COOS COUNTY
EMPLOYEE HANDBOOK
Successful, safe and healthy citizens and communities
Coos County Employee Handbook – BOC Approved May 18, 2021 Resolution 21-05-079L
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1.0 INTRODUCTION ........................................................................................ 6
2.0 EMPLOYEE CONDUCT ............................................................................... 8
2.1 GENERAL BEHAVIOR EXPECTATION ................................................................................................................... 8
2.2 DISCIPLINE ........................................................................................................................................................ 8
2.3 OUTSIDE EMPLOYMENT .................................................................................................................................... 9
2.4 ETHICS POLICY................................................................................................................................................. 10
2.5 CRIMINAL ARRESTS AND CONVICTIONS .......................................................................................................... 10
2.6 ATTENDANCE AND PUNCTUALITY ................................................................................................................... 11
2.7 CONFLICT OF INTEREST ................................................................................................................................... 11
2.8 ACCEPTANCE OF GIFTS .................................................................................................................................... 12
2.9 MANDATORY MEETINGS ................................................................................................................................. 12
2.10 POLITICAL ACTIVITIES ...................................................................................................................................... 12
2.11 FAMILY EMPLOYMENT .................................................................................................................................... 13
2.12 PERSONNEL FILES ............................................................................................................................................ 14
2.13 COMPLAINT PROCEDURE ................................................................................................................................ 15
3.0 COMPENSATION / HOURS OF WORK ...................................................... 16
3.1 ENTRANCE RATE /PAY EQUITY LAW ................................................................................................................ 16
3.2 MERIT INCREASES ........................................................................................................................................... 16
3.3 PAY ADJUSTMENTS DUE TO CLASSIFICATION CHANGE .................................................................................... 17
3.4 WORKING OUT OF CLASSIFICATION ................................................................................................................ 17
3.5 HOURS OF WORK ............................................................................................................................................ 18
3.6 MEAL BREAKS AND REST PERIODS .................................................................................................................. 18
3.7 TIMESHEETS .................................................................................................................................................... 18
3.8 PAYDAY .......................................................................................................................................................... 19
3.9 PAYROLL DEDUCTIONS .................................................................................................................................... 19
3.10 OVERTIME AND COMPENSATORY (COMP) TIME ............................................................................................. 20
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3.11 TRAVEL & EXPENSE REIMBURSEMENT ............................................................................................................ 20
4.0 EMPLOYEE BENEFITS .............................................................................. 22
4.1 GROUP INSURANCE ........................................................................................................................................ 22
4.2 EMPLOYEE ASSISTANCE PROGRAM ................................................................................................................. 22
4.3 RETIREMENT ................................................................................................................................................... 22
4.4 COUNTY VEHICLES........................................................................................................................................... 23
5.0 LEAVE POLICIES .................................................................................... 24
5.1 PAID HOLIDAYS ............................................................................................................................................... 24
5.2 FLOATING HOLIDAYS ....................................................................................................................................... 24
5.3 VACATION ....................................................................................................................................................... 25
5.4 SICK LEAVE ...................................................................................................................................................... 26
5.5 LEAVE DONATION ........................................................................................................................................... 27
5.6 BEREAVEMENT LEAVE ..................................................................................................................................... 28
5.7 FAMILY LEAVE – PROTECTED LEAVE ................................................................................................................ 28
5.8 MILITARY LEAVE OMFLA / FMLA ..................................................................................................................... 31
5.9 MILITARY LEAVE .............................................................................................................................................. 32
5.10 VETERANS DAY ............................................................................................................................................... 32
5.11 JURY DUTY ...................................................................................................................................................... 32
5.12 COURT APPEARANCES ..................................................................................................................................... 33
5.13 UNPAID LEAVE OF ABSENCE ............................................................................................................................ 33
5.14 LEAVE FOR RELIGIOUS OBSERVANCES ............................................................................................................. 33
5.15 CRIME VICTIM LEAVE REQUESTS ..................................................................................................................... 34
5.16 DOMESTIC VIOLENCE LEAVE ............................................................................................................................ 34
6.0 HARASSMENT, BULLYING, & WHISTLEBLOWING POLICY ........................ 36
6.1 HARASSMENT AND BULLYING ......................................................................................................................... 36
6.2 BULLYING, HARASSMENT OR DISCRIMINATION COMPLAINT PROCEDURE ...................................................... 37
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6.3 PROTECTION AGAINST RETALIATION .............................................................................................................. 38
6.4 OTHER RESOURCES AVAILABLE ....................................................................................................................... 38
6.5 ADDITIONAL PROTECTION FOR REPORTING EMPLOYEES ................................................................................ 39
6.6 WHISTLEBLOWER POLICY ................................................................................................................................ 40
7.0 WORKPLACE ACCOMMODATIONS............................................................ 41
7.1 AMERICANS WITH DISABILITIES ACT ............................................................................................................... 41
7.2 ACCOMMODATIONS ....................................................................................................................................... 41
7.3 PREGNANCY ACCOMMODATION .................................................................................................................... 43
7.4 NURSING MOTHERS ........................................................................................................................................ 43
7.5 REASONABLE ACCOMMODATION FOR VICTIMS OF CERTAIN CRIMES ............................................................. 44
7.6 RELIGIOUS ACCOMMODATION ....................................................................................................................... 44
7.7 GENETIC INFORMATION NON-DISCRIMINATION ACT (GINA) .......................................................................... 45
8.0 USE OF DRUGS, ALCOHOL & TOBACCO PRODUCTS .................................. 46
8.1 PROHIBITED CONDUCT ................................................................................................................................... 46
8.2 PRESCRIPTION DRUGS AND MEDICAL MARIJUANA ......................................................................................... 47
8.3 TOBACCO-FREE WORKPLACE ........................................................................................................................... 50
9.0 TECHNOLOGY / MEDIA ........................................................................... 51
9.1 CELLULAR DEVICES .......................................................................................................................................... 51
9.2 USE OF COUNTY EMAIL AND ELECTRONIC EQUIPMENT, FACILITIES AND SERVICES ......................................... 53
9.3 SOCIAL MEDIA ................................................................................................................................................ 55
9.4 CONFIDENTIAL INFORMATION ........................................................................................................................ 56
9.5 NEWS MEDIA POLICY ...................................................................................................................................... 57
10.0 SAFETY / WORKERS COMPENSATION ................................................... 58
10.1 SAFETY ON THE JOB ........................................................................................................................................ 58
10.2 WORKERS COMPENSATION INSURANCE ......................................................................................................... 58
10.3 WORKPLACE VIOLENCE ................................................................................................................................... 60
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10.4 FIREARMS OR OTHER DANGEROUS WEAPONS ................................................................................................ 60
10.5 INCLEMENT WEATHER / OTHER UNFORESEEN CLOSURES ............................................................................... 61
11.0 LEAVING EMPLOYMENT ........................................................................ 62
11.1 CONTINUED MEDICAL COVERAGE ................................................................................................................... 62
11.2 TERMINATION OF EMPLOYMENT .................................................................................................................... 62
11.3 FINAL PAY ....................................................................................................................................................... 62
11.4 ACCRUALS ....................................................................................................................................................... 63
11.5 REFERENCES .................................................................................................................................................... 63
EMPLOYEE ACKNOWLEDGEMENT ................................................................... 64
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1.0 INTRODUCTION
The Coos County Commissioners value the public service provided by the
employees of Coos County. This handbook is a collective representation of Coos
County personnel policies and procedures that govern the employment relationship
between Coos County and its employees, and should be used as a guide on
employment related matters.
Employees are encouraged to read this handbook carefully and keep it for future
reference. If questions arise, employees are encouraged to reach out to their
Supervisor for guidance, or directly contact the Coos County Human Resources
Department.
Personnel policies may be modified, revoked, or added to at any time at the sole
discretion of the Board of Commissioners, with or without prior notice. Any
revisions will substitute and replace prior policy or procedure statements. Unless
otherwise stated, all employees will be subject to the new addition, deletion or
changes regardless of date of hire. Neither the text of these policies, nor that of
any policy or procedure statement of Coos County, is intended to be, nor should be
construed as a contract of employment or as a contract guaranteeing continued
employment or benefits.
Unless otherwise stated in a collective bargaining agreement or individual
employment contract, County employees are engaged in “at will” employment
relationships. This means that either the employee or the County may terminate
the employment relationship at any time with or without reason or notice.
Throughout this Handbook, the term Department Head may also refer to Elected
Official. The term Supervisor may also refer to Manager.
This Handbook is not intended to be all-inclusive of every situation. In the event
portions of this Handbook are/or become inconsistent with the provisions of a
collective bargaining agreement, a Coos County policy or resolution approved by
the Board of Commissioners during a public meeting, or the law, the terms of the
collective bargaining agreement, policy, resolution, or law will control to the extent
applicable.
The County is an equal opportunity employer and is committed to complying with
all applicable federal, state, and local employment practice laws. Coos County
strictly prohibits and does not tolerate discrimination against employees,
applicants, or any other covered persons because of race, color, religion, creed,
national origin or ancestry, ethnicity, sex (including pregnancy and sexual
orientation), gender (including gender nonconformity and status as a transgender
individual), age, physical or mental disability, citizenship, past, current, or
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prospective service in the uniformed services, genetic information, or any other
characteristic protected under applicable federal, state, or local law. All Coos
County Elected Officials, employees, volunteers, interns, and representatives are
prohibited from engaging in unlawful discrimination. The County endeavors to
maintain a harassment-free, drug & alcohol-free and violence-free workplace and
all employees are expected to accept their responsibility toward this goal.
The County provides qualifying veterans and disabled veterans hiring preference in
accordance with ORS 408.225 - 408.238. For the preference to be applied,
veterans must have received an honorable discharge from military service,
successfully complete the initial application screening, and meet the minimum
qualifications of the applied for position. To qualify for disabled veteran preference,
applicants must submit proof of veteran status and proof of their veterans'
disability rating from the Department of Veterans' Affairs. Applicants must submit
proof of veteran status (DD214/DD215) at the time the application is submitted.
Coos County reserves the right to conduct a criminal background check, drug test,
run a DMV check, and/or credit check for new hires, depending on the position.
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2.0 EMPLOYEE CONDUCT
2.1 GENERAL BEHAVIOR EXPECTATION
Coos County (County) expects all employees to conduct themselves in a
professional, courteous, and respectful manner during work hours. Employees are
required to establish and maintain harmonious working relationships with other
County employees, citizens, and business partners. Public employees are subject
to the State of Oregon’s ethics laws. In some cases, these laws provide additional
limitations on employees, such as prohibitions on gifts and strict definitions of
conflict of interest. Some activities that are common business practices in the
private sector are prohibited in the public sector. Additional information on these
laws is available at the Oregon Government Ethics Commission website:
http://www.oregon.gov/OGEC.
Employees are expected to perform to the best of their abilities at all times. There
will be occasions; however, where employees perform at an unsatisfactory level,
violate a policy or law, or commit an act that is inappropriate. When performance
or conduct does not meet County standards, the County will determine whether to
provide the employee a reasonable opportunity to correct the deficiency through
progressive discipline (such as, in no particular order, verbal warnings, written
warnings, suspensions without pay, and demotions). The corrective action process
will not always commence with a verbal counseling or include a sequence of steps.
Some acts, particularly those that are intentional or serious, warrant more severe
action (including dismissal) on the first or subsequent offense.
2.2 DISCIPLINE
Any action by an employee which reflects discredit upon the County or a direct
hindrance to the effective performance of County functions may be considered
cause for disciplinary action, up to and including dismissal. Such actions may
include, but are not limited to:
a. Falsification of employment or other County records.
b. Reporting for duty under the influence of drugs or alcohol.
c. Insubordination, including but not limited to failure or refusal to obey the
orders or instructions of a Supervisor or member of management, and the
use of abusive or threatening language toward another employee,
customer or vendor.
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d. Displaying offensive conduct or language toward the public or fellow
County employees or harassment or discrimination that violates policy.
e. Performing one's job with inefficiency or incompetence.
f. Displaying inattention to duty, indolence, carelessness, or negligence in the
care and handling of County property or business.
g. Habitual tardiness or unauthorized leave from duty.
h. Improper or unauthorized use of County vehicles, equipment, or property.
i. Using sick leave under false pretenses or other misuse of sick leave.
j. Conduct contrary to public policy or conduct inconsistent with the Coos
County Ethics Policy or Oregon’s ethic laws.
k. Violation of any safety, health, security or County policy, rule or procedure.
Employees are expected to act in accordance with all appropriate codes,
laws, regulations, and policies, regardless of whether they are set by the
County or outside regulatory or legislative bodies.
l. Excessive personal telephone calls, texts or private computer use during
working hours.
m. Willfully violating any of the provisions of these rules, or any rules and
regulations prescribed by a Department Head.
n. Provoking a fight or fighting during work hours on County property or
causing, creating or participating in a significant or substantial disruption of
work during work hours on County property.
o. Accepting gratuities or bribes.
p. Theft of County materials, funds, or property.
Disciplinary action may only take place after consultation with the Human
Resources Department. Disciplinary action may take the form of a reprimand,
suspension, demotion, disciplinary probation, being placed on a work plan or last
chance agreement, or dismissal, depending on the totality of the circumstances.
For employees covered by a collective bargaining agreement or department policy,
the collective bargaining agreement or department policy may determine the
procedure for disciplinary action.
2.3 OUTSIDE EMPLOYMENT
The County does not restrict outside employment of County employees, providing
that such employment does not impact the employee’s County responsibilities, or
result in loss of on-the-job effectiveness, involve County work time, facilities,
equipment or supplies, and does not present a real or perceived conflict of interest.
Employees have an obligation to their employment with the County and may not
engage in any outside professional work without full disclosure to, and approval
from their Department Head. Any questions regarding a possible conflict of
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interest should be discussed with the Human Resources Department. Employees
who accept outside employment in violation of these rules may be subject to
discipline, up to and including dismissal.
An employee is prohibited from, directly or indirectly, soliciting or accepting the
promise of future employment based on the understanding that the offer is
influenced by the employee’s official action.
2.4 ETHICS POLICY
All County employees shall adhere to the rules, regulations or policies as set forth
in this Coos County Employee Handbook, the Coos County Employee Ethics Policy,
and the Government Ethics Provisions for Public Officers and Employees as stated
in Oregon Revised Statutes, Chapter 244. For questions on whether an activity
meets the County’s or Oregon’s ethical standards, please contact your Department
Head or the Human Resources Department.
Reporting
Any employee who has knowledge of or a reasonable suspicion that a fraudulent or
other dishonest or unethical act has occurred should contact their Department
Head, the Human Resources Department, or the Board of Commissioners.
Investigation
The Board of Commissioners or the Human Resources Department shall
investigate, or cause to be investigated, all suspicions, allegations, and complaints
of unethical or fraudulent conduct by County employees. The County shall make
every effort to protect employees from retaliatory action due to reports of
suspected fraudulent or unethical conduct.
2.5 CRIMINAL ARRESTS AND CONVICTIONS
Employees must promptly and fully disclose to their Supervisor or the Human
Resources Department on the next working day:
1. All drug- or alcohol-related arrests, citations, convictions, guilty pleas, no
contest pleas or diversions that result from conduct which occurred while on
duty, on County property, or in a County provided vehicle (see also Section
on Alcohol and Drug Use);
2. All arrests, citations, convictions, guilty pleas or no contest pleas that result
from crimes involving the theft or misappropriation of property, including
money, or that would prevent you from performing the essential functions of
your position.
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Reporting an arrest or conviction will not automatically result in termination of
employment. Situations will be evaluated on a case-by-case basis.
Employees who are unavailable to report for work because they have been sent to
jail or prison may not use sick leave to cover the absence, and may be subject to
disciplinary action, including dismissal if appropriate.
2.6 ATTENDANCE AND PUNCTUALITY
Employees are expected to report to work as scheduled, on time and prepared to
start work and perform the work assigned to or requested of them. Employees are
expected to remain at work their entire work schedule, except for unpaid break
periods or when required to leave on authorized County business. Late arrivals,
early departures, or other absences from scheduled hours are disruptive and must
be avoided. Unexplained, suspicious, or excessive absenteeism, habitual or
excessive tardiness may be grounds for discipline.
Employees who will be unexpectedly absent from work for any reason or who
cannot show up for work on time must inform their Supervisor of the delay or
absence prior to the start of the work day/shift, and each day thereafter unless on
extended approved family medical leave such as hospitalization, recovery from
surgery, or parental leave. Departments may have their own call-in policies.
Employees unsure of their own departmental call-in policy should contact their
immediate Supervisor for details. Be sure you understand your department’s
process for requesting time off, reporting in sick and arriving late for work. You
are part of a team that needs and depends on you to be at work every day, on
time, ready to complete your duties and responsibilities in support of the team.
Not reporting to work and not calling to report the absence is a no-call/no-show
and is a serious matter. A no call/no show lasting three consecutive (3) work days
will be considered job abandonment and may result in termination of employment.
2.7 CONFLICT OF INTEREST
County employees shall avoid situations that create, potentially create, or give the
appearance of creating a conflict with the mission or objectives of the County; or
could cast doubt upon objectivity between personal interests and the interests of
the County.
County employees shall not participate in any decision or use their positions or
access to influence a decision by the County to employ or enter into a contract for
procurement of goods or services with a relative of the employee, a member of the
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employee’s household, a business with which the employee is associated, or
someone who shares financial interest with the employee.
County employees are required to report any actual or potential conflict of interest
to their Supervisor, Department Head, or the Human Resources Department.
2.8 ACCEPTANCE OF GIFTS
Acceptance of certain types or forms of gifts is a violation of Oregon Government
Ethics Law.
Gifts, gratuities, loans, fees, or any other items of significant value may not be
solicited by County personnel, or accepted either directly or indirectly, if the
acceptance could be considered to influence directly or indirectly the actions of said
personnel, or any other person, in any matter of County business.
Employees may not accept gifts with a market value in excess of $50 or more per
calendar year from any one source.
The information contained in this employee handbook is just a summary of the
relevant government ethics laws. Detailed information is available at the Oregon
Government Ethics Commission website, http://www.oregon.gov/OGEC.
2.9 MANDATORY MEETINGS
From time to time the County will require employees to attend work related
meetings either on or off premises. These meetings will be used to disseminate
information, train, or instruct personnel on work related matters. Per ORS
659.785, employees cannot be required to attend employer-sponsored meetings
or communications with the employer or the agent, representative, or designee of
the employer if the primary purpose of the meeting or communication is to
communicate the opinion of the employer about religious or political matters
(political party affiliation, campaigns for measures or candidates). An employee
may not be disciplined, discharged, or otherwise penalized for refusing to attend
or participate in such meetings.
2.10 POLITICAL ACTIVITIES
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The restrictions imposed by the law of the State of Oregon (ORS 260.432(2)) on
employee's political activities are that “No public employee shall solicit any money,
influence, service or other thing of value or otherwise promote or oppose any
political committee or promote or oppose the nomination or election of a
candidate, the gathering of signatures on an initiative, referendum or recall
petition, the adoption of a measure or the recall of a public office holder while on
the job during working hours. However, this section does not restrict the right of a
public employee to express personal political views.”
It is therefore the policy of the County that employees may engage in political
activity outside of working hours in a manner that does not suggest that the
County endorses the political view.
2.11 FAMILY EMPLOYMENT
Relatives of current employees, or individuals involved in an intimate personal or
financial relationship with a current employee, are eligible for hire, subject to the
same selection process and job requirements and will be evaluated in the same
manner as any other applicant. However, an employee may not exercise
supervisory, appointment, or grievance adjustment authority over another
immediate family member or individuals with whom they are in an intimate
personal or financial relationship. An employee exercising such authority shall be
referred to as a supervisor in this section. Immediate family members for this
purpose are defined as spouse, parents, stepparents, sons or daughters in law,
children, stepchildren, brother, sister, grandparents, aunts, uncles, cousins, nieces
and nephews.
If the relative relationship is established between a supervisor and a subordinate
employee after employment as a result of organizational restructure, marriage, or
a development of an intimate personal or financial relationship, the supervisor shall
have an obligation to immediately inform their Supervisor, or the Human
Resources Department. Failure to disclose will constitute a policy violation. It is a
violation of this policy for a supervisor to enter into an intimate personal or
financial relationship with an employee over whom the supervisor exercises
authority.
Once the relationship is made known, the Human Resources Department or the
Board of Commissioners shall review the relationship and make an appropriate
determination. The Board of Commissioners shall have discretion on whether to
attempt to reassign one of the employees to another position for which he/she is
qualified if such a position is available. If a position is not available, the employees
will be permitted to determine which one of them will resign from the County.
However, if the relationship in question is an intimate personal or financial
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relationship developed between a supervisor and a subordinate employee, the
employees will not be permitted to determine which one will resign from the
County. Instead, the Board of Commissioners shall determine the appropriate
resolution of the matter.
2.12 PERSONNEL FILES
Official personnel files are maintained by the Human Resources Department and
are considered confidential. These files contain materials relevant to an
employee’s employment with the County to meet state and federal legal
requirements and efficient personnel administration.
Employees may view the content of their own personnel files upon request to the
Human Resources Department. Employees may prepare written explanations or
opinions regarding materials in their personnel files they believe to be incorrect or
derogatory.
Payroll information such as deductions, benefits costs and memberships, medical
records, and employment eligibility (I-9) records are also maintained in the files of
the Human Resources Department, but may be kept in a separate electronic folder
from the employee’s personnel file.
Employees have the responsibility to promptly notify Human Resources of any
changes listed below:
Name;
Marital status/Domestic Partnership (for purposes of benefit eligibility
determination only);
Address or telephone number;
Dependents;
Person to be notified in case of emergency;
Other information having a bearing on your employment;
Tax withholding.
Prompt notification is necessary to avoid a negative impact on an employee’s
income tax withholding, group insurance enrollment, and beneficiary designation.
Employees may not intentionally withhold information from the County about the
items listed above in order to continue to receive benefits or anything of value for
themselves or anyone else. Upon request, the County or the County’s designated
Health Care Administration may require employees to provide proof of marital
status/domestic partnership status.
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2.13 COMPLAINT PROCEDURE
It is the policy of the Board of Commissioners to provide an orderly process for
employees to have complaints considered as fairly and rapidly as possible without
fear of reprisal. These procedures are available to all employees; however,
bargaining unit employees shall use the grievance process outlined in the collective
bargaining agreement if the action pertains to an interpretation of the agreement
provisions.
An administrative grievance exists when any unresolved problem, complaint,
misunderstanding, or disagreement exists. An employee may proceed individually
or select a representative of the employee’s choice. Employees with a problem or
complaint are expected to proceed generally as follows:
1. Discuss the matter frankly and openly with their immediate Supervisor.
2. If the immediate Supervisor is unable to satisfactorily resolve the matter
within 10 business days, the individual should state the problem clearly and
completely in writing to the Department Head with a copy provided to the
immediate Supervisor.
3. If the matter remains unresolved or cannot be resolved within the
department within 15 business days of the original submission, the employee
may submit the grievance in writing to the Board of Commissioners for
consideration. The Commissioners may confer with the parties as
necessary. The decision of the Board of Commissioners shall be the final
administrative decision.
4. If a bona fide reason exists that involves a complete breakdown of
communication in the chain of command, the complaint may be taken
directly to the Board of Commissioners.
5. Employees may also consult at any stage with the Human Resources
Department.
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3.0 COMPENSATION / HOURS OF WORK
3.1 ENTRANCE RATE /PAY EQUITY LAW
The County supports Oregon’s Pay Equity Law and Federal and Oregon laws
prohibiting discrimination between employees on the basis of a protected class (as
defined by Oregon law) in the payment of wages or other compensation for work
of comparable character. Employees who believe they are receiving compensation
at a rate less than the County is paying other employees for work of comparable
character are encouraged to discuss the issue with the Human Resources
Department. Employees may complete a Pay Equity Appeal Form which can be
obtained from the Human Resources Department, or on the County’s Intranet site.
New hires will start at step 1 unless bona fide exceptions to the Oregon Pay Equity
Law apply. Department Heads shall coordinate with the Human Resources
Department before hiring above step 1. Authorization for a starting salary above
the entrance rate must be obtained from the Board of Commissioners per County
Rules.
Selection of personnel for hiring and promotion is based on factors such as
education, experience, proven skills, initiative, dependability, cooperation,
availability, and growth potential. The County encourages Supervisors to
recommend for promotion those individuals whose past performance demonstrates
an ability to assume greater responsibility.
3.2 MERIT INCREASES
Employees are eligible to advance to the next step of the salary schedule on their
designated anniversary date, provided they receive a satisfactory (mid-range or
higher) performance evaluation. Once an employee reaches the top step of the
County’s salary schedule, additional merit increases will not be available.
Based on the County’s fiscal ability, cost of living adjustments for non-represented
employees may be recommended by the Board of Commissioners on an annual
basis. Cost of living adjustments for represented employees are negotiated
through the collective bargaining process.
If an employee would be eligible for a merit step increase had they not been out
on approved protected leave (FMLA/OFLA), the employee shall be eligible for their
merit step increase retroactive to their anniversary date; provided their Supervisor
completes a satisfactory performance evaluation upon the employee’s return to
work.
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Excluding USERRA, all unpaid leaves of absence for longer than two (2) weeks shall
result in a date adjustment of the employee's eligibility for merit step adjustment.
(Example: If an employee is on unpaid leave for two (2) months and his/her
anniversary date is March 1, it will be adjusted forward to May 1 thereafter).
Likewise, employees shall not be entitled to accruals when on an unpaid leave of
absence for longer than two (2) weeks, except as required by state or federal law.
3.3 PAY ADJUSTMENTS DUE TO CLASSIFICATION CHANGE
Employees reclassified or promoted to a position in a higher classification range
will be placed at the step within the new salary range closest to their current pay
rate which results in a pay increase. Upon a promotion that results in an increase
in pay, a new anniversary date will be established for the employee for the
purposes of applicable future merit increases. If a reclassification does not result in
a pay increase, the employee’s anniversary date shall not be changed.
If an employee is demoted (voluntarily or involuntarily) or reclassified to a position
in a lower classification for reasons that do not reflect discredit upon the
employee’s employment record, the employee will be placed on the step within the
new salary range closest to his/her current pay rate which does not result in a pay
increase. Demotions for disciplinary reasons will ordinarily result in a pay
reduction.
3.4 WORKING OUT OF CLASSIFICATION
A non-exempt employee may be entitled to working out of classification pay,
provided the employee is required to work in a classification above that in which the
employee is classified, for at least one (1) consecutive work week and as long as the
employee is assuming the higher classification functions for at least 31.25% of their
normal working day (2.5 hours if working an 8-hour shift). For the full duration the
employee is assuming the duties, the employee shall be paid at the rate in which
he/she would be entitled if promoted to step 1 of the position. In no case will the
employee make less than an amount equal to one (1) step above his/her current
rate. An employee may not be eligible for working out of classification pay when a
Declaration of Emergency has been issued by the Coos County Board of
Commissioners pursuant to Coos County Code and wherein an employee is asked to
assume other duties for a duration of less than twenty-one (21) days during such
emergency period.
If an employee receives working out of classification pay for more than one (1)
consecutive month, a Resolution will need to be prepared by the Human Resources
Department and approved by the Board of Commissioners on the regular consent
calendar. Department Heads are responsible for informing the Human Resources
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Department of the need for a resolution, and when the working out of classification
pay is to be removed.
3.5 HOURS OF WORK
The standard work week is a seven-day work period beginning on Monday at 12:00
a.m. through Sunday 11:59 p.m. and generally consists of 40 hours. Individual
work schedules may vary depending on the needs of each department. The
normal hours of business for all County departments are generally 8:00 a.m. until
5:00 p.m. Monday through Friday. The Board of Commissioners may establish or
modify the business hours for certain departments in accordance with the
department's particular operating requirements.
The regular work schedule shall be fixed by the Department Head and may vary by
department.
3.6 MEAL BREAKS AND REST PERIODS
Non-exempt employees must take a 15 minute uninterrupted rest period for every
4 hour portion of their shift, scheduled at or near as feasible to the middle of each
half shift. All employees are paid during rest periods and therefore, are required
to follow County policies during such rest periods.
Rest periods may not be accumulated and used for extra time off at lunch break or
at the end of the day.
Employees must take an unpaid meal break of at least 30 minutes during each
work shift of 6 hours or more. The meal break shall be an uninterrupted period in
which the employee is relieved of all duties. Consistent with operating
requirements, meal breaks shall be scheduled at or about the middle of the work
shift. The exact timing may vary depending on workload and the need for
consistent coverage or to adequately serve the general public. If, because of the
nature or circumstances of the work, an employee is required to remain on duty or
to perform any tasks during the meal period, the employee must inform their
Supervisor before the end of the shift.
3.7 TIMESHEETS
Federal and state laws require the County to keep an accurate record of time
worked in order to calculate employees’ pay and benefits. Time worked is the time
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actually spent on the job performing assigned duties. Accurately recording time
worked is the responsibility of every employee. Non-exempt employees should
accurately record the time worked each day, not including the meal break and any
departure from work for personal reasons. All hours worked should be recorded to
the nearest quarter-hour.
It is the employee’s responsibility to sign their timesheets to certify the accuracy of
the time recorded. The Supervisor will review and sign the timesheet before
submitting it for payroll processing.
Altering, falsifying, or tampering with timesheets, or recording time on another
employee’s timesheet may result in disciplinary action, up to and including
dismissal.
3.8 PAYDAY
All employees are paid based on hours worked during each pay period.
Payday is normally on the 30th day of each month. If payday lands on a Saturday,
Sunday, or holiday, or in months with less than 30 days, payday will be the
preceding workday. Employees who discover an error on their paycheck, lose their
paycheck or have it stolen should notify the Human Resources Department
immediately.
The County does not provide advance payments of salary or loans from salary to
be earned.
3.9 PAYROLL DEDUCTIONS
The law requires the County to make certain deductions from every employee’s
wages. Examples are federal and state withholding taxes, social security taxes,
medical insurance contributions, and court ordered garnishments.
Eligible employees may voluntarily authorize deductions from their wages to cover
costs of programs and benefits offered beyond those required by law such as
voluntary life/disability insurance.
Questions regarding payroll deductions should be promptly directed to the Human
Resources Department. Employees should review their paychecks each month for
accuracy. Employees who discover a mistake in their paycheck should contact the
Human Resources Department immediately.
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3.10 OVERTIME AND COMPENSATORY (COMP) TIME
Employees exempted from overtime requirements according to the Fair Labor and
Standards Act are not eligible for overtime or compensatory time.
For non-exempted employees, all overtime must be approved by a Department
Head or Supervisor prior to usage depending on your Department’s policy.
Employees eligible for overtime will be paid 1.5 times their regular rate for hours
worked over 40 in a workweek when budgeted funds are available. When
budgeted funds are not available for overtime payment, compensatory time at the
time-and-one-half rate will accrue. Employees are encouraged to use
compensatory time within the pay period in which it is accrued.
If an employee is not able to use the compensatory time within the same pay
period, it will be accrued in a compensatory time bank, not to exceed forty (40)
hours. Paid time off (holidays, sick time, jury duty, etc.) does not count as hours
worked for the purpose of calculating overtime.
At the discretion of an employee’s Supervisor, employees who have accrued less
than 40 comp hours may be able to choose whether to have accrued comp time
cashed out at the rate earned by the employee at the time the employee receives
the payment. Any hours not taken in the fiscal year in which they were earned will
be paid to the employee with the last payroll check in June of each year. When an
employee is separated from employment with the County, any remaining comp
time earned will be paid to the employee.
Non-exempt employees who are issued County-owned electronic devices for
business use may not use those devices outside of normal work hours without
advance authorization, and must document all time spent using such devices
outside of normal work hours. Except where specifically authorized, non-exempt
employees should not check, read, send and/or respond to work-related
emails/text messages or other electronic communications outside of their normal
work hours.
3.11 TRAVEL & EXPENSE REIMBURSEMENT
The County will allow time off with pay and reimburse employees for the expenses
of attending classes, lectures, conferences, or conventions when attendance is
required by the County. The County may allow time off with pay for voluntary
training during working hours with prior Department Head approval. For voluntary
programs conducted during off-duty time, employees will not receive any
compensation.
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The County will reimburse reasonable expenses incurred by employees when
traveling on official County business. For additional information, employees should
consult the Coos County Travel Expense Policy located on the County’s Intranet
site. The County provides cash advances. Departments may request a voucher for
travel expenses in advance for employees. Employees will be reimbursed for other
expenses not covered by an advance voucher by submitting the appropriate
receipts.
Employees will be reimbursed at the current GSA rate for meals while conducting
official County business. Purchases of alcohol will not be reimbursed. Current
rates can be located at www.gsa.gov/perdiem. For additional information
employees should consult the Coos County Travel Expense Policy located on the
County’s intranet site.
Mileage will be reimbursed at the current GSA rate when an employee uses a
privately owned vehicle in the course of conducting County business. Current
rates can be located at www.gsa.gov.
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4.0 EMPLOYEE BENEFITS
To qualify for employment fringe benefits with the County, employees must work a
minimum of 20 hours per week.
4.1 GROUP INSURANCE
All newly hired employees must work a minimum of 80 hours in their first month
for health insurance coverage to commence the following month. Days off, unpaid
holidays, and leave without pay do not qualify as working hours.
Employees on an unpaid leave of absence not protected by the Family and Medical
Leave Act (FMLA) or the Oregon Family Leave Act (OFLA) for more than two weeks
may retain health and life insurance coverage by making required payments.
Employees will be advised of payment information by the Human Resources
Department.
Detailed information regarding current health and dental plan offerings, rates, and
cost share is available from the Human Resources Department.
4.2 EMPLOYEE ASSISTANCE PROGRAM
The County has made available to all employees and qualifying dependents an
Employee Assistance Program (EAP). The program offers a range of services;
including counseling for depression, grief, loss and emotional wellbeing, family,
marital and other relationship issues, online wills preparation, addictions, financial
concerns, stress or anxiety, or concerns regarding pets or elderly loved ones, or
identity theft issues. Their online resources include videos, guides, articles,
webinars, self-assessments, and face-to-face counseling sessions.
The EAP program is completely confidential. For additional information about the
EAP, employees should contact the Human resources Department, or access the
brochure on the County’s Intranet site. The EAP 24/7 contact number is 1-888-
293-6948 or TDD: 1-800-327-1833.
4.3 RETIREMENT
Eligible County employees participate in the Public Employees Retirement System
(PERS) or the Oregon Public Service Retirement Plan (OPSRP). Public employees
hired on or after August 29, 2003 become part of OPSRP, unless membership has
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been previously established in PERS. There is a six-month mandatory waiting
period for new employees not actively enrolled in PERS.
Employees wishing to retire under PERS and return to work for the County will be
subject to the County’s PERS Retiree Policy, a copy of which is available on the
County’s Intranet site.
4.4 COUNTY VEHICLES
Employees who need a County vehicle to assist in the performance of their official
duties may be provided a County vehicle, if available, on a short- or long-term
basis.
Employees should review the Coos County Vehicle Policy and Procedures
available on the Intranet site under Policies.
Employees using a private vehicle to conduct County business must possess a valid
driver’s license and must carry auto liability insurance. Employees who use their
own vehicles for authorized County business use should make any necessary
arrangements with their insurance carriers.
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5.0 LEAVE POLICIES
5.1 PAID HOLIDAYS
The County recognizes the following paid holidays:
New Year’s Day
Martin Luther King, Jr. Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
Christmas Day
If the recognized holiday falls on Saturday, the holiday is observed the preceding
Friday. If the recognized holiday falls on Sunday, the holiday is observed the
following Monday.
Employees who are off work due to sickness or vacation shall be paid for the
holiday in lieu of using paid leave. Holidays will not be counted as hours worked
for the purposes of determining overtime. Employees on unpaid leaves of absence
shall not be eligible for holiday pay.
Non-exempt employees required to work on a holiday will receive compensatory
time off or pay at 1.5 times their regular rate of pay.
Extra help or seasonal employees will be paid straight time for hours actually
worked on a holiday. If hours worked on a holiday cause the employee to work
over 40 hours in the work week, hours over 40 will be paid at the overtime rate.
5.2 FLOATING HOLIDAYS
Represented employees shall be entitled to two floating holidays after completion
of the required probationary period, provided they receive a satisfactory (mid-
range or higher) performance evaluation. Non-represented employees shall be
eligible for floating holidays after completion of one year of employment. Floating
holidays are credited to each employee’s leave bank on July 1 and must be used
by June 30 of the following year. Unused floating holidays are forfeited and may
not be traded for pay. There is no cash compensation for unused floating holidays
upon terminating employment.
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After 15 years of County service, full time employees are entitled to one additional
floating holiday for a total of three floating holidays per fiscal year, unless
otherwise specified by a collective bargaining agreement.
Part-time employees are entitled to floating holidays on a pro-rated basis.
5.3 VACATION
Vacation time is intended to provide time away from work for rest and recreation
and may not be taken as a cash payment. The use of vacation time is subject to
Supervisor approval and should ideally be provided with at least two weeks’ notice
or enough advance notice for adequate coverage if needed. A Department may
have their own requirements or rules for advance notice. Employees are
responsible for being familiar with their Department requirements.
An employee’s vacation accrual cannot exceed a maximum of twice the employee’s
annual accrual rate. Vacation benefits will stop accruing once the maximum has
been reached. When this total is reduced below the maximum allowable, the
benefit will begin accruing again.
Vacation leave must be used in quarter-hour increments and will not accrue during
an unpaid leave of absence. Vacation leave will not be counted as hours worked
for the purposes of determining overtime.
Required Vacation
County employees are encouraged to take at least ten vacation days per year to
ensure a meaningful and relaxing break from work. Employees with accounting
controls (having authority to prepare and submit vouchers for payment and/or
taking and receipting money) within their department must take at least five
consecutive accrual days per fiscal year or work out of their area of control for the
equivalent amount of time.
Vacation Payout Upon Termination
Employees who have served at least one year in County service are entitled to
cash compensation for accrued vacation leave up to their maximum accrual upon
termination of employment. All regular full time employees terminating
employment on or before the 15
th
of the month shall only accrue 50% of their
vacation time for that month.
New Hires
To be eligible for vacation accruals for the first month of hire, full time new
hires must work a minimum of 80 hours. If hired on or before the 14
th
of the
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month a new hire shall accrue 100% of his/her regular monthly vacation
accrual/8 hours per month. If hired on or after the 15
th
of the month, no
vacation shall accrue until the following month.
Newly hired part time employees (at least 50%) shall have their vacation accruals
pro-rated, following the same rules above. Temporary and extra help employees
do not accrue vacation.
Employees covered under a Collective Bargaining Agreement shall be allowed to
utilize their accrued vacation time in accordance with the rules set forth in the
CBA. For non-represented employees, vacation time may be utilized after six
continuous months of employment.
5.4 SICK LEAVE
Employees begin to accrue sick leave on the first day of employment but may not
use paid sick leave until their 91
st
day of employment, or as otherwise specified in
their collective bargaining agreement. Sick leave will accrue at the rate of eight
hours for each calendar month of active employment for eligible full-time
employees and on a pro-rated basis for part-time employees. For all new
employees hired after May 1, 2021, unused sick time shall be capped at 700
hours. There is no sick leave limit for employees hired prior to May 1, 2021.
Sick Leave Payout Upon Termination of Employment
For employees having completed a minimum of one year of County service, 25%
of the first 960 hours of sick leave will be paid to the employee upon termination of
employment. The remaining balance will be reported to PERS.
Sick leave must be used in quarter-hour increments and will not accrue during an
unpaid leave of absence.
Sick Leave Use
Sick leave is available for use for absences due to personal or qualifying family
member injury, illness, doctor and dental appointments, quarantine, any purpose
allowed under the Oregon Family Leave Act including bereavement leave, or if the
employee or the employee’s minor child or dependent is a victim of domestic
violence, harassment, sexual assault or stalking as defined by Oregon law.
For sick leave use, qualifying family member is defined as: spouse, child
(biological, adoptive, step, foster) parent (adoptive, step, foster, in-law),
grandparent, grandchild, and any individual with whom the employee has or had
an in loco parentis relationship. Also includes same gender domestic partner and
same gender domestic partner’s child or parent as defined above.
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An employee absent for more than three consecutive scheduled workdays as sick
leave may be required by their immediate Supervisor or Department Head to
furnish reasonable documentation showing that the absence was for an approved
reason. Reasonable documentation includes documentation signed by a healthcare
provider, or documentation for victims of domestic violence, harassment, sexual
assault or stalking. The Supervisor or Department Head shall have the discretion of
whether to require such reasonable documentation.
Sick pay is intended solely to provide income protection in the event of illness or
injury. An employee is prohibited from working elsewhere while on paid sick leave.
Sick leave will not be counted as hours worked for the purposes of determining
overtime.
Sick Leave Abuse
If County suspects sick leave abuse, including but not limited to repeated use of
unscheduled sick leave or repeated use of sick leave adjacent to weekends,
holidays, vacations and paydays, County may require documentation from a
healthcare provider. Employees found to have abused sick leave as described here
may also be subject to discipline, up to and including dismissal.
New Hires
All newly hired regular full time employees hired on or before the 14
th
of the
month shall accrue 8 hours sick leave for that month. Newly hired regular full
time employees hired on or after the 15
th
of the month shall accrue 4 hours sick
time for that month, and 8 hours per month thereafter.
All newly hired part time employees (at least 50%) hired or before the 14
th
of
the month shall accrue 4 hours sick leave for that month. Newly hired part
time employees (at least 50%) hired on or after the 15
th
of the month shall
accrue 2 hours sick time for that month, and 4 hours per month thereafter. For
newly hired part time employees classified at less than 50%, sick time accrual
shall be pro-rated or in accordance with the Oregon Sick Time Rules, whichever
is greater.
Sick leave, if taken by new hires prior to their eligibility start date, shall be
leave without pay.
5.5 LEAVE DONATION
Employees with a serious health condition who have exhausted their accrual
balances may receive sick leave donations from other County employees, capped
at 240 hours per year. Requests for leave donation must be made to Human
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Resources for a determination of whether the employee qualifies for leave
donations.
Only employees with an accrual balance over 240 sick leave hours are eligible to
donate sick leave hours, and are not permitted to donate more than 40 hours per
calendar year. Employees may not donate vacation leave.
5.6 BEREAVEMENT LEAVE
Employees may take up to five days of paid bereavement leave in the event of a
death of a family member. Days off do not have to be consecutive, but must be
used within six months of the death. For paid bereavement leave, family member
is defined as spouse, registered same sex domestic partner, child (biological,
adopted, foster, stepchild), parent (custodial, non-custodial, adoptive, foster, step
and biological), parent-in-law, grandparent, grandchild, or same-sex domestic
partner’s parent or child, or a person with whom the employee is or was in a
relationship of in loco parentis.
Employees requiring more time off in the event of a death in the family should
notify their Supervisor. Under OFLA, bereavement leave may be extended to two
weeks of leave within 60 days of the notice of the death of a covered family
member. Employees taking extended bereavement leave under OFLA must use
accrued sick, vacation, or compensatory leave, and time off will count towards the
total amount of OFLA eligible leave. If no paid leave is available, the employee
may take the leave without pay, up to two weeks.
5.7 FAMILY LEAVE – PROTECTED LEAVE
The County recognizes that employees need support in balancing their work with
personal and family responsibilities. Under specific circumstances, state and
federal law allow employees to take up to 12 weeks (and in specific circumstances,
up to 36 weeks) of protected time off during a rolling 12-month period under the
Family Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) for a
variety of purposes such as personal illness, childbirth and illness of a family
member.
The County uses a 12-month rolling backwards measure to track leave under FMLA
and OFLA, which means that each time an employee takes leave, the remaining
leave entitlement would be any balance of the 12 weeks which has not been used
during the immediately preceding 12 months.
Upon notice, the Supervisor will notify the Human Resources Department of the
need for protected leave. Human Resources will then provide the employee with
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the required forms. Employees may be required to complete a Family Leave
Request Form and to have the applicable certification form completed by a health
care provider and returned prior to the commencement of the leave. Employees
requesting unpaid family leave must first use any available sick, vacation, or
compensatory time. For Human Resources tracking purposes, Supervisors should
ensure that any leave taken under OFLA/FMLA is clearly marked on the employee’s
timesheet.
Employees returning from family leave taken for their own health condition may be
required to provide a medical release or Fitness for Duty form prior to or upon
returning to work indicating they are able to return to work and whether there are
any restrictions.
Eligibility
County employees with a qualifying event are eligible to take OFLA-protected leave
once they have been employed for at least six months and work an average of 25
hours per week or more (except for parental leave, when no weekly average is
required). Under OFLA, family member is defined as spouse, parent (custodial or
non-custodial, adoptive, foster biological, step, in-law), child (biological, adopted,
legal ward, foster, step or child with whom the employee is in a relationship of in
loco parentis), grandparent, grandchild, registered same sex domestic partner, and
parent or child of a registered same sex domestic partner. For purposes of OFLA
serious health condition leave, the “child” can be any age. For all other types of
leave under OFLA, the “child” must be under the age of 18 or over 18 if incapable
of self-care because of a mental or physical disability.
OFLA qualifying purposes:
To care for a family member with a serious health condition or the
employee’s own serious health condition.
For pregnancy disability or prenatal care.
For the birth, adoption or foster care placement of a child.
To care for a sick child who does not have a serious health condition but
requires home care.
Because the spouse or same-gender domestic partner of the employee has
been called to or is on leave from active military duty.
Bereavement leave following the death of a family member, including funeral
arrangements and grieving.
County employees with a qualifying event are eligible to take FMLA-protected leave
once they have been employed for at least 12 months (not necessarily
consecutive) and have worked at least 1,250 hours during the 12 months
immediately preceding the family medical leave. Under FMLA, family member is
defined as spouse, parent, son or daughter.
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FMLA qualifying purposes:
The birth of a child or placement of a child for adoption or foster care.
To bond with a child.
To care for the employee’s spouse, child, or parent who has a qualifying
serious health condition.
For the employee’s own qualifying serious health condition.
For qualifying exigencies related to the foreign deployment of a military
member.
Request For Protected Leave
In situations where the need for family leave is known or anticipated, employees
should give 30 days’ notice to take family leave. If the leave is anticipated less
than thirty 30 days in advance, employees must give notice as soon as is practical.
In unanticipated or emergency situations where there is no opportunity to give
notice, employees must notify their Supervisor verbally within two business days of
the emergency situation.
Medical Certification
Certification of the need for family leave is required by the Human Resources
Department. In the event of a personal health condition or that of a covered family
member, the certification must be provided by a medical professional within 15
days of the request for family leave.
If medically necessary, family leave may be taken on an intermittent or reduced
schedule. Details of the proposed schedule should be verified by a certifying
medical professional. Employees should discuss the need for intermittent leave
with their Supervisor. The County may require updated medical certifications
during intermittent leave periods.
Reinstatement
Employees returning from family leave will be reinstated to the same or an
equivalent position with equivalent benefits, pay, and other terms and conditions
of employment, unless their former positions have been eliminated for bona fide
business reasons.
Benefits During Leave
While an employee is on an absence covered by FMLA and OFLA, the County will
continue to pay its share of benefit premiums whether or not the employee is
receiving wages while on leave. The employee is required to pay the employee’s
regular contribution toward premiums, if any.
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5.8 MILITARY LEAVE OMFLA / FMLA
Employees may be eligible for leave under the Oregon Military Family Leave Act
(OMFLA) if they have worked at least 20 hours per week (no minimum length of
employment required). A different calculation method applies for reemployed
service members under the Uniformed Services Employment and Reemployment
Rights Act (USERRA) who seek OMFLA leave. For information on this type of leave,
contact the Human Resources Department.
Call to Active Duty Leave: Eligible employees with a spouse, son, daughter or
parent on active duty or call to active duty status in the regular Armed Forces,
National Guard or Reserves in support of a contingency operation may use their
12-week leave entitlement to address certain “qualifying exigencies.” “Qualifying
exigencies” may include attending certain military events, arranging for alternative
childcare, addressing certain financial and legal arrangements, attending certain
counseling sessions, and attending post-deployment reintegration briefings. This
type of leave is available under FMLA only; however, under OFLA, specifically
under the Oregon Military Family Leave Act, during a period of military conflict, as
defined by the statute, eligible employees with a spouse or registered same-sex
domestic partner who is a member of the Armed Forces, National Guard, or
military reserve forces of the U.S. and who has been notified of an impending call
or order to active duty, or who has been deployed, is entitled to a total of 14 days
of unpaid leave per deployment after the military spouse or registered same-sex
domestic partner has been notified of an impending call or order to active duty and
before deployment and when the military person is on leave from deployment.
Service member Family Leave: Eligible employees may take up to 26 weeks of
leave to care for a “covered service member” during a single 12-month period. A
“covered service member” is a current member of the Armed Forces, including a
member of the National Guard or Reserves, who has a serious injury or illness
incurred in the line of duty on active duty that may render the service member
medically unfit to perform his/her duties for which the service member is
undergoing medical treatment, recuperation, or therapy; or is in outpatient status;
or is on the temporary disability retired list. Under some circumstances, a veteran
will be considered a “covered service member.” This type of leave is available
under FMLA only.
For Call to Active Duty Leave, notice must be provided as soon as practicable,
regardless of how far in advance such leave is foreseeable.
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5.9 MILITARY LEAVE
The County will grant military leave to employees on duty with a uniformed service
in accordance with the Uniformed Services Employment and Reemployment Rights
Act (USERRA). Employees requesting military leave are required to provide
written notice to their Supervisor as soon as practicable following notification of
military call or reservist duty, unless precluded by military necessity.
Upon honorable discharge, such employees will be reinstated in their job, or if
unavailable, be placed in the first available comparable job with equal or better pay
than when the employee left. Employees on military leave will not lose seniority or
employment rights.
Employees on annual active duty for training as a member of the National Guard,
National Guard Reserve, or any component of the Armed Forces of the United
States or the United States Public Health Services, are entitled to leave, upon
application, not to exceed 15 days in one calendar year without loss of time, pay,
or regular leave, and without impairment of merit rating or other rights or benefits
to which the employee is entitled.
The County will grant leave for participation in Peace Corps and VISTA in
accordance with Oregon Revised Statutes.
5.10 VETERANS DAY
The County will provide unpaid time off for Veterans Day if an employee would
otherwise be required to work on that day and if the employee provides: (a) at
least three weeks’ written notice to their Supervisor that he/she intends to take
time off for Veterans Day; and (b) documents showing veterans status. The
County will notify the employee, at least 14 days before Veterans Day, whether
time off for Veterans Day is permitted. If the County determines that providing
time off on this holiday would cause significant economic or operational disruption
or undue hardship, the request will be denied, but the County will allow the
employee to take a single day off within one year of Veterans Day.
5.11 JURY DUTY
Leave with pay will be granted for the time required for jury duty. Employees
should immediately inform their Supervisor and provide a copy of the juror
summons. Compensation received for jury duty, excluding mileage, is to be
surrendered to the County Treasurer. Employees are expected to return to work
when not selected for jury duty. Volunteer jury service of any kind will not be
compensated.
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5.12 COURT APPEARANCES
Employees required to appear in court or before a legislative committee or judicial
or quasi-judicial body in connection with their official job duties, including travel,
will be allowed to do so on paid time. Prior to the hearing date, employees are
required to inform County Counsel of any work-related court or legislative
committee appearances.
Employees required to appear in court, or before a legislative committee or judicial
or quasi-judicial body for a non-work related reason may do so by using accrued
vacation leave.
5.13 UNPAID LEAVE OF ABSENCE
For exempt employees, a Department Head may approve an unpaid leave of
absence of up to 90 calendar days upon written request from an employee,
provided that the temporary absence of the employee does not seriously hinder
the department’s work. The Board of Commissioners may approve a leave of
absence greater than 90 days at its discretion.
Non-exempt employees are subject to the Leave of Absence policy in their
Collective Bargaining Agreement.
An unpaid leave of absence will not be approved for employees accepting other
employment.
An employee out on an unpaid leave of absence of more than two months, excluding
employees out under USERRA or protected leave, will result in an adjustment of the
employee’s eligibility for longevity increase.
5.14 LEAVE FOR RELIGIOUS OBSERVANCES
Employees may use vacation accruals for religious holy days or to participate in a
religious observance or practice. If accrued leave is not available, an employee
may request to take unpaid leave. Such requests must be to their immediate
Supervisor, or the Department Head with sufficient notice. (See also Religious
Accommodations under the ADA Section of this handbook).
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5.15 CRIME VICTIM LEAVE REQUESTS
An employee who has worked an average of at least 25 hours per week for 180
days is eligible for reasonable time off to attend criminal proceedings if the
employee or family member has suffered financial, social, psychological, or
physical harm as a result of being a victim of certain felonies, such as kidnapping,
rape, arson, and assault.
For the Crime Victim Leave Policy, Family Member includes spouse, registered
same-sex domestic partner, father, mother, sibling, child, stepchild or
grandparent.
Employees who are eligible for crime victim leave must:
Use any accrued, but unused vacation/sick leave during the leave period;
Submit a request for the leave in writing to their immediate Supervisor or
Department Head as far in advance as possible, indicating the amount of
time needed, when the time will be needed, and the reason for the leave.
In all circumstances, County may require certification of the need for leave, such
as copies of any notices of scheduled criminal proceedings that the employee
receives from a law enforcement agency or district attorney’s office, police report,
a protective order issued by a court, or similarly reliable sources.
5.16 DOMESTIC VIOLENCE LEAVE
All employees are eligible for reasonable leave to address domestic violence,
harassment, sexual assault, or stalking of the employee or his/her minor
dependents or any other purposes under ORS 659A.272.
Reasons for taking leave include the employee’s (or the employee’s dependents)
need to: seek legal or law enforcement assistance or remedies; secure medical
treatment for or time off to recover from injuries; seek counseling from a licensed
mental health professional; obtain services from a victim services provider; or
relocate or secure an existing home.
Leave is generally unpaid, but the employee may use any accrued vacation or sick
leave while on this type of leave.
When seeking this type of leave, the employee should provide as much advance
notice as is practicable of his/her intention to take leave, unless giving advance
notice is not feasible.
Notice of need to take leave should be provided by submitting a request for leave
in writing to their immediate Supervisor or Department Head as far in advance as
possible, indicating the time needed, when the time will be needed, and the reason
for the leave. The County will then generally require certification of the need for
the leave, such as a police report, protective order or other evidence of a court
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proceeding, or documentation from a law enforcement officer, attorney, healthcare
professional, member of the clergy, or victim services provider.
If more leave than originally authorized needs to be taken, the employee should
give County notice as soon as is practicable prior to the end of the authorized
leave. When taking leave in an unanticipated or emergency situation, the
employee must give verbal or written notice as soon as is practicable. When leave
is unanticipated, this notice may be given by any person on the employee’s behalf.
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6.0 HARASSMENT, BULLYING, & WHISTLEBLOWING
POLICY
6.1 HARASSMENT AND BULLYING
Harassment
Workplace harassment will not be tolerated. Harassment includes conduct
constituting discrimination based on an individual’s race, color, religion, sex, sexual
orientation, disability, gender identity, genetic information, domestic violence
status, marital status, pregnancy status, veteran status, national origin, or age (if
over 18), or any other protected status or activity recognized under Oregon,
federal, or local law.
Harassment could be in the form of verbal, written or physical conduct that
denigrates, makes fun of, or shows hostility towards an individual because of that
individual’s protected class, telling ethnic jokes, making religious slurs, using
offensive “slang” or other derogatory terms denoting a person’s speech, accent or
disability. Workplace harassment also includes conduct between employees at a
work related event (an event coordinated by or through the employer) that is off
premises from the employee’s regular place of employment.
Sexual harassment is defined as unwelcome sexual advances, requests for sexual
favors, and other verbal or non-verbal communication or physical conduct of a
sexual nature where:
Submission to such conduct is made, either explicitly or implicitly, a term or
condition of an individual’s employment;
Submission or rejection of such conduct by an individual influences any
employment-related decisions affecting the individual; or,
The conduct has the purpose or effect of reasonably interfering with an
individual’s work performance or creating an intimidating, hostile or
offensive work environment.
An employee who experiences or witnesses harassment is encouraged, but not
required, to tell the harasser that the behavior is offensive and unwanted and that
they want it to stop. If an individual believes they have been discriminated against
or at the receiving end of harassment, or if an individual witnesses such behavior
(or has credible information about such behavior occurring) they should bring the
matter to the attention of their Supervisor. If they do not feel comfortable
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discussing their concerns with their Supervisor, or if they have questions relating
to the issues of discrimination or harassment, they should contact the Human
Resources Department.
Employees are encouraged to document the information or incident in any written
or electronic form, or with a voice mail message or phone call.
Bullying
Bullying is defined as any repeated, severe or pervasive verbal or physical actions by
an individual or a group, directed towards another individual or group of persons,
intended to intimidate and harm the health and safety of the employee(s). Bullying
behavior could include (but is not limited to) any of the following:
Persistent name calling that is hurtful, insulting or humiliating; using a person
as the butt of jokes; abusive and offensive remarks;
Physical bullying, such as shoving, kicking, tripping or threat of physical
assault; damage to a person’s work area or property;
Gesture bullying such as non-verbal threatening gestures or glances that
convey threatening messages;
Exclusion bullying. Socially or physically excluding or disregarding a person in
work related activities; failing to be cooperative with coworkers;
Cyber bullying. Using electronic technology, including social media, text
messages, chat and websites to engage in bullying.
6.2 BULLYING, HARASSMENT OR DISCRIMINATION COMPLAINT
PROCEDURE
If an individual wishes to file a report, notice or complaint of bullying, harassment
or discrimination, the complaint should be in writing and should include details of
the incident, names of individuals involved, and names of any other witnesses.
Supervisors and Department Heads are required to inform the Human Resources
Department about reports of bullying, harassment or discrimination they receive
from employees within three working days of being notified.
All complaints, reports, or notifications of such behavior will be promptly and
impartially investigated and will be kept confidential, to the extent possible,
consistent with County’s need to address the situation. If bullying or harassing
conduct of any kind is found to have occurred, County will take prompt,
appropriate corrective action, up to and including possible dismissal for the
individual(s) responsible for such behavior, if warranted. All records pertaining to
the complaint shall be kept by the Human Resources Department. If applicable,
County shall follow up with the victim(s) of the alleged harassment every three
months for the calendar year following the allegation. If a party to a complaint
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does not agree with its resolution, that party may appeal in writing to the Board of
Commissioners.
6.3 PROTECTION AGAINST RETALIATION
Employees have a right to be protected from retaliation. Coos County will not
retaliate in any way against an employee who reports discrimination or
harassment, nor will the County permit any other employee to retaliate.
Employees who believe they have been retaliated against should immediately
report it to the Human Resources Department, or alternatively, the Office of
County Counsel. The County shall conduct an investigation regarding the
complaint maintaining anonymity and confidentiality to the greatest extent
possible. Appropriate corrective action will be taken if warranted by the
investigation.
6.4 OTHER RESOURCES AVAILABLE
Employees who are victims of harassment may be entitled to a ‘reasonable safety
accommodation’ that will allow the employee to safely continue to work, unless
such accommodation would impose an ‘undue hardship’ on the County. Requests
for reasonable safety accommodations should be directed to the Human Resources
Department.
Individuals have the right to address a complaint through the Oregon Bureau of
Labor and Industries (BOLI) complaint resolution process, or under any other
available law, whether criminal or civil. Legal action requires the individual(s) to
provide the County with written notice of the claim within 180 days. The statute of
limitations for unlawful discrimination, harassment and sexual harassment under
ORS 659A.030, 659A.082, or 659A.121 is five years from the date of occurrence.
County employees have access to an Employee Assistance Program through
Standard Insurance Co. This is a free service for employees and dependents. For
access to confidential help 24 hours a day, 7 days a week, call toll free 1-888-293-
6948 or www.workhealthlife.com/Standard3. The EAP program offers confidential
counseling services, legal consultation, etc.
Employers are prohibited from asking an employee to enter into a non-disclosure
agreement or a non-disparagement agreement. Employers cannot prevent an
employee from discussing or communicating about his/her experiences in the
workplace relating to workplace harassment, discrimination or sexual assault.
However, if an employee who has been aggrieved by workplace harassment,
discrimination or sexual assault initiates a written request to enter into a
settlement, separation, or severance agreement with the County regarding their
experience and/or employment status, then non-disclosure and non-
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disparagement are terms that may be agreed upon between the employee and the
County. To initiate such a request, the employee should contact the Human
Resources Department. If the County and employee reach an agreement, the
employee will have seven days to revoke any such agreement after signing it.
Requests of this nature shall be considered on a case by case basis. Such an
agreement would prevent the employee from speaking slightingly about the
County or making comments that would lower the County in rank or reputation.
The County will not retaliate against employees who make reports or disclosures of
information of the type described above when the employee reasonably believes
he/she is disclosing information about conduct that is improper or unlawful, and
who lawfully accessed information related to the violation (including information
that is exempt from disclosure as provided in Oregon law or by County policy).
In addition, the County prohibits retaliation against an employee for participating
in good faith in any investigation or proceeding resulting from a report made
pursuant to this policy. Further, no County employee will be adversely affected
because he/she refused to carry out a directive that constitutes fraud or is a
violation of local, Oregon, federal or other applicable laws and regulations. The
County may take disciplinary action (up to and including dismissal) against an
employee who has engaged in retaliatory conduct in violation of this policy.
This policy is not intended to protect an employee from the consequences of
his/her own misconduct or inadequate performance simply by reporting the
misconduct or inadequate performance. Furthermore, an employee is not entitled
to protections under this policy if the County determines that the report was
known to be false, or information was disclosed with reckless disregard for its truth
or falsity. If such a determination is made, an employee may be subject to
discipline up to and including dismissal.
6.5 ADDITIONAL PROTECTION FOR REPORTING EMPLOYEES
Oregon law provides that, in some circumstances, an employee who discloses a
good faith and objectively reasonable belief of the County’s violation of law will
have an “affirmative defense” to any civil or criminal charges related to the
disclosure. For this defense to apply, the employee’s disclosure must relate to the
conduct of his/her coworker or Supervisor acting within the course and scope of
his/her employment. The disclosure must have been made to: (1) a state or
federal regulatory agency; (2) a law enforcement agency; (3) a Supervisor with
the County; or (4) an Oregon-licensed attorney who represents the employee
making the report/disclosure. The defense also only applies in situations where
the information disclosed was lawfully accessed by the reporting employee.
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6.6 WHISTLEBLOWER POLICY
It is the responsibility of all County employees to report violations or suspected
violations of applicable laws, policies, and regulations. Employees should share
their concerns, suggestions, or complaints with someone who can properly address
them. Typically, concerns should be shared with a Supervisor, Department Head,
the Human Resources Department, or the Board of Commissioners. This policy in
no way limits an employee’s right to engage in rights protected by the Public
Employees Collective Bargaining Act.
The County will not retaliate against employees who disclose information that the
employee reasonably believes is evidence of:
1. A violation of any Federal, Oregon, or local law, rules or regulations by the
County;
2. Mismanagement, gross waste of funds, abuse of authority;
3. A substantial and specific danger to public health and safety resulting from
actions of the County; or
4. The fact that a recipient of government services is subject to a felony or
misdemeanor arrest warrant.
Further, in accordance with Oregon law, the County will not prohibit an employee
from discussing the activities of a public body or a person authorized to act on
behalf of a public body with a member of the Legislative Assembly, legislative
committee staff acting under the direction of a member of the Legislative
Assembly, any member of the elected governing body of a political subdivision, or
an elected auditor of a city, county or metropolitan service district.
Anyone filing a complaint concerning a violation or suspected violation must be
acting in good faith and have reasonable grounds for believing the information
disclosed indicates a violation. Any allegations that prove to have been made
maliciously or knowingly to be false will be viewed as a serious disciplinary offense.
Discrimination or retaliation against employees who report in good faith alleged
violations of applicable laws, rules, or regulations shall not be tolerated. Any
employee, who believes that he/she has been subjected to discrimination or
retaliation for whistleblowing, or that a violation of this policy has occurred, should
immediately contact the Human Resources Department or the Board of
Commissioners. The County shall conduct an investigation regarding the complaint
maintaining anonymity and confidentiality to the greatest extent possible.
Appropriate corrective action will be taken if warranted by the investigation.
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7.0 WORKPLACE ACCOMMODATIONS
7.1 AMERICANS WITH DISABILITIES ACT
The County prohibits retaliation or discrimination against any employee who, under
this policy: (1) asks for information about or requests workplace accommodations;
(2) uses accommodations provided by the County; or (3) needs an
accommodation.
The County is committed to complying with all federal and state laws concerning
the Americans with Disabilities Act and the Americans with Disabilities
Amendments Act (ADA), and to act in accordance with regulations and guidance
issued by the Equal Employment Opportunity Commission (EEOC). The County will
reasonably accommodate employees with a qualifying disability to enable them to
perform the essential functions of a position, unless in doing so, such
accommodation(s) causes an undue hardship to the County, or causes a direct
threat to others in the workplace.
This policy also applies equally to applicants for County employment requiring ADA
accommodations. Upon notification by an applicant seeking employment with the
County for accommodation(s) under the ADA, the County may ask the applicant
limited questions about reasonable accommodation, including enquiring about what
accommodations would be needed, if any. Upon a conditional offer of employment
being extended to an applicant, the County may require documentation from the
applicant’s health care provider and/or completion of a medical accommodation
certification form. The County has the right to deny requests that pose a direct
threat to the health and safety of County employees, customers or the public.
7.2 ACCOMMODATIONS
Accommodations may include, but are not necessarily limited to the following:
Making existing facilities accessible.
Restructuring a job.
Permitting modified work schedules.
Allowing work to be performed at home, if possible.
Acquiring or modifying equipment, including ergonomic modifications.
Changing tests, training materials or policies.
Providing qualified readers or interpreters.
Reassigning an employee to an open position, as long as the employee is
able to perform the essential functions of the position, with or without
reasonable accommodation(s).
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All ADA requests should be directed to the Human Resources Department. The
employee may not necessarily use the words ADA or accommodations in order to
qualify. In consultation with the employee’s Supervisor, the Human Resources
Department will start an ADA interactive process with the employee to determine
whether the employee has a protected disability that qualifies under the ADA. This
discussion shall include accommodations sought to enable the employee to
perform his/her job, or for the applicant to complete the interview process. The
employee may be asked to provide information regarding the nature of his/her
disability and functional limitations. Input may be sought from the employee’s
Supervisor, who may have knowledge on the duties of the position and worksite.
The employee’s job description will be reviewed to determine the essential
functions of the job, and identify nonessential tasks (if any). A determination will
be made by the Human Resources Department whether accommodation(s)
requested are reasonable or will create an undue hardship. After the types of
accommodations have been determined, the County shall document specific
accommodations that will be made and notify the employee accordingly.
The Employee may be asked to provide reasonable documentation from a health
care provider regarding the nature of the impairment(s), severity, duration,
activities limited, and the extent to which the impairment(s) limits the employee’s
ability to perform his/her essential job duties/functions. A copy of the employee’s
job description may be provided to the health care provider. If the County finds
the need to consult with the employee’s health care provider, written permission
(medical release form) will be obtained first from the employee. The County may
require the employee’s health care provider to complete a medical accommodation
certification form. Should an employee refuse to provide the reasonable requested
documentation, the employee may be denied accommodation(s) under the ADA.
Should the employee provide insufficient information from his/her health care
provider, and upon request by the County, fails to rectify the insufficiency, the
County reserves the right to request the employee go to an appropriate health
care professional of the employer’s choice for a medical exam. The County shall
pay for all costs associated with the visit(s) and such visit(s) shall only be for
determining the existence of an ADA disability and the functional limitations that
require reasonable accommodation.
Appropriate health care professionals include physicians, psychiatrists,
psychologists, nurses, physical therapists, occupational therapists, speech
therapists, vocational rehabilitation specialists, nurse practitioners, and licensed
mental health professionals
In determining if an undue hardship exists, the County shall rely on the nature and
cost of the accommodation; the overall financial resources of the department
involved in the provision of the reasonable accommodation(s), the number of
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person’s employed in the department, the effect on expenses and resources, or
the impact of such accommodation on the operation of the department.
ADA requests sometimes coincide with workers compensation claims and requests
for leave under the Family and Medical Leave Act. Therefore, it shall be the
responsibility of the Human Resources Department to implement the County’s ADA
policy and to handle the resolution of reasonable accommodation, safety/direct
threat and undue hardship issues. The Human Resources Department shall also be
responsible for ensuring required notices are posted, and to maintain copies of
accommodation requests, supporting medical information and documentation in a
file separate from the employee personnel file, consistent with the confidentiality
requirements of the ADA.
7.3 PREGNANCY ACCOMMODATION
Employees who are concerned that their pregnancy, childbirth or a pregnancy
related medical condition (including lactation) will limit or impact their ability to
perform their duties should inform their immediate supervisor to request an
accommodation or contact the Human Resources Department to discuss their
options for continuing work or leave of absence options such as OFLA/FMLA.
All requests for accommodation should be in writing and specify which essential
functions of the employee’s job cannot be performed without a reasonable
accommodation. In most cases, information from the employee’s health care
provider may be needed to assist the County, or to verify the employee’s need for
an accommodation. Both the County and the employee must monitor the
employee’s accommodation situation and make adjustments as needed.
The County will provide one or more reasonable accommodations pursuant to this
policy for employees with known limitations unless such accommodations impose
an undue hardship on the County’s operations.
Although this policy refers to “employees,” the County will apply this policy equally
to a job applicant with known limitations caused by pregnancy, childbirth or a
related medical condition.
7.4 NURSING MOTHERS
The County shall provide reasonable rest periods to employees needing to express
milk each time the employee has a need to do so. The time to be taken for
expressing breastmilk shall vary depending on the needs of the employee. The
County shall treat rest breaks to express milk as paid rest breaks up to the amount
of time the County is required to provide paid rest breaks and/or meal periods.
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Additional time needed beyond the paid rest breaks and/or meal periods may be
taken as unpaid time.
The County shall not require the employee to work longer hours to make up
unpaid time spent expressing milk, and shall not require the employee to use paid
accruals. An employee who intends to express milk during work hours must give
reasonable notice to their Supervisor in order to allow for job coverage
preparations. The County shall not be responsible for storing expressed milk. The
nursing mother is permitted to bring a cooler or other insulated food container to
work for storing the expressed milk.
7.5 REASONABLE ACCOMMODATION FOR VICTIMS OF CERTAIN
CRIMES
The County offers reasonable safety accommodation to employees who are victims
of domestic violence, sexual assault, stalking, or criminal harassment. When an
employee requests a reasonable safety accommodation, the County will engage in
discussions with the employee about the nature and scope of a reasonable safety
accommodation that will best address the particular safety concern affecting the
individual employee, unless such accommodations impose an undue hardship on
the County.
A reasonable safety accommodation may include, but is not limited to, a transfer,
reassignment, modified schedule, paid or unpaid leave, changed work station or
telephone number, workplace facility or work requirement in response to actual or
threatened domestic violence, sexual assault, stalking, or criminal harassment.
Employees should contact their immediate Supervisor, Department Head or the
Human Resources Department with requests for reasonable safety
accommodations. See also Section 5.0 which contains information on the Crime
Victim Leave Policy and Domestic Violence leave.
7.6 RELIGIOUS ACCOMMODATION
The County respects the sincerely held religious beliefs and observances of all
employees and will make, upon request, an accommodation for such beliefs and
observances when a reasonable accommodation is available that does not create
an undue hardship on County business.
An employee whose religious beliefs or practices conflict with his/her job, work
schedule, with the County’s policy or practice on dress and appearance, or with
other aspects of employment should submit a written request for accommodation
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to his/her immediate Supervisor. The request should state the type of religious
conflict that exists and the employee’s suggested accommodation. Employees may
be asked to provide proof of the “sincerely held” religious belief.
The supervisor and employee will meet to discuss the request and the decision on
an accommodation. If the employee accepts the proposed religious
accommodation, the immediate supervisor will implement the decision. If the
employee rejects the proposed accommodation, the parties may discuss
alternative accommodations or the employee may contact the Human Resources
Department. See also Section 5.0 which contains information on Leave for
Religious Observances.
7.7 GENETIC INFORMATION NON-DISCRIMINATION ACT (GINA)
The County respects all employees’ privacy in their genetic information and
enforces a strict policy of nondiscrimination on the basis of genetic information.
The County will not discriminate, harass, or retaliate on the basis of genetic
information regarding any aspect of employment. Additionally, the County
prohibits the use of genetic information to make an employment decision.
According to the Equal Employment Opportunity Commission, genetic information
includes information about an individual’s genetic tests and the genetic tests of an
individual’s family members, as well as information about any disease, disorder, or
condition of an individual’s family members (i.e., an individual’s family medical
history).
Family medical history is included in the definition of genetic information as it is
often used to determine whether someone has an increased risk of getting a
disease, disorder, or condition in the future. Employees are encouraged not to
disclose any genetic or family medical history in the workplace. Any such
information that is inadvertently disclosed to the County will be kept in a file
separate from the employee’s personnel file.
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8.0 USE OF DRUGS, ALCOHOL & TOBACCO PRODUCTS
The County expects employees to report to work in a condition that is conducive to
performing their duties in a safe, effective and efficient manner. Employees who
misuse controlled substances, prescription or illegal drugs, or alcoholic beverages
pose a risk both to themselves and to everyone who comes into contact with or
depends upon them.
Prohibitions under this Policy do not apply to employees who possess or transfer
such items during the performance of their law enforcement duties, e.g. law
enforcement personnel collecting evidence.
8.1 PROHIBITED CONDUCT
a. The use or being under the influence of any alcohol while on County property
on County time, or while driving County vehicles (or personal vehicles while
on County business), or in other circumstances which adversely affect
County operations or safety of County employees or others.
b. The consumption of any intoxicating liquor during rest breaks or meal
periods, or within four hours of reporting to work. If use of alcoholic liquor or
an alcohol “hangover” adversely affects an employee's physical or mental
faculties while at work to any perceptible degree, or the employee's blood
alcohol content exceeds .02 percent, the employee will be deemed "under
the influence" for purposes of this rule.
c. Possession, distribution, dispensing, sale, attempted sale, use, manufacture
or being under the influence of any narcotic, hallucinogen, stimulant,
sedative, drug or other controlled substance while on County property on
County time, while driving County vehicles (or personal vehicles while on
County business), or in other circumstances which adversely affect County
operations or safety of County employees. The conduct prohibited by this
rule includes consumption of any controlled substance within four hours of
reporting to work or during rest breaks or meal periods. If use of such
substances or withdrawal symptoms adversely affects an employee's
physical or mental faculties while at work to any perceptible degree (see
definition of “reasonable cause testing” below), and if the employee tests
positive for any such substances by screening and confirmation tests, the
employee will be deemed under the influence for purposes of this rule. As
used in this policy, controlled substance includes, but is not limited to, those
listed in Schedules I through V of the Federal Controlled Substance Act,
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including marijuana that is otherwise lawful to use under Oregon, or any
other state’s law.
d. Bringing to County property, or possessing, items or objects on County
property that contain any controlled substance, including, for example, pot
brownies, edibles and candy containing marijuana. No employee, regardless
of position held, may knowingly serve items containing marijuana or any
other controlled substance to co-workers or members of the public while on
work time or on/in County property.
e. Bringing to County property equipment or any devices marketed for use or
designed specifically for use in ingesting, inhaling or otherwise introducing
marijuana or controlled substances, such as pipes, bongs, vape pens,
smoking masks, roach clips, and/or other drug paraphernalia.
f. Bringing equipment, products or materials that are marketed for use or
designed for use in planting, propagating, cultivating, growing, or
manufacturing marijuana, including live or dried marijuana plants to County
property.
8.2 PRESCRIPTION DRUGS AND MEDICAL MARIJUANA
With the exception of medical marijuana, nothing in this Policy is intended to
prohibit the use of a drug taken under supervision by a licensed health care
professional where its use does not present a safety hazard or otherwise adversely
impact an employee's performance or County operations.
An employee must inform his/her Supervisor regarding use of any prescription or
over-the-counter drugs that could affect ability to safely perform position duties. If
an employee's use of such prescription drugs could adversely affect County
operations or safety of County employees or other persons, County may reassign
the employee to other work or take other appropriate action to accommodate the
physical or mental effects of the medication. An employee’s failure to report use of
prescription drugs covered by this rule may result in disciplinary action, up to and
including dismissal. (Although an employee is not required to provide County with
the name(s) of the prescription medication(s) taken, medical verification of the
prescription may be required.)
The use of marijuana, which is a Schedule 1 controlled substance under federal
law, is expressly prohibited under this policy, even if its medical use is authorized
under state law. Employees who use medical marijuana in connection with a
disability should discuss with their Supervisor other means of accommodating the
disability in the workplace, as the County will not agree to allow an employee to
use medical marijuana as an accommodation.
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Reasonable Cause Testing
The County reserves the right to subject applicants who are given a conditional
offer of employment in a safety-sensitive position to a drug and alcohol test.
The County reserves the right to administer a drug or alcohol test on an
employee if he/she causes or contributes to an accident that seriously damages
a County vehicle, machinery, equipment or property, or he/she incurs an injury,
or causes an injury to another person requiring offsite medical attention, or if
the County reasonably suspects that an accident or injury may have been
caused by drug or alcohol use.
If there is reasonable cause to suspect that an employee is under the influence of
controlled substances or alcohol during work hours, or has used drugs or alcohol in
violation of this policy, County may require the employee to undergo testing for
controlled substances or alcohol.
As used in this policy, unless the context indicates otherwise:
The terms "test" and "testing" shall be construed to mean job impairment field
tests, laboratory tests, breathalyzer tests, and other tests of saliva, blood and
urine. No testing shall be performed under this rule without the approval of the
Human Resources Department.
"Reasonable cause" as used in this policy means an articulable belief based on
specific facts and reasonable inferences drawn from those facts that an employee
is more likely than not under the influence of controlled substances or alcohol, or
has used drugs or alcohol in violation of this policy. Circumstances which can
constitute a basis for determining "reasonable cause" may include, but are not
limited to:
• a pattern of abnormal or erratic behavior;
• information provided by a reliable and credible source;
• direct observation of drug or alcohol use;
• presence of the physical symptoms of drug or alcohol use (i.e., glassy or
bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination
and/or reflexes);
• unexplained significant deterioration in individual job performance;
• unexplained or suspicious absenteeism or tardiness;
• employee admissions regarding drug or alcohol use; and
• unexplained absences from normal work areas where there is reason to
suspect drug or alcohol related activity.
Supervisors should detail in writing the specific facts, symptoms or observations
that form the basis for their determination that ‘reasonable cause’ exists to
warrant alcohol or controlled substance testing of an employee or a search. This
documentation shall be forwarded to the Human Resources Department.
Whenever possible, Supervisors should locate a second employee or witness to
corroborate their “reasonable cause” findings.
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An employee whose initial laboratory screening test for controlled substances
yields a positive result may be given a second test. The second test shall use a
portion of the same test sample withdrawn from the employee for use in the initial
screening test. If the second test confirms the initial positive test result, the
employee shall be notified of the results in writing by either their immediate
Supervisor or the Human Resources Department. The letter of notification shall
state the particular substance identified by the laboratory tests. The employee may
request a third test of the sample within 24 hours of receiving the letter of
notification, but such testing will be paid for by the employee.
Search of Property
When reasonable cause exists to believe an employee possesses alcohol or a
controlled substance on County property, or has otherwise violated provisions of
this Policy regarding possession, sale or use of controlled substances or alcohol,
the County may search any furniture, equipment or property provided by the
County to the employee, including but not limited to, clothes (uniforms), locker,
toolbox, and desk. Employees should have no expectation of privacy in any
property, equipment or supplies provided by County to employee.
Employee Refusal to Test/Search
An employee who refuses to consent to a test or a search when there is reasonable
cause to suspect that the employee has violated this policy is subject to
disciplinary action up to and including dismissal. The reasons for the refusal shall
be considered in determining the appropriate disciplinary action.
An employee who refuses to cooperate with any tests required by this policy is also
subject to discipline, up to and including dismissal. This includes, but is not limited
to, tampering with, or attempting to tamper with a specimen sample, using
chemicals or other ingredients to mask or otherwise cover up the presence of
metabolites, drugs or alcohol in a specimen, or providing a blood or urine specimen
that was produced by anyone or anything other than the employee being tested.
Crimes Involving Drugs and/or Alcohol
Employees shall report to their immediate Supervisor or Department Head, and the
Human Resources Department:
Any criminal arrest or conviction for drug- or alcohol-related activity within
five days of the arrest or conviction;
Entry into a drug court or diversion program; or
Loss or limitation of driving privileges when the employee's job is
identified as requiring a valid driver’s license (regular or CDL).
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Failure to report as required will result in disciplinary action, up to and including
dismissal.
Although County recognizes that alcohol and drug abuse can be successfully
treated and is willing to work with employees who may suffer from such problems,
it is the employee's responsibility to seek assistance before drug or alcohol
problems lead to disciplinary action. Once a violation of County policy is
discovered, the employee's willingness to seek County or outside assistance will
not "excuse" the violation and generally will have no bearing on the determination
of appropriate disciplinary action.
Confidentiality
All information from an employee's drug and alcohol evaluation is confidential and
only those with a ‘need to know’ are to be informed of test results. Disclosure of
such information to any other person, agency, or County is prohibited unless
written authorization is obtained from the employee.
Certain safety sensitive or special needs positions (i.e. Public Works jobs with a
CDL requirement) may be subject to random drug and alcohol testing, including
but not limited to those required by federal Department of Transportation rules
and regulations.
8.3 TOBACCO-FREE WORKPLACE
The County prohibits tobacco use in or around County vehicles and equipment or
machinery. This applies to employees, visitors and volunteers. The County
provides a tobacco-free environment for all county buildings, vehicles or facilities.
Tobacco includes the smoking of any tobacco-based product, smoking in any form
(including, without limitation, cigars and e-cigarettes), and the use of oral tobacco
products or “chew/spit” tobacco. Also includes smokeless tobacco and inhalant
delivery system intended to deliver nicotine, cannabinoids or other substances,
excluding FDA approved nicotine replacement therapy products for the purpose of
tobacco cessation.
Tobacco use should only be in designated smoking areas, and out of visitor view.
Oregon law prohibits smoking within ten feet of building entrances and other
openings, including second-story windows. Employees should also refer to the
Coos County Rules, Chapter 2: Personnel Policies and Procedures, Division 100
Coos County Smoking/Tobacco Policy, posted on the County’s webpage.
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9.0 TECHNOLOGY / MEDIA
9.1 CELLULAR DEVICES
This policy applies to employee use of cell phones, smart phones, tablets and
similar devices, all of which are referred to as “cellular devices” in this Policy.
Cell Phones and Cellular Devices in General
Non-exempt employees should not use their personal or County-provided cellular
device for ‘work purposes’ outside of their normal work schedule without written
authorization in advance. This includes, but is not limited to, reviewing, sending
and responding to emails or text messages, and responding to calls or making
calls, as this may constitute “hours worked”.
Employees who use a personal or County-provided cellular device to send a text or
instant message to another employee (or to a citizen or someone not employed by
the County) that is harassing or otherwise in violation of the County’s no-
harassment and no-discrimination policies will be subject to discipline up to and
including dismissal.
Personal Cellular Devices
Employees are permitted to bring their personal cellular devices to work with
them. However, during working hours, employees should refrain from using them
except in an emergency or during a meal period or rest break. Excessive personal
cellular device use by an employee during working hours may result in disciplinary
action.
Employees shall not store work-related or confidential information on personal
cellular devices.
When using a cellular device during work hours, employees should be courteous
and speak quietly in an area away from co-workers and other persons interacting
within the workplace. Unattended cellular devices must have the volume set to
silent to limit disruptions within the workplace.
Employee Use of County -Provided Cellular Devices
Cellular devices are made available to employees on a limited basis to conduct
County business. Determinations as to which employees receive provided cellular
devices will be made on a case-by-case basis; employees are not guaranteed a
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cellular device. In some cases, the County may provide a monthly cellular
telephone allowance to employees who regularly make calls on behalf of the
County away from the office.
Employees who receive a cellular device from the County must agree to not use
the cellular device for personal use except in emergency situations. If a cellular
device is paid for and provided by the County, or subsidized by the County, any
communications (including text messages) received by or sent from the cellular
device may be subject to inspection and review if the County has reasonable
grounds to believe that the employee’s use violates any aspect of this Policy or any
other County policy. An employee who refuses to provide the County access to
his/her cellular device in connection with an investigation and after reasonable
notice, may be subject to discipline, up to and including dismissal.
Employees may not use County-provided cellular devices to call 1-900, 1-976 or
similar “pay per minute” services. Further, family and friends may not use an
employee’s County-provided cellular device.
Employee Use of Cellular Devices with Cameras
Cameras of any type, including cellular devices with built-in cameras and video
photography options, may not be used during working hours, or at any County
sponsored function, unless authorized to do so.
Cellular Devices and Public Records
County related business conducted on County-provided or personal cellular devices
may be subject to disclosure and production under Oregon’s Public Records laws,
or in connection with litigation filed against the County.
Cellular Device Use While Driving
The use of a cellular device while driving may present a hazard to the driver, other
employees, and the general public. Subject to a few narrow exceptions for
emergency or public safety purposes, Oregon law also prohibits the use of
handheld cellular devices while driving, even if the driving is for work-related
reasons. This policy is meant to ensure the safe operation of County vehicles and
the operation of private vehicles while an employee is on work time. It applies
equally to the usage of employee-owned cellular devices provided or subsidized by
the County.
Should an employee need to make a business call while driving, the employee
must locate a lawfully designated area to park and make the call, unless the
employee uses a hands-free cellular device for the call. In either situation, such
calls should be kept short and should the circumstances warrant (for example,
heavy traffic, bad weather), the employee should locate a lawfully designated area
to park to continue or make the call, even if the employee is using a hands-free
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device. Violation of this policy will subject the employee to discipline, up to and
including dismissal.
9.2 USE OF COUNTY EMAIL AND ELECTRONIC EQUIPMENT,
FACILITIES AND SERVICES
The County uses multiple types of electronic equipment, facilities and services for
producing documents, research and communication including, but not limited to,
computers, software, email, copiers, telephones, voicemail, fax machines, online
services, cellular devices (including text messaging), the Internet and any new
technologies used in the future. This policy governs the use of such County
property.
Ownership
All information and communications in any format, stored by any means on or
received via the County’s electronic equipment, facilities or services is the sole
property of the County. Appropriate County personnel have the right to view the
contents of an employee’s e-mail, phone records, texts, or similar communications,
files, other data storage, and records of internet site access at any time for devices
provided by the County.
Use
All of County’s electronic equipment, facilities and services are provided and
intended for County business purposes only and not for personal matters,
communications or entertainment. Access to the Internet, websites and other
electronic services paid for by the County should be used only for County business.
This means, for example, that employees may not use the County provided
Internet, or electronic equipment, facilities and services to:
Display or store any sexually explicit images or documents, or any images or
documents that would violate County’s harassment, discrimination or
bullying policies;
Play games (including social media games) of any kind;
Engage in any activity that violates the rights of any person or the County,
and that is protected by copyright, trade secrets, patent or other intellectual
property (or similar laws or regulations);
Engage in any activity that violates the rights to privacy of protected
healthcare information or other County-specific confidential information;
Engage in any activity that would introduce malicious software purposefully
into a workstation or network (e.g., viruses, worms, Trojan horses).
Download or view streaming video for personal use. This includes, without
limitation, YouTube videos, movies, and TV shows. Streaming audio is
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allowed, provided it does not contain explicit material, adversely affect
network speed, or interfere with the ability to work by coworkers.
Employees may not use County provided email addresses to create or manage
personal accounts (e.g., shopping websites, personal bank accounts, and social
media accounts). County email addresses for professional-based social media
accounts such as LinkedIn may be allowed with the approval of the employee’s
Supervisor.
Inspection and Monitoring
Employee communications, both business and personal, made using County
electronic equipment, facilities, and services are not private. Any data created,
received or transmitted using County equipment, facilities or services are the
property of County and usually can be recovered even though deleted by the user.
All information and communications in any format, stored by any means on
County’s electronic equipment, facilities or services, are subject to inspection by
management at any time without notice. Personal passwords may be used for
purposes of security, but the use of a personal password does not affect County’s
ownership of the electronic information, electronic equipment, facilities, or
services, or County’s right to inspect such information. County reserves the right
to access and review electronic files, documents, archived material, messages,
email, voicemail and other such material to monitor the use of all of the County’s
electronic equipment, facilities and services, including all communications and
internet usage and resources visited. The County will override all personal
passwords if it becomes necessary to do so for any reason.
Personal Hardware and Software
Employees may not install personal hardware or software on County-provided
computer systems without written approval from the County’s Information
Technology Department. All software installed on County’s computer systems
must be licensed. Copying or transferring of County-owned software may be done
only with the written authorization of the Department Head.
Unauthorized Access
Employees other than management are not permitted unauthorized access to the
electronic communications of other employees unless directed to do so by County
management. No employee can examine, change or use another person’s files,
output or username without explicit authorization from his/her Supervisor.
Security
Many forms of electronic communication are not secure. Employees who use
cellular devices, cordless phones, fax communications or email sent over the
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Internet should be aware that such forms of communication are subject to
interception by others. Therefore, these methods of communicating should not be
used for privileged, confidential, or sensitive information unless appropriate
encryption measures are implemented.
Inappropriate Web Sites
The County’s electronic equipment, facilities or services must not be used to visit
Internet sites that contain obscene, hateful or other objectionable materials, or
that would otherwise violate County’s policies on harassment and discrimination.
9.3 SOCIAL MEDIA
For purposes of this policy, social media includes all means of communicating or
posting information or content of any sort on the Internet, including to your own or
someone else’s web log or blog, journal or diary, personal or commercial website,
social networking web site, web bulletin board or a chat room, whether or not
associated or affiliated with the County, as well as any other form of electronic
communication.
Employees are solely responsible for what they post online. Before creating online
content, employees should consider some of the risks and rewards that are
involved. Any conduct that adversely affects an employee’s job performance, the
performance of co-workers, or otherwise adversely affects the citizens or people
who work on behalf of the County’s legitimate business interests may result in
disciplinary action, up to and including dismissal.
Prohibited Postings
Any text, images or other media that violate any County policies are prohibited.
Similarly, postings that include threats of violence, that are physically threatening
or intimidating, bullying or harassing, will not be tolerated and may subject an
employee to discipline, up to and including dismissal.
Employees shall not create a link from their blog, website or other social
networking site to a County owned or maintained website without identifying
themselves first as a County employee. Employees are prohibited from
representing themselves as a spokesperson for the County unless authorized by a
Supervisor. If the County is a subject of the content being created, be clear and
open about being a County employee, and make it clear that views do not
represent those of the County, its employees or Elected Officials.
Encouraged Conduct
Always be fair and courteous to co-workers, the citizens we serve, Coos County’s
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employees and Elected Officials, and suppliers or other third parties who do
business with the County. If an employee posts complaints or criticism, they
should avoid using statements, photographs, video or audio that reasonably could
be viewed as malicious, obscene, threatening or intimidating, that disparage
citizens, co-workers, County employees or Elected Officials, that might constitute
harassment or bullying, and/or that violate County policies. Examples of such
conduct might include offensive posts that a reasonable person would perceive as
calculated to intentionally harm an individual’s personal or professional reputation,
posts that could contribute to a hostile work environment on the basis of race, sex,
disability, religion or any other status protected by law or County policy.
Maintain the confidentiality of County’s confidential information. Do not post
internal reports, policies, procedures or other internal, County-related confidential
communications or information. (See “Confidential County Information” policy,
below.)
Nothing in this policy is meant to prevent an employee from exercising his/her
right to make a complaint of discrimination or other workplace misconduct, engage
in lawful collective bargaining activity, or to express an opinion on a matter of
public concern that does not unduly disrupt County operations. Employees are free
to express themselves as private citizens on social media sites, but an employee’s
exercise of expression is balanced against the County’s interest in the effective and
efficient fulfillment of its responsibilities to the public.
Request for Employee Social Media Passwords
The County’s Supervisors are prohibited by law from requiring or requesting an
employee, or an applicant for employment, to disclose or to provide access
through the employee's or applicant's user name and password, password or other
means of authentication that provides access to a personal social media account.
This includes, without limitation, a username and password that would otherwise
allow a Supervisor to access a private email account not provided by the County.
Nothing in this policy prohibits the County from requiring an employee to produce
content from his/her social media or internet account in connection with a County-
sponsored investigation into potential misconduct, unlawful or unethical behavior,
or policy or rule violations.
9.4 CONFIDENTIAL INFORMATION
Employees must not access, use or disclose sensitive or confidential information or
data except in accordance with County policies, practices and procedures, and as
authorized by state or federal laws or regulations. Employees with access to
confidential information, including but not limited to customer or employee
financial, medical or personal information (including, without limitation, Social
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Security numbers), are responsible for the safekeeping and handling of that
information to prevent unauthorized disclosure. Employees who access, use or
disclose confidential information contrary to Oregon or federal laws or for personal
use or financial gain may be subject to civil or criminal penalties under those laws,
in addition to appropriate disciplinary action for violating this policy.
No records or information including (without limitation) protected medical data,
documents, files, records, computer files or similar materials (except in the
ordinary course of performing duties on behalf of County) may be removed from
our premises without permission from a Department Head. Likewise, any materials
developed by the County’s employees in the performance of their jobs is the
property of the County and may not be used for personal or financial gain.
Additionally, the contents of records or information otherwise obtained in regard to
the County’s business may not be disclosed to anyone, except where required for a
business purpose or when required by law.
9.5 NEWS MEDIA POLICY
Fostering good relations with the news media and providing for a free flow of
public information is vital to the County. County may provide the news media with
relevant information. It is required that Department Heads be notified of all work
related announcements, interviews, and interactions with the news media.
Department Heads must strive to keep Commissioners informed about media
contacts as soon as is practicable.
Misinformation shared with the media can have negative effects on the public, as
well as on our credibility. Speak to reporters only about topics that you know and
understand. Never speculate. When reporters’ questions go beyond your
expertise or when in doubt, refer them to County Counsel’s Office.
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10.0 SAFETY / WORKERS COMPENSATION
10.1 SAFETY ON THE JOB
The County continually strives to provide safe working conditions for employees
attained through the use of safety equipment, proper job instruction, frequent
review of safe work practices, and adequate supervision. Safety committees
comprised of both management and employees meet regularly to review safety
standards and complaints, conduct walk-throughs of work areas, and make
recommendations to the Board of Commissioners regarding safe working
conditions.
All County employees are responsible for complying with safety procedures and
reporting unsafe conditions to their immediate Supervisor, Department Head, or
the Human Resources Department.
Reporting Accidents/ Injuries
All accidents involving personal injury of an employee while on duty, regardless of
how serious, must be reported to the Human Resources Department no later than
24 hours after occurrence. An employee’s Supervisor is responsible for ensuring
the Human Resources Department has been notified. Injury notification is
necessary to comply with laws and assist in workers’ compensation requirements.
Injured workers who seek medical treatment or lose time from work are required
to complete a Worker's Compensation Report Form 801 and submit it within five
calendar days to the Human Resources Department. Employees who are injured
or ill but do not seek medical treatment should complete the Incident/Accident
Report and submit it to the Human Resources Department. For questions on
completing the forms, the Human Resources Department should be contacted.
Forms are available on the County’s Intranet site.
The Human Resources Department is responsible for reporting on-the-job fatalities
and catastrophes to Oregon OSHA within eight hours, and any work-related
accidents resulting in overnight hospitalizations within 24 hours of occurrence or
knowledge. The Human Resources Department will also notify the County's
insurance carrier and process a workers’ compensation claim form.
10.2 WORKERS COMPENSATION INSURANCE
Employees are protected by workers' compensation insurance under Oregon law.
This insurance covers the employee in case of occupational injury or illness by
providing, among other things, medical care and compensation and temporary or
other disability benefits.
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Failure to timely follow these steps may negatively affect ability to receive benefits,
or may result in disciplinary action.
Return to Work
Employees returning to work after a work related injury may be required to first
submit documentation from a health care provider certifying the employee’s ability
to return to work and perform the essential functions of their position.
Early Return-to-Work Program
Employees are responsible for immediately notifying the Human Resources
Department of their release to light or modified work, work restrictions, and doctor
appointments.
The County’s Return-to-Work program provides guidelines for returning to work at
the earliest possible time after an on-the-job injury or illness that result in time
loss. This program is not intended as a substitute for reasonable accommodation
when an injured employee also qualifies as an individual with a disability. The
Return-to-Work Program is intended to be transitional work, to enable an
employee to return in a reasonable period of time.
The Return-to-Work program for job-related injuries consists of a team effort by
the County, injured employees and their treating physicians, and our workers’
compensation insurance carrier claims staff. The goal is to return our employees to
full employment at the earliest possible date that is consistent with their medical
condition and the advice of the treating physician.
If a Doctor determines that an employee is able to perform modified work, the
County will attempt to provide a temporary job assignment for a reasonable period
of time until the employee is able to resume regular duties (except where provided
as an accommodation for a disability). If, due to a work-related injury, an
employee is offered a modified position that has been medically approved, failure
to phone in or report at the designated time and place may affect the employee’s
compensation and employment with the County. While on modified or transitional
work, the employee is still subject to all other County rules and procedures.
Light Duty Work Assignments
The County will decide if light duty or modified work is available on a case-by-case
basis. Employees who are temporarily assigned light duty work as a reasonable
accommodation but are unable to perform the essential duties of their job may be
required to provide a medical evaluation after 30 days from their treating
Physician. The Human Resources Department will use the evaluation to determine
whether the employee is capable at that time of performing the essential functions
of the job, with or without reasonable accommodation.
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Overlap with Other Laws
County will account for other leave and disability laws that might also apply to your
situation, such as the Americans with Disabilities Act (ADA) and FMLA / OFLA. If,
after returning from a workers’ compensation leave, it is determined that an
employee is unable to perform the essential functions of a position because of a
qualifying disability, he/she may be entitled to a reasonable accommodation, as
governed by the ADA and/or applicable Oregon laws covering disabilities in the
workplace.
10.3 WORKPLACE VIOLENCE
The County recognizes the importance of a safe workplace for employees,
members, customers, vendors, contractors, and the general public. A work
environment that is safe and comfortable enhances employee satisfaction as well
as productivity. Therefore, threats and acts of violence made by an employee or
member of the public against another person’s life, health, well-being, family, or
property will be dealt with in a zero-tolerance manner by the County.
All employees have an obligation to report incidents that pose a risk of harm to
employees or others associated with the County or which threaten the safety,
security or financial interests of our organization. Employees should make such
reports directly to their Supervisor, Department Head, or the Human Resources
Department. All information related to the reports, including the name of the
reporting employees, will be kept as confidential as possible under the
circumstances. The Human Resources Department will notify the reporting
employee of any action it takes in response to the report.
The County may conduct an investigation of a current employee where the
employee's behavior raises concerns about work performance, reliability, honesty,
or potentially threatens the safety of co-workers or others. An employee
investigation may include investigation of criminal records; it may also include a
search of desks, work areas, file cabinets, voice mail systems and computer
systems.
10.4 FIREARMS OR OTHER DANGEROUS WEAPONS
Except for employees required to carry a firearm as part of their job duties, the
County prohibits employees from bringing firearms or dangerous weapons into the
workplace, including but not limited to all County buildings and vehicles.
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10.5 INCLEMENT WEATHER / OTHER UNFORESEEN CLOSURES
When the Board of Commissioners or their designee determines that a hazardous
condition exists for the employees to have safe and reasonable travel to and from
the employees’ work location resulting in either a delayed opening or temporary
closure, employees will be paid at their regular rate of hourly pay for the hours of
the delay or the full day if the County or their department remains closed. The
County will make the announcement and make use of the Everbridge system as
early as possible to avoid risk of injury to employees, other members of the public
or property.
Should the County remain open during a weather event but an individual is unable
to safely report to work due to the conditions at their place of residence, the
employee will be allowed to use accrued leave. If an employee does not have any
leave in which to draw from, they may make arrangements with their direct
Supervisor on how they can make up the time or choose to be placed on leave
without pay status for that time.
If the normal route of travel from the employee's residence is closed by a
government entity and no other safe route is available, the employee will note that
on their time sheet and may use leave from any leave bank of their choice. If the
County determines that it will close early due to weather or other emergency
event, the employees will be paid for the remainder of their day.
Employees already scheduled on approved leave during the closure event shall
continue to utilize their scheduled accrual.
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11.0 LEAVING EMPLOYMENT
11.1 CONTINUED MEDICAL COVERAGE
The Federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
permits continuous coverage to employees and qualified dependents who lose
health, dental, or vision coverage due to termination of employment or reduction
in employee work hours. The employee or dependent pays the full cost of
coverage.
11.2 TERMINATION OF EMPLOYMENT
Dismissal is termination of employment initiated by the County. This can occur at
any time during the course of employment, including as an action to discipline an
employee.
Resignation is voluntary termination of employment initiated by an employee, and
includes abandonment of a position.
Layoff is the involuntary termination of employment by the County because of
budgetary restrictions, consolidation of departments and/or programs, and/or
positions being eliminated.
Retirement is voluntary termination of employment initiated by an employee for
meeting age, length of service, or other criteria.
On or before their last day of work, employees must return all County property,
including cellular devices, computers, identification cards, credit cards, keys, and
manuals to their Supervisor or the Human Resources.
11.3 FINAL PAY
The Human Resources Department must be immediately notified when an
employee gives notice of resignation or retirement.
An employee’s final paycheck will include hours worked but not paid, and if
applicable, accrued vacation and compensatory time. The date the paycheck is
available will follow state wage and hour laws and depends on when the employee
gives notice. All final paychecks will be paid by manual check. Unless an employee
indicates otherwise in writing, all final paychecks will be mailed to the recipient via
certified mail to last supplied address.
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11.4 ACCRUALS
Non-represented employees who end their employment with Coos County on or
before the 14
th
of month shall receive half their normal vacation accrual for that
month. Sick leave accrual shall not be affected.
Employees who end their employment with Coos County on or after the 15
th
of the
month and have completed at least one year in County service, shall be eligible to
receive their normal vacation accrual for that month.
11.5 REFERENCES
All requests by outside entities for references or recommendations of former
employees must be directed to the Human Resources Department. No Supervisor
or employee is authorized to release references for current or former employees.
Supervisors are expressly prohibited from providing LinkedIn “recommendations”
or using a website on the internet to discuss a current or former employee’s
performance or termination of employment. This does not preclude a Supervisor
or Department Head from providing the employee with a letter of recommendation
upon request.
By policy, the County discloses only the dates of employment and position(s) held
of former employees. Former employees who authorize additional disclosures must
make a request to do so in writing.
Although all employees are at will and may resign at any time, the County
appreciates at least two weeks’ notice to plan for an orderly transition. The County
generally will not consider employees for re-employment who do not provide this
notice.
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EMPLOYEE ACKNOWLEDGEMENT
As an employee of Coos County, I acknowledge the following: I have received a copy of
the Employee Handbook. I understand that the Handbook contains important information
about the County’s policies, work rules, and my benefits. I also understand that the
Handbook outlines my responsibilities as an employee. I understand that I have the
responsibility to read and understand the information in the Handbook, and to ask my
Supervisor for clarification of any information I do not understand. During my employment
with Coos County, I understand that it is my responsibility to remain informed about the
policies as revisions, updates and new polices are issued, and to ask questions about any
interpretation of any of the policies.
I understand that this Handbook is not a contract of employment or a guarantee of specific
treatment in specific situations. Except for any supplemental safety policies and rules that
apply to employees in certain jobs or work areas, or otherwise stated in an express,
individual, written employment contract, I understand that this Handbook supersedes all
prior Handbooks, policies, and understandings on the subjects contained in it.
Unless otherwise stated in a written employment contract, I understand that my
employment relationship with the County is at-will and either the County or I can
terminate the relationship at any time, with or without reason or notice.
I understand that the County has the right to change, modify, add to, substitute,
eliminate, interpret, and apply in its sole judgment, the policies, rules, and benefits
described in this Handbook. I understand that should the content be changed in any way,
the County may require an additional signed acknowledgement from me to indicate that I
am aware of the changes. I understand that the Board of Commissioners is the only entity
who is authorized to approve changes in the policies, rules, and benefits described in this
Handbook and that all such changes must be in writing to be valid. I also understand that
the Board of Commissioners is the only entity who will ever have the authority to enter into
an employment contract, and that all such contracts must be express, individual, in writing
and signed by both parties to be valid.
I understand that Coos County is an equal opportunity employer and that Coos County
aims to provide a workplace free of harassment and discrimination. I will bring any
questions or concerns I have regarding equal employment opportunities, discrimination,
retaliation or harassment to the Human Resources Department, or any trusted Supervisor
or Department Head.
I also acknowledge that, before signing this form, I have asked for and received
clarification on any of the items listed in it that I did not understand.
Employee Signature Date
Print Employee's Name
