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(A) Every new employee, as well as an employee who transfers from one position to another, begins his/her employment with the County as a probationary employee (with the exception of certain executive level employees such as department heads) for the first ninety (90) calendar days of employment. Probation is an assessment period that helps determine whether the employee and County should continue the employment on a more long-term basis. A probationary employee may be dismissed or may voluntarily quit for any reason(s) and shall not have any recourse through the County's grievance procedure. An employee who is completing a probationary period may not bid or apply for another open position.
(B) A performance evaluation should conclude the probationary process and allow the department head to communicate to the employee any area(s) of satisfaction, dissatisfaction, or areas where the employee should improve his/her performance. The report is confidential and should only be discussed with the employee.
(A) This policy applies to all County employees including those covered by a collective bargaining agreement, unless the bargaining agreement or contract explicitly addresses the issue in a manner contrary to this chapter. In those instances, the terms of the bargaining agreement or contract will supersede the terms of this chapter.
(B) County offices are open to the public Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding holidays. Some departments have adopted a different schedule due to the nature of the position or a flexible work schedule to better accommodate the public. An employee's supervisor will assign a specific work schedule. Please note that a work schedule is not guaranteed and is subject to change.
(C) Regular Work Time - The regular work week shall be considered Monday through Friday and the regular workday is defined as eight hours per day from 8:30 a.m. to 4:30 p.m. (unless as noted above).
(D) Lunch Hour
(1) Salaried employees are entitled to a one-hour lunch period per workday. Employees who fail to take a lunch period will not be compensated unless authorized by the department head to work through a lunch hour in order to allow that employee to adjust his/her start or end time (come in late or leave early on the same day), or due to circumstances where the employee was required to perform his/her work duties that precluded the employee from taking a lunch.
(2) Hourly employees are entitled to lunchtime set by department policy.
(E) Breaks - The County provides breaks or rest periods to its employees. Non-exempt employees who work at least seven hours in one shift will receive a break of 15 minutes at approximately the middle of every three and one half hours of work not interrupted by a meal period. Supervisors are responsible for scheduling the time for employee breaks. All breaks should be arranged so that they do not disrupt County business or service to the public and should consider the workload and the nature of the job or jobs being performed. When necessary, the frequency and time of breaks may be changed. Time spent on breaks is compensated as working time. Employees are expected to be punctual in starting and ending their breaks and are subject to disciplinary action for extending breaks beyond the 15 minutes allowed.
(F) Overtime/Compensatory Time
(1) Eligibility for compensable overtime will be determined by the Fair Labor Standards Act. All overtime must be approved and authorized by an employee's department head or supervisor. Under no circumstances may an employee authorize his/her own overtime.
(2) All non exempt employees will be granted compensatory or overtime at the rate of one and one-half (1-1/2) hours for all hours worked over (40) hours in any given work week. (Note: Although some full-time employees work only 35 hours, federal law requires that overtime [or compensatory time] be paid at 1-1/2 times that employee's normal rate of pay only when the hours worked in a week exceeds 40 hours.)
(3) Should compensatory time be awarded, an employee cannot accumulate more than 480 hours of compensatory time in one year if the employee works in a public safety activity, an emergency response activity or a seasonal activity. All other employees are limited to no more than 240 hours compensatory time per year. Employees who exceed these limits must be paid overtime. An accurate record of all compensatory time earned and used shall be maintained by the department bookkeeper (See “Record Keeping” this section). An employee's request for the use of compensatory time off shall be made at least three (3) working days prior to the date(s) requested off. The request shall be honored unless the use would unduly disrupt the operations of the department by imposing an unreasonable burden on the department's ability to provide services of acceptable quality and quantity for the public during the time requested without the use of the employee's services.
(4) All compensatory time must be taken within the year it was earned unless the time is accumulated in the last quarter of the calendar year. Time earned during the last quarter only may be carried over to the first quarter of the following year. The carried-over compensatory time must be taken within that first quarter. Unused compensatory time must be paid as overtime.
(G) Record Keeping
(1) Documented overtime and compensatory time records shall be kept by each department for all employees and shall include:
(a) Date and reason for accumulation
(b) Name of person authorizing the overtime
(c) Date compensatory time taken
(d) All other records required by the FLSA or other federal or state law or regulation
(2) Time sheets shall reflect compensatory time taken and shall not be reflected as hours worked on that date.
(3) The Attorney of Record for each division of County government has the final authority interpreting this policy and is responsible for ensuring that all required records are kept and in accordance with the FLSA and will take appropriate measures to ensure compliance with state and federal regulation.
(H) Special Exceptions - Special exceptions to the regular workday and work week may exist where employees may be required to work other hours or days to meet the particular requirements of County services. In addition, regular hours are subject to change with the authorization of the employee's department head.
(I) Time Sheet Requirement - It shall be the responsibility of the department head to ensure that an accurate daily attendance record is kept on every employee in the department.
(J) Falsification of Time Records - Any individual who is involved in the falsification of time records or who knowingly causes improper reporting may be subject to disciplinary action up to and including dismissal.
(A) In certain situations it may be possible for an employee, with the permission of his/her department head and Elected Official, to work an adjusted or flexible work schedule. The schedule must not cause a reduction in the ability of that employee's department to properly perform its duties and responsibilities. Further, the establishment of a flexible schedule may not result in the need to hire other employees or the use of overtime to cover those “traditional” hours not worked by the employee working a flexible schedule.
(B) The employee is still eligible to overtime pay for all hours worked in excess of forty (40) hours in one week. (See Vacation Section for additional details.)
(A) Under certain circumstances it may be necessary to close one or more County facilities due to natural hazards or catastrophes. If a facility is closed, employees will be notified via telephone, if possible. In the case of severe weather, employees should listen to local radio stations for information regarding closings and when the County will be open for business. Employees should also contact their Department Head to find out if their department is open.
(B) When a facility is closed, and an employee was scheduled to work that day, the employee is excused from work and will be paid their regular rate of pay for that day if he/she were scheduled to work. In the event that the employee is required to report for work during an emergency closing (such as maintenance or to secure records, etc.), the employee is not entitled to additional compensation.
(A) Pay Periods - Employees are paid every two weeks on Monday. The first day of the pay period is Monday and ends 14 days later on Sunday. Time sheets are used to determine the amount an employee is paid each pay period and serve as the official record of an employee's service to the County.
(B) Paydays - Paydays occur on Monday. No other person is allowed to “pick-up” an employee's paycheck without the employee's permission in writing.
(C) Payroll Deductions - There are two types of payroll deductions, those mandated by the government and those that employees choose to make.
(D) Mandated Payroll Deductions - Certain deductions are made from employees' paychecks as mandated by the state and/or federal government or court. These deductions include:
(1) Federal Income Taxes (as indicated by an employee on the W-4 federal income tax withholding form)
(2) State Income Taxes (as indicated by an employee on the state income tax withholding form)
(3) PERF Contributions
(4) Social Security (FICA) and Medicare (MCARE)
(5) Court ordered child support and garnishments
(E) Voluntary Payroll Deductions
(1) Employees may choose to have any or all of the following that apply to them deducted from their paychecks:
(a) Health insurance contributions
(b) 457 Supplemental retirement contributions
(c) Supplemental insurance plan contributions
(d) Credit Union
(e) U.S. Savings Bonds
(f) Political contributions
(g) Pre paid legal assistance
(h) United Way Contributions
(2) Employees may elect to have voluntary deductions taken from their pay only if they authorize deductions in writing.
(F) Direct Deposit of Paychecks - Employees may elect to have their paychecks directly deposited with most banks, credit unions and financial institutions.
(G) Paycheck Errors, Lost Paycheck, or Stolen Paychecks - Employees who discover a mistake in their paycheck, lose their paycheck, or have it stolen must notify their payroll clerk immediately. In the case of a mistake, the error will be remedied as quickly as possible. In the event of a lost or stolen paycheck, the employee may have to wait up to sixty (60) days before the check is reissued.
(A) This policy applies to all County employees including those covered by a collective bargaining agreement, unless the bargaining agreement or contract explicitly addresses the issue in a manner contrary to this chapter. In those instances, the terms of the bargaining agreement or contract will supersede the terms of this chapter.
(B) It is the policy of the County to set up orderly policies and practices to ensure consistency in normal changes to employee status. Changes in employment status may result from any one (1) of the following:
(1) Temporary Transfers - A temporary transfer is one that is needed to accommodate extended leave situations, temporary vacancies or any other situation involving an overload or crisis.
(2) Lateral Transfer - A transfer of personnel between departments for individuals meeting the job qualifications. Request for transfer must be made in writing and approved by the elected official overseeing that division or department.
(3) Promotions
(a) Job openings shall be posted in each department in a location accessible to all employees and in designated areas. Existing employees may be considered first.
(b) A number of factors may be considered in evaluating an employee for possible promotion including:
1. Ability to meet job qualifications
2. Previous employment evaluations
3. Educational qualifications
4. Experience
5. Prior attendance records.
(c) Current employees requesting a promotion to a vacancy must apply with the department with the vacancy and fill out the necessary paperwork.
(d) Any promotion shall be considered probationary for a period not to exceed ninety (90) days. The performance shall then be evaluated at that point and a final decision made. During the probationary period, the employee may not apply for any other open position.
(e) Although the County is committed to promoting its existing workforce, it reserves the right to hire outside personnel rather than promote from within a department for supervisory positions.
(4) Demotions
(a) An employee may request to be placed in a lower job classification for whatever reason provided the position is vacant and the employee is qualified for the position. Demotions may also occur due to reorganization.
(b) Demotions may also occur due to disciplinary issues and as an alternative to termination, providing the employee is able to perform the duties of the new position. Demotions for inadequate performance will be permitted as follows:
1. Demotions must be made upon documented evidence that the employee has received prior warning and assistance to attempt to overcome inadequacies and has not been successful.
2. The employee's previous position is not vacant.
3. If there is not a vacancy, the employee will be placed on a temporary leave of absence without pay until a position opens for which the employee is qualified.
(c) In the event that an employee is promoted or demoted, any balance of unused vacation, sick or personal days is transferred with the employee to his/her new position. The value of the transferred leave days shall be paid at the employee's new rate of pay. All remaining compensatory time must be used or it will be paid at the employee's old rate of pay.
(5) Reduction in Force
(a) Like all employers, certain conditions may arise where the County may find it necessary to reduce employment. A reduction in force or layoff may occur for one of the following conditions:
1. Lack of work,
2. Budgetary restraints
3. Reorganization which eliminates a position(s)
(b) In regard to recall rights, this policy does not apply to policy-making positions, part-time positions, temporary positions or probationary employees. The County will not layoff full time employees and replace those positions with part time employees. Layoffs may occur in any other order at the discretion of management. However, if all other qualifications are equal, seniority will be used as a determining factor.
(c) Employees who are subject to layoff will be given as much notice as possible of the reduction in force and at least two (2) weeks of notice in writing if the layoff is for more than five (5) working days. Laid-off employees are entitled to priority in recall if the old position becomes available during the six (6) month period following layoff or another position that the laid off employee is qualified for. Departments may extend this period beyond six months. Those laid-off last will be recalled first if qualified. In the event that two or more qualified employees were laid off on the same date the recall will be governed by seniority.
(d) Benefits available during lay-off
1. Vacation and sick time will remain intact for the first 30 days unless used. The employee will not accrue additional time during layoff.
2. No pension benefits will accrue.
3. Reimbursement for all unused compensatory time.
4. After 30 days an employee on layoff, the employee may continue health insurance benefits but will be solely responsible for payment of the premium (See COBRA Section for more details).
(6) Terminations
(a) All terminations must be documented in writing to the employee, the employee's personnel file, and the elected official over that division of government. All terminations for cause must be approved by the elected official. Terminated employees are entitled to payment for vacation time accrued but not taken during the year of separation. Terminated employees will not be paid for unused personal days or sick days but will be reimbursed for all unused compensatory time.
(b) An employee may be discharged for cause for any of the following, including but not limited to:
1. Unsatisfactory work performance
2. Failure to satisfy the conditions of employment
3. Conduct unbecoming a County employee
4. Malfeasance, including criminal conduct or conflict of interest
5. Insubordination
6. Violations of departmental rules and regulations
(c) Indiana is an “at-will” state and as such the County reserves the right to dismiss employees with or without cause as the need arises. Please see “Guidelines for Conduct” in the Employee Responsibilities section of this handbook for additional information.
(7) Resignation - If an employee chooses to voluntarily resign his/her position with the County, the separation is final and the employee is entitled to be paid for any vacation time, personal time and sick time accrued but not taken during the year of separation.
(8) Retirement - If an employee chooses to retire, he/she must advise the department head in writing at least thirty (30) days prior to the chosen date. The employee is entitled to payment for any vacation time, personal time and sick time accrued but not taken during the year of separation.
(9) General Rules Applying to Termination, Resignation, and Retirement
(a) It shall be the responsibility of the department head to complete the following upon termination (voluntary or involuntary) of an employee:
1. Retrieve all keys, tools, and any other County property the employee may have in his possession.
2. Retrieve employee I.D.
3. Complete a change of status form which can be obtained from Data Processing.
(b) All forms must be completed within seven (7) days of the termination.
(c) No severance pay of any type shall be paid to any employee of the County upon separation of employment.
(10) Exit Interviews
(a) When an employee leaves County employment voluntarily, an exit interview should be held by the department head to clarify and discuss the following:
1. Separation payments including discussion of payment of vacation or personal time (if applicable).
2. Status of benefits after termination.
3. Answer any other questions the employee may have at separation.
(b) A standard exit interview form may be obtained from Human Resources.
(11) Employee Death
(a) In the event that an active employee passes away, that employee's survivors are entitled to:
1. Payment of any unpaid work hours, overtime or compensatory time.
2. Payment of any unused vacation, sick and personal days.
3. Life insurance benefits if applicable.
4. Workmen's compensation benefits if the death results from a work-related accident.
(b) It shall be the responsibility of the Insurance Department to assist the employee's survivors in obtaining payments and insurance benefits.
(A) Performance evaluations are an important part of the employer-employee relationship. Evaluations provide a formal method of communication between an employee and his/her supervisor. All employees shall be evaluated on a regular basis by the department head or his/her designee. At a minimum, evaluations shall occur:
(1) At least one (1) week prior to the completion of the probationary period.
(2) At least annually.
(3) Whenever any change in employment status is initiated.
(B) The Human Resources Office shall provide the evaluation form to be used and the department head has the discretion to include any other evaluations which may be unique to the position. All completed evaluation forms shall be signed by the employee. Should the employee choose not to sign the evaluation, the evaluator shall mark “Refused” on the signature line, and initial that entry. A copy of all completed forms shall become part of the employee's permanent file (kept within the employee's department).
(C) Temporary Reassignment - In certain circumstances, an employee may be temporarily or seasonally reassigned to another department. Whenever such a reassignment occurs, that employee will be evaluated by the new supervisor. If the reassignment is less than one year, both the temporary and permanent supervisor will evaluate the employee.
(A) An employee's official personnel file is maintained by the department bookkeeper who has been entrusted with maintaining those files with strict confidentiality. Notes, letters, the employee's official evaluations and other matters that require documentation shall be provided to the bookkeeper for placement in the file. To assure that personnel files are maintained in accordance with state and federal regulation, it will be the decision of the department head as to whether a document is eligible for inclusion in a personnel file.
(B) The County will take every possible step to safeguard the confidentiality of an employee's personnel file. It is available for review/access by others only under the following circumstances:
(1) Ordered by a court;
(2) Requested by a department head or supervisor for review for a transfer, promotion, disciplinary or other personnel action;
(3) Required by state or federal law;
(4) Needed to be reviewed to answer a complaint of discrimination filed by the employee with the Indiana Civil Rights Commission, the E.E.O.C. or for compliance with any state or federal regulatory agency.
(5) The following information can be released to the general public including the news media as required by Indiana statute (IC 5-14-3-4):
(a) The name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience or date of first and last employment of present or former employment;
(b) Information relating to the status of any formal charges against the employee; and
(c) Information concerning disciplinary actions in which final action has been taken and that resulted in the employee being disciplined or discharged.
(C) As required by federal and state law, medical records, worker compensation files, sexual harassment complaints and requests for Family and Medical Leave, shall not be co-mingled with the employee's regular personnel file. Instead a separate file will be maintained for those issues.
(D) Employees may periodically review their personnel file during regular business hours. The employee may be asked to sign a log recording when the file was accessed. Employees should alert the department's bookkeeper to perceived discrepancies and work to resolve the matter. Should those efforts fail, the employee may file a grievance to correct any alleged discrepancies.
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