Human Resources
Policies and Procedures
Series 500 - Benefits
TABLE OF CONTENTS
► Policy 502 Civic Leave
◦ Procedure 502-1 Civic Leave Guidelines
► Policy 503 Family and Medical Leave Act
◦ Procedure 503-1 Family and Medical Leave Guidelines
► Policy 504 Fixed and Personal Holidays
◦ Procedure 504-1 Fixed and Personal Holiday Guidelines
► Policy 505 Military Leave
◦ Procedure 505-1 Military Leave Guidelines
► Policy 506 Personal Leave of Absence
◦ Procedure 506-1 Personal Leave of Absence Guidelines
► Policy 507 Shared Leave
◦ Procedure 507-1 Shared Leave Guidelines
► Policy 508 Sick Leave
◦ Procedure 508-1 Sick Leave Guidelines
► Policy 509 Vacation Leave
◦ Procedure 509-1 Vacation Leave Guidelines
► Policy 510 Employee Benefit Options
◦ Procedure 510-1 Employee Benefit Options Guidelines
► Policy 511 Retirement Programs
◦ Procedure 511-1 Retirement and Disability Benefits
► Policy 512 Educational Reimbursement Program
◦ Procedure 512-1 Educational Reimbursement Program Guidelines
► Policy 513 Workers’ Compensation Benefits
◦ Procedure 513-1 Workers’ Compensation Benefits Guidelines
► Policy 514 Employee Assistant Program
◦ Procedure 514-1 Employee Assistance Program Guidelines
► Policy 515 Taxable Fringe Benefits, Allowances, & Reimbursements
◦ Procedure 515-1 Taxable Fringe Benefits-Vehicles
◦ Procedure 515-2 Portable Communication Devices
POLICY 501
BEREAVEMENT LEAVE
PURPOSE
The purpose of this Policy is to describe the conditions under which eligible employees will be provided paid leave during times of personal bereavement, enabling employees to attend funeral services and attend to personal affairs due to the death of a family member.
POLICY
It is the policy of the Johnson County Government to provide an opportunity for a leave of absence from the employee’s regularly scheduled work hours due to the death of an immediate family member, to the extent reasonably practical for the County to grant such leave of absence.
All full-time regular and part-time regular employees are eligible for bereavement leave. Bereavement leave will be paid at the employee’s regular base rate of pay. Maximum bereavement leave hours will be provided as follows:
|
Employee Type |
Maximum Bereavement Leave Hours |
|
PT Regular |
12 hours |
|
FT Regular (40 hr/wk or 12 hr shifts) |
24 hours (three (3) business days or two (2) 12-hour shifts) |
|
FT Regular (24 hr shift) |
48 hours (two (2) 24-hour shifts) |
Bereavement leave, even though compensated, will not count as hours worked for the purposes of calculating overtime.
The County Manager is authorized to establish Human Resource Procedures related to bereavement leave consistent with this Policy, including defining the term “immediate family member.”
Procedure 501-1
BEREAVEMENT LEAVE GUIDELINES
OVERVIEW
This Procedure establishes the process for requesting and approving bereavement leave.
STANDARDS
For purposes of this policy, an “immediate family member” is defined as: father, mother, brother, sister, spouse, children, grandmother, grandfather, and grandchildren, including corresponding in-law and step relationships, aunt, uncle, niece, nephew, or a person who fills the substantially equivalent relationship in each case, whether by legally established relationship or not.
Employees who have been granted bereavement leave may, with approval of Department/Agency Leaders, use accrued vacation, personal holiday, compensatory time, or leave without pay for additional time off as necessary.
Employees who wish to attend funerals of persons other than immediate family members, for which bereavement leave is not available, may, with approval of Department/Agency Leaders, use vacation leave, personal holidays, compensatory time, or leave without pay.
PROCEDURES
Employees will request bereavement leave consistent with department/agency leave procedures. Employees must provide practical and reasonable notice of their requests, and where possible, do so in writing.
Employees are responsible for providing information concerning their relationship to the deceased so Department/Agency Leaders may make an appropriate decision whether bereavement leave will be provided and the amount of bereavement leave or other time off to be provided.
Department/Agency Leaders are responsible to apply the bereavement leave policy evenly and fairly and shall send notice of any bereavement leave granted or denied to the OFM Benefits Division.
POLICY 502
CIVIC LEAVE
PURPOSE
The purpose of this Policy is to provide eligible employees with time off from regular work hours, as necessary, to meet civic responsibilities or to attend to certain civic duties.
POLICY
It is the policy of the Johnson County Government to assist employees with meeting their civic responsibilities and to allow employees to take time off from their regularly scheduled work hours to attend to civic duties, to the extent that the time required for the leave can be accommodated and it is reasonably practical for the conduct of County operations to grant such leave of absence.
Full-time regular and part-time regular employees are eligible for civic leave. Civic leave, if approved, will be paid at the employee’s regular base rate of pay, without offset or deduction for any fees or expenses that the employee may otherwise be paid for said civic duties.
Civic leave, even though compensated, will not count as hours worked for the purposes of calculating overtime.
The County Manager is authorized to establish Human Resource Procedures related to civic leave and pay consistent with this Policy, including defining the term “civic duties.”
PROCEDURE 502-1
CIVIC LEAVE GUIDELINES
OVERVIEW
This Procedure covers the County’s process for authorizing civic leave for employees.
STANDARDS
An eligible employee may be granted civic leave with pay when:
· called to jury duty;
· voting in a local, state or federal election (as required by law);
· appearing in court or before an judicial agency to answer a subpoena or summons;
· responding to or assisting in criminal investigations; or
· appearing as a witness in civil or criminal court proceedings or administrative hearings.
Civic leave will not be granted if:
· the employee is in court in a personal matter as the plaintiff or defendant in a civil case or as the defendant in a criminal matter; or,
· the employee has been asked to appear as a character witness in a criminal or civil case; or,
· the employee is voluntarily acting as an expert witness for a fee.
The employee will not owe money to the County that was earned from the court for time served as a juror or was paid to the employee for witness fees or mileage.
PROCEDURES
A. Upon receiving notice of jury duty or other civic responsibilities as described in this procedure, an employee will request civic leave in writing, consistent with department/agency leave procedures.
B. Department/Agency Leaders will approve requests for civic leave for employees called to jury duty or appearing in answer to a subpoena or summons. All other civic leave requests shall be approved, unless business requirements make a work accommodation impractical. If a work accommodation is impractical, then Department/Agency Leaders may request that the employee try to reschedule the civic responsibility and assist the employee in doing so.
C. This Procedure will apply during the regularly scheduled work hours for the employee. In exceptional circumstances, Department/Agency Leaders may adjust work schedules or apply civic leave hours for employees who work 24-hour schedules, or evening and night shifts, to accommodate time to report to work or attend to necessary personal matters.
POLICY 503
FAMILY AND MEDICAL LEAVE ACT
PURPOSE
The purpose of this Policy is to notify employees of their rights under the Family and Medical Leave Act (FMLA).
POLICY
It is the policy of the County to provide eligible employees with up to twelve (12) weeks of unpaid, job-protected leave and continuing pre-existing health coverage in a twelve-month period. The County will comply with all applicable requirements of the FMLA.
The 12-month period is a rolling period measured backward from the date an employee uses any FMLA leave.
Employee Eligibility
Eligible employees are employees who: (1) have worked for the County for at least twelve (12) months (time does not have to be consecutive); and, (2) have worked for the County for at least 1,250 hours in the twelve (12) months immediately preceding the date that leave is to begin.
Leave Entitlement
Eligible employees may take leave for the following reasons: (1) to care for the employee’s child upon birth or in connection with a child’s placement with the employee for adoption or foster care; (2) to care for a parent, spouse, or child (a child under 18 years of age or 18 years of age or older and incapable of self-care because of a mental or physical disability) with a serious health condition; or (3) when the employee is unable to work because of the employee’s own serious health condition.
Notice and Certification
If the need is foreseeable, employees ordinarily must provide the County at least thirty (30) days notice of the need for leave. If the employee’s need is not foreseeable, the employee should give as much notice as is practical. When leave is needed to care for an immediate family member or for the employee’s own illness and is for planned medical treatment, the employee must try to schedule treatment in order to minimize disruptions of the County’s operations.
In addition, employees who need leave for his or her own, or a family member’s serious health condition must provide medical certification from a health care provider of the condition. The County also may require a second, and if necessary, a third opinion (at the County’s expense), periodic re-certifications of the serious health condition, and, when the leave is a result of the employee’s own serious health condition, a fitness for duty report to return to work.
The County may delay approval of leave to employees who do not provide proper advance notice of the foreseeable need for leave. The County also may delay or deny approval of leave for lack of proper medical certification.
Benefits During FMLA Leave
Employees taking leave under the FMLA shall be eligible to receive medical, dental and vision insurance benefits during the leave at the same level and terms of coverage as if they had been working throughout the leave. Arrangements will be made for employees to pay their share of medical, dental and vision insurance contributions while on leave. If an employee chooses not to return to work from FMLA leave, the County may be entitled to recover contributions it paid to maintain medical, dental, or vision insurance coverage during the leave.
An employee’s use of FMLA leave will not result in the loss of any employment benefits that accrued prior to the start of the employee’s leave. However, the employee must use accrued paid vacation leave, personal holidays, or sick leave during FMLA leave. An employee on FMLA leave will not accrue any additional employment benefits except seniority during any period of unpaid leave; however, employment benefits will accrue when an employee is using paid leave.
Job Restoration After FMLA Leave
The County will reinstate an employee returning from FMLA leave to the same or equivalent position with equivalent pay, benefits, and other employment terms and conditions. An employee on FMLA leave, however, does not have any greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period. The County will not consider the use of FMLA leave as a negative factor in any employment action or in assessing an employee’s attendance. Employees who have taken leave for their own serious health condition must obtain medical certification that they are able to resume work – specifically, that they meet the fitness for duty requirements of their positions.
Certain highly compensated key employees also may be denied reinstatement when necessary to prevent “substantial and grievous economic injury” to the County’s operations. A “key” employee is an eligible salaried employee who is among the highest paid 10% of employees. Employees will be notified of their status as a key employee, when applicable, after they request FMLA leave.
Prohibited Acts
It shall be a violation of this Policy for any elected or appointed official, executive, manager, supervisor, or employee to interfere with, restrain, or deny the exercise of any right provided by this Policy and the FMLA or to discharge or discriminate against any individual for exercising his/her rights under or opposing any practice in violation of the FMLA.
PROCEDURE 503-1
FMLA GUIDELINES
OVERVIEW
This Procedure is intended to provide employees, supervisors, and managers with further guidance and assistance in making use of and administering the County’s FMLA Policy.
PROCEDURE
A. Leave Entitlement
1. FMLA leave may be taken to care for the employee’s child upon birth or in connection with a child’s placement with the employee for adoption or foster care.
a. FMLA leave for birth or placement for adoption or foster care must conclude within twelve (12) months of the birth or placement.
b. Spouses who are both employed by the County are jointly entitled to a combined leave of twelve (12) workweeks in the 12-month period for the birth or placement of a child for adoption or foster care.
c. Employees may take their FMLA leave intermittently or on a reduced work schedule to care for a child upon birth or placement for adoption only with the County’s permission.
2. FMLA leave may be taken to care for a parent, spouse, or child with a serious health condition.
a. Spouses employed by the County are jointly entitled to a combined leave of twelve (12) workweeks of family leave in the 12-month period to care for a parent who has a serious health condition. However, each spouse may take up to twelve (12) workweeks of leave to care for a child or spouse with a serious health condition.
b. A “serious health condition” is an illness, injury, impairment, or physical or mental condition that involved: (1) inpatient care (i.e., an overnight stay), including any period of incapacity or any subsequent treatment in connection with the inpatient care; or (2) “continuing treatment” by a health care provider which includes any period of incapacity as a result of:
i. a health condition lasting more than three (3) consecutive days and any subsequent treatment or period of incapacity relating to the same condition that also includes (i) treatment two or more times by or under the supervision of a health care provider; or (ii) one treatment by a health care provider with a continuing regimen of treatment;
ii. pregnancy or prenatal care, including severe morning sickness;
iii. a chronic serious health condition that continues over an extended period of time, requires periodic visits to a health care provider, and may involve occasional episodes of incapacity;
iv. a permanent or long-term condition for which treatment may not be effective, if the employee is under the supervision of a health care provider (but not necessarily receiving active treatment); or
v. any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three (3) days if not treated. (For further information on what is considered “continuing treatment,” contact the Department of Human Resources.)
3. FMLA leave may be taken when the employee is unable to work because of the employee’s own serious health condition. Please see 2b above for the definition of “serious health condition.”
B. Manner of Taking Leave
1. Continuous – a number of consecutive days up to twelve (12) workweeks;
2. Intermittent or reduced schedule leaves:
a. May be taken because of the serious health condition of an employee or to care for the employee’s parent, spouse, or child with a serious health condition when medically necessary.
b. May be taken to care for the employee’s child upon birth or in connection with a child’s placement with the employee for adoption or foster care only upon the specific approval of the Department of Human Resources after consultation with the employee’s Department/Agency Leader.
c. The County may temporarily transfer an employee to an alternative position with equivalent pay and benefits in order to accommodate intermittent leave or a reduced leave schedule if the employee is qualified for the position and it better accommodates recurring periods of leave.
d. An employee using FMLA leave on an intermittent or reduced schedule basis shall attempt to work out a schedule that meets the employee’s needs without unduly disrupting the County’s operations, when medically appropriate. Employees are expected to consult with their supervisor before scheduling treatment, whenever possible, to work out a schedule that suits the needs of both the employee and the County.
3. Eligible part-time employees, or employees who work variable schedules, shall be entitled to leave on a pro rata basis.
C. Notice and Scheduling
1. An employee giving notice of the need for FMLA leave must explain the reason for the leave to allow the County to determine whether the leave qualifies for FMLA leave. If an employee refuses to explain the reason for the leave, FMLA leave may be denied.
2. If an employee requests leave to care for the employee’s child upon birth or in connection with a child’s placement with the employee for adoption or foster care and the date of such requested leave is foreseeable, the employee shall provide the County with at least thirty (30) days notice of the anticipated date the leave is to begin. If the date of the birth or placement requires less than thirty (30) days notice, the employee shall provide notice as early as is practicable.
3. In any case in which leave is requested or taken because of the employee’s serious health condition or to care for the serious health condition of a covered family member and is foreseeable based upon planned medical treatment, the employee shall take reasonable steps to schedule treatment so as not to unduly disrupt County operations, and, when possible, provide thirty (30) days notice of the employee’s intention to take leave – if the date of the treatment requires leave to begin in less than thirty (30) days, the employee should give notice as early as is practicable.
4. If an employee fails to give thirty (30) days notice for foreseeable leave with no reasonable excuse, the County may deny leave until thirty (30) days after the employee provides notice.
5. No employee will be denied leave for failing to provide notice if it was not reasonably practical to provide notice under the circumstances or if the need for leave was not foreseeable.
6. At the request of his/her supervisor, an employee on FMLA leave shall report his/her intention to return to work every thirty (30) days.
D. Certification
1. When an employee seeks leave to care for a parent, spouse, or child with a serious health condition, the employee must obtain and submit a certification issued by the covered family member’s health care provider that the employee is needed to care for such family member.
2. When the employee is unable to work because of the employee’s own serious health condition, the employee must obtain and submit a certification issued by the employee’s health care provider that the condition makes the employee unable to perform the essential functions of the employee’s position.
3. If an employee seeks FMLA leave on an intermittent or reduced schedule basis, the certification issued by the health care provider must include: (a) a statement that this type of leave is a medical necessity or that such leave is necessary to care for the family member or will assist the family member’s recovery; and, (b) the expected duration and schedule of such leave.
4. The County may require the employee to obtain a second certification from a County-designated health care provider, at the County’s expense. If the medical opinions differ and the differences cannot be resolved, the County may require a third certification at the County’s expense. The third opinion shall be final and binding.
5. Upon returning from leave, an employee whose FMLA leave was due to the employee’s own serious health condition must submit certification from his/her health care provider that the employee is able to perform the essential functions of his/her position. The employee will not be reinstated until the fitness for duty certification is submitted.
6. In ordinary circumstances, a single certification of a need for leave shall be adequate for the entire duration of that leave – including intermittent leave. The County will require recertification during the period of leave for pregnancy (but not to care for the employee’s child upon birth or in connection with a child’s placement with the employee for adoption or foster care), chronic or permanent/long-term conditions, however, if:
a. the employee requests an extension of leave;
b. circumstances described by the original certification have changed significantly; or,
c. the County receives information that casts doubt upon the continuing validity of the original certification.
7. If an employee fails to provide a certification required by this Procedure within a reasonable time, the County may deny approval of the leave or continuation of the leave until certification is provided.
E. Concurrent Use of Paid Leave
1. FMLA leave is unpaid, but employees must concurrently utilize vacation or sick leave, or personal holiday time if available, while on FMLA leave.
2. If an employee exhausts his/her paid leave time, any remaining FMLA leave shall be unpaid.
3. An employee’s twelve (12) week FMLA entitlement will run concurrently with any leave taken under Workers’ Compensation or other injury benefits program when the injury is one that meets the definition of a serious health condition.
4. An employee may be retroactively placed on FMLA leave after leave has begun if the reason for the leave is determined to be an FMLA qualifying event. Based on the information provided by the employee, the County will determine whether leave used by the employee shall be counted as FMLA leave and will immediately notify the employee. If leave is subsequently designated as FMLA leave by the County, the employee must comply with the requirements of the FMLA Policy and Procedure.
F. Maintenance of Benefits
1. Employees taking leave under the FMLA shall receive health benefits during the leave at the same level and terms of coverage as if they had been working throughout the leave. In order to maintain insurance coverage during any portion of the leave that is unpaid, the employee is required to pay all contributions to medical and dental insurance that would ordinarily be deducted from his/her paycheck. Failure to make payments will result in the loss of benefit coverage and will relieve the County of the obligation to make its portion of the payment for the employee’s coverage. A payment which is more than thirty (30) days late is considered to be a failure to pay. Canceled health coverage will be reinstated upon the employee’s request when the employee returns to work on the same terms as prior to the cancellation, without any qualifying or exclusionary period.
2. Except as required by the Public Health Act and the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), the County’s obligation to maintain health benefits under FMLA ceases:
a. if and when an employee informs the County of his/her intent not to return to work;
b. if the employee fails to return from leave;
c. if the employee exhausts his/her leave entitlement and does not return; or,
d. if the employee fails to make timely payment for his/her portion of the medical, dental or vision insurance contribution.
3. If an employee does not return to work after the period of FMLA leave expires, the employee may be required to reimburse the County for the County’s share of the medical, dental and vision insurance contribution during any period of unpaid leave, unless the reason the employee does not return to work is the continuation, onset or recurrence of a serious health condition in the employee or covered family member or otherwise beyond the control of the employee.
4. An employee on FMLA may have an opportunity to continue participation in the Medical Bank and Dependent Care Reimbursement programs. Opportunities vary based on whether the leave is paid or unpaid. Employees should contact the OFM-Benefits Division for more information.
An employee on FMLA leave may continue voluntary participation in flexible benefit plans, short-term disability, and supplemental life insurance. In order to maintain such benefits, the employee is required to pay all contributions that would normally be deducted from his/her paycheck. Failure to make such contributions will result in the loss of benefit coverage. A payment which is more than thirty (30) days late is considered to be a failure to pay. Coverage will be reinstated upon the employee’s request when the employee returns to work, without any qualifying or exclusionary period.
G. Job Restoration
1. The County will reinstate an employee returning from FMLA leave to the same or equivalent position with equivalent pay, benefits, and other employment terms and conditions.
2. If the employee is unable to perform the essential functions of the position either with or without a reasonable accommodation because of a physical or mental condition, including continuation of the same condition for which the employee sought leave, the employee is not entitled to restoration to the same or another position under the FMLA.
3. An employee on FMLA leave does not have any greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period.
4. Certain highly compensated key employees also may not be eligible for reinstatement when necessary to prevent “substantial and grievous economic injury” to the County’s operations. A “key” employee is an eligible salaried employee who is among the highest paid 10% of employees. Employees will be notified of their status as a key employee, when applicable, after they request FMLA leave, or upon determination that provision of reinstatement rights would cause a substantial and grievous economic injury to the County.
5. The County will not use the utilization of FMLA leave as a negative factor in any employment action or in assessing an employee’s attendance.
H. Administration
1. The Department of Human Resources shall administer the FMLA Policy and Procedure in consultation with the Legal Department and OFM-Benefits Division.
2. The Department of Human Resources is authorized to develop HR Practices consistent with this Procedure to facilitate the implementation of the County’s FMLA Policy and FMLA Procedure.
For more information, employees may contact the Department of Human Resources.
POLICY 504
FIXED AND PERSONAL HOLIDAYS
PURPOSE
The purpose of this Policy is to establish holidays for Johnson County Government with the goal of balancing the interests of the public in having access and availability of government services, honoring and celebrating dates of recognition for the public and employees, and recognizing the importance of family time and traditions for County employees.
POLICY
It is the policy of the Johnson County Government to establish fixed holidays to allow citizens and employees to plan for the closing of Johnson County Government offices. It is also the policy of the Johnson County Government to provide employees with additional flexible holidays recognizing the importance of family time and traditions.
The County shall observe the following holidays annually, unless modified by official action of the Board of County Commissioners:
1. New Year’s Day;
2. Martin Luther King, Jr. Day;
3. Memorial Day;
4. Independence Day;
5. Labor Day;
6. Veterans’ Day;
7. Thanksgiving Day;
8. The day after Thanksgiving Day; and
9. Christmas Day.
Holidays are observed on the actual date of the holiday except whenever a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. The County will observe an additional fixed holiday the date of December 24 whenever that date occurs on a Monday, and the date of December 26 whenever that date occurs on a Friday. Departments/agencies with 7-day, 24-hour operations may choose to pay the holiday rate for either the actual holiday or the designated holiday worked for the purpose of determining uniform compensation.
The offices of the County, its agencies, departments, and officials, except to the extent necessary to provide essential emergency or public safety operations shall be closed on the observance date for each of the designated holidays.
The Board of County Commissioners may from time to time, without closing the County offices, authorize, conduct, or participate in observance activities designated to celebrate or honor other dates, persons, or events.
In addition to the fixed holidays, full-time regular employees will be provided additional personal holidays each year, such that the total of fixed and personal holidays shall not exceed twelve (12) days.
Full-time and part-time regular employees will be compensated for the fixed holidays if they:
1. are active employees or are on a paid leave of absence; and
2. work their regularly scheduled hours the work day immediately before and the work day immediately after the holiday (unless an absence from work on those days is authorized or unless such a requirement is not permitted by applicable law).
Full-time regular employees in non-exempt positions, other than those assigned to twenty-four hour shifts, that are not scheduled to work on an observed holiday are compensated eight (8) hours of holiday pay. Part-time regular employees that are not scheduled to work on an observed holiday are compensated four (4) hours of holiday pay. Exempt full-time regular and part-time regular employees will receive their normal weekly salary during a week that includes an observed holiday(s), whether or not they work on the day the holiday is observed.
Non-exempt full-time regular and part-time regular employees, other than those assigned to a twenty-four hour shift, who are required to work on an observed holiday, shall be paid at time and one-half their normal rate of pay for those hours actually worked on the observed holiday in addition to the eight (full-time) or four (part-time) hours of holiday pay.
Employees assigned to a twenty-four hour shift whose regular day off falls on an observed holiday are compensated twelve (12) hours of holiday pay. Twenty-four hour shift employees who are required to work on an observed holiday shall be paid at two times their normal rate of pay for those hours actually worked.
At the option of Department/Agency Leaders, compensation provided for time actually worked on an observed holiday may be either in the form of pay or additional personal holiday hours. However, this does not relieve the requirement to pay overtime for hours worked in excess of the maximum hours allowed in a work period for non-exempt employees.
Holiday time, even though compensated, will not count as hours worked for the purposes of calculating overtime.
PROCEDURE 504-1
FIXED AND PERSONAL HOLIDAY GUIDELINES
OVERVIEW
This Procedure establishes the County’s process for providing fixed holidays and personal holidays for employees.
Fixed Holidays
STANDARDS
The County Manager or designee will publish a schedule of the designated holidays for the next year prior to November 15 of each year and distribute to interested persons, officials, and employees.
The fixed holidays for the County will be observed in accordance with the following dates:
1. New Year’s Day will be observed on January 1;
2. Martin Luther King, Jr. Day will be observed on the third Monday in January;
3. Memorial Day will be observed on the last Monday in May;
4. Independence Day will be observed on July 4;
5. Labor Day will be observed on the first Monday in September;
6. Veterans’ Day will be observed on November 11;
7. Thanksgiving Day will be observed on the fourth Thursday in November;
8. The day after Thanksgiving will be observed on that date; and
9. Christmas Day will be observed on December 25.
All full-time regular and part-time regular employees are eligible for holiday compensation. Departments/agencies with 7-day, 24-hour operations may choose to pay the holiday rate for either the actual holiday or the designated holiday worked for the purpose of determining uniform compensation.
Holiday pay will not be paid to an employee who does not work on his/her regularly scheduled workday before or after a designated holiday due to an unauthorized absence. An unauthorized absence is one in which the employee did not follow the department/agency leave request procedures.
An employee may not start or terminate employment on a holiday and be paid for the holiday unless the employee actually works on the holiday, or unless otherwise approved by the Department/Agency Leader.
Employees on leave of absence without pay will not be compensated for designated holidays.
If an employee is scheduled to work on a designated holiday and is sick, holiday pay (either 8 or 24 hours) will be paid.
Employees who follow the State of Kansas Judicial Holiday calendar will be paid according to the fixed holidays dictated by that schedule and any additional fixed holidays approved by the Board of County Commissioners.
At the option of Department/Agency Leaders, premium holiday compensation may be either in pay or additional personal holiday hours. However, this does not relieve the requirement to pay overtime for hours worked in excess of the maximum hours allowed in a work period for non-exempt employees.
Personal Holidays
Standards
All full-time regular employees will be provided three (3) additional personal holidays each year, except during those years in which December 24 or December 26 is designated as a fixed holiday, in which case employees will be provided two (2) personal holidays. Personal holidays will be provided as follows:
|
Employee Type |
Annual Personal Holiday Hours |
|
40-hr/wk or 12 hr shift Employee |
24 hours or 16 hours |
|
24 hr shift Employee |
36 hours or 24 hours |
Personal holiday time may be used as soon as it has been credited to the employee.
Employees will not be compensated for unused personal holidays upon separation of employment.
PROCEDURES
A. When three (3) personal holidays are available, they will be provided as follows:
· Employees who follow the State of Kansas Judicial Holiday calendar will receive personal holidays only in the event that fixed holidays designated by the State and the County do not exceed twelve (12) annually. Existing employees and employees hired between the first payroll period of a new calendar year through April = 3 personal holidays
· Employees hired May through August = 2 personal holidays
· Employees hired September through the November 30th = 1 personal holiday
· Employees hired on or after December 1st = 0 personal holidays
B. When two (2) personal holidays are available, they will be provided as follows:
· Existing employees and employees hired between the first payroll period of a new calendar year through June 30th = 2 personal holidays
· Employees hired July 1st through November 30th = 1 personal holiday
· Employees hired on or after December 1st = 0 personal holidays
C. Personal holidays will be credited to existing employees in the first payroll period of each calendar year. Personal holidays will be credited to new employees in the first full pay period following the date of hire.
D. Personal holidays will be forfeited if not used by the last day of the last payroll period of the calendar year, prior to termination of employment, or prior to transfer to a position not eligible to receive personal holiday benefits.
E. Employees who terminate and are rehired during the same year will receive personal holidays based on the date of rehire.
F. Employees will request personal holiday usage in accordance with department/agency leave request procedures. Failure to do so may result in denial of personal holiday leave request.
G. Department/Agency Leaders will consider staffing requirements when reviewing personal holiday leave requests and may deny requests on that basis.
POLICY 505
MILITARY LEAVE
PURPOSE
The purpose of this Policy is to establish the County’s military leave provisions as required by the Uniformed Services Employment and Re-employment Rights Act (USERRA).
POLICY
It is the policy of the Johnson County Government to provide military leave and reinstatement rights to eligible employees in a manner that benefits our employees and meets requirements of the Uniformed Services Employment and Re-employment Rights Act (USERRA).
A military leave of absence will be granted if an employee is absent in order to serve in the uniformed services of the United States for a period of up to five years (not including certain involuntary extensions of service). An employee is eligible for military leave beginning the first day of employment. Employees who perform and return from service in the Armed Forces, the Military Reserves, the National Guard, or certain Public Health Service positions will retain certain rights with respect to reinstatement, seniority, layoffs, compensation, length of service promotions, and length of service pay increases, as required by applicable federal or state law.
Employees who take a military leave of absence shall retain and accrue those County benefits which are earned due to seniority. Time off for military leave will not count against the employee’s attendance record.
The County will grant any full-time regular employee who is a member of the organized reserves or any branch of the Armed Forces of the United States, including the National Guard, and certain Public Health Services positions specified in the USERRA, and who is called to active duty up to ten (10) days of paid military leave in a calendar year. Such leave will not count against accrued vacation or sick leave.
Military leave, without pay, may be approved to include time spent while in training or on active duty beyond ten (10) business days in a calendar year and will extend through ninety (90) days after release from service in the regular armed forces; or three (3) days after release from compulsory basic, advanced, and/or officers’ training for the armed forces, reserves, or National Guard.
Military leave, even though compensated, will not count as hours worked for the purposes of calculating overtime.
Subject to the terms, conditions, and limitations of the applicable plans for which the employee is otherwise eligible, benefits may be continued during a military leave of absence provided that the employee makes timely and proper payment of the premiums for said coverage.
Veterans who satisfactorily complete service in the uniformed services will be restored to their previous position consistent with the guidelines established under USERRA.
A veteran returning to active employment with the County after military leave under this Policy shall be discharged from employment for cause only:
1. for one year after the date of reemployment, if his/her period of military service before reemployment was more than 180 days; or
2. for 180 days after the date of reemployment, if his/her period of military service before reemployment was more than 30 days, but less than 181 days.
The County Manager is authorized to establish Human Resource Procedures related to military leave, consistent with this Policy and with the Uniformed Services Employment and Re-employment Rights Act.
(Rev. Eff. 01-01-07)
PROCEDURE 505-1
MILITARY LEAVE GUIDELINES
OVERVIEW
This Procedure covers the County’s guidelines for military leave and for providing compensation and benefits for employees on an approved leave.
STANDARDS
The County will grant military leave to those employees who are members of the organized reserves or any branch of the Armed Forces of the United States, including the National Guard, or certain Public Health Services positions, who are called to active duty. Paid military leave is available to full-time regular employees only.
Any full-time regular employee who is absent from a regularly scheduled day of work for a military pre-induction physical examination will receive pay for that day. If a second day is needed, a supporting certificate from the examining officer will be required to receive pay.
Employees may request, and be granted the opportunity to use accrued vacation, sick, personal holiday, or compensatory hours should the approved military leave extend beyond ten (10) days.
An employee returning from military leave from service in the regular armed forces shall be reinstated in his/her former position or a similar position without loss of status or a reduction in pay. A veteran wishing to return to employment must contact the Department of Human Resources to request reinstatement within ninety (90) days after release from service. Individuals on leave of a temporary nature will not need to make application for reinstatement.
An employee called to active military duty may continue health and/or dental insurance the same as an active employee. If an employee elects not to continue health and/or dental insurance and successfully completes military service, his/her coverage shall be effective immediately upon the employee’s return to employment and with no restrictions, pre-existing condition limitations, or waiting periods.
Vacation and sick leave accruals will be suspended when an employee called to active duty is placed on military leave without pay. Previously accrued and unused vacation and sick leave balances will be reinstated upon the employee's return to active work unless used as a part of the leave.
PROCEDURES
A. An employee will notify Department/Agency Leaders of impending active military duty. An employee will request military leave by utilizing the department/agency leave request procedures.
B. Department/Agency Leaders will schedule and maintain a record of military leave.
C. Departments/agencies shall contact the Benefits Division of the Office of Financial Management when an employee has requested and been approved for military leave, so that the employee may be advised of his/her options concerning elective benefits.
D. If the employee elects to keep current health/dental coverage in effect, the employee’s portion of the applicable insurance contributions are due and payable the first of the month for which the employee is paying. A payment which is more than thirty (30) days late is considered to be a failure to make timely payment, and coverage may be terminated. Should coverage be terminated, the employee will be offered continuation coverage in accordance with COBRA and any other applicable regulations.
E. Employees who elect to continue health and/or dental coverage under the County's plan will receive credit for the monthly benefit allocation when contributions are calculated. No benefit allocation will be credited to employees who do not elect to continue health and/or dental coverage or to employees who elect to continue health and/or dental coverage under COBRA or other regulatory provisions.
F. The basic benefits of the County-provided life insurance remain in effect while an employee is on approved military leave, for a maximum period of five years. The accidental death and dismemberment benefit will be suspended while an employee is on active military duty.
G. The voluntary group term life insurance benefit remains in effect for 90 days after an employee is called to active duty, providing the required premiums are paid. After 90 days, coverage will be suspended pending return to active work status.
H. Departments/agencies shall contact the Department of Human Resources when an employee returns from military leave in excess of 30 days to ensure the employee is reinstated without loss of status or reduction in pay.
(Rev. Eff. 01-01-07)
POLICY 506
PERSONAL LEAVE OF ABSENCE
PURPOSE
The purpose of this Policy is to provide the opportunity for employees who are without accrued paid leave to request a voluntary personal leave of absence.
POLICY
It is the policy of the Johnson County Government to provide a leave of absence for personal reasons to employees in situations where the County believes that the employee’s absence from work would be in the interests of the County and the employee, and such leave of absence is not covered by any other leave policy. A personal leave of absence is unpaid leave.
While it is the County’s intent to allow an employee to return to his/her original position at the end of an approved personal leave of absence, it is not possible to guarantee that a position will be available.
The County Manager is authorized to establish Human Resource Procedures appropriate to implement this Policy.
PROCEDURE 506-1
PERSONAL LEAVE OF ABSENCE GUIDELINES
OVERVIEW
This Procedure sets forth the guidelines for granting a personal leave of absence to an employee.
STANDARDS
All personal leaves of absence are unpaid leaves. Each request for a personal leave of absence will be considered on an individual basis. Reasons for granting a personal leave of absence may include, but are not limited to:
1. The employee is not eligible for or has exhausted his/her FMLA leave, or the condition is not a FMLA qualifying event;
2. The request for leave is for a reason not covered by any other type of leave policy (such as to settle the affairs of a decedent’s estate, an extended grieving period, a sabbatical leave to pursue some other interest that would be beneficial to the County, an educational leave to acquire skills that would be beneficial to the County, etc.); or
3. The request for leave is a reasonable accommodation under the ADA.
The recommendation for approval of a personal leave of absence will be made by the Department/Agency Leader, based on but not limited to the following criteria:
a. length and purpose of the leave request;
b. the employee’s performance;
c. the needs of the employee;
d. the business needs of the department/agency;
e. whether the leave will negatively impact the provision of services to the public; and
f. compliance with the ADA
All applicable paid accrued leave must be used before a personal leave of absence may be granted.
PROCEDURES
A. It is the responsibility of the employee to request a personal leave of absence.
B. It is the responsibility of Department/Agency Leaders to review and make recommendations concerning personal leave requests on a consistent basis.
C. Requests will be reviewed and approved by the Director of Human Resources in consultation with Department/Agency Leaders.
D. Failure to return to work at the end of an approved personal leave of absence will be considered a voluntary resignation.
E. If an employee is on a personal leave of absence for an entire pay period, benefits and leave accruals will be impacted as follows:
1. Employee will not receive the monthly County benefit allocation;
2. Employee may elect to maintain all or a portion of his/her current benefits. If benefits are continued, the employee’s portion of the applicable contributions are due and payable the first of the month for which the employee is paying. A payment that is more than thirty (30) days late is considered to be a failure to make timely payment and coverage may be terminated. The employee will be offered continuation of coverage in accordance with COBRA. If benefits are terminated or continued under COBRA, they may be reinstated the first of the month following the employee’s return to active work status; and
3. Because all personal leave is unpaid, vacation and sick leave benefits will not accrue.
POLICY 507
SHARED LEAVE
PURPOSE
The purpose of this Policy is to allow employees to donate accrued leave time to other employees who have exhausted all personal accrued leave balances and require additional time away from work as a result of a personal catastrophic illness or injury or to care for a family member who has suffered a catastrophic illness or injury.
POLICY
It is the policy of the Johnson County Government to permit full-time and part-time regular employees who have exhausted or anticipate exhausting all personal accrued vacation, sick, or holiday leave hours to request donation of shared leave hours from other employees.
Employees who are eligible to use vacation or sick leave time are eligible to donate hours to an approved recipient.
Shared leave requests will be submitted to the Benefits Division of the Office of Financial Management for consideration, and may be approved for one of the following reasons:
1. Employee’s own catastrophic illness or injury; or,
2. To care for employee’s spouse, parent, or child who has suffered a catastrophic illness or injury. A child is defined as a person under 18 years of age or 18 years of age or older and incapable of self-care because of a mental or physical disability.
Shared leave time may be approved for a period not to exceed six (6) calendar months in a twelve-month period, except in extenuating circumstances.
An employee cannot donate unreimbursed accrued leave upon separation from employment.
The County Manager shall establish Human Resources Procedures related to shared leave, consistent with this Policy.
PROCEDURE 507-1
SHARED LEAVE GUIDELINES
OVERVIEW
This Procedure covers the County’s rules for approving leave requests and compensating employees who are using the shared leave benefit.
STANDARDS
Employees who have exhausted all their personal accrued vacation, sick leave, and holiday leave time, and who have a documented expectation that there is a need for additional time off from work, are eligible to request the shared leave benefit.
For purposes of this policy, catastrophic illness or injury is defined as an extreme or life-threatening illness, injury, impairment, physical or mental condition that requires continuing treatment/supervision by a health care provider.
Shared leave will not be granted to an employee to care for a child following birth, or in connection with the child’s placement with the employee for adoption or foster care.
Shared leave requests will be administered in order to maintain sufficient confidentiality and respect for the privacy of the proposed recipient. Communication of the need for donations for a recipient will be undertaken only at the request of the proposed recipient. A donor may remain anonymous if he/she so chooses.
No employee may be coerced, threatened, intimidated, promised, or provided financial inducement to donate leave time.
Shared leave recipients will be required to use all personal sick, vacation, and personal holiday hours that are earned during an approved leave.
Employees may donate unused personal holiday, or accrued vacation, or sick leave hours. Personal salary and compensatory time off cannot be donated. Donations may be made in no less increment than that which is earned by the donor for one pay period (i.e. full-time, part-time, and 24-hour shift employees).
Employees who are receiving paid time off through the Workers’ Compensation Program are not eligible to request or use shared leave. Employees who have applied for or are receiving a short-term disability benefit are eligible to request shared leave.
PROCEDURES
A. An employee will submit a request/application for shared leave through Department/Agency Leaders to the Benefits Division of the Office of Financial Management in anticipation of exhausting all of his/her accrued leave time.
B. An employee requesting shared leave will provide medical and other documentation, as requested, indicating the necessity for time off from work and the probable duration of the requested time off. Additional documentation may be requested at any time during the approved leave. If the request for additional information is not met, shared leave benefits may be terminated immediately.
C. Donations may not be used by the recipient longer than is medically necessary.
D. The Benefits Division will provide information to Department/Agency Leaders regarding coordination of any and all other relevant paid time off policies and other legal requirements.
E. Shared leave requests are restricted to a maximum period of six calendar months in a twelve-month period, except in extenuating circumstances. Any request for an extension of the shared leave benefit will be submitted in writing to the Benefits Division of the Office of Financial Management for review and approval prior to the expiration of the original leave.
F. Donations will first be requested from within the impacted department/agency. If adequate donations are not received from within the impacted department/agency, OFM-Benefits will request donations from all other departments/agencies. OFM-Benefits will handle communication regarding donations from all other departments/agencies.
G. An employee wishing to donate leave time may do so by informing his/her Department/Agency Leader and by completing a "Shared Leave Donation Request" form.
H. An employee may donate the following amounts of leave by type:
1. any and all accrued vacation hours;
2. accrued sick leave in excess of one year’s accrual (i.e., Full-Time Regular employees must maintain a balance of 96 hours and Part-Time Regular employees must maintain a balance of 48 hours);
3. any and all personal holidays.
I. Donations are transferred on a pay period basis and only the number of hours required by the recipient will be deducted from donors.
J. Recipients of donations will receive a regular paycheck, with normal deductions; until all donated paid time off is exhausted.
POLICY 508
SICK LEAVE
PURPOSE
The purpose of this Policy is to provide leave from work for employees during periods of illness or injury or to attend to health-related matters, and to provide pay to eligible employees in connection with such absences.
POLICY
It is the policy of the Johnson County Government to provide defined amounts of sick leave with pay to full-time regular and part-time regular employees due to the employee’s own illness/injury or the illness/injury of a member of the employee’s immediate family, to the extent reasonably practical for the County to grant such leave of absence.
It is also the policy of the County to reward employees who demonstrate a high degree of attendance by allowing eligible employees to accrue unused sick leave, and, upon proper conditions, receive payment for a portion of the accrued time.
Sick leave is earned at the following rates:
|
Regularly Scheduled Work Hours |
Sick Leave Earnings
(24 of 26 Pay Periods Annually) |
|
< 8 hours per day |
2 hours |
|
40 hr/wk or 12-hr shifts |
4 hours |
|
24 hour shift (2669) |
5.5 hours |
|
24 hours shift (2912) |
6 hours |
Employees will be eligible to use sick leave in the first pay period after hours have been earned. Sick leave may not be advanced. Sick leave will not be earned while an employee is on unpaid leave.
The County places no cap on the amount of sick leave that an employee may accrue. Sick leave is paid at the employee’s base rate of pay in effect at the time sick leave is used.
Sick leave, even though compensated, will not count as hours worked for the purposes of calculating overtime.
Upon transfer to a position that is not eligible for sick leave benefits, an employee will be eligible to receive compensation for 20% of accrued and unused sick leave as may be permitted under Human Resource Procedures., with the remaining balance of 80% being eliminated.
An employee who has completed the Introductory Period and separates from employment “in good standing,” will be eligible to receive compensation for 20% of accrued and unused sick leave, in accordance with Human Resource Procedures.
Sick leave is provided at the sole discretion of the County and may be modified, revoked, suspended, or terminated without notice by of the Board of County Commissioners.
The County Manager is authorized to establish Human Resource Procedures related to sick leave, consistent with this Policy, including defining the terms “illness” and “immediate family.”
(Rev. Eff. 01-01-07)
PROCEDURE 508-1
SICK LEAVE GUIDELINES
OVERVIEW
This Procedure covers the County’s process for accruing and compensating employee sick leave.
STANDARDS
The intent of sick leave is to provide a benefit in defined amounts that may be used during times of illness or injury without creating a significant financial burden for the employee. For purposes of this Policy, sick leave may be used for:
1. employee’s illness;
2. employee’s non-occupational injury;
3. illness or injury of an immediate family member;
4. medical, dental, and counseling appointments for employee or for immediate family members where the employee’s attendance is required;
5. pregnancy, the complications of pregnancy and recovery; and
6. birth of the employee’s child, or placement of a child for adoption or foster care with the employee.
For purposes of this Policy, immediate family member is defined as: father, mother, spouse, and children, including corresponding in-law and step relationships, and for individuals who reside in the employee’s household, whether legally related or not.
PROCEDURES
A. Accrual
1. Sick leave accruals begin the pay period following the date of hire or transfer to a full-time regular or part-time regular position. If such pay period is the third pay period in the calendar month, then sick leave begins to accrue on the first day of the next full pay period.
2. Employees will accrue sick leave during 24 of 26 pay periods in each calendar year. Accruals will be credited on the last day of each of the first two pay periods that end in each calendar month, provided that the employee is paid for all or any portion of said pay period.
B. Usage
1. When a holiday occurs during an employee’s sick leave, time off will be charged to holiday pay.
2. Unless inconsistent with FMLA Policy and Procedures, an employee will report sick leave absences to his/her supervisor using the department/agency leave request procedures, and provide medical documentation if requested.
3. Sick leave used to attend appointments will be scheduled in advance when practical. Supervisory approval is required for scheduled sick leave usage.
4. An employee will report to his/her supervisor the reason for an absence in accordance with department/agency rules, but no later than 1/2 hour after the beginning of the first workday for which sick leave is taken, when reasonable and practical to do so. If the absence extends beyond the first day, the employee will keep his/her supervisor informed of the status of the illness in a reasonable manner unless the length of illness is known and discussed with the supervisor at the onset (i.e. hospitalization).
5. The supervisor may require an employee to provide a medical statement if sick leave is taken excessively, or for more than 3 consecutive days, or if the supervisor has reason to believe the need is not genuine.
6. A physician’s statement will be required for any sick leave usage extending two (2) weeks or longer, stating the anticipated length of time off work. If the leave is used for an employee’s personal illness/injury, a release will also be required prior to his/her return to work.
C. Denial
Unless inconsistent with FMLA Policy and Procedures, a supervisor may deny sick leave usage if requested documentation is not provided or scheduled sick leave for medical appointments will result in a serious staffing difficulty
D. Separation
1. An employee who has completed his/her Introductory Period and has resigned in “good standing”, is retiring, or whose employment ends as a result of a reduction in force, will be paid, at their current rate of pay, for 20% of accrued, but unused sick leave.
2. An employee who is otherwise terminated from employment or fails to provide two weeks notice of his/her resignation will not be considered to be in “good standing” and will not be paid for accrued but unused sick leave.
3. If an employee is reinstated within 90 days after a reduction in force, credited sick leave accruals, less 20% payout will be reinstated.
E. Transfer
If the Introductory Period has been successfully completed, employees transferring from a full-time regular or part-time regular status to any position not eligible for sick leave benefits, will be paid for 20% of accrued but unused sick leave, at the time of transfer. The remaining 80% accrual balance is eliminated at this time.
(Rev. Eff. 01-01-07)
POLICY 509
VACATION LEAVE
PURPOSE
The purpose of this Policy is to provide paid time away from work for eligible employees to make available opportunities for rest, relaxation, and personal pursuits.
POLICY
It is the policy of the Johnson County Government to provide vacation leave with pay to full-time regular and part-time regular employees.
Employees are eligible to use vacation after six (6) months of employment. Vacation may not be used until it has been earned. Vacation will not be advanced.
Vacation is earned at the following rates:
Part-time Regular Employees
|
Years of Service |
Earning 24 of 26 Pay Periods |
Maximum Annual Earning |
Maximum Accrual |
|
0-5 |
2 hrs |
48 hrs |
96 hrs |
|
6-10 |
2.5 hrs |
60 hrs |
120 hrs |
|
11 |
2.75 |
66 hrs |
132 hrs |
|
12 |
3 |
72 hrs |
144 hrs |
|
13 |
3 |
72 hrs |
144 hrs |
|
14 |
3.25 |
78 hrs |
156 hrs |
|
15+ |
3.5 |
84 hrs |
168 hrs |
Full-time Regular Employees (40-hr/wk and 12-hr shifts)
|
Years of Service |
Earning 24 of 26 Pay Periods |
Maximum Annual Earning |
Maximum Accrual |
|
0-5 |
4 |
96 hrs |
192 hrs |
|
6-10 |
5 |
120 hrs |
240 hrs |
|
11 |
5.5 |
132 hrs |
264 hrs |
|
12 |
5.75 |
138 hrs |
276 hrs |
|
13 |
6 |
144 hrs |
288 hrs |
|
14 |
6.5 |
156 hrs |
312 hrs |
|
15+ |
6.75 |
162 hrs |
324 hrs |
Full-time Regular Employees ( 2669 schedule)
|
Years of Service |
Earning 24 of 26 Pay Periods |
Maximum Annual Earning |
Maximum Accrual |
|
0-5 |
5 |
120 hrs |
240 hrs |
|
6-10 |
6.5 |
156 hrs |
312 hrs |
|
11 |
7 |
168 hrs |
336 hrs |
|
12 |
7.25 |
174 hrs |
348 hrs |
|
13 |
8.25 |
198 hrs |
396 hrs |
|
14 |
9.25 |
222 hrs |
444 hrs |
|
15+ |
10 |
240 hrs |
480 hrs |
Full-time Regular Employees (2912 schedule)
|
Years of Service |
Earning 24 of 26 Pay Periods |
Maximum Annual Earning |
Maximum Accrual |
|
0-5 |
5 |
120 hrs |
240 hrs |
|
6-10 |
6.5 |
156 hrs |
312 hrs |
|
11 |
7 |
168 hrs |
336 hrs |
|
12 |
8 |
192 hrs |
384 hrs |
|
13 |
9 |
216 hrs |
432 hrs |
|
14 |
10 |
240 hrs |
480 hrs |
|
15+ |
11 |
264 hrs |
528 hrs |
Vacation leave may only be accrued to twice the amount earned per year. Once the maximum is reached, there will be no accrual until the employee uses vacation hours and drops below the maximum. Any accrual that would exceed the maximum will not be carried forward.
Vacation leave hours will not be earned while an employee is on an unpaid leave of absence.
Upon separation from employment, employees who have completed six (6) months of employment will be paid for all accrued and unused vacation time.
Vacation leave, even though compensated, will not count as hours worked for the purposes of calculating overtime.
(Rev. Eff. 01-01-07)
PROCEDURE 509-1
VACATION LEAVE GUIDELINES
OVERVIEW
This Procedure covers the County’s process for granting and compensating employee vacation leave.
PROCEDURES
A. Accrual
1. Vacation accruals begin the pay period following the date of hire or transfer to a full-time regular or part-time regular position. If such pay period is the third pay period in the calendar month, then vacation leave begins to accrue on the first day of the next full pay period.
1. Employees will earn vacation leave during 24 of 26 pay periods in each calendar year. Accruals will be credited on the last day of each of the first two pay periods that end in each calendar month, provided that the employee is paid for all or any portion of said pay period.
2. An employee will move to the next level of vacation accrual after completing the appropriate year of service.
B. Usage
1. Employees will request vacation usage in accordance with the department/agency leave request procedures. Failure to do so may result in denial of vacation request.
2. Vacation must be earned before it may be used.
3. Supervisors may approve or deny vacation requests based on department/agency business needs.
4. When a holiday occurs during an employee’s vacation period, time off for the date of holiday will be charged to holiday pay.
5. Refund of vacation time will not be allowed for illness occurring while on vacation.
6. Vacation cannot be used as a two-week resignation notice, unless approved by the Department/Agency Leader.
7. Vacation must be exhausted before leave without pay may be granted.
8. Employees transferring to any position not eligible for vacation benefits will receive payment for or take all accrued vacation before the change in status is affected.
9. Accrued vacation hour balances will be maintained for employees transferring between full-time regular and part-time regular positions, to the extent allowed under established maximums. Any hours exceeding the maximum will be paid to the employee.
(Rev. Eff. 01-01-07)
POLICY 510
EMPLOYEE BENEFIT OPTIONS
PURPOSE
The purpose of this Policy is to establish eligibility and enrollment guidelines for the County’s flexible benefits program.
POLICY
It is the policy of the Johnson County Government to encourage employees to choose benefits appropriate for their individual needs by providing a flexible benefits program.
The Board of County Commissioners believes it is in the best interest of all employees to be covered under one of the County’s group medical insurance plans. Participation in a medical plan is mandatory unless an employee is able to document his/her coverage through another plan or program.
The providers, and consequently the provisions, of the various benefits may change from time to time. Each benefit has specific eligibility and participation requirements, and employees are responsible for selecting benefits based upon their individual circumstances, and complying with the guidelines established in County procedures and applicable contractual agreements.
Employee contributions to benefit plans are held in trust for the employee and used for the purpose for which they were contributed.
All benefit election and enrollment forms must be submitted within thirty (30) calendar days following the date of hire or transfer to a benefit eligible position. Benefit elections may be modified during the annual open enrollment period, or other special enrollment periods as appropriate, subject to the terms of individual provider contracts and agreements. During the remainder of the year, an employee may only modify his/her benefits within thirty (30) calendar days of a qualifying family status change event. Employees who fail to make changes within this timeframe will be eligible to elect changes effective January 1 of the following year, provided the appropriate forms are submitted during the open enrollment period.
The Board of County Commissioners is responsible for approving the components of the flexible benefit program and the amount of County funding allocated to each plan or program. All benefits are provided at the sole discretion of the County, and are subject to available funding. They may be modified, revoked, suspended, or terminated without notice at the sole discretion of the Board of County Commissioners.
The County Manager is authorized to establish Human Resources Procedures related to the administration of benefit plans and programs, consistent with this Policy.
PROCEDURE 510-1
EMPLOYEE BENEFIT OPTIONS GUIDELINES
OVERVIEW
The purpose of this Procedure is to outline the enrollment and eligibility requirements for the various benefit programs offered by the County.
STANDARDS
The County offers a variety of flexible benefits that may include, but are not limited to:
· Health insurance
· Vision insurance
· Dental insurance
· Short-term disability insurance
· Medical reimbursement flexible spending account
· Dependent care reimbursement flexible spending account
· County provided group term-life insurance
· Voluntary group term-life insurance
· Monthly benefit allocation
Benefit eligibility for various employee classifications is dictated by the terms and conditions of each individual plan or program. Contracts executed by the County with specific providers shall be controlling in determining matters of interpretation.
The Benefits Division of the Office of Financial Management is responsible for administering the flexible benefit program and for providing information to Department/Agency Leaders, administrative staff, and employees. The Benefits Division will maintain all official plan documents for the benefits provided by the County, along with plan summaries and informational handbooks. Statements contained herein are covered in further detail in separate plan descriptions and contracts.
Department/Agency Leaders are responsible for ensuring that any new employee or employee transferring into a benefits-eligible position attends the first available New Employee Orientation Session after his/her date of hire or status change.
A. Open Enrollment
1. An open enrollment period shall be conducted annually, usually during the fall of each year.
2. Employees may elect to modify benefit enrollments during the open enrollment period, subject to the terms of individual provider contracts.
3. The County may conduct a modified open enrollment period for all or certain employee benefit programs should the situation warrant.
4. Employees are required to complete and return annual open enrollment forms by the specified deadlines to ensure enrollment in the correct plans and programs.
B. Health/Dental/Vision Insurance
Full-time regular employees and elected officials may elect coverage for themselves and their eligible dependents in the County’s health, dental, and vision insurance plans. An employee is eligible to participate on the first day of the calendar month following employment or transfer, unless hired/transferred on the first day of the month whereby he/she is immediately eligible to participate.
Employees may decline health insurance only if they are able to document coverage through another plan or program. A copy of an insurance card or certificate of coverage must be provided annually.
The monthly cost of each plan for health/dental/vision insurance, as well as the portion each employee and the County will pay, is subject to review and adjustment each year prior to open enrollment or at such other times as may be necessary.
Health/dental/vision benefits will cease upon expiration of paid coverage, unless continuation coverage is purchased by the employee.
C. Continuation Coverage
The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue certain insurance coverage under the County’s group plan when a qualifying event would normally result in the loss of eligibility. Some common qualifying events include: separation from employment; 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.
The monthly cost of continuation coverage is the sole responsibility of the employee or his/her qualified beneficiaries and is equal to the County’s current group rate plus an administration cost as allowed by law. Individuals have sixty (60) days from the date of the qualifying event or the date they receive notification, whichever is later, to inform the OFM-Benefits Division whether they elect continuation coverage.
Employees or covered dependents have a responsibility to inform the County of a divorce, legal separation, or loss of dependent status within sixty (60) days of the qualifying event or the date on which group coverage would be lost because of the event. If proper notice is not received within sixty (60) days, continuation coverage may not be available.
The County provides written notice describing rights granted under COBRA when an employee becomes eligible for coverage under the County’s health/dental/vision insurance plan. The notice contains important information about the employee’s rights and obligations.
In addition to the continuation rights provided by COBRA, certain employees may be eligible to continue health/dental insurance coverage to age sixty-five in accordance with K.S.A. 12-5040. In order to access this coverage, an employee must have ten (10) years of credited service with Johnson County. Credited service may be cumulative.
D. Short-Term Disability Insurance
Full-time regular employees and elected officials are eligible to apply for and purchase short-term disability insurance benefits. An employee is eligible to participate on the first day of the calendar month following employment or transfer, unless hired/transferred on the first day of the month whereby he/she is immediately eligible to participate.
Employees may enroll in the program within thirty (30) days from the date of hire or transfer to an eligible position without having to submit a medical history. An employee who does not enroll in the short-term disability benefit within thirty (30) days of his/her initial eligibility date may apply for the benefit during subsequent open enrollment periods, but may be subject to other restrictions and/or reduced benefits.
An employee receiving short-term disability benefits may supplement those earnings with accrued vacation or sick leave hours to reach 100% of his/her bi-weekly earnings. It is the responsibility of the employee to file a claim for short-term disability benefits in a timely manner. Vacation or sick leave hours used during a period when the employee is eligible for short-term disability benefits cannot be returned.
Short-term disability benefits are dictated by plan/contract provisions. Specific plan documents and information are available from the Benefits Division. Employees participating in the short-term disability plan who wish to apply for benefits should contact the Benefits Division for assistance.
E. Flexible Spending Accounts (Medical Reimbursement and Dependent Care)
All full-time regular employees and elected officials are eligible to participate in the medical reimbursement and dependent care flexible spending accounts. These flexible spending accounts make it possible to set aside money pre-tax to assist with qualifying medical or dependent care expenses throughout the calendar year.
The amount allocated is deducted pre-tax from the employee’s gross earnings. Plan participants are required to contribute a minimum of $10 per pay period. Participating employees are encouraged to be conservative when determining how much to set aside in a flexible spending account. Unreimbursed funds are forfeited at the end of the plan year, per IRS regulation, and offset the administrative costs of the plan.
Employees may allocate a maximum of $4,000 per year to the medical flexible spending account. Contributions to the dependent care flexible spending account may be made up to a maximum of $5,000 a year. However, this maximum is less than $5,000 if either or both the employee and his/her spouse earn less than $5,000 in a calendar year; then the maximum is the lower of either spouse's income. A special limit also applies if the employee’s spouse is a full-time student or is incapable of self-care. In this case, the maximum is $2,400 for one dependent and $4,800 for two or more dependents.
An employee may be reimbursed for eligible expenses by filing an appropriate claim form and supporting documentation with the plan administrator.
The Benefits Division of the Office of Financial Management administers the flexible spending accounts and maintains complete plan documentation.
F. Life Insurance
The County provides group term life insurance and accidental death and dismemberment coverage for all full-time regular, part-time regular employees, and elected officials. Coverage is effective the first day of the calendar month following hire or transfer, unless hire/transfer occurs on the first day of the month whereby coverage is effective immediately. Coverage under this plan ends on the date an employee’s active service ends for any reason. The County pays the entire cost of this coverage.
The County also offers voluntary supplemental group term life insurance. Employees may purchase additional insurance for themselves or their eligible dependents.
Employees may have the right to continue certain group term life insurance benefits for a limited time and may have the right to replace certain group term life insurance benefits with converted benefits. More information is available from the Benefits Division.
Kansas Public Employers Retirement System (KPERS) provides life insurance in the amount of one and one half times the current annual salary at the time of death, for eligible employees. Employees covered under Kansas Police & Fireman’s Retirement System (KP&F) are eligible to receive a death benefit as provided by state law and administrative regulations. Information on the KPERS and KP&F benefits is available from the Payroll Division of the Office of Financial Management.
The total of all employer-paid group term life insurance premiums attributable to coverage in excess of $50,000 are subject to taxation in accordance with IRS Code.
G. Monthly Benefit Allocation
Each full-time regular employee and elected official receives a monthly benefit allocation that may be applied toward the purchase of flexible benefits. An eligible employee, who documents health insurance coverage through another source, may elect not to participate in any of the flexible benefit plans or programs offered by the County and receive the benefit allocation in cash, which is paid as part of normal payroll and is taxable to the employee as ordinary income.
(Rev. Eff. 01-01-07)
POLICY 511
RETIREMENT PROGRAMS
PURPOSE
The purpose of this Policy is to provide an outline of the retirement plans and programs provided to and for the employees of the County.
POLICY
It is the policy of the Johnson County Government to assist employees in preparing for their retirement through participation in the Kansas Public Employees Retirement System (KPERS) or the Kansas Police and Fire Retirement System (KP&F). Employee participation in the KPERS or KP&F plans is mandatory. The State of Kansas is responsible for determining the amount or percentage the County and employees will contribute to the plan. Employee contributions are based on gross salary and are deducted through payroll.
KPERS and KP&F are defined benefit plans whereby retirement benefits are defined by an employee’s final average salary, years of service, and a statutory multiplier.
It is the policy of the Johnson County Government to provide full-time regular and part-time regular employees with an opportunity to supplement the mandatory retirement programs by electing to participate in deferred compensation programs. It is also the policy of the Johnson County Government to provide a supplemental retirement program whereby contributions (up to the approved matching limit) will be made for any eligible employee who elects to make the minimum required contribution to a County-sponsored deferred compensation plan.
The County Manager is authorized to establish Human Resource Procedures related to retirement programs consistent with this Policy.
PROCEDURE 511-1
RETIREMENT AND DISABILITY BENEFITS
OVERVIEW
The purpose of this Procedure is to inform employees of the benefits available through the KPERS, KP&F, deferred compensation, and supplemental retirement plans.
KPERS and KP&F
The Operations Division of the Office of Financial Management will assist employees in preparing for their retirement through participation in the Kansas Public Employees Retirement System (KPERS) or the Kansas Police and Fire Retirement System (KP&F). The County is a participating member in KPERS and KP&F, whose programs are administered under the authority of the State of Kansas.
Full-time regular and part-time regular employees who work in a KPERS covered position will become eligible to participate on the first day of the pay period following one year of continuous employment. An employee who is a current KPERS member is eligible to participate upon his/her date of hire.
Full-time regular and part-time regular civil service, communication dispatcher, emergency medical, and firefighter employees will participate in KP&F upon hire.
Specific questions regarding KPERS or KP&F benefits should be addressed directly to KPERS at www.kpers.org or 1-888-275-5737.
Deferred Compensation
All full-time regular and part-time regular employees may elect to participate in the deferred compensation programs offered by the County. Contributions made by the employee are on a pre-tax basis, and contributions and earnings are not subject to state and federal tax until the funds are withdrawn. Employee contributions are subject to annual maximum limits established by the IRS.
Initial enrollment/deductions in the deferred compensation plan take effect on the first payroll in the month following the date the form was signed (providing the form is received timely). Subsequent increases or decreases in contributions also take effect on the first payroll in the month following the date the form was signed (providing the form is received timely). Requests to discontinue contributions will take effect during the next available pay period.
Complete documentation and information on the deferred compensation plans is available from the Benefits Division of the Office of Financial Management.
Supplemental Retirement
The Supplemental Retirement Program contains multiple plans formulated pursuant to IRS Section 401(a). All full-time regular and part-time regular employees making a minimum contribution of $10.00 per payroll period to a deferred compensation plan are eligible to participate in the Supplemental Retirement Program.
A matching contribution equal to 100% (currently up to 2.5% of bi-weekly base pay) of the amount the employee contributes to either of the deferred compensation programs will be made to the supplemental retirement plan each payroll period. An employee may contribute more than 2.5% to his/her deferred compensation account, but the current employer match will be capped at 2.5% of base pay.
The employer matching contributions to the supplemental retirement plan will only be submitted when employees are actively participating in one of the deferred compensation plans.
The supplemental retirement plan has a tiered vesting
schedule and employees are fully vested in the plan after five (5) years of
qualified service. Prior service with the County, if break in service is less
than five years, will count towards vesting time. An employee automatically
becomes fully vested upon the attainment of age 65, death, or disability.
Employees will become vested in the Supplemental Retirement Plan according to
the following schedule:
|
Years of Service |
Vesting Percentage |
|
1 |
20% |
|
2 |
40% |
|
3 |
60% |
|
4 |
80% |
|
5 |
100% |
Complete information and plan documents for the Supplemental Retirement Program are available from the Benefits Division of the Office of Financial Management.
(Rev. Eff. 01-01-07)
POLICY 512
EDUCATIONAL REIMBURSEMENT PROGRAM
PURPOSE
The purpose of this Policy is to provide a program to encourage and assist employees in pursuing educational opportunities that are of mutual benefit to the employee and the County.
POLICY
It is the policy of the Johnson County Government to maintain an Education Reimbursement Program whereby eligible, full-time regular employees may be reimbursed for approved, for-credit educational classes up to a maximum of $1,500 per calendar year, subject to budget availability.
This benefit is provided at the sole discretion of the County and is funded on an annual basis. Funding may be modified, revoked, suspended, or terminated without notice at the sole discretion of the Board of County Commissioners.
The County Manager is authorized to establish Human Resource Procedures related to the Educational Reimbursement Program.
PROCEDURE 512-1
EDUCATIONAL REIMBURSEMENT PROGRAM GUIDELINES
OVERVIEW
This Procedure outlines the eligibility requirements and evaluation criteria for the County’s Education Reimbursement Program.
STANDARDS
All full-time regular employees who have successfully completed the Introductory Period prior to submitting an application are eligible for this benefit.
An employee must meet all eligibility requirements: 1) at the time the class is taken, 2) at the time reimbursement is requested, and 3) at the time the reimbursement is processed for payment. Former employees will not be eligible for reimbursement regardless of their active status at the time the class was taken.
All applications will be reviewed and approved by the Education Reimbursement Review Committee (ERRC). The ERRC is comprised of two standing members (Benefits Manager and Benefits Administrator), one member from the Department of Human Resources and two members from other departments/agencies. All decisions made by the ERRC including, but not limited to, decisions regarding eligibility, funding and denial will be final. While an employee may not access the Dispute Resolution Process if a request is denied, he/she may submit a request for reconsideration to the ERRC within 5 business days from the denial date.
The ERRC generally approves courses taken at an accredited college, university or other institution recognized by the North Central Association Commission on Schools (NCA). Job-related courses and/or courses that are part of a job-related degree program are eligible under this program. Pass/fail courses are not eligible.
Subject to budget availability, the County will reimburse one hundred percent (100%) of approved, eligible expenses, up to the annual maximum. Reimbursement is contingent upon satisfactory completion of the course(s) with at least a 2.0 grade on a 4.0 scale (undergraduate, including associate of arts degree courses) or a 3.0 grade on a 4.0 scale (post-graduate courses). Items ineligible for reimbursement include, but are not limited to: textbooks, materials, activity fees, parking fees and on-line charges. Tuition and expenses for dropped educational classes will not be reimbursed.
In instances where an employee receives other financial assistance (i.e. grants, scholarships or waivers), the County’s assistance will only apply to those amounts not covered by other sources. Tuition costs paid with student or other loans will be eligible for reimbursement, contingent on the employee providing appropriate documentation.
Reimbursement may be subject to taxation in accordance with current tax laws.
PROCEDURES
A. An employee will complete an application for Educational Reimbursement and submit it to his/her Department/Agency Leader for consideration.
B. After review and ranking, the application will be forwarded to the Benefits Division of the Office of Financial Management for review by the ERRC. Any request received after a published deadline will only be considered after all other reimbursements for the applicable enrollment period have been made.
C. If the request is approved by the ERRC, the employee will submit grade report(s), tuition receipt(s), and receipts for any additional eligible expenses to the Benefits Division of the Office of Financial Management. All required documentation must be submitted within six (6) weeks of completion of the approved course(s). If an employee is enrolled in multiple courses with varying end dates, documentation must be submitted within six (6) weeks of completion of each course.
D. The Office of Financial Management is authorized to develop OFM Practices consistent with this Procedure to facilitate the implementation of the County’s Education Reimbursement Policy and Procedure.
E. An employee will timely respond to all requests for additional information from the ERRC.
F. The ERRC will allocate budgeted funds, approve or deny all requests, and process all requests for reimbursement consistent with this Procedure and such other OFM Practices as may be approved.
G. The ERRC may request additional information from an employee as may be necessary to properly approve or deny an employee’s request for reimbursement.
POLICY 513
WORKERS’ COMPENSATION BENEFITS
PURPOSE
The purpose of this Policy is to notify employees that the County will comply with applicable state laws regarding workers’ compensation benefits in the event that an employee has a work-related illness or injury covered by the Workers’ Compensation Act.
POLICY
It is the policy of the Johnson County Government to provide compensation and medical benefits to eligible employees to meet the requirements of workers’ compensation laws of the State of Kansas or of any other state having jurisdiction over a workers’ compensation illness or injury.
The Kansas Workers’ Compensation Act includes a seven consecutive calendar day waiting period before payment of compensation begins. The County will pay the employee for regular work time missed during this waiting period if authorized medical evidence is provided. Compensation will not be charged against the employee’s vacation or sick leave accruals. If the employee is medically required to remain off beyond the seven-day waiting period, the employee will be placed on Injury Leave.
The County will supplement the statutory workers’ compensation benefit amount, for any qualified full-time regular or part-time regular employee who has completed his/her Introductory Period. No supplement will be paid to an employee who sustains a work-related injury within the Introductory Period and who remains subject to the conditions of the Introductory Period.
Supplemental Pay is an amount of regular, taxable income which, when added to the eligible workers’ compensation benefit amount, totals the employee’s net take-home pay amount. Supplemental Pay is paid for a maximum of 180 calendar days.
The County Manager is authorized to establish Human Resource Procedures related to worker’s compensation benefits consistent with the Policy and applicable state laws.
PROCEDURE 513-1
WORKERS' COMPENSATION BENEFITS GUIDELINES
OVERVIEW
This Procedure outlines the County’s guidelines and processes for managing the workers’ compensation benefits.
STANDARDS
Employees will receive workers’ compensation benefits in accordance with the provisions of the Kansas Workers’ Compensation Act or any other state having jurisdiction over a compensable illness or injury.
While on Injury Leave, the employee will continue to accrue vacation and sick leave, as well as continue to receive benefits, if applicable.
Injury Leave will terminate: 1) on the date the employee is released by the physician to return to work; 2) on the date an authorized physician determines the injured employee has reached maximum medical improvement; or 3) upon a settlement approved by the Division of Workers’ Compensation whichever occurs first.
For part-time employees, the statutory workers’ compensation benefit amount will be based on the employee’s average number of weekly hours worked.
An employee (includes full-time regular and part-time regular employees) who is still in the Introductory Period and is injured on the job will receive the workers’ compensation benefit amount equal to 66 2/3% of the average gross weekly wage, up to the State maximum in effect at the time of the injury., but will not be eligible for nor receive the supplemental pay provided by the County.
An employee who has completed the Introductory Period will receive pay equivalent to their regular net pay while on Injury Leave. This amount consists of the workers’ compensation benefit (66 2/3% of average weekly wage, subject to the State maximum in effect at the time of the injury) and supplemental pay.
Supplemental pay will terminate: 1) upon completion of 180 calendar days; 2) on the date the employee is released by the physician to return to work; 3) on the date an authorized physician determines the injured employee has reached maximum medical improvement; or, 4) upon a settlement approved by the Division of Workers’ Compensation whichever occurs first.
If Worker’ Compensation benefits continue beyond the180 day supplemental pay period the employee may use any available accrued vacation or sick leave in order to receive up to their regular net pay.
A workers’ compensation injury that results in a serious health condition will be considered a Family Medical Leave (FMLA) event. Injury leave hours will be applied to the 12-week FMLA benefit. Department/Agency Leaders shall notify the Department of Human Resources who shall provide the employee with the appropriate FMLA notice as required under the Act. Department/Agency Leaders are respon