SHEBOYGAN COUNTY PERSONNEL POLICY MANUAL Introduction
Transcription
SHEBOYGAN COUNTY PERSONNEL POLICY MANUAL Introduction
SHEBOYGAN COUNTY PERSONNEL POLICY MANUAL Introduction Welcome to Sheboygan County! This manual sets out Human Resources policies relating to all Sheboygan County employees. Its purpose is to provide guidance to all employees regarding the terms and conditions of their employment. The manual is designed to promote consistent, uniform personnel administration throughout Sheboygan County. The Personnel Policy Manual is not designed to be all-inclusive, as there may be other departmental policies or other exceptions to these policies that may apply to you. This Manual is not, and is not intended to be or to create, a contract of employment or a promise of employment. The County reserves the right to modify, revoke, suspend, terminate, or change any or all policies contained in this Manual, in whole or part, at any time, with or without notice. This Manual is subject to all federal and state laws, county ordinances and resolutions. In the event there are inconsistencies, the law will control. County employees are employed “at-will.” At-will employment means the County can terminate the employment relationship with an employee at any time, for any or no reason not prohibited by law, with or without cause. The language set forth in this Manual supersedes all previous Sheboygan County Personnel Manuals. We welcome your constructive feedback on the usefulness and completeness of this handbook. Please direct any and all comments you may have to the Sheboygan County Human Resources Department. Revised October 2012 Page 1 Sheboygan County’s Mission, Vision and Guiding Principles: The mission of Sheboygan County is to provide courteous, responsive, efficient and effective services to those we serve. The vision of Sheboygan County is to be recognized as a leader of responsive and cost-effect local government. The guiding principles of Sheboygan County are: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. to provide leadership, to be dedicated to the concept of democratic local government, to maintain a constructive, objective, and creative attitude, to maintain a deep sense of social responsibility as a trusted public servant, to be dedicated to the highest ideals of honor and integrity in all public and personal relationships, to recognize that the chief function of local government is to serve the best interest of all citizens, to improve the quality and image of public service, to encourage regular communication between citizens and county officials, to emphasize friendly and courteous service to the public, to treat your colleagues and staff with respect and courtesy, to foster problem-solving and continuous learning in the work environment, to train and empower staff to attain high standards of professionalism, and to actively seek shared services opportunities with local, state, and federal agencies. Revised October 2012 Page 2 SHEBOYGAN COUNTY Adam N. Payne County Administrator To: All Sheboygan County Employees From: Adam Payne, County Administrator Date: October 2012 This Personnel Policy Manual sets out many of the rules that will apply to your job with Sheboygan County. Although these policies are sure to be reexamined and revised in the future, this Manual does represent a significant transition, as numerous issues currently covered by our union agreements will be subject to these policies after the end of 2012. A primary goal in drafting this Manual was to maintain Sheboygan County’s position as a place where people will want to work—we want to be an employer of choice and be able to attract and retain excellent staff. Although some changes in work rules and benefit programs were needed to help the County continue to move forward as a cost-effective provider of government services, we have striven to reach a thoughtful balance, comparing our policies and benefit levels with private employers as well as similar counties and cities to ensure that we remain competitive. I believe our goal has been met. Another goal that was very important to me was to have as open a process as possible, with multiple opportunities for input by employees before any decisions were finalized. I am not aware of any local unit of government in Wisconsin that has met that goal more thoroughly than we have. Draft policies were made available for review at early stages of the process, and many of you took the opportunity to provide feedback and comment by email, on the HR Department’s intranet web site, at work group employee input sessions, and at HR Committee employee input sessions. I also routinely met with bargaining unit presidents and sought their input and suggestions. Although this process involved a lot of time and work, I hope that employees will have a greater level of confidence in the manual as a result. I know that your collective efforts have resulted in a better set of policies. I am thankful for the level of thoughtfulness, engagement, and civility shown throughout these discussions. It is gratifying to see how we can all continue to work for the best interests of the County even when we disagree about how those interests are best served. Thank you for your thoughtful input and support. Revised October 2012 Page 3 I would also like to thank and acknowledge work group members who spent countless hours researching, drafting, discussing, and presenting these policies, including: Mike Collard (Human Resources Department), Aaron Brault (Planning & Conservation Department), William Bruckbauer (Sheriff’s Department), Carl Buesing (Corporation Counsel Department), Carol Bukovic (Health & Human Services Department), Charlene Cobb (Veterans Service Department), Fran Damp (County Board), Jayne Dragan (Treasurer’s Department), Tom Eggebrecht (Health & Human Services Department), Penny Elsner (Human Resources Department), Jean Gallimore (Human Resources Department), Ann Gottowski (Transportation Department), Terry Hanson (Finance/IT Department), Laura Henning-Lorenz (Treasurer’s Department), Angie Iserloth (Rocky Knoll Health Care Center), Devin LeMahieu (County Board), Kim Pagel (Health & Human Services Department), Susan Schaubel (Court Commissioner’s Department), Greg Schnell (Transportation Department), Jim TeBeest (Building Services Department), Nan Todd (Clerk of Courts Department), Natasha Torry-Morgan (Corporation Counsel Department), Mary Wegmann (Finance/IT Department), Shawn Wesener (Planning & Conservation Department), and Ruth Wilsing (Human Resources Department). Sheboygan County is a very dynamic organization with broad roles and responsibilities. We take pride in delivering quality programs and services, and are successful due to talented, hardworking and dedicated staff. Thank you for the very important work that you do, and if you are new to our organization, welcome aboard. Revised October 2012 Page 4 Personnel Policy Manual Section Index 100 Human Resources Administration 200 Recruitment, Selection, and Departure 300 Benefits 400 Employee Conduct 500 Compensation 600 Workplace Policies 700 Time Away From Work 800 Technology 900 Workplace Health and Safety Revised October 2012 Page 5 100 HUMAN RESOURCES ADMINISTRATION 101 – Applicability 102 – Employee Definitions and Status 103 – Employee Personnel Files 104 – Parking Permits 105 – Relationship to Department Policies 200 RECRUITMENT, SELECTION, AND DEPARTURE 201 – Background Checks 202 – Employee Recruitment and Selection 203 – Equal Employment Opportunity 204 – Immigration Reform & Control Act of 1986 205 – Layoffs 206 – Moving and Relocation Allowances 207 – Orientation 208 – Post-Offer Pre-Employment Physicals and Drug Screens 209 – Promotions 210 – Resignation of Employment 211 – Verification of Employment - References 300 BENEFITS 301 – Dental Benefits 302 – Donation of Benefit Time 303 – Employee Assistance Program 304 – Flexible Spending Accounts/Section 125 Plans 305 – Health Benefits Revised October 2012 Page 6 306 – Holidays 307 – Income Protection Program 308 – Life Insurance 309 – Long Term Disability Program 310 – Retirement 311 – Sick Pay 312 – Vacation 400 EMPLOYEE CONDUCT 401 – Employee Corrective Action and Discipline 402 – Employee Development 403 – Employee Performance 404 – Internal Complaints 405 – Involuntary Termination of Employment 406 – Non-Retaliation 500 COMPENSATION 501 – Compensatory Time 502 – Longevity Pay 503 – Overtime Pay 504 – Pay Differentials 505 – Pay Period/Pay Day 506 – Payroll Deductions 507 – Temporary Pay Adjustments 508 – Time Reporting Revised October 2012 Page 7 600 WORKPLACE POLICIES 601 – Bulletin Boards 602 – Confidentiality 603 – Demeanor and Appearance 604 – Food in the Workplace 605 – Fragrances and Scents in the Workplace 606 – Gifts and Gratuities 607 – Hours of Work 608 – Meal Allowance/Expense Reimbursement 609 – Meal and Rest Breaks for Non-Exempt Employees 610 – Nepotism 611 – Outside Employment 612 – Political Activity 613 – Solicitations 614 – Use of County Equipment 700 TIME AWAY FROM WORK 701 – Administrative Leave 702 – Attendance and Absenteeism 703 – Bereavement Leave 704 – Family and Medical Leave (FMLA) 705 – General Leaves of Absence 706 – Inclement Weather 707 – Jury Duty 708 – Military Leave Revised October 2012 Page 8 709 – Voting 710 – Witness Service 800 TECHNOLOGY 801 – Electronic Communications 900 WORKPLACE HEALTH AND SAFETY 901 – Drug-Free Workplace 902 – Emergency Evacuations and Safety 903 – Employee Identification Badges 904 – Harassment in the Workplace 905 – Smoking 906 – Temporary Light Duty 907 – Weapons and Firearms Restrictions 908 – Workers Compensation 909 – Workplace Violence Revised October 2012 Page 9 100 HUMAN RESOURCES ADMINISTRATION 101 – APPLICABILITY The policies contained in this Personnel Policy Manual (hereinafter “Manual”) generally apply to all Sheboygan County employees with the exception of elected officials. According to policy language or usage, certain policies may apply only to some employees. The provisions of this Manual are subject to state and federal law as well as Sheboygan County ordinances. In the event of a conflict between a provision of this Manual and a provision of state law, federal law, or County ordinance, the law or ordinance is controlling. To the extent that provisions of this Manual conflict with specific language in applicable collective bargaining agreements which are in effect, the specific language of the collective bargaining agreement shall be controlling. Wages, hours, or working conditions included in the Manual are not binding on those parties currently subject to the mandatory duty to bargain unless the terms and conditions of employment are permitted by the collective bargaining agreement, upon fulfillment of the duty to bargain between the Union and Employer, or upon waiver. The provisions of this Manual are subject to waiver, amendment, or revision by the Human Resources Committee or the Sheboygan County Board of Supervisors at any time with or without notice. The Human Resources Department has primary responsibility for administering and interpreting the policies set forth in this Manual. 102 - EMPLOYEE DEFINITIONS AND STATUS Employee types are governed by the following definitions: Full-Time Regular – A Full-Time Regular Employee is one assigned to a position on the County Personnel Table of Organization and who is ordinarily scheduled to work at least 37 hours per week on average. Part-Time Regular – A Part-Time Regular Employee is one assigned to a position on the County Personnel Table of Organization and who is ordinarily scheduled to work less than 37 hours per week on average, or to whom is assigned a base schedule averaging less than 37 hours per week. Casual – A Casual Employee is one who works on an on-call basis as needed with no expectation of regular hours of work, and who does not work more than 900 hours in any calendar year. Student – A Student Employee is one who attends high school, college, or technical school, and may work varied hours depending on the student’s Revised October 2012 Page 10 academic schedule. A Student Employee includes an intern hired through a school’s internship program. Limited-Term – A Limited-Term Employee is one hired for a particular purpose for a specific period not to exceed six months in duration. A Limited-Term Employee whose term ends may not be re-hired for a new term unless the individual has been separated from County employment for a continuous period of at least fourteen calendar days. Employees will be categorized as Exempt or Non-Exempt. This determination will be made by the Human Resources Department in accordance with federal and state wage and hour laws. Exempt employees will be paid on a salary basis. The salary will not be reduced based on hours not worked but may be reduced when the employee is absent from work for a full day. Usage of paid time off such as vacation is not considered a reduction in salary and may be used in less than full day increments. Non-exempt employees will be paid on an hourly basis for hours worked. The County Administrator is the Chief Administrative Officer of Sheboygan County, who coordinates and directs administrative and management functions, and directly supervises all appointed Department Heads. The County Administrator may perform any function of a Department Head or Supervisor under these policies. A Department Head is the employee, whether elected or appointed, who leads a County department. Throughout these policies, the term Department Head shall refer to either the actual Department Head or the Department Head’s designee. A Supervisor or Supervisory Employee is one who is responsible for supervising one or more other employees with respect to job assignments, direction of the work, work performance, discipline, and scheduling. One or more direct Supervisors shall be designated for each employee. A position description will be maintained for each County position, which shall include a non-exclusive list of essential duties and requirements for the position, identify the position type and exempt or non-exempt status, and identify the direct supervisor for the position. Position descriptions for department head positions must be approved by the County Administrator and for other positions must be approved by the Human Resources Director. 103 - EMPLOYEE PERSONNEL FILES It is the responsibility of the Human Resources Department to establish and maintain the employee personnel file for active, inactive, and/or former employees. Revised October 2012 Page 11 Pursuant to Wis. Stats. §103.13, employees or their designated representatives may request a copy of their personnel file. The County will make the personnel file available for review. A written request to review employee files must be sent to the Human Resources Department at least 24 hours in advance. Human Resources will schedule an appointment for employees to review files within seven working days following the receipt of the employee’s request. Employees may make two requests per calendar year. The inspection of the personnel file shall take place in the Human Resources Department. If inspection requires employees to take time off work, the employer may provide another reasonable time for the inspection. Human Resources may allow the inspection to take place at a place other than in the Human Resources department when the time or place is more convenient for the employee. 104 - PARKING PERMITS All employees including temporary, limited-term, and part time employees choosing to park in County lots are required to obtain a parking permit from Human Resources. Temporary and employee parking permits are available in the Human Resources Department, Room 336 in the County Administration Building. Regular employees are required to pay a nominal fee for a parking permit while temporary and limited-term employees’ permits will be provided free of charge. A parking permit is valid through the end of a person’s employment period. Parking Permits shall be displayed in accordance with Sheboygan County Ordinances, Chapter 34. Chapter 34 provides detailed Rules and Regulations governing this policy. 105 - RELATIONSHIP TO DEPARTMENT POLICIES This Personnel Policy Manual does not preclude any County department from adopting its own written policies adding to or supplementing the terms of this Manual with respect to personnel matters within the department. Additionally, this Manual is not meant to affect departmental operating policies or procedures which do not primarily concern personnel matters. If a department obtains approval of its departmental policies from the Human Resources Committee, then those departmental policies shall supersede the more general policies contained in this Manual even if they are in conflict. Any department adopting its own written policies covering departmental personnel matters shall provide copies of those policies, and any amendments thereto, to the Human Resources Department. Revised October 2012 Page 12 200 RECRUITMENT, SELECTION, AND DEPARTURE 201 - BACKGROUND CHECKS All applicants for employment with Sheboygan County are required to sign a release allowing the County to conduct a criminal background check or a Background Information Disclosure Form for Caregiver Background Check, whichever applies. If applicants choose not to sign a release they will no longer be considered for the position. Certain County positions may require a more thorough background check. No one shall make an unconditional offer of employment prior to the completion of a criminal background investigation. In accordance with Sheboygan County's Civil Rights Compliance Plan, the County prohibits unlawful discrimination against applicants with prior convictions unless the convictions substantially relate to the position for which they are applying. If the position requirements include bonding, the applicant shall be bondable. In determining if the criminal conviction substantially relates to the position, the County considers the length of time between conviction and application, the nature of the offense, and compares the general circumstances of the crime to the likelihood the applicant may duplicate the circumstances in the workplace. Background checks are a requirement for certain positions at prescribed intervals. Employee compliance with these background checks is a condition of continuing employment. 202 - EMPLOYEE RECRUITMENT AND SELECTION Recruitment Goal: Sheboygan County is committed to recruiting and selecting the best-qualified persons for County positions and has structured the recruitment process to meet this goal. The County complies with state and federal employment laws and regulations applicable to employee recruitment and selection. Internal Posting and Selection: The County posts all authorized vacancies internally for a minimum period of five working days. If the vacancy is the continuation of a previous position subject to restructuring, combining of positions, or addition of duties, the department head may waive the internal posting requirements following approval of the Human Resources Director or the County Administrator. Internal Application Criteria: Employees wishing to apply for vacant positions are required to meet the minimum qualifications of the position as defined in the official position description. A department head has the option of giving preference to a current employee within the department, as well as the discretion Revised October 2012 Page 13 to consider additional factors including but not limited to prior work performance, attendance, and length of service. The department head also has the authority to determine the weight assigned to each factor. Employees who move from one position in a County department to a position in another department shall give at least two weeks’ notice unless otherwise mutually agreed upon by the parties. Employees’ accrued benefit time will transfer to their new position. External Recruitment: Department heads have the authority to advertise vacancies externally in conjunction with or following internal postings. External advertising is not required. If a department chooses to advertise externally, following consultation with Human Resources, the department shall develop an external recruitment plan. The County will advertise vacancies on the County’s website and the Wisconsin Job Service website for a minimum of five business days. Applications: It is the responsibility of Human Resources to track all applicants for County employment. As such, only Human Resources may accept Sheboygan County Applications for Employment and only accepts applications for posted positions. External applicants are required to submit a completed Sheboygan County Application for Employment to Human Resources including any additional materials required to support their candidacy. If applicants fail to submit their materials to Human Resources by the application deadline, they cannot be considered for the position. Internal applicants applying for a vacancy may submit a new Sheboygan County Application for Employment or a written statement updating their qualifications and experience relevant to the position requirements. Interviews and Testing: Applicants will be considered for a vacancy when their work experience, education and training meet the qualifications for the position. When a respective position requires skill- or knowledge-based testing, all qualified applicants will be required to take and pass the respective tests for further consideration in the search process. All references and background checks are performed in accordance with state and federal laws and regulations. Offers of Employment: Prior to making an offer of employment, Human Resources will meet with the department head to discuss their proposed compensation package. All employment offers shall be in writing, and are conditional upon satisfactory completion of the criminal background check and drug screen. If the position requires a physical examination, the offer is conditional until the candidate passes the exam. Prior to making a conditional offer of employment, a department shall obtain the required approvals designated in Sheboygan County Ordinance, Chapter 46. Eligibility Lists: The hiring authority or Human Resources may establish and maintain applicant eligibility lists for positions. When a new vacancy in the same job classification and department occurs within six months after the conclusion of Revised October 2012 Page 14 the recruitment process, the department head, with approval of the Human Resources Director, may elect to fill the position with an applicant from the prior search. 203 - EQUAL EMPLOYMENT OPPORTUNITY The County is committed to providing all applicants equal opportunities for employment without regard to age, race, creed, color, handicap, marital status, sex, national origin, sexual orientation, veteran status, use of lawful products or any other unlawful consideration. Engaging in unlawful discrimination, includes and is not limited to recruitment, hiring, job classification, firing, promotion, demotion, wages, benefits and training. This policy sets forth the responsibilities for compliance with Equal Employment Opportunity, (EEO) legislation and the methods for communicating this policy. The Human Resources Department shall instruct, counsel and provide training materials to management staff on EEO-related issues. The County requires all management staff to be knowledgeable of and to comply with the Sheboygan County EEO Policy and with local, state and federal laws and regulations. Sheboygan County complies with federal and state posting regulations by posting the required Equal Employment Opportunity is the Law notices at all County facilities. All external position advertisements shall contain the EEO statement. 204 - IMMIGRATION REFORM & CONTROL ACT OF 1986 Sheboygan County complies with the provisions of the Immigration Reform and Control Act of 1986 in employing only United States citizens and/or documented immigrants authorized to work in the United States. Completion of an Immigration and Naturalization Service Form (I-9) is required within three business days from date of hire on all employees. In addition, if at any time during the course of an employee’s employment with the County it is established that the employee is not legally authorized to work in the United States, the employee will be subject to immediate termination. 205 – LAYOFFS The County recognizes there will be times when layoffs are necessary. Reasons for layoffs may include budget deficits, shortage of work, organizational restructuring, and elimination of positions. The County maintains sole authority to exercise discretion in selecting employees for layoff in order to sustain efficient operations of County services. When selecting employees for layoff, the department head or supervisor should rely on appropriate objective factors to the extent practicable. Revised October 2012 Page 15 Employees subject to layoff do not have right of recall to their former position. If the position is later posted, employees on layoff are welcome to apply. If an employee is re-hired within one year of layoff, the County shall recognize prior service in determining salary and benefit levels. When employees are rehired within one year of layoff, employees may “buy back” some or all of the benefit time paid out at the time of layoff. 206 - MOVING AND RELOCATION ALLOWANCES If so agreed at the time an offer of employment is made or accepted, all or a portion of reasonable and customary expenses for relocation of household goods may be reimbursed up to a maximum of $3,000. This request must be submitted to and approved by the Human Resources Director. Proof of relocation-related expenses must be provided to the Human Resources Director following date of hire. Any new employee who received reimbursement from Sheboygan County is expected to provide at a minimum one year of employment. If for any reason the employee separates from employment with Sheboygan County within one year of date of hire, whether it is due to their own request or at the request of the County, the employee shall be required to repay all related expenses received. Certain relocation expenses taxable by the IRS and will be reported as ordinary income on theW-2. Please refer to IRS Publication 521 at www.irs.gov/pub/irspdf/p521.pdf. 207 – ORIENTATION The County follows an established orientation procedure. All new employees will receive benefit orientation on or before their date of hire. Human Resources Orientation Prior to or on the first day of employment new employees must report to Human Resources to complete the requisite Human Resources forms. The employee will also be advised of employee benefits, pay rate, pay day, and certain County policies. An employee will not be permitted to begin working until the initial orientation process has been completed. Orientation to the Work Site New employees shall attend a departmental orientation provided by the department head or supervisor. Departmental orientation includes introducing new employees to fellow workers, explaining safety regulations, break periods, lunch, how to purchase supplies, use of telecommunications equipment as well as other relevant departmental policies and procedures. Revised October 2012 Page 16 208 - POST-OFFER PRE-EMPLOYMENT PHYSICALS & DRUG SCREENS All individuals offered and who accept employment with Sheboygan County must be able to perform the essential functions of the position and be free from the adverse effects of drugs. A post-offer physical (if applicable) and drug screening will be scheduled with the testing facility at the County’s expense. No individual may begin employment before the successful completion of the post offer physical (if applicable) and the drug screening. Failure to pass either will result in withdrawal of the employment offer. Results of the physical examination (if applicable) and drug screen will be communicated to the Human Resources Department and made available to the individual. The Human Resources Department will notify the department of the results. Documentation of the results of the physical examination (if applicable) and the drug screening will remain in the Human Resources Department’s confidential employee medical file. 209 - PROMOTIONS Prior to considering a current, regular employee of the County for a promotion, the respective department head shall meet and confer with the Human Resources Director. All employees under consideration for a promotion shall meet the minimum qualifications of the position as defined in the official position description. Additional factors taken into consideration include prior work performance and attendance. Promotion shall be based on objective, work-related factors to the extent practicable. Supervisors must avoid favoritism. All internal promotions shall be subject to approval from the Human Resources Committee. 210 - RESIGNATION OF EMPLOYMENT Notice of Resignation Employees planning to leave employment with the County shall give a written notice of their resignation to their supervisor and Human Resources as early as possible. Employees shall provide the date of their final workday and future contact information if applicable. The County encourages employees who are resigning to provide at least two weeks’ notice whenever practicable. Employees planning to retire are encouraged to contact a representative at the Wisconsin Retirement System (WRS) to discuss your retirement options several months in advance of the planned retirement date. Employees are encouraged to contact WRS at least 12 months in advance of their planned retirement date. Please direct all requests for retirement account status and retiree benefits to WRS. The phone number for WRS is 1-877-533-5020. For hearing impaired Revised October 2012 Page 17 individuals the TTY number for English speaking employees is 1-800-947-3529 and for Spanish speaking employees, 1-800-833-7813. Employees who are retiring or resigning shall schedule an appointment with Human Resources to review their applicable continuation of benefits and the exit interview process. The employees’ department head is responsible for completing and submitting the employee time sheet for the current pay period, and expense account forms, and shall notify the Finance Department of any outstanding expenses the employee owes the County. Employees who are absent from work for three (3) consecutive workdays without authorization will have voluntarily resigned. No representative of the County has the authority to enter into a contrary agreement unless the department head, after prior consultation with the Human Resources Director, determines there was sufficient justification for the absence. Return of County Property On or before a departing employee’s final day of work, he or she must return all County property to the appropriate supervisor and satisfy all financial obligations. Some examples include but are not limited to: County ID badge and parking permit Credit, telephone, and all other County–issued cards Officer badge, gun, club, taser, handcuffs, collar brass, etc. Policy manuals and other confidential items County-owned electronic communication devices (cell phone, pager, radio, laptop, tablet) Books and other materials owned by the County, computers, software documentation, supplies, and other computer-related materials Keys and Key FOBS 211 - VERIFICATION OF EMPLOYMENT - REFERENCES All verification of employment requests made by other employers should be directed to the Human Resources Department. All requests for verifications should be made in writing and include an authorization from the employee for release of the requested information. The Human Resources Department will then verify position(s) held, dates of employment, and salary. Interns may request that their supervisors provide a written evaluation, in the format provided by their sponsoring school, which the supervisors may provide subject to the intern’s written authorization. In the event an employee is seeking to transfer from one department to another within the County, the hiring supervisor or department head may contact the employee’s current supervisor or department head for an internal reference. Revised October 2012 Page 18 Sheboygan County does not provide official references or recommendations for employees or former employees. Upon request, supervisors or department heads having first-hand knowledge of the employee’s performance may elect to provide a personal reference for an employee or former employee with written consent of the employee or former employee. Supervisors and department heads may choose not to provide a personal reference, for any or no reason, and no negative inference should be drawn if a supervisor or department head chooses not to give a personal reference. No supervisor or department head should provide a personal reference for an employee or former employee who was discharged or subject to possible disciplinary action at the time of termination without first consulting with the Human Resources Department. Revised October 2012 Page 19 300 BENEFITS 301 - DENTAL BENEFITS Dental coverage is provided for eligible employees under Sheboygan County’s self-insured program through a third-party administrator. Any employee premium contributions will be made through payroll deduction under the Section 125/Flexible Spending Account program. Coverage begins the first of the month after completion of 30 days of employment. Open enrollment will be every October for enrollment changes to be effective the following January. Full-time regular employees and part-time regular employees are eligible for dental benefits. In the event of an employee’s death, the County will pay the dental coverage costs for six months for all dependents on the plan at the time of death. Specific details regarding coverage and other terms and conditions of the dental plan are available in the dental plan booklet. 302 - DONATION OF BENEFIT TIME A regular full-time or regular part-time employee who has been continuously employed by the County for over one year may request and receive donations of benefit time in the event of the employee’s serious medical condition in accordance with the procedure described below. Eligibility An employee may request donations of benefit time under this policy to cover an extended period of absence from work caused by the employee’s serious medical condition if the employee has used or will use all available paid benefits, including sick pay, vacation, and compensatory time, before using donated time. An employee requesting donations must have filed a request for leave of absence and certification of health care provider. Donations of benefit time are not available to employees covered by the Income Protection Program. Requests for Donations An employee wishing to receive benefit time donations must make a request in writing to the employee’s department head. The request will be approved by the department head after consultation with the Human Resources Department if the request meets the requirements of this policy. After approval of the request, a solicitation of donations will then be posted in the employee’s department. Donations Employees who wish to donate may then donate available sick pay or vacation in whole day increments up to a maximum of five days per donor for a given condition. Donors must sign a form relinquishing all rights and claims to the donated sick pay or vacation. Donations are irrevocable and will not be returned to the donors if not used. The total donated pay or time received by any employee may not exceed the lesser of: (1) 360 hours, or (2) the amount which, when combined with the employee’s own Revised October 2012 Page 20 sick pay and sick leave banks, will suffice to cover the entire period until the employee is expected to return to work or becomes eligible to receive long-term disability benefits. Donations will be translated into dollar amounts according to the donors’ rates of pay (including longevity) and then made available as sick pay to the donee. Use of Donated Time An employee may use donated time only after exhausting all other available paid benefits, including sick pay, vacation, and compensatory time. Benefits will continue to accrue in the same manner as if the employee were on regular sick leave. Time taken off under this policy will be counted as leave under the Wisconsin and federal FMLA. 303 - EMPLOYEE ASSISTANCE PROGRAM The goal of Sheboygan County’s Employee Assistance Program is to provide support to help employees deal with life events before those concerns jeopardize the employee’s health, family life or job performance. The program offers free, confidential and professional support to Sheboygan County employees, spouses and eligible dependents. More information about the services provided by the Employee Assistance Program and how to access those services, can be found on the Sheboygan County website under Human Resources, or contact the Human Resources Department. 304 - FLEXIBLE SPENDING ACCOUNTS/SECTION 125 PLANS An employee, on a voluntary basis, may choose to set aside a portion of the employee’s pay before taxes are calculated, and then have that money available to cover certain qualified expenses. Employees are eligible to enroll in the plan after they have been employed for one year. Enrollment is limited to once each year during the annual enrollment period. Employees shall be given notice of annual enrollment opportunities and shall sign a waiver of participation if they elect not to participate. Elections made under an FSA cannot be changed during the plan year unless a qualifying midyear event allows an election change. Medical Reimbursement Account Employees may set aside money to pay for out-of-pocket medical, dental, and vision expenses of the employee, their spouse, qualified adult child, or tax dependent using pretax dollars. Any qualified medical expense under 213(d) of the tax code, except insurance premiums and over-the-counter drugs and medicines, may be reimbursed. Dependent Care Expenses Employees may set aside money to pay for day care expenses for a child under the age of 13 or other dependent who is incapable of self-care using pretax dollars. Additional information regarding FSA’s can be found in the summary plan description, which is available in the Human Resources Department. Revised October 2012 Page 21 305 - HEALTH BENEFITS Health coverage is provided for eligible employees under Sheboygan County’s self-insured program through a third-party administrator. Any employee premium contributions will be made through payroll deduction under the Section 125/Flexible Spending Account program. Coverage begins the first of the month after completion of 30 days of employment. Open enrollment will be every October for enrollment changes to be effective the following January. Full-time regular employees and part-time regular employees are eligible for health coverage. In the event of an employee’s death, the County will pay the health coverage costs for six months for all dependents on the plan at the time of death. Specific details regarding coverage and other terms and conditions of the health plan are available in the health plan booklet. Part Time Employee Health Insurance Proration Effective January 1, 2013, for regular part-time employees with benefits, the County’s share of health insurance premiums will be prorated based on the hours scheduled. The employee will be required to pay the remainder of the premium through payroll deduction under the Section 125 program. The average number of hours per week for new employees will be based on the anticipated schedule. The average number of hours worked will be adjusted effective January 1 of each year, based on the number of hours paid during the twelve months ending on October 31 of the preceding year. For an employee who has six months of experience but not twelve months of experience as of October 31, the average will be based on a six-month period; for an employee who does not have six months of experience as of October 31, the average number of hours will continue to be based on the anticipated schedule. 306 - HOLIDAYS Regular full-time employees will be granted ten full paid holidays as follows: New Year’s Day Friday Before Easter Memorial Day Independence Day Labor Day Thanksgiving Friday After Thanksgiving Christmas Eve Christmas Day New Year’s Eve Revised October 2012 Page 22 Regular part-time employees will be granted the same holidays, but the holiday pay will be prorated based on hours paid. For departments that are normally open Monday through Friday, when a holiday falls on a Saturday it will be observed the previous Friday, and when a holiday falls on a Sunday it will be observed on the following Monday. Holiday pay will consist of the employee’s normal hourly rate times the number of hours the employee normally works each day. In order to receive holiday pay, employees must work the regularly scheduled work days before and after the holiday unless such days are covered by either (1) previously approved leave of absence or vacation, or (2) a medical statement that the employee was unable to work because of illness or injury. An employee who works on the holiday itself will be paid at time and a half for the hours worked on the holiday, in addition to receiving holiday pay. Hours paid at time and a half for work on a holiday will not be counted as satisfaction of the employer’s obligation to pay overtime for work over 40 hours in a week (or other applicable limit) under the Fair Labor Standards Act. 307 - INCOME PROTECTION PROGRAM The County provides an Income Protection Program in lieu of sick days to certain regular full-time management employees and confidential staff. The management employees and confidential staff subject to this program include all employees in positions covered by the Income Protection Program as of January 1, 2012 as nonrepresented employees or as members of the Law Enforcement Supervisors Association, as well as any new positions which may be added in the future if at the time such positions are created it is determined that they will be subject to this program. The Income Protection Program will provide a degree of income protection for employees who are unable to work because of their own health condition, or when necessary to attend to the health care needs of the employee’s spouse, minor children, parent, parent-in-law, or legal ward, or if they qualify for federal or Wisconsin FMLA leave. Income protection benefit may also be used for medical, dental and optical appointments for the employee or the employee’s spouse, minor child, parent, parent-in-law, or legal ward, when it is not possible to schedule those appointments outside of the workday. When used for medical, dental and optical appointments, use of income protection benefit is limited to the amount of time required for travel and the actual appointment. The benefit provided will be 100% of the employee’s regular pay. It will cover the time period from the first day of absence until the absence period ends or until one of the limits described in the next paragraph has been reached. Once an employee has received either (a) 45 paid days off, or (b) 360 paid hours off, under the Income Protection Program in any calendar year, the employee will Revised October 2012 Page 23 not receive any additional paid time under the Income Protection Program for the remainder of that calendar year. These limits apply regardless of whether they are met by one or by several periods or causes of absence. An employee eligible to receive long-term disability payments will not receive Income Protection Program payments while the employee is eligible to receive long-term disability, regardless of whether the employee has exhausted either of the limits of Income Protection Program eligibility for the calendar year. The employee must have any illness or injuries from an accident verified by the employee’s health care provider if absent from work more than three (3) days. The County may request verification of continuing illness, as it deems necessary. The employee must cooperate in providing requested verification. Employees continue to receive full benefits while on the Income Protection Program. Employees are paid holiday benefits while on the Income Protection Program at the rate specified in the benefit payment schedule. 308 - LIFE INSURANCE County employees who have been an active member of the WRS (Wisconsin Retirement System) for at least six months may enroll in the group life insurance program. Employees may elect up to five times their annual salary as a benefit on their own lives. Spouse and dependent coverage is also available. Premiums for the selected coverage are paid by the employee through payroll deduction. Additional information can be obtained from the Human Resources Department or at http://etf.wi.gov. Employees who are leaving County employment and are interested in converting their plan to an individual policy may contact the insurer, Minnesota Life, directly at 1-866-295-8690. 309 - LONG-TERM DISABILITY PROGRAM Any regular full-time employee is eligible to participate in the County’s long-term disability program on or after the first day of the month following completion of thirty days of employment with the County. Part-time employees may also participate to the extent permitted by the terms and conditions of the plan selected by the County. The long-term disability program will provide a degree of income protection for employees who are unable to work for a period of greater than 60 calendar days continuously due to the employee’s injury or illness. The benefit provided will be 66-2/3% of the employee’s regular income. It will cover the time period from 60 calendar days after the start of the absence until the employee is able to return to work or reaches retirement age. Additional terms and conditions of coverage will be stated in the plan document. Revised October 2012 Page 24 The long-term disability program benefits will be administered by an outside insurer selected by the County. The long-term disability program is available to all eligible employees. The employee will be responsible to pay applicable premiums through payroll deduction. 310 - RETIREMENT Sheboygan County is an employer participant in the Wisconsin Retirement System (“WRS”). County employees must be enrolled in the WRS if they: (a) Were first hired by a WRS-participating employer prior to July 1, 2011, and are expected to work or do work at least 600 hours for the County in a year, and are expected to be employed by the County for at least one year following the date of hire; or (b) Were first hired by a WRS-participating employer after July 1, 2011, and are expected to work or do work at least 1200 hours for the County in a year, and are expected to be employed by the County for at least one year following the date of hire WRS benefits are administered by the Wisconsin Department of Employee Trust Funds. Provisions governing the WRS are contained in Chapter 40 of the Wisconsin Statues, master contracts, and the Wisconsin Administrative Code. Additional information can be obtained from the Human Resources Department or http://etf.wi.gov. 311 - SICK PAY The County provides a Sick Pay Program to regular full-time and regular parttime employees who are not covered by the Income Protection Program. Employees in the Sick Pay Program are eligible to receive up to 9 days’ pay per year as sick pay. This amount will be pro-rated for part-time employees. Each pay period, each employee will receive the annual number of days converted to dollars at the employee’s current regular rate of pay and divided by the number of pay periods in the calendar year. This amount will be placed in each employee’s sick leave account. Employees are eligible to use sick pay if they are unable to work because of their own health condition, or when necessary to attend to the health care needs of the employee’s spouse, minor children, parent, parent-in-law, or legal ward, or if they qualify for federal or Wisconsin FMLA leave. Sick pay may also be used for medical, dental and optical appointments for the employee or the employee’s spouse, minor child, parent, parent-in-law, or legal ward, when it is not possible to schedule those appointments outside of the workday. When used for medical, dental and optical appointments, use of sick pay is limited to the amount of time required for travel and the actual appointment. Revised October 2012 Page 25 The employee must have any illness or injury from an accident verified by the employee’s health care provider if absent from work more than three (3) days, or if utilizing sick pay on a work day immediately before or after a holiday. Employees will continue to receive their current level of benefits while using sick pay. In the event a holiday falls within the period of absence, employees will be paid holiday time and may not use sick pay for that day. Sick pay accounts are subject to a cap equal to 720 times the employee’s regular hourly rate of pay. The dollar value of the cap will be adjusted each time the employee’s regular rate of pay changes. An employee whose sick pay account is at the cap will earn no further sick pay until the employee’s account falls below the cap. Upon termination of employment for any reason, employees will be paid out 331/3% of their earned but unused sick pay. An employee who has earned but unused sick leave in the employee’s bank as of 12/31/2012 will retain the value of that sick leave bank, converted to dollars at the employee’s regular rate of pay as of 12/31/2012, in a separate “old sick leave” account. An employee’s “old sick leave” account is available for use by the employee as sick pay if the employee’s regular sick pay account has become exhausted. Upon termination of County employment for any reason, any balance remaining in the employee’s “old sick leave” account will be paid to the employee at 100%, no matter when the termination of employment occurs. Employees who were covered by the County’s Income Protection Program as of 12/31/2012 but who will no longer be eligible for the Income Protection Program after that date (which generally includes Community Programs Division members of the Public Health and Community Programs Professionals bargaining unit and members of the Highway Department Employees bargaining unit) will receive 19 days of sick pay in their accounts as a starting balance as of 1/1/2013. Those employees will then not begin earning additional sick pay until 1/1/2014. 312 - VACATION Vacation Earned All regular full-time and regular part-time employees are eligible to earn vacation. Full-time regular employees will earn vacation, based on continuous years of service completed, as determined by the following chart: Revised October 2012 Page 26 Continuous Years of Service Completed Annual Vacation in Days 0 through 2 10 3 through 7 15 8 through 13 14 through 19 20 and above 20 22 25 Part-time regular employees will earn vacation in a pro-rated amount but based on the same chart. Continuous service shall include all the time the employee has been in continuous employment status in a regular position. Continuous service shall not be considered interrupted if the employee: (a) (b) (c) Was on an approved leave of absence of less than 30 days’ duration; Was absent on military leave; or Was absent on approved federal or Wisconsin FMLA leave. For newly hired department heads and other key employees, the County Administrator may authorize additional vacation benefits beyond those called for by this policy for a temporary period of time following hire or that the new employee start at any level on the vacation earning chart. On each biweekly payroll, vacation will be placed in each employee’s vacation bank in an amount equal to the annual vacation rate for that employee based on the table above divided by the number of payrolls in that calendar year. Vacation Use Requests to use vacation must be submitted to the employee’s supervisor, or otherwise as determined by departmental rules, and vacation may not be taken unless approved. When taking action on an employee’s vacation request, the supervisor or department head should endeavor to respect the wishes of the employee if the interests of the department so permit. An employee may use only earned vacation that is in the employee’s vacation bank prior to the day of vacation. Revised October 2012 Page 27 In the event that a holiday falls on a regular workday within the week or weeks taken as vacation, such holiday shall not be charged as vacation. For any day on which work is suspended, such suspension shall not be construed to extend any vacation to an employee in such status at the time. No sick pay may be used while an employee is on vacation. Payout and Cap Under no circumstance other than termination will vacation be paid out. Vacation may not be used by an employee to extend the date of retirement or termination of employment. All unused earned vacation will be paid to the employee after termination of employment. Vacation banks are capped at 280 hours. When an employee’s vacation bank reaches the cap, the employee will earn no additional vacation until the employee’s vacation bank falls below the cap. Vacation Following Active Military Duty An employee who returns to County employment following a period of military leave which includes active service in U.S. armed forces for a period of six months or longer will receive an extra five days of earned vacation in the employee’s bank upon return to County employment. Transitional Provisions This vacation policy will generally become effective on January 1, 2013, subject to the following transitional provisions, for all employees other than those in the Health Care Centers Employees and Law Enforcement Employees bargaining units. Any employee who will be subject to this policy on January 1, 2013 may roll over any unused 2012 vacation banks into 2013 without seeking approval of the Human Resources Committee. On January 1, 2013, vacation will be placed in each employee’s bank in the amount that would be placed in the bank under the vacation benefit applicable to that employee in 2012. This vacation will be available immediately for use by the employee. In addition to the above, on each employee’s anniversary date in 2013 the employee will begin earning additional vacation time based on the new schedule as provided in this policy. For any employee whose annual vacation earning rate in days is higher on December 31, 2012 than the vacation earning rate applicable under this policy, the employee’s annual vacation earning rate in days will be frozen at the employee’s current rate until either the vacation earnings rate under this policy exceeds the employee’s current rate or, if the employee’s current rate is over 25 days, indefinitely. Revised October 2012 Page 28 For 2013 only, the cap on vacation banks will be 320 hours. On January 1, 2014, the cap will be reduced to 280 hours. Any vacation banks over 280 hours on January 1, 2014 will not be reduced, but no additional vacation will accrue until the bank is under the cap of 280 hours. An employee whose anniversary date is October 1 or later in the year may, on one occasion in 2013 or 2014, take up to two weeks of unpaid time off, subject to supervisory approval in the same manner as vacation. Revised October 2012 Page 29 400 EMPLOYEE CONDUCT 401 - EMPLOYEE CORRECTIVE ACTION AND DISCIPLINE Purpose. The purpose of any employee corrective action or discipline is to correct any undesirable conduct and to take actions as may be needed to maintain or improve the ability of the County to fulfill its mission of serving the public. Corrective Actions. Corrective actions may include verbal or written counselings, reminders, or warnings, and may also include other actions such as changes in assignment, changes in schedule, or demotions. Employee Discipline. Employee discipline means suspension or termination from employment for violation of a work rule. Conduct Subject to Corrective Action or Discipline. An employee may be subject to corrective action or discipline for any of the conduct listed below. This list is illustrative and does not include all conduct for which discipline may be imposed. (a) Violation of any department policy. (b) Violation of any County policy, including any policy in this Personnel Policy Manual. (c) Violation of any federal or state statute or regulation or County ordinance or applicable municipal ordinance when the violation is either committed during the course of County employment or, when the violation is committed off-duty, if the circumstances of the violation substantially relate to the employee’s County position or bring disrepute to the County. (d) Theft. (e) Illegal gambling during work hours or on County property. (f) Willful misuse, abuse, or damage to property. (g) Violation of safety rules. (h) Misuse or abuse of sick leave. (i) Failure to report to work without an approved leave of absence. (j) Sleeping on duty. (k) Mistreatment, abuse, or neglect of a client, resident, or other service recipient. Revised October 2012 Page 30 (l) Creating a disturbance in the workplace by fighting, argument, or other conduct which adversely affects morale, production, or maintenance of proper discipline. (m) Insubordination, including refusal to perform a work assignment. (n) Poor work performance. (o) Performing personal work while on duty. (p) Falsifying reports or records. (q) Falsifying time cards. (r) Failure to cooperate fully when job-related matters are investigated, including a failure to provide full, truthful, and accurate answers at a time and place of the employer’s choosing during a job-related investigation. (s) Dishonesty in performance of duties. Investigations. A fair, thorough and timely investigation should be conducted before any corrective action or employee discipline is issued. The scope and method of the investigation will depend on the circumstances, but at a minimum should include an interview of the employee with a full opportunity for the employee to respond to allegations. The investigation need not be conducted by the employee’s direct supervisor. The Human Resources Department must be contacted before any employee discipline is issued. Communication with involved employees will occur throughout the investigation as necessary, and the employee subject to the investigation shall be notified when the investigation is complete. Actions. Any corrective action or employee discipline should be issued by or on behalf of the employee’s direct supervisor. In many cases it is appropriate to impose corrective action or discipline in a sequential or progressive manner, but the supervisor has discretion to take the action most appropriate under the circumstances. Corrective action or employee discipline may be repeated at the same level when appropriate. In determining the most appropriate level of action, the supervisor should consider the employee’s work record, length of service, and disciplinary history if any; the employee’s knowledge of the wrongfulness of the conduct; the seriousness of the offense; the manner in which similarly situated employees have been treated for similar conduct; and any other appropriate aggravating or mitigating factors. Any corrective action should be, and every employee discipline must be, documented in writing, with the original document sent by the supervisor to the Human Resources Department for inclusion in the employee’s personnel file. Revised October 2012 Page 31 Review of Employee Discipline. Any employee discipline (but not corrective action) may be the subject of an employee grievance under Chapter 48 of the Sheboygan County Code of Ordinances. 402 - EMPLOYEE DEVELOPMENT Expanding employees’ abilities to perform their respective jobs effectively is essential to achieving the mission of the County. The County supports a variety of development activities that address current job needs, develop the necessary knowledge and skill to perform other jobs within the organization, and prepare employees for advancement opportunities. Following participation in development activities, employees may be required to share newly acquired information and procedures with their supervisor and, upon his/her approval, with departmental staff. Effective implementation of this policy requires department heads to: Work in conjunction with the Human Resources Department in designing and implementing employee development programs. Provide active leadership in the development and advancement of employees under their supervison. Assess the effectiveness of employee development programs and make recommendations for improvements and modifications. Assure employees are provided with sufficient time to participate in in-service programs, provided that such participation does not unduly interfere with necessary operations. Provide inservice education to employees to meet any applicable state and federal statutes, rules and regulations. Encourage employees to attend seminars and workshops outside the County when appropriate. Employees wishing to attend seminars and/or workshops related to their postion shall submit a written request to their supervisor including a thorough justification for the request. Under certain circumstances, and in accordance with state law, employees may be requested to reimburse the County for the costs of professional development activities. 403 - EMPLOYEE PERFORMANCE Evaluations Annual Evaluations. Each regular employee shall receive a performance evaluation from his or her direct supervisor at least once each year. The performance evaluation should include a statement of goals for the upcoming year, and supervisors must avoid favoritism. The goals should be selected to align with the department’s mission and objectives. Performance evaluations are only Revised October 2012 Page 32 effective when supervisors and department heads avoid the use of subjective criteria and rely solely on factors related to the employees’ work performance. New Employees. Each newly hired regular employee and each employee who moves to a new regular position shall receive at least one performance evaluation from his or her direct supervisor during the first six months that the employee is in the position. This evaluation may be used to determine whether the employee should continue in the position. Recordkeeping. Performance evaluations will be maintained in each employee’s personnel file. Supervisory Reviews. Supervisors are encouraged to meet with employees at least quarterly to review the employee’s progress toward goals and other aspects of work performance. These reviews may, but do not need to be, documented in the employee’s personnel file. Performance Improvement Plans When an employee’s performance is not meeting the expectations of the position, under the direction of Human Resources, the employee’s supervisor or department head shall develop a Performance Improvement Plan. The supervisor or department head shall meet with the employee identified as needing additional supervision to review and implement the Plan. Performance Improvement Plans are positive tools for coaching employees struggling to meet normal work expectations. A Performance Improvement Plan may be implemented at any time and is not a substitute for the annual performance evaluation. The objectives of an effective Plan shall be specific, measurable, achievable, realistic and time-bound. A Performance Improvement Plan is a tool for coaching employees helping them develop more effective and efficient work behaviors; it is not a substitute for discipline. 404 - INTERNAL COMPLAINTS If an employee has a concern with an individual or issue that they wish investigated as an internal complaint, the employee is encouraged to approach the person most directly involved first and attempt to resolve the conflict. If unsuccessful, the problem should be reported to the complainant employee’s immediate supervisor to be addressed. If the immediate supervisor is not successful in addressing the problem, the complaint may be elevated to the next level of supervision and/or the department head by the complainant or their immediate supervisor. The department head may refer the complaint to the Human Resources Director or the County Administrator. All legitimate internal complaints brought to the attention of each level of supervision of any department or work unit shall be subject to a thorough and timely investigation. Anonymous complaints may, but need not, be investigated. Communication with involved employees will occur throughout the investigation as necessary, and the employee who is the subject of the investigation as well as the complaining party will be notified when the investigation is complete. Revised October 2012 Page 33 405 - INVOLUNTARY TERMINATION OF EMPLOYMENT Employees of the County are “at will.” The County can terminate the employment relationship at any time, with or without cause, with or without notice, and for no reason or for any reason not prohibited by law. Provisions of this Manual regarding termination of employment are intended to give guidance to department heads and supervisors, and are not intended to change or affect this at will employment relationship. A department head or supervisor shall not terminate an employment relationship prior to consulting with the Human Resources Director or Corporation Counsel. When the department head determines circumstances warrant immediate separation from the work place, the department head may place an employee on administrative leave. Terminated employees subject to Sheboygan County Ordinance, Chapter 48 shall be advised of their right to appeal the termination decision. Employees with power to arrest shall be advised they have the right to appeal the termination decision in accordance with Wis. Stats. §59.26(B)(3). 406 - NON-RETALIATION The County will not tolerate any form of retaliation action taken against any employee who, in good faith, raises or reports a legitimate issue or concern. An employee should immediately report any retaliation concerns to their Department Head or Human Resources. All allegations of retaliation will be investigated in a thorough and timely manner. Revised October 2012 Page 34 500 COMPENSATION 501 - COMPENSATORY TIME Compensatory time will not be used unless a compensatory time plan for the department or work unit has been submitted by the department head and approved by the Human Resources Committee A compensatory time plan will not be approved unless it includes at least the following elements: A provision that compensatory time may be approved by a supervisor or department head only when the business needs of the department for extra work time during the week justify the use of compensatory time; A provision that compensatory time will be used only when there is an expectation that the employee will take the compensatory time off within 90 calendar days or less after the compensatory time is earned; and A cap on the total amount of compensatory time that may be in an employee’s bank at any one time, which cap shall not be greater than 40 hours. Unused compensatory time will be paid out at intervals and on dates as determined by the County. No additional payouts will be made at the employee’s request. 502 - LONGEVITY PAY Longevity pay as established by County policy, ordinance, or collective bargaining agreement will continue through December 31, 2012. Effective January 1, 2013 all longevity pay will be frozen at the rates in effect as of December 31, 2012. Employees who receive longevity will continue at their current rate with no future longevity increases granted. The longevity pay rate may be a percentage or dollar amount depending on the plan. 503 - OVERTIME PAY Overtime will be paid at time and a half when required by the federal or state Fair Labor Standards Acts (FLSA). Overtime at time and a half will not be paid when not required by the FLSA unless an exception to FLSA rules is granted by the Human Resources Committee. Revised October 2012 Page 35 Overtime is generally available for hours worked in excess of 40 hours per week. For law enforcement employees subject to 29 U.S.C. section 207(k), overtime is available for work over 160 hours in a work period of 28 consecutive days. Nonwork time such as vacation, sick leave, holidays, or compensatory time taken are not included in hours worked for purposes of calculating eligibility for overtime. Exceptions to this policy may be made by the Human Resources Committee. 504 - PAY DIFFERENTIALS Provisions for shift differentials, on-call pay, call-in pay, and other pay differentials as established by County policy or collective bargaining agreement as of the date of adoption of this Personnel Policy Manual, or the date an applicable collective bargaining agreement expired, whichever is later, will remain in place unless and until further action may be taken to modify such provisions by the Human Resources Committee with respect to any position or group of positions. 505 - PAY PERIOD/PAY DAY The County payroll period is a two-week period, beginning on Sunday and ending on Saturday. Pay day for all employees is bi-weekly on Friday. If the pay day falls on a holiday, the payment will occur on the business day immediately prior to the holiday. The County pays employees through direct deposit. Direct deposit statements are available. To allow sufficient time for preparation of payroll, there is a two-week delay following the period in which it is earned. Time will be rounded to the nearest quarter hour using the 7/8 Rule. Advances against future salary, wages or pay dates are not granted. 506 - PAYROLL DEDUCTIONS Required Deductions Certain deductions from employee pay are required by law; Federal laws require that income and social security taxes be withheld. State law requires withholding for income tax purposes. Employees eligible for the Wisconsin Retirement System or enrolled in the County Health or Dental plans will have the employee contribution deducted from their pay. The law requires the County to make deductions from an employee’s pay for matters such as garnishments, child support payments and bankruptcy payments. Revised October 2012 Page 36 The County is not required to inform employees before deducting payments for such matters. The County reserves the right to deduct any garnishment processing fees or other legally authorized fees from the employee’s pay. Optional Deductions Employees may authorize additional deductions only for specific purposes which have been authorized by the Human Resources Committee. No optional deduction shall be deducted from an employee’s pay without written authorization from the employee. Improper Deductions An employee who believes that an unauthorized or improper deduction has been made from his or her pay should immediately report the matter to the payroll unit or the Human Resources Department. 507 - TEMPORARY PAY ADJUSTMENTS An employee who is temporarily assigned to an existing position in a higher salary grade shall be paid a temporary higher salary for the duration of the assignment only if these guidelines are met: the higher position exists by virtue of having been created by both Liaison and Human Resources Committee action as part of the Table of Organization; sufficient budget authority must be available for the higher position; the temporary upgrade must exceed or be reasonably anticipated to exceed a period of thirty (30) days but not longer than six (6) months, unless otherwise authorized by the HR Committee; and the employee must assume the duties of the higher-classified position. Requests for temporary pay adjustments shall include information regarding available budget for the increased pay. The County Administrator or Department Head, along with the liaison committee, must first certify in writing to the Human Resources Committee their consent to the temporary assignment. The granting of the temporary higher salary may not have a retroactive effective date more than thirty days prior to the date of the Human Resources Committee action. The amount of the temporary higher salary should be increased to the minimum rate of the new salary range or to an appropriate step or salary above the midpoint for the new grade that is no more than ten (10) percent above the present salary of the employee who is assuming the new temporary position. Revised October 2012 Page 37 An employee who is temporarily assigned to a position with a lower salary range, for any period, shall not receive a reduction in pay, unless the operation of the department requires otherwise. 508 - TIME REPORTING The time reporting system is the means by which nonexempt employees’ work hours are documented and both the exempt and nonexempt employees’ use of vacation, holiday and sick pay is tracked. Nonexempt employees are covered by the provisions of the Fair Labor Standards Act. Employees in this status will receive overtime or compensatory time in accordance with those policies. Exempt employees do not receive overtime or compensatory time regardless of time worked. The time sheet must be prepared by the employee and approved by the supervisor or department head. The total time reported is the time an employee is entitled to be paid. The information entered is an official record and as such requires accurate and truthful information. Anyone who willfully falsifies a time record may be subject to immediate dismissal. Nonexempt employees will report all time worked within the pay period. Under no circumstances may time be “donated” (worked for no pay) or saved to be claimed on a subsequent pay period. The record shall show an accurate record of all time worked and leave taken, whether paid or unpaid, during the pay period. For exempt employees the record documents only used vacation, holiday or sick leave. To accomplish this, exempt employees will complete the record indicating any vacation, holiday, or sick time plus straight time to account for the total hours (80) in the pay period. This record does not track or document the actual hours worked by exempt employees. It only provides the information needed by the Finance Department to pay those employees. Time will be rounded to the nearest quarter hour using the 7/8 Rule. Revised October 2012 Page 38 600 WORKPLACE POLICIES 601 - BULLETIN BOARDS Official Bulletin Boards Bulletin boards labeled “Official” shall be utilized solely for official County business. This may include legal notices, County or department policies, notices, and informational materials. Material may be placed on or removed from Official bulletin boards only by a department head or designee. Unofficial Bulletin Boards Bulletin boards labeled “Unofficial” will be located in employee break or locker rooms, or other areas not often frequented by the public. Employees may post personal notices, such as thank you notes, post cards, items for sale, lost or found items, information on social gatherings, on unofficial bulletin boards. Unofficial bulletin boards may also be used for posting of notices and other materials by union officers or representatives. All materials posted on Unofficial bulletin boards shall bear the date of posting, and will be removed by the person who posted the item or by a supervisor when no longer relevant, and in any event 30 days after posting. Any union material removed from the bulletin board by a supervisor shall be returned to a union officer or steward. Non-supervisory employees may not remove materials posted by others. General Provisions Material posted on bulletin boards shall be appropriate, in good taste, and noninflammatory. The enforcement of this policy is the responsibility of all supervisors. No employee shall alter or deface any material placed on an Official or Unofficial bulletin board. A single physical bulletin board may be divided and labeled as part Official and part Unofficial. 602 - CONFIDENTIALITY It is the policy of Sheboygan County to protect confidential information that is available to County employees to the fullest extent permitted by law and consistent with the County’s needs to use such information in a responsible manner in order to provide governmental services. Revised October 2012 Page 39 Confidential Information. Confidential information governed by this policy includes the following: 1. Any information that is Individually Identifiable Health Information as defined by regulations promulgated under the Health Insurance Portability and Accountability Act. Such information generally includes information which relates to the physical or mental health or condition of an individual, the provision of health care to an individual, or the payment of provision of health care to an individual, if the information either identifies the individual or provides a reasonable basis to believe that it can be used to identify the individual. 2. Any information that has been collected about an individual, or which relates to the provision of services to an individual, under circumstances in which the individual could be expected to have a reasonable privacy interest in the information. 3. Information that includes the home address, home email address, home telephone number, or social security number of an employee; information relating to an investigation into possible misconduct or a possible criminal offense committed by an employee; information pertaining to an employee’s employment examination; and information relating to employee performance evaluations. 4. Any information that is treated as confidential by policy or usage of a County department, or under the Code of Ethics found in Chapter 1 of the Sheboygan County Code of Ordinances. 5. Any other information that should be treated as confidential as a matter of law. Source. This policy applies to all confidential information to which an employee may have gained access through any means, including computer or other electronic transmission, telephone, verbal conversations, and written documents, as a result of or by reason of the employee’s County position or activities. Minimum Necessary Disclosure. An employee shall not disclose confidential information to any other person without a legitimate governmental purpose for doing so. When using or disclosing confidential information, an employee shall make reasonable efforts to limit the disclosure of confidential information to the minimum necessary to accomplish the intended purpose. Code of Ethics Compliance. An employee shall not disclose confidential information if the same disclosure would, if made by an elected official, violate the Code of Ethics found in Chapter 1 of the Sheboygan County Code of Ordinances. Revised October 2012 Page 40 Limitation of Access. Department heads shall affirmatively take reasonable steps to limit access to confidential information to those employees who have a legitimate use for such information. Disclosures Required by Law. An employee shall disclose confidential information if and to the extent that such disclosure is required by an applicable law, including but not limited to the Wisconsin Open Records Law. The County’s corporation counsel shall be consulted prior to disclosure if there is any doubt as to whether a particular disclosure is required by law. 603 - DEMEANOR AND APPEARANCE Demeanor It is the duty of every employee to deal courteously with the public and with coworkers. Favorable impressions created by courteous public relations develop citizen goodwill and support for the employee, the department, and the County as a whole. Everyone expects fair treatment and courtesy when dealing with the County. Accordingly, employees shall be civil and helpful to all. Employees may not display a hostile, angry, or abusive demeanor. Employees are expected to exhibit professional behavior at all times. Appearance The county requires all employees to present a professional image to the public and clients. Accordingly, each employee is required to wear appropriate attire while on duty or conducting business on behalf of the County. While the County imposes no specific county-wide dress code, the County expects employees to use good judgment in maintaining attire, personal hygiene, and personal appearance and adhere to any applicable policy of the employee’s department regarding appearance. Employee attire and personal appearance must be appropriate to the requirements of the job, not jeopardize health and safety standards applicable to their position, and not detract from the public service mission or image of the County. Employee attire and personal appearance may also be governed by Policy 612 on Political Activity. When a question arises regarding the appropriateness of attire and personal appearance in a department, the department head will make the final determination and take whatever action is most appropriate for the situation. In certain departments, uniforms or special types of clothing or attire specific to positions of employment are required as a condition of employment. 604 - FOOD IN THE WORKPLACE Food and beverages consumed in the workplace shall be at the discretion of each Sheboygan County department. All employees are expected to be considerate of Revised October 2012 Page 41 their coworkers and mindful of the public when choosing to eat or drink at their workstations. Strong-smelling foods should be avoided in shared workspaces and in places that are accessed by the public. Consideration must also be given to county property and county records. These items could potentially be damaged from food or drink that is allowed in the workplace. Food or beverages must be kept separated from county equipment and records that might be damaged from spills, crumbs, or drippings of food and beverages. 605 - FRAGRANCES AND SCENTS IN THE WORKPLACE Scented products may cause or exacerbate health problems in certain individuals. County employees are expected to be mindful of this. The use of scented products should be kept to a minimum in the workplace and in County-owned vehicles. Employees who are concerned about scented products should contact their immediate supervisor. Scented products may include perfume, cologne, aftershave, lotions, powders, candles, air fresheners, and other scented items. 606 - GIFTS AND GRATUITIES County employees must comply with the provisions of Chapter 1 of the Sheboygan County Code of Ordinances relating to acceptance of gifts or gratuities as if they were elected officials, with enforcement if there are any violations to be as provided under this Personnel Policy Manual. 607 - HOURS OF WORK Work Schedules. In order to meet the operational needs of the department, assigning employee work schedules is at the discretion of the department heads. It is the departments’ responsibility to notify employees of their work schedules. Staffing needs and operational demands may necessitate variations in start and end times, and days worked. Total hours scheduled each day and/or week may vary. Changes in Regular Work Schedule. When employees working regularly established schedules are subject to a schedule change, employees shall receive at least two weeks’ advance notice. Temporary Changes to Address Department Needs. In the interest of efficient departmental operations, the department head has the discretion to make temporary changes to employees’ work schedules including provisions for flextime. Revised October 2012 Page 42 Temporary Changes by Mutual Agreement. By mutual agreement of all affected employees and their supervisors, employees may make temporary changes in work schedules and/or shifts. 608 - MEAL ALLOWANCE / EXPENSE REIMBURSEMENT Sheboygan County recognizes travel is a necessary part of performing County’s business. Reimbursement for meal and travel expenses will determined in accordance with Sheboygan County Ordinance, Chapter 45. addition, this policy outlines specific criteria and procedures not covered in Ordinance. Where this policy conflicts, Chapter 45 shall govern. the be In the Meals Chapter 45 designates whether a meal is eligible for reimbursement. The Internal Revenue Service regulations designate which meals are taxable. Only meals consumed outside the County are reimbursable. Additionally, one of the following criteria must be met: meals consumed in conjunction with a business meeting including a third party or non-County employee in which business is conducted; or meals at conferences/conventions/seminars that are not included in the registration fee; or meals consumed while transporting County inmates or evidence; or meals consumed while traveling to and from authorized training/conventions/conferences, or similar events; or meals consumed while traveling to and from authorized business meetings. Travel - General Reimbursement is generally limited to the most reasonable cost-effective transportation available. Employees are encouraged and may be required to use a County vehicle when available and/or car pool as much as possible. See Chapter 45 for limit on mileage if airfare is cheaper. Because of potential liability, in advance of departure, all County business travel shall be authorized and approved by the supervisor. The department head and supervisor are responsible for ensuring the travel is appropriate and necessary to the mission and objectives of the department. Personal Vehicle Mileage Reimbursement Employees shall receive mileage reimbursement at the per mile rate provided under Chapter 45 for all authorized travel in their personal vehicle. Mileage from your home to your work site within the County is not reimbursable under this policy. Mileage reimbursement for authorized, work-related business shall be limited to the lesser of: Revised October 2012 Page 43 your permanent work site to the travel destination; or your home to the travel destination (if you are leaving from home); and the travel destination to your permanent work site; or the travel destination to your home (if you are going directly home). Air Travel Reimbursement for commercial air travel shall be limited to the least costly direct coach fare that uses a regularly scheduled commercial carrier and that prohibits preference for any airline and type of aircraft. The additional cost of premium (first class or business class) travel is not reimbursable. When airfare can be significantly reduced by adding additional days to a trip (i.e. staying over a weekend or flying on a particular day), the County will pay the additional expenses including lodging and meals for the minimum number of additional days needed to produce the savings, with the additional expense not to exceed the expected savings. Registration Fees When provided proper notice, the County will pay approved registration fees in advance. If request for payment is not made timely, the employee shall pay the registration fees and submit a reimbursement request for repayment. Registration fees are reimbursable if: evidence of payment, along with applicable page from the brochure, application, or registration form is provided. documentation includes actual dates, location, title of the conference/seminar /training/convention and the amount of the fee. When available, a breakdown of specific costs, such as meals, included in the fee should be provided. Expenses for non-business related activities, such as sightseeing tours, are not reimbursable. Expenses for these non-business related activities that are included as a specific charge in the registration fee are not reimbursable unless specifically authorized by Chapter 45 and this policy. Required Documentation Unless specified elsewhere, all travel expenses shall be reimbursed to the employee by the County through completion of the Sheboygan County Detail of Expenses spreadsheet form. Receipts for all expenses incurred must accompany all claims for reimbursement. This form must be signed by the employee affirming the accuracy of the claim and by the department head. The department head is responsible for the validity of all claims signed. The County Administrator must approve claims for reimbursement of expenses incurred by the department head. The Finance Department will process all reimbursements. Revised October 2012 Page 44 Expenses Not Reimbursable An employee shall not seek reimbursement for goods or services provided free of charge, not personally paid for by the employee, reimbursed by another source, or which will be paid or reimbursed from another source. Any reimbursement received by the employee from another source for the same costs reimbursed by Sheboygan County shall be deposited back to the County funding source, which was initially charged. The following is a list of expenses that is not reimbursable. This list is not an exhaustive list; there may be other expenses which are not reimbursable if not specifically specified as reimbursable expenses elsewhere in this policy. Snacks Spouse, family member, or any other accompanying individual’s travel expenses Lost or stolen cash or personal property, Personal items and services, such as toiletries, luggage, clothes, haircuts, shoe shines Traffic citations, parking tickets, and other fines, except as required by law Locksmith charges Cost of side trips or circuitous trips for personal reasons Repairs, towing service, lubrication, or maintenance for personal vehicles Pay for view movies in hotel/motel rooms Personal entertainment Additional charges for late checkout or failure to cancel guaranteed reservations Trip/flight insurance Extra baggage charges for personal items such as golf clubs or skis Airline, car, hotel, or corporate card club membership dues Childcare costs Kennel fees 609 - MEAL AND REST BREAKS FOR NON-EXEMPT EMPLOYEES Employees are afforded two 10-minute or one 20-minute paid rest breaks in a scheduled day of six or more hours. Departments have the right to schedule employee breaks to minimize a disruption in the workday. Employees may not use their rest breaks to extend lunch breaks without first receiving prior approval from their supervisor. A lunch break may be afforded to employees scheduled to work six or more hours in a workday. Lunch breaks range in duration from 30 to 90 minutes. Department heads and supervisors have the authority to schedule and manage lunch breaks. To reduce any disruption in departmental operations, breaks may vary in time and duration. During orientation, departments will discuss break schedules. When practicable, department heads and supervisors shall notify staff in advance of making changes to employee break schedules. Revised October 2012 Page 45 Employees who are scheduled a paid lunch break may not leave the department premises. This policy does not apply to sworn law enforcement officers unless otherwise determined by the sheriff or the sheriff’s designee. Employees who are provided an unpaid lunch break may leave the premises, and shall not perform any duties of their job while off the clock. Accumulating or combining unused lunch and/or rest breaks to shorten a workday is not permitted. Working through the lunch period to accommodate personal needs or in response to peak workload requirements is permitted on an occasional basis, provided that prior supervisory approval is obtained and such time worked is offset with an applicable amount of time off. Employees are not permitted to take “smoke breaks” in addition to lunch and rest breaks. 610 – NEPOTISM The County is committed to hiring the best-qualified individuals for all vacancies. However, when employees are closely related some restrictions apply. Regular employees may not have a direct or indirect supervisor/subordinate relationship between “closely related persons.” A supervisor/subordinate relationship exists when a closely related person has any supervisory authority or authority over the terms and conditions of employment of another person. A Casual, Student, or Limited-Term Employee may not be directly supervised by a closely related person. The definition of a “closely related person” includes a spouse, children, stepchildren, parent, stepparent, sibling, stepsibling, sister-in-law, brother-in-law, grandparent, grandchildren, aunt, uncle, niece, or nephew, of the employee or of the employee’s spouse. Occasionally a supervisor/subordinate relationship is created between “closely related persons” between existing employees because of marriage or adoption. If the affected employees are unable to reach an agreement as to who will step down, or neither qualifies for a transfer to another position, the County requires employees with less tenure to resign from County employment. This policy becomes effective upon publication. The County shall grandparent employees already working under these circumstances. In any situation where this policy would be to the detriment of the public interest, the Human Resources Committee has the authority to grant a waiver. 611 - OUTSIDE EMPLOYMENT County employees may engage in outside employment provided they meet all responsibilities, obligations, scheduling demands and work performance requirements existing or as may be modified and pertinent to their position of Revised October 2012 Page 46 employment with the County. Employees shall take into consideration the impact outside employment may have on their health and physical endurance. When outside employment interferes with employees’ abilities to meet the expectations of their position with the County, they will be requested to terminate or reduce their hours of work with their secondary employer if they wish to remain employed with the County. When outside employment is considered necessary or desirable, the County prefers outside employment be in a field unrelated to the employees’ work regularly performed for the County. The sole intent of this policy is to protect County employees from being subject to criticism from constituents and to ensure compliance with Sheboygan County Ordinance, Chapter 1. Outside employment that subjects the County to adverse publicity is discouraged. Employees choosing to engage in outside employment must exercise good judgment when seeking outside employment. In addition, the County prohibits employees from using any County facilities, electronic communication equipment and supplies to perform any activity related to their outside employment. Conducting activities related to outside employment during working hours is prohibited. By doing so, the employee shall be subjected to disciplinary action up to and including termination. 612 - POLITICAL ACTIVITY The County recognizes and respects employees’ individual rights to become engaged in the political process. However, the public has the right to expect that County government, being financed by all taxpayers, does not project the appearance of support or favoritism to one side or another in any political campaign or issue. Therefore, employee support for any political candidates, organizations, or causes must be separated from the workplace. Employees therefore may not: 1. Use County resources, including but not limited to County communications devices or systems, vehicles, facilities, office space, bulletin boards, break rooms, or any other resources, to solicit contributions or signatures or services for political purposes, to make political contributions, to circulate campaign literature or advertising, or to otherwise facilitate political or campaign activities; 2. While on work time, solicit campaign contributions or signatures for political purposes or otherwise engage in political campaign activities; 3. At any time solicit contributions, signatures, or services for political purposes from, or otherwise engage in political campaign activities with respect to, any other County employee who is on work time; or Revised October 2012 Page 47 4. Use any County mailing address or email address in connection with any political solicitation. Employees choosing to seek public office are bound by the foregoing rules and shall not conduct any activity in direct or indirect furtherance of their candidacy during their work hours. Employees are discouraged from wearing political paraphernalia while on work time or from placing signs or expressions of political belief at their workstations, inasmuch as such tokens may be seen by the public as being inconsistent with the concept of the County’s political neutrality or may be a distraction from the orderly operations of the department. Employee attire and personal appearance must be appropriate to the requirements of the job, not jeopardize health and safety standards applicable to their position, and not detract from the public service mission or image of the County. There may be circumstances in which during the course of employment certain employees may be called upon to make official statements or otherwise comment on political matters as a County employee. In such circumstances, employees are acting as representatives of County government, rather than as private citizens entitled to First Amendment protections, and thus may be held responsible by their supervisors if they do not speak in the County’s best interests or if they make statements without authorization or outside the scope of their authority. The provisions of the Federal Hatch Act may apply to employees who are principally employed in an activity which is financed in whole or in part by federal loans or grants, and such employees therefore may be prohibited from becoming candidates in partisan elections. Any employee concerned about the applicability of the Hatch Act should consult with corporation counsel or appropriate legal counsel of their choosing. 613 - SOLICITATIONS County employees shall not solicit or encourage the solicitation of funds from any other employee or the public while on duty or on County grounds unless the reason for the solicitation was pre-approved by the County Administrator. The following categories of solicitations do not need approval by the County Administrator: 1. Solicitations for employee recognition such as retirements, birthdays, or anniversaries, if approved by a department head; and 2. Solicitations posted by an employee on an “Unofficial” bulletin board. All donations made by employees shall be completely voluntary in nature, made through the employee’s personal choice reached without any outside pressure being brought to bear on the employee. Revised October 2012 Page 48 614 - USE OF COUNTY EQUIPMENT County equipment, materials, vehicles, and other resources assigned to an employee shall be used with care and economy and shall be used only for County purposes, unless other use is authorized by County policy. Waste or misuse of County resources may result in disciplinary action. Employees must follow all applicable safety policies, laws, regulations, and manufacturer’s instructions when using any County or personal equipment on the job. Employees who use County-owned vehicles must comply with their department’s vehicle use policy as promulgated under Chapter 58 of the Sheboygan County Code of Ordinances. Revised October 2012 Page 49 700 TIME AWAY FROM WORK 701 - ADMINISTRATIVE LEAVE A department head or the County Administrator may place an employee on administrative leave when allowing the employee to continue working would be contrary to the interests of the public or the County. An administrative leave should be documented in writing, which will specify terms applicable to the leave. The Human Resources Department will be notified immediately when an employee is placed on administrative leave. Administrative leave is not disciplinary in nature and does not affect the employee’s pay or benefits. 702 - ATTENDANCE AND ABSENTEEISM All of our employees are important members of the Sheboygan County Government team. We are committed to providing the highest level of government services and functions to better serve the community. In order to accomplish this, employees’ prompt and regular attendance is required. Notifications. In case of an illness or injury that would prevent the employee from reporting to work at their regularly scheduled time, the employee is required to notify his or her supervisor in the manner directed by the department head. A minimum of one (1) hour’s notice is expected for most employees, and a minimum of two (2) hours’ notice for those in a relief required position or if directed by the department head. The employee is expected to call personally, if possible. Absence Without Notification. Any absence from work without notification (no-call, no-show) shall be subject to disciplinary action and normally treated as a double step for progressive discipline. Employees who are absent from work for three (3) consecutive workdays without notification will have voluntarily resigned. No representative of the County has the authority to enter into a contrary agreement unless the department head, after prior consultation with the Human Resources Director, determines there was sufficient justification for the absence. Absenteeism. An occurrence of absence consists of any period of absence (regardless of whether the absence is covered by paid sick leave or medical documentation) of up to five working days, uninterrupted by any period of work, which is not protected by federal or state family medical leave laws. An occurrence of absenteeism is an occurrence of absence for which either of the following is true: 1. The absence is not fully covered by proper use of a sick pay benefit available to the employee; or Revised October 2012 Page 50 2. The employee has had two or more previous occurrences of absence which fall in whole or in part within the 90 calendar days preceding the current period of absence. Each occurrence of absenteeism as defined above is subject to corrective action or discipline. Medical Statement. Any absence of more than three (3) consecutive work days due to illness or other medical condition will require the employee to provide a statement from a health care provider to justify the granting of sick pay and to allow the employee to return to work. A statement from a health care provider will not prevent a period of absence from becoming an “occurrence of absenteeism” as defined above, however. Tardiness. Excessive tardiness may result in corrective action or discipline. Departments are encouraged to develop their own standards to define excessive tardiness. Leaving Early. An employee’s request to leave work early may be considered by the supervisor. Approval or disapproval of such requests should be based on the urgency of the reason for absence and department staffing needs. As a general guide, early leaving should not exceed one instance per month or five instances in a calendar year. Abuse of Sick Leave. Any use of sick pay or sick leave for an improper purpose is considered abuse and may result in corrective action or discipline. Sick leave abuse includes, but is not limited to: 1. Taking sick leave and then, during the period of sick leave, engaging in other activity inconsistent with a need for time off of work. 2. Development of “pattern of use”, which includes: a. b. c. Repeated use of sick leave on days directly preceding or following weekends or scheduled days off; Taking sick leave on the same day of the week or the same date each month; or Extension of holidays or vacation by using sick leave. Management reserves the right to investigate any potential abuse of sick leave through any means necessary, including home visits. 703 - BEREAVEMENT LEAVE An employee will be excused from work for up to three working days in the event of death of any of the following: spouse, children, stepchildren, son-in-law, daughter-in-law, parent, stepparent, sibling, stepsibling, sister-in-law, brother-in- Revised October 2012 Page 51 law, grandparent, grandchildren, aunt, uncle, niece, or nephew, of the employee or of the employee’s spouse. The employee’s department head may grant additional bereavement leave beyond the three days if needed. Bereavement leave will be unpaid unless the employee chooses to use available benefit time or is covered by the Income Protection Program. 704 - FAMILY & MEDICAL LEAVE (FMLA) The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 work weeks of protected leave each year for specified family and medical reasons. The FMLA seeks to accomplish these purposes in a manner that accommodates the legitimate interests of employers and minimizes the potential for employment discrimination. The intent of this policy is to comply with both the Wisconsin and Federal Family and Medical Leave Acts. Should this policy conflict in any way with the applicable federal and state statutes or regulations, the statutes or regulations shall control. Eligibility. Employees are eligible for Wisconsin FMLA benefits if they: Have been employed by Sheboygan County for 52 consecutive weeks; and Have been paid for at least 1000 hours in the previous 52-week period. Employees are eligible for federal FMLA benefits if they: Have been employed by Sheboygan County for at least 12 months (not necessarily consecutive); and Have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave. Leave Allowed. Employees eligible for Wisconsin FMLA may be entitled to: 1. Up to 6 weeks of family leave for the birth or adoption of a child. This leave must commence within 16 weeks of the birth or adoption of a child. 2. Up to 2 weeks of family leave to care for a child, legal ward, spouse, or parent (including parent-in-laws) suffering from a serious health condition. 3. Up to 2 weeks of medical leave for an employee to care for his/her own serious health condition that renders him/her unable to perform the essential functions of the job. Revised October 2012 Page 52 Employees eligible for Federal FMLA may be entitled to: 1. Family leave for the birth of an employee’s child or because of the placement of a child with the employee for adoption or foster care. 2. Family leave to care for a child, legal ward, spouse, or parent suffering from a serious health condition (parent-in-laws not included). 3. Medical leave for an employee to care for their own serious health condition that renders them unable to perform the essential functions of the job. 4. Exigency leave due to a spouse, child or parent who is on active military duty, or has been notified of an impending call to active duty status, in support of a contingency operation. Federal Military FMLA Leave. Employees eligible for Federal FMLA may also be entitled to a total of 26 weeks of leave in a single 12-month period to care for a spouse, son, daughter, parent or next of kin who is a covered service member recovering from a serious illness or injury sustained in the line of duty. Twelve weeks of family leave can be utilized by an employee whose spouse, child, or parent has been called to exigent active duty to make arrangements for child care, make financial and legal arrangements, attend counseling, attend official ceremonies or programs where the military requests participation of the family member, to attend to farewell or arrival arrangements, or to attend to affairs caused by the missing status or death of a service member. Eligible employees may take up to a total of 26 work weeks of FMLA leave in a calendar year to care for a spouse, child, parent, or next of kin who is a member of the Armed Forces who suffered an injury or illness while on active duty that renders the person unable to perform the duties of the member’s office, grade, rank, or rating. Calendar Year. Both State and Federal Family and Medical Leave entitlement will be counted based on a calendar year (January 1 through December 31). Relationship Between Wisconsin FMLA, Federal FMLA, and Workers’ Compensation. Leave qualifying for both Wisconsin and Federal FMLA leave count against an employee’s entitlement under both laws and will run concurrently. Qualified leave taken under Worker’s Compensation will also run concurrently with Wisconsin and Federal FMLA leave. If the Worker’s Compensation injury extends beyond the 12 weeks entitlement for FMLA, the employee shall be Revised October 2012 Page 53 eligible for compensation provided under State Statute Chapter 108 or as applicable under the labor agreement. Husband & Wife. If a husband and wife both work for the County and each wishes to take a leave for the birth, adoption, or placement of a child, or to care for a parent or child with a serious health condition, the husband and wife, combined, may only take a total of twelve (12) weeks of leave. Non-continuous or Intermittent Leave. Employees are permitted to take leave on an intermittent (blocks of time) or reduced work schedule: When it is medically necessary to care for a family member with a serious health condition or because of the employee’s serious health condition; When it is necessary to care for a family member or next of kin who suffered an injury or illness while on active duty; To care for a newborn, adopted or foster child. Federal FMLA leave for the birthday or placement of a child for adoption or foster care may not be taken in non-continuous increments unless approved by the County. Under the Wisconsin FMLA, the last increment of leave for the birth or adoption of a child must begin within 16 weeks of that birth or placement. Medical or family caretaking leave should be planned so as not to unduly disrupt the County’s operations. The County allows for intermittent leave to be taken in no less than one-hour increments 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 (12) weeks in a twelve (12) month period. When requesting an intermittent leave or reduced work schedule, the County AND employee must mutually agree to the schedule before the leave begins. If this is not possible, the employee must prove the use of the leave is medically necessary. Designation by Employer. Any absence for a purpose covered by the FMLA should be the subject of a request for FMLA leave. The County designates any eligible absences as FMLA leave, and it is the employee’s obligation to provide information so that the County may make that designation accurately. If an employee takes paid sick leave for a condition that progresses into a serious health condition, the County may designate all or some portion of the related leave as taken under this policy to the extent that the earlier leave meets the necessary qualifications. Revised October 2012 Page 54 Requesting a Leave An employee requesting leave under this policy must complete a Family and Medical Leave of Absence Request Form and forward it to the Human Resources Department. The employee must request the leave at least 30 days in advance. If it is not possible to give 30 day notice, the employee must give as much notice as practicable. An employee undergoing planned medical treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to the County’s operations. If an employee fails to provide 30 day notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least 30 days from the date the County receives the notice. While on leave, employees are required to report periodically to their supervisor regarding the status of the medical condition and their intent to return to work. Certification of the Serious Health Condition If the requested leave is for a family member’s or the employee’s serious health condition, the employee must submit a medical certification from the employee’s or the family member’s health care provider. The employee must respond to this requirement within fifteen (15) days or provide a reasonable explanation for the delay. The County also reserves the right, once the leave begins, to ask for the health provider physician to provide recertification periodically regarding the employee’s status and intent to return to work. If the employee plans to take intermittent leave or work a reduced work schedule, the certification must also include dates and the duration of treatment and a statement of medical necessity for taking an intermittent leave or work a reduced schedule. The County has the right to ask for a second opinion if it has reason to question the certification. The County will pay for the employee to get a certification from a second physician, which the County will select. If necessary to resolve a conflict between the original physician and second opinion, the County will require the opinion of a third physician. The County and employee will jointly select the physician and the County will pay for the opinion. This third opinion will be considered as binding and final. Use of Paid or Unpaid Leave An employee may use any accrued, but unused, vacation or sick pay while on Wisconsin or federal FMLA leave. For any Wisconsin FMLA leave, the use of vacation or sick pay benefits during the leave will be at the employee’s option. For federal FMLA leave which is not Wisconsin FMLA leave (generally, leave based on a serious health condition after the first two weeks of leave, or leave for the birth or adoption of a child after the Revised October 2012 Page 55 first six weeks of leave), the County will require the substitution of accrued sick pay, vacation time, holiday time, and/or compensatory time. Employment Status and Benefits during the Leave While the employee is on leave, the County will maintain group health and dental insurance coverage under the conditions that applied before the leave began. If, prior to the leave, the employee is required to participate in the premium payments, the employee is required to continue with their share of the premiums. While on paid leave, benefit deductions will continue through payroll deductions. While on an unpaid leave, the employee is responsible for the payment of benefit premiums when required. If payments do not continue, the County will discontinue these benefits during the leave. The County’s obligation to maintain health and dental benefits will stop if and when an employee informs the County of an intent not to return to work at the end of the leave period, if the employee fails to return to work when leave entitlement is used up, or if the employee fails to make any required payment while on leave. If the employee does not return to work after the leave entitlement has been exhausted, the County has the right to recover the health and dental insurance premiums from them that the County paid during a period of unpaid leave. The employee will continue to accrue benefits if paid leave is substituted. Employment Status after the Leave An employee who takes leave under this policy will be able to return to the same job or to a job with equivalent status, pay, benefits, and other employment terms. The position will be the same or one that entails substantially equivalent skill, effort, responsibility, and authority (provided the employee is physically capable of performing the job). Return to Work An employee returning from FMLA for their own serious health condition must provide a fitness for duty certification/physician’s statement releasing the employee back to full or restricted duty. If returning to restricted duty, the return to work slip should indicate the limitations and suggested accommodations, as well as the duration of the restrictions. Definitions: Child –Biological, adopted, or foster child, stepchild, legal ward or, under the Federal FMLA, the child of a person having day-to-day care of the child, or a child of a person standing “in loco parentis”, who is under 18 years of age or 18 years of age and older and incapable of self-care because of a serious health condition. Spouse – Husband and wife (does not include unmarried partners). Revised October 2012 Page 56 Immediate Family Member – The employee’s child, spouse, or parent (does not include brothers or sisters, and, under Federal law, does not include parents-inlaw). Covered Service Member - A member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient treatment status, or is otherwise on the temporary disability retired list, for a serious injury or illness. Next of Kin – Used with respect to an individual, means the nearest blood relative of that individual. Parent – Biological parent, foster parent, adoptive parent, stepparent or legal guardian of an employee, or parent-in-law under the Wisconsin FMLA. Incapable of Self-Care - The individual requires assistance or supervision to provide self-care in three or more of the activities of daily living (i.e. grooming, hygiene, bathing, dressing, eating) or instrumental activities of daily living (i.e. cooking, cleaning, shopping, utilizing public transportation, paying bills, maintaining a residence, using telephones and directories, and using a post office). Serious Health Condition – An illness, injury, impairment, or physical or mental condition that involves: 1. Inpatient care in a hospital, hospice, or residential medical care facility; or 2. A period of incapacity of more than three (3) consecutive calendar days including any subsequent treatment or period of incapacity relating to the same condition that involves treatment two (2) or more times by or under the orders of a health care provider or treatment by a health care provider on at least one occasion that results in a regimen or continuing treatment under the supervision of a health care provider; 3. Any period of incapacity due to pregnancy or prenatal care; 4. Chronic conditions requiring periodic treatment by or under the supervision of a health care provider that continues over an extended period and may cause an episodic rather than a continuing period of incapacity (i.e. asthma, diabetes, epilepsy, etc.). 5. Permanent or long-term conditions requiring supervision for which treatment may not be effective (i.e. Alzheimer’s, severe stroke, or the terminal stages of a disease); Revised October 2012 Page 57 6. Multiple treatments by or under the supervision of a health care provider either for restorative surgery after an accident or other injury or for a condition that would likely result in a period of incapacity of more than three (3) calendar days in the absence of medical intervention or treatment such as cancer (chemotherapy), severe arthritis (physical therapy), or kidney disease (dialysis). Week – For purposes of partial absence, leave means five (5) workdays of leave. Each work day or work week in which an employee works fewer than the regularly scheduled hours for that employee by using partial or intermittent leave, the specific amount taken will be deducted for purposed of computing leave taken and leave remaining. In loco parentis – Having day-to-day responsibilities to care for a child with whom one has no biological or legal relationship. Calendar year – Refers to the months of January through December. 705 - GENERAL LEAVES OF ABSENCE An employee who wishes to take an unpaid leave of absence from County employment, and who is not eligible for FMLA or other specified types of leave provided by these policies, may apply for a general leave of absence. A general leave of absence may be sought for medical or family reasons if the employee is not eligible for FMLA or has exhausted his or her entitlement to FMLA leave. A general leave of absence may also be sought for non-medical reasons. If the general leave is sought for medical reasons, the employee must first exhaust any sick pay or Income Protection Program benefits, which would be available to the employee based on the reason for the requested leave. A request for general leave must be made in writing at least thirty days before the start of the leave, unless circumstances make this period impracticable, in which case the request should be made as soon as possible after the need for the leave becomes apparent. Requests for general leave for non-medical reasons should be submitted to the employee’s department head. Before granting any general leave of over thirty days, the department head must first consult with the Human Resources Director or designee. Requests for general leave for medical reasons should be submitted to the Human Resources Department, and should include appropriate medical documentation, such as a certification of health provider form as used for FMLA leaves. Any general leave that exceeds thirty days shall adjust the employee’s benefit time earned and it will be the employee’s responsibility to make full premium payments for health or dental coverage if the employee wishes coverage to remain in effect while on leave. Revised October 2012 Page 58 No general leave which results in an absence from work by the employee for more than six consecutive months, including paid leaves and FMLA leaves, may be granted without approval of the Human Resources Committee. Time off work will be considered consecutive if the employee is not actively at work at full duty for a two-week period. The request to the Human Resources Committee must include a recommendation from the department head, which addresses work coverage plans and projected costs. General leaves will not be granted for more than twelve months, except as permitted by military leave. 706 - INCLEMENT WEATHER County offices and departments will not be closed to employees during weather emergencies. All County buildings shall be open at normal operating times in order to allow employees to reach their work site. All County employees shall report to work as usual if possible to do so consistent with the requirements of safety, but must also use their own sound personal judgments regarding travel in difficult conditions. Employees who do not report to work will not be paid for the time missed unless the employee elects to use available vacation pay. An employee who misses work due to inclement weather may be permitted to make up some or all of the time missed by working extra hours during the same pay period if such extra work is consistent with the needs of the department and will not result in any overtime pay at time and a half. Department heads may waive the required notification time in a weather emergency. 707 - JURY DUTY Any employee summoned for jury duty shall notify his or her immediate supervisor within two working days of receiving the summons. Any employee who misses work due to jury duty occurring during the employee’s regular work hours shall be paid for the missed work. Missed work due to jury duty will not be counted toward determining eligibility for overtime or compensatory time. The employee shall record jury hours as straight time hours when completing the employee’s time report. The employee shall return juror pay received to the County Treasurer. Pay received for jury duty performed on the employee’s own time and mileage reimbursement need not be returned to the County. Revised October 2012 Page 59 708 - MILITARY LEAVE A leave of absence without pay shall be granted for all employees who are called or volunteer for military service, including training duty, in any branch of the United States military. All employee benefits shall continue to accrue during military leave, if such leave is less than thirty days. Employees drafted or ordered into the military service shall be entitled to return to their former position at their current rate of pay, providing said employee returns to work within ninety days of discharge from military service. An individual returning from initial active training duty is entitled to reemployment if the following conditions have been met: Reservist was called for initial active duty training for at least twelve (12) weeks and was called to active duty for at least ninety (90) days. Reservist applies for reemployment with in thirty-one (31) days after release from active duty for training after satisfactory service or from discharge from hospitalization from military injury provided it is less than one year after scheduled release from duty. Employees granted a leave of absence for participation in training with the army Reserves or National Guard need not apply for reemployment, but must report to work at the beginning of the next scheduled working period unless prevented by circumstances beyond the employee’s control. If the employee does not report to work, he or she may be subject to just progressive discipline, but does not forfeit entitlement to reemployment. Employment Status & Benefits during Military Leave. While the employee is on leave, the County will maintain group health and dental insurance coverage under the conditions that applied before the leave began. If, prior to the leave, the employee is required to participate in the premium payments, the employee is required to continue with their share of the premiums. Other benefit deductions. While on paid leave, benefit deductions will continue through payroll deductions. While on an unpaid leave, the employee is responsible for the payment of benefit premiums when required. If payments do not continue, the County will discontinue these benefits during the leave. The County’s obligation to maintain health and dental benefits will stop if and when an employee informs the County of an intent not to return to work at the end of the leave period, if the employee fails to return to work when leave entitlement is used up, or if the employee fails to make any required payment while on leave. If the employee does not return to work after the leave entitlement has been exhausted, the County has the right to recover the health and dental insurance premiums from them that the County paid during a period of unpaid leave. The employee will continue to accrue benefits if paid leave is substituted. Revised October 2012 Page 60 Employment Status after the Leave. An employee who takes leave under this policy will be able to return to the same job or to a job with equivalent status, pay, benefits, and other employment terms. The position will be the same or one which entails substantially equivalent skill, effort, responsibility, and authority (provided the employee is physically capable of performing the job). 709 - VOTING It is a citizen’s right and responsibility to participate in the elections of your government officials. It is the County’s policy to allow employees time off to vote in general, special, primary, national, state and municipal elections when there is not sufficient time outside of working hours to do so. If employees are unable to vote in an election during their nonworking hours, Sheboygan County will grant up to three consecutive hours of unpaid time off to vote, in compliance with Wis. Stat. § 6.76. Sheboygan County may specify the time during the day that leave can be taken. Employees are to request time off to vote from their supervisor at least two working days prior to Election Day. Advance notice is required so that the necessary time off can be scheduled at the beginning or end of the work shift or at another alternative time; whichever provides the least disruption to the normal work schedule. Employees are not entitled to paid leave. Employees who choose to exercise their right to take time off from work to vote may use accumulated paid benefit time or the absence may be treated as excused without pay. 710 - WITNESS SERVICE Any employee subpoenaed as a witness with the County shall notify their immediate supervisor within a reasonable amount of time after receiving the subpoena. Any employee subpoenaed as a witness as a result of employment with the County shall be paid at the employee’s regular rate of pay. Any employee subpoenaed as a witness in a matter outside of the scope of employment must perform this service on their own time. The employee may use benefit time, if available, for witness service performed outside of the scope of employment. Pay received for witness service performed on the employee’s own time and mileage reimbursement need not be returned to the County. Revised October 2012 Page 61 800 TECHNOLOGY 801 - ELECTRONIC COMMUNICATIONS Sheboygan County provides a variety of technological resources to its employees to improve public service and maximize efficiency. The purpose of this policy is to advise users regarding the use of the County’s information technology resources and the information that is created, transmitted, received, or stored on these resources. Information technology resources include, but are not limited to, desktop and laptop computers, the local and wide area networks, application software, data, electronic mail, Internet access, printers, fax machines, voice mail, cellular phones and telephones. All employees who have access to County information technology resources are required to read and comply with the County’s policy. Failure to do so may result in 1) revocation of access to information technology resources and/or 2) disciplinary action ranging from a reprimand to immediate discharge. General Use Information technology resources are the property of Sheboygan County and should be used for valid County business in an effort to improve public service and efficiency. Use of any of these resources should be treated like use of the telephone. Although occasional and limited personal use is acceptable, particularly in the case of emergencies, employees may not use any County information technology resources in any way that: interferes with an employee’s work performance; denigrates the credibility or reputation of the County; interferes with County contractual relationships; disrupts service to the public; relates to political causes not related to County business; or is intended for personal monetary gain. The County reserves the right to monitor Internet use, email, and other information stored on County computing resources to ensure that public resources are not being wasted or misused and to ensure that the County’s information systems are operating as efficiently as possible. Employees should not expect privacy with respect to information stored on County information technology resources. The County has the right and the ability to access all computer files and mobile devices, including and not limited to email messages, Internet activity, and voice mail files, without prior notification. The County may scan messages for the presence of viruses or to maintain system integrity. Department heads and supervisors may access an employee’s computer files, mobile devices, email messages, Internet activity or voice mail files for any or no reason. Revised October 2012 Page 62 Employees who are terminated, suspended or laid off do not have rights to the contents of their computer files, mobile devices, voice mail messages, or email messages and are not allowed access to the voice mail or email system. Access and Passwords Access is granted to individual users to secure information and maintain accountability. Passwords, codes, and user names are the means by which individual access is granted and security is maintained. The use of passwords and codes to gain access to another person’s files is prohibited. To preserve security, users should: limit computer and network access to properly authorized individuals; verify that any individual doing computer maintenance is authorized to do so; protect passwords and change them every 90 days; when choosing a password, refrain from using names of persons, places or things that are closely identified with the user; refrain from sharing passwords or posting them in public view; change passwords if they become known to others; refrain from using another employee’s sign-on; and sign off or log off when the PC or terminal is not in use. Unauthorized access will be recorded and investigated. Any suspected misuse should be reported to a supervisor. Software A standard suite of software is provided on all County computers to facilitate efficient support and compliance with copyright laws and license agreements. Only licensed and approved Sheboygan County software will be supported. The installation and use of personal software, including screen savers and email backgrounds, on County computers is prohibited unless specifically authorized by the Division of Information Technology. Data Data requires proper management to permit effective decision-making and to conduct business in a timely and effective manner. Electronically stored data and information, including email, is an asset of the County. Sheboygan County employees should strive to protect the integrity, accuracy, and confidentiality of data, as well as protect data from unauthorized access, use or destruction. Users of County information technology resources should follow these data management practices: Refrain from accessing and using data and information in unauthorized ways. Handle confidential, copyrighted and licensed data and information Revised October 2012 Page 63 appropriately. Develop and maintain data according to established county standards. Follow procedures for dissemination of data. Store data on the network whenever possible, and back up PCs not connected to the network. Inform supervised staff of county data policies and proper data practices. Hardware Computers and other electronic hardware are very expensive and should be maintained and preserved. Users of County information technology resources should follow these measures to preserve electronic hardware: Whenever possible, secure rooms in which computer equipment is located. In public or other highly accessible areas, computing resources should be secured to deter and prevent theft. A separate electrical outlet should be used for each computer. Locate computer hardware away from windows. Food and drink should be consumed and stored away from computer hardware. Keep computer hardware free of dust and dirt. Use anti-static sprays, carpets, and mouse pads to minimize static electricity. Disks should be protected by keeping them in a secure container. Users should avoid bumping any computer equipment. Sign-ons will be locked out after three unsuccessful attempts. Email Email is intended to facilitate effective communication. Email correspondence and communication should reflect appropriate workplace conduct and enhance employee performance. Messages stored on the County’s computer network are the property of the County and may be accessed by authorized personnel to monitor workplace efficiency and productivity. Employees do not have a right to privacy with respect to email messages. The Division of Information Technology and department heads may access your email for any purpose. Email messages should not be used for personal gain, partisan political activity, the harassment of others, or any illegal activity. Users should also avoid sending and receiving or opening email that could be construed as scandalous, defamatory, libelous, sexually explicit, obscene, or in violation of intellectual property rights such as copyrights and trademarks. Users may not send email messages with the sender’s identity forged or send email anonymously. Revised October 2012 Page 64 All email should be viewed as being written under a County letterhead. Employees should refrain from discussing topics or conveying opinions that they would not put in written form or share with a wider audience. Keep in mind that public records laws generally apply to electronic transmissions in the same manner as they would to paper correspondence. The County will not add personal email addresses to network distribution lists. It is up to the department to ensure delivery to such recipients. Email Storage and Retention As part of Sheboygan County’s ongoing commitment to ensure full compliance with the state’s public records law, the County implemented a new email archival system on 06/28/2006. All email activity in your county email account from this date forward is being be archived. Items Archived: Inbox (email from both Internet and internally) Items Not Archived: Calendar, Contacts, Drafts, Journal, Notes, Any Personal Folders, Tasks Since this includes ALL messages, please notify your friends and family that any email they send you will be archived and kept for seven (7) years. Please be aware that all information will be archived, which may include that which is sensitive in nature, such as health data, juvenile information, information regarding on-going investigations, etc. if you send or receive email regarding these matters. Deleting messages and “emptying the trash” will not keep these messages from being archived. The County will retain and maintain, in a searchable form, a copy of all emails for at least 7 years. Each communication may be subject to open records analysis and release (if appropriate in accordance with applicable laws), if a request is made which encompasses the communication. Internet Internet access is provided to County employees to use as a resource to perform their jobs more effectively and efficiently. It is important to remember that use of the Internet can be monitored by authorized personnel. Employees represent Sheboygan County and should conduct themselves appropriately. Employees should ask the question, “Does my use of the Internet enable me to perform my duties more effectively and less expensively, or does it provide better service to the taxpayers?” If the answer is no, then the employee’s Internet usage is either unnecessary or inappropriate. The Internet is a powerful communication and research tool, and employees are encouraged to use it to: Revised October 2012 Page 65 disseminate information to the public; improve communications with the public; maintain currency on professional standards, regulations, and training; and conduct research and analysis for work related projects. The Internet should not be used to: access web sites that are not work related; access a web site or location on the Internet where a fee is charged without the explicit consent of an employee’s supervisor or a department head; access or distribute sexually explicit, pornographic or other indecent or obscene material; interfere or disrupt other County network users, services, or equipment, obtain copies of, or modify files that are private, confidential, or not open to public inspection; stream audio or video that is not work related; or violate copyright and trademark laws and regulations. Web Page Maintenance The accuracy and currency of information is critical to the utility of the Sheboygan County Web site because users expect this information to be the most current and reliable information available. Departments should make every effort to maintain the most accurate and reliable information available on the Internet. The Division of Information Technology will provide advice and support to County departments to maintain their Internet information. Telephone Employees are provided access to telephones to ease communication with one another. As with the other forms of information technology resources, occasional and limited personal use is acceptable, particularly in the case of emergencies, but it should not, in any way, affect work performance or service to the public. Employees should not use County telephones to for personal monetary gain. Employees should never make personal long distance phone calls that are charged to the County. Cellular Telephones and other Mobile Devices It is recognized by the County that in some instances it is in the County’s interest to have an employee carry either a cellular telephone or mobile device while both on and off duty, for use in connection with County business. It is also recognized by the County that such an employee may wish to carry a cellular telephone or other device for personal uses, and may be reluctant to carry two such devices Revised October 2012 Page 66 while off duty. It is therefore in the County’s best interests to allow, in a proper case, an employee to combine business uses and personal uses with one Countyowned cell phone or device, with appropriate compensation by the employee to the County for any expense resulting from the personal uses. Any employee using a County cellular telephone or other mobile device capable of voice or data transmission must sign a Cellular Telephone Usage Agreement, which must also be approved by the employee’s department head, or by the County Administrator. The Cellular Telephone Usage Agreement will specify whether the device will be used strictly for County business or whether any personal use will be allowed. If a Cellular Telephone Usage Agreement provides that the device will be used strictly for County business, then monthly logs of calls and other usage will be provided to the employee’s direct supervisor, so that usage may be monitored and reviewed. An employee who uses a device for personal use while the Agreement covering that device provides only for business use must reimburse the County for any personal use and may also be subjected to disciplinary action. If a Cellular Telephone Usage Agreement provides that the device may be used for some personal uses, then it will also provide a good faith estimate of the percentage of uses which will be personal as opposed to County business. This estimate will be reviewed at least annually and may be revised from time to time as experience warrants. The Agreement will also provide for a payment through payroll deduction by the employee to the County of a portion of the expense associated with the device and its usage, which will be based on the estimate, and will specify the method of calculating the amounts to be paid by the employee. If charges for personal use are incurred for any quarter which are substantially in excess of the good faith estimate (approximately 20% or more), then the employee will reimburse the cost of the excess personal use for that quarter through payroll deduction, and the estimate will be revised for future use. Use of a County telecommunications device remains subject to all of the privacy expectations described elsewhere in this policy, and employees are reminded that data resulting from both personal and County uses of the device, including call records, data transmission records, voice mail, and texts, may all be considered public records subject to possible disclosure, and are all available for review by County management at any time. Nothing in this policy or in the Cellular Telephone Usage Agreements should be construed to permit an employee to conduct any personal business on County time. No use of any County communications device for a for-profit business of any type will be permitted even if personal use is allowed under this policy. Violation of either of these provisions may subject an employee to disciplinary action. This policy provides only for reimbursement to the County for non-County uses of County equipment. No reimbursement will be provided to employees for use Revised October 2012 Page 67 of employee-owned telecommunications equipment for County purposes. An employee who possesses a County-owned cellular telephone or other electronic device will return the device to the person designated by the County before leaving County employment for any reason. Personal Use of Social Media Any creation or use of County-sponsored social media must comply with the Sheboygan County Social Media Policy. If an employee identifies himself or herself as a County employee through use of social media on a personal level, the employee’s profile and any related content should be consistent with how the employee wishes to present himself or herself to colleagues, supervisors, and the public. Employees may not use their Sheboygan County email address for their login to their personal social media profiles, unless approved by the department head and the Information Technology Manager. Employees shall not use Sheboygan County logos, marks, or insignia on personal social media. Revised October 2012 Page 68 900 WORKPLACE HEALTH AND SAFETY 901 - DRUG FREE WORKPLACE Use of Drugs and Alcohol Sheboygan County has a vital interest in maintaining safe, healthy, and productive working conditions for its employees and providing safe quality services to its constituents. Some positions fall within the purview of the Department of Transportation, Law Enforcement, FAA or other state or federal agencies that have different alcohol/drug standards that apply, and which when more stringent than this policy will supersede it. County employees may not: 1. Be under the influence of alcohol or illegal drugs at any time during working hours. 2. Sell, possess, transfer, or purchase illegal drugs at any time. 3. Consume alcohol or illegal drugs on duty, including any paid or unpaid lunch periods or breaks during the normal work day. This provision does not prohibit consumption of alcohol at Countysponsored social events or after normal working hours while at conferences, seminars, or training sessions. 4. Use or be under the influence of alcohol or illegal drugs in any amount when using a County vehicle, whether on or off duty. 5. Report for duty or remain on duty when the employee uses any controlled substance, or any prescription or non-prescription medication, if such use adversely affects the employee’s ability to safely and competently perform his or her job. Employees must report to their supervisors when they take any medication that might affect their senses, motor ability, judgment, reflexes, or otherwise affect their ability to perform their jobs. Reasonable Suspicion Testing Where reasonable suspicion exists that an employee is under the influence of alcohol or drugs, the employee may be required to submit to testing specified by County management. Where reasonable suspicion exists that an employee is in possession of drugs or has been consuming alcohol or illegal drugs during work hours or on county property, the employer reserves the right to conduct such searches as may be authorized by law. Reasonable suspicion must be based on specific observations about the conduct, appearance, speech or body odors of the employee, which observations may be made by a supervisor or reported by co- Revised October 2012 Page 69 workers or other witnesses. Involvement in or causation of an on-the-job accident may constitute a basis for reasonable suspicion. When a supervisor or manager has determined that reasonable suspicion exists, the supervisor or manager will arrange for the transportation of the employee to the designated collection site for testing. After the collection is completed, the supervisor or manager will make transportation arrangements for the employee to leave. Employees to be tested based upon reasonable suspicion will be placed on administrative leave pending receipt of the test result. If an employee refuses the test or fails to cooperate with the procedure, corrective action or discipline will be considered to at least as great an extent as if there had been a test producing a positive result. Conviction An employee convicted of violating a controlled substance statute or ordinance must notify his or her supervisor in writing of such conviction (including a plea of guilty or no contest) within five calendar days of conviction. When required by law, the County will notify federal or state authorities within ten days of receiving such notice from an employee or otherwise receiving notice of such a conviction. Employee Assistance Information regarding alcohol and drug counseling, treatment, and rehabilitation programs is available on a confidential basis to County employees through the County’s Employee Assistance Program (“EAP”). Employees can reach the EAP by clicking on the hyperlink or by calling 1-800-236-3231. The County urges all employees with questions, concerns, or problems related to the use of or the abuse of alcohol, prescription or illicit drugs to take immediate advantage of available programs. 902 - EMERGENCY EVACUATIONS AND SAFETY Emergency Evacuation In order to assist citizens and employees during an emergency all County departments and buildings are required to have current emergency evacuation procedures. Employees must respond to an emergency in accordance with their respective departments’ plans. These plans are a reference guide for dealing with emergencies while addressing evacuation procedures for persons with disabilities. Because it is impossible to anticipate all emergencies, employees are expected to know the location of their departments’ emergency evacuation plan, be familiar with the contents of the plan, and be capable of following the plan. In the event a building requires evacuation, employees shall assist in evacuating everyone from the building. Revised October 2012 Page 70 Common sense is essential in responding to an emergency; life is always more important than property. The safety of individuals takes precedence over securing property. Safety and Accident Prevention Workplace safety is essential. Employees shall report any unsafe practices or conditions to their supervisor immediately. A delay may result in serious injury. The County expects employees to share suggestions for enhancing workplace safety. 903 - EMPLOYEE IDENTIFICATION BADGES Use of Employee Identification Badges contributes to safe County workplaces by reducing the possibility of non-employees accessing personal work spaces, increasing accountability of employees moving throughout the County, and encouraging County employees to verify visitors before allowing them access to office areas. The Human Resources Department issues an Employee Identification Badge to all employees. There is no charge for the initial badge. Employees requiring a new badge because of a name, department, or title change are issued a new Employee Identification Badge at no charge. Other than uniformed or undercover employees of the Sheriff’s Department, employees are required to wear their name badges while on duty. Employees’ badges shall be visible to co-workers and the public; for example, employees may wear their badge on a clip, neck cord, or magnet. Department heads may prescribe the manner in which members of their department display ID badges. Employees failing to wear Identification Badges may be subject to disciplinary action in accordance with County policies and procedures. Employees shall request a replacement badge from the Human Resources Department if the badge is lost or misplaced. The cost of a replacement badge is $5.00. There is no charge to replace a damaged badge. Badges will remain the property of the County at all times, shall not be transferred or given to others, and must be returned immediately to the Human Resources Department if employment is terminated for any reason. The Human Resources Committee has the sole discretion to grant an exception to this policy. 904 - HARASSMENT IN THE WORKPLACE The County is committed to providing a workplace free from all forms of harassment and intimidation. The County will not tolerate any form of harassment, whether it is toward or by an employee, or toward an employee by others. Revised October 2012 Page 71 The most productive and rewarding work environment is one with a spirit of mutual trust and respect. Harassment is offensive; it impairs morale, and undermines integrity and trust, resulting in reduced productivity and efficiency. Harassment on the basis of race, color, creed, ancestry, national origin, age, handicap/disability, sex, record of arrest or conviction record if not substantially related to job duties, marital status, sexual orientation, membership in certain military units, or use or nonuse of lawful products away from work is expressly prohibited under this policy. Harassment on any of these bases is illegal under state law and, in some cases, under federal law. Harassment is a form of discrimination. It includes unwelcome conduct, whether verbal, non-verbal, or physical, if the unwelcome conduct is based in whole or in part on any of the prohibited factors listed above. Examples of unwelcome conduct include but are not limited to: 1. Conduct that is derogatory or demeaning toward another person; 2. Conduct that has the effect of substantially interfering with another person’s or department’s work performance; and 3. Workplace bullying, which includes any conduct that creates a hostile, intimidating or offensive work environment; verbal abuse; work interference and sabotage; and any other conduct preventing a person from accomplishing required goals. Employees are required to report any form of harassment to their supervisors, to any department head, or to the Human Resources Department. The complaint can be made verbally or in writing and should include specific detail about parties involved, date and time the incident occurred, witnesses, and any other relevant information. The County recognizes that false accusations of harassment can have serious effects on innocent parties and their families. Consequently, knowingly false accusations will result in appropriate action against the complaining party. All allegations of harassment will be investigated in a thorough and timely manner. The investigation will be conducted by members of the Human Resources Department in conjunction with department management staff. Communication with involved employees will occur as necessary, and the subject of the investigation as well as the complaining party will be notified when the investigation is complete. The County will take prompt and effective remedial action to end any prohibited behavior. Misconduct constituting harassment, discrimination, or retaliation will not be tolerated and will be dealt with appropriately. Revised October 2012 Page 72 It is unlawful under state law for an employer to retaliate against employees who file complaints or assist in the investigation of a complaint. Any and all forms of retaliation against a complainant or witness are expressly prohibited by the County. Any employee aware of such retaliation should report it to the Human Resources Department. 905 – SMOKING There shall be no smoking in any building or vehicle owned, leased, or rented by Sheboygan County as provided by Wis. Stats. §101.123 and Sheboygan County Code of Ordinances, Chapter 38.33. Outdoor smoking is permitted for employees of the County. Employees who go outside to smoke are requested to do so discreetly. Individual departments or buildings may designate outdoor smoking areas for employees. 906 - TEMPORARY LIGHT DUTY Employees with work restrictions resulting from injury or illness contracted within the scope of their employment may be offered light duty assignments, if work is available within their restrictions. Under no circumstances will alternate work be provided for a period longer than six months. Employees on a modified light duty assignment will be responsible for having their health care provider approve and re-verify the work restrictions on a minimum of a monthly basis. Employees who have work restrictions due to a non-work related injury, illness, or affliction, will generally not be offered light duty assignments. Employees who have restrictions and are able to perform all of the essential functions of their position, as medically documented, may be offered light duty for a limited period of up to six months on a case by case basis. 907 - WEAPONS AND FIREARMS RESTRICTIONS The County recognizes employees have the right to obtain a license to carry and to possess a concealed weapon. In accordance with Wis. Stat. §939.22(10), the County prohibits employees from possessing dangerous weapons during work time while performing assigned duties. Notwithstanding the foregoing prohibition, an employee with a concealed weapon permit is not prohibited from carrying or storing a weapon in his/her personal vehicle, regardless of whether the vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property owned or utilized by the county. Having weapons in County vehicles is prohibited. This regulation does not apply to any employee required to possess firearms necessary to perform the responsibilities of his/her position and authorized by the Sheboygan County Sheriff. Revised October 2012 Page 73 908 - WORKER’S COMPENSATION Providing a safe working environment is important to Sheboygan County. All employees are required to follow the safety procedures. Accidents can occur, however, and when a work related injury or accident occurs, the employee must fill out an incident report and report it immediately to their supervisor. The supervisor will forward the incident reports to Human Resources either directly or through the department’s worker’s compensation designee. Employees who seek medical attention or are absent due to a work related injury are required to furnish a physician’s certificate before returning to work. Wis. Stats. § 102.43 provides that worker’s compensation benefits are not paid for the first three days of work missed due to a work-related injury or illness unless the employee is off for over seven days, in which event the first three days are then paid. Those employees who are off for more than seven days must continue to advise their supervisor of medical appointments and updated status immediately following all appointments. 909 - WORKPLACE VIOLENCE The County does not tolerate acts of workplace violence committed by or against employees, visitors, or service recipients; and strictly prohibits employees from making threats, possession, use, or threat of use of any dangerous weapon (as defined in Wis. Stats. § 939.22(10)) in the workplace, or engaging in violent acts. The County will consider discipline or termination of any employee found to have violated this policy. Workplace violence does not include the use of reasonable force in the defense of oneself or others. Employees who are seeking or have obtained restraining orders or injunctions against abusive persons should notify their supervisor so that appropriate measures can be taken. When an injunction or restraining order lists County facilities as being protected areas, employees must provide their supervisor with a copy of any injunction or restraining order which is granted, and a copy of any injunction or restraining order which is made permanent. Reporting All employees shall notify their supervisor whenever they have witnessed, experienced, or become aware of any act or threat of workplace violence. As an alternative means of reporting acts or threats of violence, an employee may report such incidents of workplace violence to their Department Head, to a supervisory employee in any other County department (including the Sheriff’s Department), to the County Administrator, or to the Human Resources Department. Supervisors receiving employee reports of workplace violence, or who have knowledge of a situation which may affect the security of Sheboygan County and its assets, shall report such information to their Department Head. The Department Head shall immediately inform the County Administrator. Revised October 2012 Page 74 Investigation of Reports The County Administrator will receive, evaluate, intervene, respond and document any action taken to reports of workplace violence with the assistance of the appropriate parties. Privacy rights will be observed in the investigation of workplace violence incidents. Only those individuals with a clear need to know of the potential risk will be notified in cases where a person is, or is perceived to be, a threat to others. Anonymity of employees reporting violence or threats of violence will be maintained during the investigation to the greatest extent possible by those investigating and resolving the complaint. However, there is no right to or guarantee of anonymity since it is often necessary to make the employee or other person against whom the allegation has been made aware of the complaint in order to ascertain the facts. Revised October 2012 Page 75