HomeMy WebLinkAbout2010/12/06 Personnel Text Amendment Art V Sec 7, Art VI Sec 23, Art III Sec 18Approved by the Harnett Board Meeting Agenda Item
County Soard of Con► 'seloners nd Item
/i �� ) 174 MEETING DATE: December 6, 2010
TO: Y �GI HARNETT COUNTY BOARD OF COMMISSIONERS
j
SUBJECT: Amendments to the Personnel Ordinance
REQUESTED BY: Trinity J. Faucett, Human Resources & Risk Mgmt Director
REQUEST:
Request approval to the following Amendments to the following portions of the Personnel
Ordinance:
Article V. Conditions of Employment. Section 7. Changes made by recommendation of legal
counsel to reflect current definitions of unlawful harassment and practices.
Article VI. Leaves of Absence Section 23. Shared Leave Policy. Changes are made to allow
employees to donate to individual employees rather than to a pool. This has been requested by
numerous employees.
Request addition of Article III. The Pay Plan Section 18. Recovery of Compensation
Overpayments and Restitution of Underpayments. This practice is already in place but request
approval to make a portion of the Personnel Ordinance.
Legal has reviewed the amendments
COUNTY MANAGER'S RECOMMENDATION:
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Harnett County Personnel Ordinance
Article III. The Pay Plan
Section 18. Recovery of Compensation Overpayments and Restitution of
Underpayments
Human Resources and Payroll will make every effort to ensure that employees are paid
correctly and that authorized payroll deductions are deducted properly.
A. In cases of improper overpayment, even when the error was not the fault of the
employee, employees are expected to promptly repay the County the amount of
the overpayment. Repayment arrangements will be made through Human
Resources.
B. For purposes of this policy, overpayments include wage and salary payments,
voluntary and involuntary deductions for insurance programs or other authorized
deductions.
C. If an employee was not paid at all, the department director /elected official may
request that a special check be issued. If an employee received partial pay, but
not all that was due, then whenever possible, the balance will be corrected on the
next payroll check.
D. All employees are responsible for examining each paycheck or direct deposit
stub received in a timely manner to ensure that proper payment and deductions
have been made. If an employee believes an improper overpayment or
deduction has been made, he /she should immediately contact his/her supervisor,
department director, Human Resources or payroll.
E. Payroll will calculate an overpaymentlunderpayment summary to determine the
amount to be corrected. Human Resources will meet with the employee to
explain how the error occurred and if necessary discuss a repayment schedule.
F. For overpayments, Human Resources will determine whether the correction will
be collected on the employee's next regular payday (if nominal) or whether the
employee shall be offered the Voluntary Repayment Agreement for Payroll
Overpayment form. The following describes the repayment schedule to be used
when the amount owed is more than a nominal amount.
Nominal overpayment — An erroneous overpayment that is one hundred dollars
($100.00) or less shall be deducted from the employee's next paycheck.
Significant overpayment —An overpayment that is greater than one hundred
dollars ($100.00) shall be allowed to be paid through a written repayment plan
pursuant to a signed "Voluntary Repayment Agreement for Payroll
Overpayment."
G. The cumulative amount of the repayment deductions shall not reduce the gross
wages paid to a rate less than the minimum wage as defined by law.
H. The repayment deductions will not be greater than 15% of the gross wages
earned in the pay period in which the deduction is made.
I. The repayment deductions will be made after the employer has made all
deductions expressly permitted or required by law and after any employee -
authorized deduction.
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Harnett County Personnel Ordinance
Article III. The Pay Plan
J. If an employee under a voluntary repayment arrangement is terminated either
voluntarily or involuntarily before payment is made in full, the remaining amount
owed may be deducted from any amounts owed to me by the County.
K. If an employee under a voluntary repayment arrangement enters into an unpaid
status, a letter will be sent to collect the remaining payments or to set -up a new
repayment plan. If the employee does not respond, a second notice will be sent
and the employee will be given two (2) weeks to remit payment.
L. In the event a terminated employee is overpaid, Human Resources will notify the
former employee in writing that an overpayment has occurred along with the total
amount owed. Payment is to be recovered within 30 days, unless a payment
plan is agreed to in writing by both the County and the former employee.
M. If repayment is not recovered or the payment plan is not followed by the former
employee, Human Resources will send a second letter to the former employee.
Payment is to be submitted within two (2) weeks to avoid collection of monies
owed through court proceedings.
N. The County in all cases reserves the right to pursue collection of remaining
overpayments through court proceedings if recovery efforts under this policy
have failed.
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Harnett County Personnel Ordinance
ARTICLE V. CONDITIONS OF EMPLOYMENT
Section 7. Unlawful Harassment
A. Harnett County promotes a work environment free of unlawful harassment. Unlawful
Workplace Harassment is unwelcome or unsolicited speech or conduct based upon
race, color, gender, religion, national origin, age or disability status that creates a
hostile work environment or circumstances. Harassment may include offensive
photos, jokes, remarks, threats, etc. Unlawful Workplace Harassment is strictly
prohibited. This prohibition applies to all employees regardless of rank or position
with the County. This policy also applies to unlawful harassment by third parties who
deal with the County.
B. Sexual harassment is a form of unlawful workplace harassment. Sexual harassment
includes unwelcome statements or conduct based on a person's gender that creates
an hostile working environment, such as gender -based jokes or negative gender -
based remarks. It also includes sexual advances, requests for sexual favors,
propositions, inappropriate touching and other verbal or physical conduct of sexual
nature when (1) submission to such conduct is made either explicitly or implicitly a
term or condition of an individual's employment, (2) submission or rejection of such
conduct by an individual is used as the basis for employment decisions affecting
such individual, or (3) such conduct has the purpose or the effect of unreasonably
interfering with an individual's work performance or creating an intimidating, hostile,
or offensive working environment.
C. Individuals who perceive instances of unlawful workplace harassment, including
sexual harassment, have the responsibility and are encouraged to use the County's
internal procedures to report the situation and/or complain without fear of retaliation.
Once a report or complaint is received, the County will thoroughly investigate and
take appropriate action.
D. Any employee who believes he or she may have a complaint of unlawful harassment
should report, orally or in writing, to his or her supervisor or department head, or may
file the complaint directly with the Human Resources Director if the complaint
involves the supervisor or department head. The supervisor or department head to
whom the complaint is made shall notify the Human Resources Department within
three (3) working days of the complaint.
E. The Human Resources Department will receive the written complaint and any
supporting evidence and /or documentation, or cause a written complaint to be made
from interviewing the complaining party. The Human Resources Director shall notify
all concerned parties that a complaint has been filed.
F. All complaints of unlawful workplace harassment, including sexual harassment, will
be investigated promptly and where necessary, immediate appropriate action will be
taken to stop and remedy any such conduct. Any supervisor, agent or employee
found in violation of this policy is subject to disciplinary action, including dismissal.
G. The investigation will consist of interviewing the concerned parties, including the
complaining party, the alleged offender(s) and witnesses, and gathering any other
relevant evidence or documentation. The Human Resources Director will take
appropriate interim action, if necessary. The investigation shall be completed and a
report given to the County Manager within fifteen (15) working days of the receipt of
19
Harnett County Personnel Ordinance
the written complaint, unless an extension is deemed necessary by the Human
Resources Director.
H. The County Manager will make a determination as to the resolution of the complaint
and will notify the concerned parties of the determination.
I. All complaints and subsequent investigations will be held as confidential as possible
without limiting the County's ability to investigate and respond appropriately to
complaints.
J. Retaliatory actions against the complaining party and any witness participating in the
investigation will not be tolerated. Complaints of retaliation will be immediately
investigated and appropriate action will be taken, up to and including dismissal from
employment.
20
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Harnett County Personnel Ordinance
ARTICLE VI. LEAVES OF ABSENCE
Section 23. Shared Leave Policy
Purpose. This policy provides an opportunity for employees to assist other employees
affected by a serious medical condition that requires their absence from work for a
prolonged period of time resulting in possible loss of income due to lack of accumulated
leave. Under this policy an employee may donate a specified number of Annual Leave
hours to help another employee who has exhausted all accumulated paid leave.
Eligibility. Any employee in a position designated as "Regular" is eligible to donate or
request leave.
An employee who is unable to work due to an accident, chronic illness or major medical
condition of themselves or that of an immediate family member is eligible. The medical
condition of the family member shall meet the criteria of this policy.
The employee will be required to apply and follow procedures for Family and Medical
Leave.
The following conditions are NOT eligible for Shared Leave:
• Short term or sporadic conditions or illness
• Elective Surgery
• Normal Pregnancy
• An employee receiving Worker's Compensation benefits
An employee may receive a maximum of 480 hours of donated leave each calendar
year through the Shared Leave Program. Shared Leave may not be used to extend an
employee's time in leave status beyond one year from the last date worked.
Application Process: An employee who wishes to request leave through the Shared
Leave program must submit an Application to Receive Shared Leave on the form
provided by the Human Resources Department to the Department Director. The
Department Director shall review the merits of the request and forward it to the Human
Resources Director with a recommendation to approve or disapprove the shared leave.
The Human Resources Director will review the request with an Employee Shared Leave
Committee. The Committee and Human Resources Director or his /her designee will
make a recommendation to the County Manager. The County Manager shall approve
or deny all requests for receipt of shared leave.
The County Manager will determine the length of the leave. The leave granted may
not exceed the employee's period of treatment and recovery.
Donation of Leave. Once a Shared Leave request is approved, the Human Resources
Director or his/her designee may advise all county employees regarding the request for
shared leave. The Privacy Act makes medical information confidential; therefore, prior
to making the employee's status public for receiving shared leave, the employee must
sign a release to allow the status to be known. After such time, the Human Resources
Department will circulate the request to all department heads. Each department head
will be responsible for ensuring that all of his /her employees are made aware of the
request.
Direct solicitation of employees for Shared Leave donations is not permitted.
An employee who wishes to donate Annual Leave to an employee requesting Shared
Leave must complete a "Shared Leave Donation" form and submit this through the
Department Director to the Human Resources Department within the time period
specified for the request.
Any eligible employee of the County of Harnett may donate annual vacation leave to
any approved recipient. This annual leave will convert to sick leave for the recipient.
An employee donating leave may elect to donate a minimum of four hours of Annual
Leave (in increments of 4 hours) up to the amount that would not drop his /her combined
Sick and Annual Leave balance below 80 hours. A donating employee may not donate
more annual vacation leave than he or she could earn in one year.
The donating employee may not receive compensation in any form for the donation of
leave. Acceptance of remuneration for donated leave shall be grounds for disciplinary
action up to and including dismissal.
An employee may not directly or indirectly intimidate, threaten, coerce, or attempt to
intimidate, threaten or coerce any other employee for the purpose of interfering with any
right with such employee may have with respect to donating, receiving, or using annual
leave under this program. Such action shall be grounds for disciplinary action up to and
including dismissal.
There is no provision for county employees to donate or receive sick leave from family
members employed in other local governments or State agencies, institutions,
community colleges, or technical institutes.
Once leave is donated and transferred to the employee receiving the leave, it may not
be returned to the donating employee. (Exception: In the case of death of the recipient,
leave will be returned to the donors on a pro -rated basis.)
Individual leave records are confidential and only individual employees may reveal their
donation or receipt of leave.
During the period an employee is using Shared Leave, the employee continues to be in
a leave earning capacity, and is entitled to holidays, receive any salary increase or
bonus for which otherwise eligible, and may receive benefits offered under the group
insurance policies.
Any donated leave is taxable to the recipient. The dollar amount of any donated leave
will be added to the recipient's W -2 as income.
Donated leave shall not be claimed for reimbursement under current subrogation law.
The County of Harnett shall not report paid donated leave as reimbursable to an
attorney representing a County employee in a third party subrogation claim.
Accounting and Usage Procedures: The Human Resources Department shall
establish a system of leave accountability which will accurately record leave donations
and recipient's use. Such accounts shall provide a clear and accurate record for
financial and management audit purposes. This should include:
• Maintaining a list of employees donating
• Notification of Shared Leave to recipients and the Finance Department when
leave is granted and in what amounts.
• Notification of Annual Leave to donors and the Finance Department of actual
leave deductions.
The approved amount(s) of shared leave will only be added after all sources of the
recipient's own leave have been completely exhausted.
Harnett
COUNTY
�aORli! CA.R01.71,A
Application to Receive Voluntary Shared Leave
Instructions: Please complete the information below and submit to the Human Resources Department.
Also, attach a Family and Medical Leave Certification from your physician documenting the need for leave
and the period of absence.
Employee Name
Department
Annual Leave Balance
Sick Leave Balance
As of Date:
As of Date:
TOTAL NUMBER OF LEAVE HOURS REQUESTED
(Maximum of 480 hours of Shared Leave per Calendar year)
Employee Statement:
"This is to request participation in the County of Harnett's Shared Leave Program. I and /or a member of
my immediate family have a medical condition as specified in the attached physician's statement that is
resulting in my absence from work. This is not an elective surgery, I am not receiving Worker's
Compensation benefits nor do I plan to seek subrogation from a third party for the leave time. All of my
Sick Leave and Annual Leave has been exhausted and I am requesting donated Shared Leave hours as
specified above."
R— my authorize the Human Resources Department to release information indicating that I or a member
of my immediate family have a serious medical condition which would otherwise be confidential personnel
record information and that I desire Shared Leave donations.
_ I do not authorize the Human Resources Department to release my name or medical information
indicating that I have a serious medical condition. I understand that although I may be eligible for Shared
Leave, by limiting the information that is released, willingness of my co- workers to donate leave to a blind
request may be reduced.
Employee's Signature and Date
Department Head Comments:
Department Head Signature and Date
Harnett
COUNTY
I;uRIH CAROL ?NA
Voluntary Shared Leave Donation Form
Instructions: Please complete the information below and submit to the Human Resources Department.
Donor information:
Employee Name
Employee Department
Annual Leave Balance Sick Leave Balance As of Date
NUMBER OF ANNUAL LEAVE HOURS TO BE DONATED
(Donations must be in four (4) hour increments)
(You must have a balance of eighty (80) hours of combined leave after donation)
h the Employee requesting Shared Leave has approved release of his/her name and condition,
you may designate the employee to receive the leave If not you are donating Annual Leave to an
anonymous beneficiary.
Employee to Receive Shared Leave
Employee Name
Department Name
I meet all policy requirements for being a Shared Leave Donor and would like to donate the stated hours
of Annual Leave to the employee listed above. I understand that the leave I donate will be transferred
effective the beginning of the 10 pay period after receipt of this authorization form. I understand that
once this donated Annual Leave is transferred to an eligible County employee, it will not be returned to
me under any circumstances and I give up any and all rights of ownership.
Employee Signature and Date
Please submit this completed form through your supervisor to the department
payroll coordinator. They will forward to Human Resources on your behalf.
Thank you
HR Use Only:
Date received Entered try
Hours transfemed Effective date for transfer of Annual Leave