[Ord. No. 96-13 Ch. 1 §§A—D, 2-6-1996; Ord. No. 00-022 §1, 2-29-2000; Ord.
No. 10-009 §1, 1-27-2010]
A.Â
Title. This Chapter shall be known and may be cited as "Benefits and Conditions of Employment, St. Charles County", and is part of St. Charles County's Personnel Administration Program.
B.Â
Scope. This Chapter applies to all St. Charles County employees.
C.Â
Purpose. This Chapter partly fulfills the mandate of the
St. Charles County Charter, which requires the establishment of a
Personnel Administration Program for all County employees under the
direction of the Human Resources Director, with a Merit System within
the Program covering all employees except as otherwise provided in
the Charter. This Chapter is part of the Personnel Administration
Program, along with ordinances establishing the St. Charles County
Merit System and the St. Charles County Basic Pay Plan.
D.Â
Governing Provisions. The provisions of the former Interim
Employee Handbook are now replaced in their entirety by the passage
of the Personnel Administration Program, Parts 1, 2 and 3.
[Ord. No. 96-13 Ch. 2, 2-6-1996; Ord. No. 00-022 §1, 2-29-2000; Ord. No. 06-091 §1, 6-27-2006; Ord. No. 08-109 §1, 9-11-2008; Ord.
No. 09-054 §1, 6-9-2009; Ord. No. 10-009 §1, 1-27-2010]
When used herein and unless otherwise indicated herein, the
following words and phrases shall have the meanings assigned in this
Chapter. When used herein and unless otherwise indicated herein, any
word or phrase that is or shall be defined in St. Charles County ordinances
establishing or regulating the County's Merit System and Basic Pay
Plan shall have the meanings assigned in those ordinances:
Directors, commissioners or department heads as specified in Article III §3.601.1 of the Charter;
Directors, commissioners or department heads as specified in Article III §3.601.2 of the Charter; or
Any other person having power by law, ordinance, or delegated
authority to make appointments and to take management and disciplinary
actions.
The designation and induction of a person, by proper authority,
as a County employee.
A schedule of wage rates and applicable provisions related
thereto as established by ordinance.
The St. Charles County Charter (2006) as amended.
A position designated by an appointing authority or elected
official and budgeted by the County Council, whose occupant is exempt
from the Merit System and who may be appointed or removed at the discretion
of the appointing authority or elected official.
Salary, wages, fees, allowances, and all other forms of valuable
consideration, earned by or paid by the County to an employee or elected
official for service in any County position, excluding allowances
for expenses authorized and incurred in the course of employment as
incidents to employment.
Either "FLSA compensatory time" or "County compensatory time".
"FLSA compensatory time" is compensation received
by County personnel pursuant to the schedule published by the Department
of Human Resources subject to approval by the Director of Administration.
"FLSA compensatory time" may be earned at either
the straight time or time and one-half (½) rate and will always
be granted as time off or paid to the employee.
"County compensatory time" may be granted to
certain FLSA-exempt employees as defined by the Department of Human
Resources upon approval by the Director of Administration. It is accumulated
whenever FLSA-exempt employees are directed to and work hours in excess
of their regular schedules, as opposed to FLSA compensatory time.
St. Charles County, Missouri.
Any office or department established pursuant to Article
Four of the Charter or in existence at the time of its adoption or
by subsequent ordinance.
A significant risk to the health or safety of others that
cannot be eliminated by reasonable accommodation.
A physical or mental impairment that substantially limits
one (1) or more major life activities. Mitigating measures such as
medications and medical devices will not be considered in making a
disability determination. Transitory and minor impairments or conditions,
defined as having an actual or expected duration of six (6) months
or less, do not qualify as a disability.
Any officer of the County required by the Charter to be elected
by a vote of the people.
Any person in the service of St. Charles County except contractors
and elected officials.
The primary job duties of a position that are core to performing
the job; duties that support the reason a position exists.
A crisis caused by significant revenue shortfall or reduction
in funds which threaten the orderly operation of County Government.
A voluntary temporary reduction of work hours and/or the
placement of an employee on voluntary leave without pay due to a current
or anticipated budgetary shortfall.
He, she, or they.
Spouse; children; step-children; parents; siblings; step-parents;
half-siblings; and step-siblings. In addition, grandchildren living
in the house are considered immediate family.
A salaried employee other than an elected official who is
among the highest paid ten percent (10%) of all employees employed
by the County as determined at the time of the absence for "sick leave".
The removal of an employee from the County's payroll because
of lack of work for the employee, failure of financial appropriation
or other causes that do not reflect discredit on the employee.
May include things such as caring for oneself, performing
manual tasks, seeing, hearing, eating, sleeping, walking, standing,
lifting, bending, speaking, breathing, learning, reading, concentrating,
thinking, communicating or working. A "major life activity" may also
include bodily functions such as functions of the immune system, normal
cell growth, digestive, bowel, bladder, neurological, brain, respiratory,
circulatory, endocrine and reproductive systems.
The term parent means a biological parent or person who stood
in loco parentis to the employee.
A collection of duties and responsibilities that comprise
the activities normally assigned to one (1) employee.
"Permanent position" is any position included
in the budget that is likely to require the services of an employee
without interruption for a period of one (1) year or more. There are
two (2) types of permanent positions:
"Permanent full-time position" is any position
that requires the services of an employee for:
At least thirty-seven and one-half (37½) hours a week;
At least forty (40) hours a week on a recurring or continual
basis if hired after January 10, 1994, or promoted after February
4, 1995, or re-classified to a position in a higher pay grade after
February 13, 1996, or who occupied a position that was raised to a
higher pay grade after February 13, 1996; or
Any law enforcement or corrections position which requires the
services of an employee for not more than one hundred sixty-five (165)
hours on eight and one-quarter (8.25) hour shifts or one hundred sixty-eight
(168) hours on twelve (12) hour shifts in a twenty-eight (28) day
period.
[Ord. No. 20-095, 12-21-2020]
"Permanent percentage time position" is any
position that requires the services of an employee for a consistent
number of hours per week, but for fewer hours than are required of
employees in permanent full-time positions. Compensation of a permanent
percentage time position is based on a percentage of the full-time
compensation for that position.
"Intermittent position" is any position that
requires or is likely to require the services of an employee to work
sporadically or at irregular hours during the calendar year, including
temporary, seasonal, and/or as-needed assignments, and for which compensation
is on an hourly basis.
An individual with a disability who, with or without reasonable
accommodation, can perform the essential functions of the employment
position that the individual holds or has applied for.
Making existing facilities readily accessible to and usable
by individuals with disabilities, including but not limited to: acquisition
or modification of equipment or devices, job restructuring, part-time
or modified work schedules, reassignment to a vacant position, adjustment
or modification of examinations, training materials, policies and
similar activities. Lowering performance and qualification standards
are not reasonable accommodations.
Employment, other than County employment, held by an employee
of the County for which compensation is paid. Secondary employment
does include self-employment, but shall not include involvement where
an honorarium or actual expenses only are reimbursed, or where the
employee is engaged in work as a volunteer, or where the employee
is on active duty as a member of the National Guard or any reserve
component of the Armed Forces of the United States.
FMLA defines a serious health condition as an illness, injury,
impairment or physical or mental condition which involves any of the
following:
Inpatient care (an overnight stay) in a hospital, hospice or
residential medical-care facility; or
Absence plus treatment. A period of incapacity
of more than three (3) consecutive calendar days (including any subsequent
treatment or period of incapacity relating to the same condition,
that involves:
Treatment two (2) or more times by a health care provider or
by a nurse or physician's assistant under direct supervision of a
health care provider. The two (2) visits must occur within thirty
(30) days of the beginning of the period of incapacity and the first
(1st) visit to the health care provider must take place within seven
(7) days of the first (1st) day of incapacity; or
Treatment by a health care provider on at least one (1) occasion
which results in a regimen of continuing treatment under their supervision
of a health care provider. The first (1st) visit to the health care
provider must take place within seven (7) days of the first (1st)
day of incapacity.
Chronic conditions requiring treatment. A chronic
condition which:
Requires periodic visits for treatment by a health care provider
or by a nurse or physician's assistant under direct supervision of
a health care provider (periodic visits for chronic serious health
conditions as at least two (2) visits to a health care provider per
year);
Continues over an extended period of time (recurring episodes
of a single underlying condition); and
May cause episodic rather than a continuing period of incapacity
(e.g., asthma, diabetes, epilepsy, etc.).
A permanent or long-term condition for which treatment may not
be effective. Only supervision by a health care provider is required,
rather than active treatment; or
Any absences to receive multiple treatments for restorative
surgery or for a condition which would likely result in a period of
incapacity of more than three (3) days if not treated; or
Any period of incapacity due to pregnancy or for prenatal care.
A visit to the health care provider is not necessary for each absence.
The term son or daughter means a biological, adopted or foster
child, a stepchild, a legal ward or a child of a person standing in
loco parentis who is under eighteen (18) years of age or eighteen
(18) years of age or older and incapable of self-care because of a
mental or physical disability.
He, she, or they.
An action requiring significant difficulty or expense by
the employer, involving both financial and operational factors. The
factors to be considered in determining an undue hardship include:
(1) the nature and cost of the accommodation; (2) the overall financial
resources of the facility at which the reasonable accommodation is
to be made; (3) the number of persons employed at that facility; (4)
the effect on expenses and resources or other impact upon that facility;
(5) the overall financial resources of the County; (6) the overall
number of employees and facilities; (7) the operations of the particular
facility as well as the entire County; and (8) the relationship of
the particular facility to the County. These are not all of the factors,
but merely examples.
