HomeMy WebLinkAboutPersonnel Rules AdditionsDate: March 12, 2009
To: Board of County Commissioners
From: Erik Kropp, Deputy County Administrator
Re: PROPOSED ADDITIONS TO THE PERSONNEL RULES
Attached are proposed additions to the Personnel Rules for discussion at the March 16, 2009
Work Session.
The additions would expand protected leave for employees in three circumstances as required by
state law:
• Criminal proceedings — allows an employee who is a felony crime victim 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).
• Victims of domestic violence, sexual assault or stalking - an employee is allowed to take
leave to address domestic violence, sexual assault, or stalking of the employee or his or
her minor dependants.
• Expression of breast milk - an employee is allowed an unpaid 30 -minute rest period to
express milk during each four-hour work period.
The draft additions to the Personnel Rules were provided to the employee unions and no changes
were requested. Please let me know if you have any questions on these policies.
c: Dave Kanner, County Administrator
PROPOSED ADDITIONS TO THE PERSONNEL RULES
March 12, 2009
Addition to Chapter 3.36 LEAVE
Criminal Proceedings (ORS 659A.192)
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). 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.
Addition to Chapter 3.36 LEAVE
Victims of Domestic Violence, Sexual Assault or Stalking (ORS 659A.272)
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. 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.
Addition to Chapter 3.20 HOURS OF WORK, Section 3.20.020 Rest and Meal
Periods
New Section C. Expression of Breast Milk (ORS 653.077)
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.