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HomeMy WebLinkAboutORD-2010-088 Personnel Ordinance Article IV Employee Benefits Section 5.0 Employee LeaveArticle IV Employee Benefits 5.0 Annual Leave 5.1 General 6.44 --aoia - a y �d - o_f- *7 d Amended O1 /Ol /11 5.1.1 The County provides Annual Leave with pay for Permanent,.,_Provisional, Time - Limited employees, both Full Time and Part Time (regularly, scheduled at least 20 hours each workweek). This includes an employee appointed to a permanent position serving a probationary period. 5.1.2 Repealed Effective December 31, 2010. 5.1.3 Employees of the Sheriff s and Register of Deeds' departments are covered by the Annual Leave section of the Personnel Ordinance in the same manner as other County employees. The Sheriff and Register of Deeds themselves may voluntarily elect to be covered by this Section of the Ordinance. Such election maybe made upon initial adoption of this Section of the Ordinance or upon election to a term of office and is in effect for the term of office. If the Sheriff or Register of Deeds elects to be covered and exhausts available Annual Leave then his or her compensation is reduced by being placed on leave without pay for any additional Annual Leave period. This constitutes a voluntary reduction in compensation under G.S. 153A -92 b(1). 5.2 Using Leave Repealed Effective December 31, 2010 5.3 Earning Leave 5.3.1 Each Permanent, Provisional or Time - Limited employee earns Annual Leave based on the regular work schedule and the total years of Orange County service as a Permanent, Provisional or Time - Limited employee. 5.3.2 The earning rate for a Permanent, Provisional or Time - Limited Full Time employee regularly scheduled to work 40 hours each workweek is as follows: Total Years of Orange County Annual Leave Hours Earned Service Per Pay Period Per Year Less than 2 4.84 125.9 2 but less than 5 5.58 145.1 5 but less than 10 6.69 173.9 10 but less than 15 7.80 202.7 15 but less than 20 8.90 231.5 20 or more 10.01 260.3 5.3.3 Annual Leave earning is prorated for a Permanent employee working a regular work schedule other than 40 hours. 5.3.4 Annual Leave is earned in any pay period during which the employee works or is on paid leave one -half or more of the work days in the pay period. 5.4 Accumulating — Annual Leave Earned Annual Leave may be accumulated without a maximum until January 31 of each year. On that date, any accumulated Annual Leave in excess of 240 hours is converted to Sick Leave. The maximum amount of Annual Leave that can be carried forward to February 1 is 240 hours. 5.5 Approving Leave Repealed Effective December 31, 2010. 5.6 Responsibility Repealed Effective December 31, 2010. 5.7 Advancing Leave eave Repealed Effective December 31, 2010. 5.8 Effect of Separation on Annual Leave 5.8.1 Resignation, Layoff, Probationary Termination or Dismissal The employee is paid in a lump sum for Annual Leave accumulated to the date of separation, not to exceed a maximum of 240 hours. 5.8.2 Death A payment for accumulated Annual Leave is made in a lump sum, not to exceed 240 hours, to the estate of a deceased employee. 5.8.3 Final Paycheck If the employee has either been advanced or taken more leave than earned, the employee or the estate of the employee the employee or estate of the employee shall reimburse the County for the final paycheck of the employee. Frank Clifton said that his caution to the Board would be that if the County Commissioners do not want to make the commitment to economic development, then this should not be approved. Commissioner Jacobs said that he hopes that when this goes to public hearing, that this intent is made public that the County Commissioners are committed to economic development. VOTE: UNANIMOUS d. 2011 Employee Benefits Recommendations The Board considered employee benefits and leave recommendations for the 2011 Calendar Year and authorizing the Manager to sign the appropriate documents. Human Resources Director Michael McGinnis made the PowerPoint presentation. He said that there was a correction to Attachment 2, page 9. Under Health Insurance Participation, the Active Employees should be 692 instead of 69. He thanked the Board for reinstating the 401(k) contribution. County Manager's 2011 Employee Benefits Recommendation BOCC Regular Meeting October 5, 2010 Goal of the 2011 Benefits Recommendation •Maintain Health Care Plan & Minimize Rate Increases •Maintain Wellness & Chronic Conditions Control Programs *Review Self Insurance Option for Health Care Plan .Maintain Employer /Employee Health Care Rate Formula •Employer 100% for Employee Only Coverage *Employer 52% of Dependent Coverage *Increase Dental Reimbursements for Restorative Services *Consolidate Petty /Personal/Vacation Leaves 2011 Benefit Recommendation Challenges •Economic Crisis *No COLA/InRange Increases for 2nd Year *Personnel Services Cost Reduction Efforts •Increasing Health Care Costs *influence of Affordable Care Act •Growing Retiree Health Care Costs 2011 Strengths Health Care 63rd year of stable rate increases (Stable Loss Ratios) *More Wellness activities (Wellness Grant) •Affordable Care Act Early Retiree Reimbursement Program *Dental Care Increase (without fund increase) *Reinstatement of Employer 401 k Contribution *Consolidation of Leave (Personal +Petty +Vac = Annual) 2011 Health Care Considerations Health Care Renewal *No Reductions in Plan Design 'Rate Increase of 6.5% (Below Budget 7 %) *Enhancement (hearing aid allowance) Consideration: Reviewed Potential for Self- Insurance Renewal at fully- insured is more financially feasible for 2011 Affordable Care Act Early Retiree Reimbursement Program *Federal funds available to reimburse 80% of certain claims for pre -65 retirees *Available until the $5 billion appropriated is distributed. *Can only be used to reduce health costs oApplication is prepared and awaiting BOCC approval *Potential estimated reimbursement up to $150,000 over 18 months. 2011 Recommendation Dental Care *Maintain OC /Employee Contribution Amount •OC Contributed 100% for Employee Only Coverage •Employee Contributes 100% for Dependant Coverage *Increase in Reimbursement for Services *Major Restorative Services *No Increase in Dental Funding Needed Leave Consolidation *Current Leave Accumulations 'Vacation Based on Service (up to 240) *Personal 2 days per year (does not roll) *Petty 14 hours per year (does not roll) *Proposed Consolidation *Personal, Petty Leave & Vacation designations are eliminated *Personal, Petty and Vacation are consolidated into new designation "Annual Leave" *Annual Leave accumulates to 240 hours (above 240 rolls into Sick Leave) 2011 Benefits Recommendation .Authorize Manager to sign Early Retiree Reinsurance Program Application & Sponsor Agreement *Approve Renewal of Health Care Plan .Approve Resolution of Interlocal Agreement of Health Care Plan with NCACC .Approve Dental Reimbursement increase .Approve the Flexible Spending Account Changes *Approve Authorizing Manager to sign Met Life Agreement *Authorize payroll deductions for supplemental insurance benefits .Amend Personnel Ordinance on Employee Leave Commissioner Jacobs made reference to pages 1 and 2 and employee wellness and said that this is the second time this has been presented without mentioning the Sportsplex. He would like to know how much the County actually spends on the Sportsplex memberships for staff and what percentage of the staff use it. Commissioner Jacobs made reference to page 5 and the tuition refund program. He asked if meetings have been set up with Durham Tech to come and speak with the Human Resources Director and his staff to identify what would be the most fruitful programs to offer for educational enhancement. Frank Clifton said that they are now working on a program for EMS to set up a training program for paramedics. Commissioner Jacobs made reference to page 8 and the last item regarding changing legislation and how Orange County would be affected. He asked if this would be reducing the work schedule of all temporary staff so that they do not reach 30 hours per week and get health care coverage. Michael McGinnis said that this becomes effective in 2014. Currently, the County does not provide benefits to temporary employees. Between now and the effective date of this change, they will be looking at how to structure this employment. The intent is not to restrict health care to employees that are working a significant amount of time. Commissioner Jacobs encouraged staff to find a more charitable way to phrase this. Commissioner Pelissier made reference to the wellness events and said that one of the other benefits would be a decrease in sick leave. She asked if there has been any decrease in sick leave as a result of the wellness events and Michael McGinnis said that he has not investigated this. Commissioner Pelissier said that she would hope that as part of an annual review of employees that department heads would encourage employees to take advantage of outside educational opportunities. Frank Clifton said that in recent budgets, external training opportunities have been cut significantly, so they take every effort to consolidate training within departments. Michael McGinnis said that the employee appraisal process is being reviewed now and they are looking at this component more closely. Commissioner Hemminger suggested spelling out the retiree benefits because it is confusing. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to approve the Manager's recommendation, as amended: - Authorize the Manager to sign the Early Retiree Reinsurance Program Plan Sponsor Application and Plan Sponsor Agreement and authorize the Manager or designee to carry out the program; - Approve the renewal of the fully- insured health insurance plans with the NCACC at an increase of 6.5 %; - Approve the resolution and authorize the Manager to sign the NCACC Interlocal Agreement Group Self Insurance Fund for Risk Sharing or Group Purchase of Insurance for Health Care Trust Group Benefits, Liability and Property and Worker's Compensation Pools; - Approve changes to the Orange County Table of Allowances to increase the reimbursement amounts for Endodontics, Periodontics, Extractions, and Major Restorative Benefits; - Approve changes to the Flexible Compensation Plan, as mandated by the Affordable Care Act, to be implemented beginning January 1, 2011; - Approve the three -year rate renewal and authorize the Manager to sign any agreement with MetLife, pending review by the County Attorney; - Authorize employee payroll deductions for supplemental insurance benefits; and - Amend the Orange County Personnel Ordinance Article IV, Section 5.0 Employee Leave effective January 1, 2011 and repeal Article IV, Section 10.0 Petty Leave and 23.0 Personal Leave effective December 31, 2010. VOTE: UNANIMOUS 8. Reports -NONE 9. County Manager's Report Frank Clifton said that the staff is working on the Facility Use Policy but it has gotten more complicated than they originally thought as a result of the changes in hours, etc. It is in a draft process and being reviewed by various departments that are impacted. It will be a fairly extensive document with a lot of parameters. He said that there have been requests with regards to naming a County building. He has researched the policy and he will give a report in the near future about this. Regarding the' /. -cent sales tax referendum, the County has only spent money on educational materials. 10. County Attorney's Report - NONE 11. Appointments a. Animal Services Advisory Board — New Appointment The Board considered making a new appointment to the Orange County Animal Services Advisory Board. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to appoint Aviva Scully to the Orange County Animal Services Advisory Board to a partial term ending June 30, 2012. VOTE: UNANIMOUS b. Orange County Alcoholic Beverage Control (ABC) Board — New Appointment The Board considered making a new appointment to the Orange County Alcoholic Beverage Control (ABC) Board; and considered designating a member of the ABC Board as its Chair. A motion was made by Commissioner Hemminger, seconded by Commissioner Nelson to appoint Thomas Heffner to the Orange County Alcoholic Beverage Control (ABC) Board to a three -year term effective November 1, 2010 and ending June 30, 2013 and to appoint him as Chair for one year. Commissioner Jacobs said that he heard that Mr. Heffner might not be a resident of Orange County for the full three years. 23 ORD- a010 - 008 Orange County Personnel Ordinance Article IV,, Employee Benefits, Section 5.0 Employee Leave 5.1 General 5.1.1 The County provides Vaeatie Annual Leave with pay for Permanent, Provisional, Time-Limited employees, both Full Time and Part Time (regularly, scheduled at least 20 hours each workweek). This includes an employee appointed to a permanent position serving a probationary period. 1' .iT empleyees V not V Repealed December 31, 2010 5.1.32 Employees of the Sheriffs and Register of Deeds' Amended departments are covered by the Vaeatien Annual Leave olioi�2 section of the Personnel Ordinance y in the same manner as other County employees. The Sheriff and Register of Deeds themselves may voluntarily elect to be covered by the this Section of the Ordinance Vaeatie Le m =e ey. Such election maybe made upon initial adoption of this peliey Section of the Ordinance or upon election to a term of office and is in effect for the term of office. If the Sheriff or Register of Deeds elects to be covered and exhausts available Vaeatien Annual Leave then his or her compensation is reduced by being placed on leave without pay for any additional Vaeatien Annual Leave period. This constitutes a voluntary reduction in compensation under G.SMA; 153A - 92b(1). 5.2 Using V , -ati ,,,. Leave Repealed Effective December 31 2010 EMT • Repealed Effective December 31 2010 5.3 Earning Vacation Leave 5.3.1 Each Permanent, Provisional or Time - Limited employee earns Vaealie Annual Leave based on the regular work schedule and the total years of Orange County service as a Permanent, Provisional or Time - Limited employee. 5.3.2 The earning rate for a Permanent, Provisional or Time - Limited Full Time employee regularly scheduled to work 40 hours each workweek is as follows: Total Years of Orange County Vaeatien Annual Leave Hours Earned Service Per Mane PM Period Per Year Less than 2 S 0 4.84 96.0 125.9 2 but less than 5 94 5.58 445.2 145.1 5 but less than 10 42-.06.69 4440 173.9 10 but less than 15 44-47.80 472,8 202.7 15 but less than 20 46.8 8.90 201.6 231.5 20 or more 49-110.01 230.4 260.3 5.3.3 Vaeatie n Annual Leave earning is prorated for a Permanent employee working a regular work schedule other than 40 hours. 5.3.4 Vaeatie Annual Leave is earned in any month during which the employee works or is on paid leave one -half or more of the work days in the me in the pay period. 5.4 Accumulating Vaeatien Annual Leave Earned Vaeatie n Annual Leave may be accumulated without a Amended maximum until January 31 of each year. On that date, any ovis�a accumulated Vaeatie Annual Leave in excess of 240 hours is converted to Sick Leave. The maximum amount of Vaeatie Annual Leave that can be carried forward to February 1 is 240 hours. e!sessss:� 24 25 Repealed Effective December 31, 2010. 5.6 Respeasibjltv ,,. Repealed Effective December 31, 2010. 5.7 Advanein-g-Vaeation Leave Repealed Effective December 31, 2010. 5.8 Effect of Separation on Vacatien Annual Leave 5.8.1 Resignation, Layoff, Probationary Termination or Dismissal The employee is paid in a lump sum for Vaeatie Annual Leave accumulated to the date of separation, not to exceed a maximum of 240 hours. If the employee has taken more Vaeation Leave uQd; the employee reimbuFses the Geun4y for- a' —weave 5.8.2 Death A payment for accumulated Vaeatie Annual Leave is made in a lump sum, not to exceed 240 hours, to the estate of a deceased employee. 5.8.3 Final Paycheck Repealed Effective December 31, 2010. 5.7 Advanein-g-Vaeation Leave Repealed Effective December 31, 2010. 5.8 Effect of Separation on Vacatien Annual Leave 5.8.1 Resignation, Layoff, Probationary Termination or Dismissal The employee is paid in a lump sum for Vaeatie Annual Leave accumulated to the date of separation, not to exceed a maximum of 240 hours. If the employee has taken more Vaeation Leave uQd; the employee reimbuFses the Geun4y for- a' —weave 5.8.2 Death A payment for accumulated Vaeatie Annual Leave is made in a lump sum, not to exceed 240 hours, to the estate of a deceased employee. 5.8.3 Final Paycheck KW If the employee has either been advanced or taken more leave than earned, the employee or the estate of the employee the employee or estate of the employee shall reimburse the County for the final paycheck of the employee. 10.0 Petty Leave FAj ._ Mimi 11010i .. .-.a . q 2 10.2 Petty Leave be me o, a „l �. may wed matLefs which eannet /; v time lost t outside — e€ -efree -houfs r-epeiting to Ge as appropriate, exeept as eenditions. i .10.4 Any leave taken two ueuFs is to Vaeation Leave, above eha ged - -&& Leave, or- leave with6utpa=y 10.3 for- hamwdeus weather- as appropriate, exeept as eenditions. pr-eN4ded in .10.4 Any leave taken two ueuFs is to Vaeation Leave, above eha ged - -&& Leave, or- leave with6utpa=y 10.3 for- hamwdeus weather- as appropriate, exeept as eenditions. pr-eN4ded in Repealed Effective December 31, 2010 23.0 Personal Leave Days Orange County Personnel Rules and Regulations Effective Date: January 1, 2011 Annual Leave I. ORDINANCE Article IV,, Section 5.0Annual Leave 5.1 General 5.1.1 The County provides Annual Leave with pay for PermanentzProvisional, Time - Limited employees, both Full Time and Part Time (regularly, scheduled at least 20 hours each workweek). This includes an employee appointed to a permanent position serving a probationary period. 5.1.2 Repealed Effective December 31, 2010. Amended 5.1.3 Employees of the Sheriffs and Register of Deeds' departments 1 01/OW2 are covered by the Annual Leave section of the Personnel Ordinance in the same manner as other County employees. The Sheriff and Register of Deeds themselves may voluntarily elect to be covered by this Section of the Ordinance. Such election maybe made upon initial adoption of this Section of the Ordinance or upon election to a term of office and is in effect for the term of office. If the Sheriff or Register of Deeds elects to be covered and exhausts available Annual Leave then his or her compensation is reduced by being placed on leave without pay for any additional Annual Leave period. This constitutes a voluntary reduction in compensation under G.S. 153A -92 b(1). 5.2 Using Leave Repealed Effective December 31, 2010 5.3 Earning Leave 5.3.1 Each Permanent, Provisional or Time - Limited employee earns Annual Leave based on the regular work schedule and the total years of Orange County service as a Permanent, Provisional or Time - Limited employee. 5.3.2 The earning rate for a Permanent, Provisional or Time - Limited Full Time employee regularly scheduled to work 40 hours each workweek is as follows: Total Years of Orange County Annual Leave Hours Earned Service Per Pay Period Per Year Less than 2 4.84 125.9 2 but less than 5 5.58 145.1 5 but less than 10 6.69 173.9 Issue Date: January 1, 2011 Page 1 29 Orange County Personnel Rules and Regulations Effective Date: January 1, 2011 30 10 but less than 15 15 but less than 20 20 or more 7.80 202.7 8.90 231.5 10.01 260.3 53.3 Annual Leave earning is prorated for a Permanent employee working a regular work schedule other than 40 hours. 5.3.4 Annual Leave is earned in any pay period during which the employee works or is on paid leave one -half or more of the work days in the pay period. 5.4 Accumulating — Annual Leave Earned Annual Leave may be accumulated without a maximum until Amended January 31 of each year. On that date, any accumulated Annual Leave 01/18/94 in excess of 240 hours is converted to Sick Leave. The maximum amount of Annual Leave that can be carried forward to February 1 is 240 hours. 5.5 Ap rp oy]ng Leave Repealed Effective December 31, 2010. 5.6 Responsibility Repealed Effective December 31, 2010. 5.7 Advancing Leave Repealed Effective December 31, 2010. 5.8 Effect of Separation on Annual Leave 5.8.1 Resignation, Layoff, Probationary Termination or Dismissal The employee is paid in a lump sum for Annual Leave accumulated to the date of separation, not to exceed a maximum of 240 hours. 5.8.2 Death A payment for accumulated Annual Leave is made in a lump sum, not to exceed 240 hours, to the estate of a deceased employee. 5.8.3 Final Paycheck If the employee has either been advanced or taken more leave than earned, the employee or the estate of the employee the employee or estate of the employee shall reimburse the County for the final paycheck of the employee. Issue Date: January 1, 2011 Page 2 Orange County Personnel Rules and Regulations Effective Date: January 1, 2011 31 H. AUTHORITY The purpose of this rule is to implement and give effect to Article IV, Section 5.0 of the Orange County Personnel Ordinance, * Annual Leave. These Administrative Rules and Procedures provide for consistent application of the Ordinance to ensure that Orange County employees are treated in a consistent manner. III. RULE • Orange County provides paid Annual Leave to eligible County employees in each pay period in which the employee is on active pay status based on their regular work schedule and total years of Orange County Service. IV. ADMINISTRATIVE RULES AND REGULATIONS A. Eligibility. 1. County Employees. Permanent, Provisional and Time - Limited employees, both full and part-time (regularly scheduled at least 20 hours each workweek). This includes employees appointed to a permanent position serving a probationary period. 2. Employees of the Sheriff's and Register of Deeds' Offices are covered by this Section of the Personnel Ordinance in the same manner as other County employees. 3. The Sheriff and Register of Deeds may be covered if they voluntarily elect to be covered either upon the initial adoption of this section of the Ordinance or upon election to a term of office. B. Using Annual Leave 1. Annual leave may be used for the following reasons: a. Vacation or other personal reasons; b. Sick Leave with the approval of the supervisor, c. Absences due to adverse weather conditions if the County Manager does not authorize the use of Administrative Leave; d. Funeral Leave for relatives not covered by the Funeral Leave provision of the Personnel Ordinance; e. Religious observance; and f. Any other reason approved by the County Manager. 2. Annual leave may be taken only with the approval of the department director or their designee. Issue Date: January 1, 2011 Page 3 Orange County Personnel Rules and Regulations Effective Date: January 1, 2011 32 a. The scheduling of Annual Leave must take the department's operating requirements into account. b. Annual Leave may be taken in increments of 15 minutes or greater. C. A holiday is not charged as Annual Leave when it occurs during a period of scheduled Annual Leave. 3. Responsibility. The Department Director is responsible for maintaining accurate annual leave records and for the application of the annual leave provision of the Personnel Ordinance.: C. Earning and Accumulation of Annual Leave. 1. Eligible employees will earn annual leave based on their regular work schedule and years of county services. Eligible full-time employees shall earn annual leave as provided in Article IV, Section 5.3.2 of the Orange County Personnel Ordinance. 2. Eligible part-time employees annual leave earnings will be prorated. The Human Resources Department shall calculate the prorated earning rate and provide it to the operating department of the part time employee. 3. There is no maximum amount of earned annual leave that may be accumulated up to January 31 of each year; however, on January 31" any accumulated annual leave in excess of 240 hours will be converted to sick leave. D. Advancing Annual Leave. Annual leave may not be advanced before it is earned; however, in hardship situations annual leave may be advanced with the approval of the County Manager. An employee shall forward a request to advance annual leave to their Department Director. 2. The Department Director shall forward the annual leave request to Human Resources with a memorandum indicating the impact of the request on County operations. 3. Human Resources shall forward the request to the County Manager with a recommendation and the impact statement from the Department. 4. The County Manager shall make a decision of the request for advancing annual leave within five business days of receipt. 5. If leave is approved, the Human Resource Department will prepare - an "Authorization to Withhold Wages" to be signed by the employee authorizing the County to deduct wages from the employee's final paycheck if the employee is Issue Date: January 1, 2011 Page 4 Orange County Personnel Rules and Regulations Effective Date: January 1, 2011 33 separated from employment with the County prior to reimbursing County for leave advanced. E. Effect of Separation of Annual Leave. 1. Resignation, Layoff, Probationary Termination or Dismissal. In the event of a resignation, layoff, probationary termination or dismissal an employee shall be paid accumulated annual leave up to the date of separation in a lump sum, not to exceed a maximum of 240 hours. 2. Death. In the event of an employee's death, the estate of the deceased employee shall be paid accumulated annual leave up the date of death in a lump sum, not-to exceed a maximum of 240 hours. 4. Advanced Leave. In the event that a separated employee has been advanced or taken more annual leave than earned, the employee (or estate of the employee) shall reimburse the County for all annual leave taken from the employee's final paycheck. This Policy will be effective: January 1, 2011 Frank W. Clifton, County Manager Issue Date: January 1, 2011 Page 5