HomeMy WebLinkAbout20232508.tiffWELD COUNTY
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CODE ORDINANCE 2023-14
e: 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 Chapter 3 Human Resources of the Weld County Code
be, and hereby is, repealed and re-enacted, with amendments, to read as follows.
CHAPTER 3
HUMAN RESOURCES
Add Sec. 3-2-15. Harassment, to read as follows:
A. Sexual and Other Prohibited Harassment
1. 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.
2. 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
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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.
3. 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.
B. Sexual Harassment Defined
1. Sexual harassment includes unwanted sexual advances, requests for sexual favors or
visual, verbal or physical conduct of a sexual nature when:
a. Submission to such conduct is made a term or condition of employment; or
b. Submission to, or rejection of, such conduct is used as a basis for employment
decisions affecting the individual; or
c. 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.
2. 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:
a. Unwanted sexual advances or propositions (including repeated and unwelcome
requests for dates);
b Offers of employment benefits in exchange for sexual favors;
c. Making or threatening reprisals after a negative response to sexual advances;
d Visual conduct: leering, making sexual gestures, displaying of sexually suggestive
objects or pictures, cartoons, posters, websites, emails or text messages;
e. 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;
f. 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;
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g. Physical conduct: touching, assault or impeding or blocking normal movements;
h. Retaliation for making reports or threatening to report sexual harassment.
C. Other Types of Harassment
1. 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:
a Verbal conduct including taunting, jokes, threats, epithets, derogatory comments or
slurs based on an individual's protected status;
b. 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
c. Physical conduct including assault, unwanted touching or blocking normal movement
because of an individual's protected status.
2. The Director of the Department of Human Resources will oversee the investigation 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.
3. All supervisors and managers are responsible for:
a. Implementing this policy, which includes, but is not limited to, taking steps to prevent
harassment and retaliation;
b. Ensuring that all employees under their supervision have knowledge of and
understand this policy;
c. Promptly reporting any complaints to the Director of Human Resources representative
so they may be investigated and resolved in a timely manner;
d. Taking and/or assisting in prompt and appropriate corrective action when necessary
to ensure compliance with this policy; and
e. Conducting themselves, at all times, in a manner consistent with this policy.
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4. Failure to meet these responsibilities may lead to disciplinary action, up to and including
termination.
Delete Sec. 3-3-50. Harassment.
behavior by any employee that creates an unacceptable employment environment or hostile
7
but not limited to harassment related to an individual's race, religion, color, sex, sexual
orientation, national origin, ancestry, citizenship status. marital status, pregnancy, age,
f 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 characteristic. There does not have to be a
Harassment may
involve action. behavior, exclusion, comment or physical contact which is found objectionable,
or which creates —an offensive environment or results in- the recipient feeling 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 worac and to assure that the workplace is free from harassment at all times.
Iter the conditions of the victim's employment and create
an offensive working environment.
C. Some examples of unacceptable conduct include: verbal abuse; the use of humor to put
7
bullying, coercive or menacing behavior; unwanted sexual advances, propositions, attention
or innuendo; ridicule or exclusion of an individual for cultural or religious differences; mi-suse
use of the Internet or e mail. It is advised that people take extra care when sending or
forwarding messages to consider the impact of the message or any attachment on the
recipients.
condition of employment.
2 . Submission to or refection of the harassment is used as the basis for employment
decisions affecting -an individual.
3. The harassment has the purpose
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individual's work performance or creating an intimidating, hostile or offensive working
environment.
E
:he following action:
1. In circumstances where one does not think one's personal safety will be jeopardized,
savior 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 problem informally.
3. Consider the option of choosing a third party mediator to help resolve the complaint.
Department of Human Resources.
completion of the investigation, the Director of the Department of Human Resources shall
report the findings to the appropriate department head or elected official for possible
to and including termination from employment.
ARTICLE VI — Leave Time Benefits
Repeal and Reenact Sec. 3-6-20. Sick leave, to read as follows:
A. Sick leave is earned by eligible employees to be used in the following circumstances:
1. When an employee is unable to perform the job duties because of illness, injury, or
any other medically disabling condition.
2. When the employee has a health related examination or treatment.
a. When planning medical treatment or appointments an employee should
consult with his or her supervisor and make a reasonable effort to schedule the
treatm loyer'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 emp oyee. In cases where disruption
may occur, the employee shall notify their supervisor as soon as they are
aware of the treatment or appointment.
3. An employee who is required to care for members of his or her immediate family, as
defined under the Federal Family Medical Leave Act (FMLA), (spouse, child, or
parent) who are ifl, may use thei-r accumulated sick leave. For the purposes of the
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FMLA, the employee's child must be under the age of eighteen (18), still in school, or
'1. Sick leave 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 change in the rules outlined in this Article,
u es outlined in Subsections E an. F oelow
or as required by state or federal law.
B. The accrual rate is shown in Table 3.5:
Table 3.5
Sick Accrual
months
and
partial
employees)
part-time
Regular Employee
8
6
Part -Time
.75
Part -Time
4
.50
C. 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.
D. An employee is to 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
may result in termination.
F Employees who are entitled and have earned sick time, may use this time on their normally
scheduled workdays. No sick time will be paid for normal days off. At no time will an employee
save hours and regular hours may
not exceed their normal scheduled shift.
including termination. An employee who is absent from work for medical reasons for more
than three (3) days, or is absent intermittently for the same condition, may be required to
Medical
Leave Act. No medical doctor's verif-i-cati-on shall be re fired when a serious health condition
declared by the County Health Officer.
County will not pay out earned sick leave in lieu of to -king the time.
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H. An employee who calls in sick when scheduled for any mandatory work time will be able -t -o
use their sick time.
ighty (480) hours of sick leave
(prorated for benefit -eligible part-time employees).
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").
A. Eligibility
1 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.
B. Paid Sick and Safe Leave (PSSL)
1. Sick leave (PSSL) can be used in the following circumstances:
a. 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.
b. 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.
i) 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.
c. If the employee or a family member is the victim of domestic abuse, sexual assault or
harassment and needs leave to:
i) Seek medical attention to recover from a mental or physical illness, injury, or health
condition caused by the domestic abuse, sexual assault, or harassment;
ii) Obtain services from a victim service organization;
iii) Obtain mental health or other counseling;
iv) Seek relocation due to the domestic abuse, sexual assault, or harassment; or
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v) 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.
2. When, due to a public health emergency (as defined below), a public official has ordered
the closure of:
a. The employee's place of business; or
b. 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.
3. To grieve, attend funeral services or memorial or deal with financial and legal matters that
arise after a family member's death.
4. 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.
5. 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.
6. For purposes of this policy, a "family member" means:
a. An employee's immediate family member (i.e., a person related by blood, marriage,
civil union or adoption);
b. A child to whom the employee stands in loco parentis;
c. A person who stood in loco parentis to the employee when the employee was a minor;
or
d. A person for whom the employee is responsible for providing or arranging health or
safety -related care.
7. 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.
8. PSSL may be used in fifteen (15) minute increments or greater. Failure to use PSSL in
good faith and for the reasons specified in this policy can result in discipline.
9. Accrual of Sick Leave (PSSL): The accrual rate is shown in Table 3.5:
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Table 3.5
Sick Leave (PSSL) Accrual Rates
Sick Accrual
(PSSL)
Type
of Employee
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 (1) hour of paid sick leave for every thirty hours worked by the
employee.
10. 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
o ne (1) month's salary. Employees hired after January 1, 1985, will not be paid for
accumulated sick leave upon termination of employment.
11 The County will allow use of PSSL for a covered use upon request. Requests can be made
o rally 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
o r her absence daily directly to his or her supervisor within one (1) hour before the
e mployee's regular starting time. Not contacting the supervisor and obtaining an approved
absence for three (3) days may be considered abandonment of the ob and may result in
termination or disciplinary action.
12 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.
13. 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.
14. 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.
15. An employee who calls in sick when scheduled for any mandatory worktime must use
available sick time.
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16. 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.
C. 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.
1. For purposes of this policy, a "public health emergency" is:
a. An act of bioterrorism, a pandemic influenza or an epidemic caused by a novel and
highly fatal infectious agent, for which:
i) An emergency is declared by a federal, state, or local public health emergency; or
ii) A disaster emergency is declared by the governor; or
b. A highly infectious illness or agent with epidemic or pandemic potential for which a
disaster emergency is declared by the Governor.
2. 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.
3. 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 include any amount of PSSL the employee has available at that time.
4. 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.
5. 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:
a. 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 public health emergency.
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b. 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.
c. To seek for oneself or a family member preventive care concerning a communicable
illness that is the cause of a public health emergency.
ri 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.
e. 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.
f 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.
g. 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).
6. 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).
7. During a public health emergency, employees will continue to accrue PSSL in accordance
with this policy.
8. 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.
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D. Rate of Pay
1. 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.
2. 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.
E. 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.
F. 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
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 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.
G. Confidentiality
The County will keep confidential the health or safety information of an employee or
e mployee's family member. Such information will not be disclosed except to the affected
e mployee, with the written permission of the affected employee or as otherwise required by law.
H. 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.
I. 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,
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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.
Amend Sec. 3-6-80. Bereavement leave.
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_
3 -three (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 spouse, child, parent,
stepparent, stepchild, sibling, half -sibling, mother-in-law, father-in-law, son-in-law, daughter -in
taw, sister-in-law, brother -in law, grandparent, spouse's grandparent, step grandparent,
grandchild, step -grandchild, foster parent, foster chitd, 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.
ARTICLE VII — Wages and Hours
Amend Sec. 3-7-70. Compensatory time off.
A. Compensatory time off (comp time) in lieu of overtime may be given if there is an
understanding between the department and the employee to provide time off as compensation
for overtime. To maintain a record of this understanding, a comp time form is available from
the Accounting Department.
B. Employees can accrue up to 80 hours of comp time, however, any time above 80 hours will
be paid out as overtime. Any comp time over 40 hours will be paid out on the second check
in April annually bringing all balances to 40 hours. Employees can make a one-time request
for payout or partial payout of comp time by contacting Payroll.
C. If an employee is eligible for comp time and is promoted to a salaried position, the employee
will be paid out all earned comp time at the rate of pay prior to their promotion and is no
longer eligible for comp time.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections 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 subsections
in said Code.
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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.
The above and foregoing Ordinance Number 2023-14 was, on motion duly made and
seconded, adopted by the following vote on the 25th day of September, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike Freeman, Chair
Weld County Clerk to the Board
Perry L. Buck, Pro-Tem
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
Scott K. James
Kevin D. Ross
Lori Saine
August 28, 2023
September 1, 2023, in the Greeley Tribune
September 11, 2023
September 15, 2023, in the Greeley Tribune
September 25, 2023
September 29, 2023, in the Greeley Tribune
October 4, 2023
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