HomeMy WebLinkAbout20201002.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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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.
B. Except as described above, this policy covers all employees who have worked for the County
for at least 30 days.
2020-1002
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.
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.
Read and Approved: March 30, 2020
Published: April 3, 2020, in the Greeley Tribune
Effective: March 30, 2020
Affidavit of Publication
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EMERGENCY CODE ORDINANCE 2mA-1
MEEROWENtSCHAPtma REPEALING MO RESOUECES, of THE
BE IOOR COUNTY Y THE BOARD OF COUNTY -OMAN IEt
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STATE OF COLORADO
County of Weld,
I Cynthia R. Bird
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
SS.
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
contained in the
Third day of April A.D. 2020 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Third day of April A.D. 2020 has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of March
3,1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
April 3, 2020
Total Charges: $43.08
3rd day of April 2020
My Commission Expires 02/19/2023
Notary Public
JERILYN L MARTINEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20074006708
MY COMMISSION EXPIRES FEBRUARY 19, 2023
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