The URL can be used to link to this page

Browse Search

Home My WebLink About20201088.tiffWELD COUNTY EMERGENCY CODE ORDINANCE 2020-09 El 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 emergency revision and clarification with regard to procedures, terms, and requirements therein, inasmuch as the Weld County Health Officer has issued a Declaration of Pandemic Health Emergency, pursuant to Colorado State Statutes and Section 14-10-10 of the Weld County Code; therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 3 HUMAN RESOURCES ARTICLE VI - LEAVE TIME BENEFITS Amend Sec. 3-6-40. COVID-19 Leave Policy. A. On March 18, 2020, President Trump signed the recently passed Families First Coronavirus Response Act (FFCRA), effective April 2, 2020. The FFCRA affects how the County provides sick leave for COVID-19 impacted employees and determines COVID-19 eligibility and procedures related to the Family Medical Leave Act (FMLA). These are temporary changes to sick leave policies and FMLA law during the COVID-19 event. This policy does not apply to employees of the following Departments or Offices: Health Department, Buildings and Grounds Department, Child Welfare Caseworkers, Adult Protection Caseworkers, Coroner's Office, Public Safety Communications Department, Office of Emergency Management, Public Works Department, Sheriff's Office, and Work Release. B. Except as described above, this policy covers all full and part-time employees. PAGE 1 4583939 Pages: 1 of 3 04/20/2020 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO c:c:CTBCa&(CI.1), Cacgg/Ktn), 2020-1088 F.:L(0w/ so), oCTCScrCo),ORD2020-09 11111 FIPHIVIIII II cxOCRR), HRCPR) CY-1(a31ao C. — No change. D. COVID-19 Emergency Sick Leave Rules are as follows: 1. The COVID-19 leave category allows paid leave of up to 80 hours (prorated for part-time employees) for an employee's COVID-19 related absence at their current rate of pay. An employee may use this category for his or her first 80 hours of COVID-19 related leave. After exhaustion of this COVID-19 leave category an employee who is unable to perform his or her work from home or work must use their sick leave, vacation, accrued comp time or personal leave days. If an employee is sick or caring for a sick family member, the employee may go into negative sick leave up to 160 hours. 2. and 3. — No change. E. — No change. F. As stated above, Health Department, Buildings and Grounds Department, Child Welfare Caseworkers, Adult Protection Caseworkers, Coroner's Office, Public Safety Communications Department, Office of Emergency Management, Public Works Department, Sheriff's Office, and Work Release are excluded from COVID-19 provisions under the federal law. However, the County interprets this exclusion to apply only for employees not under an isolation or quarantine order and not exhibiting possible symptoms. Meaning, mission -critical employees may access COVID-19 leave for the first 80 hours if they are sick with COVID-19 related symptoms, the sole caregiver for a dependent family member with COVID-19 symptoms, under a quarantine order or isolation order, but not for childcare purposes. Elected Officials or Department Heads of exempt departments and offices may require a note from a physician or copy of an isolation or quarantine order. This policy shall remain in effect until December 31, 2020. BE IT FURTHER ORDAINED by the Board that an emergency exists, inasmuch as the Weld County Health Officer has issued a Declaration of Pandemic Health Emergency, pursuant to Colorado Revised Statutes and Section 14-10-10 of the Weld County Code; therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. 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. PAGE 2 4583939 Pages: 2 of 3 04/20/2020 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ill r1NINIVI 'r4I k N K INN 14411INOllivii III 11 1 2020-1088 ORD2020-09 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 2020-09 was, on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddthos) jC,Ltavi Weld County Clerk to the Board iuntr Attorney Date of signature: 4 /t`t /2.O a'Y1�z3.� Mike Freeman, Chair Steve Morino, Pro -Tern Kevin D. Ross Read and Approved: April 13, 2020 Published: April 17, 2020, in the Greeley Tribune Effective: April 13, 2020 PAGE 3 4583939 Pages: 3 of 3 04/20/2020 10:44 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO WIU4t1/40:14IChhiI' 1141 4 X1111 2020-1088 ORD2020-09 WELD COUNTY EMERGENCY CODE ORDINANCE 2020-09 El IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, 7 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 emergency revision and clarification with regard to procedures, terms, and requirements therein, inasmuch as the Weld County Health Officer has issued a Declaration of Pandemic Health Emergency, pursuant to Colorado State Statutes and Section 14-10-10 of the Weld County Code; therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 3 HUMAN RESOURCES ARTICLE VI — LEAVE TIME BENEFITS Amend Sec. 3-6-40. COVID-19 Leave Policy. A. On March 18, 2020, President Trump signed the recently passed Families First Coronavirus Response Act (FFCRA), ,iii-cn-roes into -effective April 2, 2020. The FFCRA affects how the County provides sick leave for COVID-19 impacted employees and determines COVID-19 eligibility and procedures related to the Family Medical Leave Act (FMLA). These are temporary changes to sick leave policies and FMLA law during the COVID-19 event. This policy does not apply to employees of the following Departments or Offices: Health Department, Buildings and Grounds Department, Child Welfare Caseworkers, Adult Protection Caseworkers, Coroner's Office, Public Safety Communications Department, Office of Emergency Management, :public Works Department, Sheriff's Office, and Work Release. PAGE 1 2020-1088 ORD2020-09 B. Except as described above; this policy covers all full and part-time employees who have worked for the County or aiPea-szt-3-0 days. C. - No change. D. COVID-19 Emergency Sick Leave Rules are as follows: 1. The COVID-19 leave category allows paid leave of up to 80 hours (prorated for part-time employees) for an employee's COVID-19 related absence at their current rate of pay. An employee may use this category for his or her first 80 hours of COVID-19 related leave. After exhaustion of this COVID-19 leave category an employee who is unable to perform his or her work from home or work must use their sick leave, vacation, accrued comp time or personal leave days. If an employee is sick or caring for a sick family member, the employee may go into negative sick leave up to 160 hours. 2. and 3. — No change. E. — No change. F. As stated above, Health Department, Buildings and Grounds Department, Child Welfare Caseworkers, Adult Protection Caseworkers, Coroner's Office, Public Safety Communications Department, Office of Emergency Management, Public Works Department, Sheriff's Office, and Work Release are excluded from COVID-19 provisions under the federal law. However, the County interprets this exclusion to apply only for employees not under an isolation or quarantine order and not exhibiting possible symptoms. Meaning, mission -critical employees may access COVID-19 leave for the first 80 hours if they are sick with COVID-19 related symptoms, the sole caregiver for a dependent family member with COVID-19 symptoms, or under a quarantine order or isolation order, but not for childcare purposes. Elected Officials or Department Heads of exempt departments and offices may require a note from a physician or copy of an isolation or quarantine order. This policy shall remain in effect until December 31, 2020. BE IT FURTHER ORDAINED by the Board that an emergency exists, inasmuch as the Weld County Health Officer has issued a Declaration of Pandemic Health Emergency, pursuant to Colorado Revised Statutes and Section 14-10-10 of the Weld County Code; therefore, this Ordinance is declared to be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home Rule Charter. 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. PAGE 2 2020-1088 ORD2020-09 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 2020-09 was, on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Mike Freeman, Chair Weld County Clerk to the Board Steve Moreno, Pro-Tem BY: Deputy Clerk to the Board Scott K. James APPROVED AS TO FORM: Barbara Kirkmeyer County Attorney Kevin D. Ross Date of signature: Read and Approved: April 13, 2020 Published: April 17, 2020, in the Greeley Tribune Effective: April 13, 2020 PAGE 3 2020-1088 ORD2020-09 3-6-40. COVID-19 LEAVE POLICY: A) On March 18, 2020, President Trump signed the recently passed Families First Coronavirus Response Act (FFCRA), which goes into effect April 2, 2020. The FFCRA affects how the County provides sick leave for COVID-19 impacted employees and determines COVID-19 eligibility and procedures related to the Family Medical Leave Act (FMLA). These are temporary changes to sick leave policies and FMLA law during the COVID-19 event. This policy does not apply to employees of the following Departments or Offices: Health Department, Buildings and —Grounds Department, Child Welfare Caseworkers, Adult Protection Caseworkers, Coroner's Office, Public Safety Communications Department, Office of Emergency Management, Public Works Department Sheriff's Office, and Work Release. B) Except as described above, this policy covers all full and part-time employees_ h-ave-workeo "or t C) The limits on COVID-19 sick leave, FMLA and pay are set by FFCRA and will apply to any leave taken under this COVID-19 leave policy. Once those limits are exhausted, employees will need to use their own earned time for any necessary additional leave. D) COVID-19 Emergency Sick Leave Rules are as follows: 1. The COVID-19 leave category allows paid leave of up to 80 hours (prorated for part-time employees; for an employee's COVID-19 related absence at their current rate of pay. An employee may use this category for his or her first 80 hours of COVID 19 related leave. After exhaustion of this COVID-19 leave category an employee who is unable to perform his or her work from home or work must use their sick leave, vacation, accrued comp time or personal leave days. If an employee is sick or caring for a sick family member, the employee may go into negative sick leave up to 160 hours. 2. An employee who is sick may be eligible for short term disability after COVID-19 emergency sick leave expires if the employee has been completely off work for more than 30 days. 3. Employees working from home will report actual hours worked from home as regular time, and any hours under 40 hours per week not worked as COVID-19 hours up to 80 hours, and then must use their sick leave, vacation, accrued comp time or personal leave days. E) COVID-19 FMLA Rules are as follows: 1. For employees covered by this policy, FFCRA requires covered employers to provide all employees both full and part time, who have been employed by the County for at least 30 days, COVID-19 expanded family and medical leave coverage. All employees seeking to use FMLA coverage must apply for FMLA through the County's FMLA administrator with either a doctor or self -certification that specifies which COVID-19 condition applies. 2. Employees caring for a son or daughter under age 18 whose school or day care is closed or unavailable for reasons related to COVID-19 may also access FMLA protections after 30 days of being employed and have access to paid leave. This time is paid at two-thirds (66.667%) of the employee's normal rate of pay. To be eligible the employee must still apply for FMLA through the County's FMLA administrator with either a doctor or self - certification that specifies which COVID-19 condition applies. This paid time is subject to limits set by federal law. F) As stated above, Health Department, Buildings and Grounds Department, Child Welfare Caseworkers, Adult Protection Caseworkers, Coroner's Office, Public Safety Communications Department, Office of Emergency Management, Public Works Department, Sheriff's Office, and Work Release are excluded from COVID- 19 provisions under the federal law. However, the County interprets this exclusion to apply only for employees not under an isolation or quarantine order and not exhibiting possible symptoms. Meaning, mission -critical employees may access COVID-19 leave for the first 80 hours if they are sick with COVID-19 related symptoms, the sole care giver for a dependent family member with COVID-19 symptoms, maunder a quarantine order or isolation order for their own illness or as di-ect r = o cia-n, but not for childcare purposes. Elected Officials or CVs � Department Heads of exempt departments and offices may require a note from a physician or copy of an isolation or quarantine order. This policy shall remain in effect until the December 31, 2020. DOCKET NUMBER: 2020-41 HEARING DATE: April 13, 2020 TIME: 9:00 a.m. NAME AND ADDRESS: Weld County, Colorado RE: Emergency Code Ordinance 2020-09, In the Matter of Repealing and Reenacting with Amendments, Chapter 3 Human Resources, of the Weld County Code (COVID-19 Leave Policy) PUBLISH DATE: April 17, 2020, in the Greeley Tribune FILE NO.: ORD2020-09 STAFF: Patti Russell, Director, Human Resources Hello