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HomeMy WebLinkAbout20222723.tiffSec. 3-3-110. Appearance/dress. A. The County requires all employees to present a professional image to the public and our customers. Accordingly, each employee is required to wear appropriate attire. Employees are expected to dress neatly and appropriately and practice good grooming and hygiene. B. Employees working in an office environment with public contact are only authorized to wear blue denim jeans (blue jeans), with a collared shirt displaying the Weld County logo, to work on Fridays, with the approval of their Department Head/Elected Official. Temporary exceptions may be approved by the Department Head/Elected Official and must be requested before the workday or scheduled shift. Jeans must be professional looking, without holes, frays, fading, etc. Shorts are not authorized to be worn by any County employees while at work. If uniforms are provided, employees may be required to wear them. Certain jobs in the County have specific safety requirements, such as hard hats and steel -toed shoes. C While on duty, County employees are not permitted to wear any visible body piercing ornamentation except on the ears. D. A Department Head/Elected Official has the authority to request an employee to cover any body art that is deemed offensive. In determining if body art is offensive or distracting, the Department Head/Elected Official may consider not only the content of the body a ,'ut also the number and extent of body art being displayed as well as the location of the body art. Emplo - -s shall cover body art deemed offensive or distracting with clothing, skin -toned makeup, or an approved patch or wrap. Patches and wraps are: L4io a be skin toned 0b1 Not to distract from one's ability to conduct his/her duties CO Be non -offensive, and ito display no graphics or pictures. D. Employees found in violation of this policy may be sent home without pay or with use of accrued leave time to change into proper attire and could be subject to further disciplinary action. Pay status will be determined by the supervisor, department head or elected official. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2012-6 ; Weld County Code Ordinance 2014- 12) ay 0,uaP leek " _ PLL_Nier: 3--io 3 -G -2v 3 -‘0- 3D 340 -5() 3 40-- `JO -1,O-qn -L-/yo ; 3-(,-15a (Lit pacit,A4 (Supp. No. 78) Crr -- .. .. ... �.. .. r rl-T1 2022-2723 Page 1 of 1 CHAPTER 3 - Human Resources ARTICLE VI Leave Time Benefits ARTICLE VI Leave Time Benefits Sec. 3-6-05. Leave restriction. arnec. anc. can be c iangec. or revoked by the County. With the exception of FMLA/ADA purposes, an employee may not have more than six (6) months of combined paid or unpaid leave during any twelve month period months unless the employee's supervisor, in consultation with his or her department director or elected official, believes it to be in the County's best interests to allow the employee to have more than six (6) months of leave. Sec. 3-6-10. Vacation leave. A. No annual leave is earned during the first six (6) full pay periods of employment. Upon successful completion of tie first six (6s fu Day periods, emp oyees e igib e for vacation accrua wi be awarc.ee earner vacation hours. Successful completion means that the employee meets or exceeds appraisal standards on the sal. Employees may schedule vacation leave after the successful completion of the first six (6) full pay periods.A. Benefited Employees accrue vacation leave with pay based on continuous accumulative service. Newly hired eligible employees will begin accruing leave with the first full pay period of employment. B. Vacations must be scheduled in advance with the employee's supervisor. Vacation time will only be paid if taken on days the employee is scheduled to work. No vacation time will be paid for normal days off. At no time will an employee be paid regular pay and vacation pay for the same time. Vacations shall not conflict with the work requirements of the department. Scheduled vacations may need to be altered or canceled at any time for any reason by tie ceDartment Deaf or e ectec. officia .based on emergencies in which the ob duties require the employee to be available. Annual vacation is earned according to the length of County service as shown onin Table 3.4. Accrued vacation hours must be earned prior tobefore being available to the employee. C. An employee must have vacation time availaole to use when taking time. Only the department head or elected official can approve leave without pay for time taken if the employee has no vacation time available. Table 3.4 Annual Vacation Accrual Continuous County Years of Service Hours completion Accrued of the Monthly full (earned pav period) upon Part hours) Time Accrual (based on weekly .50 .75 Under 5 8 4 6 5 through 9 10 5 7.5 10 through 19 12 6 9 20 13.33 6.5 10 D. An employee cannot accumulate in excess ofmore than three hundred twenty (320) hours (prorated for benefit eligible part time employees, based on Table 3.1). Vacation time cannot be used in conjunction with Weld County, Colorado, Charter and County Code (Supp. No. 76) Created: 2022-03-25 11:30:54 [EST] Page 1 of 12 a termination. The last day worked will be considered the termination date, with the exception ofexcept for retiring employees. Earned but unused vacation is only payable upon terminationseparation of employment from the County. E Official holidays occurring during vacation leave are counted as holidays, not as vacation. Illness and emergency closure days during vacation periods are counted as vacation days. F Department heads, chief deputies and elected officials designated by the Home Rule Charter and the Board of County Commissioners do not accrue paid vacation. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld County Code Ordinance 2012-8 ; Weld County Code Ordinance 2015-18 Weld County Code Ordinance 2016-08 ; Weld County Code Ordinance 2017-07 ; Weld County Code Ordinance 2019-07 ; Weld County Code Ordinance 2021-12 ) Sec. 3-6-20. Sick leave. A. Sick leave is not a right. It is a privilege given toearned 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 medical, sur treatment. r tti health related examination or 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. 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 ill, may use their 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 leave during, and as the apparent result of, a pandemic health emergency whichthat 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 set forthoutlined in this Article, except for modification as detailed in the rules set forthoutlined in Subsections E and F below or as required by state or federal law. B. The accrual rate is shown onin Table 3.5: Table 3.5 Sick Leave Accrual Rates Sick Accrual Hours Accrued Monthly and fey -part-time (prorated employees) for partial months Regular Employee 8 Part Time .75 6 Part Time .50 4 (Supp. No. 7876) Created: 2022-08-02 18:29:4203-25 11:30:54 [EST] Page 2 of 12 C. For employees hired crior tobefore 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 An employee is to report his or her absence daily directly to his or her supervisor within one (1) hour prior tobefore the employee's regular starting time. Failure to report may be considered cause for denial of paid sick leave forNot contacting the s the employee furnishes an acceptable explanation. Not calling insupervisor and obtaining an approved absence for three (3) days is considered abandonment of the job and may result in termination. E. 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 be paid regular pay and sick pay for the same time. Sick leave hours and regular hours may not exceed their normal scheduled shift. F An employee may be required to provide a medical doctor's verification that the employee has been seen at a clinic for an illness or a medical doctor's verification of fitness for duty at any time. Abuse of sick leave or excessive absenteeism may result in the loss of the privilege to accumulate s+ck leave oc may rest +n other disciplinary actions, 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 provide a doctor's certification and to complete all forms as directed under the Family Medical Leave Act. No medical doctor's verification shall be required when t-hea serious health condition occurs during and is the apparent result of a pandemic health emergency whichthat has been declared by the County Health Officer. [KM1] rrences in any ro ing twelve month period. A sick leave occurrence is defined as a minimum of one (1) sick love day (standard combination of lours equa ing one +;1: sic< day (prorates, for stancarc lours wor<ec in a coy up to eigit hours). Employees who exceed the five (5) occurrences a -re subject to disciplinary action, including but not limited to the revocation of all sick leave privi-leges a -s set forth i-n- this Section, suspension, leave without pay and/or termination. Sick leave w emergency which has been declared by the County Health Officer shall not be considered as a sick love occurrence pursuant to this Subsection. Advanced sick leave is not permitted. Employees may not carry negative sick hours. The County will not pay out earned sick leave in lieu of taking the time. An employee who calls in sick when scheduled for any mandatory worktimework time will be able to use their sick time. The sick time will count as an occurrence and possibly lead to disciplinary action. An employee cannot accumulate in excess ofmore than four hundred eighty (480) hours of sick leave (prorated for benefit eligible part -:time employees). (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2009- 10; Weld County Code Ordinance 2010-8 ; Weld County Code Ordinance 2012-11 ; Weld County Code Ordinance 2014-12 ; Weld County Code Ordinance 2015-18 ; Weld County Code Ordinance 2016-08 ; Weld County Code Ordinance 2017-07 ; Weld County Code Ordinance 2018-08 ; Weld County Code Ordinance 2019-07 ; Weld County Code Ordinance 2021-12 ) Sec. 3-6-30. Reserved. (Weld County Code Ordinance 2012-11 ) (Supp. No. 7876) Created: 2022-08-02 18:29:4203-25 11:30:54 [EST] Page 3 of 12 Sec. 3-6-40. Reserved. Editor's note(s)—Weld County Code Ordinance 2021-12 , August 2, 2021, repealed § 3-6-40, which pertained to COVID-19 leave policy and derived from Weld County Code Ordinance 2020-08 ; Weld County Code Ordinance 2020-09 . Sec. 3-6-50. Family and medical leave policy. A. General provisions. It is the policy of the County to grant up to twelve (12) weeks of family and medical leave during any rolling twelve-month period to eligible employees, in accordance with the Family and Medical Leave Act of 1993 (FMLA). The County will grant up to twenty-six (26) weeks of family and medical leave to eligible employees to care for a covered service member with a serious injury or illness. The leave may be paid, unpaid; or a combination of paid and unpaid, depending on the circumstances and as specified in this Article B. Eligibility. In order toTo qualify to take family and medical leave under this policy, the employee must meet all of the following conditions. 1. The employee must have worked for the County , at least twelve (12) months, or fifty-two (52) weeks, which need not have been consecutive. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week. 2. The employee must have worked at least one thousand two hundred fifty (1,250) hours during the twelve month period months immediately before the date when the leave would begin. C. In order to qualify as FMLA leave under this policy, the employee must be taking the leave for one (1) of the reasons listed below. 1. The birth of a child and in order to care for that child. 2. The placement of a child for adoption or foster care. 3. To care for a spouse, child., or parent with a serious health condition. 4. The serious health condition of the employee which makes the employee unable to perform the functions of the employee's position. 5. Because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on acti,a•d ty (or has been notified of an impending call or order to acti e.d ty) in support of a contingency operation. 6. To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member. D. A serious health condition is defined as an illness, injury, impairment: or physical or mental condition which requires inpatient care at a hospital, hospice, or residential medical care facility, or a condition whichthat requires continuing care by a licensed health care provider. E This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition whichthat, if left untreated, would result in a period of incapacity of more than three (3) days, would be considered a serious health condition. F Employees with questions about what illnesses are covered under this FMLA policy or under the County's sick leave policy may call the Department of Human Resources. Created: 2022-08-02 18:29:4203-25 11:30:54 [EST] (Supp. No. Page 4 of 12 G. The County will require an employee to provide a doctor's certification of the serious health condition. The certification process is outlined in Subsection N. H. Except for eligible employees taking leave to care for a covered service member, an eligible employee can take up to twelve (12) weeks of leave under this policy during any twelve month period. months. Eligible employees can take up to twenty-six (26) weeks of leave to care for a covered service member measured forward from the first date the employee takes leave for that purpose. If a husband and wife both work for the County and each wisheswish to take leave for the birth of a child, adoption or placement of a child in foster care with the employee, or to care for a child or parent with a serious health condition, the husband and wife may only take a total of twelve (12) weeks of leave. For the purposes of the FMLA, the employee's child must be under the age of eighteen (18), or, if older, there must be medical certification showing the child is disabled. J. Employee status and benefits during leave. 1. While an employee is on leave, the County will continue the employee's vacation and sick leave accruals and health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. 2 Under current County policy, the employee pays a portion of the health care premium. While on paid leave, the employer will continue to make payroll deductions to collect the employee's share of the premium. While on unpaid leave, the employee must continue to make this payment, either in person or by mail. The payment must be received i-icthy the Human Resources Department by the end of each month. If the payment is more than thirty (30) days late, the employee's health care coverage may be dropped for the duration of the leave. 3. If the employee contributes to a life insurance plan, the employer will continue making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave, the employee must continue to make those payments, along with the health care payments. If the employee does not continue these payments, the County may discontinue coverage during the leave period or will recover the payments at the end of the leave period in a manner consistent with the law. K Employee status after leave. 1. An employee who takes leave under this policy will be able to return to the same job or a job with equivalent status, pay, benefits, and other employment terms. The position will be the same or one (1) which entails substantially equivalent skill, effort, responsibility, and authority. 2. Medical certification that the employee is able to return to work may be required. 3 The County may choose to exempt certain highly compensated employees from the requirement and not return them to the same or similar position. L. Use of paid and unpaid leave. 1. If the employee has accrued paid leave, the employee must use applicable paid leave first up to thirty (30) days and then take the remainder of the twelve (12) weeks as unpaid leave, unless qualified for Short -Term Disability. 2. An employee who is taking leave because of the employee's own serious health condition or the serious health condition of a family member must use all accrued paid sick leave before they become eligible for Short Term Disability. If the employee does not have enough sick leave to cover the thirty (30) -day waiting period for Short Term Disability, then the employee will be required to use any comp time and vacation leave or other earned leave prior tobefore being eligible for unpaid leave. Unpaid leave will need to be used if all accrued/earned time has been exhausted and, if they have not been out for thirty (30) days, the waiting period for Short Term Disability. Once their sick time has been Created: 2022-08-02 18:29:4203-25 11:30:54 [EST] (Supp. No. X76) Page 5 of 12 exhausted and the thirty (30) -day waiting period has expired an employee may be eligible for Short Term Disability. If eligible, the employee will no longer use their vacation, comp time or other earned leave benefits as Short Term Disability will begin paying their benefit. 3. An employee taking leave for the birth of a child must use paid sick leave for physical recovery following childbirth. After the recovery period or child bi-rthfrom childbirth, an employee is no longer considered to be on leave for their own serious health condition. The employee must then use all applicable accrued paid leave and then will be eligible for unpaid leave for the remainder of the approved FMLA, not to exceed twelve (12) weeks. 4. An employee who is taking leave for the adoption care or foster care of a child must use all paid vacation leave, qualifying sick leave, personal leave, and comp time prior to being eligible for unpaid family leave. Care leave for adoption, birth, or foster care expires twelve (12) months from the date of the birth or placement. M Intermittent leave or a reduced work schedule. 1. The employee may take FMLA leave in twelve (12) consecutive weeks, intermittently (taken periodically and only if approved by the Department of Human Resources working with the Department Head or Elected Official for cases of parental bonding) under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced -hour schedule, or any combination therein. In all cases, the FMLA leave may not exceed a total of twelve (12) weeks over a rolling twelve-month period. 2. When an employee is using foreseeable intermittent leave, the County may require the employee to transfer temporarily to an available alternative position with equivalent pay and benefits. 3 For the birth, adoption or foster care of a child, the County, and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced -hour schedule. Leave for birth, adoption or foster care of a child must be taken within one (1) year of the birth or placement of the child. 4 If the employee is taking leave for a serious health condition or because of the serious health condition of a family member, the employee must reach an agreement with the County before taking intermittent leave or working a reduced -hour schedule. If this is not possible, the employee must prove that the use of the leave is medically necessary. The County may require certification of the medical necessity, as discussed in Subsection N. N Certification of the serious health condition. 1. The County will ask for certification of the serious health condition. The employee must respond to such a request within fifteen (15) days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. 2. Certification of the serious health condition shall include the date when the condition began, its expected duration and diagnosis, and a brief statement of treatment. For medical leave for the employee's own medical condition, the certification must also include a statement that the employee is unable to perform the essential functions of the employee's position. For a seriously ill family member, the certification must include a statement that the patient requires assistance and that the employee's presence would be beneficial or desirable. 3 If the employee plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment and a statement of medical necessity for taking intermittent leave or working a reduced schedule. 4. The County has the right to ask for a second opinion. The County will pay for the employee to get a certification from a second doctor, which the County will select. Created: 2022-08-02-18+29:4203-25 11:30:54 [EST] (Supp. No. 7876) Page 6 of 12 5 If necessary to resolve a conflict between the original certification and the second opinion, the County will require the opinion of a third doctor. The County and the employee will jointly select the third doctor, and the County will pay for the opinion. This third opinion will be considered final. O Procedure for requesting leave. 1. Except where leave is not foreseeable, all employees requesting leave under this policy must submit the request, to the responsible FMLA administrative vendor. The FMLA administrative vendor will work with the Department of Human Resources if the employee is eligible to return to work with the restrictions or accommodation requests submitted. The Department of Human Resources will work with the Department Head/Elected Official on these requests. ONLY the Department Head/Elected Official may approve requests for accommodations for their departments. 2. When an employee plans to take leave under this policy, the employee must give the County thirty (30) days' notice. If it is not possible to give thirty (30) days' notice, the employee must give as much notice as is practicable. An employee undergoing planned medical treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to the County's operations. 3. If an employee fails to provide thirty (33) days' notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least thirty (30) days from the date the employer receives the notice. 4. While on leave, employees are requested to report periodically to the Department of Human Resources regarding the status of ft medical condition and their intent to return to work. P Covered service member means a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status1 or is otherwise on the temporary disability retrieciretired list for a serious injury or illness incurred in the line of duty on active duty. Q. Qualifying exigency leave means: 1. Receiving notice of deployment less than seven (7) days prior to deployment. This qualifying exigency lasts no more than seven (7) days. 2 Military events and related activities. 3. To arrange for alternate childcare and school activities as necessitated by actity or call to active duty status. 4. To make financial or legal arrangements as necessitated by acti e -d ty or call to active _duty status. 5. To attend counseling provided by someone other than a health care provider for oneself, for the covered military member, or for the biological, adopted, or foster child, a stepchild, or legal ward of the covered military member, provided that the need for counseling arises from the active duty or call to active -duty status of a covered military member. 6 To spend time with a covered military member who is on short-term, temporary rest and recuperation leave during the period of deployment. This qualifying exigency lasts no more than five (5) consecutive days for each instance of deployment. 7 To attend arrival ceremonies, reintegra pion briefings -and, events, and any other official ceremony or program sponsored by the military for a period of ninety (90) days following the termination of the covered military member's active _duty status. 8 To address issues that arise from the death of a covered military member while on active -duty status, such as meeting and recovering the body of the covered military member and making funeral arrangements. Created: 2022-08-02 18:29:4203-25 11:30:54 [EST] (Supp. No. 7876) Page 7 of 12 R. Covered military member means the employee's spouse, son, daughter, or parent on active duty or call to active -duty status. Employees are eligible to take FMLA leave because of a qualifying exigency when the covered military member is on active duty or call to active -duty status in support of a contingency operation as either a member of the reserve components (Army National Guard of the United States, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard of the United States, Air Force Reserve and Coast Guard Reserve) or a retired member of the Regular Armed Forces or Reserve. An employee whose family member is on active duty or call to active -duty status in support of a contingency operation as a member of the Regular Armedorces is not eligible to take leave because of a qualifying exigency. S. Employees who need to apply for FMLA coverage must contact the FMLA vendor to obtain the necessary forms. Employees are responsible for having a medical certification completed by their provider and returned directly to the FMLA vendor by the due date. If the medical certification form is not received by the deadline, there may be a delay in the commencement of leave until certification is received or the FMLA vendor may deny the request. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2007- 4; Weld County Code Ordinance 2009-1; Weld County Code Ordinance 2010-8 ; Weld County Code Ordinance 2012-8 ; Weld County Code Ordinance 2014-12 ; Weld County Code Ordinance 2017-07 ; Weld County Code Ordinance 2018-08 ) Sec. 3-6-60. Personal leave. Personal leave is a privilege granted to regular and part time employees. Employees in their initial review period are not eligible. To be eligible for Personal Leave an employee must have a balance of forty (40) or more hours of sick time accrued. Each year a regular employee may convert sixteen (16) hours (prorated for benefit eligible part -time employees, based on Table 3.1). The method of scheduling and the timing of personal leave time is at the discretion of the elected official or department head. Because of the payroll system, personal leave days must be used by December 15 of the same year during which they are granted. Sec. 3-6-70. Holidays. A. Employees will be paid for the equivalent of eight (8) hours of Holiday Pay for each holiday recognized by the Board of County Commissioners through the procedure detailed below, with such Holiday Pay being prorated accordingly for part -time employees. All regular and part :time employees will receive paid holidays. Dates will be established annually and will be published by a resolution of the Board of County Commissioners. Recognized holidays may include the following: 1. New Year's Day. 2. Martin Luther King Day (floating). 3. President's Day. 4. Memorial Day. 5. Fourth of July. 6. Colorado Day (floating). 7. Labor Day. 8. Columbus Day (floating). 9. Veterans Day. 10. Thanksgiving Day. (Supp. No. X76) Created: 2022-08 021829÷4203-25 11:30:54 [EST] Page 8 of 12 11. Christmas Day. B. Regular employees shall consider a holiday as eight (8) hours of paid time; holiday pay will be prorated for benefit eligible part time employees based on their standard weekly hours, for example ,. part -time .75, six (6) hours; part time .50, four (4) hours. These hours may or may not correspond with the assigned work shift. To be eligible for holiday pay, an employee must be on paid status the scheduled workday before and the scheduled workday after the holiday. Employees working on an official holiday may receive a day off in lieu of the official holiday or may be paid straight time for working on the holiday. No employee assigned to shift work shall receive a greater or a lesser number of holidays in any calendar year than employees regularly assigned to work during the normal workweek. C. A day proclaimed a day of national/state mourning or celebration shall be treated the same as a holiday described in Subsection B above. D The Board of County Commissioners hereby reserves to itself the authority to establish legal holidays for all County offices. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2010-8 ; Weld County Code Ordinance 2015- 18 ; Weld County Code Ordinance 2016-08 ; Weld County Code Ordinance 2019-07 ) 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 twenty-four (24) hours (prorated for benefit eligible part time employees, based on Table 3.1). 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-law, sister- in-law, brother-in-law, grandparent, spouse's grandparent, step -grandparent, grandchild, step -grandchild, foster parent, foster child;, and guardian. Sec. 3-6-90. Leave of absence without pay 4Not to include FMLA leave or military leave). A. An employee's status with respect to benefits during leave of absence shall be as follows: 1. While the employee is on unpaid leave, the employee's vacation and sick leave accruals will stop. 2. While the employee is on unpaid leave, health benefits will continue at the same level and under the same conditions as if the employee had continued to work, as long as the employee pays the employee's and employer's portions of the premium. The employee must continue to make this payment, either in person or by mail. The payment must be received i-nby the Department of Accounting by the end of each month. If the payment is more than thirty (30) days late, the employee's health care coverage may be dropped for the duration of the leave. 3 If an employee is enrolled in a supplemental life insurance plan, this coverage will stop during a leave of absence. The Weld County Life Insurance Plan requires that an employee be actively working to be eligible for coverage; therefore, the County will discontinue the employee's basic life plan as well as any supplemental life coverage during the leave period. 4. If health and/or life benefits are terminated during the leave of absence due to nonpayment of the premium, the employee will be required to wait until open enrollment to re -enroll in those benefits. B The maximum length of such leave of absence will be ninety (90) days. Time taken off for other leaves of absence or any paid leave shall be included as part of the ninety -day maximum. This leave may be extended only with approval of the Board of County Commissioners and then only upon written application giving Created: 2022-08 02-18-:29:4203-25 11:30:54 [EST] (Supp. No. 7876) Page 9 of 12 compelling reasons. If an extended leave is approved, all accrued vacation will be paid out at the time of approval. Upon return from leave, an employee will have the normal waiting period for benefits to begin. If an employee does not return to work on or before the agreed -upon date or come to an agreement with management on an extension, the employee will be terminated. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2010-8 ; Weld County Code Ordinance 2012-8 ; Weld County Code Ordinance 2014-12 ; Weld County Code Ordinance 2017-07 ; Weld County Code Ordinance 2021-12 ) Sec. 3-6-100. Jury duty/witness. All employees who are required to serve as a witness in a case involving the County government or as a juror during scheduled work time is are entitled to paid leave not to exceed three (3) weeks (based on a 40 -hour week) - up to one hundred twenty (120) hours (prorated for benefit eligible part -time employees, based on Table 3.1). An employee who serves on a jury shall pay to the County all amounts received for the jury service. In order to be granted leave for jury duty, the employee must submit a copy of the summons and all forms furnished by the Clerk of the Court relative to the time of service. Mileage allowances can be retained by the employee. An employee who is subpoenaed to appear as a witness in a case unrelated to the County business must use paid leave, if available. If no paid time is available, the time off will be leave without pay. Employees must avoid situations in which they, through their voluntary actions, may be called to testify in private civil matters, wherein knowledge of confidential facts, circumstances; or opinions they have obtained in the scope and course of their work may be revealed. Sec. 3-6-110. Closure of County operations. A. In the event the County closes operations or facilities due to inclement weather or other emergencies, regular and part time employees scheduled to work will be paid the maximum of 8 hours per day, for a full day closure, reduced by actual hours worked based on an 8 -hour day. Partial days will be based on an 8:00 a.m. 5:00 p.m. workday and the number of hours operations closed, less any actual hours worked. B. An employee already on a leave of any type on a closure day shall be charged for that leave day as if County operations were normal. C An employee unable to be in attendance due to inclement weather or other emergencies when County operations and facilities are open shall be charged appropriate leave. D. An employee who normally teleworks on the day a county closure is declared should communicate with their manager to determine if they are required to continue to telework during the closure or use county closure time. E. Departments with 24 -hour operations: 1. Department Heads/Elected Officials should determine if normal staffing levels can be reduced and allow their employees to receive County Closure Hours. 2. Department Heads/Elected Officials should determine if; the staff scheduled would be at risk to travel intoto work in unsafe conditions, and if so, they should be granted County Closure Hours. 3 Staff will be paid for no more than their scheduled hours for the day, up to 8 hours a day. Department Heads/Elected Officials will need to notify the Controller of the employee's name and the specific time which has been granted for County Closure Hours. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2014-12 ; Weld County Code Ordinance 2016- 08 ; Weld County Code Ordinance 2021-12 ) Created: 2022-08-02 18:29:4203-25 11:30:54 [EST] (Su pp. No. 7876) Page 10 of 12 Sec. 3-6-120. Professional leave. Upon approval of the department head or elected official, an employee may be granted professional leave to attend professional and technical conferences, meetings and training that pertain to an employee's current or expected duties. No more than the actual time needed, plus travel time, will be granted under professional leave. Professional leave must be arranged in advance with the employee's supervisor. Sec. 3-6-130. Department head leave. Department heads do not accrue sick and vacation leave. Department heads will schedule vacation leave with their supervisors. Department heads may use up to six (6) months of leave for an illness prior to commencement of long-term disability. Any extension over the six (6) months must be approved by the Board of County Commissioners. Sec. 3-6-140. Military leave of absence. A. Any elected official, department head, or employee who is a member of the National Guard or reserve forces is entitled to receive up to 15 days (prorated for part time employees) per payroll year of military leave (MLT). B. Employees are responsible for communicating to Human Resources their need for military leave (MLT) prior to commencing this leave, to discuss benefit eligibility and coverage and/or premium payments. As soon as an employee comes back from their deployment the employee is again responsible for contacting Human Resources. C. If an elected official, department head or employee's military status changes from reserve to active in the time of war or other emergency as declared by proper military authority the individual shall be entitled to leave without pay until reinstated following the active service time. D Employees who serve in the armed forces reserves who must take leave from the County due to a conflict in the department work schedule and an armed forces assignment will indicate on their time sheettimesheet the leave time as military leave (MLT). This code is designated as unpaid leave; however, upon return the elected official, department head, or employee may submit their LES (Leave and Earnings Statement) to the Accounting Department to receive differential pay. E. Upon returning to work from training there are two (2) options the elected official, department head, or employee may choose regarding pay: 1. Keep military pay without differential pay. If this option is chosen there is no additional action needed. 2. Keep pay and receive the differential pay. If this option is chosen, the LES must be turned into the Accounting Department within 30 days of your return. F Leave of absence for extended military orders (deployment), elected official, department head, or employee will be placed on leave of absence at the start of the pay period following the order. G. An employee's status with respect to benefits during a military leave of absence shall be as follows: 1. While the employee is on unpaid military leave, the employee will continue to earn vacation and sick leave for up to twelve (12) weeks. 2 While the employee is on unpaid leave for their military service, health benefits will continue at the same level and under the same conditions as if the employee had continued to work. An employee who is out for twelve (12) weeks or less will need to reimburse the County for the employee portion of their premium. If an employee is out for longer than twelve (12) weeks, they will need to pay the Created: 2022-08-02 18:29:4203-25 11:30:54 [EST] (Supp. No. 7876) Page 11 of 12 e mployee and employer's portion of their health premium. The employee must continue to make this payment, either in person or by mail. The payment must be received inby the Human Resources Department by the end of each month. If the payment is more than thirty (30) days late, the e mployee's health care coverage shall be dropped for the duration of the leave. 3. If an employee is enrolled in a supplemental life insurance plan, this coverage will stop during a leave of absence. The County will discontinue the employee's basic life plan as well as any supplemental life coverage during the military leave of absence. This coverage will stop the first pay period after the e mployee starts their Leave of Absence. 4 If any health benefits are terminated during the leave of absence due to nonpayment of the premium, the employee's coverage will lapse. Once an employee returns from their military leave of absence, these benefits may be reinstated immediately. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld County Code Ordinance 2012-8 ; Weld County Code Ordinance 2015-18 ; Weld County Code Ordinance 2016-08 ; Weld County Code Ordinance 2021-12 ) Sec. 3-6-150. Clinic time. A. Paid "clinic time" will be allotted to County employees who are enrolled in a County Health Plan ("eligible employees") to use for visits to the Weld County Employee Medical Clinic ("the clinic"). Eligible employees will be allotted a certain number of paid visits to the clinic during scheduled work hours, per calendar year, for personal healthcare, instead of being required to use their accrued leave. There is a maximum of three (3) hours allowed per visit. Employees attending appointments at the clinic with dependents will be required to use applicable accrued leave or schedule the visit during nonworking hours. Eligible employees will be allotted paid time for visits to the clinic. An annual allotment of paid visits for each eligible employee will be made in December of each year for use during the subsequent year. The employee can contact the Department of Human Resources for the current annual allotment of paid visits. B. Use of clinic time will be tracked by the eligible employee in PeopleSoft's Time and Labor System. After an eligible employee exhausts his or her annual allotment of paid visits, any subsequent visit to the Clinic during working hours shall be considered sick leave. If the employee has no sick leave or other applicable accrued leave, then leave without pay is to be used, if approved by the supervisor. Unused visits will expire on December 31 of each year and will not be carried over into the next year. Employees are encouraged to visit the clinic anytime during nonworking hours. It is the employee's responsibility to enter their Clinic Time to their timesheet, and the supervisor's responsibility to track this time. (Weld County Code Ordinance 2010-8 Weld County Code Ordinance 2012-8 ; Weld County Code Ordinance 2014- 12) Created: 2022-08-02 4&:2x9:4203-25 11:30:54 [EST] (Supp. No. 7876) Page 12 of 12 Hello