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HomeMy WebLinkAboutORD-2011 Article IV Employee Benefits~. Personnel Ordinance I.ssup noto • Article IV 29, 201I Employee Benefits 1.0 Worker's Compensation Leave Amenaea 6/26/07 ~ In accordance with the provisions of the North Carolina Worker's Compensation Act, Orange County will provide for employees protected under the Act who by accident suffer personal injury or occupational disease arising out of and in the course of their employment with the County. (See NCGS 97-1, et. seq., The North Carolina Worker's Compensation Act) The County Manager will promulgate rules and regulations consistent with the North Carolina Worker's Compensation Act necessary to carry out the provisions of this Article. Please see the link below for complete Rules and Regulations. http:/,/serverl.co.oranee.nc.us/Pers%documentslWorkersCompensationRulesanciRe~lations070108 OOO.doc 2.0 Social Security Orange County will comply with the Federal Social Security Laws by matching its employees' deductions with equal payments to the system. 2.1 If an employee serves under Federal appointment and is required to contribute to both the Civil Service Retirement System and Local Governmental Employees Retirement System, the employees will be exempt and will not have Social Security Contributions withheld from pay. 3.0 Administrative Leave ~ 3.1 County Government shall remain accessible to the citizens. Many Amended critical functions must be staffed regardless of the weather conditions. oi~is~oi However, when severe storms cause extremely hazardous driving conditions, the County Manager may modify County operations in accordance with the Hazardous Weather Plan, including determining any closings or delayed openings. During periods of hazardous weather conditions the following applies to employees: * -Administrative Leave as determined by the County Manager is granted for officially delayed openings and/or early closings. -Vacation Leave, Personal Leave Days and/or Petty Leave are charged or time may be made up at a later date as provided in the Hazardous Weather Plan when employees elect not to report for work, report late or leave early. Article IV - Page 1 ~ Orange County Personnel Ordinance Issue Date: January 25, 2011 -Pay at the employee's hourly rate for hours worked during an official closing in addition to regular pay is granted to FLSA non-exempt employees re uired to work when the offices are officially closed due to hazardous weather. *Employees of the Sheriff's Department and Emergency Management Services are not covered by this section and operate under the respective department's hazardous weather plan. 4.0 Holidays and Holiday Pay This policy covers the observance and payment of holidays. 4.1 Holidavs Orange County grants 11 holidays each year as follows: New Year's Day Martin Luther King, Jr.'s Birthday Easter Holiday Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas (3 days) 4.2 Holiday S~hedule Amencled O1/Oi/93 The holiday schedule is issued on a calendar year basis to each department head. Department heads post and advise employees of the holiday schedule. 4.3 Holiday Pay 4.3.1 The County provides Holiday Pay for Permanent 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 p~riod. 4.3.2 Temporary employees do not receive pay for a holiday not worked. 4.3.3 Holiday Pay is the equivalent of the straight time pay for the employee's regular daily work hours. Examples For an employee regularly Holiday Pay is the strai~ Article IV - Page 2 Orange Counry Personnel Ordinance Issue Date: January 29, 2011 scheduled to work: time eQUivalent of: 8 Hours 12 Hours 4 Hours 8 Hours 12 Hours 4 Hours 4.3.4 To be eligible to receive Holiday Pay, the employee must be in pay status the day before and the day after the holiday. 4.3.5 The County Holiday Schedule is set for those permanent employees whose regular work schedule is Monday through Friday. When a County Holiday falls outside the employee's regular work schedule, the employee receives Holiday Pay for the Holiday which falls outside of the work schedule and does not receive time off. In this way, each eligible employee receives the 11 authorized holidays. Exam le: Bernice Jones, Deputy Sheriff, is scheduled to work Tuesday through Saturday. The Memorial Day holiday falls outside of her work schedule. She does not work on Memorial Day. She receives Holiday Pay for the Memorial Day holiday and does not receive time off on another date. 4.3.6 Holidays which occur during an employee's Sick Leave or Vacation Leave are not charged as Sick or Vacation Leave. Exception: For an EMS or Sheriff s Department employee, approved leave is required for any absence on a scheduled holiday and such leave is paid in addition to holiday pay. 4.3.7 Holiday Pay is not included in any lump sum payment to an employee for accumulated Vacation Leave upon separation. 4.4 Compensation for Holidav W~ 4.4.1 The department head approves in advance that the employee's services are required on any scheduled holiday. 4.4.2 Each eligible non-exempt employee under the Federal Fair Amended Labor Standards Act (FLSA) who is required to work on a o3~2o~oi holiday receives Holiday Pay as well as compensation for the hours worked on the holiday. Compensation for hours worked on a holiday normally is as pay. Article IV - Page 3 ~ Orange County Personnel Ordinance Issue Date: January 25, 2011 Example: Bob Smith, Telecommunicator, is regularly scheduled to work 12 hours each workday. Mr. Smith is required to work 12 hours on Independence Day. He receives: -12 hours pay for the 12 hours worked on the holiday and -Holiday Pay (equivalent to 12 hours straight time pay) for the holiday. The Department Head may allow the employee to elect time off in lieu of pay if department operating requirements permit. Amenaea 03/20/Ol Any such time off must be taken by the end of the calendar year or it is paid. 4.4.3 If the hours worked on the holiday are less than the Amended employee's regularly scheduled hours, the employee is o3~20~01 compensated for the regularly scheduled hours. Exam~le: Bob Smith, Solid Waste Collector, is regularly scheduled to work 8 hours each workday. Mr. Smith is required to work 6 hours on Independence Day; that is, two hours less than his regular work schedule. He receives: -8 hours pay for the 6 hours worked on the holiday and -Holiday Pay (equivalent to 8 hours straight time pay) for the holiday. 4.4.4 In urgent operating circumstances, the Manager may authorize pay for holiday work as provided in Item 4.4 for an eligible FLSA exempt employee. 4.4.5 Holiday Pay is a separate consideration from and has no Amended bearing on overtime pay. An eligible employee who works os~2o~oi on a holiday receives Holiday Pay and compensation for the hours worked as noted in Items 4.4.2 and 4.4.3. In addition, he or she receives overtime pay for which eligible, if any. 5.0 Annual Leave 5.1 General Amenaea Ol/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. Article IV - Page 4 y Personnel Ordinance Issue Date: January 29, 2011 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 Earnin~ 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 Countv Service Annual Leave Hours Earned Per Pav Period Per Year Less than 2 2 but less than 5 5 but less than 10 10 but less than 15 15 but less than 20 20 or more 4.84 125.9 5.58 145.1 6.69 173.9 7.80 202.7 8.90 231.5 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 Accumulatin~ - Annual Leave Article IV - Page 5 ,. no..~~~~vl nrdinance Issue Date: January 25, 2011 Earned Annual Leave may be accumulat~ a~'~'~°u 1 L ave in excesslof 240 hours of each year. On that date, any accumula is converted to Sick Leave. The maximum amount of Annual Leave that can be carried forward to February 1 is 240 hours. 5.5 Avproving Leave Repealed Effective December 31, 2010. 5.6 Responsibilitv Repealed Effective December 31, 2010. 5,7 Advancing Leave Repealed Effective December 31, 2010. 5.8 Effect of Senaration 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. S,g.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. Please click the link below for complete Rules and Regulations. httv //serverl co oran~e nc us/Pers/documents/AnnualLeave1-1-2011.pdf 6. 0 Sick Leave Ame„aea Ol/29/11 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, Article IV - Page 6 .. _~.__...... D~r~,.~NOI nrdinance Issue Date: January 29, 2011 scheduled at least 20 hours each workweek). This includes an employee appointed to a permanent position serving a probationary period. 6.1.2 Repealed Effective January 28, 201 l. 6.1.3 Employees of the Sheriffs and Register of Deeds' depar onnel ~ 291 a are covered by the Sick Leave section of the Pe 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 may be 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 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 GS153A-92b(1). 6.2 Usin~ Sick Leave Repealed Effective January 28, 2011. 6.3 Earnin ~ Sick Leave 3.1 6 Each Permanent, Provisional or Time-Limited employee earns 0 29 aie . Sick Leave based on the regular work schedule. 6.3.2 A Permanent, Provisional or Time-Limited Full Time Amended employee regularly scheduled to work 40 hours each oi~29~ii kweek earns Sick Leave at a rate of 3.7 hours each pay w or period or 96.2 hours each year. 6.3.3 Sick Leave earning is prorated for Permanent, Provisional or Amended Time-Limited employee working a regular work schedule oi~29~~i other than 40 hours. 6.3.4 Sick Leave is earned during any pay period in which the Amended employee works or is on paid leave one-half or more of the oi~z9ni work days in the pay period. 3.5 6 In addition to Sick Leave earned, any accumulated Annual ~ m d . Leave in excess of 240 hours as of January 31 of each year is 911 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. Article IV - Page 7 ; ', "~ .• ,. , '; ,; nar~~~npl Ordinance Issue Date: January 25, 2011 6.4 Accumulatin~ Sic~Ve Unused Sick Leave is cumulative and there is no maximum amount which may be accumulated. 6.5 Transfe~n¢ Sick Leave 6.5.1 A new Permanent, Provisional or Time-Limited employee A~ended may transfer earned, unused Sick Leave from another local Ol/29/11 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. 6.5.3 For Permanent employees as of January 1, 1992 this transfer ~ m 1 92 p r o v i s i o n is retroactive to the effective date of any covered transfer. 6.6 Reinstatin~ Sick Leave A former Permanent, Provisional or Time-Limited Orange County Amended employee who is reinstated as a Permanent, Provisional or Time- oin9ni Limited employee within one year after separation is credited with previously accumulated Sick Leave, upon reinstatement. 6.7 Approvin~ Sick Leave Repealed Effective January 28, 2011. 6.8 Responsibilitv Repealed Effective January 28, 2011. 6.9 Advancin~ Sick Leave Repealed Effective January 28, 2011. 6.9 Effect of Separation on Sick Leave 6.10.1 Resignation, Layoff, Probationary Termination or Dismissal the employee receives no pay for accumulated Amended At separation, oin9n~ unused Sick Leave. Article IV - Page 8 Issue Date: January 29, 2011 ~range County Personnel" ~rdinance 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 County from the final paycheck of the employee Please click the link below for complete Rules and Regulations. ht //serverl co oran~e nc us/Pers/documents/sickleaverulesandre~s.pdf 7.0 Health Insurance Amended 09/21/04 It is the policy of Orange County to provide permanent employees both full- time and part-time (regularly scheduled at least 20 hours each workweek) with group health insurance. The cost to the employee for group health insurance is determined each year. Employees also have the option, at additional expense, to cover the employee's spouse, dependent child(ren), domestic partner as defined in policy and/or family. 7.1 Effective Date Coverage is effective on the first day of the month following the date of employment. 7.2 Retiree Health Insurance Amended 09/Ol/97 The County provides retiree health insurance and contributes toward the cost of this for eligible employees. 7.2.1 Employees Eligible An employee is eligible for retiree health insurance if he or she retires from Orange County and meets one of the following criteria. • Has at least 10 years of total Orange County Service as a permanent employee. • Is age 65 or older and has at least five years of total Orange County Service as a permanent employee. • Is retiring on a Disability Retirement and has at least five years of total Orange County Service as a permanent employee. 7.2.2 Eligibility Period To Elect Participation In Retiree Health Insurance To participate in retiree health insurance, the eligible retiree must be retiring directly from Orange County and request such participation within 30 calendar days of the last date of employment. Article IV - Page 9 Personnel Ordinance Issue Date: 7.2.3 Retiree Health Insurance Plans Available For an eligible retiree under age 65: 25, 2011 The retiree is covered under one of the County's group health insurance plans. The retiree remains on the County group health insurance plan in which enrolled at retirement. Duri O~ er County health n uran e plan as period, the retiree may change to an well as add or drop dependents. For an eligible retiree age 65 or older: Medicare becomes the primary insurer and the County becomes the secondary insurer. County group health insurance ends. The retiree enrolls in Medicare Part A and Part B and pays the cost. The County provides Medicare supplement insurance, as specified in this Ordinance. 7.2.4 County Contribution For Retiree Health Insurance Effective July 1, 2008, Orange County will not subsidize the o~jol~oa cost of retiree dependent health care for employees hired after July 1, 2008. For an eligible retiree with 10 years of total Orange County service as a permanent employee, the County subsides the cost of retiree health insurance as follows: Retiree/Devendent Retiree under 65 Dependent undet 65 Dependent 65 or over Health Plan Twe Group Health Plan Group Health Plan Medicare Supplement Retiree 65 and over Medicare Supplement Dependent under 65 Group Health Plan Dependent 65 or over Medicare Supplement Retiree Den- e~dent Suvv~ 1e~ent* Suvvlement* 100% 52% None 100% None None For an eligible retiree, age 65 or retiring on a disability retirement, with five years, but less than 10 years of total Orange County service as a permanent employee, the County subsides the cost of retiree health insurance as follows: Retiree De*~endent Health Plan Twe SuvUlement* SUAA~Ien?ent* --~- Retiree/Devendent Retiree under age 65 Grou Health Plan P 50% 260~0 Dependent under 65 Group Health Plan None Dependent 65 or over Medicare Supplement Article IV - Page 10 Coun n,...~,..,.,ol nrdinariCB Issue Date: January 29, 2011 Retiree 65 or over Medicare Supplement Dependent under 65 Group Health Plan Dependent 65 or over Medicare Supplement * The County pays the percentage shown of the cost not to exceed the amount it contributes for individual/dependent coverage for current employees. The retiree pays the cost for any group health insurance or Medicare supplement coverage for the retiree or the depend rov deslno more than the County contribution. If the retiree waives coverage, the County p cash payment in lieu of such coverage. The retiree pays Orange County any required premiums monthly. With appropriate notice, the County terminates coverage when premiums are more than 30 days past due. T1 ~ ntt~ ve agefor a dependents the retiree directly for any Medicare supp Upon the death of the retiree enrolled in the County retiree health insurance, the County offers a dependent on group health insurance continuation of coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA)• The dependent is eligible for such coverage for up to 36 months (or until attaining age 65) provided the dependent pays the full cost of this coverage. ~,2,5 payment Of Premiums For Which The Retiree Is Responsible 7.2.6 Dependent Under Age 65 At Death of Eligible Retiree 7.2.7 Eligible Retiree Returning To Work In NC Local Government so°io None None If the retiree returns to work with another North Carolina Local Government employer in a position which offers group health insurance coverage (whether the employee elects it or not), Orange County cancels the retiree's health insurance coverage through Orange County and such coverage may not be reinstated. 7.3 COBRA Covera~e Amended 09/21/04 Under the Consolidated h~m~lbare overageltol persons who~wou d~ otherwise Orange County contmu lose coverage under a health care plan due to specific events provided the employee, covered spouse, domestic parhier as defined in policy, and/or dependent child agrees to pay, and pays, the cost of this coverage. 7.3.1 When coverage ceases due to termination or reduction in Amended hours of employment, the employee, covered spouse, 09/21/04 domestic partner, and/or dependent child is entitled to up to 18 months of coverage. Article IV - Page 11 ~ Personnel Ordinance Issue Date: January 25, 2011 7.3.2 If the employee, covered spouse, domestic partner, or Amended dependent child is determined disabled under Social Security 09/21/04 at the time of termination or reduction in hours, he or she is entitled to purchase coverage for up to 29 months. 7.3.3 The spouse, domestic partner, or dependent child of an Amended lo ee is entitled to up to 36 months of coverage if any of 09/21/04 emp y the following occurs: -Death of the covered employee -Divorce or legal separation of the covered employee from the employee's spouse or termination of a domestic partner relationship -A covered employee-becomes entitled to Medicare benefits -A covered dependent is no longer a dependent. 8.0 Unemployment Insurance N.C. State Unemployment Compensation funds are financed in part by employer contributions. Orange County, therefore pays the required premium for financial protection in the event the employee should become unemployed. 8.1 To be eligible for benefits, workers must be unemployed through no fault of their own. If an employee is fired for cause, benefits may not be available as stated in North Carolina Law. 9.0 Retirement Membership in the North Carolina Local Government Retirement System is mandatory for full-time permanent and part-time permanent employees. Employees become a member of the North Carolina Local Governmental Employees' Retirement System on the date of hire if the duties require the employee work at least 1,000 hours a year and the employee is under age 62 at the date of hire. Vested Right - After five (5) years of service, employees are eligible for monthly retirement benefits based on salary age and years of service. Service Retirement With 30 Years - After 30 or more years of creditable service, an employee is eligible for unreduced service retirement. An employee must not work nor be paid in advance for work dating the month following retirement. Service Retirement At Age 65 - At age 65 or thereafter an employee is eligible for unreduced service retirement, with at least five (5) years of service. (Age 55 if the employee is a member of the Law Enforcement Officer's Retirement System) Post Retirement Increases - After retirement, an employee may become eligible for increases that become a permanent part of retirement benefits. Article IV - Page 12 Personnel Ordinance 9.1 Disabili Issue Date: January 29, 2011 Disability benefits are available after five (5) years of service, should the employee become permanently disabled, mentally or physically, for the further performance of duty as certified by the Medical board of the Retirement System, upon written application to the Board of Trustees, be retired on a disability retirement allowance. This allowance is calculated as a service retirement allowance based on the average final compensation prior to retirement and the years of service the employee would have had at age 65. 9.2 Death Benefit Death benefit is paid the beneficiary if death occurs in active service after one year of service. The beneficiary would be paid a death benefit equal to the compensation earned and on which contributions were made in the previous calendar year, or the compensation earned and on which contributions were made in the 12 months preceding the month of death, whichever is greater, subject to a maximum of $20,000. If death occurs within 90 days after the last day of actual service, the death benefit would be payable; or, if the employee had applied for and was entitled to receive a disability retirement allowance, the death benefit would be payable provided the disability retirement allowance had not been discontinued or revoked during the one year period. In case of resignation or termination, last day of actual service is the last day actually worked; in all other cases, it is the date on which sick and annual leave expires. 9.3 Tax Shelterin~ of Retirement Contributions Effective July 1, 1982, Orange County elected a method of tax sheltering of member contributions to the North Carolina Local Government Employees Retirement System. This change became effective January 1, 1983 for the N.C. Law Enforcement Officer Retirement System. This is funded by the same six percent (6%) retirement contribution deducted from a member's gross salary. Using this arrangement, there is no additional cost to an employer. The Retirement System will continue to credit the amount of contribution to the employee's account in the Retirement System. Also, the Retirement System would continue to recognize an employee's full salary for purposes of compensation. Should an employee terminate and request a refund, the total of contributions both before and after the election would be refunded. Upon a refund, the System will report to the Internal Revenue Service an employee's contribution made after the election of the pick up as taxable income in the year of the refund. At retirement, an employee has to pay Federal income tax on all amounts received over and above the contributions made prior to the date of election to tax shelter the contributions. 9.4 Supplemental Retirement Savin~s Plan Emplover Contribution Article IV - Page 13 9.4.1 Effective January 1, 2011 Orange County makes a Supplementai Retirement contribution to an authorized 401(k) or 457 Plan of $27.50 per pay period for each eligible employee for the remainder of the fiscal year, and thereafter as Board of County Commissioners provides in its annual budget. 9.4.2 For this purpose, eligible employees are County employees both full time and part time (regularly scheduled at least 20 hours each workweek) appointed to permanent positions who are members of the N. C. Local Government Employees' Retirement System and who are not sworn law enforcement officers. See Section 9.5 for additional retirement benefits for Law Enforcement Officers. 9.4.3 To participate, an eligible employee completes the appropriate enrollment form. 9.4.4 Employees are eligible for coverage effective the date of appointment to the permanent position and enrollment in the retirement system. Contributions are suspended for any pay period in which the employee is in leave without pay status for that pay period. At termination, the County's supplemental retirement contribution ends. 9.5 Additional Retirement Benefits for Law Enforcement Officers In accordance with GS143-166.70 additional retirement benefits are provided for Local Law Enforcement Officers. 9.5.1 Local governments are required to provide contributions to the Special Retirement Income Program (401K Plan) for local law enforcement officers as follows: 2% of salary amount in F.Y. 1987 - 1988 5% of salary amount in F.Y. 1988 - 1989 and thereafter 9.5.2 Special Separation Allowance. Local governments are Amended required to pay a special separation allowance to sworn local 1/21/l0 law enforcement officers in accordance with N.C. Gen. Stat. § 143-166.42. 1. Eligibility. The local law enforcement officer must meet one of the following two criteria: (1) are at least age 55 and have 5 years creditable service as a law enforcement officer, or Article IV - Page 14 ~~ ppr.~nnnel Ordinance Issue Date: January 29, 2011 (2) have at least 30 years creditable service (regardless of age) in the Local Government Employees Retirement system with at least 50% of that service being in law enforcement. 2. Termination of Benefits. If the law enforcement officer meets one of the two criteria in 9.5.2-1, the officer is entitled to a special separation allowance from retirement until: (1) The death of the officer; (2) The last day of the month in which the officer attains 62 years of age; or (3) The first day of reemployrnent by a local government employer in any capacity; however, an officer may be employed in a public safety position in a capacity not requiring participation in the Local Government Employees' Retirement system, and doing so will not cause paytnents to cease. 3. Calculation of Benefits. The Special Separation Allowance received by the officer shall be calculated as provided by N.C. Gen. Stat. § 143-166.42. 4. The benefits payable under this section are not subject to any increases in salary or retirement allowances that may be authorized by the Board of County Commissioners. 9.5.3 Administrative rulings, opinions and procedures of the Retirement System shall be considered in the administration of retirement benefits. 9.6 Se~arate Benefit Fund for Law Enforcement Officers Only If an employee dies while an active member of the Separate Benefit Fund, a death benefit of $5,000 is paid to the designated beneficiary. To qualify the employee must be an active member of six (6) months or the employee's death is accidental, regardless of length of service. To become an active member, the employee must be under age 55, in active service and have completed and returned a written application form. Retired members of the Separate Benefit Fund beneficiaries will receive a death benefit of $3,000. To be eligible for this benefit, the employee must have been an active member of the Separate Benefit Fund with at least 20 years of creditable service or retired because of total and permanent disability with at least ten (10) years of creditable service or line-of-duty disability. Article IV - Page 15 Counry Personnel Ordinance Issue Date: January 25, 2011 9,7 Accidental Death Benefit for Law Enforcement Officers Only The accidental death benefit automatically protects the employee's survivors if the employee should die in an on-the job accident. The accident must occur while the employee is performing duties as an officer. In addition, the employee's surviving spouse, parent, or other relative will receive $1,000 for burial expenses. Each of the employee's dependent children under 18 (or over, if incapable of earning a living) will receive $200. The employee's surviving spouse will receive $500. If the employee has no surviving spouse, the Retirement system may distribl death ben~efit, t e totall amounttof payrnentsf t~the members. Under the accidenta employee's survivors cannot be greater than $2,100. 9,8 A Lme of Dutv Death Benefit (For Law Enforcement Officers Onl Law Enforcement Officers may also be entitled to additional benefits to include: -$25,000 administered jointly by the North Carolina Industrial Commission and the State Auditor. -$50,000 from the Federal Law Enforcement Assistance Administration. 9.9 Lump Sum Death Benefit (For Law Enforcement Officersl See Section 9.2 Death Benefit. 10.0 Petty Leave Repealed Effective December 31, 2010. 11.0 Funeral Leave Permanent employees both full time and part time are eligible to receive Amended Funeral Leave with pay. Funeral leave may be used for death in an ol~lsioi employee's immediate family, as defined in this Ordinance. Funeral Leave may not exceed three consecutive workdays for any one occurrence, the last day being the next workday after the funeral. Funeral Leave with respect to relatives not covered under this policy may be taken from Vacation Leave. Additional Time off for bereavement or time off for estate-related business may be charged to Vacation Leave, Personal Leave Days, Petty Leave or leave without pay with the approval of the employee's immediate supervisor. 12.0 Civil Leave All County employees are eligible for Civil Leave with pay during regularly scheduled work time for certain court duty. Article IV - Page 16 Counry Personnel Ordinance Issue Date: January 29, 2011 12.1 Jury Duty - The employee called for jury duty is paid for regularly scheduled hours. 12.2 Witness duty (not work-related) - The employee may be paid for regularly scheduled work time during which the employee is subpoenaed to appear as a , witness and remits any fees received to the County. The employee may elect to take vacation leave with pay, if any, and keep any fees received. 12.3 Civil Leave is not granted for an employee's appearance (not work-related) in court as a plaintiff or defendant. 12.4 Time spent on official County d otver to Ora ge County any fees awarded b y the n o t a p p l y. E m p l o y e e s m u s t t u r n courts for court appearances in connection with their official duties. 12.5 Civil leave needs to be reported to department heads at the time notice is received. A department head may request a copy of the notice as needed to verify the employee's attendance in court. 13.0 Maternity Leave Maternity leave shall be granted when the employee desires to be away from work due to pregnancy, childbirth and recovery therefrom, and related conditions. Maternity leave is available to full-time permanent, and part-time permanent employees. 13.1 In accordance with the County's policy on Equal Employment Opportunity, employees will not be penalized in employrnent due to pregnancy, miscarriage, childbirth, recovery, and the time away from work each condition requires. 13.2 Limitation of employmene ~d naturehofwo k perforrmedlteach department head therefore, based on the typ shall be responsible for determining, in consultation with the employee and upon advice received from the employee's physician, how far into pregnancy the employee may continue to work before going on leave. 13.3 The employee shall be granted maternity leave, not to exceed six months. 13.4 To receive maternity leaveeaneSmpo t ee County Manager for approval S On elthe who in turn presents the r q dates of leave are determined, the employee is obligated to return to work as scheduled unless a physician advises against it. In this case, the employee should notify the County Manager immediately. Failure to do so will be considered a resignation. Article IV - Page 17 ~ County Personnel Ordinance Issue Date: January 25, 2011 13.5 Reinstatement to the same or similar classification, seniority, and pay must be made upon the employee's return to work, unless such a position is no longer available due to budgetary reduction in staff. 13.6 During the time the employee is disabled any sick leave earned can be used. For any remaining period of disability, or for time prior to and after disability, the employee shall be granted maternity leave. 13.7 The following options are available to an employee going on maternity leave: 13.7.1 The employee may take leave without pay when desired to be on leave from work prior to the time of actual disability. If the employee wishes to retain all accumulated sick and vacation leave, leave without pay may be taken for the entire maternity leave period (see Article III. Section 4). 13.7.2 The employee may use accumulated sick leave for the actual period of temporary disability. The attending physician's statement will indicate the period of temporary disability. An employee in the process of using accumulated sick leave will continue to be in a leave earning capacity, be entitled to holidays, be eligible for merit increments, and be eligible to receive benefits offered under the County's group insurance policies. 13.7.3 The employee may use accumulated vacation leave, before going on leave without pay. An employee in the process of using accumulated vacation leave will continue to be in a leave earning capacity, be entitled to holidays, be eligible for merit increments, and be eligible to receive benefits offered under the County's group insurance policies. 13.7.4 An employee will be permitted to use any combination of the options listed above subject to the approval of the County Manager. 13.8 Adoption - An employee may take a leave of absence when the employee is adopting a child. This will be c~n~ride13d Maari i 3 ~e3°w lldbe ava 1 ble toe he period of six (6) months. Op employee. 14.0 Family and Medical Leave Amended 06/Ol/10 14.1 In accordance ~'~' 1993 and~ansl amend ent hereton O ange C unty will provide Act (FMLA) of Y qualified employees up to twelve weeks of unpaid leave in a 1 2-mo n t h p e ri o d f o r specified family and me dica l reasons, or for an y "qualifying exigenc}~' arising out of the fact that a covered military member is on active duty, has been notified of an impending call for duty or is ordered to active duty, in support of a contingency operation, or to take up to 26 weeks of job-protected leave in a single 12-month period to care for a covered service member with a serious injury or illness. Article IV - Page 18 G n,.,.~„H~ol nrdinanCe Issue Date: January 29, 2011 14.2 An employee may take up to three days of consecutive paid leave for the birth or adoption of his or her chi~he fostering ofla ch lld u de the hfe or first week in the home or fo age of five during the child's first week in the home. 14.3 The County Manager will provide Rules and Regulations to carry out the purpose of this section of the Ordinance. Please see the link below for complete Rules and Regulations. h:/;serverl.co.oran e.nc.us/Pers(documentsiFMLARuIe-Re ssi ned06lO10. df I5.0 Military Leave Amended 06/Ol/10 Amended 06/Ol/10 Amended 6/16/10 15.1 In accordance with the Uniformed Services Employment and Reemployment Rights Act of 19 43~O1t eta een andnN.C nGen Stam1127A-116, regulations, (USERRA) 38 U.S.C. q military leave, employment, retention and reemployment rights and benefits are granted to qualified military servicemembers and veterans for certain periods of service in the uniformed services. 15.2 No agent or employee of the County shall deny an individual initial employment, reemployrnent, retention in employm5ent, promotion, or any benefit of employment on the basis of their membership, application for membership, performance of services, application for service, or obligation for service in the uniformed services. 15.3 The County Manager will promulgate Administrative Rules and Regulations to carry out this section of the Personnel Ordinance. h /lser~erl co oran~e nc us/Persldocuments/MilitarvLeaveRulesandReeulations.doc 16.0 Tuition Refund Program and Educational Leave Full-time and part-time permanent employees may be eligible to obtain financial assistance for the purpose of furthering the education and skills of County employees. 16.1 Employees who are not receiving educational assistance from other governmental sources shall be eligible to apply for assistance under this program. The recipient must be a County employee at the time of refund. 16.1.1 The Tuition Refund Program shall be administered by the County Manager. 16.1.2 All courses shall be eligible when, in the opinion of the relevant Department Head and the Personnel Director, the course will either improve the employee's ability to do their present job or help prepare the employee for a County position which will demand a higher skill or Article IV - Page 19 //~ Issue Date: January 25, 2011 i. .__ n......i.s.fH~I ^/N~~nanCQ. rN77Ct artici ation m rGI~JV~~'~a~ility level. The initiative for p p ~~ lu=== --_--_- originate with the employee. Participation is on the employee's own time off except as specified in sectnt rela edl coursese are no p e~ble employees taking Law Enforceme under this program as they have own existing program.) 16.1.3 All courses must be job related and approved by the Department Head and the County Manger. Courses must help the employee in thesklls,Seor position or prepare the employee for greater training, knowledge in a career with the Coun o•~,le a formal appl cation for uch or educational leave will be required t leave with the department hea dnAll, anp nt vals for tuition refunds must be obtained in advance of class 16.1.4 Total costs which the County will pay for each eligible Effective employee are limited to no more than $600 in a fiscal year oa~oi~oo for tuition, fees and books required for the courses (Activity fees are ses mus t bea attachedc to t the~ r quest turned in reimbursable expen following successful complet for the cour ers V rification rof a pas sng o n l y o n d a t e o f r e g i s t r a t i o n grade or successful completion must also accompany the request. ( A grade of "C" or "Pass" is required in formal course work.) Nothing is paid if the employee fails to complete the course. 16.1.5 Funding for the program shs land moniesl shall be disbursedt onlla ~d ba the County Commissioner year basis. 16.1.6 Request for reimbursement must be made within 30 days of course completion. The employee shall be responsible for obtaining reimbursements. 16.1.7 Successful completion of the course or degree shall not warrant additional pay. 16.1.8 All reimbursement checks shall be forwarded to the employee via the Finance Department. 16.1.9 Expenses for training courses, seminars or workshops shall not be reimbursed under this procedure. See Article III. Section 9. 16.1.10 An employee may receive ~ on of co ss m st ac ompanytreque~st ~for the tuition costs, (venfica advance payment) provided they shall agree to repay the County should their employment terminate prior to and/or before a date within one Article IV - Page 20 Issue Date: January 29, 2011 Personnel Ordinance month of course completion or should the employee fail to complete the course as specified in Section 16.1.4. ent is necessary, repayment shall be made to the 16.1.11 In the event that repaym a oll deduction within two County by direct reimbursernent or bY p eriod. Authorization or the semi-monthly periods or a one month p number and amount of payroll deductions shall be made by the County Manager. 16.1.12 The County Manager may consult wit e~ loeeeVand mayaa oeenlist the in determimng te Re enue Department in ecuring repayment. aid of the County 16.1.13 Upon recommendation of the supe sen e at full o part pay duri g or approval of the Manager, a leave of ab outside of regular working hours may be granted to permit an employee to take courses of study as indicated in Section 16.1.2. 16.1.14 The procedures and policy f tli ed for eave with ut pay. See1tArt cle III are synonymous wrth those ou Section 4. 16.1.15 An employee going on full Education Leave with pay will be obligated to remain employed with the County for one (1) year following completion of their education. If the agreement is not kept the employee is expected to refund tuition fees and other expenses paid by the County as indicated in 5ection 16.1.11, ae~ t term nahon.ill be held out from final compensation due the employ 17.0 Credit Union The North Carolina State Employee's Cr savin s land loan institution, organ z deto Employee's Credit Union are a cooperative rovide a source of credit for worthwhile promote thrift among its members and to p purpose at least possible cost. 17.1 Orange County Local Government employ ee's(Cr,edi Un on under the oll w ng permanent) may jo i n t h e N. C. S t a t e E m p l o y conditions: 17.1.1 They were previous members of the N.C. State Employees Credit Union and maintain an active account, or 17.1.2 Their spouse, parents or children are members. Article IV - Page 21 Issue Date: January 25, 2011 County Personnel Ordinance ,,. _„ 4,.,,,,o „P,.,,,~nent or part-time 1~,2 Orange County Local Governmental employees ~nul ~llll~ r oin the Local Government emp~oyee's credrt union if they are not permanent) may j already being served by another Credit Union. lo ee may app1y for membership at the 17.3 If the conditions listed above exist, the emp Y de osit. Credit Union or in the Personnel De hartBoard DTirect rs of the Cr dit Union, Upon approval of the applications by t the applicant is entitled to all benefits of inembership. 18.0 Deferred Compensation advanta es of participation in the County's Deferred Compensation Plan shall be The g em lo ees. made available to all County P Y 18.1 Deferred Compensation allows an employee to pay less taxes now in accordance with the Tax Revenue Act of 1978. 18.1.1 Orange County has established a legally qualified plan. Such plans set up methods of payroll deductions, for investing your money and crediting it properly, and for providing regular statements of accounts. 18.1.2 This is not a regular savings account, its primary purpose is to help in retirement planning. Money may be reimbursed only at retirement or when ent. In severe financial hardship, an employee terminates public emplo 0 1~ event of death, funds would the money may be reimbursed by app go to the employee's beneficiaries. Deferred Compensation does not affect in any way anY other retirement benefits or Social Security benefits. 18.1.3 Employees may defer no more than 25% of their gross income (up to a maximum of $7,500) in any one year. 18.1.4 Employees interested in enrolling may do so by contacting an enrollment representative of the plan. 19.0 Longevity Pay Amended 07/Ol/93 19.1 Ge_ ~ The County provides Longevity Pay to recognize long-term service of Permanent employees, both Full Time and Part Time least~l Olyears ofuto al Orange County each workweek) who have completed at Y service as a permanent employee. 19.2 Calculatin Lon evi Pa Longevity Pay is calculated by multiplying the employee's base annual salary by the appropriate percentage as follows: Article IV - Page 22 2011 Issue Date: JanuarY_ 2= County Personnel Ordinance Years of Total Oran e Coun Servlce 10 but less than 15 15 but less than 20 20 but less than 25 25 or more years r ~„~P~;tv Pav Rate Lv 1.50% 2.25% 3.25% 4.50% 19.3 Pa ment ~o ent 19.3.1 To receive Longevity Pay, the employee must be in active emp yrn status on the effective date. (Payment is not made on a pro-rated basis for a terminating employee or an employee on an extended leave without pay.) a ent is made in a lump sum on the payday for the pay 19.3.2 The Longevity p ym period in which effective. 19.3.3 Applicable deductions are made for Social Security, retirement, state and federal taxes. 19.4 Effective Date eriod be inning date following the 19.4.1 Longevity Pay is effective on the pay p g date. If the employee's employee's most recent employment anniversary evi Pa is anniversary date falls on the pay period beginning date, Long ty Y effective on that pay period beginning date. lo ee has prior service as a permanent employee with Note: If the emp y Orange County, this service is used in determining the employee s eligibility for Longevity Pay and the amount for which eligible but does not change the effective date. 19.5 Longevity Pay is not considered a part of base annual pay for classification or other pay record purposes. 20.0 Employee Recognition to reco ize and express appreciation for the long- 20.1 It is the policy of the County ~ term service of permanent staff employees, both full-time and part-time. 2p,2 This program recognizes the employee's service at five-year intervals beginning with five and ending with 50 years of Aggregate County Service. It provides for greater recognition as the employee's years of service increase. 21.0 Employee Suggestions Article IV - Page 23 Issue Date: January 25~ 2011 rove County services ~'e County Personnel Ordinance estions estions regardinS ~'~'aYs ~n ~"~hich to imp Employee sugg ~o ee. welcomed and can be made without t eeaT °erit a to the emp S Y encouraged and a cash award may b P lead to cost sa~ings for the County, 22, p Shared Leave Amended ovovoo 22'1 Ge~ to donate a specified rovides an emploYee the opport~nity of Vacation Leave hours ancUor Personava eave hours to he p 22.1.1 Shared Leave p cation and Personal number another emploYee who has exhausted e~ods of missed work time due to Leave and is in need of leave to cover p ' ous health condition or to care for a member of his or her immediate a sen family who has a serious health condition. em lo ee donating leave may elect to donate a minimum of four hours 22.1.2 ~ p Y of: to the amount that would not drop his or her . Vacation Leave up Vacation Leave balance below 80 hours of leave. • Personal Leave hours up to the tota] amount of Personal Leave Days available for the calendar ye~'• 22,2 Eli ibili lo ee with one year of Orange County service as a 22,2,1 Any permanent emp y permanent employee is eligible to donate or reyuest leave. lo ee can request to participate in 22.2.2 Following are situations wher on document tion of the need for leave by a the Shared Leave program up physician: ?,n employee who is unable to work d to ~° ork due to pregnan Y elat d This includes an employee who is unable disability. Amended ~,n employee who needs to be away from WOT ousecdomestic 9/21/04 member of the employee s immediate family (sp partner as defined in policy, child, or parent) who has a serious health condition. The following situations are not eligible for Shared Leave: • Elective surgery . An employee receiving Workers' Compensation benefits. Article IV - PaSe 24 29, 2011 Issue Date: January Personnel Ordinance h the Shared Leave program must first 22,2,3 An emploYee requesting leave throug exhaust all earned, unused Sick, Vacation and Personal Leave. a receive a maximum of 80 hours hared Lea~eamay not 22.2.4 An employee m y ro am. S calendar year through the Shared Leave p~ ond one ye~ fi'~m be used to extend an employee's time in lea~e status bey the last date worked. 22.3 Pr~s m lo ee who wishes to request leave through the Shared Leave 22.3.1 An e P Y artment a letter requesting program provides to the Personnel Dep h sician's statement participation in the Shared Leave program and a p Y umenting the need for lea~e. Personnel reviews Shared Leave requests doc for eligibility. roved, the Personnel Department 22,3,2 Once a Shared Leave request islo pees a description of the employee's communicates to all County emp y uest for Shared Leave, releasing only the information authorizedl n req writing by the emploYee. Personnel may elect to release ~~en~~ before lo ees in the requesting employee's dep first to emp y em lo ees. communicating the request to all County p Y .3.3 Any employee's donation of Vacation Leave or PeT D rect olic tation 22 ro am is voluntary. participant in the Shared Leave p~' e~itted. of employees for Shared Leave donations is not p 22.3.4 An employee who wishes to donate V acaeion me letes r a eT shared e Leave an employee requesting Shared Leav p ent withm the Donation" form and sub eituestS Sick Leave may not be d ated.) time period specified for r q ~ 23.0 22.3.5 Donations of leave must be a minimum of four hours. 22.3.6 Donated leave hours up to a total of g~ ~nce leave i ss donated and employee receiving t h e S h a r e d L e a v e. transferred to the employee receiving the leave, it may not be returne d to the donating employee. lo ee is using Shared Leave, the employee 22.3.7 During the period an emp y ca aci , be entitled to holidays, receive continues to be in a leave earning p tY any salary increase for which otherwise eligible, and be eligible to receive benefits offered under the County s group insurance policies. Personal Leave Days Article IV - Page 25 25, 2011 Issue Date: January , ~ nr.,nge County Personnel Ordinance Repealed Effective December 31, 2010. 24.0 Furlough Commissioners may by resolution and as needed from time 24.1 The Board 1 m n a furlough plan. to time imp em loyee who takes a furlough shall not lose seniority, shall not be required to 24.2 An P pay employer paid benefits and shall ea asnd ~heac tlsaving measure had not unless otherwlse provided by the Board, occurred. 24.3 The County Manager shall provide Administrative Rules and Regulations to carry out the provisions of the section. Article IV - Page 26