HomeMy WebLinkAbout20201001.tiffWELD COUNTY
EMERGENCY CODE ORDINANCE 2020-08
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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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), 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, Coroner's Office, Public Safety Communications Department, Office of
Emergency Management, Sheriff's Office, and Work Release.
PAGE 1
4579126 Pages: 1 of 4
03/31/2020 12:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIIIrdl Mt 111111
cc: cT8«G/ci-i), cargggg►wn),
FsicxoCOc to H CPR/ma) ORD2020-08
ACT 04/07 (000
2020-1001
B. Except as described above, this policy covers all employees who have worked for the County
for at least 30 days.
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 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, Coroner's Office, Public Safety Communications
Department, Office of Emergency Management, 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 or under a quarantine order or isolation order, but
not for childcare purposes.
PAGE 2
4879126 Pages: 2 of 4
03/31/2020 12:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII iiirdiMiiiilelid I'IN L' A R 'FiAll Avil iI II
2020-1001
ORD2020-08
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.
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.
PAGE 3
4379126 Pages: 3 of 4
03/31/2020 12:33 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII racimil l iimaMil wt Di Mii iot uyi,11111
2020-1001
ORD2020-08
The above and foregoing Ordinance Number 2020-08 was, on motion duly made and
seconded, adopted by the following vote on the 30th day of March, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diewo JC:L;(1
Weld County Clerk to the Board
BY:
Mike Freeman, Chair
teve ,Rreno, Pro -Tern
Sco t . James
AP
arbara Kirkmeyer
C-ou y Attorney
Date of signature: o3/3°/20
Kevin D. Ross
Read and Approved: March 30, 2020
Published: April 3, 2020, in the Greeley Tribune
Effective: March 30, 2020
PAGE 4
4579126 Pages: 4 of 4
03/31/2020 12:33 PM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County, CO
liii l�rj�4+Z� 4�C11��h �'�I�Yti I li Ii�k� 1I II1
2020-1001
ORD2020-08
EME
WELD COUNTY
ENCY C ' E ORDINANCE 2020®08
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. R - serer- d0 V11O-19 Leave Policy.
A. On March 18, 2020, PresiQent 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
olicy does not appl to employees of the following Departments or Offices: Health
Department, Coroner's Office, Public Safety Communications Department, Office of
Emergency Management, Sheriff's Office, and Work Release.
PAGE 1
2020-1001
ORD2020-08
B. Except as described above, this policy covers all employees who have worked for the County
for at least 30 days.
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 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 Ai employee who is sick may be eligible for shod 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. Em
Olovees caring for a son or daughter under aae 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, Coroner's Office, Public Safety Communications
Department, Office of Emergency Management, Sheriff's Office, and Work Release are
excluded from COVI D-19 provisions under the federal law. However, the County interprets
this exclusion to a oply 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 or under a quarantine order or isolation order, but
not for childcare purposes.
PAGE 2
2020-1001
ORD2020-08
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.
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.
PAGE 3
2020-1001
ORD2020-08
The above and foregoing Ordinance Number 2020-08 was, on motion duly made and
seconded, adopted by the following vote on the 30th day of March, 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: March 30, 2020
Published: April 3, 2020, in the Greeley Tribune
Effective: March 30, 2020
PAGE 4
2020-1001
ORD2020-08
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 nt apply to
employees of the following Departments or Offices: Health Department, Coroner's
Office, Public Safety Communications Department, Office of Emergency
Management, Sheriffs Office, and Work Release.
B) Except as described above, this policy covers all employees who have worked for
the County for at least 30 days.
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 for an
employee's COVID-19 related absence at their current rate of pay. ,/A\n
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 n t\t 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, Coroner's Office, Public Safety
Communications Department, Office of Emergency Management, 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 or under a quarantine order or isolation order, but not for
childcare purposes.
This policy shall remain in effect until the December 31, 2020.
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