(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.