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(A) (1) The County Board of Commissioners shall determine employment policies not inconsistent with other applicable law governing the employment of all county employees subject to this chapter.
(2) In addition, the Board shall approve all compensation schedules, policies and employee benefits affecting county officials, officers and employees; determine the holidays observed by county offices; provide direction to the County Manager in promulgating employment procedures; appoint a county Revenue Director pursuant to procedures set forth in G.S. Chapter 105; and perform any other duties required by G.S. Chapter 153A, Article 5, Part 4 or other applicable law.
(B) (1) The County Manager shall be the County Personnel Officer and shall be responsible to the Commissioners for the administration and technical direction of the county’s personnel program.
(2) In accordance with G.S. § 153A-82, and the policies stated in this chapter, the County Manager shall have ultimate authority and responsibility without prior approval from the Board of Commissioners for appointments, suspensions, dismissals and other employment procedures of all employees except those elected by the people or whose appointment is otherwise provided for by law. To this end, the County Manager shall have the authority and duty to establish employment procedures for the employees of county government subject to the terms of this chapter and in accordance with future policy directives of the Board of Commissioners.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
(A) The county is committed to complying with all applicable federal, state and local laws that pertain to employment and to providing a work environment that is free from discrimination of any kind.
(B) Discrimination against applicants to and employees of Wake County Government in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment on the basis of race, color, religion, sex (including pregnancy and wages), national origin, age, disability, genetics, veteran status, sexual orientation, gender identity or expression, family status or political affiliation is prohibited.
(C) Federal law and Wake County policy prohibit retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.
(D) The definitions of race, color, religion, sex (including pregnancy and wages), national origin, age, protected veteran status, disability and genetics will be those promulgated by the U.S. Equal Employment Opportunity Commission.
(E) The County Manager may institute procedures to ensure equal employment opportunity and maintain Equal Employment.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006; Ord. passed 9-21-2015)
(A) Positions of the county may be designated as permanent or temporary and may be full time or part time.
(B) All appointments leading to regular status in full-time or part-time permanent positions shall be subject to successful completion of a probationary period. The probationary period shall be regarded as an integral part of the selection process and shall be used for evaluating the employee’s performance and adjustment to the position and for rejecting any employee whose performance or conduct is unsatisfactory. The probationary period shall be 12 months, except where probation of a different duration is proscribed by applicable law or regulation. Employees in probationary status serve at the will of the county. Employees who are not dismissed during the probationary period will be deemed to have successfully completed their probation and will attain regular status in the position.
(C) For purposes of administrative efficiency and proper personnel management, the county shall maintain a current position classification plan that standardizes position titles indicating the duties and responsibilities of each position. The County Manager has delegated the administration and maintenance of the classification plan to the Human Resources Director, who shall determine the duties of each position and shall promulgate procedures to establish, revise and maintain the classification plan so that it accurately reflects the duties performed by each employee in the classification system. The Human Resources Director shall make administrative amendments to the classification plan which includes amending the job family, sub family, title and level of positions as needed and based on labor market conditions.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006; Ord. passed 7-17-2007; Res. passed 11-18-2019)
(A) A plan of compensation for all positions shall be established by the Board of Commissioners and shall be maintained on a current basis. The plan will include salary bands commensurate with the responsibility and difficulty of the work, and will take into account the prevailing compensation for comparable positions in the recruiting area, in other agencies of government and other relevant factors. It will provide for the salary advancement of employees based upon performance, job requirements and job responsibilities.
(B) Each salary band will have a minimum, midpoint and maximum rate of pay. Employees shall be paid only for hours worked plus paid leave as authorized herein, except as provided for by the Department of Labor regulations governing the fluctuating workweek. Absent the use of accrued leave, the employee’s pay must be reduced for absences, for personal reasons or because of illness or injury of less than one workday.
(C) Approval of all personnel actions shall be subject to the availability of funds. The County Manager shall take no personnel action, which would expend funds in excess of those appropriated for salaries and wages in a fiscal year.
(D) To reward the faithful service of regular employees who have at least ten years of current and/or reinstated service coverage as an employee of the county government under the state’s Local Governmental Employees’ Retirement System or the state’s Law Enforcement Officers’ Retirement System, the County Manager shall implement procedures for awarding an annual longevity payment program. Eligibility requirements and the formula for calculating longevity payments shall be approved by the Board of County Commissioners. Note: Employees who are hired or re-employed on or after 6-16-1995, will not be eligible for longevity pay.
(E) The County Manager shall establish general policies and procedures governing compensation of employees who are newly hired, reinstated, reclassified, promoted, demoted or transferred. The County Manager shall establish and the Board of Commissioners shall approve rules and procedures not inconsistent with state and federal law governing compensation for expenses, overtime work, part-time work, temporary work, longevity payments, fringe benefits and other matters. The Board of Commissioners must adopt any change in compensation or benefits for county employees before the change can become effective.
(Ord. passed 11-4-1985; Ord. O-93-8, passed - -; Ord. passed 7-17-2006)
(A) For purposes of recognizing and rewarding quality work performance, improving productivity and accountability, enhancing employee performance through objective-setting and open communication, promoting career development, maximizing individual employee potential and ensuring the efficient functioning of county government, the County Manager shall maintain a system of performance evaluation and performance increases.
(B) The Board of Commissioners shall annually evaluate the performance of the County Manager, the County Attorney and the Clerk to the Board. The County Manager shall evaluate, at least annually, all other top management employees, as senior administrative staff, department heads and nonelected officials.
(C) Subject to available funding, a performance increase may be awarded based upon performance and position in the salary range. The County Manager shall establish rules and procedures governing performance evaluations of, and the award of performance increases to, county employees, which rules shall be approved by the Board of Commissioners.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
(A) General. County offices will be open for business on weekdays from the hours of 8:30 a.m. to 5:15 p.m., unless otherwise provided herein. A department head may vary an employee's work schedule from these days and hours in accordance with established administrative procedures or when the normal performance of mandated departmental duties so requires.
(B) Holidays.
(1) The following days and the other days as the Board of Commissioners may designate are holidays for the county government employees:
(a) New Year's Day;
(b) Martin Luther King Jr. Day;
(c) Good Friday;
(d) Memorial Day;
(e) Independence Day;
(f) Labor Day;
(g) Veteran's Day;
(h) Thanksgiving Day (two days);
(i) Christmas Day (three days); and
(j) Juneteenth.
(2) Employees who wish to observe religious holidays other than those designated herein shall be allowed to request and take annual leave for the purpose if their absence will not create a hardship on other county employees or impair the efficient operation of the employee's office.
(C) Annual leave.
(1) It shall be the policy of the county to grant paid annual leave as a privilege for its employees. Annual leave for probationary or regular full-time (40-hour work period) employees shall be computed at the following rates:
Years of Current and Reinstated Service | Minutes Earned Each Month | Hours Earned Each Year | Days Earned in One Year |
Less than 5 years | 560 | 112 | 14 |
5 but less than 10 years | 680 | 136 | 17 |
10 but less than 15 years | 800 | 160 | 20 |
15 but less than 20 years | 920 | 184 | 23 |
20 years or more | 1,040 | 208 | 26 |
(2) Benefits-eligible employees will accrue prorated annual leave in direct proportion to annual scheduled work hours at the time of the accrual. No employee may be granted annual leave in excess of the amount accumulated.
(D) Sick leave.
(1) Sick leave is a privilege granted to probationary and regular county employees and may be used only in cases of personal illness, disability or related examination or treatment of an employee of his or her immediate family. Full-time (40-hour work period) employees shall earn sick leave at the rate of 480 minutes per calendar month or 12 days per year. Benefits-eligible employees will accrue prorated sick leave in direct proportion to the annual scheduled work hours at the time of the accrual. Sick leave may be granted and taken to allow an employee to attend a family member’s funeral or to tend an ailing member of his or her immediate family. No employee may be granted sick leave in excess of the amount accumulated.
(2) Effective July 1, 2024, Wake County also provides additional sick leave based on the total years of Wake County service. Benefit-eligible employees will accrue additional sick leave based on total years of service in a Wake County benefit-eligible position up to a maximum of 240 days. All other sick leave will accrue without a limit.
Additional Sick Leave | |
Years of Service | Annual Contribution |
5 | 60 days |
10 | 60 days |
15 | 60 days |
20 | 60 days |
Total | 240 days |
(E) Parental leave. Wake County offers paid parental leave to parents for the birth, bonding and care of a child. The purpose of paid parental leave is to allow up to eight weeks of paid leave for regular benefits eligible employees of the County for: parental care of a newborn or a child placed for adoption, foster care, or guardianship within 12 months of the qualifying event. Paid parental leave is provided to supplement the unpaid leave provided under the federal Family and Medical Leave Act and is provided in accordance with the federal Family and Medical Leave Act.
(F) Community involvement leave. The County recognizes the value of actively contributing to one's community and is committed to supporting employee involvement in civic, educational and not-for-profit activities. Full-time employees (scheduled for 2080 hours/year or 40 hours/week) shall earn community involvement leave at the rate of 16 hours per calendar year. Benefit-eligible employees with a different set of annual hours will receive community involvement leave in direct proportion to their annual scheduled work hours.
(G) Bereavement Leave. Wake County understands the importance in supporting employees as they grieve the loss of a family member. Full-time employees (scheduled for 2,080 hours/year or 40 hours/week) shall receive bereavement leave at the rate of 40 hours per calendar year. Benefit-eligible employees with a different set of annual hours will receive bereavement leave in direct proportion to their annual scheduled work hours.
(H) Military leave. Military leave will be granted, in accordance with federal law, to any benefit eligible employee for active duty in the U.S. military service. Military training leave is available to benefit eligible employees for training required for continued membership in the National Guard or Armed Forces reserve. Full-time employees (scheduled for 2,080 hours/year or 40 hours/week) shall earn military training leave at the rate of 96 hours per calendar year. Benefit-eligible employees with a different set of annual hours will receive military training leave in direct proportion to their annual scheduled work hours.
(I) Civil leave. The following shall apply, except as may be otherwise provided by the federal Family and Medical Leave Act, being 29 USC 2611 et seq., as amended from time to time.
(1) All probationary and regular employees who serve on jury duty are entitled to leave with pay for the period of absence required.
(2) When an employee is subpoenaed to testify in a matter related to his or her employment, no leave is required. When an employee is subpoenaed to appear as a witness in a civil or criminal trial or appears as the prosecuting witness in a criminal proceeding, he or she may obtain civil leave with pay for the purpose of testifying. When an employee attends a court hearing as a party or interested party to the proceedings and the case is not connected with his or her official duties, the employee must obtain unused holiday leave, annual leave or leave without pay in accordance with county leave policy.
(J) Worker's compensation leave. An employee who is accidentally injured on the job or who otherwise becomes eligible for Worker's Compensation shall request Worker's Compensation leave instead of using sick leave. The employee will not be compensated for the first seven days of disability unless the disability continues for more than 21 days.
(K) Leave without pay. A probationary or regular employee may be granted a leave of absence without pay for up to three months. This leave may be used for extended personal or family disability, continuation of education, special work that will permit the county to benefit by the experience gained or the work performed, or other personal reasons. Leave without pay for purposes of covered military and Public Health Service will be granted in accordance with federal law. Failure to report to work at the expiration of a leave of absence will be considered a resignation.
(L) Paid family illness leave. Wake County offers paid family illness leave to employees for the care of a family member with a serious health condition. The purpose of paid family medical leave is to allow up to three weeks of paid leave for regular, full-time or part-time benefits eligible employees of the county for a family member, as defined by county administrative policy, undergoing recovery from or treatment of a serious health condition as defined under the Family Medical Leave Act (FMLA).
(M) Wellness leave. Wake County supports the mental health and well-being of its employees. Wellness leave provides employees two workdays of paid leave per calendar year to destigmatize finding support for mental health concerns and aims to increase workforce productivity by allowing employees to rejuvenate and renew to bring enhanced creativity and focus to their roles.
(N) Administration of leave policies. The County Manager shall establish rules and procedures governing the administration of leave benefits, including, but not limited to, requests for and approval of leave, accrual and carry-over of leave, reinstatement and transfer of leave benefits, supporting documentation required for approval of leave and other matters as are necessary or appropriate to implement the policies of this section.
(Ord. passed 11-4-1985; Ord. O-93-8, passed - -; Ord. passed 7-17-2006; Ord. passed 9-18-2017; Ord. passed 8- -2018; Res. passed 12-2-2019; Ord. passed 7-6-2020; Ord. passed 10-3-2022; Res. passed 11-20-2023; Res. passed 1-2-2024)
A grievance may be filed by an employee for the following reasons: A written warning, suspension, dismissal or an involuntary reduction in pay, rank or status. For purposes of this chapter, position classifications, reductions in force, failure to receive a performance increase, nonadoption of suggestions and similar matters within the sole discretion of management are not normally reviewable by a grievance proceeding. The county will provide a procedure for presentation and settlement of grievances for all employees and former employees except when preempted by the State Personnel Act. The County Manager shall establish rules and procedures governing filing, processing and reviewing of employee grievances and shall institute specific procedures to resolve disputes involving allegations of unlawful employment discrimination.
(Ord. passed 11-4-1985; Ord. passed 7-17-2006)
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