cooperate with such an investigation, will not be retaliated against, and disciplinary
action will be taken up to and including immediate dismissal of anyone who undertakes
such retaliatory actions. For complete details on Tesla’s complaint procedures, please
visit the Integrity Line, Tesla’s confidential and anonymous hotline.

41
Appendix: State-Specific Drug Testing Policies
Effective April 17, 2017

The policies contained in this Appendix apply only to Tesla employees located in the
designated states. These policies provide additional protections in accordance with
applicable state law and are in addition to the policies enumerated in the Handbook.
Any questions on the Handbook policies or on this Appendix should be directed to the
Human Resources department.

As Tesla expands into additional states, Tesla will comply with all applicable state laws.
Contact the Human Resources department for more information regarding state-specific
policies for any states not included in this Appendix.

A. ARIZONA

i. Arizona Substance Abuse and Testing

a. Coverage.

The Company’s Substance Abuse and Testing Policy in Arizona applies to all
applicants and all employees.

b. Scheduling of Tests, Sample Collection and Testing.

All scheduling of test, sample collection and testing procedures will conform to
Arizona Revised Statutes, Chapter 2, Article 14, §§ 23-493.02 - 23-493.03.
.
c. Reasonable Suspicion Testing.

Employees must submit to testing if the Company has reasonable suspicion to

conclude that an employee may be affected by the use of drugs or alcohol and
that the use may adversely affect job performance or the work environment.

d. Right to Results.

Employees have the right upon request to obtain written test results.

e. Right of Explanation.

Employees have the right, on request, to explain in a confidential setting, a

42
Appendix: State-Specific Drug Testing Policies
Effective April 17, 2017

positive test result.

f. Exclusion from Safety-Sensitive Positions.

Applicants applying for or employees performing safety-sensitive functions or in

safety-sensitive positions may be excluded from their position based on the
Company’s good faith belief that the individual engages in the current use of any
drug, whether legal, prescribed by a physician or otherwise, if the drug could
cause impairment or otherwise decrease or lessen the employee’s job
performance or ability to perform the employee’s job duties safely. Such
employees believed to be engaged in the current use of any drug may be subject
to reassignment, paid or unpaid leave, suspension, or termination of
employment, assuming no reasonable accommodation is possible. Supervisors
must contact the Human Resources Department before rejecting an employment
applicant or discharging an employee or taking any other adverse employment
action against an employee or applicant because of a suspected impairment or
positive drug test for marijuana or any other substance.

“Safety-sensitive positions” are those employees in any job designated by the

Company as safety-sensitive positions or any job that includes tasks or duties
that the Company in good faith believes could affect the safety or health of
employees performing the task or others, including any of the following:

1) Operating a motor vehicle, other vehicle, equipment, machinery or power

tools.

2) Repairing, maintaining or monitoring the performance or operation of any

equipment, machinery or manufacturing process, the malfunction or
disruption of which could result in injury or property damage.

3) Performing duties in the residential or commercial premises of a customer,

supplier or vendor.

4) Preparing or handling food or medicine.

5) Working in any occupation regulated pursuant to title 32 of the ARS.

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Appendix: State-Specific Drug Testing Policies
Effective April 17, 2017

g. Confidentiality

All communications received by the Company relevant to drug test or alcohol test
results received through the Company’s testing program are confidential
communications and may not be used or received in evidence, obtained in
discovery or disclosed in any public or private proceeding, except in a proceeding
related to an action taken by the Company or an employee under the Arizona
Drug Testing of Employees statute or except disclosure to:

1) The tested employee or prospective employee or any other person

designated in writing by that employee or prospective employee.

2) Individuals designated by Tesla to receive and evaluate test results or

hear the explanation of the employee or prospective employee.

3) An arbitrator or mediator, or a court or governmental agency as authorized

by state or federal law.

h. Medical Marijuana.

1) Discrimination Prohibited. Unless a failure to do so would cause the

Company to lose a monetary or licensing related benefit under federal law
or regulations, the Company will not discriminate against a person in
hiring, termination or imposing any term or condition of employment or
otherwise penalize a person based upon the person’s status as a medical
marijuana cardholder.

2) Prohibited Medicinal Marijuana Use. Applicants and employees are

strictly prohibited from using, possessing or being impaired by marijuana
on Company premises, in Company owned or leased vehicles or during
working time. Applicants and employees are specifically prohibited from
and are subject to discipline up to and including termination of
employment for ingesting marijuana on Company premises or in any
Company owned or leased vehicles or working while under the influence
of marijuana. Finally, as marijuana use continues to be illegal under
federal law, the Company reserves the right to take adverse action with
respect to any applicant or employee with a verified confirmed positive test

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Appendix: State-Specific Drug Testing Policies
Effective April 17, 2017

result for marijuana in connection with a drug test administered under the
Policy and this Appendix.

B. CALIFORNIA

i. California Substance Abuse and Testing

a. Reasonable Suspicion Testing

The Company will only conduct reasonable suspicion testing under its Substance
Abuse and Testing Policy when it has reasonable suspicion that an employee is
working under the influence of or impaired by drugs or alcohol.

b. Reasonable Accommodation Under California Law

The Company, in accordance with Cal. Lab. Code § 1025, will reasonably
accommodate any employee who wishes to voluntarily enter and participate in an
alcohol or drug rehabilitation program, provided that the reasonable
accommodation does not impose an undue hardship on the Company. Note: This
provision shall not be construed to otherwise prohibit the Company from refusing
to hire, or discharging an employee who, because of the current use of alcohol or
drugs, is unable to perform his or her duties, or cannot perform the duties in a
manner which would not endanger his or her health or safety or the health or
safety of others.

c. Authorization for Release of Medical Information

Applicants and employees must sign an Authorization for Release of Medical

Information in connection with alcohol and/or drug testing under the Company’s
Policy, in a form prescribed by the Company.

d. California (City and County of San Francisco)

With respect to employees working for salary or wages in the City and/or County
of San Francisco with respect to urine and blood testing:

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Appendix: State-Specific Drug Testing Policies
Effective April 17, 2017

1) Reasonable Suspicion Testing Only. The Company will only conduct

alcohol or drug tests if the Company has reasonable grounds to believe
that an employee’s faculties are impaired on the job and the employee is
in a position where such impairment presents a clear and present danger
to the physical safety of the employee, another employee or the public. No
other types of urine or blood tests will be conducted of employees under
the Company’s Policy other than reasonable suspicion testing as outlined
above – i.e., the Company will not conduct Return-to-Duty or Follow-Up
urine or blood testing of employees performing services for salary or
wages in the City or County of San Francisco and will only perform post-
accident or post-accident-incident urine or blood testing when there is
reasonable suspicion as outlined above.

2) Opportunity for Independent Laboratory Testing. The Company will

provide employees, at the Company’s expense, the opportunity to have
any urine or blood sample tested or evaluated by a State licensed
independent laboratory/testing facility.

3) Opportunity to Rebut. The Company will provide employees with a

reasonable opportunity to rebut or explain the results.

C. COLORADO

i. Colorado Substance Abuse Testing

a. Boulder, Colorado

1) Employee, under the Company’s Substance Abuse and Testing Policy,

means a person treated as an employee for purposes of federal income
tax withholding (a) who is assigned or anticipated to be assigned to an
immediate supervisor located in the City of Boulder and does not have a
principal out of home office located outside of the City or (b) who is
assigned or anticipated to be assigned more than thirty-three percent
(33%) of the time on the job for a period of more than three (3) months to
a job located in the City. Applicant means an individual who is applying to
become an employee.

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Appendix: State-Specific Drug Testing Policies
Effective April 17, 2017

2) Pre-Employment Testing. A drug and alcohol test will be required of

applicants who are Colorado residents who are the single finalist for the
position or out-of-state resident finalists for the position who come to
Colorado for an interview, if the same test is required of all finalists for the
position. The Company makes such final offers of employment subject to
and conditioned on the applicant’s: 1) consent to taking a drug and/or
alcohol test; and 2) a negative test result. No effective acceptance of an
offer of employment by the Company may occur until the applicant has
consented to taking a drug and/or alcohol test and has received a
negative test result. The Company will include notice in its job application
form that a drug and/or alcohol test will be part of the pre-employment
screening process, and if no application form is used or required, such
notice will be provided in all advertisements soliciting applicants for
employment with the Company. All applicants for employment will be
personally informed of the requirement for a drug and/or alcohol test at the
first formal interview with the Company.

3) Post-Accident or Post-Accident-Incident. Refer to reasonable

suspicion.

4) Reasonable Cause/Suspicion. Employees will be asked to submit to a

drug and/or alcohol test if there is individualized reasonable suspicion
based on specific, objective, clearly expressed facts to believe that the
employee is under the influence of a drug or alcohol on the job or his or
her job performance is currently adversely affected by use of a drug or
alcohol. No other types of drug or alcohol tests will be conducted of
employees under the Company’s Policy of Boulder employees as defined
above other than reasonable cause/suspicion testing as outlined above –
i.e., the Company will not conduct Return-to-Duty or Follow-Up testing of
Boulder employees and will only perform post-accident or post-accident-
incident testing when there is reasonable cause/suspicion as outlined
above

5) Chain-of-Custody Documentation. Chain-of-custody documentation will

identify how the specimen is handled, stored, and tested, at all times.

6) Other Testing Excluded. No portion of any specimen will be tested for

pregnancy, and, except for pre-employment physicals, no portion of any

47
Appendix: State-Specific Drug Testing Policies
Effective April 17, 2017

specimen will be examined for evidence of any other medical condition,

other than for the presence of alcohol or drugs.

7) Right of Refusal. Employees and applicants have the right to refuse to

undergo drug or alcohol testing. A refusal to test is a violation of this Policy
and may result in discipline, at Tesla’s sole discretion, up to and including
termination of employment in the case of employees and a withdrawal of a
job offer in the case of applicants.

8) Right to Obtain Information and Right of Explanation. Employees and

applicants have the right to obtain, immediately upon request to Tesla’s
custodian thereof, a copy of all records maintained of his or her initial
positive confirmatory test results, and to submit written information
explaining any such results.

9) Retest Right. Employees and applicants will have an opportunity, at the

employee’s or applicant’s request and expense, to contract with a
laboratory meeting the requirements of Boulder Revised Code 1981, Title
12 (Human Rights), Chapter 3 (Drug Testing) to have a second
confirmatory test (a “confirmatory retest”) performed on an untested
portion of the original specimen, subject to the same chain-of-custody
assurances provided for the original test.

10) Split Specimen. A sufficient specimen will be collected to perform two

tests, and the one untested specimen will be maintained until a negative
test result is obtained, or, in case of a positive result, for a period of not
less than one year following the date on which the specimen is collected.

11) Tamper Proof Containers. Collection, storage, and transportation of the

specimen will be accomplished in tamper-proof containers.

12) GC/MS. Positive urine test results will be confirmed by means of Gas
Chromatography/ Mass Spectrometry or an alternative method of equal or
greater sensitivity and accuracy.

13) Boulder Ordinance. A copy of the applicable Boulder testing ordinance is

available upon request and at www.colocode.com/boulder2/chapter12-
3.htm.

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Appendix: State-Specific Drug Testing Policies
Effective April 17, 2017

D. CONNECTICUT

i. Connecticut Substance Abuse and Testing

a. Pre-Employment Testing

With respect to pre-employment urinalysis testing under the Company’s

Substance Abuse and Testing Policy, “applicant” means any individual applying
for employment with the Company, other than an individual who terminated
his/her employment with the Company within twelve (12) months prior to such
application.

b. Reasonable Suspicion

Tesla will test employees for drugs and/or alcohol when a supervisor and/or
manager has reasonable suspicion that an employee is under the influence of
drugs or alcohol which adversely affects or could adversely affect the employee’s
job performance. Tesla does not conduct post-accident or post-accident-incident
urinalysis testing unless it has reasonable suspicion an employee is working
under the influence of drugs or alcohol.

c. No Other Testing

Tesla will not conduct any other type of urinalysis testing of Connecticut
applicants and employees under the Policy, including Return-To-Duty, and
Follow-Up Testing, except as and to extent provided in this Appendix.

d. Opportunity to Rebut

Employees can submit a written statement explaining a positive test result. The
statement will be kept in the employee’s confidential medical file.

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Appendix: State-Specific Drug Testing Policies
Effective April 17, 2017

E. HAWAII

i. Hawaii Substance Abuse and Testing

Under the Company’s Substance Abuse and Testing Policy, the Company may
conduct drug tests seeking the presence of the following substances:
amphetamines, cocaine, marijuana (THC), opiates, and phencyclidine (PCP). Over-
the-counter medications or prescribed drugs may result in a positive test result.
Applicants and employees may refuse to submit to field (on-site) tests – if an
applicant or employee refuses or fails to submit to a field test, Tesla may take
adverse employment action against the applicant or employee or prospective
employee.

F. MARYLAND

i. Maryland Substance Abuse and Testing

a. Samples, Sample Collection and Testing Procedures

Under the Company’s Substance Abuse and Testing Policy, blood, saliva and
urine specimens may be used for all types of tests under Maryland law – the
Company will apply cutoff levels established under federal Substance Abuse and
Mental Health Services Administration Guidelines for drug-free workplace testing
programs. Sample collection and testing procedures will conform to requirements
under Md. Health Gen. Code § 17-214.

b. No Breath Alcohol Tests

The Company will not utilize breath-alcohol tests for testing in Maryland. Alcohol
tests will be conducted in the state of Maryland via a blood draw.

c. On-Site Tests Only For Pre-Employment Tests

On-site “field” screening tests approved by the U.S. Food and Drug
Administration are permitted only for pre-employment purposes. If the result of a
preliminary screening procedure is positive, the Company will submit the
specimen for confirmation testing by a certified laboratory. The Company will

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Appendix: State-Specific Drug Testing Policies
Effective April 17, 2017

establish a program to train individuals to collect specimens and perform

controlled substances tests in the workplace if it chooses to utilize preliminary
screening procedures.

d. Name and Address of Testing Laboratory

If requested at the time of testing, the Company will inform applicants and
employees of the name and address of the laboratory that will perform the tests.

e. Test Results and Notice

If the Company receives notice of an applicant’s or employee’s confirmed

positive alcohol or drug test results, the Company will provide the applicant or
employee, either in person or by certified mail within thirty (30) days from the
date of the test and seven (7) days of the date it received the test result, with: (1)
a copy of the test results; (2) the Policy and this Appendix; (3) notice of the
applicant’s or employee’s right to request a retest of his/her original specimen(s)
by a certified laboratory; and (4) notice of the Company’s intent to take
disciplinary action, change the employee’s conditions of continued employment,
or terminate the employee’s employment.

G. MASSACHUSETTS

i. Massachusetts Substance Abuse and Testing

Reasonable Suspicion Testing. With respect to reasonable suspicion testing, the

Company will only conduct reasonable suspicion testing under its Substance Abuse
and Testing Policy when it has reasonable suspicion that an employee is working
under the influence of or impaired by drugs or alcohol.

Post-Accident or Post-Accident-Incident Test. Post-accident or post-accident-

incident testing will only be conducted if there is reasonable suspicion to believe an
employee is on Company premises, in Company owned or leased vehicles or
working while impaired by or under the influence of alcohol or drugs.

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Appendix: State-Specific Drug Testing Policies
Effective April 17, 2017

H. NEW JERSEY

i. New Jersey Substance Abuse and Testing

Reasonable Suspicion Testing. With respect to reasonable suspicion testing, the

Company will only conduct reasonable suspicion testing under its Substance Abuse
and Testing Policy when it has reasonable suspicion that an employee is working
under the influence of or impaired by drugs or alcohol.

Post-Accident or Post-Accident-Incident Test. Post-accident or post-accident-

incident testing will only be conducted if there is reasonable suspicion to believe an
employee is on Company premises, in Company owned or leased vehicles or
working while impaired by or under the influence of alcohol or drugs.

I. OREGON

i. Oregon Substance Abuse and Testing

Per the requirements of Oregon’s workplace breathalyzer statute, the Policy is

modified as follows:

Limitations on Alcohol Tests; Positive Alcohol Test Results. The Company will
not require administration of a breathalyzer test of an employee unless the employee
consents to the test, except that, if the Company has reasonable grounds to believe
that the individual is under the influence of intoxicating liquor, the Company may,
under Oregon law, require consent to, as a condition for employment or continuing
employment, the administration of a blood alcohol content test by a third party or a
breathalyzer test. For employees working in safety-sensitive positions a confirmed
breath-alcohol test result indicating an alcohol concentration of 0.04 or greater
constitutes a positive test result; for all other employees, a confirmed breath-alcohol
test result indicating an alcohol concentration of 0.08 or greater constitutes a positive
test result. No other type of breath alcohol testing will be conducted under the
Company’s Policy or this Appendix, including but not limited to post-accident or post-
accident-incident Tests, Return-to-Duty or Follow-Up Tests. The Company reserves
the right to the fullest extent permitted by Oregon law to conduct alcohol testing via
alternative samples – samples other than a breath sample.

52
Paid Sick Time Notice
Effective May 20, 2020

Employee Notice

Employer provides no less than 24 hours (or 3 days) a year of paid sick leave (included
in PTO). An employee may request and use up to 3 days or 24 hours per year of paid
sick leave.

For California Employees Only

Employees may not be terminated or retaliated against for using or requesting the use
of paid sick leave.

Employees have the right to file a complaint against an employer who retaliates or
discriminates against an employee for:

a. requesting or using sick days;

b. attempting to exercise the right to use paid sick days;

c. filing a complaint or alleging a violation of Article 1.5 section 245 et seq. of the
California Labor Code;

d. cooperating in an investigation or prosecution of an alleged violation of this

Article or opposing any policy or practice or act that is prohibited by Article 1.5
section et seq. of the California Labor Code

Labor Code section 2810.5(b) requires that the employer notify you in writing of any
changes to the information set forth in this Notice within seven calendar days after the
time of the changes, unless one of the following applies: (a) All changes are reflected on
a timely wage statement furnished in accordance with Labor Code section 226; (b)
Notice of all changes is provided in another writing required by law within seven days of
the changes.

53