Handbook by Roanoke County Parks, Recreation and Tourism

County of Roanoke

Employee Handbook

July 2006

To the Employees of Roanoke County: At Roanoke County, our two highest priorities are our citizens and our staff. On behalf of the Board of Supervisors and all County staff, I am pleased to provide you with the latest edition of the Roanoke County Employee Handbook. Whether you are a new employee or a long-time member of our staff, this handbook will provide you with the information you need to make the most out of your employment with Roanoke County. The Employee Handbook sets out the policies and regulations under which we work. We have tried to make these policies easy to understand and fair to all employees. In order to arrive at the best possible workplace policies, we have included employee feedback and participation in the creation of this handbook. You are encouraged to review the County policies and procedures outlined in the handbook and are invited to discuss these policies with your department director if you have any questions. This handbook also provides information on a variety of benefits and career development programs that are available to County employees. We value our staff and seek to help make your years with us as productive and enjoyable as possible. It is our intention to mentor employees, provide educational assistance and training opportunities, and do all that we can to help keep your employment skills current. Recruitment and retention of our employees is very important to us. Jobs often evolve, and when they do, Roanoke County makes every effort to use these changes to improve service to our citizens and to provide opportunities for our staff to progress as well. I would like to thank the Department of Human Resources and all the staff who have undertaken the tremendous task of updating the Employee Handbook. I would also like to express appreciation to the Board of Supervisors for their support of our employees. They have provided us with excellent competitive benefits and have given us great flexibility in how we do our work. We welcome your suggestions for the improvement of our programs and policies. Feel free to contact the Human Resources staff or contact me directly by phone or by e-mail. Sincerely,

Elmer C. Hodge County Administrator

PURPOSE AND SCOPE OF HANDBOOK This handbook is a source of information about your employment with Roanoke County. If you need further assistance with the matters covered by it, please contact your supervisor, department director, or the Department of Human Resources. The information in this handbook is drawn from relevant laws, regulations, and policies. It was prepared solely for informational purposes and does not create an express or implied contract. This handbook is not all-inclusive and is only a set of guidelines. The handbook supersedes any previous handbook or unwritten policy. Finally, the handbook does not guarantee employment for any definite period of time and does not alter the “at-will” relationship between employer and employee. Should there be a conflict between any statement, fact, or figure in this handbook and current official regulations and policies, the latter will take precedence. Employees, therefore, have the responsibility to keep informed of changes in County policy. The most current edition of the employee handbook will be located on the Human Resources Intranet site. This handbook applies to all employees whose job descriptions and position classifications are established within the Classification Plan of the County. This includes all regular classified and unclassified employees, employees in the constitutional offices of the Treasurer, the Commissioner of Revenue, the Sheriff, the Commonwealth’s Attorney, the Clerk of the Circuit Court and the Office of the Registrar. It does not apply to the five constitutional officers or the Registrar. In addition, the Chief Deputy in each of these offices is exempt from the portions of this handbook that relate to application, qualification, appointment, disciplining, dismissal, and grievance procedure. The Chief Deputy of each office is in a confidential policy making position. These positions shall remain subject to the express provisions of Section 15.2-1603 of the State Code. Regular part-time employees are defined as those employees whose normal work schedule is 24– 32 hours per week. The regular part-time employee is covered by all guidelines within the handbook except those pertaining to insurance, benefits, and time-off programs. Seasonal, limited term, and temporary (non grant-funded) employees are excluded from all portions of this handbook. This handbook is subject to subsequent amendments that may be approved by the Roanoke County Board of Supervisors.

CONTENTS CHAPTER 1 - PUBLIC SERVICE IN ROANOKE COUNTY................................................................................1 A. GOVERNMENT ..................................................................................................................................................1 B. EQUAL EMPLOYMENT OPPORTUNITY ...............................................................................................................1 C. DEPARTMENT OF HUMAN RESOURCES .............................................................................................................1 D. ENVIRONMENTAL POLICY ................................................................................................................................2 CHAPTER 2 - GETTING STARTED........................................................................................................................3 A. APPLICATION PROCESS ....................................................................................................................................3 B. PHYSICAL STANDARDS ....................................................................................................................................3 C. OPERATION OF COUNTY-OWNED MOTOR VEHICLES .......................................................................................3 D. AGE LIMITATIONS ............................................................................................................................................4 E. WORK AUTHORIZATION ...................................................................................................................................4 F. TYPES OF APPOINTMENTS ................................................................................................................................4 G. ORIENTATION...................................................................................................................................................4 H. PROBATIONARY PERIOD ...................................................................................................................................4 I. WORK ROUTINE ...............................................................................................................................................5 CHAPTER 3 – COMPENSATION AND BENEFITS...............................................................................................7 A. CLASSIFICATION PLAN .....................................................................................................................................7 B. RECORDING WORK HOURS ..............................................................................................................................7 C. PAYDAYS .........................................................................................................................................................7 D. DIRECT DEPOSIT ..............................................................................................................................................7 E. DEDUCTIONS ....................................................................................................................................................7 F. OVERTIME COMPENSATION .............................................................................................................................8 1. Overtime Compensation for Nonexempt Employees...................................................................................8 2. Exempt/Compensatory Overtime Compensation ........................................................................................9 3. Exempt/Discretionary Overtime Compensation .........................................................................................9 G. STANDBY AND ON-CALL .................................................................................................................................9 1. Standby .......................................................................................................................................................9 2. On-Call.....................................................................................................................................................10 H. ACTING STATUS COMPENSATION ...................................................................................................................10 I. 20 YEAR SERVICE PAY ...................................................................................................................................10 J. HEALTH AND DENTAL INSURANCE ................................................................................................................10 K. SHORT AND LONG TERM DISABILITY INSURANCE..........................................................................................11 L. HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT (HIPAA)........................................................12 M. LIFE INSURANCE ............................................................................................................................................12 N. WORKER’S COMPENSATION ...........................................................................................................................12 O. UNEMPLOYMENT COMPENSATION .................................................................................................................13 P. VIRGINIA RETIREMENT SYSTEM ....................................................................................................................13 Q SOCIAL SECURITY ..........................................................................................................................................14 R. EMPLOYEE ASSISTANCE PROGRAM (EAP).....................................................................................................14 S. DEFERRED COMPENSATION ...........................................................................................................................14 T. FLEXIBLE SPENDING ACCOUNTS ....................................................................................................................15 U. TUITION REIMBURSEMENT PROGRAM ............................................................................................................15 V. CREDIT UNION ...............................................................................................................................................15 W. RECOGNITION PROGRAMS ..............................................................................................................................15 X. EMPLOYEE ADVISORY COMMITTEE ...............................................................................................................16 Y. EXTRA MILE CLUB.........................................................................................................................................16 CHAPTER 4 - LEAVES OF ABSENCE ..................................................................................................................17 A. FLEXIBLE LEAVE............................................................................................................................................17 1. Accumulation............................................................................................................................................17 2. Scheduling Flexible Leave........................................................................................................................18 3. Flexible Leave Upon Termination ............................................................................................................18 4. Holidays During Flexible Leave...............................................................................................................18

5. 6. 7. 8. 9.

Verification and Notification ....................................................................................................................19 Extended Illness or Disability...................................................................................................................19 Family Death ............................................................................................................................................19 Worker’s Compensation Leave.................................................................................................................19 Cash-In Option .........................................................................................................................................20 B. ANNUAL LEAVE .............................................................................................................................................20 1. Accumulation...........................................................................................................................................20 2. Scheduling Annual Leave .........................................................................................................................21 3. Annual Leave Upon Termination..............................................................................................................21 4. Holidays During Annual Leave ................................................................................................................21 C. SICK LEAVE ...................................................................................................................................................21 1. Accumulation............................................................................................................................................21 2. Justification for Sick Leave Use ...............................................................................................................22 3. Verification and Notification ....................................................................................................................23 4. Extended Illness or Disability...................................................................................................................23 5. Worker’s Compensation Leave.................................................................................................................23 6. Sick Leave Bonus......................................................................................................................................23 7. Abuse of Sick Leave ..................................................................................................................................23 8. Sick Leave Bank........................................................................................................................................24 D. ABSENCES FOR MATERNITY AND PATERNITY ................................................................................................24 E. FAMILY AND MEDICAL LEAVE ACT (FMLA).................................................................................................25 F. LEAVE WITHOUT PAY ....................................................................................................................................25 G. MILITARY LEAVE ...........................................................................................................................................26 H. REQUIRED TRAINING .....................................................................................................................................28 I. EDUCATIONAL LEAVE ....................................................................................................................................28 J. CIVIL LEAVE ..................................................................................................................................................28 K. BLOOD DONOR LEAVE ...................................................................................................................................29 L. HOLIDAY SCHEDULE ......................................................................................................................................29 CHAPTER 5 - ADMINISTRATIVE POLICIES AND EMPLOYEE RESPONSIBILITIES .............................30 A. PERSONNEL FILES ..........................................................................................................................................30 B. PERFORMANCE EVALUATIONS .......................................................................................................................30 C. EMPLOYEE CLASSIFICATION ..........................................................................................................................31 D. PROMOTIONS..................................................................................................................................................31 E. DEMOTIONS ...................................................................................................................................................31 G. POSITION ESTABLISHMENT AND ABOLISHMENT.............................................................................................32 H. OTHER CLASSIFICATION ADJUSTMENTS.........................................................................................................32 J. TERMINATION OF SERVICE .............................................................................................................................34 K. CONTINUOUS SERVICE ...................................................................................................................................35 L. ANNIVERSARY DATES ....................................................................................................................................35 M. TRAVEL REIMBURSEMENT .............................................................................................................................35 N. SAFETY ..........................................................................................................................................................35 O. USE OF COUNTY VEHICLES ............................................................................................................................36 P. SEVERE WEATHER POLICY ............................................................................................................................37 Q. IMMEDIATE FAMILY MEMBERS WITHIN A DEPARTMENT (NEPOTISM)............................................................37 R. SMOKING POLICY ...........................................................................................................................................37 S. DRUG FREE WORKING ENVIRONMENT ...........................................................................................................37 T. ELECTRONIC MEDIA USAGE POLICY ..............................................................................................................38 U. CONFLICT OF INTEREST ..................................................................................................................................39 V. CONFIDENTIALITY OF RECORDS .....................................................................................................................40 W. GIFTS .............................................................................................................................................................40 X. SECONDARY EMPLOYMENT ...........................................................................................................................40 Y. POLITICAL ACTIVITY .....................................................................................................................................41 Z. CONDUCT AND APPEARANCE .........................................................................................................................41 AA. PERSONAL USE OF COUNTY TIME AND EQUIPMENT ..................................................................................41 BB. SOLICITATION ...........................................................................................................................................42

CHAPTER 6 - DISCIPLINARY PROCEDURES...................................................................................................43 A. CONDUCT STANDARDS...................................................................................................................................43 B. COUNSELING ..................................................................................................................................................43 C. DISCIPLINARY ACTION ...................................................................................................................................43 1. Reprimands...............................................................................................................................................43 2. Suspensions ..............................................................................................................................................45 3. Demotions.................................................................................................................................................45 4. Dismissals.................................................................................................................................................46 D. OTHER SUSPENSIONS .....................................................................................................................................47 E. GRIEVANCE PROCEDURE ................................................................................................................................47 F. REBUTTAL STATEMENT .................................................................................................................................47 G. PROCEDURAL GUARANTEES...........................................................................................................................48 H. INVESTIGATIONS ............................................................................................................................................48 I. EMPLOYEE’S RIGHT TO NOTICE .....................................................................................................................48 J. WORKPLACE VIOLENCE POLICY ....................................................................................................................49 K. HARASSMENT POLICY ....................................................................................................................................49 L. SEXUAL HARASSMENT ...................................................................................................................................49 1. Definition..................................................................................................................................................49 2. Statement of Action...................................................................................................................................50 M. RETALIATION OR ACTS OF REPRISAL FOR FILING A GRIEVANCE ....................................................................51 1. Definition..................................................................................................................................................51 2. Statement of Action...................................................................................................................................51 CHAPTER 7 - GRIEVANCE PROCEDURE..........................................................................................................53 A. PURPOSE ........................................................................................................................................................53 B. COVERAGE OF PERSONNEL ............................................................................................................................53 C. MANAGEMENT RIGHTS ..................................................................................................................................54 D. USING THE GRIEVANCE PROCEDURE..............................................................................................................54 1. Definitions ................................................................................................................................................54 2. Grievable Complaints...............................................................................................................................54 3. Non Grievable Complaints .......................................................................................................................55 E. EMPLOYEE RIGHTS AND REPRESENTATION ....................................................................................................56 F. DETERMINING AND APPEALING GRIEVABILITY..............................................................................................56 G. POLICY ...........................................................................................................................................................57 H. PROCEDURE ...................................................................................................................................................57 1. Informal Discussion with the Immediate Supervisor ................................................................................57 2. Step I--Meeting with the Step I Official ....................................................................................................57 3. Step II--Meeting with the Top Level Official ............................................................................................58 4. Step III--Meeting with the County Administrator .....................................................................................58 5. Step IV--Panel Hearing ............................................................................................................................59 I. RULES AND GUIDELINES FOR CONDUCTING PANEL HEARINGS ......................................................................60 1. Rules .........................................................................................................................................................60 2. Guidelines.................................................................................................................................................61 3. Implementation and Other Matters ..........................................................................................................61 ROANOKE COUNTY EMPLOYEE HANDBOOK...............................................................................................63 ACKNOWLEDGEMENT ........................................................................................................................................63

REVISED AND APPROVED JULY 2006

CHAPTER 1 - PUBLIC SERVICE IN ROANOKE COUNTY A.

Government The Code of Virginia and the Charter for the County of Roanoke establish the powers of the Roanoke County government. These powers are vested in a Board of Supervisors consisting of five members, one from each of the County’s five magisterial districts. The qualified voters of the respective districts elect members of the Board of Supervisors for a term of four years. These terms are staggered. The County Administrator is appointed by the Board of Supervisors and carries out the day-to-day operations of Roanoke County as directed by the Board. Specific responsibilities of the County Administrator are set forth in the County Charter, in Board resolutions, and in ongoing instructions from the Board. In general, these duties include responsibility for the overall personnel, budgetary, and operational functions of County government; these functions are carried out through the Assistant County Administrators, Department Directors, and staff. The Administrator does not have authority over the County Attorney, elected Constitutional Officers, or school operations, which fall under a separately elected School Board and Superintendent.

Equal Employment Opportunity Equal Employment Opportunity has been, and will continue to be, a fundamental principle in the County of Roanoke, where employment is based upon personal capabilities and qualifications without discrimination because of race, color, religion, sex, age, national origin, disability or any other protected characteristic as established by law. This policy of Equal Employment Opportunity applies to all policies and procedures relating to recruitment and hiring, compensation, benefits, termination and all other terms and conditions of employment. The Human Resources Department has overall responsibility for this policy. Employees' questions or concerns about Equal Employment Opportunity should be referred to the Human Resources Department. The County has voluntarily adopted an affirmative action plan to enhance its commitment to equal employment. The plan is available in the Department of Human Resources. Employees are also protected against sexual harassment, which is defined as any unwanted attention including advances, offers, proposals or suggestions of a sexual nature. Sexual harassment is described in more detail in Chapter 6, section L, “Sexual Harassment.”

Department of Human Resources The Board of Supervisors established the Department of Human Resources to administer and interpret the personnel policies in this handbook and to establish personnel rules and regulations to comply with these policies. The Department of Human Resources is also 1

responsible for training employees, administering County benefits, recruiting for County positions, employee relations, and working with the constitutional officers in the appointment of chief deputies as provided in Section 15.2-1603 of the Code of Virginia. D.

Environmental Policy Roanoke County is committed to maintaining and improving the environment of the Roanoke Valley and has established an environmental management policy for this purpose. Employees will be trained on this policy and general environmental awareness. Additional training and competencies may be established for those positions that can cause a significant impact on the environment.

CHAPTER 2 - GETTING STARTED A.

Application Process Applicants for employment or County employees interested in another County position must complete an Application for Employment or Internal Application Form, available in the Department of Human Resources, on Roanoke County’s Internet and Intranet sites, and in all County libraries. Applications are only accepted for posted positions. Positions are posted for a minimum of five working days unless otherwise authorized by Human Resources. Job postings can be found in the Department of Human Resources, on Roanoke County’s Internet/Intranet site, and telephone Job Line. After the posting deadline, applications are referred to the appropriate department or office for interviewing and selection. Applicants who are not selected are notified after the hiring decision has been made. Employment applications remain active, or held on file, for six months. An extended active period may apply to certain public safety positions. If an applicant wishes to apply for another posted position during the active period, he or she may use the active application by contacting the Department of Human Resources. If an applicant wishes to be considered for a position after the six-month active period, another application must be completed.

Physical Standards To be considered for a position, an applicant must be able to perform the essential functions of the job with or without reasonable accommodation. Depending on the identified County position and after the conditional job offer, the applicant may be required to pass a medical examination or test completed by a County-chosen physician. The County will pay for the cost of any required medical examination or test. A medical examination may also be required periodically throughout employment for positions where physical standards must be maintained.

Operation of County-Owned Motor Vehicles Applicants for positions requiring the operation of a County-owned motor vehicle must possess a valid Virginia driver’s license (including a Commercial Driver’s License, if necessary) at the time of employment. They may be asked to show the required license(s) and submit a copy of their Division of Motor Vehicles driving record. Employees who are required to drive a County vehicle must successfully complete a defensive driving course, as required by their supervisor, within the initial probationary period.

Age Limitations Sixteen is the minimum age for non-hazardous employment. Age twenty-one is the minimum age for public safety employment. There is no maximum age for employment.

Work Authorization The Immigration Reform and Control Act makes it illegal for employers to employ anyone who is not authorized to work in the United States. Within three business days of the date employment begins, all new employees must provide documentation that is identified on the 1-9 form (Employment Eligibility Verification form) to establish their identity and authorization to work in the United States. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days. A copy of the employeeâ&#x20AC;&#x2122;s social security card is required by the Payroll Department to verify information for Social Security purposes.

Types of Appointments County employees may receive a regular full-time, temporary, or part-time appointment to a position. Regular full-time appointments are made to positions specified by the Classification Plan. These positions usually have no fixed duration of service and appointees are eligible to receive all employee benefits. Part-time appointments are made to positions where the work hours are 24-32 hours per week. Temporary appointments are positions where the employee is hired for a specific time frame, normally no more than six months. Both temporary and part-time employees are paid on an hourly basis and are not eligible for County benefits.

Orientation The Department of Human Resources conducts new employee orientations regularly. Employees will be notified by their supervisor of their scheduled orientation session. Each department is also responsible for providing the new employee with an on-the-job orientation. This orientation will introduce the employee to their work environment, responsibilities, work schedule, safety requirements, and the application of departmental policies.

Probationary Period The work and conduct of a new employee during the first six months of employment are considered a working test period, or probationary period. During this time an employee must demonstrate the ability to perform essential job functions and suitability as a County employee. An employee may be dismissed at any time during the probationary period 4

with no right of appeal, except where discrimination is claimed. Employees with charges of discrimination have the right of appeal through the grievance procedure described in Chapter 7. After successfully completing the probationary period, employment will continue on an at-will basis. During this probationary period, it is recommended that their supervisor evaluate the new employee three months and six months after the employment date, or as determined by departmental needs. This evaluation is intended to give both the employee and the supervisor the opportunity to discuss their working relationship and make improvements, if necessary. During this evaluation, the supervisor has the option to transfer the probationary employee to regular employment, to extend the probationary period, or to dismiss the probationary employee. With the approval of the Director of Human Resources, the supervisor may extend the probationary period for as much as six additional months. The probationary period may be extended when the employee’s ability to meet essential job functions is questionable or when the duties of the job require additional training. Some County departments may establish other schedules for probationary periods as their departmental needs mandate. The probationary employee accrues Flexible Leave hours which may be used after it has accrued. “Chapter 4, Leaves of Absence,” describes Flexible Leave usage. I.

Work Routine Because Roanoke County relies heavily upon its employees, it is important that employees attend work as scheduled. Dependability, attendance, punctuality, and a commitment to do the job right are essential at all times. As such, employees are expected at work on all scheduled workdays and during all scheduled work hours and to report to work on time. Moreover, an employee must notify his/her supervisor as far in advance as possible (or an amount of time established by departmental policy) if he/she expects to be late or absent. The appropriate supervisor will provide the employee with a daily schedule. The supervisor or management may alter work hours during the workday, or may increase or decrease the normal work hours or work schedule. Regular full-time employees work a 40-hour week. However, as defined by the Fair Labor Standards Act, Roanoke County places employees whose primary duty is law enforcement or fire protection on an extended 28-day work period. Your supervisor will inform you as to whether or not your position is considered law enforcement or fire protection. Depending on the nature of their work, employees may be allowed to alter their work hours or lunch schedule with approval from the appropriate supervisor. Offices that serve the public, however, must remain open and staffed from 8:00 a.m. until 5:00 p.m. Monday through Friday. While there are no designated times for employee breaks, individuals may need a rest period or brief break during the day. Break periods may not exceed 15 minutes in the morning and 15 minutes in the afternoon. Breaks must not 5

conflict with ongoing work in the office or work area and, therefore, must be scheduled so that offices are open and staffed from 8:00 a.m. until 5:00 p.m. The employee must notify the appropriate supervisor before taking a break. Breaks shall not be used to arrive at work late, leave work early, or to extend the lunch period. An employee may be required to work overtime. The guidelines found in Chapter 3, â&#x20AC;&#x153;Compensation and Benefits,â&#x20AC;? describe overtime compensation.

CHAPTER 3 – COMPENSATION AND BENEFITS A.

Classification Plan The pay of all regular County employees is established by The Classification and Pay Plan, which is approved annually by the Board of Supervisors. The Department of Human Resources is responsible for developing and maintaining a uniform plan. Pay ranges, or grades, are assigned for every classified position in the Plan. Every grade consists of minimum and maximum pay rates for a position.

Recording Work Hours Personnel covered by this handbook must accurately record all work hours and leave time on an approved time sheet or time card. The standard workweek for payroll purposes begins on Saturday at 12:01 a.m. and ends on Friday at 12:00 midnight. Time sheets or cards must be submitted to the appropriate supervisor after the biweekly pay period is complete (see next section). The appropriate supervisor verifies and approves hours worked and departmental time records are forwarded to the Payroll Office.

Paydays Employees are paid biweekly. Paydays occur on alternate Fridays throughout the year. If a payday falls on a holiday, employees are paid on the workday before the holiday.

Direct Deposit The County provides electronic funds transfer into your bank or credit union account. All new full-time employees are required to participate in direct deposit. Regular parttime employees who work on a weekly basis may also participate in the direct deposit if they choose.

Deductions The amount of salary earned and the amount of salary received will differ. This is a result of pay deductions. Some deductions are required by law and others are made at the employee’s request. State and federal income taxes and Social Security deductions are required by law. Other legal deductions could include garnishments, tax liens, and other wage assignments. These payments are deducted from each employee’s salary according to federal and State rates. All other deductions are voluntary and made at the employee’s request. Voluntary deductions may include health insurance, savings bonds, credit union payments, United Way contributions, deferred compensation and Roanoke County Flexible Spending Accounts.

Overtime Compensation The job class status is used to determine overtime compensation. Each job class is given the status of either nonexempt or exempt, and exempt job classes are further separated into exempt/compensatory and exempt/discretionary. To be considered exempt, an employee’s job duties must fit into an executive, administrative, professional, or computer category by the Fair Labor Standards Act. Those employees whose job duties do not fall into these categories are classified as nonexempt. Your supervisor will inform you of your status when you are hired. It is the County’s intent to comply with all Fair Labor Standards Act (FLSA) regulations and to classify and pay employees correctly. Improper pay deductions are prohibited. If an employee believes they have been paid incorrectly or that improper deductions have been withheld from a paycheck, Human Resources should be contacted. If it is determined that pay is incorrect or the deductions were improper, the situation will be corrected and any reimbursements due the employee will be made.

Overtime Compensation for Nonexempt Employees Overtime compensation will begin for all hours actually worked over 40 during the established workweek (Saturday 12:01 a.m. through Friday 12:00 midnight). The County provides overtime compensation in the form of time and one-half the nonexempt employee’s hourly pay rate. Sick leave, annual leave, holiday or Flexible Leave hours are not considered actual work hours for the purposes of calculating overtime. Management may reschedule employees during the work period so that no more than the normally scheduled hours are worked. As defined by the Fair Labor Standards Act, Roanoke County places employees whose primary duty is law enforcement or fire protection on an extended work period. The extended work period is 28 days and the County provides overtime compensation in accordance with FLSA guidelines. Compensation is at time and one-half the employee’s hourly rate. Sick leave, annual leave, holiday or Flexible Leave hours are not considered actual work hours for the purposes of calculating overtime. Management may reschedule employees during the work period so that no more than the normally scheduled hours are worked in the 28-day period. Upon employment, your supervisor will inform you as to whether or not your position is considered law enforcement or fire protection. The appropriate supervisor must pre-approve all overtime. Overtime payment is included on the employee’s paycheck that follows submission of the biweekly time sheet containing the overtime work except those on a 28-day cycle. Employees on a 28 day cycle (public safety) are paid their overtime on the paycheck that follows the submission of the time sheet at the end of their 28 day cycle.

Exempt/Compensatory Overtime Compensation Employees may be designated as exempt/compensatory if their job duties fit into an executive, administrative or professional category but are below the assistant department director level. Exempt/compensatory employees earn compensatory time off on an hour-for-hour basis for all hours actually worked over 40 during the established workweek. Compensatory time off must be taken as soon as is practical according to the workload of the department. If the departmentâ&#x20AC;&#x2122;s workload makes it impractical to take compensatory time off as soon as it is earned, compensatory time off can accumulate. However, accumulated compensatory time off may not exceed 100 hours by the last pay period of each fiscal year. Employees who move from an exempt/compensatory position to either nonexempt or exempt/discretionary position will forfeit all accumulated compensatory time off. This provision does not apply if the new position was a result of a reclassification. When an employee leaves County service voluntarily or involuntarily, he or she forfeits all compensatory time off. If an employee with accumulated compensatory time is placed on reduction in force status, the compensatory time will be paid out as a lump sum with any accrued annual leave, sick leave and/or Flexible Leave hours.

Exempt/Discretionary Overtime Compensation An employee is designated as exempt/discretionary if their job duties fit into an executive, administrative, or professional category and is at the assistant department director or senior management level or above. Exempt/discretionary employees are expected to work the hours necessary to complete the job and do not accumulate or record overtime (comp time) hours worked on an hour for hour basis as described above in the Exempt/Compensation section. Exempt/discretionary employees are eligible to take time off at their discretion based on hours that have been worked beyond the normal workweek.

Standby and On-Call Some County departments have a need for essential work to be performed outside regularly scheduled hours. Employees who are required to perform this work are placed on either standby or on-call status and are called back to work if necessary. 1.

Standby Standby is a preplanned status where employees are required to be available for specified periods of time to perform essential work outside regularly scheduled hours and are paid. Employees on standby status are not restricted in the use of personal time, but must be available for call back when contacted by beeper, 9

radio, telephone or other prearranged means. Those on standby are eligible to receive the standby pay rate approved by the Board of Supervisors in the County budget adopted annually. Employees on standby status who do not respond when called for work may be subject to disciplinary action. Standby status must be requested by the appropriate department director, submitted to the Department of Human Resources for recommendation, and approved by the County Administrator or the Administrator’s designee. 2.

On-Call On-call is a status designated in the job description or by the supervisor that subjects the employee to being called back to work outside regularly scheduled hours. Employees do not receive any type of compensation for on-call status. However, call back for employees on-call is normally not as frequent as for those on standby status.

Once called back to work, either by standby status or on-call status, nonexempt employees are paid for all time worked. Exempt/compensatory employees who are called back to work receive compensatory time. (See Chapter 3, section F, “Overtime Compensation,” for information on nonexempt and exempt/compensatory status as well as compensation for overtime.) H.

Acting Status Compensation An employee who is required to assume the duties of another employee in a higher pay grade is entitled to acting status compensation. This compensation is a temporary 10 percent increase in the employee’s salary, or to the minimum of the pay grade, whichever is more. The employee fulfilling acting status will receive the appropriate compensation beginning on the first day of the pay period following two consecutive weeks of acting duty status.

20 Year Service Pay When a full-time employee has reached 20 years of continuous full-time service with the County, the employee is eligible for an additional $600 of pay each year or otherwise approved by the Board of Supervisors in the classification plan. This amount is added to the regular salary over 26 pay periods. Payments will begin on the pay date coinciding with the attainment of the employee's 20th anniversary of full-time service. If an employee leaves County service during the year for any reason, the employee will not be eligible for any unpaid portions of the award.

Health and Dental Insurance Only full-time employees are eligible to participate in the County’s health and/or dental insurance plans. For those who participate, the cost of these insurance plans is partially 10

funded by the County and the remaining amount is deducted from the employee’s salary. Those enrolled in the County’s health and/or dental insurance plans will receive a handbook explaining the plans and benefits in detail. The employee may only enroll, make changes in, or cancel the health and/or dental insurance plans upon employment, during yearly open enrollment periods, or within 30 days of a qualifying event. Contact the Department of Human Resources or see the Roanoke County Human Resources intranet site for more details on qualifying events. Employees leaving County service may elect to continue their health/dental insurance for up to 18 or 29 months following termination of employment following the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA). The 29-month period is only available to qualified beneficiaries who are deemed by Social Security Administration to have been disabled before the end of the first 60 days of the 18 month COBRA continuation period. In addition, family members who are enrolled may also continue coverage through the County’s health and dental insurance plans if certain qualifying events would otherwise end their coverage. A qualifying event may include termination of employment, marriage, change in employment status, death, divorce, child reaching ineligible status due to age, etc. Spouses of employees may elect to continue their health/dental insurance for up to 36 months in the case of the employee’s death or divorce. Dependent children of employees may also elect to continue their health/dental insurance for up to 36 months when the child ceases to be an eligible dependent. Employees who are considering retirement should check with Human Resources concerning health and dental insurance coverage. To qualify for continuation of coverage and to be eligible to receive the County’s premium contribution toward the health insurance, the employee must have at least 5 years of continuous full-time employment with no break in service through the date of retirement with Roanoke County and be eligible for the VRS retirement benefit. Both the employee and eligible dependents must have been enrolled in the health and/or dental plans for at least 12 months at the time of retirement. Employees applying for work-related or non workrelated disability must also meet the eligibility requirements for early or regular retirement to be eligible for the County Retiree Health/Dental Benefit plan. When the retiree or their spouse becomes eligible for Medicare while receiving retiree health benefits, the spouse must pay or begin paying the full premium to continue their health insurance. Retirees who wish to continue participating in the dental plan are responsible for payment of the full dental retiree premium. Contact the Department of Human Resources for further information regarding the County’s health and dental plans. K.

Short and Long Term Disability Insurance Only full-time employees are eligible to participate in the County’s short and long term disability plans. Short and long term disability are integral components of the Flexible Leave plan and new employees are automatically enrolled. These plans have been established to provide income protection during times of extended illness or injury when 11

the employee is unable to work. The County fully funds the short term disability coverage and partially funds the long term disability. Upon enrollment, a document explaining the plans and benefits will be provided. Contact the Human Resources Department for additional information on short and long term disability.

Health Insurance Portability & Accountability Act (HIPAA) Roanoke County’s health and medical benefits must comply with the Privacy Regulations found in the Health Insurance Portability and Accountability Act (HIPAA) as found in the Code of Federal Regulations 45 CFR Part 164.530. Roanoke County is required to maintain the privacy of your health information and to provide you with notice of its legal duties and privacy practices with respect to your health information. This Notice of Privacy Practices will be provided upon enrollment in the insurance plans during your Benefit Orientation. The notice may also be found on the Human Resources Intranet site.

Life Insurance Each full-time employee participates in the group life insurance plan. The Virginia Retirement System administers the plan, which offers life insurance without the requirement of a medical examination. The full-time employee may also purchase additional insurance through the optional life program. Employees must choose a beneficiary when they begin County service and are responsible for keeping beneficiary records current. Contact the Department of Human Resources if the beneficiary changes. The Virginia Retirement System publishes a handbook that includes an explanation of the group life insurance plan. This may be obtained in the Department of Human Resources.

Worker’s Compensation The County may pay related medical expenses--at no cost to the employee--for an accident or qualifying illness that occurs as a result of work. Worker’s compensation coverage is provided for full-time, part-time and temporary employees and authorized volunteers. In addition, the employee may be entitled to compensation to help offset the loss of wages while unable to work. Employees do not share in the cost of worker’s compensation; the County pays the entire cost. To be considered for full worker’s compensation, accidents on the job must be reported to the employee’s supervisor immediately. The Report of Accident or Injury and the Panel of Physicians forms must be completed by the supervisor and employee and forwarded to the Department of Risk Management within two working days of the accident. These forms are to be completed even if the employee does not receive medical

treatment. The County’s Worker’s Compensation third party administrator reviews all claims that are submitted for eligibility. During the first seven calendar days that a regular full-time employee is absent from work because of job-related illness or injury, the employee must use accrued sick leave or Flexible Leave hours to receive full pay. After the first seven calendar days and up to the next 90 working days, the employee could receive full pay at the recommendation of the department director and approval of the Risk Manager. The Board of Supervisors may grant up to an additional 60 days with pay in special instances. If the employee is absent more than 21 calendar days because of an approved job-related illness or injury, the County will reinstate the leave that was used. In order to receive full pay, the employee must sign over any worker’s compensation checks to the County. State law allows the County to designate physicians that the employee must choose from for an examination verifying the extent of injury or illness. If an employee chooses to be treated by a physician other than one on the County’s panel of physicians, the employee may be responsible for medical expenses related to that treatment. In cases of job-related injury or illness that extends beyond approved limits or in cases of permanent disability, the employee will receive the compensation allowed under the Worker’s Compensation Act. The employee will not be on pay status with the County during this time and, therefore, will not accrue leave hours. Questions regarding worker’s compensation may be directed to the Risk Management Department. O.

Unemployment Compensation The County contributes to an unemployment compensation fund for employees who leave County service and are eligible to apply for unemployment compensation through the Virginia Employment Commission (VEC). After applying, the VEC determines compensation eligibility on an individual basis.

Virginia Retirement System The Virginia Retirement System (VRS) was designed by the State to supplement federal Social Security retirement coverage. Membership in VRS is a condition of employment for all full-time regular County employees; however, new full-time employees 65 or older may choose not to participate. VRS provides a monthly payment to members when they retire for as long as the member lives. This monthly payment is based on the member’s highest, consecutive 36 months of salaried employment averaged; years of VRS membership; and the member’s age. The County makes contributions to VRS for each employee. These payments are divided into the employee’s share, which is 5 percent of the annual salary, and the employer’s share, but the County pays both shares as one of the employee’s benefits. An employee must be a member of VRS five years to become vested, or eligible for a monthly retirement benefit. 13

Vested members are entitled to receive VRS benefits upon retirement. Employees may receive full or partial VRS benefits depending on their age when they retire. If an employee terminates service with the County before retirement, he or she may be able to withdraw the employee’s VRS share, depending on provisions of the VRS. The VRS membership handbook gives a detailed explanation of the VRS benefits. Copies of the handbook may be obtained in the Department of Human Resources. Employees who become permanently mentally or physically unable to perform present job duties may be eligible for work-related or non work-related disability retirement with the Virginia Retirement System. Contact the Department of Human Resources for more information. Law enforcement officers and firefighters may be eligible for an additional retirement benefit through the Virginia Retirement System, The Law Enforcement Officers, Firefighters and Sheriffs Program. Contact the Department of Human Resources for additional information regarding this benefit. Q

Social Security The County contributes to the Social Security payment for each employee. The balance of the payment is deducted from each employee’s salary. These payments are then credited to each employee’s account. All payments made to Social Security by the employee and his or her employer(s) are totaled and determine the amount of Social Security benefit that the individual will receive upon retirement.

Employee Assistance Program (EAP) The County offers EAP services as a benefit to employees. Full-time employees and their immediate family members including spouses, children, parents, or other relatives living in the employee’s household, may obtain confidential, professional assistance in resolving personal problems through the Employee Assistance Program (EAP). The EAP provides professional counseling and referral services. Its purpose is to help employees and their families identify, resolve, and gain control over personal or work-related problems that may be interfering with work and daily life. The employee or the immediate family member may contact the EAP directly. The supervisor may refer an employee to the program as well. This referral is in strict confidence. For more information on the EAP contact your supervisor or the Department of Human Resources.

Deferred Compensation All full-time employees have the option of participating in the voluntary deferred compensation program. Contributions can be made through pre-tax deductions from paychecks. The County makes a matching contribution determined by the Board of Supervisors for each participating employee. Employees are 100% vested in the deferred compensation program once they enroll. For further information regarding the deferred

compensation program or the amount of the County contribution, contact the Department of Human Resources. T.

Flexible Spending Accounts Flexible spending accounts may be established by full-time employees to have qualifying medical expenses and/or dependent care expenses deducted through pre-tax payroll deductions each payday. Employees may only enroll in this benefit within thirty days from the date of hire, or during annual open enrollment periods. Please contact the Department of Human Resources for further information regarding the flexible spending accounts. U. Tuition Reimbursement Program The Tuition Reimbursement Program helps employees pursue professional growth and development with the County. The program is normally intended for those completing an academic degree, such as a GED, an associates, bachelor’s or master’s degree. The course of study should be related to the business of the County, the department, employee’s current position or prepare the employee for promotion into another County position. The Tuition Reimbursement Program is not intended to replace job skills training, seminars, workshops and other training provided by the employee’s department or required for the job. Employees who are eligible for educational assistance from other sources, including veteran’s benefits, grants, and/or scholarships, must exhaust those sources before applying for tuition reimbursement. Additional information, including procedures and the application form for tuition reimbursement may be found on the Human Resources Intranet page or in the Human Resources Department.

Credit Union The credit union is a financial organization owned and operated by its members. Members are eligible for a variety of benefits and services, including loans, dividends, and family memberships. Credit union transactions for Roanoke County employees are handled through the Member One Credit Union. Any Roanoke County employee may become a member of the credit union. Contact the Member One Credit Union for membership information.

Recognition Programs The Employee Recognition Program recognizes and awards employees for their years of service with Roanoke County. Employees are honored annually by the Board of Supervisors, normally at a Board meeting, and are given a choice of service awards. They are recognized for five-year increments of consecutive County service (5, 10, 15, etc.). A 15

retiring employee with at least 20 years of service receives special recognition. After 25 years of service, employees become members of the Quarter Century Club.

Employee Advisory Committee The Employee Advisory Committee (EAC) provides all employees with a way to make suggestions concerning personnel policies, benefits, working conditions, and other areas of concern. The committee typically meets monthly to address employee concerns. Contact the Department of Human Resources for more information.

Extra Mile Club The “Extra Mile Club” is a peer recognition program designed to showcase exemplary employees who have gone the ‘extra mile’ to provide exceptional customer service to either external or internal customers. These employees receive a certificate of appreciation and are recognized through appropriate means and by the Board of Supervisors.

CHAPTER 4 - LEAVES OF ABSENCE A.

Flexible Leave The Flexible Leave Plan (FLP) is a comprehensive program that recognizes the many diverse needs of employees for time off from work, and includes a disability plan for income protection. Hours accrued in the flexible leave plan may be used for any purpose when scheduled in advance or at times when unforeseen circumstances cause an unscheduled absence. An integral part of the Flexible Leave plan is short and long term disability insurance to cover periods of extended illness or injury. Employees are automatically enrolled in the disability plans as a part of the flexible leave plan. Additional information on short and long term disability insurance may be found in the Benefits Section of this handbook or by contacting the Human Resources Department.

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Employees hired after November 4, 2006 will only have the Flexible Leave plan available for the accrual of leave time.

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Employees hired before November 4, 2006, may choose to enroll in the Flexible Leave Plan or remain in the traditional Annual and Sick Leave plans. Employees who do not enroll in the FLP when first eligible may join during annual open enrollment periods. For late entrants, evidence of insurability will be required with application to the long term disability plan and acceptance into the plan may be denied. Transitional details are documented in the Human Resources Management Policy on Flexible Leave and can be found on the Human Resources Intranet site.

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Accrual schedules for the Flexible Leave Plan for Fire and Rescue personnel are available from F&R departmental management. Accumulation Full-time employees will accrue flexible leave hours based on their years of continuous County service. Leave is applied biweekly to the employee’s payroll record according to the table below: Years of Service 0 up to 4 5 up to 9 10 up to 14 15+

Annual Accumulation 20 days 23 days 26 days 29 days

Biweekly Accumulation 6.1539 hours 7.0770 hours 8.000 hours 8.9231 hours

Flexible leave may be taken in quarter-of-an-hour (15 minutes) increments and is available for use after leave accruals have been applied. Unless the employee has 17

accrued flexible leave available for use, he or she will not be granted flexible leave. Absences with pay due to flexible leave, civil leave, military leave or other types of paid leave do not affect the flexible leave accumulation. However, leave will not accrue for any unpaid absence of 40 hours or more, per biweekly pay period including absences for FMLA reasons. This applies to new employees, those leaving County service or employees on leave without pay. Flexible Leave will accrue for all employees serving a probationary period. Employees may accumulate Flexible Leave not to exceed 400 hours (50 days) by the last pay period of any fiscal year (June 30) or when the employee leaves County Service. 2.

Scheduling Flexible Leave Although Flexible leave is a benefit provided for employees to self-manage their time off, it should be scheduled so the ongoing work effort in a department is still productive. Flexible leave may be used for any purpose and should be scheduled in advance. Leave requests must be submitted no less than three working days in advance and approved by the appropriate supervisor. The supervisor may waive the three-day requirement in emergency circumstances or when an unforeseen circumstance causes an unscheduled absence. In some departments, flexible leave must be requested more than three days in advance. The appropriate supervisor will inform the employee when hired if a longer submission time applies.

Flexible Leave Upon Termination Employees who leave County service are entitled to payment for Flexible leave up to the maximum accrual rate of 400 hours (50 days). This includes retirement, voluntary resignation, death, or dismissal. The County will pay the employee once all County property is returned to the appropriate department(s) and any debt to the County is settled. An employee must give a two-weeks notice of resignation. Any flexible leave taken during this time must be approved by the appropriate supervisor and must not interfere with the ongoing work effort of the department. Flexible Leave can not be used to extend a resignation past the two-week notice.

Holidays During Flexible Leave Any scheduled holiday that falls during an employeeâ&#x20AC;&#x2122;s flexible leave time will not be charged to that leave balance.

Verification and Notification The appropriate supervisor has the right to request verification of absences reported as unscheduled flexible leave by requiring a physician’s statement. When an unforeseen need for flexible leave occurs, employees must notify the appropriate supervisor no later than the beginning of their shift. In some departments a longer notification period may be required. The appropriate supervisor will inform the employee if this applies. Failure to notify the supervisor of an absence, except in an emergency situation, is considered grounds for counseling and/or disciplinary action.

Extended Illness or Disability It is recommended that employees maintain enough Flexible Leave hours to cover unexpected absences, including FMLA, Workers Comp, and the Short-Term Disability waiting period. If an employee will be out of work because of a prolonged illness or injury, he or she should refer to the Benefits section of this handbook describing short and long term disability for more information.

Family Death The County provides up to three working days to cover any absence related to the death of the employee’s spouse, the employee’s child or stepchildren, brother, sister, stepbrother, step-sister, parent, spouse’s parent, stepmother, stepfather, grandparent, grandchild or a relative living in the employee’s household. In unusual circumstances, the Director of Human Resources may extend the threeday limit or the six-day fiscal year limit at the recommendation of the employee’s supervisor. This time off is not deducted from the flexible leave balance. If additional time off is required, the employee may use flexible leave, compensatory time (if eligible), or leave without pay, following the guidelines in this chapter.

Worker’s Compensation Leave All work-related accidents must be reported to the appropriate supervisor as soon as possible. If the accident requires medical attention, the cost may be covered by Worker’s Compensation Insurance. (For more information on this insurance, see Chapter 3, section M, “Worker’s Compensation.”)

Cash-In Option Employees may cash-in up to 40 hours of accrued flexible leave per fiscal year. To be eligible for the Cash-In Option, a minimum 40-hour balance must be maintained in the FLP plan after any cash-in payment is made. Hours may be cashed-in only during May and November of each fiscal year. The request to cash-in must be received in the Payroll Department by the first day of the month and will be paid during the last pay period of the month. Cash-in hours will be paid at the employeeâ&#x20AC;&#x2122;s regular hourly rate at the time of the request. Pay received from the Cash-In option can be rolled over into the Deferred Comp plan if the employee has an established account.

B. Annual Leave Note: Annual leave only applies to employees hired before November 4, 2006 who have not enrolled in the Flexible Leave plan. 1.

Accumulation Full-time employees receive annual leave based on their years of continuous County service. Leave is applied biweekly to the employeeâ&#x20AC;&#x2122;s record according to the table below: Years of Service 0 up to 5 5 up to 10 10 up to 15 15+

Annual Accumulation 12 days 15 days 18 days 21 days

Biweekly Accumulation 3.6923 hours 4.6154 hours 5.5385 hours 6.4615 hours

Annual leave may be taken in quarter-of-an-hour (15 minutes) increments and is available for use after leave accruals have been applied. Unless the employee has accrued annual leave available for use, he or she will not be granted annual leave. Absences with pay due to annual leave, sick leave, civil leave, military leave or other types of paid leave do not affect the annual leave accumulation. However, leave will not accrue for any unpaid absence of 40 hours or more, per biweekly pay period including absences for FMLA reasons. This applies to new employees, those leaving County service or employees on leave without pay. Annual leave will accrue for all employees serving a probationary period. Employees may accumulate annual leave not to exceed 336 hours (42 days) by the last pay period of any fiscal year (June 30) or when the employee leaves County service.

Scheduling Annual Leave Although annual leave is an employee benefit, it should be scheduled so the ongoing work effort is not disrupted. Therefore, all annual leave requests must be submitted no less than three working days in advance and approved by the appropriate supervisor. The supervisor may waive the three-day requirement in emergency circumstances. In some departments, annual leave must be requested more than three days in advance. The appropriate supervisor will inform the employee when hired if a longer submission time applies.

Annual Leave Upon Termination Employees who leave County service are entitled to payment for annual leave up to the maximum accrual rate of 336 hours (42 days). This includes retirement, voluntary resignation, death, or dismissal. The County will pay the employee once all County property is returned to the appropriate department(s) and any debt to the County is settled. An employee must give a two-weeks notice of resignation. Any annual leave taken during this time must be approved by the appropriate supervisor and must not interfere with the ongoing work effort of the department. Annual leave can not be used to extend a resignation past the two-week notice.

Holidays During Annual Leave Any scheduled holiday that falls during an employee’s annual leave will not be charged to that leave balance.

Sick Leave Note: Sick Leave only applies to employees hired before November 4, 2006 who have not enrolled in the Flexible Leave. 1.

Accumulation All regular and probationary full-time employees receive 120 hours (15 days) of sick leave per year. Sick leave is applied to the employee’s record 26 times per year. The biweekly accumulation is 4.6154 hours. Sick leave may be taken in quarter-of-an-hour (15 minutes) increments. Accumulated hours are available for use by full-time regular and probationary employees after they are applied to the employee’s record. Unless the employee has accrued sick leave available for use, he or she will not be granted sick leave. Absences with pay due to annual leave, sick leave, civil leave, military leave or other types of paid leave do not affect the sick leave accumulation. However, leave will not accrue for any unpaid absence of 40 hours or more, per biweekly 21

pay period including absences for FMLA reasons. This includes new employees, those leaving County service, or employees on leave without pay. Sick leave hours will accrue for all employees serving a probationary period. Sick leave can accumulate and accrue from one fiscal year to the next. There is no maximum on the amount of hours allowed to accrue. 2.

Justification for Sick Leave Use a.

Personal Illness Sick leave may be used to cover any absence from work that results from a personal illness or injury, exposure to a contagious disease that could create a hazard to fellow employees, or health-related appointments when these appointments cannot be reasonably scheduled outside working hours.

Family Illness Employees may use sick leave for illness of the spouse, children and parents or a relative living in the employee’s household, or for health related appointments for those relatives when appointments cannot be scheduled outside business hours. A maximum of ten working days in the fiscal year may be charged against sick leave for family illness. In unusual circumstances, the Director of Human Resources may extend the ten-day fiscal year limit at the recommendation of the employee’s supervisor.

Maternity/Paternity Absences caused by or related to maternity and paternity, including adoption of children, may be covered by sick leave. For more information concerning maternity and paternity leave, see section D, “Absences for Maternity and Paternity,” in this chapter.

Family Death Sick leave may be used to cover any absence related to the death of the employee’s spouse, the employee’s child or stepchildren, brother, sister, stepbrother, step-sister, parent, spouse’s parent, stepmother, stepfather, grandparent, grandchild or a relative living in the employee’s household. A maximum of three working days may be charged against sick leave for a family death, and a maximum of six days for the fiscal year. In unusual circumstances the Director of Human Resources may extend the three-day limit or the six-day fiscal year limit at the recommendation of the employee’s supervisor.

If additional time off is required, the employee may use annual leave, compensatory time (if eligible), or leave without pay, following the guidelines in this chapter. 3.

Verification and Notification The appropriate supervisor has the right to request verification of absences reported as sick leave by requiring a physician’s statement. When sick leave needs to be used, all employees must notify the appropriate supervisor no later than the beginning of the shift. In some departments a longer notification period may be required. The appropriate supervisor will inform the employee if this applies. Failure to notify the supervisor of an absence, except in an emergency situation, is considered grounds for discipline.

Extended Illness or Disability If an employee will be out of work because of a prolonged illness or disability, he or she must submit to the appropriate supervisor a physician’s statement that estimates the probable duration of the illness or disability. The employee must use accrued sick leave, annual leave, or leave without pay (as described in section E, “Leave without Pay,” of this chapter) to cover his or her absence.

Sick Leave Bonus When an employee leaves County service, he or she is eligible to receive payment for all unused sick leave. Those who separate by resignation or death are paid $1.25 per unused sick hour ($10 per unused sick day) up to $2,400. Retirees are paid $4.375 per unused sick hour ($35 per unused sick day) with no maximum. To receive payment, the employee must return all County property and all debt to the County must be settled.

Abuse of Sick Leave Sick leave is available to the employee as an aid in time of need and should only be used when necessary. It should be used with care to prevent financial hardship that might result from leave without pay status during an extended absence because sick leave has already been exhausted.

It is the department director’s responsibility to manage this policy and ensure that sick leave is used as it is intended. Sick leave usage shall be monitored and reviewed with the employee when six (6) or more days of sick leave have been used during a fiscal year. Employees who utilize their sick leave without producing a medical excuse are prohibited from working at their secondary employment while receiving this county benefit. Employees who are utilizing sick leave on the basis of a medical authorization may not work at their secondary employment unless they receive the prior permission of their department director. Sick leave pay will be denied to any employee who is found guilty of making a false statement of sickness or otherwise abusing the sick leave privilege. An employee could also be considered guilty of abusing sick leave even if he or she has not used the 15-day yearly allowance. Abuse of sick leave is considered grounds for counseling and/or discipline. 8.

Sick Leave Bank The Sick Leave Bank is a program that provides a “sick leave loan” to members who have exhausted all accumulated sick leave and annual leave balances. Loans are for personal major or prolonged illnesses; they are not available for family illness. All full-time, non-probationary employees are eligible to join the sick leave bank. To enroll, the employee must make a one-time donation of 16 hours from accumulated sick or annual leave. Contact the Department of Human Resources for an application form. All sick leave loans must be repaid following the procedures in the Sick Leave Bank Policy available in the Department of Human Resources. Leave hours donated to the bank must have been earned while actively employed by the County. Eligible employees may enroll once they have completed the probationary period or during annual open enrollment periods if the probationary period has already expired. Contact the Department of Human Resources for further information on enrollment, loan requests, and loan repayments.

Absences for Maternity and Paternity The time an employee is medically disabled from a pregnancy-related condition is treated as any other personal illness or disability described in this chapter. Absences may be charged to earned sick leave for any medically disabling condition related to pregnancy that is certified by a physician. Maternity and paternity absences for parental bonding and/or child care following the birth or adoption of a child may also be charged to earned sick leave, not to exceed 160 hours (20 working days). To request maternity or paternity leave, the employee must obtain a physician’s statement or a statement from the adoption agency. This statement must be submitted to the appropriate supervisor 30 days in advance, when possible, of the requested absence. Following the appropriate supervisor’s approval of the absence, the Department of Human Resources is notified. If accumulated sick leave is exhausted, the employee may charge maternity/paternity absences to 24

accumulated annual leave, compensatory time (if eligible), or leave without pay, following the guidelines described in this chapter. Use of Maternity/Paternity Leave is limited to pregnancy-related medical conditions, parental bonding, and childcare only. Abuses of this leave could result in disciplinary action. E.

Family and Medical Leave Act (FMLA) The federal Family and Medical Leave Act of 1993 provides up to 12 weeks of unpaid leave during a 12-month period. The 12-month period is a rolling 12-month period measured backward from the date an employee uses any FMLA leave. To be eligible for Family Medical Leave Act (FMLA) leave, an employee must have been employed by the County for at least 12 months and for at least 1250 hours during the 12 month period immediately preceding the commencement of the leave. During this leave, an eligible employee is entitled to continued group health plan coverage as if the employee had continued to work. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or to an equivalent position. Employees are eligible to receive FMLA leave for any of the following reasons: the birth or adoption of a child, for personal serious illness or serious illness of an immediate family member (child, parent or spouse). A “serious health condition” is an injury, illness, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider for conditions meeting certain criteria. For leave relating to the employee’s or a family member’s serious health condition, the employee may take intermittent leave or work a reduced schedule if it is medically necessary, as determined by a physician. The County may require a physician’s statement certifying the employee’s or family member’s absence. The County requires the employee to apply accumulated paid leave time (flexible leave or sick leave first, then annual leave) to the total 12-week allowance. To be considered for FMLA leave, an employee should notify their immediate supervisor to request an FMLA leave application, submit this request to the Department of Human Resources, and submit a physician’s statement indicating the employee’s or family member’s diagnosis and anticipated time off from work. The Department of Human Resources will evaluate the request and notify the employee of approval or disapproval of FMLA leave. Contact the Department of Human Resources for specific guidelines on the policies regulating annual use of FMLA leave.

Leave Without Pay Although the County is not obligated to grant leave without pay, the department director may approve leave without pay requests for extended illnesses or for personal reasons given by the employee. Leave without pay may be granted for as much as 180 calendar days during the course of employment. The employee cannot accumulate additional leave if on leave without pay for more than 40 hours. The employee will not receive pay for any holidays that occur while on non-pay status. If on leave without pay for longer than two pay periods, the employee must cover the entire premium balance to continue 25

medical and/or dental insurance coverage (employee’s share and the County’s share). For those covered by the Virginia Retirement System, the employee must pay the employee’s share of the life insurance premium to continue coverage. G.

Military Leave It is the County’s objective to grant military leave to full-time and part-time regular employees for active duty in the armed services of the United States or for employees who are former members of the armed services, current members of the reserve forces of any of the United States armed services, or of the Commonwealth’s militia (National Guard, Naval Militia and Virginia State Defense Force), in accordance with federal and state law. 1. Full-time employees are entitled up to 15 days of military leave with pay during each federal fiscal year (October 1 – September 30) while engaged in active military duty for state or federal funded military training duty or who are called into active duty. Regular monthly drills and annual training are considered training duty. i. A period of work usually totals eight hours per day. For employees who normally do not work equal workdays on five or more days of each calendar week, the term “workday” shall mean 1/260 of the total working hours such employee would be scheduled to work during and an entire federal fiscal year, not taking into account any holiday, annual leave, military leave or other absences. When such employee returns from federally funded military duty and the eight-hour rest period required by the Uniformed Services Employment and Reemployment Rights Act overlaps such employee’s scheduled work shift, the employee shall receive paid military leave to the extent of such overlap. For those employees, military leave will be paid in proportion to the regular work schedule. ii. Employees ordered to active duty, including training duty, for a period not to exceed 30 workdays will remain active under all County benefit plans. iii. Should an employee’s time away from work exceed the maximum 15 days paid leave per federal fiscal year, the following shall apply. a. If the military leave is more than 40 hours without pay, the employee must continue to pay their portion of any insurance premiums, and will not accrue additional flexible or annual leave and sick leave. b. Employees ordered to active duty for more than 30 days, must contact Human Resources to determine the status of their benefits. c. The employee may choose to use accumulated flexible or annual leave or compensatory time (if eligible), but will not be required to do so. The employee must notify his/her immediate supervisor if he/she wishes to be paid this time. iv. The employee’s supervisor is responsible for ensuring that no more than 15 days (120 hours) with pay are granted for approved military leave. 26

a. If the employee chooses to use accumulated flexible or annual leave or compensatory time, the employee’s supervisor is responsible for indicating these hours on the employee’s timesheet and submitting the timesheet to Payroll. b. For employees on military leave for more than 30-days, the supervisor is responsible for completing an Employee Status Sheet placing the employee on Military Leave. c. Upon return of the employee, the supervisor is responsible for completing an Employee Status Sheet returning the employee to active status. 2. Part-time regular employees are granted leave without pay while engaged in active military duty for state or federal funded military training duty or who are called into active duty. Regular monthly drills and annual training are considered training duty. 3. Full-time or part-time regular employees who leave the County to enter full-time military duty with the active armed forces of the United States will be granted unpaid leave. Employees shall be granted military leave without pay for the duty indicated in their military orders that is not covered by military leave with pay, for up to five (5) years. 4. After completion of approved military leave or active military service (for a period up to five (5) years) the employee will be eligible for reinstatement to the same or similar position in accordance with USERRA guidelines (Uniformed Services Employment and Reemployment Rights Act) as long as they: i. Report back to the civilian job in a timely manner or submit a timely application for reemployment a. for periods of military service of up to 30 consecutive days, the employee must report back to work for the first full regularly scheduled work periods on the day following the completion of the period of service and safe transportation home, plus an 8-hour period of rest. If reporting back within this deadline is “impossible or unreasonable” through no fault of the employee, he or she must report back as soon as possible after the expiration of the 8-hour period. b. for periods of service of 31-180 days, the employee must submit a written or verbal application for reemployment with the employer not later than 14 days after the completion of the period of service. If submitting the application within 14 days is impossible or unreasonable through no fault of the employee, he or she must submit the application as soon as possible thereafter. c. for period of service more than 180 days, the employee must submit a written or verbal application for reemployment not later than 90 days after completion of the period of service.

5. The employee is responsible for providing a copy of the orders or other support documentation from a responsible military official as soon as possible after the employee is aware of training dates, active duty dates, etc. If written documentation is not available: i. The employee is responsible for notifying his/her supervisor orally as soon as practical after the employee is aware of training dates, active duty dates, etc. ii. If the military leave is for more than 30-days and orders were not presented prior to the employee leaving, they should be provided as soon as possible upon returning to employment. H.

Required Training Employees may be required or approved by their supervisor to attend job-related training. The training will be considered working time and the employee will be compensated according to Chapter 3, “Compensation and Benefits.” In addition, the County will pay for reasonable training-related expenses.

Educational Leave Employees who choose to pursue a job-related course not required by the County may be reimbursed for their tuition, as described in Chapter 3, section T, “Tuition Reimbursement Program.” Optional coursework is not considered working time and employees will not be paid for their time to attend such courses.

Civil Leave Any regular full-time employee who is summoned to serve on jury duty or summoned or subpoenaed to appear in a court of law will be entitled to civil leave with pay. To receive civil leave, the employee must provide the appropriate supervisor with a copy of the subpoena or summons and must turn over a copy of the jury duty payment check to the payroll office. The employee will keep payment received for jury duty, and payroll will deduct from the employee's gross wages an amount equal to the jury duty payment (excluding reimbursement for travel expenses). If the employee chooses to charge civil duty to flexible or annual leave, he or she need not turn over a copy of the jury duty payment check to payroll and no funds will be deducted from the employee's gross wages. Civil leave may not exceed the time actually spent fulfilling the civil duty. Any additional time off on the same day must be charged to flexible or annual leave, compensatory time (if eligible), or leave without pay. When an employee may need to use civil leave, he or she must notify the appropriate supervisor as soon as possible and complete a leave request form. A copy of the civil leave request must be forwarded to the Department of Human Resources.

Employees who are defendants in a criminal court case or a party in a civil lawsuit may not use civil leave. They must charge the absence to flexible or annual leave, compensatory time (if eligible), or leave without pay. K.

Blood Donor Leave The department director may approve time off with pay during the normal working day for the purpose of donating blood. Any additional time off on the same day must be charged to flexible or annual leave or compensatory time (if eligible), or leave without pay.

Holiday Schedule Roanoke County employees receive eleven (11) holidays per year. For a complete listing of the holiday schedule, please refer to the Human Resources Intranet site. The Board of Supervisors reserves the right to amend the holiday schedule at any time and to increase or decrease the number of holidays observed. For those offices that remain open on designated holidays or do not follow the established holiday schedule, the total number of paid holidays shall not exceed 11 eight-hour working days or 88 hours. Any additional day(s) appointed by the Board of Supervisors will be added to the 88-hour maximum for these offices. Holidays are considered an eight-hour work period that falls on the specified holiday. Employees working in public safety and other departments with special shifts may have holiday hours applied in a different manner not to exceed 88 hours in a year. When a holiday falls on Saturday, the Friday before the holiday will be observed. When a holiday falls on Sunday, the Monday following the holiday will be observed. All regular full-time employees are eligible to take the holiday off and to receive payment at the hourly rate for time off. However, an employee must be on pay status the full workshift (normally eight hours) before and after the holiday to receive holiday pay. Employees who are on leave without pay on the workday immediately before or after a holiday will not be paid for that holiday. Full-time, exempt, and nonexempt employees required by their supervisor to work on a County holiday are paid at the regular hourly rate for the amount of time worked. The employee, with director approval, may choose to either be paid for the holiday or to â&#x20AC;&#x153;bankâ&#x20AC;? the holiday hours for use at a future date. Hours held in the Holiday Bank may accumulate, but may not exceed 24 hours by the last pay period of any fiscal year or when the employee leaves County service.

CHAPTER 5 - ADMINISTRATIVE POLICIES AND EMPLOYEE RESPONSIBILITIES A.

Personnel Files The Department of Human Resources maintains a personnel file for each County employee. Employee records are maintained in accordance with the retention schedule established by the Commonwealth of Virginia State Library for local government records. This file is the official record of all employment with Roanoke County. Files contain personal data, benefit records, performance evaluations, disciplinary actions, training records, and other pertinent information. In keeping with the Privacy Act, personnel files are available for inspection only by the employee and the employeeâ&#x20AC;&#x2122;s supervisor or other authorized supervisor. An employee may review his or her file by contacting the Department of Human Resources for an appointment. A Department of Human Resources representative must be present during a review of a personnel file. Any changes of address, name, telephone number, number of dependents, or other information should be reported to the Department of Human Resources so that personnel records and insurance benefits may be kept up-to-date.

Performance Evaluations Roanoke County is committed to evaluating employee performance and to providing feedback about employee efforts. The performance appraisal is an opportunity to evaluate past performance, set performance goals for the future, and to develop plans for skills learning and career development. Written performance evaluations will be conducted at least once a year for regular fulltime employees, as well as regular part-time employees, and may also be conducted at other intervals determined by the supervisor. These evaluations do not replace day-to-day performance discussions between the employee and the employeeâ&#x20AC;&#x2122;s supervisor. They should instead help the employee set goals, determine dimensions related to those goals, and establish job specific examples that meet those goals. By doing this, the employee will be able to identify his or her job performance level, growth level, and developmental needs. Probationary employees are evaluated during the third month of employment and again 30 days before completing the probationary period. Employees are normally evaluated annually on or about their anniversary date or other dates as defined by the department. The County depends on all employees to deliver efficient, quality services to all County residents. Any non-probationary employee who receives an unsatisfactory performance evaluation will be reevaluated in accordance with a plan of action by the appropriate supervisor. Any employee who receives two or more unsatisfactory annual performance evaluations, not necessarily consecutive, within a three-year period may be subject to

dismissal. As outlined in Chapter 6, “Disciplinary Procedures,” this does not preclude an earlier dismissal. C.

Employee Classification Roanoke County has established a personnel classification plan that is maintained by the Department of Human Resources. Similar positions with like duties and responsibilities are placed in the same job classification and are assigned a pay grade. The Department of Human Resources maintains a description of duties and qualifications for each job classification. It is the responsibility of each department director to review job descriptions for significant changes in job duties and submit requests for changes in classification to the Job Evaluation Team (JET). Recommendations from JET must be approved by the County Administrator.

Promotions A promotion is the selection of an employee from a job in one salary grade for a position in a higher salary grade. To be considered for a promotion, an employee must meet the requirements and qualifications specified in the job description. Job vacancies are posted as described in Chapter 2, “Getting Started.” Whenever possible, current Roanoke County employees who meet minimum qualifications should be given preference in hiring. When an employee is promoted into a new position that employee will serve up to a six-month transitional review period or a period of time determined by departmental needs. During this time, the promoted employee must demonstrate suitability for the position and the ability to perform the essential job functions. The department will do what it can through training and development to ensure successful transition to the new job.

Demotions When an employee has displayed an inability to meet job requirements or to perform the assigned tasks of the position, demotion may result. The employee may be assigned to a position in a lower salary grade, if a position is available and the employee can perform the tasks required for the new position. A voluntary demotion may occur if an employee requests and is granted reassignment in a lower salary grade. All demotions must be approved by the appropriate department director, constitutional officer or other County official after review and concurrence by the Director of Human Resources. The salary of a demoted employee may be set at any point within the range established for the new position. If the demoted employee’s current salary is above the maximum rate established for the new position, the employee’s salary will be reduced. The new salary will be based upon the recommendation of the department director, constitutional officer or other official, and approved by the Director of Human Resources.

Position Reclassification The County may make changes in the classification system and adjust an employee’s salary if essential job functions increase or decrease to the extent that a different classification is appropriate. The County may make minor changes in the job description or title without affecting the position classification. Department directors may request a position reclassification at any time. The request must be submitted through the Job Evaluation Team and must be approved by the County Administrator. A position reclassification may occur in an existing position because of significant increases or decreases in essential job functions and responsibilities. Where a position reclassification results from changes in essential job functions and responsibilities and the incumbent fills the reclassified position, the County’s application process does not apply. The employee whose position is reclassified may receive an appropriate increase in salary according to the Roanoke County Pay Philosophy, which includes maintenance of market competitiveness and the County’s ability and/or willingness to pay. The salary for an employee whose position is reclassified downward may remain the same. However, if the employee’s present salary is left above the maximum salary of the new, lower grade, the employee will not be eligible to receive merit or performance-based salary increases.

Position Establishment and Abolishment The County may establish or abolish positions in the Classification Plan according to its needs. If a new position is established, it will be posted and applications for employment will be accepted according to the County’s application process, as outlined in Chapter 2, “Getting Started”. If a position is abolished, or when there are significant changes to the position requirements whereby the incumbent does not qualify for the revised responsibilities, or when the resulting reclassification is such that the incumbent is not reasonably considered a candidate for the new position, the County will assist the affected employee(s) with career transitional services.

Other Classification Adjustments The County may make changes at any time in the classification system and adjust employees’ salaries based on periodic marketplace conditions or salary surveys. Adjustments may occur within identified groups, classes of positions, or system-wide.

The reassignment of a position or positions at any time in the Classification Plan as a result of periodic marketplace or salary surveys is wholly separate from the reclassification process. The County Administrator defines the method by which positions are reassigned and employees’ salaries are adjusted.

Reduction In Force (RIF) a) Definition - A Reduction in Force is a reduction in the workforce of the County, or any of its departments or programs, caused by adverse economic conditions, reorganization by management, lack of sufficient work, or a decision by management to decrease services. A RIF can be County wide or within a specific department or program. The County Administrator has the right and obligation to manage the workforce in the best interest of the County and may require implementation of the Reduction in Force. The following shall serve as the general procedure for a reduction in force. The County Administrator will ultimately decide if a RIF is necessary. If requested to review a department for a possible RIF, the Department Director, in consultation with the County Administrator and Human Resources, will have the responsibility for the identification of specific functional areas of a department, job classifications, positions, and the individual employee(s) to be affected. b) RIF Criteria If a RIF occurs within a job classification in a department where more than one employee is in a position, the Department Director will use the following criteria to determine which employees are retained. 1.

Probationary employees – If two or more employees are in the same classification in a department or program identified for a RIF and one of them is a probationary employee, the probationary employee shall be reduced when feasible, unless the success of the program or department depends upon the specific skill set of the probationary employee (skills set is defined below). If two or more probationary employees are in a job classification identified for a RIF, the criteria set forth for non-probationary employees shall be used to identify the probationary employee(s) to be reduced.

Non-Probationary Employees- If a position is identified for a RIF and two or more non-probationary employees are in the same classification, the following criteria will be used to determine which employee(s) will be retained. i.

Skill Set - Skill set is defined as an assessment of qualifications and experience including any or all of the following: •

Specific qualifications and experience to perform the duties of a position that will be retained.

•

General qualifications and experience beneficial to the future achievement of department goals and objectives.

•

Demonstrated performance on specific, related tasks required by the position to be retained.

ii.

General Performance History - Performance history as documented by annual performance evaluations.

iii.

Length of Service – Length of service is defined as the continuous full time tenure the employee has with the County.

iv.

Time in Job – Time in job is defined as the length of time the employee has been in the current position within the department.

c) The department director shall determine if the reduction of temporary and/or part time employees serves to adjust staffing levels to avoid a reduction in force to full time employees. There is no requirement that part time employees are eliminated first as in some instances part time and temporary employees are necessary to ensure needed flexibility in service delivery. d) The recall process is provided in accordance with the guidelines set forth in HR Management Policy & Procedures. e) Benefits: The employee affected by a reduction in force will not accumulate flexible or annual or sick leave since he or she will not be receiving pay. If two pay periods or less, the employee will have the option to be paid for accumulated leave or to keep the balance as a credit. Sick leave and comp time will remain as a credit. The employee must continue to pay the employee’s share of the premium for health and/or dental insurance coverage(s) to continue. Beyond two pay periods, the employee will be paid for any of the unused balance of flexible or annual leave, comp time and sick leave as a lump sum payment. The sick leave will be paid as described in the Sick Leave Bonus section. This employee will be offered the option of continued health and/or dental insurance coverage through COBRA. Virginia Retirement System benefits will cease. J.

Termination of Service Those terminating their employment with the County are required to give a minimum of two-weeks written notice to the appropriate supervisor and a copy of the notice to the Director of Human Resources. This notice enables the supervisor to make arrangements for a replacement and provides for work continuity. The employee should also contact the Department of Human Resources to schedule an appointment for the exit process. By mutual consent, the supervisor and the terminating employee may waive or modify the two-weeks written notice. Employees leaving County service must return all County property in their possession to the appropriate department. This includes items such as manuals, identification cards, books, badges, keys, uniforms and tools. The employee will not receive payment for accumulated flexible or annual or sick leave until all County property is returned and any debt to the County is settled. The Department of Human Resources conducts exit interviews with regular full-time employees leaving County service. The purpose of the interview is to gather information 34

that may help reduce turnover, improve working conditions and increase efficiency. The representative from the Department of Human Resources will also make provisions for mailing W-2 forms, leave reimbursement, and other vital information. Exit interview results are kept confidential. K.

Continuous Service If an employee should terminate in good standing and return to County employment within 90 days of the date of termination, the employee will retain seniority and shall be given credit for previous service for the purposes of accruing flexible leave. Individuals wishing to return to their previous positions with the County should complete an Application for Employment form described in Chapter 2, section A, “Application Process.”

Anniversary Dates If employed in a regular position on or after October 1, 1986, the anniversary date is the date of employment and will not change. For persons employed before October 1, 1986, the anniversary date is the date already in effect on October 1, 1986 and that date also will not change.

Travel Reimbursement Employees required to travel for County business will be reimbursed for work-related travel expenses. All travel is subject to prior approval by the appropriate supervisor. Reimbursement will only be approved after submitting all eligible travel expenditure receipts. Ineligible expenses include but are not limited to the following: purchasing alcoholic beverages, personal recreation-related expenses, and in-room hotel “pay-forview” movies. Employees who use their personal vehicle for County business are also eligible to receive mileage reimbursement. Reimbursement is paid at the current per-mile amount. For further information, refer to the County Travel Policy on file in the Department of Finance or on the Department of Finance Intranet site.

Safety Safety on the job is crucial. It is the responsibility of all County employees to observe the safety rules established for their positions. Department directors and supervisors shall be held responsible for providing the training of employees in the proper use of any required machinery, equipment, tools, and personal protective equipment and will also be responsible for documenting such training. Employees will be expected to participate in and complete training as to the proper use of any required machinery, equipment, or tools. They will also be trained and expected to use the proper personal protective equipment that is required for their job. Employees who use a County vehicle shall be expected to follow the established County and State safety procedures and traffic laws. 35

Any questions that any employee may have about these safety procedures or laws should be promptly addressed to the employee’s supervisor. Failure to follow established safety rules or improper use of protective equipment will be considered a violation of conduct standards and appropriate disciplinary action will follow. An employee who finds any apparent defect in County equipment must report it to the appropriate supervisor as soon as possible, preferably before beginning the shift. Any accident involving County equipment must also be reported immediately to the appropriate supervisor regardless of the cause. O.

Use of County Vehicles Employees are responsible for the proper care and maintenance of County-owned vehicles used in their work. Those who will operate County vehicles must at all times possess a valid Virginia driver’s license and must have and maintain a satisfactory driving record. In addition, employees who will be driving vehicles meeting DOT requirements must possess the appropriate Commercial Driver’s License (CDL). Employees holding a CDL will be subject to drug/alcohol testing as required under the federal Omnibus Transportation Employee Testing Act of 1991, which is further discussed in section S, “Drug Free Working Environment” in this chapter. The County requires a current Department of Motor Vehicles (DMV) record from new employees and at the time any employee is transferred, promoted, or reassigned to a position that requires driving a County vehicle. The revocation or suspension of an employee’s driver’s license or any driving restrictions must be reported to the appropriate supervisor. The existence of a revocation, suspension, or driving restriction, or the failure to promptly notify the supervisor of its existence, may be sufficient grounds for demotion or dismissal. Established County and State safety procedures must be followed while using County vehicles. Vehicles may be assigned to an employee either on a take home basis from a pool of vehicles or on a task basis. County vehicles are not for personal use except for commuting to work when authorized. Use of Police Department and Sheriff’s Department vehicles is governed by the Take Home Vehicle Policy of those departments. If an employee is involved in an accident with a County-owned vehicle, the appropriate supervisor must be notified of the accident immediately. An investigation of all accidents must be conducted by law enforcement personnel. A Vehicle Accident form must also be completed and submitted to the Risk Manager within 24 hours of the accident or by the next workday. The County Vehicle Accident Review Committee and Risk Manager review all accidents. Employees involved in an accident while driving their personal vehicles on County business must notify the appropriate supervisor.

Severe Weather Policy Employees are responsible for reporting to work on time. When weather conditions cause transportation or reporting to work problems, the employee must contact the appropriate supervisor. If the supervisor decides the employee is not required to report to work, the supervisor may let the employee take leave or compensatory time (if eligible) or leave without pay as appropriate. An employee who fails to make a reasonable effort to get authorization for an absence may be subject to disciplinary action. Department management will inform employees who may be required to remain at work or report to work when such weather conditions occur according to departmental reporting guidelines. In severe weather conditions, County offices and services that do not provide emergency services (Fire & Rescue, Police and Sheriff Departments) may be closed by the County Administrator. When this occurs, every attempt will be made to notify employees through their supervisor, county communication media, i.e., county website county phone information line or the local media. All other employees who are not required to work during authorized closings can elect to use flexible or annual leave, compensatory time (if eligible), or leave without pay. Upon the discretion of the departmental management and within Federal Fair Labor Standards Act, employees may be permitted to make up lost hours due to the closing.

Immediate Family Members within a Department (Nepotism) It is the policy of the County not to place immediate family members in a supervisorsubordinate relationship within the same department. This includes regular full-time, part-time, probationary, seasonal, and temporary employees. The immediate family includes: spouse, children, brothers, sisters, parents, and grandparents of the employee and/or the spouse.

Smoking Policy The County is concerned about the health and welfare of its employees and is responsible for providing a work environment that does not present a health or safety hazard to employees or County citizens. Therefore, smoking is prohibited in County-owned (including leased space) buildings and facilities, except in designated areas, and in all County owned vehicles. Employees who violate the Smoking Policy could be subject to a reprimand. See your supervisor if you have any questions.

Drug Free Working Environment The County of Roanoke is committed to providing a drug-free working environment for all employees. The unlawful manufacture, distribution, dispensing, possession, or use of alcohol or a controlled substance by an employee is prohibited in the workplace and is cause for immediate dismissal. No employee shall distribute, dispense, possess, use, or be under the influence of any alcoholic beverage or other intoxicating substances. 37

The County is mandated to perform drug/alcohol testing for employees covered under the Omnibus Transportation Employee Testing Act of 1991, specifically those employees who are required to have a commercial driver’s license (CDL) and who perform safetysensitive functions for Roanoke County. Requirements include pre-employment, random, reasonable cause, return to duty, and follow-up tests (following a positive test result). Employees who must be tested will be provided written information on testing requirements and an opportunity to ask questions at the time of employment. The Office of Risk Management has the responsibility for all drug/alcohol testing of CDL holders. Employees taking prescription drugs issued by a licensed physician or over-the-counter drugs are responsible for knowing how the drugs will affect his/her job performance, reporting the use of such substances to his/her supervisor, and obtaining Roanoke County’s authorization to use such drugs while working. Please consult your supervisor if you have any questions or concerns about the County’s policy on drugs or alcohol in the workplace. The County intends to fully comply with the requirements of the Drug-Free Workplace Act, the Drug-Free Schools and Community Act, and the Omnibus Transportation Employee Testing Act of 1991. Questions on drug/alcohol testing for CDL holders should be directed to your supervisor and the Office of Risk Management. The Department of Human Resources will provide technical assistance in this area upon request. This policy is intended to cover all employees of the County if it is determined that “reasonable cause” exists for drug/alcohol testing and it is necessary to ascertain an employee’s fitness for duty. The County has contracted with an Employee Assistance Program to provide confidential assistance to employees and their families who suffer from a wide variety of problems. (See Chapter 3, section Q, “Employee Assistance Program”). You are encouraged to contact the EAP counselor if you are experiencing problems with alcohol or drug abuse. All conversations with the counselor will be held strictly confidential unless you request otherwise. T.

Electronic Media Usage Policy This policy governs the use of e-mail, the Internet/Intranet, telephones, and any other electronic device provided by the County and used by an employee in the furtherance of County business. It is the responsibility of the department director to ensure compliance with the policy. Employees are responsible for the proper use of electronic equipment, software, data, log-on IDs, and passwords. Log-on IDs and passwords assigned to individual employees are to be held strictly confidential and are not to be divulged to other employees nor to individuals not in the employ of the County unless specifically directed by a supervisor. Unauthorized access and use of computers, software, and data is strictly prohibited.

When using the Internet or fax machines, employees are directed not to send materials of a sensitive nature or which constitute the confidential information of Roanoke County unless the information is appropriately encrypted to prevent access or interception by unauthorized third parties. Employees are expected to treat all electronic and verbal communications, particularly of a confidential nature, the same as written materials. Employees who use these communication systems for sending any message that damages the Countyâ&#x20AC;&#x2122;s reputation may be subject to appropriate disciplinary action, up to and including dismissal. All electronic communication systems and all communications and stored information transmitted, received, or contained in the Countyâ&#x20AC;&#x2122;s information systems are the property of the County and as such are to be used solely for job-related purposes. One should not expect that any communications made through the County system are private. The County retains the right and maintains the obligation as the owner of computer, software, and data to access, review, and use such for County business and to gather information as deemed necessary to conduct investigations or to assist in legal investigations of individuals or incidents at any time and without prior notice. Use of County telephone, voice mail, and computer systems constitutes acceptance of such monitoring. Roanoke County policies against sexual or other harassment apply fully to the email, computer, Internet/Intranet, and voice mail systems, and any violation of those policies is grounds for discipline up to and including dismissal. Therefore, no messages should be created, sent, or received if they contain intimidating, hostile, or offensive material concerning race, color, religion, sex, age, national origin, disability or any other classification protected by law. Limited personal use of the Internet is acceptable but should not adversely affect employee productivity. Roanoke County is not responsible for material viewed or downloaded by users from the Internet; the intentional use of County time or property to download music protected by copyright or to view or download pornography is prohibited. The Internet is a worldwide network of computers that contains billions of pages of information. Users are cautioned that many of these pages include offensive, sexually explicit and inappropriate material. In general, it is difficult to avoid at least some contact with this material while using the Internet. Users accessing the Internet do so at their own risk. Employees may not use the County's Internet connection to download games or other entertainment software, or to play games over the Internet. Also, employees are responsible for complying with copyright law and applicable licenses that may apply to software, files, graphics, documents, messages and other material available to download or copy. U.

Conflict of Interest In keeping with the Conflict of Interest Act, Chapter 40.1 of Title 2.1 of the Code of Virginia, County employees are prohibited from using information they have gained 39

while performing their job to further their personal interests. Some County employees may be required to file a statement of their interests (i.e. investments) as prescribed by County ordinances or State law. Those who are uncertain whether their interests may present a conflict with their position as a County employee should contact the Roanoke County Commonwealth’s Attorney. Violation of the Conflict of Interest Act could result in disciplinary action as described in Chapter 6, “Disciplinary Procedures.” V.

Confidentiality of Records Many County employees will work in positions where confidential information concerning the plans and affairs of the County, their department, or other employees will be handled. Employees shall not discuss such plans or records with persons not authorized to have access to this information. If an employee is uncertain about releasing information, he or she should refer the individual requesting the information to the appropriate department director, constitutional officer, or other County official. An employee who releases confidential information could receive disciplinary action as described in Chapter 6, “Disciplinary Procedures.”

Gifts County employees are in a position of public trust and may not accept gifts, gratuities, favors, or rewards for any services they perform in connection with County employment. In addition, it is unlawful to solicit, offer, or accept money or anything of value in exchange for an appointment, promotion or special privileges with the County. These limitations are not intended to prevent employees from accepting articles of little value that may be distributed by other County employees or citizens. Violation of this policy could result in disciplinary action as described in Chapter 6, “Disciplinary Procedures.”

Secondary Employment Although employees are allowed to have secondary employment outside the County, it must not interfere with work performance in the County position or create a conflict with responsibilities to the County. Any non-County employment--including selfemployment--must be pre-approved. The employee must complete the Outside Employment Approval form, available in the Department of Human Resources, before accepting the second job. This form must then be submitted to the appropriate department director, constitutional officer or other County official for approval. Once approved, the form will be forwarded to the Department of Human Resources and maintained in the employee’s personnel file. If the authority that approved the outside work or the Director of Human Resources determines that the second position interferes with the employee’s

job performance or creates a conflict of interest, the employee must end the secondary employment or resign his or her position with the County. Failure to complete the Outside Employment Approval form could result in disciplinary action as described in Chapter 6, “Disciplinary Procedures.” Y.

Political Activity Employees shall serve all County residents equally, regardless of residents’ political opinions or affiliations. In no way shall the amount or quality of service an individual receives from the County be affected by the resident’s political opinions or affiliation. Secondly, the appointment, retention, or promotion of a County employee shall in no way be influenced by the employee’s political affiliation, preference, opinions, or activities. While on County time or County property, employees may not campaign for themselves, for other persons, parties or organizations; and they may not display campaign posters, solicit campaign funds or circulate candidacy petitions. Violation of this policy could result in disciplinary action as described in Chapter 6, “Disciplinary Procedures.”

Conduct and Appearance Employees represent the County government to the public and must conduct themselves at all times as representatives of Roanoke County. This is especially important for those required to be in uniform or to operate County vehicles since they are more visible to the public. In addition, as a general standard, the County expects employees to be neat, show good taste in dress, and to maintain a neat work area. Departments may have specific dress code policies. Violation of this policy could result in disciplinary action as described in Chapter 6, “Disciplinary Procedures.”

AA.

Personal Use of County Time and Equipment The County provides telephones for employees who need them to conduct County business. Personal calls should be limited. They should not be made or received when they will interrupt or interfere with the employee’s work or interfere with the use of the telephone for County business. Fax machines, personal computers, copiers, and other County equipment should be used for County business. Unauthorized removal of County equipment or property from the premises or the unauthorized use of County equipment or property for personal reasons is prohibited. Employees will report to work as scheduled and make every effort to use time wisely for completing assigned duties. Using County time for personal reasons is not allowed. It is considered time theft and will be grounds for disciplinary action. (An example of time 41

theft might be having another employee type personal correspondence.) Prolonged or repeated “visits” between employees while working interferes with the on-going work effort and is also considered time theft. Violation of this policy could result in disciplinary action as described in Chapter 6, “Disciplinary Procedures.” BB.

Solicitation County employees are not permitted to sell items for personal gain to other employees or members of the general public during regular office or work hours. Other forms of solicitation shall not be permitted in any County buildings, except as provided by County building use regulations or by those individuals or organizations approved by or sponsored by the Board of Supervisors. Violation of this policy could result in disciplinary action as described in Chapter 6, “Disciplinary Procedures.”

CHAPTER 6 - DISCIPLINARY PROCEDURES A.

Conduct Standards Upon accepting a position with the County, employees are expected to apply themselves efficiently to their assigned duties, to be timely and regular in attendance, and to maintain satisfactory work performance. Failure to meet these standards will normally result in disciplinary action. It is not possible to list every conceivable form of misconduct. Therefore, the conduct standards listed in this chapter are illustrative. Other forms of misconduct or nonperformance not listed here will be treated consistently within the guidelines described in this chapter. Although the County attempts to offer corrective action whenever possible, immediate dismissal may result where employee behavior undermines public confidence in the County’s mission or from situations where the County believes corrective action is inappropriate. The County does not intend for this handbook to alter the at-will nature of its relationship with employees. Instead, this handbook is intended to provide employees with a general understanding of what can be expected from a violation of certain policies and/or procedures.

Counseling Counseling is intended to be an informal discussion between supervisor and employee relating to work performance or behavior problems which, if not corrected, could lead to disciplinary action. It is not, however, a prerequisite for taking disciplinary action. Through the counseling session, the employee, the immediate supervisor and/or other appropriate supervisor should determine how the employee can improve his or her performance or correct behavior problems.

Disciplinary Action Disciplinary action will normally fall into one of four categories: reprimands, suspensions, demotions, or dismissals. The employee’s supervisor issues disciplinary action based on the conduct violation or unsatisfactory job performance. To explain the consequences of misconduct and to maintain uniform standards of discipline throughout the County, illustrative examples are given for each form of disciplinary action. 1.

Reprimands There are two types of reprimands, verbal and written. Reprimands are normally issued for violations that include but are not limited to the following: •

unsatisfactory attendance 43

• • • • • • • •

abuse of flexible or sick leave (see Chapter 4, section B, “Sick Leave”) abuse of County time, such as unauthorized time away from the work area or the use of County time to perform personal work offensive language conviction of a traffic violation while using a County vehicle failure to abide by the established safety belt policy failure to abide by the established smoking policy unsatisfactory job performance unauthorized use of computers, software or data, or unauthorized disclosure of access methods or passwords when data has not been modified.

Verbal Reprimands Before receiving a verbal reprimand, the employee will be allowed to provide an explanation for misconduct or poor job performance. If a reprimand is still to be issued, the supervisor must then advise the employee that a verbal reprimand is being issued and discuss with the employee the unacceptable conduct, including a recommendation for correcting the behavior. The employee will also be advised that any further misconduct could result in a written reprimand. Depending upon the seriousness, nature, and type of misconduct, other disciplinary action may be issued instead. Supervisors and employees are encouraged to keep an informal record of any verbal reprimand or counseling sessions that may take place since these are not formally documented in the employee’s personnel file.

Written Reprimands Misconduct that takes place within 24 months of a verbal reprimand will normally result in the employee receiving a written reprimand. Before receiving a written reprimand, the employee will be allowed to provide an explanation for misconduct or poor job performance. If a reprimand is still to be issued, the supervisor must then advise the employee that a written reprimand will be issued indicating the nature of the misconduct (i.e. “unsatisfactory attendance”). A copy of the written reprimand is given to the employee, the supervisor retains a copy, and a copy is placed in the employee’s personnel file. Written reprimands remain active for 24 months; during this time they can be considered by management as grounds for further disciplinary action. At the end of the active period, written reprimands become inactive; they are removed from the employee’s personnel file and retained only for archival purposes by the Department of Human Resources. If a copy of the written reprimand is maintained in the employee’s department, it shall be destroyed when it becomes inactive.

Suspensions Suspensions are normally issued for more serious violations, which include but are not limited to the following: • • • • • • • • •

failure to follow a supervisor’s instructions or to perform assigned work failure to abide by safety regulations failure to abide by established County and/or departmental policies reporting to work or working under the influence of alcohol or illegal substances (some departments may have a separate policy, with approval by the Department of Human Resources) leaving the workplace without permission during working hours unexcused absences unauthorized use or misuse of County property or records sleeping during working hours receipt of a second active written reprimand.

Suspensions are normally issued for no more than five working days without pay, as specified by the supervisor. Before receiving a suspension, the employee will be allowed to provide an explanation for misconduct or poor job performance. If a suspension is still to be issued, the supervisor must then advise the employee that a suspension will be issued indicating the nature of the misconduct (i.e. “failure to follow a supervisor’s instructions”). A copy of the written suspension notice is given to the employee, the supervisor retains a copy and a copy is placed in the employee’s personnel file. Suspension notices remain active for 36 months. At the end of the active period, suspensions become inactive. They are removed from the employee’s personnel file and retained only for archival purposes by the Department of Human Resources. If a copy of the suspension notice is maintained in the employee’s department, it shall be destroyed when it becomes inactive. Depending upon the circumstances and severity of the offense and pending investigation period, a suspension without pay may be issued for up to 30 calendar days with the approval of the Director of Human Resources. 3.

Demotions A demotion may be based on performance if the employee has displayed an inability to meet essential job functions. The employee may be assigned to a position in a lower salary grade, provided the employee can perform the essential job functions and a position is available. Refer to Chapter 5, section E, “E. Demotions,” for further information.

Dismissals Dismissals normally occur for violations that include but are not limited to the following: • • • • • • • • • • • • • • •

deliberate disregard for a specific order or directive absence for two consecutive working days without notifying the appropriate supervisor use of alcohol while on the job use, possession, or sale of unlawfully possessed controlled substances while on the job willfully falsifying or damaging County records or property theft, unauthorized removal, or unauthorized disclosure of County records, information or property gambling while at the worksite willfully violating safety rules where there is a threat to life or health participating in a work slowdown, sit-down, or strike unauthorized use or unauthorized possession of firearms, dangerous weapons, or explosives threatening or harassing other employees or a member of the public accepting or offering bribes criminal conviction for conduct occurring on or off the worksite that is related to job performance or could affect public confidence in the employee’s ability to perform County business the second active suspension notice or the third active written reprimand any act that is physically or verbally threatening, or any action that may carry the potential to harm or endanger the safety of others, to result in an act of aggression or to destroy or damage property

The appropriate supervisor will notify the employee verbally or in writing that a dismissal notice is being issued (see section I, “Employee’s Right to Notice” in this chapter). A copy of the dismissal notice is given to the employee, the supervisor retains a copy, and a copy is placed in the employee’s personnel file. Dismissals may also be issued when the employee does not meet performance or conduct standards or the conditions of employment for the position. This may include: unsatisfactory job performance documented by two unsatisfactory annual performance evaluations in a three-year period, failure to maintain valid licenses or other necessary job qualifications, and inability to perform essential job functions.

Other Suspensions An employee may be suspended without pay during an investigation of alleged misconduct led by appropriate County officials. Further, any employee who is arrested for or charged with committing a felony, a crime of moral turpitude (crimes contrary to justice, honesty or good morals), or any offense that could directly affect public confidence in the employee’s ability to perform County business will normally be suspended without pay. During suspension without pay, if the employee wishes to continue insurance coverage, he or she must pay the employee’s share of the premium(s). The County will continue to pay the employer’s share of the premium(s). Contact the Department of Human Resources for more information on premium payments. If the County investigation clears the employee of all alleged misconduct, the employee will be reinstated without loss of any benefits, pay, or County service time. Where warranted, the County may impose disciplinary action, including dismissal, upon completion of the investigation of alleged misconduct. Before any suspension discussed in this section goes into effect, the employee will be notified verbally or in writing of the reasons for the suspension (see section I, “Employee’s Right to Notice,” in this chapter). The employee will also be allowed to offer an explanation for why the suspension should be with pay. After consulting with the Department of Human Resources and only in exceptional circumstances, a constitutional officer, department director, or other appropriate County official may approve a suspension with pay for an employee who is the subject of an investigation. The use of this procedure shall not limit the disciplinary action that may be taken against the employee as a result of the outcome of the investigation.

Grievance Procedure Non-probationary full-time employees and regular part-time employees are entitled to use the County Grievance Procedure for any matters relating to these conduct policies. Probationary employees are not entitled to use the Grievance Procedure unless they allege discrimination based on race, color, religion, age, sex, political affiliation, disability, veteran status or national origin. (See Chapter 7, “Grievance Procedure,” for more information.)

Rebuttal Statement The employee may place a statement in his or her personnel file explaining situations that led to a disciplinary notice. This statement does not take the place of the informal discussion step in the Grievance Procedure (see Chapter 7, “Grievance Procedure”).

Procedural Guarantees Employees who serve in the Police Department in a sworn law enforcement capacity, firefighters, and emergency medical technicians are eligible for certain procedural guarantees provided by the Code of Virginia. For the Police Department, the procedural guarantees apply to any sworn officer, other than the Chief of Police, who “in his official capacity, is authorized by law to make arrests and who is a non-probationary member” of the Police Department. These procedural guarantees provide an alternative to the County Grievance Procedure and can be found in Chapter 10.1 of Title 2.1 of the Code of Virginia Sections 2.1-116.1 through 116.9. For the Fire and Rescue Department, these procedural guarantees apply whenever an officer, a firefighter, or an emergency medical technician is subjected to an interrogation that could lead to dismissal, demotion, suspension, or transfer for punitive reasons. These procedural guarantees can be found in Chapter 10.1:1 of Title 2.1 of the Code of Virginia, 1950, as amended, Sections 2. 1-116.9:1 through 2.1-116.9:5.

Investigations The County may conduct investigations and/or tests, including drug and alcohol testing, as part of its investigation of unacceptable conduct. These investigations and/or tests will follow accepted administrative policies and current laws. After consulting with the Department of Human Resources and the Office of the County Attorney, the appropriate department director, constitutional officer, or higher County official may recommend an investigation and/or testing. All departmental policies and guidelines on drug and alcohol testing must be reviewed by the County Attorney and Director of Human Resources and are then approved by the County Administrator. These policies and procedures should include provisions regulating selection of employees for testing, custody of test samples, qualifications of testing facilities, opportunities for second tests, security and communication of test results, and the range of consequences or alternatives for positive test results. They will also designate the methods that will be used to inform all departmental employees of the provisions. Any drug or alcohol testing conducted on a random basis or to comply with federal or State mandates, including those required for holders of a Commercial Driver’s License (CDL), shall be performed following those approved policies and guidelines.

Employee’s Right to Notice Before any dismissal, demotion, transfer instead of dismissal, suspension or receipts of a written reprimand, the employee shall be given verbal or written notice of the offense by the appropriate supervisor, department director, constitutional officer, or other County official. Further, the employee shall have the right to offer an explanation and/or contest

the decision. The supervisor should consult with the department director and/or Department of Human Resources before issuing suspensions and dismissals. J.

Workplace Violence Policy Roanoke County provides a safe workplace for all employees. The County will not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. Any instances of violence, or potentially dangerous situations, must be reported immediately to an immediate supervisor and/or the Human Resources Department. The County will promptly respond to any incident or suggestion of violence. All complaints will be fully investigated.

Harassment Policy Roanoke County is committed to a work environment in which all individuals are treated with dignity and respect. Each employee has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment based on race, color, religion, age, sex, national origin, disability, status as a veteran, or any other protected status. Therefore, Roanoke County expects that all relationships among persons in the workplace will be business-like and free of bias, prejudice, discrimination, and harassment. Offensive or harassing behavior against any employee will not be tolerated. Supervisory or managerial personnel are responsible for taking proper action to end such behavior in their workplace.

Sexual Harassment The County has an obligation to maintain a place of employment that is free of harassing, abusive, or disruptive conduct. Sexual harassment constitutes discrimination, is illegal under federal and state laws and county policy, and will not be tolerated. The County is committed to taking positive corrective action where the need arises. 1.

Definition Sexual harassment is unwanted sexual attention of a persistent or offensive nature made by a person who knows, or reasonably should know, that such attention is unwanted. Sexual harassment includes sexually oriented conduct that is sufficiently pervasive or severe to unreasonably interfere with an employeeâ&#x20AC;&#x2122;s job performance or create an intimidating, hostile, or offensive working environment. This may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. While sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include: â&#x20AC;˘

sexual jokes and innuendo 49

• • • • • • • • • •

sexual commentary about an individual's body, sexual prowess, or sexual deficiencies display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail) insulting or obscene comments or gestures verbal harassment or abuse ongoing, subtle pressure for sexual activity engaging in sexually suggestive physical contact or touching another employee in a way that is unwelcome making sexual or romantic advances toward an employee and persisting despite the employee’s rejection of the advances requesting sexual favors accompanied by implied or overt threats concerning an individual’s employment status or promise of preferential treatment for an individual’s employment status actions or activities--even though frivolously intended--that express employment preferences motivated by sexually oriented concerns the promotion or condoning of a hostile, sexually harassing environment

Sex-based harassment, that is, harassment not involving sexual activity or language (e.g., male manager yells only at female employees and not males) may also constitute discrimination if it is severe or pervasive and directed at employees because of their sex. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when any of the following occur: • • •

submission to such conduct is made either directly or indirectly a term or condition of employment submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual such conduct has a purpose or effect of substantially interfering with an individual’s work performance or of creating an intimidating, hostile or offensive work environment

Statement of Action Individuals who experience sexual harassment must notify the violator directly or indirectly that such behavior is offensive and if repeated will be reported to the appropriate supervisor. The County strongly urges the reporting of all incidents of discrimination, harassment, or retaliation, regardless of the offender's identity or position. Individuals who believe they have experienced conduct that they believe is contrary to Roanoke County’s Sexual Harassment Policy or who have concerns about such matters should file their complaints with their immediate supervisor, the Director of Human Resources, or any member of the Human Resources Department before the conduct becomes severe or pervasive. 50

Individuals should not feel obligated to file their complaints with their immediate supervisor first before bringing the matter to the attention of one of the other County designated representatives identified above. Violation or misapplication of this policy may result in disciplinary action, including dismissal. The Countyâ&#x20AC;&#x2122;s commitment to eliminating sexual harassment from the workplace should not be viewed as an opportunity for employees to intentionally make unfounded, frivolous or vindictive actions that violate the intent of this policy. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued. In dealing with complaints of sexual harassment, the County will follow due process and the rights of all parties will be protected. All formal complaints of sexual harassment shall be investigated following the formal investigative procedures developed or approved by the Director of Human Resources. The Sexual Harassment Investigative Procedure is on file in the Department of Human Resources. M.

Retaliation or Acts of Reprisal for Filing a Grievance Roanoke County prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Non-probationary full-time employees and regular part-time employees are eligible to file grievances, following the provisions and exclusions described in Chapter 7. Those who believe they have been retaliated against for filing a grievance may use the Grievance Procedure described in Chapter 7 or may choose to follow the policy described below. 1.

Definition Retaliation or acts of reprisal for filing a grievance may include but are not limited to: disciplinary action, demotion, suspension, dismissal or other adverse job action taken against an employee who files a grievance. Retaliation or acts of reprisal may also include harassment, unfavorable work conditions, work assignments that are not directly related to essential County business, and implied or overt threats concerning an individualâ&#x20AC;&#x2122;s employment status.

Statement of Action The employee must report any retaliation or reprisal to the appropriate supervisor, the County Attorney, the Director of Human Resources, or the County

Administrator. The appropriate supervisor or official must immediately deal with any known act of retaliation or reprisal against an employee for filing a grievance. Violation or misapplication of this policy may result in disciplinary action, including dismissal. The Countyâ&#x20AC;&#x2122;s commitment to eliminate workplace retaliation or acts of reprisal for filing a grievance should not be viewed as an opportunity for employees to intentionally make unfounded, frivolous, or vindictive claims that violate the intent of this policy. In dealing with complaints of retaliation or acts of reprisal for filing a grievance, the County will observe due process and the rights of all parties will be protected.

CHAPTER 7 - GRIEVANCE PROCEDURE A.

Purpose Generally, the majority of employee/employer problems can be settled to the satisfaction of both through informal discussion between the employee and the supervisor. If not, the Grievance Procedure described in section H of this chapter, may be used. This procedure provides an immediate and fair method for the resolution of disputes and complaints that arise out of the employee/employer relationship. The purpose of this procedure is as follows: • • • •

To provide employees a method for having complaints considered rapidly, fairly and without fear of reprisal To encourage employees to express themselves about work conditions that affect them as employees To assure employees that personnel actions will follow fair and uniform policies and procedures To develop in supervisors a greater sense of responsibility in dealing with employees

Any supervisor or other management official who makes a reprisal against an employee for filing a grievance may be subject to strict disciplinary action, including demotion and dismissal. B.

Coverage of Personnel The following personnel may use the Grievance Procedure: • • • •

non-probationary, full-time Roanoke County Department of Social Services employees non-probationary, full-time employees of constitutional officers who have chosen to have their offices participate in the County’s grievance procedure all other non-probationary, full-time employees part-time employees who have worked for the County at least six consecutive months.

The following County employees are not allowed to use the Grievance Procedure: • • • • • • •

Board-appointed officers elected officers the County Administrator the County Attorney chief deputies of constitutional officers chief financial officer assistant county administrators 53

• • •

department directors probationary, temporary, limited term, and seasonal employees law enforcement officers who choose to file a grievance under the statutory grievance procedure for law enforcement personnel

Probationary, temporary, limited term, and seasonal employees may file a grievance if the complaint involves a charge of discrimination. Assistant county administrators and department directors may file grievances regarding disciplinary actions limited to dismissals. The County Administrator will determine which positions are exempt from coverage under this procedure and will maintain an up-to-date list of all exempt positions. C.

Management Rights The County has management rights, or the authority to arrange its human and material resources in order to provide efficient and effective services to County residents. Nothing in the Grievance Procedure is intended to restrict or change the following management rights, so long as they are not exercised in an arbitrary and/or capricious manner: • • • • •

To direct the work of employees as well as establish and revise wages, salaries, position classifications and general employee benefits To hire, promote, transfer, assign, retain, or dismiss employees To maintain the efficiency of County governmental operations To relieve employees from duties in emergencies To determine the methods, means, and personnel to accomplish operations

Using the Grievance Procedure 1.

Definitions A grievance is a complaint or dispute by an employee relating to his or her employment; a grievant is an employee who files a grievance. An employee has the right to use the Grievance Procedure for any matter he or she believes needs to be formally addressed. However, the County Administrator will determine grievability, or whether an employee’s complaint will be resolved using the Grievance Procedure. If the County Administrator determines that the complaint is not grievable, the employee may appeal the decision to the Roanoke County Circuit Court. The employee also has the option to request administrative review of the complaint outside the Grievance Procedure. Grievability and appeal are discussed in section F of this chapter.

Grievable Complaints Following the Code of Virginia, the County has distinguished circumstances where a complaint will generally be determined grievable and situations where it will not. Complaints or disputes related but not limited to the following will generally be found grievable: 54

• • • • •

disciplinary actions involving dismissal, demotion, suspension, or written reprimand dismissals resulting from discipline or unsatisfactory job performance concerns regarding the proper application of personnel policies and regulations complaints of discrimination on the basis of race, color, religion, age, sex, political affiliation, handicap or disability, veteran status, or national origin any complaint alleging any action that would be prohibited by Title II of the Americans with Disabilities Act

An employee will typically be allowed to use the Grievance Procedure for complaints or disputes related to retaliation or acts of reprisal associated with the following: • • • •

using the Grievance Procedure or participating in the grievance of another County employee compliance with any United States law or Virginia law reporting any violation of United States law or Virginia law to a governmental authority seeking to change United States or Virginia law before the Congress of the United States or the Virginia General Assembly

Non Grievable Complaints Complaints or disputes related but not limited to the following will generally be decided as not grievable: • • • • • • •

management rights described in section C of this chapter content of ordinances, statutes, or established policies or regulations establishment or revision of wages, salaries, position classifications, reclassifications, or general benefits failure to be promoted except where the employee can show that established policies were not followed or applied fairly work activity accepted by the employee as a condition of employment or work activity which may be reasonably expected to be part of the job content measurement and assessment of work activity through performance evaluation, except where the employee can show that the performance evaluation was arbitrary or capricious dismissal, demotion, or layoff because of lack of work, reduction in work force, or job abolition, except where the action affects an employee who has been reinstated within the previous six months as the result of the final determination of a grievance

For grievances brought under this last exception, the County’s action will be upheld once it shows that a valid business reason existed for the action and that the employee was notified of the reason in writing before the effective date of the action. E.

Employee Rights and Representation The grievant shall be permitted to be accompanied by or represented by an individual of his or her own choice at the Step III meeting and the Step IV panel hearing. The grievant is responsible for any expenses related to representation. By mutual agreement, the grievant and the County may extend the time periods established in the steps of the Grievance Procedure, unless law designates those time periods.

Determining and Appealing Grievability Whether or not a matter is grievable may be raised at any time during the Grievance Procedure until the Step IV panel hearing begins. Once raised, the issue must be resolved before any further proceedings on the grievance: The issue of grievability shall be resolved before the panel hearing convenes; otherwise it shall be considered waived. At the request of either management or the grievant, the County Administrator will decide whether or not a matter is grievable. The Determination of Grievability form (Form A) must be used to make the request and the decision shall be made within 10 calendar days of its receipt. The County Administrator will notify the grievant of the decision through the Determination of Grievability form. The grievant may appeal the decision by signing the “Notice of Appeal” on the form and returning it to the County Administrator within 10 calendar days of the Administrator’s decision. A copy of the form asking for appeal must be given to the Department of Human Resources. The grievant must also file a motion with the Roanoke County Circuit Court Clerk. The County Administrator will then have 10 calendar days to transmit the following materials to the Clerk of the Court: a copy of the County Administrator’s decision, a copy of the notice of appeal and any exhibits. A list of any exhibits or evidence given to the court shall be given to the grievant at the same time. If the County Administrator fails to transmit the materials within the time allowed, the grievant’s rights shall not be compromised. The Court, on a motion filed by the grievant, may issue a writ of certiorari, which would require the County Administrator to transmit the records to the Clerk on or before a specified date. The Court may affirm the County Administrator’s decision or may reverse or modify the decision. The decision of the Court is final and is not appealable.

Policy Both the grievant and the County must obey, or comply with, the substantial procedural requirements of the Grievance Procedure. If one party does not comply, the other party must send a written notice of the violation to the other. A copy of the notification must also be sent to the County Administrator. The violator must correct the violation within five working days of receiving the written notice. Otherwise, a decision will be made in favor of the other party. The County Administrator or the Administratorâ&#x20AC;&#x2122;s designee shall make the final determination on all compliance issues. Decisions made by the County Administrator or the designee may be appealed by filing a petition with the Clerk of the Circuit Court within 30 days of the compliance determination.

Procedure Grievances beyond the informal discussion step shall be documented in writing on forms supplied by the Department of Human Resources. During Steps I, II and III, both the grievant and the County may call upon appropriate witnesses. At least 24 hours in advance, the grievant and the appropriate County representative shall make a reasonable effort to notify one another of all witnesses expected to appear at their meeting. Either party has the right to have any witness excluded during the meeting when that witness is not actually testifying. The resolution of complaints or disputes through the Grievance Procedure shall proceed in the following manner: 1.

Informal Discussion with the Immediate Supervisor An employee with a complaint shall first discuss the problem directly with his or her immediate supervisor. The complaint does not need to be in writing at this point. The employee has 30 calendar days from the time the event occurred that created the complaint to initiate the informal discussion with the immediate supervisor. The immediate supervisor shall give the employee a verbal response within 10 calendar days following their discussion. If the problem is not resolved through informal discussion, the employee has the right to pursue the grievance through the procedure outlined below.

Step I--Meeting with the Step I Official If the informal discussion does not resolve the employeeâ&#x20AC;&#x2122;s complaint, the employee may file a written grievance with his or her department director on the Grievance form (form B). The form must be filed within 10 calendar days following the end of the informal discussion procedure and it must specify the 57

employeeâ&#x20AC;&#x2122;s expected resolution to the complaint. A Step I official shall submit a copy of the Grievance form to the Director of Human Resources as soon as it is received. For most departments, the department director is the Step I official. The Chief of Police, Chief of Fire and Rescue, and the Sheriff may designate in writing another appropriate official at the rank of Captain or above to be the Step I official for addressing grievances originating in their departments. The Step I official shall call a meeting to gather information about the grievance within 10 calendar days of receiving the Grievance form. The grievant and Step I official are the only persons who may be present at this meeting. Either party may call witnesses during the meeting to present facts and evidence related to the grievance. The Step I official shall give a written response to the grievant within 10 calendar days following the Step I meeting, and a copy of the response shall be given to the Director of Human Resources. 3.

Step II--Meeting with the Top Level Official If the Step I written response does not resolve the grievance, the grievant may indicate his or her disapproval on the Grievance form and resubmit the form within 10 calendar days to the appropriate assistant county administrator or other top level management official. These persons serve as the Step II top level official. Should the next level of supervision for a department be the County Administrator, the grievance shall proceed directly to Step III. For Police, Fire and Rescue, and Sheriffâ&#x20AC;&#x2122;s Department employees, Step II grievances will be addressed by the Chief of Police, Chief of Fire and Rescue, or the Sheriff respectively, if these officials have not already addressed the grievance. The top level official shall call a meeting to gather information about the grievance within 10 calendar days of receiving the Grievance form. The grievant and the top level official are the only persons who may be present at this meeting. Either party may call witnesses during the meeting to present facts and evidence related to the grievance. The top level official shall give a written response to the grievant within 10 calendar days following the Step II meeting, and a copy of the response shall be given to the Director of Human Resources.

Step III--Meeting with the County Administrator If the Step II written response does not resolve the grievance, the grievant may again indicate his or her disapproval on the Grievance form and resubmit the form to the County Administrator within 10 calendar days of the Step II reply.

The County Administrator shall call a meeting to gather information about the grievance within 10 calendar days of receiving the Grievance form. At the agreement of both parties, the County Administrator may designate an assistant county administrator to address the grievance, if an assistant county administrator has not already served as the Step II top level official. At the Step III meeting, the grievant may have a representative present. If the grievant is represented by legal counsel, the County may likewise be represented by counsel. Either party may call witnesses during this meeting to present facts and evidence related to the grievance. The County Administrator shall give a written reply to the grievant within 10 calendar days following the Step III meeting, and a copy of the reply shall be given to the Director of Human Resources. 5.

Step IV--Panel Hearing If the Step III written response does not resolve the grievance, the grievant may request a panel hearing. The request for the Step IV panel hearing shall be submitted in writing to the County Administrator on the Panel Hearing form (Form C) within 10 calendar days from receiving the Step III decision. The County Administrator shall immediately submit a copy of the panel-hearing request to the Director of Human Resources. The County Administrator or the Administrator’s designee shall arrange a hearing and forward copies of the grievance to the panel members. The panel is appointed by the Board of Supervisors and consists of three regular members and four alternate members. All are appointed for three-year terms. The panel selects a chairperson at the beginning of each grievance panel hearing. To insure impartiality, the following persons will be disqualified and will not serve on the panel: • • • •

individuals who are directly involved with the grievance or with the circumstance that caused the grievance an attorney who is directly involved with the grievance, or a partner, associate, employee, or co-employee of such an attorney a spouse, parent, child, descendants of a child, sibling, niece, nephew, or first cousin of any participant in the grievance a parent, child, descendants of a child, sibling, niece, nephew, or first cousin of the spouse of any participant in the grievance

An alternate panel member shall serve for any member disqualified from the grievance hearing. The panel shall hear the appeal within 10 calendar days from receiving the case or as soon as a panel can reasonably be assembled.

Rules and Guidelines for Conducting Panel Hearings 1.

Rules The following rules govern each panel conducting Step IV appeals: a. The panel has the responsibility to rule on the interpretation and application of the County’s personnel policies, rules, and regulations. It is not authorized to create policies or procedures, or to change existing policies or procedures. b. At the request of either party that the hearing be private, the panel shall determine whether persons who do not have an interest in the hearing may be present. c. Before the Step IV hearing begins, the County shall simultaneously give copies of the grievance record, including any documents, to the panel members and the grievant. The County shall give the grievant and his or her attorney access to view and/or copy all relevant files that will be used in the Step IV hearing. They shall be given access to these files at least 10 days prior to the hearing. d. Both parties shall be given full and equal opportunity to present their evidence. The panel chairperson shall have the authority to determine the admissibility of evidence, without regard to the burden of proof, and the order of presentation of evidence. The panel may receive as evidence exhibits offered by the grievant or the County, and these shall be marked and made part of the record. e. The hearing is not intended to be conducted like a court proceeding and the formal court rules of evidence do not necessarily apply. All evidence shall be presented in the presence of the full panel and both parties, unless both parties mutually agree otherwise. f. At least 5 days in advance of the hearing, the parties will exchange copies of all documents and exhibits that will be introduced at the hearing and a list of expected witnesses. g. The panel’s decision on the appeal shall be made by majority vote. It shall be final so long as the decision is within the panel’s authority. The decision will be subject to existing County policies, procedures, ordinances, and any applicable laws. h. No later than 10 calendar days after the Step IV hearing is complete, the chairperson shall file the panel’s decision using the Panel Hearing form with the County Administrator. The County Administrator shall promptly send

copies of the decision to the grievant, the top level official, and the Director of Human Resources. 2.

Guidelines The following guidelines may be used by the panel to conduct the hearing: a. At the beginning of the hearing, the panel may ask for statements from the grievant and the County or their representatives that clarify the issues related to the grievance. b. The County or its representative shall then present claims, proofs, and witnesses who shall submit to questions or other examinations. This process will then be repeated by the grievant. At its discretion, the panel may vary this procedure but must give both parties full and equal opportunity to present any material, relevant proofs, or witnesses. c. Both parties may offer evidence and may be required by the panel to provide additional evidence necessary to understand the dispute and make a determination. d. The chairperson shall determine if both parties have completed their presentations by asking the grievant and the County if any further proofs or witnesses are to be heard. When both parties state that they have no further proofs or witnesses, the chairperson shall declare the panel hearing closed. e. Before the panel’s decision is filed with the County Administrator, the hearing may be reopened by a panel motion or an application from either party. The application must give good reasons why the hearing should be reopened. f. Any or all of the time periods established in the hearing procedure may be extended by the panel chairperson or by the mutual agreement of the grievant and the County.

Implementation and Other Matters a. Once the panel has concluded the hearing and reached a decision, the County Administrator shall implement the panel’s remedy to the extent that it is consistent with State and federal laws and County policies. b. If either the grievant or the County believes the panel’s decision is not consistent with State and federal laws and County policies, the party in disagreement shall inform the panel and the other party within 10 calendar days of receiving the decision. Either party may petition the Circuit Court for an order requiring the County Administrator to implement the panel’s decision. 61

c. The question of whether a panel decision is consistent with County policies shall be determined by the County Administrator or the Administratorâ&#x20AC;&#x2122;s designee. The decision shall be made by the Roanoke County Commonwealthâ&#x20AC;&#x2122;s Attorney if the County Administrator or the designee is directly involved with the grievance. d. The grievant must assume any costs for legal representation or for preparing his or her case.

ROANOKE COUNTY EMPLOYEE HANDBOOK ACKNOWLEDGEMENT

I hereby acknowledge receipt of a copy of the Roanoke County Employee Handbook. The information in this manual is subject to change as situations warrant, and I understand any change in these policies may supercede, modify, or eliminate the policies in this manual. Changes in policy will be communicated to me by my supervisor or through official notices.

Revised and approved July 2006.

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