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BOONE COUNTY GOVERNMENT PERSONNEL POLICY MANUAL

TABLE OF CONTENTS

Section 1: EMPLOYMENT

1.1 At-Will Employment
1.2 Application for Employment
1.3 Employment Reference
1.4 Employment Classifications
1.5 Positions
1.6 Benefited and Non-Benefited Positions
1.7 Temporary Positions
1.8 Position Descriptions
1.9 Position Changes
1.10 Employee Records
1.11 Six-Month Probationary Period
1.12 Six-Month Qualifying Period
1.13 Performance Evaluations
1.14 Employment Separation
1.15 Equal Opportunity Institution
1.16 American Disabilities Act/Human Rights Law


Section 2: EMPLOYMENT BENEFITS

2.1 Retirement
2.2 Holidays
2.3 Holiday Pay
2.4 Vacation Leave
2.5 Vacation Accrual for Former Employees
2.6 Sick Leave
2.7 Sick Leave for Former Employees
2.8 Usage of Accumulated Time
2.9 Usage of Accrued Time
2.10 Parking Policy


Section 3: COMPENSATION

3.1 Work Week
3.2 Pay Period
3.3 Pay Day
3.4 Termination Pay
3.5 Time Keeping
3.6 Administrative Pay: Corrections
3.7 Salary Adjustments
3.8 Call Back Pay Policy
3.9 Temporary Extra Responsibility Pay
3.10 Shift Differential
3.11 Travel Time Pay


Section 4: WORK CONDITIONS AND HOURS

4.1 Work Schedules
4.2 Overtime
4.3 Attendance and Punctuality
4.4 Inclement Weather
4.5 Emergency Closing of County Services and Buildings
4.6 Business and Travel Expenses
4.7 Non-Smoking Work Environment


Section 5: LEAVES OF ABSENCE

5.1 Family Medical Leave
5.1(a) Military Family Medical Leave
5.2 Bereavement Leave
5.3 Maternity Leave
5.4 Military Leave
5.5 Jury Duty Leave
5.6 Leave of Absence Without Pay
5.7 Extended Leave of Absence Without Pay
5.8 Care Leave
5.9 Adoption Leave
5.10 Missouri Task Force One


Section 6: EMPLOYEE CONDUCT & PROCEDURES

6.1 Professionalism
6.2 Personal Appearance
6.3 Drug Free Work Place
6.4 Driver's License Suspension/Revocation
6.5 Vehicle Accident Reporting Procedure
6.6 Worker's Compensation Procedure
6.7 Conflict of Interest
6.8 Outside Employment
6.9 Solicitations and Distribution
6.10 County Property
6.11 Inappropriate Conduct
6.12 Workplace Violence
6.13 Phone and Mail Systems
6.14 E-Mail
6.15 Use of Vehicles
6.16 Anti-Fraud Policy


Section 7: SAFETY

7.1 Supervisors' and Administrative Authorities' Responsibilities
7.2 Employees' Responsibilities
7.3 Safety Committee
7.4 Operation of Vehicles
7.5 Safe Work Practices
7.6 Personal Protective Equipment


APPENDIX A: Benefits


SECTION 1: EMPLOYMENT

1.1: AT-WILL EMPLOYMENT:

Unless you have a contract for employment signed or approved by the Boone County Commission, your employment with Boone County is classified as noncontractual "at will" employment. When the employment relationship is "at will", either the employer or the employee may terminate the relationship at any time and for any or no reason subject to limited restrictions imposed by state and federal law. The relationship is noncontractual and extends for an indefinite period of time until either the employer or the employee terminates the relationship.

The policies set forth in this manual are not intended to create a contract, nor are they to be construed to constitute contract obligations of any kind, or a contract of employment between Boone County and any of its employees. The terms and conditions of employment for employees who have a contract with Boone County which is signed or approved by the Boone County Commission are subject to the policies set forth in this manual, but only to the extent that the contract does not alter or supersede these policies as they now exist or are from time to time amended. The provisions in this manual may be changed at any time by action of the Boone County Commission.

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1.2: APPLICATION FOR EMPLOYMENT:

All applications for employment should be made on current forms approved by the Boone County Commission and distributed by the Human Resources Department. Applications may require details concerning education, experience, reference, and other pertinent information. All applications should be signed by the applicant attesting to the accuracy and truthfulness of the information provided. Applicants are encouraged to include resumes when appropriate for the position but may not substitute a resume for the application. Refer to the Human Resources Department for specific information.

Any misrepresentation, falsification or material omission in any of this information may result in the exclusion of the individual from further consideration for employment or if the person has been hired, termination of employment.

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1.3: EMPLOYMENT REFERENCE:

To ensure that County employees are well qualified and have a strong potential to be successful, the County will check applicants' references and perform background checks when appropriate. The Human Resources Department or the Administrative Authority retains the right to request verification of education, experience, and other information provided by the applicant. The Administrative Authority is defined as the elected county official, department head, or person designated by them to perform in a supervisory capacity.

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1.4: EMPLOYMENT CLASSIFICATIONS:

The County has established a set of pay ranges that include a minimum and maximum rate of pay for each range. Similar positions are grouped into similar pay ranges. All County positions are classified according to this set of ranges. These classifications do not guarantee employment for any specified period of time nor do they affect the at-will employment relationship between the employee and County.

 

 

1.5: POSITIONS:

  1. Full Time Position: Full time employees are budgeted for 2080 work hours per year annually in each budget year.

  2. Part Time Position: Part time employees are budgeted for less than 2080 work hours per year annually in each budget year.

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1.6: BENEFITED AND NON-BENEFITED POSITIONS:

Upon approval by the County Commission, a position may be eligible for benefits if it is budgeted for a minimum of 1,000 work hours per year. Accrual rates for sick, vacation, and holiday pay are pro-rated based upon the budgeted hours for the position.

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1.7: TEMPORARY POSITIONS:

Temporary employees are those who are hired as interim replacements, to temporarily supplement the work force or to assist in completion of a specific project. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change by their Administrative Authority. Temporary employees receive legally mandated benefits, such as workers' compensation insurance and Social Security, but they are ineligible for the County's other benefits. If a temporary employee is transferred to a benefit eligible position, without a break in service, the employee will receive a balance of vacation and sick leave calculated from the first day of temporary employment. The employee will be credited with the length of service from the initial date of hiring by the County for the purpose of determining the monthly vacation accrual rate.

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1.8: POSITION DESCRIPTIONS:

The Human Resources Department will strive to keep on file updated job descriptions which will include:

  1. Description of work, including the essential functions for the position.

  2. Qualifications necessary for the position, such as experience and education requirements.

  3. Skills and abilities needed for the position.

  4. Physical requirements of the position.

  5. Miscellaneous requirements for the position, such as licensing or certifications.

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1.9: POSITION CHANGES:

If an employee is hired by the County, but paid by the State, and the employee transfers to the County payroll with continuous service, accrued annual leave will not be assumed by the County, but will be paid by the State upon termination of State employment. The employee will be credited with the length of service from the initial date of hiring by the County for the purpose of determining the monthly accrual for annual leave.

Employees who transfer within and between Departments/Offices of the County will retain their accrued leave time benefits (i.e. vacation and sick balances and accrual rates).

Employees who are elected and serve as Boone County Office Holders will be compensated for vacation balance not taken prior to the start of his/her term of office. This compensation will be made on the first payday after the start of the elected official's term based upon the rate of pay of the previous position.

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1.10: EMPLOYEE RECORDS:

The Administrative Authority will maintain a complete personnel record for each employee.This file may include: job application, resume, classification and salary changes, bi-weekly time records reflecting time worked including compensatory time and/or overtime, special leaves of absence, vacation, sick and medical leave, evaluations, meritorious achievements or disciplinary actions, all reports related to employee appeals or disputes, letters of resignation, and all other correspondence generated by the employee, the immediate supervisor or Administrative Authority related to the employee's job performance or duties.Individual employee personnel files maintained by Administrative Authorities shall be open and accessible to the employee during their employment upon written request and approval of the Administrative Authority.However, the employee may not have access to pre-employment information.An individual employee's personnel file shall not be available to the employee after the employee ceases employment with the county unless requested in writing by the employee and the Administrative Authority approves the request.

Subject to any provisions of the law requiring access to employee records, the records maintained by any Administrative Authority for county employees are considered the property of Boone County, Missouri, as employer, and not the property of the employees.Employee records in personnel files shall be closed records except for the employee's name, title, date(s) of employment, rate of pay and salary history.

The County Clerk's Office will maintain a personnel file on each employee which may contain: original application for employment; pre-employment reference; personnel action forms; information regarding rate of pay; benefit status; and any record required for benefit reporting reasons (i.e. FICA, Federal and State taxes, etc.).The information contained in the personnel file regarding the employee's name, title, date of employment, rate of pay, and salary history is open and available to the public for inspection and copying.All other information contained in the employee's personnel file may be made available to persons other than those noted above only upon written approval signed by the employee and the Administrative Authority.

Post employment references – Administrative Authorities shall not be obligated to provide post-employment references for employees who cease working for the county.Any post-employment reference request by a prospective employer for a former county employee made in writing to which the Administrative Authority desires to respond shall be made in writing consistent with requirements of Section 290.152RSMo. and a copy of such reference shall be provided to the employee as required by that section.

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1.11: SIX-MONTH PROBATIONARY PERIOD:

A probationary period of six (6) months will follow initial employment.This time should be regarded as an integral part of the employment process and utilized for observing the employee's work, ensuring the ability to perform the duties as assigned, and replacing any employee whose performance does not meet the required standards.At the option of the Administrative Authority, the probationary period may be extended by written notice to the employee for not longer than a total probationary period of twelve (12) months.

New County employees do not accrue vacation hours during the probationary period.Upon successful completion of the probationary period, vacation hours are calculated from the initial date of hire.However, probationary employees may use accumulated sick leave hours according to the Sick Leave Policy in this manual.Employees serving a probationary period are ineligible to receive merit increases.However, upon successful completion of the probationary period, the Administrative Authority may award, in one lump sum, the merit money assigned to that position which accumulated during the probationary period (in the current fiscal year only), if available.The new rate of pay will be effective on the date of the award, not the date of hire.

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(Revised 4/3/01)

 

1.12: SIX-MONTH QUALIFYING PERIOD:

A qualifying period of six (6) months will follow a transfer from one position to another position.This time should be regarded as an integral part of the employment process and utilized for observing the employee's work, ensuring the ability to perform the duties as assigned, and replacing any employee whose performance does not meet the required standards.At the option of the Administrative Authority, the qualifying period may be extended by written notice to the employee for not longer than a total qualifying period of twelve (12) months.

Employees who are serving a qualifying period may use accumulated vacation hours during the period subject to Administrative Authority's approval.

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1.13: PERFORMANCE EVALUATIONS:

Upon completion of the probationary period, the Administrative Authority may furnish the employee with a written evaluation of job performance that may be included in the employee's personnel file. Administrative Authorities are required to certify that a current annual evaluation exists prior to providing merit increases. The Administrative Authority and the employee are strongly encouraged to discuss job performance and goals on an informal, day-to-day basis. Additionally, the employee's Administrative Authority should conduct an annual performance evaluation. This review provides the Administrative Authority and the employee an opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths, and develop positive, purposeful approaches for meeting goals. Performance evaluations become a part of the employee's permanent personnel file. These evaluations may be used in awarding promotions or pay increases or in determining whether disciplinary action is required.

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1.14: EMPLOYMENT SEPARATION:

An employee resigning from County employment shall present a written resignation to the Administrative Authority prior to the disbursement of last compensation. Employees are encouraged to provide as much notice as possible and to follow these guidelines:

  1. Non-Exempt (Hourly Paid) Employee - 2 Weeks
  2. Exempt (Salary Paid) Employee - 2 Weeks
  3. Supervisory/Management Employee - 4 Weeks

The examples listed below are some of the most common circumstances under which employment is terminated:

Since employment with Boone County is based upon mutual consent, both the employee and the County have the right to terminate employment at will, with or without cause, at any time. Any accrued, vested benefits that are due and payable at termination required by law will be paid. Some benefits may be continued at the employee's expense if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance. (For further explanation, refer to the Employee Benefits Section, Benefits Continuation - COBRA).

Employees are encouraged to remain in contact with the County to maintain a permanent mailing address for future benefits.

Final Check: The official date of termination shall be the date of the employee's last day in attendance at work. Provided the policies in this section have been adhered to, payments due the employee, including eligible leave benefits, shall be made as follows:

Wages due and payable at the time of termination will be paid on the next regular payday unless an employee submits a written request to the Administrative Authority for payment to be made within seven (7) days.

The Administrative Authority assisted by the County Clerk's Office will investigate any disputed compensation amounts.

Lump Sum Payment of Accrued Vacation Leave: All benefited employees who voluntarily terminate their employment and comply with the provisions of these policies shall be eligible for a lump sum payment for unused vacation leave (up to three times the employee's annual accrual amount). Payment will be made according to the provisions described above. Employees who voluntarily terminate their employment without complying with these provisions may be denied lump sum payment for unused vacation leave. Employees retiring at the end of the County's fiscal year (i.e., December 31st), please refer to Section 2.4 Vacation Leave for further information.

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(Revised 1/1/09)

 

1.15: EQUAL OPPORTUNITY INSTITUTION:

Boone County does not discriminate against any employee or applicant for employment due to age, race, religion, skin color, gender, national origin, veteran status or disability. However, there are positions which include citizenship or mobility as a bonafide occupational requirement. Boone County accommodates working conditions to the religious observances and practices of all employees unless doing so interferes with the purpose of the agency.

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1.16: AMERICANS WITH DISABILITIES ACT/HUMAN RIGHTS LAW:

Boone County does not discriminate against persons with disabilities. Job applicants are not asked about disabilities in the employment selection process except, as it would relate to performance of the essential functions of the position. In addition, if the employee can perform the essential functions of the position, the county makes reasonable accommodations for the physical and mental limitations of employees or applicants unless the accommodations impose an undue hardship on the employer.

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SECTION 2: EMPLOYEE BENEFITS

The County Commission establishes benefits offered to Boone County employees annually through the budget process. Any County employee in a full-time or regular part-time budgeted position for at least 1,000 hours in a calendar year is eligible for benefits. These benefits may change based upon factors that sometimes cannot be predicted. Specific benefit information is included in Appendix A.

(Revised 1/1/07)

 

 

2.1: RETIREMENT:

Eligible employees are enrolled in the County Employees Retirement System under the provisions of state statute. The County may have additional retirement programs as outlined in Appendix A.

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2.2: HOLIDAYS:

The County Commission designates holidays for each calendar year (See Appendix A). These are specified by state statute and may include other holidays declared by the Governor of the State of Missouri. Christmas Eve is not a holiday except by Commission order. Time off shall not be compensated except as outlined in the Vacation Leave policy (Section 2.4).

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2.3: HOLIDAY PAY:

Benefited employees receive holiday pay for holidays occurring during their employment. Holiday pay for full time employees is eight (8) hours of regular pay. Holiday pay for part time employees is computed as follows:

(Number of budgeted hours for position per year/2080 hours)* 8 hours * hourly rate

If a benefited employee works on a holiday, he/she will receive both eight (8) hours of holiday pay and compensation for actual hours worked.

In order to receive holiday pay, an employee must be on the payroll the workday immediately before and the workday immediately following the holiday.

If a holiday occurs within an employee's vacation or sick leave, time will not be chargeable to the employee's accumulated vacation or sick and medical leave balance. Employees who terminate their employment, for any reason, shall not be eligible for holiday pay unless he/she is in attendance at work on the day before and the day after a holiday.

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2.4: VACATION LEAVE:

Vacation leave should be scheduled and approved in advance according to policy established by the Administrative Authority. Benefited full time employees accrue vacation leave according to length of employment, as follows:

Years of Service Accrued Vacation Days Per Year Accrued Rate Per Pay Period
0 - 1 year
10 days
3.08 hours
1 - 2 years
11 days
3.38 hours
2 - 3 years
12 days
3.69 hours
3 - 4 years
13 days
4.00 hours
4 - 5 years
14 days
4.31 hours
5 - 10 years
15 days
4.62 hours
10 + years
20 days
6.15 hours

Temporary employees are non-benefited and therefore do not accrue vacation leave. However, if a temporary employee moves to a benefited position without interruption of service, he/she will be credited with vacation leave from the date of initial employment.

New employees do not accrue vacation hours during the probationary period. Upon successful completion of the probationary period, vacation hours are calculated from the date of initial employment.

Benefited employees with less than 80 compensatory hours for any bi-weekly pay period receive a pro-rated vacation accrual.

An employee entitled to vacation leave who resigns or otherwise separates from the County shall be entitled to receive reimbursement for the amount of accrued vacation leave which does not exceed the maximum allowable accumulation. The maximum allowable accumulation (cap) is equal to three times their annual accrual rate.

Prior to January 1, 2009, employees may convert any existing balance of their vacation leave over the cap to sick leave. Thereafter, on an annual basis*, any balance over the cap of the maximum vacation leave accumulation will be converted to the employee's sick leave balance. Once a conversion becomes effective, it cannot be changed.

*After January 1, 2009, excess vacation hours over three times cap automatically converts into sick leave on the employee's anniversary date.

Lump Sum Payment of Accrued Vacation for Employees Retiring at the end of the County's fiscal year: All benefited employees who retire at the end of county's fiscal year shall be eligible for a lump sum payment for unused vacation leave. An employee who is retiring at the end of the county's fiscal year can submit a written request to their Administrative Authority for a special check to be paid and dated in the current year. The Administrative Authority forwards the request to the County Clerk's Office for the lump sum payment.

No employee may have a negative vacation balance.

Paid sick and vacation leave or a County disability plan may be used to supplement any payments an employee is eligible to receive from worker's compensation insurance. The combination of worker's compensation payments, disability plan payments, paid sick and vacation leave cannot exceed the employee's normal weekly earnings.

(Revised 1/1/09)

 

2.5: VACATION ACCRUAL FOR FORMER EMPLOYEES:

Benefited employees who terminate their service with the County and are re-hired within one (1) year in a benefited position will accrue vacation leave based on their original hire date.

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2.6: SICK LEAVE:

Employees are required to provide notification of the need to use sick leave according to the policy established by the Administrative Authority. Benefited full time employees accrue sick leave at the rate of one (1) day per month. Benefited employees with less than 80 compensatory hours for a pay period receive a pro-rated sick leave accrual for that pay period. Employees may use their sick leave under the following conditions:

  1. The employee is unable to perform his or her duties due to illness or injury.

  2. Medical or dental care of an employee or dependent (immediate family).

  3. The employee has been exposed to a contagious disease(s) and may endanger others through contact.

  4. Illness of employee's spouse, child, mother, father, brother, sister, legal wards,mother-in-law, and father-in-law requiring the employee to attend or care for such individual under the directives of a licensed physician.

  5. Pre-natal and post-natal care under the directives of a licensed physician.

A written statement may be required as confirmation of the above. If the requested statement is not provided, sick leave with pay may be terminated and the employee may be placed on leave without pay. Sick leave with pay may be denied unless such a report has been made.

Use of sick leave shall be granted for proper cause and concern for the employee's future welfare and therefore it is not an inherent right of the employee to be absent from work. As such, identifiable misuse of sick leave shall be just cause for disciplinary action up to and including termination.

The employee upon termination forfeits sick leave balances.

Paid sick and vacation leave or a County disability plan may be used to supplement any payments that an employee is eligible to receive from worker's compensation insurance. The combination of worker's compensation payments, disability plan payments, and paid sick and vacation leave cannot exceed the employee's normal weekly earnings.

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2.7: SICK LEAVE FOR FORMER EMPLOYEES:

Benefited employees who terminate their service with the County and are re-hired within one (1) year in a benefited position will begin their accumulated sick leave balance at the level which it was when they originally terminated their employment.

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2.8: USAGE OF ACCUMULATED TIME:

The amount of vacation or sick time available for an employee's use is limited to the amount of time identified on the last paycheck stub. The time, which has been accumulated but not awarded during the current pay period, is not accessible to the employee. If additional time is needed, refer to "SECTION 5 - LEAVES OF ABSENCES".

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2.9: USAGE OF ACCRUED TIME:

An employee who is scheduled to work a shift and is subsequently absent due to vacation or sick leave will be required to use the number of vacation or sick hours which he/she was scheduled. However, if the Administrative Authority determines that the employee should be scheduled to work additional hours during that week, the employee has the following options:

  1. Receive their regular hourly compensation for hours worked in addition to compensation for used vacation or sick leave. The additional scheduled work hours will be paid at the employee's regular rate of pay. Overtime, at the 1.5 rate, will not be paid until the employee actually works over 40 hours during the work week.

  2. Substitute the additional worked hours for hours which were scheduled to be deducted from the employee's vacation or sick leave balance. If the employee chooses this option, she/he will substitute the additional worked hours on an hour for hour basis.

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2.10: PARKING POLICY:

Benefited employees who work downtown are provided with a parking permit at no cost that allows them to park on approved County owned lots. Parking permits are considered a benefit and privilege and not an inherent right of employment and will be issued upon completion of vehicle registration forms. The parking lots are filled on a first-come, first-serve basis. All employees are expected to treat other employees with courtesy and abide by all regulations. Any violations may subject an employee to revocation of their parking privileges.

    First Replacement

    $5.00

    Second Replacement

    $10.00

    Parking Violation and Tow Policy

(Revised 10/13)

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SECTION 3: COMPENSATION

 

3.1: WORK WEEK:

The work week begins on Monday and ends on Sunday for all Offices and Departments except for the Sheriff's Department that begins the work week on Saturday and ends on Friday.

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3.2: PAY PERIOD:

The pay period is two (2) work weeks for non-law enforcement employees and 28 days for law enforcement employees.

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3.3: PAYDAY:

Payday for all employees shall be the Friday following the end of a two week pay period. Law enforcement employees' time sheets shall be submitted at the end of the four (4) week pay period. However, the law enforcement employee shall receive a bi-weekly paycheck. Pay and leave balances for law enforcement employees shall be adjusted on every other paycheck to reflect the time sheets.

 

3.4: TERMINATION PAY:

Refer to "SECTION 1.14; EMPLOYMENT SEPARATION".

 

3.5: TIME KEEPING:

This section applies to all employees who are not exempt from Federal and State laws applying to overtime.

Each employee is responsible for accurately recording and reporting his/her time worked. Federal and State laws require the County to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is defined as all time actually spent on the job performing assigned duties.

Employees must sign their time records to certify the accuracy of all time recorded. Administrative Authorities will review and sign the time records before submitting them for payroll processing.

The County Clerk's Office establishes policy concerning submission of time sheets. If an employee fails to submit a time sheet to the Administrative Authority, his/her paycheck may be delayed.

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3.6: ADMINISTRATIVE PAY CORRECTIONS:

The County takes all reasonable steps to ensure that employees receive accurate and prompt compensation. In the event there is an error in compensation or benefits, employees should promptly notify the Administrative Authority. Every effort will be made to correct errors.

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3.7: SALARY ADJUSTMENTS:

The County Commission may appropriate funds in the annual budget for salary adjustments. Employees who are being compensated at a rate that is higher than the top of their identified salary range will not receive increases. In general, there are two (2) categories:

  1. Merit Increase: This increase is allocated by the Administrative Authority from funds authorized by the County Commission and is based upon employees' documented meritorious performance. Increases may vary from employee to employee depending upon performance levels. Employees who are being compensated at the top of their salary range will not be eligible for merit increases.

  2. Cost-Of-Living Adjustment: This adjustment is provided to all eligible employees. The County's salary ranges will be adjusted by the amount authorized for the across-the-board increase for that fiscal year.

Exception: An employee whose position is re-classified to a lower pay range is eligible for increases until he/she reaches the top of the former range.The top of the former range is frozen.When the top of the new range exceeds the former range, the employee is eligible to receive the across the board adjustment.(See #2).

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3.8: CALL BACK PAY POLICY:

A non-exempt employee who is called back into work at a time which is not his or her normal working hours or days will be compensated a minimum of three (3) hours.

The hours paid for Call Back will not be credited toward hours "worked" in the week for overtime purposes. Only actual worked hours will be used for computing overtime hours.

If a staff member is called back to work and then leaves and is called back again within the original three (3) hour window, he/she will be paid for the initial three (3) hours plus any time worked in excess of the minimum hours.

(Revised 1/27/04)

 

3.9: TEMPORARY EXTRA RESPONSIBILITY PAY:

An employee temporarily having additional duties or responsibilities may be considered for extra compensation. Such additional compensation must be approved by the Administrative Authority and shall be subject to budget approval and allocation.

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3.10: SHIFT DIFFERENTIAL:

Shift differential as outlined in this policy applies only to normally or regularly scheduled hours.

Non-exempt employees are eligible for shift differential for hours worked during the evening and night or for hours worked on an official county holiday or weekend (i.e., Saturday or Sunday). An employee must work the scheduled hours in order to receive the shift differential.

Employees will receive the hourly shift differential amount approved in the annual budget for a scheduled shift that begins on or after 12:00 noon and before 6:00 a.m. Scheduled hours that begin on or after 6:00 a.m. and before 12:00 noon are not eligible for shift differential. Shift differential does not apply in situations where an employee is required to work additional hours beyond their normal schedule on a periodic scheduled or unscheduled basis (e.g., to cover an evening/night meeting, election workers on election night, for snow removal, etc.)

A shift beginning anytime during a holiday or weekend would qualify for the differential. An employee will only be paid for one shift differential.

Shift differential will be included in calculating overtime compensation as required by the Fair Labor Standards Act.

Administrative Authorities are responsible for identifying those positions and employees who are scheduled to work shifts eligible for shift differential and for requesting funding to provide for additional compensation. If the Administrative Authority re-arranges the work schedule to include evening and night hours in order to accommodate the employee, the County is not required to provide the shift differential.

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(Revised 10/21/10)

 

3.11: TRAVEL TIME PAY:

Employees will be compensated for travel time and overnight travel according to the Fair Labor Standards Act.

A copy of the Fair Labors Standard Act is on file in the County Clerk's Office and the Human Resources Department.


 

SECTION 4: WORK CONDITIONS AND HOURS

 

4.1: WORK SCHEDULES:

Work schedules shall be developed and may be modified as needed by the Administrative Authority, or the delegate supervisor, to meet the specific needs of a particular office or department of the County.

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4.2: OVERTIME:

In order to meet requirements of the Fair Labor Standards Act (FLSA), all County positions are classified according to the following categories:

  1. Class I: Employees exempt from overtime requirements of the FLSA.

    1. Employees in this class do not receive overtime compensation.

    2. Employees in this class are considered to be executive, administrative or professional. They are expected to work the hours necessary to complete their tasks; no compensatory time is granted or accrued.

  2. Class II: Non-law enforcement and non-union employees who are not exempt from overtime requirements of FLSA.

    1. Employees in this Class are covered under the FLSA and are required to submit time sheets covering the County's bi-weekly pay period in order to meet the record keeping requirements of the FLSA.

    2. County employees in this Class shall maintain time sheets that commence on Monday and end on Sunday for each week in the bi-weekly pay period. County employees working at the Sheriff's Department shall maintain time sheets that commence on Saturday and end on Friday for each week in the bi-weekly pay period.

    3. If the hours an employee actually works in a week exceed 40 hours (exclusive of time off granted and compensated for as sick leave, vacation, holiday, compensatory time, or special leave) the employee shall receive pay for each hour (or quarter increment thereof) over 40 at 1.5 times the employee's weighted average rate of pay for the pay period. Amounts will be paid on the payday after the time sheets have been submitted to the County Clerk. All other hours shall be compensated at the employee's regular rate of pay.

    4. If an employee works in excess of the normally scheduled work week in a week that includes time off granted and compensated for as sick leave, vacation, holiday, compensatory time or special leave but does not actually work in excess of 40 hours, the employee shall be compensated for those hours (or quarter hour increments thereof) at the employee's regular rate of pay.

    5. Overtime work shall not be compensated unless overtime work is specifically required or requested by the Administrative Authority. Claims for payment of unauthorized overtime may subject the employee to disciplinary action.

    6. Usage of Accrued Time: An employee who is scheduled to work a shift and is subsequently absent due to vacation or sick leave will be required to use the number of vacation or sick hours which he/she was scheduled. However, if the Administrative Authority determines that the employee should be scheduled to work additional hours during that week, the employee has the following options:

      1. Receive their regular hourly compensation for hours worked in addition to compensation for used vacation or sick leave. The additional scheduled work hours will be paid at the employee's regular rate of pay. Overtime, at the 1.5 rate, will not be paid until the employee actually works over 40 hours during the work week.

      2. Substitute the additional worked hours for hours which were scheduled to be deducted from the employee's vacation or sick leave balance. If the employee chooses this option, she/he will substitute the additional worked hours on an hour for hour basis.

  3. Class III: Law enforcement employees not exempt from overtime requirements of FLSA:
    1. Employees in this Class are covered under the FLSA and are required to submit time sheets covering the law enforcement 28-day work period in order to meet the record keeping requirements of the FLSA.

    2. County employees in this Class shall maintain time sheets that commence on Saturday and end on Friday for each of the four weeks in two (2) bi-weekly pay periods.

    3. If the hours an employee actually works in a 28 day work period exceeds 171 hours (exclusive of time off granted and compensated for as sick leave, vacation, holiday, compensatory time or specified leave) the employee will receive pay for each hour (or quarter hour increments thereof) over 171 at 1.5 times the employee's weighted average rate of pay for the pay period. Amounts will be paid on the payday after the time sheets have been submitted to the County Clerk. All other hours shall be compensated at the employee's regular rate of pay.

    4. If an employee works in excess of his normally scheduled work time in a 28 day period that includes time off granted and compensated for as sick leave, vacation, holiday, compensatory time or special leave but does not actually work in excess of 171 hours, the employee will be compensated for those hours (or quarter hour increments thereof) at the employee's regular rate of pay.

      Usage of Accrued Time: An employee who is scheduled to work a shift and is subsequently absent due to vacation or sick leave will be required to use the number of vacation or sick hours which he/she was scheduled. However, if the Administrative Authority determines that the employee should be scheduled to work additional hours during that week, the employee has the following options:

      1. Receive their regular hourly compensation for hours worked in addition to compensation for used vacation or sick leave. The additional scheduled work hours will be paid at the employee's regular rate of pay. Overtime, at the 1.5 rate, will not be paid until the employee actually works over 40 hours during the work week.

      2. Substitute the additional worked hours for hours which were scheduled to be deducted from the employee's vacation or sick leave balance. If the employee chooses this option, she/he will substitute the additional worked hours on an hour for hour basis.

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4.3: ATTENDANCE AND PUNCTUALITY:

Regular attendance and punctuality are expected of all County employees. Absenteeism and tardiness place a burden on other employees and may delay citizens transacting business within the County. When employees must arrive late to work or cannot work as expected or scheduled, they should notify their Administrative Authority as outlined by office or department policy.

Employees who are habitually tardy or fail to notify their Administrative Authority of their inability to report to work may be subject to loss of pay and other more serious disciplinary actions, up to and including termination of employment.

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4.4: INCLEMENT WEATHER POLICY:

When a staff member is delayed or prevented from reporting to work due to inclement weather, the employee should contact the work site as outlined by department policy. In the event the employee needs to leave work early, the individual will need to discuss this with the Administrative Authority or immediate supervisor.

Work time missed due to inclement weather may, with the Administrative Authority's approval, be made up in the following order:

  1. Made up by adjusting the work schedule for the work week. (NOTE: Due to the nature of the position's duties and responsibilities, this approach may not be a viable alternative in all situations.)

  2. Charged to the employee's accumulated vacation or sick leave time.

  3. Charged to leave without pay if the work schedule cannot be adjusted and the employee has insufficient accumulated compensatory, sick or vacation time.

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4.5: EMERGENCY CLOSING OF COUNTY SERVICES:

The Boone County Commission makes the decision to close County offices and departments for any reason or circumstance deemed appropriate or necessary. All employees will receive one (1) hour additional sick leave for each hour County operations are suspended up to a maximum of eight (8) hours. Employees in Offices and Departments that are required to stay open will receive the same amount of sick leave hours added to their balances.

In addition, employees who are in Offices and Departments that close have the options listed in the "SECTION 4.4 – INCLEMENT WEATHER POLICY". This policy does not apply when the offices and departments are closed for official paid holidays.

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4.6: BUSINESS AND TRAVEL EXPENSES:

Employees shall exercise restraint and keep the best interests of the taxpayers in mind when incurring travel expenses to be paid by the County. Administrative Authorities are responsible for authorizing business and travel expenses and for ensuring that employees comply with established policies. Prior to traveling, Administrative Authorities and/or employees are encouraged to review the most recent revisions to these policies.

Administrative Authorities are responsible for documenting and substantiating the business purpose of all expenses to be charged to the County and should be prepared to provide such documentation upon request. Travel expenses incurred by an employee for personal benefit or personal preference shall not be charged to the County. Travel expenses incurred by a family member or friend who may accompany an employee in authorized travel shall not be charged to the County.

Travel expenses are generally paid one of three ways (Refer to "Method of Payment" section below):

  1. Payment is made directly to the vendor (i.e., registration, lodging, airfare, etc.). This method is preferred, whenever applicable.

  2. Expenses are reimbursed to the employee upon filing a Claim for Reimbursement (i.e., mileage, M&IE per diem, shuttles, etc.).

  3. A cash advance is paid to an employee (restricted use only).

Allowable Expenses
  1. Meal and Incidental Expenses:

    Boone County will reimburse employees for meals and incidental expenses (M&IE) incurred while traveling away from home to perform official County business using the applicable federal per diem rate. M&IE rates are available on the Internet at www.gsa.gov/perdiem . Select a year and click on the state. Rates are set by federal fiscal year, effective beginning each October 1st. CONUS rates will determine the per diem amount. The Standard CONUS rate applies in all areas where a Special CONUS rate has not been established.

    "Travel away from home" is defined by the IRS as overnight travel or travel such that:

    1. The employee's duties require them to be away from the general area of their home substantially longer than an ordinary day's work (must be in travel status 12 hours or more); and

    2. The employee needs to sleep or rest to meet the demands of their work while away from home. (Merely napping in their car does not satisfy the rest requirement).

    If an employee is eligible to receive an M&IE per diem, a pro rata per diem will apply if the County is paying for any of the employee's meals as part of the registration fee or overall package for the trip, as indicated in brochures or written descriptions of the trip itinerary. A deduction shall be made in the daily travel per diem request. Meals to be included in this per diem reduction will include banquets, buffets, plated meals, or boxed lunches that are identified in written descriptions relating to the trip schedule. Receptions and continental breakfasts should also be included in the per diem reduction unless otherwise approved by the Administrative Authority.

    Employees are authorized 100 percent per diem for Meals & Incidental Expenses (M&IE), except for the first and last day of official travel. On the first and last day of official travel, employees are authorized 75 percent M&IE. The 75 percent allocation will be applied to the applicable M&IE for the first and last days, after having made any pro-rata adjustments described above. The County shall pay per diem based on all applicable IRS rules and regulations to insure that neither the County nor the employee incurs any tax liability for M&IE.

    An Administrative Authority and/or employee may request reimbursement based upon actual expenses, not to exceed the allowable per diem. An Administrative Authority may require an employee to collect or submit receipts to justify meals expenses.

  2. Mileage, Airfare, or other Commercial Transportation:

    When official travel is authorized, an employee's private car may be used and business mileage reimbursement may be paid at the maximum rate authorized by the IRS, or the rate authorized by the County Commission in the annual budget, if different. The IRS rate is published at several websites, including http://www.gsa.gov (search for Privately Owned Vehicle (POV) reimbursement rates) and http://www.irs.gov/index.html (search for standard mileage rate.).

    Business mileage is the difference between the distance traveled for official work purposes and regular commuting mileage. Commuting mileage is any travel to/from home and the regular place of work, regardless of time of day, frequency, or call backs to the work place. Employees will only be reimbursed for business mileage in excess of regular commuting mileage.

    For out-of-state travel, the Administrative Authority is responsible for selecting the mode of travel most economical and appropriate for the County. An employee may use an alternate means of transportation (such as driving his/her personal vehicle), if approved by the Administrative Authority. In this event, transportation reimbursement paid to the employee for costs incurred for the alternate means of transportation shall not exceed the amount that would have otherwise been paid for the most economical and appropriate mode of travel.

    Whenever an employee is granted permission to use an alternate means of transportation for out-of-state travel, documentation of the amount that would have otherwise been paid for the most economical and appropriate mode of travel must be provided in order to claim reimbursement for travel expenses. Documentation may include, but is not limited to, travel fare price quotes (net of all usual and customary discounts such as advance booking discounts), quoted parking fees, and quoted taxi service or shuttle service that would have been incurred if the usually acceptable commercial transportation had been used. For airline travel, the quote should reflect the cost of coach class.

    Employees traveling in a County car should submit receipts for refueling the County car, if applicable, rather than requesting mileage reimbursement.

    Any traffic fines imposed while traveling on County business are the responsibility of the employee.

  3. Rental Car, Cab Fares, Shuttle, or Other Transportation Fees:

    Employees may be reimbursed for reasonable expenses such as shuttle service, cab fares, limousine service, bus rides, rental car fees, and other forms of transportation required for business purposes. The employee shall, at all times, attempt to secure the least costly form of transportation. Employees must provide a written explanation for car rental and/or unusual transportation fees. Employees may be requested to provide written justification that the selected transportation was the most suitable and economical means of transportation available.

  4. Room Accommodations:

    The County pays for single rate occupancy for overnight lodging pertaining to official County business. Employees should inquire about applicable discounts, such as conference rates and government rates.

    If motel or hotel accommodations are located in Missouri, a Missouri Tax Exemption Form must be used either at time of reservation or when paying the bill upon checkout. The Tax Exemption Form should be obtained from the Administrative Authority. The County will not pay or reimburse Missouri Sales Tax.

  5. Registration Fees for Seminars, Conferences and other Training:

    The County will pay the costs for registrations pertaining to authorized training. Employees are encouraged to take advantage of all available discounts.

Methods of Payment

  1. Prepayment of Travel Expenses Directly to Vendor

    Administrative Authorities may request advance payment for registration, travel fare, meals & incidental expense (M&IE) and room accommodation. Requests for payment should include documentation, consisting of but not limited to, original invoices, official registration forms and confirmations, or official FAX or e-mail confirmations. All prepayments (except for per diem M&IE) will be made payable to the respective agency, organization, airline, travel agency or hotel: checks for these expenses will NOT be made payable to the Administrative Authority or employee. However, the checks may be returned to the Administrative Authority or employee for personal delivery, if requested.

  2. Reimbursement to Employee

    Employees requesting reimbursement for mileage only, may use the Mileage Claim Form. Employees requesting reimbursement for mileage and/or other types of travel expenses should use the Claim for Reimbursement Form. The form should be completed in its entirety. The form should be signed by the employee and the Administrative Authority.

  3. Travel Cash Advance[s] Paid to Employee

    An employee may request pre-payment of per diem M&IE by completing and submitting the Request for Employee Travel Advance Form. Pre-payment of per diem M&IE will be paid directly to the employee.

    A request for a travel cash advance must be approved and signed by the Administrative Authority and is restricted to situations requiring at least one overnight stay and where the Administrative Authority believes non-payment of a travel cash advance will impose a financial hardship on the employee. Travel cash advances will not be made for expenses that could have been handled as a prepayment of travel expenses (see above). Supporting documentation justifying the need for the requested amount must be attached to the requisition.

    Any unused portion of the travel cash advance must be promptly returned to the Boone County Treasurer. The amount of travel cash advance constitutes indebtedness to the County until liquidated by filing a journal entry and/or a final Claim for Reimbursement Form. A copy of the approved Request for Employee Travel Advance Form must be attached. These documents should be signed by the Administrative Authority and submitted to the Auditor's Office within 10 days of return from travel. Failure to file the necessary documents may result in a payroll withholding for the amount of the travel cash advance.

  4. County Credit Card Use

    Employees issued a County travel credit card may only charge items and services for appropriate travel expenses while traveling on County business and they must adhere to all County policies governing credit card usage. Employees should contact their Administrative Authority with any questions regarding use of county credit cards.

    (Revised 11/3/05, Effective 1/1/06)

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4.7: NON - SMOKING POLICY:

Smoking is prohibited in all County buildings and pool vehicles.

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SECTION 5: LEAVES OF ABSENCE

 

5.1: FAMILY AND MEDICAL LEAVE ACT POLICY:

The Family and Medical Leave Act (FMLA) recognizes that there are times when an employee must cease working temporarily due to personal illness, a family member's illness or other family responsibilities. Through the enactment of the FMLA the United States Congress established a minimum labor standard to balance the demands of the workplace with the needs of families. The FMLA entitles eligible employees to job protected leave in certain circumstances.

  1. Eligible Employees

    To be eligible for Family and Medical Leave Act leave, an employee must:

    1. Have been employed by the County for at least 12 months (need not be continuous); and

    2. Have at least 1,250 hours in pay status during the 12-month period immediately preceding the leave (unless absent for military caregiver leave).

  2. Policy

    Under this policy, the County provides eligible employees with:

    1. Up to 12 work weeks of unpaid, job-protected leave in a single, 12 month period for certain family and medical reasons, or

    2. Up to 26 workweeks of unpaid, job-protected leave in a single, 12 month period for eligible employees to care for a covered service member with a serious illness or injury, as specified in the County's Military FMLA Policy. In general, Military FMLA issues are addressed in Section 5.1(a) Military Family and Medical Leave Policy.

  3. Reason for Leave

    Eligible employees can take leave for any of the following reasons:

    • the birth of an employee's child, and care for the newborn child;

    • the placement of a child with the employee for adoption or foster care;

    • because of a serious health condition that makes the employee unable to perform the functions of the employee's job;

    • to care for the serious health condition of the employee's child, spouse or parent;

    • because of certain family and medical events as specified in the Military FMLA Policy.
  4. Notice of Leave

    If the need for FMLA leave is foreseeable, the employee must give the County at least 30 days prior written notice. Where the need for FMLA leave is not foreseeable, the employee is expected to notify the County as soon as is practical. When an employee becomes aware of a need for FMLA leave less than 30 days in advance, it should be practicable for the employee to provide notice of the need for leave either the same day or the next business day.

    The employee must comply with the usual and customary notice provisions for leave in place at each facility.

    Substitution of Paid Leave:

    1. The Administrative Authority of employees who request leave under FMLA for their own serious health condition or for the serious health condition of a family member may substitute accrued sick leave for unpaid leave provided that it meets those conditions outlined in the sick leave policy. {See Section 2.6: Sick Leave.} After sick leave has been exhausted, the Administrative Authority of employees may substitute accrued vacation leave for unpaid leave. Any use of approved paid leave runs concurrently with FMLA and is not considered a substitution for FMLA leave time.

    2. Employees who request leave under the FMLA for placement of a child with the employee for adoption or foster care may substitute accrued sick leave or vacation for unpaid leave with the approval of the Administrative Authority.

    3. When an employee substitutes paid leave for unpaid leave, and the substituted paid leave is less than twelve (12) weeks in duration, the Administrative Authority will provide an additional period of unpaid leave so that the total of paid leave and unpaid leave provided equals not more than twelve (12) weeks during any twelve (12) month period. The twelve (12) month period is measured forward from the date the employee first begins using FMLA time.

  5. Eligibility Notice/Rights and Responsibilities

    The County will provide employees who request FMLA leave with a notice of their eligibility for the leave or a reason why they are not eligible within five (5) business days of the leave request. At the same time, employees will be provided with a statement of their Rights and Responsibilities using form WH-381, Notice of Eligibility and Rights and Responsibilities. The relevant Medical Certification form will also be given to the employee at this time (see next section, #6). Forms are available from Human Resources or your supervisor.

    Exception for Key Employees:

    Because of the potential substantial and grievous economic injury that can occur when top-level executives are absent for several weeks, "key" employees may take FMLA leave but are not guaranteed the same rights to job restoration as other eligible workers. The determination of whether an employee is a key employee who is among the County's highest paid top 10 percent is made at the time the employee requests leave. The County is required to give key employees two types of notice: (1) that they are key employees, and , if the county determines that restoration would cause sufficient economic harm, (2) that the employee might be denied job restoration. Contact Human Resources if you are unsure whether the affected employee falls in this category.

  6. Medical Certification is Required

    Employees who request FMLA leave because of their own or a family member's serious health condition must submit a Medical Certification Form completed by the health care provider to support the leave request. If the leave is due to the employee's own serious health condition, form WH-380-E Certification of Health Care Provider for Employee's Serious Health Condition must be completed and returned to your supervisor. If the leave is due to a family member's serious health condition, form WH-380-F Cerfication of Health Care Provider for Family Member's Serious Health Condition must be completed and returned to your supervisor. These forms are available from Human Resources or your supervisor. The Medical Certification Form should be returned to the County within 15 calendar days after it is requested, or as soon as possible under the circumstances.

    If the Medical Certification Form returned to the County is not satisfactory, an employee will be told of the deficiencies in writing and given seven (7) days to complete the form. Failure to submit a complete and sufficient Medical Certification will be grounds for, and may result in, deferral or denial of the requested FMLA leave.

    If the medical information is inadequate, County representatives other than the employee's direct supervisor (i.e., HR professional, management official) may contact the employee's health provider directly to authenticate or clarify information on the certification without the employee's consent. If more complete information is needed regarding the nature of the health condition, the duration of leave, the need for intermittent leave, etc., the County representatives (other than direct supervisor) may directly contact the employee's health care provider after receiving the employee's Medical Information Release Form. A Medical Information Release Form is available from Human Resources or your supervisor.

    The County can request a second or third opinion regarding the employee's condition and treatment (at the County's expense). In the event of a conflict between the first and second opinions, the County may at its own expense, obtain a third opinion from a health care provider approved jointly by the County and the employee. This third opinion will be final and binding.

    All employees requesting an extension of any FMLA leave must provide a new Medical Certification (or its equivalent) of the need for continuing leave.

  7. Designation Notice

    Within five (5) business days (absent extenuating circumstances) of having enough information to determine whether the leave is FMLA eligible, the County will provide a Designation Notice Form WH-382 informing the employee whether or not leave is designated as FMLA leave and the amount of leave that will be designated, if known. This designation may be retroactive.

    Employees absent on medical leave for their own serious health condition will be required to provide medical certification of their fitness to return to work. If necessary, the Elected Official/Department Director may furnish to the physician or may attach to the designation notice a description of the job duties, including any physical requirements. Employees failing to provide the fitness-for-duty certification based on these essential job functions cannot resume work until such certification is provided. A Fitness for Duty Certification Form is available from Human Resources or your supervisor.

    In the sole discretion of the County, any leave that qualifies as FMLA Leave may be designated as FMLA leave. For example, the County may designate leave as FMLA leave without requiring a complete Medical Certification or a consultation with a health care provider.

  8. Duration of Family and Medical Leave

    Eligible employees will be entitled to up to a cumulative maximum of 12 workweeks of FMLA leave within a 12 month period unless leave is for a covered service member's care for which up to 26 workweeks are provided. Any combination of FMLA leave may not exceed the maximum of 26 workweeks in any single twelve (12) month period.

    To determine eligibility, the 12 month period is measured backwards from the date an employee's requested FMLA leave begins. The FMLA leave year will begin on the first day that the employee takes FMLA leave.

    A husband and wife who both work for the County are entitled to a combined total of 12 weeks leave in a 12-month period for the birth, adoption, or foster care placement of their child, or to care for a parent with a serious health condition. Both the mother and father are entitled to 12 workweeks of leave to care for a seriously ill child.

    In certain cases, leave may be taken on an intermittent basis or the employee may work a reduced schedule. Intermittent leave must be certified by a health care provider as necessary and should be scheduled to avoid disruption insofar as is reasonable.

    1. In the case of a serious health condition of an employee or a family member, when medically necessary, leave may be taken on a reduced leave schedule or intermittently.

    2. Unless the Administrative Authority and the employee agree otherwise, leave taken for the birth or adoption of a son or daughter cannot be taken on a reduced leave schedule or intermittently.

    3. Employees requesting intermittent or reduced schedule leave based on planned medical treatment may be required to produce medical certification outlining the dates and duration of treatment. A reasonable effort must be made, subject to the health care provider's approval, to schedule treatment so as to not unduly disrupt the County's operations. An employee must give 30 days notice, or as much notice as practicable of his/her intentions. The Administrative Authority may require an employee who requested foreseeable intermittent or reduced schedule leave due to planned medical treatment to transfer temporarily to an available alternative position if:

      1. The employee is qualified for the alternative position,

      2. The position has equivalent pay and benefits, and

      3. The alternative position better accommodates recurring periods of leave than the employee's regular position.

  9. Recertification

    An employee may be asked to recertify a serious health condition every 30 days (if the employee is absent during that period) for chronic/long-term illness or pregnancy. A recertification may be requested in fewer than 30 days, if:

    1. The employee asks for extensions of leave;

    2. The circumstances have changed; or

    3. The County has doubts about the employee's FMLA status (e.g., Monday/Friday absences).

    Employees will be required to have annual medical certification for their own serious health condition lasting more than one year, including chronic/lifelong ailments.

  10. Return to Work

    Employees returning to work from FMLA leave will be returned to the same or an equivalent position held prior to the leave, unless the position has ceased to exist because of business necessity. If the employee does not return to his or her original position or an equivalent one as soon as he is able, the County will consider the employee to have voluntarily resigned.

    Certain "key" employees may not be eligible to be reinstated to the same or an equivalent position at the conclusion of their FMLA leave. Any employee in the highest paid ten (10) percent of the County's workforce may be denied restoration to their position or an equivalent position at the conclusion of FMLA if certain criteria are met. The County will notify such employees of their "key employee" status and the conditions under which they may be denied reinstatement, if applicable.

  11. Employee Benefits

    The following information applies if the employee is on Family and Medical Leave:

    1. Insurance Benefits Remain Intact: An employee granted an FMLA leave will continue to be covered under the County's group health and life insurance plans under the same conditions as coverage would have been provided if they had been continuously employed during the leave period.

    2. Employee Contributions Required: Employee contributions will be required either by payroll deduction or direct payment, in advance, to the County for all insurance costs not normally paid by the County. Employee contribution amounts are subject to any rate changes that occur while the employee is on leave.

    3. Coordination of Paid Benefits: If paid sick and/or vacation is used to supplement any payments that an employee is eligible to receive, the combination of any such disability payments, worker's compensation, paid sick and/or vacation leave can not exceed the employee's regular hourly rate for a 40 hour work week.

    4. End of County Obligations: The obligation to maintain insurance benefits ends when an employees reports intent not to return to work at the end of the leave period, or if the employee fails to return to work after the Family Medical Leave entitlement is exhausted; or if the employee fails to pay insurance costs not normally paid by the County.

  12. Complaints and Enforcement

    If an employee requests and is denied Family Medical Leave, the employee may file a grievance directly with the Administrative Authority. Employees may contact the Human Resources Director regarding any complaints or to obtain information on their rights and responsibilities under the FMLA.

    The U.S. Department of Labor has legal authority and is required to receive, conduct investigations, and attempt to resolve complaints and to ensure compliance with Title I of the Family and Medical Leave Act.

    The County must make, keep and preserve records pertaining to their compliance with the general requirements for family and medical leave. These records can be subpoenaed. All employees' medical information must be stored in a separate file from the employee's personnel file.

    Revised 11/5/09

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5.1(a): MILITARY FAMILY AND MEDICAL LEAVE ACT POLICY:

  1. Eligible Employees

    An employee who is eligible to take leave under the Family and Medical Leave Act (FMLA) may be eligible for military family leave if:

    1. You have "any qualifying exigency" arising out of the fact that your spouse, son, daughter, or parent is on active duty, or has been notified of an impending call to active duty status in support of contingency operation; OR

    2. You are a spouse, son, daughter, parent or next of kin of a covered service member, who is recovering from a serious illness or injury sustained in the line of duty on active duty, in order to care for the service member.

  2. Policy

    Under the military FMLA policy, there are two types of leave available:

    1. Under the "active duty" leave, Boone County will grant you leave for up to twelve (12) workweeks of unpaid, job-protected leave in a 12 month period because of a qualifying exigency; OR

    2. Under the "military caregiver" provision, Boone County will grant military caregiver leave for up to 26 weeks of unpaid, job-protected leave in a single twelve (12) month period to care for a covered service member with a serious illness or injury.

    Unless specifically stated otherwise, procedures, notices and rights and responsibilities stated above as part of the County policy for traditional FMLA apply to military FMLA.

  3. Reasons for Leave

    Eligible employees can take leave for any of the following reasons:

    1. Because of any qualifying exigency arising out of the fact that a son, daughter, spouse, or parent of the employee is on active duty (or has been notified on an impending call or order to active duty) in the Armed Forces, National Guard or Reserves in support of a contingency operation who are deployed to a foreign country.

    2. To care for a covered service member with a serious illness or injury incurred in the line of duty while on active duty if the employee is the spouse, son, daughter, parent, or next of kin (nearest blood relative). This leave also covers a veteran who was a member of the Armed Forces, National Guard or Reserves during the previous five years and suffered an illness or injury while on active duty that manifested itself during or after the member was discharged from active duty.

  4. Who is a Covered Service Member?

    A covered service member is a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, who is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness. The serious injury or illness is covered if incurred while in the line of duty and renders the service member medically unfit to perform his/her military duties. The County will rely on authorized health care providers or designated officials of the Department of Defense to determine whether the service member is deemed a covered service member.

  5. Notice of Leave

    When the need for leave because of a qualifying exigency related to a family member's active duty is "foreseeable," the employee should provide notice as soon as practicable, regardless of how far in advance such leave is foreseeable. When an employee becomes aware of the need for FMLA leave less than 30 days in advance, it should be practicable for the employee to provide notice of the need for leave either the same day or the next business day.

    When military caregiver leave is requested, as with traditional FMLA, an employee must provide the County at least 30 days advance notice before FMLA leave is to begin if the need for the leave is foreseeable. If 30 days is not practicable, notice must be given as soon as practicable.

  6. Eligibility & Designation Notice

    Employees will receive the same Eligibility Notice and Notice of Rights and Responsibilities when requesting military FMLA leave as is given under traditional FMLA. The County will provide employees who request military FMLA leave with the appropriate certification form for Qualifying Exigency Leave or Military Caregiver Leave at this time. The Eligibility Notice/Rights and Responsibilities Notice is available from Human Resources or your supervisor.

    Within five (5) business days (absent extenuating circumstances) of having enough information to determine whether the leave is FMLA eligible, the County will provide a Designation Notice Form WH-382 informing the employee whether or not leave is designated as FMLA leave and the amount of leave that will be designated, if known. This designation may be retroactive. In the sole discretion of the County, any leave that qualifies as FMLA leave may be designated as FMLA leave.

  7. Certification for Leave Taken Because of a Qualifying Exigency

    The first time an employee requests leave because of a qualifying exigency, the employee must provide a copy of the covered military member's active duty orders or other documentation issued by the military indicating that the covered military member is on active duty or called to active duty status in support of contingency operations, and the dates of the covered military member's active duty service. The employee will need to supply such documentation again only for a different active duty or call to active duty status of the same or a different covered service member.

    A Certification Form for Qualifying Exigency Leave is available from Human Resources or your supervisor; it includes a list of approved qualifying exigencies. A completed Certification form is required to be granted this leave.

    The County also may contact an appropriate unit of the Department of Defense to request verification that a covered service member is on active duty or call to active duty status, without the employee's permission.

    The County may require confirmation of the employee's relationship with the service member at any time in this process.

  8. Certification for Military Caregiver Leave

    When an employee takes leave to care for a covered service member with a serious injury or illness, the County will require the employee to obtain a certification completed by an authorized health care provider of the covered service member. A Certification for Military Caregiver Leave Form is available from Human Resources. Except as stated above, a completed form is required to be granted this leave. The County may require confirmation of the employee's relationship with the covered service member at any time in this process.

    In lieu of any certification, the County will accept "invitational travel orders" (ITOs) or "invitational travel authorizations" (ITAs) issued to any family member to join an injured or ill service member at his or her bedside, regardless of whether the employee is named in the order or authorization. An ITO or ITA is sufficient certification for the duration of the time specified in the ITO or ITA. During that time period, an eligible employee may take leave to care for the covered service member in a continuous block of time or on an intermittent basis.

    The County may seek authentication and clarification of the ITO or ITA but will not seek a second or third opinion or a recertification during the period of time in which leave is supported by an ITO or ITA.

    If an employee will need leave to care for a covered service member beyond the expiration date specified in the ITO or ITA, the County will request that the employee have one of the authorized health care providers complete a certification form for the additional time. Timelines designated under the traditional FMLA policy will apply for return of such certifications.

    In all instance in which certification is requested, it is the employee's responsibility to provide the County with complete and sufficient certification and failure to do so may result in a delay or denial of FMLA leave.

    The County may seek authentication and/or clarification of the Certification Form but will not seek second or third opinions, or recertification for this military FMLA leave.

  9. Duration of Military Family and Medical Leave

    Eligible employees using qualifying exigency leave will be entitled to up to a cumulative maximum of 12 workweeks of FMLA leave within a 12-month period and are covered by the same policy provisions (as to Duration, Benefits, Return to Work, etc.) as employees requesting traditional FMLA leave, as detailed above.

    Employees using military caregiver leave alone or military caregiver leave in combination with traditional FMLA-qualifying leave or qualifying exigency leave, may take up to 26 workweeks of leave during any single 12-month period. The amount of leave taken for traditional and qualifying exigency is limited to a total of 12 workweeks; the difference may be taken as military caregiver leave. Any combination of FMLA leave may not exceed the maximum limit of 26 workweeks in that single 12-month period. Unused military caregiver leave is forfeited at the end of that 12-month period.

    With regard to military caregiver leave, if both a husband and wife work for the County, a husband's and wife's leave is limited to a combined total of 26 workweeks for military caregiver leave alone. The same 26-workweeks limitation applies when in combination with any other 12-workweek FMLA leave. (With the exception of caring for a seriously ill child that provides each parent with 12 workweeks of leave for a combined total of 24).

    In certain cases, leave may be taken on an intermittent basis or the employee may work a reduced schedule. Intermittent leave must be necessary and should be scheduled to avoid disruption insofar as is reasonable.

    (11/5/09)

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5.2: BEREAVEMENT LEAVE:

Benefited employees may be granted funeral leave with pay, not to exceed three (3) days, in the event there is a death in the immediate family. When circumstances causing hardship upon employees are involved, up to a total of five (5) days may be granted by the Administrative Authority. Additional leave with pay may be compensated from accumulated vacation or sick hours. Benefited employees may be granted leave with pay not to exceed one day for absence due to the death of a relative not considered immediate family. Immediate family is defined as an employee's spouse, children, parents, grandparents, grandchildren, brothers, sisters, the same categories of relative for the employee's spouse, or a member of the employee's immediate household.

The County Commission hereby authorizes up to two (2) hours funeral leave with pay to attend the funeral of a Boone County co-worker upon approval by the Administrative Authority.

(Revised 5/17/12)

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5.3: MATERNITY LEAVE:

Maternity leave is any period of absence due to pre-natal or post-natal care. Periods of maternity leave shall be treated as any other temporary disability. Maternity leave requests should be made and evaluated in accordance with the Family Medical Leave provision outlined in this manual.

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5.4: MILITARY LEAVE:

Employees will be allowed paid leave for annual military service as required by law. Orders for military service must be presented to the Administrative Authority before leave is approved.

(Revised 2/18/10)

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5.5: JURY DUTY LEAVE:

Employees are encouraged to fulfill their civic responsibilities by serving jury duty when required. Time taken off for jury duty is treated as hours worked and is considered in overtime calculations.

Benefited full-time and part-time employees will receive jury duty pay calculated on the employee's base pay times the number of hours the employee would otherwise have worked on the day of absence. Employees taking time off for jury duty shall be paid their regular wage excluding shift differential. Non-benefited employees will be given time off for jury duty without pay. Employees are to return to work once jury duty is completed.

Employees must give their Administrative Authority advance notice of the need for time off for jury duty. The notice must be given at the time they are called. A copy of the summons should accompany the request. Employees shall be entitled to retain all pay and per diem received for jury service.

(Revised 10/21/10)

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5.6: LEAVE OF ABSENCE WITHOUT PAY:

The Administrative Authority may grant an employee a leave of absence without pay, for justifiable personal reasons, not to exceed 30 consecutive days. An employee will be required to use all eligible accumulated time except when requested time is three (3) days or less. The Administrative Authority may grant three days or less without pay without requiring employee to exhaust applicable accumulated leave.

Leave without pay beyond three days shall not be granted until all eligible accrued annual and sick leave have been exhausted. No type of leave shall be earned during periods of leave without pay. If a holiday occurs during a leave of absence without pay, the employee will not receive holiday pay unless the employee works the day before and the day after the holiday. Leave of absence in excess of 30 days shall require County Commission approval.

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5.7: EXTENDED LEAVE OF ABSENCE WITHOUT PAY:

Employees who require more than 30 days off must use all eligible accumulated vacation and sick time prior to taking time off without pay. All such requests are subject to County Commission approval. No leave accruals will occur during this period of time. This policy does not apply to employees taking leave that falls under the Family Medical Leave Act.

Benefit Accrual: If the County Commission approves a leave of absence for more than 30 days, the County will pay the employee's insurance premiums for a maximum of 90 calendar days. Upon approval of the County Commission, this period may be extended.

If a leave of absence is granted for more than 90 days, and the County Commission has not approved such an extension, the cost of insurance will be borne by the employee. The employee will pay those premiums to the County on a monthly basis. The County shall continue coverage of the dependents of an employee only if the employee submits payment on a monthly basis.

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5.8: CARE LEAVE:

An employee may donate accrued vacation leave to another employee, provided that the employee receiving the donation is unable to work because of a Family and Medical Leave Act qualifying condition and has exhausted all eligible accrued leave. Any transfer of leave under this policy shall be subject to the approval of the Administrative Authority for the employee donating the leave and the Administrative Authority for the employee receiving the leave. Each hour of donated leave shall be considered an hour of leave the employee receiving the donation has accrued and shall be accounted to the employee receiving the donation at the employee's rate of pay. Each donation must be a minimum of 4 hours and any additional hours in one-hour increments. The request must be made on the approved forms that can be obtained from the Payroll Clerk.

This program shall comply with all requirements of the Health Insurance Portability and Accountability Act of 1996.

(Revised 1/27/04)

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5.9: ADOPTION LEAVE:

When an employee's personal care and attention is required in connection with the adoption of a child, loss of time that is supported by appropriate documentation will be referred to as adoption leave. Such leave will be charged against the employee's accumulated sick leave unless the employee elects to use annual leave or compensatory time. The final decision concerning the granting of leave under this section shall rest with the Administrative Authority and shall be based upon the degree to which the employee is responsible for providing personal care and attention. Adoption leave requests should be made and evaluated in accordance with the Family Medical Leave provision outlined in Section 5.1 of this manual.

(4/21/05)

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5.10: MISSOURI TASK FORCE ONE:

Employess who are called to serve with Missouri Task Force One are not given paid leave; however, they may request the use of accrued vacation or leave without pay. Activation orders must be presented to the Administrative Authority before leave is approved.


 

SECTION 6: EMPLOYEE CONDUCT AND PROCEDURES

 

6.1: PROFESSIONALISM:

Boone County employees represent County government and are particularly susceptible to public criticism. Therefore, all employees should conduct themselves in a professional manner. Honesty from every employee is expected and required while conducting County business.

Employees should always display professionalism and courtesy while dealing with the public. The employees can often prevent negative encounters with citizens, if employees remain calm and courteous.

Because County employees are working for the citizens of Boone County, the time spent on the job should be used to the fullest extent in order to maximize efficiency. Wasted time is costly and may be very damaging to the public's perception of County government.

State law governs public access to County records. Employees with access to closed records and information should keep them in strict confidence until public access is authorized. Questions concerning the status of records or information under the Open Meeting Laws should be directed to the appropriate Administrative Authority.

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6.2: PERSONAL APPEARANCE:

Each employee's appearance is a reflection of our County government. In addition, dress, grooming, and personal cleanliness standards contribute to the morale of all employees. Therefore, employees are encouraged to dress in an appropriate and professional manner consistent with their position.

County personnel perform a wide variety of duties. As a result, it is not possible to establish a specific dress code.

Administrative Authorities may establish specific dress codes. In the absence of an established dress code, the following items are considered inappropriate attire:

Employees should consult their supervisor or Administrative Authority if they have questions regarding appropriate attire.

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6.3: DRUG FREE WORK PLACE:

It is the policy of the County to provide safe, dependable, and economical services to its citizens, to provide safe working conditions for its employees, and to comply with the requirements of federal laws and regulations related to the Drug Free Work Place Act of 1988. It is also the policy of the County to provide healthy and satisfying working environments for its employees.

To promote this objective, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner.

No employee may use, possess, distribute, sell or be under the influence of alcohol or illegal drugs while on Boone County premises or while conducting business-related activities off County premises. Certain exceptions may be made in the case of law enforcement personnel. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace.

Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment or may require participation in a substance abuse rehabilitation or treatment program at the employee's expense. Such violations may also have legal consequences.

Employees who use County equipment which requires a Commercial Drivers License (CDL) are also subject to drug and alcohol testing regulations implemented by the Department of Transportation (Omnibus Transportation Employee Test Act of 1991).

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6.4: DRIVER'S LICENSE SUSPENSION/REVOCATION:

If an employee's state issued operator's license is suspended or revoked, the Administrative Authority will review the employment status in the current position, which may result in re-assignment to another position with a corresponding pay adjustment.

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6.5: VEHICLE ACCIDENT REPORTING PROCEDURE:

When an accident occurs involving the use of a County vehicle or an employee driving their own vehicle while on authorized County business, the employee must adhere to the following procedure:

  1. Employee must contact law enforcement (911) when a vehicle accident occurs involving a County owned vehicle. The concerned parties must complete an accident report. The steps outlined in the Workers' Compensation Procedures section of this manual should be followed in accidents where the employee sustains injuries.

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6.6: WORKER'S COMPENSATION PROCEDURE:

An employee at the scene of the accident should obtain as much information as possible from the other individuals involved in the accident and any witnesses. An employee should never assume financial liability for the County or responsibility for the accident. In addition, an employee must not sign any statement or talk with a representative of an insurance company or attorney without first talking to the County Clerk and then to the County's attorney. The employee involved in such an accident is required to notify employees of the County Clerk no later than the next working day by completing an "Employee Incident Report". The employee's supervisor will complete a "Supervisor's Incident Report".

All work-related injuries must be reported to the employee's Administrative Authority as soon as possible. The Administrative Authority will complete the "Report of Injury" forms.

  1. Reporting Requirements: Any individual who is involved in an accident resulting in personal injury shall report the incident to the immediate supervisor who shall in turn prepare the appropriate reporting forms as soon as practical following knowledge of an incident. This shall be done within three working days.

  2. Supplemental Pay: Paid sick and vacation leave may be used to supplement any payments that an employee is eligible to receive from worker's compensation insurance. The combination of any such disability payments and paid sick and vacation leave can not exceed the employee's regular hourly rate for a 40 hour work week. An employee accepting County-paid sick leave while performing work duties for another employer may be subject to disciplinary action up to and including termination.

  3. Health Care Provider: An employee injured on the job and requiring medical attention may select a health care provider of his/her choice. Employees are encouraged to contact the County Clerk's office to obtain a list of physicians who are part of the workers compensation preferred provider network. This network provides lower costs for medical services. Employees who leave their regular duties due to an injury will be compensated at their regular rate of pay while obtaining physician care.

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6.7: CONFLICT OF INTEREST:

Employees of Boone County government have an obligation and responsibility to conduct business within guidelines that prohibit actual or potential conflicts of interest. An actual or potential conflict of interest occurs when an employee is in a position to influence a decision regarding the County's business dealings that may result in a personal gain for that employee, relative or friend. Under Missouri law it is illegal for a County employee to:

  1. Perform any service for Boone County in which he is an officer or employee or over which he has supervisory power for receipt or payment of any compensation, other than the compensation provided for the performance of his official duties, in excess of five hundred dollars per annum, except on transactions made pursuant to an award on a contract let or sale made after public notice and competitive bidding, provided that the bid or offer is the lowest received.

  2. Sell, rent or lease any property to Boone County in which he is an officer or employee or over which he has supervisory power and received consideration therefore in excess of five hundred dollars per year unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real property, competitive bidding, provided that the bid or offer accepted is the lowest received;

  3. Participate in any matter, directly or indirectly, in which he attempts to influence any decision of any officer or employee or over which he has supervisory power, when he knows the result of such decision may be the acceptance of the performance of a service or the sale, rental, or lease of any property to that agency for consideration in excess of five hundred dollars value per annum to him, to his spouse, to a dependent child in his custody or to any business with which he is associated unless the transaction is made pursuant to an award on a contract let or sale made after public notice and in the case of property other than real estate, competitive bidding, provided that the bid or offer accepted is the lowest received;

  4. Perform any services during the time of his office or employment for any consideration from any person, firm, or corporation, other than the compensation provided for the performance of his official duties, by which service he attempts to influence a decision in which he is an officer or employee or over which he has supervisory power;

  5. Perform any service for consideration, during one year after termination of his office or employment, by which performance he attempts to influence a decision in which he was an officer or employee or over which he had supervisory power, except that this provision shall not be construed to prohibit any person from performing such service and receiving compensation therefore, in any adversary proceeding or in the preparation or filing of any public document or to prohibit an employee of the executive department from being employed by any other department, division or agency of the executive branch of state government;

  6. Perform any service for any consideration for any person, firm or corporation after termination of his office or employment in relation to any case, decision, proceeding or application with respect to which he was directly concerned or in which he personally participated during the period of his service or employment.

Any employee who suspects a conflict of interest may exist should discuss the issue with his/her Administrative Authority or the County Commission.

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6.8: OUTSIDE EMPLOYMENT:

Employees may not engage in outside work activities while on County time; employees who engage in outside work activities while on county time will be subject to discipline including but not limited to termination of employment.

Any income received for services provided by a County employee while being compensated by the County may subject the employee to a loss of pay from the County. Employees, with prior approval from the Administrative Authority, may utilize vacation or leave without pay time while fulfilling outside employment opportunities.

In addition, an employee should not use County property for any purpose other than for County business, except with written approval from the County Commission.

If the Administrative Authority determines that an employee's outside work interferes with his/her performance or ability to meet the requirements of the position, the employee may be asked to terminate the outside employment in order to remain an employee of the County government.

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6.9: SOLICITATIONS AND DISTRIBUTION:

Commercial or charitable solicitation by one employee of another is prohibited while either employee is on work time unless approved by the Administrative Authority, and then only when such solicitation does not interfere with normal work functions.

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6.10: COUNTY PROPERTY:

Equipment owned by Boone County is not to be used for non-County related reasons without prior approval from the Administrative Authority.

No equipment or furniture may be removed from County property unless the Administrative Authority has given permission.

Upon separation of employment, all County property in the possession of the employee should be returned to the County. Final monetary settlement, such as salary and expense accounts, will not be authorized until this requirement is observed.

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6.11: INAPPROPRIATE CONDUCT:

It is the policy and practice of the county to provide a work atmosphere free of harassment. Not only does harassing behavior effect turnover, absenteeism, and productivity, it may also be illegal and may cause the County to incur liability if not corrected after notification.

Harassment on the basis of age, sex, race, religion, ethnicity or disability may constitute unlawful discrimination under Title VII of the Civil Rights Act and is prohibited.

Information concerning behaviors identifiable as harassment as well as policies prohibiting such harassment are available through the Boone County Human Resources Department.

Harassment in the workplace is inappropriate and may be illegal. Any employee of the county who has experienced or witnessed harassment shall report the incident to a supervisor who is not involved in the offending conduct or the Internal Affairs Investigation Team (if you are an employee of the Sheriff's Department) or the Human Resources Director. The reporting shall be done in writing and a specific form will be provided for reporting purposes. The person(s) to whom the matter is reported will then do the following:

  1. Notify the Administrative Authority of the respective Office/Department unless that person is the subject of the complaint.

  2. Notify the appropriate supervisor unless that person is the subject of the complaint. In the event that the supervisor is the subject of the complaint, then the Administrative Authority and the Human Resources Director will follow the investigation procedure outlined below. (In the event that the Administrative Authority is a Department Head and is the subject of the complaint, the Human Resources Director will report the incident to the County Commission. In the event that the Administrative Authority is an Elected Official and is the subject of the complaint, the Human Resources Director will report the investigation to the Elected Official and the County's legal counsel.)

The Human Resources Director in cooperation with the appropriate Administrative Authority and/or Supervisor will investigate the complaint by doing the following:

  1. Interview the alleged harassment victim
  2. Interview the alleged harasser
  3. Interview any witnesses
  4. Review the records of victim and harasser
  5. Report finding to the appropriate Administrative Authority and Supervisor
  6. Follow-up with those involved

The Human Resources Director in cooperation with the appropriate Administrative Authority will make a determination as to the disposition of the complaint. If it is found that harassment has occurred, the Administrative Authority, Supervisor, and Human Resources Director will consider the number and/or severity of the violation(s) when determining remedial action and/or punishment of the offender. Punishment may include, but is not limited to termination of employment, suspension without pay, transfer of assignment, probation, written warning or verbal warning.

All documentation regarding a finding of harassing behavior shall be maintained in the offender's personnel file. Either the Administrative Authority, Supervisor or the Human Resources Director will follow-up with those involved, if necessary, to ensure that the problem has been resolved and that no retaliation is taking place. It may be necessary, at the time a complaint is received for the Administrative Authority to separate parties involved in a harassment investigation. As much as possible, this will be accomplished with as little hardship to either party. An employee who makes a false report of harassment shall be dealt with in the same manner as prescribed above for harassment offenders. If the victim believes the conduct in question constitutes a violation of criminal law, the victim shall be free to contact the Law Enforcement Agency having jurisdiction.

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6.12: WORKPLACE VIOLENCE:

It is the shared obligation of all employees, law enforcement agencies, and employee organizations to individually and jointly act to prevent or defuse actual or implied violent behavior at work.

Violence, or threat of violence, by or against any employee of Boone County or other person(s) is unacceptable and contrary to County policy, and will subject the perpetrator to serious disciplinary action up to and including immediate termination and possible criminal charges. The County will work with law enforcement to aid in the prosecution of anyone outside of the organization who commits violent acts against employees.

Possession, use, or threats of use of a deadly weapon, including all firearms, are not permitted at work, on County property or in a County vehicle, unless possession and/or use of a weapon are necessary and an approved requirement of the job.

No employee acting in good faith, who reports real or implied violent behavior will be subject to retaliation or harassment based upon their report.

Critical Incident Coordination:

When an employee, supervisor or Administrative Authority observes an act of violence at work the steps to take are simple, even though the underlying issues may not be.

  1. In Immediate Emergency Situations...CALL 911

    As with any other emergency involving fire, violence, or medical incidents, the first thought is to call 911 and report as many details as possible so that the appropriate emergency response units can be dispatched.

  2. Next Step - Immediately Contact:

    • County or Building Security,
    • The Respective Administrative Authority or designee, and
    • The Human Resources Director

    The Administrative Authority (or designee) is the Workplace Critical Incident Coordinator. The Human Resources Director (or designee) may be contacted at any time and will ensure those resources such as Labor Relations, Employee Benefits, County Attorney, and others as needed are coordinated for their support.

    Other steps following a critical incident at work will flow from this initial contact including disciplinary action for employees displaying violence.

  3. Disciplinary Action/Immediate Suspension With Pay:

    If the situation is serious enough that possible termination may be involved or the continued presence of an employee at the work site would not be appropriate given the altercation, or particular circumstances, an employee may be immediately suspended with pay. In addition, the employee may be ordered not to return to the work site until further advised. This action is unusual, but may be taken with the Administrative Authority's agreement, following consultation with the Human Resources Director.

Most workplace altercations, including minor ones involving only verbal exchanges, justify appropriate disciplinary action.

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6.13: PHONE AND MAIL SYSTEMS:

County telephones are intended for Boone County business. Personal calls may be made according to office or Department policy. Employees are required to reimburse the County for any long distance, toll call, cellular phone or fax charges resulting from their personal use of the telephone. Arrangements with the Administrative Authority for reimbursement shall be made within 30 days of notification with repayment within 90 days.

The Boone County Administrative Authorities shall have the determination of which employees will have long distance access in their department. Administrative Authorities shall also have determination of which phone lines would require an access code for an employee to complete a long distance call. All public lines shall require entry of an access code in order to complete a long distance call.

The County mail system is reserved for business purposes only. The postage machine cannot be used for personal mail.

(Revised 4/10/03)

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6.14: E - MAIL:

Please refer to the County's Acceptable Use Policy.

Revised (3/26/02)

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6.15: USE OF VEHICLES:

  1. Applicants for positions involving the operation of County owned vehicles are subject to drivers license verification. All operators of County owned vehicles will sign a release authorizing an annual verification of their license. An applicant who refuses to sign a release will not be considered further for employment. An employee's use of a County vehicle to drive from home to work (or for other personal reasons) will be considered as taxable income.

  2. Eligibility requirements for positions which require employees to drive County owned vehicles:

    1. Applicants:

      1. All applicants who are to be considered for a position which requires them to drive County owned vehicles shall submit their name and driver's license number to the appropriate authority for verification of their driving record.

      2. Applicants will not be considered for employment if their driving record shows more than six (6) points are currently charged against their license.

      3. No applicant will be hired if their driving record shows a Driving While Intoxicated (D.W.I.) conviction within the past three (3) years, a Blood Alcohol Content (B.A.C.) in the past two (2) years, or a license revoked on points in the past two (2) years.

    2. Current Employees:

      1. Employees who are required to drive County owned vehicles must maintain a valid State issued operator's license.

      2. Employees who drive an over-the-road or off-the-road vehicles and have more than six (6) points against their driver's license will be removed from any duty that requires them to drive a County vehicle. Employees will be removed until their points have been down graded to a point total of six (6) or less. If the time required for down grading their points is less than 90 days, employees may be paid at the same rate received before being reassigned or re-classified. If the time required is more than 90 days, employees may be reassigned to different positions and the rate of pay will be adjusted to the reassignment or re-classification pay scale.

      3. Employees who drive over-the-road or off-the-road vehicles and who have been convicted of D.W.I. may be removed from their driving duty and may be reassigned to different positions. Once employees' drivers' licenses have been reinstated, the employee will not be allowed to drive for a minimum interim period of one (1) year and then only when a driving position becomes available. If during that one-year interim period an employee acquires additional points against their drivers' license, they will not be allowed to drive for an additional year. Employees receiving additional points during this extended time will not be allowed to drive County vehicles at any future time.

        A. Due to the nature of some positions, Administrative Authorities and Department Heads may have more stringent policies than outlined in this section. Under those circumstances the more stringent policy shall prevail.

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6.16: ANTI-FRAUD POLICY

Fraud is defined as a "deception deliberately practiced to secure unfair or unlawful gain." This policy is established to prevent, detect and deter fraud. This policy applies to any fraud, or suspected fraud, involving elected officials or employees as well as consultants, vendors, contractors, outside agencies doing business with employees of the County, and/or any other parties with a business relationship with Boone County Government.

Fraud is an intentional act that results in the misappropriation of assets or the misstatement of financial reporting. Management is responsible for the prevention and detection of fraud, misappropriations, and other inappropriate conduct. Elected Officials and Department Directors shall be familiar with the types of improprieties that might occur within their area of responsibility, and be alert for any indication of irregularity. To report fraudulent activities, follow procedures outlined in the "Reporting Procedures" section of this document.

Actions Constituting Fraud

Some examples are (but not limited to):

Reporting Procedures

Fraud that is detected or suspected shall be reported immediately to the Boone County Sheriff and/or the Boone County Prosecutor. Any investigation into reported activities will respect the confidentiality of the complainant to the extent possible.

(04/21/05)


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SECTION 7: SAFETY

All County employees are responsible for safe implementation of job assignments. Prime consideration shall always be given to safety. The County endorses the spirit and intent of federal occupational safety and health legislation and endeavors to achieve compliance with reasonable requirements and procedures of these regulations. Implementation of the Safety Program is the responsibility of supervisors and Administrative Authorities.

 

7.1: SUPERVISORS' AND ADMINISTRATIVE AUTHORITIES' RESPONSIBILITIES:

Supervisors and Administrative Authorities shall be held responsible for the following:

  1. Establish and implement appropriate safety standards within their respective areas. This includes periodic review of accident cause and frequency as well as inspection and correction of safety hazards.

  2. Report all losses to the County Clerk's office on the day of the loss. If the loss occurs on a weekend or evening, notify the County Clerk's office the next working day.

  3. Ensure that all new employees (including seasonal, temporary, and part time) are made aware of safety policies, practices, and procedures.

  4. Promote and support the County's Safety Program.

  5. Immediately investigate accidents, and prepare all necessary forms for documentation and recommend ways to prevent future incidents.

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7.2: EMPLOYEES' RESPONSIBILITIES:

All County employees shall be responsible for the following:

  1. Be thoroughly familiar with safety requirements and practices applicable to work assignments.

  2. Actively observe safety practices and report unsafe or potentially dangerous conditions and accidents to the Administrative Authority or immediate supervisor.

  3. Refrain from engaging in horseplay, wrestling, hazing, and any other unsafe practice under penalty of disciplinary action up to and including dismissal.

  4. Wear protective equipment, use protective devices, and wear safety belts in all County vehicles so equipped.

  5. Report to supervisors any suspension, revocation or other loss or potential loss of the right to legally drive a motor vehicle if driving a County vehicle is a responsibility or privilege of the job.

  6. If an employee is responsible for driving County vehicles, then the employee must be properly licensed and receive the appropriate driver training at the time of employment or assignment to a vehicle.

  7. All employees are required to follow the County's safety procedures established by the County's insurance carrier.

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7.3: SAFETY COMMITTEE:

The County Commission shall, as needed, appoint interested and knowledgeable persons to function on a Safety Committee for activities including, but not limited to:

  1. Reviewing accident reports, investigating hazardous conditions, and inspecting facilities.

  2. Assisting in providing information to Administrative Authorities concerning safety/health problems in specific operations.

  3. Issuing safety recommendations concerning specific safety problems and aiding in enforcement of safety practices.

  4. Assisting in providing employee training in areas of safety procedures and practices.

  5. Reviewing and preparing recommendations concerning statistical summaries and progress reports regarding effectiveness of the Safety Program.

  6. Performing such other duties as needed to promote and implement the Safety Program.

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7.4: OPERATION OF VEHICLES:

When it comes to on-the-job fatalities, the operation of a motor vehicle is one of the most dangerous activities performed. Also, the liability potential when operating a vehicle is very significant. All employees and volunteers operating a County or personal vehicle on County business must exercise extreme caution and alertness to protect themselves, their fellow workers, and the public.

Safety Laws:

All employees who are at anytime driving County vehicles or using personal vehicles while on official County business must comply with all applicable laws including the following:

  1. Seat belts and shoulder harnesses must be worn at all times by drivers and passengers in vehicles or equipment so equipped.

  2. No one shall operate a vehicle while on County business without possessing a valid driver's license as required by law. Any employee, who officially drives on County business and has his/her license(s) suspended/revoked or in any way restricted, must notify his/her Administrative Authority.

  3. Supervisors shall annually examine the driver's license of the employees they supervise to ensure they are valid.

  4. All employees and volunteers who drive on County business are required to complete the Drivers Safety Course sponsored by the County minimally every two years. The names of those completing this course must be submitted to the County Clerk's Office.

  5. Any employee or volunteer who has experienced a number of accidents in a given time period may be subject to disciplinary action up to and including termination.

  6. Employees who operate a County vehicle must have proper authorization from their Administrative Authority.

  7. Any time a vehicle is operated for the purpose of hauling materials, the driver shall secure those materials to prevent them from dislodging or falling from the vehicle. When applicable, materials shall be covered with a protective cover.

  8. In the event of an accident, law enforcement officers will be contacted to investigate and prepare a report on any damages or injuries.

  9. Employees are to inspect their assigned vehicles frequently to ensure they are in a safe condition for operation. The Administrative Authority for the respective vehicles within their Office/Department shall determine the frequency. These inspections should include fluid levels, lights, mechanical equipment, and tires. Any defects shall be reported immediately.

  10. Riding on the sides, tailgate or any other part of the vehicle not designed for seating or standing is strictly prohibited.

  11. All vehicles and equipment shall be kept clean and orderly to avoid any kind of interference with the safe operation.

  12. No vehicles should be left with the engine running and unattended (there may be extenuating circumstances for Public Works employees and law enforcement officers).

  13. Safe driving and backing procedures shall be used at all times.

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7.5: SAFE WORK PRACTICES:

Employees shall be responsible for the following:

  1. Always use safe lifting techniques by bending your knees and not your back.

  2. Before starting any task, make sure you know exactly what is to be done, the associated hazards, and how to safely do it.

  3. Do not relocate, conceal or alter any emergency equipment, signs, guards or other items pertaining to health, safety or fire prevention.

  4. Employees shall strictly observe designated "NO SMOKING" areas.

  5. Employees must wear appropriate clothing for the job. Loose clothing, jewelry or hanging objects shall not be worn around any moving equipment.

  6. When any machine is to be serviced, the equipment must be disconnected at the source and/or proper lockout procedures must be followed.

  7. Loose materials or waste shall not be allowed to accumulate in the work areas. This is especially important in aisles, on ramps, stairs, machinery, and equipment.

  8. All floors shall be kept clean of liquids and other substances that might produce slips and falls.

  9. Tools and materials shall not be allowed to accumulate unnecessarily in the work area or left on overhead areas where they could be kicked on persons below.

  10. Combustible waste and flammable materials subject to spontaneous combustion shall be disposed of in non-combustible metal containers with self-closing lids.

  11. All chemicals and fuels shall be placed in appropriately marked safety cans. Flammable and highly combustible materials shall be stored in a location recommended by the local fire department.

  12. All employees must refer to provided Material Safety Data Sheets before using chemicals and other such materials.

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7.6: PERSONAL PROTECTIVE EQUIPMENT:

  1. Eye Protection:

    Employees under the following conditions shall wear the appropriate eye protection:

    1. When handling hazardous chemicals or materials,
    2. When using welding equipment or torches, or
    3. When performing work with tools such as a hammer, chisel, axe, power tools or chain saws, etc., that could expose employees to flying particles.
  2. Head Protection:

    Authorized head protection shall be used during the following situations:

    1. When working below grade, such as when under a bridge, in a trench, etc.

    2. When working around overhead hazards, such as when overhead equipment is being used, while working on trees or when handling materials overhead, etc.

  3. Hand Protection:

    Employees should wear leather gloves when appropriate for the job.

  4. Respirators:

    Respiratory protection shall be used when indicated by the Material Safety Data Sheet or if working in conditions that would expose the employee to harmful dusts, fumes or powders.

  5. Equipment/Tool Operations:

    No employee shall operate any type of equipment or use certain tools without proper training and authorization. Supervisors are responsible for ensuring that any employee using equipment or tools is capable and qualified to operate such equipment or tools in a safe and efficient manner. Tools and equipment must be used as instructed by the manufacturer and removal of guards or other safety devices is strictly prohibited.

  6. Additional Protection:

    Employees who believe their job safety can be enhanced by the purchase of additional safety equipment should submit a request to the County Clerk's office for review and possible inclusion in the Safety Budget.


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APPENDIX A - BENEFITS

Summary of Benefits and Coverage

Overall Summary of Benefits

Please contact a Human Resources at 573-886-4405 or 573-886-4395 if you have employee benefit questions.

 

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