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2009-1180-Ordinance No. 2009-012 Recorded 4/30/2009REVIE D ` - / a azl,~ LEGAL COUNSEL DESCHUTES COUNTY OFFICIAL RECORDS ?009'1180 NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL 04/30/Z009 04;OZ;09 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Adding Additional Protected Leave for Employees as Required by State law, and Declaring an Emergency. * ORDINANCE NO. 2009-012 WHEREAS, the State or Oregon requires protected leave for an employee who is a felony crime victim to attend a felony criminal proceeding involving the employee or the employee's immediate family; and WHEREAS, the State or Oregon requires that an employee be allowed to take a reasonable amount of leave to address domestic violence, sexual assault, or staking of the employee or his or her minor dependants; and WHEREAS, the State or Oregon requires that an employee be allowed an unpaid 30-minute rest period to express milk during each four-hour work period, or the major part of a four-hour work period, to be taken by the employee approximately in the middle of the work period unless the County determines doing so would create an undue hardship; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. ADDITION. DCC Title 3 - Personnel, Chapters 3.20 and 3.30 are hereby amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein by this reference with new language bolded. Section 2. EMERGENCY. This Ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. ti~ Dated this ~ of r t' , 2009 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TAMMY BA EY, Chair ~l - lzl_~ DENNIS R. LUKE, Vice Chair ATTEST: t Recording Secrets ALAN UNGER, Commissioner PAGE 1 OF 2 - ORDINANCE NO. 2009-012 (4/22/09) Date of 1St Reading: i22 r, day of P i , 2009. r_~ Date of 2"d Reading: ~ day of i , 2009. Record of Adoption Vote Commissioner Yes No Abstained Excused Tammy Baney )G Dennis R. Luke X Alan Unger ~C d ' Effective date: 2; day of 4 (r l , 2009. PAGE 2 OF 2 - ORDINANCE NO. 2009-012 (4/22/09) EXHIBIT "A" Chapter 3.20. HOURS OF WORK 3.20.010. Work Schedules. 3.20.020. Rest and Meal Breaks. 3.20.030. Alternative or Flexible Work Schedules. 3.20.040 Outside Employment. 3.20.010. Work Schedules. A. Reporting time. Employees must be at their designated workspace on time and ready to work. Employees shall remain at work until the end of the employee's work day or work shift, unless permission to leave earlier is granted by the employee's supervisor or department head. If an employee is not able to report for work, the employee must notify his or her supervisor as soon as possible prior to the employee's scheduled shift of his or her inability to report to work, the reason the employee is not able to report to work, and the estimated length of time before the employee will be able to return to work. An employee's failure to report to work without prior notification to the employee's supervisor or department head shall be considered an implied resignation by the employee unless circumstances beyond the control of the employee reasonably prevent the employee from reporting to work or notifying his or her supervisor or department head of the employee's inability to report to work. B. Hours of work. Work hours are established by the County Administrator. Department heads shall have personnel available to serve the public at all times during work hours, unless otherwise authorized by the County Administrator. Department heads may establish flexible work schedules, subject to approval by the County Administrator, so long as the flexible work schedule is in compliance with other sections of the Personnel Rules, the terms of any applicable collective bargaining agreement and all applicable wage and hour laws. C. Work week and work schedules. The standard work week for Deschutes County employees is Sunday through Saturday. Except as may otherwise be defined in a collective bargaining agreement, work schedules for each department shall be determined by the department head, subject to approval by the County Administrator. (Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981) 3.20.020. Rest and Meal Periods. A. Rest periods. Each employee shall be provided an uninterrupted rest period of fifteen (15) minutes for every four hours in a work period, to be taken as close as possible to the midpoint of each four-hour work period. Rest periods must be provided and taken separately from the employee's meal period and cannot be saved up to lengthen the employee's meal period or to allow an employee to leave work early. B. Meal periods. 1. All employees who work more than six (6) hours in a work day shall be given a meal period during the employee's work shift. Except when, due to the nature and circumstances of an employee's work, an employee is required to remain on duty or to perform work tasks during the employee's meal period, the employee's meal period shall be taken as close as possible to the middle of the employee's work shift. Meal periods shall be at least thirty (30) continuous minutes in length. 2. Non-duty meal periods are the employee's own personal time. During a non-duty meal period, an employee shall be free to leave his or her work station and shall not be expected to perform any work. In the event of an emergency or other circumstance in which an employee is required by his or her supervisor or department head to remain on duty or to perform work tasks during the employee's designated meal period, the meal period will be paid time. 2. Meal periods cannot be skipped or shortened to less than thirty (30) continuous minutes in length to allow an employee to leave work early. C. Expression of Breast Milk. An employee shall be allowed an unpaid 30-minute rest period to express milk during each four-hour work period, or the major part of a four-hour work period, to be taken by the employee approximately in the middle of the work period unless the County determines an undue hardship under state law (ORS 653.077). The County may require, if feasible, that the employee take the rest periods at the same time as the rest periods or meal periods that are otherwise provided. This shall only apply to employees expressing milk for her child 18 months of age or younger. The County shall make reasonable efforts to provide a location, other than a public restroom or toilet stall, in close proximity to the employee's work area for the employee to express milk in private. (Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981) 3.20.030. Alternative or Flexible Work Schedules. If an employee is interested in working an alternative or flexible work schedule, the employee must submit a written request to his or her department head. Alternative or flexible scheduling shall only be permitted if approved by the employee's department head, if department operations and public service requirements will not be adversely affected , and if the alternative or flexible schedule does not conflict with these Personnel Rules, any applicable collective bargaining agreement or any applicable wage and hour law. (Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981) 3.20.040. Outside Employment County employees may, in general, engage in employment or business outside their work for the County. However, employees shall not utilize county time, materials, equipment or resources for such outside employment or business, or allow such employment or business to conflict with, or appear to conflict with, the employee's work for the County or with the interests or business of the County. No employee may perform any service or employment, outside of County employment, or engage in any business for which the employee receives compensation during the employee's County work hours. Employees may be subject to other requirements depending on department needs. Questions or issues regarding any actual, potential or apparent conflict of interest shall be resolved by the County Administrator. Any outside employment or business obligations must not interfere with or adversely affect the employee's ability to fulfill all of the employee's responsibilities to the County. If, in the judgment of the employee's department head, an employee's outside employment or business interferes with or adversely affects the employee's performance of duties for the County, the department head may require the employee to terminate the outside employment or business. Under such circumstances, the failure or refusal of an employee to terminate outside employment may be grounds for termination of employment with the County. (Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981) Chapter 3.36. LEAVE 3.36.010. Authorization for Leave. 3.36.020. Military Leave. 3.36.030. Leave of Absence Without Pay. 3.36.040. Family and Medical Leave. 3.36.050. Special Leave - Closure of County Offices. 3.36.060. Criminal Proceeding Leave 3.36.070 Victims of Domestic Violence, Sexual Assault or Stalking Leave 3.36.010. Authorization for Leave. Except as otherwise provided in these Personnel Rules, any applicable collective bargaining agreement, or as required by law, all requests for leave must be approved by an employee's supervisor or department head. An employee granted a leave of absence will be required to use all accrued and unused compensatory time and all accrued and unused paid leave time before the employee may take leave without pay. After an employee's paid time is exhausted, any leave granted or permitted will be without pay. All leave used (paid or unpaid) shall be recorded on the employee's monthly Payroll Time and Leave Worksheet. Each department head is responsible for ensuring that all leave used by employees in their department is accurately recorded and reported on the monthly Payroll Time and Leave Worksheets. (Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981) 3.36.020. Military Leave. A. Military leave with pay. An employee who has been employed with the County for at least six (6) months and who is a member of the National Guard or the reserve of any branch of the U.S. military is entitled to military leave with pay for a period not to exceed fifteen (15) work days per federal fiscal year. Such leave will be granted without loss of pay or leave and without impairment of merit ratings or other rights or benefits of employment with the County. Military leave with pay may be granted only to personnel with certified orders and will not be paid if the employee does not return to his or her position on the employee's first scheduled work day following the end of the approved duty period. Leave with pay will not be granted to those employees entering military service for extended or indefinite periods of time. B. Military leave of absence without pay. All County employees who perform "service in the uniformed services," as defined in 38 U.S.C. § 4304, are entitled to military leave without pay pursuant to and in accordance with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 [38 U.S.C. §§4301, et seq.], as amended. Employees may, but are not required to, use accrued and unused time management, vacation or holiday bank leave or accrued and unused compensatory time off for any period of military service which is unpaid by the County. Except as may otherwise be required by law, employees are not entitled to use accrued sick leave for periods of leave for military service. (Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981) C. Payroll records. Department heads are required to document all military leave taken by an employee on the employee's Payroll Time and Leave Worksheet. Copies of military orders shall be submitted to the Personnel Department and kept in the employee's Personnel File. (Ref. ORS 408.290)(Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981) 3.36.030. Leave of Absence Without Pay. An employee's department head may grant a leave of absence without pay not to exceed 30 calendar days. Leaves of absence without pay for periods in excess of 30 days must be approved by the County Administrator and the employee's department head except for leaves of absence which, by law, an employee is entitled to take. (Ord. 2007-017, §2, 2007; Ord. 86-011, § 1, 1986; Ord. 81-053, § 1, 1981) 3.36.040. Family and Medical Leave. County employees shall be eligible to take family and medical leave as provided under the federal Family and Medical Leave Act of 1993 ("FMLA") and the Oregon Family Leave Act (ORS 659.010, "OFLA"), and pursuant to the Deschutes County Family and Medical Leave Policy. (Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981) 3.36.050. Special Leave - Closure of County Offices. In the event of weather-related or other conditions determined to be an emergency by the Board or the County Administrator, the Board or the County Administrator may decide to close County offices. For purposes of this section, an emergency includes, but is not limited to, conditions due to the following: A. Snow/ice B. Building problem C. Bomb threat D. Volcano E. Forest Fire F. Earthquake G. Flood H. Terrorist threat L Civil unrest If County offices are closed due to a declared emergency, employees will be granted leave with pay for the duration of the closure. If County offices are open for business and an employee does not report to work due to weather- related or other conditions, the time off will be deducted from the employee's accrued paid leave unless it is determined by the County Administrator that the employee could not report to work due to circumstances beyond the reasonable control of the employee. (Ord. 2007-017, §2, 2007; Ord. 86-011, §1, 1986; Ord. 81-053, §1, 1981) 3.36.060 Criminal Proceedings Leave An employee who is a felony crime victim shall be allowed to take leave to attend a felony criminal proceeding involving the employee or immediate family defined as spouse, domestic partner, father, mother, sibling, child, stepchild and grandparent (ORS 659A.192). The employee must provide reasonable advance notice of the leave, provide copies of the notices of the criminal proceedings, have been employed with the County for at least six months, and worked an average of more than 25 hours per week for at least 180 days immediately before the requested leave. The leave must not create an undue hardship on the department. If approved, the employee must use paid leave (excluding sick leave) which includes time management, vacation, compensatory time, or holiday time. The employee shall not use sick leave. If all paid time is exhausted, the employee may request unpaid leave. 3.36.070 Victims of Domestic Violence, Sexual Assault or Stalking Leave An employee shall be allowed to take a reasonable amount of leave determined by the County Administrator and Personnel Department to address domestic violence, sexual assault, or stalking of the employee or his or her minor dependants (ORS 659A.272). The employee must have been employed with the County for at least six months and worked an average of more than 25 hours per week for at least 180 days immediately before the requested leave. The leave must not create an undue hardship on the department and it must be for an authorized purpose. An authorized purpose includes seeking legal or law enforcement assistance or remedies - seeking medical treatment or recovering from injuries; obtaining counseling or services from a victim services provider; or relocating or taking steps to secure a safe home from the employee or minor child. The employee shall provide the Personnel Department and his/her department head with as much advance notice as is practicable. The County may require certification of the need for the leave, such as a police report; protective order; documentation from a law enforcement officer, attorney, or victim services provider. If approved, the employee must use paid leave (excluding sick leave) which includes time management, vacation, compensatory time, or holiday time. If all paid time is exhausted, the employee may request unpaid leave.