HomeMy WebLinkAbout20232510.tiffCheryl Hoffman
From:
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Cc:
Subject:
Attachments:
Jill Scott
Thursday, August 24, 2023 7:02 PM
Cheryl Hoffman; Ryan Rose; Bruce Barker
Peggy Lamar; Esther Gesick
RE: Ord2023-14 - Chapter 3 Human Resources
Ord23-14.1 st.docx
I found one typo on page 3 — I highlighted it in yellow.
Thank you so much for helping me put this all together, I know it was a lot and I really appreciate everyone's work on it.
Have a nice evening.
Jill Scott MBA, PHR, SHRM-CP
Director of Human Resources
Weld County Government
P.O. Box 758, 1150 O St
Greeley, CO 80632
970-400-4230
HR Mission Statement
Weld County Human Resources is a strategic business partner dedicated to enhancing the employee
experience, collaborating with individual departments, and supporting the values and goals of Weld County
Government.
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Thursday, August 24, 2023 12:17 PM
To: Jill Scott <jscott@weld.gov>; Ryan Rose <rrose@weld.gov>; Bruce Barker <bbarker@weld.gov>
Cc: Peggy Lamar <plamar@civicplus.com>; Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>
Subject: Ord2023-14 - Chapter 3 Human Resources
Good afternoon, all,
Attached please find the Ordinance drafted for first reading scheduled for Monday, August 28, 2023. Esther and I have
taken our best stab at number per County Code guidance, but have forwarded our drafted product to Municode for
feedback. If we receive any changes/guidance from Municode, we'll let you know, but believe this is pretty close
numbering per County Code.
2023-2510
1
Please review this document and let me know if you see corrections to be made. We must read this ordinance to audio
by tomorrow morning (Friday, 8/25), so we'd appreciate feedback asap.
Thank you, all!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
2
Cheryl Hoffman
From:
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Follow Up Flag:
Flag Status:
Excellent — Thanks!
Esther Gesick
Tuesday, August 22, 2023 11:42 AM
Jill Scott; Bruce Barker
Cheryl Hoffman
RE: Comp Time Ordinance
Follow up
Flagged
Esther E. Gesick
Clerk to the Board
1150 O Street P.O. Box 758/ Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jill Scott <jscott@weld.gov>
Sent: Tuesday, August 22, 2023 11:40 AM
To: Esther Gesick <egesick@weld.gov>; Bruce Barker <bbarker@weld.gov>
Cc: Cheryl Hoffman <choffman@weld.gov>
Subject: RE: Comp Time Ordinance
I think that would be fine.
Jill Scott MBA, PHR, SHRM-CP
Director of Human Resources
Weld County Government
P.O. Box 758, 1150 O St
Greeley, CO 80632
970-400-4230
HR Mission Statement
Weld County Human Resources is a strategic business partner dedicated to enhancing the employee
experience, collaborating with individual departments, and supporting the values and goals of Weld County
Government.
1
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Esther Gesick <egesick@weld.gov>
Sent: Tuesday, August 22, 2023 11:34 AM
To: Jill Scott <scott@weld.gov>; Bruce Barker <bbarker@weld.gov>
Cc: Cheryl Hoffman <choffman@weld.gov>; Esther Gesick <egesick@weld.gov>
Subject: RE: Comp Time Ordinance
Jill / Bruce,
Can we just add this to Ordinance #2023-14 (HFWA & POWR Act), since it falls right after the Sick and Bereavement
leave changes in Article VI?
The dates are already slated and first reading is next Monday, 8/28?
Please advise.
Esther E. Gesick
Clerk to the Board
1150 OStreet /P.O. Box 758IGreeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jill Scott <scott@weld.gov>
Sent: Tuesday, August 22, 2023 11:10 AM
To: Cheryl Hoffman <choffman@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: RE: Comp Time Ordinance
The yellow section below is what is being added. Thank you.
2
A Sec. 3-7-70. Compensatory time off.
Compensatory time off (comp time) in lieu of overtime may be given if there
the department and the employee to provide time off as compensation for overtire
understanding, a comp time form is available from the Accounting Department.
lEmployees can accrue up to 80 hours of comp time, however any time above
overtime. Any comp time over 40 hours will be paid out on the second check in Api
to 40 hours. Employees can make a one-time request for payout or partial payout c
payroll.
If an employee is eligible for comp time and is promoted to a salaried positio
all earned comp time at the rate of pay prior to their promotion, and is no longer e
Jill Scott MBA, PHR, SHRM-CP
Director of Human Resources
Weld County Government
P.O. Box 758, 1150 O St
Greeley, CO 80632
970-400-4230
HR Mission Statement
Weld County Human Resources is a strategic business partner dedicated to enhancing the employee
experience, collaborating with individual departments, and supporting the values and goals of Weld County
Government.
WELD
WELD COUNTY, CO
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Tuesday, August 22, 2023 9:57 AM
To: Jill Scott <jscott@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov>
Subject: FW: Comp Time Ordinance
Good morning, Jill,
3
If you send me the Comp Time Ord redline, I can get started on proposing dates, scheduling them and drafting the
ordinance.
Have a wonderful Tuesday!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From: Esther Gesick <egesick@weld.gov>
Sent: Monday, August 21, 2023 4:43 PM
To: Cheryl Hoffman <choffman@weld.gov>
Subject: Comp Time Ordinance
Hi Cheryl,
Following this morning's work session, the Board gave the all clear to proceed with the Comp Time changes to Chapter
3. Jill said you can go ahead and get it scheduled.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street/ P.O. Box 7581 Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
4
Cheryl Hoffman
From
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To
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Subject
Attachments
Jill Scott
Fnday, August 18, 2023 2 34 PM
Cheryl Hoffman
Kann McDougal
Evading 3-6-20 Sick final 818 2023
3-6-20 Sick final 8 18 2023 docx
Attached is the final language for 3-6-20 - thank you for your patience, I appreciate it
If you need anything else, please let me know
Jill
Your message is ready to be sent with the following file or link attachments
3-6-20 Sick final 8 18 2023
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Sec. 3-6-20. Sick leave.
The County provides eligible employees with paid sick and safe leave ("PSSL") and public health
emergency leave ("PHEL") in accordance with the requirements of Colorado's Healthy Families and Workplaces Act
("HFWA").
Eligibility
All employees are eligible to accrue PSSL and may receive =additional supplemental sick leave for use during a public
health emergency (as defined further below). If any paid leave is available, the employee must use available
balance before unpaid leave.
Paid Sick and Safe Leave (PSSL)
A. Sick leave (PSSL) can be used in the following circumstances:
1. When an employee is unable to perform job duties because of physical or mental illness, injury, or
health condition, or any other medically disabling condition, or to care for a family member who has a
mental or physical illness, injury, or health condition.
2 To obtain a medical diagnosis, care, or treatment of a mental or physical illness, injury or health
condition of the employee or employee's family member, or to obtain preventative medical care for the
employee or the employee's family member.
a. When planning medical treatment or appointments an employee should consult with his or her
supervisor and make a reasonable effort to schedule the treatment so as not to disrupt unduly
the employer's operations. The employee and supervisor will attempt to work out a schedule for
such leave that meets the needs of both the employer and the employee. In cases where
disruption may occur, the employee shall notify their supervisor as soon as they are aware of the
treatment or appointment.
3. If the employee or a family member is the victim of domestic abuse, sexual assault or harassment and
needs leave to:
Seek medical attention to recover from a mental or physical illness, injury, or health condition
caused by the domestic abuse, sexual assault, or harassment;
Obtain services from a victim service organization;
Obtain mental health or other counseling;
Seek relocation due to the domestic abuse, sexual assault, or harassment; or
Seek legal services, including preparing for or participating in a civil or criminal proceeding
relating to or resulting from the domestic abuse, sexual assault, or harassment.
4. When, due to a public health emergency (as defined below), a public official has ordered the closure of:
The employee's place of business; or
The school or place of care of the employee's child and the employee needs to be absent from
work to care for their child.
5 To grieve, attend funeral services or memorial or deal with financial and legal matters that arise after a
family members death.
6 To care for a family member whose school or place of care has been closed due to inclement weather,
loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in
the closure of the family member's school or place of care.
7 To evacuate their place of residence due to inclement weather, loss of power, loss of heating, loss of
water, or other unexpected occurrence or event that results in the employee's need to evacuate their
residence.
For purposes of this policy, a "family member" means:
An employee's immediate family member (i.e., a person related by blood, marriage, civil union or
adoption);
A child to whom the employee stands in loco parentis;
A person who stood in loco parentis to the employee when the employee was a minor; or
A person for whom the employee is responsible for providing or arranging health -or safety -related care.
PSSL can be used as it is accrued. However, the County may verify employee hours within the month after
work is performed and adjust PSSL accrual amounts to correct any inaccuracy. The County will notify employees in
writing of any such change in accrued PSSL amounts.
PSSL may be used in one hourly -minute increments or greater. Failure to use PSSL in good faith and for
the reasons specified in this policy can result in discipline.
Accrual of Sick Leave (PSSL): The accrual rate is shown in Table 3.5:
Table 3.5
Sick Leave (PSSL) Accrual Rates
Type of Employee
Sick Accrual
(PSS11
Regular
Employee
Full
-Time
8.00
hours per
month
Part
time 0.75
6.00
hours
per month
Part time 0.50
4.00
hours
per month
Each employee's accrual amount of paid sick leave will meet or exceed the HFWA requirement of at least one hour
of paid sick leave for every thirty hours worked by the employee.
C. For employees hired before January 1, 1985, accumulated sick leave is payable upon termination at one-half
(14) the hours of accumulated unused sick leave, not to exceed one (1) month's salary. Employees hired after
January 1, 1985, will not be paid for accumulated sick leave upon termination of employment.
D. The County will allow use of PSSL for a covered use upon request. Requests can be made orally or in writing
(including electronically). When possible, employees should include the expected duration of the absence in
their request for leave. An employee should report his or her absence daily directly to his or her supervisor
within one (1) hour before the employee's regular starting time. Not contacting the supervisor and obtaining
an approved absence for three (3) days may be considered abandonment of the job and may result in
termination or disciplinary action.
E. Employees are not required to search for or find a replacement worker to cover the hours during which they
are using PSSL. The County will not count employees use of PSSL in compliance with this policy as an absence
when evaluating absenteeism. Therefore, any such use of PSSL will not lead to or result in discipline,
demotion, suspension, or termination.
F An employee who is absent from work for medical reasons for more than four (4) consecutive work days, may
be required to provide a doctor's certification and to complete all forms as directed under the Family Medical
Leave Act (FMLA). The County will not require the disclosure of details regarding an employee's or
employee's family member's health information or the domestic violence, sexual assault, or stalking that is
the basis for the request for leave.
G Advanced PSSL is not permitted. Employees may not carry negative sick hours. The County will not pay out
earned PSSL in lieu of taking the time except as provided in Section C above.
H An employee who calls in sick when scheduled for any mandatory worktime will be able tomust use
theiravailable sick time.
An employee cannot accumulate more than four -hundred eighty (480) hours of sick leave (prorated for part-
time employees). Employees carry over accrued but unused PSSL from one year to the next without forfeit.
Public Health Emergency Leave (PHEL)
In addition and supplemental to the PSSL described above, the County will provide employees with PHEL
in accordance with the terms below.
For purposes of this policy, a "public health emergency" is:
• An act of bioterrorism, a pandemic influenza or an epidemic caused by a novel and highly fatal infectious
agent, for which:
o An emergency is declared by a federal, state, or local public health emergency; or
o A disaster emergency is declared by the governor; or
• A highly infectious illness or agent with epidemic or pandemic potential for which a disaster emergency is
declared by the Governor.
On the day a public health emergency is declared, an employee will immediately be able to request a one-
time supplement of PHEL in addition to whatever amount of PSSL that employee has available at the time of the
request.
Employees who normally work forty or more hours in a week, and who do not have at least 80 hours of
PSSL available, will have immediate access of 80 hours of total paid leave, inclusive ofwhich will includesinclude any
amount of PSSL the employee has available at that time.
Employees who normally work fewer than 40 hours per week, and who do not have enough PSSL to satisfy
the amounts described herein, will have immediate access to paid leave equaling the greater of: (1) the amount of
hours the employee is scheduled for work in the 14 -day period after the leave request; or (2) the amount of time
the employee actually worked in the 14 -day period prior to the declaration of the public health emergency or the
leave request, whichever is later, inclusive of any PSSL the employee has available at that time.
From the declaration of a public health emergency until four weeks after the official termination or
suspension of the emergency declaration, PHEL can be used for any of the following reasons:
• To self -isolate and care for oneself or a family member who is self -isolating because the employee or
family member is diagnosed with, or experiencing symptoms of, a communicable illness that is the cause
of a of a public health emergency.
• To seek or obtain for oneself or care for family member who needs a medical diagnosis, care, or treatment
if experiencing symptoms of a communicable illness that is the cause of a public health emergency.
• To seek for oneself or a family member preventive care concerning a communicable illness that is the
cause of a public health emergency.
• An employee is unable to work because the employee has a health condition that may increase
susceptibility to or risk of communicable illness that is the cause of the public health emergency.
• Either the County or a public health authority with appropriate jurisdiction determines that an employee's
presence on the job or in the community would jeopardize the health of others because of the individual's
exposure to a communicable illness that is the cause of a public health emergency or because the
individual is exhibiting symptoms of such a communicable illness, regardless of whether the individual has
been diagnosed with the illness
To care for a family member after either the family member's employer or a public health authority with
appropriate authority determines that the family member's presence on the job or in the community
would jeopardize the health of others because of the family member's exposure to a communicable illness
that is the cause of a public health emergency or because the family member is exhibiting symptoms of
such a communicable illness, regardless of whether the family member has been diagnosed with the
illness
To care for a child or other family member when their childcare provider is unavailable due to a public
health emergency or their school or place of care has been closed due to a public health emergency
(including when the school or place of care is physically closed but providing instruction remotely)
Employees are only eligible for these amounts of PHEL one time during the entirety of a public health
emergency (even if the public health emergency is extended, amended, restated, or prolonged)
During a public health emergency, employees will continue to accrue PSSL in accordance with this policy
When the need for PHEL is foreseeable and the workplace has not been closed, employees must notify
the County of the need for PHEL as soon as practicable To provide notice of the need to use PHEL, employees
should contact Human Resources
Rate of Pay
PSSL and PHEL are paid at the same hourly rate or salary (not including overtime, bonuses or holiday pay)
and with the same benefits, including healthcare benefits, as the employee normally earns during hours worked
Leave will be paid on the same schedule as regular wages
The pay rate for leave will be at least the applicable minimum wage The pay rate will be calculated based
upon the employee's pay over the 30 calendar days prior to taking leave If an employee has not yet worked 30
calendar days, the longest available period will be used
Employee Records Requests
Upon an employee's request, the County will provide (in writing or electronically) documentation
indicating the current amount of PSSL and PHEL available for use and the amount of such leave already used during
the current year Employees will be allowed to make one such request per month, except they may make an
additional request when any need for PSSL or PHEL arises
Effect on Other Rights and Policies
The County may provide other forms of leave for employees to care for medical conditions or for issues
related to public health emergencies or domestic abuse, sexual assault, or harassment under certain federal, state
and local laws In certain situations, leave under this policy may run at the same time as leave available under
another federal, state, or local law, provided eligibility requirements for that law are met The County is committed
to complying with all applicable laws Employees should contact Human Resources for information about other
federal, state and local medical, victim, public health emergency, or family leave rights
Confidentiality
The County will keep confidential the health or safety information of an employee or employee's family
member Such information will not be disclosed except to the affected employee, with the written permission of
the affected employee or as otherwise required by law.
Separation from Employment
Compensation for accrued and unused PSSL or available PHEL is not provided upon separation from
employment for any reason. If an employee is rehired by the County within six months of separation from
employment, previously accrued but unused PSSL will be immediately reinstated.
Retaliation
Employees have the right to request and use PSSL and PHEL in a manner consistent with the HWFAHFWA.
The County will not discriminate or retaliate, or tolerate discrimination or retaliation, against any employee who:
seeks or obtains leave in accordance with this policy; files a complaint regarding an alleged violation of the
HWFAHFWA; participates in an investigation, hearing or proceeding or cooperates in or assists with an investigation
related to an alleged violation of the HWFAHFWA; informs any person of their potential rights under the
I-+WFAHFWA; or otherwise exercises their rights under the HWFA.
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Sec. 3-3- O. Harassment.
Sexual and Other Prohibited Harassment
The County is committed to providing a work environment that is free of prohibited harassment. As a result, the
County maintains a strict policy prohibiting sexual harassment and harassment against applicants and employees
based on any legally -recognized status, including, but not limited to: race, color, religion, sex, pregnancy 'including
lactation, childbirth or related medical conditions;, sexual orientation, gender identity, ag_e X40 and over', national
origin or ancestry, physical or mental disability, genetic information (including testing and characteristics), veteran
status, marital status, uniformed servicemember status or any other status protected by federal, state or local law.
The County's anti -harassment policy applies to all persons involved in its operations, regardless of their position,
and prohibits harassing conduct by any employee of the County, including department heads and supervisors. This
policy also protects employees from prohibited harassment by third parties, such as customers, vendors, clients,
visitors, or temporary or seasonal workers. If such harassment occurs in the workplace by someone not employed
by the County, the procedures in this policy should be followed. The workplace includes: actual worksites, any
setting in which work -related business is being conducted (whether during or after normal business hours),
County -sponsored events, or County owned/controlled property.
The County prohibits unlawful harassment, including sexual harassment, as well as conduct that does not rise to
the level of being unlawful. This policy is not designed or intended to limit the County's authority to discipline or
take remedial action for workplace conduct that the County deems unacceptable, regardless of whether that
conduct satisfies the definition of unlawful harassment or sexual harassment.
Sexual Harassment Defined
Sexual harassment includes unwanted sexual advances, requests for sexual favors or visual, verbal or physical
conduct of a sexual nature when:
• Submission to such conduct is made a term or condition of employment; or
• Submission to, or rejection of, such conduct is used as a basis for employment decisions affecting the
individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance
or creating an intimidating, hostile or offensive working environment.
Sexual harassment includes various forms of offensive behavior based on sex. The following is a non -exhaustive list
of the types of conduct prohibited by this policy:
• Unwanted sexual advances or propositions (including repeated and unwelcome requests for dates);
• Offers of employment benefits in exchange for sexual favors;
• Making or threatening reprisals after a negative response to sexual advances;
• Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures,
cartoons, posters, websites, emails or text messages;
(Supp. No. 79)
Page 1 of 4
9 Verbal conduct: making or using sexually derogatory comments, innuendos, epithets, slurs, sexually explicit
ipkesor comments about an individual's body or dress, whistling or making suggestive or insulting sounds;
• Verbal and/or written abuse of a sexual nature, graphic verbal and/or written sexually degrading
commentary about an individual's body or dress, sexually suggestive or obscene letters, notes, invitations,
emails, text messages, tweets or other social media postings;
• Physical conduct: touching, assault or impeding or blocking normal movements;
• Retaliation for making reports or threatening to report sexual harassment.
Other Types of Harassment
Harassment on the basis of any legally protected status is prohibited, including harassment based on: race, color,
religion, sex, pregnancy 'including lactation, childbirth or related medical conditions), sexual orientation, gender
identity, age (40 and over), national origin or ancestry, physical or mental disability, genetic information (including
testing and characteristics), veteran status, marital status, uniformed servicemember status or any other status
protected by federal, state or local law. Prohibited harassment may include behavior similar to the illustrations
above pertaining to sexual harassment. It also includes, but is not limited to:
• Verbal conduct including taunting, jokes, threats, epithets, derogatory comments or slurs based on an
individual's protected status;
• Visual and/or written conduct including derogatory posters, photographs, calendars, cartoons, drawings,
websites, social media, emails, text messages or gestures based on an individual's protected status; and
• Physical conduct including assault, unwanted touching or blocking normal movement because of an
individual's protected status.
A. The County strong y disapproves of anc coes not to erate harassment of any kind, nor any behavior by-aany
employee tiat creates an unacceptab e emp oyment environment or iosti-e wor< environment. Any form of
harassment -that violates federal; state or local --law; including but not limited -to -harassment related -to -an
individual's race, religion, colas -sex, sexual -orientation, national origin, ancestry, citi-zenship-status,-marital
status, pregnancy, age, medical condition, handicap or disability is a violation of this policy and is grounds for
discipline, up to -and including termination from employment. This may include harassing another on the
basis of a perception that someone has a certain personal characteristic, whether or not he or she actually
has-that-eharac-tecistic—There-does•-not-have-to-be a persistent pattern, and an --isolated incident can amount
to harassment. Harassment may invo ve action, behavior, exc usion, comment or piysica contact wiicn is
found-objectionable;-oewhic-h--c-reates-an offensive environment -or results in the recipient feeding -threatened,
humiliated, intimidated, degraded, patronized, demoralized or less confident in his or her ability. It is the
responsibility -of every employee to -avoid -offensive or inappropriate behavior at work -and -to -assure -that -the
workplace is free from harassment at all times.
A
e work environment arises wien discriminatory intimication, ridicu e anc/or insu t is sufficient y
severe or pervasive to alter the conditions of the victim's employment and create an offensive work-+ag
environment.
C. Some examples of unacceptable conduct include: verbal abuse; the use of humor to -put another person or
group -of -people -down (farexarnple-, telling jokes that are sexist, racist or about -an -individual's sexual
orientation [real or perceived}4; unwanted physical contact ranging from touching -to serious assault; display
(Supp. No. 79)
Page 2 of 4
of -circulation of abusive or -offensive materia4-bully1ng,-c-oefcive-ofinenacing-behavior; unwanted -sexual
acvances, propositions, attention or innuendo; rieicu e or exc usion of an incivicua for cultural or religious
differences; misuse of power -or -position; --or making -threats • about lob -security without-foundatioe-or
autiority. Many o- tiese examp es o: unacceptab e conduct can occur not on y 'ace to face, but a so tirougn
use of-the-l-nternet or e -mail. -ft -is advisedthatpeople takeextra care -when -sending or forwarding-rnessages
to consider the impact of the message or any attachment on the recipients.
U. Sexual harassment includes unwelcome sexual -advances, requests for sexual favors and other verbal or
physical --conduct of a sexual nature -when:
1-. -Submission to -the sexual harassment-is--made-either-ex-p ieitfy-or implicitly a termer -condition -of
employment.
2. Submission to or rejection of -the harassment is used as the basis for employment decisions affecting an
individual.
3. The harassment has the purpose or effect of unreasonably interfering with an individual's work performance
or -creating an -intimidating, hostife-of-offensive--wockingenvironment
E. —To maintain -an environment freee#-harassment; employees should -confront it and -report -it -when-itoccurs.
Any person who believes,he or she has been subjected to harassment -in any form is encouraged to take the
following action:
1. In -circumstances -where -one does not -think -one's -personal s-afety- will - be jeopardized -,-communicate clearly to
the offender that the behavior is not welcomed and should cease immediately.
2 Discuss -one's concerns with the Department of Human Resources or other appropriate support person in an
effort to resolve the -pro blern informally;
3. --Consider-the--option of choosing-athird party -mediator to help resolve the complaint
4. Should mediation -efforts not be -initiated, or if they-fail,-f+le-a-forrnaf complaint--with--the-Department-of
Human Resources.
The Director of the Department of Human Resources will oversee the investigate in such incidents. Upon
completion of the timely investigation, the Director of the Department of Human Resources shall report the
findings to the appropriate department head or elected official for possible disciplinary action. All cases of
harassment will be handled with strong disciplinary action, up to and including termination from
employment.
All supervisors and managers are responsible for:
1. Implementing this policy, which includes, but is not limited to, taking steps to prevent harassment and
retaliation;
2. Ensuring that all employees under their supervision have knowledge of and understand this policy;
3. Promptly reporting any complaints to the Director of Human Resources reps-esentative so they may be
investigated and resolved in timely manner;
4. Taking and/or assisting in prompt and appropriate corrective action when necessary to ensure compliance
with this policy; and
5. Conducting themselves, at all times, in a manner consistent with this policy.
Failure to meet these responsibilities may lead to disciplinary action, up to and including termination.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2007-
4)
(Supp. No. 79)
Page 3 of 4
CHAPTER 3 - Human Resources
APPENDIX 3-8 EFFECTS O&-AL€OHOL FACT SHE-€-TC RESERVED
Weld County, Colorado, Charter and County Code
(Supp. No. 79)
Page 4 of 4
Sec. 3-6-20. Sick leave.
A. Sick leave is arned byThe County provides eligible employees towith paid sick and safe leave ("PSSL") and
public health emergency leave "PHEL") in accordance with the requirements of Colorado's Healthy Families and
Workplaces Act '"HFWA").
Paid Sick and Safe Leave (PSSL)
All employees are eligible to accrue PSSL and may receive additional sick leave for use during a public health
emergency (as defined further below).
A. Sick leave (PSSL) can be used in the following circumstances:
1. When an employee is unable to perform job duties because of physical or mental illness, injury, or
health condition, or any other medically disabling condition
2. When -the employee , or to care for a family member who has a health related examination or
treatmentmental or physical illness, injury or health condition.
2. To obtain a medical diagnosis, care or treatment of a mental or physical illness, in ury or health
condition of the employee or employee's family member, or to obtain preventative medical care for the
employee or the employee's family member;
a. When planning medical treatment or appointments an employee should consult with his or her
supervisor and make a reasonable effort to schedule the treatment so as not to disrupt unduly
the employer's operations. The employee and supervisor will attempt to work out a schedule for
such leave that meets the needs of both the employer and the employee. In cases where
disruption may occur, the employee shall notify their supervisor as soon as they are aware of the
treatment or appointment.
33. If the employee or a family member is the victim of domestic abuse, sexual assault or harassment and
needs leave to:
Seek medical attention to recover from a mental or physical illness, injury or health condition
caused by the domestic abuse, sexual assault or harassment;
Obtain services from a victim services organization;
Obtain mental health or other counseling;
Seek relocation due to the domestic abuse, sexual assault or harassment; or
Seek legal services, including preparing for or participating in a civil or criminal proceeding
relating to or resulting from the domestic abuse, sexual assault or harassment.
When, due to a public health emergency
as defined below), a public official has ordered the closure of:
The employee's place of business; or
The school or place of care of the employee's child and the employee needs to be absent from
work to care for their child.
1. To grieve, attend funeral services or memorial or deal with financial and legal matters that arise after a
family members death.
(Supp. No. 79)
Page 1 of 5
CHAPTER 3 - Human Resources
APPENDIX 3 8 EFFECTS OF ALCOHOL FACT SHEETC RESERVED
2. To provide care for a family member whose school or place of care has been closed due to an unexpected
event that leads to the closure of the school or place of care, including inclement weather and loss of
power, heating, or water.
3. The evacuate the employee's place of residence due to an unexpected event that leads to the need to
evacuate, including inclement weather and loss of power, heating, or water.
5. An employee who is required to care for members of his or her immediate family, as defined under the
use, child or paren
accumulated sick leave. For the purposes of the FMLA, the employee's child must be under the age of
eighteen (18), still in school, or if older there must be medical certification showing the child is
disabled.
4 Sick I ave during, and as the apparent result of, a pandemic health emergency that has been declared
by the County Health Officer shall be addressed in the same manner as regular sick leave, with no
Subsections E and F below or as required by state or federal law.
For purposes of this policy, a "family member" means:
An employee's immediate family member i.e., a person related by blood, marriage, civil union
or adoption),
A child to whom the employee stands in loco parentis;
A person who stood in loco parentis to the employee when the employee was a minor; or
A person for whom the employee is responsible for providing or arranging health -or safety -
related care.
PSSL can be used as it is accrued. However, the County may verify employee hours within the month after work is
performed and adjust PSSL accrual amounts to correct any inaccuracy. The County will notify employees in writing
of any such change in accrued PSSL amounts.
PSSL may be used in one -hour increments or greater. Failure to use PSSL in good faith and for the reasons specified
in this policy can result in discipline.
B. Accrual of Sick Leave (PSSL): The accrual rate is shown in Table 3.5:
Table 3.5
Sick Leave (PSSL) Accrual Rates
Sick Accrual
(PSSL)
Hours
Accrued
and
Monthly
part-time
(prorated
employees)
for partial
months
Regular
Employee
8-1
hour
for every 20
hours
worked
Part Time
-S --Employee
6-1
hour
for every 30
hours worked
.7
PartTime.50
4
For employees hired before January 1, 1985, accumulated sick leave is payable upon termination at one-half
(1/2) the hours of accumulated unused sick leave, not to exceed one (1) month's salary. Employees hired after
January 1, 1985, will not be paid for accumulated sick leave upon termination of employment.
An employee is toD. The County will allow use of PSSL for a covered use upon request. Requests can be made
orally or in writing including electronically. When possible, employees should include the expected duration
Weld County, Colorado, Charter and County Code
(Supp. No. 79)
Page 2 of 5
CHAPTER 3 - Human Resources
APPENDIX 3 B EFFECTS OF ALCOHOL FACT SHEETC RESERVED
of the absence in their request for leave. An employee should report his or her absence daily directly to his or
her supervisor within one (1) hour before the employee s regular starting time. Not contacting the supervisor
and obtaining an approved absence for three (3) days i-smay be considered abandonment of the job and may
result in termination or disciplinary action.
E Employees who are entitled and have earned sick time, may use this time on their normally scheduled
id regular pay and
sick pay for the same time. Sick I ave hours and regular hours may not exceed their normal scheduled shift.
F An employee may be required to providesearch for or find a medical doctor's verification that the employee
has been seen at a clinic for an illness or a medical doctor's verification replacement worker to cover the
hours during which they are using PSSL. The County will not count employees' use of fitness for duty -at any
time. Abuse of sick leave or excessivePSSL in compliance with this policy as an absence when evaluating
absenteeism may . Therefore, any such use of PSSL will not lead to or result in other disciplinary actions,
including discipline, demotion, suspension, or termination.
An employee who is absent from work for medical reasons for more than three (3)four (4) consecutive work
days, or is absent intermittently for the same condition, may be required to provide a doctor's certification
and to complete all forms as directed under the Family Medical Leave Act 4o medical doctor's verification
shall be required when a serious health condition occurs during, and is the apparent result of, a pandemic
health emergency that has been declared by the County Health Officer. 'FMLA).
G. Advanced sick leavePSSL is not permitted. Employees may not carry negative sick hours. The County will not
pay out earned sick leavePSSL in lieu of taking the time except as provided in Section C above.
H An employee who calls in sick when scheduled for any mandatory worktime will be able to use their sick
time.
An employee cannot accumulate more than four -hundred eighty (480) hours of sick leave (prorated for
benefit eligible part time employees). Employees carry over accrued but unused PSSL from one year to the
next without forfeit.
(W el dPublic Health Emergency Leave (PHEL)
In addition to the PSSL described above, the County Code Ordinance 2003 4; Weldwill provide employees with
PHEL in accordance with the terms below.
For purposes of this policy, a "public health emergency" is:
• An act of bioterrorism, a pandemic influenza or an epidemic caused by a novel and highly fatal infectious
agent, for which:
o An emergency is declared by a federal, state or local public health emergency; or
o A disaster emergency is declared by the governor; or
• A highly infectious illness or agent with epidemic or pandemic potential for which a disaster emergency is
declared by the Governor.
On the day a public health emergency is declared, an employee will immediately be able to request a one-time
supplement of PHEL in addition to whatever amount of PSSL that employee has available at the time of the
request.
Employees who normally work forty or more hours in a week, and who do not have at least 80 hours of PSSL
available, will have immediate access of 80 hours of total paid leave, inclusive of any amount of PSSL the employee
has available at that time.
Weld County, Colorado, Charter and County Code
(Supp. No. 79)
Page 3 of 5
CHAPTER 3 - Human Resources
APPENDIX 3 -B -€-SECTS OF ALCOHOL FACT SHEETC RESERVED
Employees who normally work fewer than 40 hours per week, and who do not have enough PSSL to satisfy the
amounts described herein, will have immediate access to paid leave equaling the greater of: (1 the amount of
hours the employee is scheduled for work in the 14 -day period after the leave request; or (2) the amount of time
the employee actually worked in the 14 -day period prior to the declaration of the public health emergency or the
leave request, whichever is later, inclusive of any PSSL the employee has available at that time.
From the declaration of a public health emergency until four weeks after the official termination or suspension of
the emergency declaration, PHEL can be used for any of the following reasons:
• To self -isolate and care for oneself or a family member who is self -isolating because the employee or
family member is diagnosed with, or experiencing symptoms of, a communicable illness that is the cause
of a of a public health emergency;
• To seek or obtain for oneself or care for family member who needs a medical diagnosis, care, or treatment
if experiencing symptoms of a communicable illness that is the cause of a public health emergency;
• To seek for oneself or a family member preventive care concerning a communicable illness that is the
cause of a public health emergency;
• An employee is unable to work because the employee has a health condition that may increase
susceptibility to or risk of communicable illness that is the cause of the public health emergency;
• Either the County Code Ordinance 2005 14; Weldor a public health authority with appropriate urisdiction
determines that an employee's presence on the Job or in the community would jeopardize the health of
others because of the individual's exposure to a communicable illness that is the cause of a public health
emergency or because the individual is exhibiting symptoms of such a communicable illness, regardless of
whether the individual has been diagnosed with the illness;
• To care for a family member after either the family member's employer or a public health authority with
appropriate authority determines that the family member's presence on the job or in the community
would Jeopardize the health of others because of the family member's exposure to a communicable illness
that is the cause of a public health emergency or because the family member is exhibiting symptoms of
such a communicable illness, regardless of whether the family member has been diagnosed with the
illness,
• To care for a child or other family member when their child care provider is unavailable due to a public
health emergency or their school or place of care has been closed due to a public health emergency
(including when the school or place of care is physically closed but providing instruction remotely).
Employees are only eligible for these amounts of PHEL one time during the entirety of a public health emergency
(even if the public health emergency is extended, amended, restated or prolonged).
During a public health emergency, employees will continue to accrue PSSL in accordance with this policy.
When the need for PHEL is foreseeable and the workplace has not been closed, employees must notify the County
Code Ordinance 2009 10; Weldof the need for PHEL as soon as practicable. To provide notice of the need to use
PHEL, employees should contact Human Resources.
Rate of Pay
PSSL and PHEL arepaid at the same hourly rate or salary (not including overtime, bonuses or holiday pay) and with
the same benefits, including healthcare benefits, as the employee normally earns during hours worked. Leave will
be paid on the same schedule as regular wages.
Employee Records Requests
Weld County, Colorado, Charter and County Code
(Supp. No. 79)
Page 4 of 5
CHAPTER 3 - Human Resources
APPENDIX 3 B EFFECTS OF ALCOHOL FACT SHEETC RESERVED
Upon an employee's request, the County Code Ordinance 2010 8 ; We -IA -will provide in writing or electronically)
documentation indicating the current amount of PSSL and PHEL available for use and the amount of such leave
already used during the current year. Employees will be allowed to make one such request per month, except they
may make an additional request when any need for PSSL or PHEL arises.
Effect on Other Rights and Policies
The County Code Ordinance 2012 11 ; Weldmay provide other forms of leave for employees to care for medical
conditions or for issues related to public health emergencies or domestic abuse, sexual assault, or harassment
u nder certain federal, state and local laws. In certain situations, leave under this policy may run at the same time as
leave available under another federal, state, or local law, provided eligibility requirements for that law are met. The
County Code Ordinance 2014 12 ; Weldis committed to complying with all applicable laws. Employees should
contact Human Resources for information about other federal, state and local medical, victim, public health
e mergency, or family leave rights.
Confidentiality
The County Code Ordinance 2015 18 ; Weidwill keep confidential the health or safety information of an employee
o r employee's family member. Such information will not be disclosed except to the affected employee, with the
written permission of the affected employee or as otherwise required by law.
Separation from Employment
Compensation for accrued and unused PSSL or available PHEL is not provided upon separation from employment
for any reason. If an employee is rehired by the County Code Ordinance 2016 08 ; Weldwithin six months of
separation from employment, previously accrued but unused PSSL will be immediately reinstated.
Retaliation
Employees have the right to request and use PSSL and PHEL in a manner consistent with the HWFA. The County
Code Ordinance 2017 07 ; Weld County Code Ordinance 2018 08 ; Weld County Code Ordinance 2019 07 ; Weld
County Code Ordinance 2021 12 )will not discriminate or retaliate, or tolerate discrimination or retaliation, against
any employee who: seeks or obtains leave in accordance with this policy; files a complaint regarding an alleged
violation of the HWFA; participates in an investigation, hearing or proceeding or cooperates in or assists with an
investigation related to an alleged violation of the HWFA; informs any person of their potential rights under the
HWFA; or otherwise exercises their rights under the HWFA.
**
New Code referenced to be added'
Weld County, Colorado, Charter and County Code
(Supp. No. 79)
Page 5 of 5
(itir40A-
Updated
Sec. 3-6-80. Bereavement leave.
Leave of absence with pay because of death in an immediate family may be granted to regular and part-time
e mployees by the department head or elected official for a period not to exceed 3 working days. Entitlement to
leave of absence under this Section shall be in addition to any other leave. For purposes of this Section, immediate
family means an employee's immediate family member (i.e., a person who is related by blood, marriage, civil union
o r adoption); a child to whom the employee stands in loco parentis or a person who stood in locos parentis to the
e mployee when the employee was a minor; or a person for whom the employee is responsible for providing or
arranging health or safety related care.
Existing
• Sec. 3-6-80. - Bereavement leave.
SHARE LINK TO SECTION PRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL
SECTIONCOMPARE VERSIONS
Leave of absence with pay because of death in the immediate family may be granted
to regular and part-time employees by the department head or elected official for a
period not to exceed twenty-four (24) -hours (prorated for benefit-ekgibte-part-time
e mp4-onies7- based on Tabl-e _ 3.1-x-.3 working days. Entitlement to leave of absence
u nder this Section shall be in addition to any other leave. For purposes of this Section,
immediate family means speuse, child, parent, stepparent, stepchild, sibling, half -
sibling, mo ather-in-law, son--i-n-law, daughter-in-law, sister-in-law, brother-
in-law, gra rent, step -grandparent, grandchild, step -
grandchild, foster pant as -t -e -r -child, and guardian. an employee's immediate family
member (i.e., a person who is related by blood, marriage, civil union or adoption); a child to
whom the employee stands in loco parentis or a person who stood in locos parentis to the
employee when the employee was a minor; or a person for whom the employee is responsible
for providing or arranging health or safety related care.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2014-12 Weld
County Code Ordinance 2015-18 ; Weld County Code Ordinance 2016-08 ; Weld
County Code Ordinance 2022-07 )
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Jill Scott
Thursday, August 17, 2023 3:51 PM
Cheryl Hoffman
Esther Gesick
RE: Chapter 3 updates
3-6-20 Sick Leave (Update to include new HFWA Language)
3-6-80 Bereavement (Update to include new HFWA Language)
3-3-50 Sexual and Other Prohibited Harassment (Update for POWR Act)
If this doesn't work, just let me know.
Jill Scott MBA, PHR, SHRM-CP
Director of Human Resources
Weld County Government
P.O. Box 758, 1150 O St
Greeley, CO 80632
970-400-4230
HR Mission Statement
Weld County Human Resources is a strategic business partner dedicated to enhancing the employee
experience, collaborating with individual departments, and supporting the values and goals of Weld County
Government.
liELD
WELD COUNTY, CO
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Thursday, August 17, 2023 9:49 AM
To: Jill Scott <jscott@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: RE: Chapter 3 updates
Perfect! Sounds good, thank you.
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 0 Street/P.O. Box 758
i
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From: Jill Scott <jscott@weld.gov>
Sent: Thursday, August 17, 2023 9:48 AM
To: Cheryl Hoffman <choffman@weld.gov>
Cc: Esther Gesick <egesick@weld.gov>
Subject: Re: Chapter 3 updates
Ok - will have to you shortly.
Sent from my iPhone
On Aug 17, 2023, at 9:46 AM, Cheryl Hoffman <choffman@weld.gov>wrote:
Hi Jill,
I'm getting ready to calendar dates for this ordinance (Ord2023-14) and then begin to draft the
changes. Do you have the "few minor language updates for 3-6-20" you'd like to forward me?
Also, in our docket we usually summarize in parenthesis what the changes are regarding, such
as:
On Chapter 3 Human Resources Ord 2023-10 it looks like this:
RE: Code Ordinance #2023-10, In the Matter of Repealing
and Reenacting with Amendments, Chapter 3 Human
Resources of the Weld County Code
(Concealed Carry)
What would you like in parenthesis as a summary?
Just let me know.
Enjoy your Thursday, Jill.
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From: Jill Scott <jscott@weld.gov>
Sent: Tuesday, August 15, 2023 11:13 AM
To: Cheryl Hoffman <choffman@weld.gov>
Subject: Chapter 3 updates
I have a few minor language updates for 3-6-20 — I apologize. I will get those to you shorty.
Jill Scott MBA, PHR, SHRM-CP
Director of Human Resources
Weld County Government
P.O. Box 758, 1150 O St
Greeley, CO 80632
970-400-4230
HR Mission Statement
Weld County Human Resources is a strategic business partner dedicated to enhancing the
employee experience, collaborating with individual departments, and supporting the values and
goals of Weld County Government.
<image001.png>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are
intended only for the person or entity to which it is addressed and may contain information that is
privileged, confidential or otherwise protected from disclosure. If you have received this communication
in error, please immediately notify sender by return e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this
communication or any attachments by anyone other than the named recipient is strictly prohibited.
3
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Esther Gesick
Friday, August 11, 2023 2:36 PM
Cheryl Hoffman
Jill Scott; Ryan Rose; Karin McDougal; Esther Gesick
FW: Chapter 3 updates
3-6-80 Bereavement Leave 8.7.2023.docx; 3-6-20 Sick Leave 8.7.2023.docx; 3-3-50
Sexual and Other Prohibited Harassment 8.7.2023.docx
Follow up
Flagged
Hi Cheryl,
Please see the request below, slate dates and coordinate with Jill.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758IGreeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Jill Scott <jscott@weld.gov>
Sent: Friday, August 11, 2023 1:28 PM
To: Esther Gesick <egesick@weld.gov>
Cc: Ryan Rose <rrose@weld.gov>; Karin McDougal <kmcdougal@weld.gov>
Subject: Chapter 3 updates
Good morning —
Please the attached code changes for chapter 3 — there was a work session for this last week. In addition, we would like
to move 3-3-50 to right under 3-2-10 EEO and make it 3-2-15 instead.
If you have any questions, or need anything from me on next steps please let me know.
Thank you Esther.
Jill Scott MBA, PHR, SHRM-CP
Director of Human Resources
Weld County Government
P.O. Box 758, 1150 O St
1
Greeley, CO 80632
970-400-4230
HR Mission Statement
Weld County Human Resources is a strategic business partner dedicated to enhancing the employee
experience, collaborating with individual departments, and supporting the values and goals of Weld County
Government.
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
2
1Lb1
Sec. 3-3-50. Sexual and Other Prohibited Harassment.
The County is committed to providing a work environment that is free of prohibited harassment. As a result, the
County maintains a strict policy prohibiting sexual harassment and harassment against applicants and employees
based on any legally recognized status, including, but not limited to: race, color, religion, sex, pregnancy (including
lactation, childbirth or related medical conditions), sexual orientation, gender identity, age (40 and over), national
origin or ancestry, physical or mental disability, genetic information (including testing and characteristics), veteran
status, marital status, uniformed-servicemember status, or any other status protected by federal, state, or local
law.
The County's anti -harassment policy applies to all persons involved in its operations, regardless of their position,
and prohibits harassing conduct by any employee of the County, including department heads and supervisors. This
policy also protects employees from prohibited harassment by third parties, such as customers, vendors, clients,
visitors, or temporary or seasonal workers. If such harassment occurs in the workplace by someone not employed
by the County, the procedures in this policy should be followed. The workplace includes actual worksites, any
setting in which work -related business is being conducted (whether during or after normal business hours),
County -sponsored events, or County owned/controlled property.
The County prohibits unlawful harassment, including sexual harassment, as well as conduct that does not rise to
the level of being unlawful. This policy is not designed or intended to limit the County's authority to discipline or
take remedial action for workplace conduct that the County deems unacceptable, regardless of whether that
conduct satisfies the definition of unlawful harassment, sexual harassment, or retaliation.
Sexual Harassment Defined
Sexual harassment includes unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical
conduct of a sexual nature when:
Submission to such conduct is made a term or condition of employment; or
Submission to, objection to, or rejection of, such conduct is used as a basis for employment decisions
affecting the individual; or
Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance
or creating an intimidating, hostile or offensive working environment.
Sexual harassment includes various forms of offensive behavior based on sex. The following is a non -exhaustive list
of the types of conduct prohibited by this policy:
• Unwanted sexual advances or propositions (including repeated and unwelcome requests for dates);
• Offers of employment benefits in exchange for sexual favors;
• Making or threatening reprisals after a negative response to sexual advances;
• Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures,
cartoons, posters, websites, emails or text messages;
Verbal conduct: making or using sexually derogatory comments, innuendos, epithets, slurs, sexually explicit
jokes, or comments about an individual's body or dress, whistling or making suggestive or insulting sounds;
Verbal and/or written abuse of a sexual nature, graphic verbal and/or written sexually degrading
commentary about an individual's body or dress, sexually suggestive or obscene letters, notes, invitations,
emails, text messages, tweets or other social media postings;
• Physical conduct: touching, assault or impeding or blocking normal movements;
• Retaliation for making reports or threatening to report sexual harassment.
Other Types of Harassment
Harassment on the basis of any legally protected status is prohibited, including harassment based on: race, color,
religion, sex, pregnancy (including lactation, childbirth or related medical conditions), sexual orientation, gender
identity, age (40 and over), national origin or ancestry, physical or mental disability, genetic information (including
testing and characteristics), veteran status, marital status, uniformed-servicemember status or any other status
protected by federal, state, or local law. Prohibited harassment may include behavior similar to the illustrations
above pertaining to sexual harassment. It also includes, but is not limited to:
• Verbal conduct including taunting, jokes, threats, epithets, derogatory comments, or slurs based on an
individual's protected status;
• Visual and/or written conduct including derogatory posters, photographs, calendars, cartoons, drawings,
websites, social media, emails, text messages, or gestures based on an individual's protected status; and
• Physical conduct including assault, unwanted touching, or blocking normal movement because of an
individual's protected status.
Complaint Procedure
Any applicant or employee who believes they have been subjected to prohibited harassment, discrimination, or
retaliation by a co-worker, supervisor, manager, client, visitor, vendor, customer, or temporary or seasonal worker
of the County, or who believes another individual has been subject to such conduct, should report it immediately.
Applicants and employees are encouraged to report concerns, even if they relate to incidents in the past, involve
individuals who are no longer affiliated with the County, or concern conduct occurring outside of work if it impacts
the individual at work.
Complaints can be made verbally, or in writing, to the highest-ranking on -site supervisor or manager or to any
Human Resources representative. Employees are not required to report any prohibited conduct to a supervisor or
manager who may be hostile, who has engaged in such conduct, who is a close associate of the person who has
engaged in such conduct, or with whom the employee is uncomfortable discussing such matters.
Employees are encouraged, but not required, to communicate to the offending person that the person's conduct is
offensive and unwelcome. Any supervisor or manager who receives a complaint of harassment or retaliation must
immediately report the allegation to Human Resources.
After a report is received, a thorough and objective investigation will be undertaken. Confidentiality will be
maintained to the extent practical and permitted by law. Investigations will be conducted as confidentially as
possible and related information will only be shared with others on a need -to -know basis. The investigation will be
completed, and a determination made and communicated to the employee as soon as practical. The County
expects all employees to fully cooperate with any investigation conducted by the County into a complaint of
proscribed harassment, discrimination, or retaliation, or regarding the alleged violation of any other County
policies.
If a complaint of prohibited harassment or discrimination is substantiated, appropriate disciplinary action, up to
and including termination of employment, will be taken. If a complaint cannot be substantiated, the County may
take appropriate action to reinforce its commitment to providing a work environment free from harassment.
The Equal Employment Opportunity Commission ("EEOC") and equivalent state agencies will accept and
investigate charges of unlawful discrimination and harassment at no charge to the complaining party. The nearest
office of the EEOC and equivalent state agencies can be found in your local telephone directory or online at
www.eeoc.gov.
Managers' Responsibility
All supervisors and managers are responsible for:
1. Implementing this policy, which includes, but is not limited to, taking steps to prevent harassment and
retaliation;
2. Ensuring that all employees under their supervision have knowledge of and understand this policy;
3. Promptly reporting any complaints to Human Resources so they may be investigated and resolved in
timely manner;
4. Taking and/or assisting in prompt and appropriate corrective action when necessary to ensure compliance
with this policy; and
5. Conducting themselves, at all times, in a manner consistent with this policy.
Failure to meet these responsibilities may lead to disciplinary action, up to and including termination.
Protection Against Retaliation
Retaliation is prohibited against any person by another employee or by the County for using this complaint
procedure, reporting proscribed harassment, objecting to such conduct, or filing, testifying, assisting, or
participating in any manner in any investigation, proceeding, or hearing conducted by a governmental
enforcement agency. Prohibited retaliation includes, but is not limited to, termination, demotion, suspension,
failure to hire or consider for hire, failure to give equal consideration in making employment decisions, failure to
make employment recommendations impartially, adversely affecting working conditions, or otherwise denying any
employment benefit.
Individuals who believe they have been subjected to retaliation or believe that another individual has been
subjected to retaliation, should report this concern to the highest-ranking on -site supervisor or manager or to any
Human Resources representative. Any report of retaliatory conduct will be investigated in a thorough and
objective manner. If a report of retaliation prohibited by this policy is substantiated, appropriate disciplinary
action, up to and including termination of employment, will be taken. If a complaint cannot be substantiated, the
County may take appropriate action to reinforce its commitment to providing a work environment free from
retaliation.
Good Faith
The initiation of a good -faith complaint of harassment or retaliation will not be grounds for disciplinary action,
even if the allegations cannot be substantiated. Any individual who makes a complaint that is demonstrated to be
intentionally false may be subject to discipline, up to and including termination.
Support for Individuals Impacted by Harassment or Retaliation
The County will strive to assist anyone who has been subjected to unwelcome harassment or retaliation to feel
more comfortable in the work environment. Such assistance may, but does not necessarily include transfer or
reassignment. Any such assistance is at the County's sole discretion.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2007-
4)
Sec. 3-6-20. Sick leave.
The County provides eligible employees with paid sick and safe leave ("PSSL") and public health
emergency leave ("PHEL") in accordance with the requirements of Colorado's Healthy Families and Workplaces Act
("HFWA").
Eligibility
All employees are eligible to accrue PSSL and may receive supplemental sick leave for use during a public health
emergency (as defined further below). If any paid leave is available, the employee must use available balance
before unpaid leave.
Paid Sick and Safe Leave (PSSL)
A. Sick leave (PSSL) can be used in the following circumstances:
1. When an employee is unable to perform job duties because of physical or mental illness, injury, or
health condition, or any other medically disabling condition, or to care for a family member who has a
mental or physical illness, injury, or health condition.
2. To obtain a medical diagnosis, care, or treatment of a mental or physical illness, injury or health
condition of the employee or employee's family member, or to obtain preventative medical care for the
employee or the employee's family member.
a. When planning medical treatment or appointments an employee should consult with his or her
supervisor and make a reasonable effort to schedule the treatment so as not to disrupt unduly
the employer's operations. The employee and supervisor will attempt to work out a schedule for
such leave that meets the needs of both the employer and the employee. In cases where
disruption may occur, the employee shall notify their supervisor as soon as they are aware of the
treatment or appointment.
3. If the employee or a family member is the victim of domestic abuse, sexual assault or harassment and
needs leave to:
Seek medical attention to recover from a mental or physical illness, injury, or health condition
caused by the domestic abuse, sexual assault, or harassment;
Obtain services from a victim service organization;
Obtain mental health or other counseling;
Seek relocation due to the domestic abuse, sexual assault, or harassment; or
Seek legal services, including preparing for or participating in a civil or criminal proceeding
relating to or resulting from the domestic abuse, sexual assault, or harassment.
4. When, due to a public health emergency (as defined below), a public official has ordered the closure of:
The employee's place of business; or
The school or place of care of the employee's child and the employee needs to be absent from
work to care for their child.
5. To grieve, attend funeral services or memorial or deal with financial and legal matters that arise after a
family members death.
6. To care for a family member whose school or place of care has been closed due to inclement weather,
loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in
the closure of the family member's school or place of care.
7. To evacuate their place of residence due to inclement weather, loss of power, loss of heating, loss of
water, or other unexpected occurrence or event that results in the employee's need to evacuate their
residence.
For purposes of this policy, a "family member" means:
An employee's immediate family member (i.e., a person related by blood, marriage, civil union or
adoption);
A child to whom the employee stands in loco parentis;
A person who stood in loco parentis to the employee when the employee was a minor; or
A person for whom the employee is responsible for providing or arranging health -or safety -related care.
PSSL can be used as it is accrued. However, the County may verify employee hours within the month after
work is performed and adjust PSSL accrual amounts to correct any inaccuracy. The County will notify employees in
writing of any such change in accrued PSSL amounts.
PSSL may be used in 15 -minute increments or greater. Failure to use PSSL in good faith and for the reasons
specified in this policy can result in discipline.
B. Accrual of Sick Leave (PSSL): The accrual rate is shown in Table 3.5:
Table 3.5
Sick Leave (PSSL) Accrual Rates
Type of Eb p/vyee
$�rh A civ l (P$SL) ,
Regular Employee Full -Time
8.00 hours per month
Part time 0.75
6.00 hours per month
Part time 0.50
4.00 hours per month
Each employee's accrual amount of paid sick leave will meet or exceed the HFWA requirement of at least one hour
of paid sick leave for every thirty hours worked by the employee.
C. For employees hired before January 1, 1985, accumulated sick leave is payable upon termination at one-half
(%) the hours of accumulated unused sick leave, not to exceed one (1) month's salary. Employees hired after
January 1, 1985, will not be paid for accumulated sick leave upon termination of employment.
D. The County will allow use of PSSL for a covered use upon request. Requests can be made orally or in writing
(including electronically). When possible, employees should include the expected duration of the absence in
their request for leave. An employee should report his or her absence daily directly to his or her supervisor
within one (1) hour before the employee's regular starting time. Not contacting the supervisor and obtaining
an approved absence for three (3) days may be considered abandonment of the job and may result in
termination or disciplinary action.
E. Employees are not required to search for or find a replacement worker to cover the hours during which they
are using PSSL. The County will not count employees' use of PSSL in compliance with this policy as an absence
when evaluating absenteeism. Therefore, any such use of PSSL will not lead to or result in discipline,
demotion, suspension, or termination.
F. An employee who is absent from work for medical reasons for more than four (4) consecutive workdays, may
be required to provide a doctor's certification and to complete all forms as directed under the Family Medical
Leave Act (FMLA). The County will not require the disclosure of details regarding an employee's or
employee's family member's health information or the domestic violence, sexual assault, or stalking that is
the basis for the request for leave.
G. Advanced PSSL is not permitted. Employees may not carry negative sick hours. The County will not pay out
earned PSSL in lieu of taking the time except as provided in Section C above.
H. An employee who calls in sick when scheduled for any mandatory worktime must use available sick time.
I. An employee cannot accumulate more than four -hundred eighty (480) hours of sick leave (prorated for part-
time employees). Employees carry over accrued but unused PSSL from one year to the next without forfeit.
Public Health Emergency Leave (PHELJ
In addition and supplemental to the PSSL described above, the County will provide employees with PHEL
in accordance with the terms below.
For purposes of this policy, a "public health emergency" is:
• An act of bioterrorism, a pandemic influenza or an epidemic caused by a novel and highly fatal infectious
agent, for which:
o An emergency is declared by a federal, state, or local public health emergency; or
o A disaster emergency is declared by the governor; or
• A highly infectious illness or agent with epidemic or pandemic potential for which a disaster emergency is
declared by the Governor.
On the day a public health emergency is declared, an employee will immediately be able to request a one-
time supplement of PHEL in addition to whatever amount of PSSL that employee has available at the time of the
request.
Employees who normally work forty or more hours in a week, and who do not have at least 80 hours of
PSSL available, will have immediate access of 80 hours of total paid leave, which will includes any amount of PSSL
the employee has available at that time.
Employees who normally work fewer than 40 hours per week, and who do not have enough PSSL to satisfy
the amounts described herein, will have immediate access to paid leave equaling the greater of: (1) the amount of
hours the employee is scheduled for work in the 14 -day period after the leave request; or (2) the amount of time
the employee actually worked in the 14 -day period prior to the declaration of the public health emergency or the
leave request, whichever is later, inclusive of any PSSL the employee has available at that time.
From the declaration of a public health emergency until four weeks after the official termination or
suspension of the emergency declaration, PHEL can be used for any of the following reasons:
To self -isolate and care for oneself or a family member who is self -isolating because the employee or
family member is diagnosed with, or experiencing symptoms of, a communicable illness that is the cause
of a of a public health emergency.
To seek or obtain for oneself or care for family member who needs a medical diagnosis, care, or treatment
if experiencing symptoms of a communicable illness that is the cause of a public health emergency.
To seek for oneself or a family member preventive care concerning a communicable illness that is the
cause of a public health emergency.
An employee is unable to work because the employee has a health condition that may increase
susceptibility to or risk of communicable illness that is the cause of the public health emergency.
Either the County or a public health authority with appropriate jurisdiction determines that an employee's
presence on the job or in the community would jeopardize the health of others because of the individual's
exposure to a communicable illness that is the cause of a public health emergency or because the
individual is exhibiting symptoms of such a communicable illness, regardless of whether the individual has
been diagnosed with the illness.
To care for a family member after either the family member's employer or a public health authority with
appropriate authority determines that the family member's presence on the job or in the community
would jeopardize the health of others because of the family member's exposure to a communicable illness
that is the cause of a public health emergency or because the family member is exhibiting symptoms of
such a communicable illness, regardless of whether the family member has been diagnosed with the
illness.
To care for a child or other family member when their childcare provider is unavailable due to a public
health emergency or their school or place of care has been closed due to a public health emergency
(including when the school or place of care is physically closed but providing instruction remotely).
Employees are only eligible for these amounts of PHEL one time during the entirety of a public health
emergency (even if the public health emergency is extended, amended, restated, or prolonged).
During a public health emergency, employees will continue to accrue PSSL in accordance with this policy.
When the need for PHEL is foreseeable and the workplace has not been closed, employees must notify
the County of the need for PHEL as soon as practicable. To provide notice of the need to use PHEL, employees
should contact Human Resources.
Rate of Pay
PSSL and PHEL are paid at the same hourly rate or salary (not including overtime, bonuses or holiday pay)
and with the same benefits, including healthcare benefits, as the employee normally earns during hours worked.
Leave will be paid on the same schedule as regular wages.
The pay rate for leave will be at least the applicable minimum wage. The pay rate will be calculated based
upon the employee's pay over the 30 calendar days prior to taking leave. If an employee has not yet worked 30
calendar days, the longest available period will be used.
Employee Records Requests
Upon an employee's request, the County will provide (in writing or electronically) documentation
indicating the current amount of PSSL and PHEL available for use and the amount of such leave already used during
the current year. Employees will be allowed to make one such request per month, except they may make an
additional request when any need for PSSL or PHEL arises.
Effect on Other Rights and Policies
The County may provide other forms of leave for employees to care for medical conditions or for issues
related to public health emergencies or domestic abuse, sexual assault, or harassment under certain federal, state
and local laws. In certain situations, leave under this policy may run at the same time as leave available under
another federal, state, or local law, provided eligibility requirements for that law are met. The County is committed
to complying with all applicable laws. Employees should contact Human Resources for information about other
federal, state and local medical, victim, public health emergency, or family leave rights.
Confidentiality
The County will keep confidential the health or safety information of an employee or employee's family
member. Such information will not be disclosed except to the affected employee, with the written permission of
the affected employee or as otherwise required by law.
Separation from Employment
Compensation for accrued and unused PSSL or available PHEL is not provided upon separation from
employment for any reason. If an employee is rehired by the County within six months of separation from
employment, previously accrued but unused PSSL will be immediately reinstated.
Retaliation
Employees have the right to request and use PSSL and PHEL in a manner consistent with the HFWA. The County will
not discriminate or retaliate, or tolerate discrimination or retaliation, against any employee who: seeks or obtains
leave in accordance with this policy; files a complaint regarding an alleged violation of the HFWA; participates in an
investigation, hearing or proceeding or cooperates in or assists with an investigation related to an alleged violation
of the HFWA; informs any person of their potential rights under the HFWA; or otherwise exercises their rights
under the HFWA.
Sec. 3-6-80. Bereavement leave.
Leave of absence with pay because of death in an immediate family may be granted to regular and part-time
employees by the department head or elected official for a period not to exceed 3 working days. Entitlement to
leave of absence under this Section shall be in addition to any other leave. For purposes of this Section, immediate
family means an employee's immediate family member (i.e., a person who is related by blood, marriage, civil union
or adoption); a child to whom the employee stands in loco parentis or a person who stood in locos parentis to the
employee when the employee was a minor; or a person for whom the employee is responsible for providing or
arranging health or safety related care.
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