New Hanover County Personnel Policies & Procedures - Table of Contents
ARTICLE 1 ORGANIZATION OF PERSONNEL SYSTEM 1.0 Purpose and Applicability 1.1 Policies Not Employment Contract, Not All-Inclusive Nature of Employment 1.2 Responsibility 1.2.1 Responsibility Board of County Commissioners 1.2.2 Responsibility County Manager 1.2.3 Responsibility Human Resources Director 1.2.4 Responsibility Managers and Supervisors 1.2.5 Responsibility Employees ARTICLE 2 THE POSITION CLASSIFICATION PLAN 2.0 Purpose and Applicability 2.1 Policy 2.2 Procedures—Classification and Reclassification 2.3 Reclassified to Higher/Lower Pay Grade 2.4 Responsibility 2.4.1 Responsibility Board of County Commissioners 2.4.2 Responsibility County Manager 2.4.3 Responsibility Human Resources Director 2.4.4 Responsibility Department Heads ARTICLE 3 THE PAY PLAN 3.0 Purpose and Applicability 3.1 Policy 3.2 Pay Plan Structure 3.3 Merit Pay 3.4 Merit Pay EXCEL 3.5 Merit Pay Bonus 3.6 Merit Pay Special Allowance 3.7 Merit Pay Incentive Plan 3.8 Establishing Pay Rates 3.8.1 Establishing Pay Rates Pay Zones and Differentials 3.8.2 Establishing Pay Rates Trainees
New Hanover County Personnel Policies & Procedures - Table of Contents
3.8.3 3.8.4 3.8.5 3.8.6 3.8.7 3.9 3.10 3.10.1 3.10.2 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.17.1 3.17.2 3.17.3 3.17.4 3.17.5 3.17.6 3.17.7 3.17.8 3.17.9 3.18
Establishing Pay Rates Hiring, Promotion, Reclassification, or Transfer Establishing Pay Rates Temporary Reassignment to Another Classification Establishing Pay Rates Involuntary and Voluntary Demotions Establishing Pay Rates Part-time Service Establishing Pay Rates Temporary Employees Market Adjustments Overtime Pay Overtime Pay and Other Paid Leave Overtime Liability: Supervisor’s Responsibility to Minimize “Comp Time” Unauthorized Work Compensation Policies Applicable to the FLSA Exempt Employee Pay Deductions On-Call Pay Call-Back Pay Emergency Pay Emergency Pay Non-Exempt Employees Emergency Pay Exempt Employees Emergency Pay On-Call Pay Emergency Pay Call-Back Pay Emergency Pay Stand-By Not Compensable Emergency Pay Travel Time Emergency Pay Sleep Time Emergency Pay Duty in Other Locales Emergency Pay 24/7 Departments Payroll Deductions
ARTICLE 4 EMPLOYMENT 4.0 Purpose and Applicability 4.1 Policy 4.2 Equal Employment Opportunity Policy 4.3 Recruitment Procedures 4.4 Employment Applications 4.5 Employment Selection Procedures
New Hanover County Personnel Policies & Procedures - Table of Contents
4.6 4.7
Introductory Period of Employment Temporary to Regular Status
ARTICLE 5 SEPARATION, REEMPLOYMENT 5.0 Purpose and Applicability 5.1 Types of Separation 5.1.1 Resignation 5.1.2 Use of Leave After Notice of Resignation 5.1.3 Reduction-in-Force (RIF) 5.1.4 Disability 5.1.5 Dismissal 5.1.6 Retirement 5.1.7 Death 5.2 Types of Reemployment Reinstatement Following RIF Restoration of Sick Leave and of Personal Leave 5.2.1 Accrual Rate 5.2.2 Reemployment Following Resignation— Restoration of Sick Leave 5.2.3 Reemployment Prior Service and Service Awards 5.2.4 Reemployment After Military Leave ARTICLE 6 CONDITIONS OF EMPLOYMENT 6.0 Purpose and Applicability of this Article 6.1 6.2
Workweek Breaks
6.3 6.4 6.4.1 6.5 6.6 6.6.1 6.6.2 6.7 6.8 6.8.1 6.8.2
Gifts and Favors Solicitation Purpose and Applicability Solicitation Policy Political Activity Restricted Outside Employment Purpose and Applicability Outside Employment Policy Outside Employment Procedures Prohibited Board, Commission or Committee Service Patents and Copyrights Patents and Copyrights Employee Responsibility Patents and Copyrights Prohibitions
New Hanover County Personnel Policies & Procedures - Table of Contents
6.8.3 6.9 6.10 6.11 6.12 6.13 6.13.1 6.13.2 6.14 6.15 6.15.1 6.15.2 6.15.3 6.15.4 6.15.5 6.16 6.16.1 6.16.2 6.16.3 6.16.4 6.16.5 6.16.6 6.17 6.17.1 6.17.2 6.17.3 6.17.4 6.17.5 6.18 6.19 6.19.1 6.19.2 6.19.3 6.19.4
Patents and Copyrights Waiver of County Rights Employment of Relatives Limitations Safety Physical Examinations Identification Badge Policy No Smoking Purpose and Applicability No Smoking Policy No Smoking Enforcement Purchasing Surplus County Property Prohibited Respectful Workplace Policy—Purpose and Applicability Respectful Workplace Policy Respectful Workplace Policy Procedures—Reporting Violations Respectful Workplace Policy Procedures—Investigating Reports of Violations Respectful Workplace Policy Procedures—Corrective Actions Respectful Workplace Policy Procedures— Retaliation Unlawful Workplace Harassment Policy Purpose and Applicability Unlawful Workplace Harassment Policy Statement Unlawful Workplace Harassment Description of Prohibited Conduct Unlawful Workplace Harassment Complaint Procedures Unlawful Workplace Harassment No Retaliation Unlawful Workplace Harassment Complaint Determination Appeal Procedures Formal Harassment Charge Workplace Violence Policy—Purpose and Applicability Workplace Violence Policy Statement Workplace Violence Policy Employee Responsibility Workplace Violence Policy Supervisory/Management Responsibility Workplace Violence Response Domestic Violence Victim Workplace Issues Weapons in the Workplace Alcohol and Drug Free Workplace Policy—Purpose and Applicability Alcohol and Drug Free Workplace Policy Alcohol and Drug Free Workplace Policy— Responsibility Employee Voluntarily Reveals Substance Abuse Problem Enforcement- Drug/Alcohol Testing
New Hanover County Personnel Policies & Procedures - Table of Contents
6.19.5 6.19.6 6.19.7 6.19.8 6.20 6.21 6.22 6.23
Surrender of Drugs, Paraphernalia Transportation to Medical Facility or Home Alcohol and Drug Free Workplace Policy—Inspections and Searches Alcohol and Drug Free Workplace Policy—Employee Options Personal Use of County Equipment Polygraph Examination Attendance Social Media Policy
ARTICLE 7 LEAVE POLICIES 7.0 Purpose and Applicability 7.1 Holiday Leave 7.1.1 Holiday Leave—Eligibility 7.1.2 Holiday Leave—Number of Hours Paid 7.1.3 Holiday Leave—Working on a Holiday 7.1.4 Holiday Leave—Effect of Other Paid Leave 7.2 Personal Leave 7.2.1 Personal Leave--Accrual 7.2.2 Personal Leave—Use 7.2.3 Personal Leave—Maximum Accumulation 7.2.4 Personal Leave—Pay or Deduction at Separation 7.2.5 Personal Leave—Pay upon Death 7.3 Sick Leave 7.3.1 Sick Leave—Accrual 7.3.2 Sick Leave—Maximum Accumulation 7.3.3 Sick Leave—Balance at Separation 7.3.4 Sick Leave—Restoration Upon Re-employment 7.3.5 Sick Leave—Transfer of Sick Leave from Another Employer 7.4 Sick Leave Bank—Purpose and Applicability 7.4.1 Sick Leave Bank Policy 7.4.2 Sick Leave Bank Procedures—Enrollment 7.4.3 Sick Leave Bank Procedures—Withdrawal 7.5 Leave of Absence Without Pay 7.5.1 Leave Without Pay and Paid Leave Use Rule
New Hanover County Personnel Policies & Procedures - Table of Contents
7.5.2 7.5.3 7.5.4 7.6 7.7 7.8 7.8.1 7.8.2 7.8.3 7.8.4 7.9 7.9.1 7.10 7.10.1 7.11 7.12 7.12.1 7.13 7.13.1 7.13.2 7.14 7.14.1 7.14.2 7.14.3 7.14.4 7.14.5 7.14.6 7.14.7 7.14.8 7.14.9 7.14.10 7.14.11 7.14.12 7.14.13
Leave of Absence Without Pay Rules and Procedures Leave of Absence Without Pay—Retention and Continuation of Benefits Use of Personal and Sick Leave Prior to Leave Without Pay Workers’ Compensation Leave Maternity Leave Military Leave—Policy Military Leave—Procedures Military Leave—Pay Differential Policy Military Leave—Personal and Sick Leave Balance Intact Until Return Military Leave—Return to Employment Civil Leave Attending Court in Connection with Duties is Not Civil Leave Administrative Leave—Purpose and Applicability Administrative Leave—Policy Education Leave Bereavement (Funeral) Leave—Purpose and Applicability Bereavement (Funeral) Leave—Policy Community Services Leave—Purpose and Applicability Community Services Leave—Policy Community Services Leave—Procedures Family & Medical Leave—Purpose and Applicability Family & Medical Leave (FMLA) —Qualifying Reasons for Use FMLA—Entitlement and Options FMLA—Continuation of Benefits FMLA—Job Protection FMLA—Employee Responsibility FMLA—County Responsibility FMLA—Provisional Designation FMLA—Retroactive Leave Designation FMLA—Required Medical Certification FMLA—Second and Third Medical Opinions FMLA—Fitness for Duty/Return to Work Certification FMLA—Certification of Treatment Scheduling FMLA—Family Relationship Certification
New Hanover County Personnel Policies & Procedures - Table of Contents
7.14.14 7.14.15 7.14.16 7.15 7.16 7.17 7.18 7.19
FMLA—Abuse FMLA—Extension of Leave FMLA—Failure to Return to Work Smallpox Vaccination Leave On-site Wellness Clinic Leave Blood Donation Leave Other Leave County Manager’s Authority to Implement Leave Policy Changes
ARTICLE 8 PERFORMANCE, DISCIPLINE 8.0 Performance Management Purpose and Applicability 8.1 Performance Management Policy 8.1.1 Performance Management Procedures 8.2 Disciplinary Actions—Purpose and Applicability 8.2.1 Disciplinary Actions—Policy 8.2.2 Failure in Performance of Duties 8.2.3 Failure in Personal Conduct 8.2.4 Disciplinary Warning 8.2.5 Disciplinary Suspension 8.2.6 Disciplinary Salary Reduction 8.2.7 Disciplinary Demotion 8.2.8 Dismissal 8.2.9 Pre-dismissal Hearing 8.2.10 Administrative Suspension ARTICLE 9 – APPEALS AND GRIEVANCES 9.0 Employee Appeal of Disciplinary Actions—Purpose and Applicability 9.1 Employee Appeal of Disciplinary Actions—Policy 9.1.1 Appeal of Suspension, Salary Reduction, Demotion or Dismissal 9.1.2 Appeal Hearing 9.1.3 Appeal of a Disciplinary Warning 9.1.4 Failure to Comply with Appeal Procedures 9.1.5 Department Head Appeal of Disciplinary Action 9.1.6 Failure to Comply with Appeal Procedures
New Hanover County Personnel Policies & Procedures - Table of Contents
9.2 9.2.1 9.2.2 9.2.3 9.2.4 9.2.5
Grievance—Purpose and Applicability Grievance Policy Grievance Procedure Grievance Procedure Step 1 Grievance Procedure Step 2 Grievance Procedure Step 3
ARTICLE 10 EMPLOYEE BENEFITS 10.0 Benefits Policy—Purpose and Applicability 10.1 Benefits Policy 10.1.1 Medical and Dental Insurance Eligibility 10.1.2 Medical and Dental Insurance Enrollment 10.1.3 Medical and Dental Insurance Effective Date 10.1.4 Medical and Dental Insurance Dependent Coverage 10.1.5 Medical and Dental Insurance Rates 10.1.6 Medical Insurance for Retirees 10.1.7 Dental Insurance for Retirees 10.1.8 Medical and Dental Insurance Requirements for Continued Coverage 10.1.9 Medical and Dental Retiree Rates 10.1.10 Continued Medical and Dental Coverage for County Commissioners Leaving Office 10.1.11 Medical and Dental Insurance Premium Payment 10.1.12 Continued Medical and Dental Insurance COBRA 10.2 Retirement Benefits 10.2.1 Retirement Benefits—Death of Employee 10.2.2 Retirement Benefits--Vesting 10.3 Supplemental Retirement Plans 10.4 Other Insurance Plans and Benefits 10.5 Employee Wellness Benefits 10.6 Workers’ Compensation Benefits 10.7 FICA 10.8 Unemployment Insurance Benefits ARTICLE 11 PERSONNEL RECORDS AND REPORTS 11.0 Personnel Records Maintenance
New Hanover County Personnel Policies & Procedures - Table of Contents
11.1 11.2 11.2.1 11.2.2 11.2.3 11.3 11.4 11.5 11.6 11.6.1 11.6.2 11.6.3 11.6.4
Access to Personnel Records Confidential Information Safeguarding Confidential Information Penalty for Permitting Access to Confidential File by Unauthorized Person Penalty for Examining or Copying Confidential Material without Authorization Records of Former Employees Remedies of Employees Objecting to Material in File Destruction of Records Regulated Electronic Records System Policy—Purpose and Applicability Electronic Records System Policy and Procedures Electronic Records System Policy and Procedures Training and Documentation Electronic Records System Policy—Other Information References
ARTICLE 12 IMPLEMENTATION OF POLICY 12.0 Conflicting Policies Repealed 12.1 Separability 12.2 Violation of Policy Provisions 12.3 Effective Date
New Hanover County Personnel Policies & Procedures ARTICLE 1 ORGANIZATION OF PERSONNEL SYSTEM 1.0
Purpose and Applicability
New Hanover County government exists to provide many varied services to the citizens of New Hanover County. Central to the success of services delivery and, therefore, a major management responsibility, is the organization and administration of a personnel system for one of the County’s most valuable resources—its employees. The consistent administration of personnel functions is conditioned by the proper application of personnel policies. These policies will establish a system which will recruit, select, develop and maintain an effective and responsible work force. This policy is established under the authority of Chapter 153A, Article 5 of the North Carolina General Statutes. This manual contains statements of personnel policies and procedures to be followed by all managers, department heads and other employees, except as noted in specific articles and sections herein.
1.1
Policies Not Employment Contract, Not All-Inclusive Nature of Employment
The policies, information and guidelines set forth are not intended to be comprehensive or to address all possible applications of, or exceptions to, the general policies and procedures described. Likewise, they are not intended to create a contract, nor do they confer any contractual right, express or implied, to employment with New Hanover County or guarantee any fixed terms and conditions of employment. Employees of New Hanover County are at-will employees. They are free to resign at any time, with or without notice or cause. Similarly, the County may terminate the employment relationship at any time, with or without notice or cause, so long as there is no violation of applicable federal or state law. The personnel policies, information and guidelines may be amended or canceled at any time, with proper approvals as set forth herein. While it is the intent of the County to promptly notify all affected employees of changes, unfortunately circumstances do not allow a guarantee that prior notice can be given and the policy in effect at the time will simply have to govern.
1.2
Responsibility
Responsibility for the administration of these policies and procedures is designated as follows:
1.2.1
Responsibility Board of County Commissioners
The Board of County Commissioners shall establish personnel policies and rules, including the position classification and pay plan, and shall make and confirm appointments when so specified by law.
Established: May 1977 Last Revised: October 19, 2009
Article 1—Organization of Personnel System
Page 1
New Hanover County Personnel Policies & Procedures 1.2.2
Responsibility County Manager
The County Manager will be responsible to the Board of County Commissioners for the administration and technical direction of the personnel program. The County Manager shall have the final authority in decisions in employment and disciplinary reduction in pay, suspension or dismissal of all County officers and employees in accordance with the policies and procedures set forth herein, except for those who are elected by the people or whose appointment is otherwise provided for by law. The County Manager will recommend to the Board of County Commissioners consideration of rules and revisions to the personnel system and policies and approval of revisions to the position classification plan or pay plan.
1.2.3
Responsibility Human Resources Director
The Human Resources Director will be responsible to the County Manager for the regular maintenance of the personnel program. The Human Resources Director will, among other responsibilities: a. Establish and maintain human resources information systems and personnel records for all County employees, in accordance with applicable federal, state and local laws and regulations and the policies and procedures set forth herein; b. Develop and administer such recruiting programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the County; c. Develop and coordinate training and educational programs for County employees; d. Stay abreast of personnel and employee benefit trends and legal developments; investigate periodically the operation and effect of the provisions of this policy; and make recommendations to the County Manager for appropriate personnel policy and employee benefit revisions; e. Maintain exempt and non-exempt Fair Labor Standards Act (FLSA) classifications on all positions to ensure compensation practices are compliant with the FLSA; and f. Perform such other duties as may be assigned by the County Manager not inconsistent with this policy.
1.2.4
Responsibility Managers and Supervisors
It is the responsibility of each and every covered member of management to administer these policies in a consistent and impartial manner.
1.2.5
Responsibility Employees
All covered employees are expected to adhere to the standards of conduct and job performance and other conditions of employment specified in these policies and procedures.
Established: May 1977 Last Revised: October 19, 2009
Article 1—Organization of Personnel System
Page 2
New Hanover County Personnel Policies & Procedures ARTICLE 2 THE POSITION CLASSIFICATION PLAN 2.0
Purpose and Applicability
The purpose of the County position classification plan is to provide the structure through which the County may recruit and retain qualified employees and the needed foundation for the compensation plan. This plan is designed to facilitate adequate classification and compensation treatment internally and put the County on a competitive basis with other governmental and private organizations, consistent with the availability of funds and the County's allocation of resources. All authorized regular (non-temporary) positions are part of the position classification plan.
2.1
Policy
The position classification plan shall provide a complete inventory of all authorized regular (non-temporary) positions in the County service and an accurate description and specification for each class of employment. In order to insure its continuing value as a personnel management tool, the position classification plan will be maintained to reflect the current work assignments and other conditions and requirements which are factors in proper classification and allocation of positions. The classification plan shall consist of: a. A grouping of positions in classes which are approximately equal in difficulty and responsibility which call for the same general qualifications and responsibilities, and which can be equitably compensated within the same range of pay under similar working conditions; b. Class titles descriptive of the work of the class; c. Written specifications for each class of positions; and d. An allocation list showing the classification title of each position in the classified service. The classification plan is to be used: a. As a guide in recruiting and examining applicants for employment; b. In developing work plans in the County Performance Management Process (PMP); c. In determining lines of promotion and in developing employee training programs; d. In determining salary to be paid for various types of work; e. In determining personnel service items in departmental budgets; and f. In providing uniform job terminology.
Established: May 1977 Article 2 – The Position Classification Plan Last Revised: November 15, 2010
Page 1
New Hanover County Personnel Policies & Procedures 2.2
Procedures— Classification and Reclassification
Requests for position classification and reclassification must be made by the Department Head to the Human Resources Director. The request should provide a justification for the requested action and be supported by a completed Position Description Questionnaire (PDQ), which is a tool used by the Human Resources Department to analyze job functions and evaluate the position. When this process involves new budgeted positions, it is called classification. When it involves existing classified positions which have substantially changed since initial classification, it is called reclassification. The Human Resources Department will review the PDQ and perform job analysis and job evaluation using the position evaluation methodology used by the County. The staff member assigned the classification or reclassification review may conduct desk audits or interview department personnel as part of the analysis. The staff member will make a report and recommendation to the Human Resources Director who will, in turn, make a recommendation to the County Manager. The County Manager has the final approval authority on classifications and reclassifications.
2.3
Reclassified to Higher/Lower Pay Grade
If an occupied position is reclassified to a lower pay grade due to reorganization or some other reason not related to the employee’s performance, the pay rate shall remain the same, as long as it is within the pay range of the new pay grade. If the employee’s pay rate before the reclassification is higher than the maximum pay rate of the new pay grade, the employee should expect the pay to be reduced to a pay rate within the new pay range. If a position is reclassified to a higher pay grade, the pay rate shall be adjusted to the minimum pay rate of the new pay grade. In unusual circumstances, with approval by the Human Resources Director, the pay rate may be established up to the target rate of the new pay grade or, with approval by the County Manager, the pay rate may be set at a higher rate within the new pay grade.
2.4
Responsibility
Responsibility for maintaining the position classification plan is as follows:
2.4.1
Responsibility Board of County Commissioners
A listing of established classifications for budgeted positions and corresponding pay grade assignments shall be adopted by the Board of County Commissioners as the County’s position classification and pay plans for the stipulated fiscal year.
Established: May 1977 Article 2 – The Position Classification Plan Last Revised: November 15, 2010
Page 2
New Hanover County Personnel Policies & Procedures
New positions shall be established only with the approval of the Board of County Commissioners after review by the Human Resources Director and a recommendation by the County Manager to either (1) allocate the new position to the appropriate position classification within the existing position classification plan, or (2) recommend that the Board of County Commissioners amend the position classification plan to establish a new position classification to which the new position may be allocated. 2.4.2
Responsibility County Manager
The County Manager shall allocate each existing position covered by the position classification plan to its appropriate classification in the position classification plan. The County Manager shall be responsible for the overall administration and maintenance of the position classification plan. When the Human Resources Director finds that a substantial change has occurred in the nature or level of duties and responsibilities of an existing position, he or she will make a recommendation regarding that position to the County Manager. The County Manager may: (1) direct that the existing classification specification be revised, or (2) reallocate the position to the appropriate classification within that existing classification plan, or (3) amend the position classification plan to establish a new classification to which the position may be allocated, or (4) recommend that duties and responsibilities return to the original assignment.
2.4.3
Responsibility Human Resources Director
The Human Resources Director is responsible for the daily administration and maintenance of the position classification and compensation plans. The Human Resources Director shall conduct or direct comparative studies of all factors affecting the level of salary ranges and recommend to the County Manager a pay plan for the County Manager’s consideration in the preparation of the recommended annual budget. In administering the position classification and pay plans, the Human Resources Director uses an established position evaluation method adopted by Board of County Commissioners to classify and evaluate positions and to create the classification specification document.
2.4.4
Responsibility Department Heads
The department heads shall be responsible for bringing to the attention of the County Manager or Human Resources Director (1) the need for new positions, and (2) material changes in the nature of duties, responsibilities, working conditions, or other factors affecting the
Established: May 1977 Article 2 – The Position Classification Plan Last Revised: November 15, 2010
Page 3
New Hanover County Personnel Policies & Procedures classifications of any existing positions.
Established: May 1977 Article 2 – The Position Classification Plan Last Revised: November 15, 2010
Page 4
New w Hanoveer County y Personn nel Policies & Pro oceduress ARTICLE A 3 THE PAY Y PLAN 3.0
Purpose P and d Applicabilit A ty
The pay p plan prov vides structuure through w which emplooyee pay is determ mined in com mpliance witth federal, sttate and locaal laws and iin accorrdance with the t principlees of positionn evaluationn, a fair livingg wage, and pay forr performancce. This pollicy applies tto all budgetted, regulaar positions, with some eexceptions aas noted hereein.
3.1
Policy P
C pay y plan shall ccompensate employees ffor work of The County’s varyin ng responsib bility, establiish methods of rewardinng employees for meritorious servicce, facilitatee adjustmentss to changinng economic and emplo oyment cond ditions requiiring changees in pay leveels and interrelatio onships, and d establish paay rates which compare favorably w with those of public an nd private orrganizations competing ffor employee skills similar to th hose used byy the Countyy, consistent with the availaability of fun nds and the C County's alloocation of reesources.
3.2
Pay P Plan Structure S
The pay p plan shalll consist of one or moree salary scheedules. Each classiified and evaaluated posittion has a paay grade withh a range includ ding a minim mum rate of pay, a markket (target) raate of pay, annd a maxim mum rate off pay.
3.3
Merit M Pay
The pay p ranges arre intended tto furnish addministrativee flexibility iin recog gnizing indiv vidual perforrmance amonng employeees holding positiions in the saame classificcation by rew warding empployees for meritorious servicce. Advanceement througgh the range will be accom mplished und der the guideelines establlished in the County’s Perfo ormance Man nagement Prrocess (PMP P). The follow wing generaal provisions will go overn the graanting of thoose within-thhe-range increm ments: a. Ev very regularr (non-tempoorary) emplooyee should hhave a workk plan att the beginniing of the peerformance rreview periodd which setss fo orth perform mance expectaations for thhe upcoming year and thee measurements m s that will bee used to evaaluate perforrmance at thhe en nd of the perrformance reeview periodd. b. Ev very regularr (non-tempoorary) emplooyee shall haave a minimuum off one full perrformance reeview duringg the fiscal yyear, whetheer it reesults in a paay increase oor not. c. Employees in n the introducctory periodd of employm ment shall haave a peerformance review r to deetermine eliggibility to continue em mployment at a the end off the introducctory periodd. d. Employees in n the introducctory periodd of employm ment are not elligible for a merit m increaase until theyy have succeessfully co ompleted thaat period. W When they havve successfuully completeed it, deepartment heeads have thhe option of aawarding a m merit increasse,
Established d: May 1977 Last Revised: March 12, 2012
Article 3 – The Pay P lan
1
New w Hanoveer County y Personn nel Policies & Pro oceduress prrovided they y follow the gguidelines aas set forth herein. e. Employees whose w perform mance is rateed below “m meets ex xpectations”” are not eliggible to receiive a merit inncrease. f. Employees whose w perform mance is rateed as “meetss expectationns” without w any documentatio d on of meritorious servicee exceeding ex xpectations set s forth in thhe work plann for that poosition may reeceive no meerit increase or only a maarginal one. g. Employees whose w perform mance is rateed as “meetss expectationns” with w documen ntation of meeritorious seervice exceedding expectaations seet forth in the work plan for that position may reeceive a meriit in ncrease. Meritt awards are subject to thhe availabilitty of funds aand to any ruules establlished for a fiscal f year. 3.4
Merit M Pay EXCEL E
A perrformance-based merit pprogram, it iss an enhanceement to the pay plan which w rewarrds employeees for meritoorious servicce who woulld otherw wise be ineliigible for a m merit award because of bbeing at a raate on the hiigh end of th he range. Eli gible employyees may receive, as a regulaar merit incrrease, a per ccent increasee that would take them too the maxim mum rate in combinationn with a onee-time lump--sum bonus ffor the baalance of thee merit awarrd. For exam mple, if an em mployee is tw wo per ceent (2%) bellow the maxiimum rate bbut the deparrtment head wantss to award a four per cennt (4%) meriit award, the employee w would receiv ve a two per cent (2%) aaward to reacch the maxim mum rate and a two per p cent (2%)) one-time bbonus to makke up the total merit awaard. If curren ntly at the maximum m ratte, the emplooyee would rreceive the eentire amou unt of increasse as a lumpp-sum awardd, with no chaange to the bbase pay raate. This inccrease is subjject to the avvailability off merit fundss, just as a are regularr merit awarrds.
3.5
Merit M Pay Bonus B
Meritt bonuses maay be used aas an alternattive to, or in some comb bination with h, regular meerit increasess. They mayy be given in recog gnition of a single s accom mplishment oor for continuued meritoriious perforrmance. Merit bonuses aare given as a lump sum m award, withh no chang ge to the base pay rate. T This bonus iss subject to tthe availability of merit funds, just as a are regulaar merit awar ards.
3.6
Merit M Pay Special S Allowance A
Appro oval for speccial allowances to emplooyees in the unclassifiedd and classiified service, which amoounts are outtside of the pparameters oof salary y ranges prov vided in thiss plan, must be obtained by the Boarrd of Coun nty Commisssioners.
3.7
Merit M Pay Incentive I Pllan
C Manaager may proovide alternative compeensation for The County emplo oyees, outsid de of the parrameters of tthe salary plaan, through tthe
Established d: May 1977 Last Revised: March 12, 2012
Article 3 – The Pay P lan
2
New w Hanoveer County y Personn nel Policies & Pro oceduress establlishment of an a incentivee plan. The inncentive plann shall consiist of recog gnition/rewarrd programs for employeees who perfform particuularly meritorious servicce for the Coounty. 3.8
Establishing E g Pay P Rates
All em mployees co overed by thee position classification and pay planns, shall be paid at a base pay ratte within thee salary range establishedd for their respective r jo ob classificat ations, exceppt for employyees in a “train nee” status or employeess whose perfformance hass resulted in a pay raate assignmeent below thhe minimum rate of the ppay grade forr their classification c n.
3.8.1
Establishing E g Pay P Rates Pay P Zones and a Differential D ls
y differentialls to distinguuish some poositions from m Theree may be pay otherss in the samee broad posiition classificcation, as foollows: a. Pay Zones: Pay P zones maay be establiished to distinguish leveels within w the sam me broad possition classiffication wheen there mayy be vaarying respo onsibilities orr required quualificationss. The Humaan Resources R Dirrector establlishes pay zoones. A payy zone structuure ov verlays the range r structuure, and mayy be designatted as a sepaarate paay grade/ran nge. b. Differential D Pay: P Departm ment heads m may use diff fferential payy to co ompensate for fo certain di fferences am mong positioons within thhe saame broad cllassification which are nnot substantial enough too diistinguish lev vels or classsifications, ee.g., shift assignment, speecial sk kills or addittional responnsibilities. D Differential pay can be shhortteerm or long-tterm. Differeential pay dooes not channge the base pay raate assignmeent; it is treatted as separaate pay, and it shall be taaken aw way if the sittuation channges so that tthe differencce no longer ex xists. Differeential pay is not a perforrmance-baseed award, andd sh hall not be a substitute foor merit awaards. Departm ment heads sshall usse this pay with w discretioon, and mustt present prooposals and gget prrior approvaal from the H Human Resouurces Directtor.
3.8.2
Establishing E g Pay P Rates Trainees T
Appliicants or emp ployees whoo do not meeet the establiished minim mum requirrements of th he position tto which theey are appoinnted should bbe appoiinted at a pay y rate lower than the minnimum rate of the assignned pay grade. g Norm mally, the traiinee pay ratee is the minim mum rate off the pay grade g below the t pay gradde establisheed for the jobb (or a similaarly lowerr rate if no lo ower pay graade exists), uunless placem ment at an even lowerr rate is apprropriate and approved byy the Humann Resources Direcctor. mployee will remain at a trainee ratee until the deepartment heead An em certiffies that the trainee t is quaalified to asssume full ressponsibilities of
Established d: May 1977 Last Revised: March 12, 2012
Article 3 – The Pay P lan
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New w Hanoveer County y Personn nel Policies & Pro oceduress the po osition and the t Human R Resources Director or Coounty Managger appro oves the certiification. nees are eligiible to receivve merit incrreases, subjeect to the Train appliccable section ns of this Arrticle, exceptt that such inncreases cannnot resultt in placemen nt at a pay raate equal to or above thee minimum rrate of thee pay range established e ffor the job. W When traineees have beenn appro oved for rem moval from trrainee status, they will reeceive a salaary adjustment to the minimum raate of the paay range estaablished for tthe job. 3.8.3
Establishing E g Pay P Rates Hiring, H Promotion, P Reclassifica R ation, t or Transfer T
Appliicants hired or employeees reclassifieed, promotedd, or transferrred to ano other classifi fication norm mally will bee placed on thhe minimum m rate of thee new pay raange, except in those casses where thee employee m must enter as a trainee or where unnusual circum mstances apppear to warraant pay at a a higher raate wherein tthe Human R Resources Director shall have the au uthority to ap pprove appoointments maade above thhe minimum rate of thee range up to o the target rrate and the C County Mannager must appro ove appointm ments above the target raate. ansferred beccause of perfformance or Emplloyees reclasssified or tran discip plinary reaso ons shall nott receive a paay increase; rather, they shoulld expect to receive r a payy decrease.
3.8.4
Establishing E g Pay P Rates Temporary T y Reassignme R ent to t Another Classificatio C on
Established d: May 1977 Last Revised: March 12, 2012
Someetimes, it is necessary n to temporarilyy reassign ann employee to dutiess and respon nsibilities of another classsification orr to a positioon in anoth her classificaation to addreess a particuular problem m or a personnnel shortaage (e.g., thee extended aabsence of annother emplooyee or a superrvisor). Such h reassignmeents shall occcur only throough writtenn notifiication, recom mmended byy the departm ment head, aand approvedd by the Human H Resou urces Directoor. The duraation of suchh reassignments must be no less th han thirty (300) days and no more thaan twelve (122) month hs. Employeees reassigneed to a lowerr classification level shoould not bee penalized in i salary by placement inn the correspponding low wer pay raange. They would w continnue in the cuurrent pay raange, enjoyinng all beneffits and increeases as thouugh no transffer had takenn place. Emplloyees reassiigned to a hiigher classifiication levell should be granteed a five perr cent (5%) iincrease or ppaid at the m minimum ratee of the hiigher classifi fication pay rrange, whichhever is greaater, while servin ng in the hig gher classificcation. Whenn the temporrary assignm ment ends and the emp ployee returnns to the low wer classificaation, the ratee of hould equal the rate the employee w was paid prioor to the pay sh tempo orary reassig gnment, pluss any pay inccrease granteed, or whichh would d have been granted, durring the periiod of the tem mporary assign nment. Shou uld this resullt in a salary which is at,, or exceeds, the Article 3 – The Pay P lan
4
New w Hanoveer County y Personn nel Policies & Pro oceduress maxim mum rate off the pay rangge for the loower classificcation, the raate would d be capped at that maxiimum rate annd the emplooyee would contin nue to be eligible for meerit awards thhrough the E EXCEL merit progrram. 3.8.5
Establishing E g Pay P Rates Involuntary I y and a Voluntary Demotions D
Emplloyees demoted for disciiplinary or performance reasons shouuld expecct to have theeir salary redduced. The aamount of reeduction wouuld be determined by y the supervi sor and the ddepartment hhead and oved by the Human H Resoources Direcctor, and wouuld be continngent appro on thee severity off the offense or deficienccy. Emplloyees involu untarily dem moted for reaasons other thhan disciplinne or perforrmance or who w request a voluntary ddemotion shhould also exxpect to hav ve their salarry reduced too a salary w within the payy range of thhe new position. p Th he amount off reduction w would be dettermined by the superrvisor and the departmennt head basedd on consideeration of sevveral factorrs such as in nternal equityy and the em mployee’s quualifications comp pared to the qualification q ns of the job,, and it mustt be approvedd by the Human H Resou urces Directoor.
3.8.6
Establishing E g Pay P Rates Part-time P Service S
p plan estaablished by tthis policy iss for full-tim me service. A An The pay emplo oyee appointted for less tthan full-tim me service wiill be paid att a base rate r within th he pay rangee establishedd for full-tim me positions within n the classifi fication. How wever, the annnual salary will be affeccted by thee number off hours budgeeted/workedd in the year..
3.8.7
Establishing E g Pay P Rates Temporary T y Employees E
Emplloyees in tem mporary posiitions shall bbe classified and paid at a rate in n the pay graade establishhed for regullar positionss in the classiification, or at a rate estaablished for ttemporary eemployees curren ntly serving in the tempoorary positioon classificattion. Tempoorary positiions are not budgeted b reggular positioons and, therrefore, are noot classiified and evaaluated in thee same way.. Normally, the departm ment head, in consultattion with thee Human Resources Direector, determ mines the jo ob title and pay p rate for ttemporary poositions.
3.9
Market M Adjustment A ts
Maintenance of th he pay plan m may includee annual survveys of laborr a comparaative salary ddata. As a reesult, approppriate markeet statistics and rangee changes or in-range adjjustments m may be made to the pay plan. Thesee adjustmentts are called market adjuustments. Inndividual emplo oyees’ rates may or mayy not change, depending upon their ppay rates before the adjustment, thhe extent off the adjustm ment, their oyment statu us and their pperformancee rating at thhe time of thee emplo adjustment.
Established d: May 1977 Last Revised: March 12, 2012
Article 3 – The Pay P lan
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New w Hanoveer County y Personn nel Policies & Pro oceduress Mark ket Adjustmeent Eligibilityy Criteria: a. An A employee’s departmennt head mustt certify thatt the employyee’s jo ob performan nce “meets eexpectations.” b. Regular R (non--temporary) employees iin an active work status who meet m the estab blished perfoormance critteria will recceive the marrket ad djustment. c. Regular R employees who ddo not meet tthe performaance criteriaa at th he time of the adjustmennt will not bee eligible forr the adjustm ment att that time orr at a later daate in the fisscal year. d. Employees in n a leave-with thout-pay staatus at the tim me of the ad djustment arre not eligiblle for the adjjustment, buut may becom me elligible when n they return to work if thhey are certiified as havinng met m the establlished perforrmance criteeria. If, in a pay plan revision, a cllassification is assigned tto a differennt pay gradee, employeess in that classsification wiill be placedd in the new ggrade at theeir current raate. If the adj djustment ressults in an em mployee beinng at a ratee lower than the minimum m rate of thee new pay grrade and the emplo oyee’s perfo ormance is raated “meets eexpectationss,” the emplooyee will be b placed at the t minimum m rate; if thee employee’ss performancce is rated “does not meet m expectattions,” the em mployee willl be placed in a lowerr pay grade or o at an exceeption pay raate to maintaain the currennt rate of o pay. If thee adjustmentt results in an employee being at a raate abovee the maximu um rate of thhe new pay ggrade, the em mployee’s pay will be b frozen at that t rate untiil that rate iss within the ppay grade too which h that positio on is assigneed. mum, target aand In an in-range adjjustment, thee salary struccture (minim mum rates) may m not chaange, but rathher employees may advaance maxim by a prescribed p per cent increease within tthe range of their pay graade. y increases received r as a result of a m market adjustment will nnot Salary be creedited towarrds any ceilinng on merit iincreases; suuch increases are tied to o performan nce only so fa far as to asceertain eligibillity. 3.10
Overtime O Pay P
Established d: May 1977 Last Revised: March 12, 2012
The Human H Reso ources Deparrtment determ mines whethher positionss are exem mpt or non-ex xempt from oovertime undder the Fair Labor Standdards Act (F FLSA) guideelines for FL LSA classification of positions. Emplloyees classified as non- exempt from m the FLSA shall be paidd overtiime at the raate of time-annd-one-halff for all hourss worked in excesss of forty (4 40) hours in tthe County’ss 7-day workk week (Tuessday-Monday). As exem mpted in secttion 207(k) oof the FLSA A, non-eexempt sworrn law enforccement persoonnel shall bbe paid overttime for all hours work ked in exces s of 171 houurs in a 28-dday work perriod and non-exempt n firefighters f sshall be paidd overtime foor all hours iin Article 3 – The Pay P lan
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New w Hanoveer County y Personn nel Policies & Pro oceduress excesss of 212 hou urs in a 28-dday work perriod. 3.10.1 Overtime O Pay P and a Other Paid P Leave
ministrative or other paidd Time spent in perrsonal, sick, holiday, adm worked in coomputing houurs towards the leave is not countted as time w hold for overrtime pay. thresh
3.10.2 Overtime O Liability: L Supervisor’ S ’s Responsibil R lity to t Minimizee
Superrvisors shall arrange worrk scheduless of employeees so that overtiime work is not necessarry. Howeverr, when it is unavoidablee, superrvisors shoulld exhaust alll alternativees to direct oovertime payy, as described herein: a. Time off during the same work week— —Supervisoors may requuire mployees to take time offf without paay on an houur-for-hour bbasis em du uring the sam me work weeek in which the daily ovvertime is woorked to o keep them from workinng more thann 40 hours inn that work week. w b. Time off in th he second woork week off the pay periiod—If em mployees wo ork over 40 hhours in the first work w week of the ppay peeriod, overtime must be paid for thoose hours in eexcess of 400. However, H sup pervisors maay offset the overtime sallary cost by reequiring them m to take tim me off withouut pay at thee time-and-onnehaalf rate in the second woorkweek of thhe pay periood so that thee em mployee’s pay check wi ll reflect thee normal payy for a pay peeriod.
3.11
“Comp “ Tim me”
The County C does not have a ““comp time”” policy, i.e.,, a policy unnder which h non-exemp pt employeess may bank compensablle time off inn lieu of beiing paid oveertime.
3.12
Unauthoriz U zed Work W
Hourss worked by y an employeee without thhe supervisor’s permissioon or contraary to instructions may oor may not bbe consideredd as hours workeed, and the supervisor s shhould consullt with the H Human Resouurces Deparrtment in such a situatioon. Unrecordded hours worked duringg a work week by an employee aat the job sitee or at home must be couunted as hou urs worked if i the employyer knows oor has reasonn to know off such work practiice. Supervissors are respponsible for m monitoring eemployees’ w habitss so that no unauthorized u d work is beeing perform med. Perform ming unautthorized worrk can be a bbasis for discciplinary actiion.
3.13
Compensat C ion Policies P Applicable A to the t FLSA
All co ompensation n policies an d procedures, including compensatioon for traavel time, vo olunteer worrk, training ttime, and woorkshops, meetiings or semin nars will be administereed according to the requirrements of th he FLSA.
Established d: May 1977 Last Revised: March 12, 2012
Article 3 – The Pay P lan
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New w Hanoveer County y Personn nel Policies & Pro oceduress 3.14
Exempt E Employee E Pay P Deductions D
A Special Sallary Test Ruules for the P Public In acccordance witth the FLSA Secto or, exempt em mployees shhall be placedd on leave w without pay ffor full-d day or partiall-day absencces for persoonal reasons or because oof illnesss or injury when w accruedd leave is noot used by thhe employee becau use: a. Peermission fo or its use hass not been soought or has been soughtt and deenied; b. Accrued A leavee has been e xhausted; orr c. Th he employeee chooses to use leave w without pay. Dedu uctions from pay for abseences due to a budget-reequired furlough or to a disciplinarry suspensioon for major safety or perrformance isssues will not n affect thee employee’ss exempt staatus, except ffor the workk week in which the furlough oor suspensionn occurs. Exem mpt employeees who belieeve their payy has been im mproperly deduccted should contact c theirr immediate supervisor oor departmennt head or any Hum man Resourcees Departmeent staff mem mber immediiately quest an inveestigation. R Reports of im mproper deduuctions will bbe to req promp ptly investig gated. If it is determinedd that an imprroper deducttion has occcurred, a reeimbursemennt will be proomptly madde to the comp plainant and any other addversely imppacted emplooyee discoveered in thee course of th he investigattion.
3.15
On-Call O Pay y
New Hanover Co ounty providdes compensaation for nonn-exempt oyees who are a required tto be availabble for after--hours emplo emerg gency on-calll coverage. On-call rotaation scheduules must be appro oved in advance by the D Department H Head in conssultation witth the Humaan Resources Director. Compensatiion for time spent while oncall and a for time spent s when aactually callled back to w work shall bee determ mined in acccordance witth the proceddures and ruules outlined below w: • Employeees approved for on-call sstatus will bee paid for noonwork on-ccall time usinng the formuula “Actual nnon-work onn-call hours x .0 0625 x emplooyee’s hourlly rate.” • All time responding too a call, inclluding time sspent on the telephone and in portaal-to-portal ttravel shall bbe recorded aas regular (or overtime, iif appropriatte) hours rathher than as nnonwork on-ccall hours. On-caall duty whicch substantiaally restrictss an employeee’s movemeents shoulld be revieweed by the Huuman Resouurces Directoor to determiine that th he employeee is appropriiately paid. O On-call pay is not requirred by thee law, but when w it is extrremely restriictive in natuure it can bee considered compeensable workk time underr the FLSA.
Established d: May 1977 Last Revised: March 12, 2012
Article 3 – The Pay P lan
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New w Hanoveer County y Personn nel Policies & Pro oceduress
3.16
Call-Back C Pay P
ployees not aapproved forr on-call statuus who are Non-eexempt emp called d back to wo ork outside oof normal woorking hourss in an emerg gency situatiion are guaraanteed a minnimum of tw wo (2) hours pay. The tiime spent on n the telephoone and in trravel from hoome to the w work site an nd back is co ompensable work time.
3.17
Emergency E Pay P
Regular employees who perfoorm emergenncy duty maay be eligiblee to ve special em mergency paay. Temporaary employees are not receiv entitleed to emergeency pay. H However, theey will be paaid for all tim me workeed during an n emergencyy. Hourss worked at the emergenncy pay rate are counted as hours woorked for ov vertime purp poses.
3.17.1 Emergency E Pay P Non-Exemp N pt Employees E
Non-eexempt emp ployees requiired to reporrt to work orr remain at w work in ressponse to thee emergencyy shall be com mpensated aat their regulaar rate of o pay for alll hours workked and may receive adm ministrative lleave pay for fo that period of time coonstituting alll or part of ttheir regularly sched duled work shift. s Any oovertime thaat may resultt will be paidd in accorrdance with the t “overtim me pay” policcy.
3.17.2 Emergency E Pay P Exempt E Employees E
FLSA A exempt em mployees bel ow the depaartment headd level: Whenn exem mpt employeees classified below the ddepartment hhead level aree requirred to work during an em mergency, thhey may receeive emergenncy pay at a the straightt-time rate fo for all hours w worked and may receivee admin nistrative leaave pay for tthat period oof time consttituting all orr part of theeir regularly scheduled w work shift. Deparrtment heads and managgers higher thhan departm ment heads arre not elligible for em mergency paay, but they m may receive administrative leave pay for thatt period of tiime constitutting all or paart of their regulaarly scheduled work shifft.
3.17.3 Emergency E Pay P On-Call O Pay y
Emplloyees design nated to rem main availablle for call-in for the duraation of thee emergency y shall receivve on-call paay in accordaance with thee oncall pay p provision ns in this Artticle. On-caall duty is whhen the emplloyee must be availablee to receive ccalls and repport to duty iimmediately if needeed. This is different d from m when empployees are sscheduled to report to emergen ncy duty at a predeterminned time or are scheduleed to call th heir supervissors at stipullated times. They wouldd not be eligible for em mergency on n-call pay. T There is a speecial emergeency on-call pay code for the time sheet.
3.17.4 Emergency E
Emerrgency pay shall commennce at the tim me the employee receivees the
Established d: May 1977 Last Revised: March 12, 2012
Article 3 – The Pay P lan
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New w Hanoveer County y Personn nel Policies & Pro oceduress Pay P Call-Back C Pay P
o report for duty d and willl continue uuntil the empployee returnns call to homee. An employ yee who resoolves emergeency issues vvia telephonne shall be compensated for all ttime spent onn the call wiith emergenccy u the em mergency payy code. The m minimum w work time pay, using provision described under thee Call Back P Policy in thiis Article shaall not ap pply in thesee incidences..
3.17.5 Emergency E Pay P Stand-By S Not N Compensab C ble
Emplloyees may volunteer v or be asked to have their nname placed on a rosterr in the Hum man Resourcees Departmeent to be callled in as relieef perso onnel. Emplo oyees in this status are noot eligible foor on-call paay. Generrally, they arre not requirred to be avaailable and nno disciplinaary action ns will be tak ken for failuure to responnd. These em mployees are usually scheduled d for duty at the Emergency Operatioons Center, tthe Emerrgency Public Informatioon Center, orr the co-locaation shelter((s).
3.17.6 Emergency E Pay P Travel T Time
Emplloyees reportting for emeergency dutyy shall be com mpensated fo for travell time and mileage m reimbbursement foor travel from m home to thhe emerg gency site an nd back hom me. This timee shall be compensated aas emerg gency pay, using u the em mergency payy code on thee time sheet.. Mileaage reimburssement shalll be at the esttablished coounty rate.
3.17.7 Emergency E Pay P Sleep S Time
An em mployee who o is requiredd to be on duuty for less thhan 24 hourss is considered to be working w eveen if allowedd to sleep during on-dutyy timess when he or she is not buusy. The sleeep time is coonsidered too be hourss worked eveen if the empployee is proovided with ssleeping facilitties on the em mployer’s ppremises. If aan employeee is required to be on du uty for 24 ho ours or more,, sleep time may be exclluded if all oof the follow wing conditions are met:: a. Th he employerr and employyee have maade a writtenn or implied ag greement to exclude a boona fide reguularly scheduuled sleep period off not more th han 8 hours oor less than 5 hours. b. Th he employerr provides thhe employee with adequaate sleeping faacilities. c. Th he employeee can usuallyy enjoy an un uninterruptedd night’s sleeep. Sleep p time may trraverse two (2) days. Shhow actual slleep time on each day.
3.17.8 Emergency E Pay P Duty D in Oth her Locales L Established d: May 1977 Last Revised: March 12, 2012
When n an employeee volunteerrs (with priorr approval bby the supervvisor and department d head) h or is asssigned to peerform emerggency-relateed work in another ju urisdiction, such time shhall be comppensated as emerg gency pay in n accordancee with the prrovisions in tthis Article, Article 3 – The Pay P lan
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New w Hanoveer County y Personn nel Policies & Pro oceduress using g the emergen ncy pay codde on the tim me sheet. Travvel time betw ween homee and work and a back, as w well as traveel from workk site to worrk site sh hall be comp pensable. 3.17.9 Emergency E Pay P 24/7 2 Departmen D ts
In thee departmentts with 24-hoour operatioons in which some emplooyees are ex xpected to reeport to theirr scheduled sshifts to perfform regularrly assign ned duties, regardless r off the emergenncy situationn, eligible emplo oyees who are a required tto work in thhe period of administratiive leave will receivee their regulaar rate of payy and adminnistrative leavve pay.
3.18
Theree are three (3 3) classes off payroll deduuctions: a. Sttatutory dedu uctions, manndatory for aall County em mployees: FIICA, federall and state inncome tax w withholding, oor retiremennt sy ystem (enrollled regular eemployees oonly) b. Voluntary V ded ductions authhorized in w writing by thee employee for: Elective insurrance, mediccal and dentaal insurance;; statement saavings progrram; United W Way Fund; D Deferred Coompensationn; Credit C Union;; 401(k); com mputer loan repayment; Flexible Sp pending Acccounts c. Sp pecial deducctions, whichh may be staatutory or court-ordered or a paart of some legal l agreem ment or settleement, includding but not lim mited to: Garnishmentss/levies; overrpayment off wages; undderdeeductions off statutory deeductions; coourt orders
Payroll P Deductions D
Established d: May 1977 Last Revised: March 12, 2012
Article 3 – The Pay P lan
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New w Hanoveer County y Personn nel Policies & Pro oceduress ARTICLE A 4 EMPLOY YMENT 4.0
Purpose P and d Applicabilit A ty
In esttablishing an nd followingg employmennt policies, thhe County strivees to attract, select and em mploy the m most qualifiedd and best suuited candiidates for position vacanncies, all the while fosterring and promoting equal employment e t opportunityy. These policies apply to all appliccants and em mployees appplying for thhe position.
4.1
Policy P
he policy off the County to employ aaccording to merit and It is th fitnesss. To that en nd, it will bee the practicee of the Counnty to use alll availaable means to t attract quaalified candiidates for em mployment, aand to maake such inveestigations aand examinaations as are deemed appro opriate to fairly assess thhe aptitude, eeducation annd experiencee, know wledge and sk kills, abilitiees, character and other sttandards requuired for po ositions in th he service off the County.
4.2
Equal E Employmen E nt Opportunit O ty Policy P
New Hanover Co ounty is com mmitted to maaintaining a work enviro onment that is free of di scriminationn. In accorddance with emplo oyment discrrimination laaw, the Counnty prohibitss any supervvisor, emplo oyee, agent or o customer of the Counnty from disccriminating again nst any indiviidual on the basis of race, sex, colorr, religion, nation nal origin, ag ge or disabillity. Personnnel decisionss (including decisiions affectin ng hiring, proomotion, woork assignmeents, discipliinary action ns, receipt off benefits, orr participatioon in organizzation-sponssored progrrams) shall not n be based on an indiviidual’s proteected status. Any appliccant for emp ployment or any employeee who belieeves a personnnel decisiion was baseed on their pprotected stattus may conntact Human Resou urces. All co omplaints off unlawful w workplace haarassment, inncluding sexuual harassment, will be b investigatted promptlyy and where necessary, priate actionn will be takeen to stop annd remedy anny immeediate approp such conduct. c An ny supervisoor, agent or eemployee fouund in violattion of this policy is su ubject to dissciplinary acction, includiing dismissaal.
4.3
Recruitmen R nt Procedures P
Established d: May 1977 Last Revised: December 9, 2013
As a position p becomes vacantt, the hiring department will submit a requissition to fill the vacancyy to the Hum man Resourcees Director. F For regulaar (non-temp porary) posittions, the Huuman Resouurces Directoor will submit s the reequisitions too the Countyy Manager foor approval tto fill. The T Human Resources D Director mayy approve fillling temporaary positiion vacanciees, after deterrmining the hiring deparrtment has sufficcient funds in n its temporaary salaries bbudget to suupport the positiion. Upon ap pproval to fi fill position vvacancies, thhe Human Resou urces Departtment will puublicize empployment oppportunities bby postin ng position vacancies v onn the Countyy website andd through othher Article 4 –Employmeent
P Page 1
New w Hanoveer County y Personn nel Policies & Pro oceduress recruiitment sourcces to reach aas wide a geeographic areea as is neceessary to attrract a good pool p of well--qualified appplicants from both the generral populatio on of potentiaal applicantss and protectted group minorrity applican nts. A hiriing department may requuest that a reecruitment oopportunity bbe open only to depaartmental em mployees (inttra-departmeental recruitm ment annou uncement) or to County employees ((interdepartm mental recruiitment annou uncement). IIf approved by the Human Resourcees Direcctor, the posiition vacancyy will be advvertised in thhe appropriaate deparrtment(s) and d those Counnty employeees who mayy apply mustt subm mit a completed County aapplication fo form in a tim mely manner. Appliications willl be processeed by the Huuman Resourrces Departm ment and appointments a s will be madde in the sam me manner aas outlined inn the abovee sections. Recru uitment anno ouncements will summarrize a descriiption of the availaable position n(s), the minnimum qualiffications reqquired and preferrred, salary information, i , and applicaation instructtions. Also,, they will contain c assurrances of equual employm ment opportuunity with thhe Coun nty. 4.4
Employmen E nt Application A ns
All peersons expreessing interest in employyment with tthe County w will be giv ven the oppo ortunity to fiile an applicaation for anyy position foor which h application ns are being advertised aand receivedd at that time. An appliccation must be b filed for eeach advertiised positionn vacancy forr which h an individu ual wants to be considerred. The Couunty does noot mainttain general applicationss or resumes for use withh future adverrtised positio on vacanciess, with the exxception of sspecified positiions for whicch the Countty continuouusly advertisses and acceppts appliccations.
4.5
Employmen E nt Selection S Procedures P
Humaan Resources Departmennt staff will rreceive appllications for adverrtised vacanccies, processs the applicattions, and sccreen the appliccations for qualifications q s. They mayy conduct preeliminary screen ning intervieews with sel ected appliccants. They m may also maake appro opriate records and otherr suitability cchecks. Theyy will select and refer a manageable number o f the most suuitably qualiified applicaants to thee hiring depaartment for innterview andd further selection activiities. The hiring h departtment will coonduct intervviews and m may conduct refereence checks. It will notiffy the Humaan Resourcess Departmennt when n a candidatee is selected, and will retu turn all appliications and referrral forms ind dicating the rreasons for sselection or rrejection of each of thee candidates.. The hiringg departmentt will make tthe offer of
Established d: May 1977 Last Revised: December 9, 2013
Article 4 –Employmeent
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New w Hanoveer County y Personn nel Policies & Pro oceduress emplo oyment conttingent uponn a successfuul pre-employyment drug screen ning. 4.6
Introductor I ry Period P of Employmen E nt
mployee app pointed to a ffull-time or ppart-time reggular (nonAn em tempo orary) position will serv e an introduuctory periodd of no less thhan six (6 6) months an nd no more thhan twelve ((12) months.. During the introd ductory perio od, an emplooyee may bee dismissed aat any time tthe hiring g authority feels fe the empployee is nott satisfactorilly performinng the asssigned dutiees. Before ccompletion oof an employyee’s introd ductory perio od, the emplloyee’s supeervisor or deppartment heaad will evaluate e the employee’s performancee and follow w the followiing proceedures: a. Discuss D the em mployee’s pperformance evaluation aand progresss with th he employee; b. Determine D an nd document whether thee employee’ss performancce meets m expectaations held ffor an employee at that ppoint in em mployment; c. Complete C a peersonnel acttion to retainn the employyee in the possition an nd move the employee fr from the introoductory perriod status; ex xtend the inttroductory peeriod for a ddesignated tim me, documeenting ex xpectations for f successfuul completioon; or demote, transfer orr diismiss the em mployee.
4.7
Temporary T y to Regular R Sta atus
No seervice credit shall be givven for time aand service w while in a tempo orary positio on; nor shall service creddit be given for such tim me upon transferring g into a regullar position.
Established d: May 1977 Last Revised: December 9, 2013
Article 4 –Employmeent
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New Hanover County Personnel Policies & Procedures ARTICLE 5 SEPARATION, REEMPLOYMENT 5.0
Purpose and Applicability
These policies set forth conditions under which employees separate from the County and former employees return to County service. They are applicable to all County employees, except as noted otherwise herein.
5.1
Types of Separation
Separations of employees from positions in the service of the County will be designated as one of the following: resignation, reduction in force, disability, retirement, dismissal or death.
5.1.1
Resignation
Employees may voluntarily resign from employment with the County at any time. A minimum of two (2) weeks’ notice is expected of all resigning personnel. Such notice should be given to the department head (or in the case of department heads, the County Manager). If an employee does not report to work or keep in contact with his or her supervisor for three (3) days or at the end of an approved leave of absence, it will be considered voluntary resignation. If the department head determines that it would be in the department’s best interest for the employee not to serve out a notice, he or she may accept the resignation and make it effective before the end of the full notice given.
5.1.2
Use of Leave After Notice of Resignation
The last day actually worked is the effective date of the separation. Employees may not use any type of paid leave to extend the effective date of separation. Supervisors are responsible for ensuring that sick leave privileges are not abused during the period the employee is serving out the notice. In order to determine whether to authorize use of sick leave, supervisors may require a doctor’s certification that an employee was sick and was treated.
5.1.3
Reduction-inForce (RIF)
For reasons of curtailment of work or lack of funds, the County Manager (or in the case of the following departments: Sheriff’s Office, Register of Deeds Office, Department of Social Services or Health Department, the respective department head) may separate employees. In determining the employees to be retained, consideration shall be given to the relative quality of each employee’s performance as documented by current performance evaluations, organizational needs, seniority or a combination thereof. No regular employee shall be separated while there are employees in a temporary, emergency, intermittent, trainee or introductory period
Established: May 1977 Last Revised: November 15, 2010
Article 5 – Separation, Reemployment
Page 1
New Hanover County Personnel Policies & Procedures status serving in the same class in the department unless the regular employee is not willing to transfer to the position held by the temporary, emergency, intermittent, trainee or employee in the introductory period. Established pay zones within broad job classifications may be considered as separate job classifications when determining employees to be retained during a RIF. In each RIF situation department heads must be consistent, either by treating each pay zone within a broad job classification as a separate job classification, or by treating each pay zone within a broad job classification as one job classification. Only employees in the Department of Social Services or Health Department may appeal a decision made in accordance with this policy. Appeals from these departments must conform to the provisions contained in the State Personnel Act. 5.1.4
Disability
An employee may be separated for disability when the employee cannot perform the essential functions of his/her job because of physical or mental impairment. Action may be initiated by the employee or the County, but in all cases it must be supported by medical evidence, as certified by a competent physician. The County may require an examination at its expense and performed by a physician of its choice. Before an employee is separated for disability, an effort shall be made to continue the employee’s service by making reasonable accommodations, including transfer of the employee to a vacant position for which the employee is qualified. An employee may be eligible for disability benefits, including disability retirement in some cases. He or she should contact a Human Resources Department staff member to ascertain eligibility.
5.1.5
Dismissal
The County may terminate the employment of an employee at any time, with or without cause, so long as the action is not the result of unlawful discrimination or the violation of some other employment law. With a temporary employee or a regular employee in the introductory period, the dismissal can be immediate and done without engaging in a formal process. However, the department head or supervisor should tell the employee the true reason(s) for the action. If the affected employee is in a regular position, the supervisor must give the employee the due process of a pre-dismissal hearing before making a decision. Until such hearing and decision, the department head may
Established: May 1977 Last Revised: November 15, 2010
Article 5 – Separation, Reemployment
Page 2
New Hanover County Personnel Policies & Procedures allow the employee to work or may place the employee on administrative suspension with or without pay. An employee who is dismissed should not expect to work a notice. Regular employees who have satisfactorily completed the introductory period of employment have the right to appeal a dismissal action. Temporary and regular introductory period employees do not have a right to appeal. 5.1.6
Retirement
Employees who retire usually plan in advance for this separation. Therefore, there is an expectation that retirees let their supervisor know at least a month prior to the effective date so that transition activities can be planned. Retirees may return to employment with the County after one month following the retirement date. There is a limit on these earnings before they affect the retirement benefit. More information can be located on the Local Government Employees’ Retirement System website.
5.1.7
Death
Separation will be effective as of the date of death. All compensation due in accordance with Article 7 of this policy will be paid to the estate of the employee. This section also applies to any elected New Hanover County official.
5.2
Types of Reemployment
Former employees may be reemployed if they resigned in good standing. Former employees may be reinstated within one year following being laid off in a reduction-in-force and they may be reinstated following a military leave of absence.
5.2.1
Reinstatement Following RIF Restoration of Sick Leave and of Personal Leave Accrual Rate
An employee in a regular or regular-introductory position who is separated in accordance with the reduction-in-force provision may retain his/her balance of unused sick leave and his/her personal leave accrual rate upon separation for one year after the date of separation. If suitable employment becomes available during this period, the employee may be reinstated at the request of the department head and the sick leave balance and personal leave accrual rate at the time of lay-off will be restored.
5.2.2
Reemployment Following Resignation— Restoration of Sick Leave
An employee who had previously resigned from County service in good standing or who was laid off in a reduction-in-force over a year prior and is re-employed in a regular (non-temporary) position may have previously accrued unused sick leave through prior County service be credited to his/her sick leave account. Upon
Established: May 1977 Last Revised: November 15, 2010
Article 5 – Separation, Reemployment
Page 3
New Hanover County Personnel Policies & Procedures reemployment, the County will credit prior accrued unused sick leave up to the maximum of sick leave the employee would earn in a year. Upon completion of five (5) years of service to the County from the most recent employment date, the remaining balance of prior sick leave will be credited to the employee’s sick leave account. Personal leave accrual rates based on prior service are not restored with re-employment (as opposed to reinstatement); rather, they are based on the most recent employment date as the date of employment for determining length of service. 5.2.3
Reemployment Prior Service and Service Awards
For the purpose of service recognition, prior County service is included in the calculation of length of service in determining eligibility for service awards.
5.2.4
Reemployment After Military Leave
An employee who enters extended active duty with the Armed Services of the United States, the Public Health Service, or with a Reserve component of the Armed Services is eligible for reinstatement to the same position or one of like status, seniority and pay. An employee in this category who is reinstated within five (5) years will be credited with previously accrued and unused sick and personal leave. The employee returning from military leave may receive any salary increases which he/she might have received had the employee remained in the position, subject to the availability of funds and the limit placed by the maximum of his/her salary range. If during military service, an employee is disabled to the extent that the employee cannot perform the essential functions of the original position, the employee shall be reinstated to a position with duties commensurate with the disability and his/her qualifications, if any such position is available.
Established: May 1977 Last Revised: November 15, 2010
Article 5 – Separation, Reemployment
Page 4
New w Hanoveer County y Personn nel Policies & Pro oceduress ARTICLE E 6 CONDIITIONS OF F EMPLOY YMENT 6.0
Purpose P and d Applicabilit A ty of o this Artiicle
This Article A descrribes the woorking condittions and woorkplace enviro onment emp ployees shouuld expect annd the expecttations held for emplo oyee conducct. It appliess to all emplooyees, exceppt as described herein n.
6.1
Workweek W
For payroll purpo oses, the worrkweek estabblished for N New Hanoveer nty employeees is the seveen-day periood from Tuessday throughh Coun Mond day. Generaally, the standdard operatiing hours andd scheduled work hours for County emplooyees is Monnday throughh Friday, 8:000am – 5:00 0pm. Howev ver, other woork schedulees are createdd for some deparrtments or op perations. W When the actiivities of a particular deparrtment requirre some otheer schedule tto meet workk needs, the Coun nty Manager may authoriize a deviatioon from the normal sched dule. Deparrtment heads are responsible for maanaging theirr workforce tto accom mplish deparrtmental respponsibilities in a mannerr that most effecttively meets customer reequirements.. Within theese general guideelines, departtment heads have broad discretion too develop annd impleement flexiblle work arraangements foor their emplloyees. Thesse may include i apprroved telewoork arrangem ments for quaalified exemp mpt or non-eexempt emplloyees, as deetermined byy the departm ment head, w when requirred work outcomes are w well-definedd with clear m measures of succeessful accom mplishment. N Non-exemptt employeess working off ff-site must keep detaileed records off time workeed, and care must be takeen to avoid d overtime siituations. W Work schedulles and comppensation muust meet the requirem ments of the County’s woorkweek andd overtime comp pensation pollicies and wiill be adminiistered accorrding to the Fair Laborr Standards Act A (FLSA) guidelines. For reeasons of cu urtailment off work or lacck of funds, tthe County Manaager, in consultation withh the Board of County C Commissioneers, may institute i chan nges to workk weeks, dayys and hourss of operationn of Coun nty offices, work w schedulles, and the nnumber of hhours employyees may be b scheduled d to work, foor as long as the County Manager deeems necesssary. The Co ounty Manaager, in consuultation withh the Board oof Coun nty Commisssioners, may implement a furlough pplan.
6.2
Breaks B
Established d: May 1977 Last Revised: December 9, 2013
Coun nty employeees may be grranted a ten ((10) minute break in thee morning and afterrnoon (exceppt where thee duties and rresponsibilitties of thee job prohibiit such), at w which time thhey may leavve their worksstations to pursue personnal interests.. Breaks aree not required by any employment law; rather, this provisioon is simply County poliicy. Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress
6.3
Gifts G and Favors F
No em mployee of the t County w will accept aany valuable gift, whetheer in the fo orm of servicce, loan, thinng or promisse from any pperson who to the em mployee’s kn nowledge is interested ddirectly or inndirectly in aany mann ner whatsoev ver in busineess dealings w with the Couunty. No off fficial or em mployee will accept any ggift, favor, oor thing of vaalue that mayy tend to t influence that employyee in the disscharge of duuties. No officiial or employ yee will grannt in the disccharge of dutties any impro oper favor, service, or thhing of valuee.
6.4
Solicitation S Purpose P and d Applicabilit A ty
C fully supports thee efforts of eemployees too raise fundss for The County charittable causes and non-proofit organizaations, as lonng as these activiities do not conflict c withh conductingg County bussiness duringg regulaar hours of operation. o T Therefore, a ppolicy has been developped with respect r to so oliciting donaations on Coounty properrty or time. This policy y applies to all employeees.
6.4.1
Solicitation S Policy P
Emplloyees shall not n use the C County e-maail system too broadcast soliciitations for donations d to a charitable cause or nonn-profit organ nization, unleess with prioor approval bby the Countty Manager. Howeever, employ yees may usee the Countyy intranet sitte to do so. Soliciiting donatio ons for chariitable causess or non-proffit organizatiions within n an employ yee’s departm ment is allow wable with pprior approvaal of the deepartment heead. Solicitiing donationns from emplloyees in othher deparrtments mustt be approveed by the Couunty Managger or his designee. Soliciiting, taking and deliveriing orders, rreceiving payyments and relateed activities shall s not inteerfere with tthe employeee’s work or tthe work of others. These T activitties should bbe restricted to employeee break ks and lunch times. Theree may be som me fund-raissing campaiggns endorsedd by the Couunty which h may be exeempt from thhe prohibitioons in this poolicy.
6.5
Political P Activity A Restricted R
Established d: May 1977 Last Revised: December 9, 2013
Every y employee has h a civic reesponsibilityy to support good goverrnment by ev very available means andd in every apppropriate mann ner. Employeees may joinn or affiliate with civic orrganizationss of a partissan or politiccal nature, m may attend poolitical meettings, may advoccate and supp port the prinnciples or poolicies of civvic or politicaal organ nizations in accordance a w with the Connstitution andd laws of thee State of North Caarolina and inn accordance with the C Constitution aand laws of o the United States of A America. Hoowever, no eemployee wiill: a. En ngage in any y political orr partisan acttivity while on duty (In ad ddition to no ormal work, the words “oon duty” shaall be undersstood Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress
b.
c.
d. e.
to o include atteendance andd participatioon in functionns where po olitical cand didates or parrties are enddorsed if Couunty funds arre ussed for expense of travelling or mem mbership in suuch orrganization.)); Use U official au uthority or iinfluence forr the purposee of interferiing with w or affecting the resullt of an electtion or a nom mination for offfice; Be required as a duty of ooffice of empployment or as a condition or employmeent, promotioon, or tenuree of office too contribute fo fu unds for poliitical or partiisan purposees; Coerce C or com mpel contribbutions for poolitical or paartisan purpooses by y any other employee e off the Countyy; or Use U any supplies or equippment or “fuunds” of the C County for po olitical or paartisan purpooses.
Coun nty employeees in certain federally-aidded program ms may be coverred by the Hatch Act as aamended in 1975. This Federal Actt, in additiion to prohib biting (b), (cc), and (d) abbove, also prrohibits candiidacy for elective office in a partisann election.
v of this t section shall be deem med impropper and shall Any violation subject such employee to dism missal or othher disciplinary action byy the appoiinting authorrity. 6.6
Outside O Employmen E nt Purpose P and d Applicabilit A ty
The County C recog gnizes that ssometimes ann employee may be emplo oyed outsidee of the Counnty. Howevver, the workk of the Counnty will take preceden nce over othher occupatioonal interests or employm ment his policy prrovides guideelines for apppropriate ouutside and th emplo oyment. Thiis policy appplies to all C County emplooyees.
6.6.1
Outside O Employmen E nt Policy P
Emplloyees may work w in outsside employm ment, if the eemploymentt is propeerly requesteed and approoved and it ddoes not confflict with thee emplo oyee’s Coun nty job. Outsside employyment is selff-employmennt or any employment for salaries, wages, tips or commisssion other thaan the po osition held with the Couunty.
6.6.2
Outside O Employmen E nt Procedures P
Any employee e co onsidering ouutside emplooyment shalll report to thhe respo onsible superrvisor his/herr intentions pprior to the bbeginning off the job, occupation o or self-emplooyment. The responsible supervisor sshall review w the outside employmeent and assurre that it doees not: a. Coincide C or conflict with hours of schheduled worrk with the County; C b. Conflict C with job respons ibilities or aaffect the em mployee’s abiility to o perform sattisfactorily aat in the Couunty job;
Established d: May 1977 Last Revised: December 9, 2013
Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress c. Cause C an emp ployee to arrrive late for, or leave earrly from, anyy sccheduled shift or work hhours in the C County job; or d. Constitute C a conflict c of innterest with tthe County. The supervisor s will w then forw ward the requuest through appropriatee routess to the Hum man Resourcces Director ((or elected oofficial), whoo will review r the reequest for pootential confl flicts of interrest or liabiliities with the t County in i general annd give finall approval (oor denial). Failurre to seek ap pproval for ooutside emplloyment as ooutlined abovve or to maaintain such employmentt when not aapproved shaall be cause ffor discip plinary action up to and including diismissal. If aattendance orr work performance is determinned to be coompromised by outside emplo oyment, app proval for ouutside employyment may bbe withdraw wn. 6.7
Prohibited P Board, B Commission C n or Committee C Service S
Perso ons employed d by New H Hanover Counnty may not serve on anyy board d, committeee or commisssion establisshed by resollution or Staate statuttes in the ageency or depaartment for w which they w work and recceive wages. Prior to accepting a succh an appoinntment, the eemployee muust termin nate his/her employmennt with the reespective ageency or deparrtment.
6.8
Patents P and d Copyrights C
C has a legal intereest in all inveentions of Coounty personnnel The County that are a conceived d or first actu tually producced as a partt of or as a reesult of Co ounty researcch activities within the scope of the iinventor’s emplo oyment by th he County, aand activitiess involving tthe use of Coun nty time, faciilities, staff, materials, orr County infformation noot availaable to the pu ublic.
6.8.1
Patents P and d Copyrights C Employee E Responsibil R lity
Coun nty personnell who, eitherr alone or in association with others,, makee an invention in which th the County hhas or may hhave an intereest shall disclose succh inventionss to the Counnty Managerr in writing. The in nventor willl be notified in writing oof the decisioon of the Couunty Manaager as to wh hether the Coounty will acccept the invvention for paten nting or licen nsing. If the C County choooses neither to file a pateent appliccation or oth herwise makke available ccommerciallly nor to deddicate to thee public an in nvention in w which it asseerts its rightss, the inventiion at thee County Maanager’s disccretion, may be released in writing too the inven ntor. As to any invention in which the County has an interest, the inventor, upon request, shaall execute prromptly all ccontracts, asssignments, waiveers or other legal l docum ments necessaary to vest inn the Countyy or its asssignees any or all rights to the invenntion, includiing completee assign nment of any y patents or patent applications relatting to the
Established d: May 1977 Last Revised: December 9, 2013
Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress inven ntion. 6.8.2
Patents P and d Copyrights C Prohibition P ns
Coun nty personnell may not siggn patent agreements wiith outside perso ons or organiizations whicch may abroogate the Couunty’s rightss and intereest as stated in the Patentt Policy or aas provided bby any grant or contraact funding the t inventionn, nor withoout prior authhorization usse the naame of the County C or anny of its unitss in connectiion with anyy inven ntion in whicch the Countty has an inteerest.
6.8.3
Patents P and d Copyrights C Waiver W of County C Rig ghts
If the inventor believes that thhe inventionn was made ooutside the h or her Coounty dutiess, and if the iinventor doees not generral scope of his choosse to assign the t rights in the inventioon to the Couunty, the inven ntor shall, in the inventioon disclosuree, request thaat the Countyy Manaager determin ne the respective rights oof the Countty and the inven ntor in the inv vention, andd shall also innclude in thee disclosure inform mation on th he following points: a. Th he circumstaances under which the innvention was made and deeveloped; b. Whether W he or she reques ts waiver orr release of aany County cllaims or his or her repressentation thaat the Countyy has no claiim; c. Th he extent to which he orr she would bbe willing vooluntarily too asssign domesttic and foreiign rights in the inventioon to the Couunty iff it should bee determinedd that an assiignment of thhe inventionn to th he County is not requiredd under the P Patent and C Copyright Po olicies.
6.9
bers of an im mmediate fam mily will noot be employyed at the sam me Employmen E nt of Memb time if i such emplloyment wouuld result in an employee directly Relatives R superrvising a mem mber of his/hher immediaate family. IImmediate Limitations L s family y is defined for the purppose of this ssection as wiife, husband, motheer, father, daaughter, son,, sister, brothher, grandmoother, grand dfather, granddaughter, ggrandson, moother-in-law w, father-in-laaw, daugh hter-in-law, son-in-law, sister-in-law w, brother-inn-law, half-siister, half-b brother, stepmother, steppfather, stepsson, stepdauughter, stepsiister, or steepbrother. Iff an employeee indirectlyy supervises aan immediatte family y member, the t indirect ssupervisor w will not be involved in anny perso onnel action involving i thhat immediatte family meember.
6.10
Safety S
Established d: May 1977 Last Revised: December 9, 2013
ounty will prrovide a safee and healthfful working pplace New Hanover Co for all employeess in accordannce with the Occupationaal Safety andd Healtth Act of 197 70. The Couunty Manageer will insuree a safe and health hful working g place for alll employeess, through prroper admin nistration, im mplementatioon and enforrcement of thhe provisionns of these regulations.. The Managger may appooint a Safetyy Officer to pplan and reecommend a continuing program off safety that aadheres to alll Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress appliccable Federaal, State, andd local laws, codes and regulations pertaiining to emp ployee safetyy. It shall be the responsiibility of eveery emplo oyee of the County C to diisplay a posiitive attitude toward safeety and in njury preven ntion by folloowing all saffety rules annd regulationns establlished in thee County’s Safety Prograam. The empployee will report all acciden nts and unsaffe conditionss to his immeediate superrvisor. Accid dents are to iinclude all unnplanned occcurrences, wheth her or not em mployee injuury was invoolved. 6.11
Physical P Examinatio E ons
worn law enforcement officers and ffirefighters w will be required All sw to hav ve a physicaal examinatioon to determ mine fitness-ffor-duty prioor to emplo oyment and may be subjject to subseequent evaluaations duringg emplo oyment.
6.12
Identificatio I on Badge B Policcy
The County’s C bad dge system sserves a duall purpose: too provide identiification and d to provide aaccess to speecific buildings or areas when n the doors arre locked to the general public. Consistent with establlished procedures, approopriate badgees are issuedd to employeees, board d and commiittee memberrs, and certaain visitors. mployees aree required too wear issuedd badges whhile in an offficial All em workiing capacity y, including vvisiting otheer departmennts. Failure too do so maay result in disciplinary d aaction. A lost or stolen badge must bbe reported im mmediately to the Humaan urces Departtment so thaat it may be ddeactivated. Employeess Resou failing to adhere to t this requirrement will be subject too disciplinarry action ns. Employeees may be ccharged for rreplacementt badges. Anny excep ption to the provision p of this policy m must be apprroved by thee Coun nty Manager..
6.13
Tobacco-Fr T ree Property P Purpose P and d Applicabilit A ty
Established d: May 1977 Last Revised: December 9, 2013
This policy p has been establishhed to protecct and promoote the healtth and well w being off employees and visitors. Tobacco uuse has been linked d to preventaable, pre-maature deaths in the Unitedd States. Thhe regulaation and co ontrol of smooking or usinng tobacco pproducts in buildiings and veh hicles ownedd or leased bby New Hanoover Countyy is a matteer of vital con ncern, affectting the publlic health, saafety, and welfaare of all persons employyed by or traansacting bussiness with N New Hano over County. This policyy covers all eemployees aand other perrsons in Co ounty buildin ngs or vehiclles.
Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress 6.13.1 Smoking/To S oba cco-Free c an nd E-cigarette E Policy P
Chapter 32, Health and In acccordance witth New Hannover Code, C Sanitaation, Article 3, smokingg and the usee of tobaccoo products shhall be un nlawful in an ny county-ow wned or leaseed buildingss or vehicles, includ ding within fifty f (50) feeet of a publicc entrance, uunless the varian nce from thee no smokingg policy is ggranted by thhe County Manaager. Wheree a variance iis granted, sm moking and non-smokinng areas shall be cleaarly designaated. u of e-cigaarettes is alsoo prohibited under this ppolicy where The use smok king and the use u of tobaccco products are prohibitted. E-cigareettes mean ns any electro onic oral devvice, such ass one compoosed of a heaating elemeents, battery,, and/or elecctronic circuiit, which proovides a vapor or nicotiine or any otther substancces, and the use or inhallation of whiich simullates smokin ng. The term m shall includde any such device, wheether manu ufactured, disstributed, maarketed, or ssold as an e-ccigarette, ecigar,, e-pipe, or under u any othher product name or desscriptor.
6.13.2 Smoking/To S oba cco-Free c an nd E-cigarette E Enforcemen E nt
The provisions p off this policy shall be enfo forced by maanagement perso onnel. Any reeports of queestionable prractices or vviolations shaall be taken n seriously an nd referred tto the Countyy Safety Offficer for resolu ution. Retaliatory actionns against a ccomplainantt will not be condo oned by New w Hanover C County, and should be reeported to thee Humaan Resources Director.
6.14
Purchasing P Surplus S County C Property P
In acccordance witth North Carrolina Generral Statutes 1153A-158.2 and 160A A, County em mployees andd immediate family mem mbers, unlesss otherw wise prohibiited below, m may purchasse any surpluus county perso onal property y of any monnetary value,, whether puurchased by tthe Coun nty or donateed to any reppresentative oor departmennt of the Couunty. Emplloyees and im mmediate fam amily membeers prohibiteed from purch hasing surplu us property iinclude emplloyees/superrvisors who recom mmended thee property bee declared ass surplus; anny employeee directtly involved in working with, serviciing or repairring the propperty; Board d of County Commissionners; the Couunty Managger; Assistantt Coun nty Managerss; the purchaasing agent/ssupervisor; aand immediaate family y of the aforrementionedd mentioned employees. Immediate family y members as a defined byy New Hanoover County policy incluude fatherr, mother, wife, husbandd, so, daughtter, brother, ssister, grand dfather, grandmother, moother-in-law w, father-in-laaw, son-in-laaw, daugh hter-in-law, brother-in-la b aw, sister-inn-law, grandsson, grand ddaughter, haalf-sister, haalf-brother, sstepmother, sstepfather, stepso on, stepdaug ghter, stepsisster, and/or sstepbrother.
6.15
Respectful R Workplace W
ounty recognnizes its respponsibility too build and New Hanover Co mainttain a respecctful workplaace, where aall employees and citizenns
Established d: May 1977 Last Revised: December 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress Policy— P Purpose P and d Applicabilit A ty
6.15.1 Respectful R Workplace W Policy P
y an environm ment in whicch the dignitty and self-reespect of eveery enjoy perso on is valued and a which iss free of offeensive remarrks, material or behav vior. This po olicy establisshes a standaard for approopriate workp place conduct. This pol icy covers aall County em mployees, includ ding regular, temporary,, contract woorkers, volunnteers, and anyon ne else on Co ounty propeerty or engagged in Countty business w with a Cou unty employee, whether or not on Coounty properrty. Violatioon of this policy p by any y individual will be subject to approppriate correcctive action n. Violation of this policcy by a Counnty employeee may lead tto discip plinary action up to and including diismissal. he policy off New Hanovver County tto maintain a professionaal It is th and reespectful wo ork and publlic service ennvironment. The Countyy will not to olerate disresspectful behaavior by or ttowards any employee oor other individual by b employeees, visitors orr vendors. This policy p provides for: a. Fo ostering a workplace w whhich values ddiversity; perrsonal dignitty; co ourteous con nduct; mutuaal respect, faairness and eequality; positive co ommunicatio on between ppeople; collaaborative woorking reelationships; b. A reporting/complaint proocedure for aany individuual who ex xperiences or o witnesses bbehavior proohibited by tthis policy; c. A response prrocedure forr supervisorss who becom me aware of beehavior proh hibited by thhis policy; d. Accountabilit A ty for violatiions or enforrcement failuures throughh ap ppropriate diisciplinary aactions; e. Actions A by the County to heighten em mployees’ annd supervisorrs’ aw wareness of workplace vviolence issuues, includinng domestic viiolence as it relates to thhe workplacee. p prohib bits disrespeectful behaviior, includinng but not lim mited This policy to, thee following: a. Offensive O and d inappropriaate remarks,, gestures, m material and beehavior; b. Grouping G or isolating; i c. Yelling; Y d. Belittling; e. Reprimanding R g in the pres ence of otheers; f. Aggressive A orr patronizingg behavior; g. Embarrassing g or humiliatting behaviorr; D gossip or rumoors; h. Damaging i. Covert C behaviior, i.e., inapppropriately withholdingg informationn, un ndermining, underhandeedness; j. Unlawful U disccrimination oor harassmennt as definedd by federal and
Established d: May 1977 Last Revised: December 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress sttate laws; Emplloyee Respo onsibilities: a. Trreat others with w respect; b. Seet an example by respec ting the dignnity and hum man rights off all em mployees an nd members of the publicc; c. Recognize R an nd refrain froom actions thhat offend, embarrass or hu umiliate otheers; d. Raise R disrespeectful conduuct with the eemployee displaying it oor with w a person in authorityy as soon as ppossible; e. Do D not make allegations oof disrespecttful behaviorr that are frrivolous or vindictive; v f. Make M every effort e to reso lve respectfu ful workplacee, where posssible in n an informal manner. Supervisory/Management R Responsibiliities: a. Su upervisors and a managerss are responnsible to imm mediately actt up pon any situation involvving disrespeectful behaviior. They will: b. Prromote awarreness of thi s policy; c. Recognize R an nd address acctions that offfend, embarrrass or hu umiliate otheers; d. Trreat each situation as a sserious matteer; e. Manage M the siituation towards a resoluution betweeen the partiess if po ossible, with h a view to ccorrecting beehavior and ppreserving loong teerm working g relationshipps; f. En nsure that th here are no reeprisals agaiinst employeees making a co omplaint or participating p g in an invesstigation; g. Prrovide suppo ort to employyees who arre experienciing the effeccts of diisrespectful behavior; b h. In nform emplo oyees of Empployee Assisstance Progrram services; i. Consult C with Human Resoources if thee situation caannot be reesolved. 6.15.2 Respectful R Workplace W Policy P Procedures— P — Reporting R Violations V
An em mployee who o believes hee or she has been subjeccted to a violattion of this policy p and w who has eitheer opted not tto try to perso onally resolve the situatioon or who haas been unsuuccessful in attem mpting a resolution shoul d report the violation im mmediately too his or herr supervisor.. If the emplloyee’s superrvisor is the source of thhe allegeed policy vio olation, or iff the employee’s superviisor does nott respo ond to the rep port in a timeely and apprropriate mannner, the emplo oyee should contact the Human Resoources Depaartment.
6.15.3 Respectful R Workplace W Policy P
New Hanover Co ounty will prromptly and thoroughly iinvestigate aany verbaal or written report of a vviolation of tthis policy, aand will resppond to thee reporting em mployee or other individdual regardinng the resultts of
Established d: May 1977 Last Revised: December 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress Procedures— P — Investigatin I ng Reports R of Violations V
nvestigation, except that specific perrsonnel actioons taken maay the in not bee revealed. The T investigaation will bee kept reasonnably confid dential; how wever, it mayy be necessarry to confronnt the emplooyee who has h allegedly y violated thhe policy conncerning the allegation.
6.15.4 Respectful R Workplace W Policy P Procedures— P — Corrective C Actions A
Any employee e fo ound to have acted in vioolation of thiis policy shaall be subject to appropriate correcttive and discciplinary actiions, up to annd includ ding dismisssal. Any visiitor or vendoor found to hhave acted inn violattion of this policy p shall bbe subject too responsive action as determ mined appro opriate by thee County, upp to and inclluding beingg remov ved from thee workplace and being pprohibited froom returningg in the fu uture.
6.15.5 Respectful R Workplace W Policy P Procedures— P — Retaliation R
New Hanover Co ounty will noot tolerate retaliation or iintimidation directted towards any employeee or other inndividual whho makes a verbaal or written report of a vviolation of tthis policy or serves as a witneess to a violaation of this ppolicy. Any individual w who retaliatees again nst or intimid dates an empployee makinng a report oor a witness sshall to sub bject to disciiplinary actioon, up to andd including ddismissal.
6.16
The County C is com mmitted to m maintaining a work enviironment free of discriimination an nd harassmennt where all employees aare free to deevote their full attention n and best effforts to the jjob. Harassment, eitherr intenttional or unintentional, hhas no place in the workk environmennt. Accorrdingly, the County doess not authoriize and will not tolerate any form of harassmeent of and byy anyone bassed on race, sex, color, religion, national origin, age oor disabilityy. This policcy covers all Coun nty employeees, applicantts or other inndividuals in the County workp place.
Unlawful U Workplace W Harassmen H t Policy P Purpose P and d Applicabilit A ty
6.16.1 Unlawful U Workplace W Harassmen H t Policy P Statement S
In acccordance witth employment discriminnation law, tthe County prohib bits any supervisor, empployee, agennt or customeer of the Couunty from harassing orr otherwise ddiscriminatinng against anny individuaal on the baasis of race, sex, color, rreligion, natiional origin, age or disability. Nor sh hall any supeervisor, empployee, agentt or customeer of the County make unsolicited or unwantedd sexual advvances of a vverbal or phy ysical naturee toward anoother employyee, applicannt for emplo oyment or an ny other indiividual. Perso onnel decisio ons (includinng decisions affecting hirring, promottion, work assignmentss, disciplinarry actions, reeceipt of bennefits, or particcipation in orrganization- sponsored pprograms) shhall not be baased on an n individual’ss protected sstatus, or subbmission to oor rejection of any act a of sexual harassment..
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All co omplaints off unlawful w workplace haarassment, inncluding sexuual harassment, will be b investigatted promptlyy and where necessary, priate actionn will be takeen to stop annd remedy anny immeediate approp such conduct. c An ny supervisoor, agent or eemployee fouund in violattion of this policy is su ubject to dissciplinary acction, includiing dismissaal. 6.16.2 Unlawful U Workplace W Harassmen H t Description D n of Prohibited P Conduct C
wful workplace harassm ment is unwellcome or unssolicited speeech Unlaw or con nduct based on race, sexx, color, religgion, nationaal origin, agee or disability that creeates a hostille work envirronment. nt is definedd by EEOC gguidelines ass “unwelcom me Sexuaal harassmen sexuaal advances, requests forr sexual favoors, or other vverbal or physiical conduct of a sexual nnature,” wheere one or m more of the follow wing occur: a. Su ubmission to o sexual advvances is a teerm or condiition of em mployment; b. Su ubmission to o or rejectionn of sexual aadvances is uused as the bbasis fo or making em mployment ddecisions; c. Su uch verbal or o physical coonduct, expllicit or impliicit, interferees with w an indiviidual’s workk performancce or createss an intimidaating, ho ostile or offeensive work environmennt. The term “harassm ment” includdes, but is noot limited too, offensive langu uage, jokes or o other verbal, graphic oor physical cconduct relatting to an individual’ss race, sex, ccolor, religioon, national oorigin, age or disability which would w make a reasonable person expperiencing harassment uncom mfortable in the work ennvironment oor which couuld interffere with the person’s jobb performannce. Sexuaal harassmen nt may be ovvert or subtlee. Sexual haarassment dooes not reefer to behav vior or occassional complliments of a socially accep ptable naturee. It refers too personally offensive beehavior. Som me exam mples of behaavior which m may constituute sexual haarassment arre: makin ng unwelcom me sexual fliirtation, advaances, requeest for sexuaal favors, or other verbal, visuall, physical coonduct of a ssexual naturre creatiing an intimiidating, hosttile or offenssive work ennvironment bby such conduct c as: sexual innuuendo or sexuually suggesstive commeents, includ ding, but nott limited to, sexually oriented pickinng, teasing, oor practiical jokes; jo okes about ggender-basedd traits; foul or obscene langu uage or gestu ures; subtle oor direct presssure or requuests for sexxual activiities; unneceessary touchiing of an inddividual, succh as pinchinng, pattin ng, brushing up against aanother bodyy; graphic veerbal commeents aboutt an individu ual’s body orr appearancee, sexually degrading woords to desscribe an ind dividual; the reading or ddisplay of seexually
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New w Hanoveer County y Personn nel Policies & Pro oceduress suggeestive or reveealing wordss, objects orr pictures; orr physical asssault.
6.16.3 Unlawful U Workplace W Harassmen H t Complaint C Procedures P
Established d: May 1977 Last Revised: December 9, 2013
The following f pro ocedures aree written to eencourage inndividuals w who perceeive instances of unlawfuul workplacee harassmentt, including sexuaal harassmen nt, to use the County’s innternal proceedures to ressolve the situation and/or complainnt without feaar of retaliattion. Once a plaint is receiived, the Coounty has an obligation too thoroughlyy comp investigate the co omplaint andd take approppriate actionn. a. Th he complain ning party shhould report, orally or in writing, anyy in nstances of perceived p un lawful workkplace harasssment, includding seexual harassm ment, to his or her superrvisor, deparrtment head, an nd/or to any member of H Human Resoources staff.. b. Th he superviso or or departm ment head too whom the ccomplaint is made m shall no otify the Hum man Resourcces Departm ment within thhree (3 3) business days d of the complaint. c. Th he Human Resources R Deepartment w will receive thhe written co omplaint and d any supporrting evidencce and/or doocumentationn or caause a writteen complaintt to be made from intervviewing the co omplaining party. p d. Th he Human Resources R Diirector shall notify all cooncerned parrties th hat a complaint has beenn filed. e. Th he Human Resources R Diirector will aassign the coomplaint to a Human H Resou urces staff m member who will immeddiately begin to in nvestigate the complaint.. f. Th he investigaation will connsist of interrviewing all concerned paarties, includ ding the com mplaining parrty, the allegged offenderr(s) an nd witnessess, and gatherring any otheer relevant evidence or do ocumentatio on. g. Th he Human Resources R Diirector will ttake approprriate interim acction, if neceessary. h. Th he investigaation shall bee completed and a reportt given to thee Human H Resou urces Directoor within fift fteen (15) buusiness days of th he receipt by y the Human Resources D Department of the writteen co omplaint, un nless an extennsion is grannted by the ccomplainingg paarty will mak ke a determiination as to the resolution of the co omplaint and d will notifyy the concernned parties of the deetermination n. i. In ndividuals fo ound in violaation of this policy shall be subject to diisciplinary actions, a up too and includiing dismissaal. The Humaan Resources R Dirrector will ddetermine apppropriate dissciplinary acction an nd will notiffy the employyee in writinng of the dettermination, the efffective date, the reason therefor, andd the employyee’s appeall rights under th his Article. T The written notification shall be sennt to Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress th he employee’s home adddress by certiified, registeered mail. All co omplaints an nd subsequennt investigattions will be held in stricctest confid dence. 6.16.4 Unlawful U Workplace W Harassmen H t No N Retaliation
ns against thhe complaininng party andd his/her Retaliatory action Hanover Counnty. Complaaints witneesses will not be toleratedd by New H of rettaliation willl be immediaately investiggated and apppropriate acction will be b taken by the t Human R Resources D Director.
6.16.5 Unlawful U Workplace W Harassmen H t Complaint C Determinat D tion Appeal A Procedures P
w to apppeal the Hum man Resourcces Director’’s If the employee wishes mination and d disciplinarry action andd if the emplloyee has determ succeessfully comp pleted the inntroductory pperiod, he orr she may, w within five (5) business days after reeceipt of the determination, appeal inn writin ng to the Cou unty Manageer. The appeeal must be rreceived by tthe Coun nty Manager’’s Office no later than 5::00 p.m. on tthe fifth dayy. The appeal a must contain the eemployee’s response to the charges, a respo onse to the diisciplinary aactions takenn, the remedyy desired andd any other pertinent information orr evidence. missal, the County Manaager If the appealed diisciplinary acction is dism may grant g a heariing with the employee. O Otherwise, thhe County Manaager will review the conttents of the ffile preparedd by the Hum man Resou urces Director and the coontents of thhe employee’s appeal. Manager willl If the appeal doess not involvee a hearing, tthe County M rendeer a decision,, which incluudes the bassis for the decision and evideence relied up pon, within five (5) busiiness days affter receipt oof the appeaal and will seend the decission to the eemployee’s hhome by certiffied, registereed mail. Thee decision off the Countyy Manager w will be fin nal. In thee event a heaaring is held,, the appealiing employee and the Huuman Resou urces Director will both be present aand have the right to be repressented by co ounsel. Eitheer party may request the presence off any perso on(s) who wiill provide innformation too assist the C County Mannager in maaking a decission. The nam mes of such persons, inccluding the nname of cou unsel hired by b the emplooyee, and hoow each is reelated to the case, shall be submitted d to the Couunty Manageer no later thaan five (5) busin ness days prio or to the heaaring date. T The County M Manager will reserv ve the right to t limit the nnumber of peersons to apppear. The County C Manaager will rennder a decisiion, which inncludes the bbasis for th he decision and a evidencee relied uponn, within fivee (5) businesss days after the heaaring and willl send the ddecision to thhe employee’s
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New w Hanoveer County y Personn nel Policies & Pro oceduress homee by certified d, registered mail. The deecision of thhe County Manaager will be final. f
6.16.6 Formal F Harassmen H t Charge C
ough employ yees are encoouraged to pursue resoluution throughh Altho these internal pro ocedures avaailable to them m, whether tthey do or nnot, they retain r the rig ght to file a fformal chargge of discrim mination withh the Equall Employmeent Opportunnity Commisssion (EEOC C).
6.17
New Hanover Co ounty is com mmitted to prooviding a woorkplace whhich is saffe, secure and d free from vviolence. Woorkplace vioolence includdes, but iss not limited to, intimidaation, bullyinng, threats, pphysical attaccks, domeestic violencee, or propertty damage coommitted byy County emplo oyees or other individuaals against Coounty emplooyees while on Coun nty property or o while in tthe performaance of their duties. Thesse kindss of behaviorrs will not bee tolerated annd, if they ooccur, will bee appro opriately add dressed in acccordance wiith this policcy. Also included in this policy, aree proactive p rovisions to heighten aw wareness of nce in the workplace, inccluding dom mestic violennce, and to violen provide guidance for employeees and mannagement in recognizing and opriately resp ponding to thhese issues. appro
Workplace W Violence V Policy— P Purpose P and d Applicabilit A ty
This policy p coverrs all Countyy employees, including rregular and tempo orary employ yees, contraact workers, vvolunteers, aand anyone eelse on Co ounty properrty or engageed in Countyy business w with a Countyy emplo oyee, whetheer or not on County propperty. Violattion of this policy y by any ind dividual will be subject to appropriatte legal actioon. Violaation of this policy p by a C County employee may leead to discip plinary action up to and including diismissal. p provides for: This policy 6.17.1 Workplace W Violence V Po olicy a. A reporting/complaint proocedure for aany individuual who ex xperiences or o witnesses bbehavior proohibited by tthis policy; Statement S b. A response prrocedure forr supervisorss who becom me aware of beehavior proh hibited by thhis policy; c. Accountabilit A ty for violatiions or enforrcement failuures throughh ap ppropriate diisciplinary aactions; d. Actions A by the County to heighten em mployees’ annd supervisorrs’ aw wareness of workplace vviolence issuues, includinng domestic viiolence as it relates to thhe workplacee; e. Su upporting viictims of woorkplace or ddomestic viollence; f. Fo ostering a cllimate of trusst and respecct among woorkers and beetween emplloyees and m managementt; and g. When W necessaary, seeking advice and assistance frrom outside reesources, inccluding threaat assessmennt; psychologgists, Established d: May 1977 Last Revised: December 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress pssychiatrists and a other proofessionals, social servicce agencies, and laaw enforcem ment. This policy p prohib bits any actss of aggressiion or violennce from anyy indiviidual while on o County pproperty or aagainst a Couunty employyee acting g as a representative of tthe County, w whether on C County propperty or nott. These actss include butt are not limiited to: a. Any A act or thrreat of bodilyy harm or prroperty damage, includinng su ubtle or impllied threats tto an individdual or his orr her family, frriends, or asssociates. (A threat is the expression oof an intent to caause physicaal harm or prroperty damaage as wouldd be perceivved by y a reasonab ble person, w without regarrd to whether the party co ommunicatin ng the threatt has the pressent ability tto carry it ouut; whether w the th hreat is subtlle or overt inn nature; or w whether the ex xpression is contingent, conditional or future). b. Fiighting or otther physicall altercationss. (A physical altercationn is un nwanted or hostile h physiical contact such as fighting, hitting,, pu ushing, shov ving, throwinng objects, ggrabbing, touuching or anyy un nwanted phy ysical contacct.) c. Unauthorized U d possession or use of anny weapon orr caaustic/dangeerous chemiccals, whetherr concealed or visible, onn County C propeerty, except bby sworn law w enforcemeent officers oor otther employeees as requirred to perforrm their job dduties. d. Use U or threat of use of weeapon on/in C County propperty. (A weapon in ncludes, but is i not limite d to, firearm ms, explosivees, caaustics/chem micals, ammuunition, knivves or other ddangerous orr deeadly weapo ons.) Use of other items aas weapons,, such as a toool or fu urniture, is allso prohibiteed. e. Use U of languaage which w would be regaarded by a reeasonable peerson ass likely to in nvoke violencce. f. Repeated R following of another individdual, knownn as “stalkingg” or th hreatening an nother person with the inntent to place the other peerson in reassonable fear of his/her saafety. g. Making M harasssing or threaatening phonne calls, letteers or other fo orms of writtten or electroonic commuunications. h. In ntentionally damaging orr threateningg to damage County or em mployee pro operty. 6.17.2 Workplace W Violence V Po olicy Employee E Responsibil R lity
Emplloyees have the t responsibbility to adhhere to this policy and itss establlished preventive practicces and to reeport violent or threateniing behav vior or other warning siggns, followinng procedurees establisheed by this policy. p Any employee e wh ho experiencces or witnesses any actss, conduct, behav vior or comm munication w which is in vviolation of thhis policy, m must immeediately conttact either hiis/her supervvisor, departm ment head oor the
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New w Hanoveer County y Personn nel Policies & Pro oceduress Humaan Resources Departmennt, and if neccessary, locaal law enforcement. Emplloyees should not try to hhandle a vioolent or potenntially violennt incideent. When reporting r an imminent thhreat and/or act of violennce, an em mployee shou uld first secuure his/her own safety, ccontact local law enforcement and, if possible, alert personns in the imm mediate area.. Emplloyees threattened, assaullted or attackked, while on official duuty in the field, shall im mmediately reeport such inncidents to loocal law enforcement and their supervvisor. yone committs a violent aact or makess a direct threat while onn If any Coun nty property, the person w will be askedd to leave byy a supervisoor. Shoulld the person n refuse to leeave, local laaw enforcem ment should bbe contaacted to assisst in removinng the personn. e wh ho violates tthe workplacce violence ppolicy will Any employee receiv ve appropriaate disciplinaary action whhich may incclude dismisssal. Emplloyees who have h informaation about w workplace vviolence, but do not reeport it in accordance wiith this policcy, will be suubject to appro opriate discip plinary actioon which may ay include dismissal. The County C will not n tolerate rretaliation aggainst an em mployee for reporting instancees of workpllace violencee. Incidents of retaliationn shoulld be reporteed to the Hum man Resourcces Departm ment immediaately. Every y effort will be made to pprotect the ssafety and annonymity of anyon ne who comees forward w with concernns about a thrreat or act off violen nce. 6.17.3 Workplace W Violence V Po olicy Supervisory S y/ Managemen M nt Responsibil R lity
Established d: May 1977 Last Revised: December 9, 2013
Superrvisors and managers m wiill support thhe County’s policies creaated to pro ovide work environment e ts that are saafe from viollence, threatss and harassing/aggresssive behavioor. To that ennd, they shalll: a. In nform all em mployees thatt workplace violence or other abusivve, ag ggressive or disruptive bbehavior in aany form willl not be to olerated in th he workplacee. b. Be aware of any a patterns or changes iin employee behavior whhich ould pose a concern c for tthe workplacce. Such behhavior should be co do ocumented by b the supervvisor for thee record. Changes in beehavior shou uld be addresssed with the employee after co onsultation with w Human Resources. c. Be alert to thee possibility of workplacce violence oon the part oof ormer emplo oyees, citizenns or others. fo d. Offer O supportt to victims oof workplacee violence, w which includdes do omestic viollence. e. Be aware of th he location aand telephonne numbers oof community reesources avaailable in respponding to aany actual orr potential Article A 6 –Con nditions of Em mployment
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f.
g.
h.
i. 6.17.4 Workplace W Violence V Response R
workplace w vio olence, incluuding domesstic violence. The Countty in ntends to pub blish, maintaain, and postt in locationss of high viisibility, a lisst of resourcces for survivvors and perrpetrators of do omestic viollence. When W aware of o a threat orr imminent ddanger of vioolence to ann em mployee, im mmediately n otify that em mployee of thhe danger annd no otify law enfforcement orr the Humann Resources Departmentt. Notify N law en nforcement oor the Humann Resources Departmentt when w they recceive a noticce or complaaint of workpplace violencce or iff they suspecct that these aacts are occuurring or havve occurred. Take all threaats seriously.. Failure to aappropriatelyy respond to omplaints orr observed thhreat or imm minent danger situations m may co reesult in discip plinary actioon which maay include diismissal. Maintain M apprropriate conffidentiality ffor the victim m.
To respond to an event of acttual or threattened workpplace violencce, the County will use u a three-leevel plan of aaction. The H Human Resou urces Director or his dessignee will serve in the lead role andd will assem mble others as a needed. Levell 1: Threats When n an individu ual states or implies a thrreat of violeence, the emplo oyee(s) who received orr observed thhe threat shalll immediateely alert a supervisor. The supervvisor, as soonn as possiblee, should nottify and consult with the t Human R Resources D Director, his designee or the Coun nty Safety Offficer. The suupervisor wiill then docuument the incideent and any actions takenn, a copy off which will bbe forwarded to the Human H Resou urces Directoor or his dessignee. Levell 2: Danger is i imminent An im mmediate thrreat of violennce shall be reported in accordance w with the po olicy set fortth above. Affter law enfoorcement perrsonnel havee been called to seccure the locaation, the suppervisor willl contact the Humaan Resources Director, hhis designee or the Counnty Safety Officer. The Human H Reso ources Directtor or his designee will cconduct an investigation of th he incident aand determinne what otheer actions aree needeed. Levell 3: An act of o violence w which resultss in injuries oor death When n a violent acct occurs in the workplaace, the first ppriority willl be
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New w Hanoveer County y Personn nel Policies & Pro oceduress to atteend to the im mmediate dan anger and injuries. The fiirst responsee to an acttual act of viiolence is to contact apppropriate emeergency respo onse personn nel. As so oon as possib ble, the supeervisor on loccation will ccontact the Humaan Resources Director, hhis designee or the Counnty Safety Officer. The Hum man Resourcces Director oor his designnee will be respo onsible for co oordinating tthe administtrative investtigation of thhe incideent and deterrmining whaat other resources are neeeded for thee Coun nty to respond to the inci dent. The Coounty’s respponse will includ de assemblin ng resourcess to address eemployee neeeds and meddia requeests. Details of the adminnistrative invvestigation w will be kept confid dential unlesss prohibitedd by law. 6.17.5 Domestic D Violence V Victim V Workplace W Issues I
The County C shall not dischargge, demote, deny a prom motion, or discip pline an emp ployee becauuse the emplooyee took reeasonable tim me off fro om work to obtain relieff under Chappter 50B (doomestic violeence order of protectio on) or Chapteer 50C (civill no-contact order for onsensual seexual contactt or stalking)). An employyee who is nonco absen nt from the workplace w too obtain suchh relief shall follow the deparrtment’s usual leave requuest policy oor procedure, including advan nce notice to o the employyee’s superviisor, unless aan emergenccy preveents the emplloyee from ddoing so. Maanagement m may require docum mentation off any emergeency that preevented the eemployee froom comp plying in adv vance with thhe departmennt’s usual leave request proceedure, or any y other inform mation availlable to the eemployee whhich suppo orts the emplloyee’s reasoon for beingg absent from m the workpllace. Consiistent with th he County’s usual leave policies, em mployees maay apply y available peersonal or siick leave to oobtain mediccal, counseliing, or leg gal assistancee to address problems reelating to woorkplace or domeestic violencee. Depen nding on thee circumstannces, employyees who aree victims of workp place or dom mestic violennce may alsoo need speciaal accom mmodations or adjustmeents to their w work scheduule or locatioon in order to enhance their safety. Managemennt shall use ttheir discretiion t requessts and needss whenever ppossible andd to acccommodate these appro opriate.
6.18
Weapons W in n the t Workpllace
Established d: May 1977 Last Revised: December 9, 2013
The County C belieeves it is impportant to esttablish a cleaar policy thaat addreesses weapon ns in the worrkplace. All persons whoo enter Counnty propeerty are proh hibited from carrying a hhandgun, fireearm, knife, or other weapon of any a kind reggardless of w whether the pperson is liceensed to carrry the weapon or not. Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress The only o exceptio on to this poolicy will be police officeers, deputy sherifffs, security guards or otther persons who have been given writteen consent by the Countyy to carry a w weapon on tthe property.. Any employee e disregarding th this policy w will be subjecct to immediiate dismiissal. 6.19
Alcohol A and d Drug D Free Workplace W Policy— P Purpose P and d Applicabilit A ty
ounty is com mmitted to thee goal of an alcohol and drug New Hanover Co w This T commitm ment is baseed on the bellief that it is the free workplace. Coun nty’s responssibility to maaintain a safee and healthyy working enviro onment for employees e aand a producctive, effectivve workforcee for the ciitizens of thee county. Thhis policy is iintended to ccomply withh all appliccable federall and state laaws governinng anti-drugg and alcoholl progrrams, includiing those adoopted by thee U. S. Depaartment of Transsportation (D DOT), and iss designed too safeguard eemployee privaccy rights to the t fullest exxtent of the llaw. This policy p coverrs applicantss and all Couunty employeees to includde regulaar employeees, temporaryy employeess and contracct employeess. Undeer federal guiidelines, certtain classes of employeees are subjecct to speciaal actions, su uch as randoom testing. F For the Counnty, these claasses includ de employeees in safety-ssensitive possitions. The Human Resou urces Director will mainntain a comprehensive lisst of these positiions subject to special acctions, but generally the list will incllude, but iss not be limitted to, swornn law enforccement officeers; detentioon officeers; firefighters; employeees who are responsible for testing aand treatin ng water, raw w sewage orr wastewaterr; employeess who handlee hazarrdous materials in large qquantities; em mployees w who operate, mainttain, or prov vide direct suupervision off the operatioon or mainttenance of heavy equipm ment or any vvehicle requuiring a CDL L to operaate; or emplo oyees who m may independdently work closely withh or transp port children n.
6.19.1 Alcohol A and d Drug D Free Workplace W Policy P
Established d: May 1977 Last Revised: December 9, 2013
This policy p provides for: a. Assistance A in treatment annd rehabilitaation for empployees whoo no otify an apprropriate authhority in theiir departmennt or in the Human H Resou urces Departtment of an aabuse probleem prior to bbeing diiscovered. In n such cases,, medical plaan coverage is provided for bo oth inpatientt and outpatiient treatmennt of employyees who havve County C mediccal insurancee coverage aand the use oof accrued leeaves may m be appro oved for treattment and reehabilitation purposes. b. Trraining and guidelines fo for employeees and supervvisors. c. Drug D and alco ohol abuse teesting: pre-pplacement; post-accidentt; reeasonable su uspicion; randdom; and retturn-to-dutyy and follow--up. d. Accountabilit A ty for violatiions or enforrcement failuures throughh Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress ap ppropriate diisciplinary aactions. This policy p prohib bits: a. Th he unauthoriized use, connsumption, ppossession oor storage, manufacture, m distribution,, dispensatioon or sale off alcohol, co ontrolled sub bstances, illeegal drugs orr drug parapphernalia on County C premiises or any C County workk area, in Couunty vehiclees, or while w on County businesss. b. Reporting R to work w or worrking while uunder the inffluence of illlegal drrugs, non-prescribed druugs or alcohool, on Countty premises oor an ny County work w area, in County vehhicles, or whhile on Countty bu usiness. c. Th he use or po ossession of aalcohol or illlegal drugs ooff County prremises and while not onn duty wheree such conduuct could likkely haave a direct and materiall adverse im mpact on the C County’s in nterests, inclu uding publicc image. d. Conviction C off selling illeggal drugs or of possessioon with intennt to seell illegal dru ugs at any tim me or place.. Convictionn of any crim minal drrug or alcoho ol statute at any time or place—for ssome positioons, to o be evaluateed on a per-ccase-basis foor relevancy to job. e. Faailure to notify the Counnty of any arrrest or convviction underr any crriminal drug g or alcohol sstatute by thee next work day followinng th he arrest or conviction. c f. Faailure to notify the emplloyee’s supeervisor, beforre beginningg to work, w that thee employee iis taking prescription or over-the-couunter drrugs which may m interferee with the saafe and effecctive peerformance of o duties. g. Refusal R to immediately suubmit to an aalcohol and drug test whhen reequested by a supervisorr, in accordannce with thiss policy. h. Faailure to adh here to the reequirements of any drug or alcohol treatment prog gram in whiich the emplooyee is enroolled as a ondition of continued c em mployment. co i. Tampering wiith or obstruuction of a drrug or alcohool test beingg ad dministered by or for thee County. 6.19.2 Alcohol A and d Drug D Free Workplace W Policy— P Responsibil R lity
Established d: May 1977 Last Revised: December 9, 2013
The Human H Reso ources Directtor is responnsible for adm ministering tthis policy y and ensuring that emplloyees are innformed of tthe County policy y during the new employyee orientatiion. The Hum man Resou urces Director, under thee direction oof the Countyy Manager, w will appro ove and be th he focal poinnt for the selection of new w employeees and for fo disciplinaary measuress to be takenn with currennt employeess based d on guidelin nes describedd in this poliicy. Any connfidential inform mation on su ubstance abuuse may be ccommunicateed by the Huuman Resou urces Director to the prooper authoritty on a need--to-know bassis. Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress A listt of positionss designatedd to be safetyy-sensitive foor special action ns, such as raandom testinng, will be m maintained by the Humann Resou urces Director and will bbe made avaailable upon request. Alcoh hol and drug g free workpllace issues in the Sheriff ff’s Office will be the reesponsibility y of the Sheriiff. The Sherriff will be rresponsible ffor reporting tests ressults as requuired to the N North Carolinna Sheriff’s Educaation and Trraining Standdards Comm mission on em mployees holdin ng certificatiion from thaat Commission. Deparrtment direcctors are respponsible for the proper aapplication oof the proceedures in their departmennts and for hholding supervisors accou untable for th he daily impplementationn of the policcy. Deparrtment direcctors and suppervisors shaall be responnsible for identiifying abuse-related behhavioral and pperformancee problems, follow wing the pro oper referral for testing, aand taking apppropriate discip plinary meassures. Failuree to take acttion when the supervisorr has reasonable cause to believe ann employee is impaired while at worrk r in disciplinary actiion being takken against tthe supervisoor. If will result in dou ubt about wh hat action too take, the suupervisor shoould consult with the deepartment diirector, the H Human Resoources Directtor or the Coounty Safety y Officer. Itt is also the ssupervisor’ss responsibiliity to protect the privaccy, confiden ntiality, and ddignity of em mployees byy minimizingg the numb ber of employees who leaarn of suspiccions involvving a coworkeer’s possiblee substance aabuse or actiions taken aggainst that emplo oyee. As a condition c off employmennt, all employees are respponsible for know wing and follo owing the reequirements of this policcy. Employees are ex xpected to reeport for worrk and perfoorm their jobbs in a sober condiition, free off any illegal ddrugs or alcoohol, or abuuse of any leggal prescribed or oveer-the-counteer drugs. Em mployees shaall inform theeir superrvisor if they y are taking oor intending to take any prescribed oor over-the-counter drugs or othher substancee which migght impair theeir ability y to satisfacttorily and saafely perform m their job. T They need noot give the t superviso or specific m medical inforrmation, but rather simply inform m the superv visor of the iimpact on joob performannce to allow the superrvisor to evalluate and deetermine the appropriate course of acction. 6.19.3 Employee E Voluntarily V y Reveals R Substance S Abuse A Prob blem Established d: May 1977 Last Revised: December 9, 2013
An em mployee who o voluntarilyy reveals a suubstance abuuse problem m to a superrvisor beforee being notifi fied to be testted, before ttesting positiive for su ubstance abu use and beforre other disccovery of a ssubstance abuuse problem, may volluntarily enrroll in a drugg or alcohol rrehabilitatioon ncouraged too use the Em mployee Assiistance Program progrram and is en (EAP P) to do so. Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress
An em mployee who o voluntarilyy notifies hiss supervisor of a dependdency may be b granted a medical leaave in accorddance with C County policyy on leaves of absencee to undergo an agreed-too certified reehabilitationn progrram which reequires the eemployee to be absent froom his dutiees. Returrn to work will w be authorrized upon ccertification tto the Humaan Resou urces Departtment of succcessful com mpletion of thhe program aand a negattive test resu ult. Returrn-to-duty an nd follow-upp: Employeees who have voluntarily remov ved themselv ves from theeir job dutiess and have vvoluntarily underrgone and su uccessfully ccompleted treeatment for drug or alcoohol abusee must submit to and furnnish a negatiive test result prior to return ning to dutiees. The returnn-to-duty tesst may invollve both drugg and alcoh hol tests, if th he treating suubstance abuuse professioonal indicatees a multip ple-substancce abuse pro blem exists. These emplloyees will aalso be sub bject to rand dom, unannoounced tests six (6) timess a year for a period d of up to tw wo (2) years,, as a conditiion of continnued emplo oyment. Possitive resultss on a test w will result in iimmediate dismiissal with no o opportunityy for reemplooyment. 6.19.4 Enforcemen E ntDrug/Alcoh D hol Testing T
nforce this po olicy, drug/aalcohol tests may be adm ministered ass To en follow ws: a. Prre-employm ment: Applicaants acceptinng a conditioonal offer off em mployment in i any positiion will be reequired to suubmit to a teest beefore being hired. h Failurre to submit to a test or a positive tesst will w exclude an a applicant from being hired. Appliicants who teest po ositive will not n be considdered for em mployment w with the Counnty fo or two (2) yeears after thee test date annd then only when they hhave prresented acceptable prooof of successsful completion of a reehabilitation program annd they pass a pre-employment drrug/alcohol test. t b. Jo ob Changes: Employees accepting a promotion, demotion orr transfer to any y position w will be requirred to submitt to a test before he personnel action can bbe completedd, just as appplicants are th su ubject to pre-employmennt testing. Faailure to submit to a test or a po ositive test will w result in terminationn of employm ment with thee County. C Recrruitment advvertisements include the requirementt for prre-employment drug screeening so thhat applicantss know of thhis reequirement before b applyiing. When thhe hiring deppartment maakes a conditional offer to a caandidate, it aarranges for tthe candidatte to bee tested. Thee Human Re sources Deppartment receeives the ressults an nd notifies th he hiring deppartment.
Established d: May 1977 Last Revised: December 9, 2013
Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress
c. Reasonable R Suspicion: Em mployees maay be requireed to submitt to a teest if reasonaable suspicioon of illegal drug use or drug/alcohol usse/abuse exists. “Reasonnable suspiciion” is a beliief based on ob bjective factts sufficient tto lead a reaasonable persson to suspect an em mployee is im mpaired andd incapable oof satisfactorrily and safeely peerforming asssigned dutiees and respoonsibilities. IIt is a quantitty of prroof or evideence that is m more than juust intuition oor strong feeeling; it must be bassed on facts. Facts suppoorting a reassonable su uspicion deteermination innclude, but aare not limitted to, any onne or more m of the fo ollowing: dirrect observaation of prohibited drug oor allcohol use; slurred s speecch; irregular or unusual sspeech patterrns; im mpaired judg gment; marijjuana or alcoohol odor; unncoordinatedd walking w or mo ovement; unnusual or irreegular behavvior such as in nattentivenesss, listlessnesss, hyperactiivity, hostiliity or ag ggressivenesss; a pattern of excessivee absenteeism m, tardiness or deeterioration in i work perfformance; a pattern of unnexplained prreventable accidents or iinformation based on specific, objecctive faacts that an employee e haas caused or ccontributed to an accideent at work w while un nder the inflluence of alccohol or druggs; a report oof allcohol or dru ug use by ann employee w while at workk by a credibble so ource; possession of alcoohol or drugs; evidence aan employeee is in nvolved in th he unauthorizzed possessiion, sale, sollicitation or transfer of alccohol or druggs while worrking or whiile on the County’s C prem mises or opeerating a Couunty vehicle, machinery or eq quipment; arrrests, citatioons and defeerred prosecuutions associiated with w drugs or alcohol. When W there iss reasonable suspicion, th the supervisoor shall: 1. Arrang ge for anothher supervisoor to verify reasonable suspiccion, if possiible. 2. Confro ont the emplloyee privateely about thee perforrmance/behaavioral issuess, stating susspicions, andd allow the employeee to state a rreasonable eexplanation. A second d party, prefferably a suppervisor, shoould be preseent. 3. The su upervisor wiill inform thee employee tthat a reasonnable suspiccion test is ann obligation and refusal to submit too it will reesult in term mination. If thhe employeee agrees to taake the tesst, the emplooyee will be informed thhat s/he is suspen nded with paay and will bbe notified w whether or noot and un nder what cirrcumstancess s/he will bee allowed to return to work. 4. The su upervisor wiill transport tthe employeee to the approp priate testingg facility. Thhe sample shhould be takeen as soon as a is practicaable from thee time the em mployee is Established d: May 1977 Last Revised: December 9, 2013
Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress suspeccted, but no later than tw wo (2) hours following thhe determ mination of rreasonable suuspicion. If tthe test is noot admin nistered withhin two (2) hhours, the suppervisor musst docum ment the reasson(s) that thhe test was nnot properly admin nistered. If thhe employeee refuses to ttake the test,, he or she will be imm mediately plaaced on adm ministrative suspen nsion withouut pay and sccheduled forr a pre-dismiissal hearin ng with the ddepartment ddirector. If thhe testing is not done within w two (22) hours duee to some reaason other thhan the em mployee’s reffusal, the folllowing shouuld occur: T The emplo oyee shall noot be allowedd to remain oon duty untill negatiive test resullt is obtainedd or 24 hourss have elapseed follow wing the deteermination oof reasonablee suspicion. A positiv ve test will rresult in term mination of eemployment with the Co ounty. d. Random: R Emp ployees in ddesignated saafety-sensitivve and securrityseensitive positions will bee subject to rrandom, unaannounced drrug an nd alcohol sccreening. Thhe Human R Resources Dirrector will deevelop and maintain m a lisst of jobs appproved for rrandom testinng. Th he rate of raandom selecttion for druggs and alcohool will be a peercentage off the annual aaverage empployee base. Every emplloyee in n the pool haas an equal chance of beiing chosen eeach time a raandom selecttion is madee. When an eemployee is rrequired to su ubmit to rand dom testing,, s/he will bee notified verbally by a su upervisor. Reefusal to subbmit to testinng or a positive test will reesult in termiination of em mployment w with the Couunty. ost-accident: Employeess will be testted followingg an on-the-jjob e. Po acccident or otther occurrennce that invoolves one or more of the fo ollowing eveents: a fatalitty, a serious injury to an employee oor otther individu ual, substanttial damage tto vehicles oor other propperty, orr if the employee receivees a citation under state or local law for a moving m trafficc violation aarising from the accidentt. Employeess may m also be teested after a series of miinor on-the-jjob accidents or in njuries as dettermined by the departm ment directorr or County Saafety Officerr. Fo ollowing succh an accideent, the emplloyee must im mmediately no otify the sup pervisor and must submitt to a test as soon as is prracticable. The T supervisoor is responssible for trannsporting thee em mployee to the t appropriaate testing faacility. If a teest is conduccted by y a law enforcement offi ficer at the sccene of the aaccident, the em mployee is required to im mmediately contact his/hher supervisoor to reeport the testt result and tto provide thhe supervisorr with the naame, Established d: May 1977 Last Revised: December 9, 2013
Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress baadge numberr, and telephhone numberr of the law eenforcementt offficer who co onducted thee test. If the employee iss hospitalized for in njuries, arran ngements wi ll be made ffor the testingg to be co onducted at the t medical facility to w which the em mployee has bbeen ad dmitted. Po ost-accident tests will bee administerred as soon aas possible, bbut id deally not mo ore than eighht (8) hours after the acccident. An allcohol test sh hould be adm ministered w within two (22) hours of ann acccident. If un nable to test within (2) hhours, the sup upervisor muust do ocument the reason(s) foor the time ddelay. If the ttest is not peerformed within eight (88) hours, the supervisor w will cease atttempts to ad dminister thee test and wiill documentt the reason(s) why w the test was w not condducted. The eemployee m must refrain ffrom co onsuming alcohol for eigght (8) hourss following aan accident oor un ntil the alcoh hol test has bbeen compleeted, whichever comes fi first. Th he employeee must remaain available for drug andd alcohol tessting orr it will be co onsidered a refusal, unleess the employee is serioously in njured. Refu usal to submiit to testing oor a positivee test will ressult in n termination n of employm ment. 6.19.5 Surrender S of o Drugs, D Parapherna P alia
If an employee is observed ussing a suspeccted substannce, the superrvisor may demand that tthe employeee surrender the item andd relateed paraphern nalia.
6.19.6 Transporta T ation to t Medical Facility F or Home H
e wh ho is unablee to drive saffely or is in nneed of mediical Any employee assisttance will bee transportedd by a supervvisor to a meedical facilityy or to hiss/her home, as a appropriat ate. If the em mployee refusses, s/he willl be advised that locall law enforceement authorities will bee notified thaat an emplo oyee who seeems to be “uunder the inffluence” is trrying to leavve the prremises.
6.19.7 Alcohol A and d Drug D Free Workplace W Policy— P Inspections I and a Searchees
n there is reaasonable susppicion, the C County reserrves the rightt to When search h employer-owned itemss used by em mployees (e.g., desks, lockeers, vehicles, equipment, etc.) and em mployees shoould not exppect privaccy in these containers. c S Search effortts may be conducted by tthe emplo oyee’s superrvisor or deppartment direector and a m minimum off one (1) in ndividual in a managemeent, administtrative or Huuman Resourrces positiion. Law enfforcement offficials and ddepartment ddirectors willl be notifiied in approp priate cases.
6.19.8 Alcohol A and d Drug D Free Workplace W Policy— P
Emplloyees may appeal a discipplinary actioons resulting from violatiions of this policy in accordance a w with the Couunty employeee appeal poolicy. Emplloyees coverred by the Sttate Personneel Administrration must follow w state and agency a discipplinary appeeal policies.
Established d: May 1977 Last Revised: December 9, 2013
Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress Employee E Options O
6.20
Personal P Usse of o County Equipment E
Emplloyees will be b given an oopportunity tto seek assisstance througgh the County’s Emp ployee Assisstance Progrram (EAP), oor another drrug a rehab bilitation proogram approvved by the C County. and alcohol Howeever, involveement in theese programss after the fact of a violattion will not n influencee the discipliinary action taken. The eemployee is eligib ble for this benefit for a llimited periood of time foollowing termin nation. Emplloyees may use u certain toools and equuipment for ttheir own perso onal use whille on Countyy premises. U Under no cirrcumstances may this be b done off County C prem mises, or withhout prior maanagement appro oval. In addittion, employyees may onlly use County property w when they are a on a non-paid break or during a sscheduled tim me when noot activeely working such as a daay off or afteer returning tto work from m homee. Whilee using Coun nty equipmeent for your ppersonal usee, the Countyy will not bee liable for personal p injuuries resultinng from suchh use. The emplo oyee is respo onsible for aany and all liiabilities for injuries or lossess which occu ur, or for thee malfunctionn of equipm ment. The emplo oyee is respo onsible for reeturning thee equipment or tools in ggood condiition, and wiill be requireed to pay forr any damagees that occurr whilee using the eq quipment orr tools for peersonal projeects.
6.21
Polygraph P Examinatio E on
n approval by y the Countyy Manager, aan employeee accused of Upon misco onduct may be b required tto submit to a polygraphh examinatioon during the County y’s investigaation of the aallegation. P Prior to the nistration off the polygrap aph examinattion, the affeected employyee admin must be informed d: • Th hat the questions will reelate specificcally and narrrowly to thee peerformance of o official duuties; • Th hat the answ wers cannot bbe used againnst the emplloyee in any su ubsequent crriminal proseecution; andd • Th hat the penaalty for refusing to particcipate in the polygraph eexam iss dismissal.
6.22
Attendance A e
Emplloyee’s atten ndance is exttremely impoortant to the success of Coun nty services. The Countyy expects em mployees to sstrive for perrfect attend dance and to o arrive for w work on timee. However, it is understtood that, on o occasion,, an employeee may not bbe able to come to work or may need n additional time beffore arrival. S Sickness andd other emerg gencies cann not always bbe anticipatedd and may reequire an emplo oyee to misss all or part oof the work dday.
Established d: May 1977 Last Revised: December 9, 2013
Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress Emplloyees who cannot c reporrt to work as scheduled m must notify ttheir immeediate superv visor as soonn as possiblee, but not lateer than thirtyy (30) minutes m afterr the employyee’s regularrly scheduledd starting tim me. Emplloyees must let their supeervisor know w for how loong they willl be out an nd when they y expect to rreturn or, as the case maay be, arrive for work. Excesssive absencces, or lateneess and excesssive patternns of absencees or lateneess may lead d to disciplinnary action, uup to and inccluding dismiissal. If an em mployee is aabsent from w work for thrree (3) conseecutive days without nottice, the Couunty will connsider that thhe emplo oyee has volluntarily resiigned his or her positionn. 6.23
Social S Mediia Policy P
Emplloyees are ex xpected to acct responsiblly and exercise good judgm ment when in nteracting w with social meedia resourcces. When uusing sociall media reso ources for peersonal and pprivate reasoons, employeees must ensure a distinct separattion betweenn personal annd organizattional viewss and must not n speak as a representaative of the C County. Inapp propriate usaage of social media resouurces may bee grounds foor discip plinary action, up to andd including ddismissal. Inaappropriate usagee of social media m sourcess for any reaason includess but is not limiteed to: a. Use U of County y equipmentt to visit social media sittes for persoonal reeasons in vio olation of Coounty “accepptable use” ppolicies; b. Not N ensuring a distinct seeparation bettween personnal and orrganizationaal views; c. Making M statem ments that giive the appeearance as beeing made byy a reepresentativee of the Counnty when unnauthorized tto make suchh sttatements as a representaative; d. Discourteous D s treatment oof or disrespeectful behavvior toward thhe pu ublic or otheer employeess e. Conduct C or beehavior unbeecoming to a public officcer or emplooyee; f. Releasing R info formation aboout the Counnty that is coonfidential.
6.24
Report R of Motor M Vehiicle Violation V an nd Criminal C Charges C and Convictions C s
Established d: May 1977 Last Revised: December 9, 2013
Moto or vehicle vio olation chargges and convvictions and any criminaal (misd demeanor/fellony) chargees and convicctions must be reported to the im mmediate sup pervisor by tthe first worrking day folllowing the charg ge or convicttion. The sevverity of thee offense willl be evaluateed in relatio on to the possition held bby the emplooyee at the tim me it occurrred. In som me cases, thee severity off the offensee may result in disciplinaary action n, up to and including diismissal.
Article A 6 –Con nditions of Em mployment
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New w Hanoveer County y Personn nel Policies & Pro oceduress AR RTICLE 7 LEAVE PO OLICIES 7.0
Purpose P and d Applicabilit A ty
The County’s C leave policies pprovide empployees with the opportunnity to atteend to personaal and family matters, to reenew their phhysical and mental capabilities and to remain fully pproductive em mployees. Paaid leave policcies apply to regular (no on-temporaryy) employees.. Temporary employees m may be elig gible for some unpaid leavve due to circuumstances specified below w.
7.1
Holiday H Lea ave
New Hanover Co ounty will obbserve the saame holiday schedule as designated by thee Office of S State Personnnel.
7.1.1
Holiday H Leave— L Eligibility E
Only employees assigned a to rregular (nonn-temporary)) positions w who, on thee work day preceding p annd followingg the holidayys, were (1) aat work,, or (2) in an n approved ppaid leave staatus, shall bee eligible to receiv ve holiday pay. If Counnty offices arre closed on the day befoore or after a County ho oliday due too furlough orr if employeees are otherw wise requirred to take leeave withouut pay on eithher day due tto budgetaryy reasons, the Coun nty Managerr may waive the requirem ment that emplo oyees work or o are in an aapproved paaid leave stattus on those particcular furloug gh days.
7.1.2
Holiday H Leave— L Number N of Hours H Paid
The amount a of tim me allowed ffor a paid hooliday is based on the numb ber of annuall hours for w which an empployee’s possition is budgeeted. If emp ployees’ norm mal work scchedules are other than thhe standard 2,080 ho ours/year, thheir holiday ppay may be pprorated bassed on thee number off hours budgeeted for theiir positions. F Fire Servicees staff scheduled s to o work 24-hoour shifts recceive 12 houurs of holidayy pay for fo each holid day.
7.1.3
Holiday H Leave— L Working W on na Holiday H
mployees musst work on a paid holidayy and they aare in a posittion If em that iss non-exemp pt from the F FLSA, they w will be paid for all time workeed in additio on to holidayy pay. If theey are exemppt from the FLSA A, they will be b granted a paid holidayy at a later ddate of their choossing with theeir supervisoor’s prior appproval. Theyy are encourraged to tak ke this holidaay before thee end of the calendar yeaar if possiblee.
7.1.4
Holiday H Leave— L Effect E of Otther Paid P Leave
o personal leave l or som me other paidd leave may not be used if an Sick or emplo oyee is not eligible e for hholiday pay. Employees eligible for holidaay leave may y use other ppaid leave too augment thhe holiday leeave for reeasons that may m include aaccommodaating flexiblee schedules.
7.2
onal leave maay be used ffor rest and rrelaxation annd for approvved Personal P Leeave Perso sick leave. Only regular (nonn-temporary)) employeess can accrue perso onal leave.
Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress 7.2.1
mporary) empployees scheeduled/budgeeted to workk Regular (non-tem Personal P 0 hours a yeaar shall accruue personal lleave based on consecuttive Leave--Acc L rual 2,080 years of County service, s as foollows: Yeears of Seervice Up to t 2
Personal P Leaave Hours Pay Period Acccrued per P 3.07669
Personaal Leave Daays Accru ued per Yearr 10
2-4
3.69223
12
5-9
4.61554
15
10-1 14
5.53885
18
15-1 19
6.46 15
21
20 or o more
7.38446
24
Regular part-timee employees shall accruee personal leeave at a ratee which h is prorated d in accordannce with the per cent of ffull-time equiv valency (FTE E) scheduledd/budgeted too work. For example, thee accru ual rate for a regular partt-time emplooyee who is sched duled/budgetted to work 550% of a fulll-time positiion (.50 FTE E; 1,040 0 hours a yeaar; 20 hours a week) is 50% of the abbove accruall rates. Regular employees scheduledd/budgeted tto work moree than the ours in a yeaar and whosee workday hoours exceed the standard 2,080 ho standard eight (8)) hours, shal l accrue perssonal leave aat the prorateed amou unts indicated d below: • Regular em mployees sccheduled/buddgeted to woork 2,184 hoours a year shall accrue pers onal leave aat a rate whicch is 5.0% hiigher than thosee scheduled/bbudgeted to work 2,080 hours a yeaar. mployees sccheduled/buddgeted to woork 2,340 hoours a • Regular em year shall accrue pers onal leave aat a rate whicch is 12.50% % higher thaan those scheeduled/budggeted to workk 2,080 hourrs a year. mployees sccheduled/buddgeted to woork 2,904 hoours a • Regular em year shall accrue pers onal leave aat a rate whicch is 39.62% % higher thaan those scheeduled/budggeted to workk 2,080 hourrs a year. 7.2.2
Personal P Leave—Use L e
Established d: May 1977 Last Revised: December 9, 2013
onal leave maay be taken as earned byy the employyee, subject tto Perso the ap pproval of th he employeee’s supervisoor. When the personal leaave is duee to medical necessity, thhe County m may require a health caree provider’s certificcate concernning the natuure of the illnness and the emplo oyee’s physiical capacityy to resume dduties. Wherre the leave iis requeested to care for an ill fam mily membeer, the Countty may requiire Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress certiffication from m that family member’s hhealth care pprovider speciffically the caare the emplloyee will prrovide to thee family mem mber. 7.2.3
Personal P Leave— L Maximum M Accumulati A ion
Emplloyees workiing the standdard 2,080 hhours per yeaar may accum mulate perso onal leave to a maximum m of 320 houurs. The maxim mum accum mulation for eemployees w working otheer than the standard 2,080 an nnual hours, will be deteermined as a prorated am mount of thee standard maximum. m When n the maximu um has beenn accumulateed, all additiional accruedd perso onal leave ov ver and abovve the maxim mum will be converted too sick leave and credited d to the empployee’s sickk leave balannce.
7.2.4
Personal P Leave—Pay L y or Deduction D at a Separation S
n resignation n, an employeee will be paaid for persoonal leave Upon accum mulated to th he date of sepparation, not to exceed tthe maximum m accum mulations staated in this A Article. An eemployee innvoluntarily separated withoutt failure in pperformance of duties or personal condu uct, will be paid p for perssonal leave aaccumulated to the date oof separation. For in nvoluntary seeparation duue to failure iin performannce of dutties or perso onal conduct , accumulateed personal lleave may be withh held, given th he circumstaances of eachh employee’’s case, at thee discreetion of the County C Mannager. At thee time of an employee’s separation, any personaal leave owedd the Coun nty will be deeducted from m the employyee’s final compensationn.
7.2.5
Personal P Leave—Pay L y upon u Death h
The estate e of an employee e whho dies whilee working foor the Countty will be b entitled to o payment foor all of the aaccumulatedd personal leaave creditted to the em mployee’s acccount.
7.3
Sick S Leave
Sick leave l with pay is not a riight which aan employee may demannd but a privilege granted by thee Board of C County Comm missioners. S Sick leave may be gran nted to an em mployee abssent from woork for any oof the follow wing reasonss: personal ssickness or bbodily injuryy; doctor’s offfice visits; prescribed diagnostic ttesting, lab w work or meddical treatmennt; or expossure to a con ntagious diseease when coontinuing to work mightt jeopaardize the heaalth of otherrs. An em mployee may y also be graanted sick leeave to care ffor an immediate family y who is ill and a requiress the employyee’s assistannce. “Immeddiate family y” will be deeemed to incclude the fatther, mother,, wife, husbaand, son, daughter, d bro other, sister, grandfatherr, grandmothher, mother-iinlaw, father-in-law f w, son-in-law w, daughter-iin-law, brothher-in-law, ssisterin-law w, grandson,, granddaughhter, half-sisster, half-broother, stepmoother, stepfaather, stepso on, stepdaughhter, stepsistter, or stepbrrother.
Established d: May 1977 Last Revised: December 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress
The County C may require a heealth care proovider’s certtificate conceerning the naature of the m medical conddition and thhe employeee’s physiical or mentaal capacity too resume dut uties. Where the leave is requeested to care for an ill fam mily membeer, the Countty may requiire certiffication from m that family member’s hhealth care pprovider speciffying the carre the emplooyee will proovide. the desire to take sick leaave For sccheduled treeatment, notiification of th shoulld be commu unicated to thhe employeee’s supervisoor as soon ass the treatm ment is sched duled. For uunscheduled treatment, nnotification shoulld be commu unicated as ssoon as possiible prior to the leave orr not later than t thirty (3 30) minutes after the begginning of thhe scheduledd work day, unless such proceddures are othherwise dictaated by deparrtmental poliicy, as approoved by the H Human Resoources Direcctor. 7.3.1
Sick S Leave— — Accrual A
Regular (non-tem mporary) empployees scheeduled/budgeeted to workk the standard 2,080 ho ours per yearr shall accruue sick leave at the rate oof 3.692 23 hours per pay period, or 96 hours for each com mpleted yearr of servicce. Regular employees scheduledd/budgeted tto work otheer than the standard 2,080 ho ours per yearr shall accruue sick leave at the rates indicaated below: (1) Elligible part-ttime employyees scheduleed/budgetedd to work a minim mum of twen nty (20) hourrs in a workw week shall aaccrue sick leeave at a prorated p amo ount based onn their annuaal budgeted hours. (2) Fiire Services personnel sccheduled/buddgeted to woork 2,904 annnual hourss and 24-hou ur shifts shalll accrue sickk leave at a rrate 39.62% higheer than the sttandard accruual rate. (3) Regular emplo oyees schedu duled/budgeteed to work 22,184 annuall % higher thaan the standaard hourss shall accruee sick leave at a rate 5.0% accru ual rate. (4) Regular emplo oyees schedu duled/budgeteed to work 22,340 annuall hourss shall accruee sick leave at a rate 12.50% higher than the standard accrual rate. r
7.3.2
Sick S Leave— — Maximum M Accumulati A ion
Sick leave l will bee cumulativee for an indeefinite periodd. For retirem ment purpo oses, all unussed sick leavve transform ms into credittable servicee. For ev very 20 dayss of unused ssick leave thhe retiring em mployee hass, he or shee receives on ne month of creditable service, exceppt that an emplo oyee cannot be credited for sick leavve in excess of what the emplo oyee would have accumu mulated in 30 years of serrvice with noo use.
7.3.3
Sick S Leave— —
The balance b of acccumulated uunused sick leave shall nnot be paid tto the
Established d: May 1977 Last Revised: December 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress
7.3.4
Balance B at Separation S
emplo oyee, as it iss a privilege and not earnned, upon separation. Howeever, a recorrd of the balaance will be maintained to restore crredits shoulld an employ yee return too employmennt with the C County.
Sick S Leave— — Restoration R n Upon U Reemploymen e nt
l accum mulated durinng prior empployment witth the Countty Sick leave may be b credited to t a returningg employee’’s sick leave balance. Initially, the num mber of unuseed prior sickk leave hourss up to the maxim mum of sick k leave the em mployee woould earn in a year underr the New Hanover Co ounty Personnnel Policy w will be creditted to the emplo oyee’s sick leave l balancce. Upon n completion n of five (5) yyears of servvice to New Hanover Coun nty, the remaaining balancce of prior siick leave willl be transferrred to thee employee’ss sick leave aaccount.
7.3.5
Sick S Leave— — Transfer T off Sick S Leave from f Anoth her Employer E
Sick leave l accum mulated durinng prior empployment maay be transferrred to a new n employeee’s sick leavve balance uupon employyment with N New Hano over County, subject to thhe followingg conditions:: a. Th he new emp ployee must bbe an active enrollee in a state or loccal go overnment employees’ e rretirement syystem under the umbrella of th he North Carrolina State T Treasury Deepartment. b. Th he new emp ployee must pprovide the N New Hanover County Human H Resou urces Departtment with a certified acccounting froom hiis/her previo ous state or loocal governm ment employyer of the sicck leeave balance which was available forr the employyee’s use at tthe tim me of termin nation and foor which thee employee rreceived no reecompense. c. Upon U employ yment, New H Hanover Coounty will traansfer up to tthe maximum m of sick leave thhe employeee would earnn in a year unnder th he New Hano over Countyy Personnel P Policy to thee employee’ss sick leeave balance. d. Upon U completion of five ((5) years of service to N New Hanoverr County, C the reemaining baalance of prioor sick leavee will be transferred to the employeee’s sick leaave account.
7.4
Sick S Leave Bank— B Purpose P and d Applicabilit A ty
The purpose p of th his policy is to provide nneeded additiional sick leave to em mployees duee to a personnal catastrophhic illness orr the catastroophic illnesss of an imm mediate familly member. This policy covers all regulaar employeees who have successfullyy completed the introducctory period d, who meett all of the elligibility critteria as descrribed below, and who participate p in n the sick leaave bank proogram by coontributing thhe requirred personall leave to thee bank. Partiicipation in tthe sick leavve bank program is voluntary. v “Imm mediate famiily member”” includes the employee’’s father, moother,
Established d: May 1977 Last Revised: December 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress wife, husband, so on, daughter,, brother, sisster, grandfatther, grand dmother, mother-in-law, father-in-law w, son-in-law w, daughter--inlaw, brother-in-la b aw, sister-in--law, grandson, granddauughter, half-sister, half-brotheer, stepmotheer, stepfatheer, stepson, stepdaughter, stepsiister, or stepbrother. 7.4.1
Sick S Leave Bank B Policy y
p establlishes a bankk of availablle sick leave hours, This policy volun ntarily contriibuted to, or “deposited”” by, employyees on an annnual basis.. Eligible em mployees maay request sicck leave from m this sick leeave bank in certain caatastrophic s ituations. A catastrophicc situation exxists when n a serious heealth conditiion of the em mployee or a member of the emplo oyee’s immeediate familyy requires thhe care of a pphysician forr a prolonged period of time andd forces the eemployee to exhaust all accru ued personal and sick leaave. To be elligible, emplloyees must have depossited leave to o the bank du during the ennrollment perriod of the saame plan year y as when n they reque st to withdraaw leave; theey must havee exhau usted all accrrued personaal and sick leeave; and thhey must havve an appro oved catastro ophic situatioon which preevents them from returnning to wo ork. This policy does nott apply to jobb-related illnnesses or injuuries.
7.4.2
Sick S Leave Bank B Procedures— P — Enrollment E t
O regular employees e w who have succcessfully coompleted thee a. Only in ntroductory period p may pparticipate. b. Only O employeees with a m minimum balance of 80 hhours of perssonal an nd sick leavee combined aas of the begginning date of the new beenefit plan year y may parrticipate. If aan employee enrolls duriing th he enrollmen nt period, butt does not haave the miniimum leave baalance requirred at the beeginning datee of the new w plan year, nno peersonal leavee will be takken from the employee’ss personal leaave baalance to dep posit into thee bank and tthe employeee will not bee co onsidered a participant. p c. Fu ull-time emp ployees mus t deposit at lleast eight (88) hours of peersonal leavee in the bankk. Part-timee employees must deposiit peersonal leavee in the bankk in the amount of a prorrated numbeer of ho ours based on o their posittion FTE staatus. For exaample, an em mployee in a 50% FTE pposition musst deposit at least four (44) peersonal leavee hours in thhe bank. d. Employees who w wish to pparticipate inn the sick leaave bank prrogram mustt deposit to tthe bank durring the openn enrollmentt peeriod established for eacch plan year. e. An A additionall enrollment process mayy be conductted when thee nu umber of hours in the baank is insuffi ficient to fulffill a requestt. f. Employees who w enroll duuring the annnual open enrollment perriod orr who enroll during a subbsequent enrrollment perriod will rem main elligible until the t end of thhe plan year.. g. Deposited D leaave is not reffundable.
Established d: May 1977 Last Revised: December 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress h. To allow reseerves to be buuilt, at the ennd of the bennefit year, thhe baalance of unu used sick leaave may be ccarried overr to the next yyear. i. No N unused leaave will be rreturned to eemployees. 7.4.3
Sick S Leave Bank B Procedures— P — Withdrawa W al
Established d: May 1977 Last Revised: December 9, 2013
W an emp ployee has a catastrophicc situation ass defined aboove, a. When hee or she may y request sickk leave from m the bank byy submittingg a co ompleted Leeave Requestt Form and ssupporting m medical ceertification to his or her supervisor oor departmennt director, w who will w process itt through to the Human Resources D Director or hhis deesignee. b. It is the emplo oyee’s respoonsibility to ssubmit timelly requests w with reequired supp porting mediccal documenntation. Empployees are ad dvised to app ply for leavee at least twoo (2) weeks pprior to the ex xhaustion off all leave. Inndividual cirrcumstances will be ex xamined for timeliness oof request, buut generally retroactive reequests will not n be approoved. c. Th he submitted d form mustt be completee and includde the physiccian’s ceertification th hat the emplloyee is requuired to be abbsent from w work fo or the specifiied period. d. Each request must be in inncrements oof whole dayys, and for noo less han five (5) consecutive c days. th e. In ntermittent leeave, i.e., ann hour or dayy here or therre, is not an accceptable use and will noot be approvved. f. Th he maximum m number off hours grantted to a full-time employyee within w a plan year is 240. The maxim mum number of hours graanted to o a part-time employee w within a plann year will bee a prorated am mount, based d on the empployee’s possition FTE. g. Leave will no ot be grantedd to employeees for the peeriod of timee they reeceive short--term or longg-term disabbility benefitss. Leave mayy be grranted for th he disability bbenefit waitiing period (pprovided theey haave no leavee balances too otherwise tthe absence). The Humann Resources R Dirrector or hiss designee w will consult w with the em mployee’s department heead, and willl review thee employee’ss file to o determine if i the employyee is eligibble to receivee the requestted leeave. h. Th he Human Resources R Diirector or hiss designee w will review thhe em mployee’s atttendance reecords to deteermine if a hhistory of ex xcessive leav ve usage is ddocumented.. FMLA leavve will not bbe co onsidered as excessive leeave usage. i. Th he Human Resources R Diirector or hiss designee w will notify thhe em mployee and d the employyee’s departm ment head off the deetermination n within fivee (5) businesss days of recceipt of the reequest. j. Employees do o not have thhe right to apppeal the Huuman Resourrces Director’s, D or his designeee’s, determinnation. Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress k. When W a requeest for sick leeave bank hoours is grantted, the Hum man Resources R Deepartment wiill credit the approved nuumber of hoours to o the employ yee’s sick leaave account for the emplloyee’s apprroved usse. l. Th he Human Resources R Deepartment w will monitor tthe usage off crredited hourss in the employee’s sickk leave accouunt and reserrves th he right to deebit the accoount if abuse is determineed. m. Credited C hourrs in the empployee’s sickk leave accouunt not withdrawn w forr approved uuse will be reeturned to thhe bank ratheer th han remain in n the employyee’s sick leeave accountt. n. Withdrawn W daays will be ccounted towaards the empployee’s FM MLA en ntitlement iff the period oof absence qu qualifies as F FMLA leave.. o. In n cases of deemonstrated abuse of sickk leave priviileges, the County C may require r a heaalth care provvider’s certiificate verifyying th hat an emplo oyee’s absencce was due tto illness forr each occasiion on n which an employee e us es sick leavee or personaal leave for reeasons of sicckness. p. A supervisor or departmeent head desiiring a healthh care providder’s ceertificate from an employyee shall notify that indiividual of thhe reequirement and a specify tthat all such certificationns are to be su ubmitted to the t Human R Resources D Department. q. In nformation received in thhe Human R Resources Deepartment w will be reeported to the concernedd supervisor oor department on a strictt neeed-to-know w basis. r. Medical M certiffications of aan employeee’s ability too resume duties fo ollowing an extended e absence shall bbe in accorddance with thhe Faamily and Medical M Leavve Act (FML LA) and the F FMLA prrovisions in this policy. 7.5
Leave L of Absence A Without W Pa ay
gular (non-teemporary) em mployee mayy be grantedd a leave of A reg absen nce without pay p for up too six (6) monnths by the C County Manager or hiss designee (w which may innclude and rrun concurreently with upp to twelv ve weeks of approved a FM MLA leave). The leave w will be usedd for reasons of person nal or familyy disability, ccontinuation of educationn, or speciaal work that will permit the County to benefit byy the experieence gaineed or the worrk performedd, or such oth ther reasons for which thhe Coun nty Manager or his designnee deems aappropriate. Emplloyees shall be b granted a military leaave of absencce without ppay to serve in the militaary, for a lonnger period oof time if needed, in accorrdance with the t Uniform med Services Employmennt and Reem mployment Rights R Act off 1994 (USE ERRA) and thhe Military Leavee section of this t Article.
7.5.1
Leave L With hout
Established d: May 1977 Last Revised: December 9, 2013
An em mployee may y alternate leeave withouut pay with w working timee, but Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress Pay P and Paid Leave L Use Rule R
mployee willl be permitteed to rotate bbetween leavve without paay no em statuss and a paid leave status..
7.5.2
Leave L of Absence A Without W Pa ay Rules R and Procedures P
a. Th he employeee will apply in writing too the superviisor for leave without w pay. b. Th he employeee is obligatedd to return too duty withinn or at the ennd of th he time deterrmined approopriate by thhe County M Manager or hiis deesignee. c. Iff the employee decides nnot to return to work, he should notiffy his su upervisor im mmediately. d. Iff the employee returns too work from leave withoout pay and within w 30 day ys must be pllaced back oon leave for tthe same reaason, an ny leave with hout pay tim me will be coontinuous froom the prior leeave withoutt pay period and countedd toward the six (6) montth maximum. m Iff the employyee is placed on leave 300 days follow wing a return to wo ork, any leavve without paay that resullts will beginn a neew period. e. Upon U returnin ng to duty affter being onn leave withoout pay, the em mployee shaall be entitledd to return too the same pposition held at th he time leavee was granteed, or to a comparable poosition. f. Faailure to report at the exppiration of leave of abseence will be co onsidered a resignation r bby the emplooyee.
7.5.3
Leave L of Absence A Without W Pa ay— Retention R and a Continuatio C on of o Benefits
An em mployee tran nsferring froom an active pay status too leave withhout pay, shall s becomee ineligible tto accrue leaave credits annd benefit frrom Coun nty paid insurrance premiuums in accorrdance with the followinng provisions: A. Leeave Credits Emplloyees transfferring from an active paay status to aany leave wiithout pay sttatus shall become ineliggible to accrrue leave creedits beginning the firrst pay perio od in which tthey perform m no work orr have no paaid leave. Employeess returning too an active ppay status froom a leave witho out pay shall begin to acccrue leave crredits in the first pay perriod in wh hich they work or have ppaid leave. E Employees w will retain unuused perso onal and sick k leave balannces while onn leave withoout pay. B. Co ounty-paid In nsurance Preemiums Emplloyees transfferring from active pay sstatus to leavve without paay statuss under the FMLA, F otherr approved m medical leavve, Workers’ Comp pensation, orr Military Leeave may coontinue to beenefit from Coun nty-paid insu urance premiiums for the duration of tthe leave upp to six (6 6) months, so o long as theey timely payy the employyee portion oof the prremiums.
Established d: May 1977 Last Revised: December 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress
Emplloyees transfferring to a leeave withouut pay status for any otheer reason shall become ineligiblle to benefit from Countyy-paid insurance ning the first pay period iin which theey perform nno premiiums beginn work or receive no n pay. Theyy shall be ressponsible forr the timely paym ment of the to otal premium m for any inssurance proggrams they w wish to con ntinue. The same s rules s hall apply too these emplloyees as theey return n to work fro om leave witthout pay staatus. C. Reetention of Leeave An em mployee will retain all uunused persoonal and sickk leave whilee on leave without pay y. 7.5.4
Use U of Personal P an nd Sick S Leave Prior P to Lea ave Without W Pa ay
An em mployee may y use personnal leave beffore going onn leave without pay and a continue to be in a leeave accruingg capacity, bbe eligible too take sick leave, be entitled to holidday pay, be eeligible for m merit increasses or maarket adjustm ment, and be eligible to rreceive the bbenefits offerred underr the County y’s group inssurance policcies while exxhausting perso onal leave. Iff an employeee desires to go on leave without payy for reasons of person nal disabilityy, the employyee may be ppermitted to use mulated sick k leave first, except whenn drawing W Workers’ accum Comp pensation paayments. A pphysician wiill indicate inn writing whhen the peeriod of disaability actuallly begins annd ends. An employee inn the proceess of using accumulated a d sick leave w will continuee to be in a lleave earnin ng capacity, be entitled tto holiday paay, be eligibble for merit increaases or mark ket adjustmennt, and be elligible to recceive the bennefits offereed under the County’s grroup insurannce policies.
7.6
Workers’ W Compensat C ion Leave L
W Coompensationn Act (hereinnafter referreed to Undeer the N. C. Workers’ in this section as the Act), em mployees mayy be compennsated for absen nce from worrk due to inj ury or illnesss covered byy the Act, subject to the folllowing leavee provisions:: a. Fo or the first seven (7) caleendar days oof absence frrom work duue to th he injury or illness, i emplloyees have two leave opptions: Theyy may eiither use app proved sick oor personal lleave or theyy make take leave without w pay. b. Beginning on n calendar daay eight (8) ffollowing thee injury or illlness, emplo oyees who haave not returrned to workk shall be plaaced in n a Workers’’ Compensattion Leave w without Pay sstatus until ttheir reeturn to work k. c. Employees in n a leave withhout pay stat atus will retaiin all s and perrsonal leave w while receivving Workerss’ acccumulated sick Compensation C n benefits. d. Temporary em mployees wiill go directlyy to a leave without payy sttatus and willl receive alll benefits forr which theyy are eligible
Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress un nder the Actt. e. Upon U reinstattement, an em mployee’s saalary will bee computed oon th he basis of th he last salaryy plus any saalary increase to which thhe em mployee wou uld have beeen entitled dduring the abbsence covered by y Workers’ Compensatio C on benefits. f. When W an emp ployee with a Workers’ C Compensatioon claim whho has reeturned to wo ork is directeed by Countty, as part off the treatmeent pllan, to be absent from w work for folloow-up doctorr’s visits or medical m treatm ment, the abssences durinng his or her normal worrk ho ours will be compensateed as hours w worked. g. Any A period off leave withoout pay for a Workers’ C Compensatioon diisability thatt qualifies ass a “serious hhealth condition” under the Faamily and Medical M Leavve Act (FML LA), will runn concurrentlly with w FMLA leeave. h. New N Hanoverr County’s ppersonnel policies shall ccontinue to aapply to o an employeee on Workeers’ Compennsation leavee in the samee manner m as theey would appply to an em mployee who continues too work, w or is ab bsent while oon some otheer form of leeave. Underr the Act, emp ployees are noot compensatted for the firsst seven (7) calend dar days of th he absence, unnless the expeected durationn of the absennce is twentyy-one (21) or more calenda dar days. If thee duration turrns into twenttyone (2 21) or more calendar days,, they receivee retroactive W Workers’ Comp pensation beneefits for the fi first seven (7) calendar dayys.
7.7
Maternity M Leave L
In acccordance witth the Countty’s policy oon equal empployment opporrtunity and applicable a feederal, state aand local law ws, female emplo oyees will no ot be penalizzed in emplooyment becaause they reqquire time away a from work w caused by or contriibuted to by pregnancy, miscaarriage, aborrtion, childbiirth, or recovvery. Their absence for the period d of disabilitty is to be treeated as an aabsence for aany other tempo orary disabillity. If the eemployee dessires leave bbefore or afteer the period d of disabilitty, she may request apprroval of perssonal leave oor leave without pay y.
7.8
Military M Leave— L Policy P
In acccordance witth federal annd state lawss, the Countyy provides militaary leave to employees e w who are mem mbers of the uniformed servicces for absen nces to perfoorm military duty, whethher voluntaryy or involu untary. Abseences to perfform any miilitary duty ((including acctive duty, active duty training, inaactive duty trraining suchh as scheduleed drills and summer camp, full--time Nationnal Guard fedderal duty, fitnesss-for-duty examination, and funerall honors dutyy) are covereed by this policy, p unlesss the employyee reaches tthe five-yearr maximum of militaary leave as established bby the Unifoormed Servicces Employm ment and Reemployme R ent Rights Act (USERRA A). This poliicy providess
Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress militaary leave to regular r and ttemporary C County employees unlesss their employmentt is for a brieef, non-recurrrent period and there is no reasonable expecttation that suuch employm ment will coontinue finitely or forr a significannt period. indefi 7.8.1
Military M Leave— L Procedures P
Emplloyees should submit a reequest for m military leavee to the superrvisor or dep partment heaad as soon inn advance of the military duty as possible. The request r shouuld be in writting and should be mpanied by a copy of thee military orrders. Emplooyees must report accom back to work as soon s after miilitary duty aas possible, cconsistent w with federaal and state laws. l If the rreason for thhe employee’s delay is nnot relateed to military y duties, the employee iss subject to tthe personneel policiies and practtices normallly applied too employeess with unexcuused absen nces.
7.8.2
Military M Leave—Pay L y Differential D l Policy P
Regular employees may chooose whether to use militaary leave (leaave witho out pay), accrued personaal leave (leaave with pay)), or some comb bination thereeof for thesee absences. F For certain pperiods of militaary duty, reg gular employyees choosinng to use miliitary leave witho out pay may receive a paay differentiaal to make upp the differeence betweeen their reg gular Countyy wage and m military pay rreceived durring the peeriod of miliitary leave. T The followinng guideliness outline thee Coun nty’s differen ntial pay pracctice for reggular employyees using militaary leave: a. Fo or absences due to trainiing (active dduty training, inactive duuty training such as scheduledd drills and ssummer cam mp), fitness-ffordu uty examinaation or funerral honors duuty, the empployee may cclaim up p to ten (10) days of diffferential payy per calendaar year, provvided th he days are recorded as m military leavve and the miilitary basic pay iss less than th he employee’’s regular Coounty pay. b. Fo or periods off active dutyy, other than for purposees of trainingg, fittness-for-du uty examinattion or funeral honors duuty, the emplloyee may m receive differential d ppay for a maxximum periood of six (6) co onsecutive months m per c alendar yearr, provided thhe days are reecorded as military m leavee and the millitary basic ppay is less thhan th he employee’s regular Coounty pay. c. To claim diffeerential pay,, the employyee must submit a copy oof hiis/her militarry orders, paay vouchers,, and other apppropriate do ocumentatio on evidencingg performannce and comppensation peertinent to th he military dduty. Regular employees choosing to use persoonal leave (ppaid leave) raather than military m leav ve for the perriod of milittary duty willl not receivee differrential pay.
Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress 7.8.3
Military M Leave— L Personal P an nd Sick S Leave Balance B Inttact Until U Returrn
ng the period d of military leave, regullar employeees may contiinue Durin health h and dental insurance cooverage up tto one year, provided theey contin nue to pay th heir share off the premium ms. As with any other unnpaid leave, employees do not accruue personal leave or sickk leave durinng the peeriod of leav ve without paay. Howeverr, the balancce of such accru uals on the daate of comm mencement off the militaryy leave will remaiin intact for the employeee’s return too work.
7.8.4
Military M Leave— L Return R to Employmen E nt
ary leave are entitled to rreturn Regular employees returning from militar to thee position theey would hav ave had, had they remainned continuously emplo oyed, with su uch seniorityy, status, andd pay, as theey would havve had and a they shalll be entitledd to participaate in insurannce and otheer beneffits offered by b the Countty pursuant tto established rules and practiices pertinen nt to other tyypes of leavees of absencee. However, if emplo oyees are on n leave 91 daays or more oor if they recceive a disabbility in millitary servicee which rendders them unnable to perfform the functiions of the position p theyy would havee had, had thhey remainedd contin nuously emp ployed, they may be offeered a positioon of equivaalent seniority, status and a pay, provvided they m meet the quallifications foor the equiv valent positio on, in lieu off the positionn they wouldd have had. IIf emplo oyees cannot become quualified for thhe position tthey would hhave had, they t may be placed in thheir pre-serviice position so long as thhey are qu ualified for the t job or coould become qualified. Iff they cannot becom me qualified d for the pre- service posiition, they m may be placedd in any other o position n of lesser sttatus and payy for which tthey are qualiffied. An em mployee’s en ntitlement too the provisions of this section termiinates upon the occurren nce of any of the followiing events: a. Su uch employeee is separatted from unifformed serviice with a diishonorable or bad condu duct dischargge; b. Su uch employeee is separatted from unifformed serviice under othher th han honorablle conditionss, as characterized pursuuant to reegulations prrescribed by the Secretarry concernedd; c. Th he County’ss circumstancces have so changed as tto make suchh reem mployment impossible i oor unreasonaable; or d. Su uch employeee gives cleaar written nootice s/he hass no intentioon of reeturning to work. w
7.9
Civil C Leave
Established d: May 1977 Last Revised: December 9, 2013
All co ounty emplo oyees called for jury dutyy or as a witnness in any ccivil or criminal legal proceeding p w will be entitlled to leave with pay forr d during the requiredd absence. A An employee may keep feees such duty and trravel allowances receiveed for jury orr witness duuty in additioon to his/heer regular co ompensation . While on ccivil leave, bbenefits and leave will accrue as though onn regular duuty. This poliicy shall nott Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress apply y in private court c actions unrelated too the Countyy, involving the emplo oyee directly y as a plaintiiff or defenddant. 7.9.1
Attending A Court C in Connection C n with w Duties is Not N Civil Leave L
n a county em mployee atteends court inn connectionn with his/her When officiial duties, no o leave is reqquired. All tiime spent in court and inn travell to and from m home, or pplace of workk to court wiill be considdered workiing time. Em mployees muust turn overr to New Haanover Counnty any witness w fees or o travel alloowances awaarded by thee court for coourt appeaarance in con nnection witth their official duties. The county comp pensates emp ployees for trravel, room,, board, and special expeenses incurrred while serving as witnnesses in connnection witth their dutiees. Traveel out-of-tow wn will be coompensated iin accordancce with the F Fair Laborr Standards Act A (FLSA) .
7.10
Administra A ative Leave— L Purpose P and d Applicabilit A ty
Theree are times when w the Couunty Manageer may deem m it inadvisabble for em mployees to report to woork or for Coounty officess to be open,, such as inclementt weather, ann emergencyy situation, oor a loss of ppower or som me other env vironmental concern. Thhe purpose oof administraative leave is to provid de wage or peersonal leave replacement for emplooyees unablle to work beecause the C County officees are closedd. This leavee appliees to all eligiible regular (non-temporrary) employyees. “Eligiible” emplo oyees refer to t regular (noon-temporarry) employeees who woulld not no ormally be required r to reeport to worrk when theirr offices are closed d due to declared periodds of adminisstrative leavee. C Manaager may auuthorize the uuse of adminnistrative leaave The County for otther special purposes p as deemed apppropriate. Thhe followingg policy y relates to the t use of it dduring emerrgency closinngs.
7.10.1 Administra A ative Leave—Pol L licy
The County C Manaager may deeclare periodds of adminisstrative leavee during which elig gible employyees may recceive adminiistrative leavve fo any time they t were unnable to worrk during theeir regularly pay for sched duled work hours h due to the closing. Administrattive leave m may be designated for full days orr partial dayss and for seleected or all Coun nty offices, depending d onn the circumsstances. Unlless deemed inelig gible for adm ministrative lleave pay, em mployees shall not be requirred to chargee the use of ppersonal leaave or take leeave-withoutt-pay for lo ost work timee. Admiinistrative leeave covers oonly the empployee’s reguular hours of work on those day ys the emplooyee is schedduled to worrk. It does noot coverr the periods of unscheduuled or overttime work performed in relatio on to an emeergency. Whhere work is performed bby an employee who is i eligible fo or administraative leave du during declarred admin nistrative leaave period(s)), the employee shall recceive wages and
Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress admin nistrative leaave pay. Every y employee eligible e for aadministrativve leave whoo would otherw wise be in an n “at work” status whenn administrattive leave is declarred may receeive the bennefit of that leave. Howeever, employyees in an approved leave status (ssick, personaal, leave withhout pay) that is sched duled to last the durationn of the admiinistrative leeave shall noot be eligib ble for admin nistrative leaave. When thhe pre-approoved leave iss sched duled to end prior to the end of admiinistrative leave, the emplo oyee shall bee eligible forr that leave oon the date tthey are sched duled to returrn to work. Employees in an unapprroved leave statuss immediatelly precedingg, during or iimmediatelyy following thhe declarred administtrative leavee period shall not be eligible for admin nistrative leaave pay. Emplloyees directted by officiaal notice to eevacuate theeir homes aree entitleed to adminiistrative leavve prior to thhe official start of the declarred administtrative leavee period. Adm ministrative leave for theese emplo oyees will beegin at the ppoint the evaacuation ordeer is issued aand upon notification to appropriaate supervisoory personneel. If the uation is com mpleted befoore administrrative leave bbegins, the evacu emplo oyee should report back to work or rrequest to usse personal leave. Admiinistrative leeave for eligiible employeees requiredd to work thee first emerg gency shift may m begin prrior to the offficial start oof administraative leave, at the discrretion of the County Mannger. This w will allow thoose emplo oyees time to o prepare fo r the emergeency and resst prior to reporting for theirr shift. ning home att the end of a shift to sleep before Emplloyees return reporting for theirr next shift aare not entitlled to adminnistrative leavve betweeen shifts. Admiinistrative leeave does noot count as hoours workedd for overtim me purpo oses. 7.11
Education E Leave L
Established d: May 1977 Last Revised: December 9, 2013
Emplloyees may be b granted peersonal leavve or leave-w without-pay during regular wo orking hourss or may be aallowed to w work a flexibble work schedule to attend coursses of study which will bbenefit the emplo oyee and thee County, wiith prior approval of theiir departmennt head. Employeess may be graanted an exteended leave of absence out pay to furrther their edducation in a way that w will benefit thhe witho emplo oyee and Co ounty. The eeducational lleave of abseence withoutt pay will not n exceed siix (6) monthhs. When in aan educationnal leave of absen nce, employeees may conttinue their ggroup health and dental Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress insuraance coverag ge so long ass they make timely paym ments, but thhey will be b responsiblle for the tottal monthly ccosts (both eemployer and emplo oyee shares)). 7.12
Bereavemen B nt (Funeral) ( Leave— L Purpose P and d Applicabilit A ty
7.12.1 Bereavemen B nt (Funeral) ( Leave—Pol L licy
The County C undeerstands the ddeep impact that a deathh in the familly can have h upon an n employee aand the needd for time to grieve, makee arrang gements for and attend ffuneral or m memorial servvices. This ppolicy of pro oviding paid d leave for thhis purpose aapplies to reggular (nontempo orary) emplo oyees. mporary) empployees mayy receive up to three (3) ddays Regular (non-tem ment (funeral)) leave uponn the death of a member of of paiid bereavem the em mployee’s im mmediate fam mily. “Immeediate familyy” includes tthe emplo oyee’s fatherr, mother, w wife, husbandd, son, daughhter, brotherr, sister, grandfather, grandmothher, great grrandfather, ggreat grand dmother, mother-in-law, father-in-law w, son-in-law w, daughter--inlaw, brother-in-la b aw, sister-in--law, grandfa father-in-law w, grandmothherin-law w, great gran ndfather-in-l aw, great grrandmother-iin-law, granddson, grand ddaughter, haalf-sister, haalf-brother, sstepmother, sstepfather, stepso on, stepdaug ghter, stepsisster, or stepbbrother. The paid p time-offf will be prorrated for reggular (non-teemporary) paarttime employees. e If I an employyee requests additional tiime off, the superrvisor may ap pprove it as personal leaave or an autthorized leavve witho out pay. Tem mporary empployees mayy request andd be approveed for autho orized leave without w pay for this purppose. If an employee is incapacitateed due to berreavement aand unable too m request ssick leave inn conjunctionn with the work,, he or she may bereaavement leav ve. The Couunty may reqquire a doctoor’s certificattion. mployee sho ould submit nnotification oof the desiree to take thiss An em leave to his/her su upervisor priior to takingg the leave. T The employee’s superrvisor should d confirm thaat the time iss recorded acccurately onn the timessheets. The supervisor s m may require vverification of the need ffor the leeave. This leave l is non--cumulative and an empployee will nnot be paid foor this leeave upon teermination.
7.13
Community C y Services S Leave— L Purpose P and d Applicabilit A ty
Established d: May 1977 Last Revised: December 9, 2013
The purpose p of th he Communiity Services Leave progrram is to encou urage employ yees to becoome more invvolved in suupporting stuudent educaation and com mmunity serrvice in New w Hanover C County or in tthe emplo oyee’s current county off residence bby providingg a few hourss of paid leave l to them m so they maay, on occassion, particippate in these Article 7 – Leave Policcies
Paage 16
New w Hanoveer County y Personn nel Policies & Pro oceduress activiities during normal n workking hours. Only employyees budgeted in regulaar full-time or o part-time positions ass of January 1 of each yeear are elligible to parrticipate in thhis program.. 7.13.1 Community C y Services S Leave—Pol L licy
Eligib ble full-time employees may be paidd for up to eiight (8) hourrs of Comm munity Services Leave bbetween Januuary 1 and D December 311 of each calendar c yeaar. Employeees budgeted on a part-tim me basis willl have their leave prorated p baseed on the nuumber of houurs for whichh the n budgeted. L Leave must bbe used for pparticipationn in positiion has been schoo ol activities with w their chhildren or in volunteeringg their servicces to theeir community during noormal workinng hours.
7.13.2 Community C y Services S Leave— L Procedures P
All leeave requestss must be appproved by thhe supervisoor prior to thhe emplo oyee taking such leave. Examples oof acceptablee services unnder this policy p would d include, but ut not be limiited to: attennding teacherrparen nt conferencees; attendingg school asseemblies; atteending schoool speciaal events; paarticipating iin an establisshed program m as either a tutor or mentor; volunteering v for special pprojects in a United Wayy ncy or other community c bbased prograam; and partticipating in Agen other activities th hat serve, proomote and ennhance the ccommunity. umber of houurs of leave an employeee is paid eacch In traacking the nu calendar year, thee system wil l use the datte of the pay check contaaining paid community s ervices leave as the datee of use. For exam mple, if an em mployee perfforms two hoours commuunity service during the last weeek of the caalendar year and is paid tthat leave inn a paych heck in January of the neew calendar year, the leaave will counnt again nst the numbeer of hours aallowed in thhe new calenndar year. No leeave balance will be carrried over to ssubsequent yyears. Comm munity Services Leave i s noncumulaative and an employee w will not bee paid for an ny outstandinng balance oof this leave upon termin nation.
7.14
Family F & Medical M Leave— L Purpose P and d Applicabilit A ty
The purpose p of th his policy is to ensure fam mily and meedical leave is provided in comp pliance with the Family aand Medicall Leave Act LA), which entitles e eligibble employeees up to 12 w weeks of unnpaid (FML leave in a 12-mon nth period foor certain fam mily and heaalth conditioon reasons, with preeexisting heallth insurancee coverage bbeing maintaained during the leave and a reinstateement to the same or an equivalent positiion when thee leave is conncluded. This policy p appliees to “eligiblle employeees” as defined by the FM MLA: An em mployee who o has been eemployed wiith the Counnty for at leasst 12 month hs (not necessarily conseecutive) andd who has woorked a
Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress minim mum of 1,25 50 hours duriing the 12-m month periodd immediatelly preceeding the starrt of the leavve. 7.14.1 Family F & Medical M Leave (FMLA) ( — Qualifying Q Reasons R forr Use U
ntitled to takke FMLA leaave for the foollowing reaasons: Emplloyees are en a. To care for th he employee’’s child afterr birth or plaacement for ad doption or fo oster care, w within 12 monnths of the bbirth or pllacement; b. To care for th he employee’’s spouse, chhild or parennt who has a h condition; seerious health c. To take mediccal leave whhen the emplloyee is unabble to work beecause of a serious s healtth condition;; d. Due D to “any qualifying q exxigency” arissing out of thhe fact that tthe em mployee’s sp pouse, parennt or child is on active m military duty or haas been notiffied of an im mpending calll to active dduty status inn su upport of a contingency c operation. e. To care for th he employee’’s spouse, paarent or childd who is a co overed service member aand is recoveering from a serious illnness orr injury sustaained in the line of duty (Up to 26 w weeks in a sinngle 12 2-month perriod is alloweed for this reeason).
7.14.2 FMLA— F Entitlement E t and a Options
Undeer the FMLA A, eligible em mployees aree entitled to uup to 12 workw weeks of unp paid leave. T This policy ggives eligiblle employeess the option n of using paaid personall or sick leavve, as approppriate, as welll as unpaiid leave, agaainst the FML LA leave enntitlement. A Any use of leave as FM MLA-designaated leave, ppaid or unpaiid, within thhe applicablee 12month h period shaall be deducteed from the employee’s FMLA leavve entitleement. The method m usedd in determinning the 12-m month period in which h the employ yee is entitleed to this leavve is the “roolling year” measu ured backwaard from the date an empployee uses any FMLA leave. Under this method, eacch time an em mployee takkes FMLA leeave, the reemaining leaave entitlemeent would bee any balance of the 12 weeks that has no ot been used during the iimmediatelyy preceding 112 month hs. l taken on o an FMLA A basis mustt be for the eemployee’s oown Sick leave disability due to a serious heaalth conditioon or to care for the emplo oyee’s spousse, child or pparent who hhas a seriouss health condiition. Person nal leave or unpaid leavee may be useed for any off the “quallifying reasons” listed abbove. Any Workers’ W Co ompensationn-related leavve designateed as FMLA leave within the applicable a 122-month perriod shall be deducted froom the FM MLA leave entitlement.
Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress
A hussband and wife w who are both Countyy employeess and eligiblee for FMLA A leave are limited l to a combined tootal of 12 woorkweeks off FMLA A leave duriing the appliicable 12-moonth period ffor the birth or placement of a ch hild for adopption or fosteer care, the ccare of the chhild after birth b or placcement, or foor the care off a parent wiith a serious health h condition. Any period of disabilityy before or after the birthh of a child would not be b subject to the combineed limit. FMLA A leave doess not have too be taken ass a continuouus 12-week leave. An employ yee may requuest intermitttent time offf or a reduceed work schedule in cases of a seerious healthh condition oof the emplooyee or im mmediate fam mily memberr, when mediically necesssary. Leave for the biirth, adoption n or foster ccare of a chilld does not qqualify for ann interm mittent or red duced scheddule leave unnless the supervisor and emplo oyee agree otherwise. o Interm mittent leavee is taken in separate bloocks of time because of a singlee illness or in njury and m may include leeave for periiods from ann hour or o more to several weekks. Exampless of intermitttent leave includ de leave takeen on an occcasional basiis for medicaal appointmeents or leaave taken sev veral days att a time spread over a peeriod of monnths, such as for chemo otherapy. A reduced worrk schedule leave is a leave sched dule that redu uces an empployee’s usuaal number off hours per w work week or work day y, generally from full-tim me to part-tim me. ose situations where inteermittent leavve or a reducced work In tho sched dule leave is approved, thhe hours misssed from thhe employee’’s usual workweek will w be chargged against tthe FMLA 112-week p rata basi s. Intermitteent leave exaample: If an entitleement on a pro emplo oyee who no ormally workks five days a week takees off one daay, the em mployee wou uld have useed 1/5 of a w week of FML LA leave. Reduced work schedule leavee examples: An employeee who workks half-d days on a red duced scheduule will havee used 1/2 of a FMLA leeave week; an employeee who norm mally works 30 hours/weeek, but worrks a reducced schedule of 20 hourss/week will hhave used 1//3 of a FMLA A week. n with the H Human Resouurces Directoor or designeee, a After consultation deparrtment head may temporrarily reassiggn an employyee on an interm mittent or red duced work schedule leaave to an alteernative position which h better acco ommodates tthe recurringg periods of lleave. The County C may discipline orr dismiss ann employee oon an intermiittent or red duced work schedule s leaave for poor performancee or for exceessive absen nteeism unrelated to the bbasis for thee FMLA leavve. Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress
A red duced work schedule s whhich does nott make use oof any paid leeave to maake up the diifference bettween the reggular scheduule and the tempo orary reduceed work scheedule may reesult in a proo rata reducttion in thee employee’ss paid leave accrual and benefits. Exem mpt employeees who use uunpaid FML LA leave on aan intermitteent or reducced work sch hedule basis will have thheir salary reduced accorrding to thee hours of leaave without pay used, w without comppromising theeir exem mpt status und der the Fair L Labor Standdards Act. 7.14.3 FMLA— F Continuatio C on of o Benefits
r coveraage under the County’s ggroup healthh and Emplloyees may retain dentaal insurance plans p for thee duration off FMLA leavve. The Counnty will continue c to pay p the emplloyer portionn of these inssurance premiiums. Emplo oyees using ppaid FMLA leave will ccontinue to hhave their portion p of th he insurance premiums ppayroll-deduucted. Emplooyees using g unpaid FML LA leave aree responsible for payment of the emplo oyee portion n of the insurrance premiuums under thhe same condiitions which apply to em mployees in oother types oof leave withhout pay. bility insuran nce premium ms under the County’s grroup long-terrm Disab disability plan shaall be maintaained by thee County for employees oon unpaiid FMLA leaave under thhe same condditions as exiist for emplooyees on oth her unpaid leeave. Contiinuation of retirement coontributions is not mandaated by the FMLA A. All termss and conditiions relevantt to participaation in the retirement system m shall be in accordance with the rules establisheed by N C. Local Governmenta G al Employeees’ Retiremennt System orr the the N. N. C. Law Enforccement Officcers’ Retirem ment Fund. e finnanced electiive insurance benefits shhall Contiinuation of employee be pu ursuant to agrreements beetween the em mployee andd the respecttive beneffit provider. Perso onal and sick k leave accruuals and retirrement service credit willl contin nue during any a period off paid leave.. However, nno leave or retirement servicee credit will accrue durinng any periood of leave witho out pay.
7.14.4 FMLA—Jo F ob Protection P
Established d: May 1977 Last Revised: December 9, 2013
Emplloyees return ning to workk at the concllusion of FM MLA leave w will be resstored to their former poosition, or onne with simillar pay, beneefits and teerms and con nditions of eemployment they enjoyeed prior to thhe FMLA A leave. Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress If there are reducttions in forcce while the eemployee is on FMLA lleave, and th he employeee would havee lost his/herr position if not on leavee, excep pt as provideed under the reduction inn force policyy on reinsttatement, theere is no obliigation to reestore the em mployee to hiis/her formeer or equivallent positionn. 7.14.5 FMLA— F Employee E Responsibil R lity
Regarrdless of thee reason for tthe FMLA leeave or whetther leave is paid or unp paid, the em mployee is ressponsible foor properly reequesting annd using g FMLA leav ve as followss: a. In nform superv visor as soonn as practicaable of intentt to use FML LA leeave. b. Discuss D planss with supervvisor to assuure department operationns are no ot unduly dissrupted, if possible. c. Prrovide inform mation abouut the reasonns for paid leave (includinng peersonal leavee) which is ssufficient forr a determination of wheether th he paid leavee would quallify as a deduuction againnst the 12-weeek en ntitlement un nder the FM MLA. d. Su ubmit a com mpleted New Hanover Coounty Leavee Request forrm to su upervisor as soon as praccticable befoore taking thhe leave, co onsidering th he facts of thhe case. e. Prrovide the ap ppropriate m medical certiffication (or llegal ceertification of o adoption oor foster chilld placementt) as soon ass prracticable beefore taking the leave, coonsidering thhe facts of thhe caase, but no lo onger than 115 days afterr receipt of F FMLA leave in nformation packet. p f. Continue C to tiimely pay prremiums on health and ddental insuraance an nd optional benefits b proggrams, if conntinued coveerage duringg the leeave is desireed. g. Prrovide periodic reports tto supervisorr, as instructted, regardinng in ntent to returrn to work. h. Prrovide reaso onable noticee of a need too extend FM MLA leave beeyond the pllanned concllusion of succh leave. i. Prrovide a fitn ness for duty certificationn prior to retturn to work, in ncluding limiitations, if anny, as requirred. Leavee Request Notice: It is exxpected thatt requests forr leave are m made well in i advance of o the leave; however, it is understoood there will be some cases in wh hich the requuest cannot bbe made in addvance. Whetther proper notice n has beeen given wiill be decidedd on a case-bbycase basis, b follow wing notice rrequirementss prescribed in the FMLA A. If the em mployee faills to give prooper notice aand has no reeasonable excusse, the Countty may delayy the leave. IIf the emplooyee fails to provide notice thaat the leave w was for FML LA reasons aand to present mediccal certificattion to that eeffect within the prescribbed time periiod, the em mployee may y not be entiitled to the pprotections oof the FMLA A and
Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress may be b subject to o disciplinaryy actions. 7.14.6 FMLA— F County C Responsibil R lity
It is th he County’s responsibiliity to designnate leave as FMLA leavve. This obligation o su upersedes ann employee’ss desire not to use his orr her FMLA A entitlemen nt. The key tto designatinng FMLA leave is the qualiffying reason n(s), not the eemployee’s decision or rreluctance too use FMLA A leave. Thee designationn must be baased on inforrmation obtaained from the employeee or an empployee’s reprresentative. F FMLA leavee ween the em mployee’s designation is a reesponsibilityy shared betw deparrtment and th he Human R Resources Deepartment, aas follows: The supervisor/de s epartment diirector has reesponsibilityy for the follow wing: a. Receive R noticce of employyee’s intent tto use FMLA A leave, or; b. Absent A noticee of intent, w when an empployee is on ppaid leave, aafter a period of ten n workdays,, require the employee too provide su ufficient info ormation to eestablish whhether the leaave is for a c. FM MLA-qualiffying reason (unless the absence is kknown to be for a no on-FMLA qu ualifying reaason, e.g., vaacation). d. Consult C immeediately withh the Humann Resources Department ab bout the application of thhe FMLA too the circumsstances prresented. e. Upon U receipt of employeee’s notice, giive the emplloyee the ap ppropriate leeave request forms and nnotice docum ments, with in nstruction to timely returrn completedd forms. f. Clearly C comm municate to th the employeee what the ddepartment’s ex xpectations for f the empl oyee’s contiinuing contaact or notice reegarding retu urn to work. g. Keep K the Hum man Resourcces Departm ment informedd of any deevelopmentss. h. Design D interm mittent or redduced work sschedules iff requested byy the em mployee and d if feasible. i. Work W with thee employee upon reinstaatement to faacilitate a sm mooth transition back into the w work environm ment. The Human H Reso ources Deparrtment has reesponsibilityy for the follow wing: a. Receive R noticce of intent oor leave requuest, medicall certificationn and su upporting do ocumentationn. b. Absent A noticee of intent, reeview time aand attendannce reports too id dentify poten ntial FMLA situations annd make conntact with deepartment reepresentativee for follow--up. c. Designate D leaave as FMLA A leave oncee it is confirm med that the leeave is being g taken for quualifying FM MLA reason and give wrritten no otice of designation to em mployee in aaccordance w with the FM MLA
Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress deeadlines for such notice.. d. Notify, N or enssure supervissor/departmeent director nnotifies, em mployee of specific s righhts, includingg those relatiing to the co ontinuation of o benefits aand reinstatem ment, as welll as employyee ob bligations an nd the conse quences of a failure to m meet these ob bligations. e. Advise A superv visor/departm ment directoor on the appplication of tthe FM MLA regulaations to the employee’s situation. f. Maintain M reco ords of FML LA usage andd remaining entitlement. g. Assist A superviisor/departm ment directorr on arrangem ments for in ntermittent or reduced scchedule, wheen required. h. Maintain M in various locatiions throughhout the Couunty organizaation po osting aboutt the FMLA. i. Maintain M all records r relateed to the em mployee’s leaave under FM MLA (k keeping all medical m docuumentation sseparate from m the employyee’s peersonnel filee). j. Notify, N or enssure insurancce bill sent bby Finance nnotifies, the em mployee faciing cancellaation of insurrance coveraage in writinng at leeast fifteen (15) days beffore coveragge is to ceasee.
7.14.7 FMLA— F Provisional P Designation D n
FMLAWherre leave musst begin priorr to confirmaation of an F qualiffying event, the leave wiill be provisiionally desiggnated and sso comm municated to the employyee in writingg. Upon receipt of the requeested informaation or meddical certification which confirms thhat the leeave either iss or is not forr an FMLA reason, the pprovisional designation will either e be witthdrawn or m made final byy providing writteen notice to the t employeee.
7.14.8 FMLA— F Retroactive R e Leave L Designation D n
FMLA A leave can be designateed retroactivvely in only ttwo (2) instan nces: if the employee e waas absent forr an FMLA rreason and thhe superrvisor did no ot learn of it uuntil after thhe employee’s return to work,, provided th he employeee so notifies tthe supervisor within tw wo (2) workiing days of the t return to work, or if tthe supervissor has been provided informaation concernning the reasson for the leeave, but hass been unable to co onfirm FMLA A entitlemennt, provided a provisionaal MLA qualificcation has been communnicated to thhe designation of FM oyee. emplo
7.14.9 FMLA— F Required R Medical M n Certificatio C
For leeave related to serious heealth conditiions or childd birth, the emplo oyee is requiired to proviide medical certificationn(s) from thee emplo oyee’s or fam mily membeer’s qualifiedd health caree provider. alified health h care providder” may bee any licenseed physician,, “Qua dentisst, podiatristt, clinical psy sychologist oor optometrisst authorizedd to
Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress practtice in North Carolina. In some casees, other health care providers may bee recognized for the purppose of awarrding leave uunder the FMLA. FM 7.14. 10
FMLA— F Second S and d Third T Mediical Opinions O
The County C may require a seccond medicaal opinion att the County’s expen nse. In the caase of confliicting opinioons, the opiniion of a thirdd health h care provid der, agreed uupon by bothh employee aand the Hum man Resou urces Director or his dessignee and paid by the C County, shall be final.
7.14. 11
FMLA— F Fitness F for Duty/Retur D rn to Work W Certificatio C n
ome job classsifications, the County m may requiree the employee For so obtain n a fitness-fo or-duty certiification from m the health care provider, at the em mployee’s ex xpense. If ann employee ffails to provide a requested such certification c n, reinstatemeent will be ddelayed untill the employyee comp plies. If the certification c iis not submiitted within ffifteen (15) calendar days of the t request w where practicable, reinsttatement mayy be denieed. The Coun nty reserves the right to hhave the em mployee exam mined by an nother health h care providder, at the Coounty’s expeense.
7.14. 12
FMLA— F n of Certificatio C Treatment T Scheduling S
The employee e mu ust make reaasonable effoorts to scheddule any meddical treatm ments so as not n to undulyy disrupt thee operations of the emplo oyee’s deparrtment or woork unit. Durring the courrse of the treatm ment and as the t Human R Resources D Director or deesignee deem ms appro opriate, the employee e maay be requireed to providee certificatioon from the appropriiate health caare providerr of the unavvailability off treatm ment during non-work tim me, or at tim mes that are lless disruptivve to the op perations of the employeee’s unit.
7.14. 13
FMLA— F Family F Relationshi R p Certificatio C n
The County C may require an eemployee to certify the fa family relatio onship if thee need for leaave is pursuant to the addoption, fosteer care placement, p or o birth of a cchild or to caare for the em mployee’s paren nt.
7.14. 14
FMLA— F Abuse A
The Human H Reso ources Directtor or designnee shall revview, investiggate and reesolve suspeected cases oof bad faith, fraud or abuuse of the FM MLA leave program. Abuses A of thee FMLA leavve program m may result inn, but are no ot limited to, revocation of the leavee, refusal to rrestore the emplo oyee to his/h her job; reco very of Couunty costs forr paid leave and insuraance benefits, and discipplinary actionn up to and iincluding dismiissal. ment while onn FMLA leaave will be trreated the saame Outsiide employm as wh hen an emplo oyee is discoovered to havve outside em mployment
Established d: May 1977 Last Revised: December 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress whilee on any otheer paid or unnpaid leave. 7.14. 15
FMLA— F Extension E of o Leave L
Emplloyees may extend e the daate of returnn from FMLA A leave to thhe exten nt they have FMLA F leavee entitlemennt available. A request foor an exten nsion must bee accompaniied by new aappropriate m medical or leegal certiffication.
7.14. 16
FMLA— F Failure F to Return R to Work W
An em mployee who o will not bee returning too work at the conclusionn of FMLA A leave musst notify the supervisor in writing as soon as practiicable. In thee absence off written notiification, faiilure to returrn from leave shall be b interpreteed as a resignnation. If app plicable, any y benefit entiitlements bassed upon lenngth of serviice shall be calculated as of the eemployee’s llast paid dayy. County coosts of any y payments made m to maiintain the em mployee’s heealth, dental or long-term disabiliity benefit c overage wheen on unpaidd FMLA leavve shall be recovered d if an emplooyee fails too return to woork at the ennd of his/heer approved FMLA leav e, or at the eend of approved medicall leave without pay y under the C County’s leaave without ppay policy, which hever is laterr, unless the reason the eemployee dooes not returnn is due to o the seriouss health conddition of the employee oor a family memb ber or other circumstancces beyond thhe employeee’s control. T The Humaan Resources Director orr designee m may request ccertificationn of the reeasons for th he employee’’s failure to rreturn to woork.
7.15
Smallpox S Vaccination V n Leave L
f pro ovisions appply to employyees who suuffer adversee The following mediccal reactionss due to haviing had a woork-related sm mallpox vaccination or having been exxposed to ann employee w who has hadd a work--related smaallpox vaccinnation, as coovered by thee Workers’ Comp pensation Acct. The Couunty treats thhese employeee injuries ass any other workplace injury i covereed by the Noorth Carolinaa Workers’ pensation Acct with the fo following twoo exceptionss: Comp a. If the emp ployee’s abseence is less tthan seven (7) workdayss duration (the Worker’’s Compensaation Act waaiting periodd), the County will w pay the em mployee forr the absencee without deducting g from the em mployee’s peersonal or sick leave accounts. b.. For any peeriod of Workers’ Comppensation leaave, the Couunty will pay a differential to make up the differennce between the Workers’ Compensatiion paymentt and the empployee’s reggular pay. After the first tweenty-four (244) hours of aabsence, the County mayy requirre the emplo oyee to subm mit certificatiion from a hhealth care provider justifyin ng the need ffor additionaal leave.
Established d: May 1977 Last Revised: December 9, 2013
Article 7 – Leave Policcies
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New w Hanoveer County y Personn nel Policies & Pro oceduress
Workeers’ Compensattion Act, G. S. § 97-53 (29): “Infection withh smallpox, inffection with va accinia, or anyy adverse mediical reaction w when the infectiion or adverse reactio on is due to thee employee recceiving in emplloyment vaccinnation against smallp pox incident to the Administraation of Smallppox Countermeeasures by Heaalth Professsionals, section 304 of the H Homeland Securrity Act (to be codified at 42 U. S. C. § 23 33), or when th he infection or adverse mediccal reaction is due to the empployee being exposed e to ano other employeee vaccinated ass described in tthis subdivisionn.”
7.16
The County C proviides an on-siite wellness clinic to eliggible regularr On-site O oyees. To en ncourage us e of the facility (which ppositively Wellness W Cllinic emplo impaccts both emp ployee healthh and medicaal insurance costs), Leave L emplo oyees are pro ovided with a special leaave for visitss to the cliniic.
7.17
Blood B Donation D Leave L
The County C recog gnizes the neeed for an addequate bloood supply, annd to encou urage participation in thee County bloood drives foor the Ameriican Red Cross, C the Co ounty providdes paid leavve for successsful blood donattion. For eaach successfu ful donation, an employeee is creditedd with four f (4) hourrs of paid leaave. Emplooyees may noot accrue moore than 16 1 hours in a year. Therre is no maxiimum accum mulation, butt this leave will not be paid p out at sseparation.
7.18
Other O Leav ve
As deeemed appro opriate by thee County Maanager, he oor she may appro ove the use of o special adm ministrative leave in reccognition of speciaal achievemeents or for oother uses.
7.19
County C Manager’s M Authority A to o Implement I Leave L Policcy Changes C
For reeasons of cu urtailment off work or lacck of funds, tthe County Manaager, in consultation withh the Board of County C Commissioneers, may institute i poliicy or rule chhanges to anny paid leavee policies, includ ding but not limited to, tthe provisionn, accrual orr use of persoonal leave, community y services leaave, civil leaave, bereaveement leave, or admin nistrative leaave or paid hholidays. Succh changes m may be for aas long as a the Countty Manager ddeems necesssary.
Established d: May 1977 Last Revised: December 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress ARTICL LE 8 PERF FORMANC E, DISCIPL LINE 8.0
Performanc P ce Managemen M nt Purpose P and d Applicabilit A ty
he County po olicy is to aw ward pay incrreases basedd on job As th perforrmance, the Performancce Management Process (PMP) was impleemented to provide p the s tructure for comprehenssive, defensibble, and consistently-aapplied perfo formance evaaluation of aall regular (nnontempo orary) emplo oyees. Anotther value off the PMP is that, in som me cases of performaance deficienncies, it mayy provide oppportunities ffor pre-disciplinary job performaance coachinng and correcctive action through which dissciplinary acction may bee avoided. The Sheriff, Regisster of Deedss, Board of C County Com mmissioners, Board of Electiions, Departtment of Soccial Servicess, and Healthh Departmennt may or o may not elect e to use thhe PMP andd its tools in pperformancee manaagement and evaluation.
8.1
Performanc P ce Managemen M nt Policy P
The County C admiinisters a perrformance m management process (PM MP) encom mpassing a full f cycle of work planniing, perform mance monitooring and feedback fe thro oughout the jjob perform mance review w period, andd perforrmance evalluation. Everry regular em mployee must receive a minim mum of one performancee evaluationn in each fisccal year, regard dless of wheether or not m merit fundinng is availablle. Althoughh not requirred for temp porary emplooyees, departtment heads may use thee PMP or some sorrt of perform mance evaluaation methodd to evaluate the perforrmance of teemporary em mployees forr determinatiion of continnued emplo oyment.
8.1.1
Performanc P ce Managemen M nt Procedures P
n the processs is done in aaccordance w with the PM MP principless and When guideelines, emplo oyees and theeir supervisoors work toggether to establlish perform mance expecttations and hhow perform mance will bee measu ured at the beginning b off the perform mance review w period and perforrmance feed dback is giveen throughouut the review w period so thhat there are no surprrises at the tiime of the peerformance evaluation. The PMP P manuall provides thhe procedurees, guideliness and tools ffor emplo oyees’ and supervisors’ s use in all phhases in the pprocess. Thee PMP manual may y be found oon the Humann Resourcess Department intran net site. A sup pervisor may y use the coaaching methoods providedd in the PMP P as an infformal, early y-on alternattive to discipplinary action in some caases of job b performancce deficienciies. These ccoaching sessions shouldd establlish the correective actionns needed to meet expecctations and tthe time frame f for im mprovement, as well as thhe consequeences for faillure to meeet the expecctations, andd they shouldd be documented and mainttained in thee supervisor’s file for thee employee.
Established d: May 1977 Last Revised: Decemberr 9, 2013
Article A 8 – Perfformance and Discipline
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New w Hanoveer County y Personn nel Policies & Pro oceduress 8.2
Disciplinary D y Actions— A Purpose P and d Applicabilit A ty
An em mployee who o does not reespond to innformal coaching efforts by the su upervisor reg garding perfo formance or cconduct defi ficiencies, or who is citeed for a serio ous infractioon, may be suubject to moore stringent action ns by the sup pervisor. Thee action(s) taaken can be to give a discip plinary warn ning or to susspend, reducce pay, demoote or dismisss the emplo oyee if the nature n and seeriousness off the failure in work perforrmance or personal condduct warrantt such actionn. The Countty attem mpts to provid de a uniform m administrattion of discipplinary actioons and guidelines. g However, H thee following pprocedures aare designed so as not to o restrict opeerating persoonnel and, inn no way, guarantee an emplo oyee a right to continuedd employmeent. This poliicy applies too all Coun nty employeees, with the eexception off elected offiicials and off emplo oyees of the Departmentt of Social S Services and Health Deparrtments who o must follow w the State ppersonnel poolicies. Reguular (non--temporary) employees w who have sattisfactorily ccompleted thheir introd ductory perio od have certtain due proccess rights, aas described in this policy. p
8.2.1
Disciplinary D y Actions— A Policy P
Norm mally, the mo ore stringent disciplinaryy actions of ssuspension, salary y reduction, demotion, oor dismissal w will be preceeded by a warniing. Howev ver, employe es may be suuspended, haave their salary reducced, or be demoted or dissmissed withhout prior warning or othher discip plinary action having beeen given to tthe employeee, if the natuure and seriousness of o the failuree in work perrformance orr personal condu uct warrant it. i Disciplinaary actions m must be docuumented usinng a Discip plinary Action Memo orr a memoranndum, and m must be preseented to thee affected em mployee. Whhether or nott the employyee signs thee docum ment, the sup pervisor shoould give thee employee a copy and addvise the em mployee of any a applicabble appeal rigghts.
8.2.2
Failure F in Performanc P ce of o Duties
f cau uses relatingg to failure inn the perform mance of dutties The following are reepresentativee of, but not limited to, thhose consideered to be adequ uate groundss for disciplinnary action, up to and inncluding dismiissal: a. In nefficiency, negligence n oor incompeteence in the pperformance of du uties; b. Careless, C neglligent or impproper use oof County prooperty or eq quipment; c. Discourteous D treatment off the public oor other empployees; d. Absence A with hout approveed leave; e. Habitual H imprroper use of leave privileeges; f. Habitual H patteern of failuree to report foor duty at asssigned time and pllace; g. Guilty G of grosss misconduuct or conducct unbecominng to a publiic offficer or emp ployee;
Established d: May 1977 Last Revised: Decemberr 9, 2013
Article A 8 – Perfformance and Discipline
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New w Hanoveer County y Personn nel Policies & Pro oceduress h. Paarticipation in i any actionn that wouldd in any wayy seriously diisrupt or distturb the norm mal operatioon of the agency, institution, deepartment orr any segmennt of local government; i. Trrespassing on o the home of any publiic official orr employee ffor th he purpose of harassing oor forcing diialogue or diiscussion froom th he occupantss; j. Willful W damag ge or destrucction of propperty; k. Willful W acts th hat would enndanger the llives and prooperty of othhers; l. Po ossession off unauthorizeed firearms oor lethal weaapons on thee job; m. Brutality in th he performannce of dutiess; n. Refusal R to acccept a reasonnable and prroper assignm ment authoriized by y a superviso or (insuborddination); o. Acceptance A of gifts in excchange for fa favors or inflluence; p. Releasing R of confidential c informationn to unauthorrized personns; q. En ngaging in incompatiblee employmennt or servingg a conflictinng in nterest; r. Taking part in n a political activity thatt is restrictedd by Article 6 of th his personnell manual; s. In nappropriate usage of social media reesources; t. Faailure to report a motor vvehicle violaation chargee or convictioon or a criminal (misdemeanor//felony) charrge or conviction by the first working w day following f thhe charge or conviction. 8.2.3
Failure F in Personal P Conduct C
An em mployee may y be discipliined for causses relating tto personal condu uct detrimen ntal to Countty service. Thhe followingg causes relaated to faillure in perso onal conductt are represenntative of buut not limitedd to those considered to be adequaate grounds for disciplinnary action, uup to and in ncluding dismissal: a. Frraud in securing appointtment; b. Conviction C off a felony or of a misdem meanor whicch would ad dversely affeect performaance of dutiees or the entrry of a plea oof "n no contest" to t either; c. Misuse M of County funds; d. Faalsification of o County reecords for peersonal profiit or to grantt sp pecial privileeges; e. Reporting R to work w under tthe influencee of alcohol or narcotic drrugs or partaaking of suchh things whiile on duty oor while on ppublic prroperty, exceept that pres cribed mediication may bbe taken witthin th he limits set by b a physiciian so long aas medically necessary.
8.2.4
Disciplinary D y Warning W
Discip plinary warn nings shall bbe documentted and shalll set forth thee pointss for which the t employeee has receivved the warniing; the correcctive action that must takke place; thee dates of anny previous perforrmance discussions withh the employyee; and anyy other pertinnent inform mation. A copy of the w warning mustt be forwardded to the Huuman
Established d: May 1977 Last Revised: Decemberr 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress Resou urces Departtment by thee departmentt head to be filed in the emplo oyee’s perso onnel folder. A warning may result ffrom any kinnd or class of conduct related r or unnrelated, connstituting faillure in uties or in p ersonal condduct at any time during perforrmance of du emplo oyment, and d are not limiited to thosee listed in thiis Article. Cumu ulative Discip iplinary Warrnings mployee who o receives thhree (3) disciplinary warrnings for faiilure An em in perrformance off duties and//or failure inn personal coonduct, durinng any consecutive three t (3) yeaar period shaall receive byy the departm ment head a disciplinarry action of oone or a com mbination off the followinng: suspeension, a salaary reductionn, demotion,, or dismissaal by the deparrtment head. The three (33) warnings may result ffrom causes relateed or unrelateed, constitutting work annd/or conducct that is unsatisfactory. 8.2.5
Disciplinary D y Suspension S
A susspension without pay forr a pre-determ mined period of time maay be used as the appropriate discipplinary meassure to correcct work perforrmance or personal condduct deficienncies. A discciplinary suspeension is doccumented as a disciplinarry warning w with the addded discip plinary action of suspenssion withoutt pay.
8.2.6
Disciplinary D y Salary S Reduction R
A salary reduction without deemotion or rreclassificatioon to a loweer positiion classificaation may bee used as thee appropriatee disciplinaryy measu ure to correcct work perfo formance or ppersonal connduct deficiiencies. The amount of rreduction shoould be conttingent on thhe severity of the off ffense or defiiciency and iis determineed by the deparrtment head in consultatiion with the Human Ressources Director. This disciplinary d action is doccumented ass a disciplinaary warning with the ad dded discipliinary action of a salary rreduction.
8.2.7
Disciplinary D y Demotion D
A dem motion to a lower l positioon classificaation may be used as the appro opriate discip plinary meassure to correect work perfformance or perso onal conduct deficienciess. Employeees demoted ffor disciplinaary or perrformance-b based reasonss should exppect to have their salary reducced, the amou unt of reducction continggent on the seeverity of thhe offense or deficieency and to bbe determineed by the deppartment heaad in consu ultation with h the Human Resources D Director. A pproposed demo otion which necessitates n the reclassiffication of a position muust be appro oved by the Human H Resoources Direcctor and Couunty Manageer. The demotion d willl be documeented as a w warning with the added discip plinary action of demotioon.
Established d: May 1977 Last Revised: Decemberr 9, 2013
Article A 8 – Perfformance and Discipline
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New w Hanoveer County y Personn nel Policies & Pro oceduress 8.2.8
Dismissal D
Failu ure in Perforrmance of Duuties An em mployee who o continuoussly fails to aachieve the pperformance levelss established d and commuunicated by tthe respectivve supervisoor(s) faces the possibility of dismisssal as the apppropriate diisciplinary action n. Dismissal for perform mance deficieencies will nnormally be preceeded by priorr warning, buut, in the casse of a seriouus infractionn, may result r from one o incident.. Failu ure in Person nal Conduct Dism missal of an employee chaarged with ffailure in perrsonal conduuct may be b preceded by prior war arning, but, inn the case off a serious infracction, may reesult from onne incident.
8.2.9
Pre-dismiss P sal Hearing H
The following f acttivities mustt precede dissmissal of anny County emplo oyee who is in a regular (non-tempoorary) positioon and has satisffactorily com mpleted the inntroductory period: 1.. The deparrtment head or designee shall providde the employee with a wriitten notificaation of the ddate, time annd place of a predismissal hearing. Thee notification should incclude that dismissal is being connsidered as a disciplinaryy action and the proposed effective datte. 2.. If not inclluded in the ppre-dismissaal hearing nootification, aat the pre-dismisssal hearing the departm ment head or designee muust issue the employee e aw written noticce of the chaarge(s) againnst the emplo oyee allow thhe employeee to respond to the allegation n(s). At this hearing, thee employee m may present any response to t the chargees or the prooposed discipplinary actioon. The emplo oyee may noot have a reppresentative or attorney present at this hearingg. 3.. The deparrtment head will consideer the employyee’s responnse, if any. Baased on the reesults of the hearing, thee departmentt head, in consultation w with the Hum man Resourcces Directorr, may elect to dismiss tthe employeee as the apprropriate disciplinary measure; impose lesss stringent diisciplinary actions; su uspend the eemployee wiithout pay peending furtheer investigation; suspendd the employyee with payy pending furrther investigation; or take no further acctions againnst the emplooyee. 4.. The deparrtment head will notify tthe employeee in writing of the determ mination withhin three (3)) business daays but not leess
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New w Hanoveer County y Personn nel Policies & Pro oceduress than one (1) ( business day followinng the pre-ddismissal heaaring. The determ mination muust be signedd by the empployee or sennt to the emplo oyee’s home address by ccertified, retturn receipt m mail. The noticee shall contaain a statemeent of the reaason(s) for thhe determinaation and thee employee’ss appeal righhts. 5.. If the depaartment headd elects adm ministrative suspension pending further fu investtigation, purrsuant to the results of fuurther investigation and in coonsultation w with the Hum man Resourcces Director, that t departm ment head maay, within fifteen (15) working days d followinng the pre-ddismissal heaaring: dismisss the employee as the approopriate discipplinary measure; imposee other disciplinary actiions, as deem med approprriate; or reinsstate the emplo oyee and, if nnecessary, aw ward back pay for any pperiod of interim m suspension without payy. 8.2.10 Administra A ative Suspension S
In som me cases it may m be deterrmined that tthe removal from the workp place of an employee e woould be in thhe best intereest of the emplo oyer or the employee. e Poossible reasoons include, but are not limiteed to, to avoiid undue dissruption of w work, to prottect the safetty of perso ons or properrty, or for othher serious rreasons. Alsoo, such a suspeension may be b used to prrovide time tto investigatte, establish facts, and reeach a decisiion concerniing an emplooyee’s statuss or it may bbe appro opriately used to providee time to schhedule and hoold a predismiissal hearing g. Administraative suspennsions may bbe directed w with or witthout pay as described bbelow in Subbsections (a) and (b) of thhis Sectio on, but shalll not be usedd for the purppose of delayying an admin nistrative decision regardding the empployee’s woork status pennding the reesults of a civ vil or criminnal court mattter involvinng the emplooyee. (a) Ad dministrativ ve Suspension without Paay The department d head, h in conssultation with th the Humann Resources Direcctor or design nee, may susspend an em mployee withhout pay for a period d not to exceeed fifteen ( 15) workingg days (unlesss an extensiion is granteed by the Hu uman Resouurces Directoor) during thee internal investigation of th hat employeee on any preesumed violaations of establlished intern nal policies oor procedurees; provided that such violattions may, iff proven, forrm the basis for disciplinnary action. Suspeension witho out pay mustt be precededd by a review w of availabble evideence and a deeterminationn that such evvidence com mprises sufficcient groun nds to suspen nd without ppay, pendingg the results oof further investigation. Suffficient grouunds are definned as: mployee’s ppresence andd • Demonstrrated evidencce that the em actions wiill cause unddue disruptioon of work oor pose a threeat to
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the safety of persons oor property; or The evideence compileed during a ppreliminary iinvestigationn, including that offeredd by the conccerned emplooyee, is substantiaal enough to assume thatt the results oof further internal in nvestigationss will prove the employeee’s guilt.
(b) Administrativ A ve Suspensioon with Pay The department d head, h in conssultation with th the Humann Resources Direcctor or design nee, may susspend an em mployee withh pay for a peeriod not to o exceed fifteeen (15) worrking days (uunless an exxtension is granteed by the Hu uman Resouurces Directoor), during thhe investigattion of thaat employee on any presuumed violatiions of estabblished internnal policiies or proced dures if the ffollowing coonditions exiist: • Available evidence is not substanntial enough tto suspend without paay; • The emplo oyee’s preseence in his/hher usual worrk environm ment causes undue disruptioon of work oor poses a thhreat to persoons or propertty for reasonns not attribuutable to anyy actions by tthat employee; • Efforts haave been madde to place th the employeee in another position for fo the duratiion of the invvestigation. When n an employeee is in admi ministrative suuspension sttatus, he or sshe is expeccted to be av vailable to paarticipate in any ongoingg investigativve activiities and fullly cooperate with the invvestigation. The employyee may be b expected to surrenderr all County property, ass deemed necesssary, during g the period oof suspensioon. Also, the employee shhall not co ontact department emplooyees duringg their workiing hours or disrup pt departmen nt operationss in any wayy. Non-coopperative or disrup ptive actionss may subjecct the employyee to discipplinary actioon.
Established d: May 1977 Last Revised: Decemberr 9, 2013
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New w Hanoveer County y Personn nel Policies & Pro oceduress ARTICL LE 9 – APPE EALS AND D GRIEVAN NCES 9.0
9.1
Employee E Appeal A of Disciplinary D y Actions— A Purpose P and d Applicabilit A ty
p of th his policy is to ensure thaat correctivee and disciplinary The purpose action ns for perforrmance or coonduct deficiiencies are cconsistent wiith the County discip plinary policyy.
Employee E Appeal A of Disciplinary D y Actions— A Policy P
This policy p provides a proceddure wherebyy eligible em mployees, whho are no on-departmeent heads or who do not report directtly to the Coounty Manaager in their day-to-day ooperations, m may be heardd and discip plinary actions may be reeviewed for validity andd consistent appliccation of app plicable Couunty policiess.
p appliees to all reguular (non-tem mporary) em mployees whoo This policy have successfully y completed the introducctory period, with the wing exceptiions: follow • Employeees in the offi ces of the Shheriff and off the Registeer of Deeds, eleected officiaals who by N North Carolinna General Statutes have h full authhority in personnel decissions involviing employees in their resspective departments; • Employeees of the Deppartment of S Social Serviices and the Health Deepartment whho come undder departmeental and Staate appeal/griievance policcies; • Any emplloyees who aare appointed by the Couunty Commissiioners whereeas, in such appointmentts, the Boardd has full authorrity in persoonnel decisioons over them m; or • The Electiions Directoor who is apppointed by thhe Board of Elections which has fu full authorityy over the poosition in personnel decisions.
For purposes p of this t policy, thhe term “bussiness days” ” refers to weekd days on whicch the Countty is open foor regular buusiness. Excep ptions are weekend dayss, County holidays or othher weekdayys County offices arre deemed “cclosed” for rregular business. 9.1.1
Appeal A of Suspension, S , Salary S Reduction, R Demotion D or o Dismissal D
oyee who wiishes to appeeal a suspension, salary An elligible emplo reducction, demotiion or dismisssal may, wiithin five (5)) business daays after the t disciplin nary action aand after notiifying his/heer departmennt head in writing off his/her inteentions, appeeal the actionn in writing to H Resou urces Directoor. If the em mployee is a department the Human head, he/she may y appeal the aaction in wriiting to the C County Manager. The appeal a must contain the rresponse of tthe employeee to the charrges, a resp ponse to the disciplinaryy actions takeen, the remedy desired bby the emplo oyee, and an ny other perttinent inform mation.
Established d: May 1977 Last Revised: December 9, 2013
Article 9 – Ap ppeals and Griievances
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The Human H Reso ources Directtor will assiggn the appeaal to a staff investigator to deetermine the merit of the action. Withhin fifteen (15) busin ness days afteer receipt off the employeee’s notice oof appeal, thee will make a recommenddation to the Human staff investigator i Resou urces Director regardingg the disposittion of the apppeal, and thhe basis for the recom mmendationn and evidennce relied upon. The Hum man Resou urces Director reserves tthe right to ffurther invesstigate any isssues raised d in the appeeal. Neither pparty shall hhave a legal rrepresentativve or other third party present p durinng the investtigation, unlless requesteed and approved a und der circumsttances requirring a reasonnable accom mmodation. The Human H Reso ources Directtor will makke a written rrecommendaation to thee County Maanager withinn five (5) buusiness days after receiptt of the sttaff investigaator’s recom mmendation. The recomm mendation too the Coun nty Manager will includee the specificcs of the chaarges, the investigator’s find dings and thhe basis for thhe recommeendation. Thee will also notify the emplooyee by certiified Humaan Resources Director w mail to t his/her ho ome address of the recom mmendation to the Counnty Manaager within five f (5) businness days aft fter receipt of the staff investigator’s recommendatioon. Unlesss a hearing is requestedd, the Countyy Manager w will render a final decisiion within fiive (5) businness days aftter the deadliine for requeesting a heariing. The deccision will bee sent to the employee’ss homee by certified d mail. 9.1.2
Appeal A Hearing H
will At thee request of the appealinng employeee, the Countyy Manager w condu uct a hearing g in the mattter of suspennsion, salary reduction, demo otion or dism missal. A requuest by the eemployee forr a hearing sshall be maade within fiive (5) businness days aftter receipt byy the employyee of thee recommend dation of thee Human Resources Direector. In thee event a heaaring is held,, the appealiing employee and his deparrtment head will both bee present andd have the rigght to be repressented by leg gal counsel. Either partyy may requesst the presennce of any person(s) p who will providde informatiion that will assist the Coun nty Manager in renderingg a decision. The names of all such perso ons shall be submitted s to the County Manager noo later than ffive (5) bu usiness days prior to the hearing datee. The Counnty Manager will reserv ve the right to t limit the nnumber of peersons to apppear. C Manaager will rennder a decisiion, which inncludes the bbasis The County for th he decision and a evidencee relied uponn, within fivee (5) businesss
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New w Hanoveer County y Personn nel Policies & Pro oceduress days after the heaaring and willl send the ddecision to thhe employee’s homee by certified d mail. The ddecision of thhe County M Manager willl be final. All hearings provided ffor herein shall be conduucted during workiing hours.
9.1.3
Appeal A of a Disciplinary D y Warning W
oyee who wiishes to appeeal a discipliinary warninng An elligible emplo may within w five (5) business days after thhe disciplinaary action, annd after notifying n hiss departmentt head in wrriting of his iintentions, apppeal the acction in writiing to the Huuman Resouurces Directoor. The appeal must be delivered d to the Hum man Resourcees Departmeent no later tthan 5:00 p.m. p on the fifth f day. Thhe appeal to tthe Human R Resources Direcctor must con ntain the respponse of thee employee tto the chargees and th he remedy desired d by thee employee. The Human H Reso ources Directtor will assiggn the appeaal to a staff investigator to deetermine the merit of the action. Withhin fifteen (15) busin ness days afteer receipt off the employeee’s notice oof appeal, thee staff investigator i will make a recommenddation to the Human Resou urces Director regardingg the disposittion of the apppeal, and thhe basis for the recom mmendationn and evidennce relied upon. Neither party shall have a legal repressentative or other third pparty presentt during the investiigation, unleess requestedd and approvved under circum mstances req quiring a reaasonable accommodationn. H Reso ources Directtor reserves the right to further The Human investigate any isssues raised iin the appeaal. The Humaan Resources Direcctor will rend der a decisioon within five (5) business days afterr receip pt of the stafff investigatoor’s recomm mendation. Thhe decision w will be sen nt to the hom me of the apppealing empployee by cerrtified mail. The decisiion of the Hu uman Resouurces Directoor is final.
9.1.4
Failure F to Comply C witth Appeal A Procedures P
If the appealing employee e faiils to complyy with the prrocedures annd time limits l established hereinn, the Humann Resources Director maay dismiiss the appeaal.
9.1.5
Departmen D t Head H and/o or Direct D Repo orts to t the Coun nty Manager M Appeal A of Disciplinary D y Action A
Deparrtment heads, whether oor not they reeport to the C County Mannager in theeir day-to-daay operationss, and any nnon-departmeent head whho directtly reports to o the Countyy Manager coovered by thhis policy maay appeaal a disciplin nary warningg, suspensionn, salary reduuction, demo otion, or dism missal in wriiting to the C County Manaager within ffive (5) bu usiness days after the dissciplinary acction. The apppeal must contaain the respon nse of the deepartment heead to the chharge(s), a respo onse to the diisciplinary aaction(s) takeen, the remeddy desired bby the
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New w Hanoveer County y Personn nel Policies & Pro oceduress deparrtment head and any otheer pertinent information. The County C Manaager will schhedule a heaaring as soonn as is practiicable. At th he hearing, th the departmeent head shalll have the riight to be represented by legal couunsel and maay request thhe presence oof any person(s) p who will providde informatiion that will assist the Coun nty Manager in renderingg a decision. The names of all such perso ons, including g the name oof legal counnsel hired byy the departm ment head, and how theey are relateed shall be suubmitted to tthe County Manaager no later than five (5 ) business ddays prior to the hearing date. The County C Manaager reservees the right too limit the nuumber of witneesses to appeear at the heaaring. The C County Manaager will rendder a writteen decision within w five ( 5) business ddays after thhe hearing, w which shall include the basis b for thee decision annd the evidennce relied uppon. The decision d of th he County M Manager willl be sent to thhe home of tthe deparrtment head by b certified mail. The deecision of thhe County Manaager is final. 9.1.6
Failure F to Comply C witth Appeal A Procedures P
If the appealing party p fails to comply withh the proceddures and tim me limitss established d herein, the County Mannager may ddismiss the appeaal.
9.2
Grievance— G — Purpose P and d Applicabilit A ty
he policy off the County to foster thee kind of worrk environm ment It is th that supports the efforts of alll employees to provide qquality services N Hanovver County. Accepting thhe inevitabillity to thee citizens of New of dissagreements between em mployees andd their supervvisors, the purpo ose of this po olicy is to prrovide internnal procedurees whereby ssuch dispu utes or emplo oyee concernns about treaatment or connditions of w work may be b rapidly, fairly fa and connsistently adddressed. Thhis policy may not bee used to app peal a discipplinary actionn; the appeal policy shouuld be used instead. This policy p appliees to all reguular (non-tem mporary) em mployees, witth the fo ollowing excceptions: • Employeees in the offi ces of the Shheriff and Reegister of Deeeds, elected offficials who, by North Carrolina Generral Statutes, hhave full autthority in personnel decisions innvolving em mployees in thheir respectiive nts; departmen • Employeees of the Deppartment of S Social Serviices and Heaalth Departmeent who com me under depaartmental annd State grievance policies; • Any emplloyees who aare appointed by the Couunty Commissiioners whereeas, in such appointmentts, the Boardd has
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9.2.1
Grievance G Policy P
full authorrity in persoonnel decisioons over them m; or The Electiions Directoor who is apppointed by thhe Board of Elections which has fu full authorityy over the poosition in personnel decisions.
Eligib ble employees may use tthe employeee grievance procedure too resolv ve a complaiint based upoon an event or conditionn which affeccts the ciircumstancess under whicch the emplooyee works, such as misin nterpretation,, unfair appllication, or laack of establlished policyy pertaiining to emp ployment connditions. g prrocedure doees not apply to the follow wing issues: This grievance • Discip plinary actionns covered bby the Appeaal Policy; • Comp plaints of wo rkplace haraassment coveered by the Unlaw wful Workplaace Harassm ment Policy; • Person nnel actions which do noot represent any harm too the emplo oyee, such ass assignmentt to another pposition or locatio on wherein tthe employee does not suuffer any losss of pay; • Down ngrades resullting from vooluntary or iinvoluntary demottions. This procedure p iss to be used iinternally onnly and does not confer uupon eitherr supervisor or employeee any remediies other thaan those expreessly contain ned herein. A All parties innvolved in a proceeding within n the purview w of this pollicy shall bee protected frrom reprisalss for such involvement i t. Parties enggaging in anny form of reetaliation willl be subject to discipliinary action,, up to and inncluding term mination.
9.2.2
Grievance G Procedure P
n an employeee or group of employeees has a grievvance, the When follow wing successsive steps arre to be takenn. The numbber of days indicaated at each level shouldd be considerred as the m maximum num mber of day ys unless pro ovided otherrwise and evvery effort shhould be madde to exped dite the process. Howeveer, when muutually agreed upon, timee limitss given below w may be exxtended. If thhe grieving eemployee dooes not fo ollow the tim melines for suuccessive steeps, it may bbe considereed as a with hdrawal of th he grievancee and the griievance mayy be dismisseed accorrdingly. For purposes p of this t policy, thhe term “bussiness days” ” refers to weekd days on whicch the Countty is open foor regular buusiness. Excep ptions are weekend dayss, County holidays or othher weekdayys County offices arre deemed “cclosed” for rregular business.
9.2.3
Grievance G
Established d: May 1977 Last Revised: December 9, 2013
e mu ust present thhe grievancee in writing tto the immeddiate The employee Article 9 – Ap ppeals and Griievances
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New w Hanoveer County y Personn nel Policies & Pro oceduress Procedure P Step S 1
superrvisor within n ten (10) bussiness days oof the event or within ten (10) business b day ys of when thhe employeee learns of thhe event. Thee grievaance must co ontain a brieef but clear ddescription oof what issuees the emplo oyee wants addressed. a Itt must also ccontain a clear descriptioon of the reemedy the em mployee is s eeking. If thhe grievance does not conntain both a clear descrription of thee issues and the remedy sought, the superrvisor may assk for clarifiication and m may delay thhe response timefr frame by the number of ddays it takess the employee to submitt the requeested clarification. The suupervisor shhould and is encouraged to consu ult with any County empployee or offficer deemedd necessary tto reach h a correct, im mpartial andd equitable deeterminationn and shall ggive the em mployee a reesponse as sooon as possiible, but withhin five (5) busin ness days of receipt r of the grievance.. The grievannce and superrvisor’s respo onse shall bee reported inn writing to tthe departmeent head and to the Human H Resouurces Directtor. If the issue is resolveed at this sttep, the supeervisor or deepartment heead shall connvey in writinng to the Human H Resou urces Directoor the terms of such resoolution. The emplo oyee shall siign off on th is documentt, indicating agreement tto the termss described. If I it is not reesolved, the ssupervisor oor departmennt head shall convey y in writing tto the Humaan Resourcess Director thhe n resolved. All written documentattion pertinennt to reason(s) it was not olution of thhe grievance shall be maiintained in a the filling and reso separate grievancce file in the Human Ressources Depaartment.
9.2.4
Grievance G Procedure P Step S 2
If the grievance iss not resolveed during Steep One and tthe employeee wantss to pursue itt to the depaartment headd, the employyee must filee the grievaance in writiing to the deepartment heead within teen (10) businness days of o receipt off the responsse by the suppervisor in Step 1. The deparrtment head shall render a decision w within a maxximum of tenn (10) business b day ys of receipt of the grievaance. If the iissue is resollved at thiss step, the su upervisor or department head shall cconvey in wrriting to thee Human Ressources Direector the term ms of such reesolution. Thhe emplo oyee shall siign off on th is documentt, indicating agreement tto the termss described. If I it is not reesolved, the ssupervisor oor departmennt head shall convey y in writing tto the Humaan Resourcess Director thhe reason(s) it was not n resolved. All written documentattion pertinennt to olution of thhe grievance shall be maiintained in a the filling and reso separate grievancce file in the Human Ressources Depaartment.
9.2.5
Grievance G Procedure P Step S 3
If the grievance iss not resolveed during Steep 2 and the employee w wants to purrsue it to thee County Maanager, the eemployee muust, within teen (10) business b day ys of receipt of the deparrtment head’s response inn Step 2, 2 submit a written w requeest to the deppartment head to forwarrd the writteen grievancee to the Counnty Managerr. In the requuest, the emplo oyee shall lisst the namess of all emplooyees he woould like to bbe
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New w Hanoveer County y Personn nel Policies & Pro oceduress heard d by the Coun nty Managerr. The deparrtment head must forwarrd the emplo oyee’s writteen grievancee to the Counnty Managerr within a maxim mum of threee (3) busineess days from m receipt of tthe employeee’s requeest. The Cou unty Manageer shall arrannge a time too hear the emplo oyee or grou up of employyees as soonn as is practiccable, and thhe deparrtment head and employeee will be nootified of thee date of the sched duled hearing g. The Counnty Manager shall determ mine the hearring proceedures and who w will be ppresent durinng any part oof the hearingg, but baasically the hearing h will consist of aan opportunitty for both thhe emplo oyee(s), supeervisor(s) annd departmennt head to bee heard and tthe Coun nty Manager to ask questtions to clariify issues. Inn the hearingg, the emplo oyee must prroduce evideence justifyiing or otherw wise supportting the alllegations maade in the grrievance. Suupervisors annd the departtment head defending th he charges att the hearingg will be given the right to exam mine all evideence determiined as relevvant by the C County Manaager. The hearing h is an n internal proocedure and neither partyy may have llegal or oth her representtation. The C County Mannager will maake a decisioon as to an appropriate resolution aand will notiffy the emplooyee of his decisiion within fiive (5) businness days of the hearing bby certified mail to thee employee’ss home addreess. The Couunty Manager’s decisionn is final. No deetermination n of any grievvance will inn any way coonflict with any Coun nty policies, resolutions, r or ordinancees, or with aany state or federaal statutes ap pplicable theereto.
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New Hanover County Personnel Policies & Procedures ARTICLE 10
EMPLOYEE BENEFITS
10.0
Benefits Policy— Purpose and Applicability
In addition to providing the benefit of paid leave, the County seeks to enhance employees’ total compensation by adding other benefits of value so that the County can attract and retain qualified employees to provide County services. Unless expressly excluded, covered employees include those individuals who hold regular (non-temporary) positions, including employees appointed by the Board of County Commissioners and elected officials. Retirees from County service are eligible for insurance and other benefits as described herein.
10.1
Benefits Policy
The County shall provide group medical, dental and other insurance programs and benefits to its employees, employees’ dependents and retirees. These provided benefits are subject to the approval of the Board of County Commissioners on a yearly basis.
10.1.1
Medical and Dental Insurance Eligibility
While employed, regular (non-temporary) employees who are in full-time or part-time positions at a minimum of 20 hours/week and who receive a W2 form for annual tax filings and elected officials are eligible for group medical and dental insurance coverage. Individuals who are issued 1099 forms for annual tax filings are not employees.
10.1.2
Medical and Dental Insurance Enrollment
New Employee Enrollment: Eligible employees are first eligible for enrollment for medical and dental coverage as a newly hired employee. They are offered coverage and must enroll or waive coverage at that time. Employees and their dependents are subject to a waiting period for medical pre-existing conditions unless proof of prior coverage which meets specific HIPAA guidelines are submitted for enrollment. Open Enrollment: Employees are given the opportunity annually during open enrollment to make changes in their medical and dental plans.
10.1.3
Medical and Dental Insurance Effective Date
Coverage takes effect in accordance with the dates established annually and set forth in the New Hanover County Payroll Schedule. This is generally the first day of the month following the employee’s 30th day of employment, not to exceed 60 days.
10.1.4
Medical and Dental Insurance Dependent
Eligible covered employees may enroll their eligible dependents for coverage. Eligible dependents include: a. The employee’s spouse, under a legally valid, existing marriage with a person of the opposite sex;
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10.1.5
Coverage
b. The employee’s unmarried children or the employee’s spouse’s unmarried children up to age 26 who are the employee’s legal dependents; c. The employee’s children or employee’s spouse’s children including newborn children from date of birth, stepchildren, adoptive children from date of placement in anticipation of adoption, foster children from date of placement in a foster home (as defined by North Carolina law), and children for whom medical benefit coverage is required under a court or administrative order, and as determined eligible by the insuring corporation; d. The employee’s unmarried child who is mentally or physically handicapped and incapable of self-support, who may be covered under the program regardless of age if the condition existed and coverage was in effect upon attainment of the limiting age.
Medical and Dental Insurance Rates
Medical and dental insurance rates are established annually by the insurance companies and must be approved by the Board of County Commissioners. Rate changes are effective August 1st of each year, which is the beginning of the benefit year. New Hanover County and the employee share the cost of medical and dental insurance coverage. A schedule of rates is established annually and set forth in the New Hanover County Benefit Rate Schedule.
10.1.6
Medical Insurance for Retirees
Retiring employees will be subject to the policy provisions in effect on the date of their retirement. Employees may qualify for continued coverage under the County’s group medical insurance program, as outlined in this section as long as their required portion of the monthly premium is timely paid to the County. Employees may maintain the type of coverage in effect at the time of retirement; however, at age 65 they must obtain primary coverage through the Federal Medicare plan (Parts A & B), which will become primary, and the County’s medical insurance plan will assume secondary responsibility for covered medical services. Retiring employees must make an election to continue or terminate coverage at the time of their retirement. If they waive the right to continue coverage at the date of retirement, they may not elect coverage at a future date. The only exception to this rule: When a retiree’s spouse is an active County employee, the retiree may choose to become a dependent under the spouse’s certificate. When the retiree loses eligibility under the spouse’s certificate,
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New Hanover County Personnel Policies & Procedures he/she may at that time exercise the retiree insurance options that were available at the time of retirement. 10.1.7
Dental Insurance for Retirees
Retiring employees may qualify for continued coverage under the County’s group dental insurance program, as outlined in this policy, as long as the retiree makes timely premium payments and until the termination of such policy by the covered individual or the County. Employees may maintain the type of coverage in effect at the time of termination.
10.1.8
Medical and Dental Insurance Requirements for Continued Coverage
An employee must meet the requirements of one of the categories detailed below in order to qualify for continued coverage under the County’s group medical and dental insurance programs: a. A regular employee who retires under one of the provisions of the North Carolina Retirement System, and who has at least five (5) consecutive years of service with New Hanover County immediately prior to retirement is qualified for continued coverage under this section. b. A firefighter or sworn law enforcement officer who becomes totally and permanently disabled from his/her job, as approved by the North Carolina Retirement System’s Medical Review Board, and whose disability is the result of an accident while performing his/her duty as such needs only one (1) year of creditable service for continued coverage under this section. c. An employee appointed directly by the Board of County Commissioners who retires under one of the provisions of the North Carolina Retirement System, with at least five (5) consecutive years of service with New Hanover County immediately prior to retirement is qualified for continued coverage under this section. d. A County Commissioner who serves at least 10 years, which do not have to be consecutive, is qualified for continued coverage under this section. Creditable service with the North Carolina Retirement System may include service earned for each month the employee works and contributes, service earned through accumulated sick leave, military buyback, withdrawn service restored through a buyback, creditable service transferred from another system which falls under the umbrella of the North Carolina State Treasurer’s Office, or any other type of creditable service recognized by the North Carolina State Treasurer’s Office. The service need not be continuous.
10.1.9
Medical and Dental Retiree Rates
Established: May 1977 Last Revised: March 14, 20011
A regular employee or an employee appointed by the Board of County Commissioners, the Sheriff or the Register of Deeds who retires from New Hanover County based upon the eligibility criteria for any type of retirement established by the North Article 10 – Employee Benefits
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New Hanover County Personnel Policies & Procedures Carolina Retirement System will pay for continued coverage according to the following schedule. NOTE: The County’s contribution towards the retiree’s insurance premiums is based on a set amount or percentage of the cost of individual coverage. Qualifying individuals choosing to cover eligible dependents will pay any additional cost to cover their eligible dependents. a. Qualifying individuals with at least five (5) but less than fifteen (15) years of creditable service will be allowed to continue coverage and will pay 100% of the total cost for coverage. b. Qualifying individuals with at least fifteen (15) years but less than twenty (20) years of creditable service will pay 75% of the total cost for individual coverage. c. Qualifying individuals with at least twenty (20) years but less than twenty-five (25) years of creditable service will pay 50% of the total cost for individual coverage. d. Qualifying individuals with at least twenty-five (25) years but less than thirty (30) years of creditable service will pay 25% of the total cost for individual coverage. e. Qualifying individuals with at least thirty (30) years of creditable service will pay the prevailing payroll rate for individual coverage. f. Employees appointed directly by the Board of County Commissioners who qualify under this policy, will be allowed to continue individual coverage based on the rates and criteria established under this policy. g. Employees who do not meet the County’s established criteria for continued coverage must pay the entire cost of the group medical and dental insurance premiums, plus any administrative fees that might be imposed, for the period allowed by the provisions of the plan contract or any legislative mandates governing the continuation of group health and dental insurance benefits (COBRA). h. When a qualifying individual who retired on or after August 1, 2003 deceases and there are dependents covered under the qualifying individual’s plan at the time of the qualifying event, the dependents losing coverage because of the qualifying event shall be offered continuation coverage for the period allowed by any legislative mandates governing the continuation of group health and dental insurance benefits (COBRA).
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New Hanover County Personnel Policies & Procedures 10.1.10
Continued Medical and Dental Coverage for County Commissioners Leaving Office
County Commissioners who serve at least 10 years, which do not have to be consecutive, will pay 50% of the total cost for individual coverage, plus any additional costs for dependents. A Commissioner who leaves office and qualifies for continued coverage under this policy must at age 65 obtain primary coverage through the Federal Medicare plan (Parts A & B), which will become primary, and the County’s medical insurance plan will assume secondary responsibility for covered medical expenses.
10.1.11
Medical and Dental Insurance Premium Payment
Participants must pay all premiums by the first day of the month for which coverage is in effect. New Hanover County bills participants monthly and allows a thirty (30)-day grace period for payment. Nonpayment or late payment will result in irrevocable cancellation. Participants receiving continuation coverage under COBRA provisions will be billed by a third party administrator contracted to administer the county’s COBRA program. The Third Party Administrator allows a thirty (30)-day grace period for payment. Nonpayment or late payment to the third party administrator will result in irrevocable cancellation.
10.1.12
Continued Medical and Dental Insurance COBRA
Eligible employees who do not qualify for continued coverage under the County’s group medical and dental insurance programs will be afforded continued coverage in accordance with the plan contract or any legislative mandates governing the continuation of group medical and dental insurance benefits (COBRA).
10.2
Retirement Benefits
Employees become members of the North Carolina Local Government Employees’ Retirement System (NCLGERS) on their date of hire, if hired as a regular full-time or part-time employee of New Hanover County and their duties require that they work at least 1,000 hours per year. Employees who are sworn law enforcement officers shall be enrolled in the North Carolina Local Governmental Employees’ Retirement System for Local Law Enforcement Officers on their date of hire, if hired as a regular full-time or part-time employee of New Hanover County and their duties require that they work at least 1,000 hours per year. . Contributions to the appropriate retirement system are deducted from the employee’s pay checks and contributions are also made by the County, at a rate determined by the State Department of the Treasurer, Retirement Systems Division.
10.2.1
Retirement Benefits—
After one year of creditable service, employees are eligible for a death benefit. Should an eligible employee die while actively
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employed, the designated beneficiary(ies) will receive a single lump-sum payment which equals the highest 12 consecutive months of salary during the 24 months preceding death, but no less than $25,000 and no more than $50,000. This benefit is also paid if death occurs within 180 days of the last day for which an employee is paid a salary.
10.2.2
Retirement Benefits-Vesting
After five years of creditable service in the NCLGERS, employees are vested for purposes of retirement benefits in accordance with the eligibility requirements established by the State Department of the Treasurer, Retirement Systems Division.
10.3
Supplemental Retirement Plans
All regular employees are eligible to participate in any supplemental retirement plan offered by the County, such as the 457 Deferred Compensation Plan or the 401(k) Supplemental Retirement Income Plan. All employee contributions are voluntary. As required by State law, the County contributes 5% of gross salary to the 401(k) Plan for qualified sworn law enforcement officers. For non-law enforcement positions, the County does not make a contribution.
10.4
Other Insurance Plans and Benefits
The County offers other a wide array of group insurance plans and benefits. For some, the premiums are paid by the County; for others, the premiums are paid by the employee. The offerings are subject to change each benefit plan year and, therefore, it is not practical to list them in this policy. Current insurance plans and benefits listings and details can be found on the Human Resources internet or intranet website.
10.5
Employee Wellness Benefits
Eligible employees and retirees may participate in the County’s wellness program, access the on-site clinic, and receive on-site flu and tetanus immunizations.
10.6
Workers’ Compensation Benefits
County employees are covered by the North Carolina Workers’ Compensation Act and may be eligible for Workers’ Compensation benefits as a result of all injuries arising out of and in the course of employment. An employee has a responsibility to timely report any such injury to his or her supervisor or to the County safety officer.
10.7
FICA
The County, to the extent of its lawful authority and power, has extended social security benefits for its eligible employees and eligible groups and classes of such employees.
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10.8
Unemployment Insurance Benefits
Established: May 1977 Last Revised: March 14, 20011
County employees may be eligible to receive unemployment benefits once their employment with the County ends, provided they establish a claim and are not disqualified by the Employment Security Commission under the conditions outlined in GS 96-14. This is a benefit paid by employers.
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New Hanover County Personnel Policies & Procedures ARTICLE 11 PERSONNEL RECORDS AND REPORTS 11.0
Personnel Records Maintenance
Such personnel records as are necessary for the proper administration of the personnel system will be maintained by the Human Resources Director. The County shall maintain in personnel records only information that is relevant to personnel administration.
11.1
Access to Personnel Records
As required by North Carolina GS 153A-98, any person may have access to the information listed below for the purpose of inspection, examination, and copying, during regular business hours, subject only to such rules and regulations for the safekeeping of public records as the Board of County Commissioners may adopt: a. Name; b. Age; c. Date of original employment or appointment to County service; d. The terms of any contract by which the employee is employed whether written or oral, past and current, to the extent that the county has the written contract or a record of the oral contract in its possession; e. Current position f. Title; g. Current salary; h. Date and amount of each increase or decrease in salary; i. Date and type of each promotion, demotion, transfer, suspension, separation or other change in position classification; j. Date and general description of the reasons for each promotion; k. Date and type of each dismissal, suspension, or demotion for disciplinary reasons taken by the County. If the disciplinary action was a dismissal, a copy of the written notice of the final decision of the County setting forth the specific acts or omissions that are the basis of the dismissal; or l. The office to which the employee is currently assigned. Access to such information shall be governed by the following provisions: a. All disclosures of records shall be accounted for by keeping a written record (except for authorized persons processing personnel actions) of the following information: Name of employee; information disclosed; date information disclosed; name and address of the person to whom the disclosure is made; and purpose for which information is requested. This information must be retained for a period of two (2) years. b. Upon request, record of disclosure shall be made available to the employee to whom it pertains.
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New Hanover County Personnel Policies & Procedures c. An individual examining a personnel record may copy the information; any available photocopying facilities may be provided and the cost may be assessed to the individual. d. Any person denied access to the information listed in this Article shall have a right to compel compliance with these provisions by application to a court for injunctive or other appropriate relief. 11.2
Confidential Information
All information contained in a County employee’s personnel file, other than the information listed above in this Article will be maintained as confidential in accordance with the requirements of GS 153A-98 and shall be open to inspection only in the following instances: a. The employee or his/her duly authorized agent may examine all portions of his/her personnel file, except (1) letters of reference solicited prior to employment and (2) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to the patient. b. A licensed physician designated in writing by the employee may examine all materials in the employee’s medical records. c. A County employee having supervisory authority over the employee may examine all material in the employee’s personnel file. d. By order of a court of competent jurisdiction, any person may examine such portion of an employee’s personnel file as may be ordered by the court. e. An official of any agency of the State, of federal government, or of a political subdivision of the State, may inspect any portion of a personnel file when such information is deemed by the County Manager to be necessary and essential to the pursuance of a proper function of the inspecting agency; but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee, or for the purpose of assisting in an investigation of the employee’s tax liability. However, the Human Resources Director may release the name, address and telephone number from a personnel file for the purpose of assisting in a criminal investigation. f. An employee may sign a written release, to be placed with his/her personnel file, that permits the Human Resources Director or his/her designee(s) to provide, either in person, by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release. g. The County Manager, with concurrence of the Board of County Commissioners, may inform any person of the employment or non-employment, promotion, demotion, suspension or other
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New Hanover County Personnel Policies & Procedures disciplinary action, reinstatement, transfer, or dismissal of a County employee and the reasons for the personnel action. Before releasing the information, the County Manager shall determine in writing that the release is essential to maintaining public confidence in the administration of County services or to maintaining the level and quality of County services. This written determination shall be retained by the Clerk to the Board of County Commissioners, is a record available for public inspection, and shall become part of the employee’s personnel file. h. Each individual requesting access to confidential information will be required to submit satisfactory proof of identity. A record shall be made of each disclosure and placed in the employee’s personnel file. 11.2.1 Safeguarding Confidential Information
In order to insure the security and confidentiality of records, the Human Resources Director shall establish administrative, technical and physical controls to protect confidential information from unauthorized access or disclosure. Medical records shall be maintained in confidential files, separate and apart from personnel files.
11.2.2 Penalty for Permitting Access to Confidential File by Unauthorized Person
GS 153A-98 provides that any public official or employee who knowingly and willingly permits any person to have access to any confidential information contained in an employee personnel file, except as expressly authorized by a designated custodian, is guilty of misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars ($500.00).
11.2.3 Penalty for Examining or Copying Confidential Material without Authorization
GS 153A-98 provides that any person, not specifically authorized to have access to a personnel file designated as confidential, who shall knowingly and willingly examine it in its official filing place or remove or copy any portion of a confidential personnel file, shall be guilty of a misdemeanor and upon conviction shall be fined in the discretion of the court, but not in excess of five hundred dollars ($500.00).
11.3
Records of Former Employees
The provisions for access to records apply to former employees, as they apply to present employees.
11.4
Remedies of Employees Objecting to
An employee who objects to material in his/her personnel file may place in the file a statement relating to the material considered to be inaccurate or misleading. The employee may seek the removal of
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New Hanover County Personnel Policies & Procedures Material in File
such material in accordance with established grievance procedures, provided he/she files the grievance within the prescribed time after he/she knew of the material being placed in the file. See grievance policy.
11.5
Destruction of Records Regulated
No public official may destroy, sell, loan, or otherwise dispose of any public record, except in accordance with GS 121-5, without the consent of the State Department of Cultural Resources. Whoever unlawfully removes a public record from the office where it is usually kept or alters, defaces, mutilates, or destroys it will be guilty of a misdemeanor and upon conviction will be fined no less than ten dollars ($10.00), but no more than five hundred dollars ($500.00), as provided in GS 132-3.
11.6
Electronic Records System Policy— Purpose and Applicability
The purpose of this policy is to establish guidelines for document archiving and for destruction of original records that are duplicated electronically through imaging by the New Hanover County Human Resources Department. This electronic imaging record policy reflects guidelines set forth in the North Carolina Department of Cultural Resources publication, North Carolina Guidelines for Managing Public Records Produced by Information Technology Systems. Established guidelines will not only increase the reliability and accuracy of records stored in information technology systems, but will also ensure they remain accessible. Established guidelines for reproduced records will likewise enhance their admissibility and acceptance by the judicial system as being trustworthy. Privileged or confidential information will also be protected by this policy.
11.6.1 Electronic Records System Policy and Procedures
As defined in the North Carolina Department of Cultural Resources publications, Records Retention and Disposition Schedule for County Management, personnel records may be imaged and stored on optical disk. a. The New Hanover County Human Resources Department will seek the approval of the North Carolina Department of Cultural Resources for the destruction of any paper records that have been scanned in accordance with this policy. That approval will be requested and recorded on the “Request for Disposal of Original Records Duplicated by Electronic Means” form. The New Hanover County Human Resources Department will submit a new form each time it begins to scan a new records series. b. Destruction of the original paper record (and copies thereof) will be processed following imaging and quality control assurance. Paper records identified as “permanent” by the North Carolina Department of Cultural Resources publications, Records Retention and Disposition Schedule for County Management, will
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c.
d.
e.
f. g.
not be purged unless a microfilm preservation duplicate is created prior to the destruction of such records. Optical disks containing scanned records will be maintained for the specified retention times according to the Records Retention and Disposition Schedule for County Management, published by the North Carolina Department of Cultural Resources. New Hanover County Human Resources Department staff will prepare the original paper record (and copies thereof) for burning. Documents will be boxed for burning, with boxes clearly labeled and properly secured. Boxes identified for burning will be transported to the county incinerator by New Hanover County Property Management staff. Security back-ups of all imaged documents will be generated nightly and maintained off-site by the New Hanover County Information Technology Department. An index of all records imaged will be kept in electronic format along with a listing of destruction dates. All records stored on optical disk will be considered the official agency record. Any hard copy generated from the optical disk will be considered the agency’s duplicate working copy.
a. New Hanover County Human Resources Department staff will be 11.6.2 Electronic trained in the correct procedures required for imaging, viewing, Records and reproducing records. System Policy b. Documentation for all imaging activities will be maintained and through audit trails built into the imaging system to protect the Procedures New Hanover County Human Resources Department from Training and potential fraud or any other unauthorized acts as well as for Documentation maintaining record authenticity. Imaged records will be audited periodically (by the department’s Quality Assurance Committee) for accuracy, readability, and reproduction capabilities. An audit report will be prepared indicating the sampling of records produced, along with any procedures that will be followed if the expected level of accuracy was not identified. c. Detailed procedures will be maintained by the New Hanover County Human Resources Department that will describe the process followed to produce and reproduce an automated record. This documentation will be updated as needed and will include a description of the system hardware and software. A current procedural manual will be maintained to ensure the most current processes are followed. Documentation will also be maintained for the distribution of written procedures, attendance of staff at training sessions, dates of these occurrences as well as other relevant information. d. User and operational documentation describing how the system Established: May 1977 Article 11 – Personnel Records and Reports Last Revised: November 15, 2010
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New Hanover County Personnel Policies & Procedures operates from a functional user and data processing perspective, including records documenting data entry, manipulation, output and retrieval and records concerning the development and / or modification of data will be maintained for three (3) years after discontinuance of the system and after all data (records) created by the system have been destroyed or transferred to a new operating environment. Such documentation is needed in order to ensure the accessibility of imaged records and have value as long as the electronic records (data) are retained. 11.6.3 Electronic Records System Policy—Other Information
A detailed listing of the specific types of records, identified in Personnel Records is available in the North Carolina Department of Cultural Resources publications, Records Retention and Disposition Schedule for County Management.
11.6.4 References
http://www.history.ncdcr.gov/ http://www.records.ncdcr.gov/
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New Hanover County Personnel Policies & Procedures ARTICLE 12
IMPLEMENTATION OF POLICY
12.0
Conflicting Policies Repealed
This policy constitutes a Personnel Resolution and thereby, does not create any contractual or statutory guarantees of continued employment. All policies, ordinances or resolutions that conflict with the provisions of this policy are hereby repealed.
12.1
Separability
If any provision of this policy or any rule, regulation or order thereunder of the application of such provision to any person or circumstances is held invalid, the remainder of this policy and the application of such remaining provisions of this policy of such rules, regulations or orders to persons or circumstances other than those held invalid will not be affected thereby.
12.2
Violation of Policy Provisions
An employee violating any of the provisions of this policy will be subject to disciplinary action, up to and including dismissal, in addition to any civil or criminal penalty which may be imposed for violation of the same.
12.3
Effective Date
This policy is effective May 16, 1977. This policy is most recently fully reviewed and modified effective October 19, 2009.
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