HomeMy WebLinkAboutAgenda - 01-20-2011 - 4fORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 20, 2011
Action Agenda
Item No. ~- ~ 'F
SUBJECT: Amendment to the Orange County Personnel Ordinance, Article IV, Section 6.0,
Sick Leave and Correction of Previous Amendment to Article VI, Sections 5.1
and 5.2 of The Position Classification Plan
DEPARTMENT: Human Resources
PUBLIC HEARING: (YIN) No
ATTACHMENT(S):
1. Amendment to Article IV, Section 6.0,
Sick Leave, of the Personnel
Ordinance and Rules and Regulations
2. Correction of Amendment to Article VI,
Sections 5.1 and 5.2 of The Position
Classification Plan of the Personnel
Ordinance
INFORMATION CONTACT:
Michael McGinnis, Human Resources
Director, 245-2552
Katherine Cathey, Organizational
Development Manager, 245-2553
County Attorney's Office, 245-2320
PURPOSE: To consider an amendment to the Orange County Personnel Ordinance, Article IV,
Section 6.0, Sick Leave, to align Sick Leave accrual and usage with Annual Leave and to
correct the September 2, 2010 amendment to Article VI, The Position Classification Plan,
Sections 5.1 and 5.2.
BACKGROUND: As the County moves toward implementation of an automated timekeeping
program, staff proposes changes to Sick Leave that correspond to the way employees accrue
and use Annual Leave. Effective January, 29, 2011, eligible full-time employees would earn 3.7
hours of Sick Leave on a bi-weekly basis, for a total of 96.2 hours of Sick Leave per year, and
would be able to use Sick Leave in increments of 15 minutes. Eligible full-time employees
currently accrue 8.0 hours of Sick Leave per month, for a total of 96.0 hours per year, and are
able to use Sick Leave in increments of 30 minutes. Attachment 1 provides the proposed
changes to the Personnel Ordinance with corresponding Rules and Regulations proffered by
the County Manager.
The proposed amendment to Article VI, The Position Classification Plan, Sections 5.1 and 5.2
was presented to the Board on September 2, 2010 for approval on second reading. The
attachment did not accurately reflect the language of the amendment originally approved by the
Board on August 17, 2010. Attachment 2 corrects the language presented in the September 2,
2010 attachment.
FINANCIAL IMPACT: Leave is already incorporated into annual salaries, and all
reclassifications of positions are funded through approved appropriations in the annual
operating budget for each fiscal year.
2
RECOMMENDATION(S): The Manager recommends the Board approve the amendment to
the Orange County Personnel Ordinance, Article IV, Section 6.0, Sick Leave and correct the
September 2, 2010 amendment to Article VI, Sections 5.1 and 5.2 of The Position Classification
Plan.
Orange County Personnel Rules and Regulations Effective Date: January 29, 2011 3
Sick Leave ~~ D _ ~ ~ (+ , ~ o ~
I. ORDINANCE
Article IV, Section 6.0, Sick Leave
6.1 General
6.1.1 The County provides Sick Leave with pay for Permanent, Provisional, and
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.
6.1.2 -r°r..,,.°,..,..<, ° ~~„<,°°~ a„ .,,,+ ° ,..., e;°v r °,<,a Repealed Effective January
28, 2011.
6.1.3 Employees of the Sheriffs and Register of Deeds' departments Amended
are covered by the Sick Leave po-kc-y-section of the Personnel 01/01/92
Ordinance in the same manner as other County employees. The
Sheriff and Register of Deeds themselves may voluntarily elect to be
covered by the-~~e-lc-zeuv~i~~his section of the Ordinance. Such
election may be made upon initial adoption of this po~3~--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 Sick Leave then his or her compensation is reduced by
being placed on leave without pay for any additional Sick leave period.
This constitutes a voluntary reduction in compensation under
~'~~GSI53A-92b(1).
6.2 Using Sick Leave
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6.3 Earning Sick Leave
Issue Date: January 29, 2011 Page 1
Orange County Personnel Rules and Regulations Effective Date: January 29, ZO11 4
6.3.1 Each Permanent1 Provisional or Time-Limited employee earns Sick Leave
based on the regular work schedule.
6.3.2 A Permanent, Provisional or Time-Limited Full Time employee regularly
scheduled to work 40 hours each workweek earns Sick Leave at a rate of
eft-3.7 hours each me~#-pav period or 96.2 hours each year.
b.3.3 Sick Leave earning is prorated for Permanent_ Provisional or Time-
Linvited employee working a regular work schedule other than 40 hours.
6.3.4 Sick Leave is earned during any mentli-pay period in which the employee
works or is on paid leave one-half or more of the work days in the
me~rthpav period.
6.3.5 In addition to Sick Leave earned, any accumulated-: ~n Amended
Annual Leave in excess of 240 hours as of January 31 of each o2/os/o2
year is converted to Sick Leave. This converted Sick Leave is
used in the same manner as earned Sick Leave. As with other Sick Leave,
any unused converted Sick Leave is counted toward creditable service at
retirement as authorized by the N.C. Local Government Employees
Retirement System.
b.4 Accumulating Sick Leave
Unused Sick Leave is cumulative and there is no maximum amount which may be
accumulated.
b.5 Transferring Sick Leave
b.5.1 Anew Permanent, Provisional or Tiine-Limited employee may transfer
earned, unused Sick Leave from another local government unit in North
Carolina or from a North Carolina State agency if the transfer occurs
within 12 months of employment with that unit or agency.
6.5.2 Any Sick Leave transfer requires proper verification of accumulated Sick
Leave by the unit or agency which the employee is leaving. The employee
is responsible for obtaining such verification.
b.5.3 For Permanent employees as of January 1, 1992 this transfer Amended
provision is retroactive to the effective date of any covered 01/01/92
transfer.
b.b Reinstating Sick Leave
Issue Date: January 29, 2011 Page 2
Orange County Personnel Rules and Regulations Effective Date: January 29, 2011
A former Permanent. Provisional or Time-LiTnited Orange County employee who
is reinstated as a Permanent. Provisional o:r Tirne-Limited employee within one
year after separation is credited with previously accumulated Sick Leave, upon
reinstatement.
6.7 Approving Sick Leave
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6.8 Responsibility
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Issue Date: January 29, 2011 Page 3
Orange County Personnel Rules and Regulations Effective Date: January 29, 2011
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Repealed Effective January 28, 2011..
6.9 Advancin>; Sick Leave
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Repealed Effective January 28, 2011.
6.10 Effect of Separation on Sick Leave
6.10.1. Resignation I ayoff Probationary Termination or Dismissal.
At separation, the employee receives no pay for accumulated, unused Sick
Leave. T~+>, t >, + t o ~;,.v r o o +t,., oar :~ ~;,.tr
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6.10.2. Final Paycheck
If the employee has either been advanced or taken more leave than earned,
the employee or the estate of the employee shall reimburse the CoLmty
from the final paycheck of the employee.
II. AUTHORITY
The purpose of this rule is to implement and give effect to Article IV, Section 6.0 of the Orange
County Personnel Ordinance Sick Leave These Administrative Rules and Procedures provide
for consistent implication of the Ordinance to ensure that Orange County employees are treated
in a consistent manner.
III. RULE
• Orange County provides ,paid Sick Leave to eligible County employees in each pay
period in which the en~lovee is on active ~w status on-half or more of the work days in
the pay period.
Issue Date: January 29, 2011 Page 4
Orange County Personnel Rules and Regulations Effective Date: January 29, 2011
IV. ADMINIS~I'12ATIVE RULES AND REGULATIONS
A. Eligibility.
1. County Employees. Permanent Provisional and Time-Limited employees, both fizll
and part-time (regularly scheduled at least 20 hours each. workweeks "Chs 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 znan:ner as other County employees.
3 The Sheriff and Rez~ister 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. Usin6 Sick :Leave
1. Sick leave may be used for the following reasons-
a. Physical or mental illness or injury which prevents the employee from
performing the usual duties including a pre nancy-related disability.
b Care of an ill member of the employee's immediate family. For this purpose,
immediate family is defined as the employee's spouse, parent. child, or
domestic partner as defined in policy.
c Medical or dental appointments including those necessary for the care of a
member of the employee's immediate family.
d Appointments with the Employee Assistance Pro rg any provider.
2 Sick leave may be taken only with the approval of the Department Director or their
designee.
a The employee dives the supervisor reasonable advance notice of any absence
for which Sick Leave is requested such as scheduled appointments or
anticipated hos~talization 1n this way the supezvi.sor may arrange for.
coverage durin tg he em_,ployee's absence.
b In the case of unexpected absence for which Sick Leave is requested. the
employee is responsible for notifying the supervisar of the absence no later
than durinz the first half-hour of work on the da~of the absence. Employees
in the Sheriffs Office Emergency Sezvices Public Works, or others _ as
necessary notify the supervisor prior to the time scheduled to ~o on duty in
accordance with departmental o ep rating procedures.
c The supervisor mawrequire a physician's statement regarding the nature of the
illness and the employee's capacity to resume work.
Issue Date: January 29, 2011 Page 5
Orange County Personnel Rules and Regulations Effective Date: January 29, 2011
d. Failure to notify the supervisor of absence or improper use of Sick. heave may
result in loss of'paY and/or disciplinary action.
e. Sick Leave may be taken in increments of 15 minutes or greater.
f A holiday is not cllaraed as Sick Leave when it occurs during a period of
scheduled Sick Leave.
3 Responsibility The Department Director is responsible for maintaining accurate sick
leave records and for the application of the sick leave_,provision of the Personnel
Ordinance. The Departrent Director assures that:
a An employee is not on duty when he or she might endanser his or her health.
or the health of other employees;
b An employee is not on duty when due to temporary disability or illness the
employee cannot perform essential duties required of the job•
c. There is no abuse of Sick Leave privileges.
C. Earning and Aecumulatian of Sick Leave.
1 Eligible employees will earn sick leave based on their regular work schedule.
Eligible full-time employees shall earn sick leave as provided in Article IV, Section
6.3.2 of the Orange County Personnel Ordinance.
2 Eligible part-time employees' sick leave earnings will be prorated. The Human
Resolu•ces Department shall calculate the prorated earning rate and provide it to the
o~eratin~ department of the part-tune employee.
3 In addition to Sick Leave earned any accLUnulated Vacation Annual Leave in excess
of 240 hours as of January 31 of each year is converted to Sick Leave. Tlus converted
Sick Leave is used in the same manner as eaa-ned Sick Leave.
4 Unused Sick Leave is cumulative and there is no maximum amount which may be
accumulated.
D Advancing Sick Leave Sick leave may not be advanced before it is earned; however, in
hardship situations sick leave may be advanced with the approval of the County Manager.
1 An emplo ee shall forward a request to advance sick leave to their Dep<~rtment
Director.
2 The Department Director shall forward the sick leave request to 1-itunan. Resources
with a memorandum indicating the impact of the request on County operations.
Issue Date: January 29, 2011 Page 6
Orange County Personnel Rules and Regulations Effective Date: January 29, 2011
3. Human Resources shall forward the request to the County Manager with a
recommendation and the impact statement front the Department.
4. The Cotuirir Manager shall make a decision of the request for advancing sick leave
within five business days of receipt.
~ If leave is approved the Human Resources Department will prepare an
`:authorization to Withhold Wages" to be signed by the employee authorizing the
Cotuit~ to deduct wades from the employee's final paycheck if the employee is
separated from employment with the County prior to reimbursing County for leave
advanced.
E. Effect of Separation on Sick Leave.
I Separation At separation the employee receives no pay for acciunulated unused
Sick Leave.
2 Advanced Leave In the event that a separated employee has been advanced or taken
more sick leave than earned the employee (or estate of the employee) shall reimburse
the County for all sick leave taken from the employee's final paycheck.
This Policy will be effective: January 29, 2011
Frank W. Clifton, County Manager
Date
Issue Date: 3anuary 29, 2011 Page 7
~~~~ik~!
Orange County Personnel Ordinance Issue Date: January 20, 2011
o~D-ao~l-oo~
Article VI
The Position Classification Plan
S.0 Responsibilities
5.1 Board of County Commissioners
Amended
01/20/2011
09/02/2010
5.1.1 A permanent position may be established or eliminated by the Board of
County Commissioners.
5.1.2 A permanent increase or reduction in hours of an established permanent
part time position requires approval of the Board of County
Commissioners.
5.1.3 Adopts the Position Classification Plan arulually.
...:~.:i
1
5.2 County Manager
The County Manager is responsible for the administration and maintenance of the
position classification plan, including:
5.2.1 Revising the Classification Plan, as appropriate, during the fiscal year
within the funds allocated in the budget which shall include but is not
limited to:
5.2.1.1 Allocating or reallocating an established position to a new or
established class within the Classification Plan as a result in a
change in assigned duties or responsibilities; and
5.2.1.2 Changing the title of re~l~3g--an existing class to a new or
established class within the Classification Plan.
5.2.2 For any revision to the Classification Plan, assigning the position to the
appropriate salary grade within the salary scheduled approved by the
Board of County Commissioners.
5.2.3 Reporting revisions of the plan to the Board of County Commissioners
within thirty (30) days of the action taken and providing the Board with an
annual summary report.
~~
Article VI -Page 1
Orange County Personnel Ordinance Issue Date: January 20, 2011 1 1
5.2.4 Approving temporarily an increase in the hours of a permanent part-time
position to meet immediate operating needs.
Article VI -Page 2