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Home My WebLink About20162644.tiffARTICLE II - Employment Information Sec. 3-2-90. - Employee definitions. A. Initial review. New employees are on initial review status for the first twelve (12) months of employment. The initial review status may be extended beyond the first twelve (12) months at the supervisor's discretion. Upon satisfactory completion of the review period, the employee will become a regular employee. Employees on an initial review, whether for the twelve (12) months or extended initial review, may not file a grievance as described in Section 3-4-40 of this Chapter. B. Promotional/transfer review. Employees promoted or transferred into a new position will be under a review status for six (6) months. C. Special review. A department head or elected official may institute a special review period due to performance that was not up to department standards. The length of the special review period shall be at the discretion of the department head or elected official. D. Regular. A regular employee is a full-time employee who is not on an initial review or promotional/transfer review period. All personnel policies and procedures are applicable to regular employees, including grievance procedures. Regular employees may take advantage of benefits, including insurance, time off and retirement. E. Full-time. A full-time employee is an employee who is regularly scheduled to work at least forty (40) hours per week. Depending on the situation, any of the above definitions may apply to full-time employees. F. Seasonal. A seasonal employee is hourly, working forty (40) hours per week, but for only part of the year. There is no paid leave time, but seasonal, forty -hour -per -week employees may participate in the health insurance program. These employees have none of the grievance rights as described in this Chapter and may not participate in the Retirement Plan. G. Temporary. A temporary employee is paid only for the hours worked. The employee is not paid for any leave time. Temporary employees have none of the grievance rights as described in this Chapter. The employee does not participate in the Retirement Plan or in any other County benefits. H. Part-time. A part-time employee is regularly scheduled to work less than forty (40) hours per week. The part- time employee who consistently works at least twenty (20) hours per week may participate in most County benefits on a pro rata basis based on standard hours worked listed below.the health[its-and disability insurance programs. The employee has no grievance rights as described in this Chapter and may not participate in the Retirement 1'.� � � ..-1 Plan. , Re irerrmenit Plan. I. Job -share. A -job share -employee works part-time and may participate in most County benefits except retirement. Job -share -normally -means a full-time position with benefits has been split so it may -be shared -by -two (2) people. Benefits -are earned -on -a pro -rata basis based on standard hours worked. Job -share-prorated accrual rates are shown in Table 3.1. ,-- Table 3.'l Job-SharePart Time Status Normal Hours Worked Per Week 30-39 20-29 Job SharePart Time Status .75 .50 J. Special funded. An at -will position which is funded through grant or other special funding. Benefits will vary and be dependent on the funding that is provided. rage 1. K. Employee. A person who is in County service and is not working in an exempt position as defined in Section 3- 1-30k of this Chapter: (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2014-12; Weld County Code Ordinance 2015-18) Page 2 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 Full -Time Regular Share Seasonal Part -Time 20-39 hours/week Temporary or less than 20 hours/week Working Retiree 20-38 hours/week Step Progression : Yes Yes No No I lo- No J Health Insurance. Yes 1 -Yes `Yes *Yes Nb= 'Yes r Disability Insurance Yes Yea No Yes No Na Life Insurance Yes Yes No Yes No Yes j Retirement Plan + Yes Ne Nc No No: No' Sick Leave Yes 'Yes No *YesNo No *Yes Vacation Leave Yes ! `mss No *YesNe No 'Yes Holiday Pay Yes No *Yeses► No *Yes Personal Leave Yes Eyes No *YesNo No 'Yes Bereavement Leave Yes 'Yes No *YesNo Na 'Yes Grievance Rights Yes Yes No No No No Prorated. An employee must consistently work 20 hours or more per week to receive a prorated health insurance benefit. + All employees of the Department of Public Health and Environment will be members of PERA. Page 3 Working after retirement employees must refer to their employment contracts for explanation of benefit eligibility. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2008-6; Weld County Code Ordinance 2010-8; Weld County Code Ordinance 2014-12) Sec. 3-3-70. - Suspension and termination for charge with crime. A. In the event that an employee is formally charged or indicted for the commission of a crime, the department head or elected official may suspend such employee, with or without pay, pending prosecution of the offense. Unless the circumstances are such that immediate action must be taken, the department head or elected official should hold a hearing with the employee prior to a suspension without pay. If the circumstances warrant an immediate suspension without pay, the department head or elected official should hold a hearing with the employee as soon after the suspension takes effect as is practicable. The employee will be informed of the reason for the hearing and will be afforded an opportunity to respond to the charges. The hearing may be very informal, with no required prior notice. No other person besides the department head or elected official, along with a member of Human Resources if desired, -and the employee may be present at the hearing. If the department head or elected official determines, based upon the situation, that immediate disciplinary action is appropriate, a hearing as set forth in Section 3-4-10 of this Chapter may take place instead of a hearing as provided in this Section. B. If an employee is found guilty of any crime by a court or jury, the County shall immediately suspend such employee without pay until the employee's conviction shall become final at the time the employee is sentenced. Notwithstanding the criminal proceeding in which the employee is involved, the County may conduct its own internal investigation of the employee's actions and other job performance. The department head or elected official is authorized to take any appropriate discipline against the employee at any time, up to and including termination. In addition, at the time such employee's conviction is final (i.e., after a finding of guilt and sentencing by a court or other tribunal), notwithstanding any prior disciplinary action, the employee may be terminated. A deferred judgment and sentence upon a plea of guilty or nolo contendere shall be deemed to be a final conviction at the time the employee enters the plea and such plea is accepted by the Court. C. During the period of time that the employee is suspended with or without pay, the employee is required to notify the department head or elected official of any change in his or her address or phone number or the status of the criminal case. If an employee's suspension without pay continues for up to three (3) months, the department head or elected official shall further investigate the matter. If the department head or elected official determines, based upon the results of the investigation, that disciplinary action is not yet warranted, an additional informal hearing may be held with the employee to determine the status of the criminal proceedings. The department head or elected official may decide to continue the suspension with or without pay. The department head or elected official shall review the status of the suspension on a three-month basis until such time that the employee's case is resolved, a disciplinary action has occurred or both. If the employee has been on leave without pay for six months, according to Section 3-6-05 — Leave Restrictions, an employee may be terminated. If employee is not convicted the Department Head/Elected Official mie-hire the employee for.the next same. ica"D. For the purposes of this Section, crime shall be defined as a felony or misdemeanor es defined b/ state law, whether classified or unclassified, or a comparable federal or municipal crime or crime in some other state. The term crime does not include petty offenses. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2012-8) • Page 4 Sec. 3-3-120. - ID badge policy. A. As a vital part of our security, a Weld County identification badge with the employee's name, photo and department will be issued on the first day of employment. The ID badge may also permit access into some secured areas in County buildings. B. Weld County ID badges are to be used primarily for official County business only. Badges given to employees to access the Centennial Building or other County buildings or meetings are not to be to used for personal business. Any employee using his or her badge to gain access to the courts or any County building for personal reasons will face disciplinary action and will have his or her badge confiscated. C. Lost or stolen badges should be reported to Human Resources as soon as possible. Weld County will supply one replacement badge if lost or stolen, all others will be charged to the employee at cost. D. Upon termination, employees will be required to return ID badges to their supervisor or to Human Resources. (Weld County Code Ordinance 2012-8) Page 5 Sec. 3-4-20. - Dismissal procedures. A. No dismissal shall be made unless the employee is given a pre -dismissal hearing. These procedures apply to regular employees only. The Department Head has the ability to conduct a pre -dismissal hearing in extenuating circumstances for non -regular employees as defined in Section 3-2-90. Pre -dismissal hearing for non -regular employees shall have no effect on grievance rights as defined in Section 3-2-90. The employee should receive written notification of the following: (1) the reason for the possible dismissal; and (2) the time, date and place of the scheduled pre -dismissal hearing. B. The pre -dismissal hearing shall be scheduled the next working day after the employee receives the notification. The employee will be placed on administrative leave with pay until a determination of dismissal or retention is made. C. Attendance at the pre -dismissal hearing is limited to the department head or elected official; or other designee of the department head or elected official who has knowledge of the termination recommendation, the immediate supervisor, the employee being considered for dismissal, the employee's legal counsel if desired and a representative of the Department of Human Resources. If the employee is represented by legal counsel, the department head or elected official may also have legal representation. D. The employee shall have the right to make statements to the department head or elected official which may rebut the reasons stated in the pre -dismissal notification. This rebuttal may be presented orally or in writing. The pre -dismissal hearing shall not be a full evidentiary hearing. E. After receiving said rebuttal and any other appropriate information, the department head or elected official shall, within one (1) working day, render a determination as to whether the employee shall or shall not be dismissed or whether to extend the period of paid administrative leave in order to provide enough time to investigate the incident so as to render an informed decision. If the department head or elected official decides to dismiss the employee, notification will be provided to the employee under separate letter. The notification of dismissal shall include the reasons which the department head or elected official determines to justify dismissal. F. If the department head or elected official determines that the employee shall be retained, the department head or elected official may elect to impose upon the employee any disciplinary measures short of dismissal. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld County Code Ordinance 2014-12) ARTICLE VI - Leave Time Benefits Sec. 3-6-05. - Leave restriction. An 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. Page 6 B. Vacations must be scheduled in advance with the employee's supervisor. 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 Job SharePart Time Accrual (based on weekly hours) Retired With Benefits. Accrual Under 5 i 8 .50 4 .75 6 .50 4. .75 [6 .85 6g° .95�. 7.6 5 through 9 10 5 10 through 19 12 7.5 5 7.5 83- 9.5 6 9 20 13.33 6.5 6 9- 10.2 10 6.5 10 1.1.33 11.4 12.66 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. 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) 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) Page 7 hours total per calendar payroll year of accumulated sick leave. (Prorated for feb-sharepart 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 one (1) full pay period of employment. Sick leave is accrued from date of hire. The accrual rate is shown on Table 15: Table 3.5 Sick Leave Accrual Rates Sick Accrual Hours Accrued Monthly Regular Employee 8 Job SharePart-Time .75 6 Job SharePart-Time .50 4 r - Retired with Benefits .50 I 4 Retired with Benefits .75 6 Retired with Benefits .85 6.8 Retired with Benefits .95 7.6 C. For employees hired prior to January 1, 1985, accumulated sick leave is payable upon termination at one-half ('.4) 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. 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. F. 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 Page 8 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. G. Advanced sick leave is not permitted. Employees may not carry negative sick hours. H. An employee cannot accumulate in excess of four hundred eighty (480) hours of sick leave (prorated for benefit eligible part time employees). _I. An employee cannot accumulate in excess of four hundfed-eighty-(480) hours of sick leave. (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) Sec. 3-6-30. - Reserved. (Weld County Code Ordinance 2012-11) Sec. 3-6-40. - Reserved. (Weld County Code Ordinance 2014-12) Sec. 3-6-60. - Personal leave. Personal leave is a privilege granted to regular and jeb-sharepart 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) for example: job sharepart time .75 may convert twelve (12)4 ours; job- sharepart time .50 may convert eight (8) hours; and retired with benefits .75 may convert twelve (12) hours, .50 may convert eight (8) hours, .85 may convert thirteen and six tenths (13.6) hours, and .95 may convert fifteen and two -tenths (15.2) hours of sick -leave into personal leave hours. Personal leave time may not be carried over from year to year. 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) Sec. 3-6-70. - Holidays. A. Employees will be paid for the equivalent of eight (8) hours of Holiday Pay for each holiday recognized by the Board of County Commissioners through the procedure detailed below, with such Holiday Pay being prorated accordingly for job sharepart time employees, All regular and job sharepart time employees will receive paid holidays. Dates will be established annually and will be published by resolution of the Board of County Commissioners. Recognized holidays may include the following: 1. New Year's Day. 2. Martin Luther King Day (floating). 3. President's Day. 4. Memorial Day. Page 9 5. Fourth of July. 6. Colorado Day (floating). 7. Labor Day. 8. Columbus Day (floating). 9. Veterans Day. 10. Thanksgiving Day. 11. Christmas Day_ B. Regular employees shall consider a holiday as eight (8) hours of paid time; holiday pay will be prorated for benefit eligible part time employees based on their standard weekly hours, for example: job-sharepart time .75, six (6) hours; job-eharepart time _50, four (4) hours; and retired with benefits .95, seven and six -tenths (7.6) hours, retired with benefits .85, six and eight -tenths (6.8) hours, retired with benefits .75, six (6) hours, and retired with benefits .50, four (4) hours of paid time. These hours may or may not correspond with the assigned work shift. To be eligible for holiday pay, an employee must be on paid status the scheduled workday before and the scheduled workday after the holiday. Employees working on an official holiday may receive a day off in lieu of the official holiday or may be paid straight time for working on the holiday. No employee assigned to shift work shall receive a greater or a lesser number of holidays in any calendar year than employees regularly assigned to work during the normal workweek. C. A day proclaimed a day of national/state mourning or celebration shall be treated the same as a holiday described in Subsection B above. D. The Board of County Commissioners hereby reserves to itself the authority to establish legal holidays for all County offices. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2010-8; Weld County Code Ordinance 2015-18) Sec. 3-6-80. - Bereavement leave. Leave of absence with pay because of death in the immediate family may be granted to regular and job sharepart 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) Sec. 3-6-90. - Leave of absence without pay. 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. Page 10 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 approvals 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) Sec. 3-6-100. - Jury duty/witness. An employee who is regularly employed, as defined by Section 13-71-126, C.R.S., and who is required to serve as a witness in a case involving the County government or as a juror during scheduled work time, is entitled to paid leave not to exceed three (3) weeks (based on a 40 -hour week) - up to one hundred twenty (120) hours (prorated for benefit eligible part time employees, based on Table 3.1). An employee who serves on a jury shall pay to the County all amounts received for the jury service. In order to be granted leave for jury duty, the employee must submit a copy of the summons and all forms furnished by the Clerk of the Court relative to the time of service. Mileage allowances can be retained by the employee. An employee who is subpoenaed to appear as a witness in a case unrelated to County business must use paid leave, if available. If no paid time is available, the time off will be leave without pay. Employees must avoid situations in which they, through their voluntary actions, may be called to testify in private civil matters, wherein knowledge of confidential facts, circumstances or opinions they have obtained in the scope and course of their work may be revealed. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2008-6; Weld County Code Ordinance 2015-18) Sec. 3-6-110. - Closure of County operations. A. In the event the County closes operations or facilities due to inclement weather or other emergencies, regular and job-slpart time employees scheduled to work will be paid for no more than than their scheduled hours for the day, up toan 8 hour a day. Employees required to work during such closure due to County needs shall not be paid any additional salary, compensation or compensatory time off. An employee already on leave of any type on a closure day shall be charged for that leave day as if County operations were normal. B. An employee unable to be in attendance due to inclement weather or other emergencies when County operations and facilities are open shall be charged appropriate leave. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2014-12) Sec. 3-6-120. - Professional leave. Upon approval of the department head or elected official, an employee may be granted professional leave to attend professional and technical conferences, meetings and training that pertain to an employee's current or expected duties. No more than the actual time needed, plus travel time, will be granted under professional leave. Professional leave must be arranged in advance with the employee's supervisor. Page 11 (Weld County Code Ordinance 2003-4) Sec. 3-6-130. - Department head leave. Department heads do not accrue sick and vacation leave. Department heads will schedule vacation leave: with their supervisors. Department heads may use up to six (6) months of leave for an illness prior to commencement of long-term disability. Any extension over the six (6) months must be approved by the Board. of County Commissioners. (Weld County Code Ordinance 2003-4) Sec. 3-6-140. - Military leave of absence. A. Any elected official, department head or employee who is a member of the National Guard or reserve forces is entitled to receive up to one hundred twenty (120) hours (prorated for part time employees) per calendar year military leave of absence (military leave). Military leave is granted without loss of pay, seniority, status, performance rating, vacation leave, sick leave or other benefits for all of the timethe individual is engaged in training or service as ordered by an appropriate military authority. B. Upon returning to work, the elected official, department head or employee shall pay to the County all wages received from the National Guard or reserve forces for the time spent performing required military training or service, exclusive of any travel allowance or other expenses paid as indicated on the military voucher. The individual has the option of keeping his or her military pay in lieu of receiving his or her regular pay from the County for the time during which he or she was engaged in the military training or service. If an employee elects to keep the military pay, the County regular pay will be reduced by the per -day rate of the military pay for each workday served, up to one hundred twenty (120) hours (prorated for benefit eligible part time employees). The per -day rate is determined by the amount of the basic pay divided by the number of days served as indicated on the military pay voucher. The employee must provide a Leave and Earnings Statement (LES) for the time period served to determine the per -day rate and must forward a copy to the Department of Human Resources within thirty (30) days of returning to work at the County. C. If an elected official's, department head's or employee's military status changes from reserve to active in time of war or other emergency as declared by proper military authority (extending beyond the fifteen [15] days per calendar year (up to 120 hours)), the individual shallbe entitled to leave without pay until reinstated following the active service time. D. Employees who serve in the armed forces reserves that must take leave from the County due to a conflict in the department work schedule and an armed forces assignment will indicate on their time sheet the leave time as military leave. This code will be designated as unpaid leave unless proper documentation is submitted to the Department of Human Resources and Payroll. E. To receive regular County pay for the military leave time (up to one hundred twenty (120) hours per calendar year is permitted (prorated for benefit eligible part time employees), the employee must provide orders to the Department of Human Resources prior to entering military leave. Since orders are not typically issued for weekend duty drills, the employee is responsible for providing the Department of Human Resources the LES for the time period in question in order to be paid for these military days. F_ Upon returning to work, if the employee wants to be paid the wage differential, the employee must provide a military LES for the time period which covers the use of military leave. The documents should be sent to the Department of Human Resources within thirty (30) days of returning to work at the County. The Department of Human Resources will determine the amount of wages that will be paid to the employee. The amount is calculated by factoring a per -day rate paid from the military BASE wages only and then multiplying the county per -day rate by the number of days entered as military leave. G. Please note that, if the orders or an authorized attendance of drill assignment email is not received by the Department of Human Resources and Payroll, then the military hours will remain unpaid and no further action is needed to supply the military LES; however, if an employee did provide the orders or authorized attendance of drill assignment email so that the military leave was paid by the County, then the military LES must be received Page 12 within the thirty -day time frame following the return of the employee from the military assignment or the military leave paid by the County will all be due back to the County. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld County Code Ordinance 2012-8; Weld County Code Ordinance 2015-18) Sec. 3-6-150. - Clinic time. A. Paid "clinic time" will be allotted to County employees who are enrolled in a County Health Plan ("eligible employees") to use for visits to the Weld County Employee Medical Clinic ("the clinic"). Eligible employees will be allotted a certain number of paid visits to the clinic during scheduled work hours, per calendar year, for personal healthcare, instead of being required to use their accrued leave. There is a maximum of three (3) hours allowed per visit. Employees attending appointments at the clinic with dependents will be required to use applicable accrued leave or schedule the visit during nonworking hours. Eligible employees will be allotted paid time for visits to the clinic. An annual allotment of paid visits for each eligible employee will be made in December of each year for use during the subsequent year. The employee can contact the Department of Human Resources for the current annual allotment of paid visits. B. Use of clinic time will be tracked by the eligible employee in PeopleSoft's Time and Labor System. After an eligible employee exhausts his or her annual allotment of paid visits, any subsequent visit to the Clinic during working hours shall be considered sick leave. If the employee has no sick leave or other applicable accrued leave, then leave without pay is to be used, if approved by the supervisor. Unused visits will expire on December 31 of each year and will not be carried over into the next year. Employees are encouraged to visit the clinic anytime during nonworking hours. It is the employee's responsibility to enter their Clinic Time to their timesheet, and the supervisor's responsibility to track this time. (Weld County Code Ordinance 2010.8; Weld County Code Ordinance 2012-8; Weld County Code Ordinance 2014-12) Page 13 Cheryl Hoffman From: Sent: To: Subject: Esther Gesick Tuesday, September 06, 2016 4:23 PM Cheryl Hoffman FW: change to county code - chapter 3 readings Cz_ot, ,c)2o/& - i eY Here is the requested change. Esther E. Gesick Clerk to the Board 1150 O Street I P.O. Box 7581 Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Patti Russell Sent: Tuesday, August 30, 2016 9:23 AM To: Esther Gesick <egesick@co.weld.co.us> Cc: Karin McDougal <kmcdougal@co.weld.co.us>; Barb Connolly <bconnolly@co.weld.co.us>; Jewel Vaughn <jvaughn@co.weld.co.us>; Bob Choate <bchoate@co.weld.co.us> Subject: change to county code - chapter 3 readings Hi Esther, We need to make one change to our chapter 3 changes... See highlighted below 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. 1 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.) 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. Thank you, Patti Russell Patricia S. Russell, SHRM-SCP, SPHR Director, Human Resources Weld County Government 1150 "O" Street Greeley, CO 80631 (970) 400-4230 prussell@weldgov.com <mailto:prussell@weldgov.com> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 ARTICLE II - Employment Information Sec. 3-2-90. - Employee definitions. A. Initial review. New employees are on initial review status for the first twelve (12) months of employment, The initial review status may be extended beyond the first twelve (12) months at the supervisor's discretion. Upon satisfactory completion of the review period, the employee will become a regular employee, Employees on an initial review, whether for the twelve (12) months or extended initial review, may not file a grievance as described in Section 3-4-40 of this Chapter. B. Promotional/transfer review. Employees promoted or transferred into a new position will be under a review status for six (6) months. C. Special review. A department head or elected official may institute a special review period due to performance that was not up to department standards. The length of the special review period shall be at the discretion of the department head or elected official. D. Regular. A regular employee is a full-time employee who is not on an initial review or promotional/transfer review period. All personnel policies and procedures are applicable to regular employees, including grievance procedures. Regular employees may take advantage of benefits, including insurance, time off and retirement. E. Full-time. A full-time employee is an employee who is regularly scheduled to work at least forty (40) hours per week. Depending on the situation, any of the above definitions may apply to full-time employees. F. Seasonal. A seasonal employee is hourly, working forty (40) hours per week, but for only part of the year. There is no paid leave time, but seasonal, forty -hour -per -week employees may participate in the health insurance program. These employees have none of the grievance rights as described in this Chapter and may not participate in the Retirement Plan. G. Temporary. A temporary employee is paid only for the hours worked. The employee is not paid for any leave time. Temporary employees have none of the grievance rights as described in this Chapter, The employee does not participate in the Retirement Plan or in any other County benefits. H. Part-time. A part-time employee is regularly scheduled to work less than forty (40) hours per week. The part- time employee who consistently works at least twenty (20) hours per week may participate in most County benefits on a pro rata basis based on standard hours worked.the health, life and disability insurance programs. The employee has no grievance rights as described in this Chapter and may not participate in the Retirement Plan. Job share. A job share employee works part-time and may participate in most County benefits except retirement. Job share normally means a full time position with benefits has Be shown in Table 3.1. Table 3.1 Job SharePart Time Status Example Normal Hours Worked Per Week 320 -39 32 20-29 30 24 GswaFcates-are 20 Job SharePart Time Status .75.80 .50.75 .60 .50 ,- otapri Page 1 Special funded. An at -will position which is funded through grant or other special funding. Benefits will vary and be dependent on the funding that is provided. Employee. A person who is in County service and is not working in an exempt position as defined in Section 3- 1-30A. of this Chapter. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2014-12; Weld County Code Ordinance 2015-18) Page 2 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 -r Full -Time Regular Job Seasonal Share 1 Step Progression Yes Health Insurance Disability Insurance Life Insurance Retirement Plan Sick Leave Part -Time 20-39 hours/week Temporary or less than 20 hours/week N.o No Yes 'des °Yes `yes Yes r Working Retiree 20-38 hours/week 'Yes No Yes Yes Yes to No Yes No - Yes No Yes 'des Vacation Leave F, Yes `des Holiday Pay { Yes Personal Leave Yes Bereavement Leave • Grievance Rights *YesNo *YesNo 'Yes `Yes Nes Yes *YesNo *YesNe Yes Yes NO Nb: Yes M *Yes *Yests e *Yes ' Prorated. An employee must consistently work 20 hours or more per week to receive a prorated health insurance benefit. + All employees of the Department of Public Health and Environment will be members of PERA. Page 3 Working after retirement employees must refer to their employment contracts for explanation of benefit eligibility. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2008-6; Weld County Code Ordinance 2010-8; Weld County Code Ordinance 2014-12) i i Sec. 3-3-70. - Suspension and termination for charge with crime. A. In the event that an employee is formally charged or indicted for the commission of a crime, the department head or elected official may suspend such employee, with or without pay, pending prosecution of the offense. Unless the circumstances are such that immediate action must be taken, the department head or elected official should hold a hearing with the employee prior to a suspension without pay, If the circumstances warrant an immediate suspension without pay, the department head or elected official should hold a hearing with the employee as soon after the suspension takes effect as is practicable. The employee will be informed of the reason for the hearing and will be afforded an opportunity to respond to the charges. The hearing may be very informal, with no required prior notice. No other person besides the department head or elected official, along with a member of Human Resources if desired, -and the employee may be present at the hearing. if the department head or elected official determines, based upon the situation, that immediate disciplinary action is appropriate, a hearing as set forth in Section 34-10 of this Chapter may take place instead of a hearing as provided in this Section. S. if an employee is found guilty of any crime by a court or jury, the County shall immediately suspend such employee without pay until the employee's conviction shall become final at the time the employee is sentenced. Notwithstanding the criminal proceeding in which the employee is involved, the County may conduct its own internal investigation of the employee's actions and other job performance. The department head or elected official is authorized to take any appropriate discipline against the employee at any time, up to and including termination. In addition, at the time such employee's conviction is final (i.e., after a finding of guilt and sentencing by a court or other tribunal), notwithstanding any prior disciplinary action, the employee may be terminated. A deferred judgment and sentence upon a plea of guilty or nob contendere shall be deemed to be a final conviction at the time the employee enters the plea and such plea is accepted by the Court. C. During the period of time that the employee is suspended with or without pay, the employee is required to notify the department head or elected official of any change in his or her address or phone number or the status of the criminal case. If an employee's suspension without pay continues for up to three (3) months, the department head or elected official shall further investigate the matter. If the department head or elected official determines, based upon the results of the investigation, that disciplinary action is not yet warranted, an additional informal hearing may be held with the employee to determine the status of the criminal proceedings. The department head or elected official may decide to continue the suspension with or without pay: The department head or elected official shall review the status of the suspension on a three-month basis until such time that the employee's case is resolved, a disciplinary action has occurred or both. if the employee has been on leave without pay for six months, according to Section 3-6-05 — Leave Restrictions, an employee may be terminated. If employee is not convicted the Department Head/Elected Official may re -hire the employee for the next same or similar open position. D. For the purposes of this Section, crime shall be defined as a felony or misdemeanor as defined by state law, whether classified or unclassified, or a comparable federal or municipal crime or crime in some other state. The term crime does not include petty offenses. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2012-8) Page 4 Sec. 3-3-120. - ID badge policy. A. As a vital part of our security, a Weld County identification badge with the employee's name, photo and department will be issued on the first day of employment. The ID badge may also permit access into some securedareas in County buildings. B. Weld County ID badges are to be used primarily for official County business only. Badges given to employees to access the Centennial Building or other County buildings or meetings are not to be te-used for personal business. Any employee using his or her badge to gain access to the courts or any County building for personal reasons will face disciplinary action and will have his or her badge confiscated. C. Lost or stolen badges should be reported to Human Resources as soon as possible. Weld County will supply one replacement badge if lost or stolen, all others will be charged to the employee at cost. D. Upon termination, employees will be required to return ID badges to their supervisor or to Human Resources. (Weld County Code Ordinance 2012-8) Page 5 Sec. 3-4-20. - ARTICLE IV - Discipline andGrievance Sec. 34-10. - Disciplinary actions. A. Disciplinary actions are to be corrective in nature and are intended to provide reasonable means for correcting performance. Disciplinary actions may include, but are not limited to warnings, reprimands, suspension without pay, special review period, demotion and dismissal. B. For any disciplinary action, short of dismissal, which may result in a loss of pay or benefits, an employee is entitled to a meeting hearing with the department head, elected official, supervisor or other designee who may impose the disciplinary action,_ at which no other person or representative shall be present. The employee will be informed of the incident that led to the hearingmeetinq and will be afforded the opportunity to respond to the charges. After hearing and reviewing the employee's response, if any, the department head, elected official, supervisor or other designee will then administer the appropriate discipline. Documentation of the hearing -meeting and of the disciplinary action will be forwarded to the Human Resources Office. C. The County reserves the right to bypass lesser disciplinary action and immediately dismiss an employee, if, in the sole opinion of the County, the employee's conduct, either by itself or considering the employee's prior performance, warrants dismissal or other discipline. Employees holding positions of higher levels of responsibility may be held to higher standards of performance and thus have more severe disciplinary actions imposed on them than those who hold positions of lower responsibility. D. Department heads, elected officials or their appointees may impose disciplinary actions. However, department heads and elected officials are responsible for disciplinary action initiated by their appointees. E. At the time disciplinary actions are taken against an employee, if these actions can be grieved, the department head or elected official shall make available to the employee a copy of the grievance section of this Chapter. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4) 0-711-4-/elderS1-9 missal procedures. A. No dismissal s - II be made unless the empYoyeeis given a pre -dismissal hearing. These procedures apply to regular - ployees only. The Department Head has the ability to conduct a pre -dismissal hearing in extenuati circumstances for non -regular employees, as defined in Section 3-2-90. Pre - dismissal hearing for n -regular employees shall have no effect on grievance rights, as defined in Section 3-2-90. The emplo -e should receive written notification of the following: (1) the reason for the possible dismissal; and (2 he time, date and place of the scheduled pre -dismissal hearing. B. The pre -dismissal hearing shall b- cheduled the next working day after the employee receives the notification. The employee will be p ed on administrative leave with pay until a determination of dismissal or retention is made. C. Attendance at the pre -dismissal hearing is li ed to the department head or elected official, the immediate supervisor, the employee being consi• - -d for dismissal, the employee's legal counsel if desired and a representative of the Department of Hu Resources. If the employee is represented by legal counsel, the department head or elected official m . also have legal representation. D. The employee shall have the right to make statements to the dep ent head or elected official which may rebut the reasons stated in the pre -dismissal notification. This r-.tkal may be presented orally or in writing. The pre -dismissal hearing shall not be a full evidentiary hearing. F Page 1 fter receiving said rebuttal and any other appropriate information, the department head or elected o al shall, within one (1) working day, render a determination as to whether the employee shall or shall •t be dismissed or whether to extend the period of paid administrative leave in order to provide enough .e to investigate the incident so as to render an informed decision. If the department head or elected a al decides to dismiss the employee, notification will be provided to the employee under separate letter. .e notification of dismissal shall include the reasons which the department head or elected official dete ines to justify dismissal. F. If the department heat «r elected official determines that the employee shall be retained, the department head or electe• : icial may elect to impose upon the employee any disciplinary measures short of dismissal. i (Weld County Code Ordinance 2003-4; d County Code Ordinance 2007-4; Weld County Code Ordinance 2014-12) Sec. 3-4-30. - Grieving a dismissal. If the employee is dismissed pursuant to these procedures, the employee may exercise the right to grieve such dismissal without the necessity of complying with Steps 1, 2, 3 and 4 of the grievance procedure in Section 3-4-60. (Weld County Code Ordinance 2003-4) Sec. 3-4-40. - Employee grievance. An employee who feels that the policies set forth in this Chapter are not being properly applied, or has any disciplinary action taken against him or her that results in an immediate loss of pay, may file a grievance. These actions include termination, demotion and/or suspension resulting in loss in pay. (Weld County Code Ordinance 2003-4) Sec. 34 -SO. - Nongrievance items. A. Employees cannot grieve a County policy that has been adopted by the Board of County Commissioners, even if they feel it is an unjust policy. The County's policies are addressed and adopted in public meetings in the form of a County resolution or ordinance. All employees are encouraged to attend public meetings, on their own time, that involve them as taxpayers and employees, in order to voice their opinions. B. Employees cannot grieve performance evaluations or written counseling forms. They can appeal these to their elected official or department head. (Weld County Code Ordinance 2003-4) Sec. 3-4-60. - Grievance procedure. The employee grievance procedure is as follows: A. Step 1. Appeal to immediate supervisor. All grievances must first be presented to the employee's immediate supervisor within five (5) calendar days of the incident which is the subject matter of the grievance. B. Step 2. Immediate supervisor response to appeal. The immediate supervisor will give the employee an answer within five (5) calendar days of the presentation of the grievance. Page 2 C. Step 3. Appeal to the department head or elected official. 1 If the employee is not satisfied with the supervisor's answer to the grievance, the employee may, within five (5) calendar days of receiving the supervisor's answer, appeal the supervisor's answer to the department head or elected official. Such an appeal must be presented in writing. The writing shall state the nature of the grievance and explain the employee's position. 2. Timeliness of appeal. In all cases, failure to submit a written appeal to the department head or elected official within twenty (20) calendar days of the incident which is the subject matter of the grievance shall constitute a stale grievance and waiver of grievance rights for the incident. 3. Appeals directly to the department head or elected official. In those instances when the discipline is being administered directly by the department head or elected official, the employee grievance procedure begins at Step 5. D. Step 4. Department head or elected official response to the appeal. The department head or elected official shall give a written answer to the grieving employee within five (5) calendar days of the presentation of the grievance. E. Step 5. Filing a formal written grievance. if the employee disagrees with the department head or elected official's answer or discipline resulting in loss of pay, or if grieving a dismissal from employment, the employee may file a formal written grievance with the Department of Human Resources within ten (10) calendar days of receiving the department head's or elected official's written response -or= dismissal from employment, or discipline resulting in loss of pay. The written grievance must clearly state the employee's side of the case and must include the following: specifically what decisions or actions the employee is grieving; what remedy the employee is seeking in the grievance; the specific facts as they are known to the employee; any documentation to substantiate the facts; and a summary of the answer of the supervisor and department head or elected official. F. Step 6, Reconciliation. The Director of Human Resources may attempt to reconcile the differences. If the Director of Human Resources is administering the discipline, the Director of General Services will attempt reconciliation. If reconciliation is undertaken and it is not successful, a grievance hearing will be scheduled. G. Step 7. Scheduling the grievance hearing. The Director of Human Resources has fifteen (15) calendar days from receipt of the written grievance to set a grievance hearing date and to notify the employee and department head or elected official of the hearing date. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2007-4; Weld County Code Ordinance 2014-12) Sec. 3-4-70. - Grievance hearing. A. Presence at hearing. 1. Presence of employee involved. Under no circumstances shall a hearing be conducted without the personal presence of the employee who requested the hearing. However, an employee who fails to appear at such hearing without good cause, as determined by the Grievance Board, shall be deemed to have waived his or her rights to a hearing. 2. Persons in attendance. The grievance hearing is not a public hearing. The Grievance Board, the grieving party plus one (1) representative, the responding department head, elected official or other designated supervisor plus one (1) representative, a representative of the Department of Human Resources, the recorder and any witnesses, while giving testimony, are the only persons allowed to be present at grievance hearings. The grieving employee shall be entitled to be Page 3 1 accompanied and represented at the hearing by an attorney or, if not an attorney, any other person of his or her choice. 3. The attorney who represents the grieving employee shalt be paid by the employee. In no event shall the County be obligated to pay the employee's attorney fees or any costs associated with the grievance_ The responding department head, elected official or other supervisor shall also be entitled to have an attorney representing him or her at the hearing. B. Composition of Grievance Board. The Grievance Board shall consist of three (3) members as listed below. If either party fails to select a member to serve on the Grievance Board by the date designated by the Director of Human Resources, then the Director of Human Resources shall appoint a member. 1. One (1) County employee chosen by the grieving employee, but not from the employee's own office or department. Said County employee's employment status must include eligibility to participate in grievance procedures; however, said employee may not be called by either party as a witness. 2. One (1) County employee chosen by the department head or elected official that imposed the disciplinary action, but not from the same office or department as the department head or elected official. Said County employee's employment status must include eligibility to participate in grievance procedures; however, said employee may not be called by either party as a witness. 3. One (1) person with labor relations and/or legal background selected from a list certified by the Board of County Commissioners. This person shall serve as the Chairperson of the Grievance Board. C. Postponements and extensions. Postponements of hearings and extensions of time of hearings may be requested by either party or his or her designated agent. However, the granting of such postponements or extensions shall be made only upon the showing of good cause and is at the discretion of the Director of Human Resources. Postponements or extensions will not exceed two (2) weeks, unless there are extraordinary circumstances. D. Procedure and evidence. The hearing shall be conducted informally and shall not be subject to strict judicial or technical rules of procedure. A wide latitude in the manner of presenting the respective positions should be afforded the parties. The grievance hearing pursuant to these rules shall not be a hearing under the Administrative Procedures Act or an arbitration which may be subject to the rules of the American Arbitration Society. 1. Each party shall, prior to or during the hearing, be entitled to submit memoranda concerning any matters being considered by the Grievance Board. Such memoranda shall become a part of the hearing record. 2. The Grievance Board may exclude unduly repetitious evidence. 3. The Grievance Board may consider all relevant evidence. 4. Both parties may call witnesses to testify on their behalf and present evidence which is relevant. The grieving party's main personnel file shall automatically become a part of the hearing record. The Grievance Board shall not be permitted to consider any portion of any other employee's personnel file without a signed and notarized consent from said employee included in the documentation being considered. 5. The Grievance Board shall establish the time limit of 180 minutes each to the employee and the Department Head, for the full presentation of their cases, to include opening and closing statements, presentation of evidence and argument, questioning and cross examining of all witnesses/employees. The Grievance Board may extend this time for presentation of evidence and argument if necessary in light of circumstances that could not reasonably be anticipated. 6. In the event an employee is represented by an attorney, nntira nf.cstch representation must be submitted to the Human Resources Office at least five (5;) calendar days prior to the hearing so that the County Attorney may be prepared to represent the department head or elected official. If Page 4 the employee cannot afford an attorney, the Grievance Board may, at its discretion, allow a person who is not an attorney to represent the employee. 7. Any attorney who represents a grieving employee shall be paid by the employee. In no event shall the County be obligated to pay the grieving employee's attorney fees or any costs incurred by the employee in the course of the grievance hearing process. 8. Any County employee who is requested by either party to testify at the hearing must comply with the request. Failure to appear and testify upon request will subject the employee to disciplinary action. I 9. The Grievance Board members shall not conduct their own pre -hearing investigations or talk with the department head, elected official or any other persons connected with the case about the facts of the case. Discussions, if any, prior to the hearing shall be limited to discussions with the Director of Human Resources as to procedural matters and the method of conducting the hearing. E. Burden of proof. The grieving employee will have the burden of going forward to establish a prima fade case regarding his or her grievance. Prima facie means sufficient evidence to prevail until overcome by other evidence. The department head or elected official shall then have the burden of persuading the Grievance Board of his or her position by a preponderance of evidence. Preponderance of the evidence is defined as that evidence which is most convincing and satisfying in the controversy between the parties, regardless of which party may have produced such evidence. Colorado Civil Jury Instructions 2d, Section 3:1(4). F. Standard of Review, The Grievance Board shall determine whether the department head's decision to discipline the employee was an abuse of discretion. An abuse of discretion occurs when the department head has failed to exercise sound, reasonable, and legal decision -making, or the disciplinary decision is unsupported by the evidence. The Grievance Board shall not substitute its own decision for that of the department head. G. Record of hearing. A record of the hearing shall be kept by an electronic recording unit. Either party may request the use of a court reporter instead of or in addition to the electronic recording unit. The requesting party shall pay for all costs associated with using the court reporter. H. Decision of the Grievance Board. 1. The Grievance Board shall determine whether the department head's decision to discipline the employee was an abuse of discretion. If the Grievance Board determines that the department head did not abuse his or her discretion, it shall dismiss the appeal. If the Grievance Board determines that the department head abused his or her discretion, it shall recommend an appropriate remedy. The Grievance Board may recommend that the employee be reinstated, demoted, suspended, reprimanded, warned, or any combination of these actions. 2. The Grievance Board shall not formulate ary policies Dr [procedures., Out may initerpretpolh:ies and procedures set forth in this Chapter. The Grievance Board shall defer to the department head's reasonable interpretation of departmental policy and procedures. The Grievance Board shall not fashion any binding remedy, but may suggest remedies to department heads or elected officials. A majority vote of the Grievance Board shall represent the official recommendation of the Grievance Board. 3. Upon completion of the grievance process and within ten (10)' calendar says of the hearing's conclusion, a written report of the findings of fact and a decision of the Grievance Board will be prepared. A copy will be distributed to the grieving employee, the grieving employee's supervisor and department head or elected official and the Department of Human Resources. 4. The Grievance Board's decision is final, unless timely appeal is made to the Board of County Commissioners as indicated below. Appeal. Any party who seeks to modify the decision of the Grievance Board may appeal the matter to the Board of County Commissioners. To do so, the. f} must file a written notice of appeal with the Director of Human Resources within ten (10) calendar 03ys of receiving the Grievance Board's Page 5 decision. The notice of appeal must specifically state what part of the decision the party seeks to have modified and the reasons therefore. The notice shall not exceed five (5) pages in length, The party opposing the modification may submit a memorandum brief, but must do so within five (5) calendar days of receiving the notice of appeal. Any such memorandum brief shall not exceed five (5) pages in length. J. Review of appeal. 1 The Director of Human Resources shall transmit the Grievance Board's decision, the n.ratirs of anneal and any memnranriiim hriaf to tha Rnard County Commissioners for review within -.�� . . •.� ... V...JI\i11MM111 VIM t� I 1�/ VI��./�of twenty-one (21' days of receiving the notice of appeal. 2. the board of County Commissioners may affirm the Grievance Board's decision, modify it in whole or in part or remand the matter to the Grievance Board for further fact-finding. A modification may only be made if,. based upon the Grievance Board's findings of fact, the decision is clearly wrong or is in excess of the Grievance Board's jurisdiction, authority, purposes or limitations as defined by this Chapter and the procedures outlined in Chapter 2 of this Code. The Board of County Commissioners may review the entire hearing record upon a majority vote of the Board of County Commissioners. The Board of (tnunty r.nmmissionerq ghat( trac nit Q, %acrotan. decision on the appeal to the Director of Human Resources within ten (10) working days of theafter receipt of the appealving the Grievance Board's decision, the notice of appeal and any memorandum brief from the Director of Human Resources. The Director of Human Resources shall thereafter communicate the decision to the employee within five (5) working days of receiving the Commissioners' decision. 3. Regardless of the above -stated grievance procedures, all employees are considered to be at -will employees and these procedures are not intended to create, nor are they to be considered to constitute, a contract between the County and any one (1) or all of its employees. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2007-4; Weld County Code Ordinance 2012-8; Weld County Code Ordinance 2014-12) Page 6 Sec. 3-4-20. - Dismissal procedures. A. No dismissal shall be made unless the employee is given a pre -dismissal hearing. These procedures apply to regular employees only. The Department Head has the ability to conduct a pre -dismissal hearing in extenuating circumstances for non -regular employees as defined in Section 3-2-90. Pre -dismissal hearing for non -regular employees shall have no effect on grievance rights as defined in Section 3-2-90. The employee should receive written notification of the following: (1) the reason for the possible dismissal; and (2) the time, date and place of the scheduled pre -dismissal hearing. B. The pre -dismissal hearing shall be scheduled the next working day after the employee receives the notification. The employee will be placed on administrative leave with pay until a determination of dismissal or retention is made. C. Attendance at the pre -dismissal hearing is limited to the department head or elected official; or other designee of the department head or elected official who has knowledge of the termination recommendation, tie , .so n..U, ILc ovNcr d..n1/4.iu,'grrc crurfiluycc.1 11115 LU1131ue1eu iU1 UIMiIISSidi, Cne employees legal counsel it desires and a representative of the Department of Human Resources. If the employee is represented by legal counsel, the department head or elected official may also have legal representation. O. The employee shall have the right to make statements to the department head or elected official which may rebut the reasons stated in the pre -dismissal notification. This rebuttal may be presented orally or in writing. The pre -dismissal hearing shall not be a full evidentiary hearing. E. After receiving said rebuttal and any other appropriate information, the department head or elected official shall, within one (1) working day, render a determination as to whether the employee shall or shall not be dismissed or whether to extend the period of paid administrative leave in order to provide enough time to investigate the incident so as to render an informed decision. if the department head or elected official decides to dismiss the employee, notification will be provided to the employee under separate letter. The notification of dismissal shall include the reasons which the department head or elected official determines to justify dismissal. F. If the department head or elected official determines that the employee shall be retained, the department head or elected official may elect to impose upon the employee any disciplinary measures short of dismissal. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 20074; Weld County Code Ordinance 2014-12) ARTICLE VI - Leave Time Benefits Sec. 3-6-05. - Leave restriction. An 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. Page 6 B. Vacations must be scheduled in advance with the employee's supervisor. 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 Under 5 through 9 10 through 19 20 Hours Accrued Monthly Job SharePart Time Accrual (based on weekly hours) .50 8 4 10 12 13.33 5 6 .75 Retired With Benefits Accrual .50 6 4 7.5 9 .75 .85 6 6.8 .95 7.6 5 [7.5 i 6 9 6.5 10 6.5 10 8.5 10.2 11.33 9.5 11,4 12.66 C, An employee cannot accumulate in excess of three hundred twenty (320) hours (prorated for benefit eligible part time employees). 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, 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) 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) Page 7 J hours total per calendar year of accumulated sick leave. (Prorated for job-sharepart time employees.) 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 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 Hours Accrued Monthly Regular Employee if Job SharePart-Time .75 6 Job SharePart-Time .50 4- Retired with Benefits .50 4 Retired with Benefits .75 6 Retired with Benefits .85 61 Retired with Benefits .95 7.6 C. For employees hired prior to January 1, 1985, accumulated sick leave is payable upon termination at one-half ('/z) 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. 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. F. Alt 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 Page 8 day is eight [81 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. G. Advanced sick leave is not permitted. Employees may not carry negative sick hours. H. An employee cannot accumulate in excess of four hundred eighty (480) hours of sick leave (prorated for benefit eligible part time employees). 1. An employee cannot accumulate in excess of four hundred eighty (480) hours of sick leave. (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) Sec. 3-6-30. - Reserved. (Weld County Code Ordinance 2012-11) Sec. 3-6-40. - Reserved. (Weld County Code Ordinance 2014-12) Sec. 3-6-60. - Personal leave. Personal leave is a privilege granted to regular and joisharepart 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) for example: job-sharepart time .75 may convert twelve (12) hours; job sharepart time .50 may convert eight (8) hours; and retired with benefits .75 may convert twelve (12) hours, .50 may convert eight (8) hours, .85 may convert thirteen and six -tenths (13.6) hours, and .95 may convert fifteen and two -tenths (15.2) hours of sick leave into personal leave hours. Personal leave time may not be carried over from year to year. 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) Sec. 3-6-70. - Holidays. A. Employees will be paid for the equivalent of eight (8) hours of Holiday Pay for each holiday recognized by the Board of County Commissioners through the procedure detailed below; with such Holiday Pay being prorated accordingly for job-sharepart time employees. All regular and job sharepart time employees will receive paid holidays. Dates will be established annually and will be published by resolution of the Board of County Commissioners. Recognized holidays may include the following: 1. New Year's Day. 2. Martin Luther King Day (floating). 3. President's Day. 4. Memorial Day. Page 9 5. Fourth of July. 6. Colorado Day (floating). 7. Labor Day. 8. Columbus Day (floating). 9. Veterans Day. 10. Thanksgiving Day. 11. Christmas Day. B. Regular employees shall consider a holiday as eight (8) hours of paid time; holiday pay will be prorated for benefit eligible part time employees based on their weekly hours, for example: job-sharepart time .75, six (6) hours; }eke-sharepart time .50, four (4) hours; and retired with benefits .95, seven and six -tenths (7.6) hours, retired with benefits .85, six and eight -tenths (6.8) hours, retired with benefits .75, six (6) hours, and retired with benefits .50, four (4) hours of paid time. These hours may or may not correspond with the assigned work shift. To be eligible for holiday pay, an employee must be on paid status the scheduled workday before and the scheduled workday after the holiday. Employees working on an official holiday may receive a day off in lieu of the official holiday or may be paid straight time for working on the holiday. No employee assigned to shift work shall receive a greater or a lesser number of holidays in any calendar year than employees regularly assigned to work during the normal workweek. C. A day proclaimed a day of national/state mourning or celebration shall be treated the same as a holiday described in Subsection B above. D. The Board of County Commissioners hereby reserves to itself the authority to establish legal holidays for all County offices. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2010-8; Weld County Code Ordinance 2015-18) Sec. 3-6-80. - Bereavement leave. Leave of absence with pay because of death in the immediate family may be granted to regular and job sharepart time employees by the department head or elected official for a period not to exceed 24 hours (prorated for benefit eligible part time employees). 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) Sec. 3-6-90. - Leave of absence without pay. A. An employee's status with respect to benefits during leave of absence shalt 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 Page 10 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) Sec. 3-6-100. - Jury duty/witness. An employee who is regularly employed, as defined by Section 13-71-126, C.R.S., and who is required to serve as a witness in a case involving the County government or as a juror during scheduled work time, is entitled to paid leave not to exceed three (3) weeks (based on a 40 -hour week) - up to one hundred twenty (120) hours (prorated for benefit eligible part time employees). An employee who serves on a jury shall pay to the County all amounts received for the jury service. In order to be granted leave for jury duty, the employee must submit a copy of the summons and all forms furnished by the Clerk of the Court relative to the time of service. Mileage allowances can be retained by the employee. An employee who is subpoenaed to appear as a witness in a case unrelated to County business must use paid leave, if available. If no paid time is available, the time off will be leave without pay. Employees must avoid situations in which they, through their voluntary actions, may be called to testify in private civil matters, wherein knowledge of confidential facts, circumstances or opinions they have obtained in the scope and course of their work may be revealed. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2008-6; Weld County Code Ordinance 2015-18) Sec. 3-6-110. - Closure of County operations. A. In the event the County closes operations or facilities due to inclement weather or other emergencies, regular and jeb-sharepart time employees scheduled to work will be paid for no more than an 8 hour day. Employees required to work during such closure due to County needs shall not be paid any additional salary, compensation or compensatory time off. An employee already on leave of any type on a closure day shall be charged for that leave day as if County operations were normal_ B. An employee unable to be in attendance due to inclement weather or other emergencies when County operations and facilities are open shall be charged appropriate leave. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2014-12) Sec. 3-6-120. - Professional leave. Upon approval of the department head or elected official, an employee may be granted professional leave to attend professional and technical conferences, meetings and training that pertain to an employee's current or expected duties. No more than the actual time needed, plus travel time, will be granted under professional leave. Professional leave must be arranged in advance with the employee's supervisor, (Weld County Code Ordinance 2003-4) Page 11 Sec. 3-6-130. - Department head leave. Department heads do not accrue sick and vacation leave. Department heads will schedule vacation leave with their supervisors, Department heads may use up to six (6) months of leave for an illness prior to commencement of long-term disability. Any extension over the six (6) months must be approved by the Board of County Commissioners. (Weld County Code Ordinance 2003-4) Sec. 3-6-140. - Military leave of absence. A. Any elected official, department head or employee who is a member of the National Guard or reserve forces is entitled to receive up to one hundred twenty (120) hours (prorated for part time employees) per calendar year military leave of absence (military leave). Military leave is granted without loss of pay, seniority, status, performance rating, vacation leave, sick leave or other benefits for all of the time the individual is engaged in training or service as ordered by an appropriate military authority. B. Upon returning to work, the elected official, department head or employee shall pay to the County all wages received from the National Guard or reserve forces for the time spent performing required military training or service, exclusive of any travel allowance or other expenses paid as indicated on the military voucher. The individual has the option of keeping his or her military pay in lieu of receiving his or her regular pay from the County for the time during which he or she was engaged in the military training or service. If an employee elects to keep the military pay, the County regular pay will be reduced by the per -day rate of the military pay for each workday served, up to one hundred twenty (120) hours (prorated for benefit eligible part time employees). The per -day rate is determined by the amount of the basic pay divided by the number of days served as indicated on the military pay voucher. The employee must provide a Leave and Earnings Statement (LES) for the time period served to determine the per -day rate and must forward a copy to the Department of Human Resources within thirty (30) days of returning to work at the County. C. If an elected official's, department head% or employee's military status changes from reserve to active in time of war or other emergency as declared by proper military authority (extending beyond the fifteen (15] days per calendar year (up to 120 hours)), the individual shall be entitled to leave without pay until reinstated following the active service time. D. Employees who serve in the armed forces reserves that must take leave from the County due to a conflict in the department work schedule and an armed forces assignment will indicate on their time sheet the leave time as military leave. This code will be designated as unpaid leave unless proper documentation is submitted to the Department of Human Resources and Payroll. E. To receive regular County pay for the military leave time (up to one hundred twenty (120) hours per calendar year is permitted (prorated for benefit eligible part time employees), the employee must provide orders to the Department of Human Resources prior to entering military leave. Since orders are not typically issued for weekend duty drills, the employee is responsible for providing the Department of Human Resources the LES for the time period in question in order to be paid for these military days. F. Upon returning to work, if the employee wants to be paid the wage differential, the employee must provide a military LES for the time period which covers the use of military leave. The documents should be sent to the Department of Human Resources within thirty (30) days of returning to work at the County. The Department of Human Resources will determine the amount of wages that will be paid to the employee. The amount is calculated by factoring a per -day rate paid from the military BASE wages only and then multiplying the county per -day rate by the number of days entered as military leave. G. Please note that, if the orders or an authorized attendance of drill assignment email is not received by the Department of Human Resources and Payroll, then the military hours will remain unpaid and no further action is needed to supply the military LES; however, if an employee did provide the orders or authorized attendance of drill assignment email so that the military leave was paid by the County, then the military LES must be received within the thirty -day time frame following the return of the employee from the military assignment or the military leave paid by the County will all be due back to the County. Page 12 (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld County Code Ordinance 2012-8; Weld County Code Ordinance 2015-18) Sec. 3-6-150. - Clinic time. A. Paid "clinic time" will be allotted to County employees who are enrolled in a County Health Plan ("eligible employees") to use for visits to the Weld County Employee Medical Clinic ("the clinic"). Eligible employees will be allotted a certain number of paid visits to the clinic during scheduled work hours, per calendar year, for personal healthcare, instead of being required to use their accrued leave. There is a maximum of three (3) hours allowed per visit. Employees attending appointments at the clinic with dependents will be required to use applicable accrued leave or schedule the visit during nonworking hours. Eligible employees will be allotted paid time for visits to the clinic. An annual allotment of paid visits for each eligible employee will be made in December of each year for use during the subsequent year. The employee can contact the Department of Human Resources for the current annual allotment of paid visits. B. Use of clinic time will be tracked by the eligible employee in PeopleSoft's Time and Labor System. After an eligible employee exhausts his or her annual allotment of paid visits, any subsequent visit to the Clinic during working hours shall be considered sick leave. If the employee has no sick leave or other applicable accrued leave, then leave without pay is to be used, if approved by the supervisor. Unused visits will expire on December 31 of each year and will not be carried over into the next year. Employees are encouraged to visit the clinic anytime during nonworking hours. It is the employee's responsibility to enter their Clinic Time to their timesheet, and the supervisor's responsibility to track this time. (Weld County Code Ordinance 2010-8; Weld County Code Ordinance 2012-8; Weld County Code Ordinance 2014-12) Page 13 Hello