Chapter 1.20 COUNTY EMPLOYEE HANDBOOK

(1) This handbook is a general information guide and is intended to provide personnel with information about Chelan County’s current employment practices. Chelan County reserves the right to modify or amend these guidelines, at its sole discretion, at any time, with or without notice. The statements contained in this handbook are guidelines only and are not promises of specific treatment in specific circumstances upon which any employee may rely.

This handbook is not a contract of employment. Chelan County reserves the right to change or deviate from these guidelines at any time in individual situations.

Nothing in this handbook prevents department heads or elected officials from implementing more comprehensive policies within their departments or offices.

(2) Handbook Acknowledgment Forms. All new employees must receive a copy of the Chelan County Employee Handbook and sign a handbook acknowledgment form in the new employee packet.

District court employees must sign the Chelan County district court version of the handbook acknowledgment form, which includes policy information specific to their department. The district court policy provisions are in italics following the appropriate sections. CCDC employees see your supervisor, the court administrator or the presiding judge for additional information. (Res. 2021-83, 6/29/21; Res. 2018-45, 6/4/18: Res. 2014-36, 4/14/14: Res. 2011-31, 4/11/11: Res. 2010-01, 1/4/10: Res. 2009-12, 1/26/09: Res. 2007-171, 12/17/07: Res. 2006-37, 3/27/06).

Article I. Introduction

1.20.020 Introduction.

Chelan County (also referred to as “the county”) is a municipal corporation of the state of Washington. The board of county commissioners (also referred to as “the board”) is the legislative body and corporate representative of the county. The board appoints, supervises, discharges, and evaluates the appointed department heads and sets personnel policies, practices and procedures for such departments which fall under their purview. The appointed officials are responsible for the day-to-day management of their respective departments.

Elected officials in Chelan County serve as independent executive officers and are responsible for the dayto-day management of their offices and subordinate departments. Each elected official may hire deputies and other employees as necessary under the budget authority granted by the board. Employees hired by an elected official serve at the will of the elected official.

For elected officials and the employees in their offices, this handbook applies specifically to matters involving salaries, compensation, and/or benefits as well as other mandated federal or state laws. Elected officials may establish policies on other subjects that differ from the county handbook and the policies of other elected officials. (Res. 2021-83 (§ 1), 6/29/21; Res. 2018-45 (§ 1), 6/4/18: Res. 2014-36 (§ 1), 4/14/14: Res. 2011-31 (§ 1), 4/11/11: Res. 2010-01 (§ 1), 1/4/10: Res. 2009-12 (§ 1), 1/26/09: Res. 2007-171 (§ 1), 12/17/07: Res. 2006-37 (§ 1), 3/27/06).

1.20.030 Contract information.

Unionized employees of Chelan County are represented by the collective bargaining agreement arrived at during their respective collective bargaining processes. The following information is meant to be a guide to Chelan County employees, a source of information regarding state and federal laws, and an explanation of benefits, salaries and other compensation. The information provided herein works in conjunction with, and does not replace, amend or supplement any terms or conditions of employment stated in any collective bargaining agreement. Wherever employment information provided herein differs from the terms expressed in the applicable collective bargaining agreement, employees should refer to the specific terms of the collective bargaining agreement, which will control.

Contact your union representative to obtain a copy of your contract. (Res. 2021-83 (§ 1.1), 6/29/21; Res. 2018-45 (§ 1.1), 6/4/18: Res. 2014-36 (§ 1.1), 4/14/14: Res. 2011-31 (§ 1.1), 4/11/11: Res. 2010-01 (§ 1.1), 1/4/10: Res. 2009-12 (§ 1.1), 1/26/09: Res. 2007-171 (§ 1.1), 12/17/07: Res. 2006-37 (§ 1.A) (part), 3/27/06).

1.20.050 Orientation.

Every new employee, including full-time, part-time, temporary, seasonal or extra help, will be scheduled to meet with human resources during their first three days of employment to complete their new hire paperwork. Until the initial new hire paperwork is complete they cannot be entered into the financial system, and payroll activity cannot be entered.

During the employee’s initial meeting with human resources they will receive a benefits packet and have an opportunity to review all benefits offered by Chelan County that they are eligible for. The benefits packet will include information on medical, dental and life insurance, deferred compensation, additional voluntary insurance, and retirement information. Enrollment forms will be included for all benefits programs along with forms for direct deposit of payroll, W-4 and I-9.

Orientation of new employees is also the responsibility of the department into which they have been hired. An informational session conducted between a new employee and a supervisor or senior employee should include, but not be limited to, coverage of departmental policies and procedures, job duties, dress code, attendance and work schedule requirements for the department. (Res. 2021-83 (§ 1.2), 6/29/21; Res. 2018-45 (§ 1.2), 6/4/18: Res. 2014-36 (§ 1.2), 4/14/14: Res. 2011-31 (§ 1.2), 4/11/11: Res. 2010-01 (§ 1.2), 1/4/10: Res. 2009-12 (§ 1.2), 1/26/09: Res. 2007-171 (§ 1.2), 12/17/07: Res. 2006-37 (§ 1.1), 3/27/06).

1.20.060 Probationary period.

All new employees are subject to a probationary period of a minimum of one year; the probationary period may be extended at the discretion of the department head. The probationary period will be a minimum of one year unless otherwise stipulated through the collective bargaining agreement covering the new employee or by the letter of employment.

Interdepartmental transfers (transfers into a new department) will be subject to a probationary period of three months, with the option to extend the probationary period by an additional three months at the discretion of the department head or elected official.

Intra-departmental transfers (transfers into a new position within the same department) will also be subject to a probationary period of three months. (Res. 2021-83 (§ 1.3), 6/29/21; Res. 2018-45 (§ 1.3), 6/4/18: Res. 2014-36 (§ 1.3), 4/14/14: Res. 2011-31 (§ 1.3), 4/11/11: Res. 2010-01 (§ 1.3), 1/4/10: Res. 2009-12 (§ 1.3), 1/26/09: Res. 2007-171 (§ 1.3), 12/17/07: Res. 2006-37 (§ 1.2), 3/27/06).

1.20.070 Chelan County Code.

The Chelan County Code covers all aspects of county government. It is codified through resolutions agreed upon and passed by the county board of commissioners. Throughout the handbook, paragraphs may be followed by the words “Code” and “Res.” The number following the words explains where to find additional information by looking in the code, and by which resolution the code was most recently updated.

The Chelan County Code is available online, by going to the county home page, https://www.co.chelan.wa.us, or at:

https://www.codepublishing.com/wa/chelancounty.html

(Res. 2021-83 (§ 1.4), 6/29/21; Res. 2018-45 (§ 1.4), 6/4/18: Res. 2014-36 (§ 1.4), 4/14/14: Res. 2011-31 (§ 1.4), 4/11/11: Res. 2010-01 (§ 1.4), 1/4/10: Res. 2009-12 (§ 1.4), 1/26/09: Res. 2007-171 (§ 1.4), 12/17/07: Res. 2006-37 (§ 1.3), 3/27/06).

1.20.080 Identification cards.

Employee identification cards will be issued to all employees. The IDs are not to be modified, changed, or deformed in any way, as some will contain a transmitter for security access systems. The information and layout on the official ID is standard for all. Loss or damage to an ID will be billed to the employee. Replacement identification cards will be charged to the employee at the rate of twenty-five dollars per card issued. (Res. 2021-83 (§ 1.5), 6/29/21; Res. 2018-45 (§ 1.5), 6/4/18: Res. 2014-36 (§ 1.5), 4/14/14: Res. 2011-31 (§ 1.5), 4/11/11: Res. 2010-01 (§ 1.5), 1/4/10: Res. 2009-12 (§ 1.5), 1/26/09: Res. 2007-171 (§ 1.5), 12/17/07: Res. 2006-37 (§ 1.4), 3/27/06).

1.20.090 Chelan County Courthouse intranet.

The Chelan County Courthouse intranet contains important employment information for county employees. Available at http://intranet.co.chelan.wa.us/login, this site contains a link to access email, the county code, benefit information, an employee directory, and the agenda and minutes for the commissioners’ meetings. Forms necessary for payroll changes, personnel information changes and other forms required by the human resources department may be found online on the intranet. The intranet also contains county information, safety tips for employees and technical advice. (Res. 2021-83 (§ 1.6), 6/29/21; Res. 2018-45 (§ 1.6), 6/4/18: Res. 2014-36 (§ 1.6), 4/14/14: Res. 2011-31 (§ 1.6), 4/11/11: Res. 2010-01 (§ 1.6), 1/4/10: Res. 2009-12 (§ 1.6), 1/26/09: Res. 2007-171 (§ 1.6), 12/17/07: Res. 2006-37 (§ 1.5), 3/27/06).

1.20.100 Parking.

Employee parking is available in the following locations: between the Law and Justice Building and the Regional Library on a first-come, first-served basis; in the employee-only parking lot above the Juvenile Detention Center off Orondo Street; in the parking lots adjacent to the County Administration Building; or on any public streets that are not marked “restricted” by the city of Wenatchee.

Two or more employees who are commuting together may park in the carpool spots on a first-come, first-served basis. Some parking stalls are marked as reserved for elected officials, jurors, and sheriff’s employees. Please respect those designations.

There are several parking spaces in the parking lot next to the County Administration Building, available to employees on a first-come, first-served basis. The parking lot directly above the County Administration Building lot is designated employee only parking and is available on a first-come, first-served basis.

In the parking lot next to the Law and Justice Building employees should not park in any spaces marked “Visitor” or any of the spaces assigned to the North Central Regional Library.

The Chelan County vehicle parking area is located in the parking lot behind the Law and Justice Building. County vehicles should be parked in this designated area. (Res. 2021-83 (§ 1.7), 6/29/21; Res. 2018-45 (§ 1.7), 6/4/18: Res. 2014-36 (§ 1.7), 4/14/14: Res. 2011-31 (§ 1.7), 4/11/11: Res. 2010-01 (§ 1.7), 1/4/10: Res. 2009-12 (§ 1.7), 1/26/09: Res. 2007-171 (§ 1.7), 12/17/07: Res. 2006-37 (§ 1.6), 3/27/06).

Article II. Employee Conduct

1.20.120 Employee conduct.

Employees of Chelan County are expected to perform their assigned duties in a competent, professional, conscientious and responsible manner. Maintaining a positive relationship between employees and the public and within the county is dependent on the professional conduct and behavior of employees. Employees are expected to perform their duties in a competent manner. Incompetence may be demonstrated by (a) a lack of knowledge of the duties of the position; (b) an unwillingness to perform assigned tasks; (c) the failure to conform to work standards and behavior established for the employee’s position; (d) the failure to take appropriate action as directed verbally or in procedure; repeated work evaluations showing substandard performance. Incompetent work will be grounds for disciplinary action. Employees will be held accountable for their actions while acting on behalf of, or having the appearance of acting on the behalf of, the county.

Cooperation and a positive attitude enhance performance and improve outlook within the workplace, increasing efficiency and interdepartmental relationships. Negative attitudes disrupt productivity, creating a hostile and difficult working atmosphere for all employees in contact with the negativity. County employees are expected to maintain a positive work attitude, to be constructive in their criticisms and be proactive in searching for a solution to problems encountered.

Behavioral expectations may be expressed countywide or departmentally. Anyone who interacts with coworkers or the public must exhibit the personal integrity and professional skills necessary to perform assigned duties, including but not limited to cooperation, communication, honesty, diligence and mutual respect.

Chelan County employees are encouraged to demonstrate proactive problem-solving when involved in difficult work situations, and to avoid pessimistic discussions, whether instigated by others or not, which may lead to a negative work environment for all parties involved. (Res. 2021-83 (§ 2.1), 6/29/21; Res. 2018-45 (§ 2.1), 6/4/18: Res. 2014-36 (§ 2.1), 4/14/14: Res. 2011-31 (§ 2.1), 4/11/11: Res. 2010-01 (§ 2.1), 1/4/10: Res. 2009-12 (§ 2.1), 1/26/09: Res. 2007-171 (§ 2.1), 12/17/07: Res. 2006-37 (§ 2.1), 3/27/06).

1.20.123 Harassment.

(1) In order to ensure that all employees are aware of the workplace anti-harassment policy, all Chelan County employees and supervisors are required to attend anti-harassment training every two years. This policy applies in the workplace and in any work-related settings.

(2) Chelan County is committed to providing a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes employment opportunities and prohibits discriminatory practices, including harassment. Chelan County expects that all relationships among individuals within the county’s various departments, offices, buildings, service areas, etc., will be business-like and free of bias, prejudice, and harassment.

(3) It is the policy of Chelan County to ensure a workplace environment free from harassment or discrimination based on age, sex, marital status, race, religion, creed, color, national origin, sexual orientation, gender identity, veteran or military status, disability, use of a trained service animal, HIV/AIDS and Hepatitis C, or any other legally protected characteristics (collectively referred to herein as “legally protected characteristics”). All individuals must respect the feelings of others and must not act in a way that might be considered harassment by someone else. Conduct appearing to be welcome or tolerated by one individual may be very offensive to another.

(4) “Harassment” is generally defined as unwelcome verbal or nonverbal conduct, based upon a person’s legally protected characteristic, which is offensive, derogatory, or disparages or puts down that person because of such characteristic, and that affects the person’s employment opportunities or benefits, interferes with the person’s work performance, or has the purpose or effect of creating an intimidating, hostile, or offensive working environment for the person. Harassment includes conduct in person, by email, phone, voice or text message, and online (i.e., blog, social networking, etc.) or by any other means. Harassment can be sexual or nonsexual in nature.

(A) Sexual Harassment. Unwelcome sexual advances (either verbal or physical), requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when: (i) submission to such conduct is made either explicitly or implicitly a term or condition of employment; (ii) submission or rejection of the conduct is used as a basis for making employment decisions (quid pro quo); or, (iii) the conduct has the purpose or effect of interfering with work performance or creating an intimidating, hostile, or offensive work environment.

(B) Nonsexual Harassment. Nonsexual harassment disparages or expresses hostility toward another person based on that person’s legally protected characteristic and may include: offensive comments and jokes, threatening, intimidating or hostile acts, or the display or circulation of offensive written material or pictures (by any means, including, without limitation, in person, by email, phone, voice or text message, tweet, blog, social networking sites or by other means). Chelan County shall not be responsible for monitoring employees’ personal use of social media when not working or representing Chelan County.

(5) Examples. The following are examples of harassing behaviors; the absence of an offending behavior does not condone the behavior or mitigate the personal responsibility of each employee to monitor their own behavior. Harassment may be verbal, visual or physical.

(A) Verbal harassment may include derogatory comments, jokes or slurs, slang names or suggestions, sexually explicit language, sexual advances or propositions.

(B) Visual harassment may include leering, making sexual gestures, displaying sexually suggestive or otherwise offensive objects or pictures, cartoons or posters.

(C) Physical harassment may include brushing up against someone’s body, pats, squeezes, touching, assaulting, impeding or blocking someone’s way.

(6) Reporting Harassment. All individuals are responsible to ensure a workplace free from any type of prohibited harassment or conduct. Chelan County encourages individuals who believe they are being subjected to such conduct, to advise the offender that his or her behavior is unwelcome and request that it be discontinued. However, if for any reason an individual feels uncomfortable addressing the offender, they should follow the procedure below.

If an individual is aware of any instances of workplace harassment or believes that he/she is a victim of, or a witness to, sexual or other forms of prohibited workplace harassment or conduct, they should immediately report the circumstances to either his/her supervisor, department director, elected official, or human resource director.

(7) Complaint Investigation. All reports of harassment, discrimination or retaliation will be investigated promptly. The investigation may include individual interviews with the parties involved, as necessary. If at any time an individual is not satisfied with the way the complaint is being handled, he or she should immediately notify the county administrator, and/or human resources. Confidentiality will be maintained throughout the investigatory process to the extent possible, consistent with adequate investigation and appropriate corrective action.

(8) Discipline. Chelan County considers any and all forms of workplace harassment a serious offense. Misconduct constituting harassment, discrimination or retaliation will be dealt with appropriately. Responsive action may include training, referral to counseling and/or disciplinary action including, but not limited to, warning, reprimand, reassignment, temporary suspension with or without pay, or termination as Chelan County deems appropriate under the circumstances. Intentionally false complaints of harassment, discrimination, or retaliation will be subject to appropriate disciplinary action. Complaints made in good faith will not be subject to disciplinary action.

(9) Retaliation Defined. Retaliation is the negative treatment of an individual who has reported harassment or discrimination or who has participated in an investigation. Retaliation has the effect of making it reasonably likely that others would not report an incident of harassment or discrimination. Chelan County prohibits any form of retaliation against any individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination. Retaliation is a serious violation of county policy and, like harassment or discrimination itself, will be subject to disciplinary action. Any retaliatory conduct should be reported immediately to a supervisor, department director, elected official, or human resource director to be investigated and addressed.

(10) District Court Employees.

(A) Reporting Harassment. All individuals are responsible to ensure a workplace free from any type of prohibited harassment or conduct. If an individual is aware of any instances of workplace harassment or believes that he/she is a victim of, or a witness to, sexual or other forms of prohibited workplace harassment or conduct, they should immediately report the circumstances to either his/her supervisor, the court administrator, or the presiding judge.

(B) Complaint Investigation. All reports of harassment, discrimination or retaliation will be investigated promptly. The investigation may include individual interviews with the parties involved, as necessary. If at any time an individual is not satisfied with the way the complaint is being handled, they should immediately notify the presiding judge or the other elected judge for farther resolution. Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action. See also grievance procedure pursuant to the employment contract. (Res. 2021-83 (§ 2.2), 6/29/21; Res. 2018-45 (§ 2.2), 6/4/18: Res. 2014-36 (§ 2.2), 4/14/14: Res. 2011-31 (§ 2.2), 4/11/11: Res. 2010-01 (§ 2.2), 1/4/10: Res. 2009-12 (§ 3.2), 1/26/09: Res. 2007-171 (§ 3.2), 12/17/07: Res. 2006-37 (§ 3.2), 3/27/06. Formerly 1.20.170).

1.20.125 Retaliation.

(1) Chelan County prohibits retaliation against employees who identify workplace issues, such as fraud, waste, abuse of authority, gross mismanagement or any inappropriate conduct or practices, including violation that may pose a threat to the health, safety or well-being of other employees.

(2) This policy does not prohibit corrective action taken for nondiscriminatory or nonretaliatory reasons.

(3) Chelan County has zero tolerance for retaliation and is committed to taking reasonable steps to protect from retaliation members who, in good faith, engage in permitted behavior or who report or participate in the reporting or investigation of workplace issues. All complaints of retaliation will be taken seriously and will be promptly and appropriately investigated.

(4) No employee may retaliate against any person for engaging in lawful or otherwise permitted behavior; for opposing a practice believed to be unlawful, unethical, discriminatory or retaliatory; for reporting or making a complaint under this policy; or for participating in any investigation related to a complaint under this or any other policy.

(5) Any employee who feels he/she has been retaliated against in violation of this policy should promptly notify his/her supervisor, department head, elected official, or human resource director. (Res. 2021-83 (§ 2.3), 6/29/21; Res. 2018-45 (§ 2.3), 6/4/18).

1.20.127 Ethics and conduct.

(1) The successful business operation and reputation of Chelan County is built upon the principles of fair dealing and ethical conduct of our employees. Our reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity. All employees are subject to the provisions of Chapter 42.23 RCW, Code of Ethics for Municipal Officers.

(2) The continued success of Chelan County is dependent upon our customers’ trust and we are dedicated to preserving that trust. Employees owe a duty to Chelan County, its public, customers, other employees, supervisors, officials, and members of both internal and external organizations to act in a way that will merit the continued trust and confidence of the public.

(3) Chelan County will comply with all applicable laws and regulations and expects its elected officials, department managers, and employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and to refrain from any illegal, dishonest, or unethical conduct.

(4) Public employees are required to abide by laws governing behavior in certain situations, including, but not limited to:

(A) No employee may use his or her position to secure special privileges or exemptions for himself, herself, or others.

(B) No officer or employee of Chelan County shall directly, or indirectly, give or receive or agree to receive any compensation, gift, reward, or gratuity from a source except the county for any matter connected with or related to his or her services as such an officer or employee except as provided in subsections (4)(B)(i) and (ii) of this section, or as otherwise provided for by law.

(i) No employee may accept gifts with an aggregate value in excess of fifty dollars from a single source in a calendar year or a single gift from multiple sources with a value in excess of fifty dollars. The value of gifts given to an employee’s family member shall be attributed to the employee for the purposes of determining whether the limit has been exceeded, unless an independent business, family, or social relationship exists between the donor and the family member.

(ii) Notwithstanding the financial limit provided in subsection (4)(B)(i) of this section, the following are presumed not to influence the vote, action, performance, or judgment of the employee, or be considered as part of a reward for action or inaction, so as to allow an employee to receive or accept them:

(a) Unsolicited advertising or promotional items of nominal value, such as pens and note pads. Employees should endeavor to use such items in the workplace instead of taking them home;

(b) Unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;

(c) Unsolicited items received for the purpose of evaluation or review, if the recipient has no personal beneficial interest in the eventual use or acquisition of the item;

(d) Informational material, publications, or subscriptions related to the recipient’s performance of official duties;

(e) Food and beverages consumed at hosted receptions where attendance is related to the recipient’s official duties;

(f) Admission to, and the cost of food and beverages consumed at, events sponsored by or in conjunction with a civic, charitable, governmental, or community organization;

(g) Payments by a governmental or nongovernmental entity of reasonable expenses incurred in connection with a speech, presentation, appearance, or trade mission made in an official capacity;

(h) Payments for seminars and educational programs sponsored by a bona fide nonprofit professional, educational, or trade association, or charitable institution;

(i) Flowers, plants, and floral arrangements, so long as the employee receiving the gift does the following: (1) notifies his/her supervisor of the gift; (2) takes the item to a recognized relief agency, or alternatively, makes the items available for the enjoyment of all employees in the employee’s work area; and (3) sends a thank you card to the provider explaining what was done with the gift, thus documenting that the gift was for the benefit of the county/employees at large and not exclusively for one employee only;

(j) Food and beverages on infrequent occasions in the ordinary course of meals where attendance is related to the performance of official duties;

(k) Items regulated or reported under Chapter 42.17 RCW; and

(l) Meals and raffle awards conducted for multiple department employee events sponsored partially or wholly by private businesses and the county commission annually for county employee appreciation and/or education.

(C) No person who has served as an officer or employee of the county shall, within a period of two years after termination of such service or employment, receive compensation for any services rendered on behalf of any person, firm, corporation, or association in relation to any case, proceeding, or application with respect to which such person was directly concerned and in which he or she personally participated during the period of his or her service or employment with Chelan County.

(D) No officer or employee of the county shall accept employment or engage in any business or professional activity, during and following termination of employment with the county, which he or she might reasonably expect would require or induce him or her to disclose confidential information acquired by him or her by reason of an official position with Chelan County.

(E) No officer or employee of Chelan County shall disclose confidential information gained by reason of his or her official position with the county, nor shall he or she use such information for personal gain or benefit, even after separation from employment with Chelan County.

(5) In general, the use of good judgment, based on high ethical principles, will guide you with respect to lines of acceptable conduct. If a situation arises where it is difficult to determine the proper course of action, or if you have any questions about whether or not something would be considered a gift, contact your supervisor.

(6) Compliance with this policy of business ethics and conduct is the responsibility of every Chelan County employee. Disregarding or failing to comply with this standard of business ethics and conduct could lead to disciplinary action, up to and including termination of employment. (Res. 2021-83 (§ 2.4), 6/29/21; Res. 2018-45 (§ 2.4), 6/4/18: Res. 2017-81, 9/25/17; Res. 2014-36 (§ 2.3), 4/14/14: Res. 2011-31 (§ 2.3), 4/11/11: Res. 2010-01 (§ 2.3), 1/4/10: Res. 2009-12 (§ 3.4), 1/26/09: Res. 2007-171 (§ 3.4), 12/17/07: Res. 2006-37 (§ 3.4), 3/27/06. Formerly 1.20.190).

1.20.130 Drug and alcohol use.

(1) It is Chelan County’s desire to provide a drug-free, healthy, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner. While on Chelan County premises and while conducting business-related activities off Chelan County premises, no employee may use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. “Alcohol abuse” means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employee’s ability to perform their job safely or efficiently. “Illegal drug” means any controlled substance as defined in Chapter 69.50 RCW, not possessed or taken in accordance with a lawful prescription. Employees who have consumed any amount of an alcoholic beverage or taken any medication, or combination thereof, that would tend to adversely affect their mental or physical abilities shall not report for duty.

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 termination of employment. and/or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences.

(2) Testing.

(A) Post-Offer Pre-Employment/Random. Employees with safety-sensitive job duties, including without limitation who operate vehicles, machinery, or equipment as part of their job functions may be subjected to drug and alcohol testing: (i) after a conditional offer for employment prior to commencing employment and (ii) pursuant to a random selection process. Random drug testing applies to CDL license holders.

(B) Reasonable Suspicion. When a supervisor has a reasonable objective basis for suspecting that an employee is using or is under the influence of alcohol, illegal drugs, or another substance while on Chelan County property; during working hours; while operating, utilizing, or working with or around a county vehicle, machinery, or equipment; or while conducting county business at any location, the employee may be suspended from work and be required to promptly submit to a drug and/or alcohol test.

(C) Post-Accident. An employee may be subject to post-accident drug and/or alcohol testing as soon as safely practicable after an accident on Chelan County property; during working hours; while operating, utilizing, or working with or around a county vehicle, machinery, or equipment; or while conducting county business at any location, if the county has a reasonable basis for suspecting that such employee’s impairment by an illegal drug, alcohol, or other substance contributed to the accident, or as otherwise permissible by law. Employees involved in a workplace accident as described above must remain available for testing and must refrain from consuming any substance as defined above, including alcohol for eight hours following the accident, or until an alcohol and drug test has been performed, whichever comes first.

(D) Return-to-Work and Follow-up Testing. Employees who have tested positive and/or who have completed a drug or alcohol rehabilitation program as a condition of continued employment may be required to pass a drug and/or alcohol test before returning to work, and may be required, as a condition of continued employment, to submit to follow-up drug and alcohol testing.

(E) Refusal to Submit to a Test. Refusal to sign an authorization to submit to a drug or alcohol test, to submit to a test, or to provide the test results to Chelan County may result in disciplinary action up to and including termination. When a Chelan County elected official and/or department head has reasonable suspicion to believe an employee is drug or alcohol impaired and not able to perform their job safely or efficiently, the county may require the employee to submit to a urine, blood, or Breathalyzer test to determine the presence of alcohol or drugs in the body.

(3) The unlawful manufacture, delivery, sale or possession of controlled substances on or off duty by employees of Chelan County is strictly prohibited. Chelan County may search county-controlled worksites and county property for illegal drugs, drug paraphernalia, alcohol, and other substances. Any property on Chelan County-controlled work sites or property is subject to search; and such searches may include vehicles, buildings, facilities, offices, parking lots, desks, cabinets, lockers, closets, lunch and toolboxes, equipment, and employee-owned property such as backpacks, briefcases, purses, bags or other containers, shopping bags, and clothing. Any illegal drugs or drug paraphernalia, believed to be associated with the consumption or use of illegal drugs, found on Chelan County-controlled worksites or property will be turned over to an appropriate law enforcement agency and may result in criminal prosecution.

(4) Employees with drug or alcohol problems that have not resulted in, and are not the immediate subject of, disciplinary action may request approval to take unpaid time off to participate in a rehabilitation or treatment program through Chelan County’s health insurance benefit coverage. Leave may be granted if the employee agrees to abstain from use of the problem substance; abides by all Chelan County policies, rules, and prohibitions relating to conduct in the workplace; and if granting the leave will not cause Chelan County any undue hardship.

(5) Under the Drug-Free Workplace Act, an employee who performs work for a government contract or grant must notify Chelan County of a criminal conviction for drug-related activity occurring in the workplace. The report must be made within five days of the conviction.

(6) CDL holders are subject to Federal Motor Carrier Safety Administration guidelines, which include random screening.

(7) All employees must notify their supervisor of any criminal convictions occurring after employment regardless of whether alcohol or drug related. The report must be made within five days of the conviction.

(8) Employees with questions on this policy or issues related to drug or alcohol use in the workplace should raise their concerns with their supervisor or human resources without fear of reprisal.

(9) Chelan County receives federal funding and must comply with federal Drug-Free Workplace guidelines. (Res. 2021-83 (§ 2.5), 6/29/21; Res. 2018-45 (§ 2.5), 6/4/18: Res. 2014-36 (§ 2.4), 4/14/14: Res. 2011-31 (§ 2.4), 4/11/11: Res. 2010-01 (§ 2.4), 1/4/10: Res. 2009-12 (§ 2.2), 1/26/09: Res. 2007-171 (§ 2.2), 12/17/07: Res. 2006-37 (§ 2.2), 3/27/06).

1.20.140 Attendance and punctuality.

In order to deliver services effectively, as well as maintain a safe and productive work environment, Chelan County expects employees to be reliable and to be punctual in reporting for scheduled work. Each employee is expected to maintain an acceptable level of job attendance; attendance is an overall part of good work performance and is one of the standards by which an employee’s overall performance may be measured. Recurring and excessive absences and/or tardiness are disruptive to work schedules, costly to the county and its citizens, and detrimental to the morale and efforts of employees who maintain a good work record.

In the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they should notify their supervisor as soon as possible in advance of the anticipated tardiness or absence. Failure to notify the supervisor of tardiness or absence, or recurring or excessive tardiness or absence may be grounds for disciplinary action. (Res. 2021-83 (§ 2.6), 6/29/21; Res. 2018-45 (§ 2.6), 6/4/18: Res. 2014-36 (§ 2.5), 4/14/14: Res. 2011-31 (§ 2.5), 4/11/11: Res. 2010-01 (§ 2.5), 1/4/10: Res. 2009-12 (§ 2.5), 1/26/09: Res. 2007-171 (§ 2.3), 12/17/07: Res. 2006-37 (§ 2.3), 3/27/06).

1.20.150 Personal appearance.

Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the business image Chelan County presents to customers and visitors. Department heads and/or elected officials are responsible for establishing a reasonable dress code appropriate to the job functions of their department. Employees having questions regarding what constitutes appropriate clothing and professional appearance should consult their elected official, department head or immediate supervisor. Employees that require a reasonable accommodation based on religion, disability, or other grounds protected by state, federal, or local law, should contact their supervisor. Any employee who is not dressed in appropriate clothing, consistent with this policy, will be considered unsuitable to work and may be asked to go home and return to work appropriately dressed and the employee will not be paid for this time. (Res. 2021-83 (§ 2.7), 6/29/21; Res. 2018-45 (§ 2.7), 6/4/18: Res. 2014-36 (§ 2.6), 4/14/14: Res. 2011-31 (§ 2.6), 4/11/11: Res. 2010-01 (§ 2.6), 1/4/10: Res. 2009-12 (§ 2.4), 1/26/09: Res. 2007-171 (§ 2.4), 12/17/07: Res. 2006-37 (§ 2.4), 3/27/06).

1.20.155 Fitness for duty—Physical fitness.

Chelan County is committed to providing a safe work environment for its employees. In order to assist in maintaining a safe work environment it is imperative that employees are able to physically perform the essential functions of their jobs.

(1) The employer may require an employee to undergo a fitness for duty examination if it determines such examination is necessary to ascertain whether the employee can perform the essential functions of the job. Typically, a fitness for duty assessment becomes necessary in an incident- or event-specific setting, or where a pattern of significant sick leave usage or job performance causes the employer to have a reasonable belief that the employee may not be fit for duty, which may include but is not limited to an injury or a health or psychological condition that reveals itself while the employee is on duty and interferes with the employee performing the work of the position.

(2) On any occasion when the employer believes that a fitness for duty examination is necessary with respect to an employee, the employer will notify the employee of employer’s belief in writing, and the employer will also explain in writing the basis for its belief in this regard as set forth in subsection (1) of this section.

(3) Upon notice by the employer of the required fitness for duty examination, the employee will immediately make an appointment with his/her provider/physician to perform such examination, at the employer’s expense. The employee may be placed on paid administrative leave, given light duty assignments, or have his or her workers’ compensation claim reopened if appropriate, pending the results of said examination. The employee’s job description will be provided to the examining physician and will include the essential functions of the job.

(4) If the examination raises fitness for duty issues, information necessary to inform the employer of the nature of any fitness for duty issues as they would relate specifically to the employee’s ability to perform the essential functions of his or her job will be released to the employer.

(5) If no fitness for duty concerns are raised by the examination, the employer will be informed by the physician that the employee is fit for duty subject to the provisions in subsection (6) of this section.

(6) Either party shall have the right within no more than ten working days of receipt of the result of the initial fitness for duty examination to give notice that the party is seeking a second opinion about fitness for duty issue(s) from a physician of the party’s choice at the expense of the party seeking the second opinion (if insurance does not cover the cost). The second opinion must be completed within thirty calendar days from the notice unless the physician’s schedule requires further time. If neither party seeks a second opinion, then the results of the initial fitness for duty examination shall be binding.

(7) In case the first and second medical examination/fitness for duty opinions conflict (meaning one indicates fit for duty and the other indicates unfit for duty), the parties will seek a third opinion from a mutually agreed-upon physician to perform a final fitness for duty examination at the expense of the employer. If the third examination confirms that the employee is fit for duty, then the employee will be returned to duty. If the third examination confirms that the employee is unfit for duty, then it is binding.

(8) Results of the medical examination will determine future employment status. If the employee is determined to be unfit for duty they may be assigned different work, returned to work with restrictions, returned to work with reasonable accommodations or terminated. (Res. 2021-83 (§ 2.8), 6/29/21; Res. 2018-45 (§ 2.8), 6/4/18: Res. 2014-36 (§ 2.7), 4/14/14: Res. 2011-31 (§ 2.7), 4/11/11: Res. 2010-01 (§ 2.7), 1/4/10).

Article III. Employment

1.20.160 Equal employment opportunity.

Chelan County is committed to providing equal employment opportunity for all employees and applicants for employment on the basis of merit without regard to legally protected characteristics (as defined in Section 1.20.123). The objective is to promote the full realization of equal employment opportunity through strategies that aim to eliminate discrimination based on factors that are irrelevant to job performance. Within county offices and departments, every effort will be made to ensure that all employment decisions and personnel actions, including recruitment, selection, training, promotion, transfer, and benefits are administered in conformance with state and federal statutes and regulations governing equal employment and personnel management.

Chelan County will make reasonable accommodations for qualified individuals with known disabilities within the requirements of applicable state and federal laws and regulations, unless doing so would result in an undue hardship. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training.

Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of human resources. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination may be subject to disciplinary action, up to and including termination of employment.

Employees may request a copy of the entire Chelan County Equal Opportunity Policy and Procedures by contacting human resources. (Res. 2021-83 (§ 3.1), 6/29/21; Res. 2018-45 (§ 3.1), 6/4/18: Res. 2014-36 (§ 3.1), 4/14/14: Res. 2011-31 (§ 3.1), 4/11/11: Res. 2010-01 (§ 3.1), 1/4/10: Res. 2009-12 (§ 3.1), 1/26/09: Res. 2007-171 (§ 3.1), 12/17/07: Res. 2006-37 (§ 3.1), 3/27/06).

1.20.180 Workplace violence prevention.

Chelan County is dedicated to ensuring employees have a safe work environment. The safety committee meets regularly to discuss safety concerns and mitigation. Campus security is present to deal with altercations should they arise.

Chelan County is committed to preventing workplace violence and to maintaining a safe work environment. Given the increasing violence in society in general, Chelan County has adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that may occur during business hours or on its premises.

All employees, including supervisors and temporary employees, should be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, “horseplay,” or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited from the premises of Chelan County without proper authorization.

Conduct that threatens, intimidates, or coerces another employee, a customer, or a member of the public at any time, including off-duty periods, will not be tolerated if such actions are taken in a way that suggests, purports, or implies county authority. This prohibition includes all acts of harassment (as discussed in Section 1.20.123).

All threats of violence and actual violence, both direct and indirect, must be reported as soon as possible to your immediate supervisor or any other member of management. This includes threats of violence or actual violence by employees, as well as threats of violence or violence by customers, vendors, solicitors, or other members of the public. When reporting a threat of violence or violence, you should be as specific and as detailed as possible, and shall document in writing.

All suspicious individuals or activities should also be reported as soon as possible to a supervisor. Do not place yourself in peril. If you see or hear a commotion or disturbance near your workstation, do not try to intercede or see what is happening.

Chelan County will promptly and thoroughly investigate all reports of threats of (or actual) violence and of suspicious individuals or activities. The identity of the individual making a report will be protected as much as is practical. In order to maintain workplace safety and the integrity of its investigation, Chelan County may suspend employees, either with or without pay, pending investigation.

Anyone determined to be responsible for threats of (or actual) violence or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action up to and including termination of employment.

Chelan County encourages employees to bring their disputes or differences with other employees to the attention of their supervisors or the commissioners’ office before the situation escalates into potential violence. Chelan County is eager to assist in the resolution of employee disputes, and will not discipline employees for raising such concerns.

Additional general safety tips may be found on the intranet. (Res. 2021-83 (§ 3.2), 6/29/21; Res. 2018-45 (§ 3.2), 6/4/18: Res. 2014-36 (§ 3.2), 4/14/14: Res. 2011-31 (§ 3.2), 4/11/11: Res. 2010-01 (§ 3.2), 1/4/10: Res. 2009-12 (§ 3.3), 1/26/09: Res. 2007-171 (§ 3.3), 12/17/07: Res. 2006-37 (§ 3.3), 3/27/06).

1.20.200 Whistleblower.

Chelan County employees shall be encouraged to disclose, to the extent not expressly prohibited by law, improper governmental actions of local government officials, and employees, without fear of retaliation.

(1) Definitions.

(A) “Improper governmental action”:

(i) Is any action by an officer or employee that is undertaken in the performance of the officer or employee’s official duties, whether or not the action is within the scope of the officer or employee’s employment, which is in violation of any federal, state, or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds.

(ii) Does not include personnel actions including, but not limited to, employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatement, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the local government collective bargaining and civil service laws, alleged labor agreement violations, reprimands, or any action that may be taken under Chapters 41.08, 41.12, 41.14, 41.56, 41.59 and 53.18 RCW, and RCW 54.04.170 and 54.04.180.

(B) “Retaliatory action” means any:

(i) Adverse change in a local government employee’s employment status, or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, dismissal or any other disciplinary actions; or

(ii) Hostile actions by other employees toward a local government employee that were encouraged by a supervisor or senior manager or official.

(2) Procedure for Reporting Improper Government Action. Employees who become aware of improper governmental action shall follow this procedure:

(A) Report the matter to his/her supervisor, human resources director, or the prosecuting attorney, in writing, stating in detail the basis for the employee’s belief that an improper action has occurred and as soon as the employee becomes aware of it. If the employee reasonably believes that the improper action involves his or her supervisor, the employee may report the issue directly to the next person above the supervisor in the chain of command, or may report the issue directly to the human resources director, or prosecuting attorney.

(B) The supervisor in receipt of the report shall promptly forward the report to the human resources director and prosecuting attorney.

(C) The supervisor in receipt of the report, human resources director, and prosecuting attorney shall promptly coordinate an investigation of the report. The report and investigation shall be shared with the respective department director or elected official unless he or she is a subject of the report or the investigation.

(D) The supervisor, director of human resources, or the prosecuting attorney, shall provide a status update of the investigation of improper government action within thirty days of receipt of the employee’s report. The reporting employee shall comply with any and all requests to maintain confidentiality regarding the report or investigation.

(E) The identity of a reporting employee shall be kept confidential to the extent possible under the law, unless the employee authorizes the disclosure of his or her identity in writing.

(F) An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030.

(G) In the case of an emergency, where the employee reasonably believes that damage to persons or property may result if action is not taken immediately, the employee may verbally report the improper action and follow with a detailed written report as soon as practical.

(H) Consistent with RCW 42.41.030(3), an employee may report information about improper governmental action directly to an outside agency responsible for the subject matter if the employee reasonably believes that an adequate investigation was not undertaken by the county to determine whether an improper government action occurred, or that insufficient action was taken by the county to address the improper action or that for other reasons the improper action is likely to recur. An outside agency includes the state auditor.

(I) Upon conclusion of the investigation, the employee shall be advised of a summary of the result, except that personnel actions taken as a result of the investigation may be kept confidential.

(3) Retaliation Prohibited. Elected officials or employees may not use official authority or influence, directly or indirectly to threaten, intimidate, or coerce an employee for the purpose of interfering with that employee’s right to disclose information concerning an improper governmental action in accordance with the provisions of this policy. No employee who in good faith reports a violation shall suffer harassment, retaliation or an adverse employment consequence. An employee who retaliates against someone who has reported a violation in good faith is subject to discipline including termination. The whistleblower policy is intended to encourage and enable employees and others to raise serious concerns with the county prior to seeking resolution outside of the county.

(4) Protection From and Procedure for Seeking Relief Against Retaliation. It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Employees who believe they have been retaliated against for reporting an improper government action shall follow this procedure:

(A) Employees shall deliver a written notice of the charge of retaliatory action to the board of commissioners and the human resources director within thirty days of the occurrence of the alleged retaliatory action. The written notice of the charge shall:

(i) Specify the alleged retaliatory action; and

(ii) Specify the relief requested.

(B) The board of commissioners and the human resources director shall respond to the written notice of the charge of retaliatory action and the request for relief in writing and within thirty days of receipt.

(C) After receiving the county’s response, the employee may request a hearing before a state administrative law judge to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered to the board of commissioners and the human resources director within fifteen days of delivery to the employee of the county’s response to the notice of the charge of retaliatory action, or, if the county fails to respond, within fifteen days of the last day on which the county could respond.

(D) Within five working days of receipt of a request for hearing the county shall apply to the state office of administrative hearings for an adjudicative proceeding before an administrative law judge which shall comply with RCW 34.05.410 through 34.05.598.

(E) The final decision of the administrative law judge is subject to judicial review. Relief ordered by the administrative law judge may be enforced by petition to superior court.

(5) Policy Implementation. The board of commissioners is responsible for implementing these policies and procedures. This includes posting the policy on county bulletin boards, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers and supervisors are responsible for ensuring this policy is fully implemented within their areas of responsibility.

(6) District Court Employees: Procedures for Reporting (Subsection (2) of this Section).

(A) If the employee reasonably believes that the improper action involves his or her supervisor, the employee may raise the issue directly with the next person above the supervisor in the chain of command; or may raise the issue directly with the presiding judge or if there is a conflict or an appearance of conflict with the presiding judge, the employee may raise the issue with the other elected judge.

(B) The supervisor in receipt of the report may, if appropriate, notify and consult with the prosecuting attorney about the report.

(C) The presiding judge or their designee shall promptly investigate the matter. The name of the employee shall be kept confidential to the extent authorized by law. (Res. 2021-83 (§ 3.3), 6/29/21; Res. 2018-45 (§ 3.3), 6/4/18: Res. 2014-36 (§ 3.3), 4/14/14: Res. 2011-31 (§ 3.3), 4/11/11: Res. 2010-01 (§ 3.3), 1/4/10: Res. 2009-12 (§ 3.5), 1/26/09: Res. 2007-171 (§ 3.5), 12/17/07: Res. 2006-37 (§ 3.5), 3/27/06).

1.20.210 Hiring of relatives/nepotism.

The employment of relatives in the same area of an organization may cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried over into day-to-day working relationships.

For purposes of this policy, a “relative” is defined as:

(1) Parent or stepparent;

(2) Child or stepchild;

(3) Adopted or foster child;

(4) Daughter-in-law or son-in-law;

(5) Grandchild;

(6) Niece or nephew;

(7) Sibling or stepsister or stepbrother;

(8) Spouse;

(9) Domestic partner;

(10) Mother-in-law or father-in-law;

(11) Grandparent;

(12) Aunt or uncle;

(13) First cousin;

(14) Domestic partner’s relatives;

(15) Brother-in-law or sister-in-law.

Gender references shall recognize individual identity preferences.

Relatives of current employees may not occupy a position that will be working directly for or directly supervising their relative.

If a relative relationship is established after employment between employees who are in a direct supervisor/supervisee situation, it is the responsibility and obligation of the supervisor involved in the relationship to disclose the existence of the relationship to his/her supervisor and the director of human resources. The elected officials reserve the right to adjust the respective roles of the affected employees in their respective offices and departments to minimize or eliminate any actual or apparent conflicts of interests.

This policy regarding employment of relatives applies prospectively and only in those circumstances where the actual or apparent conflict of interest would exist as described above. Employment of relatives in other county positions is not impacted. (Res. 2021-83 (§ 3.4), 6/29/21; Res. 2021-6 (Exh. A), 1/11/21; Res. 2018-45 (§ 3.4), 6/4/18: Res. 2014-36 (§ 3.4), 4/14/14: Res. 2011-31 (§ 3.4), 4/11/11: Res. 2010-01 (§ 3.4), 1/4/10: Res. 2009-12 (§ 3.6), 1/26/09: Res. 2007-171 (§ 3.6), 12/17/07: Res. 2006-37 (§ 3.6), 3/27/06).

1.20.215 Hiring of retirees.

Chelan County recognizes the value of institutional knowledge that is lost when employees retire from public service. Retirees of the Public Employees’ Retirement System are eligible to return to public employment without jeopardizing their retirement benefits provided they meet the criteria established under the statute. When appropriate, the county supports the return of retirees to the workforce and the economies gained by hiring an individual with prior knowledge of the job. In such instances, it shall be the responsibility of the hiring department head or elected official to document the need to hire a retiree through the county’s rules and procedures governing general recruitment. As mandated by the Department of Retirement Systems, retirees must have a period of separation from county employment of at least thirty days after the official date of retirement. The hiring of retirees will be done in accordance with Department of Retirement Systems (DRS) provisions. (Res. 2021-83 (§ 3.5), 6/29/21; Res. 2018-45 (§ 3.5), 6/4/18: Res. 2014-36 (§ 3.5), 4/14/14: Res. 2011-31 (§ 3.5), 4/11/11: Res. 2010-01 (§ 3.5), 1/4/10: Res. 2009-12 (§ 3.7), 1/26/09: Res. 2007-171 (§ 3.7), 12/17/07).

1.20.220 Employee medical examinations.

To help ensure that employees are able to perform their duties safely, medical examinations may be required.

After an offer has been made to an applicant entering a designated job category which may require a medical examination, the exam will be performed at Chelan County’s expense by a health professional of Chelan County’s choice. The offer of employment and assignment to duties is contingent upon satisfactory completion of the exam.

Information on an employee’s medical condition or history will be kept separate from other employee information and maintained confidentially. Access to this information will be limited to those who have a legitimate need to know. (Res. 2021-83 (§ 3.6), 6/29/21; Res. 2018-45 (§ 3.6), 6/4/18: Res. 2014-36 (§ 3.6), 4/14/14: Res. 2011-31 (§ 3.6), 4/11/11: Res. 2010-01 (§ 3.6), 1/4/10: Res. 2009-12 (§ 3.8), 1/26/09: Res. 2007-171 (§ 3.8), 12/17/07: Res. 2006-37 (§ 3.7), 3/27/06).

1.20.230 Background/reference checks.

Background checks are used for the purpose of determining a candidate’s suitability for a position or promotion. Any and all offers of employment or promotion are presumed contingent upon successfully passing a background check. A background check may consist of a check of references, criminal history, or an applicant’s driving record. The use of background checks of any type shall be at the discretion of the department head or elected official, so long as they are used fairly and consistently in the same manner without unlawful discrimination. All background check information will be kept confidential, in compliance with all applicable federal, state, and local laws regarding background checks.

Before a background check can be performed, a candidate/employee must be notified, and their authorization must be obtained in writing. In the event that an adverse employment action is considered based on the information found in the background check, the candidate/employee will receive notification before a final decision is made allowing the individual a reasonable opportunity to address the information contained in the report.

Employees in certain departments will be required to pass additional checks in accordance with applicable state statutes, enforcing higher standards on those who work with children, the elderly, or developmentally disabled adults, as well as those in law enforcement. (Res. 2021-83 (§ 3.7), 6/29/21; Res. 2018-45 (§ 3.7), 6/4/18: Res. 2014-36 (§ 3.7), 4/14/14: Res. 2011-31 (§ 3.7), 4/11/11: Res. 2010-01 (§ 3.7), 1/4/10: Res. 2009-12 (§ 3.9), 1/26/09: Res. 2007-171 (§ 3.9), 12/17/07: Res. 2006-37 (§ 3.8), 3/27/06).

1.20.240 Immigration law compliance.

Chelan County is committed to employing only United States citizens and aliens who are authorized to work in the United States, and does not unlawfully discriminate on the basis of citizenship or national origin when individuals are otherwise work eligible.

In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with Chelan County within the past three years, or if their previous I-9 is no longer retained or valid.

Employees with questions or seeking more information on immigration law issues are encouraged to contact human resources. Employees may raise questions or complaints about immigration law compliance without fear of reprisal. (Res. 2021-83 (§ 3.8), 6/29/21; Res. 2018-45 (§ 3.8), 6/4/18: Res. 2014-36 (§ 3.8), 4/14/14: Res. 2011-31 (§ 3.8), 4/11/11: Res. 2010-01 (§ 3.8), 1/4/10: Res. 2009-12 (§ 3.10), 1/26/09: Res. 2007-171 (§ 3.10), 12/17/07: Res. 2006-37 (§ 3.9), 3/27/06).

1.20.250 Outside employment.

(1) Employees may hold outside jobs as long as they meet the performance standards of their job with Chelan County. All employees will be judged by the same performance standards and may be subject to Chelan County’s scheduling demands, regardless of any existing outside work requirements.

If Chelan County determines that an employee’s outside work interferes with performance or the ability to meet the requirements of Chelan County as they are modified from time to time, the employee may be asked to terminate the outside employment if he or she wishes to remain with Chelan County.

Outside employment that constitutes a conflict of interest is prohibited. Employees may not receive any income or material gain from individuals outside Chelan County for materials produced or services rendered while performing their county jobs.

(2) District Court Employees: Outside Employment and Social Contacts. Employees may hold outside jobs only if the court administrator has given prior approval and the employee continues to meet the performance standards of their job with Chelan County. All employees will be judged by the same performance standards and may be subject to Chelan County’s scheduling demands, regardless of any existing outside work requirements. Employees also are asked to review their social contacts to ensure that the court’s appearance of impartiality and neutrality is not impaired by such. If such an appearance exists, the issue may be addressed by management with the staff member. (Res. 2021-83 (§ 3.9), 6/29/21; Res. 2018-45 (§ 3.9), 6/4/18: Res. 2014-36 (§ 3.9), 4/14/14: Res. 2011-31 (§ 3.9), 4/11/11: Res. 2010-01 (§ 3.9), 1/4/10: Res. 2009-12 (§ 3.11), 1/26/09: Res. 2007-171 (§ 3.11), 12/17/07: Res. 2006-37 (§ 3.10), 3/27/06).

1.20.260 Disability accommodations.

Chelan County is committed to ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a nondiscriminatory basis.

Hiring procedures have been reviewed, and provide persons with disabilities meaningful employment opportunities. Pre-employment inquiries are made only regarding an applicant’s ability to perform the duties of the position with or without reasonable accommodations so long as individuals are able to perform essential job functions.

Post-offer medical examinations are required only for those positions in which there is a bona fide jobrelated physical requirement. They are given to all persons entering the position only after a conditional job offer. Medical records will be kept separate and confidential.

Reasonable accommodation is available to all disabled employees, where the accommodation will allow a qualified individual with a disability to perform a job, unless such an accommodation would impose an undue hardship on the conduct of the county. All employment decisions are based on the merits of the situation in accordance with defined criteria, not the disability of the individual.

Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as in job assignments, classifications, organizational structures, position descriptions, lines of progression and seniority lists. Leave of all types will be available to all employees on an equal basis.

Chelan County is also committed to not discriminating against any qualified employees or applicants because they are related to or associated with a person with a disability. Chelan County will follow any state or local law that provides individuals with disabilities greater protection than the Americans with Disabilities Act (ADA).

This policy is neither exhaustive nor exclusive. Chelan County is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and all other applicable federal, state, and local laws. (Res. 2021-83 (§ 3.10), 6/29/21; Res. 2018-45 (§ 3.10), 6/4/18: Res. 2014-36 (§ 3.10), 4/14/14: Res. 2011-31 (§ 3.10), 4/11/11: Res. 2010-01 (§ 3.10), 1/4/10: Res. 2009-12 (§ 3.12), 1/26/09: Res. 2007-171 (§ 3.12), 12/17/07: Res. 2006-37 (§ 3.11), 3/27/06).

1.20.270 Job posting.

Chelan County provides employees an opportunity to indicate their interest in open positions and advance within the organization according to their skills and experience. Regular, full-time job openings may be posted, although Chelan County reserves sole discretionary authority not to post a particular opening.

Posted job opening notices will include the dates of the posting period, job title, department, location, grade level, job summary, essential duties, and qualifications (required skills and abilities).

To apply for an open position, employees should follow application instructions posted on the County Career Opportunities web page or in the email announcement sent out to all departments. The job posting application will request employees to list job-related skills and accomplishments and also ask them to describe how their current experience with Chelan County and prior work experience and/or education qualifies them for the position.

Chelan County recognizes the benefit of developmental experiences and encourages employees to talk with their supervisors about their career plans. Supervisors are encouraged to support employees’ efforts to gain experience and advance within the organization.

An applicant’s supervisor may be contacted to verify performance, skills, and attendance. Any staffing limitations or other circumstances that might affect a prospective transfer may also be discussed.

Job posting is a way to inform employees of openings and to identify qualified and interested applicants who might not otherwise be known to the hiring manager. Other recruiting sources may also be used to fill open positions in the best interest of Chelan County. (Res. 2021-83 (§ 3.11), 6/29/21; Res. 2018-45 (§ 3.11), 6/4/18: Res. 2014-36 (§ 3.11), 4/14/14: Res. 2011-31 (§ 3.11), 4/11/11: Res. 2010-01 (§ 3.11), 1/4/10: Res. 2009-12 (§ 3.13), 1/26/09: Res. 2007-171 (§ 3.13), 12/17/07: Res. 2006-37 (§ 3.12), 3/27/06).

Article IV. Employment Status and Records

1.20.280 Employment categories.

(1) It is the intent of Chelan County to clarify the definitions of employment categories so that employees understand their employment status and benefit eligibility. These categories do not guarantee employment for any specified period of time. Accordingly, the right to terminate the employment relationship at will at any time is retained by both the employee and Chelan County.

(2) Each position is designated as either nonexempt or exempt from federal and state wage and hour laws. Employees in nonexempt positions are entitled to overtime pay under the specific provisions of federal and state laws. Employees in exempt positions are excluded from specific provisions of federal and state wage and hour laws. A position’s exempt or nonexempt classification is determined by applicable state and federal employment laws and is generally based on the amount of pay, type of pay (salary or hourly), and job duties.

An employee’s classification of either exempt or nonexempt may be changed only upon written notification by the Chelan County commissioners.

(3) In addition to the above categories, each employee will belong to one other employment category:

(A) “Elected officials” are the individuals elected by the people of Chelan County to serve in public office.

(B) “Permanent full-time” employees are those who are not in a temporary status and who are regularly scheduled to work Chelan County’s full-time schedule on a year-round basis. (Appointees are considered permanent, full-time employees as it relates to this handbook.)

(C) “Permanent part-time” employees are those who are not assigned to a temporary status and who are employed for less than the standard specified work week, but who work more than seventy hours per month, on a continuing basis.

(D) “Temporary” employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project, for a specific time period, or who work less than seventy hours per month on a continuing basis. 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.

(E) “Seasonal regular” employees are those whose anticipated level of daily activity is not consistent throughout the calendar year, yet continue to receive their salary at the high or low seasonal rate throughout the year.

(F) “Seasonal temporary” employees are those whose services are specific in a designated time period.

(G) “Seasonal full-time” employees are those that work full time in the same position for more than six months out of the year.

Please see the applicable collective bargaining agreement for definitions of full-time and part-time with regards to benefit eligibility.

Additional employment categories may be listed in collective bargaining agreements between county employees and the county. If there is a discrepancy between the above categories and the collective bargaining agreement, the appropriate collective bargaining agreement should be followed. Seasonal employees do not accrue vacation leave. This includes, but is not limited to, employees of Ohme Gardens, fair, airport workers, seasonal WSU cooperative extension workers, election workers, Monitor Park, farm worker housing, horticulture and public works who meet the qualifications of a seasonal regular, seasonal temporary, or seasonal full-time employee. In certain instances, longer term full-time seasonal employees may be eligible for benefits including leave accrual. (Res. 2021-83 (§ 4.1), 6/29/21; Res. 2018-45 (§ 4.1), 6/4/18: Res. 2014-36 (§ 4.1), 4/14/14: Res. 2011-31 (§ 4.1), 4/11/11: Res. 2010-01 (§ 4.1), 1/4/10: Res. 2009-12 (§ 4.1), 1/26/09: Res. 2007-171 (§ 4.1), 12/17/07: Res. 2006-37 (§ 4.1), 3/27/06).

1.20.290 Personnel data changes.

It is the responsibility of each employee to promptly notify Chelan County of any changes in personnel data. Personal mailing addresses, telephone numbers, addition and deletion of number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, and other such status reports should be accurate and current at all times. If any personnel data has changed, complete an updated human resources administration form (available through the human resources office or on the intranet) and forward to human resources immediately. Personnel data will be requested and utilized in a manner consistent with applicable and current employment law.

Employees must notify the human resources department of any change in family status (i.e., divorce, child custody) and fill out new benefit forms. Otherwise, an employee may be held liable for any county expenses inappropriately paid for benefits.

Chelan County may require employees to fill out an employee verification worksheet annually to verify their family status. (Res. 2021-83 (§ 4.2), 6/29/21; Res. 2018-45 (§ 4.2), 6/4/18: Res. 2014-36 (§ 4.2), 4/14/14: Res. 2011-31 (§ 4.2), 4/11/11: Res. 2010-01 (§ 4.2), 1/4/10: Res. 2009-12 (§ 4.2), 1/26/09: Res. 2007-171 (§ 4.2), 12/17/07: Res. 2006-37 (§ 4.2), 3/27/06).

1.20.300 Employment applications.

Chelan County relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. (Res. 2021-83 (§ 4.3), 6/29/21; Res. 2018-45 (§ 4.3), 6/4/18: Res. 2014-36 (§ 4.3), 4/14/14: Res. 2011-31 (§ 4.3), 4/11/11: Res. 2010-01 (§ 4.3), 1/4/10: Res. 2009-12 (§ 4.3), 1/26/09: Res. 2007-171 (§ 4.3), 12/17/07: Res. 2006-37 (§ 4.3), 3/27/06).

1.20.310 Job descriptions.

Department heads and elected officials are responsible for maintaining current job descriptions for the positions in their department. Each description may include a job information section, a job summary section (giving a general overview of the job’s purpose), an essential duties and responsibilities section, a supervisory responsibilities section, a qualifications section (including education and/or experience, language skills, mathematical skills, reasoning ability, and any certification required), a physical demands section, and a work environment section.

Chelan County maintains job descriptions to aid in orienting new employees to their jobs, identifying the requirements of each position, establishing hiring criteria, setting standards for employee performance evaluations, and establishing a basis for making reasonable accommodations for individuals with disabilities.

The elected official or department head prepares job descriptions when new positions are created. Existing job descriptions are also reviewed and revised in order to ensure that they are up to date. Job descriptions may also be rewritten periodically to reflect any changes in the position’s duties and responsibilities. If you have questions about the elements of your job description, you should seek clarification from your supervisor. When a new job description is created or a current job description is updated the department head or elected official is responsible for sending a copy to human resources.

Employees should remember that job descriptions do not necessarily cover every task or duty that might be assigned, and that additional responsibilities may be assigned as necessary. (Res. 2021-83 (§ 4.4), 6/29/21; Res. 2018-45 (§ 4.4), 6/4/18: Res. 2014-36 (§ 4.4), 4/14/14: Res. 2011-31 (§ 4.4), 4/11/11: Res. 2010-01 (§ 4.4), 1/4/10: Res. 2009-12 (§ 4.4), 1/26/09: Res. 2007-171 (§ 4.4), 12/17/07: Res. 2006-37 (§ 4.4), 3/27/06).

Article V. Employee Benefits

1.20.320 Employee benefits.

Eligible employees at Chelan County are provided a wide range of benefits. A number of the programs (such as Social Security, workers’ compensation, state disability, and unemployment insurance) cover all employees in the manner prescribed by law.

Benefits eligibility is dependent upon a variety of factors, including employee classification. Contact human resources to identify the programs for which you are eligible. Details of many of these programs can be found elsewhere in this handbook or in the applicable collective bargaining agreement for union members.

Open enrollment for making changes in benefit plans is mid-November through mid-December each year; contact human resources for details. (Res. 2021-83 (§ 5), 6/29/21; Res. 2018-45 (§ 5), 6/4/18: Res. 2014-36 (§ 5), 4/14/14: Res. 2011-31 (§ 5), 4/11/11: Res. 2010-01 (§ 5), 1/4/10: Res. 2009-12 (§ 5), 1/26/09: Res. 2007-171 (§ 5), 12/17/07: Res. 2006-37 (§ 5), 3/27/06).

1.20.325 Adjusted service date.

Some employee benefits and payroll changes are based on time served since the adjusted service date. If an employee is hired on or before the fifteenth of any given month, the adjusted service date will be the first day of the month in which they were hired. If an employee is hired after the fifteenth of any given month, the adjusted service date will be the first of the following month.

The adjusted service date may also account for periods of leave without pay not otherwise protected; or credit given for prior work experience. (Res. 2021-83 (§ 5.1), 6/29/21; Res. 2018-45 (§ 5.1), 6/4/18: Res. 2014-36 (§ 5.1), 4/14/14).

1.20.330 Vacation benefits.

(1) Vacation time off with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. Employees in the following employment classification(s) are eligible to earn and use vacation time as described in this policy:

(A) This section applies to employees to the extent that they are not covered by a collective bargaining agreement, or the accrual and use of vacation time is not addressed in the agreement. See the applicable collective bargaining agreement for additional information.

(B) Full-time employees accrue vacation at the rate of eight hours for each month of completed service but will only earn eight hours of vacation in their first month of employment if their hire date is on or before the fifteenth of the month. Full-time employees with a hire date after the fifteenth of the month will not earn vacation for that month.

(C) Part-time employees working schedules of at least thirty hours per week accrue vacation at the rate of six hours for each month of completed service. Part-time employees working at least twenty hours per week accrue vacation at the rate of four hours for each month of completed service. Part-time employees will only earn vacation in their first month of employment if their hire date is on or before the fifteenth of the month. Part-time employees with a hire date after the fifteenth of the month will not earn vacation for that month.

(D) Temporary employees do not earn vacation leave.

(2) Employees eligible for vacation will accrue vacation time in their final month of employment if their separation date is on or after the fifteenth of the month. Employees with separation dates before the fifteenth of the month will not earn vacation in the final month of employment.

(3) The length of eligible service is calculated on the basis of a “benefit year.” This is the twelve-month period that begins when the employee starts to earn vacation time. An employee’s benefit year may be extended for any significant leave of absence except military leave of absence. Military leave has no effect on this calculation. (See individual leave of absence policies for more information.)

(4) Paid vacation leave can be used in minimum increments of thirty minutes for employees in nonexempt positions. Employees in exempt positions must use vacation leave in four-hour increments. To take vacation leave, employees should request advance approval from their supervisors. Requests will be reviewed based on a number of factors, including business needs and staffing requirements.

(5) Vacation is paid at the employee’s base pay rate at the time of the vacation. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials.

(6) As stated above, employees are encouraged to use available paid vacation for rest, relaxation, and personal pursuits. In the event that available vacation is not used by the end of the benefit year, employees may carry unused vacation time forward to the next benefit year. Vacation time may be accumulated; however, the amount of such accumulated vacation will be limited to two hundred forty hours. An employee will be credited with unused vacation as earned monthly in excess of two hundred forty hours during the calendar year, but as of January 1st of the succeeding year, the employee’s vacation account will be reduced to two hundred forty hours.

(7) Upon separation of employment, employees may be paid for unused vacation time, up to two hundred forty hours, that has been accrued, payable at the employee’s salary rate as of the time of separation. However, if Chelan County, in its sole discretion, terminates employment for cause, forfeiture of unused vacation time may result.

(8) Upon an employee’s retirement, all accumulated annual leave up to two hundred forty hours shall be converted into the employee’s voluntary employee benefit account (VEBA) at the employee’s current rate of pay.

(9) In the event of death, all accumulated vacation will be paid to the estate of the employee. (Res. 2021-83 (§ 5.2), 6/29/21; Res. 2018-45 (§ 5.2), 6/4/18: Res. 2014-36 (§ 5.2), 4/14/14: Res. 2011-31 (§ 5.1), 4/11/11: Res. 2010-01 (§ 5.1), 1/4/10: Res. 2009-12 (§ 5.1), 1/26/09: Res. 2007-171 (§ 5.1), 12/17/07: Res. 2006-37 (§ 5.1), 3/27/06).

1.20.340 Longevity bonus leave.

Each permanent full-time and permanent part-time employee of Chelan County shall be granted longevity bonus annual leave hours with full pay after completing two, three, five, ten, fifteen, and twenty years of continuous service. Permanent part-time employees working at least twenty hours per week shall receive one-half of the paid vacation benefit received by a regular full-time employee. Permanent part-time employees working at least thirty hours per week shall receive three-quarters of the paid vacation benefit received by a regular full-time employee. If an employee changes between permanent part-time and permanent full-time status during the year, the longevity bonus annual leave hours will be prorated based on the number of months in each status. Longevity bonus hours will be credited to the employee’s leave bank on a monthly basis. Longevity bonus hours are scheduled to be granted according to the following:

Length of Service	Vacation Hours	Longevity Bonus	Total
1 year	96	0	96
2 years	96	1	108
3 years	96	1.5	114
5 years	96	3	132
10 years	96	4	144
15 years	96	6	168
20 years	96	7.5	186

(Res. 2021-83 (§ 5.3), 6/29/21; Res. 2018-45 (§ 5.3), 6/4/18: Res. 2014-36 (§ 5.3), 4/14/14: Res. 2011-31 (§ 5.2), 4/11/11: Res. 2010-01 (§ 5.2), 1/4/10: Res. 2009-12 (§ 5.2), 1/26/09: Res. 2007-171 (§ 5.2), 12/17/07: Res. 2006-37 (§ 5.2), 3/27/06).

1.20.345 Longevity bonus.

This longevity pay program is nondiscretionary and thus the bonuses are included in the employee’s regular rate of pay. Thus, the bonus is part of the regular rate of pay for purposes of calculating overtime pay, etc. Longevity bonus pay is to be paid on the employees’ anniversary date of the following intervals

Longevity
15 years	$750
20 years	$1,000
25 years	$1,250
30 years	$1,500
35 years	$1,750
40 years	$2,000
45 years	$2,250
50 years	$2,500

(Res. 2021-122, 10/4/2021; Res. 2021-83 (§ 5.4), 6/29/21).

1.20.350 Donation of annual leave.

The board of county commissioners has the sole authority to determine if any employee qualifies for receipt of donated annual leave.

Requests to solicit donations of annual leave must be made to the BOCC by the department head or elected official for which the employee works. Chelan County employees may donate accumulated annual leave to an employee who, as a result of being on extended sick leave as a result of serious illness or injury or medical complications related to pregnancy, has only eighty or less of combined accumulated sick, annual, holiday and compensatory time leaves. Annual leave shall be donated in increments of four hours. Eligibility to donate leave to a particular employee may be limited based on which fund and/or department/office the requesting employee works for.

The hours of donated annual leave will remain in the leave bank of the donating employee until they are needed by the receiving employee. Leave will be removed from the leave account of the donor and used by the donee in the order donations are received. Unused leave will remain in the account of the donor if the donee returns to work before the donated time is used. Employees with more than two hundred forty hours of annual leave, including hours designated as donated annual leave hours that have not been used, will have their annual leave balance reduced at the end of the year. (Res. 2021-83 (§ 5.5), 6/29/21; Res. 2018-45 (§ 5.4), 6/4/18: Res. 2014-36 (§ 5.4), 4/14/14: Res. 2011-31 (§ 5.3), 4/11/11: Res. 2010-01 (§ 5.3), 1/4/10: Res. 2009-12 (§ 5.3), 1/26/09: Res. 2007-171 (§ 5.3), 12/17/07: Res. 2006-37 (§ 5.3), 3/27/06).

1.20.360 Specified holidays and floating holidays.

(1) Chelan County generally grants holiday time off to all eligible employees on the specified holidays. The commissioners’ office will issue a memo to all employees in or around September of each year noting the holidays to be observed for the following calendar year.

(2) Holiday pay will be calculated based on the employee’s straight-time pay rate (as of the date of the holiday).

(3) Eligible employee classification(s):

(A) Full-time regular employees shall receive eight hours pay for each of the holidays listed at the end of the holiday on which they perform no work.

(B) Regular part-time employees with work schedules of at least thirty hours per week shall receive three-quarters of the paid holiday benefit received by a regular full-time employee.

(C) Regular part-time employees with work schedules of at least twenty hours per week shall receive one-half of the paid holiday benefit received by a regular full-time employee.

(4) A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A recognized holiday that falls on a Sunday will be observed on the following Monday.

(5) If a recognized holiday falls during an eligible employee’s paid absence (such as vacation or sick leave), holiday pay will be provided instead of the paid time off benefit that would otherwise have applied.

(6) If eligible nonexempt employees work on a recognized holiday, they will receive holiday pay plus wages at their straight-time rate for the hours worked on the holiday.

(7) In addition to the approved holidays, eligible employees will receive two floating holidays in each calendar year. These holidays must be scheduled with the prior approval of the employee’s supervisor, and must be used in the year received; they cannot be banked for future use. A floating holiday consists of eight hours. New hires will receive the floating holiday in their bank during the first month of employment if they begin employment on or before the fifteenth of the month. Employees with a start date on the sixteenth or after will receive their floating holiday the following month. (Res. 2021-83 (§ 5.6), 6/29/21; Res. 2018-45 (§ 5.5), 6/4/18: Res. 2014-36 (§ 5.5), 4/14/14: Res. 2011-31 (§ 5.4), 4/11/11: Res. 2010-01 (§ 5.4), 1/4/10: Res. 2009-12 (§ 5.4), 1/26/09: Res. 2007-171 (§ 5.4), 12/17/07: Res. 2006-37 (§ 5.4), 3/27/06).

1.20.365 Unpaid holidays for reason of faith or conscience.

(1) Under Washington law all employees of Chelan County are entitled to up to two unpaid holidays per calendar year for “a reason of faith or conscience or an organized activity conducted under the auspices of a religious denomination, church, or religious holiday.”

(2) Note that a partial day off will count as a full day toward your yearly allotment of two days. Note also that the law provides for unpaid leave, and there is no provision for substituting paid time off. If you wish to be compensated for the time off, please follow the policies for using accrued vacation leave or compensatory time or other paid time off.

(3) If you seek to take a day off or partial day off under this law, you must submit a written request to your department head or elected official at least two weeks in advance. Untimely requests will only be considered if you can demonstrate that timely notice was not possible under the circumstances.

(4) Your request should include the following information:

(A) Your name;

(B) The day(s) or partial day(s) that you are requesting off;

(C) A sufficient description of the reason for the leave so that the department head or elected official can determine if it is properly granted;

(D) If the request is untimely, the reason why it was not possible to submit the request in a timely manner.

(5) You will normally receive a response within five working days of receipt of your request. The request may be denied if:

(A) It was not submitted in a timely fashion; or

(B) The reason for the requested leave is not appropriate under the law; or

(D) You are in a public safety position, such as police, fire, or dispatch, and granting the leave would result in the shift falling below necessary staffing levels, or granting the request would cause an undue hardship. (Res. 2021-83 (§ 5.7), 6/29/21; Res. 2018-45 (§ 5.6), 6/4/18).

1.20.370 Health insurance.

(1) Chelan County’s health insurance plan provides employees and their dependents access to medical and dental insurance benefits. Eligible employees may participate in the health insurance plan subject to all terms and conditions of the agreement between Chelan County and the insurance carrier. Employees in the following employment classifications are currently eligible to participate in the health insurance plan:

(A) Elected officials;

(B) Permanent full-time employees—those working thirty hours per week or more;

(2) Currently, Chelan County offers several different health insurance options. Coverage, premiums, and deductions may vary with each plan. See your plan book for detailed information.

(3) All eligible employees will pay all costs in excess of the capped county contribution for health and dental care coverage for themselves, spouse and/or dependents they wish to cover. The employee will be required to enroll any spouse or dependent in the same plan as the employee enrolls in.

(4) Employees eligible for health insurance benefits will receive the full benefit in their final month of employment if they work one day in the corresponding month.

(5) Dependents who are not enrolled when first eligible (during the first thirty days after employee’s date of hire), are eligible to enroll only during the regular group open enrollment period, generally held in November/December of each year. Changes in enrollment for qualifying events may be made within four weeks of the allowable change in family status. Infants born while the employee is covered, and who are eligible dependents under this program, may be covered from birth at the employee’s expense.

(6) Employees must notify the human resources department of any change in family status (i.e., divorce, child custody) and fill out new benefit forms. Otherwise, an employee may be held liable for any county expenses inappropriately paid for benefits. Chelan County may require employees to fill out an employee verification worksheet annually to verify their status.

(7) A change in employment classification that would result in loss of eligibility to participate in the health insurance plan may qualify an employee for benefits continuation under the Consolidated Omnibus Budget Reconciliation Act (COBRA). Refer to the benefits continuation (COBRA) policy for more information.

(8) Details of the health insurance plan are described in the summary plan description (SPD). An SPD and information on cost of coverage will be provided in advance of enrollment to eligible employees. Contact the human resources department for more information about health insurance benefits.

(9) Employees falling under the thirty-hour per week threshold to qualify for medical benefits under county policy due to leave without pay not otherwise protected under law, will not be eligible for the county contribution toward insurance during the month their hours are reduced. Employees not qualifying for the county contribution for the month have the option to continue coverage by self-paying the premium for the month; contact human resources or payroll for amount due to continue coverage. (Res. 2021-83 (§ 5.8), 6/29/21; Res. 2018-45 (§ 5.7), 6/4/18: Res. 2014-36 (§ 5.6), 4/14/14: Res. 2011-31 (§ 5.5), 4/11/11: Res. 2010-01 (§ 5.5), 1/4/10: Res. 2009-12 (§ 5.5), 1/26/09: Res. 2007-171 (§ 5.5), 12/17/07: Res. 2006-37 (§ 5.5), 3/27/06).

1.20.380 Benefits continuation (COBRA).

The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under Chelan County’s health plan when a “qualifying event” would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, or death of an employee; a reduction in an employee’s hours or a leave of absence; an employee’s divorce or legal separation; and a dependent child no longer meeting eligibility requirements. For additional information on qualifying events and coverage extension limits, contact human resources.

Under COBRA, the employee or beneficiary pays the full cost of coverage at Chelan County’s group rates plus an administration fee. Chelan County provides each eligible employee and spouse (if any) with a written notice describing rights granted under COBRA when the employee or beneficiary becomes eligible for coverage under Chelan County’s health insurance plan. The notice contains important information about the employee’s rights and obligations. (Res. 2021-83 (§ 5.9), 6/29/21; Res. 2018-45 (§ 5.8), 6/4/18: Res. 2014-36 (§ 5.7), 4/14/14: Res. 2011-31 (§ 5.6), 4/11/11: Res. 2010-01 (§ 5.6), 1/4/10: Res. 2009-12 (§ 5.6), 1/26/09: Res. 2007-171 (§ 5.6), 12/17/07: Res. 2006-37 (§ 5.6), 3/27/06).

1.20.390 Flexible spending account (FSA).

(1) Chelan County provides a flexible spending account (FSA) program through AFLAC that allows employees to have pre-tax dollars deducted from their salaries to pay for eligible out-of-pocket expenses. The pre-tax contributions made to the FSA can be used to pay for predictable nonreimbursed health care expenses and dependent care expenses during the plan year. Through the FSA program, you can reduce your taxable income without reducing your real income, so that you can keep more of the money you earn.

(2) Employees in the following employment classifications are eligible to participate in the flexible spending account program:

(A) Elected officials;

(B) Permanent full-time employees;

(3) Participation in the unreimbursed medical and/or dependent day care FSA is optional and determined on an annual basis for the plan year. You must enroll for each plan year; enrollment cannot be changed at any time other than open enrollment. You determine how much to contribute to the account, up to a specified maximum, which will be communicated to employees on an annual basis, based on anticipated expenses during the plan year. Contributions are directed to the account through salary reduction on a pre-tax basis. This tax-free money is then available to you for reimbursement of out-of-pocket expenses. Up to five hundred dollars of the unreimbursed medical FSA may be rolled over into the following plan year; amounts in excess of five hundred dollars will be forfeited. Care should be taken not to overfund your account; these funds should be used before use of VEBA funds.

(4) Employees who leave employment with the county will have the balance of their FSA election withheld from their last paycheck if they have already received reimbursements greater than the deductions made to date.

(5) Unreimbursed Medical. The unreimbursed medical (URM) health care account lets you use pre-tax dollars to pay medical and dental care bills that you have paid out of pocket. The amount will be deducted from your pre-tax salary in equal amounts for the year. Qualifying bills are those for medicine or drugs not covered by insurance, noncovered vision expenses such as eye hardware and other nonreimbursed medical and dental treatment. Expenses for medical care include those incurred by covered dependents on the employee’s medical plan.

(6) Dependent Daycare. The dependent daycare account lets you use your pre-tax dollars to pay for childcare expenses such as nursery school, and other types of daycare outside of the home including daycare centers and select summer day camp programs. Through the dependent daycare FSA program, you can reduce your taxable income without reducing your real income, so that you can keep more of the money you earn.

(7) Details of the flexible spending account program are described in the Chelan County Benefit Handbook.

(8) Contact the human resources department for more information on the flexible spending account program and to obtain enrollment and reimbursement forms and worksheets with examples of reimbursable and nonreimbursable expenses. Open enrollment generally occurs mid-November through mid-December each year, allowing employees to enroll or change their withholding amount. (Res. 2021-83 (§ 5.10), 6/29/21; Res. 2018-45 (§ 5.9), 6/4/18: Res. 2014-36 (§ 5.8), 4/14/14: Res. 2011-31 (§ 5.7), 4/11/11: Res. 2010-01 (§ 5.7), 1/4/10: Res. 2009-12 (§ 5.7), 1/26/09: Res. 2007-171 (§ 5.7), 12/17/07: Res. 2006-37 (§ 5.7), 3/27/06).

1.20.400 Life insurance.

(1) Life insurance offers you and your family important financial protection. Chelan County provides a basic life insurance plan for eligible employees and their dependents. Additional supplemental and/or dependent life insurance coverage may also be purchased.

(2) Accidental death and dismemberment (AD&D) insurance provides protection in cases of serious injury or death resulting from an accident. AD&D insurance coverage is provided as part of the basic life insurance plan. Benefits are doubled in the cases of accidental death.

(3) Employees in the following employment classifications are eligible to participate in the life insurance plan:

(A) Elected officials;

(B) Permanent full-time employees;

(4) Chelan County currently pays the full premium for basic life and AD&D coverage for permanent full time and permanent part-time employees and elected officials.

(5) All eligible employees pay the full premium for supplemental life and AD&D coverage for themselves, their spouse and/or dependents they wish to cover.

(6) Eligible employees may participate in the life insurance plan subject to all terms and conditions of the agreement between Chelan County and the insurance carrier.

(7) Details of the basic life insurance plan including benefit amounts are described in the Chelan County Benefit Handbook provided to eligible employees. Contact human resources for more information about life insurance benefits. (Res. 2021-83 (§ 5.11), 6/29/21; Res. 2018-45 (§ 5.10), 6/4/18: Res. 2014-36 (§ 5.9), 4/14/14: Res. 2011-31 (§ 5.8), 4/11/11: Res. 2010-01 (§ 5.8), 1/4/10: Res. 2009-12 (§ 5.8), 1/26/09: Res. 2007-171 (§ 5.8), 12/17/07: Res. 2006-37 (§ 5.8), 3/27/06).

1.20.410 Long-term disability.

(1) Chelan County provides a voluntary long-term disability (LTD) benefits plan to help eligible employees cope with an illness or injury that results in a long-term absence from employment. LTD is designed to ensure a continuing income for employees who are disabled and unable to work.

(2) Employees in the following employment classifications are eligible to participate in the voluntary LTD plan:

(A) Elected officials;

(B) Permanent full-time employees;

(3) The Chelan County voluntary long-term disability plan is offered to employees, with employees required to pay the entire cost of the premium. Employees may decline to participate in the voluntary LTD plan.

(4) Eligible employees may participate in the LTD plan subject to all terms and conditions of the agreement between Chelan County and the insurance carrier.

(5) Details of the LTD benefits plan including benefit amounts, and limitations and restrictions are described in the summary plan description provided to eligible employees. Contact human resources for more information about LTD benefits. (Res. 2021-83 (§ 5.12), 6/29/21; Res. 2018-45 (§ 5.11), 6/4/18: Res. 2014-36 (§ 5.10), 4/14/14: Res. 2011-31 (§ 5.9), 4/11/11: Res. 2010-01 (§ 5.9), 1/4/10: Res. 2009-12 (§ 5.9), 1/26/09: Res. 2007-171 (§ 5.9), 12/17/07: Res. 2006-37 (§ 5.9), 3/27/06).

1.20.420 Voluntary insurance benefits.

(1) Additional benefits are available through AFLAC for employees to purchase, at their own expense, through payroll deduction:

(A) Accident expense insurance;

(B) Individual dental insurance;

(D) Cancer expense insurance;

(E) Intensive care expense insurance.

(2) For additional information and enrollment forms contact the human resources department. (Res. 2021-83 (§ 5.13), 6/29/21; Res. 2018-45 (§ 5.12), 6/4/18: Res. 2014-36 (§ 5.11), 4/14/14: Res. 2011-31 (§ 5.10), 4/11/11: Res. 2010-01 (§ 5.10), 1/4/10: Res. 2009-12 (§ 5.10), 1/26/09: Res. 2007-171 (§ 5.10), 12/17/07: Res. 2006-37 (§ 5.10), 3/27/06).

1.20.430 Retirement.

(1) Regular full-time employees and others meeting the DRS requirements are eligible for a state-sponsored retirement program.

(A) PERS 2 (Public Employees Retirement System).

(B) PERS 3 (Public Employees Retirement System).

(D) LEOFF 2 (Law Enforcement Officers and Fire Fighters).

(2) Contact human resources with questions about your retirement benefits through the Washington Department of Retirement Systems.

(3) Additional information can be found on each of these retirement programs online at www.drs.wa.gov. (Res. 2021-83 (§ 5.14), 6/29/21; Res. 2018-45 (§ 5.13), 6/4/18: Res. 2014-36 (§ 5.12), 4/14/14: Res. 2011-31 (§ 5.11), 4/11/11: Res. 2010-01 (§ 5.11), 1/4/10: Res. 2009-12 (§ 5.11), 1/26/09: Res. 2007-171 (§ 5.11), 12/17/07: Res. 2006-37 (§ 5.11), 3/27/06).

1.20.440 Voluntary employee benefit account (VEBA).

The HRA VEBA is a tax-free health savings account that is funded by the county for your current and future out-of-pocket medical and retiree health and insurance expenses, including dental and eyeglasses.

The county contributes a fixed amount per month to the HRA VEBA Plan of each eligible full time nonbargaining employee; bargaining employees see the applicable collective bargaining agreement for VEBA eligibility and details. The contributions are invested into one, two or all three funds, however you chose. Contact human resources for current contribution rates.

A VEBA is a tax-exempt trust authorized by the IRS. Your account will be credited with the tax-free contributions made by the county, and with the tax-free investment earnings, allowing you to obtain taxfree reimbursements for your medical expenses and insurance premium payments. HRA VEBA contributions are not W-2 reportable earnings.

An HRA VEBA account provides a tax-free source of funds to pay for the cost of health care expenses for you, your spouse, and your qualified dependents. The account may be used to pay for any qualified pre- or post-retirement medical, dental, or vision out-of-pocket expenses (deductibles, co-payments, coinsurance, policy exclusions, etc.), plus post-retirement premiums, some Medicare plans and tax qualified long-term care insurance premiums for employees, spouses, and qualified dependents. The account acts like a savings account, which can carry over year after year until the funds are exhausted.

Employees eligible for VEBA benefits will receive the full benefit in their first month of employment if their hire date is on or before the fifteenth of the month; employees will receive the full contribution amount in their final month of employment if their separation date is on or after the fifteenth of the month. Employees with separation dates before the fifteenth of the month will not earn VEBA benefits in the final month of employment.

Permanent part-time employees regularly scheduled for twenty or more hours per week, but less than forty, on an ongoing basis are eligible for VEBA contributions at the rate of one-half of the full-time employee contribution rate.

See Section 1.28.030, Sick leave, for additional VEBA contribution information. (Res. 2021-83 (§ 5.15), 6/29/21; Res. 2018-45 (§ 5.14), 6/4/18: Res. 2014-36 (§ 5.13), 4/14/14: Res. 2011-31 (§ 5.12), 4/11/11: Res. 2010-01 (§ 5.12), 1/4/10: Res. 2009-12 (§ 5.12), 1/26/09: Res. 2007-171 (§ 5.12), 12/17/07: Res. 2006-37 (§ 5.12), 3/27/06).

1.20.450 Deferred compensation.

(1) In addition to retirement through the State Department of Retirement Systems eligible employees may also make additional retirement contributions through a deferred compensation program, Section 457 of the Internal Revenue Code. Currently, eligible employees may contribute between twenty dollars per month and twenty-five percent of their gross income, to the maximum allowable under current IRS code.

(2) Employees may enroll in a deferred compensation program at any time after they have been hired full time or permanent part-time. Contact the human resources department for additional information on available deferred compensation programs. (Res. 2021-83 (§ 5.16), 6/29/21; Res. 2018-45 (§ 5.15), 6/4/18: Res. 2014-36 (§ 5.14), 4/14/14: Res. 2011-31 (§ 5.13), 4/11/11: Res. 2010-01 (§ 5.13), 1/4/10: Res. 2009-12 (§ 5.13), 1/26/09: Res. 2007-171 (§ 5.13), 12/17/07: Res. 2006-37 (§ 5.13), 3/27/06).

1.20.455 Employee assistance program (EAP).

(1) An employee assistance program (EAP) is available to all employees. This program is provided through ComPsych, in association with GuidanceResources. An EAP is a resource for employees and their families to get help with a number of issues they may face from emotional problems, relationship and family issues, to legal, financial or wellness concerns. ComPsych has a team of professionals ready to help day or night. The EAP is a strictly confidential employee benefit which provides assessment and short-term counseling to employees, their spouses and their dependents. An employee or an employee’s family member can access the program by calling the ComPsych GuidanceResources toll free number or going online.

(2) Using the Employee Assistance Program.

(A) Employees and their families have access to the EAP; the benefit is not limited to just the employee, the employee’s spouse and children may utilize the EAP for no cost.

(B) When an employee or their family member calls an intake specialist (a masters or PhD level minimum counselor) will collect some general information about you and will talk with you about your needs. This specialist will provide the name of a counselor who best fits your personal needs. You will then set up an appointment to speak with the counselor over the phone or in person. If the counselor determines that your issues can be resolved within three sessions, you will receive short-term counseling through the EAP. However, if it is determined that the problem cannot be resolved in short-term counseling through the EAP and you will need longer treatment, you will be referred to a specialist early on, and your insurance coverage wil1 be activated.

(C) Employee assistance program services are confidential, by law; ComPsych may not release any employee records to anyone without written consent of the employee or client.

(D) GuidanceResources also offers information on coping with depression, coping with everyday stress and balancing work and family.

(E) Employees and their families also have access to a resource called LegalConnect for information and assistance with legal problems, including divorce, estate planning matters, lawsuits, bankruptcy, adoptions and personal injury. LegalConnect is available to ask questions over the phone and if the specific questions require more in-depth assistance LegalConnect will refer you to a local attorney where you will receive a free consultation and twenty-five percent off of their regular rate.

(3) Contact the human resources department for additional information. (Res. 2021-83 (§ 5.17), 6/29/21; Res. 2018-45 (§ 5.16), 6/4/18: Res. 2014-36 (§ 5.15), 4/14/14: Res. 2011-31 (§ 5.14), 4/11/11: Res. 2010-01 (§ 5.14), 1/4/10: Res. 2009-12 (§ 5.14), 1/26/09).

1.20.510 Credit cards.

Employees may use Chelan County credit cards with approval from their elected official or department head. Cash advances on credit cards are prohibited.

Personal charges may not be made with a county credit card. Any charges which cannot be properly identified or are not properly allowed shall be paid promptly by the card user by check. This includes finance charges, late fees, etc.

See Chelan County financial policies for additional information on credit cards. (Res. 2021-83 (§ 5.18), 6/29/21; Res. 2018-45 (§ 5.18), 6/4/18: Res. 2014-36 (§ 5.17), 4/14/14: Res. 2011-31 (§ 5.17), 4/11/11: Res. 2010-01 (§ 5.18), 1/4/10: Res. 2009-12 (§ 5.18), 1/26/09: Res. 2007-171 (§ 5.17), 12/17/07: Res. 2006-37 (§ 5.19), 3/27/06).

1.20.520 Participation in elections.

Employees are encouraged to fulfill their civic responsibility by participating in elections. Voting is done solely by mail in Chelan County. Ballots can be requested on the auditor’s website. (Res. 2021-83 (§ 5.19), 6/29/21; Res. 2018-45 (§ 5.19), 6/4/18: Res. 2014-36 (§ 5.18), 4/14/14: Res. 2011-31 (§ 5.18), 4/11/11: Res. 2010-01 (§ 5.19), 1/4/10: Res. 2009-12 (§ 5.19), 1/26/09: Res. 2007-171 (§ 5.18), 12/17/07: Res. 2006-37 (§ 5.20), 3/27/06).

Article VI. Timekeeping and Payroll

1.20.530 Timesheets.

Accurately recording time worked is the responsibility of the employee in a nonexempt position. Federal and state laws require Chelan County to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties.

Employees in nonexempt positions should accurately record the time they begin and end their work. They should also record the beginning and ending time of any split shift or departure from work for personal reasons. Overtime work may be required to be pre-approved before it is performed. All work time and leave taken should be recorded in no less than fifteen-minute increments.

Altering, falsifying, tampering with time records, or recording time on another employee’s time record may result in disciplinary action, up to and including termination of employment.

It is the employees’ responsibility to sign their time sheets to certify the accuracy of all time recorded. The supervisor will review and then sign the time record before submitting it for payroll processing. Departments are responsible for verifying employee time; vacation, sick and comp time accruals, usage and balances are correct. Timesheets are due in the auditor’s office according to the payroll schedule on the intranet. Once time sheets have been forwarded to the auditor’s office, this becomes the official record for purposes of time worked. (Res. 2021-83 (§ 6.1), 6/29/21; Res. 2018-45 (§ 6.1), 6/4/18: Res. 2014-36 (§ 6.1), 4/14/14: Res. 2011-31 (§ 6.1), 4/11/11: Res. 2010-01 (§ 6.1), 1/4/10: Res. 2009-12 (§ 6.1), 1/26/09: Res. 2007-171 (§ 6.1), 12/17/07: Res. 2006-37 (§ 6.1), 3/27/06).

1.20.540 Payroll change notices.

In order to have payroll changes entered into the financial system before payroll has to be entered, payroll change notices for current employees must be completed and turned in to the human resources department two weeks before the effective date of the change.

New hire payroll change notices must be turned in to the human resources department within two weeks of beginning employment with the county or before payroll is due in the auditor’s office that month, whichever comes first. Payroll cannot be processed without an approved new hire payroll change notice. (Res. 2021-83 (§ 6.2), 6/29/21; Res. 2018-45 (§ 6.2), 6/4/18: Res. 2014-36 (§ 6.2), 4/14/14: Res. 2011-31 (§ 6.2), 4/11/11: Res. 2010-01 (§ 6.2), 1/4/10: Res. 2009-12 (§ 6.2), 1/26/09: Res. 2007-171 (§ 6.2), 12/17/07: Res. 2006-37 (§ 6.2), 3/27/06).

1.20.550 Paydays.

All employees are paid monthly, on the fifth day of the month. In the event that a regularly scheduled payday falls on a day off such as a weekend or holiday, employees will receive pay on the last day of work before the regularly scheduled payday. Each paycheck will include earnings for all work performed through the end of the previous payroll period. For salaried employees, the payroll period runs from the first to the last day of each month. (Res. 2021-83 (§ 6.3), 6/29/21; Res. 2018-45 (§ 6.3), 6/4/18: Res. 2014-36 (§ 6.3), 4/14/14: Res. 2011-31 (§ 6.3), 4/11/11: Res. 2010-01 (§ 6.3), 1/4/10: Res. 2009-12 (§ 6.3), 1/26/09: Res. 2007-171 (§ 6.3), 12/17/07: Res. 2006-37 (§ 6.3), 3/27/06).

1.20.560 Draws.

Requests for draws shall not exceed fifty percent of the earned monthly salary or eighty percent of the hours worked through the fifteenth of the month for the hourly employee per RCW 36.17.040.

Temporary and seasonal hourly employees may receive draws; however, they may only draw fifty percent of the hours worked in the previous month. Any draw for these employees must be requested and approved by the appropriate department head each month; permanent draws are not allowed in these circumstances.

Draw forms must be signed by the authorized supervisor/department head before being sent to the human resources department. The signed request must be in to the auditor’s office no later than the fifteenth of the month. Draw forms may be printed off of the intranet or requested from human resources.

Draws will be issued on the twentieth of each month and may be picked up after eight a.m. If the twentieth falls on a weekend or holiday the draws will be available by twelve p.m. on that prior Friday. If direct deposit is requested the draw amount will be deposited directly to the employee’s account on the twentieth or last working day prior to the twentieth.

It is the responsibility of the department to notify the auditor’s office if an employee is terminated before the draw date so the draw will not be issued. It is also the responsibility of the department head to anticipate if a temporary employee will earn enough to merit a requested draw. (Res. 2021-83 (§ 6.4), 6/29/21; Res. 2018-45 (§ 6.4), 6/4/18: Res. 2014-36 (§ 6.4), 4/14/14: Res. 2011-31 (§ 6.4), 4/11/11: Res. 2010-01 (§ 6.4), 1/4/10: Res. 2009-12 (§ 6.4), 1/26/09: Res. 2007-171 (§ 6.4), 12/17/07: Res. 2006-37 (§ 6.4), 3/27/06).

1.20.570 Direct deposit.

All employees are encouraged to enroll for direct deposit. Employees not wishing to receive pay via direct deposit should contact human resources for additional information. Employees will receive an itemized statement of wages when Chelan County makes direct deposits. This direct deposit option is available for both payday and draws. A signed request form must be in the auditor’s office no later than the fifteenth day of the month. Direct deposit forms may be printed off the intranet. If an employee changes bank accounts a new direct deposit sheet must be completed and signed. (Res. 2021-83 (§ 6.5), 6/29/21; Res. 2018-45 (§ 6.5), 6/4/18: Res. 2014-36 (§ 6.5), 4/14/14: Res. 2011-31 (§ 6.5), 4/11/11: Res. 2010-01 (§ 6.5), 1/4/10: Res. 2009-12 (§ 6.5), 1/26/09: Res. 2007-171 (§ 6.5), 12/17/07: Res. 2006-37 (§ 6.5), 3/27/06).

1.20.580 Return of property.

Employees are responsible for all Chelan County property, materials, or written information issued to them or in their possession or control. Employees must return all Chelan County property immediately upon request or upon termination of employment. Where permitted by applicable laws, Chelan County may withhold from the employee’s check or final paycheck the cost of any items that are not returned when required. Chelan County may also take all action deemed appropriate to recover or protect its property. (Res. 2021-83 (§ 6.6), 6/29/21; Res. 2018-45 (§ 6.6), 6/4/18: Res. 2014-36 (§ 6.6), 4/14/14: Res. 2011-31 (§ 6.6), 4/11/11: Res. 2010-01 (§ 6.6), 1/4/10: Res. 2009-12 (§ 6.6), 1/26/09: Res. 2007-171 (§ 6.6), 12/17/07: Res. 2006-37 (§ 6.6), 3/27/06).

1.20.590 Resignation.

Resignation is a voluntary act initiated by the employee to terminate employment with Chelan County. Although advance notice is not required, Chelan County requests at least two weeks’ written resignation notice from all employees. Upon resignation employees will have to fill out a termination of employment form.

Prior to an employee’s departure, human resources may request the employee participate in an exit interview in which the employee will be asked to discuss his/her reasons for resignation and will be informed of the effect resignation has on employee benefits. No employee is required to participate in an exit interview.

Termination/resignation forms are available on the intranet. (Res. 2021-83 (§ 6.7), 6/29/21; Res. 2018-45 (§ 6.7), 6/4/18: Res. 2014-36 (§ 6.7), 4/14/14: Res. 2011-31 (§ 6.7), 4/11/11: Res. 2010-01 (§ 6.7), 1/4/10: Res. 2009-12 (§ 6.7), 1/26/09: Res. 2007-171 (§ 6.7), 12/17/07: Res. 2006-37 (§ 6.7), 3/27/06).

1.20.595 Layoffs.

Layoff, or the elimination of a position, can occur when there is a lack of available funding or work, a reduction in the size of the workforce, reorganization, or other changes in the workplace which impact staffing needs. When this occurs, affected employees will be given two weeks’ notice of a pending layoff, or severance pay in lieu of notice. Severance pay will be limited to two weeks unless otherwise approved. (Res. 2021-83 (§ 6.8), 6/29/21; Res. 2018-45 (§ 6.8), 6/4/18: Res. 2014-36 (§ 6.8), 4/14/14: Res. 2011-31 (§ 6.8), 4/11/11: Res. 2010-01 (§ 6.8), 1/4/10).

1.20.600 Employment termination.

(1) Termination of employment is an inevitable part of personnel activity within any organization, and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is terminated:

(A) Resignation: voluntary employment termination initiated by an employee.

(B) Discharge: involuntary employment termination initiated by the organization.

(C) Layoff: involuntary employment termination initiated by the organization for nondisciplinary reasons; an employee terminated through the layoff process does not have reemployment rights.

(D) Retirement: voluntary employment termination initiated by the employee meeting age, length of service, and any other criteria for retirement from the organization.

(2) Employees will receive their final pay in accordance with applicable state law. Employee benefits are generally affected by employment termination in the following manner. All accrued, vested benefits that are due and payable at termination will be paid; provided, that if Chelan County, in its sole discretion, terminates employment for cause, forfeiture of vacation time may result. 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.

(3) Chelan County may schedule exit interviews at the time of employment termination. The exit interview affords an opportunity to discuss such issues as employee benefits, conversion privileges, or return of Chelan County-owned property. Suggestions, comments, and questions may also be voiced. All property assigned to the employee should be turned in to the employee’s supervisor. (Res. 2021-83 (§ 6.9), 6/29/21; Res. 2018-45 (§ 6.9), 6/4/18: Res. 2014-36 (§ 6.9), 4/14/14: Res. 2011-31 (§ 6.9), 4/11/11: Res. 2010-01 (§ 6.9), 1/4/10: Res. 2009-12 (§ 6.8), 1/26/09: Res. 2007-171 (§ 6.8), 12/17/07: Res. 2006-37 (§ 6.8), 3/27/06).

1.20.610 Administrative pay corrections.

Chelan County takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday.

In the event that an employee believes there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of their supervisor and payroll so that corrections can be made as quickly as possible.

In the event that the county determines an overpayment of wages or benefits has occurred, the employee will be notified and a plan will be implemented to recoup the overpayment of wages or benefits, as allowed under state law. Recouping an overpayment of wages will result in withholding a fixed amount from the employee’s monthly pay until the full amount of the overpayment has been recouped. (Res. 2021-83 (§ 6.10), 6/29/21; Res. 2018-45 (§ 6.10), 6/4/18: Res. 2014-36 (§ 6.10), 4/14/14: Res. 2011-31 (§ 6.10), 4/11/11: Res. 2010-01 (§ 6.10), 1/4/10: Res. 2009-12 (§ 6.9), 1/26/09: Res. 2007-171 (§ 6.9), 12/17/07: Res. 2006-37 (§ 6.9), 3/27/06).

1.20.620 Pay deductions.

The law requires that Chelan County make certain deductions from every employee’s compensation. Among these are applicable federal, state, and local income taxes. Chelan County also must deduct Social Security taxes on each employee’s earnings up to a specified limit that is called the Social Security “wage base.” Chelan County matches the amount of Social Security taxes paid by each employee.

Chelan County offers programs and benefits beyond those required by law. Eligible employees may voluntarily authorize deductions from their paychecks to cover the costs of participation in these programs.

If you have questions concerning why deductions were made from your paycheck or how they were calculated, contact the auditor’s office. (Res. 2021-83 (§ 6.11), 6/29/21; Res. 2018-45 (§ 6.11), 6/4/18: Res. 2014-36 (§ 6.11), 4/14/14: Res. 2011-31 (§ 6.11), 4/11/11: Res. 2010-01 (§ 6.11), 1/4/10: Res. 2009-12 (§ 6.10), 1/26/09: Res. 2007-171 (§ 6.10), 12/17/07: Res. 2006-37 (§ 6.10), 3/27/06).

1.20.625 Step increase schedule.

(1) Time-In-Step Schedule. Each classified pay grade has been given a seven-step salary range with promotion within the steps as follows:

After completion of one year at step two, employees shall be elevated to step three.

After completion of one year at step three, employees shall be elevated to step four.

After completion of two years at step four, employees shall be elevated to step five.

After completion of two years at step five, employees shall be elevated to step six.

After completion of three years at step six, employees shall be elevated to step seven.

After completion of three years at step seven, employees shall be elevated to step eight.

(2) Hiring. Department heads or elected officials have the sole discretion to hire at steps two through four depending on qualifications when filling positions. Exceptions to hire at steps five through eight must be specifically approved by the board of county commissioners. After initial hiring, all step increases must follow the time-in-step schedule unless otherwise authorized by the commissioners.

(3) Step Adjustments. During the probationary period the department head or elected official may determine that the probationary employee was not placed appropriately on the step schedule based on prior skills and experience, or current performance exceeding expectation of current step placement. During the probationary period the department head or elected official may submit a request to adjust the employee’s step placement. Requests should be submitted to human resources for review and approval by the BOCC.

The request should include:

(A) A letter outlining rationale for initial step placement request; and

(B) Requested adjustment to proposed step; and

(4) Transfers. If an employee transfers from one county department to another county department at the same pay grade and same step, the time-in-step measurement date continues from their previous position.

However, if an employee transfers at a different pay grade or is transferred at a different step, then the time-in-step measurement date starts over as of the date of transfer. Department heads or elected officials have the discretion to hire employees from another department at steps two through four depending on qualifications.

(5) Promotions. When an employee is promoted to a different pay grade, the time-in-step measurement date starts over as of the date of promotion to the new pay grade and step. (Res. 2021-83 (§ 6.12), 6/29/21; Res. 2019-18 (Att. A), 1/28/19: Res. 2018-45 (§ 6.12), 6/4/18: Res. 2014-36 (§ 6.12), 4/14/14).

1.20.627 Out-of-class pay.

The purpose of this section is to ensure that both operational continuity and fair compensation are maintained during circumstances where an employee is absent or a position is vacant and it is necessary, optimal, or advantageous, to use an existing employee from the same or a different department or office to perform the work and/or duties of the vacant position or absent employee. This section only applies to situations when an existing employee performs work and/or duties of a higher classification than is that employee’s current or regular classification or compensation. This section does not apply to situations when extra work is performed when covering for a vacant position or absent employee of either the same or a lower classification. This section does not apply to situations when extra work is performed when covering for a vacant position or absent employee in a higher classification for a short period and when such coverage duty is included in the performing employee’s job description at time of hiring or labor contract at time of performance of coverage.

(1) Definitions.

(A) “Short period” means twenty-two consecutive work days or less.

(B) “Extended period” means more than twenty-two consecutive work days.

(D) “Lower classification” means lower PW number and lower compensation at corresponding step.

(E) “Same classification” means same PW number and same compensation at corresponding step.

(F) “Supervisor” means not the director of a department nor an elected official but has supervisory duties.

(G) “Director” means highest position in a department supervised by the board of commissioners.

(H) “Manager” means not the director of a department nor an elected official but has supervisory duties.

(I) “Eligible employee” means full-time and/or part-time permanent county employee.

(J) “Past practice” means compensate performance of higher-class work in full from start date of performance, not just from approval date, no exclusion of short period of time.

(K) “Compensation” means pay and benefits.

(L) “Lead” means not the director of a department nor an elected official but has supervisory duties.

(M) “Temporary assignment” means approved by department director or elected official; start date is first day higher class work/duties performed, including first twenty-two days, and not starting only at next pay period after approval.

(2) Compensation for Performance of Work of Higher Classification. Compensation for performing work and/or duties at a higher classification including but not necessarily limited to supervisor, manager, or lead, is provided as monetary acknowledgment to an employee for the assumption and performance of work and/or duties normally performed by an employee of a higher classification. The assumption and performance of the work and/or duties of the higher classification must contain responsibilities of the higher classification not included in the employee’s current classification. The employee must possess any state-required licenses for the higher classification. The classification must be one identified to be current or approved within the office, department, or division. The employee shall be paid for all work at the rate and benefits assigned to the higher classified position, at the employee’s current step, or a flat five percent above the employee’s regular pay, whichever is greater, and shall receive higher class pay for all hours worked, provided that a minimum of four hours per day or twenty hours per week comprise higher classification work and/or duties for the duration of the temporary assignment. Compensation shall be paid retroactive to the date the work and/or duties started to be performed.

(3) Approval and Commencement of Temporary Assignment. In circumstances where advance approval for a temporary assignment to higher classification work and/or duties cannot occur, compensation shall be paid retroactive to the date the work and/or duties started to be performed. Prior approval of the county commission is required for temporary assignments to higher classifications for county commission staff. Notice to the county commission as soon as practicable is required for higher classification temporary assignments for departments supervised by the county commission. Notice of higher classification temporary assignments made by other elected officials should be provided to the county commission as soon as practicable. Any internal budget changes within an existing office or department’s current year budget necessary to accommodate an out-of-class assignment made by an elected official or department director is within the discretion of that elected official or department director. In cases where a budget increase is needed, it should be treated according to the codified emergency supplemental budget increase process.

(4) Authority. Each elected official and department director is authorized to determine when and by whom the work and duties of an absent employee or a vacant position will be performed within his or her respective office or department. Elected officials and appointed department directors are authorized to share employees for temporary assignments. Each department director and elected official has the authority to revoke a temporary assignment at any time and without notice.

(5) Selection of Eligible Employees. Only full-time or part-time permanent county employees are eligible to fill temporary assignments to perform work and/or duties of higher-class positions. Employees may come from a different department or office of county government if agreed upon between elected officials and/or department directors.

Salary placement for interim appointments to director positions in departments supervised by the board of commissioners shall be determined by the board of commissioners. Management, supervisor, or lead position temporary assignments can be determined by a department director or elected official.

Temporary employees, including seasonal, term-limited temporary employees, contract, and/or temporary agency employees are not eligible for temporary assignments.

(6) Notice to Employee. As soon as practicable, the relevant department director or elected official will provide to the employee performing a temporary assignment of higher class work and/or duties written notice containing the position title, description, date upon which higher class work and/or duties and compensation commenced or will commence, a list of work and/or duties required to be performed for the duration of the assignment, the job classification and applicable step, compensation, and an estimated length of time that the temporary assignment will last, that the temporary assignment is revocable at any time without notice, and that the temporary assignment does not confer on the employee any new privilege, right of appeal, right of position, transfer, demotion, promotion, or reinstatement.

(7) Return to Regular Assignment. When the temporary assignment is complete, the employee’s salary will be readjusted to its previous level at the increment where it would have been, including adjustments such as, but not necessarily limited to, COLA, merit, and seniority adjustments, and within range increases, as if the out-of-class or acting supervisor/manager/lead pay had not been made. The adjustment to the previous level shall be made the first day of the following pay period in which the assignment is terminated. The employee’s hire date and continuous service date will remain unchanged throughout the temporary assignment.

Temporary assignment pay shall be considered proportionally to regular pay when cashing out or converting vacation or sick leave or when making vacation or sick leave donations. If the temporary assignment position is converted to a regular position and the employee who served in the temporary assignment position is hired into the regular position, the time served in the temporary assignment shall count toward any required probationary period. (Res. 2021-83 (§ 6.13), 6/29/21).

Article VII. Workplace Conditions and Hours

1.20.630 Safety.

To assist in providing a safe and healthy work environment for employees, customers, and visitors, Chelan County has established a workplace safety program. This program is a top priority for Chelan County. The commissioners’ office has responsibility for implementing, administering, monitoring, and evaluating the safety program. Its success depends on the alertness and personal commitment of all.

Chelan County provides information to employees about workplace safety and health issues through internal communication channels such as supervisor-employee meetings, bulletin board postings, memos, or other written communications. A labor-management safety committee, composed of representatives from throughout the organization, has been established to help monitor Chelan County’s safety program and to facilitate effective communication between employees and management about workplace safety and health issues.

Employees and supervisors may receive periodic workplace safety training. The training covers potential safety and health hazards and safe work practices and procedures to eliminate or minimize hazards.

Some of the best safety improvement ideas come from employees. Those with ideas, concerns, or suggestions for improved safety in the workplace are encouraged to raise them with their supervisor, or with another supervisor or manager, or bring them to the attention of a member of the safety committee. Reports and concerns about workplace safety issues may be made anonymously if the employee wishes. All reports can be made without fear of reprisal.

Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety standards, who cause hazardous or dangerous situations, who fail to report or where appropriate fail to remedy such situations, may be subject to disciplinary action, up to and including termination of employment.

In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify the human resources department and his/her appropriate supervisor. Such reports are necessary to comply with laws and initiate insurance and workers’ compensation benefits procedures. (Res. 2021-83 (§ 7.1), 6/29/21; Res. 2018-45 (§ 7.1), 6/4/18: Res. 2014-36 (§ 7.1), 4/14/14: Res. 2011-31 (§ 7.1), 4/11/11: Res. 2010-01 (§ 7.1), 1/4/10: Res. 2009-12 (§ 7.1), 1/26/09: Res. 2007-171 (§ 7.1), 12/17/07: Res. 2006-37 (§ 7.1), 3/27/06).

1.20.640 Security inspections.

Chelan County wishes to maintain a work environment that is free of illegal drugs, alcohol, firearms, explosives, or other improper materials. To this end, Chelan County prohibits the possession, transfer, sale, or use of such materials on its premises. Chelan County requires the cooperation of all employees in administering this policy.

Desks, lockers, and other storage devices may be provided for the convenience of employees but remain the sole property of Chelan County. Accordingly, any agent or representative of Chelan County may inspect them, as well as any articles found within them, either with or without prior notice (see also, Section 1.20.130, Drug and alcohol use, for more information on Chelan County’s authority to search county and employee personal property). (Res. 2021-83 (§ 7.2), 6/29/21; Res. 2018-45 (§ 7.2), 6/4/18: Res. 2014-36 (§ 7.2), 4/14/14: Res. 2011-31 (§ 7.2), 4/11/11: Res. 2010-01 (§ 7.2), 1/4/10: Res. 2009-12 (§ 7.2), 1/26/09: Res. 2007-171 (§ 7.2), 12/17/07: Res. 2006-37 (§ 7.2), 3/27/06).

1.20.650 Solicitations.

In an effort to ensure a productive and harmonious work environment, persons not employed by Chelan County may not solicit or distribute literature in the workplace at any time for any purpose.

Chelan County recognizes that employees may have interests in events and organizations outside the workplace. However, employees may not solicit or distribute literature concerning these activities during working time. (Working time does not include lunch periods, work breaks, or any other periods in which employees are not on duty.) (Res. 2021-83 (§ 7.3), 6/29/21; Res. 2018-45 (§ 7.3), 6/4/18: Res. 2014-36 (§ 7.3), 4/14/14: Res. 2011-31 (§ 7.3), 4/11/11: Res. 2010-01 (§ 7.3), 1/4/10: Res. 2009-12 (§ 7.3), 1/26/09: Res. 2007-171 (§ 7.3), 12/17/07: Res. 2006-37 (§ 7.3), 3/27/06).

1.20.660 Work schedules.

Work schedules for employees vary throughout Chelan County, by department and building. County office is open for business between the hours of nine a.m. and five p.m., Monday through Friday. Supervisors will advise employees of their individual work schedules. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week.

See also Section 1.20.700, Overtime and comp time, and/or the applicable collective bargaining agreement, for detailed explanation of work week. (Res. 2021-83 (§ 7.4), 6/29/21; Res. 2018-45 (§ 7.4), 6/4/18: Res. 2014-36 (§ 7.4), 4/14/14: Res. 2011-31 (§ 7.4), 4/11/11: Res. 2010-01 (§ 7.4), 1/4/10: Res. 2009-12 (§ 7.4), 1/26/09: Res. 2007-171 (§ 7.4), 12/17/07: Res. 2006-37 (§ 7.4), 3/27/06).

1.20.670 Use of phone systems.

Personal use of any Chelan County telephone or cellular phone purchased and owned by Chelan County for any toll calls is not permitted. Employees should practice discretion when making local personal calls and may be required to reimburse Chelan County for any charges resulting from their personal use of the telephone.

Chelan County shall not be obligated in any way to reimburse an employee for business calls made on a personal cellular phone owned by the employee through the County program.

To ensure effective telephone communications, employees should always speak in a courteous and professional manner. Please confirm information received from the caller, and hang up only after the caller has done so. (Res. 2021-83 (§ 7.5), 6/29/21; Res. 2018-45 (§ 7.5), 6/4/18: Res. 2014-36 (§ 7.5), 4/14/14: Res. 2011-31 (§ 7.5), 4/11/11: Res. 2010-01 (§ 7.5), 1/4/10: Res. 2009-12 (§ 7.5), 1/26/09: Res. 2007-171 (§ 7.5), 12/17/07: Res. 2006-37 (§ 7.5), 3/27/06).

1.20.680 Smoking.

As both a public place and a place of employment, smoking is prohibited on Chelan County Courthouse property. The smoking ban extends twenty-five feet from all doors, windows, ventilation ducts and air intake systems, in compliance with Washington State law.

Designated smoking areas meeting these requirements will be marked for employee use.

Receptacles will be located at intervals around the county campus; “No Smoking” signs will be displayed as a reminder. (Res. 2021-83 (§ 7.6), 6/29/21; Res. 2018-45 (§ 7.6), 6/4/18: Res. 2014-36 (§ 7.6), 4/14/14: Res. 2011-31 (§ 7.6), 4/11/11: Res. 2010-01 (§ 7.6), 1/4/10: Res. 2009-12 (§ 7.6), 1/26/09: Res. 2007-171 (§ 7.6), 12/17/07: Res. 2006-37 (§ 7.6), 3/27/06).

1.20.690 Breaks—Meals, rest, lactation.

(1) Lunch Breaks. Nonexempt employees (as that term is discussed in Section 1.20.280) who work a shift of more than five consecutive hours must be allowed a meal break of at least thirty minutes, beginning no earlier than two hours after the start of the shift and no later than five hours thereafter. Supervisors will schedule meal periods to accommodate operating requirements. Nonexempt employees will generally be relieved of all active responsibilities and restrictions during meal periods and will not be compensated for that time.

If the job requires nonexempt employees to stay on the work premises during the break, employees will be paid for this time. In the event this time is counted and paid as time worked, employees must not be absent from their work stations during that time.

(2) Rest Breaks. Nonexempt employees shall be allowed a paid rest period, free from duties, of at least ten minutes but no more than fifteen minutes for every four hours worked. Employees cannot be required to work more than three hours without a rest break. Breaks must be scheduled as close to the midpoint of a work period as possible. Rest breaks taken are considered “hours worked” when calculating paid sick leave and overtime. All rest periods shall be taken at the employee’s job site, unless otherwise approved by the employee’s department head. County vehicles and/or equipment shall not be operated during rest periods.

In addition, employees shall be provided “reasonable access” to bathrooms and toilet facilities, and will not be restricted to use of a bathroom or toilet facility pursuant to a rigid time schedule (e.g., only during scheduled breaks).

Without prior approval, nonexempt employees will not be allowed to utilize the break periods at the beginning and end of any scheduled shift, resulting in a compressed workday.

Meal and rest breaks are designed to allow nonexempt employees a defined break time. In departments where defined break times are not required, personal time used to get coffee or handle non-businessrelated matters will qualify as time used for the rest period.

(3) Lactation Breaks. For up to two years after the child’s birth, any employee who is breastfeeding her child will be provided reasonable break times to express breast milk for her newborn. Chelan County has designated a room on level one in the Courthouse for this purpose. Nursing mothers wishing to use this room should contact maintenance to get a key to the room. (Res. 2021-83 (§ 7.7), 6/29/21; Res. 2018-45 (§ 7.7), 6/4/18: Res. 2014-36 (§ 7.7), 4/14/14: Res. 2011-31 (§ 7.7), 4/11/11: Res. 2010-01 (§ 7.7), 1/4/10: Res. 2009-12 (§ 7.7), 1/26/09: Res. 2007-171 (§ 7.7), 12/17/07: Res. 2006-37 (§ 7.7), 3/27/06).

1.20.700 Overtime and comp time.

Chelan County follows the federal Fair Labor Standards Act (“FLSA”) and Washington’s Minimum Wage Act (“MWA”) guidelines with regards to overtime for nonexempt employees. Employees will be compensated at time and one-half their regular rate for hours worked in excess of forty per week. When in travel status, employees will only be compensated for actual hours worked or in the case of more than one employee traveling in one car, only the driver will receive overtime pay for hours driven outside of their regular work day. When travel by airplane, train or bus is necessary, the employee will only be paid overtime for time spent working during travel, when outside of the normal workday.

When operating requirements or other needs cannot be met during regular working hours, employees may be scheduled to work overtime hours. When possible, advance notification of these mandatory assignments will be provided. All overtime work should receive the supervisor’s prior authorization. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work.

Overtime compensation is paid to all employees in nonexempt positions in accordance with federal and state wage and hour restrictions (employees in exempt positions are not eligible for overtime compensation). Currently, overtime is based on hours worked above forty within a seven-day work week and paid at a rate of time and one-half the normal hourly rate. The county’s established workweek period begins at 12:01 a.m. Sunday and goes through twelve midnight on Saturday, unless otherwise stipulated by department, or the collective bargaining agreement in accordance with FLSA requirements.

Employees in nonexempt positions have the option of taking compensatory (comp) time off in lieu of paid overtime. This option is solely at the employee’s discretion. Comp time accumulates at one and one-half times the number of hours actually worked. Time off shall be scheduled by mutual agreement between the employee and his/her department head/elected official. Accumulated comp time must be used prior to using other types of paid leave, other than sick leave or Kelly time. The total of accumulated comp time shall not exceed eighty hours per employee. Only forty hours of comp time may be carried forward to a new calendar year. Employees will be paid out for any comp time hours in excess of forty hours that are not paid out or taken off by December 31st. Each nonexempt employee shall report comp time hours earned and taken on his or her monthly time sheet. The payroll department shall be responsible for maintaining the official record of comp time balances. In accordance with FLSA and Labor and Industries standards, compensatory time will be paid in fifteen-minute increments and as follows:

(1) Employee time from one through seven minutes may be rounded down, and not counted as hours worked.

(2) Employee time from eight through fourteen minutes must be rounded up and counted as a quarter hour of work time.

Exempt positions are not covered by the FLSA and MWA overtime provisions and do not receive either overtime pay or compensatory time in lieu of overtime pay. See your supervisor to determine whether your position is considered exempt or nonexempt. (Res. 2021-83 (§ 7.8), 6/29/21; Res. 2018-45 (§ 7.8), 6/4/18: Res. 2014-36 (§ 7.8), 4/14/14: Res. 2011-31 (§ 7.8), 4/11/11: Res. 2010-01 (§ 7.8), 1/4/10: Res. 2009-12 (§ 7.8), 1/26/09: Res. 2007-171 (§ 7.8), 12/17/07: Res. 2006-37 (§ 7.8), 3/27/06).

1.20.705 Hours worked.

For the purpose of computing overtime for nonbargaining, nonexempt employees, holidays, sick leave and annual leave will count as hours worked. Comp time will not count as hours worked for the purpose of computing overtime. (Res. 2021-83 (§ 7.9), 6/29/21; Res. 2018-45 (§ 7.9), 6/4/18: Res. 2014-36 (§ 7.9), 4/14/14: Res. 2011-31 (§ 7.9), 4/11/11: Res. 2010-01 (§ 7.9), 1/4/10: Res. 2009-12 (§ 7.9), 1/26/09: Res. 2007-171 (§ 7.9), 12/17/07).

1.20.708 Hours worked—Travel time.

Chelan County will follow FLSA guidelines regarding hours worked during travel. Travel away from home is clearly time worked when it cuts across the employee’s workday. The time is not only hours worked on regular working days during normal work areas but also during corresponding hours on nonworking days. As an enforcement policy, the (wage and hour) division will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus or automobile. (Res. 2021-83 (§ 7.10), 6/29/21; Res. 2018-45 (§ 7.10), 6/4/18).

1.20.710 Vehicle use policy.

(1) Purpose. The Chelan County vehicle use policy addresses the use of both county vehicles and personal vehicles on county business. The purpose of this policy is to:

(A) Provide uniform and consistent criteria for the use of personal or county vehicles on county business.

(B) Ensure county vehicles are operated consistent with county standards and risk pool requirements.

(C) Ensure that county vehicles are used only in the course of doing county business, and in accordance with their intended use.

(2) General Policies. This policy applies to the use of county vehicles and the use of personal vehicles for county business. Violation of this policy will result in disciplinary action, including possible termination.

(A) Documentation. All employees and authorized volunteers must possess a valid driver’s license and proof of insurance in order to drive a vehicle for county business. A copy of both documents must be on file with their department.

(B) Safety and Defensive Driver Training.

(i) Drivers are expected to use county vehicles in a safe and prudent manner.

(ii) Vehicles may be used only when they are in safe operating condition; any problems should be reported to motor pool.

(iii) All drivers shall have received and be current in county-approved defensive driver training through a course completed either in person or online. New employees must complete defensive driver training within the first year of employment.

(iv) All employees who drive a county vehicle or a personal vehicle for county business shall complete defensive driver training once every three years.

(v) Emergency vehicle operation training for fully commissioned sheriff’s personnel shall be completed as determined by the sheriff.

(vi) Employees requiring a CDL shall complete other training as required.

(C) Seatbelts. All drivers and passengers in county vehicles or personal vehicles on county business must wear a seatbelt in accordance with RCW 46.61.688.

(D) Use of Tobacco, Drugs or Alcohol. Use of tobacco, drugs, or alcohol while operating a county vehicle is strictly prohibited. Use of drugs or alcohol while driving a personal vehicle on county business is strictly prohibited.

(E) Use of Cell Phones. Employees and volunteers operating county vehicles or driving personal vehicles on county business shall not use cellular phones while the vehicle is moving unless such use is an emergency; the cell phone is equipped with “hands free” capability; or while wearing hearing aids, in accordance with Washington State laws. Employees and volunteers are also prohibited from reading, dialing, manually writing, texting or sending messages on an electronic communication device while driving.

(F) Authorized Drivers. Only county officials, employees and qualified volunteers are authorized to operate county vehicles, except in an emergency where no other alternative exists.

(i) Authorized drivers must possess a current, valid driver’s license, and CDL if required.

(ii) Employees/volunteers operating a county vehicle or their personal vehicle for county business will do so in a safe, legal and courteous manner.

(iii) Employees/volunteers will be personally responsible for any fines related to the violation of the RCW related to traffic laws.

(G) Authorized Passengers. Only individuals directly engaged in activities which are associated with official county business may ride as passengers in a county vehicle. With permission of the elected official or department head supervising the employee, a spouse or family member may ride with an employee to or from a conference in a county vehicle. No animals may be transported in a county vehicle unless necessary to complete normal job duties.

(H) Volunteer Use of Vehicles and Equipment. The following conditions must be met in order for a volunteer to drive or operate a vehicle or other equipment:

(i) There is not a county employee available to drive;

(ii) The volunteer has signed and turned in his/her volunteer agreement;

(iii) The volunteer is eighteen or over;

(iv) The volunteer has the approval of the supervising department head or elected official; and

(v) The volunteer has taken a class, or received training or a certification, that allows them to correctly operate the vehicle or equipment.

(I) Driving Record. Employees should be aware that they may be subject to a driving record history review. Drivers must have a driving record which demonstrates their ability and willingness to drive in a safe and legal manner.

(J) Insurance (Personal Vehicles). Chelan County employees will be required to provide a copy of current insurance coverage prior to driving a personal vehicle on county business. Mileage reimbursement for business use of a personal vehicle contains compensation for fuel, insurance, vehicle depreciation, and vehicle maintenance. The employee’s automobile insurance is the primary carrier. Employees and volunteers who use their personal vehicle on county business are required to notify their insurance carrier of the business use. Employees or volunteers using a personal vehicle on county business are required to carry a minimum of one hundred thousand dollars liability coverage through his or her personal automobile insurance carrier.

(K) Fuel (County Vehicles). County vehicles will be fueled at county-approved facilities whenever possible. Drivers of county vehicles will be provided with a county gas credit card to be used at specified gas stations. Other means of purchasing fuel will only be used if county gas cards, or the specified fueling stations, are not available.

(L) Limitation on Personal Use (County Vehicles). County vehicles shall only be used in the scope and course of county business. Employees may not use county vehicles for personal matters (including transport of children to school or daycare facilities) except under one of the following conditions:

(i) Travel when an employee is on county business, in a location where driving to a personal vehicle would result in an extra and unnecessary expenditure of county time or money.

(ii) Limited and incidental personal use, such as driving to eating establishments while traveling or at a conference, or traveling to events and emergencies.

Chelan County maintains a no deviation policy. Employees/volunteers who use county vehicles for purposes outside this policy are not considered “at work” and any injuries sustained from accidents during such times are not subject to compensation including workers’ compensation.

(M) Rental Vehicles.

(i) Rental of Vehicles by Chelan County. Use of rental vehicles is generally not permitted for travel for county business. If use of a rental vehicle is necessary for work purposes while traveling, the employee must have written authorization from the department head/elected official prior to renting the vehicle and the rental vehicle must only be used for work related purposes.

(ii) Rental of Vehicles by Individual Employee. If an employee wishes to rent a rental vehicle for personal use while traveling for work the employee may do so and is eligible to submit for mileage reimbursement for miles driven for work purposes.

(3) Policy Acknowledgment. All employees driving a county vehicle or a personal vehicle for county business will be required to read and sign off acknowledging that they have read through the county vehicle use policy. This acknowledgment will be kept on file in the employee’s department and may be requested by motor pool.

A copy of the vehicle use policy will be in the glove box of each county vehicle along with the accident information packet and checklist. Prior to driving the vehicle each employee should locate and verify that these documents are available in the vehicle.

(4) Accident Reporting.

(A) If an employee is involved in an accident/collision he or she should contact his or her immediate supervisor, department head or elected official as appropriate.

(B) Law enforcement should be immediately contacted if the collision involves injuries, members of the public or damage to private property.

(D) Keep calm; do not argue about fault. Make no admissions nor take any blame for the accident.

(E) Be courteous and exchange necessary information. Pursuant to RCW 46.29.080(9), the county and its permissive driver are exempt from showing proof of compliance with the mandatory insurance law.

(F) The employee should follow the vehicle accident check list in each vehicle. The check list asks for names and license numbers of those involved, names of any witnesses, names of any injured, the details of the accident (where, when, etc.) a sketch or pictures of the accident and other information.

(G) Do not talk to anyone about the accident except the proper authorities.

Employees in departments with more extensive vehicle use and accident reporting policies should be aware of their specific policies and follow them accordingly. (Res. 2021-83 (§ 7.11), 6/29/21; Res. 2018-45 (§ 7.11), 6/4/18: Res. 2014-36 (§ 7.10), 4/14/14: Res. 2011-31 (§ 7.10), 4/11/11: Res. 2010-01 (§ 7.10), 1/4/10: Res. 2009-12 (§ 7.10), 1/26/09: Res. 2007-171 (§ 7.10), 12/17/07: Res. 2006-37 (§ 7.9), 3/27/06).

1.20.720 Emergency closings.

At times, emergencies such as severe weather, fires, power failures, or earthquakes, can disrupt county operations. In extreme cases, these circumstances may require the closing of a work facility. In the event that such an emergency occurs during nonworking hours, local radio and/or television stations may be asked to broadcast notification of the closing.

When operations are officially closed due to emergency conditions, the time off from scheduled work may be paid.

In cases where an emergency closing is not authorized, employees who fail to report for work will not be paid for the time off. Employees may request available paid leave time such as unused vacation benefits.

Employees in essential operations may be asked to work on a day when operations are officially closed. In these circumstances, employees who work will receive regular pay. (Res. 2021-83 (§ 7.12), 6/29/21; Res. 2018-45 (§ 7.12), 6/4/18: Res. 2014-36 (§ 7.11), 4/14/14: Res. 2011-31 (§ 7.11), 4/11/11: Res. 2010-01 (§ 7.11), 1/4/10: Res. 2009-12 (§ 7.11), 1/26/09: Res. 2007-171 (§ 7.11), 12/17/07: Res. 2006-37 (§ 7.10), 3/27/06).

1.20.730 Business travel expenses and policies.

Chelan County may reimburse employees for reasonable business travel expenses incurred while on assignments away from the normal work location. The elected official or department head must approve all business travel in advance. See the current financial policies document for additional information on travel/business expenditures. (Res. 2021-83 (§ 7.13), 6/29/21; Res. 2018-45 (§ 7.13), 6/4/18: Res. 2014-36 (§ 7.12), 4/14/14: Res. 2011-31 (§ 7.12), 4/11/11: Res. 2010-01 (§ 7.12), 1/4/10: Res. 2009-12 (§ 7.12), 1/26/09: Res. 2007-171 (§ 7.12), 12/17/07: Res. 2006-37 (§ 7.11), 3/27/06).

1.20.740 Computer/internet/email usage.

(1) Computer Hardware and Software.

(A) Computer hardware and software furnished to employees are the property of Chelan County and intended for county business use only. All Chelan County computing equipment shall remain onsite and not be removed from county property unless written authorization is obtained from a department head and the information technology department. This includes laptops and other mobile computing equipment unless officially assigned to an employee by their department head and the information technology department.

(B) Chelan County purchases and licenses the use of various computer software programs for business purposes and does not own the copyright to this software. Software should only be used according to the developer’s license agreement.

(C) Illegal duplication of software is prohibited, and to ensure compliance with this policy, computer usage may be monitored. Violations of this policy should be reported immediately to the appropriate supervisor or the information technology department.

(D) Employees are responsible for the security of their user IDs and passwords, and to the information to which they have been granted permission to access.

(E) Employees who violate this policy may be subject to disciplinary action, up to and including termination of employment.

(2) Internet Access.

(A) Chelan County encourages the efficient, responsible, and timely use of the internet in performing the job required functions of the county. Access to and use of the internet is a privilege provided by the county and is not a requirement of employment, and may not be available on all computing equipment.

(B) Occasional or incidental personal use is permitted as long as that use adheres to the acceptable computer use guidelines of your department, does not create any financial burden to the county, and does not conflict with the performance of regular duties. Contact your department head or elected official for clarification of your department guidelines.

(C) It is the responsibility of the department head to monitor and audit internet use within their department. Information technology routinely monitors all internet traffic for inappropriate material on a regular basis. Employee’s use of and access to the internet may be monitored and audited without prior notice to the employee.

(D) Employees who violate this policy may be subject to disciplinary action, up to and including termination of employment.

(3) Email.

(A) Chelan County provides access to email to promote the efficient, responsible, and timely exchange of information to residents, members of the public, businesses, and other governmental agencies. Email is not to be used for advertising, solicitation, or broadcasting non-business images and messages to coworkers, family and friends.

(B) Occasional or incidental use of email to communicate with family and friends is permitted as long as that use adheres to the acceptable computer use guidelines of your department, does not create any financial burden to the county, and does not conflict with the performance of regular duties. Contact your department head or elected official for clarification of your department guidelines.

(C) All email data that is composed, transmitted, or received on our computing systems is considered part of the official records of Chelan County and, as such, is subject to public disclosure. All email content should be composed with the known expectation that it is public information. Employees shall have no expectation of privacy in email content, whether it is business related or personal use.*

(D) Employees should always ensure that their full names are properly identified in all transactions and that the content of their information published in email messages is accurate, appropriate, ethical and lawful.

*Communication between superior court judges, law clerks and their staff is not subject to public disclosure under the Washington State Public Records Act.

(4) Use and Restrictions—Computer/Internet/Email.

(A) Nothing in the foregoing policies is intended to limit the ability of a department head to adopt policies for their department that are more detailed or restrictive than those prohibitions and guidelines provided herein. Contact your department head, elected official, or the human resources department for clarification.

(B) The following are examples of unacceptable computing use activities:

(i) Publishing, or otherwise disclosing confidential material.

(ii) Sending spam, junk mail, or unauthorized messages in email.

(iii) Using computing resources for commercial activity, personal profit, or political purposes.

(iv) Accessing or manipulating county information for personal, political, or religious purposes.

(v) Downloading, viewing, storing, or printing nonbusiness data such as music, videos, etc.

(vi) Downloading, viewing, printing or emailing pornographic material.

(vii) Violating copyright laws by copying and distributing data using county-owned computing equipment.

(5) Use of Personal Electronic Devices. Employees authorized by their department head/elected official may have access to their county email on their personal electronic devices. Nonexempt employees are prohibited from incurring overtime by checking email and performing work on their personal electronic devices without prior authorization. Use of personal devices to perform county business may open personal devices up to records requests under the Public Records Act (PRA). Email sent and received through the county email system is archived through the county server system. (Res. 2021-83 (§ 7.14), 6/29/21; Res. 2018-45 (§ 7.14), 6/4/18: Res. 2014-36 (§ 7.13), 4/14/14: Res. 2011-31 (§ 7.13), 4/11/11: Res. 2010-01 (§ 7.13), 1/4/10: Res. 2009-12 (§ 7.13), 1/26/09: Res. 2007-171 (§ 7.13), 12/17/07: Res. 2006-37 (§ 7.12), 3/27/06).

1.20.750 Visitors in the workplace.

To provide for the safety and security of employees and the facilities at Chelan County, only authorized visitors are allowed in nonpublic areas. Restricting unauthorized visitors helps maintain safety standards, protects against theft, ensures security of equipment, protects confidential information, safeguards employee welfare, and avoids potential distractions and disturbances.

Employees are responsible for the conduct and safety of their visitors. If an unauthorized or suspicious individual is observed on Chelan County’s premises, employees should immediately notify their supervisor or, if necessary, notify campus security. (Res. 2021-83 (§ 7.15), 6/29/21; Res. 2018-45 (§ 7.15), 6/4/18: Res. 2014-36 (§ 7.14), 4/14/14: Res. 2011-31 (§ 7.14), 4/11/11: Res. 2010-01 (§ 7.14), 1/4/10: Res. 2009-12 (§ 7.14), 1/26/09: Res. 2007-171 (§ 7.14), 12/17/07: Res. 2006-37 (§ 7.13), 3/27/06).

1.20.760 Workplace monitoring.

Workplace monitoring may be conducted by Chelan County to ensure quality control, employee safety, security, and customer satisfaction.

Computers furnished to employees are the property of Chelan County. As such, computer usage and files may be monitored or accessed without notice to the employee.

Chelan County may conduct video surveillance of nonprivate workplace areas, both inside and outside of county buildings and throughout the county campus at large. Video monitoring is used to identify safety concerns, maintain quality control, detect theft and misconduct, and discourage or prevent acts of harassment and workplace violence.

Employees can request access to information gathered through workplace monitoring that may impact employment decisions. Access will be granted unless there is a legitimate business reason to protect confidentiality or an ongoing investigation.

Because Chelan County is sensitive to the legitimate privacy rights of employees, every effort will be made to guarantee that workplace monitoring is done in an ethical and respectful manner. (Res. 2021-83 (§ 7.16), 6/29/21; Res. 2018-45 (§ 7.16), 6/4/18: Res. 2014-36 (§ 7.15), 4/14/14: Res. 2011-31 (§ 7.15), 4/11/11: Res. 2010-01 (§ 7.15), 1/4/10: Res. 2009-12 (§ 7.15), 1/26/09: Res. 2007-171 (§ 7.15), 12/17/07: Res. 2006-37 (§ 7.14), 3/27/06).

1.20.765 Animals/pets in the workplace.

(1) Chelan County has the responsibility to operate and maintain the facilities and buildings which it owns and leases. This responsibility defines the need to keep the facilities and related buildings in good condition for the purpose of conducting county business. The employees, tenants, users and visitors to the county facilities have expectations of a safe, clean, accessible and nonthreatening environment. Animals/pets are personal choices of the owners, but in many instances present health or safety concerns, are offensive and/or physically threatening to others and can create unacceptable conditions in the facilities.

(2) Therefore, animals of any type, including pets (dogs, cats, etc.), reptiles, or birds are restricted from county-owned or leased buildings. Animals/pets shall not be brought into county-owned or leased buildings.

(3) Exceptions:

(A) Medical disability needs, i.e., guide dogs.

(B) Any designated animal care and control facility.

(D) Airport facilities.

(E) Any designated county-owned, leased or operated nature center.

(F) Any designated county-owned, leased or operated fairground facility. Subject to fair management rules and policies.

(G) Any designated county-owned, leased or operated parks with rules enforced on pets. (Res. 2021-83 (§ 7.17), 6/29/21; Res. 2018-45 (§ 7.17), 6/4/18: Res. 2014-36 (§ 7.16), 4/14/14: Res. 2011-31 (§ 7.16), 4/11/11: Res. 2010-01 (§ 7.16), 1/4/10: Res. 2009-12 (§ 7.16), 1/26/09: Res. 2007-177, 12/17/07: Res. 2007-171 (§ 7.16), 12/17/07).

Article VIII. Industrial Insurance, Work-Related Injuries and Light Duty

1.20.770 Workers’ compensation insurance.

(1) Chelan County provides a comprehensive workers’ compensation insurance program to employees. This insurance entitles an employee and/or employee’s survivor(s) to compensation for death or disability arising during the performance of your duty. The county pays for the larger share of the insurance premium for this insurance, and the employee pays the other portion. The amount of the benefit is subject to guidelines set by the state.

(2) This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers’ compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately.

(3) Supervisors should notify the human resources department to pick up a self-insured accident report form, or to find out the claim number. Do not forget to inform the medical personnel that the county is self-insured.

(4) Employees who sustain work-related injuries or illnesses should inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible.

(5) Neither Chelan County nor the insurance carrier will be liable for the payment of workers’ compensation benefits for injuries that occur during an employee’s voluntary participation in any off-duty recreational, social, or athletic activity sponsored by Chelan County.

(6) Any person claiming benefits under the Workers’ Compensation Act who knowingly gives false information will be guilty of a Class C felony when the claim involves an amount of five hundred dollars or more. When the claim involves less than five hundred dollars, a person knowingly giving false information shall be guilty of a gross misdemeanor.

(7) Coordination of Benefits.

(A) When an employee is drawing workers’ compensation time-loss benefits, the employee may not receive sick leave pay. If the employee receives both, then the employee must turn the time-loss benefits in to the county and receive credit for the sick leave used based on the sick leave buyback worksheet. The combination of any time loss payments and sick leave pay cannot exceed the employee’s normal weekly earnings.

(B) If an employee exhausts all sick leave while receiving time-loss benefits, they may take vacation leave. If this occurs, the employee will not be required, nor be allowed, to turn over time-loss benefits and receive credit for annual leave.

(C) If an employee receives workers’ compensation time-loss benefits for more than thirty continuous calendar days, sick leave and vacation benefits shall no longer accrue during the period when time-loss benefits are being paid. (Res. 2021-83 (§ 8.1), 6/29/21; Res. 2018-45 (§ 8.1), 6/4/18: Res. 2014-36 (§ 8.1), 4/14/14: Res. 2011-31 (§ 5.15), 4/11/11: Res. 2010-01 (§ 5.15), 1/4/10: Res. 2009-12 (§ 5.15), 1/26/09: Res. 2007-171 (§ 5.14), 12/17/07: Res. 2006-37 (§ 5.14), 3/27/06. Formerly 1.20.460).

1.20.780 Labor and Industries accident reporting process.

Chelan County is self-insured, meaning that the reporting process is different than the regular Labor and Industries accident report. When an accident or injury occurs it is the responsibility of the supervisor to seek medical attention for the injured employee. It is also the responsibility of the supervisor to assist in filling out paperwork and Labor and Industries claims associated with the injury or accident.

When a nonemergency accident or injury occurs the supervisor should pick up the self-insurer accident report (SIF-2) from the human resources department for the injured worker to take to the doctor when seeking medical treatment.

In an emergency accident or injury, the supervisor should remember to tell medical personnel upon arrival at the medical facility that Chelan County is self-insured, and the supervisor should call the human resources department to get the appropriate claim number.

Return the accident report form to the insurance coordinator in the human resources department within seven days of the injury. The county can be fined if these reports are not filed with the state in this time frame.

When the self-insurer forms are not filled out, or not turned in on time, it will result in a delay of paperwork processing, which will interfere with the timely payment of your claim. (Res. 2021-83 (§ 8.2), 6/29/21; Res. 2018-45 (§ 8.2), 6/4/18: Res. 2014-36 (§ 8.2), 4/14/14: Res. 2011-31 (§ 1.8), 4/11/11: Res. 2010-01 (§ 1.8), 1/4/10: Res. 2009-12 (§ 1.8), 1/26/09: Res. 2007-171 (§ 1.8), 12/17/07: Res. 2006-37 (§ 1.7), 3/27/06. Formerly 1.20.110).

1.20.790 Record of minor injury.

Instead of filling out a Labor and Industries self-insurer accident report (SIF-2) for incidents that do not qualify for, or necessitate medical attention, employees should fill out a record of minor injury report form. These forms are kept on file in the human resources department and are utilized for reporting purposes with Labor and Industries at the end of the year. Record of minor injury forms can be downloaded off the intranet or a hard copy may be obtained from the human resources department. (Res. 2021-83 (§ 8.3), 6/29/21; Res. 2018-45 (§ 8.3), 6/4/18: Res. 2014-36 (§ 8.3), 4/14/14: Res. 2011-31 (§ 1.9), 4/11/11: Res. 2010-01 (§ 1.9), 1/4/10: Res. 2009-12 (§ 1.9), 1/26/09: Res. 2007-171 (§ 1.9), 12/17/07. Formerly 1.20.114).

1.20.800 Temporary occupational light duty.

(1) This policy addresses temporary occupational light duty for county work-related injuries, which might affect any employee of Chelan County.

(2) An employee is eligible for occupational light duty under the following conditions:

(A) The employee is temporarily unable, with or without accommodation, to perform the essential functions of his or her job due to an occupational injury or illness;

(B) The employee is expected to recover from the illness or injury to the extent that the employee will be able to return to his or her normal duties; and

(C) The county, in its sole discretion, determines that suitable alternative work is available and that the employee is qualified and able to perform this work.

(3) In all cases, assignment to occupational light duty is a temporary assignment. The county may terminate an occupational light duty assignment at any time, at its discretion. If an employee’s period of incapacity lasts longer than was originally anticipated, the county, in its sole discretion, may extend, modify or find an alternative light duty assignment.

(4) This policy is not designed to be a “make-work” program, but rather a means for assigning individuals to areas which have work the restricted employee is capable of performing.

(5) Before being considered for an occupational light duty placement, an employee must submit certification from his or her attending physician stating that the employee can safely return to work and specifying any restrictions that apply. The statement from the employee’s attending physician is not intended to be a verification of an illness or injury, but rather a certification that the employee may safely return to work, and under what conditions the employee may return to work.

(6) If it is determined that an employee is eligible for temporary occupational light duty placement under this policy, the employee’s supervisor will determine whether suitable light duty work is available within his/her department. Assistance regarding occupational light duty placement is available from the insurance and safety coordinator, in the commissioners’ office. In making a determination of whether suitable light duty is available, the following factors, among others, should be considered:

(A) Physical and mental limitations of the employee.

(B) Physical and mental demands of the job.

(D) Employee qualifications.

(E) Amount of training/orientation required.

(F) Anticipated length of assignment.

(7) Assignments may be made in a department other than the employee’s regular work assignment. If assigned to light duty in another department, the employee is still responsible to check in with home department daily.

(8) In general, the county will review the status of the temporary light duty assignment with the affected employee every thirty to sixty days, in light of the county’s business needs and the employee’s condition, to determine if continuation of the assignment is appropriate.

(9) Employees on light duty will be given a regular schedule that may deviate from their normal work schedule. While on light duty assignment, employees are responsible for adhering to regular departmental policies and procedures for requesting leave. If assigned to light duty in a different department the employee is still responsible for following his or her regular departmental policy or procedure for leave requests or schedule deviations, as well as communicating with the supervisor of the temporary light duty assignment.

(10) Employees will be given a written light duty offer outlining the job, department, hours, duties and restrictions that have been placed by the treating physician. The employee will sign to either accept or decline the light duty offer. If employee decides to decline the light duty offer, the employee will be required to use vacation time and will not be eligible for time loss benefits. Sick leave benefits will apply as normal following normal departmental protocol. This policy applies to all county employees. (Res. 2021-83 (§ 8.4), 6/29/21; Res. 2018-45 (§ 8.4), 6/4/18: Res. 2014-36 (§ 8.4), 4/14/14).

1.20.810 Volunteer time reporting for Labor and Industries tracking.

For the purposes of Labor and Industries tracking, it is the policy of Chelan County that all volunteer hours will be tracked in each department and turned in to the insurance/safety coordinator in the commissioners’ office in order to submit reports on a quarterly basis. Volunteer agreement forms are available on the intranet that state that Chelan County is self-insured and volunteers are covered through self-insured industrial insurance when volunteering. It also contains an area to list the volunteer’s contact and emergency contact information and should be kept in the employee/volunteers file. A copy should also be kept by the applicable supervisor if the volunteer is working in the field away from the office. Departments may utilize whichever form they prefer so long as it contains the required information. (Res. 2021-83 (§ 8.5), 6/29/21; Res. 2018-45 (§ 8.5), 6/4/18: Res. 2014-36 (§ 8.5), 4/14/14: Res. 2011-31 (§ 1.10), 4/11/11: Res. 2010-01 (§ 1.10), 1/4/10: Res. 2009-12 (§ 1.10), 1/26/09: Res. 2007-171 (§ 1.10), 12/17/07. Formerly 1.20.117).

Article IX. Leaves of Absence

1.20.820 Sick leave.

(1) Chelan County provides paid sick leave to all eligible employees for periods of temporary absence due to illnesses or injuries. Eligible employee classification(s):

(A) Eligible full-time employees will accrue sick leave at the rate of twelve days per year (eight hours for each full month of completed service). Sick leave is calculated on the basis of a “benefit year,” the twelve-month period that begins when the employee starts to earn sick leave. Part-time employees working thirty hours per week or more will earn sick leave at three-quarters the rate of full-time employees (six hours for each full month of completed service). Part-time employees working twenty hours or more per week will earn sick leave at one-half the rate of full-time employees (four hours for each full month of completed service). Eligible employees can earn sick leave in their first employment month if employed on or before the fifteenth of the month.

(2) Paid sick leave for nonexempt employees can be used in minimum increments of thirty minutes. Exempt employees must use sick leave in four-hour increments, except in cases of leave eligible under the Family Medical Leave Act (FMLA)—see separate policy under Section 1.20.830, Family and medical leave (FMLA). Eligible employees may use sick leave for an absence due to their own illness or injury or that of a family member who resides in the employee’s household, or other family member with approval of the department head or elected official.

(3) Employees who are unable to report to work due to illness or injury should notify their direct supervisor before the scheduled start of their workday if possible. The direct supervisor must also be contacted on each additional day of absence. If an employee is absent for three or more consecutive days due to illness or injury, a physician’s statement may be requested verifying the disability and its beginning and expected ending dates. Such verification may be requested for other sick leave absences as well and may be required as a condition to receiving sick leave. Before returning to work from a sick leave absence of three calendar days or more, an employee may be asked to provide a physician’s verification that he or she may safely return to work.

(4) Sick leave will be calculated based on the employee’s base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift differentials. As an additional condition of eligibility for sick leave, an employee on an extended absence must apply for any other available compensation and benefits, such as workers’ compensation. Sick leave will be used to supplement any payments that an employee is eligible to receive from state disability insurance, workers’ compensation or Chelan County-provided disability insurance programs. The combination of any such disability payments and sick leave cannot exceed the employee’s normal weekly earnings. See Section 1.20.770, Workers’ compensation insurance, for additional information on sick leave and time loss payment coordination of benefits.

(5) Unused sick leave will be allowed to accumulate until the employee has accrued a total of nine hundred sixty hours. Exempt employees and appointed officials may continue to accumulate sick leave after reaching nine hundred sixty hours, but will only be able to carry over nine hundred sixty hours to the next year. Any sick leave hours in excess of nine hundred sixty at the end of the year will be paid out to the employee’s or appointed official’s voluntary employee benefits account (VEBA).

(6) Upon providing four months’ written notice of retirement, eligible exempt employees shall upon their retirement be paid one quarter of all accumulated sick leave to a maximum of two hundred forty hours into the employee’s voluntary employee benefit account (VEBA).

(7) Department heads are responsible for keeping detailed permanent records of all sick leave for each permanent full-time and part-time employee. These records will include information on employee’s accrual and use of sick leave, and the balance thereof. The department heads shall report all earned and taken sick leave to the auditor’s office. The auditor’s office record will be used for settlements should there be a conflict between the records of the department head and the auditor’s office. Upon separation of service, except as described above for retirement, all accumulated sick leave will be forfeited.

(8) Nonexempt employees, please see the applicable collective bargaining agreement for variations in accumulation, use or payment of sick leave. (Res. 2021-83 (§ 9.1), 6/29/21; Res. 2018-45 (§ 9.1), 6/4/18: Res. 2014-36 (§ 9.1), 4/14/14: Res. 2011-31 (§ 8.1), 4/11/11: Res. 2010-01 (§ 8.1), 1/4/10: Res. 2009-12 (§ 8.1), 1/26/09: Res. 2007-171 (§ 8.1), 12/17/07: Res. 2006-37 (§ 8.1), 3/27/06. Formerly 1.20.770).

1.20.825 Washington State protected sick leave (effective January 1, 2018).

This policy does not apply to nonbargaining, FLSA exempt employees.

Beginning on the February 5, 2018, pay stub, all eligible employees will see two sick leave banks: the sick leave bank that they are used to seeing and a new sick leave bank called Washington sick leave.

(1) Definitions.

(A) “Regular county sick leave” includes sick leave accrued under county policy and collective bargaining agreements prior to January 1, 2018, and the hours accrued outside of those mandated through Washington’s paid sick leave law (RCW 49.46.200, 49.46.201) and its corresponding regulations (Chapter 296-128 WAC).

(B) “Washington State protected sick leave” is the sick leave mandated under Washington paid sick leave law (RCW 49.46.200, 49.46.201) and its corresponding regulations (Chapter 296-128 WAC), effective January 1, 2018.

(2) Rate of Accrual.

(A) Regular Full-Time and Part-time Employees. This includes all permanent full-time employees who are not in a temporary status and who are regularly scheduled to work Chelan County’s full-time schedule on a year-round basis; and permanent part-time employees who are not assigned to a temporary status and who are employed for less than the standard specified work week, but who work more than seventy hours per month, on a continuing basis, who are covered under this policy and have been eligible to accrue regular county sick leave in the past. This may include seasonal regular or seasonal full time benefit eligible employees.

(B) Temporary, Seasonal and Extra Help Employees. Employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project, for a specific time period, or who work less than seventy hours per month on a continuing basis. These positions have not been otherwise eligible for paid sick leave prior to January 1, 2018.

(C) Eligibility and Accrual Rate for Extra Help, Temporary and Seasonal Employees. Extra help, temporary and seasonal employees will accrue one hour of paid sick leave for every forty hours worked beginning January 1, 2018. Employees may use accrued paid sick leave after being employed for ninety calendar days—all time worked in the prior twelve months may count toward this ninety-day employment requirement.

(D) Eligibility and Accrual Rate for all Other Regular Full-Time and Part-Time Employees. Regular part-time and regular full-time employees will not accrue additional leave under this provision; however, the leave currently accrued will be accounted for differently. Regular full-time and regular part-time employees will accrue one hour of state protected paid sick leave for every forty hours worked. These hours will be tracked separately on employee’s pay stubs. The difference between the hours accrued under the state protected sick leave requirement and the regular accrual rate will continue to accrue in the employee’s regular county sick leave bank.

For the purposes of state protected sick leave accrual, only hours actually worked count toward the “one hour of leave for every forty worked” accrual. For overtime hours worked, the actual number of hours worked will count toward this accrual of state protected sick leave. Holiday time taken, annual leave, regular county sick leave, state protected sick leave, comp time, Kelly time or any other leave taken during the pay period will not count as hours worked for accrual calculations under the state protected sick leave requirements.

(3) Notification to Employees. Each employee shall be notified initially (prior to March 1, 2018) of their rights under the state protected paid sick leave law, and will be notified monthly on their pay stubs of the amount of state protected leave they have accrued in the last pay period, how much they have used and what their balance is.

(4) Accrual Year. The accrual year for Chelan County is January 1st through December 31st.

(5) Qualifying Purpose. Eligible employees may use paid sick leave for the following purposes:

(A) An Employee’s Own Care or the Care of a Family Member. State protected paid sick leave may be used for their own or a family member’s physical or mental illness, injury, or health condition; for medical diagnosis, care or treatment of a physical or mental illness, injury or health condition; or to access preventative care.

“Family member” is defined as a child, including biological, adopted, or foster child, stepchild or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status. A biological, adopted, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. A spouse, registered domestic partner, grandparent, grandchild, or sibling.

(B) Domestic Violence Leave. Leave may be used for absences that qualify for leave under Washington’s Domestic Violence Leave Act. See Section 1.20.860 for the complete domestic violence leave policy.

(C) Public Health Closures. Leave may be used when an employee’s child’s school or place of care is closed by order of a public official for any health-related reason.

(6) Use of Leave. State protected sick leave shall be used in fifteen-minute increments consistent with regular county payroll increments.

State protected sick leave hours shall be the first hours used when an employee uses sick leave for qualifying purposes. Once state sick leave hours have been used regular county sick leave hours will be used. The employee does not have the option to designate which hours are used first, except as required under state law.

(7) Rate of Pay. State protected paid sick leave is paid at the employee’s current hourly rate when used (the same rate regular county sick leave would be paid). State sick leave hours do not count as hours worked for purposes of calculating overtime for temporary, extra help or seasonal employees.

(8) Banking and Rollover. There is no limit on the number of state sick leave hours that can be accrued during a calendar year, based on the number of hours worked. However, a maximum of forty hours of state protected sick leave may be rolled over into the next calendar year. For regular full-time and part-time employees any hours in excess of forty in the employee’s state sick leave bank shall be transferred into the employee’s regular sick leave bank on December 31st. If the employee has less than forty hours of state protected leave in their state sick leave bank the entire sick leave bank will roll over into the following calendar year.

For seasonal, temporary or extra help employees a maximum of forty hours of state protected sick leave may be rolled over into the next calendar year. Hours in excess of forty hours of state protected sick leave will be forfeited and state protected sick leave banks will be reduced to forty hours on December 31st. If the employee has less than forty hours of state protected sick leave in his or her leave bank, the entire sick leave bank will be rolled over into the following calendar year.

The rollover cap of nine hundred sixty hours of sick leave allowed in the employee handbook and applicable collective bargaining agreements will be based on the combined total of sick leave hours in both sick leave banks on December 31st.

(9) Notification Requirement for Use of State Sick Leave. Employees should notify their supervisor of their intent to take leave for an authorized purpose. If leave is being taken for a foreseeable purpose (i.e., doctors’ appointments) employee should provide at least ten days’ notice, or as early as is practicable in advance of the use of paid state sick leave. For leave being taken for unforeseeable circumstances (emergencies) notice should be given as soon as possible before the required start time of the employee’s shift unless it is not practicable to do so. Notification may also be made by another person on behalf of the employee. If possible, notification should include the expected duration of the absence.

For use of leave under the domestic violence provision of the Family Care Act notice should be made as soon as possible for the foreseeable use of paid sick leave to address issues related to the employee or the employee’s family member being a victim of domestic violence, sexual assault or stalking. If an employee is unable to give advance notice because of an emergent or unforeseen circumstance related to the employee or the employee’s family member being a victim of domestic violence, sexual assault or stalking, the employee or their designee must give oral or written notice to the supervisor no later than the end of the first day that the employee takes such leave.

(10) Verification Requirement. If an employee has used paid state sick leave for more than three consecutive work shifts, the employer may require verification that establishes or confirms that the use of paid state sick leave is for an authorized purpose. For care of the employee or the employee’s family member, acceptable verification may include: (A) a doctor’s note or a signed statement by a health care provider indicating that the use of paid sick leave is for care of the employee or their family member for an authorized purpose; (B) a written or oral statement from the employee indicating that the use of paid sick leave is necessary to care for the employee or their family member for an authorized purpose; or (C) other documentation demonstrating that the employee’s use of paid sick leave is for care of the employee or their family member for an authorized purpose.

When an employee or the employee’s family member has been a victim of domestic violence, sexual assault, or stalking, the employee’s choice of any one or more of the following documents satisfies this verification requirement:

(A) A written statement that the employee or an employee’s family member is a victim of domestic violence, sexual assault, or stalking, and that the leave was taken to address related issues;

(B) A police report indicating that the employee or the employee’s family member was a victim of domestic violence, sexual assault, or stalking;

(C) Evidence from a court or prosecuting attorney showing that the employee or the employee’s family member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual assault, or stalking;

(D) A court order of protection;

(E) Documentation from any of the following persons from whom an employee or an employee’s family member sought assistance in addressing the domestic violence situation indicating that the employee or the employee’s family member is a victim:

(i) An advocate for victims of domestic violence, sexual assault, or stalking;

(ii) An attorney;

(iii) A member of the clergy; or

(iv) A medical professional.

Verification must be provided in a timely manner. In the event that advance notice of the leave cannot be given because of an emergency or unforeseen circumstances due to domestic violence, sexual assault, or stalking, verification must be provided to the employer within a reasonable time period during or after the leave.

In the event the county or the employee’s child’s school or place of care, is closed by order of a public official for any health-related reason, acceptable verification may include written notice of closure by order of a public official that the employee received regarding the employee’s child’s school or place of care. Verification must be provided to Chelan County within ten calendar days of the first day an employee used paid sick leave for such purpose.

For any verification required, please note that the employee is not required to provide any details concerning the specific nature of the health condition in order to use paid leave, unless otherwise required by law. Any information the employee provides will be kept confidential.

If an employee believes that obtaining verification for use of paid sick leave would result in an unreasonable burden or expense on the employee, the employee must contact their supervisor or human resources orally or in writing. The employee must indicate that the absence is for an authorized purpose, and explain why verification would result in an unreasonable burden or expense on the employee. Within ten days of receiving the employee’s request, the department head/elected official or designee will work with the employee to meet the verification requirement in a way that does not result in an unreasonable burden or expense.

The county may choose not to pay an employee for Washington State paid sick leave taken for such absences until verification is provided. An employee has the right to contact human resources if the employee believes the proposed alternative still results in an unreasonable burden or expense.

Verification of the employee’s fitness for duty or ability to return to work safely may be required in accordance with county and/or departmental policy, regardless of verification of authorized use of state protected sick leave, if leave is taken for the employee’s illness, injury or health condition.

(11) Separation from Employment.

(A) Separation of Employment and Leave Reinstatement for Temporary, Seasonal and Extra Help Employees. The Washington State protected paid sick leave banks of all seasonal, temporary and extra help employees shall remain in place and available for reinstatement for twelve months following the date of separation; however, these leave banks are subject to the rollover cap of forty hours as of December 31st each year. Should an employee have more than forty hours at time of separation, then return the following year, only a maximum of forty hours of state protected leave will be reinstated to the employee’s leave bank. If an employee leaves employment having less than forty hours of state sick leave in their bank and returns within twelve months, the employee will have the actual number of hours in their state sick leave bank reinstated.

(B) Separation of Employment and Leave Reinstatement for Regular Full-Time and Part-Time Employees. Other than allowed for in accordance with retirement cash-out provisions, there are no other cash-out provisions for sick leave upon separation of service for regular full time or part time employees. Washington State protected sick leave banks of all eligible regular full-time and part-time employees shall remain in place and available for reinstatement for twelve months following the date of separation; however, these leave banks are subject to the rollover cap of forty hours as of December 31st each year. Should an employee have more than forty hours at time of separation, then return the following year, only a maximum of forty hours of state protected leave will be reinstated to the employee’s leave bank. If an employee leaves employment having less than forty hours of state sick leave in their bank and returns within twelve months, the employee will have the actual number of hours in their state sick leave bank reinstated.

(C) Retirement. In accordance with county policy or the applicable CBA, eligible employees providing the required notice of intent to retire may be able to cash out sick leave upon retirement. Cash-out calculations will be based on the total number of regular county sick leave and state protected sick leave hours, to the maximum allowable under the policy or applicable CBA. Leave banks will be reduced and cashed out at the same rate.

(12) Retaliation Prohibited. Any discrimination or retaliation against an employee for the lawful use of Washington State protected sick leave is prohibited. If an employee feels they are being discriminated or retaliated against for the lawful use of Washington State protected sick leave he or she should contact human resources.

(13) Sick Leave Cash-Out to VEBA Provisions. For employees with cash-out provisions for sick leave, for example: hours in excess of nine hundred sixty being cashed out/paid into VEBA, will be made based on the total combined number of sick leave hours in the employee’s county sick leave and Washington sick leave banks. (Res. 2021-83 (§ 9.2), 6/29/21; Res. 2018-45 (§ 9.2), 6/4/18).

1.20.830 Family and medical leave (FMLA).

(1) General Provisions. It is the policy of the county to grant up to twelve or twenty-six weeks of family and/or medical leave during a twelve-month period to eligible employees, in accordance with the Family and Medical Leave Act of 1993 (FMLA). The leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. Family medical leave may run concurrently with Washington’s Paid Family and Medical Leave (PFML) or Pregnancy Disability Leave; and with any work-related disability leave, such as workers’ compensation, when the injury is one that meets the criteria for a serious health condition.

The county shall use a “look forward” method for calculating an eligible employee’s twelve or twenty-six week entitlement of FMLA leave during a twelve-month period. The county will measure the twelve-month period forward from the date any employee’s first FMLA leave begins. Each time an employee takes leave, the county will compute the amount of leave the employee has taken under this policy and subtract it from the twelve weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time.

(2) Eligibility. To qualify for FMLA under this policy, the employee must meet all of the following conditions:

(A) The employee must have worked for Chelan County for twelve months or fifty-two weeks which need not to be consecutive. Separate periods of employment will be counted; provided, that the break in service does not exceed seven years (exceptions may apply for breaks in service due to National Guard or Reserve military service).

(B) The employee must have worked at least one thousand two hundred fifty hours during the twelve-month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours will not be counted in determining the one thousand two hundred fifty hours eligibility test for an employee under FMLA.

(C) The employee must work in an office or worksite where fifty or more employees are employed by the county within seventy-five miles of that office or worksite. The distance is to be calculated using available transportation by the most direct route.

(3) Type of Leave Covered by FMLA.

(A) To qualify for FMLA leave under this policy, the employee must be taking leave for one of the following reasons:

(i) The birth of a child and in order to care for that child (leave to be completed within one year of the child’s birth);

(ii) The placement of a child for adoption or foster care, and to care for the newly placed child (leave to be completed within one year of the child’s placement);

(iii) To care for a spouse, child, or parent with a serious health condition (as defined below);

(iv) To care for the employee’s own serious health condition (as defined below); and

(v) A qualifying exigency of a spouse, son, daughter, or parent who is a military member on covered active duty or called to covered active duty status (or has been notified of an impending call or order to covered active duty).

(B) A serious health condition is an illness, injury, impairment, or a physical or mental condition that involves:

(i) An overnight stay in a hospital, hospice, or residential medical care facility or any subsequent treatment in connection with that inpatient care.

(ii) Any period of incapacity, including an inability to perform regular daily activities, for more than three consecutive full calendar days and any later treatment or incapacity required or caused by the same condition that also involves either:

(a) Two treatments, with a treatment defined as an in-person visit to a health care provider (the first treatment must occur within seven days of the first day of incapacity); or

(b) One treatment by a health care provider who prescribes continuing treatment.

(iii) Periodic incapacity because of a pregnancy, including morning sickness or prenatal care.

(iv) Chronic conditions such as migraines, depression, or diabetes that:

(a) Require at least two visits per year to a health care provider for treatment;

(b) Continue over an extended period; and

(v) Permanent or long-term incapacity as a result of a condition for which treatment may not be effective, such as Alzheimer’s disease.

(vi) Conditions that require absence to receive multiple treatments for:

(a) Restorative surgery after an accident or injury; or

(b) A condition that, without medical intervention or treatment, would most likely cause a period of incapacity of more than three consecutive calendar days, such as cancer.

Employees with questions about what illnesses or events are covered under this FMLA policy or under the county’s sick leave policy are encouraged to consult with human resources. The county may require an employee to provide a doctor’s certification of the serious health condition. The certification process is outlined in subsection (8) of this section. If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the county may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications.

(4) Employee Status and Benefits During Leave. While an employee is on approved FMLA leave, the county will continue the employee’s health benefits, consisting of medical, dental and life, and VEBA contributions (if applicable) during the leave period at the same level and under the same conditions as if the employee had continued to work.

If the employee chooses not to return to work once his/her approved FMLA concludes, and his/her failure to return to work is for reasons other than a continued serious health condition of the employee or the employee’s family member, or a circumstance beyond the employee’s control, the county may require the employee to reimburse the county the amount it paid for the employee’s health insurance premium during the leave period.

If an employee on approved FMLA leave has dependent health coverage, the employee may continue this coverage through the county, but the employee is responsible for the cost, either through payroll deductions, while the employee is on paid leave, or by paying the county in person or by mail, while the employee is on unpaid leave. The payment must be received in the accounting department by the fifth day of each month. If the payment is more than thirty days late, the employee’s dependent health care coverage may be dropped for the duration of the leave. The employer will provide fifteen days’ notification prior to the employee’s loss of coverage.

If the employee contributes to a county-sponsored life insurance or disability plan, the employee may continue this coverage through the county, but the employee is responsible for the cost, either through payroll deductions, while the employee is on paid leave, or by paying the county in person or by mail, while the employee is on unpaid leave. The county reserves the right to elect to maintain such benefits during an employee’s leave and pay the employee’s share of the premium payments. If the employee does not elect to continue these benefits by paying the premiums, the county may discontinue coverage during the leave. If the county maintains coverage for the employee, the county may elect to recover the costs incurred for paying the employee’s share of any premiums if the employee elects not to return to work.

While on FMLA running concurrent with the employee’s paid leave, the employee will continue to accrue vacation and sick leave at their regular rate; however, when an employee is on unpaid FMLA leave an employee’s eligibility to continue to accrue annual leave and sick leave will be based on the number of hours of paid leave used during the month and will be prorated when leave without pay is used. Employees on unpaid leave for the entire month will not accrue sick or annual leave. Employees working or in paid status less than fifty percent of the month will not be eligible to accrue leave for the month, employees working or in paid status from fifty percent to seventy-five percent of the month will accrue leave at fifty percent of their regular accrual for the month. Employees in paid status more than seventy-five percent of the month will accrue leave as normal for the month.

(5) Employee Status After Leave. An employee who takes FMLA leave under this policy will be able to return to the same position or a position with equivalent status, pay, benefits and other employment terms. The position will be the same or one that is virtually identical in terms of pay, benefits, and working conditions.

Key employees, defined as salaried and FMLA-eligible employees who are among the highest paid ten percent of all employees at a worksite or within seventy-five miles of that worksite, may not be returned to their former or an equivalent position following FMLA leave if restoration of employment will cause substantial and serious economic injury to the operations of Chelan County. This fact-specific determination will be made by the county on a case-by-case basis. The county will notify employees if they qualify as a key employee, if the county intends to deny reinstatement and of the employee’s rights in these instances.

(6) Use of Paid and Unpaid Leave. FMLA leave is unpaid. Employees may be required to substitute any accrued and unused paid leave (including Washington State protected sick leave) for unpaid FMLA leave as described below:

(A) If an employee requests leave because of a birth, adoption, or foster care placement of a child, any accrued and unused paid leave may first be substituted for unpaid family/medical leave and run concurrently with the employee’s FMLA leave.

(B) If an employee requests leave because of their own serious health condition, or to care for a covered relative with a serious health condition, any accrued paid leave (including Washington State protected sick leave) may be substituted for any unpaid family/medical leave and run concurrently with the employee’s FMLA leave.

The substitution of paid leave time for unpaid FMLA leave time does not extend the twelve or twenty-six weeks (whichever is applicable) of the FMLA leave period. In no case can the substitution of paid leave time for unpaid leave time result in an employee’s receipt of more than one hundred percent of his/her salary. FMLA leave runs concurrently with other types of leave, for example, accrued vacation time that is substituted for unpaid FMLA leave and any state family leave laws, to the extent allowed by state law.

(7) Intermittent Leave or Reduced Work Schedule. An eligible employee may take FMLA leave in twelve consecutive weeks, may use the leave intermittently (take a day periodically when needed over the designated twelve-month period), or under certain circumstances may use the leave to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of twelve workweeks (or twenty-six weeks, as may be applicable) over a twelve-month period.

For employees working a standard forty-hour work week a “week” will consist of forty hours. For other schedules, a “week” will consist of their average regularly scheduled hours. For example: for an employee working a regular schedule of thirty-two hours per week, a week under FMLA will consist of thirty-two hours. Holidays falling during a week an employee is taking FMLA shall not extend their FMLA entitlement.

A reduced schedule or intermittent leave is permitted in the following circumstances:

(A) Medical necessity related to a chronic serious health condition of the employee or the employee’s covered family member that is best accommodated through intermittent or reduced schedule leave.

(B) Medical necessity related to a planned or expected medical treatment of a serious health condition of the employee or the employee’s covered family member that is best accommodated through intermittent or reduced schedule leave.

(C) Medical necessity related to a covered service member’s serious injury or illness that is best accommodated through intermittent or reduced schedule leave (including leave for treatment or recovery from the condition at issue).

(D) A qualifying exigency relating to covered military service.

(E) Birth, adoption, or foster care of a child, but only with the county’s consent. If the mother or child has a serious health condition, the county’s consent is not required.

Intermittent or reduced schedule leave is not available for voluntary treatments or procedures. It is only permitted if the employee can perform the essential functions of the job during working time. Employees seeking intermittent or reduced schedule leave for a planned medical treatment must make a reasonable effort to schedule treatment in a way that does not disrupt the county’s business operations.

If intermittent or reduced schedule leave is required and is foreseeable based on planned medical treatment, the employer may transfer the employee to a position of equivalent pay and benefits where the required schedule can be better accommodated.

(8) Medical Certification of a Serious Health Condition. Chelan County requires medical certification from a heath care provider for FMLA leave because of an employee’s, or a covered family member’s, serious health condition. Employees may obtain a medical certification form from the human resources department. The employee must provide medical certification within fifteen days after the employee requests leave, or provide a reasonable explanation for the delay. Failure to provide medical certification in a timely manner may result in denial of FMLAcovered leave until it is provided.

Chelan County, at its expense, may require an examination by a second health care provider designated by the county. If the second health care provider’s opinion conflicts with the original medical certification, the county, at its expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion. The county may require subsequent medical recertification.

(9) Recertification. Chelan County may request recertification for a serious health condition of the employee or employee’s covered family member no more frequently than every thirty days. Recertification may be requested in less than thirty days in any of the following circumstances:

(A) The employee requests an extension of his/her leave;

(B) Circumstances stated in a previous certification have changed significantly (for example, duration or frequency of absence or the nature or severity of illness); or

(10) Procedure for Requesting Leave. If an employee’s need for FMLA leave is foreseeable, the employee must give their immediate supervisor/department head or elected official (who will advise human resources) at least thirty days’ prior written notice. If this is not possible, the employee must at least give notice as soon as practicable (within one to two business days of learning of need for leave). Failure to provide this notice may be grounds for delaying FMLA-protected leave, depending on the particular facts and circumstances.

Additionally, if an employee is planning a medical treatment or a series of treatments, the employee must consult with the county first regarding the dates of this treatment to work out a schedule that best suits the needs of the employee and the county.

Where the need for leave is not foreseeable, employees are expected to notify their immediate supervisor/department head or elected official (who will advise human resources) within one to two business days of learning of their need for leave, except in extraordinary circumstances.

The county will provide individual notice of rights and obligations to each employee requesting leave within two business days or as soon as practicable. For employees on intermittent or recurring leave for the same incident, this notice will be provided approximately every six months.

While on leave, employees are requested to report periodically to the county regarding the status of the medical condition, and their intent to return to work.

(11) Military Family Leave. Eligible employees are entitled to up to twelve weeks of leave because of “any qualifying exigency” arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty or has been notified of an impending call to active duty status. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration debriefings.

In addition, employees may be entitled to up to twenty-six weeks of FMLA leave to care for a covered family member of the military who suffered a serious illness or injury. (Res. 2021-83 (§ 9.3), 6/29/21; Res. 2018-45 (§ 9.3), 6/4/18: Res. 2014-36 (§ 9.2), 4/14/14: Res. 2011-31 (§ 8.2), 4/11/11: Res. 2010-01 (§ 8.2), 1/4/10: Res. 2009-12 (§ 8.2), 1/26/09: Res. 2007-171 (§ 8.2), 12/17/07: Res. 2006-37 (§ 8.2), 3/27/06. Formerly 1.20.780).

1.20.835 Washington Paid Family and Medical Leave (PFML).

(1) General Provisions. The Washington State Paid Family and Medical Leave (PFML) law (RCW Title 50A) and supporting regulations establish a program administered by the Washington Employment Security Department (ESD) to provide paid leave benefits and job protection to eligible employees who need leave for certain family and medical reasons. PFML benefits became effective January 1, 2020. This policy provides a summary of the PFML program. Employees may obtain additional information at www.paidleave.wa.gov. To the extent an issue is not addressed in this policy, the county will administer this benefit program consistent with applicable statutes and regulations.

The PFML program is funded through premiums collected by ESD via payroll deductions and employer contributions. The premium rate is established by law; employees are currently responsible for twothirds of the total premium amount. Should the state in the future modify the PFML premium rate or the percentage of premiums subject to collection through payroll deduction, the county will modify payroll practices to reflect those statutory changes.

(2) Eligibility. Under PFML, employees may be eligible for monetary benefits and job protection when taking leave for covered reasons. Eligibility requirements are as follows:

(A) Monetary Benefits. In order to be eligible for monetary benefits from ESD, an employee must have worked eight hundred twenty hours in Washington (for any employer or combination of employers) during the year preceding the claim.

(B) Job Protection. In order to be eligible for job protection under PFML, an employee must meet FMLA eligibility requirements (must have worked for the county for at least twelve months and have worked one thousand two hundred fifty hours in the last year).

An employee is ineligible for PFML benefits during any period of suspension from employment or during which the employee works for remuneration or profit (e.g., outside employment or contracting).

(3) Leave Entitlement and Amount of Leave. Eligible employees are entitled to take up to twelve weeks of medical or family leave, or a combined total of sixteen weeks if employees face multiple events in a year, and up to eighteen weeks if they experience a serious health condition during pregnancy that results in incapacity. The claim year begins when the employee files a claim for PFML benefits or upon the birth/placement of the employee’s child.

PMFL leave may be taken for the following reasons:

(A) The birth of a child and in order to care for that child (leave to be completed within one year of the child’s birth);

(B) The placement of a child for adoption or foster care, and to care for the newly placed child (leave to be completed within one year of the child’s placement);

(C) To care for a covered family member with a serious health condition (for the definition of serious health condition, see Section 1.20.830, Family and medical leave (FMLA), and RCW 50A.05.010);

(D) To care for the employee’s own serious health condition (for the definition of serious health condition, see Section 1.20.830, Family and medical leave (FMLA), and RCW 50A.05.010); and

(E) A qualifying exigency of a covered family member who is a military member on covered active duty or called to covered active duty status (or has been notified of an impending call or order to covered active duty).

For purposes of PFML, covered family members include the employee’s child, grandchild, parent (including in-laws), grandparent (including in-laws), sibling, or spouse (see also the definition for family member provided in Section 1.20.825(5), Washington State protected sick leave, Qualifying Purpose.

Unless otherwise expressly permitted by the county, leave taken under this title must be taken concurrently with any leave taken under the federal Family and Medical Leave Act of 1993 (FMLA). PFML leave may be taken intermittently; provided, that there is a minimum claim requirement of eight consecutive hours of leave in a week for which benefits are sought.

(4) PFML Application Process. An employee must submit an application to ESD in order to seek PFML benefits. For guidance on the application process, please refer to the ESD website (www.paidleave.wa.gov). Eligibility determinations will be made by ESD. If approved, the employee will need to file weekly benefit claims with ESD to continue receiving benefits.

(5) Notification Requirements. An employee must provide written notice to the county of the intent to take PFML leave. If the need for leave is foreseeable, notice must be given at least thirty days in advance of the leave. For unforeseeable leave, notice must be given as soon as practicable.

The employee’s written notice must include:

(A) The type of leave taken (family or medical) ;

(B) The anticipated timing of leave; and

If leave is being taken for the employee’s or a covered family member’s planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt county operations.

If an employee fails to provide this required notice to the county, ESD will temporarily deny PFML benefits. After receiving the employee’s notice of the need for leave, the county will advise the employee whether the employee is eligible for job protection under PFML or FMLA or both.

If taking leave intermittently, an employee must notify the county each time PFML leave is taken so that the county may properly track leave use.

(6) PFML Monetary Benefits. If ESD approves a claim for PFML benefits, partial wage replacement benefit payments will be made by ESD directly to the employee. The amount of the benefit is based on a statutory formula, which generally results in a benefit in the range of seventy-five to ninety percent of an employee’s average weekly wage, subject to a maximum of one thousand dollars per week. ESD’s website is expected to include a benefits calculator to assist employees in estimating their weekly benefit amount.

In most cases, PFML benefits are subject to a seven-day waiting period.

(A) The waiting period does not apply to PFML taken in connection with the birth or placement of a child.

(B) The waiting period begins on the Sunday of the week in which PFML leave is first taken.

(C) The waiting period is counted for purposes of the overall duration of PFML leave, but no monetary benefit will be paid by ESD for that week.

(D) Employees may use available accrued leave to cover absences during the waiting period.

Paid leave accruals (vacation, sick leave, floating holidays, compensatory time, or any other accrued leave) are not supplemental to PFML. An employee may elect to use such accrued leave during a PFML-covered absence, although the receipt of accrued leave must be reported to ESD as part of the PFML claims process and will result in a prorated weekly PFML benefit.

Failure to report the receipt of accrued leave may result in an overpayment by ESD, which ESD may recoup from the employee.

(7) Coordination With Other Benefit Programs. When an employee is on leave and only receiving PFML benefits, the employee is deemed to be in unpaid status for purposes of county policies and benefit programs. Insurance coverage will be handled in the same manner as other unpaid leaves of absence, pursuant to county policy and subject to any FMLA or other legal requirements requiring continuation of coverage.

(8) Job Restoration; Return-to-Work Recertification. An employee who is eligible for job-protected leave will be restored to the same or equivalent position at the conclusion of PFML leave, unless unusual circumstances have arisen (e.g., the employee’s position or shift was eliminated for reasons unrelated to the leave). The county may require a return-towork certification from a health care provider before restoring the employee to work following PFML leave where the employee has taken leave for the employee’s own serious health condition and under certain conditions, the county may deny job restoration to a salaried employee who is among the highest paid ten percent of Chelan County employees within seventy-five miles of the facility at which the employee is employed if:

(A) Denial is necessary to prevent substantial and grievous economic injury to the operations of the county;

(B) The county notifies the employee of the intent of the county to deny restoration on such basis at the time the employer determines that the injury would occur; and

If an employee taking PFML leave chooses not to return to work for any reason, the employee should notify the county as soon as possible. (Res. 2021-83 (§ 9.4), 6/29/21).

1.20.840 Military leave.

(1) Uniformed Services Employment and Reemployment Act (USERRA). A military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable.

(A) Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible.

(B) Longevity will continue to accrue during a military leave of absence. This is not to exceed a total of five years.

(C) Employees on military leave for up to thirty days are required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time. Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws.

(D) Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable one depending on the length of military service in accordance with USERRA. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service.

(2) Washington State Family Military Leave. Employees will continue to receive full pay when called to active duty or while on leave for training in connection with the employee’s participation in the National Guard, Armed Forces, or Reserves for up to twenty-one working days. The portion of any military leaves of absence in excess of twenty-one working days will be unpaid; however, employees may use any accrued vacation hours in place of the unpaid leave. Paid military leave will not exceed twenty-one days each calendar year, beginning October 1st and ending the following September 30th.

During a period of military conflict declared by the President or Congress the spouse of a member of the Armed Forces, National Guard or Reserves who has been called to active duty, before and up to deployment, or who is on leave from deployment, is entitled to fifteen days of unpaid leave per deployment. An employee, who works on average twenty or more hours per week excluding independent contractors, is covered. An employee must notify the county of his or her intention to take leave within five business days of receiving official notice that the employee’s spouse will be on leave or of an impending call to active duty.

Contact human resources for more information or questions about military leave. (Res. 2021-83 (§ 9.5), 6/29/21; Res. 2018-45 (§ 9.4), 6/4/18: Res. 2014-36 (§ 9.3), 4/14/14: Res. 2011-31 (§ 8.3), 4/11/11: Res. 2010-01 (§ 8.3), 1/4/10: Res. 2009-12 (§ 8.3), 1/26/09: Res. 2007-171 (§ 8.3), 12/17/07: Res. 2006-37 (§ 8.3), 3/27/06. Formerly 1.20.790).

1.20.850 Pregnancy disability leave and Washington family leave.

Chelan County will not discriminate against any employee who requests an excused absence for medical disabilities associated with pregnancy. Such leave requests will be evaluated according to the medical leave policy provisions outlined in this handbook and all applicable federal and state laws. Women on pregnancy related leave must be treated the same as other employees on sick or short-term disability leave. Pregnancy disability is the time prepartum, or postpartum when a woman is physically unable to perform her work duties due to pregnancy and childbirth. A physician’s statement may be required to verify the time allotted to pregnancy disability during leave, in accordance with county policies regarding sick or disability leave.

Pregnancy disability leave has no length of service requirement and is in addition to FMLA and PFML leave entitlements. Requests for time off associated with pregnancy and/or childbirth, such as bonding and child care, not related to an associated medical disability, will be considered in the same manner as other requests for unpaid family or personal leave. See FMLA or PFML, county sick leave policies and collective bargaining agreements for additional information. (Res. 2021-83 (§ 9.6), 6/29/21; Res. 2018-45 (§ 9.5), 6/4/18: Res. 2014-36 (§ 9.4), 4/14/14: Res. 2011-31 (§ 8.4), 4/11/11: Res. 2010-01 (§ 8.4), 1/4/10: Res. 2009-12 (§ 8.4), 1/26/09: Res. 2007-171 (§ 8.4), 12/17/07: Res. 2006-37 (§ 8.4), 3/27/06. Formerly 1.20.800).

1.20.860 Domestic violence leave.

(1) Domestic violence leave for victims and families allows the victims of domestic violence, sexual assault or stalking to take reasonable or intermittent leave from work to take care of legal or law enforcement needs or to get medical treatment, social services assistance or mental health counseling.

(2) Family members of a victim may also take reasonable leave to help the victim obtain treatment or seek help. A family member is a child, spouse, parent, parent-in-law, grandparent or someone with who the employee has a dating relationship.

(3) The employee must give advance notice when possible and may elect to use available paid leave, or unpaid leave. The employee may be required to provide verification to support the need for leave. For a list of acceptable forms of verification, see Section 1.20.825(10), Verification Requirement. (Res. 2021-83 (§ 9.7), 6/29/21; Res. 2018-45 (§ 9.6), 6/4/18: Res. 2014-36 (§ 9.5), 4/14/14: Res. 2011-31 (§ 8.5), 4/11/11: Res. 2010-01 (§ 8.5), 1/4/10: Res. 2009-12 (§ 8.5), 1/26/09. Formerly 1.20.805).

1.20.870 Jury duty leave.

(1) Chelan County encourages employees to fulfill their civic responsibilities by serving jury duty when required. Employees in an eligible classification may request jury duty leave.

(2) Jury duty pay will be calculated on the employee’s base pay rate times the number of hours the employee would otherwise have worked on the day of absence. Employees who are on paid jury duty leave will be required to forward any jury pay to the county; the employee may keep pay received for mileage traveling to serve jury duty. Employee classifications that qualify for paid jury duty leave are:

(A) Permanent full-time employees;

(B) Permanent part-time employees.

(3) Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate their absence. Of course, employees are expected to report for work whenever the court schedule permits.

(4) Either Chelan County or the employee may request an excuse from jury duty if, in Chelan County’s judgment, the employee’s absence would create serious operational difficulties. However, employment obligations are not generally accepted by superior court as a basis to excuse jury service. A court may continue jury service to another date but excusing an employee from jury service is unlikely. Pursuant to RCW 2.36.170, a person summoned for jury service who intentionally fails to appear as directed shall be guilty of a misdemeanor. Information regarding jury service can be found on the superior court clerk’s website.

(5) Chelan County will continue to provide health insurance benefits for the full term of the jury duty absence.

(6) Vacation, sick leave, and holiday benefits will continue to accrue during jury duty leave. (Res. 2021-83 (§ 9.8), 6/29/21; Res. 2018-45 (§ 9.7), 6/4/18: Res. 2014-36 (§ 9.6), 4/14/14: Res. 2011-31 (§ 8.6), 4/11/11: Res. 2010-01 (§ 8.6), 1/4/10: Res. 2009-12 (§ 8.6), 1/26/09: Res. 2007-171 (§ 8.5), 12/17/07: Res. 2006-37 (§ 8.5), 3/27/06. Formerly 1.20.810).

1.20.880 Witness duty.

(1) Chelan County encourages employees to appear in court for witness duty when subpoenaed to do so.

(2) If employees have been subpoenaed or otherwise requested to testify as witnesses by Chelan County, they may receive paid time off for the entire period of witness duty. Employee classifications that qualify for paid witness duty are:

(A) Permanent full-time;

(B) Permanent part-time.

Employees appearing for witness duty on county business will be paid for that time as hours worked at their regular rate of pay. Payment received for witness duty must be turned over to the county in order to receive the employee’s regular rate of pay.

Employees may be granted paid time off to appear in court as a witness at the request of a party other than Chelan County.

The subpoena should be shown to the employee’s supervisor immediately after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee’s absence. The employee is expected to report for work whenever the court schedule permits. (Res. 2021-83 (§ 9.9), 6/29/21; Res. 2018-45 (§ 9.8), 6/4/18: Res. 2014-36 (§ 9.7), 4/14/14: Res. 2011-31 (§ 8.7), 4/11/11: Res. 2010-01 (§ 8.7), 1/4/10: Res. 2009-12 (§ 8.7), 1/26/09: Res. 2007-171 (§ 8.6), 12/17/07: Res. 2006-37 (§ 8.6), 3/27/06. Formerly 1.20.820).

1.20.890 Bereavement leave.

(1) Bereavement leave may be taken, when verified by the employee’s supervisor, in the event of a death in the immediate family of the employee. Paid leave for such reason shall be limited to three days, to a maximum of twenty-four hours, in any one instance. If the employee is working a schedule other than an eight-hour/day schedule additional sick leave time may be used to supplement for a total of three working days. “Immediate family” shall include only: parents, spouse, children, grandparents, siblings, grandchildren, and in-law relations of the same. Two days of sick leave may be allowed if the additional time is necessary by reason of travel distance.

(2) Employees who wish to take time off due to the death of an immediate family member should notify their supervisor immediately. Bereavement leave will be provided to eligible employees in the following classification(s):

(A) Permanent full-time employees;

(B) Permanent part-time employees.

(3) Bereavement pay is calculated based on the base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift differentials. Bereavement leave will normally be granted unless there are unusual business needs or staffing requirements. (Res. 2021-83 (§ 9.10), 6/29/21; Res. 2018-45 (§ 9.9), 6/4/18: Res. 2014-36 (§ 9.8), 4/14/14: Res. 2011-31 (§ 8.8), 4/11/11: Res. 2010-01 (§ 8.8), 1/4/10: Res. 2009-12 (§ 8.8), 1/26/09: Res. 2007-171 (§ 8.7), 12/17/07: Res. 2006-37 (§ 8.7), 3/27/06. Formerly 1.20.830).

1.20.900 Leave without pay.

(1) Under certain circumstances an employee may be eligible for leave without pay (LWOP). LWOP may be allowed for time that an employee is absent for any of the following reasons: illness, disability or injury, military leave, family medical leave (FMLA), or other reasons as approved by the department head or elected official. All paid leave available to the employee must be exhausted (unless otherwise stated under the applicable leave category) prior to being eligible for LWOP. All leave without pay requests must be made to, and granted by, the elected official or department head in writing.

(2) While on authorized LWOP benefits and leave accruals may be reduced, or temporarily suspended if an employee does not have enough hours worked, or time in paid status, during a month. This includes medical, dental, and VEBA contributions (if applicable) from the county as well as sick and vacation accrual and longevity bonus leave accrual. Leave without pay may affect retirement service credit accrual per DRS regulations.

(3) Leave Accrual. Employees on unpaid leave for the entire month will not accrue sick or annual leave. Employees working or in paid status less than fifty percent of the month will not be eligible to accrue leave for the month. Employees in paid status from fifty percent to seventy-five percent of the month will accrue leave at fifty percent of their regular accrual for the month. Employees in paid status more than seventy-five percent of the month will accrue leave at their regular rate for the month.

(4) Medical/Dental/VEBA Benefits. Employees taking leave without pay that results in being in paid status for less than fifty percent of the month will not be eligible for the county contribution toward medical/dental/VEBA coverage. An employee may elect to continue medical insurance at their own expense by submitting payment to payroll or through COBRA. Employees taking leave without pay that results in being in paid status for less than seventy-five percent of the month are only eligible for fifty percent of the regular county contribution toward medical/dental/VEBA coverage. Employees in paid status for more than seventy-five percent of the month will receive their regular contributions.

(5) Employees taking leave without pay under family medical leave or other protected leave laws should see the applicable section of the handbook or collective bargaining agreement.

(6) A probationary employee who takes leave without pay may have his/her probationary period extended for the length of the leave. Employees taking unauthorized LWOP will be subject to disciplinary action. (Res. 2021-83 (§ 9.11), 6/29/21; Res. 2018-45 (§ 9.10), 6/4/18).