WHITE COUNTY AT -WILL EMPLOYMENT POLICY
ORDINANCE NO. 2004- 15
                APPROVED BY THE WHITE COUNTY QUORUM COURT ON
12 - 21 - 04

 But-Back.gif (1400 bytes)       Sample Job Descriptions

Be it enacted by the Quorum Court of the County of White, State of Arkansas;
AN ORDINANCE TO BE ENTITLED: WHITE COUNTY EMPLOYMENT POLICY.               
                                                                                                                                   
1.        PURPOSE OF POLICY DOCUMENT

           A.     The purpose of this document is to establish at         will employment as the) default employment policy for the County and to state the    General Employment Policies issued by the Quorum Court in its capacity as the legislative branch of County government. The General Employment
Policies set forth herein apply uniformly to all county employees because they relate exclusively to "employee practices and policies of a general  nature."

          B.        Executive Employment Policies are those adopted by an elected county officer to apply to the employees of that office in the course of administering "[t]he day-to-day administrative responsibility" of his or her elected office. A.C.A. § 14-14-805(2). An elected official can create and administer his own employee discipline measures, subject, however, to the condition that these cannot contravene these general, uniformly applicable  measures adopted by the quorum court.

          C.        Nothing in this General Employment Policy adopted by the Quorum Court creates a property right in employment nor establishes grounds upon which discipline or dismissal must be based.

          D.        Gender. Words importing one (1) gender include and apply to the other gender as well.


2.     AT-WILL EMPLOYMENT

          A. All employment with the County is "at will" which means that the employee can be terminated with or without cause, and with or without notice, at any time, at the option of either the County or the employee, except as otherwise provided by the law.

          B. White County is an Equal Employment Opportunity employer. As such, it is the policy of White County to ensure equal employment opportunity in all personnel actions taken. Therefore, selection and other employment related decisions will be made without regard to an individual's race, religion, color, national origin, sex, age or disability.

          C. All applicants and employees are entitled to equal employment opportunity. If you believe you have been discriminated against, you have the right to notify the Equal Employment Opportunity Commission, 820 Louisiana Street, Suite 200, Little Rock, AR 72201, (501) 324-5060.

3. REDUCTION OR REMOVAL  OF PAY OR POSITION

          A County Official may reduce or remove pay or position for any reason that is rationally related to the effectuation of any conceivable legitimate County objective.

4. HIRING AND PROMOTING

          A. The at-will employment policy set forth herein applies equally to hiring and promoting. Nothing herein shall create a property right in employment, entitlement to be hired or promoted, or an expectancy of continued employment. Nothing herein establishes grounds upon which hiring or promoting must be based.

107

          B. Prospective employees who are required to register with the selective service system must certify compliance with the Military Selective Service Act as a condition for employment.

5. EMPLOYEE BENEFITS

         Eligibility for vacation leave or other employee benefits does not create any property right in employment or any expectancy of continued employment.

6. PUBLIC SAFETY EMPLOYEE DRUG AND ALCOHOL TESTING

         A. Public safety employees are subject to testing by the County to detect the presence of controlled substances and alcohol in their body, including:
                    i. Pre-employment Testing (controlled substances only),
                    ii. Reasonable Suspicion Testing,
                    iii. Random Testing, -
                    iv. Post-accident Testing, and
                   v. Return-to-duty and Follow-up Testing.

         B. Public safety employees subject to testing shall include only employees whose duties require them to :
                   i. Maintain a commercial driver's license or
                   ii. Drive a vehicle as a part of the employee's normal County duties
                              or
                   iii. Carry a firearm or
                    iv. Routinely operate an emergency vehicle (one equipped with siren or red or blue lights) in order to lawfully carry out their duties or
                   v. Serve as mechanics on County vehicles or
                   vi. Be prepared to use justified physical force against persons to
                              maintain order or secure security for persons detained by the County.

         C. The Drug and Alcohol Testing Procedures required by the U.S. Department of Transportation (the Rules) shall be the procedures followed by the County, which procedures shall be in reasonable conformity to procedures promulgated by the Association of Arkansas Counties.

         D. Upon the County's adoption of this policy, or at the point of hiring, each County employee shall certify in writing that:
                   i. The employee has been informed of and understands his or her obligations under the County's drug and alcohol testing policy and the drug and alcohol regulations of the U.S. Department of Transportation.
                   ii. The employee understands that the use or possession of alcohol in any form is prohibited in the workplace, and that there are  restrictions on alcohol use for a period prior to reporting for work and after an accident;
                   iii. The employee understands that the possession or use of unauthorized or illegal drugs is prohibited at any time whether in the workplace or not; and
                   iv. The employee understands that, as a condition of employment, the employee must submit to collection of breath, urine, blood, and/or saliva samples when requested by the County employer or contractor acting for the County employer and, also, that the employee may be subject to drug and alcohol testing in other circumstances including, but not limited to, post-accident and when the employer has reasonable suspicion to believe the employee has engaged in prohibited actions concerning controlled substances or alcohol.

108

          E. Drug and alcohol testing will be administered to the employees in the circumstances and in the manner mandated by the Rules.

          F. Reasonable suspicion testing shall not be conducted until after the facts are reviewed by the prosecuting attorney, a deputy prosecuting attorney, or the county civil attorney and the reviewing attorney agree with the supervising elected official that reasonable suspicion exists under the particular facts of the particular case.

          G. The following shall result in immediate discharge:
                    i. Refusal to take a mandated test for drugs or alcohol;
                    ii. A positive drug test result, once the time limit for requesting a second test of a split sample has expired, or upon receipt of a positive drug test result from the second test; or
                    iii. A positive alcohol test result.

          H. Employees whose initial drug test results are positive and who request a test of the second portion of the split sample will be suspended without pay until such time as the County's 'Designated Representative' receives the results of the second (split sample) test. Such second test will be paid by the employer to be reimbursed to the County by the employee. The County shall withhold from the employee's paycheck the cost of the
second (split sample) test to reimburse the County. A negative result from  the second ( split sample) drug test will render the first test invalid and the employee will be reinstated with back pay and reimbursement for the costs of the second test.

          I. An employee suspected of unlawful use of drugs or abuse of alcohol while on duty, as established by the Rules, or who is involved in an accident as defined in 49 CFR 390.5 (and receives a citation for a moving traffic violation in this section) by the Rules, shall be suspended immediately with pay until the results of the drug or alcohol test are received by the County's ' Designated Representative.

7. COMPENSATORY TIME/OVERTIME PAY

          A. As authorized by the Fair Labor Standards Act, overtime pay or compensatory time off will be allowed for non-exempt employees for time worked in excess of the normal work period.

         B. The normal work period shall be 40 hours per week for all employees except employees engaged in the profession of law enforcement and ambulance services. The normal work week for law enforcement and ambulance personnel shall be no more than 171 hours in a 28  consecutive day work period.

         C. Overtime shall only be worked in emergencies or when public health, welfare, and the safety of the general community are in danger.

         D. Only employees defined by the Fair Labor Standards Act {Title 29, Part 541 of the Code of Federal Regulation) as "non-exempt" {other than "bona fide executive, administrative, or professional capacity") will be entitled to overtime pay or compensatory time.

         E. The County's non-exempt employees shall receive either overtime pay or compensatory time off at a rate of one and one-half times the employee's hourly pay or one and one-half hours for each hour of time worked in excess of the normal work period. The non-exempt employee shall give notice to a County official, which method they wish to be compensated by.

         F. No employee shall accrue more than 120 hours of compensatory time.

109

          G. An employee who has accrued compensatory time shall, upon termination of employment, be paid for the unused compensatory time at a rate of compensation of not less than:
                    i. The average regular rate received by such employee during the last three years of the employee's employment; or
                    ii. A final regular rate received by such an employee, whichever is higher .

          H. An employee who has accrued compensatory time off and who has requested the use of such compensatory time off, shall be permitted to use such time within the discretion of the County official, after making a request if the use of compensatory time does not unduly disrupt the operation of the employing agency.

          I. No overtime hours shall be worked without the approval of the Elected Official or such supervisory personnel designated by the Elected Official to approve the overtime.

          J. Accumulated compensatory time will be kept by the County Clerk in a separate logbook. The compensatory logbook will show all compensatory time accumulated and all the compensatory time off taken by the employees who have earned it.

          K. The County Clerk will inform the County Judge on a monthly basis as to the amount of accrued compensatory time.

          L. The County requests that any compensatory time incurred in any 28-day work period be used by the employee during the next 28-day work period.

          M. Paid leave days shall not count toward calculating overtime unless the employee actually worked on a paid leave day ( e.g., a holiday worked by an employee).

8. HIRING

          A. Applications for employment will be accepted from any person who wishes to apply upon forms provided by the County.

         B. No elected official or department head shall be allowed to employ any relative in his immediate family to work within the County office or department he supervises and for which he is responsible. Immediate family shall include spouse, parent, child, step-child, brother, sister, grandparent, grandchild, mother-in-law, father-in-law, son-in-law, or daughter-in-law. This provision will be effective the date of adoption of these policies by County Ordinance and shall not affect employees hired prior to adoption.

         C. Persons desiring to become full-time employees must be 18 years of age. In those cases where the County wishes to hire part-time help under the age of 18, applications shall be for occupations in accordance with all applicable State and Federal regulations.

         D. County employees shall possess a Social Security Account Number or shall have applied for such at time of employment.

         E. Employees whose work will require operation of a motor vehicle must present a valid driver's license and current driving record to the County. The employee must maintain a valid driver's license during the course of his or her employment and the employee's driving record must be acceptable to the County and insurer. You will be asked to provide the County with a current driving record from time to time. Any changes in your driving record must be reported to the County official immediately. Failure to do so may result in disciplinary action, including possible dismissal.

110

          F.. Every new County employee, as a condition of employment, must complete the Employment Eligibility Verification Form 1-9 and present documentation establishing identity and employment eligibility, pursuant to the Immigration Reform and Control Act of 1986. Former County employees who are rehired must also complete the form if they have not completed an I-9 with the County within the past three years, or if their previous I-9 is no longer retained or valid.

9. CODE OF ETHICS

          A. The efficiency and effectiveness of the Government of White County depends on public trust and confidence.

          B. To maintain this trust, conformance to the following standards is expected of each County employee.
                    i. County employees shall be prompt and regular in reporting to work and shall be diligent, competent and efficient in the performance of their duties.
                    ii. County employees shall not grant any special consideration advantage to individuals or groups beyond that which is available to every other individual or group.
                    iii. County employees shall not engage in conflict of interest activities that prove to be incompatible with assigned duties, bring discredit upon White County, or give them an advantage in their outside activities over persons working in similar vocations.
                    iv. County employees shall not accept gifts, services, gratuities or favors, or engage in trading or bartering with those in custody or their families or friends.
                    v. County employees shall not use County funds, supplies or facilities for purposes other than to conduct official County business.
                    vi. County employees shall not use official positions to receive special favors for themselves or others.
                    vii. County employees shall exercise care and emphasize safety in the use of County property and equipment.
                    viii. County employees shall keep themselves physically fit, mentally alert, neat and clean, and shall perform their duties fairly, impartially and in a professional manner. Working under the influence of alcohol or any other narcotic or controlled substance shall result in absolute dismissal.
                    ix. County employees shall conduct themselves, both on the job and off duty, so as to command the respect of fellow workers and the general public.
                    x. County employees shall not display prejudice against persons or organizations, thus affecting cordiality of contacts with other employees or the public.

10. WORK REQUIREMENTS

         A. The normal working hours for administrative offices of the Government of White County are from 8:00 A.M. to 4:30 P.M., Monday through Friday, exclusive of authorized holidays. Normal business will be conducted during these hours.

         B. Employees shall be in attendance at their work in accordance with the rules and hours established by the elected official or department head. All administrative offices will have at least one employee on duty during the normal working hours outlined above.

         C. Absence of an employee from work, including any absence for a single or part of a day that is not authorized by the elected official or department head, shall be deemed to be an absence without leave. Any such absence shall be without pay and the employee who is absent for three (3) consecutive days without approved leave shall be deemed to have  resigned.

111

        D: No outside employment of continual nature will be allowed unless it is approved by the elected official and/or department head. Under no circumstances will a person be allowed to work at a job which conflicts in any way with duties as a County employee.

          E. No employee shall engage in any private business or in the activities of a profession during those hours for which he or she is being compensated by the County.

          F. Any County employee who terminates their employment with the County and is subsequently rehired at a later date may be considered a new employee and may begin employment at the entry level. The employee may not claim benefits earned under previous employment, nor may the employee claim their previous rate of pay.

11. EMPLOYEE COMPENSATION

          A. The County is required by law to withhold taxes based upon information furnished by the employee at the time of employment. Any change in status which would affect tax liability or change in beneficiary should be reported to the employee's supervisor (W-4, number of dependents,
changes in group insurance coverage, etc.).

          B. White County shall pay all employees bi-weekly. Salaries are calculated on an annual basis from January 1 through December 31, but shall be paid in twenty-six equal payments every two weeks. Both the final pay period and the final payday will be adjusted to include the last day of the year.

12. RETIREMENT

          A. White County provides a retirement plan for regular full-time employees. Part-time or seasonal employees are not entitled to participate in the retirement plan.

          B. Those County employees working for the County prior to January 1, 1978, have the option of contributing to the retirement system at the rate of 6% of their gross salary or can elect to make no contribution. Those persons employed after January 1, 1978, who have not previously worked for the County or State under the retirement system, have no choice but to participate on a non-contributory basis. The County contributed according to State law requirements. In addition, the County is required to contribute into the retirement system an amount set by state law for each County employee, whether contributory or not.

13. HOSPITAL INSURANCE

         A. White County shall provide a plan of group hospital insurance to County employees. Part-time or seasonal employees are not entitled to participate in the hospital insurance plan.

         B. Coverage for the families of individual employees may be provided, if desired, by the employee, but must be on a cost-shared basis. The employee must pay the difference between an individual plan and a family plan.

         C. Continuation of coverage for employees who would otherwise lose coverage as a result of certain events will be offered coverage in accordance with regulations resulting from the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and the Tax Reform Act of 1986.

112

14. VACATION LEAVE

         A. The County shall maintain the following vacation eligibility requirements and the listed vacation rates shall be accrued on appropriate basis.
                   i. Regular full-time employees are eligible for paid vacations, but temporary and part-time employees are not eligible.
                   ii. All regular full-time employees who have been employed continually by the County for a period of one year shall be allowed five (5) working days vacation with pay, in the second year.
                   iii. All regular full-time employees who have been employed continuously by the County for a period of 2 through 5 years from the employee's anniversary date shall be allowed 10 working days vacation, with pay, beginning in the third year .
                   iv. All regular full-time employees who have been employed continually by the County for a period of 5 through 15 years from the employee's anniversary date shall be allowed 15 working days vacation, with pay, beginning in the sixth year .
                   v. All regular full-time employees who have been employed continually by the County for a period of 15 or more years from the employee's anniversary date shall be allowed 20 working days vacation, with pay, beginning in the sixteenth year.
                   vi. Continuous service as mentioned in 14a(ii), 14a(iii), 14a(iv), and 14a(v) above is defined as uninterrupted employment while working as a regular full-time employee of White County. Leave of absence without pay shall not interrupt continuous service except for time off. If extenuating circumstances exist, a determination shall be made by the Quorum Court.

         B. Scheduling of vacations shall be done by the elected officials and/or department heads, with due regards for the desires of the employee and the needs of the office or department. Vacation leave shall be charged against employees in not less than one-half day units. Earned vacation time cannot be accumulated to exceed one year's allowance of vacation as outlined in 14a(ii), 14a(iii), 14a(iv), and 14a(v).

         C. Vacation time will not be exchanged for cash except in the following circumstances:
                   i. The surviving members of a deceased employee's family will be paid his or her accrued leave. Such payment shall be made first, to the deceased surviving spouse, and second, to another person designated by him in writing and filed with the County Clerk, and third, in the absence of a surviving spouse and written designee, to the estate of the deceased employee.
                   ii. Regular full-time employees who have been employed by the County continuously for one year or more, who resign from the job in good standing, shall be compensated for vacation accrued up to the date of resignation, but not to exceed one year's allowance of vacation time as defined above. Employees will be paid at their current rate for unused vacation time.
                   iii. An employee who accumulates twenty (20) days paid vacation per year may elect to receive up to two weeks vacation pay at his or her base rate of pay in lieu of taking the time off from work. Pay in lieu' of time off is limited to ten days per year and must be in not less than five day increments and not on a daily basis. Additional funds for vacation pay in lieu of time off will be appropriated by the Quorum Court at the December meeting and will be paid on the final pay day of the year .

113

15. FMLA LEAVE POLICY

         The County will grant family and medical leave for the reasons specified in the FMLA. Employees who have been with the County for at least 12 months and who worked at least 1250 hours during the 12-month period immediately preceding the commencement of the leave may be eligible for "leave" under the FMLA. This provides eligible persons with up to 12 weeks unpaid leave during a 12-month period for certain qualified family and medical situations.

         A. Reasons for Taking Leave
                   i. For the care of the employee's child (birth or placement for adoption or foster care);
                   ii. For the care of the employee's spouse, dependent child or parent who has a serious health condition; or
                   iii. For a serious health condition that makes the employee unable to perform the essential functions of his or her job.

         B. Leave year. For purposes of leave under this policy, the leave year (the 12-month period) shall be a "rolling 12 month period" measured backward from the date an employee uses any family leave.

         C. Any employee who is entitled to FMLA leave must utilize available vacation that will run concurrently with the FMLA leave. After vacation and sick days are exhausted, any additional leave under this policy will be unpaid. Employees who request FMLA leave should consult with their supervisor for details on the availability of paid vacation days.

         D. Advance Notice and Medical Certification
                   i. If the leave is to be covered completely through the use of vacation, then the employee should follow the same notice procedures as required for vacation requests. However, where the heed for the leave is foreseeable, and if some or all of the leave will be unpaid, the County requires that written notice be provided to the employee's supervisor thirty (30) days in advance of the leave.
                   ii. Depending on the circumstances, the County may require that the employee furnish a medical certificate to support the need for a leave due to the employee's serious health condition or that of the family member. Medical certification forms are available from the employee's supervisor. If an employee fails to provide a medical certificate, FMLA leave may be denied. At the end of the leave, the employee may be asked to present a doctor's certificate of fitness to return to work. If an employee is unable to return from leave because of a serious health condition, medical certification may be required.

        E. Intermittent or Reduced Leave. FMLA leave may be taken intermittently or on a reduced leave schedule when medically necessary. The employee's supervisor must specifically approve intermittent or reduced leave schedules.

        F. Employment and Benefits Status. Employees returning from this leave will be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. The County may find it necessary to deny reinstatement to certain key employees. Employees who take advantage of this leave will be eligible for any employment benefit that accrued prior to the start of the leave.

        G. Medical Insurance Coverage. During this leave, eligible employees may continue to participate in the County's group health plan under the same conditions as if they continued to work. The County will  make arrangements with employees requesting leave for the continued payment of the employee's share of the medical premium. If an employee fails to make premium payments as arranged and becomes in arrears for more than thirty (30) days, coverage will terminate. The employee may resume coverage when he or she returns from leave without having to re-qualify for insurance coverage.

114

         H. Other .Rights and Obligations. The County will not interfere with the exercise of any right provided under the FMLA.

         I. The County has posted and will continue to display the poster entitled "Your rights under the Family and Medical Leave Act of 1993." F or more information about our FMLA Policy, the employee should contact his/her supervisor .

16. SICK LEAVE

         A. All regular full-time employees of the County are eligible for sick leave with pay with a maximum benefit often (10) working days per year. Sick leave days accrue at a rate of one (1) day for every five (5) workweeks of employment with the County. These accrued sick leave days can be carried over to the second year for a total of twenty (20) days for a two year period of time.

         B. An employee may be eligible for sick leave for the following reasons:
                   i. Personal illness or physical incapacity resulting from causes beyond employee's control.
                   ii. Illness or physical incapacity of an immediate family member. Immediate family may be defined as spouse, parent, sibling, child, step-child, grandparent, grandchild, son-in-law, daughter-in-law, mother-in-law, or father-in-law.
                   iii. Quarantine of an employee by a physician or officer to comply with community health regulations.

         C. An employee who is unable to report for work due to previously mentioned reasons, shall report the reason for his or her absence to his or her supervisor or someone acting for his or her supervisor within four ( 4) hours from the time he or she is expected to report for work. Sick leave with pay shall not be allowed unless the report has been made and the County official or his assistant has okayed the report.

         D. Regular full-time employees shall receive paid sick leave, if their absence meets one of the previously mentioned reasons, provided the following:

         i. The County employee has not been terminated before the absence.

         ii. The County employee's illness or injury is not attributed to:

                             a. Illness or injury committed while committing a felony.
                             b. Illness or injury resulting from paid employment of any kind other than County.
                             c. Truthful evidence of full justification for every absence receiving sick leave benefits must be presented when requested by the elected official and/or department head. If an employee accepts sick leave benefits based upon false evidence, such action must be regarded as a breach of faith on the part of the employee, and is justification for disciplinary action or discharge.
                             d. Absence for apart of the day that is chargeable to sick leave pay in accordance with these provisions shall be charged in not less than one-half day units.
                             e. Employees leaving the employment of the County for any reason shall not be paid accumulated sick leave.
                             f. All leave taken by employees for any purpose other than sick leave outlined above and emergency leave listed in another portion of the personnel policies will be charged against vacation time, and upon exhaustion of paid vacation time, shall be granted leave without pay, if justified, for a period of not more than one year. If leave without pay is not justified or if the one year has expired, the employee may be
                                 separated. Such determination will be made on a case-by-case basis.
                            g. County seasonal or part-time employees shall not earn paid sick leave.
                            h. A full-time employee, when sick, will not have sick leave time reduced to pay for a holiday, vacation, or approved absence if it falls during the time of illness. Such days will be treated as if the employee were not ill. A full-time employee shall receive sick leave
                                pay at the rate of the employee's regular base salary.
                            i. County employees shall not be paid for unused sick leave.
                            j. Any additional sick leave over the amounts given in this policy will be taken from the employee's accrued vacation days, if available or otherwise  will be considered an unpaid leave of absence, assuming the employees leave does not fall under the Family Medical Leave Act.

115

17. JURY OR WITNESS LEAVE

           County employees may be excused from work with pay without charge to earned leave if subpoenaed as a witness or jury member in a court case. Full-time employees on a jury or witness leave shall receive their regular pay and retain all jury fees. The County shall not apply jury or witness leave to cases where the employee is personally involved in a suit or litigation. If an employee is not required to serve as a witness or juror on a particular day, or is released before the end of the work day, the employee must contact their supervisor to determine if they are needed to return to work that day.

 18. MILITARY LEAVE

          In time of war or national emergency, full-time employees are entitled to receive a leave of absence without pay upon joining or being called into the military services of the United States. Employees are entitled to this leave for as long as they are on active duty with the Armed Forces unless they become members of their Regular Armed Forces. After receiving an honorable discharge or its equivalent, they will have the right to return to their old position with the County, within 30 days following separation from the military. Members of a reserve component of the Armed Forces are entitled to attend encampments or training if called. When called, the employee shall present the military orders to his or her supervisor. Military leave with pay shall not exceed fifteen (15) working days per calendar year. Any additional time required shall be allowed as leave without pay. The County will comply with all leave requirements under USERRA.

19. EMERGENCY LEAVE

          Emergency leave with pay up to a maximum of three (3) calendar days in case of death or imminence of death in the immediate family may be granted once per year . Two days' travel time may be granted upon prior approval of the County official in addition to the three days where the employee must travel along distance. Any additional leave will be taken from the employee's accrued sick days and/or vacation days, if available, or otherwise will be considered an unpaid leave of absence. Immediate family may be defined as spouse, parent, sibling, child, step-child, grandparent, grandchild, son-in-law, daughter-in-law, mother-in-law, or father-in-law.

20. OCCUPATIONAL INJURY LEAVE

          A. Any employee who is on leave arising from occupational injury while performing work for White County may receive full salary the first seven (7) days of disability. Thereafter, the employee may receive pay based upon accumulated sick days credited to the employee at the time of injury .

          B. The County shall run Workers' Compensation leave time concurrently with FMLA leave time. If the employee exhausts accumulated sick days and has still not returned to work, the County may continue the employee's employment as required by the FMLA.

          C. If an employee is covered by Workers' Compensation insurance and is eligible to receive payment from that policy for loss of work time due to an occupational injury, the employee may receive the difference between regular salary (gross) and the amount payable under the Workers' Compensation Insurance coverage. Such payment for sick days will last for as many days as the employee had accrued sick days before the accident. The number of days allowed is determined by the difference of regular salary to the amount received for loss of work time under the Workers' Compensation Insurance. When all accumulated sick days are used in this manner, payment from the County will cease.

116

          If an employee is covered by County health and accident insurance and is eligible to receive payment from that policy for loss of work time due to an accident, the employee will receive the difference between regular salary and the amount payable under the insurance coverage. Such payment for sick days will last as many days as the employee has accumulated and the amount of sick days charged to the employee is determined by the ratio of regular salary to the amount received for loss of work time under the County's policy.

22. HOLIDAYS

          A. All full-time employees shall be entitled to the following paid holidays:
                    New Years Day
                    Martin Luther King's Birthday
                    President's Day
                    Memorial Day -
                    Independence Day
                    Labor Day
                    Veteran's Day
                    Thanksgiving Day and the day following
                    Christmas Eve and Christmas Day

          B. When a holiday falls on Sunday, the following day will be observed as a holiday. When a holiday falls on Saturday, the preceding Friday will be observed as a holiday. If Christmas Day falls on a Saturday, the following Monday will be observed as a holiday. No new employee will be paid for a holiday unless he has been working the working day immediately preceding and following the holiday period.

23. HARASSMENT

          A. It is the policy of the County to treat all employees equally in their terms and conditions of employment. The harassment of any employee is contrary to this policy and may be considered justification for disciplinary or other appropriate action. This policy applies to all employees, supervisors, agents, and non-employees who have contact with employees during working hours.

          B. Harassment is any annoying, persistent act or actions that singles out an employee to that employee's objection or detriment, because of the employee's protected status (i.e., race, sex, age, religion, ancestry, national origin, or physical or mental disability). Harassment may include any of the following:
i. Verbal abuse or ridicule based upon an employee's protected status. This includes epithets, derogatory comment-s, slurs or unwanted sexual advances, invitations, or comments.
                    ii. Interference with an employee's work based upon an employee's protected status. This includes physical contact such as assault, blocking normal movement, or interference with work directed at an individual because of his/her sex or other protected status.
                    iii. Displaying or distributing sexually offensive, racist or derogatory materials. This includes derogatory posters, cartoons, drawings or gestures.
                    iv. Discriminating against any employee in work assignments or job-related training, because of an employees' protected status.
                    v. Intimate physical contact.
                    vi. Making sexual or racial innuendos.
                    vii. Demanding favors ( sexual or otherwise), explicitly or implicitly, as a condition of employment, promotion, transfer or any other term or condition of employment.
                    viii. Retaliation for having reported harassment. (

117