HomeMy WebLinkAboutAgenda - 09-05-2023; 8-q - Amendment to the Code of Ordinances - Personnel 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 5, 2023
Action Agenda
Item No. 8-q
SUBJECT: Amendment to the Code of Ordinances — Personnel
DEPARTMENT: County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
Draft Ordinance John Roberts, County Attorney, 245-
Resolution of Adoption 2318
PURPOSE: To approve an amendment to Chapter 28 of the Code of Ordinances with an
effective date of June 20, 2023 and adopt the resolution of approval.
BACKGROUND: This amendment was originally included in the FY 2023-24 Budget Ordinance
adoption, but included an incorrect section reference that is being corrected by this action. The
Budget Ordinance referred to Article IV — Employee Benefits Section 28-52 — Shared Leave
Request as the amended section of the Orange County Code of Ordiances, Shared Leave
Request. The correct Section is 28-51.
The purpose of the revision is to enhance eligibility for shared leave to include permanent
employees with six-months of employment and to reduce the number of hours to donate of
request for those employees with shorter tenures from 80 hours to 40 hours. Currently,
employees with one year of Orange County service as a permanent employee are eligible to
donate or request shared leave. The revision allows eligibility as follows:
(1) Any permanent employee with six months of Orange County service as a permanent
employee is eligible to donate or request leave at a minimum of four hours and a
maximum of 40 hours. Employees may only donate up to the amount that would not
drop their Vacation Leave balance below 40 hours of leave.
(2) Any permanent employee with one year of Orange County service or more as a
permanent employee is eligible to donate or request leave at a minimum of four hours
and a maximum of 80 hours. Employees may only donate up to the amount that would
not drop their Vacation Leave balance below 80 hours of leave.
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board approve the amendment to
Chapter 28 of the Code of Ordinances with an effective date of June 20, 2023 and adopt and
authorize the Chair to sign the resolution of approval.
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ORD-2023-037
Sec. 28-51. Shared leave.
(a) General.
(1) Shared Leave provides an empleyee employees the opportunity to donate a specified number of
Vacation Leave hours and eF PeFsena I pawp hAurs to help employees who 4a6have
exhausted all Sick and;Vacation and PeF59nal Leave and+-- needs efleave to cover periods of missed
work time due to a serious health condition or to care for a member of his their immediate
family who has a serious health condition.
(2) An-Eemployees donating leave may elect to donate a minimum of four hours of:
a. Vacation Leave up to the amount that would not drop her er hertheir Vacation Leave balance
below 80 hours of leave.
yeaF.
(b) Eligibility.
to donate er request leave.
(1) Any permanent employee with one year of Orange County service as a permanent employee is eligible
to donate or request leave at a minimum of four hours and a maximum of 80 hours. Employees may
only donate up to the amount that would not drop their Vacation Leave balance below 80 hours of
leave.
(2) Any permanent employee with six months of Orange County service as a permanent employee is
eligible to donate or request leave at a minimum of four hours and a maximum of 40 hours. Employees
may only donate up to the amount that would not drop their Vacation Leave balance below 40 hours
of leave.
(23) Following are situations wherein an employee can request to participate in the Shared Leave program
upon documentation of the need for leave by a physician:
a. An employee who is unable to work due to a serious health condition.This includes an employee
who is unable to work due to pregnancy related disability.
b. An employee who needs to be away from work to care for a member of the employee's
immediate family(spouse,domestic partner as defined in policy,child,or parent)who has a
serious health condition.
C. The following situations are not eligible for Shared Leave:
1. Elective surgery,
2. An employee receiving Workers'Compensation benefits.
(34) An employee requesting leave through the Shared Leave program must first exhaust all earned, unused
Sicknd7 Vacation apd_Re�-,4 Leave.
(45) An employee may receive a maximum of 80 hours of donated leave each calendar year through the
Shared Leave program.Shared Leave may not be used to extend an employee's time in leave status
beyond one year from the last date worked.
(c) Process.
(1) An employee who wishes to request leave through the Shared Leave program provides to t4e
Personnel Depar+,,.,,,.,+ Human Resources in writing a request to participate a letter r,,,.,,,,s+;. ,
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paFtiGipatieR in the Shared Leave program and a physician's statement documenting the need for
leave.r°neFsanne:Human Resources reviews all Shared Leave requests for eligibility.
(2) Once a Shared Leave request is approved,the °^"s^^^^' Dep@Ft^n^^+Human Resource communicates
to all County employees a description of the employee's request for Shared Leave, releasing only the
information authorized in writing by the employee. Human Resources ane:may elect to release
the description first to employees in the requesting employee's department before communicating the
request to all County employees.
(3) Any employee's donation of Vacation Leave^r 'ea-ve to a participant in the Shared Leave
program is voluntary. Direct solicitation of employees for Shared Leave donations is not permitted.
(4) An employee who wishes to donate Vacation Leave R-r°^.r-^^,' 'Pea*-to an employee requesting
Shared Leave completes a "Shared Leave Donation"form and submits this to the °Perrsennel
DepaFtment Human Resources within the time per- specified for request. (Sick Leave may not be
donated.)
(5) Donations of leave must be a minimum of four hours.
(6) Donated leave hours up to a total of 80 hours are transferred to the employee receiving the Shared
Leave.Once leave is donated and transferred to the employee receiving the leave, it may not be
returned to the donating employee.
(7) During the period an employee is using Shared Leave,the employee continues to be in a leave earning
capacity,and is be entitled to holiday pays,PeEe+veay salary increases for which etheF ise eligible
Rd be eligible to Feeeiv^and benefits offered under the County's group insurance policies.
(Ord.of 06-07-1976,eff.08-01-1976;Amend. of 12-7-1999,Art. IV§22.0,eff.01-01-2000;Amend.of 09-21-2004,
eff.01-01-2005)
Created: 2023-05-28 11:03:32 [EST]
(Supp.No.13)
Page 2 of 2
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RES-2023-057
RESOLUTION OF AMENDMENT
A RESOLUTION AMENDING CHAPTER 28 OF THE ORANGE COUNTY CODE
OF ORDINANCES
Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina:
WHEREAS, the Board of Commissioners has determined a change is necessary to the applicability
of shared leave provisions of the Personnel Ordinance necessitating an amendment to the
Personnel Ordinance; and
WHEREAS, the Board of Commissioners initially intended to amend this section through adoption of
the Budget Ordinance, the Budget Ordinance document contained an inaccurate Code reference.
NOW THEREFORE BE IT ORDAINED, that the Code of Ordinances, Orange County, North
Carolina, Chapter 28, is hereby amended by amending Section §28-51, which amended section
reads as shown in the attached revised Personnel Ordinance, and Section §28-52 of the Code of
Ordinances remains "Reserved".
This Amendment is retroactively effective June 20, 2023.
Adopted by the Orange County Board of Commissioners this 5t" day of September, 2023.
By: Attest:
Jamezetta Bedford, Chair Laura Jensen, Clerk to the Board
Orange County Board of Commissioners
[SEAL]