Policy Book -Current Standing on Sections 2-12-09
Due to changes, page numbers may not match earlier versions.
Sections 1 - 3, and 5 were discussed and agreed upon during the
Commissioner's Court workshop 12-08-08 (pg 139 minutes) with the
following subsections small changes:
• Section 1.03 need page number
• Section 1.26 need rewording per Rex
• Section 3.07 need Sheriffs Security Policy wording
^ Section 1 -Personnel Policies
^ Section 2 -Separation
^ Section 3 -Employment and Employee Standards and Practices
• Section 5 -Wages and Salary Administration
^ Section 10 -Information Technology Policy was approved by Court
Order June 14, 2004 and is posted on the Kerr County Information
Technology web page.
^ Section 11 -Family and Medical Leave Act (FMLA) Approved by
Court Order #31206 on 2-13-09.
Sections to be reviewed by Commissioners Court -Subject to the call of the
Chair:
^ Section 4 -Benefits and Leave
^ Section 6 -Drug and Alcohol Use
^ Section 7 -Safety
^ Section 8 -County Facility Security (Sheriff will author this for us)
^ Section 9 -Business Policies and Guidelines (need new title? Or
combine with Sec 12)
^ Section 12 -Business Policies and Guidelines (need new title? Or
combine with Sec 9)
~?~~ ®Revised 02-13-2009
4.00 Benefits and Leave ~ ~ - ~ , -
4.01 Emulovee Benefits
Eligible employees of Kerr County are provided a wide range of benefits. Social
Security, workers' compensation, disability, and unemployment insurance cover all
employees in the manner prescribed by law. Benefits eligibility depends upon a
number of factors, including employee classification. Human Resources can identify
the programs for which you are eligible. Det~aiLs of many of these programs can be
found in this employee Handbook. Some may require contributions from the
employee, but Kerr County pays many of them. For more information, see Human
Resources.
4.02 Vacation Benefits ~ s -;~~ ;"~_, ~ z ~~ ~_ ° -
Vacation time off with pay is available to eligible employees. Regular full time
employees are eligible to earn and use vacation time as described in this guidance.
Once a new employee enters an eligible employment classification, they begin to earn
paid vacation time according to the schedule. However, before vacation time can be
used, a waiting period of sig (6) months must be completed. No vacation leave benefits
can be used by a new County employee during the initial six (6) months of
employment Employees cannot take vacation time until it is earned.
Upon completion of the initial waiting period, vacation leave benefits will be computed
from the date of employment and be credited to the employee. Employees separated
during the initial. six month waiting period will not be paid for accumulating- leave.
Thereafter, vacation leave is earned and credited to the employee's record the first day
of each month
Regular employees earn vacation leave as follows:
F1T Employees (R32+) Years of Employment Vacation to be earned
Years 1 through ~ 1-10 yrs 80 hours (6.67 hours per uiontli)
Years t zroug i 11 through 30 130 hours (10 hour per month)
Years 'r'_ vraivL-~ ~ 1 & beyond 160 hours (13.34 hours ger month)
P/'T Emp~yees (R32-) Years of Empl~pment Vacation to be earned
Years lroug i 1-10 ~*rs 40 hours {3.34 hours per month}
Years 11 through 30 60 hours (5 hours per month)
Years T3ZSt-n~er~e ? 1 & beyond 80 hours {6.67 hours per month)
Vacation cannot be used until it is earned. Employees who have completed their six.
month waiting period and who follow the Separation guidelines (Section 2,1) will
receive their accumulated vacation hours. ~~a'a-rr--ri* riora-i~mrv-nvvee-~ti ~~v
res tin e o
32
~~~ ®Revised 02-13-2009
Vacatian leave ~jbz used in the following manner:
V n rn d F u ite 1
80 hour. daps ~~ 40 con. five hrs
130 h daps 5 c 40 i~~ecutiv
16 tours / ?0 da,~s daiTs consecutive hrs x ~ x 1
aca on ti 1 is 1 11 c 11 r s
b b
receive ietr aceumu t vacation Sours. Failure to give a
resu t in
aca ' can bz u_~d. in the following manner.
Vacation Earned rented
80. hours / 10 dais 5 davG 40 consecutive lus
1?0 hours / 15 5 dais 40 copse -.
..0 dais 10 daps 40 consecutive lus x 3 or
4.03 Vacation Cay
Employees are encouraged to schedule and use available paid vacation time. The
maximum allowable cumulative of unused vacation leave is 160 hours or 20 daps. If the
total amount of unused vacation time reaches 160 hours/2A days, further vacation
accrual will stop. When the employee uses paid vacation time and brings the available
amount below the cap, vacation accrual will begin again. The ma~.mum vacation time
an employee shall have available to use at app given time is the amount of unused time
the employee had the 1" of the month as outlined in 4.02 paragraph two (2).
4.04 Sick Leave Benefits
Kerr County provides paid sick leave benefits to all eligible employees for periods of
temporary absence due to illness or injury. Sick leave benefits begin the first day of the
month FoIlawing one full month of employment
Example: Employee begins work October 10`x. Employee earns their first sick leave
December 1".
Fkistrpcvt=Sick leave covers absences for pregnanc~T or childbirth {See FMLP~. Regular
fullxime and part~ime employees are eligible. Classified employees who accrue 240
hours of sick leave will, on a pearly basis (normally in December) be paid for half of
whatever sick leave is accrued in excess of 240 hours (paid for hours accrued as of the
date checks are written).
Employees map not work another job during the hours for which they are receiving pap
Sick Leave.
33
~~~ v Revised 02-13-2009
Paid sick leave can be used in minimum increments of one (1) hour. Eligible employees
may use sick leave benefits for an absence due to their own illness or injury or that of an
immediate family member.
Kerr County defimes "immediate family" as the employee's spouse, Parent, grandparent,
child, grandchildren, sibling, or the employee's spouse's P~~ P~~ ~dP~t+
child, grandchildren, sibling and living within same household.
Employees absent with permission because of illness during the first month of
emplogment will have the missed number of hours pay subtracted from their pay on
their paycheck.
Employees unable ro report to work due to illness or injury must personally notify their
direct supervisor at least 2 hours before the scheduled start of their workday if possible.
To substantiate a request for sick leave for anon-FMIA qualifying reason, Department
Heads may require an employee to provide a physicians statement for any period of Sick
Leave.
The employee will personally contact their direct supervisor on each additional day of
absence until they return to work. If an employee is absent for three or more
consecative days due to illness or injury, a physicians statement is required verifying
the nature of the illness (see FMI.A Policy), including stating the beginning and
expected ending dates. Such verification maybe requested for other sick leave absences
as well and maybe required as a condition to receiving sick leave benefits.
Approval of sick leave for non-emergency medical, dental, or optical appointments
must be secured at least two (2) weeks in advance. Departments must report leave on
the payroll time sheet Failure to provide the required notice may result in the
employee's being placed in an unpaid status and could result in disciplinary actions.
Employees are expected to retorn to work as soon as their reasons for leaving are
accomplished.
Sick leave benefits are calculated based on the employee's base pay rate at the time of
absence and will not include other forms of compensation.
When an illness or physical incapacity occurs during the time an employee is on
vacation leave, accrued sick leave maybe granted to cover the period of illness or
incapacity and the charge against vacation leave reduced accordingly. A medical
34
I~~~ P Revised 02-13-2009
certificate or other acceptable evidence must support application for sick leave
substitution.
An employee who exhausts earned sick leave must use all accumulated paid leave(s)
before requesting unpaid leave of absence without pap (if eligible). No advances are
authorized (paying for time not earned).
Sick. leave benefits aze intended solely to provide income protection in the event of
illness or injury, and may not be used for any other absence. Willful misuse of sick
leave benefits can result in disciplinary action up to and including separation.
4.05 Social Security
Kerr County participates in the Federal Old Age, Survivors', Disability and Health
Insurance Program (Social Security and Medicare).
4.06 Retirement
Kerr County is a member of the Texas County and District Retirement System
("TCDRS"). During "New Hire Orientation" Human Resources distributes a copy of
the TCDRS Member Information Guide describing the TCDRS benefits to eligible
employees. Obtain.additional information regarding Kerr County TCDRS from
Human Resources.
]n accordance with state law, Commisioners' Court determines the amount of employee
and employer contributions to TCDRS. TCDRS calculates and pays Retirement
benefits.
All employees except those in Temporary Positions and Temporary Model Positions
must make contributions to TCDRS.
Employees who want to retire must submit a completed retirement application packet
to Human Resources at least 30 and not more than 90 days before the proposed
effective date of Retirement The effective date of Retirement must be on the last day of
a month and must not be earlier than:
• 1 year after the employee establishes membership in the TCDRS and
• the date of the employee's separation from employment
4.0? Workers' Comvensation
Kerr County provides Workers' Compensation benefits at no cost to emp,~yees. The
county provides Workers' Compensation benefits for accidents, illnesses, or injuries
employee sustain in the course and scope of employment in accordance with the
existing Texas Workers' Compensation laws.
This program covers injuries or illness sustained in the course of employment requiring
medical, surgical, or hospital treatment Subject to applicable legal requirements,
35
I~~ e Revised 02-13-2009
workers' compensation insurance provides benefits after a 7 day waiting period, or if the
employee is hospitalized, immediately (exception: no 7 dap waiting period for law
enforcement officers). Employees with a work related incident with or without
sustaining a work related injury or illness must inform their supervisor immediately.
will complete a First Report of IneidentlInj~ry form indicating the details of the
incident/injurv. It is nr~ dot that the incident or injury is reported to Human
Resources within 24 hours via fag (note: if an injury occurs on a Friday between the
close of business S:OOp.m.) and the start of business (8:00 a.m.) on the following
Monday, the injury will be reported within 24 hours from the start of business on
Monday. This will enable the employee to qualify for the coverage as quickly as
possible. Failure to report an onxhe-job accident, illness, or injury in a timely manner
map result in the loss of or denial of Workers' Compensation benefits. Utilize the
Workers' Compensation First Report of liLCident/Injury obtained from pour
depamnent head or Human Resources.
Workers' Compensation benefits are subject to any deductions required by law or by
court order (e.g. child support payments). Employees are responsible for making
arrangements for payment of any voluntary payroll deductions.
An employee receiving Workers' Compensation does not accrue vacation or sick leave
and is not entitle to receive holiday pap.
While on leave because of a bona fide, on the-job, work related injury, each time the
employee sees the physician for consultation or treatment, they must provide a progress
report to Human Resources. Any change in the employee's condition, which might
affect their entitlement to Workers' Compensation payments, must also be reported to
Human Resources. In addition, the injured employee must contact thier Department
head weekly to report on their condition. Failure to provide the required medical status
reports or to contact their Department Head on the schedule required is grounds for
taking disciplinary action.
A written statement from the attending physician certifying that the employee has been
released to return to work and specifying the type(s) of work they are capable of
performing as well as any limitation(s) must be received by Human Resources before an
employee map return to work. All employees on injury leave must report to work after
approval of either the employee's attending physician or an independent physician paid
by the County. Failure to return to work when directed will result in appropriate
disciplinary action up to and including separation of employment
Total Disability Retirement
A determination of total disability map be rendered at any time during the course of the
occupational disability or injury leave. Upon such a determination, the County Auditor
and County Human Resources Director, in consultation with the Comn~~ioners'
36
~~~ v Revised OZ-13-2009
Court, will make the necessary arrangements for the employee's retirement under the
"on the-job disability" clause of the coverage provided by the County's retirement plan.
Payroll Procedures:
Employees must use available Sick Leave and Vacation Leave during the first 7
calendar days of lost time for a compensable injury.
If the absences are not designated as FMLA, then the employee must also use available
Compensatory Time during the first 7 calendaz days. If the absences are designated as
FMLA, then the employee may choose to use available Compensatory Time during this
period, No other supplement is authorized.
After ? calendaz days, the department must code the employee's absences as Workers'
Compensation.
If an employee is eligible for FMI.A leave and the Workers' Compensation inju.ry~is
a Serious Health Condition as defined in 4.05, Human Resources simultaneouslq
designates the Workers' Compensation absences as FMLA.
Employees do not receive Paid Leave or accrue Sick Leave while on Workers'
Compensation leave except as provided in the "Payroll Procedures" outlined in 4.07.
Employees who return to work for their regularly scheduled hours must use available
Paid Leave for time off for doctor's appointments or any other followup treatment
related to the compensable injury.
Sheriff s Office Personnel -Utilize Sheriffs Personnel and Policy Procedures as
outlined by Statutes.
4.08 County Health Plan(s)
NOTE: Subject to amendment or discontinuance at any time, Commiccioners' Court
provides certain County Health Plan(s) to employees, retirees, and eligible dependents
in accordance with the following sections and provisions.
E ' ' ili
Employees
Department Heads and F/T Employees (R32+) aze eligible for these benefits.
Eligibility for these benefits begins on the first dap of the calendaz month
following 2 full months (60 days) of continuous employment as a F/T
Employee (R32+) unless the insurance policy(ies) in effect at the time specify a
different period.
37
~~~ ~ Revised 02-13-2009
Example: An employee starts work July ?°a. Employ*ee reaches 3 full uiontlti~ of
continuous emplo~~nent on September ?°d. Employee i`s eligible for the County Health
Plan(s) on October 1S`, the first da~r of the following month.
Employees who retire in accordance with the provisions of the TCDRS
(including disability Retirement) and who were covered as active employees
under the County Health Plan(s) in effect at the time of Retirement are eligible
to retain certain benefits coverage's).
Employees who, at the time of separation, will be eligible to receive and actually
do receive Retirement benefits within 4 months and who choose COBRA
coverage as described below, are eligible to retain certain County Health Plan(s)
Kerr County's Health Plan(s) for retirees 65 or older, maybe continued by
employees/ elected oft~icials who have at least eight (8) pears of continuous
accredited service with the County and meet the TCDRS retirement rules and
wish to or akeady have retire(d). Continuation of insurance election must be
made within 30 days of employee's separation. Premiums (less any County
approved supplement for retirees with 8 consecutive pears with Kerr County at
the time of retirement and have remained on the County Health Plan or
County sponsored plan for those 6~ or older) aze due from the former
employee (payments not received by the 5`~` day of the month will result in
cancellation). Employees enrolled in county benefits who separate versus retire,
are eligible for COBRA to continue those benefits.
Deoendeats
Employees map enroll their eligible depen.dents for coverage under certain
County Health Plan(s). The effective date of dependent coverage is the
effective date of the employee's eligibility.
Covered retirees may elect to continue coverage for their eligible dependents
who were covered at the time of Retirement. After.that, retirees may not add
dependents unless there is a qualifying family status change,
If You Do Not Enroll
If you do not enroll for Plan coverage within your initial 30-dap enrollment period, you
are automatically assigned default coverage's. (See Human Resource for additional
information regarding Plan Coverage Descriptions)
38
~~~' e Revised 02-13-2004
~~~
~~,ooo Maor 1Aedical. Pra~;cler
~~,ooo -rc:~xs Plan
Tonal 1 year Salary payaUk to Benefici~~
(elide after ? y of ;en-ice)
metal death and di~iemUem~ent $~t000
tca~~l attiident in.~uanlx
acation Paid. Time Earned up to 160 lx~un; capped annual
Sicl: Lea~~ Paid Tmr Eantied 8 hotuti per month C~~ANCCE IF G Cauct Sidi lie
of plan` and optiom
di_,~ability
life and:~D&D
~.~ Can~t~ and L>ixri~-t R~,i,~,rnr Sy~.n1~RS
Plan.
39
~~~ Q Revised 02-13-2009
4.09 COBRA
The Federal Consolidated Omnibus Budget Reconciliation Act of 185 (COBRA) gives
employees and their qualified benefiiciaries/dependents the opportunity to continue
health insurance coverage under Kerr County's health plan when a "qualifying" event
would normally result in the loss of eligibility. Some common qualifying events include
but are not limited to; resignation/separation termination of employment, death of an
employee; a reduction in an employee's hours or a leave of absence; an employee's
divorce or legal separation; and a dependent child no longer meeting eligibility
requirements. Under COBRA, the employee or beneficiary pays the full cost of
car ge at Kerr County's group rates plus an adcainistrative fee. Kerr County provides
each eligible employee with written notice containing important information about the
employee's rights and obligations granted under COBRA.. Continued coverage or
COBRA payments will be sent directly by the affected. person to the insurance
company. Eligible employees, retirees, and dependents should refer to provider
materials and relevant gublications and notices given by the County for further
information.
4.10 Contributions
COmmiccioners' Court map require employees or retirees to pay a portion or all
premiums for coverage under certain Group Health Plan(s) for themselves or their
eligible dependents. Employees who are on Unpaid Leave and all retirees must make
premium payments directly to the County.
4.12 Ve " ' n of E " "ty
Employees and Retirees must submit the documentation outlined below to add eligible
dependents to the Group Health and Related Benefits coverages}.
• Spouse -Formal Marriage License or Certificate of Informal Marriage. And if
the spouse is being added because of a change in employment and/or loss of
coverage, submit proof of the lost coverage as well.
• Dependent Children - a Birch Certificate or court papers showing legal
guardianship or legal custody. Submit verification of student status as required
to prove eligibility.
• Grandclildren -Certification of Financial Dependency form as required by the
Group Health and Related Benefits provider and Birth Certificates of the child
and grandchild to show that the employee or retiree is the biological or adoptive
grandparent of the child to be added.
40
~~~ ®Revised 02-13-2009
4.13 Enrollment Periods
Ken County provides an ini ' enrollment period for newlg eligible employees to select
from among certain coverage options for themselves and to elect or decline coverage for
their eligible dependents.
Annual men enrollment periods are provided in accordance with state and federal laws
and regulations. If an annual open enrollment period is provided, employees may add
or drop dependents and make changes to benefit plan selections at that time.
Retirees max only change benefit plan selections during open enrollment periods.
4.14 Changes to Coverage Outside Oren Enrollment Periods
Other than during an annual open enrollment period, emklovees may only add or drop
dependents or make changes to their Fle~ble Spending Account contributions if a
qualifying change in familg status ocxurs as defined in the policp(ies} and under
applicable state and federal laws and regulations. R.~ir~es may drop dependents at any
time, but may only add dependents based on qualifying changes in family status.
Addins Deendents
To add dependents, employees must submit a Health and Related Benefits Change
Form, along with the appropriate documentation, through the Human Resources
Department within 31 days of a qualifying change in family status. The effective date
of the dependent coverage is the "Insurance Begin Date."
A i~uig Newborns
The effective date of dependent coverage for a newborn is the "date of birth if the
employee submits the Health and Related Benefits Change Form to Human Resources
within 31 days of the birth.
Terminatins or Drovnins Devendent Caverase
Employees must contact Human Resources to submit a Health and Related Benefits
Change Form as soon as possible following a qualifying change in family status.
Changes in dependent coverage aze not allowed if the qualifying change in family status
occurred prior to January 1 or the current calendar yeaz except in cases of a newborn
reported within 31 daps of birth, dependent ineligibility, or death.
4.15 Termination of Coverage 4~veek Rule
Ezcept as required by law, employees compensated for less than 32 hours per week for
4 consecutive weeks lose eligibility for Group Health and Related Benefits but aze
eligible to elect COBRA benefits.
Employees who lose coverage under this section and do not choose COBRA coverage
are subject to a new 2 month waiting period if they later become eligible for Group
Health and Related Benefits.
4I
~~~ e Revised. 02-13-2009
4.16 Seyaration of Emulovment
Employees who separate employment with the County Iose coverage on the "Insurance
End Date."
4.17 Failure to Pav
Employees and Retirees who fail to pay premium contributions lose their Group Health
and Related Benefits. Benefits aze not reinstated unless the employee or retiree pays
all premiums due.
4.18 Fraud or Misreyresentaxion
Anyone who commits fraud or makes misrepresentations with regard to the use of
Group Health and Related Benefits loses coverage as outlined in the respective benefit
plan documents. Further, the County, employees, and/or retirees will report all
suspected cases of fraud to the Kerr County Axtomey.
4.19 Section 125 -Cafeteria. Plan
Kerr County offers a "cafeteria" plan that provides a pre taz deduction for optional
County medical inct,ran~e premiums and Ocher insurance options. All employyees are
required to have within their personnel file or benefit software a copy of their current
year plan or ~ pretax deductions will occur. (See Human Resources for more
information)
4.20 Holidays
There is nothing in the law that requires employers to pay employees for holidays.
Paid holidays are designated and approved by Commissioners' Court for the nett
calendaz pear.
Kerr County will grant paid holiday time off to eligible reeular full/part~ime employees
immediately upon assignment as a regular full part time employee. Holiday pay is based
on the employee's straightxime pay rate (as of the date of the holiday) times the
number of hours the employee would otherwise have worked on the day. In. order to
be "eligible" for this benefit, employees must work the scheduled day before and day
after the holiday (i.e. employee must work their normal work schedule days) unless they
use paid leave.
Department heads may find it necessary to deny holidays at the scheduled time (i.e.
"around the clock" operations), and may direct some or all employees of the depamnent
to report for work on any holiday.
42
~~~ v Revised 02-13-2009
This policy applies regardless of whether the employee worked. the maximum number
of hours allowable under FLSA (40 hours per week) during the period the holiday work
occurred.
If a holiday of the current pear's list of approved holidays falls on a regular employee's
regular day off, and the employee does not work that day, they will be paid their regular
hourly amount for the pay period involved and will receive either another dap off in
lieu of the holiday or an additional day's pay at regular, straighttime hourly rate. For
most employees, recognized holidays falling on a Saturday or Sunday, the holiday will
be observed on the preceding following Friday or Monday.
Recognized holiday falling during an eligible employee's paid absence (e.g. vacation or
sick leave), holiday pay is provided instead of the paid time off benefit that would
otherwise have been applied. EniplQyees absent without approved leave on the
workday immediately vrec g; foll,~ owing a ho ' will not be paid for the holiday
4.21 Leave Without Pap /Leave of Absence (LOA)
Full time employees (R32+) who have exhausted their vacation Leave, Compensatory
Time, and FMLA leave, if applicable map request a Leave of Absence without pay.
Leaves of absence without pay to eligible regular full-time employees wishing to take
time off from work duties to fulfill personal obligations, is available with prior approval
of the Department Head and Human Resources. Eligible employees may request
personal unpaid leave only after completing 365 calendar days of paid service. Normally
employees will not be granted leave without pap if they have less than 12 months service
unless specific documented arrangements were made as part of the hiring agreement.
As soon as eligible employees become aware of the need for personal leave of absence,
they should request a leave from their department head. An LOA never exceeds 6
months (180 daps).
Requests for personal leave will be evaluated based upon a number of factors including
but limited to; anticipated workload requirements and staffing considerations during
the proposed absence. If approved, unpaid personal leave map be granted for a period
of up to 180 calendar daps per pear.
Human Resources and the Department Head working in conjunction, have the sole
discretion to place an individual on LOA without the employee's authorization.
43
~~~~ e Revised 02-13-2009
Before beginning an LOA, individuals must return all County equipment (eg. keys,
car, cell phone, computer, pager, radio, badge, etc) in their custody. Individuals on
IAA perform no services for the County and thus are not employees during this time.
Further, individuals on LOA have no job protection.
The Department Head and Human Resources must approve all requests for a leave
without pap. Approval of the leave must be documented with a copy of the
documentation to be placed in the employee's personnel or medical (if FML~ record
located with Human Resources. Employees on LOA without pay receive no
compensation and accrue no benefits. During an LOA, eligible employees previous
medical insurance can be continued under the terms of COBRA, see 4.09.
Individuals who choose COBRA during an LOA aze not subject to the Zmonth waiting
period for Group Health and Relaxed Benefits if they return to Active Dutv.
Individuals who do not choose COBRA during the LOA are subject to the 2month
waiting period for Group Health and Related Benefits i£ they return to Active Duty.
For the purpose of calculation and eligibility for certain employment bene$ts, including
Vacation, an LOA is not Creditable Service, though the individual retains the benefit
of any previously accrued Creditable Service. During an LOA, an individual receives no
Pay, including Longevity, Holidays, Sick Leave, Jury Duty, Witness Duty, Funeral Leave,
mileage reimbursement, or any other employment benefiits (i.e. cell phone).
Employees on LOA must contact the appropriate supervisor (determined prior to the
leave) at least once a week to report on his/her status unless another documented
schedule is agreed to in writix~ Failure to provide required medical status reports or to
contact the office on the schedule required by the County may result in revoking the
leave and taking disciplinary action up to and including separation.
Upon returning to work after an authorized leave of absence without pap, an employee
receives an adjusted employment date and adjusted anniversary date, which reflect the
period of time that the employee used for leave of absence. The adjusted date will be
used for the purpose of calculating vacation leave accrual and any other benefits that
map be based on longevity. There is no guarantee of reinstatement.
Failing to report to work promptly at the expiration of the approved leave period will
result in Kerr County applying a voluntary resignation.
4.22 Educational Leave
Must be approved by Commissioners' Court (i.e. Certifications, Completion of
Associates, Bachelors', Masters', or Doctorate)
44
~~~~ ~ Revised 02-13-2009
4.23 Military Leave
Military leaves of absence aze granted to most employees (except those occupying
temporary positions) if they are absent to serve in the uniformed services of the United
States for a period of up to five (5} pears (not excluding certain involuntary extensions of
serviced). Employees who perform and return from service in the U.S. Armed Forces,
the Military Reserves, the National Guard, or certain Public Health Service positions
will retain certain rights with respect to reinstatement, layoffs, compensation, length of
service promotions, and length of service pap increases as required by applicable federal
or state law (USERRA~. USERRA protects members of the Armed Forces (Army, Navy,
Air Force, Marines, and Coast Guard), the Army National Guard, the Air National
Guard, and the co*nmicsioned corps of the Public Health Services. State law protects
members of the Armed Forces (active duty or reserve), plus members of the Texas
National Guard and the State Guard, only. USERRA (and probably the state law)
protects not only those people who are akeady reservists when you hire them, but also
people who voluntarily enlist (active duty or reserves) even after they have been hired. A
person loses USERRA rights if his/her military service ends in a dishonorable or bad
conduct discharge, he separates from the military under "other than honorable
conditions", or an officer gets dismissed after a court martial, going AWOL for three
months, or having a fimalnon-military criminal conviction.
Usually, an employee gets written duty orders in advance from his/her commanding
officer, if the employee has written orders, he/she should provide a copy to the
employer. Nothing in the Act prevents an employer from adopting a policy requiring
employees to provide the notice as soon as possible. In fact, the regulations
implementing USERRA "strongly encourage" employees to provide notice as early as
practicable and at least 30 daps prior to their leave. However, the Act excuses employees
from providing advance notice of the need for leave to employers when giving notice is
precluded by military necessity or the giving of such notice is otherwise impossible or
unreasonable. Note that Kerr County Personnel Policies requires employee to provide
notice "before leaving. Normally, notification should occur within 24 hours of receipt
of the order."
Reservists who want to return to work must notify the Department Head and Human
Resources f their intent to return within timelines that are
dependent upon how long the period of military service was.
a. Less than 31 days
Must report back to work no later than the beginning of his
regularly~cheduled shift on the first full dap after his active
duty period expired allowing for 8 Hours of rest and time to
return home safely from the place of service
b. More than 30 daps but less than 181 days
Must return not later than 14 days after the completion of the active duty
c. More than 180 days
Must return not later than 90 days after the completion of the active duty.
45
~~~ ®Revised 02-13-2009
Ifa person s return to duty is delayed because he rs horspitalrzed or r+ecoverin~g~ from
an iIl ~e~s or injury iacurned dur~ the avlitarp leave, please coatact the Kerr County
Sunran Resource Office Atttnn~,ey's.L2~' 'ce to fiord out the reservist's deadliae for re-
aPP1Y~
If soinzone faiLy to meet these deadlines, then the County's situp ~ 'ts regular
rules with regard to absences from scheduled work apply. This i c includes thz No
Fault Attendance policy found in 2.01 of the Kerr County Personnel Policy Handbook.
If you have any questions reaardine military leave that are not addressed below, direct
those questions to the Kerr County Attorney's Office and human Resources. Be
vrevared to vrayide a cativ of the employee's duty orders.
4.24 Tem~rary Military Leave
Employees will continue to receive full pap while on leave for up to 15 days per annual
encampment or aainizig duty in the U.S. Military Reserves or the National Guard in a
federal fiscal year (begins October 1°` and ends September 30`x). Subject to the terms,
conditions, and limitations of the applicable plans for which the employee is otherwise
eligible, health insurance benefits will be provided. Vacation and sick leave will also
continue to accrue. The portion of any military leave(s) of absence in e$cess of 15
business daps per year will be unpaid. However, employees may use any available paid
time off for the absence. Temporary Military Leave does not e$ceed 15 days or 120
hours in a federal fiscal year (October i through September 30)
If_vou have any questions reaardina military leave that are not addressed below, direct
thQSe questions to the Kerr County Attorneds Office and Human Resources. Be
grepared to provide a copy of the emplavee's duty orders.
4.25 Suyylemental Military Pap
If there is a partial or total mobilization of the National Guard or the reserve
components of the U.S. Armed Forces, Commissioners' Court reserves the ri,gZit to
supplement, in whole or in part, to the extent monies are available to be appropriated
for this purpose, the salary of a former employee:
a. who is a member of a reserve component of the U.S. Armed Forces,
b. who is involuntarily called to Active Military Duty,
c. who liar exhausted the Military, Compensatory Time, and Vacation Leave
to which the employee is entitled,
d. who is not separated from employment because of resignation or separation
for any reason that is not a direct consequence of the person's call to Active
Military Duty, and
e. has not committed a voluntary act that has the effect of adding to the
period that the person is subject to Active Military Duty.
CommicclorieLS' Court may discontinue this supplemental at any time.
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I~~~ e Revised 02-13-2009
4.26 Disability
In uses of longterm disability where an employee is unable to return to work for a
period of time which would cause an undue hardship to the county to hold the position
open, and if no position is available which the employee could perform with a
reasonable accommodation by the County, the employee will be separated from
employment with the County (in accordance with ADA and/or FMLA~.
4.2? Bereavement Leave
An employee wishing to take time off due to the death of an immediate family member
should notify his/her supervisor immediately. Based upon circumstances, the
department head map grant up to three (3) days of paid bereavement leave per pear to
regular full/partfime employees.
Bereavement pap is calculated based on the base pap and work schedule at the time of
absence and will not include any special forms of compensation or pap for non
scheduled work time. Any employee map, with the Department heads approval, use any
available paid leave for additional time off as necessary. Kerr County defines
"immediate family" as the employee's spouse, parent, grandparent, child, grandchildren,
sibling; or the employee's spouse's parent, parent, grandparent, child, grandchildren,
sibling Special consideration map also be given to any other person whose association
with the employee was similar to the above relationships.
Employees who want additional time off map, at the discretion of the Department Head
use Compensatory Time or Vacation Leave. Department Heads map require an
employee to provide proof of death and/or family relationship.
If a County employee, an appointed or elected County officer, or someone closely
associated with the County dies, Department Head map approve representation at the
funeral. Employees who attend by direction of their Department Head are representing
the County; therefore, the hours so spent are Hours Actually Worked.
Employees on Unpaid Leave do not receive Bereavement Leave.
4.28 A~vroval of Leave
The employee's supervisor and department head, if appropriate must approve all leave
taken by County employees. Payroll records are verified against employee leave records.
Department heads are responsible for determini~ag that leave has been accrued and is
available for use in the amounts requested by an employee. Employees are required to
schedule vacations and request leave in advance. Vacation schedules must
accommodate the County's work schedule. If there is a conflict in vacation schedules
due to workload or involving two or more employees, the Department head resolves the
conflict using the policies as the guideline at their discretion.
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4.29 Civil Leave
JURY DUTY: Kerr County encourages employees to serve on a jury when required.
Employees must show the jury duty summons to their Supervisor as soon as possible so
that the supervisor may make arrangements to accommodate the absence. Of course,
employees are expected to report for work whenever the court schedule permits. Either
Kerr County or the employee may request an excuse from jury duty if, in Kerr County's
judgment, the employee's absence would create serious operational diffiiculties. Kerr
County will continue to provide health insurance benefits, vacation, sick leave, and
holiday benefits for eligible employees. County employees are also eligible for juror
checks and may keep such remuneration in addition to their County pay.
WITNESS DUTY: Kerr County encourages employees to appear in court for witness
duty when subpoenaed. If an employee has been subpoenaed or requested to testify as a
witness for Kerr County, they will receive paid time off for the entire period of witness
duty. Employees will be granted a ma~rimum of 36 hours annually of paid time off to
appear in court as a witness at the request of a party other than Kerr County or the
State of Texas. Employees will be paid at their base rate and aze free to use paid leave
benefits (vacation leave) to receive compensation for any period of witness duty absence
that would otherwise be unpaid. The subpoena must be shown to the employee's
supervisor immediately after it is received so that operating requirements can be
adjusted, when necessary, to accommodate the employee's absence. The employee is
expected to report for work whenever the court schedule permits.
PRIVATE LITIGATION: )f an employee is absent from work to appear in private
litigation in which he/she is a principal party, the time off will be chazged to vacation (if
available) ar leave without pay.
4.30 Vehicle Insurance
Kerr County maintains up-to~date insurance coverage on all vehicles owned by the
County. Elected or appointed or employees who drive a personal vehicle on County
business are required to maintain up-to-date personal in~~~nce coverage. Failure to do
so maybe grounds for disciplinary action up to and including separation.
4.31 Eme encq Situations
Cpmmiccioners' Court is not authorized to provide Paid Leave retroactively.
Accordingly, in order to be paid for absences including but not limited to, those
described below, employees must use available Vacation Leave, CompensatAry Time, or
Sick Leave (only i£ applicable). Empl~ees who miss work in these situations even with
Devartment Head apnrovaL and who do not have any applicable Paid Leave available
are docked.
4$
~~~ ~ Revised 02-13-2009
Inclement Weather and Disasters
Employees who feel that they need to arrive to work late, leave work early, or stay home
altogether because of extreme weather conditions maybe absent subject to Department
Head approval.
Building Emergencies
If any building condition arises that makes it unbearable for an employee to remain at
work or to function effectively, the employee may leave work subject to Department
Head approval.
4.32 Emergency Closings
At times, emergencies such as severe weather or power failures can disrupt County
operations. In extreme cases, these circumstances map require closing work facilities.
During nonworking hours, local radio stations map be asked to broadcast notification
of closing When operations are specifically closed due to emergency conditions, the
time off from scheduled work will be paid, and is calculated based on the base pay and
work schedule at the time of the emergency.
Ceroin offices including but not limited to the Sheriffs Office, Juvenile Detention
Facility, Juvenile Probation, Road & Bridge, and Emergency Management are expected
to re*nai~ open during emergency situations. Personnel in these Departments should
contact their Department Head for specific guidance.
Employees generally are expected to report for work during inclement weather
conditions if the County does not declare an emergency closing. As outlined in 4.31,
nonexempt employees who are unable to report because of weather conditions maybe
granted an authorized unpaid absence, or, if they have accrued vacation time, may take
a day of paid leave. Nonexempt employees who are late because of weather conditions
will be given a chance to make up their missed time if work schedules and conditions
permit
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6.00 Drug and Alcohol Use
6.01 Drag and Alcohol Use
Kerr County is committed to provide a drug and alcohol free workplace.
It is Kerr County's policy to maintain a drugfree and alcohol free work environment.
Use of illegal drugs and/or alcohol creates serious health and safety risks in the
workplace. The use, sale, transfer, or possession of alcohol, illegal drugs, misuse of
prescription drugs, or other illegal substances is strictly prohibited while at work, on
county property, or while on county business. This prohibition also includes illegal or
improper use of controlled substances. The legal use of prescribed drugs is permitted
on the job only if it does not impair an employee's ability to perform the essential
functions of the job effectively and in a safe manner that does not endanger other
individuals in the workplace. The employee will notify their Department Head if they
are under any prescribed drugs that can potentially affect heir normal ability to
accomplish assigned tasks.
Violations, even a first offense, will be a basis for disciplinary action up to and including
separation. Such violations may also have legal ramifications. Such violations include
but are not limited to, possessing illegal or non prescribed drugs and narcotics or
alcoholic beverages at work, being under the influence of such substances while
working, using them while working, or dispensing, distributing, or illegally
manufacturing or selling them on County premises or work sites.
Employees with questions or concerns about substance dependency or abuse are
encourage to discuss these matters with their Department Head or Human Resources to
receive assistance or referrals to appropriate resources in the community.
All applicants for emplo~*~iient are~ta-lae map be tested. for such substane~ a_s alcohol or
drugs. Applicants are informed of the test in writing on each application for
employment All employees are subject to random drug testing (using DOT limits) as
acceptable thresholds for drug alcohol testing) to help ensure a "drug and alcohol free"
workplace.
Employees with drug or alcohol problems that have not resulted in, and are not the
immediate subject of investigation or disciplinary action may request approval to take
unpaid time off to participate in a rehabilitation or treatment program. Leave maybe
granted if the employee agrees to abstain from use of the problem substance; must use
sick, vacation, and compensatory time (all paid leaves}, abides by all Kerr County
policies, procedures, guidelines, and prohibitions relating to conduct in the workplace;
and if granting the leave will not cause Kerr County any undue hardship.
Department Heads should discuss with Human Resources immediately any action by an
employee who demonstrates an unusual behavior pattern. The Department Head may
58
~~~ ®Revised 02-13-2009
ultimately want to make a determination, without regard to the cause of the individual's
inability to perform, that the employee is unable to perform assigned duties safely or
properly and respond accordingly. Employees map be required to take a test at any time
to determine the presence of drugs, narcotics, or alcohol, unless such tests are
prohibited by law.
Under the "DrugFree Workplace Act," an employee who performs work for a
government contxact or grant must notify Kerr County of a criminal conviction for
dnigrelated activity occurring in the workplace. The report must be made within five
(S~ days of the conviction to the Department Head and Human Resources.
Employees with questions on this guidance or issues related to drug or alcohol use in
the workplace should raise their concerns with their Department Head or Human
Resources without fear of reprisal.
6.02 Dru,~ and Alcohol Testing
Kerr County is committed to provide a drug and alcohol free workplace. It is Kerr
County's policy to maintain a dnrgfree and alcohol free work environment Use of
illegal drugs and/or alcohol creates serious health and safety risks in the workplace. To
help ensure a safe and healthy working environment, all job applicants will be required
to submit to a pre employment drug test, and current employees map be asked randomly
to provide body substance samples (such as urine) to determine the illicit or illegal use
of drugs and/or alcohol (using DOT limits as acceptable thresholds for drug alcohol
testing). Refusal to submit to drug testing may result in disciplinazp action, up to and
including separation of employment
All new hires are required to take a drug test as part of the "offer of employment"
Failure to do so negates the offer of employment All individuals operating commercial
vehicles are required by the Department of Transportation (DOT) to take pre
employment drug tests, random tests, test immediately following accidents, reasonable
suspicion, and fitness for duty testing. For more information concerning the drug
testing within Kerr County, or its administration, contact Human Resources.
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.0 Safe
?.01 Safety
We Stress Safety
The safety of our employees and the general public is of utmost importance to Kerr
County. We train our people to avoid injury to themselves and others in all stages of
their work. We do not tolerate unsafe work practices and encourage the participation
of all employees in safety awareness and activities. Kerr County is committed to
developing the most effective safe practices in all azeas of our work.
The health and safety of each employee is of great importance to Kerr County and for
that reason, we stress Department Heads place a great importance upon safety training
their employees.
Kerr County will work with our employees to enable them to take an active role in
creating and maintaining an injury free and auto accident free workplace for all
employees. We will position ourselves to anticipate and respond to the changing health
and safety, regulatory, and compliance needs. We use partnerships and resources with
outside and prof~Gional agencies including but not 1uuited to:
• American Societt= of Safety Engineers (ABBE) http://www.asse.ore,~
• Network of Employers for Traffic Safety= (NETS)
http://www.trafFic.~afetv.or~/ind~?.asp
• Tlie National Safety Council (NBC) http://www.n.5c.org[
• Occupational Safety & Health Adiiiinistration (OSHA) http://www.osha. ov/
• Workers' Compensation Research IrLStitute (WCRI) http://www.wcrinet.orgL
• Tlie Aiiierican Association of Occupational Health Nursers (AAOHN)
http://www.aaohn.orgL \
Keep Safety in mind no matter what you aze doing! Use common sense and follow
these basic guidelines:
• You MUST report any accident, injury, or illness immediately to pour
Department Head, regardless of its severity
• Inspect equipment, tools, and protective equipment before using
• Report any defective, malfunctioning, or broken machinery/equipment or
protective equipment (and do not use until it is fixed or replaced)
• Protective equipment must be worn when the work merits (eg. protective
epeweaz, footwear, gloves, etc.)
• When using tools and machinery, follow the instructions
• Walk - Do not run
• Keep your work azea neat and aisles cleaz and free of tripping hazards (i.e. wires,
cords, bones, etc)
• Ask questions about anything that you do not understand BEFORE you attempt
or use it
60
~~~ v Revised 02-13-2009
• Be alert to possible risks, or things that "do not seem quite right"
• Be awaze that loose clothing, dangling jewelry, improper footwear, or other loose
or hanging items are a safety Hazard and should be arranged (fixed) to reduce
your hazard
• Bring any unsafe practice or condition to the attention of your Department
Head and/or a member of your Health and Safety Committee
Kerr County is very serious about eliminating accidents, injuries, and work related
illnesses and we expect all employees to take safety seriously as well. For everyone's
safety, unsafe acts by employees will not be tolerated. Employees engaging in unsafe
acts in the workplace will be subject to disciplinary action up to and including
separation.
?.02 Accident and Injury Prevention Program
Employees are responsible and will be held accountable for providing the County with a
commitment to the safety and health program, abiding by the policies, procedures, and
guidelines set forth by the program, and becoming actively involved in the program to
assist in providing a safe workplace for all employees. Department Heads will provide
initial orientation and ongoing training for their respective areas. For fiirther
information, contact Human Resources.
?.03 Personal Injury Reyortu~
Employees with a work related incident with or without sustaining a work related injury
or illness must inform their supervisor immediately. They will complete a First Report
of IncidentJInjury form indicating~-he details of the incident/inj~ It is manci '~r~
they also aze reported to Human Resources within 24 hours and the reflort . to
I3R (note: if an injury occurs on a Friday between the close of business 5-00 p.m:) and
dte start of bu.Siness (8:00 a.m.) on the following Monday, the injury shall be
reported witlvn ?4 hours from the start of business on Ivlonday. (Human Resources tag
line is 83425? 9227) This will enable the employee to qualify for the Workers'
Compensation coverage as quickly as possible. Failure to report an on the-job accident,
illness, or injury in a timely manner may result in the loss of or denial of Workers'
Compensation benefits. Utilize the Workers' Compensation First Report of
Incident/Injury obtained from your department head or Human Resources. (See
Appendix B for a copy of the First Report)
See 4.07 for further clarification on Personal Injury Reporting policies and procedures.
7.04 Modified Duty - Temvorary Alternate Work (TAW)
This guidance covers employees who are on leave due to an occupational injury or
illness. Because employees are Kerr County's most valuable assets, the County attempts
to help employees return bo work as soon as possible after their physician certifies their
fitness to do so.
61
~~~ e Revised 02-13-2009
Coordination with Attending Physicianz
An employee on leave due to a work related disability can return to work only when the
County Human Resources receives the attending physicians' written medical release
authorizing such return. The Department Head or Human Resources are responsible
for providing the physician with a Copp of the employee's job description for potential
modified-duty or Temporary Alternate Work (TAW).
Returnxo-Work Options:
Arrangements to facilitate an employee's early return to work are made in consultation
with the employee's attending physician and/or other qualifiied medical professions
retained by the County (HR) or its insurance carrier. The following options are
explored:
• Return to prior position - an employee is offered the opportunity to return to
his/her prior position if the attending physician. certifies the employee can
perform the essential functions of the job with without reasonable
accommodations. Human Resources is responsible for working with the
employee's supervisor and attending physician {and third party consultants, as
necessary} to provide any reasonable accommodations
• Modifiied-duty /TAW - A.ny employees not pet able to return to their former
duties are offered (subject to the restrictions set out in the following
paragraph) a temporary modifieddutp assignment approved by the employee's
attending physician. Human Resources is responsible for working with the
Department Head to develop and implement the modifiied-duty assignment
The assignment can consist of the employee's regular job with reduced
working hours or reduced activities, or an alternative modified duty position.
RestrictYOns on Modi~sd Duty Assignments
The following restrictions apply to modifieddutq assignments:
• No guarantee of work - As provided in the above paragraph (Modified Onlp),
Kerr County must endeavor to return employees to gainful employment as
soon as possible by exploring possible modified-duty assignments. However,
Kerr County does not guarantee the availability of modified-duty work due to
limited positions being available.
• Pap rates and workers' compensation benefits -Employees on modified duty
are not guaranteed the rate of pay they received for the position they held ax the
time they sustained their work relaxed injury or illness. The pap rate for a
modified-duty assignment is based on the knowledge skills, and the abilities
required for the modified duty job as well as general market conditions..
Employees returning to work in modified-duty positions before they have
reached maximum medica]. improvement are eligible for temporary partial
disability benefits under Texas Workers' Compensation program, if they earn
less than they earned in the position held at the time they sustained the work
related a,ccident~illness. Employees in modifiedduty positions are not
62
I~R~~C ~ Revised 02-13-2009
permitted to supplement their workers' compensation benefits by using their
accrued vacation, personal, or sick leave.
• 12~veek limit -Modified duty assignments are temporary arrangements
intended to complement and facilitate the healing process. Modifiied-duty
assignments cannot exceed.l2 weeks without approval from the Kerr County
Human Resources Director. The Human Resources Director or Elected
Official must request this deviation from Commissioners' Court.
Employee Refusal of WorkJ'I`rainings
In the event an employee refuses to return to regular or modified-duties in response
to a written, bona fide offer of employment by Kerr County sent via Certificate of
Mailing, the employee is separated from the County and his/her position will be
filled permanently (an exrPption to this rule applies in the case of employees who
have not yet exhausted their FMIA leave entitlement See the paragraph below on
FMLA coordination). Note: See last paragraph of this section on Coordination
with FMLt~
Pernianent Disabilities
When reaching maximum medical improvement (MIVIn, an employee can have a
permanent disability that impair the employee's ability, with/without reasonable
accommodations, to return to his/her regular position. Kerr County, in
consultation with the employee's attending physician and Texas Workers'
Compensation Department, must evaluate the following options:
• Securing vocational rehabilitation services from Texas Employment
Department or private consultants, as appropriate. Services can include
assessment and testing, counseling, and training:
• Finding a position at Kerr County commensurate with the employee's
knowledge, skills, and abilities (if available) in accordance with ADA
Employees with permanent disabilities are paid partial or total permanent disability
benefits as required under Texas Workers' Compensation Program.
Medical Informations
All employees' medical information is held in stxict confidence in accordance with
the Americans with Disabilities Act Medical inquiries are limited to those
permitted under Texas Workers' Compensation statute and applicable federal law.
Coordination with FMI.As
Nothing in these guidelines should be construed as denging employees their rights
under the Family and Medical Leave Act or any other federal or state law.
It is Kerr County's prerogative to designate an employee's leave due to a work
related injury or illness as FMIA leave. To the extent permitted by the FMIA, the
63
]~~I~ v Revised 02-13-2009
County counts the period of an employee's modified-duty assignment toward the
employee's FMLA entitlement
Employees entitle to FIvILA leave can voluntarily accept modified-duty while they
are recuperating, but they cannot be required to do so. However, employees will
lose their workers' compensation benefits as a result of declining amodified-duuty
assignment (applies to work related injuries) and will be required to substitute any
available paid leave, such as accrued vacation or sick leave, for remainder of any
unpaid FMIA leave.
Until employees have exhausted their 1Zweek FMLA entitlement, they have the
right to be reinstated to their original job or an equivalent job provided they are
able to perform the job's essential functions.
7.05 Health Insurance Portability and Accountability Act (HIl'AA)
Reviewed with all employees during November 2006 Open Enrollment and all new
hires receive a personal copy during new hire orientation.
Kerr County understands that medical information is personal HIPAt~ protects pour
right to privacy. (See Appendix A for full information)
?.06 Workdlace Violence
.Kerr County is committed to maintaining a work environment free of threats,
intimidation, and physical harm. Each employee is responsible for help to maintain
this safe environment Disciplinary action up to and including separation may be taken
against anyone found guilty of acts or threats of violence. Such violations may also have
legal ramifications.
Kerr County has zero tolerance of workplace violence. Physical assaults, threats,
intimidation, and intentional destruction of property in County facilities is prohibited.
The unlawful possession of firearms and/or other weapons on County property is
strictly prohibited. The inappropriate use of workplace tools (knives, scissors, box
cutters, etc.) may also be considered a threat and is not allowed.
64
~~~` ~ Revised 02-13-2009
8.0 County Facility Security (Sheriff will author this section for us)
8.01 k~itlzitlck
8.02 kkkkk
65
T~~~ ®Revised 02-13-2009
9.00 Business Policies and Guidelines
9.01 EcYUaI Emuloyment Policy
Kerr County maintains and supports fair and equal employment opportunities for
employees and applicants seeking employment. Employment practices aze conducted in
a manner which will not disc-rim~nate against any employee or applicant because of race,
color, religion, sea, pregnancy, sexual orientation, national origin, age, the presence of
physical or mental disability, veteran status, or any other reason prohibited by law.
Such non-discriminatory practices apply to all aspects of employment, including but not
limited to: hiring, upgrading, promotions; job reclassifications, transfers, work
assignments, layoffs, job t~~nations, compensation and benefit programs, and
educational or training opportunities.
If you believe that you have been the subject of discrimination (or harassment), or if you
are aware of a situation that could constitute cl~(~im;nation or harassment, immediately
notify pour Department Head or Human Resource. In response to such reports, Kerr
County will conduct a prompt anal thorough investigation. To the extent possible,
investigations will be kept confidential among the employees concerned and those
employees why need to be informed in order to complete the investigation.
9.02 Diversit~in the Workvlace
Kerr County values the diversity that exists within our workforce. All employees aze
responsible for creating a workplace of fairness, dignity, and respect for all employees -
an environment of inclusion, encouraging participation and the best efforts of everyone.
The diversity of our workforce results from a sincere effort to hire and retain dedicated
people from the community.
9.03 Americans with Disab' 'ties Act (ADA)
Consistent with Kerr County's commitments to equal opportunity, non-discrimnation,
and diversity, it is the County's policy to fully comply with the ADA and related state
laws. Kerr County prohibits ~crm+nation against qualified individuals with
disabilities and insures that all individuals aze provided equal employment
opportunities without regard to disability.
If an individual requests an accommodation to perform his/her job, Kerr County will
review the request and determine whether a reasonable accommodation is appropriate.
The review occurs in an individualized, cas~by-case manner. If you or an employee you
supervise believes that a job modification or other form of accommodation is needed
under this policy, you should immediately consult with Human Resources.
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~~~ o Revised 02-13-2009
9.04 Professional Conduct and Anti-Harassment
Kerr County is proud of its professional and friendly work environment and takes
necessary steps to ensure the workplace remains pleasant for everyone. In order to
maintain a positive work environment, all employees must treat each other with
courtesy, consideration, and professionalism. Kerr County prohibits unprofessional
and discourteous actions, even if those actions do not constitute unlawful harassment.
Accordingly, derogatory or other inappropriate remarks, slurs, threats, or jokes will not,
be tolerated. Similarly, inappropriate visual and nonverbal objects or conduct are
unacceptable and will not be tolerated. Likewise, inappropriate physical contact will not
be allowed in the workplace.
Kerr County wiII not tolerate harassment of any employee by anyone for any reason.
9.05 Harassment De ' ' 'on
Under the United States Code Title 18 Subsection 1514{c)1. Harassment is defined as
"a course of conduct directed at a specific person that causes substantial emotional
distress in such a person and serves no legitimate purpose."
Harassment is also defined as -Verbal or physical conduct designed to threaten.,
intimidate, or coerce. Also, verbal taunting (including racial and ethnic slurs) which,. in
the employee's oginion, impairs his/her ability to perform his/her job responsibilities.
Kerr County will not tolerate harassment of any employee by anyone for any reason.
9.06 Sezual Harassment Definition
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil
Rights Act of 1964. Sexual Harassment is defined as "unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature
constitute sexual harassment when this conduct explicitly or implicitly affects an
individual's employment, unreasonably interferes with an individual's work
performance, or creates an intimidating, hostile, or offensive work environment."
Kerr County will not tolerate harassment of any employee liy anyone for any reason.
9.0? Forms of Harassment
Generally, forms of harassment include, but are not limited to:
• VerbaL• repeated sexual innuendos, racial or sexual epithets, derogatory slurs or
remarks, off-color jokes, propositions, threats, or suggestive or insulting sounds;
• Visual/Non~erbaL• derogatory posters, cartoons, or drawings, suggestive objects
or pictures, graphic commentaries, leering, or obscene gestures;
• Physical: unwanted physical contact, including horseplay, touching, interference
with an individual's normal work movement, or assault;
6?
~~~ a Revised 02-13-2009
• Other. maknig or threatening reprisals as a result of a negative response to
harassment
9.08 Harassment Comvlaint Procedure
Any employee who witnesses objectionable conduct or believes he/she is subject to or
map be subjected to objectionable conduct must report it immediately to their
Department Head or Human Resources. These reports maybe made verbally or in
writing. Do not allow an inappropriate situation to continue by not reporting it,
regardless of who is creating that situation. No employee is exempt from this policy.
In response to such reports, Kerr County will conduct a prompt and thorough
investigation. To the fullest extent possible, investigations will be kept corifiidential
among the employees concerned and those employees who need to be informed in
order to complete the investigation. Anp employee who brings such a report to the
attention of Kerr County in good faith andf or provides information related to such a
report will not be adversely affected orb ' tiGt. Kerr Count<~ will take
immediate and appropriate corrective action whenever it determines that a violation of
a policy has occurred. Any employee who violates this policy may by subject to
separation or other disciplinary actions.
All complaints received by any elected official, department head, or supervisor must be
immediately reported to the Human Resources Director. The Human Resources
Director will inform Comm;tcioners' Court of all complaints and will coordinate with
the appropriate personnel as part of any investigation.
Ken County will not tolerate harassment of any employee by anyone for any reason.
9.09 No Retailiation
This policy prole'bits retaliation against employees who bring charges of conduct in
violation of Section 9 or assist in investigating charges, or who report harassing
behavior directed at persons other than the employee. Any employee found to have
engaged in retaliatory action or behavior wi71 be subject to disciplinary action up to
and including separation.
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12.00 Business Policies and Guidelines
12.01 Iafe Threatening Illness in the Workvlace
Employees with life~hreatening illnesses, such as cancer, heart disease, and AIDS, often
continue normal pursuits, including work, to the extent allowed by their condition.
Kea County supports these endeavors as long as employees are able to meet acceptable
performance standards. Kea County will make reasonable accommodations in
accordance with all legal requirements to allow qualified employees with life
threatening illnesses to perform the essential functions of their jobs, unless the request
imposes an undue hardship on the County. Employees with life threatening illnesses
are entitled to eligible benefits.
Kerr County reserves the right to require an employee to undergo medical examination
by another doctor chosen by the County whenever there is a question regarding
whether a worker might pose a threat to the safety or health of the employee, other
employees, or the public. Refusal to work with an employee or to provide services to
anyone who has been diagnosed as having a life threatening illness, unless there is a
direct threat to health or safety, may result in disciplinary action.
12.02 Treasurer's Office Procedure Re~ardin~ Receiving Revenues
Revenues fumed into the County Treasurer's office after 4:00 PM will be processed,
receipted, and deposited the next normal business day.
12.03 County Cell Phone Policy
Cellular telephones and services maybe provided to certain Kerr County employees to
conduct job relaxed activities that cannot not be conducted on a landline telephone or
for which it would be inefficient to use a landline telephone. Requests for cell phones
must be approved by the employee's Department Head (who will determine need), the
County Auditor, and County Information Technology Director (who will provide
advice on the most appropriate equipment and plans). These requests will then be
presented to Commissioners' Court for approval
Personal Calls
Kea County provides cell phones to employees for the purpose of conducting Kea
County business. The use of County-owned cellular equipment to make or receive
personal calls is discouraged, although it is understood that usage for personal reasons
map be necessary in emergency situations. Employees must realize that although
personal calls made within the local calling region and under the usage limits provided
by the County's plan map not result in additional charges, they do count toward the
overall time limits established under the service agreement Any overage, long distance,
roaming, or other charges realised by the employee for personal calls shall be the
responsibility of the employee. An employee map not operate a personal business from
a Kerr County cell phone.
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Damage, Loss, or Theft
Handsets or other equipment that is damaged in the course of business should be
brought to Kerr County IT, who will contact the vendor for replacement or repair.
Lost or stolen cellular equipment should be immediately reported to the emplogee's
Department Head and Kerr County IT so that the service can be cancelled. All costs
incurred for replacement or repair will be the responsibility of the employee's
department If the damage, loss, or theft is due to employee negligence, all costs
incurred for replacement or repair will be the responsibility of the employee.
Usage Monitoring
Department Heads aze responsible for educating subordinates about appropriate
cellular telephone procedures and monitoring their usage. In emergency situations,
Department Heads may grant exceptions to these usage policies. In such
circumstances, the employee must reimburse any charges incurred for personal use no
later than the neat pap period.
If employees approved far a County cell phone decline a county cell phone to use their
own personal phone for business, a maximum of fifty dollazs ($SQ.00) per month map
be submitted for payment and reimbursement through the County Auditors office. A
copy of the employees' monthly cellular statement and all calls for County business
must be notated. Theme requ~tS would be submitted for approval through
Comniis.~ione~' Court. - -
Office Cell Phone Courtesy
Kerr County understands and appreciates that employees utilize their cell phones for
business purposes. At the same time, cell phones are a distraction in the workplace.
Many County offices require cell phones to be turned off. Department Heads aze
responsible for clarification of the cell phone policy within their offices.
Shut It Off
Kerr County also recognizes that employees use their county cell phones for business
purposes while driving However, due rA research about the safety of cell phone use
while driving, Kerr County prohibits employee use of cell phones, for business
Purposes, while driving.
Kerr County understands that other distractions occur while driving however,
eliminating the use of cell phones while driving, is one way to miTim;Tp the risk of
employee accidents. Therefore, employees are required to either stop the vehicle so
that they scan safely use ~*our cell phone, or allow ttie call to go to voiceuiail until
they~u can safeh= u_Se t~r' your cell phone. Engaging in Kerr County business using
a cell phone a=lisle driving is prohibited. Employ=ees who violaxe tl~s policy maybe
subject to disciplinary actions, up to and including separation.
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I~~~ o Revised. 02-13-2009
Appendix A -Statutory Degrees of Relationship
Pa'idic Oe'~caz Tads tip $tciT~7' ~ ~~JP C'+~~
Attorney General of Terms Greg Abbott (2009). Degrees of relationship clwrt Retde~~d
February 13, 2009 from the World Wide Web:
htto://u-v~.oaa.state.l~:.us/ag Publications/txts/2004trapshb 3.shtml
88
degrees a~ t~efat~€~nship Gt~art
WIKn d~naine~.s~~,ce~de~Q~.~,e~r of .fir., vs ojr. 46c iaF ~ ffi~ amkr 6 the
O~['AF_ EOM •°"~°~'.~.~ (lr ~m is tit! Obi i~igS! 6 tie ~1f1~1i~ ~l7 t;l!
I~~~1. o Revised 02-13-2009
Appendiz D: HIPAA
HII'AA
A federal law, the Health Insurance Portability and t~ccountability Act of 1996
(HIPAA), requires that health plans and health care providers protect the privacy of
certain medical information.
For more information
The attached HIPAA Privacy Notice describes:
• the medical ulfonuation practices of Kerr Countit*-sponsored group health plans
• how pour medical information ma~7 be used and di_selosed
• How to obtain access to tlu_s infornation
Notice of Health Plans Privacy Practices
Effective April 14, 2003 {or such later date permitted by Iaw)
This notice describes how your medical information map be used and disclosed and
how to obtain access to this information. Please review rt carefully.
77ris notice only applies to Kerr County sponsored heaIrh plans. If you participate in a Norrl'~en-
County sponsored plan, this notice only applies to your Employee Assistance P.ian benefits. If you
particzpate in an insured benefit; far instance an HMO, you will also receive a separate notice
directly from the insurer.
Introduction
Kerr County understands that medical information is personal.. A federal law, the
Health Insurance Portability Act (HIPAA), requires that health plans and health care
providers protect the privacy of certain medical information. This notice covers the
medical information practices of the Kerr County sponsored group health plans (the
"Plans"'"). This notice intends to inform you of pour rights under the privacy provisions
of HIPAA and the HIPAA obligations imposed on the Kerr County sponsored Plans. If
you have general questions about pour medical claims information maintained by the
Plans, call the Kerr County Human Resources office. For questions about plan
eligibility or claims appeal information maintained by the Kerr County plans, contact
the Kerr County Human Resources office.
Do not contact the Kerr County Hyman Resource office for questions about an insured
benefit or a plan not sponsored by Kerr County. Only health information that map
specifically identify you and is used or disclosed by the Plans is protected by HIPAA.
This health information is called protected health. information (PHI). Health
information that Kerr County receives about you as an employer is not PHL Thus, pour
sick leave records, FMLA leave information, drug testing results, Workers'
Compensation files, disability, life insurance, and OSHA records are not PHI and not
covered by this notice. If you have questions about such employment information, do
not contact the Plans or the Kerr County Human Resource office.
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Third parties assist the Plans in administering your health benefits. These entities keep
and use most of the medical information maintained by the Plans such as information
about your health condition, the health care services you receive, and the payments for
such services. They use this information to process pour benefit claims. Thep are
required to use the same privacy protections as the Plans.
The members of the depamnents defined by Kerr County and identified below who
assist with administration of the Plans have limited access to medical information about
you. This information is generally limited to:
(1) whether you are enrolled in the Plans or aze eligible;
(2) the family members you cover under the Plans;
(3) the amount you contribute for your health care coverage, and
(4) information about certain claims, claim. denials, and appeals.
Departments whose personnel have limited access to PHL• Kerr County Human
Resources (health care and retirement), Legal, Internal Audit, and Information Services.
Remember, the Plans do nor maintain all of your medical information. Your health care
providers (doctors and hospitals) also maintain some of your information. You should
ask your health care providers directly if you have questions about medical information
they maintain.
* The Plans consist of the Kerr County-sponsored medical, dental,
prescription drug, and coverage extended to certain active, disabled, former,
and retired employees of Kerr County and their family members. If you have
coverage under a "fully insured" benefit option such as an HMO or long- term
care inai~ran~ you will. receive a separate notice of privacy practices from the
insurance carrier or sponsor of that plan regarding your medical information.
How the plans may use and disclose your medical iinforn~axion
This section describes how the Plans use and disclose medical information to
administer benefits under the Plans. Please note that this notice does not list every use
or disclosure; instead, it gives examples of the most common uses and disclosures.
Primary uses and disclosures of PHI
• The Plans may disclose pour PHI so that pour doctors, dentists, Pharmacies,
hospitals, and other health care providers may provide you with medical
treatment
• The Plans also may send your health care information to doctors for patient
safety or other treatment related reasons.
• The Plans map use and disclose pour PHI for benefit payment such as to see if
you aze eligible for benefits, to calculate your benefits under the Plans, to pay
your health care providers for treating you, to calculate pour co-pays and
coinsurance amounts, to decide claims appeals and inquiries, or to coordinate
coverage. For example, the Plans may disclose information about pour medical.
history to a physician (including your physician) to determine whether a
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~~ 4 Revised 02-13-2009
particular treatment is e$perimental, investigational, or medically necessary or
to decide if the Plans will cover the treatment
• The Plans may also share medical information with a utilization review or pre-
certification service provider. Likewise, the Plans may share medical
information with another entity to coordinate payment of pour benefits (e.g ,
under your spouse's plan). The Plans will also share pour information to assist
with subrogation of pour claims.
• The Plans may use and disclose PHI about you for additional related health
care operations necessary to run the Plans. For example, the Plans may use PHI
in connection with: underwriting and soliciting bids from potential insurance
carriers; merger and acquisition activities; setting premiums; deciding employee
premium contributions; submitting claims to the Plans' stop-ins (or excess loss)
carrier, conducting or arranging for medical review; legal services; audit services;
and fraud and abuse detection programs.
• The Plans also may use your PHI for administrative activities such as business
plannmg and development, cost management, business mangy meat, and
conducting quality assessment and improvement activities.
• The Plans may use pour medical information to cont~.ct you or give you
information about treatment alternatives or other healthrelated benefizts and
services that maybe of interest to you.
• The Plans may disclose pour medical information to its third-party
adnLinictratnrg to assist in these activities.
Other uses and disclosures of PHI
• The Plans are required to disclose your PHI to the Secretary of the U.S.
Department of Health and Human Services if the Secretary is investigating or
determining compliance with HIPAA.
• The Plans will disclose PHI about you when required to do so by federal, state,
or local law.
• The Plans may release pour PHI for Workers' Compensation or similar
programs.
• The Plans may use and disclose PHI about you when necessary to prevent a
serious threat to your health and safety or the health and safety of the public or
another person.
• If you are an organ donor, the Plans may release pour PHI to organizations that
handle organ procurement or organ, eye or tissue transplantation or to an
organ donation bank, as necessary to facilitate organ or tissue donation and
transplantation.
• If you are a member of the armed forces, the Plans may release your PHI as
required by military command authorities.
• The Plans may disclose pour PHI for public health activities (e.g., child abuse
and neglect, threats to public health and safety, and national security).
• The Plans may disclose pour PHI to a health oversight agency for activities
authorized by law (e.g., audits, investigations, inspections, and licensure).
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~~I e Revised 02-13-2009
• If you are involved in a lawsuit or a dispute, the Plans map disclose pour PHI in
response to a court or administrative order.
• The Plans map also disclose pour PHI in response to a subpoena, discovery
request, or other lawful process to someone else involved in the dispute, but
anlp if efforts have been made to tell you about the request or to obtain an
order protecting the information requested.
• The Plans map release pour PHI if asked to do so by a law enforcement official.
• The Plans map release medical information to a coroner or medical examiner.
• The Plans map release pour PHI to authorized federal officials for intelligence,
counterintelligence, and other national security activities authorized by law.
• If you are an inmate of a correctional institution or under the custody of a law
enforcement official, tkie Plans map release pour PHI to the correctional
institution ar law enforcement official.
• Using its best judgment, the Plans map disclose your PHI to a family member,
other relative, close friend, or other personal representative. Such a use will be
based on how involved the person is in pour care or payment that relates to that
rare.
• The Plans map release claims payment information to spouses, parents, or
guardians-
Other uses and disclosures of pour PHI that are not described above will be made only
with pour written authorization. If you authorize the Plans to use or disclose pour PHI,
you map revoke the authorization at any time in writing. However, pour revocation will
only stop future uses and disclosures that are made after the Plans receive pour
revocation. It will not have any affect on the prior uses and disclosures of pour PHL
The privacy laws of a particular state or other federal laws might impose a stricter
privacy standard.. If these stricter laws (state or federal) apply, the Plans will comply
with the stricter law.
Your rights regarding PHI
You have the following rights regarding PHI the
Plans have about you:
• You have the right to inspect and copy pour PHI that map be used to make
decisions about pour benefits. To inspect and copy pour PHI that map be used
to make decisions about you, you must submit pour request in writing to the
appropriate privacy contact. If you request a copy of this information, the Plans
map charge a fee for the costs of copping, mailing or other supplies associated
with pour request. The Plans map deny pour request to inspect and copy your
PHI in certain very limited circumstances. HIPAA provides several important
exceptions to pour right to access your PHL For example, you will not be
permitted to. access psychotherapy notes or information compiled in
anticipation of, or for use in, a civil., criminal or admtnt~tive action or
Proceeding.
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• The Plans will not allow you to access your PHI if these or any of the exceptions
permitted under HIPAA apply. If you aze denied access to your PHI, you may
request a review of the denial.
• If you feel that PHI the Plans have about you is incorrect or incomplete, you
may ask the Plans to amend the information. You have the right to request an
amendment for as long as the information is kept by or for the Plans.
• To request an amendment, you must submit your request in writing to the
appropriate privacy contact Your request must list the specific PHI you want
amended and explain why it is incorrect or incomplete.
• The Plans may deny your request for an amendment if it is not in writing or
does not list why it is incorrect or incomplete. In addition, the Plans may deny
your request if you ask the Plans to amend information that is:
- Not part of the medical information kept by or for the Plans; Not
created by the Plans or its third party administrators;
- Not part of the information which you would be permitted to inspect
and copy;
- Accurate and complete.
If the Plans deny your request, they must provide you a written explanation for the
denial and an explanation of your right to submit a written statement disagreeing with
the denial
Changes to this notice
The Plans have the right ro change this notice at any time. The Plans also have the
right to make the revised or changed notice effective for medical information the Plans
already have about you as well as any information received in the future.
Complaints
If you believe pour privacy rights have been violated, you may file a complaint with the
Plans or with the Secretary of the Department of Health and Human Services.
To file a complaint with the Plans, call. tie Kerr County Human Resources office. You
will not be penalized for filing a complaint
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Appendix B: Copy of First Report of Incidentllnjnry
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~~~.~~ o Revised 02-13-2009
EMPLOYEE SIIGGESTIONS FOR HANDBOOK
When you have awry suggestions for changes in the Persor~rrel Policy Hcrrrdbook, please
submit them promptly, as indicated below, while they are fresh in your mind. It would be
helpful toward our continuing review of policies and of all aurent suggestions for changes in
them.
The form below is inchxded for your co~enience in submitting recommendations for
changes via house-mail.
To: Human Resources
700 Main Street BA 104
Kerrville TX 78028
I recommend that the following change(s) be made in the Kerr County Personnel Policy
Handbook
Date:
Policy on Page Policy Section & Heading
Comments:
Suggested new wording:
****
Policy on Page Poky Section & Heading
Comments:
Suggested new wording:
****
95