HomeMy WebLinkAbout20091584.tiffWELD COUNTY
CODE ORDINANCE 2009-7
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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. 3-6-30. Sick leave bank.
A. In order to provide a no -cost, short-term disability program for employees, the
County has established a Sick Leave Bank Program. This program is voluntary
and the benefits arosick leave is to go solely to members of the Sick Leave Bank.
B. The Sick Leave Bank is based on a donation of hours of the individual's sick
leave, per member, per year (regular employee - -4-12 hours; three -quarter -time
job share .75 - 39 hours; half-time job share .5 - 26 hours). Participation is
voluntary. Employees who do not contribute to the Bank cannot use sick leave
bank hours. Admission to BanK particioation for new members sia be a -owe&
after the employee's one y ar anniversary.Employees are eligible to join the Sick
Leave Bank upon being hired; however, they are only eligible to receive sick
leave from the Bank after twelve (12) months of contribution. Only regular
employees and job share employees are eligible for the Sick Leave Bank.
Approval of a Sick Leave Bank request is not guaranteed by the department
head, elected official or Sick Leave Bank Governing Board.
1. Each month a prorated donation of hours of the employee's individual sick
leave will be deducted and credited to the Bank (regular employee - .33
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three -quarter -time job share .75 - .25 75; half-time job share -0 = .167
retired with benefits. at .95 level - 3.8.95 hr/month ( i i .4 hr/year), at .85
level - 3-4:35 hr/month (10.2 hr/year), at .75 level = 3.75 hr/month (9
hr/year), a .50 level = 2.5 hr/month (6 hr/year).
2. Sick leave days in the Bank are carried over from year to year. An
additional contribution is required each month of succeeding years while
a member of the Bank. Hours donated to the Sick Leave Bank are not
refundable.
3. The Bank is administered by the Sick Leave Bank Governing Board. The
Board is composed of five (5) voting members. These include five (5)
employees elected by the participants in the Bank and one (1) non -voting
representative from PayrollHuman Resources. The following conditions
govern the granting of sick leave days from the Bank:
a. Application forms are available through the Department of Human
Resources. Applications for benefits from the Bank are made in
writing to the Sick Leave Bank Board via the Department of
Human Resources.
b. If a member is unable to make application for himself or herself,
the application may be filled out by a family member or other
representative.
c. A medical doctor's statement specifying the nature of illness, the
dates and medical service to the member, and the date of the
patient's expected release for return to work will be presented with
the application. If this information is not included, the application
may not be considered. Additional information may be requested
at the discretion of the Sick Leave Bank Board.
d. Prior to consideration by the Sick Leave Bank Board. T' -he
applicant's must submit the request form to his or her department
head or her elected official prior to consideration by the Sick
L ave Bank Boardmust:
1. Review and sign the application.
2. Provide any applicable information concerning any
disciplinary action of the employee related to the abuse of
sick leave.
e. The Sick Leave Bank Board will consider the application at a
meeting called by the Board's Chairperson.
f The department head or elected official may attend the Sick Leave
Bank meeting with, or for, that individual to discuss any problems
related to the request. No other person may attend the Sick
Leave Bank Board meeting. The Board will consider the request
and make a decision based on a majority vote.
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g.
Bank hours will not be granted until a member has used all of his
or her individual sick leave days, vacation days and any
accumulated compensation time. At the discretion of the Sick
Leave Bank Board, Sick Leave Bank hours may not be granted if
the requesting employee is involved in disciplinary action related
to the abuse of sick leave.
If the request is granted, the Sick Leave Bank days will not begin
until thirty (30) calendar days have expired. This thirty -day
elimination period begins on the first day of leave, whether it is
paid or not.
Not more than five (5) months shall be granted to one (1) member
in a twelve month my two-year period. An employee may not
have more than six (6) months of combined, consecutive paid
and/or unpaid leave.
Upon approval by the Sick Leave Bank Board, the sick bank
member will receive sixty-six percent (66%) of current hourly
compensation based on the number of hours of sick bank time
during the pay period.
k. Sick Leave Bank hours may be granted only in cases of personal
illness or injuries. This excludes use of Bank hours for illnesses of
family members. Other exclusions include but may not be limited
to:
1) Elective or cosmetic surgery.
2) Loss resulting from war.
3) Committing or attempting to commit an assault or a felony.
4) Occupational injuries or sicknesses.
5) Willful self -injury.
6) Injury from outside employment.
7) Active participation in a riot.
8) Any other reason that the Board finds to deny the request.
If the leave is denied by the Sick Leave Bank Board, the Board will
notify the applicant, in writing, stating the reasons for the denial.
m. Any unused Bank hours granted by the Board shall be returned to
the Bank.
n. Sick Leave Bank hours can only be awarded up to the amount of
total accumulated hours in the Sick Leave Bank. Human
Resources will maintain an accounting of total accumulated hours
in the Sick Leave Bank, and report to the Board of the Sick Leave
Bank on a monthly basis.
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o. The award of sick leave from the Sick Leave Bank related to child
birth (complications of pregnancy before delivery non -inclusive) is
limited to the following:
1) Routine child birth is eligible for two (2) weeks of Sick
Leave Bank hours.
2) Child birth by caesarian section, or with complications, is
eligible for up to four (4) weeks of Sick Leave Bank hours.
3) At the discretion of the Sick Leave Bank Board,
complications of pregnancy may be eligible for additional
Sick Leave Bank hours.
4. Upon termination from the County, a Bank member will no longer be
eligible to draw sick leave time from the Bank.
5. The Sick Leave Bank Board assumes the full responsibility for the control
of the Bank, and all decisions of the Board are final and are not grievance
items pursuant to the grievance procedure found in Section 3-4-60 of this
Chapter.
6. The Sick Leave Bank Program may be terminated at any time by the
Board of County Commissioners for any reason by resolution.
7 There shall be no sick or vacation accrual by an employee while on Sick
Leave Bank time unless the leave falls under the Family and Medical
Leave Act.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub sections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions,
sections, and sub -sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
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The above and foregoing Ordinance Number 2009-7, on motion duly made and
seconded, adopted by the following vote on the 10th day of August, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William F. Garcia, Chair
Weld County Clerk to the Board
Douglas Rademacher, Pro -Tern
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Barbara Kirkmeyer
County Attorney
David E. Long
First Reading:
Publication:
July 13, 2009
July 16, 2009, in the Windsor Beacon
Second Reading: July 27, 2009
Publication: July 30, 2009, in the Windsor Beacon
Final Reading:
Publication:
August 10, 2009
August 13, 2009, in the Windsor Beacon
Effective: August 18, 2009
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