HomeMy WebLinkAbout20172660CHAPTER 3 - Human Resources
(Weld County Code Ordinance 2003-4)
Sec. 3-2-40. - Promotions/transfers.
A. Promotions and transfers may be given to employees for the purpose of better utilizing the abilities of County
employees. The County is interested in employee development and encourages all employees to prepare for
advancement to higher positions.
B. Promotions and transfers from within the County are made when appropriate. County employees are encouraged to
apply for vacancies for which they are qualified by completing a Transfer Request Form and athe Weld County
Employment Application. County employees who meet the position criteria may be selected for interview for the
position. All requests for transfer should be channeled through the employee's supervisor to the department head or
elected official and then to the Department of Human Resources. Department heads and elected officials have the
discretion to promote individuals within their departments based on performance and/or qualifications without
advertising a position or without conducting interviews.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4)
2017-2660
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Sec. 3-2-110. - Benefit table.
Table 3.3 describes benefits by employee type for County employees:
Table 3.3
Benefit Table by Employee Type
Step Progressio
...............................
Health
Insurance
ns_urance
ife Insurance
RetiretentNan
Grievance Rights Yes
Full -Time
Regular
easona
Part -Time 20-39 Temporary or less than 20 Working Retiree 20-38
hours/week hours/week ; hours/week
Yes
No
No
No
No
Yes
*Yes
*Yes
**No
*Yes
Yes
Yes
No
Yes
No
No
No
Yes I No
Yes
No
N o
Yes
N o No
Yes
N o
*Yes
N o
*Yes
acation Leave Yes
Holiday Pay
Yes
N o
*Yes
No
*Yes
No
*Yes
No
*Yes
Yes
N o
*Yes No
Yes l No
N o
*Yes
No
*Yes
No *Yes
No No
Prorated. An employee must consistently work 20 hours or more per week to receive a prorated health
insurance benefit.
** Temporary part time employees working 30-39 hours are eligible for health insurance.
+All employees of the Department of Public Health and Environment will be members of PERA.
Working after retirement employees must refer to their employment contracts for explanation of benefit eligibility.
1
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(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2008-6; Weld County Code Ordinance
2010-8 ; Weld County Code Ordinance 2014-12 ; Weld County Code Ordinance 2016-08 )
ARTICLE VI - Leave Time Benefits
Sec. 3-6-05. - Leave restriction.
Employee Leave Benefits are not an entitlement; they are a privilege to be earned and can be changed or revoked by the
County.
With the exception of FMLA/ADA purposes, aAn employee may not have more than six (6) months of combined paid or
unpaid leave during any twelve-month period 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.
(Weld County Code Ordinance 2012-8 )
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 the
first six (6) full pay periods, employees eligible for vacation accrual will be awarded earned vacation hours. Successful
completion means that the employee meets or exceeds appraisal standards on the employee's six-month performance
appraisal. Employees may schedule vacation leave after the successful completion of the first six (6) full pay periods.
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 work requirements of the
department. Scheduled vacations may be canceled at any time for any reason by the department head or elected
official. Annual vacation is earned according to length of County service as shown on Table 3.4. Accrued vacation
hours must be earned prior to being available to the employee.
Table 3.4
Annual Vacation Accrual
Continuous Years of County
Service
Hours Accrued
Monthly
Part Time Accrual (based on
weekly hours)
Retired With Benefits
Accrual
.50
.75
.50
.75
.85
.95
Under 5
5 through 9
10 through 19
20
8
10
12
4
6
4
6
6.8
7.6
5
7.5
5
7.5
8.5
9.5
6
13.33 6.5
9
6
9
10.2
11.4
10 i 6.5 10 11.33
12.66
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C. An employee cannot accumulate in excess of 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 a termination. The last day worked
will be considered the termination date, with the exception of retiring employees. Earned but unused vacation will be
payable upon termination of employment. The County will not pay out earned vacation time in lieu of taking the time
prior to termination of employment.
D. 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.
E. 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 )
Sec. 3-6-20. - Sick leave.
A. Sick leave is not a right. It is a privilege given to 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, surgical, dental or optical examinations 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 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 a 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
Medical Leave Act (FMLA), (spouse, child or parent) who are ill, may use a maximum of forty (40) hours total per
calendar payroll year of accumulated sick leave. (Prorated for part time employees, based on Table 3.1) 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.
4. Sick leave during, and as the apparent result of, a pandemic health emergency which 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 forth in this Article, except for modification as detailed in the rules set forth in Subsections E and F below
B. All regular and job -share employees are eligible for sick leave after one (1) full pay period of employment. Sick leave
is accrued from date of hire. The accrual rate is shown on Table 3.5:
Table 3.5
Sick Leave Accrual Rates
Sick Accrual
Regular Employee
Part Time .75
Part Time .50
Retired with Benefits .50
Hours Accrued Monthly
8
6
4
4
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Retired with Benefits .75
Retired with Benefits .85
Retired with Benefits .95
6
6.8
7.6
C. For employees hired prior to January 1, 1985, accumulated sick leave is payable upon termination at
one-half ('/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 prior
to the employee's regular starting time. Failure to report may be considered cause for denial of paid sick leave
for the period of absence unless the employee furnishes an acceptable explanation. Not calling in and
obtaining an approved absence for three (3) days is considered abandonment of job and may result in
termination.
E. Employees who are entitled and have earned sick time, may use this time on their normally scheduled work
days. 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.
EF. 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 sick leave or may result in 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 the serious health condition occurs during, and is the apparent
result of, a pandemic health emergency which has been declared by the County Health Officer.
FG. All employees who are eligible to accrue sick leave are authorized five (5) sick leave occurrences in any
rolling twelve-month period. A sick leave occurrence is defined as a minimum of one (1) sick leave day
(standard work day is eight [8] hours), a number of consecutive sick leave days taken at any one (1) time or
a combination of hours equaling one (1) sick day (prorated for standard hours worked in a day up to eight [8]
hours). Employees who exceed the five (5) occurrences are subject to disciplinary action, including but not
limited to the revocation of all sick leave privileges as set forth in this Section, suspension, leave without pay
and/or termination. Sick leave which occurs during, and as the apparent result of, a pandemic health
emergency which has been declared by the County Health Officer shall not be considered as a sick leave
occurrence pursuant to this Subsection.
GH. 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.
I. An employee who calls in sick when scheduled for mandatory overtime will be able to use their sick time, the sick time
will count as an occurrence and possibly lead to disciplinary action.
HJ. An employee cannot accumulate in excess of four hundred eighty (480) hours of sick leave (prorated for
benefit eligible part time employees).
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(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 )
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 to 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 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 active duty (or has been notified of an impending call or order to active duty) 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 which 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 which, 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.
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. 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.
I If a husband and wife both work for the County and each wishes 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
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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. If the employee chooses not to return to work for reasons other than a continued serious health condition, the
County will require the employee to reimburse the County the amount it paid for the employee's health insurance
premium during the leave period. An employee must return for at least thirty (30) days to be considered to have
returned unless the employee retires following leave.
3. 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 in 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.
4. 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 30 days and then
take the remainder of any approved FMLA leave the twelve (12) weeks as unpaid leave without pay; however, an
employee may still receive a portion of pay, if eligible and qualifies unless qualified for the Short TermShort-Term
Disability benefit.
2. a. AR regular, benefited employee who is taking leave because of the employee's own serious health condition
will qualify and become eligible for Short -Term Disability after exhausting all accrued sick leave or on the 31st
calendar day of continuous leave, whichever occurs latter. or the serious h
must use au accrued paid vacation sick leave before they become eligible for Short Term Disability. If the
employee does not have enough sick leave to cover the 30 day30-day waiting period for Short --Term Disability,
then the employee will be required to use any; comp time,_ -a -n -d qualifying sickvacation leave or other earned leave
prior to being permitted to code time as leave without pay • . Once eligible for Short -Term
Disability, the employee will no longer be required to use their vacation, comp time or other earned leave benefits,
as Short -Term Disability will begin as their paid benefit, and the time while on Short -Term Disability is to be coded
as leave without pay.
b. An employee who is taking leave because of a serious health condition for the employee's family member will
not qualify an employee for Short -Term DisabilityrAMil]. Under the County's sick leave policy, the limit of paid sick
leave to care for family members is a maximum of forty (40) hours total per payroll year. After which time leave
without pay is to be used once it all other accrued/earned time has been exhausted first,
regardless if there is still a sick balance.
Term Disability.
comp time or other earned leave benefits as Short Term Disability will begin paying their benefit.
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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 for child birth, 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, may use the leave intermittently (taken a
day periodically and only if agreed upon approved by the Department of Human Resources working with the
Department Head or Elected Official for cases of parental bonding) when needed over the year) ei-under certain
circumstances, may use the leaves...Jo 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 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.
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,
in writing, to the responsible FMLA administrative vendor, presently their immediate supervisor and the
Department of Human ResourcesSun Life Insurance. The supervisor will forward a copy to the Department of
Human Resources. The FMLA administrative vendor Sun Life will work with the Department of Human Resources
if the employee is eligible to return to work with restrictions or accommodation requests have been submitted.
The Department of Human Resources will work with the Department Head/Elected Official on these requests.
ONLY the Department Head/Elected Official are able to may approve requests for accommodations for their
departments.
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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 (30) 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 notice.
4. While on leave, employees are requested to report periodically to the County Department of Human Resources
regarding the status of the 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 status or is
otherwise on the temporary disability retried 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 active duty or call to active duty status.
4. To make financial or legal arrangements as necessitated by active duty 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, reintegration 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.
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 Armed Forces 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 )
Sec. 3-6-60. - Personal leave.
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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, with supervisory approval, 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.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2015-18 ; Weld County Code Ordinance
2016-08 )
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 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.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2014-12 Weld County Code Ordinance
2015-18 ; Weld County Code Ordinance 2016-08)
Sec. 3-6-90. - Leave of absence without pay — (not to include FM LA 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 in 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 compelling reasons. If an extended
leave is approved, all accrued vacation will be paid out at the time of approval. Upon return from the 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 )
ARTICLE VII - Wages and Hours
Sec. 3-7-20. - Employee classification.
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All County employees will be classified as exempt or nonexempt from overtime provisions. Each department head or
elected official shall prepare a schedule designating the hours each employee in his or her department shall work, as well
as the established workweek for the department. Work by an employee at times other than those scheduled shall be
approved in advance by the department head or elected official or, in cases of unforeseen emergency, shall be approved
by the department head or elected official after the emergency work is performed.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14)
Sec. 3-7-30. - Compensation for overtime.
A. All nonexempt employees, with the exception of public safety employees as classified in accordance with the FLSA,
who work more than forty (40) hours in their established workweek will be compensated at one and one-half (1%) times
their regular rate.
B. All overtime will be approved by the department head or elected official in advance, except in emergency situations.
C. All nonexempt employees are required to enter their time into PeopleSoft's Time and Labor system for each pay period.
Exempt employees are responsible for entering their "nonworking" time into this system (i.e. vacation, sick, personal,
etc.) Pay cycles may vary but County pay periods will remain the 16th of the month through the 15th of the next month
and payable on the last working day of the month. These records will be retained for a period of three (3) years.
D. Compensatory time may be given in lieu of pay with the approval of the department head or elected official. If
compensatory time is approved by the department head or elected official, the employee must sign an agreement
annually. These agreements may be changed only during open enrollment, or at the end of the fiscal year.
E. Exempt employees receive a salary to compensate them for the performance of all their duties performed and time
worked. These employees, as classified in accordance with the FLSA, do not receive overtime.
F. Nonexempt employees, except public safety employees as classified in accordance with the Federal FLSA, accrue
overtime at the rate of one and one-half (11/2) times for all time worked over forty (40) hours in a normal workweek.
Nonexempt employees will be paid earned overtime based upon the final hours for the current pay period as shown
on the earning time sheet.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld County Code Ordinance
2010-8 )
Sec. 3-7-70. - Compensatory time off.
Compensatory time off (comp time) in lieu of overtime may be given if there is an understanding between the County
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 Department of Human Resources.
If an employee is eligible for comp time and is promoted to a different position, the employee will be paid out all earned
comp time at the rate of pay prior to their promotion.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4)
ARTICLE VIII - Health and Safety
Sec. 3-8-30. - Communicable disease policy.
A. The County strives to be in compliance with all equal opportunity laws, including those involving
persons with disabilities. The County is committed to providing fair and equal employment
opportunities for all individuals, including those who have been exposed to communicable and/or
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transmittable diseases. The County is also committed to providing a safe workplace for all employees
and a safe environment for the public.
B. All medical information gained by the County about the health status of an employee, including the
identity of an employee affected by a communicable disease, shall be confidential. County employees
will refrain from releasing any information pertaining to a person diagnosed as having a serious medical
illness. Knowledge of any person so affected will be confined to those persons with a direct need to
know[cH21.
C. In cases involving a communicable disease, determination of safety in the workplace will be made based
on current and well-informed medical judgments concerning the disease, the risks of transmitting the
illness to others, and the symptoms and special circumstances of each individual. Guidance from the
Public Health Officer will be taken into account. The County reserves the right to exclude a person with
a communicable disease from County facilities, programs, and functions if the County finds that, based
on a medical determination, such restriction is necessary for the welfare of the person who has the
communicable disease and/or the welfare of others within the workplace. If a determination is made by
the County, after consultation with the Public Health Officer, that a medical condition poses little or no
threat to health and safety in the workplace setting, the County is not obligated to make any special
accommodations for an employee who refuses to work with an affected co-worker or the public.
Employees who refuse to work with an affected co-worker or the public may be disciplined up to, and
including, termination.
D. The incidence of serious or life -threatening illnesses that are readily transmissible during interaction in
the workplace is low. However, because the presence of a serious disease that is transmitted by airborne
droplets (for instance, active TB and measles) or other modes of transmission can pose a threat to the
health and safety of employees or the public, the following responsibilities apply to affected employees,
their supervisors, department heads, elected officials, the Department of Human Resources, and the
Public Health Officer.
1. Employee responsibilities: An employee with a serious, easily transmissible disease, such as active
TB or measles, has the responsibility to remove himself or herself from the workplace until the
employee is no longer infectious. The infectiousness of the employee shall be determined by a
medical professional. The employee is required to inform the Department of Human Resources of
this communicable disease upon diagnosis or suspicion of diagnosis. If the affected employee is
unsure whether his or her illness meets this criteria, he or she is responsible for verifying with the
Department of Human Resources. The employee is not required to inform his or her supervisor of
this illness. The employee may also be required by the County to obtain a medical certification
that he or she does not represent a threat to coworkers or the public prior to being permitted to
return to work.
2. Supervisor responsibilities: Supervisors shall not reveal the identity or the presence of an affected
employee to anyone other than the Department of Human Resources.
3. Department head and elected official responsibilities: A department head or elected official who is
told of the presence of an affected employee in his or her department shall not reveal the identity
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or the presence of an affected employee to anyone other than the Department of Human Resources
and/or the Public Health Officer so that appropriate contact follow-up can be started.
4. Department of Human Resources responsibilities: Once informed of the disease, The Department
of Human Resources shall provide details of the situation including the name of the affected
employee to the Public Health Officer to determine the threat level to coworkers and the public.
5. Public Health Officer responsibilities: The Public Health Officer will assess the situation and
determine whether the coworkers or members of the public could have been exposed to the
infectious agent in the workplace and take steps to minimize the risk of disease transmission. The
Public Health Officer and his or her public health team will be available to answer any questions
regarding communicable diseases.
E. Serious or life -threatening illnesses that are caused by blood -borne or sexually transmitted infectious
agents are not readily transmissible through interaction in the workplace. These conditions, including
AIDS and Hepatitis C, are transmitted by blood contamination from the bloodstream of one (1) person to
the bloodstream of another and by intimate sexual contact. The following responsibilities apply to
affected employees, their supervisors, department heads and elected officials.
1. Employee responsibilities: Employees infected with blood -borne or sexually transmitted infectious
agents such as HIV or Hepatitis C do not pose a threat to the health and safety of employees in the
workplace. Therefore, they are not required to remove themselves from the workplace or tell their
supervisor about their condition.
2. Supervisor responsibilities: Supervisors who find out about such a condition by voluntary
disclosure or suspect the presence of such a condition shall not reveal the identity or presence of
an affected employee.
3. Department head and elected official responsibilities: Department heads or elected officials who
find out about such a condition by voluntary disclosure or disclosure from a supervisor, or suspect
the presence of such a condition, shall not reveal the identity or presence of an affected employee,
even anonymously, to any County employee or other individual, except:
a. Department heads and elected officials shall contact the Public Health Officer to gather
information about specific concerns or educational needs in their departments and
information on support services or referrals. The Department head or elected official will not
reveal the identity of the employee to the Public Health Officer.
b. Department heads and elected officials shall consult the Department of Human Resources to
gather information about personnel decisions. The department head or elected official will not
reveal the identity of the affected employee to the Department of Human Resources unless the
employee specifically consents to such identification.
F. When a communicable disease affects the health of an employee to the point where his or her job
performance suffers, personnel decisions will be made on the same basis as they would when other
serious health problems come to the attention of the supervisor, department head or elected official.
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G. The County realizes that certain employees, as a result of their job, are at risk concerning exposure to
the HIV, Hepatitis B virus (HBV) and other blood -borne pathogens. The County has chosen to set up
guidelines that conform to the OSHA guidelines.
H. It is the intent of the County to employ universal precautions for exposures, meaning that all human
blood and certain body fluids are considered potentially infectious. All departments must report any
possible exposure to the Department of Human Resources using the procedures outlined elsewhere for
workers' compensation reporting. In addition, the departments shall immediately telephone the
Department of Human Resources on possible exposures so instructions can be given on medical
procedures to follow.
I. The following departments have comprehensive plans specific to their departments on file with the
Department of Human Resources: Department of Public Health and Environment, Sheriffs Office and
Coroner's Office. Comprehensive plans include the following criteria.
1. Exposure determination.
a. A list of all job classifications in which all or some of the employees have occupational
exposure.
b. A list of all tasks and procedures in which occupational exposure occurs and that are
performed by employees.
2. Plan documentation. Plans should be updated at least annually and whenever necessary to reflect
new or modified tasks with occupational exposure.
a. Engineering and workplace controls.
b. Appropriate personal protective apparatus, including instructions for its use, accessibility and
maintenance.
c. Procedures for a clean and sanitary work site, including decontamination of equipment,
handling of regulated waste and handling of contaminated laundry.
d. Procedure for providing hepatitis B vaccination.
e. Procedure for post -exposure evaluation and follow-up, including workers' compensation
reporting and employee testing.
f. Procedure for record keeping.
g. Procedures for training new and current employees, including record keeping, trainer
qualifications and content.
h. Signs and labels to communicate hazards.A.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4)
Sec. 3-8-40. - Medical examinations.
A. Medical qualifications are realistic physical standards to assure that an employee is physically able to perform the
duties to the standards set by the County. All employees must meet the medical standards for their specific position.
Applicants for a position may be required to take anparticipate in initial employment post offer screenings medical
exam. An employee may be required to take a medical fit -for -duty exam as a condition of continued employment if, in
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the judgment of the department head or elected official, along with the Department of Human Resources, the
employee's health appears to be adversely impacting job performance, the assigned duties could be detrimental to the
health of the employee or the medical exam or screening is required by state or federal law.
The Department of Human Resources will schedule the medical examinationthe fit -for -duties and screenings as soon
as possible once requested by the department head or elected official. An employee may be placed on administrative
paid leave pending the medical examination -results. These exams or screenings
requested by the County will be paid for by the County. The CountyDepartment of Human Resources will receive the
results of the 1 rnish tie employee a copy upon request.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4)
• Sec. 3-9-20. - Seminars and conferences.
A
If an employee is requested by the County to attend a workshop, seminar, conference or other educational training
program, the employee will be reimbursed for the entire cost which includes registration fees, lodging, meals and
transportation. Claims for reimbursement should be made in accordance with the policies outlined in Chapter 5, Article
IV of this Code.
B.
Compensatory time while attending or traveling to a workshop, seminar, conference or other educational training
program will be paid according to federal regulations. In the event a department has insufficient budgeted dollars for
certain seminars or conferences, the employee and department may negotiate a sharing of the cost of the seminar or
conference if agreeable to both the employee and department head or elected official.
(Weld County Code Ordinance 2003-4)
ARTICLE X - Pay Practices
Sec. 3-10-70. - Position audit and reclassification.
A. The purpose of the position audits and reclassifications is to ensure consistency of pay structure and to provide
consistent procedure for studying and evaluating positions in the County for the purpose of upgrading or downgrading
those positions. Position audits for classification will only be a part of the annual budget process and will be considered
annually along with other departmental requests, except for a position which can be audited as a result of it being
vacated by an employee termination.
B. A department head or elected official may request a special audit if one (1) has not been done for a position within that
department for at least one (1) year. A position audit is not meant to judge the performance of the employee in the
position. The purpose of the audit is to measure what the employee does.
The department head or elected official can initiate a job audit by submitting in writing to the Department of Human
Resources the justification for requesting such an audit. This request must be submitted along with the budget package.
The request should include the specific changes that have occurred and the significance of these changes.
D. If the reasons for the request are adequate, the Department of Human Resources will respond by providing the
department with a current job description and organizational chart. The department head or elected official must then
provide the following to the Department of Human Resources:
1. The job description of the position being audited, with the proposed revisions. If there are no revisions, the
department head or elected official will indicate so on the copy of the job description.
2. The organizational chart, giving the existing approved reporting inter -relationships and marking in red the
proposed changes.
3. A breakdown of the time spent on duties. For a simple example, a clerical position may be broken down as follows:
sixty percent (60%) typing, thirty percent (30%) answering the phone and ten percent (10%) spent responding to
the public.
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4. A list of the additional duties and responsibilities that have been added.
5. A description of the new programs and/or functions in the department that prompted the additional duties or
responsibilities. If the department has not added new programs and/or functions, there should be an explanation
of why the department's current position classifications are not able to accomplish the same functions under the
current classifications.
6. A specification of what inequities, if any, the department head or elected official believes may exist.
E. Upon receipt of this information, a representative from the Department of Human Resources may conduct an inquiry
into the facts related to the position. This may include interviews of the department head or elected official, supervisor
and/or employee currently in the position.
F. An analysis and recommendation to the Board of County Commissioners will then be made. The Director of Human
Resources, department head or elected official and the Director of Finance will have an opportunity to make comments
and recommendations to the Board. The Board of County Commissioners will review this information and make a
decision.
G. If any of the above parties disagree with the decision, they may request a work session with the Board. The decision
of the Board of County Commissioners at the time of the budget approval is final and may not be appealed through
any means. Any approved reclassification shall be effective on the first day of the first payroll period of the new fiscal
year and funded accordingly in the budget.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld County Code Ordinance
2014-12 )
Sec. 3-10-80. - Key elements of pay system.
The key elements of the pay system are as follows:
A. Nine (9) performance levels (entry, qualified, proficient, third -year, fifth -year, seventh -year, tenth -year, thirteenth -
year and sixteenth -year proficient). Pay for performance awards merit pay increases to the next pay step to
employees who meet or exceed the standards of performance.
B. Performance appraisals to be completed at predetermined time -frames.
(Weld County Code Ordinance 2003-4)
Sec. 3-10-90. - Pay steps. The following policy is for all employees not considered public safety (ie: Sheriff Office sworn
Detention and Patrol Deputy classifications, and, Communication Specialists classifications)
Pay steps are described as follows:
A. Step 1: Entry Step.
B. Step 2: Qualified Step. Movement to this step from the entry step requires at least six (6) months of satisfactory
performance at the entry step.
C. Step 3: Proficient Step. Movement to this step from the qualified step requires at least six (6) months of satisfactory
performance at the qualified step.
D. Step 4: Third -Year Proficient Step. Persons who have completed three (3) years in the same classification and
have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal
system. Movement to this step from the proficient step requires at least two (2) years of satisfactory performance
at the proficient step.
E. Step 5: Fifth -Year Proficient Step. Persons who have completed five (5) years in the same classification and have
demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal system.
Movement to this step from the third -year proficient step requires at least two (2) years of satisfactory performance
at the third -year proficient step.
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F. Step 6: Seventh -Year Proficient Step. Persons who have completed seven (7) years in the same classification
and have demonstrated sustained satisfactory performance at the proficient step as recorded through the
appraisal system. Movement to this step from the fifth -year proficient step requires at least two (2) years of
satisfactory performance at the fifth -year proficient step.
G. Step 7: Tenth -Year Proficient Step. Persons who have completed ten (10) years in the same classification and
have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal
system. Movement to this step from the seventh -year proficient step requires at least three (3) years of satisfactory
performance at the seventh -year proficient step.
H. Step 8. Thirteenth -Year Proficient Step. Persons who have completed thirteen (13) years in the same classification
and have demonstrated sustained satisfactory performance at the proficient step as recorded through the
appraisal system. Movement to this step from the tenth -year proficient step requires at least three (3) years of
satisfactory performance at the tenth -year proficient step.
I Step 9: Sixteenth -Year Proficient Step. Persons who have completed sixteen (16) years in the same classification
and have demonstrated sustained satisfactory performance at the proficient step as recorded through the
appraisal system. Movement to this step from the thirteenth -year proficient step requires at least three (3) years
of satisfactory performance at the thirteenth -year proficient step.
NOTE: Progression up the pay steps is not automatic. A step increase can be delayed until the employee's performance is
satisfactory, in the opinion of the department head or elected official. The above pay steps would not correspond to time in
classification if the incumbent was promoted into a higher step due to minimum five -percent increase for promotions or
initially hired at the qualified step, if a position was reclassified or if a pay step was delayed because of performance. Time
would then be determined by length of time in a pay step.
(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 )
Sec. 3-10-95. - Pay steps. The following policy is for public safety :ie: Sheriff Office sworn Detention and Patrol Deputy
classifications, and, Communication Specialists classifications;
Pay steps are described as follows:
A. Step 1: Entry Step.
B. Step 2: Qualified Step. Movement to this step from the entry step requires at least six (6) months of satisfactory
performance at the entry step.
C. Step 3: Proficient Step. Movement to this step from the qualified step requires at least six (6) months of satisfactory
performance at the qualified step
D. Step 4: Second -Year Proficient Step. Persons who have completed two (2) years in the same classification and
have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal
system. Movement to this step from the proficient step requires at least one (1) year of satisfactory performance
at the proficient step.
E. Step 5: Third -Year Proficient Step. Persons who have completed three (3) years in the same classification and
have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal
system. Movement to this step from the third -year proficient step requires at least one (1) year of satisfactory
performance at the third -year proficient step.
F. Step 6: Fourth -Year Proficient Step. Persons who have completed four (4) years in the same classification and
have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal
system. Movement to this step from the fifth -year proficient step requires at least one (1) year of satisfactory
performance at the fourth -year proficient step.
G. Step 7: Fifth -Year Proficient Step. Persons who have completed five (5) years in the same classification and have
demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal system.
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Movement to this step from the seventh -year proficient step requires at least one (1) year of satisfactory
performance at the fifth -year proficient step.
H. Step 8. Seventh -Year Proficient Step. Persons who have completed seven (7) years in the same classification
and have demonstrated sustained satisfactory performance at the proficient step as recorded through the
appraisal system. Movement to this step from the tenth -year proficient step requires at least two (2) years of
satisfactory performance at the seventh -year proficient step.
I Step 9: Ninth -Year Proficient Step. Persons who have completed nine (9) years in the same classification and
have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal
system. Movement to this step from the thirteenth -year proficient step requires at least two (2) years of satisfactory
performance at the ninth -year proficient step.
NOTE: Progression up the pay steps is not automatic. A step increase can be delayed until the employee's performance is
satisfactory, in the opinion of the department head or elected official. The above pay steps would not correspond to time in
classification if the incumbent was promoted into a higher step due to minimum five -percent increase for promotions or
initially hired at the qualified step, if a position was reclassified or if a pay step was delayed because of performance. Time
would then be determined by length of time in a pay step.
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