HomeMy WebLinkAbout20090552.tiffWELD COUNTY
CODE ORDINANCE 2009-1
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3
HUMAN RESOURCES, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 3
HUMAN RESOURCES
Amend Sec. 3-6-50. Family and medical leave policy.
A through G - No change.
H. An eligible employee can take up to twelve (12) weeks of leave under this policy during
any during any,twelve-month period, The County will use the twelve month period
measured forward from the date any employee's first FMLA leave begins in determining
the twelve (12) weeks of leave entitlement. —The-County will us^ th^ tweye-month
period measured forward from the dato any employoo's first FMLA leave begins in
i determin,�,g-the-welve(124we eavicentitlement.
Remainder of Section - No change.
Amend Sec. 3-10-90. Pay steps.
Except for the Department of Social Services and the Family Education Network of Weld
County (Head Start), pay steps are described as follows:
Remainder of Section - No change.
_ - { Deleted: in a
Deleted: calculated using a fixed
year based on December 16th of
each year.
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2009-0552
Sec. 3-6-50. Family and medical leave policy.
A. General provisions. It is the policy of the County to grant up to twelve (12) weeks of family and medical
leave during any twelve-month period to eligible employees, in accordance with the Family and Medical Leave
Act of 1993 (FMLA). The leave may be paid, unpaid or a combination of paid and unpaid, depending on the
circumstances and as specified in this Article.
B. Eligibility. In order to qualify to take family and medical leave under this policy, the employee must meet
all of the following conditions.
1. The employee must have worked for the County at least twelve (12) months, or fifty-two (52) weeks,
which need not have been consecutive. For eligibility purposes, an employee will be considered to have been
employed for an entire week even if the employee was on the payroll for only part of a week or if the
employee is on leave during the week.
2. The employee must have worked at least one thousand two hundred fifty (1,250) hours during the
twelve-month period immediately before the date when the leave would begin.
C. In order to qualify as FM LA leave under this policy, the employee must be taking the leave for one of the
reasons listed below.
1. The birth of a child and in order to care for that child.
2. The placement of a child for adoption or foster care.
3. To care for a spouse, child or parent with a serious health condition.
4. The serious health condition of the employee which makes the employee unable to perform the
functions of the employee's position.
D. A serious health condition is defined as an illness, injury, impairment or physical or mental condition
which requires inpatient care at a hospital, hospice or residential medical care facility, or a condition which
requires continuing care by a licensed health care provider.
E. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences.
Generally, a chronic or long-term health condition which, if left untreated, would result in a period of incapacity
of more than three (3) days, would be considered a serious health condition.
F. Employees with questions about what illnesses are covered under this FMLA policy or under the County's
sick leave policy may call the Department of Human Resources.
G. The County will require an employee to provide a doctor's certification of the serious health condition.
The certification process is outlined in Subsection N.
H. An eligible employee can take up to twelve (12) weeks of leave under this policy in a twelve-month
period calculated using a fixed year based on December I O'" of each year. ,I. If a husband and wife both work
for the County and each wishes to take leave for the birth of a child, adoption or placement of a child in foster
care with the employee, or to care for a child or parent with a serious health condition, the husband and wife may
only take a total of twelve (12) weeks of leave. For the purposes of the FMLA, the employee's child must be
under the age of eighteen (18), or, if older, there must be medical certification showing the child is disabled.
J. Employee status and benefits during leave.
1. While an employee is on leave, the County will continue the employee's vacation and sick
l Deleted: during any
{ Formatted: Superscript
Deleted: The County will use the
twelve-month period measured fonvard
from the date any employee's first FMLA
leave begins in determining the twelve
(12) weeks of leave entitlement)
Human Resources — Leave Time Benefits Sec. 3-6-50
leave accruals and health benefits during the leave period at the same level and under the same conditions as if
the employee had continued to work.
2. If the employee chooses not to return to work for reasons other than a continued serious health
condition, the County will require the employee to reimburse the County the amount it paid for the employee's
health insurance premium during the leave period. An employee must return for at least thirty (30) days to be
considered to have returned unless the employee retires following leave.
3. Under current County policy, the employee pays a portion of the health care premium. While on paid
leave, the employer will continue to make payroll deductions to collect the employee's share of the premium.
While on unpaid leave, the employee must continue to make this payment, either in person or by mail. The
payment must be received in the Department of Accounting by the end of each month. If the payment is more
than thirty (30) days late, the employee's health care coverage may be dropped for the duration of the leave.
4. If the employee contributes to a life insurance plan, the employer will continue making payroll
deductions while the employee is on paid leave. While the employee is on unpaid leave, the employee must
continue to make those payments, along with the health care payments. If the employee does not continue
these payments, the County may discontinue coverage during the leave period or will recover the payments at
the end of the leave period in a manner consistent with the law.
K. Employee status after leave.
1. An employee who takes leave under this policy will be able to return to the same job or a job with
equivalent status, pay, benefits and other employment terms. The position will be the same or one (I) which
entails substantially equivalent skill, effort, responsibility and authority.
2. Medical certification that the employee is able to return to work may be required.
3. The County may choose to exempt certain highly compensated employees from the requirement and
not return them to the same or similar position.
L. Use of paid and unpaid leave.
1. If the employee has accrued paid leave, the employee must use paid leave first and take the remainder
of the twelve (12) weeks as unpaid leave.
2. An employee who is taking leave because of the employee's own serious health condition or the serious
health condition of a family member must use all accrued paid vacation leave, comp time and qualifying sick
leave prior to being eligible for unpaid leave. Under the County's sick leave policy, the limit of paid sick leave
to care for family members is a maximum of forty (40) hours total per year.
3. An employee taking leave for the birth of a child must use paid sick leave for physical recovery
following childbirth. The employee must then use all accrued paid leave and then will be eligible for unpaid
leave for the remainder of the twelve (12) weeks.
4. An employee who is taking leave for the adoption care or foster care of a child must use all paid
vacation leave, qualifying sick leave, personal leave and comp time prior to being eligible for unpaid family
leave. Care leave for adoption, birth or foster care expires twelve (12) months from the date of the birth or
placement.
M. Intermittent leave or a reduced work schedule.
I. The employee may take FMLA leave in twelve (12) consecutive weeks, may use the leave
intermittently (take a day periodically when
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Supp. 13
Human Resources — Leave Time Benefits Sec. 3-6-50
needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday,
resulting in a reduced -hour schedule. In all cases, the leave may not exceed a total of twelve (12) weeks over a
twelve-month period.
2. When an employee is using foreseeable intermittent leave, the County may require the employee to
transfer temporarily to an available alternative position with equivalent pay and benefits.
3. For the birth, adoption or foster care of a child, the County and the employee must mutually agree to
the schedule before the employee may take the leave intermittently or work a reduced -hour schedule. Leave
for birth, adoption or foster care of a child must be taken within one (I) year of the birth or placement of the
child.
4. If the employee is taking leave for a serious health condition or because of the serious health condition
of a family member, the employee must reach agreement with the County before taking intermittent leave or
working a reduced -hour schedule. If this is not possible, the employee must prove that the use of the leave is
medically necessary. The County may require certification of the medical necessity, as discussed in
Subsection N.
N. Certification of the serious health condition.
1. The County will ask for certification of the serious health condition. The employee must respond to
such a request within fifteen (15) days of the request or provide a reasonable explanation for the delay. Failure
to provide certification may result in a denial of continuation of leave.
2. Certification of the serious health condition shall include the date when the condition began, its
expected duration and diagnosis, and a brief statement of treatment. For medical leave for the employee's own
medical condition, the certification must also include a statement that the employee is unable to perform the
essential functions of the employee's position. For a seriously ill family member, the certification must include
a statement that the patient requires assistance and that the employee's presence would be beneficial or
desirable.
3. If the employee plans to take intermittent leave or work a reduced schedule, the certification must also
include dates and the duration of treatment and a statement of medical necessity for taking intermittent leave
or working a reduced schedule.
4. The County has the right to ask for a second opinion. The County will pay for the employee to get a
certification from a second doctor, which the County will select.
5. If necessary to resolve a conflict between the original certification and the second opinion, the County
will require the opinion of a third doctor. The County and the employee will jointly select the third doctor, and
the County will pay for the opinion. This third opinion will be considered final.
O. Procedure for requesting leave.
I. Except where leave is not foreseeable, all employees requesting leave under this policy must submit the
request in writing to their immediate supervisor. The supervisor will forward a copy to the Department of
Human Resources.
2. When an employee plans to take leave under this policy, the employee must give the County thirty (30)
days' notice. If it is not possible to give thirty (30) days' notice, the employee must give as much notice as is
practicable. An employee undergoing planned medical treatment is required to make a reasonable effort to
schedule the treatment to minimize disruptions to the County's operations.
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Supp. 13
3. If an employee fails to provide thirty (30) days' notice for foreseeable leave with no reasonable
excuse for the delay, the leave request may be denied until at least thirty (30) days from the date the
employer receives notice.
4. While on leave, employees are requested to report periodically to the County regarding the
status of the medical condition and their intent to return to work. (Weld County Code Ordinance
2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2007-4)
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Supp. 13
ARTICLE X
Pay Practices
Sec. 3-10-90. Pay steps.
Except for the Department of Social Services and the Family Education Network of Weld
County (Head Start), pay steps are described as follows:
A. Step 1: Entry Step.
B. Step 2: Qualified Step. Movement to this step from the entry step requires at least six
(6) months of satisfactory performance at the entry step.
C. Step 3: Proficient Step. Movement to this step from the qualified step requires at least
six (6) months of satisfactory performance at the qualified step.
D. Step 4: Third -Year Proficient Step. Persons who have completed three (3) years in the
same classification and have demonstrated sustained satisfactory performance at the proficient
step as recorded through the appraisal system. Movement to this step from the proficient step
requires at least two (2) years of satisfactory performance at the proficient step.
E. Step 5: Fifth -Year Proficient Step. Persons who have completed five (5) years in the
same classification and have demonstrated sustained satisfactory performance at the proficient
step as recorded through the appraisal system. Movement to this step from the third -year
proficient step requires at least two (2) years of satisfactory performance at the third -year
proficient step.
F. Step 6: Seventh -Year Proficient Step. Persons who have completed seven (7) years in
the same classification and have demonstrated sustained satisfactory performance at the
proficient step as recorded through the appraisal system. Movement to this step from the fifth -
year proficient step requires at least two (2) years of satisfactory performance at the fifth -year
proficient step.
G. Step 7: Tenth -Year Proficient Step. Persons who have completed ten (10) years in the
same classification and have demonstrated sustained satisfactory performance at the proficient
step as recorded through the appraisal system. Movement to this step from the seventh -year
proficient step requires at least three (3) years of satisfactory performance at the seventh -year
proficient step.
H. Step 8. Thirteenth -Year Proficient Step. Persons who have completed thirteen (13)
years in the same classification and have demonstrated sustained satisfactory performance at
the proficient step as recorded through the appraisal system. Movement to this step from the
tenth -year proficient step requires at least three (3) years of satisfactory performance at the
tenth -year proficient step.
I. Step 9: Sixteenth -Year Proficient Step. Persons who have completed sixteen (16)
years in the same classification and have demonstrated sustained satisfactory performance at
the proficient step as recorded through the appraisal system. Movement to this step from the
thirteenth -year proficient step requires at least three (3) years of satisfactory performance at
the thirteenth -year proficient step. (FENWC employees are excluded.)
1
NOTE: Progression up the pay steps is not automatic. A step increase can be delayed until the
employee's performance is satisfactory, in the opinion of the department head or elected official.
The above pay steps would not correspond to time in classification if the incumbent was
promoted into a higher step due to minimum five -percent increase for promotions or initially
hired at the qualified step, if a position was reclassified or if a pay step was delayed because of
performance. Time would then be determined by length of time in a pay step. (Weld County
Code Ordinance 2003-4; (Weld County Code Ordinance 2005-14; Weld County Code Ordinance
2007-4)
Sec. 3 10 100. Pay steps for Department of Social Services.
Pay steps for the Department of Social Services are described as follows:
A. Step 8: Entry Step. Persons with training but little or no experience.
E. Step 9: Movement to this step requires at least six (6) months
performance at Step 8.
C. Step 10: Movement to this step requires at least six (6) months
performance at Step 9:
D. Step 11: Movement to this step requires at least one (1) year
performance at Step 10.
E. Step 12: Movement to this step requires at least one (1) year of satisfactory
performance at Step 11:
E. Step 13: Movement to this step requires at least two (2) years of satisfactory
performance at Step 12:
G. Step 14: Movement to this step requires at least two (2) years of satisfactory
performance at Step 13.
II. Step 15: Movement to this step requires at least three (3) years of satisfactory
performance at Step 14.
I. Step 16: Movement to this step requires at least three (3) years of satisfactory
performance at Step 15.
J. Step 17: Movement to this step requires at least three (3) years of satisfactory
performance at Step 16. (Weld County Code Ordinance 2003 4)
of satisfactory
of satisfactory
2
of satisfactory
Human Resources — Pay Practices Sec. 3-10-120
ARTICLE XI
Performance Evaluations
Sec. 3-11-10. Purpose of performance evaluations.
Performance evaluations are management judgments about the behavior, demeanor, conduct,
deportment, effectiveness and other relevant factors of employees. Assignments, advancements,
rewards, discipline, utilization and motivation all depend ultimately on management judgments of
employee performance. The objectives of evaluations are:
A. Clarification of what is expected. That is, developing standards of satisfactory
performance and setting forth what quality and quantity of work of a given type is acceptable
and adequate for pursuing the functions of the organization.
B. Fortifying and improving employee performance. By identifying strong and weak
points in individual achievement, recording these as objectively as possible and providing
constructive counsel to each worker.
C. Refinement and validation of personnel techniques. Serving as a check on
qualification requirements, examinations, placement techniques, training needs or instances of
maladjustment.
D. Establishment of an objective base for personnel actions. That is, in selection for
placement and promotion, in awarding salary advancements within a given level, in making
other awards, in determining the order of retention at times of staff reduction and in otherwise
recognizing superior or inferior service.
E. Notification of deficient behavior or work performance. (Weld County Code
Ordinance 2003-4)
Sec. 3-11-20. Performance evaluation process.
A. Three (3) months from date of hire. All new employees and employees who transfer to
i.,,n departments, whether hired at the entry or qualified level, will receive a three month
evaluation. Promoted employees and employees reclassified upward may also receive a three
month evaluation, at the discretion of the supervisor. No pay increases will result from these
satisfactory evaluations, but the department head er elected official should use this evaluation
process to advise the employee of his or her progress during the first three (3) months.
B. Six (6) months from date of hire. All employees will receive a six-month evaluation,
whether they enter County employment at the entry or qualified level. Based on the evaluation of
the employee against predetermined standards, the department head or elected official will
indicate whether the employee will move to the next pay step. A performance evaluation with a
below -standard rating during the initial review period can result in termination of employment.
C. Twelve (12) months from date of hire. Unless the initial review period is extended, this
evaluation will determine whether an employee will be removed from the initial review status and
become a regular employee. An overall appraisal rating of "meets standards" or "above
standards" will move the employee into regular status.
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Human Resources — Pay Practices Sec. 3-10-120
D. Annually. After completion of the first six (6) months of
employment, initial review period employees will receive performance evaluations every six (6)
menthe twelve months.
E. Special. Special evaluations can be done for commendation or reprimand at the
department head's or elected official's discretion. An Employee Counseling Form may be used
for counseling employees for events occurring between performance evaluation times. (Weld
County Code Ordinance 2003-4)
Sec. 3-11-30. Performance evaluation review or appeal.
A. When the employee disagrees with the evaluation as written, the employee will so indicate
by writing "Disagree" in the employee comments section. The rater will then give a copy of the
evaluation to the employee with a written note stating the date that written comments must be
turned in to the reviewing authority. The original copy of the evaluation will then be sent to the
reviewing authority with a copy of the note indicating the date that written comments are due to
the reviewing authority.
B. When the reviewing authority receives the written comments, he or she will evaluate all
pertinent information available. The reviewing authority may concur with the evaluation as
written or not concur, based on the employee's comments and his or her observation, etc. The
reviewing authority may then change any rating by initialing and changing the rating to the
appropriate rating. In the comment section, the reviewing authority shall explain why the
changes, if any, were made.
C. The reviewing authority will review the evaluation with the employee. If changes were
made, the employee will initial and date the comments beside the signature section of the
reviewing authority. The employee should indicate his or her concurrence or nonconcurrence
with the reviewing authority's rating. The reviewing authority's review is final. The employee
may not appeal the matter further, and the grievance procedures described in Article IV of this
Chapter do not apply. (Weld County Code Ordinance 2003-4)
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