Chapter 1.20 COUNTY EMPLOYEE HANDBOOK

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

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

All figures and amounts denoted with “*” represent figures that are accurate for January 2011 and may not be accurate later, but are included to be indicative of what may be available. This includes, but is not limited to, amounts for per diem rates, insurance premiums and other benefit amounts.

(b) Handbook Acknowledgement Forms. All new employees must receive a copy of the Chelan County Employee Handbook and sign a handbook acknowledgement form. The handbook acknowledgement form must be turned in to the commissioners’ office within two weeks of beginning employment with the county or before payroll is due in the auditor’s office at the end of the first month of employment, whichever comes first.

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

Article I. Introduction

1.20.020 Introduction.

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

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

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

1.20.030 Contract information.

Unionized employees of Chelan County are represented by the collective bargaining agreement arrived at during their respective collective bargaining processes. The following information is meant to be a guide to Chelan County employees, a source of information regarding state and federal laws, and an explanation of benefits, salaries and other compensation. Should there be a disagreement between the handbook and the union contract, the contract should be followed as the guiding document.

Contact your union representative to obtain a copy of your contract. (Res. 2011-31 (§ 1.1), 4/11/11: Res. 2010-01 (§ 1.1), 1/4/10: Res. 2009-12 (§ 1.1), 1/26/09: Res. 2007-171 (§ 1.1), 12/17/07: Res. 2006-37 (§ 1.A) (part), 3/27/06).

1.20.050 Orientation.

Each employee must personally report to the auditor’s office before they start work. Departments should submit all new hire paperwork including benefit and deduction paperwork to the auditor’s office within two business days of the new employee starting work. Until this is in the auditor’s office, employee information cannot be put into the financial system, and activity cannot be entered.

Orientation of new employees is the responsibility of the department into which they have been hired. An informational session conducted between a new employee and a supervisor, or senior employee, should include but not be limited to coverage of departmental policies and procedures, job duties, dress code, attendance and work schedule requirements for the department. New employees will receive a benefits packet from the benefits coordinator and can contact her/him later if questions remain after talking to the department payroll clerk.

The benefits packet will include information on medical, dental and life insurance, deferred compensation, additional voluntary insurance, and retirement information. Enrollment forms will be included for all benefits programs along with forms for direct deposit of payroll, W-4 and I-9. (Res. 2011-31 (§ 1.2), 4/11/11: Res. 2010-01 (§ 1.2), 1/4/10: Res. 2009-12 (§ 1.2), 1/26/09: Res. 2007-171 (§ 1.2), 12/17/07: Res. 2006-37 (§ 1.1), 3/27/06).

1.20.060 Probationary period.

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

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

There will be no probationary period for intra-departmental transfers, those employees that transfer into another position within the same department. (Res. 2011-31 (§ 1.3), 4/11/11: Res. 2010-01 (§ 1.3), 1/4/10: Res. 2009-12 (§ 1.3), 1/26/09: Res. 2007-171 (§ 1.3), 12/17/07: Res. 2006-37 (§ 1.2), 3/27/06).

1.20.070 Chelan County Code.

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

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

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

(b) Policy.

(1) Two master copies of the county code will be maintained—one with the long range planning division of community development and one with the county commissioners;

(2) The online code as maintained by Code Publishing and residing on the county home page will be the publicly accessible and official copy of the code for all departments and agencies;

(3) Hard copies of the code may be kept by attorneys, sheriff, assessor, public works, natural resources, and others.

Contact community development for the complete Chelan County Code policy. (Res. 2011-31 (§ 1.4), 4/11/11: Res. 2010-01 (§ 1.4), 1/4/10: Res. 2009-12 (§ 1.4), 1/26/09: Res. 2007-171 (§ 1.4), 12/17/07: Res. 2006-37 (§ 1.3), 3/27/06).

1.20.080 Identification cards.

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

1.20.090 Chelan County Courthouse intranet.

The Chelan County Courthouse intranet contains important employment information for county employees. Available at http://ccintranet/index.htm, this site contains the county code, benefit information, an employee directory, a newsletter and the agenda and minutes for the commissioners’ meetings. Forms necessary for payroll changes, personnel information changes and other forms required by the auditor’s office may be found online on the intranet. The intranet also contains county information, safety tips for employees and technical advice. (Res. 2011-31 (§ 1.6), 4/11/11: Res. 2010-01 (§ 1.6), 1/4/10: Res. 2009-12 (§ 1.6), 1/26/09: Res. 2007-171 (§ 1.6), 12/17/07: Res. 2006-37 (§ 1.5), 3/27/06).

1.20.100 Parking.

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

Two or more employees who are commuting together may park in the carpool spots on a first-come, first-served basis. Employee of the month parking is determined on a rotating basis between departments. Employee of the month parking is located next to the carpool parking area.

There are several parking spaces in the parking lot next to the County Administration Building, available to employees on a first-come basis.

In the parking lot next to the Law and Justice Building, employees should not park in any spaces marked “Visitor” or any of the spaces assigned to the North Central Regional Library. Next to the County Administration Building, employees should not park in the spots labeled two-hour parking. These time limits are enforced by the city of Wenatchee. Chelan County will not be responsible for tickets associated with illegal and/or improper parking.

The Chelan County vehicle parking area is located in the parking lot behind the Law and Justice Building. County vehicles should be parked in this designated area.

Parking lot safety information can be found on the county intranet. (Res. 2011-31 (§ 1.7), 4/11/11: Res. 2010-01 (§ 1.7), 1/4/10: Res. 2009-12 (§ 1.7), 1/26/09: Res. 2007-171 (§ 1.7), 12/17/07: Res. 2006-37 (§ 1.6), 3/27/06).

1.20.110 Labor and Industries accident reporting process.

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

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

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

Return the accident report form to the commissioners’ office within two weeks of the injury. The county can be fined if these reports are not filed with the state in this timeframe.

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

1.20.114 Record of minor injury.

Instead of filling out a Labor and Industries self-insurer accident report (SIF-2) for incidents that do not qualify for or necessitate medical attention, employees should fill out a record of minor injury report form. These forms are kept on file in the commissioners’ office and are utilized for reporting purposes with Labor and Industries at the end of the year. Record of minor injury forms can be downloaded off the intranet or a hard copy may be obtained from the commissioners’ office. (Res. 2011-31 (§ 1.9), 4/11/11: Res. 2010-01 (§ 1.9), 1/4/10: Res. 2009-12 (§ 1.9), 1/26/09: Res. 2007-171 (§ 1.9), 12/17/07).

1.20.117 Volunteer time reporting for Labor and Industries tracking.

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

Article II. Employee Conduct

1.20.120 Employee conduct.

Employees of Chelan County are expected to perform their assigned duties in a professional, conscientious and responsible manner. Maintaining a positive relationship between employees and the public, and within the county, is dependent on the professional conduct and behavior of employees. Employees will be held accountable for their actions while acting on behalf, or having the appearance of acting on the behalf, of the county.

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

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

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

1.20.123 Sexual and other unlawful harassment.

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

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

(c) It is the policy of Chelan County to ensure a workplace environment free from harassment or discrimination based on age, sex, marital status, race, religion, creed, color, national origin, sexual orientation, disability or any other legally protected characteristics. All individuals must be sensitive to the feelings of others and must not act in a way that might be considered harassment by someone else. Conduct appearing to be welcome or tolerated by one individual may be very offensive to another. Therefore, Chelan County prohibits any of the forms of harassment described below.

(d) Definitions.

(1) “Sexually based harassment” means unwelcome sexual advances (either verbal or physical), requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when: (A) submission to such conduct is made either explicitly or implicitly a term or condition of employment; (B) submission or rejection of the conduct is used as a basis for making employment decisions; or (C) the conduct has the purpose or effect of interfering with work performance or creating an intimidating, hostile, or offensive work environment.

(2) “Harassment based on protected class” means harassment based on protected class characteristics that is severe or pervasive, interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment is also prohibited.

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

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

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

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

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

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

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

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

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

(j) District Court Employees.

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

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

1.20.127 Ethics and conduct.

(a) The successful business operation and reputation of Chelan County is built upon the principles of fair dealing and ethical conduct of our employees. Our reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity.

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

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

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

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

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

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

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

(5) No officer or employee of Chelan County shall disclose confidential information gained by reason of his or her official position nor shall he or she use such information for personal gain or benefit.

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

(f) Compliance with this policy of business ethics and conduct is the responsibility of every Chelan County employee. Disregarding or failing to comply with this standard of business ethics and conduct could lead to disciplinary action, up to and including possible termination of employment. (Res. 2011-31 (§ 2.3), 4/11/11: Res. 2010-01 (§ 2.3), 1/4/10: Res. 2009-12 (§ 3.4), 1/26/09: Res. 2007-171 (§ 3.4), 12/17/07: Res. 2006-37 (§ 3.4), 3/27/06. Formerly 1.20.190).

1.20.130 Drug and alcohol use.

It is Chelan County’s desire to provide a drug-free, healthy, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner.

While on Chelan County premises and while conducting business-related activities off Chelan County premises, no employee may use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. “Alcohol abuse” means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employee’s ability to perform their job safely or efficiently. “Illegal drug” means any controlled substance as defined in Chapter 69.50 RCW, not possessed or taken in accordance with a lawful prescription.

The legal use of prescribed drugs is permitted on the job only if it does not impair an employee’s ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace.

Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment, and/or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences.

The unlawful manufacture, delivery, sale or possession of controlled substances on or off duty by employees of Chelan County is strictly prohibited.

When the county, elected official and/or department head has reasonable suspicion to believe an employee is drug- or alcohol-impaired and not able to perform their job safely or efficiently, the county, elected official and/or department head may require the employee to submit to a urine, blood, or breathalyzer test to determine the presence of alcohol or drugs in the body.

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

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

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

Employees with questions on this policy or issues related to drug or alcohol use in the workplace should raise their concerns with their supervisor or the commissioners’ office without fear of reprisal.

Code Chapter 1.39, Res. 92-91. (Res. 2011-31 (§ 2.4), 4/11/11: Res. 2010-01 (§ 2.4), 1/4/10: Res. 2009-12 (§ 2.2), 1/26/09: Res. 2007-171 (§ 2.2), 12/17/07: Res. 2006-37 (§ 2.2), 3/27/06).

1.20.140 Attendance and punctuality.

In order to deliver services effectively, as well as maintain a safe and productive work environment, Chelan County expects employees to be reliable and to be punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and on Chelan County. In the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they should notify their supervisor as soon as possible in advance of the anticipated tardiness or absence. (Res. 2011-31 (§ 2.5), 4/11/11: Res. 2010-01 (§ 2.5), 1/4/10: Res. 2009-12 (§ 2.5), 1/26/09: Res. 2007-171 (§ 2.3), 12/17/07: Res. 2006-37 (§ 2.3), 3/27/06).

1.20.150 Personal appearance.

Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the business image Chelan County presents to customers and visitors. Department heads and/or elected officials are responsible for establishing a reasonable dress code appropriate to the job functions of their department. Employees having questions regarding what constitutes appropriate clothing and professional appearance should consult the elected official, department head or an immediate supervisor; reasonable accommodation may be made for persons with disabilities. (Res. 2011-31 (§ 2.6), 4/11/11: Res. 2010-01 (§ 2.6), 1/4/10: Res. 2009-12 (§ 2.4), 1/26/09: Res. 2007-171 (§ 2.4), 12/17/07: Res. 2006-37 (§ 2.4), 3/27/06).

1.20.155 Fitness for duty—Physical fitness.

Chelan County is committed to providing a safe work environment for its employees. In order to assist in maintaining a safe work environment it is essential that employees are physically able to perform the duties associated with their assigned tasks.

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

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

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

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

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

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

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

(h) Results of the medical examination will determine future employment status. If the employee is determined to be unfit for duty they may be assigned different work, returned to work with restrictions, returned to work with reasonable accommodations or terminated. (Res. 2011-31 (§ 2.7), 4/11/11: Res. 2010-01 (§ 2.7), 1/4/10).

Article III. Employment

1.20.160 Equal employment opportunity.

Chelan County is committed to providing equal employment opportunity for all employees and applicants for employment on the basis of merit without regard to age, sex, marital status, race, creed, color, national origin, sexual orientation, or the presence of any sensory, mental, or physical disability, or the use of a trained guide dog or service animal. The objective is to promote the full realization of equal employment opportunity through strategies that aim to eliminate discrimination based on factors that are irrelevant to job performance. Within county offices and departments, every effort will be made to ensure that all employment decisions and personnel actions, including recruitment, selection, training, promotion, transfer, and benefits, are administered in conformance with state and federal statutes and regulations governing equal employment and personnel management.

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

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

Employees may request a copy of the entire Chelan County equal opportunity policy and procedures by contacting the county administrator. (Res. 2011-31 (§ 3.1), 4/11/11: Res. 2010-01 (§ 3.1), 1/4/10: Res. 2009-12 (§ 3.1), 1/26/09: Res. 2007-171 (§ 3.1), 12/17/07: Res. 2006-37 (§ 3.1), 3/27/06).

1.20.180 Workplace violence prevention.

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

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

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

Conduct that threatens, intimidates, or coerces another employee, a customer, or a member of the public at any time, including off-duty periods, will not be tolerated if such actions are taken in a way that suggests, purports or implies county authority. This prohibition includes all acts of harassment, including harassment that is based on an individual’s sex, race, age, or any protected class as defined by federal or state law.

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

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

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

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

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

Additional general safety tips may be found on the intranet. (Res. 2011-31 (§ 3.2), 4/11/11: Res. 2010-01 (§ 3.2), 1/4/10: Res. 2009-12 (§ 3.3), 1/26/09: Res. 2007-171 (§ 3.3), 12/17/07: Res. 2006-37 (§ 3.3), 3/27/06).

1.20.200 Whistleblower.

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

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

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

(d) Procedures for Reporting.

(1) Employee submits a written report to the supervisor stating in detail the basis for the employee’s belief that an improper action has occurred.

(2) If the employee feels that the improper action involves his or her supervisor, the employee may raise the issue directly with the next person above the supervisor in the chain of command, or may raise the issue directly with the county administrator.

(3) The supervisor in receipt of the report shall promptly turn it over to the county administrator.

(4) The county administrator shall promptly investigate the matter. The name shall be kept confidential to the extent possible under the law, unless the employee authorizes the disclosure in writing.

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

No employee who in good faith reports a violation shall suffer harassment, retaliation or adverse employment consequence. Any employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. The whistleblower policy is intended to encourage and enable employees and others to raise serious concerns with the county prior to seeking resolution outside the county.

(e) District Court Employees—Procedures for Reporting (Subsections (d)(2), (3) and (4)).

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

(2) The supervisor in receipt of the report may, if appropriate, notify and consult with the county prosecutor about the report.

(3) The presiding judge or their designee shall promptly investigate the matter. The name of the employee shall be kept confidential to the extent authorized by law.

For more information, please reference Code Chapter 1.02, Res. 96-103. (Res. 2011-31 (§ 3.3), 4/11/11: Res. 2010-01 (§ 3.3), 1/4/10: Res. 2009-12 (§ 3.5), 1/26/09: Res. 2007-171 (§ 3.5), 12/17/07: Res. 2006-37 (§ 3.5), 3/27/06).

1.20.210 Hiring of relatives.

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

For purposes of this policy, a “relative” is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage.

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

If a relative relationship is established after employment between employees who are in a reporting situation described above, it is the responsibility and obligation of the supervisor involved in the relationship to disclose the existence of the relationship to management. (Res. 2011-31 (§ 3.4), 4/11/11: Res. 2010-01 (§ 3.4), 1/4/10: Res. 2009-12 (§ 3.6), 1/26/09: Res. 2007-171 (§ 3.6), 12/17/07: Res. 2006-37 (§ 3.6), 3/27/06).

1.20.215 Hiring of retirees.

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

1.20.220 Employee medical examinations.

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

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

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

1.20.230 Background/reference checks.

Background checks are used for the purpose of determining a candidate’s suitability for a position. A background check may consist of a check of references, criminal history, or an applicant’s driving record. The use of background checks of any type shall be at the discretion of the department head or elected official, so long as they are used fairly and consistently in the same manner without unlawful discrimination.

Offers of employment may be contingent on the results of the background or reference check(s) at the discretion of the department head or elected official. The candidate/employee must be notified, and their authorization must be obtained by the department head or elected official before a background check can be completed.

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

1.20.240 Immigration law compliance.

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

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

Employees with questions or seeking more information on immigration law issues are encouraged to contact the commissioners’ office. Employees may raise questions or complaints about immigration law compliance without fear of reprisal. (Res. 2011-31 (§ 3.8), 4/11/11: Res. 2010-01 (§ 3.8), 1/4/10: Res. 2009-12 (§ 3.10), 1/26/09: Res. 2007-171 (§ 3.10), 12/17/07: Res. 2006-37 (§ 3.9), 3/27/06).

1.20.250 Outside employment and social contacts.

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

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

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

The Chelan County sheriff’s office policy includes additional provisions.

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

1.20.260 Disability accommodations.

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

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

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

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

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

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

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

1.20.270 Job posting.

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

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

To apply for an open position, employees should obtain a job description and a job posting application from the hiring department manager. The job posting application will request employees to list job-related skills and accomplishments and also ask them to describe how their current experience with Chelan County and prior work experience and/or education qualifies them for the position.

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

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

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

Article IV. Employment Status and Records

1.20.280 Employment categories.

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

(b) Each position is designated as either nonexempt or exempt from federal and state wage and hour laws. Employees in nonexempt positions are entitled to overtime pay under the specific provisions of federal and state laws. Employees in exempt positions are excluded from specific provisions of federal and state wage and hour laws. A position’s exempt or nonexempt classification may be changed only upon written notification by the Chelan County commissioners.

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

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

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

(4) “Temporary” employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project, for a specific time period, or who work less than seventy hours per month on a continuing basis. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change.

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

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

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

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

Additional employment categories may be listed in collective bargaining agreements between county employees and the county. If there is a discrepancy between the above categories and the collective bargaining agreement, the appropriate collective bargaining agreement should be followed. Seasonal employees do not accrue sick or vacation leave. This includes, but is not limited to, employees of Ohme Gardens, fair, Monitor Park, farm worker housing, horticulture and public works who meet the qualifications of a seasonal regular, seasonal temporary, or seasonal full-time employee. (Res. 2011-31 (§ 4.1), 4/11/11: Res. 2010-01 (§ 4.1), 1/4/10: Res. 2009-12 (§ 4.1), 1/26/09: Res. 2007-171 (§ 4.1), 12/17/07: Res. 2006-37 (§ 4.1), 3/27/06).

1.20.290 Personnel data changes.

It is the responsibility of each employee to promptly notify Chelan County of any changes in personnel data. Personal mailing addresses, telephone numbers, addition and deletion of number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, and other such status reports should be accurate and current at all times. If any personnel data has changed, complete a personnel data form (available through the auditor’s office or online) and forward to the auditor’s office immediately.

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

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

1.20.300 Employment applications.

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

1.20.310 Job descriptions.

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

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

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

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

Article V. Employee Benefits

1.20.320 Employee benefits.

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

Benefits eligibility is dependent upon a variety of factors, including employee classification. Contact the county administrator or the auditor’s office to identify the programs for which you are eligible. Details of many of these programs can be found elsewhere in the employee handbook.

Open enrollment for making changes in benefit plans is November 15th through December 15th each year; contact the auditor’s office for details. (Res. 2011-31 (§ 5), 4/11/11: Res. 2010-01 (§ 5), 1/4/10: Res. 2009-12 (§ 5), 1/26/09: Res. 2007-171 (§ 5), 12/17/07: Res. 2006-37 (§ 5), 3/27/06).

1.20.330 Vacation benefits.

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

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

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

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

(4) Temporary employees do not earn vacation leave.

(b) Employees shall not be allowed to take vacation time until the successful completion of six months of continuous service.

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

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

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

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

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

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

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

(j) In the event of death, all accumulated vacation will be paid to the estate of the employee. (Res. 2011-31 (§ 5.1), 4/11/11: Res. 2010-01 (§ 5.1), 1/4/10: Res. 2009-12 (§ 5.1), 1/26/09: Res. 2007-171 (§ 5.1), 12/17/07: Res. 2006-37 (§ 5.1), 3/27/06).

1.20.340 Longevity bonus leave.

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


Length of Service	Regular Annual Leave Hours	Longevity Bonus Hours	Total
1	96	0	96
2	96	8	104
3	96	16	112
5	96	24	120
10	96	32	128
15	96	48	144
20	96	64	160
25	96	80	176

(Res. 2011-31 (§ 5.2), 4/11/11: Res. 2010-01 (§ 5.2), 1/4/10: Res. 2009-12 (§ 5.2), 1/26/09: Res. 2007-171 (§ 5.2), 12/17/07: Res. 2006-37 (§ 5.2), 3/27/06).

1.20.350 Donation of annual leave.

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

Chelan County employees may donate accumulated annual leave to an employee who, as a result of being on extended sick leave as result of serious illness or injury or medical complications related to pregnancy, has only eighty hours or less of combined accumulated sick, annual, holiday and compensatory time leaves. Annual leave shall be donated in increments of four hours.

The hours of donated annual leave will remain in the leave bank of the donating employee until they are needed by the receiving employee. Leave will be removed from the leave account of the donor and used by the donee in the order donations are received. Unused leave will remain in the account of the donor if the donee returns to work before the donated time is used. Employees with more than two hundred forty hours of annual leave, including hours designated as donated annual leave hours that have not been used, will have their annual leave balance reduced at the end of the year in accordance with Res. 82-22 (Chapter 1.28).

Code Chapter 1.28, Res. 2007-12. (Res. 2011-31 (§ 5.3), 4/11/11: Res. 2010-01 (§ 5.3), 1/4/10: Res. 2009-12 (§ 5.3), 1/26/09: Res. 2007-171 (§ 5.3), 12/17/07: Res. 2006-37 (§ 5.3), 3/27/06).

1.20.360 Holidays.

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

(b) Holiday pay will be calculated based on the employee’s straight-time pay rate (as of the date of the holiday) times the number of hours the employee would otherwise be required to work on that day. Eligible employee classification(s):

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

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

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

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

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

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

(f) In addition to the approved holidays, eligible employees will receive one floating holiday in each calendar year. These holidays must be scheduled with the prior approval of the employee’s supervisor and must be used in the year received; they cannot be banked for future use. (Res. 2011-31 (§ 5.4), 4/11/11: Res. 2010-01 (§ 5.4), 1/4/10: Res. 2009-12 (§ 5.4), 1/26/09: Res. 2007-171 (§ 5.4), 12/17/07: Res. 2006-37 (§ 5.4), 3/27/06).

1.20.370 Health insurance.

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

(1) Elected officials;

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

(3) Permanent part-time employees—those working at least twenty but less than thirty-two hours per week;

(4) Seasonal regular and seasonal full-time employees may be eligible for health insurance.

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

(c) Chelan County currently pays five hundred fifty dollars* a month for employee premiums for health insurance and dental care coverage for permanent full-time employees and elected officials.

(d) Chelan County currently pays two hundred seventy-five dollars* a month for employee premiums for health insurance and dental care coverage for permanent part-time employees who elect to have health and dental coverage. The employee is required to pay the remainder of insurance. Employees who do not enroll when first eligible (during the first thirty days after date of hire) will be subject to a three-year waiting period unless they become eligible for coverage under a qualifying event.

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

(f) Employees eligible for health insurance benefits will receive the full benefit in their final month of employment if their separation date is on or after the fifteenth of the month. Employees with separation dates before the fifteenth of the month will not earn health insurance benefits in the final month of employment.

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

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

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

(j) Details of the health insurance plan are described in the summary plan description (SPD). An SPD and information on cost of coverage will be provided in advance of enrollment to eligible employees. Contact the payroll department for more information about health insurance benefits. (Res. 2011-31 (§ 5.5), 4/11/11: Res. 2010-01 (§ 5.5), 1/4/10: Res. 2009-12 (§ 5.5), 1/26/09: Res. 2007-171 (§ 5.5), 12/17/07: Res. 2006-37 (§ 5.5), 3/27/06).

1.20.380 Benefits continuation (COBRA).

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

Under COBRA, the employee or beneficiary pays the full cost of coverage at Chelan County’s group rates plus an administration fee. Chelan County provides each eligible employee and spouse (if any) with a written notice describing rights granted under COBRA when the employee or beneficiary becomes eligible for coverage under Chelan County’s health insurance plan. The notice contains important information about the employee’s rights and obligations.

COBRA benefits are offered through Berg Andonian. (Res. 2011-31 (§ 5.6), 4/11/11: Res. 2010-01 (§ 5.6), 1/4/10: Res. 2009-12 (§ 5.6), 1/26/09: Res. 2007-171 (§ 5.6), 12/17/07: Res. 2006-37 (§ 5.6), 3/27/06).

1.20.390 Flexible spending account (FSA).

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

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

(1) Elected officials;

(2) Permanent full-time employees;

(3) Permanent part-time employees.

(c) Participation in the unreimbursed medical and/or dependent daycare FSAs is optional and determined on an annual basis for the plan year. You must enroll for each plan year; enrollment cannot be changed at any time other than open enrollment. You determine how much to contribute to the account, up to a specified maximum, which will be communicated to employees on an annual basis, based on anticipated expenses during the plan year. Contributions are directed to the account through salary reduction on a pre-tax basis. This tax-free money is then available to you for reimbursement of out-of-pocket expenses. Since the amounts that remain in the account at the end of the plan year are forfeited, you should take care not to overfund your account. Due to the “use it or lose it” policy, these funds must be used before use of VEBA funds.

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

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

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

(g) Contact the auditor’s office for more information on the flexible spending account program and to obtain enrollment and reimbursement forms and worksheets with examples of reimbursable and nonreimbursable expenses. Open enrollment occurs November 15th through December 15th each year, allowing employees to enroll or change their withholding amount. (Res. 2011-31 (§ 5.7), 4/11/11: Res. 2010-01 (§ 5.7), 1/4/10: Res. 2009-12 (§ 5.7), 1/26/09: Res. 2007-171 (§ 5.7), 12/17/07: Res. 2006-37 (§ 5.7), 3/27/06).

1.20.400 Life insurance.

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

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

(1) Elected officials;

(2) Permanent full-time employees;

(3) Permanent part-time employees.

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

(e) Chelan County currently pays one-half of the premiums for life and AD&D coverage for permanent part-time employees. The employee is required to pay the remaining half.

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

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

(h) Details of the basic life insurance plan including benefit amounts are described in the Chelan County Benefit Handbook provided to eligible employees. Contact the payroll department for more information about life insurance benefits. (Res. 2011-31 (§ 5.8), 4/11/11: Res. 2010-01 (§ 5.8), 1/4/10: Res. 2009-12 (§ 5.8), 1/26/09: Res. 2007-171 (§ 5.8), 12/17/07: Res. 2006-37 (§ 5.8), 3/27/06).

1.20.410 Long-term disability.

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

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

(1) Elected officials;

(2) Permanent full-time employees;

(3) Permanent part-time employees.

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

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

(e) Details of the LTD benefits plan including benefit amounts and limitations and restrictions are described in the summary plan description provided to eligible employees. Contact the payroll department in the auditor’s office for more information about LTD benefits. (Res. 2011-31 (§ 5.9), 4/11/11: Res. 2010-01 (§ 5.9), 1/4/10: Res. 2009-12 (§ 5.9), 1/26/09: Res. 2007-171 (§ 5.9), 12/17/07: Res. 2006-37 (§ 5.9), 3/27/06).

1.20.420 Voluntary insurance benefits.

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

(1) Accident expense insurance;

(2) Individual dental insurance;

(3) Short-term disability insurance;

(4) Cancer expense insurance;

(5) Intensive care expense insurance.

(b) For additional information and enrollment forms contact the auditor’s office. (Res. 2011-31 (§ 5.10), 4/11/11: Res. 2010-01 (§ 5.10), 1/4/10: Res. 2009-12 (§ 5.10), 1/26/09: Res. 2007-171 (§ 5.10), 12/17/07: Res. 2006-37 (§ 5.10), 3/27/06).

1.20.430 Retirement.

(a) All Chelan County employees are eligible for a state-sponsored retirement program. There are currently four active retirement plans available to eligible employees, and two plans that are no longer available.

(1) PERS 1 (Public Employees’ Retirement System). No longer available.

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

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

(4) PSERS (Public Safety Employees’ Retirement System).

(5) LEOFF 1 (Law Enforcement Officers and Fire Fighters). No longer available.

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

(b) Many employees participate in the Washington State Public Employees’ Retirement System (PERS). Employees are eligible to participate in PERS if they are hired into an eligible position. Eligible positions are those that normally require five or more months of seventy hours or more of compensated employment in a twelve-month period. PERS 1 is for eligible employees hired before October 1, 1977, and PERS 2 is for eligible employees hired after October 1, 1977. Another option that is now available is the PERS 3 plan. This plan is similar to PERS 2, but allows the employee to choose the contribution level and the way it is invested.

(c) Eligible employees are required to participate in PERS and the rate of deduction from the eligible employee’s compensation, and the rate of the contribution to the employee’s account from Chelan County, are set by the state and vary from year to year. Employees are notified annually by the Washington State Retirement System of the deduction and contribution rates.

(d) Eligible employees who reach the plan-specific number of years of service credit have a vested right to a retirement benefit upon reaching the plan’s age requirement. “Vesting” means an employee has earned the right to a future benefit even if the covered employment ends. However, if an employee withdraws their contributions and terminates membership in PERS, the employee will forfeit their right to retirement benefits.

(e) Currently, the PERS 2 plan provides for a retirement benefit at:

(1) Age sixty-five or older with at least five service credit years;

(2) Age fifty-five or older with at least twenty service credit years (at a reduced rate);

(3) At any age with at least thirty service credit years; or

(4) May stop working but defer benefits until reaching the age of sixty-five.

(f) Currently, the PERS 3 plan provides for a retirement benefit at:

(1) Age sixty-five or older with at least ten service credit years, or five service credit years including twelve service credit months after reaching age fifty-four;

(2) At age fifty-five or older with at least ten service credit years (at a reduced benefit);

(3) Receipt of benefits can be delayed until the age of sixty-five, after leaving employment;

(4) After twenty service credit years an employee’s pension is increased by approximately three percent every year until the age of sixty-five.

(g) Disability retirement benefits and survivor benefits are available to employees who meet the plan’s requirements.

(h) If an employee retires before age sixty-five, the PERS plan benefit will be actuarially reduced. (See the Retirement Handbook available from the Washington State Retirement System.)

(i) An employee’s contribution to PERS is a percentage of their compensation earnable.

(1) PERS 1 compensation earnable includes salaries and wages earned during a payroll period for personal services plus overtime, back pay awards, lump-sum payments for accrued leave and tax-deferred wages as defined by the Internal Revenue Code.

(2) PERS 2 compensation earnable includes salaries and wages earned during a payroll period for personal services plus overtime and tax-deferred wages as defined by the Internal Revenue Code, but does not include lump-sum payments for deferred annual sick leave, unused vacation leave, or any form of severance pay.

(3) PERS 3 is another option for employees currently enrolled in the PERS 2 program. Enrollment into the PERS 3 program is irreversible and once enrolled employees cannot go back to the PERS 2 plan. Once the contribution percentage has been set it cannot be changed. Contribution rates vary from five percent to fifteen percent flat rates, to varying rates that increase as length of service increases.

(j) PSERS. The Public Safety Employees’ Retirement System is a new program that came into effect July 1, 2006. It establishes a separate system for certain public employees whose jobs contain a high degree of physical risk to their own personal safety. CCRJC personnel who meet the eligibility criteria are eligible to be members of PSERS. The major difference between PERS and PSERS is that PSERS will provide full retirement benefits at age sixty-five with at least five years of service credit or at age sixty with ten years of PSERS service. For those with at least twenty years of service, early retirement will be available at age fifty-three, with a benefit reduction of three percent per year from age sixty. Please see the PSERS Member Handbook for additional information.

(k) LEOFF 1 Plan. This plan is no longer available. LEOFF 1 retirees are served by the Chelan County disability board. For additional information regarding LEOFF 1 retiree benefits, see Katie Batson in the commissioners’ office.

(l) LEOFF 2 Plan—The Law Enforcement Officers’ and Fire Fighters’ Retirement System. The LEOFF 2 Plan covers full-time law enforcement officers and fire fighters first hired on or after October 1, 1977.

An employee’s contribution is a percentage of their “basic salary,” which means salaries or wages earned during a payroll period for personal services, including overtime and tax-deferred wages. This does not include lump sum payments for unused sick leave, unused vacation leave, or any form of severance pay.

Currently the LEOFF 2 Plan provides for a retirement benefit at:

(1) Service retirement benefits at age fifty-three, if you have five or more service credit years.

(2) Reduced benefits at age fifty, if you have at least twenty service credit years and choose to retire early.

(3) Disability retirement benefits, and survivor benefits, if you meet the requirements.

Additional information can be found on each of these retirement programs online at www.drs.wa.gov. (Res. 2011-31 (§ 5.11), 4/11/11: Res. 2010-01 (§ 5.11), 1/4/10: Res. 2009-12 (§ 5.11), 1/26/09: Res. 2007-171 (§ 5.11), 12/17/07: Res. 2006-37 (§ 5.11), 3/27/06).

1.20.440 VEBA.

The MSA VEBA is a tax-free health savings account that is funded by the county for your current and future out-of-pocket medical and retiree health and insurance expenses, including dental and eyeglasses. The county contributes one hundred fifty dollars* a month to the MSA VEBA plan of each eligible full-time nonbargaining employee; bargaining employees, see the applicable collective bargaining agreement for VEBA eligibility and details. The contributions are invested into one, two or all three funds, however you chose.

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

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

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

See Section 1.28.030, Sick leave, for additional VEBA contribution information. (Res. 2011-31 (§ 5.12), 4/11/11: Res. 2010-01 (§ 5.12), 1/4/10: Res. 2009-12 (§ 5.12), 1/26/09: Res. 2007-171 (§ 5.12), 12/17/07: Res. 2006-37 (§ 5.12), 3/27/06).

1.20.450 Deferred compensation.

(a) In addition to PERS, eligible employees may also make additional retirement contributions through the deferred compensation program, Section 457 of the Internal Revenue Code. Currently, eligible employees may contribute between twenty dollars per month and twenty-five percent of their gross income, to a maximum of sixteen thousand five hundred dollars* per year.

(b) Employees may enroll in the deferred compensation program at any time after they have been hired full-time or permanent part-time.

(1) National Association of County Officials (NACO)—Nationwide;

(2) Hartford;

(3) FTJ-Circle Trust;

(4) WA-DRS—Washington State Department of Retirement Systems.

Additional information is available on each of the programs in the auditor’s office.

(d) Under the current plans, employees may withdraw funds under the following conditions without penalty:

(1) Upon termination of employment or retirement, according to the plan, at any age and for any reason;

(2) Upon reaching the age of seventy and one-half; or

(3) Upon experiencing an approved, unforeseeable emergency. (Res. 2011-31 (§ 5.13), 4/11/11: Res. 2010-01 (§ 5.13), 1/4/10: Res. 2009-12 (§ 5.13), 1/26/09: Res. 2007-171 (§ 5.13), 12/17/07: Res. 2006-37 (§ 5.13), 3/27/06).

1.20.455 Employee assistance program (EAP).

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

(b) Using the Employee Assistance Program.

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

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

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

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

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

(c) Contact the auditor’s office or the commissioners’ office for additional information. (Res. 2011-31 (§ 5.14), 4/11/11: Res. 2010-01 (§ 5.14), 1/4/10: Res. 2009-12 (§ 5.14), 1/26/09).

1.20.460 Workers’ compensation insurance.

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

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

(c) Supervisor should notify the commissioners’ office to pick up a self-insured accident report form, or to find out the claim number. Do not forget to inform the medical personnel that the county is self-insured.

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

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

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

(g) Coordination of Benefits.

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

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

(3) If an employee receives workers’ compensation time-loss benefits for more than thirty continuous calendar days, sick leave and vacation benefits shall no longer accrue during the period when time-loss benefits are being paid.

Code Section 1.28.060, Res. 85-29. (Res. 2011-31 (§ 5.15), 4/11/11: Res. 2010-01 (§ 5.15), 1/4/10: Res. 2009-12 (§ 5.15), 1/26/09: Res. 2007-171 (§ 5.14), 12/17/07: Res. 2006-37 (§ 5.14), 3/27/06).

1.20.480 Health club membership.

Chelan County employees are eligible to join the YMCA at the corporate discount rate. The membership fees are paid by the employee; upon the employee’s authorization the YMCA fees may be automatically taken out of the employee’s pay warrants on a monthly basis. Employees must sign up for automatic withdrawal to receive the corporate rate.

Employees may drop their YMCA membership in September of each year or upon separation of employment. Contact the YMCA for rate information.

Other health and fitness facilities may offer corporate rates to county employees. Payment must be made directly to the facility unless fifteen or more county employees are members and request automatic withdrawal. (Res. 2011-31 (§ 5.16), 4/11/11: Res. 2010-01 (§ 5.16), 1/4/10: Res. 2009-12 (§ 5.16), 1/26/09: Res. 2007-171 (§ 5.15), 12/17/07: Res. 2006-37 (§ 5.16), 3/27/06).

1.20.510 Credit cards.

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

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

See Chelan County financial policies (Chapter 1.70) for additional information on credit cards. (Res. 2011-31 (§ 5.17), 4/11/11: Res. 2010-01 (§ 5.18), 1/4/10: Res. 2009-12 (§ 5.18), 1/26/09: Res. 2007-171 (§ 5.17), 12/17/07: Res. 2006-37 (§ 5.19), 3/27/06).

1.20.520 Participation in elections.

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

Article VI. Timekeeping and Payroll

1.20.530 Timesheets.

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

Employees in nonexempt positions should accurately record the time they begin and end their work. They should also record the beginning and ending time of any split shift or departure from work for personal reasons. Overtime work may be required to be pre-approved before it is performed.

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

It is the employees’ responsibility to sign their timesheets to certify the accuracy of all time recorded. The supervisor will review and then sign the time record before submitting it for payroll processing. Departments are responsible for verifying employee time, vacation, sick and comp time accruals, usage and balances are correct. The upper right-hand section must be filled out to verify balances. Timesheets are due in the auditor’s office according to the payroll schedule on the intranet. Once timesheets have been forwarded to the auditor’s office, this becomes the official record for purposes of time worked. (Res. 2011-31 (§ 6.1), 4/11/11: Res. 2010-01 (§ 6.1), 1/4/10: Res. 2009-12 (§ 6.1), 1/26/09: Res. 2007-171 (§ 6.1), 12/17/07: Res. 2006-37 (§ 6.1), 3/27/06).

1.20.540 Payroll change notices.**

In order to have payroll changes entered into the financial system before payroll has to be entered, payroll change notices must be turned in to the commissioners’ office two weeks before the effective date of the change.

New hire payroll change notices must be turned in to the commissioners’ office along with a signed new employee handbook acknowledgement form within two weeks of beginning employment with the county or before payroll is due in the auditor’s office that month, whichever comes first. Payroll cannot be processed without an approved new hire payroll change notice, and a new hire payroll change notice will not be approved without a signed new employee handbook acknowledgement form. (Res. 2011-31 (§ 6.2), 4/11/11: Res. 2010-01 (§ 6.2), 1/4/10: Res. 2009-12 (§ 6.2), 1/26/09: Res. 2007-171 (§ 6.2), 12/17/07: Res. 2006-37 (§ 6.2), 3/27/06).

** Also can be found in the Chelan County financial policies (Chapter 1.70).

1.20.550 Paydays.

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

1.20.560 Draws.

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

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

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

Draw warrants will be issued on the twentieth of each month and may be picked up after eight a.m. If the twentieth falls on a weekend or holiday the draws will be available by twelve p.m. on that prior Friday.

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

1.20.570 Direct deposit.

Employees may have pay directly deposited into their bank accounts if they provide advance written authorization to Chelan County. Employees will receive an itemized statement of wages when Chelan County makes direct deposits. This direct deposit option is available for both payday and draws. A signed request form must be in the auditor’s office no later than the fifteenth day of the month. Direct deposit forms may be printed off the intranet. (Res. 2011-31 (§ 6.5), 4/11/11: Res. 2010-01 (§ 6.5), 1/4/10: Res. 2009-12 (§ 6.5), 1/26/09: Res. 2007-171 (§ 6.5), 12/17/07: Res. 2006-37 (§ 6.5), 3/27/06).

1.20.580 Return of property.

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

1.20.590 Resignation.

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

Prior to an employee’s departure, an exit interview may be scheduled to discuss the reasons for resignation and the effect of the resignation on benefits. Employees in high-risk jobs that may have negatively affected their hearing may be required to have an audiogram upon resignation from the county.

Termination/resignation forms are available on the intranet. (Res. 2011-31 (§ 6.7), 4/11/11: Res. 2010-01 (§ 6.7), 1/4/10: Res. 2009-12 (§ 6.7), 1/26/09: Res. 2007-171 (§ 6.7), 12/17/07: Res. 2006-37 (§ 6.7), 3/27/06).

1.20.595 Layoffs.

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

1.20.600 Employment termination.

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

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

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

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

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

(b) Employees will receive their final pay in accordance with applicable state law. Employee benefits are generally affected by employment termination in the following manner. All accrued, vested benefits that are due and payable at termination will be paid. Unless Chelan County, in its sole discretion, terminates employment for cause, forfeiture of vacation time may result. Some benefits may be continued at the employee’s expense if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance.

(c) Chelan County may schedule exit interviews at the time of employment termination. The exit interview affords an opportunity to discuss such issues as employee benefits, conversion privileges, or return of Chelan County-owned property. Suggestions, comments, and questions may also be voiced. All property assigned to the employee should be turned in to the employee’s supervisor. A COBRA advice sheet shall also be filled out during the exit interview. (Res. 2011-31 (§ 6.9), 4/11/11: Res. 2010-01 (§ 6.9), 1/4/10: Res. 2009-12 (§ 6.8), 1/26/09: Res. 2007-171 (§ 6.8), 12/17/07: Res. 2006-37 (§ 6.8), 3/27/06).

1.20.610 Administrative pay corrections.

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

In the event that an employee believes there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of the auditor’s office so that corrections can be made as quickly as possible. (Res. 2011-31 (§ 6.10), 4/11/11: Res. 2010-01 (§ 6.10), 1/4/10: Res. 2009-12 (§ 6.9), 1/26/09: Res. 2007-171 (§ 6.9), 12/17/07: Res. 2006-37 (§ 6.9), 3/27/06).

1.20.620 Pay deductions.

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

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

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

Article VII. Workplace Conditions and Hours

1.20.630 Safety.

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

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

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

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

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

In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify the commissioners’ office or the appropriate supervisor. Such reports are necessary to comply with laws and initiate insurance and workers’ compensation benefits procedures. (Res. 2011-31 (§ 7.1), 4/11/11: Res. 2010-01 (§ 7.1), 1/4/10: Res. 2009-12 (§ 7.1), 1/26/09: Res. 2007-171 (§ 7.1), 12/17/07: Res. 2006-37 (§ 7.1), 3/27/06).

1.20.640 Security inspections.

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

Desks, lockers, and other storage devices may be provided for the convenience of employees but remain the sole property of Chelan County. Accordingly, any agent or representative of Chelan County may inspect them, as well as any articles found within them, either with or without prior notice. (Res. 2011-31 (§ 7.2), 4/11/11: Res. 2010-01 (§ 7.2), 1/4/10: Res. 2009-12 (§ 7.2), 1/26/09: Res. 2007-171 (§ 7.2), 12/17/07: Res. 2006-37 (§ 7.2), 3/27/06).

1.20.650 Solicitations.

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

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

1.20.660 Work schedules.

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

Code Chapter 1.18, Res. 99-147.

See also Section 1.20.700, Overtime, and/or the applicable collective bargaining agreement, for detailed explanation of work week. (Res. 2011-31 (§ 7.4), 4/11/11: Res. 2010-01 (§ 7.4), 1/4/10: Res. 2009-12 (§ 7.4), 1/26/09: Res. 2007-171 (§ 7.4), 12/17/07: Res. 2006-37 (§ 7.4), 3/27/06).

1.20.670 Use of phone systems.

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

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

Code Chapter 1.37, Res. 92-89.

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

1.20.680 Smoking.

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

Designated smoking areas meeting these requirements will be marked for employee use. Receptacles will be located at intervals around the county campus; no smoking signs will be displayed as a reminder. (Res. 2011-31 (§ 7.6), 4/11/11: Res. 2010-01 (§ 7.6), 1/4/10: Res. 2009-12 (§ 7.6), 1/26/09: Res. 2007-171 (§ 7.6), 12/17/07: Res. 2006-37 (§ 7.6), 3/27/06).

1.20.690 Breaks—Meals, rest and lactation.

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

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

(b) Rest Breaks. Employees who work more than a four-hour shift will be allowed a rest break of at least ten minutes for every four hours worked. The breaks should be scheduled to occur around the middle of each four-hour work period.

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

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

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

1.20.700 Overtime.

Chelan County follows FLSA guidelines with regard to overtime for nonexempt employees. Employees will be compensated at time and one-half their regular rate for hours worked in excess of forty per week. When in travel status employees will only be compensated for actual hours worked or, in the case of more than one employee traveling in one car, only the driver will receive overtime pay for hours driven outside of their regular work day. When travel by airplane, train or bus is necessary, the employee will only be paid overtime for time spent working during travel, when outside of the normal workday.

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

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

Employees in nonexempt positions have the option of taking compensatory (comp) time off in lieu of paid overtime. This option is solely at the employee’s discretion. Comp time accumulates at one and one-half times the number of hours actually worked. Time off shall be scheduled by mutual agreement between the employee and his/her department head/elected official. The total of accumulated comp time shall not exceed eighty hours per employee. Only forty hours of comp time may be carried forward to a new calendar year. Employees will be paid out for any comp time hours in excess of forty hours that are not paid out or taken off by December 31st. Each nonexempt employee shall report comp time hours earned and taken on his or her monthly timesheet. The payroll department shall be responsible for maintaining the official record of comp time balances.

Exempt positions are not covered by the FLSA overtime provisions and do not receive either overtime pay or compensatory time in lieu of overtime pay. See your supervisor to determine whether your position is considered exempt or nonexempt.

Code Chapter 1.70, Res. 2001-106. (Res. 2011-31 (§ 7.8), 4/11/11: Res. 2010-01 (§ 7.8), 1/4/10: Res. 2009-12 (§ 7.8), 1/26/09: Res. 2007-171 (§ 7.8), 12/17/07: Res. 2006-37 (§ 7.8), 3/27/06).

1.20.705 Hours worked.

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

1.20.710 Vehicle use policy.

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

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

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

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

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

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

(2) Safety and Defensive Driver Training.

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

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

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

(D) All employees shall complete defensive driver training once every three years.

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

(F) Employees requiring a CDL shall complete other training as required by law.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(A) Travel, when an employee is on county business, in a location where driving to a personal vehicle would result in an extra and unnecessary expenditure of county time or money, or the employee has a vehicle specifically assigned to him or her.

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

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

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

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

(d) Accident Reporting.

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

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

(3) Offer assistance; give first aid to the injured if needed.

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

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

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

(7) Do not talk to anyone about the accident except the proper authorities. (Res. 2011-31 (§ 7.10), 4/11/11: Res. 2010-01 (§ 7.10), 1/4/10: Res. 2009-12 (§ 7.10), 1/26/09: Res. 2007-171 (§ 7.10), 12/17/07: Res. 2006-37 (§ 7.9), 3/27/06).

1.20.720 Emergency closings.

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

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

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

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

1.20.730 Business travel expenses and policies.**

(a) Chelan County may reimburse employees for reasonable business travel expenses incurred while on assignments away from the normal work location. The elected official or department head must approve all business travel in advance.

(b) Expenses that are generally reimbursed include the following:

(1) Airfare or train fare for travel in coach or economy class or the lowest available fare.

(2) Car rental fees, only for compact or mid-sized cars.

(3) Fares for shuttle or airport bus service, where available; costs of public transportation for other ground travel.

(4) Taxi fares, only when there is no less expensive alternative.

(5) Mileage costs for use of personal cars, only when a county vehicle is not available, or with approval from the elected official or department head. See current IRS reimbursement rates.

(6) Cost of standard accommodations in low- to mid-priced hotels, motels, or similar lodgings.

(7) Actual costs of meals, excluding alcoholic beverages, shall be reimbursed by the county up to ten dollars for breakfast, fourteen dollars for lunch, and twenty dollars for dinner*. If an employee’s position requires attendance at a meeting where there is no choice in meals and the cost is more than the maximum allowed, a receipt shall be required for reimbursement.

(8) Charges for telephone calls, faxes, and similar services required for business purposes.

(c) No reimbursements shall be allowed for expenses incurred within the county except in connection with official meetings, conferences, or conventions at which attendance is required and authorized in the conduct of county business. Registrations may be paid in advance through the regular purchase voucher procedure. Payment may include meals that are made part of such registration fee.

(d) When travel is completed, employees should submit completed travel expense reports within thirty days. Receipts for all individual expenses should accompany reports. Reports must include mileage, purpose and location of business travel.

(e) Employees should contact their supervisor for guidance and assistance on procedures related to travel arrangements, expense reports, reimbursement for specific expenses, or any other business travel issues.

(f) Abuse of this business travel expenses policy, including falsifying expense reports to reflect costs not incurred by the employee, can be grounds for disciplinary action, up to and including termination of employment.

(g) Employees may use county credit cards with permission from the elected official or department head for travel. Credit card use is strictly limited to official county business. When traveling, county credit cards may not be used to purchase meals; employees should purchase their own meals, then complete a personal expense voucher to claim per diem.

(h) Lodging that includes a continental breakfast shall qualify as a meal provided and reduce per diem eligibility for that day by the current breakfast rate.

(i) The department head or elected official may require receipts for expenses incurred during travel for county business. (Res. 2011-31 (§ 7.12), 4/11/11: Res. 2010-01 (§ 7.12), 1/4/10: Res. 2009-12 (§ 7.12), 1/26/09: Res. 2007-171 (§ 7.12), 12/17/07: Res. 2006-37 (§ 7.11), 3/27/06).

** Also can be found in the Chelan County financial policies (Chapter 1.70).

1.20.740 Computer/Internet/e-mail usage.

(a) Computer Hardware and Software.

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

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

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

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

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

(b) Internet Access.

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

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

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

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

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

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

(3) All e-mail data that is composed, transmitted, or received on our computing systems is considered part of the official records of Chelan County and, as such, is subject to public disclosure. *

(4) All e-mail content should be composed with the known expectation that it is public information. Employees shall have no expectation of privacy in e-mail content, whether it is business related or personal use. *

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

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

(d) Use and Restrictions—Computer/Internet/E-mail.

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

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

(A) Accessing, publishing, or otherwise disclosing confidential material.

(B) Sending spam, junk mail, or unauthorized messages in e-mail.

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

(E) Downloading, viewing, storing, or printing non-business data such as music, videos, etc.

(F) Downloading, viewing, printing or e-mailing pornographic material.

(G) Violating copyright laws by copying and distributing data using county-owned computing equipment. (Res. 2011-31 (§ 7.13), 4/11/11: Res. 2010-01 (§ 7.13), 1/4/10: Res. 2009-12 (§ 7.13), 1/26/09: Res. 2007-171 (§ 7.13), 12/17/07: Res. 2006-37 (§ 7.12), 3/27/06).

1.20.750 Visitors in the workplace.

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

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

1.20.760 Workplace monitoring.

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

Computers furnished to employees are the property of Chelan County. As such, computer usage and files may be monitored or accessed.

Chelan County may conduct video surveillance of non-private workplace areas. Video monitoring is used to identify safety concerns, maintain quality control, detect theft and misconduct, and discourage or prevent acts of harassment and workplace violence.

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

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

1.20.765 Animals/pets in the workplace.

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

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

Exceptions:

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

(2) Any designated animal care and control facility.

(3) Official law enforcement business, i.e., K-9 or mounted unit.

(4) Airport facilities.

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

(6) Any designated county-owned, leased or operated fairground facility.

(7) Any designated county-owned, leased or operated parks with rules enforced on pets. (Res. 2011-31 (§ 7.16), 4/11/11: Res. 2010-01 (§ 7.16), 1/4/10: Res. 2009-12 (§ 7.16), 1/26/09: Res. 2007-177, 12/17/07: Res. 2007-171 (§ 7.16), 12/17/07).

Article VIII. Leaves of Absence

1.20.770 Sick leave.

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

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

(b) Paid sick leave for nonexempt employees can be used in minimum increments of thirty minutes. Exempt employees must use sick leave in four-hour increments, except in cases of leave eligible under the Family Medical Leave Act (FMLA)—see Section 1.20.780, Family and medical leave (FMLA). Eligible employees may use sick leave for an absence due to their own illness or injury or that of a family member who resides in the employee’s household, or other family member with approval of the department head or elected official.

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

(d) Sick leave will be calculated based on the employee’s base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift differentials. As an additional condition of eligibility for sick leave, an employee on an extended absence must apply for any other available compensation and benefits, such as workers’ compensation. Sick leave will be used to supplement any payments that an employee is eligible to receive from state disability insurance, workers’ compensation or Chelan County-provided disability insurance programs. The combination of any such disability payments and sick leave cannot exceed the employee’s normal weekly earnings. See Section 1.20.460, Workers’ compensation insurance, for additional information on sick leave and time-loss payment coordination of benefits.

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

(f) Upon setting an official date of retirement, an employee shall be entitled to receive a lump sum payout of sick leave hours accumulated in excess of seven hundred twenty hours, to a maximum of two hundred forty hours, to the employee’s VEBA account.

Code Section 1.28.030, Res. 2006-188.

(g) Department heads are responsible for keeping detailed permanent records of all sick leave for each permanent full-time or part-time employee. These records will include information on each employee’s accrual and use of sick leave and the balance thereof. The department heads shall report all earned and taken sick leave to the auditor’s office. The auditor’s office record will be used for settlements should there be a conflict between the records of the department head and the auditor’s office.

Code Chapter 1.70, Res. 2001-106.

(h) Upon separation of service, except as described above for retirement, all accumulated sick leave will be forfeited.

(i) Please see the applicable collective bargaining agreement for variations in accumulation, use or payment of sick leave. (Res. 2011-31 (§ 8.1), 4/11/11: Res. 2010-01 (§ 8.1), 1/4/10: Res. 2009-12 (§ 8.1), 1/26/09: Res. 2007-171 (§ 8.1), 12/17/07: Res. 2006-37 (§ 8.1), 3/27/06).

1.20.780 Family and medical leave (FMLA).

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

(b) Eligibility. In order to qualify to take family or medical leave under this policy, the employee must meet all of the following conditions:

(1) The employee must have worked for the employer for twelve months, or fifty-two weeks. The twelve months, or fifty-two weeks, need not have been consecutive.

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

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

(c) Type of Leave Covered. In order to qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below:

(1) The birth of a child and in order to care for that child;

(2) The placement of a child for adoption or foster care and to care for the newly placed child;

(3) To care for a spouse, child, or parent with a serious health condition; or

(4) The serious health condition (defined below) of the employee.

An employee may take leave because of a serious health condition that makes the employee unable to perform the functions of the employee’s position.

A “serious health condition” is defined as an injury, illness, impairment or physical or mental condition which requires inpatient care at a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or continuing treatment by a licensed health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition, which, if left untreated, would result in a period of incapacity of more than three days, would be considered a “serious health condition.”

Employees with questions about what illnesses are covered under this FMLA policy or under the county’s sick leave policy are encouraged to consult with the county administrator.

The county may require an employee to provide a doctor’s certification of the serious health condition. The certification process is outlined in subsection (h) of this section.

If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the county may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications.

An eligible employee can take up to twelve weeks of leave under this policy during any twelve-month period. The county will measure the twelve-month period forward from the date any employee’s first FMLA leave begins. Each time an employee takes leave, the county will compute the amount of leave the employee has taken under this policy and subtract it from the twelve weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time.

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

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

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

If the employee contributes to a county-sponsored life insurance or disability plan, the county will continue making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave, the employee may request continuation of such benefits, and pay their portion of the premiums; or, the county may elect to maintain such benefits during the leave and pay the employee’s share of the premium payments. If the employee does not elect to continue these benefits by paying the premiums, the county may discontinue coverage during the leave. If the county maintains coverage for the employee, the county may elect to recover the costs incurred for paying the employee’s share of any premiums if the employee elects not to return to work.

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

(f) Use of Paid and Unpaid Leave. If the employee has accrued or earned paid leave (either vacation or sick), the employee may be required to use paid leave first and take the remainder of the twelve weeks as unpaid leave as follows:

An employee who is taking leave to care for a newborn or adopted child or foster care must use all paid vacation or personal leave prior to being eligible for unpaid leave. The paid leave will run concurrently and be counted as FMLA leave with any unpaid leave available for what remains of the twelve-week entitlement. Leave for the care of a newborn or adopted child or foster care will also be applied concurrently to Washington State Parental Leave from the date of the child’s birth or adoption.

An employee who is taking leave because of the employee’s own serious health condition, or the serious health condition of a family member, must use all paid vacation, sick, or personal leave prior to being eligible for unpaid leave. The paid leave will run concurrently and be counted as FMLA leave with any unpaid leave available for what remains of the twelve-week entitlement.

The county will notify the employee generally within two business days in writing or orally (to be confirmed in writing by no later than the employee’s next regular payday), whether or not the leave will be designated as FMLA leave.

(g) Intermittent Leave or Reduced Work Schedule. An eligible employee may take FMLA leave in twelve consecutive weeks, may use the leave intermittently (take a day periodically when needed over the designated twelve-month period), or under certain circumstances may use the leave to reduce the work week or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of twelve work weeks (four hundred eighty hours) over a twelve-month period.

The county may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule, for leave for the employee or employee’s family member that is foreseeable and for planned medical treatment, including recovery from a serious health condition or to care for a child after birth, or placement for adoption or foster care.

For the birth, adoption or foster care of a child, the county and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced hour schedule. Leave for birth, adoption, or foster care of a child must be taken within one year of the birth or placement of the child.

If the employee is taking leave for a serious health condition or because of the serious health condition of a family member, the employee should try to reach agreement with the county before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary. The county may require certification of the medical necessity as defined in subsection (h) of this section.

(h) Certification of the Serious Health Condition. The county may ask for certification of the serious health condition. The employee should try to respond to such a request within fifteen days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Medical certification may be provided using the medical certification form. Request for a medical certificate must be made in writing as a part of the county’s response to the employee’s request for leave.

Certification of the serious health condition requested may include: the date when the condition began, its expected duration, and a brief statement of treatment. For FMLA leave for the employee’s own medical condition, the certification must also include a statement that the employee is unable to perform work of any kind or a statement that the employee is unable to perform the essential functions of the employee’s position. For FMLA leave for a family member who is seriously ill, the certification must include a statement that the family member who is the patient requires assistance and that the employee’s presence would be beneficial or desirable.

If the employee plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment as well as a statement of medical necessity for taking intermittent leave or working a reduced schedule.

The county may also ask for a second opinion if it has reason to doubt the certification. The county will pay for the employee to get a certification from a second doctor, which the county will select. If necessary to resolve a conflict between the original certification and the second opinion, the county will request the opinion of a third doctor. The county and the employee will mutually select the third doctor, and the county will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion.

(i) Procedure for Requesting Leave. All employees requesting leave under this policy must provide verbal notice with an explanation of the reason(s) for the needed leave to their immediate supervisor, who will advise the county administrator. If the leave is foreseeable, the immediate supervisor may require the employee to provide a written request for leave and reason(s) with a copy to the commissioners’ office. Failure of the employee to provide a written request for leave under FMLA cannot be grounds to deny or delay the taking of FMLA leave.

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

When an employee plans to take leave under this policy, the employee must give the county thirty days’ notice. If it is not possible to give thirty days’ notice, the employee must give as much notice as is practicable. An employee who is to undergo planned medical treatment is required to make a reasonable effort to schedule the treatment in order to minimize disruptions to the county’s operations.

If an employee fails to provide three days’ notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least thirty days from the date the employer receives the notice. While on leave, employees are requested to report periodically to the county regarding the status of the medical condition and their intent to return to work.

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

An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to twenty-six weeks of leave in a single twelve-month period to care for the service member. This military caregiver leave is available during a single twelve-month period during which an eligible employee is entitled to a combined total of twenty-six weeks of all types of FMLA. (Res. 2011-31 (§ 8.2), 4/11/11: Res. 2010-01 (§ 8.2), 1/4/10: Res. 2009-12 (§ 8.2), 1/26/09: Res. 2007-171 (§ 8.2), 12/17/07: Res. 2006-37 (§ 8.2), 3/27/06).

1.20.790 Military leave.

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

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

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

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

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

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

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

Contact the commissioners’ office for more information or questions about military leave. (Res. 2011-31 (§ 8.3), 4/11/11: Res. 2010-01 (§ 8.3), 1/4/10: Res. 2009-12 (§ 8.3), 1/26/09: Res. 2007-171 (§ 8.3), 12/17/07: Res. 2006-37 (§ 8.3), 3/27/06).

1.20.800 Pregnancy disability leave and Washington family leave.

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

Pregnancy disability leave has no length of service requirement, does not run concurrently with Washington Family Leave Act (FLA), has no set amount of leave, has reinstatement, and is a separate and distinct entitlement from FMLA. Requests for time off associated with pregnancy and/or childbirth, such as bonding and child care, not related to medical disabilities for those conditions will be considered in the same manner as other requests for unpaid family or personal leave. See the FMLA or FLA, county sick leave policies and collective bargaining agreements for additional information.

The Washington Family Leave Act (FLA) has the same eligibility requirements as FMLA and also allows for a total of twelve weeks in a twelve-month period for the birth of a child and/or to care for a newborn child. The FLA does not require the continuation of employer-paid health care benefits like FMLA, but does require that the employee be allowed to continue benefit coverage at their own expense. FMLA leave may run concurrently with FLA leave and pregnancy disability leave. FLA and pregnancy disability leave do not run concurrently. (Res. 2011-31 (§ 8.4), 4/11/11: Res. 2010-01 (§ 8.4), 1/4/10: Res. 2009-12 (§ 8.4), 1/26/09: Res. 2007-171 (§ 8.4), 12/17/07: Res. 2006-37 (§ 8.4), 3/27/06).

1.20.805 Domestic violence leave.

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

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

(c) The employee must give advance notice when possible and may elect to use available paid leave or unpaid leave. Verification may be required from one of the following:

(1) A police report indicating the employee or the employee’s family member was a victim.

(2) A court order providing protection to the victim.

(3) Documentation from a health care provider, advocate, clergy, or attorney.

(4) A written statement from the employee that the employee or the employee’s family member is a victim and needs assistance. (Res. 2011-31 (§ 8.5), 4/11/11: Res. 2010-01 (§ 8.5), 1/4/10: Res. 2009-12 (§ 8.5), 1/26/09).

1.20.810 Jury duty.

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

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

(1) Permanent full-time employees;

(2) Permanent part-time employees.

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

(d) Either Chelan County or the employee may request an excuse from jury duty if, in Chelan County’s judgment, the employee’s absence would create serious operational difficulties.

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

(f) Vacation, sick leave, and holiday benefits will continue to accrue during jury duty leave. (Res. 2011-31 (§ 8.6), 4/11/11: Res. 2010-01 (§ 8.6), 1/4/10: Res. 2009-12 (§ 8.6), 1/26/09: Res. 2007-171 (§ 8.5), 12/17/07: Res. 2006-37 (§ 8.5), 3/27/06).

1.20.820 Witness duty.

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

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

(1) Permanent full-time;

(2) Permanent part-time.

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

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

The subpoena should be shown to the employee’s supervisor immediately after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee’s absence. The employee is expected to report for work whenever the court schedule permits. (Res. 2011-31 (§ 8.7), 4/11/11: Res. 2010-01 (§ 8.7), 1/4/10: Res. 2009-12 (§ 8.7), 1/26/09: Res. 2007-171 (§ 8.6), 12/17/07: Res. 2006-37 (§ 8.6), 3/27/06).

1.20.830 Bereavement leave.

(a) Bereavement leave may be taken, when verified by the employee’s supervisor, in the event of a death in the immediate family of the employee. Paid leave for such reason shall be limited to three days in any one instance. “Immediate family” shall include only parents, wife, husband, children, grandparents, siblings, grandchildren, and in-law relations of the same. Two days of sick leave may be allowed if the additional time is necessary by reason of travel distance.

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

(1) Permanent full-time employees;

(2) Permanent part-time employees.

(c) Bereavement pay is calculated based on the base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift differentials.

(d) Bereavement leave will normally be granted unless there are unusual business needs or staffing requirements. (Res. 2011-31 (§ 8.8), 4/11/11: Res. 2010-01 (§ 8.8), 1/4/10: Res. 2009-12 (§ 8.8), 1/26/09: Res. 2007-171 (§ 8.7), 12/17/07: Res. 2006-37 (§ 8.7), 3/27/06).

Length of Service	Regular Annual Leave Hours	Longevity Bonus Hours	Total
1	96	0	96
2	96	8	104
3	96	16	112
5	96	24	120
10	96	32	128
15	96	48	144
20	96	64	160
25	96	80	176

Length of Service	Regular Annual Leave Hours	Longevity Bonus Hours	Total
1	96	0	96
2	96	8	104
3	96	16	112
5	96	24	120
10	96	32	128
15	96	48	144
20	96	64	160
25	96	80	176