LAURENS COUNTY
EMPLOYEE
HANDBOOK
Approved by the Laurens County Council December 13, 2016
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IMPORTANT NOTICE
NOTHING IN THIS EMPLOYEE HANDBOOK OR IN ANY SEPARATE
POLICY, PROCEDURE, RULE OR OTHER DOCUMENTS RELATING TO
EMPLOYMENT OF LAURENS COUNTY (“THE COUNTY’’) SHALL BE DEEMED
TO CONSTITUTE A CONTRACT OF EMPLOYMENT. NO PAST PRACTICES OR
PROCEDURES, WHETHER ORAL OR WRITTEN, FORM ANY EXPRESS OR
IMPLIED AGREEMENT TO CONTINUE SUCH PRACTICES OR PROCEDURES.
NO PROMISES OR ASSURANCES, WHTHER WRITTEN OR ORAL, WHICH ARE
CONTRARY TO OR INCONSISTENT WITH THE LIMITATIONS SET FORTH
HEREIN CREATE ANY CONTRACT OF EMPLOYMENT. ALL EMPLOYEES OF
THE COUNTY ARE EMPLOYEES “AT WILL” WHOSE EMPLOYMENT MAY BE
TERMINATED AT ANY TIME, WITH OR WITHOUT NOTICE OR CAUSE. ONLY
THE COUNTY ADMINISTRATOR AS APPROVED BY COUNTY COUNCIL HAS
THE AUTHORITY TO ENTER INTO ANY AGREEMENT REGARDING LENGTH
OF SERVICE OR GROUNDS FOR TERMINATION AND ANY SUCH
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AGREEMENT MUST BE IN WRITING AND SIGNED BY THE COUNTY
ADMINISTRATOR AS APPROVED BY COUNTY COUNCIL.
EVERY EMPLOYEE NEEDS TO UNDERSTAND THAT THE POLICIES SET
FORTH IN THIS HANDBOOK ARE MERELY GENERAL GUIDELINE POLICIES
WHICH MAY NOT APPLY TO EVERY EMPLOYEE IN EVERY SITUATION.
WHEN IT IS NOT PRACTICAL OR DESIRABLE TO FOLLOW THESE GENERAL
GUIDELINE POLICIES, THE COUNTY WILL HANDLE THESE SITUATIONS, AS
THE COUNTY DEEMS APPROPRIATE.
I UNDERSTAND THAT THIS EMPLOYEE HANDBOOK IS NOT A CONTRACT OF
EMPLOYMENT.
(Signature) Date
Printed Name
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LIMITATIONS AS TO ELECTED OFFICIALS AND THEIR EMPLOYEES
Pursuant to S.C. Code of Law §4-9-30(7) amended, counties are
expressly authorized to develop personnel policies and procedures
regulating county employees. Employees of elected officials are not subject
to the county's policies and procedures and the employment, discharge and
suspension authority of the county does not extend to any personnel
employed in departments or agencies under the direction of an elected
official or an official appointed by an authority outside county government.
S.C. Code Ann. §4-9-30(7). Elected and/or appointed officials may
voluntarily elect to utilize these personnel policies and procedures.
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Special Note: For ease of readability, these policies follow the traditional English
practice of referring to unidentified individuals by the use of masculine pronouns.
Whenever such a pronoun is used, it is intended to apply to both males and females.
Preface
THE POLICIES IN THIS HANDBOOK HAVE BEEN ADOPTED BY RESOLUTION BY THE
LAURENS COUNTY COUNCIL ON ____________________ AS THE CURRENT
EMPLOYEE POLICIES FOR ALL COUNTY EMPLOYEES. THIS HANDBOOK SUPERCEDES
ALL PREVIOUS POLICIES AND ALL PREVIOUS EMPLOYEE HANDBOOKS AND SHALL
BE RECOGNIZED AS THE EMPLOYEE HANDBOOK AND EMPLOYEE POLICIES IN
FORCE UNTIL SUCH TIME AS ANY AMENDED POLICIES AND/OR HANDBOOKS ARE
ADOPTED BY THE COUNCIL. THIS MEANS ALL PREVIOUS POLICIES ARE NO LONGER
APPLICABLE UNLESS INCORPORATED INTO THIS UPDATED VERSION OF THE
EMPLOYEE HANDBOOK. THIS INCLUDES, BUT IS NOT LIMITED TO, THE COUNTY
POLICY ON EMPLOYEE AND RETIREE BENEFITS, DISCIPLINARY ACTIONS, AND
LEAVES OF ABSENCE.
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Table of Contents
IMPORTANT NOTICE ........................................................................................................... 2
County Government and Administration ........................................................................... 8
Equal Opportunity Employment ......................................................................................... 8
Affirmative Action ............................................................................................................... 9
Non-Discrimination ............................................................................................................. 9
Anti-Sexual Harassment .................................................................................................... 10
Workplace Violence and Bullying ..................................................................................... 11
Recruitment ...................................................................................................................... 12
Job Vacancy Announcements ....................................................................................... 12
Pre-employment Reference Checks ............................................................................. 13
Pre-Employment Screening .......................................................................................... 13
New Employee Processing and Orientation ................................................................. 13
Immigration....................................................................................................................... 13
Hours of Work ................................................................................................................... 14
Workweek ..................................................................................................................... 14
Workday ........................................................................................................................ 14
Employee Classifications/FLSA Classifications .................................................................. 15
Employee Classification: ............................................................................................... 15
FLSA Classifications: ...................................................................................................... 17
Payment of wages ............................................................................................................. 18
Failure to receive proper pay/benefits ............................................................................. 18
Overtime and Compensatory Time ................................................................................... 18
Salary Basis Policy ............................................................................................................. 20
Promotions/Transfers From Within .................................................................................. 22
Personnel Records ............................................................................................................ 22
Outside or Secondary Employment .................................................................................. 23
Political Activity ................................................................................................................. 24
Ethics ................................................................................................................................. 25
Personal Appearance ........................................................................................................ 28
Dress Code .................................................................................................................... 28
Casual Friday ................................................................................................................. 28
Responsibilities as Public Employees ................................................................................ 29
Workplace Privacy and Computer Internet Use ............................................................... 30
Confidentiality of Electronic Mail ................................................................................. 32
Social Media ...................................................................................................................... 33
Transportation and Travel ................................................................................................ 36
Use of County Vehicles ................................................................................................. 37
Accidents ....................................................................................................................... 39
Maintenance and Care of County Vehicles ................................................................... 40
Hazardous Weather .......................................................................................................... 40
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Employee Tobacco Product Usage ................................................................................... 41
Nepotism ........................................................................................................................... 42
Absenteeism/Tardiness .................................................................................................... 43
Holidays ............................................................................................................................. 43
Annual Leave ..................................................................................................................... 45
Sick Leave .......................................................................................................................... 46
Leave of Absence .............................................................................................................. 49
Personal Disability and Personal Leave ........................................................................ 49
Family and Medical Leave ................................................................................................. 50
Eligibility for FMLA Leave .............................................................................................. 50
Basic FMLA Leave .......................................................................................................... 51
Military Family Leave .................................................................................................... 51
Use of Leave .................................................................................................................. 52
Pay, Benefits, and Protections During FMLA Leave ...................................................... 52
Coordination of Paid Time Off for Unpaid Leave. ......................................................... 53
Medical and Other Benefits .......................................................................................... 53
Return to Job at End of FMLA Leave ............................................................................. 54
Employee Responsibilities When Requesting FMLA Leave .......................................... 54
Employer Responsibilities ............................................................................................. 54
Bereavement Leave .......................................................................................................... 55
Court Leave ....................................................................................................................... 56
Benefits ............................................................................................................................. 58
Retirement System ....................................................................................................... 58
Group Health Insurance ................................................................................................ 59
Notice of Right to Health Care Continuation Coverage ................................................ 59
HIPAA/Medical Information.......................................................................................... 60
Employee Assistance Program ...................................................................................... 62
Family and marital problems Grief ............................................................................... 63
Health Insurance Marketplace Coverage ..................................................................... 63
1. General Guidelines ......................................................................................... 63
2. Information about Health Coverage Offered by Laurens County to Employees
64
Workers Compensation Insurance ............................................................................... 66
Return To Work/ Temporary Light Duty ........................................................................... 67
Employee Alcohol Use and Alcohol Testing ...................................................................... 71
Employee Drug Use and Drug Testing Policy .................................................................... 76
Employee Conduct and Discipline .................................................................................... 82
Termination Of Employment ............................................................................................ 84
Grievance Policy and Procedures ..................................................................................... 85
Neutral Reference ............................................................................................................. 88
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County Government and Administration
Mission Statement
It is the mission of Laurens County to serve Laurens County residents by helping improve
their lives and the community.
Laurens County recognizes our employees as the most important resource. We strive
for our employees to work as a team providing examples of our expected values and
guiding principles integrity, loyalty and trust, and by exhibiting ethical conduct in all
they do.
Form of Government
Laurens County currently operates under the “Council” form of government. Under this
form of government, the responsibility for policy-making and administration of county
government is vested with County Council. The Council is composed of seven (7)
members who are elected from single member districts. The Council employs an
Administrator who is responsible for carrying out Council practices.
Responsibility for Administration
The County Council has the authority to adopt and amend personnel policies as deemed
suitable by which all County employees are regulated except those elected directly by
the people. The Council also has the authority to delegate responsibility to a designee
for adherence to the personnel policies by employees. Amendments to these policies
may be proposed by the County Administrator or Council and shall be adopted by
motion of the County Council.
Freedom of Information Act
Laurens County adheres to the provisions outlined in the South Carolina Freedom of
Information Act, as amended.
Equal Opportunity Employment
Laurens County is an Equal Opportunity Employer, and makes all employment
decisions without regard to race, color, religion, sex, genetic information, national
origin, citizenship, age, disability or political affiliation except where sex, age or physical
ability is a bona fide occupational qualification. Opportunity for employment with the
County of Laurens depends on factors such as qualifications and performances. The
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County’s policy of equal employment opportunity and nondiscrimination extends to all
aspects of personnel administration including, but not limited to, recruitment,
employment, advancement and promotion, transfers, discipline, interviews, salary
adjustments, compensation and benefits administration, training and development, and
other personnel actions.
Affirmative Action
In support of our policy of providing equal opportunity employment to all persons,
Laurens County shall take affirmative action in the hiring and placement of eligible
employees.
The County Administrator appoints by memorandum the Human Resources Director
as the Equal Employment Opportunity / Affirmative Action Coordinator. The EEO/AA
Coordinator shall be responsible for the administration and coordination of the EEO/AA
program.
Non-Discrimination
Laurens County’s policies, as well as various laws and regulations, generally prohibit
employment decisions from being made on the basis of race, sex, genetic information,
religion, national origin, age, disability, veteran status, political affiliation, or similar
distinctions. In addition, it is our policy to provide a working environment in which
employees are free from discomfort or pressure resulting from jokes, ridicule, slurs, and
harassment either relating to such distinctions or simply resulting from a lack of
consideration for a fellow human being.
If you feel that this policy has been violated by anyone with whom you come
into contact on the job, regardless of whether it is by a fellow worker, a supervisor, or
a member of the general public, you must immediately report this incident. You may
report the incident either to your Supervisor, your Department Head, Human
Resources, County Administrator, or County Attorney. Your complaint will be kept as
confidential as possible, consistent with its effective investigation.
In the event you believe that the County Administrator of Laurens County is the
alleged harasser, you MUST IMMEDIATELY contact the County Attorney or County
Council.
Employees who report inappropriate conduct may do so without fear of reprisal
for their report. The County will not tolerate retaliation against employees who come
forward with concerns regarding the conduct of other employees. Conversely, the
County will not tolerate false reports given by employees.
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Employees, including supervisors, who are determined to have violated this policy,
may be subject to serious disciplinary action up to and including termination,
commensurate with the seriousness of the conduct.
Genetics Information Nondiscrimination Act of 2008 (GINA) Prohibits employers and
other entities covered by GINA from requesting or requiring genetic information of
employees or their family members. In order to comply with this law, please do not
provide any genetic information when responding to a request for medical information.
‘Genetic information,’ as defined by GINA, includes an individual’s family medical
history, the results of an individual’s or family member’s genetic tests, the fact that an
individual or an individual’s family member sought or received genetic services, and
genetic information of a fetus carried by an individual or an individual’s family member
or an embryo lawfully held by an individual or family member receiving assistive
reproductive services.
Anti-Sexual Harassment
Laurens County has taken special steps to prevent employees from being
subjected to inappropriate conduct in the workplace. The County believes that a
professional, productive, and pleasant work environment is desired by all employees.
Providing such a work environment necessarily requires the cooperation of all
employees.
The County’s “Non-Discrimination/Anti-Harassment” policy addresses all forms of
harassment in a single policy. The County wishes to highlight in this policy a particular
form of harassment, which is often described as “sexual harassment.”
Sexual harassment includes, but is not limited to any inappropriate behavior,
which, because of an individual’s gender, has the effect of creating a hostile,
intimidating, or otherwise unpleasant work environment. The following, in no particular
order, are some of the more obvious types of behavior that the County considers to be
highly inappropriate in the workplace:
Displays of sexually explicit pictures or objects
Demands or requests for sexual favors
Sexually oriented banter, jokes, or commentary
Repeated social invitations
Compliments of a sexual or suggestive nature
If you feel that you have been subjected to any of the above conduct or
otherwise made to feel uncomfortable in the workplace because of your gender, you
MUST IMMEDIATELY report this conduct to the County. You may report the incident
either to your Supervisor, your Department Head, Human Resources Manager, County
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Administrator, or County Attorney. Your complaint will be kept as confidential as
possible, consistent with its effective investigation.
In the event you believe that the County Administrator of Laurens County is the
alleged harasser, you MUST IMMEDIATELY contact the County Attorney or County
Council.
Employees who report inappropriate conduct may do so without fear of
reprisal for their report. The County will not tolerate retaliation against employees
who come forward with concerns regarding the conduct of other employees.
Conversely, the County will not tolerate false reports given by employees.
Employees, including supervisors, who are determined to have violated this
policy, may be subject to serious disciplinary action up to and including termination,
commensurate with the seriousness of the conduct.
Department Heads and Supervisors shall review this policy with all employees
annually. Employees will be required to sign an acknowledgment confirming that the
policy has been presented to them and attest to their understanding of this policy.
Special Note: Listed above are general descriptions of some of the types of conduct
which may constitute sexual harassment or which can lead up to sexual harassment,
depending upon the circumstances. Importantly, not all of the prohibited conduct listed
above rises to the level of what would meet the legal definition of this term. The
County, however, does not want you to have to worry about whether conduct, which
makes you feel uncomfortable, meets or does not meet a particular legal definition.
What the County wants, and insists upon, is that you notify the County immediately in
the event someone else’s conduct offends you or otherwise makes you feel
uncomfortable.
Training on the County’s policy regarding sexual harassment will be
conducted annually and documentation provided in the employee’s
personnel record.
The County attorney will review this policy bi-annually.
Workplace Violence and Bullying
Laurens County is concerned about increased violence in society, which has also
filtered into many workplaces throughout the United States, and has taken steps to help
prevent incidences of violence from occurring at the County.
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It is the policy of the County to expressly prohibit acts or threats of violence by
any County employee or former employee against any other employee in or about the
County’s facilities or elsewhere at any time. Also, the County will not condone any acts
or threats of violence against County employees, citizens or visitors on County premises
at any time or while they are engaged in business with or on behalf of the County, on or
off premises.
Any employee who displays a tendency to engage in violent, bullying, abusive or
threatening behavior, or who otherwise engages in behavior that the County, in its sole
discretion, deems offensive or inappropriate, will be counseled by his immediate
supervisor. Such employees will also be subject to disciplinary action, up to and
including discharge.
Any violent, abusive or threatening behavior should be immediately reported to
the County Administrator for immediate action.
Recruitment
Job Vacancy Announcements
In recognition of the benefits associated with offering promotions from within, job
announcements to current employees will be distributed to internal locations.
It is our policy to assure the widest publicity possible for job announcements that
are open to the general public. Advertising may include: announcement at the
Department of Employment and Workforce, newspaper ads or other appropriate
publications as approved. Laurens County may also utilize electronic posting venues
including without limitation, the Laurens County website and the South Carolina
Association of Counties website.
Job announcements will remain open for a minimum of one week for internal job
postings. External job announcements will remain open until the position has been filled.
All jobs are posted concurrently for internal and external applicants.
All advertisements must carry the statement “An Equal Opportunity Employer.
Disabled applicants requiring assistance should notify the Laurens County Human
Resources Director.
Department Heads will notify the Human Resources Director or designee
immediately upon learning that a vacancy will occur. The Human Resources Director or
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designee will then take steps necessary to attract qualified candidates once verifying the
position was appropriately budgeted and approved by County Council.
Human Resources will receive employment applications for vacant positions.
Applicants must apply at the Human Resources Department, so documentation can be
maintained of all applicants for a specific position. Applications will only be accepted for
posted positions and will be maintained for two (2) months following receipt or fulfillment
of the position. The County may use an online application process in addition.
Pre-employment Reference Checks
The Human Resources Department is responsible for checking the references of
those applicants who have been interviewed and are being considered for the vacancy.
Human Resources may use several resources for this, including without limitation:
a. Current employer (with permission of applicant).
b. Previous employers.
c. Personal character references provided by the applicant.
d. School teachers/instructors (for current/recent students).
e. Schools and Universities.
f. Local law enforcement offices.
g. Department of Motor Vehicles (checking ONLY the driving record of
individuals who will be operating County vehicles).
Pre-Employment Screening
The County may conduct additional screening, including without limitation:
a. Pre-employment drug screening
b. Pre-employment physical
c. Credit and/or Consumer Report check
New Employee Processing and Orientation
It is our policy to provide a planned orientation program for all new employees.
This program will provide necessary in-processing for bringing a new employee on board
and to provide information concerning County expectations.
Immigration
Laurens County is committed to employing individuals who are United States
citizens or who are aliens legally authorized to work in the United States. We do not
illegally discriminate because of a person's citizenship or national origin.
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Laurens County complies with the South Carolina Illegal Immigration and Reform
Act and will verify the legal status of all new employees through the
E-Verify federal work authorization program administered by the U.S. Department of
Homeland Security as outlined in the statute.
The County complies with the federal immigration laws, namely the Immigration
Reform and Control Act of 1986, and as a result, every new employee is required to
complete the Employment Eligibility Verification Form I-9 and show documents that
prove identity and employment eligibility.
If you leave the County and are rehired, you must complete another Form I-9 if
the previous I-9 with the County is more than three years old, or if the original I-9 is no
longer accurate or if we no longer have the original I-9.
If you have questions or want information on the immigration laws, contact the
Human Resources Director. If you ask questions or want to complain about the
immigration law, the County will prohibit any form of retaliation against you for this
protected activity.
Hours of Work
Workweek
To insure maximum efficiency and coordination of service, it is the policy of
Laurens County to provide uniform working hours for all departments, except those
departments which maintain continuous operation seven days per week in those
departments.
a. The work period or workweek consists of seven (7) days, beginning at
12:00 a.m. on Saturday and end at 11:59 p.m. on Friday. Employees are paid on Friday,
bi-weekly at their work stations by direct deposit. Employees should examine their
paychecks/pay stubs immediately to ensure they have been properly paid for all hours
and that no improper deductions have been made.
b. Core office hours of operation for all administrative departments of
Laurens County are typically from 9:00 a.m. until 5:00 p.m., Monday through Friday,
except for official holidays.
Workday
a. Meal Period: The normal lunch period (paid) is for 30 minutes. Meal
periods are provided to County employees for the purpose of rest and refreshment and
must be taken as uninterrupted time for non-exempt employees. This means the
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employee is prohibited from performing any county work during their lunch breaks,
including but not limited to even minimal work-related tasks such as answering the
office phone. The lunch period is not to be used for overtime or compensatory time
accumulation or to reschedule the employee’s regular work hours.
b. Rest Breaks: Breaks are a voluntary benefit provided for our employees
by the County. They are not required by federal, state or any other laws. Department
Heads may voluntarily grant a break period that is not to exceed a total of two (2) per
day and for no longer than fifteen (15) minutes each break. The specific time may be
determined by the Department Head to ensure sufficient personnel are available to staff
the department. Breaks are not to be used as an excuse to report to work late or to
leave early or to make up any missed time. Break time does not accumulate from day to
day. Abuse of break time may result in disciplinary action.
c. Breaks for Lactating Mothers: In accordance with 29 U.S.C. 207 (r)(1),
employees who are nursing necessity. Laurens County will make reasonable efforts to
provide a private location other than the restroom facilities. Employees will not be
retaliated against for exercising their rights under this policy are provided with
reasonable unpaid break time to express breast milk up to one year following the birth
of a child provided that such break time does not unduly disrupt operations. Employees
requiring such breaks must make their supervisor aware of such requirement as soon as
possible immediately following the birth of her child. The breaks shall be provided as
reasonably possible due to business needs of the County.
3. EXCEPTIONS - The nature and duties of some individual employees may
require an exception to the normal workdays and hours. In case of extremely high
temperatures or inclement weather, the department head will issue a memorandum
identifying the position(s) affected and defining the workweek, workdays, work hours
and number of hours per week.
Employee Classifications/FLSA Classifications
Employee Classification:
1. INTRODUCTORY EMPLOYEE
New employees, including former employees who have been rehired, will be
considered to be in an introductory period for at least the first six (6) months of their
employment. After undergoing and successfully completing the six-month introductory
period and approval of his evaluation by the Department Head, they may occupy a
regularly established position. The supervisor may also, at his discretion, recommend
extending the introductory period for a minimum of an additional ninety (90) days for a
particularly difficult or highly technical position. The introductory period is merely a
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continuation of the initial selection process. It is a time during which the employee
should make extra efforts to prove that he is well suited for the position. The
Introductory Period is not a guarantee of length of employment and the employee
remains in an at-will status at all times, both during and after the Introductory period
has expired.
The introductory period will end when the supervisor evaluates the new
employee in writing, and the supervisor recommends the employee’s change in status
from “introductory” to “regular.”
Special Note: The introductory period is not to be construed as a minimum
guarantee of employment. All employees of the County are employed “at will”
which means that both the employee and the County can terminate the
employment relationship at any time, with or without notice.
2. PROMOTED EMPLOYEES
All newly promoted employees will be considered to be in an introductory
period in their new jobs for three (3) months after they begin working in the new job.
This “trial” period is an extension of the selection process and is designed to provide the
newly promoted employee an opportunity to demonstrate that he is well suited for the
job and that the job is well suited for him.
If the supervisor concludes during the introductory period that the newly
promoted employee is not well suited for his new position, the employee may be
removed from that position. If there is a vacancy in his former position, the employee in
most cases may be returned to it. If there is no such vacancy, he may be considered for
the filling of other vacancies for which he is qualified. If no other position is found for
him, the employee may either be placed on a personal leave of absence or terminated.
This introductory period is not to be construed as a minimum guarantee of
employment. All County employees are employed on an “at-will” basis.
Employees in this status are eligible for benefits, as outlined in the benefits
section of this manual. All employees are subject to the County’s policies.
3. REGULAR FULL-TIME EMPLOYEE
This is defined as an employee who has successfully completed a six-month
introductory period, who occupies an established full-time position, and who usually
and consistently works a normal or regular workweek of more than 30 hours. A regular
full-time employee is eligible for all benefits. All employees are subject to the County’s
policies.
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4. PART-TIME EMPLOYEE
An employee who has successfully completed a six-month introductory period,
who occupies an established part-time position and who usually and consistently works
less than 75 percent of the normal workweek hours but does not exceed twenty-nine
(29) hours per week. A regular part-time employee is eligible for fringe benefits as
prescribed in this Handbook. All employees are subject to the County’s policies.
5. TEMPORARY EMPLOYEE
Employees who were hired for short-term employment of a specified period or
completion of a specified event to fulfill a temporary need. Positions in this category
may develop due to special project funding or due to additional workload for a limited
period (often seasonal) that does not require regular staff additions. Normally, the
workweek for employees in this classification conforms to the hours established for the
department to which assigned. Employees in this category are not eligible for any fringe
benefits other than those required by law. All employees are subject to the County’s
policies.
All employees of Laurens County, no matter the classification, are at-will employees.
FLSA Classifications:
Classification of employment under the Fair Labor Standards Act is determined by
federal law and not Laurens County.
1. EXEMPT EMPLOYEE
An exempt employee is an executive, administrative, or professional employee,
who is exempt from the overtime provisions of the FLSA, and is paid on a salary basis as
defined by FLSA. Exempt employees must meet the salary basis, salary level and duties
tests to qualify under FLSA Exemption categories. Exempt employees are paid on the
basis of overall responsibilities rather than on the number of hours worked. Exempt
employees are not eligible for overtime or compensatory time.
2. NON-EXEMPT EMPLOYEE
A nonexempt employee is an employee, generally paid by the hour, who is
eligible for overtime pay according to the provisions of FLSA. Overtime premium pay or
compensatory time is for those hours worked which exceed forty (40) hours per week
for non-law enforcement employees. Prior approval by the supervisor is required in
order for a nonexempt employee to work more than 40 hours in a week. Laurens
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County Council has adopted the Section 7(k) provision of the Fair Labor Standards Act
for computing overtime for Fire and Sheriff’s Department personnel.
Payment of wages
Employees will be paid on Friday, bi-weekly at their work stations or by direct
deposit unless the County makes other arrangements with a particular employee or
department. Employees should examine their paychecks/paystubs immediately to
ensure they have been properly paid for all hours and no improper deductions have
been made. Any payment errors must be reported to Payroll within fourteen (14) days.
In addition to legally mandated deductions for taxes and social security, the
County will deduct from employee paychecks for employee authorized benefit
payments (insurance, retirement, etc.).
Cash, debts owed by the employee to the County, fringe benefits, uniforms,
tools, equipment, vehicles, instruction manuals, keys, beepers, computers, and other
items belonging to the County or issued to an employee and not repaid or returned by
him at the time of termination are considered “advance of wages,” the value of which
will be deducted from the employee’s final paycheck(s). By accepting or continuing
employment, the employee authorizes these deductions.
Failure to receive proper pay/benefits
If an employee does not submit a grievance or otherwise complain in writing
within fourteen (14) calendar days of the date on which he knew or reasonably should
have known that he failed to receive a benefit(s) or proper wages in accordance with
County policies, he forfeits all rights to such benefit(s) or wages. If there is an error in
payment of pay or benefits, employees will be compensated within one (1) week of
written notification.
Overtime and Compensatory Time
The County recognizes that occasionally employees may be required to work
overtime in order to provide essential government services or in the conduct of routine
operations. It is our intent that employees who are required to work overtime be
compensated appropriately for their extra efforts. Since uncontrolled overtime can
result in a substantial financial liability, we must ensure adequate management is
instituted.
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a. Compensatory time (comp time) is the means of compensating
employees who are required to work overtime hours in excess of their normal work
period or workweek schedule. Compensatory time is authorized to be used in lieu of
overtime cash payments.
b. Employees must complete a “Request for Leave” form indicating
compensatory time used. Approval authority for compensatory time is vested with
department heads. Except in an emergency, approval must be granted prior to the
actual performance.
c. Compensation of overtime payments will be held to the absolute
minimum. All non-exempt, regular employees will be paid overtime at a rate of one and
one-half times normal hourly rate for all approved hours worked over forty (40) hours in
any work week. The County Administrator is the approving authority for payment of
overtime.
(1) No employee shall be permitted to work overtime without prior
approval of the Department Head. If an employee works overtime without prior
approval, they may be subject to disciplinary action up to and including termination.
(2) This provision is not intended to replace a Department Head’s
responsibilities for management of their budget.
d. When an employee works more than his scheduled hours on one day, he
may be scheduled off for a corresponding number of hours in the same workweek or
overtime compensation period.
e. The Human Resources Director is responsible for determining which
positions are exempt and which are non-exempt within the definitions of the Fair Labor
Standards Act.
1. POLICY APPLICATION FOR EXEMPT EMPLOYEES
Exempt employees are not eligible for compensatory time or overtime pay
2. POLICY APPLICATION FOR NON-EXEMPT EMPLOYEES
a. Overtime hours, record keeping, and the Fair Labor Standards Act (FLSA)
regulates the use of compensatory time. This Act defines overtime hours as:
All actual hours worked over 40 hours per week. (Public safety employees have a
different schedule and are not subject to this definition.)
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b. All overtime hours, as defined above, generally must be compensated at
a rate of one and a half hours per hour of overtime actually worked, regardless if
compensation is in the form of cash or comp time. Actual hours worked are computed
on a work period basis (a week for non-public safety personnel), and each workweek
stands alone. Hours for non-public safety employees worked cannot be averaged
between two workweeks, even if they fall within the same pay period.
c. Compensatory time is not transferable to any other type of leave.
d. The limit of compensatory hours a non-public or public safety employee
may accumulate is 240. Compensatory time must be used within 30 days of the
acquisition date whenever possible, unless otherwise approved by the County
Administrator.
e. Reporting of hours and computing overtime.
(1) Supervisors and Department Heads are responsible for ensuring
all hours worked and leave, comp time, and holiday hours used, are reported on each
employee’s time sheet. Justification and documentation of compensatory hours worked
must be submitted with the time sheet.
(2) Holiday, vacation, sick or funeral hours (days) taken WILL NOT be
counted as hours worked when computing overtime or compensatory time. When this
is the situation, these hours will be paid at the regular rate of pay or one hour of
compensatory time for each hour in excess of the normal maximum straight time (40
hours for non-public safety employees)
f. Except in cases of unpreventable circumstances, emergencies, or
essential necessity, unauthorized working of overtime by employees is considered a
violation of policy and the employee may be subject to disciplinary action up to and
including termination.
g. Public Safety PersonnelHours worked in excess of 212 (fire) or 171 (law
enforcement) during a 28-day cycle will be counted toward overtime compensation.
Justification and documentation of all overtime hours worked must be submitted with
the time sheet. When possible, compensatory time shall be given to all non-exempt
employees who work more than their prescribed hours.
Salary Basis Policy
It is the policy of the County to comply with the Fair Labor Standards Act
(“FLSA”). The FLSA is a federal law which requires that most employees be paid at least
the federal minimum wage for all hours worked and overtime pay at time and one-half
the regular rate of pay for all hours worked over 40 hours in a workweek. The FLSA
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does provide exemptions from both minimum wage and overtime pay for employees
employed as bona fide executive, administrative, professional, outside sales employees
and certain computer employees. To qualify for exemption, employees generally must
meet certain tests regarding their job duties and be paid on a salary basis of a minimum
amount per week as prescribed by current law. In order for an exemption to apply, an
employee’s specific job duties and salary must meet all the requirements of the FLSA
regulations. Employees will be classified as an exempt or a non-exempt employee upon
your employment with the County.
“Salary basis” is defined as a predetermined amount of compensation each pay
period on a weekly or less frequent basis. The predetermined amount cannot be
reduced because of variations in the quality or quantity of the employee’s work.
Subject to exceptions that follow, an exempt employee must receive the full salary for
any workweek in which the employee performs any work, regardless of the number of
days or hours worked. Exempt employees do not need to be paid for any workweek in
which they perform no work. If the employer makes deductions from an employee’s
predetermined salary, i.e., because of the business necessity, that employee is not paid
on a “salary basis.” If the employee is ready, willing and able to work, deductions may
not be made for time when work is not available.
Deductions from pay are permissible when an exempt employee is (a) absent
from work for one or more full days for personal reasons other than sickness or
disability; (b) for absences of one or more full days due to sickness or disability if the
deduction is made in accordance with a bona fide plan, policy or practice of providing
compensation for salary lost due to illness; (c) to offset amounts employees receive as
jury or witness fees, or for military pay, or (d) for unpaid disciplinary suspensions of one
or more full days imposed in good faith for workplace conduct rule infractions. The
County is not required to pay the full salary for the initial week of employment where
the employee has not worked the entire work week, nor in a week where the employee
has been terminated and has not worked the entire work week; for penalties imposed in
good faith for infractions of safety rules of major significance, or for weeks in which an
exempt employee takes unpaid leave under the Family and Medical Leave Act. Under
these circumstances, either a partial day or full day deduction may be made.
Improper deductions are prohibited from the salaries of exempt employees or
any other such deductions that violate the FLSA. If you believe that an improper
deduction has been made to your salary, you must report this information immediately
to your Supervisor or the County Administrator. Reports of improper deductions will be
promptly investigated, and if it is determined that an improper deduction has occurred,
you will be promptly reimbursed.
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Promotions/Transfers from Within
A promotion is the upward movement from the employee’s existing position to
another position within the County government, which is higher in grade or rate of pay.
A transfer is the lateral movement of the employee from the employee’s existing
position to another position within the County government in the same grade and at the
same rate of pay.
It is the policy of the County to fill vacancies with the best qualified person,
regardless of age, race, religion, color, sex, national origin, genetic information,
citizenship, or disability, except where it has been determined that sex or age is a bona
fide occupational qualification.
It is also the desire of the County to utilize each employee to their fullest
potential and to encourage and foster personal development and advancement. To
this end, selection officials shall fully consider all qualified employees.
When a vacancy arises for an existing position or when a new position is
established, the Human Resources Director will prepare and post a written
announcement. It will be posted for five (5) working days. Qualified and suitable
candidates will be screened and evaluated against competition both within and
outside of the County.
All internally promoted/transferred employees will be subject to a three-
month (3) introductory period following promotion. If the supervisor concludes during
the introductory period that the newly promoted/transferred employee is not well
suited for his new position; the employee may be removed from that position. If there
is a vacancy in his former position, he may be considered for the filling of other
vacancies for which he is qualified. If no other position is found for him, the employee
may either be placed on a personal leave of absence or terminated but may be eligible
to re-apply for employment.
Transfer opportunities may be made available to employees as vacancies occur
or as special requests and circumstances warrant. Transfers shall be made only with the
agreement of the Department Head and approval of the County Administrator.
Personnel Records
All records of present and former employees are kept by the County Human
Resources Department. Employment records include without limitation, employment
application or resume, references, correspondence, position assignments, transfers,
evaluations, awards, completed training and disciplinary actions. Employees are
expected to keep Human Resources apprised of any changes in their personal data.
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Employees may review their personnel record by contacting Human Resources
to schedule an appointment. Employees may not remove or add anything to their
personnel records. Under certain circumstances and with the approval of the
Department Head, employees may request that certain documents like commendations
or award certificates be added to their personnel file.
Outside or Secondary Employment
It is the policy of the County to consider all full-time regular employees to be
engaged in a primary employment relationship with this entity. No employee shall be
allowed to hold a public office with the County or have conflicting appointment while in
the employment of Laurens County No full-time regular employee of the County shall
engage in any private business or profession during the hours for which he is employed
to work for the County. Any additional/outside employment by County employees will
be considered secondary employment. All full-time employees must notify their
department heads and secure approval prior to engaging in any secondary employment.
Department Heads will make a determination if the additional employment
will have any adverse effect. Secondary employment will be prohibited if:
a. It will result in a conflict of interest.
b. It will affect the ability of the employee to the extent he will not be able to
perform all assigned duties.
c. It will affect the health, welfare, or safety of other employees or the
public.
d. If the secondary employment will result in a conflict with the normal work
hours for the employee with the County; this is not applicable under
circumstances that constitute an emergency situation, so long as a report
detailing the circumstances is later prepared by the County Administrator
and submitted to County Council.
e. No employee shall have employment with a business or concern when the
employee’s influence within the County or knowledge of the County’s
activities could possibly place the business or concern in a more favorable
position than its competitors to do business with the County.
f. Approval of secondary employment can be denied or reversed at any time.
Laurens County will provide the employee with a two-week notification of
denial/reversal during which the employee may provide notification to the
employer they plan to terminate.
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g. The County of Laurens and its officials shall not be held responsible or
liable for any injury and/or incident occurring during secondary
employment hours. This includes travel to and from secondary
employment.
h. It is the responsibility of the employee to obtain insurance if required by
the secondary employer for coverage while working the secondary
employment position. Outside employment is NOT covered under the
County of Laurens’s Workers’ Compensation Insurance.
i. Employees are prohibited from working secondary employment while on
personal or medical leave from Laurens County.
j. Employees may not use County property, equipment or material in the
conduct of approved secondary employment.
Political Activity
Employees who are paid either in full or in part by federal monies are covered
under the Federal Hatch Political Activity Act, as amended by Section 401 of the Federal
Election Campaign Act Amendments of 1974, and will be required to conform to the
regulations of those acts. Employees of the County are subject to the following
conditions:
Employees may express an opinion on political subjects and candidates, display
stickers or posters on their cars or houses. Employees may wear buttons and badges,
only when not in the performance of County responsibilities.
Employees may not directly or indirectly coerce, attempt to coerce command or
advise a state or local officer or employee to pay, lend or contribute anything of value to
a party, committee, organization, agency, or person for political purposes.
No employee may use County facilities, equipment or personnel at any time to
further his/her own candidacy or the candidacy of any other candidate or candidates.
County employees may participate in both partisan and nonpartisan political
activities other than County elections. Employees are prohibited from taking part in any
political campaign or referenda while on duty. Failure to adhere to this policy may
result in disciplinary action up to and including termination.
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Ethics
It is the policy of Laurens County that all employees shall conduct themselves
according to the highest standards of legal and ethical behavior. Employees are
prohibited from engaging in an activity, practice, or act which conflicts with, or appears
to conflict with, the interest of the County, its residents, or its suppliers. Since it is
impossible to describe all of the situations which may cause or give the appearance of a
conflict of interest, the prohibitions included in this policy are not intended to be
exhaustive and only include the most common examples:
1. County employees shall comply with all Federal, State and local laws and
regulatory mandates. Employees shall consult the County Attorney for interpretation or
clarification of legal and regulatory requirements. Employees shall immediately report
known or suspected violation of Federal, State or local law and supply copies of all
documentation in their possession to support such claims. Reports of this nature shall
be made directly to the Department Head, Human Resource Director, County
Administrator or County Attorney using the Complaint Procedure herein. The employee
may also file their report with the South Carolina Ethics Commission.
2. County employees shall truthfully and completely respond to supervisory
inquiries, management investigations, and/or supervisory or management requests for
documentation related to inquiries or investigations.
3. County employees shall accurately report absences, leave time and hours
worked. They shall not misrepresent or falsify any document, report or statement
relating to County funds or property or to their employment with the County.
4. County employees shall not accept fees, services, or gifts that could
appear to influence professional objectivity and/or the exercise of poor business
judgment. These limitations are not intended to prohibit acceptance of articles of
negligible value which are distributed generally, nor to prohibit employees from
accepting social courtesies which promote good public relations. When in doubt,
employees are strongly encouraged to speak to the Human Resources Director or their
Department Head prior to accepting anything.
5. County employees shall not use positional influence for personal gain or
to gain advantage for personal causes, nor shall they use or attempt to use political
influence with the County Council to gain employment advantage and/or to avoid
disciplinary action.
6. County employees shall not use County property or equipment for
personal reasons. Additionally, employees shall not participate in outside business
enterprises where such participation involves or may involve business relationships that
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could appear to compromise the ability of employees to impartially execute their official
County duties.
7. The County shall not enter into any contract for services or property with
any employee nor will the County engage in any contract with a business in which an
employee has an interest and that interest might be or appear to be affected by the
contract.
8. County employees shall accurately record all payments, receipts and
organizational transactions in accordance with County policy and generally accepted
accounting principles. No undisclosed or unrecorded organizational accounts shall be
established for any purpose, nor shall County funds be placed in a personal or non-
organizational account.
9. Employees shall immediately report any suspected violation of this policy
in accordance with the complaint procedure outlined herein.
10. Any employee who has a financial interest in a business or activity that he
has a reason to believe may be affected by his official actions or by the actions of the
County, shall make full and immediate disclosure of the exact nature and value of his
interest. This disclosure shall be made in writing to the County Administrator in order
that an opinion regarding the priority of the interest can be officially obtained. Any
employee who has such an interest shall disqualify himself from participating in any
official action directly affecting this interest.
11. No employee shall make use of or reveal confidential information
acquired through his position with the County for his own private gain or for the private
gain of any other persons or groups.
12. For additional information employees may reference S.C. Code Title 8,
Chapter 13.
COMPLAINT PROCEDURE
Department management shall initiate necessary and prudent action on a
proactive basis to ensure adherence to this policy. Supervisors shall hold employees
accountable for potentially unethical behavior through use of appropriate disciplinary
action. Employees shall notify management if and when they become aware of potential
ethics policy violations involving co-workers or supervisors.
An employee who feels a violation of this policy has occurred shall immediately
report the matter by submitting their complaint in writing to the Department Head,
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Human Resource Director, County Administrator or County Attorney specifying an ethics
policy violation as the basis for the complaint.
In the event you believe that the County Administrator of Laurens County is in
violation, you MUST IMMEDIATELY contact the County Attorney or County Council.
INVESTIGATION
Upon receipt of a complaint alleging a possible ethics policy violation, the Human
Resources Director shall coordinate with the Department Head and County
Administrator to conduct and/or direct a timely and impartial investigation. If the
Department Head is, or may be a party to the complaint, the County Attorney or County
Council will assist in conducting or directing the investigation. If the Human Resource
Director may be a party to the complaint, the County Administrator and County
Attorney shall conduct or direct the course of the investigation. If the County
Administrator may be a party to the complaint, the County Attorney shall designate the
appropriate investigator(s) and direct the course of the investigation. Outside
investigators shall be utilized as necessary to ensure a complete investigation. Relevant
evidence shall be obtained and evaluated, and a recommendation shall be made
regarding the appropriate remedy and/or discipline. Both the complainant and the
charged party shall be notified of investigation findings once the investigation is
complete.
County employees shall fully cooperate with inquiries regarding potential
violations of this policy, and shall truthfully disclose what they know about matters
under investigation.
CONFIDENTIALITY
Reports of possible Ethics Policy violations shall be treated with confidentiality to
the maximum extent consistent with rigorous enforcement of the policy, and in
accordance with applicable laws.
RETALIATION
No employee shall be subjected to any form of retaliation for appropriately
reporting a possible Ethics Policy violation. Any employee or supervisor who initiates or
participates in retaliatory activity may be subject to discipline up to and including
dismissal. Employees who believe they have been subjected to retaliation must
immediately report the matter to the Department Head, Human Resource Director,
County Administrator, or County Attorney. The employee may also file their report with
the South Carolina Ethics Commission.
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FALSE INFORMATION
If, after investigating an Ethics Policy violation complaint, the County determines
that intentionally false or malicious information has been provided, disciplinary action
may be taken against the individual(s) who gave the intentionally false or malicious
information.
Personal Appearance
Dress Code
County employees are expected to maintain high personal, moral and ethical
standards. Each employee’s dress, grooming and personal hygiene should be
appropriate to their own work situation. Safety will always be the primary determining
factor in appropriateness. Any employee who is improperly dressed upon arriving at
work may be asked to return home to change and will not be paid for the time that they
are absent from their job.
All employees are expected to present a professional image at all times. In
compliance with this policy, the following are examples of unacceptable attire:
Backless garments, strapless tops, halter tops or midriff blouses
Shirts with slogans, advertising, foul language or obscene images
Torn, patched, faded or dirty clothing
Exercise clothing, sweat pants/shirts, shorts, or clothing that is see-through
or provocative in any manner.
Jewelry must be limited to a reasonable amount, and dangling jewelry,
including earrings, may be prohibited in certain work areas.
Offensive tattoos shall not be exposed
The County may use its discretion in determining what is offensive or excessive.
Uniform personnel are expected to keep their uniforms clean and neat, and
to be worn according to their respective department policies and regulations. Uniforms
are not to be worn in off duty hours unless specifically permitted by the County.
Casual Friday
Even though it is a casual Friday, be mindful of the activities taking place in your
department. Citizens are still forming opinions about your capabilities, sense of
judgment and taste. Be casual but do not go overboard if you are desiring to make the
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right impression. Jeans are acceptable on casual Friday, but must be in good condition
without holes, embellishments, or areas of fading. Make sure whatever you wear is
clean, ironed and presentable to the public. Refrain from wearing flip flops, t-shirts,
shorts, tank tops, etc. Tennis shoes are acceptable if clean and show a good
appearance.
All employees are expected to utilize good grooming habits and to exercise good
personal hygiene at all times. It shall be the responsibility of the Department Head to
ensure that employees under his supervision dress in a safe, efficient and professional
manner so as to project a positive professional image of Laurens County.
Responsibilities as Public Employees
As employees of Laurens County, your friends and the public will regard you as
“the County,” both on and off the job. This means that your actions directly reflect how
the public feels toward the government and the services rendered by the County.
Some basic points to consider in your relationship with the public:
When dealing directly with the public, show a genuine sympathetic interest in
the problem or request of the person. Use your ability to give the information or render
the service requested or assist him in getting the correct information. Be willing to help
promptly and courteously.
Correspondence is very important to good public relations. Written requests
must be answered promptly, with the correct tone and accuracy of information. Proper
spelling and punctuation creates the right impression of County responses.
Proper telephone etiquette is imperative when dealing with anyone calling the
County. Telephone calls should be answered promptly and courteously.
Employees are expected to arrive on time and work until the established closing
hour. Personal work or use of County tools, equipment and facilities during County time
for personal work is prohibited. Employees are expected to spend working hours
performing County work.
Personal phone calls should be limited to those that are necessary and should be
brief. Frequent personal calls may result in disciplinary action. Personal cell phones
should be set on “silent” or “vibrate” while at work. Unusual or emergency situations
should be discussed with the supervisor. Personal phone calls on any phone should not
be accepted while waiting on the public. Placing long distance calls on a County phone
is prohibited.
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Employees should cooperate with the mailroom by not using County facilities for
mailing personal letters, packages, papers, or magazines. Also, all personal mail should
be addressed to employee’s home.
Workplace Privacy and Computer Internet Use
The workplace is intended to be a place of work. An important part of work is
communications and record keeping. No employee is at work 24 hours a day, seven days
a week, and there are times when management needs access to communications or
records maintained by employees in the individual workplaces. Each employee must
understand that personal items and personal communications received or stored on
County premises are not entitled to a guarantee of privacy.
The County reserves the right to search for County property and documents in
employee desks, lockers, file cabinets, etc.
Use of the Internet by the employees of Laurens County is permitted and
encouraged where such use supports the goals and objectives of the business. However,
access to the Internet is a privilege and all employees must adhere to the policies
concerning Computer, Email and Internet usage.
When using the computers, Email and Internet as an employee of the County,
employees are reminded:
County employees are expected to use the Internet responsibly and
productively. Internet access is limited to job-related activities only and personal use is
not permitted.
Job-related activities include research and educational tasks that may be found
via the Internet that would help in an employee's role.
All Internet data that is composed, transmitted and/or received by Laurens
County’s computer systems is considered to belong to Laurens County and is recognized
as part of its official data. It is therefore subject to disclosure for legal reasons or to
other appropriate third parties
The equipment, services and technology used to access the Internet are the
property of Laurens County and the County reserves the right to monitor Internet traffic
and monitor and access data that is composed, sent or received through its online
connections.
Laurens County also reserves the right to “remote wipe” any and all of its
equipment and the County is not responsible for any personal data stored on a County
device when conducting such a wipe.
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Emails sent via the company email system shall not contain content that is
deemed to be offensive. This includes, though is not restricted to, the use of vulgar or
harassing language/images.
All sites and downloads may be monitored and/or blocked by Laurens County if
they are deemed to be harmful and/or not productive to business.
The installation of software is strictly prohibited.
Department Heads and public officials are not allowed to delete any emails
except those that are marked as spam or junk, (FOIA).
The use of external hard drives or USB flash drives is strictly forbidden unless
specifically approved in writing by the Department Head.
Portable devices such as laptops or tablets which are connected to the County’s
network will have encrypted hard drives or the data files will be encrypted by the third
party.
The following activities are prohibited and may be subject to disciplinary action
up to and including termination:
Sending or posting discriminatory, harassing, or threatening messages or images
on the Internet or via the County’s email service.
Using computers to perpetrate any form of fraud, and/or software, film or music
piracy.
Stealing, using, or disclosing someone else's password without authorization.
Downloading, copying or pirating software and electronic files that are
copyrighted or without authorization.
Sharing confidential material, trade secrets, or proprietary information outside
of the County.
Hacking into unauthorized websites.
Sending or posting information that is defamatory to the County, its services,
colleagues and/or citizens.
Introducing malicious software onto the company network and/or jeopardizing
the security of the organization's electronic communications systems.
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Sending or posting chain letters, solicitations, or advertisements not related to
business purposes or activities.
Passing off personal views as representing those of the County.
Sending or soliciting sexually oriented messages or images is prohibited.
If an employee is unsure about what constituted acceptable Internet usage, then
he should ask his supervisor for further guidance and clarification.
Employees are individually liable for any and all damages incurred as a result of
violating company security policy, copyright, and licensing agreements.
The County has licensed the use of certain commercial software application
programs for business purposes. Third parties retain the ownership and distribution
rights to such software. No employee may create, use, or distribute copies of such
software that are not in compliance with the license agreements for the software.
Confidentiality of Electronic Mail
Electronic media raises similar issues. The County provides electronic and
telephone communication and, when necessary, computers to employees. Although
assigned to the employee, these items are the property of the County. Similarly, any
computer files created on a County computer belong to the County. Employees are
prohibited from using County computers for personal business without the express
written permission of the County Administrator. This includes but is not limited to the
transmission of mass or bulk emails and any non-County related materials. The County
reserves the right to review and monitor voice mail, electronic mail, computer files, and
other electronic information generated by or stored in County electronic systems. The
release of specific information is subject to applicable state and federal laws and County
rules, policies, and procedures on confidentiality.
Electronic mail is subject at all times to monitoring, and the release of specific
information is subject to applicable state and federal laws and the County’s rules,
policies, and procedures on confidentiality. Existing rules, policies, and procedures
governing the sharing of confidential information also apply to the sharing of
information via commercial software. Since there is the possibility that any message
could be shared with or without your permission or knowledge, the best rule to follow
in the use of electronic mail for non-work-related information is to decide if you would
post the information on the office bulletin board with your signature.
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It is a violation of County policy for any employee, including system
administrators and supervisors, to access electronic mail and computer systems files to
satisfy curiosity about the affairs of others, unless such access is directly related to that
employee's job duties. Employees found to have engaged in such activities will be
subject to disciplinary action up to and including termination.
Electronic mail messages received should not be altered without the sender's
permission; nor should electronic mail be altered and forwarded to another user and/or
unauthorized attachments be placed on another's electronic mail message.
Personal electronic devices such as laptops and tablets, which are owned by the
employee, are not authorized to be used to access certain County data such as email
and cloud based storage.
Any Smartphone which is used to access County data systems will be
authenticated via the County’s Mobile Device Management (“MDM”) software. All
smartphones owned by the County must be authorized though the MDM. Part of the
authorization process allows the remote “wiping” of all County data.
Should you enter a prohibited site in error, you must notify the System
Administrator immediately.
Employees who regularly use County vehicles in the course of their job or
employees who may have the occasional need for a County vehicle should be aware
that Laurens County may deploy GPS and/or AVL devices in some or all of its vehicles.
Employees who attempt to disconnect or tamper in any way with these devices may be
subject to discipline up to and including termination.
Social Media
This policy provides general guidance regarding Internet use by Laurens County
personnel who are authorized to use County resources, subject to any supplemental
policies where applicable. This policy covers all Internet services, including but not
limited to, use of the World Wide Web, e-mail, file transfer, remote computer access,
news services, social media, social networking, instant messaging, blogs, wikis, and
video and other file sharing sites. The policy applies whether the Internet use is from
County facilities or from remote locations.
This policy is not intended or designed to prohibit or limit the lawful exercise of
employees’ rights under applicable federal or state law.
Where the term “personnel” is used in this policy, it applies to employees,
contractors, associates and others who are authorized to use County resources.
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This policy applies to activity performed on and off duty, whether using County
equipment or personal equipment and whether the activity occurs on or off the
premises of the County.
DEFINITIONS:
Social Media - various forms of discussion and information sharing including but not
limited to social net, blogs, video sharing, podcasts, wikis, message boards, and online
forums. Technologies include: picture sharing, wall-postings, e-mail, instant messaging,
and music-sharing to name a few. Examples of social media applications include but are
not limited to Google and Yahoo Groups (reference, social networking), Wikipedia
(reference), My Space (social networking), Facebook (social networking), YouTube
(social networking and video sharing), Flickr (photo sharing), Twitter (social networking
and microblogging), LinkedIn (business networking), and news media comment
sharing/blogging.
Social Networking - the practice of expanding the number of one’s business and/or
social contacts by making connections through web-based applications. Social
networking may include joining clubs and organizations or staying connected through
phone conversations and written correspondence such as letters. Examples of web sites
dedicated to social networking include but are not limited to Friendster, MySpace and
Facebook.
The County Administrator will review department requests to use social media
sites and may advocate using Social Media to help a department reach their stated goals
through the use of appropriate social media outlets. Any department approved to use
social media is responsible for complying with applicable federal, state and county laws,
regulations and policies. This includes but is not limited to adherence to established
laws and policies regarding copyright, records retention, Freedom of Information Act
(FOIA), HIPPA, First Amendment, Title VII, privacy laws and information security policies
established by the County.
Departments approved to use social media outlets must at all times conduct
themselves professionally as representatives of the County. Personnel failing to use
social media outlets in an appropriate manner may be subject to disciplinary action, up
to and including termination. Employees who do utilize social media outlets as part of
their job performance for the County are reminded that as a representative of the
County, everything posted has the potential to reflect on the County and its image. If
employees identify themselves as County employees on personal blogs or other
personal posts, they must also post a disclaimer making it clear that any opinion they
express is solely that of the author and does not represent the view of the County or its
Council. Some social sites allow its members to write recommendations or referrals for
friends and associates. Employees giving such referrals must also disclaim that the
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reference provided is their personal recommendation and does not necessarily reflect
that of the County or its Council.
Employees who are permitted to use County equipment for social media outlets
are prohibited from using County resources, including email for the following activities
during working or non-working hours:
Pursuit of private commercial business activities or profit-making
ventures.
Engage in activities working for the success or failure of a political party,
candidate for partisan political office, or partisan political group, or in support of
political fundraising.
Any prohibited direct or indirect lobbying.
Use that could create a charge or expense to the County that is not
expressly authorized.
Unauthorized creation, downloading, viewing, storage, copying, or
transmission of sexually explicit or sexually oriented material or other materials that are
illegal or discriminatory.
All employees are prohibited from posting any information that:
Is confidential to the County or any third party or disclose personal data
or information regarding County personnel that is exempt from the Freedom of
Information Act;
Is illegal;
Links an individual’s blog/personal web page to the County website.
The County seal and any trademark or service mark of the County may not be
used without expressed, written authorization.
Unless prohibited by law, the County monitor the Internet activity of employees.
If monitoring reveals evidence of possible misconduct or criminal activity, such evidence
may be referred to law enforcement or other officials for appropriate action.
The County will only view or monitor Internet activity when it has a legitimate
business related interest. The County may generally monitor sites including social
networking profiles and similar sites. Legitimate business related interests include, but
are not limited to:
Protecting County assets, reputation and resources
Maintaining employee productivity
Employee morale and security
Protecting the County against litigation
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Securing confidential information of the County and its employees where
it is exempted under the Freedom of Information Act
Without express authorization to use social media sites during working hours,
such activity is prohibited. Employees who violate this policy may be subject to
discipline, up to and including termination.
Transportation and Travel
When employees of the county are required to travel on official business, the
county will pay reasonable amounts for transportation, meals, and lodging. As a general
rule, overnight travel is not allowed for destinations within a 60-mile radius of the
employee’s normal work location.
All employees must complete a Laurens County Travel Request Form and have
prior approval of the Department Head or County Administrator before travel will be
reimbursed. This must be attached to the daily expense report.
Advances may be disbursed to authorized personnel for anticipated mileage
expenses when an overnight stay is required and approved by the Department Head
and County Administrator. Request for Advance form must be submitted prior to
departure.
In order to receive reimbursements, the employee must complete and submit a
daily expense report to the Finance Department within ten (10) days of the employee’s
return. A copy of the itinerary or a certificate of completion must also be attached,
detailed meal receipts and a copy of the motel/hotel bill.
Expense reports not properly supported by detailed receipts for all daily
expenses will not be honored.
1. Meals
In accordance with the daily per diem established by County Council, employees
shall be reimbursed for meal expenses incurred in connection with county-related
matters. Itemized receipts for all meal expenses are required. Tips shall not exceed
15% of actual cost. Grocery items and alcoholic beverages will not be reimbursed.
2. Lodging
When lodging is required, employees are expected to utilize standard, medium-
priced hotels and motels whenever possible. If an employee is to attend a formal,
organized meeting or convention, they may stay at the hotel or motel where the
meeting is held with advance Department Head approval. In all cases, the County will
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pay no more than the regular single occupancy rate and government rates must be
requested. Receipts for lodging must be presented with daily expense report.
3. Transportation
When feasible, a County vehicle shall be utilized. If the employee’s vehicle must
be utilized, the employee shall be reimbursed at a rate established by County Council. If
driving a personal vehicle, a Request to Drive Personal Vehicle form must be approved
prior to travel by the Department Head or County Administrator. The employee must
receive prior authorization to utilize their personal vehicle if reimbursement for travel
expenses is expected.
Mileage between an employee’s home and place of employment is not subject
to reimbursement. However, when an employee leaves on a business trip directly from
home and does not go by the employee’s headquarters, the employee shall be eligible
for reimbursement for actual mileage beginning at their residence.
Employees may be reimbursed upon proper receipt for all public transportation,
parking and toll fees.
Commercially rented vehicles and other special conveyances shall be allowed
only when the use of other available modes of transportation will not be more
advantageous to the County and such rental is approved in advance.
The County may purchase tickets in advance for employees traveling by common
carrier. All employees shall travel in tourist class whenever possible and request
government rates.
The County will NOT assume responsibility for traffic violations incurred during
the operations of a County vehicle or a privately owned vehicle or assume responsibility
for traffic accidents involving use of privately owned vehicles on County business.
Use of County Vehicles
The use of County automobiles will generally result in the least costly method of
transportation. County automobiles will be used unless circumstances dictate travel by
other conveyance for reasons of cost, efficiency or work requirements.
1. Authorized County employees are required to successfully complete a Defensive
Driving Course in order to operate a County vehicle or equipment.
Employees must complete this course every three (3) years from the date
of their last course certification.
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2. If an employee is involved in a chargeable accident, appropriate action will be
taken.
3. County owned vehicles will be used for official County business only.
4. No passengers are permitted unless they are on official business or traveling
with a County employee who is on official business. The transport of an individual under
the age of 18 in a County owned vehicle is strictly prohibited.
5. The use of tobacco products including without limitation E-Vape, E-Cigs and
smokeless tobacco is prohibited in all County vehicles.
6. Must be 18 years of age or older and possess a valid driver’s license to drive a
County vehicle. The County will periodically review the employee’s drivers’ license
through the Department of Motor Vehicles.
7. Supervisors and Department Heads may request a driving record at any time
from employees who operate a county vehicle or equipment.
8. If an employee is charged or convicted of a serious moving violation, such as DUI,
driving privileges will be suspended pending internal investigation.
9. Employees are responsible for any vehicle or equipment assigned to them.
10. Employees are required to obey all traffic laws when operating a County vehicle
including but not limited to the wearing of a seat belt for the driver and any passengers
in the vehicle.
11. Vehicles are to be driven in a manner that creates a favorable impression with
the public.
12. Laurens County prohibits employees from using cell phones while they are
driving. If you are driving and need to use the phone, you should pull off the road and
stop before you place a call or talk on the phone. You may use hands-free equipment
for cell phone use and continue driving. Talking on the phone while performing tasks is
dangerous to you and those around you. Violations to this policy may result in
disciplinary actions up to and including termination. This policy includes telephone calls,
texting, blogging, instant messaging, etc.
13. A recent eye exam and hearing test is also required for new hires that are
required to drive County vehicles.
14. No vehicle will be operated if any control mechanism is not in proper working
condition. Report improper mechanical conditions immediately to a supervisor or to the
County Motor Pool.
15. No employee may use the vehicle assigned to them for personal business, except
for incidental purposes such as meals.
16. When a vehicle is not being used for County business purposes, it is to be kept
on County property except as specifically exempted by a Department Head or County
Administrator.
17. Employees under the influence of intoxicants or any other controlled substances
are prohibited from operating a County vehicle. Additionally, intoxicants may not be
transported in a County owned vehicle unless it is for law enforcement purposes.
Anyone under the influence of intoxicants or other controlled substances is prohibited
from riding in a County vehicle. (Emergency services and law enforcement are
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exempted from the prohibitions against transporting controlled substances, intoxicants,
and those under the influence.)
18. OPERATORS AND PASSENGERS MUST WEAR SEAT BELTS AT ALL
TIMES.
Exceptions to this policy must be made with the approval of the County
Administrator.
Accidents
If a vehicle is involved in an accident, the driver’s first duty is to stop the vehicle.
Regardless of the situation, the following procedures must be followed in the event of
an accident:
1. Immediately notify the local law enforcement agency to obtain their accident
investigation and report, as well as report any emergency needs. Events of the accident
should not be discussed with anyone other than the appropriate authorities: law
enforcement, the employee’s immediate supervisor or Human Resources.
2. Notify Supervisor/Department Head immediately of any accident or possible
injuries. It will be the responsibility of the Department Head to notify Motor Pool and
the Risk Technician within 24 hours.
3. Complete a County accident report form within 24 hours. This report along with
the law enforcement agency’s report must be turned in to the Risk Manager.
4. The County Motor Pool will be responsible for obtaining 2 estimates for damage
costing more than $800.
5. Failure to promptly report accidents and provide the necessary information may
result in a loss of County driving privileges, suspension, demotion, or dismissal.
6. If the accident investigation and report determines the employee was negligent
or at fault, the employee may be responsible for payment of the deductible.
7. Any unauthorized personal use of such assigned vehicle is forbidden and may
subject the employee to disciplinary action.
8. Operators may be responsible for all fines or damages resulting from their own
negligence.
9. Operators must possess a valid and appropriate driver’s license for the vehicle
being driven. Employees whose jobs may require them to operate a motor vehicle are
required to notify Laurens County immediately in the event that any restriction or
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revocation is imposed on an employee’s ability to legally operate a motor vehicle. If
possession of a valid and current driver’s license is an essential function of the position
as held by the employee, failure to possess such a driver’s license may result in
administrative action by the County up to and including termination.
10. Immediately following any accident in a County vehicle, a drug and alcohol test
will be conducted. Failure to submit to drug and alcohol testing may result in discipline
up to and including termination.
Maintenance and Care of County Vehicles
a. A vehicle number is assigned by the County Motor Pool and is visible on
both sides of the vehicle.
b. Each employee assigned a County-owned vehicle is responsible for making
an appointment and ensuring periodic maintenance of the vehicle at the County Motor
Pool. The driver is obligated to schedule the appointment when the vehicle mileage is
within 500 miles of the next service.
c. Repairs other than scheduled maintenance, which is non-safety or non-
essential, must be submitted on a maintenance request form. These will normally be
completed at the next scheduled maintenance interval or at the discretion of the Motor
Pool Department.
d. Emergency repairs during normal working hours will be completed by the
County Motor Pool, with EMS and Sheriff’s deputies given top priority.
e. In the event of a mechanical failure, employees will call the County Motor
Pool to report the need for service and possibly a wrecker.
f. Special equipment (fire extinguisher, flashlights, first aid kits, gas cards,
etc.) must stay with the vehicle at all times. Important documents should also remain
with the vehicle at all times. Drivers are responsible for the security of these items.
g. The driver is responsible for ensuring that mechanical fluid levels are
maintained, including gasoline, engine oil, transmission fluid, radiator fluid, washer fluid,
etc.
h. For other maintenance requirements, drivers are required to contact
County Motor Pool for directives.
Hazardous Weather
1. ELIGIBILITY
a. The employees may not receive hazardous weather pay except under the
following exemptions:
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(1) The job they perform is not part of general public safety, (E-911,
EMS, Sheriff, Road, Maintenance, Fire, and EMA).
(2) The job they perform is not critical to the function of County
operations.
2. EARNING RATE FOR NON-CRITICAL EMPLOYEES
a. Unless specified above, employees may receive hazardous weather pay
up to three (3) days in a calendar year.
b. No payment of unused hazardous weather pay will be made unless the
County Administrator closes the non-critical offices due to inclement weather
conditions.
3. DECISION TO CLOSE
a. The decision to close County offices will rest solely with the County
Administrator. In the event of hazardous weather conditions, when it is clear that non-
critical personnel could cause harm by coming into their respective offices, the County
Administrator will make the decision to close by 7:00 a.m. He will inform E-911 and
Department Heads only should call E-911 to learn of the decision. All employees will be
notified of closing through their Department Head and supervisor. Employees who are
not department heads should not call E-911 to find out if their office is closed.
b. If the County is open during hazardous weather, an employee may take
accumulated annual leave to avoid hazardous road conditions. Unauthorized absences
will be charged to the employee as leave without pay and may result in other
disciplinary actions.
Employee Tobacco Product Usage
In order to protect the health of employees and citizens, the County of Laurens
has specific policies regarding the use of tobacco products.
1. The use of tobacco products is prohibited in all County buildings and vehicles.
Tobacco products are defined as, but not limited to:
Cigarettes, cigars, pipes, chewing tobacco, snuff, E-Cigs, Vapes, E-Vapes
“No Smoking” signs shall be conspicuously displayed in all buildings.
2. The County prohibits smoking within fifty (50) feet of the entrance of any County
owned or leased facility. County facilities include but are not limited to, all county
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owned or leased properties that are funded in whole with public funds and operated by
the County: offices, elevators, courtrooms, lunchrooms, restrooms, playgrounds, ball
fields, recreational facilities, and the like. County employees are reminded that this
policy shall be strictly enforced.
3. There shall be no “spitting” or disposing of liquid tobacco products in County
trash receptacles due to the danger of contracting contagious diseases and the un-
cleanliness of such actions.
The Employee Assistance Program (EAP) is available to all County employees who
wish to join in a tobacco cessation program.
Nepotism
Employees in the same immediate family will not be employed or continue to
be employed if one directly or indirectly supervises another or has responsibility for
reviewing the work of the other family member. For purposes of this policy, immediate
family includes: spouse, parent, child, grandparent, grandchild, brother, sister, parent-
in-law, grandparent-in-law, brother-in-law, and sister-in-law within the immediate
family of each other for this policy. Step-relatives are considered family members under
this policy.
If employees become related by marriage and create a situation prohibited by
this policy, one of the employees must give up their position. If the employees cannot
choose which of them it will be, the employee having the lowest budgeted annual
compensation will be removed. The County will make an effort to find another position
for the removed employee for which the employee is qualified and if the acquiring
Department Head approves the reassignment, but the County does not guarantee the
result of such an effort.
Unrelated employees residing together in an apparently romantic relationship
will be treated as being within the immediate family of each other for the purposes of
this policy.
Only the County Administrator of Laurens County has the authority to make an
exception to this policy.
Employment of close relatives may be permitted in strictly emergency situations
for temporary periods of time normally not to exceed thirty (30) calendar days or for
some longer period with the approval of the County Council in cases where other
qualified applicants are not available or on an essential task.
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Absenteeism/Tardiness
If you find it necessary to be absent from work, you must notify your supervisor
at least thirty (30) minutes before your work day is scheduled to begin. Likewise, if you
are tardy, you must contact your supervisor immediately to let him know that you will
be late for work.
Any employee who fails to report to work as scheduled or to call in for three (3)
consecutive days will be deemed to have voluntarily abandoned his job. Such an
employee will not be eligible to receive pay for unused, accumulated vacation, and may
be ineligible for rehire.
A doctor’s release slip may be required if you are absent from work for more
than three days.
Excessive absence or lateness may result in disciplinary action up to and
including termination.
Employees who are experiencing temporary problems with getting to work or
with timeliness issues should discuss this immediately with their supervisor to
determine if an accommodation can be made on a short-term basis.
EMPLOYEES MAY BE DISCIPLINED OR DISCHARGED FOR ANY REASON WHICH, IN THE
COUNTY’S SOLE DISCRETION WARRANTS DISCIPLINE OR DISCHARGE. THE COUNTY
RESERVES THE RIGHT TO TREAT EACH EMPLOYEE INDIVIDUALLY WITHOUT REGARD
FOR THE WAY IT HAS TREATED OTHER EMPLOYEES AND WITHOUT REGARD TO THE
WAY IT HAS HANDLED SIMILAR SITUATIONS.
Holidays
The following days are observed as paid holidays:
New Year’s Day January 1
Martin Luther King Day Third Monday in January
Good Friday Friday before Easter
Memorial Day Fourth Monday in May
Independence Day July 4
th
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Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day Friday after Thanksgiving
Christmas December 24, 25 and 26
Holidays occurring on Saturday are observed on the preceding Friday, and
holidays occurring on Sunday are observed on the following Monday. Public Safety
employees observe the calendar holiday. All holidays must be taken as a full day and
cannot be carried over from one calendar year to the next.
All employees will be granted eight (8) hours pay for a holiday.
All regular full-time employees are eligible for paid holidays.
a. Holidays occurring while an employee is in annual leave status are not
charged against annual leave.
b. When illness occurs on a holiday, an employee may not charge the day to
sick leave.
c. Terminated employees whose last day of employment falls on a holiday
do not receive holiday pay unless they actually worked that day. Upon termination,
employees will not be reimbursed for unpaid holiday pay.
d. Employees do not receive holiday pay when the first day of leave without
pay starts on a holiday or the day following, or if the leave without pay period ends on a
holiday or the preceding day.
e. Employees are required to work the last scheduled work day before and
the first scheduled work day after a scheduled holiday unless the employee is on
approved leave. An approved absence is a day of paid vacation or paid short-term
absence. If an employee is absent on one or both of these days because of an illness or
injury, the County reserves the right to verify the reason for the absence before
approving holiday pay.
f. Holiday hours are not considered as hours worked for overtime purposes.
When the demands of a service or work schedule such as the Sheriff’s
Department personnel or others are such that an employee is required to work on a
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holiday, arrangements will be made for the employee by the Department Head in
accordance with applicable administrative procedures.
Annual Leave
1. Eligibility
a. Annual leave is used by employees who have successfully completed
their six-month introductory period and who are regular full-time employees.
b. Newly employed individuals who successfully complete their introductory
period begin to accumulate annual leave credit from their hire date.
c. Elected officials are not eligible for annual leave.
2. Accumulation Rate
a. The leave year runs from January 1
st
through December 31
st
.
b. Annual leave for all full-time employees is accumulated at the rate
indicated below.
3. Accumulation
Accumulation of Annual Leave time will be as follows:
During the first year of employment, vacation will be accumulated at the rate of
40 Hours per year.
The second through the eighth year of employment will accumulate at the rate
of 80 hours per year.
From the beginning of the ninth year will accumulate at the rate of 120 hours per
year.
Employees may carry the equivalent of 240 hours of unused annual leave from
one calendar year to the next not to exceed the maximum accumulation authorized.
When a recognized holiday falls during an annual leave period, that day will not
be counted as a day of annual leave.
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Newly hired employees shall earn full annual leave credit for any month (pay
period) in which they are in a pay status for at least half of that period.
Annual leave must be taken in a minimum of one (1) hour increments for non-
exempt employees.
4. Granting Leave to Employees
An employee desiring to take scheduled vacation must receive prior approval
from their Supervisor or Department Head at least one week in advance. In an
emergency, or when circumstances make a written/advance request impractical, a
verbal request and approval may be made. Documentation will be accomplished at the
earliest practical time.
Department Heads are the approving authorities for subordinates leave request.
Work requirements, scheduling, and shift operations, etc. will be taken into
consideration. The County Administrator or designee is the leave approving authority
for department heads. Approved leave request forms will be forwarded with the
appropriate time sheet prior to the first day of leave or with the appropriate time sheet.
While the County endeavors to allow employees to take paid annual leave at
times most convenient to them, not all requests for leave will be approved and
requested leave is not guaranteed. The Department Head will make the determination
as to who may take leave based on the needs of the County. Annual leave may not be
taken prior to the actual accumulation.
Upon separation from County employment, a regular employee will be paid any
wages due and unused but accumulated vacation leave as follows, subject to any
mandatory caps on leave accumulation as Council may from time to time establish:
Employees giving and working a two-week notification of their resignation will
be eligible to receive their accumulated but unused vacation pay up to a maximum of six
workweeks as appropriate to each individual employee. Whether the employee will be
required to work that notice is at the discretion of the County. Employees who do not
give and work the proper notice or who are terminated for disciplinary reasons will not
be paid for accumulated but unused vacation.
Sick Leave
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ELIGIBILITY
Sick leave is accumulated and used by employees who are regular full-time
employees.
Elected officials do not accumulate sick leave.
Employees are granted sick leave for:
Periods when he is unable to work due to personal illness or injury or
when the employee’s presence may endanger the health of fellow workers. For the
purpose of this policy, any disability that is caused by pregnancy or other childbearing
complications shall be treated the same as any other illness or injury.
Medical and dental appointments, optical examinations (including fitting
for glasses), or other treatment by recognized practitioners and counseling associated
with emotional, mental illness, alcoholism, and drug problems.
Exposure to a contagious disease that can be transmitted to others.
An employee may, with the approval of the County Administrator and
their Department Head, use a designated number of their accumulated sick leave for the
care of an immediate family member. Immediate family member is defined as the
spouse, children, parents, grandparents, great-grand parents, brothers, sisters,
grandchildren, of either the employee or the spouse, stepchildren, and stepparents.
A physician certificate is required if sick leave exceeds three days or at the
discretion of the department head.
ACCUMULATION RATE
a. The leave year runs from January 1
st
through December 31
st
.
b. Sick leave is accumulated at the rate of 8 hours per month of continuous service.
c. Employees placed on the payroll on or before the fifteenth of the month will
accumulate one working day for that month. Employees placed on the payroll after the
fifteenth of the month will not accumulate a day for that month.
ACCUMULATION
a. Employees are authorized to carry over a maximum of 720 hours unused
sick leave per calendar year. Upon separation from employment, all sick leave
accumulated by an employee shall be recorded in his/her personnel records. No
payment of sick leave will be made.
b. When a recognized holiday falls during a sick leave period, that day will not
be counted as a day of sick leave.
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c. When an employee becomes sick during annual leave, he may substitute
sick leave to cover the period of illness. Upon return from annual leave, individuals
must promptly report his situation to their immediate supervisor and submit a written
request for substitution to be approved by the department head. Physician’s certificate
is required if sick leave exceeds three days.
d. Sick leave may not be taken prior to being accumulated.
PHYSICIAN’S CERTIFICATION
A physician’s certificate verifying that an employee was incapacitated due to
illness or injury is required if the absence exceeds three (3) consecutive working days.
NOTIFICATION OF ILLNESS
Employees are required to notify their immediate supervisor (or representative if
the supervisor is not available) at least thirty (30) minutes before your work day is
scheduled to begin. In an emergency, notification should be made as soon as it is
practical and may be made by someone other than the employee. Failure to provide
notification within two (2) hours after the start of work, without a reasonable excuse,
may result in denial of sick leave. Employees are required to keep their supervisor
informed of their situation and anticipated date of return. Employees must continue to
call their supervisor on subsequent days of absence.
GRANTING OF LEAVE TO EMPLOYEES
Department Heads are the approving authorities for subordinates leave request
and will designate a reasonable time frame for submission of leave requests, taking into
account work requirements, scheduling, and shift operations, etc.
The County Administrator is the leave approving authority for department
heads.
No paid sick leave will be granted during the two-week resignation notice.
a. Employees giving and working a two-week calendar notification of their
resignation will be eligible to receive their accumulated but unused annual leave pay.
Whether the employee will be required to work that notice is at the discretion of
Laurens County. In the event of the death of an active employee, payment shall be
made to his legal representative.
b. Employees who do not give and work the proper notice or who are terminated
for disciplinary reasons will not be paid for accumulated but unused annual leave.
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Should an employee terminate service while under introductory status, all accumulated
annual leave is forfeited.
Leave of Absence
Military Leave
Employees are entitled to such leave of absence and reinstatement upon return
from leave of absence for military service (including Reserve and National Guard duty)
as may be provided by applicable state and federal law. An employee going on military
leave shall present a copy of his orders to the appropriate Department Head not more
than three (3) days after receiving them. Employees are entitled to reinstatement upon
release from military service as provided in state and federal laws. The provisions of
such laws change from time to time and for that reason no effort is made to set forth
the law in this policy.
Personal Disability and Personal Leave
Physical Disability and Personal Leave (Applies Only to Employees
Employed Less Than 12 Months, to Employees Who Have Worked Fewer
Than 1250 hours in the Preceding 12 Months, and to Longer-Term, and to
Regular Employees Whose Reasons for Leave are Not Covered by the Family
And Medical Leave Act (FMLA).
An employee who has competed his initial Introductory Period (and any
extension thereof) is able to request a leave of absence for up to six months when
unable to work because of sickness, pregnancy, or injury on or off the job. Such an
employee may also apply for a leave of absence for person reasons. Personal leaves are
granted only in the discretion of the County Administrator upon recommendation by the
employee’s supervisor. Employees still in their probationary periods who are absent for
more than five consecutive scheduled workdays because of any physical incapacity may
be administratively terminated, but will be eligible for rehire.
Employees are requested to apply for leaves of absence as far in advance of
need as is possible, but an employee may be placed on leave status without application
when the circumstances warrant such action.
1. Physical disability leaves will begin on the first day of absence.
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2. After the employee has exhausted his personal and annual leave, as a general
rule, an employee on leave of absence is not entitled to wages or fringe benefits and
does not accumulate fringe benefits. Certain exceptions may be established by law.
3. An employee desiring to return to work from an unpaid leave of absence should
notify Human Resources Director in writing at least ten (10) days prior to his desired
date of return. The County may require a fitness for duty examination. If the County
finds that the employee is fit to resume his duties, the employee may be recalled to his
former job if a vacancy exists which is to be filled. If no such vacancy exists, the
employee may be recalled to any job in which there is a vacancy which is to be filled and
for which he is qualified. If no such vacancy exists at the time the employee desires to
return to work, the employee’s leave of absence may be continued. Any employee who
has been reinstated within six (6) months following the commencement of a leave of
absence may be terminated. This action shall not affect the employee’s eligibility to be
considered for hire as a new employee at some future time.
4. When an employee’s leave of absence is due to pregnancy or the birth of a child,
the employee, upon her release for duty within the prescribed leave time, will be placed
in their former position or similar position without loss of benefits.
5. VOTING - Employees who live such a distance from their work locations that
would prevent them from voting are allowed up to two (2) hours administrative leave in
order to vote.
Family and Medical Leave
The federal Family & Medical Leave Act of 1993 (FMLA) as amended in 2008
requires employers with 50 or more employees to provide eligible employees with
unpaid leave. There are two types of leave available, including the basic 12 week leave
entitlement (Basic FMLA Leave), as well as the military family leave entitlements
(Military Family Leave) described in this policy.
Eligibility for FMLA Leave
Employees are eligible for FMLA leave if they:
1. Have worked for the County for at least 12 months;
2. Have worked at least 1,250 hours for the County during the 12 calendar months
immediately preceding the request for leave; and
3. Are employed at a work site that has 50 or more employees within a 75-mile
radius.
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Employees with any questions about their eligibility for FMLA leave should contact
Human Resources for more information.
Basic FMLA Leave
Employees who meet the eligibility requirements described above are eligible to
take up to 12 weeks of unpaid leave during a 12-month period for one of the following
reasons:
1. To care for the employee’s child after birth or placement for adoption or foster
care;
2. To care for a spouse, son, daughter, or parent (“covered relation”) with a serious
health condition;
3. For incapacity due to the employee’s pregnancy, prenatal medical or child birth;
or
4. Because of the employee’s own serious health condition that renders the
employee unable to perform an essential function of his or her position.
Married Couples
In cases where a married couple is employed by the County, the two spouses
together may take a combined total of 12 weeks’ leave during any 12- month period for
reason #1, or to care for the same individual pursuant to reason #4.
Military Family Leave
There are two types of Military Family Leave available.
1. Qualifying exigency leave. Employees meeting the eligibility requirements
described above may be entitled to use up to 12 weeks of their Basic FMLA Leave
entitlement to address certain qualifying exigencies. Leave may be used if the
employee’s spouse, son, or daughter, is on active duty or called to active duty status in
the National Guard or Reserves in support of a contingency operation. Qualifying
exigencies may include:
Short-notice deployment (up to 7 days of leave)
Attending certain military events
Arranging for alternative childcare
Addressing certain financial and legal arrangements
Periods of rest and recuperation for the service member (up to 5 days of
leave)
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Attending certain counseling sessions
Attending post-deployment activities (available for up to 90 days after
the termination of the covered service member’s active duty status)
Other activities arising out of the service member’s active duty or call to
active duty and agreed upon by the County and the employee
2. Leave to care for a covered service member. There is also a special leave
entitlement that permits employees who meet the eligibility requirements for FMLA
leave to take up to 26 weeks of leave to care for a covered service member during a
single 12-month period. A covered service member is a current member of the Armed
Forces, including a member of the National Guard or Reserves, who has been rendered
medically unfit to perform his or her duties due to a serious injury or illness incurred in
the line of duty while on active duty that may render the service member medically
unfit to perform his or her duties for which the service member is undergoing medical
treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary
disability retired list.
When both husband and wife work for the same employer, the aggregate
amount of leave that can be taken by the husband and wife to care for a covered service
member is 26 weeks in a single 12- month period.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can
be taken intermittently or on a reduced leave schedule when medically necessary.
Employees must make reasonable efforts to schedule leave for planned medical
treatment so as not to unduly disrupt the employer’s operations. Military Family Leave
due to qualifying exigencies may also be taken on an intermittent basis. Leave may not
be taken on an intermittent basis when used to care for the employee’s own child
during the first year following birth, or to care for a child placed with the employee for
foster care or adoption, unless both the employer and employee agree to such
intermittent leave.
Pay, Benefits, and Protections During FMLA Leave
Leave is unpaid.
Family medical leave is unpaid leave (although employees may be eligible for
short- or long-term disability payment and /or worker’s compensation benefits under
those insurance plans) if leave is taken because of an employee’s own serious health
condition.
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Coordination of Paid Time Off for Unpaid Leave.
An employee who must be absent for an FMLA-qualifying reason will be paid for
time lost from work from accumulated paid time off balances, if any. Leave taken under
this policy counts toward the employee’s 12 weeks of leave (or 26 weeks, where
appropriate) regardless of whether all or part of the employee’s leave is paid. An
employee’s family medical leave runs concurrently with other types of leave, i.e., paid
vacation.
For leave taken for a qualifying exigency, the employee must use paid personal,
vacation, or family leave time concurrent with unpaid FMLA leave. The same rules apply
as if the employee took FMLA leave to care for a family member with a serious health
condition or for the birth or placement of a child.
For leave to care for a seriously injured or ill family member in the military an
employee must use paid personal, vacation, family leave, sick, or medical leave time
concurrent with unpaid FMLA leave. The same rules apply as if the employee took leave
for his or her own serious health condition. The employer will not provide paid sick
leave or paid medical leave in any situation in which the employer would not normally
provide any such paid leave.
Medical and Other Benefits
During an approved family medical leave, the County will maintain the
employee’s health benefits as if the employee continued to be actively employed.
Where paid leave is used concurrently with unpaid family medical leave, the County will
deduct the employee’s portion of the health plan premium as a regular payroll
deduction. If leave is unpaid, the employee must pay his or her portion of the premium
by submitting payment through Human Resources on the same day that payroll would
have been received by the employee.
An employee’s healthcare coverage will cease if the employee’s premium
payment is more than 30 days late. If the payment is more than 15 days late, the
County will send the employee a letter to this effect. If the County does not receive the
co-payment within 15 days after the date of that letter, the employee’s coverage may
cease. If the employee elects not to return to work for at least 30 calendar days at the
end of the leave period, the employee will be required to reimburse the County for the
cost of the premiums paid by the County for maintaining coverage during the unpaid
leave, unless the employee cannot return to work because of a serious health condition
or other circumstances beyond the employee’s control.
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Return to Job at End of FMLA Leave
Upon return from FMLA leave, most employees must be restored to their
original or equivalent positions with equivalent pay, benefits, and other employment
terms. The County reserves the right to require a second medical opinion before an
employee returns to work after an extended period of time.
Employee Responsibilities When Requesting FMLA Leave
If the need to use FMLA leave is foreseeable, the employee must give the County
at least 30 days’ prior notice of the need to take leave. When 30 days’ notice is not
possible, the employee must give notice as soon as practicable (within 1 or 2 business
days of learning of the need for leave except in extraordinary circumstances). Failure to
provide such notice may be grounds for delaying the start of the FMLA leave.
Requests for FMLA leave must be submitted to the Human Resources Director.
When submitting a request for leave, the employee must provide sufficient information
for the County to determine if the leave might qualify as FMLA leave, and also provide
information on the anticipated date when the leave would start as well as the duration
of the leave. Sufficient information may include that the employee is unable to perform
job functions; that a family member is unable to perform daily activities; that the
employee or family member needs hospitalization or containing treatment by a
healthcare provider; or the circumstances supporting the need for military family leave.
Employees also must inform the County if the requested leave is for a reason for which
FMLA leave was previously taken or certified. Employees also will be required to provide
a certification and periodic recertification supporting the need for leave.
Employer Responsibilities
When an employee requests leave, the County will inform the employee
whether he is eligible under the FMLA. If the employee is, the employee will be given a
written notice that includes details on any additional information he or she will be
required to provide. If the employee is not eligible under the FMLA, the County will
provide the employee with a written notice indicating the reason for ineligibility and the
employee can request leave under the Personal Disability leave policy.
If leave will be designated as FMLA-protected, the County will inform the
employee in writing and provide information on the amount of leave that will be
counted against your 12 or 26-week entitlement.
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An employee’s employment will automatically terminate if he does not return to
full active employment status at the conclusion of his leave of absence or the
exhaustion of all paid leave time accumulated but unused.
Key Employees (salaried employees in highest paid 10% of all employees) may be
denied reinstatement rights if reinstatement would cause substantial and grievous
economic injury to operations.
Secondary employment (otherwise known as “moonlighting”) while out of work
on FMLA or medical leave of absence without the express written permission of the
County Administrator is prohibited.
This policy does not create contract rights. In no case will an employee have a
greater right to a job than he would have had if he had not taken leave under this
policy.
Bereavement Leave
1. ELIGIBILITY
Upon request, a regular full-time employee shall be provided leave with pay, in the
event of the death of a member of the immediate family as stated below.
a. For the purposes of this policy, an immediate family member is defined as a
spouse, parents, brothers, sisters, children, mother-in-law, father-in-law, son-in-law,
daughter-in-law, grandparents, grandchildren, sister-in-law/, brother-in-law, and
grandparent-in-law of the employee. “Step” relatives will be considered relatives within
the meaning of this policy if the employee and the step relative lived in the same
household for a substantial period of time.
b. Funeral leave in the amount of three (3) consecutive working days shall be
granted and taken within five (5) consecutive calendar days of the death. If the
employee must travel out of town and will exceed the granted leave time, he may use
unused but accumulated leave time to cover additional time.
c. When a death occurs in the employee’s family while he is on annual or sick
leave, the period of such leave shall be extended accordingly. In unusual circumstances
additional leave time can be granted upon the approval of the Department Head.
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2. PROCEDURES
a. The employee will notify his immediate Supervisor/Department Head as soon as
possible, providing the name and relationship of the family member. A leave request
form will be submitted immediately upon return to duty.
b. The supervisor should notify the Department Head immediately, being sure to
give the dates the employee is absent from work due to death of family members.
c. The supervisor must get the full name of the deceased. This step is especially
important if the deceased is not a resident of Laurens County. In addition, the
employee must complete the leave request form. This form should be completed
before the leave is taken when possible, but must be submitted no later than the day
after the employee returns to work.
d. The Department Head will authorize the payroll department to include the
funeral leave pay in the employee’s check.
Court Leave
JURY DUTY EXEMPTIONS
Section 14-7-850 of the South Carolina Code of Laws provides that local
government officers are exempt from jury service while in the actual discharge of their
duties as such officers. Notaries are not considered as state officers for the purpose of
this exemption.
ELIGIBILITY
Any employee of the County, who is non-exempt from jury service, as specified
above, shall be eligible for court leave with pay for a maximum of ten (10) days when
summoned to serve as a jury member.
a. The employee shall retain any travel payments received.
b. Jury fees received by the employee shall be the employee’s.
c. Any employee who is exempt under the provision of the State Law and
whom elects to serve as a jury member shall be charged annual leave or leave without
pay for the period of the service.
d. When an employee is excused from jury duty for a period exceeding two
hours, he shall return to duty unless returning to duty would create a hardship to shift
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operations schedule or distance to duty location. If the employee does not return to
duty, the time shall be charged leave without pay.
e. If jury duty occurs on a scheduled day off, the employee shall not receive
additional time off.
COURT ATTENDANCE AS AN OFFICIAL EMPLOYEE
All time spent in court as a witness in connection with an employee’s official
duties shall be counted as hours worked and included in the total hours worked per
week. Court attendance occurring on a day off or holiday shall be treated in the same
manner as employees who work on their day off or a holiday.
PERSONAL LITIGATION
Court leave is not authorized for employees involved in personal litigation. The
absence of an employee due to private litigation may be charged to unused
accumulated annual leave or leave without pay. The employee is expected to provide
the same notification to his immediate supervisor as is required for paid court leave.
NOTIFICATION AND APPLICATION
An employee will notify his immediate supervisor when jury duty or witness appearance
is scheduled and the anticipated duration.
a. Application for appropriate leave status will be completed by the
employee and submitted to his Supervisor/Department Head.
b. The Supervisor/Department Head will verify the requirement by
reviewing the summons or subpoena.
c. Upon release by the court, the employee will provide his Supervisor or
Department Head with relative statements issued by the Clerk of Court, documenting
dates, times, and amounts paid. If any fees paid to the employee are required to be
turned over, they will be collected upon return to duty.
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Benefits
Retirement System
All regular full-time employees of the County are required to participate in the
following retirement program:
A. South Carolina Retirement System
B. South Carolina Police Officers Retirement System
Credits for Previous Service
a. Personnel with prior service in the regular state retirement programs are
eligible for reinstatement of previous service.
b. Rules and regulations for credit for military service for eligible employees
shall be set in accordance with the requirements of the South Carolina Retirement
System. Additional information may be obtained from the South Carolina Retirement
System.
c. Details for prior credit of service are contained in publications produced by
the State Retirement System. In addition, any questions concerning benefits or eligibility
for membership should be directed to the Human Resources Department or from the
South Carolina Retirement System (1-800-868-9002) or their website at
www.retirement.sc.gov.
Part-Time and Temporary Employees
Part-time and temporary employees who are members of one of the retirement
systems because of other full-time employment will make appropriate contributions to
the retirement system from salaries paid during their employment status with Laurens
County in compliance with State retirement requirements.
Collection of Contributions
a. Regular full-time employee contributions are set at the state established
percentage.
b. Law enforcement full-time employee contributions are set at the state
established percentage.
Employee Orientation of Retirement Benefits
At the time of initial processing, all new employees eligible for coverage under
the retirement system will be briefed on the provisions of the system, cost and benefits.
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Group Health Insurance
Basic Coverage of Employees
It is the policy of Laurens County to provide group health and life to all regular
employees who work a minimum of thirty (30) hours per week and current council
members. Employee contribution rates are designated by the insurance carrier and
regulated by County Council. Contributions for employees and dependents are payroll
deducted. Failure to pay premiums may result in a lapse or termination of coverage.
Additional information on the specific coverage available may be obtained
through the Human Resources Department.
The County’s portion of the employee’s premium shall not be paid for any
employee on a leave without pay or on a non-pay status at the time payment is to be
made to the insurance provider. Such an employee may elect to continue his coverage
during his leave period by remitting payments for the County’s portion as well as any
optional payments for dependents. These payments must be made one month in
advance. Failure to pay premiums may result in a lapse or termination of coverage if
payment is not received by the County by the 20
th
day of each month that the employee
is on non-pay status. Invoices will not be sent to the employee to remind them of this
payment due.
At the time of initial processing, all eligible employees will be provided the forms
necessary for enrollment in all insurance programs and information brochures
explaining coverage benefits. Dependent coverage will also be explained, brochures
and enrollment forms provided, method and amount of payments for coverage
explained. All forms must be completed and returned 30 days from date of hire.
Notice of Right to Health Care Continuation Coverage
Federal law provides that most employers sponsoring a group health plan offer
covered employees and their covered dependents the opportunity for a temporary
continuation of health coverage (called “continuation coverage”) at group rates in
certain instances where coverage under the plan would otherwise end.
A notice is provided to all new employees at orientation to inform them, in a
summary fashion, of their rights and obligations under the continuation coverage
provisions of the federal law. Both the employee and his covered spouse should take
the time to read this summary notice carefully. A more detailed notice will be provided
separately.
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Continuation coverage under the group health plan at the employee’s expense is
available if you become ineligible for coverage under the plan due to the occurrence of
one of the following events:
a. The covered employee’s voluntary or involuntary termination (other than by
reason of gross misconduct) of employment or loss of eligibility to participate in the plan
due to reduced hours;
b. The covered employee’s death;
c. The covered employee’s divorce or legal separation;
d. The covered employee’s dependent child ceases to be a dependent (as that term
is defined by the plan);
e. The covered employee becomes eligible to receive Medicare benefits;
f. Bankruptcy proceedings of the employer under Title 11.
g. As provided for under USERRA.
If you elect continuation coverage, the employer is required to offer group
health insurance, which as of the time coverage is being provided, is identical to the
coverage provided under the plan to similarly situated employees or dependents. The
full cost of the insurance is passed on to the employee plus an administrative fee as
determined by the insurance carrier.
HIPAA/Medical Information
This policy describes how health information about you may be used and
disclosed and how you can get access to this information. If you have any questions, ask
your Supervisor or Human Resources.
Laurens County is committed to keeping our employees' personal information
private. This policy of privacy applies to our health plans that are covered by state or
federal law, for example: health benefit plans, dental plans, employee assistance plans,
and pharmacy benefit programs. We will refer to all of these plans in this policy as the
Benefit Plans.
The Benefit Plans offered to you by the County are required by federal and state
law to protect the privacy of your health information and other personal information,
and to provide you with notice about our policies and protections. When the Benefit
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Plans use or disclose your protected health information, the Benefit Plans promise to
respect the privacy of that information.
The Benefit Plans will not use your protected health information or disclose it to
others without your permission, except for the following reasons:
* Treatment
* Payment
* Health Care Operations
* Disclosure to Employer or Operating Company
* Disclosure to Health Care Vendors and Accreditation Organizations
* Public Health Activities
* Health Oversight Activities
* Research
* To Comply with the Law
* Judicial and Administrative Proceedings
* When required by Law Enforcement Officials
* Health or Safety
* Government Functions
* Workers' Compensation
The Benefit Plans may also disclose your protected health information when
necessary to file claims with other insurance carriers.
The Benefit Plans will not use or disclose your protected health information for
any purpose other than the purposes described in this policy without your written
agreement. You may take back an authorization that you gave before by sending a
written request to Human Resources but not about any actions the Benefit Plans have
already taken.
The Benefit Plans may disclose protected health information about you to a
relative, a friend or any other person you identify, provided the information is directly
relevant to that person's involvement with your health care or payment for your care.
For example, if a family member or a caregiver calls us with knowledge of your
protected health information, we may confirm it or answer questions about it.
You have the right to stop or limit this type of disclosure by contacting Human
Resources.
You have the right to additional restrictions on who can see your protected
health information. While the Benefit Plans will consider all requests for restrictions
carefully, they are not required to agree to a requested restriction.
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You have the right to confidential communications about your protected health
information. While the Benefit Plans will consider reasonable requests carefully, the
Benefit Plans are not required to agree to all requests.
You have the right to see and copy your protected health information. If you ask
for copies, the Benefit Plans may charge reasonable copying and mailing costs.
You have the right to request corrections to your protected health information. If
your doctor or another person created the information that you want to change, you
should ask that person to change the information.
You have the right to know who your protected health information is disclosed
to. If you request an accounting more than once during any 12-month period, the
Benefit Plans will charge you a reasonable fee for each accounting statement after the
first one.
If you want to make any of the requests listed above, you must contact the
Human Resources Director.
If you want more information about your privacy rights, do not understand your
privacy rights, are concerned that the Benefit Plans have not respected your privacy
rights, or disagree with a decision that the Plans made about who can see your
protected health information, you may contact Human Resources. You may also file
written complaints with the Secretary of the U.S. Department of Health and Human
Services. We will not take any action against you if you file a complaint with the
Secretary of Health and Human Services or Human Resources.
Finally, the Benefit Plans may change this policy at any time. If the policy is
changed, the Benefit Plans may make the new policy effective for all of your protected
health information that the Benefit Plans maintain, including any information created or
received before the new policy. If the Benefit Plans change this policy, you will be
notified of the change.
The County complies with the privacy laws concerning protected health information
as established under The Health Insurance Portability and Accountability Act (HIPAA).
Employee Assistance Program
Laurens County provides an Employee Assistance Program for employees to help
with problems that may affect their well-being and job performance. The EAP is also
available for use by dependent(s) of the employee. _____________EAP is the provider
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for Laurens County employees. The program is designed to help with a variety of “life
problems.” Some of the situations commonly dealt with include, but are not limited to:
Family and marital problems Grief
Alcohol and drug problems Personal conflicts
Legal and financial difficulties Family financial planning
Emotional and psychological problems Health and wellness issues
Stress Depression
If the employee and/or dependent(s) need to talk with an Employee Assistance
Professional, they simply call ___________________(toll free). The program is available
24 hours a day for emergencies. Appointments may be made during normal business
hours, Monday Friday.
All contact with the Employee Assistance Program is CONFIDENTIAL. If an
employee chooses to call or make an appointment, no one will know that EAP was
contacted. Information regarding an employee will not be released unless the
employee has given prior written permission.
The cost is free to employees and/or dependents and paid by the County.
Employees are encouraged to take advantage of this benefit.
Health Insurance Marketplace Coverage
Laurens County complies with the Patient Protection and Affordable Care Act of
2010 (ACA). Section 1512 of the ACA amended the Fair Labor Standards Act (FLSA),
requiring employers to provide a notice to employees of coverage options available
under the ACA. Beginning January 1, 2014, individuals and employees of small
businesses will have access to affordable coverage through a new competitive private
health insurance market the Health Insurance Marketplace.
The Marketplace is designed to assist in finding health insurance that meets an
individual’s needs and budget. The Marketplace offers “one-stop” shopping to find and
compare private health insurance options. Individuals may also be eligible for a new
kind of tax credit that lowers the monthly premium. Open enrollment times can be
found on the U.S. Department of Labor website.
1. General Guidelines
Individuals may qualify to save money and lower their monthly premium, but
only if the employer does not offer coverage, or offers coverage that does not meet
certain standards. The savings on the monthly premium is predicated upon the
individual’s household income.
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If an individual is offered health coverage from an employer that meets certain
standards, he will not be eligible for a tax credit through the Marketplace and may wish
to enroll in the employer’s health plan. However, he may be eligible for a tax credit that
lowers the monthly premium, or a reduction in certain cost-sharing if the employer does
not offer coverage to the individual at all or does not offer coverage that meets certain
standards. If the cost of a plan from the individual’s employer that would cover the
employee (and not other members of the employee’s family) is more than 9.5% of the
employee’s annual household income, or if the coverage the employer provides does
not meet the “minimum value” standard
1
set by the ACA, the employee may be eligible
for a tax credit.
If the employee purchases a health plan through the Marketplace instead of
accepting health coverage offered by the employer, the employee may lose the
employer contribution, if any, to the employer-offered coverage. Also, this employer
contribution, as well as the employee contribution to the employer-offered coverage, is
often excluded from income for Federal and State income tax purposes. Employee
payments for coverage through the Marketplace are made on an after-tax basis.
The Marketplace can help you evaluate your coverage options, including your
eligibility for coverage through the Marketplace and its cost. For more information on
the Marketplace, including an online application for health insurance coverage and
contact information for a Health Insurance Marketplace in the area, go to
HealthCare.gov.
For more information about coverage offered by the County, please check your
summary plan description or contact the Human Resources Director.
2. Information about Health Coverage Offered by Laurens County to Employees
This section contains information about any health coverage offered by the
County. If you decide to complete an application for coverage in the Marketplace, you
will be asked to provide this information. This information is in the order in which it is
requested on the Marketplace application.
Employer Name: Laurens County
Employer EIN: ________________________
Employer Address: 100 Hillcrest Square
1
An employer-sponsored health plan meets theminimum value standard if the plan’s share of the total allowed
benefit costs covered by the plan is no less than 60 percent of such costs.
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Employer Phone #: 864-984-3691
City: Laurens
State: South Carolina
ZIP Code: 29360
Contact: Human Resources
As your employer, we offer a health plan to:
All employees.
Some employees. Eligible employees are:
With respect to dependents:
We do offer coverage. Eligible dependents are:
We do not offer dependent coverage.
If checked, this coverage meets the minimum value standard, and the
cost of this coverage to you is intended to be affordable based on
employee wages.
Even if the County intends your coverage to be affordable, you may still be
eligible for a premium discount through the Marketplace. The Marketplace will use
your household income, along with other factors, to determine whether you may be
eligible for a premium discount. If, for example, your wages vary from week to week, if
you are newly employed mid-year, or if you have other income losses, you may still
qualify for a premium discount.
If you decide to shop for coverage in the Marketplace, HealthCare.gov will guide
you through the process. Answers to the following questions for employer information
will be required when you visit HealthCare.gov to determine if you are eligible for a tax
credit to lower your monthly premiums. The Human Resources Director can provide
specific answers to these questions for you upon request.
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Workers Compensation Insurance
Laurens County shall maintain Workers’ Compensation Coverage on all
employees as prescribed by the SC Workers’ Compensation Law. The County will
investigate all claims of workers’ compensation and will not support any claims
occurring from non-job related injuries or activities.
Procedures for filing a workers’ compensation claim
1. All on-the-job injuries must be reported to the Risk Department of
Human Resources immediately, usually within 24 hours. If an employee fails to report
an injury in a timely manner, his benefits under workers’ compensation may be denied.
2. The County has a designated workers’ compensation doctor. If an
employee elects to use a different physician without authorization by the Risk
Department, the employee is responsible for all charges and the findings of the doctor
may be disregarded. If the designated physician is not available, (i.e. after hours) the
employee may visit the emergency room.
3. As soon as the employee is able, but no later than one day
following the incident being reported, the following forms must be submitted to their
Supervisor and the Risk/Human Resources Office:
a. Workers’ Compensation First Injury Report Form
This must be completed by the injured employee or their supervisor and turned in
within 24 hours of the accident.
b. Workers’ Compensation Injury Statement Form
This form must be completed by the injured employee detailing the accident and must
be turned in by the second day of injury. The employee is required to describe with as
much detail as possible all events relevant to the accident.
c. Laurens County Injury Report Form
This form must be completed by injured employees’ supervisor and turned in the
second day.
d. Laurens County Injury Report Cause
This form should be completed by the injured employee’s supervisor and turned in the
second day.
It is the employee’s responsibility to submit return-to-work status information to
their Supervisor and to the Risk Manager.
Laurens County does not retaliate against any employee claiming to be injured
on the job. The county is committed to investigating each claim independently and to
treating each employee without bias. However, employees who continually violate safe
working practices may be subject to disciplinary actions up to and including termination.
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Section 42-9-200 of the SC Code of Laws 1976 provides no compensation will be
allowed for the first seven (7) calendar days of disability resulting from injury, except
medical treatment and supplies. If the injury results in disability of more than 14 days,
compensation is allowed from the first date of disability. During the first seven (7) days,
the employee will be allowed to use sick leave. If the disability is more than fourteen
(14) days, the sick leave charged to the employee during the first seven (7) calendar
days of disability will be restored to the employee’s time; this will be restored upon
payment to the county the amount of compensation paid under Workers’
Compensation Law for each day of sick leave taken by the employee.
In no event will employees be allowed to use workers’ compensation pay and
sick leave at the same time. The rate of tax-free employee compensation through
workers’ compensation is .6667% of the gross salary from four quarters preceding the
injury. Checks will be administered through the workers’ compensation carrier.
Disabled employees will be kept on the County’s benefits program until declared
fit to return to work, become permanently disabled, or fail to pay their share of the
premium. After the initial fourteen (14) days, (when the employee is no longer receiving
a paycheck), the employee must submit payment for their portion of health insurance
and desired dependent coverage within 10 days of the missed payroll date.
Return to Work/ Temporary Light Duty
1. Purpose
The County guarantees “light duty” to no one. As a general rule, an employee
who is unable to perform all of the essential functions of his job will not be permitted to
work. However, in limited circumstances and on a case by case basis, the County may
choose to permit an employee who has been injured on the job to perform temporary
light duty functions, provided the County determines that there is a legitimate need and
to do so would be in the best interests of the County. The County shall determine
compensation, duties, and hours as approved by the treating physician.
The purpose of the Return to Work/Temporary Light Duty Program is to
temporarily place employees who have sustained work-related injuries in positions
consistent with the medical restrictions prescribed by an authorized treating physician.
Ideally, the employee will work within his or her own department. However, it may
become necessary to place the employee in another department and/or adjust work
hours to accommodate their medical restrictions. Employee training that has been
scheduled prior to any sustained on-the-job injury may also qualify as a Temporary Light
Duty assignment if the training does not exceed five (5) days.
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The goal of the program is to promote psychological recovery and to minimize
lost time by encouraging appropriate levels of activity for injured employees.
Laurens County Human Resource staff will be responsible for managing the
Return to Work/Temporary Light Duty Program. The employee’s Department
Head/Supervisor and Human Resources will make decisions concerning placement of
injured and recovering employees jointly.
2. Scope
The Return to Work/Temporary Light Duty Program is designed to help regular
employees of Laurens County who have received on-the-job injuries.
3. General Guidelines
Temporary Light Duty is an alternate assignment for an employee recovering
from an on the job injury. Work assignments are subject to the work restrictions
determined by the authorized treating physician. The duration of a temporary light duty
assignment may range from one day to a maximum of twelve weeks. If necessary for
the employee to remain in the temporary assignment for twelve weeks, the Risk Office
will consult with the authorized treating physician as to the necessity of continuing a
light duty assignment beyond twelve weeks. However, a temporary light duty
assignment cannot be extended beyond six months.
A Return to Work Authorization stating any physical activity/limitations, signed
by the authorized treating physician, must be submitted to Human Resources before an
employee may return to work after an illness or injury (work related or otherwise). The
County reserves the right to require a second medical opinion before an employee
returns to work after an extended period of time.
Departments may request temporary light duty assistance by submitting the
Request for Temporary Light Duty Assistance to the Risk Technician. Departments
should be innovative in developing and assigning meaningful tasks that will allow the
employee to utilize their experience, education, and physical capability.
Work schedules will be arranged to permit injured employees to keep physician
appointments and any prescribed physical therapy sessions.
The temporary light duty employee’s home department (the department in
which the employee worked at the time of the injury) is responsible for all salary
expenses associated with the employee for the duration of their temporary duty status.
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If an employee chooses not to work in an assigned temporary duty position
within the medical restrictions prescribed, then workers’ compensation indemnity
benefits will not be paid.
4. Responsibilities
Risk Manager/Human Resources
Maintain a list of available temporary duty positions requested by departments.
Assign the employee, under the advisement of the health care provider, to a
temporary position that meets the employee’s medical restrictions. Consideration will
be given to the employee’s home department, assignment, shift, etc. However, if
temporary duty cannot be arranged within the employee’s home department, the
employee will be assigned to a different department, if available. The employee’s
Department Head/Supervisor and Human Resources staff will make placement decisions
jointly.
Obtain status reports from the authorized treating physician concerning
employee’s health status/restrictions.
Notify employee’s home department of the employee’s temporary placement
and provide updates regarding changes in the employee’s medical restrictions.
Maintain contact with supervisor of assigned departments regarding employee’s
performance.
Maintain contact with employee regarding temporary assignment and overall
health condition.
Employee
Adhere to the temporary limitations identified by his/her authorized treating
physician.
Follow the policies of the assigned department. If the employee’s work habits
are not conducive to the overall effectiveness of the assigned department, then the
assigned supervisor may request that the temporary employee be placed elsewhere.
This request must be submitted in writing to the Risk Technician.
Inform assigned Supervisor and Risk Technician if assigned responsibilities fall
outside of medical restrictions.
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Return to full duty in home department upon receipt of Return to Work
authorizing full duty from authorized physician.
Provide copies of all doctor’s notes to supervisor after each medical
appointment.
Communicate any change in doctor’s orders with the county Risk Technician as
soon as changes are received.
Report to work at designated time unless there is a physician’s written document
stating not to return.
In such situations, the County will require clearance from the treating physician
that the employee is able to perform the proposed temporary light duty functions. The
County, in its discretion, shall determine the duration of the temporary light duty
period. If, at the conclusion of the period of temporary light duty, the employee is
unable to perform the essential functions of his regular job, then he will be returned to
leave of absence in accordance with the County policy.
Assigned Supervisor
Ensure that employees in temporary duty assignments work within the identified
medical restrictions.
Coordinate employee’s work schedule and leave, making provisions for medical
appointments.
Submit employee’s time sheets to the Risk Technician no later than 10:00 AM on
Monday of payroll week.
Inform the Risk Technician of changes in the status of the temporary assignment.
Complete and submit weekly to the Risk Technician the Time Lost Due to On-The-Job
Injury Form. Submit immediately when status of employee changes.
1. Returning to Full Duty
a. Once the authorized treating physician notifies the employee and the
Human Resource staff in writing that the employee is released to return to full duty, the
employee must return to their home department on the release day, unless changed by
the supervisor.
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2. Definitions
a. Assigned Department - department where injured employee is placed
pending full medical release to job where injury occurred.
b. Authorized Treating Physician - physician who is authorized by the Risk
Technician and the insurance to provide treatment to injured employees.
c. Home Department department in which employee worked at time of
injury
d. Indemnity Benefits benefits paid to an injured worker to replace part of
wages lost as a result of a work injury. Indemnity benefits could also be paid to Laurens
County for reimbursement of sick/annual leave if employees choose to continue
receiving regular wages, using sick and/or annual leave for lost time in lieu of temporary
total compensation.
e. Return to Work Authorization written authorization, from the authorized
treating physician, allowing the injured employee’s return to duty.
f. Temporary Light Duty Assignment temporary job assignment that meets
the medical restrictions as prescribed by an authorized medical physician. Assignment is
not to exceed six months.
Employee Alcohol Use and Alcohol Testing
The abuse and misuse of alcohol is a very serious problem, and is especially
dangerous in the workplace. The County is committed to maintaining a safe and
productive work environment. It is the policy of the County to establish and maintain
alcohol free workplaces, to comply with applicable government regulations, and to
prohibit the unauthorized, improper, or unlawful use of alcohol on County premises or
time.
Any employee reporting to work under the influence of either alcohol or drugs
may be terminated immediately.
General Rule
Effective immediately, all employees of Laurens County are prohibited from
using or possessing alcoholic beverages on County premises or time. (The term "County
premises or time" includes: County vehicles and private vehicles on County premises;
parking lots and recreation areas.
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Furthermore, all employees of the County are prohibited from reporting to or
being at work while under the influence of alcohol. (An employee shall be considered
to be "under the influence of alcohol" if he has any detectable amount of alcohol in
his system as determined by the published Federal Guidelines.)
Current Employees
Effective immediately, all employees will be subject to alcohol testing where
"reasonable suspicion" of alcohol use in violation of this policy exists.
1. Reasonable suspicion is deemed to exist when:
a. Information that an employee has used or possessed alcohol in violation
of this policy is provided by a reliable informant.
b. A serious accident occurs due to the apparent fault of an employee.
"Serious accident" is defined as: 1) an accident involving a fatality; 2) an accident
causing bodily injury which requires medical care away from the scene of the accident;
3) an accident causing total aggregate property damage of $1,000 or more based on
reliable estimates; or 4) an accident involving one or more Commercial Motor Vehicles
which results in one of the vehicles having to be towed from the scene by a tow truck or
other vehicle.
c. An employee exhibits behavior consistent with alcohol use such as but
not limited to:
(1) Erratic behavior (mood swings, slurred speech, staggering,
bloodshot eyes, sleeping on the job or lethargy, excessive unexplained sweating, etc.).
(2) The apparent odor of an alcoholic beverage on an employee's breath.
(3) Other aberrational behavior such as but not limited to excessive
absenteeism or tardiness, significant deterioration in job performance, repeated errors
or rules violations, etc.
d. An employee has admitted violating the County’s alcohol policy.
e. An employee is arrested for or convicted of an alcohol related offense.
f. An employee has tested positive for alcohol in violation of this policy
within the past five (5) years.
2. Reasonable suspicion testing shall not be conducted without the approval of
the County Administrator or the County Attorney.
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If an employee refuses to submit to an alcohol test when directed to do so, the
employee shall be terminated.
Testing Procedure
1. Employees will have an opportunity to provide any information which they
consider to be relevant to the test.
2. Alcohol tests will be conducted to determine if an employee has violated this
policy.
3. The County shall use only approved non-evidential screening devices or blood
alcohol testing pursuant to this policy.
4. A non-evidential screening device will normally be utilized to initially
determine compliance with this policy. If the screening device indicates the presence of
alcohol, or if the results of the screening device are deemed questionable by the
County, then a confirmatory test will be conducted utilizing an EBT device, if available,
or through blood alcohol level testing.
5. The EBT confirmatory test will be conducted by an individual properly certified
to use the equipment.
6. A confirmatory test result generated through the use of an EBT which
indicates a presence of alcohol in violation of this policy will be conclusive for purposes
of this policy.
Notice to Employees
The County shall attempt to distribute to all present employees a copy of this
policy. Additional copies of this policy are available upon request. By continuing to
work, the employee agrees that he will abide by the policy as a condition of
employment.
Consequences of Violating This Policy
Violations of this policy will result in discipline up to and including discharge.
A. The County may terminate an introductory employee who violates this policy.
B. The County shall impose discipline up to and including discharge for a non-
introductory employee who violates this policy.
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C. The County, in lieu of terminating an employee who has violated this policy,
may suspend the employee and condition his continued or future employment upon the
successful completion of an alcohol counseling/rehabilitation program.
D. If the County, after considering all of the relevant circumstances, allows an
employee who has violated this policy to continue as a County employee, the County
will do the following:
a. Refer the employee to a Substance Abuse Professional (SAP) for
assessment and require the employee to follow the SAP's prescribed program of
counseling/treatment;
b. Require the employee to execute a Second Chance Agreement.
c. Require the employee to authorize the Employee Assistance Program or
other facility to report periodically to the County during the course of
counseling/treatment;
d. Conduct a Return to Work conference following the prescribed course
of counseling/treatment;
e. Retest the employee for alcohol use in violation of this policy before
allowing the employee to return to duty;
f. Require the employee to submit to unannounced follow-up alcohol
testing for a period not to exceed five years. (The employee will be solely responsible
for the total cost of all follow-up alcohol tests conducted pursuant to this policy.); and
g. Employees who are offered participation in this program will be
required to provide an authorization for the Privacy Officer in Human Resources and the
County Medical Director under HIPAA. Without this authorization, employees will not
be considered for the program.
Should an employee whose continued or future employment is conditioned
upon the successful completion of a counseling or rehabilitation program refuse or fail
to participate in a single counseling or treatment session, the employee will be
terminated.
An employee whose return-to-duty alcohol test indicates that the employee is in
violation of this policy will be terminated.
Coming Forward with Alcohol Abuse Problems
Employees who have alcohol abuse problems and report them to the County
before being selected for testing, and before the occurrence of an event which normally
would result in testing, normally will not be disciplined but will be subject to this policy.
If an employee admits to a violation of this policy or tests positive for use of
alcohol in violation of this policy, but seeks counseling and remains an employee of the
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County, the employee will be discharged if he again either admits to a violation of this
policy or tests positive for alcohol in violation of this policy.
Confidentiality
Any alcohol test results or information supplied by employees as part of the
County’s alcohol testing program will be kept as confidential as possible, consistent with
the purposes of this policy.
Testing Costs
Laurens County will pay the costs of all alcohol tests to which the County requires an
employee to submit. However, the employee will be solely responsible for the total cost
of all follow-up alcohol tests conducted pursuant to this policy.
NOT A CONTRACT
Nothing contained in this policy or in any other policy creates a contract right.
Consistent with South Carolina law, all employees are employed "at will," which
means that the employee has the right to terminate his or her employment at any
time, with or without notice or cause, and that the County retains the same right.
Exceptions to the policy that all employees are employed "at will" may be made only
by written agreement signed by the County Administrator following a proper vote by
the County Council.
Employee Assistance Program
In order to prevent the negative effects of alcohol abuse, Laurens County has
implemented the above policy and made available to its employees an Employee
Assistance Program. The program provides employees with professional help for
problems such as alcohol and drug abuse, emotional stress, money management
difficulties and unpleasant family situations.
Periodically, the County will make available to employees information regarding
alcohol abuse. All employees are encouraged to attend such programs and to review
any material supplied. Some employees may be required to attend such programs or to
review such material. Information about the Employee Assistance Program is available
through the County Human Resources Department or the EAP
The use of illegal drugs and the abuse of alcohol are a serious threat to our
nation's collective health, safety, and welfare. Alcohol use in the workplace is
dangerous because it leads to physical impairment, loss of judgment, safety violations,
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and the risk of injury and death. In order to prevent these consequences of alcohol use
and abuse, the County has implemented this policy. If you feel that you have a
substance abuse problem, you need to get help.
For additional information on where to obtain treatment or assistance for drug
or alcohol problems, one of the best places to look is in your phone book's Yellow Pages
under "Drug Abuse & Addiction Information & Treatment" or "Alcoholism Information &
Treatment Centers." Under these headings, there is often a listing for a local "Council
on Alcohol and Drug Abuse." These organizations are most helpful, as are Alcoholics
Anonymous (AA) and Narcotics Anonymous (NA) in identifying sources for treatment
and assistance. Set forth below is a list of organizations that may provide information or
referrals.
1. National Clearinghouse on Alcohol and Drug Information: 1-800-729-6686.
3. National Council on Alcoholism: 1-800-622-2255.
Employee Drug Use and Drug Testing Policy
It is well recognized that drug abuse has a harmful effect on public health and
safety, on the welfare of employees, on morale, and on productivity. Furthermore, it is
the policy of Laurens County to comply with the Drug Free Workplace Act, to comply
with applicable government regulations, to establish and maintain drug-free
workplaces, and to prohibit the unauthorized or unlawful manufacture, distribution,
dispensation, possession, and use of controlled substances on or off the job.
For these reasons, the County adopts the following policy:
General Rule
Effective immediately, all employees of Laurens County are prohibited from
swallowing, inhaling, injecting, dealing in, or otherwise using illegal or synthetic drugs
and substances (such as marijuana, cocaine, LSD, heroin, etc.) and prescription drugs
which are not prescribed for the employee’s use. This prohibition applies to use at any
time, both on-the-job and off-the-job. County law enforcement employees are, of
course, permitted to possess any substance when required by their jobs or for the
purpose of lawful delivery to another person.
Applicants for Employment
Effective immediately, the County will conduct pre-employment drug tests for all
applicants tentatively selected for employment. The County shall not hire any applicant
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tentatively selected for employment who refuses to submit to a drug test or who tests
positive for use of illegal or unauthorized substances. Any applicant who is rejected
under this policy may be considered for future vacancies if he can demonstrate he is no
longer a user of any unlawful substances. (This may include participation in and
successful completion of a rehabilitation program as well as a negative drug test result.
Applicants will be required to provide an authorization under HIPAA. Applicants who
fail to provide this authorization will not be considered for employment.
Current Employees
Effectively immediately, all County employees will be subject to drug testing by
urinalysis where “reasonable suspicion” of drug use in violation of this policy exists or
under other lawful conditions.
Reasonable suspicion is deemed to exist when:
Information that an employee has used illegal drugs or substances is provided by
a reliable informant.
A serious accident occurs due to the apparent fault of the employee as
determined by the County.
“Serious Accident” is defined as:
An accident involving a fatality.
An accident causing bodily injury which requires medical care away from the
scene of the accident.
An accident resulting in aggregate property damage of $1,000 or more based on
reliable estimates.
An accident in which one or more motor vehicles incurs disabling damages as a r
result of the accident, requiring the towing of one or more of the vehicles from the
scene by a tow truck or other vehicle.
An employee exhibits mental or physical symptoms including but not limited to:
Extreme mood swings
Slurred speech
Unusual clumsiness
Staggering
Dilation of pupils
Sleeping on the job, giving the appearance of sleeping on the job or lethargy
Excessive unexplained sweating
Other aberrational behavior
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An employee has been arrested for violation of drug laws.
An employee has admitted violating the County’s drug policy.
An employee has tested positive previously for illegal drugs within the past five (5)
years.
Reasonable suspicion testing shall not be conducted without the approval of the
County Administrator or the County Attorney.
If an employee refuses to submit to a drug test when ordered to do so, the
County shall terminate the employee.
Testing Procedure
1. Drug testing will be by urinalysis or other approved methods.
3. The collection of samples will be performed under reasonable and sanitary
conditions.
4. Urine normally will be collected under conditions of semi-privacy that is, a
person of the same gender will be in a position to observe obvious attempts to
substitute or adulterate a urine sample. Collection of the urine sample may be directly
observed by a person of the same gender, however, where the person supervising the
collection believes an employee has tampered with an earlier urine sample or the
employee has previously admitted or been proved to have used drugs in violation of this
rule.
5. Urine samples will be sealed, labeled, and documented in accordance with the
procedure of the drug testing company. Labeling, storage, and transportation of
samples shall be performed so as to reasonably preclude the probability of erroneous
identification, sample contamination, or sample adulteration.
6. Specimens will be checked using a minimum five (5) panel drug screen.
Applicants and employees will have an opportunity to provide any information which
they consider relevant to the test, including identification of currently used prescription
or nonprescription drugs, or other relevant information.
7. Samples which initially result in a positive finding for drug use will be re-tested
by the gas chromatography/mass spectrometry (GCMS) method. If the GCMS test
results in a positive finding of drug use, and is verified by the Medical Review Officer,
the written report of the Medical Review Officer shall be conclusive for all employment-
related purposes.
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8. The County’s Medical Review Officer will normally allow an employee whose
drug test results have been confirmed as positive the opportunity to justify the result
before the Medical Review Officer notifies the County.
Notice to Employees
The County shall attempt to distribute to all employees a copy of this policy.
Additional copies of this policy are available upon request. By continuing to work,
the employee agrees that he will abide by the policy as a condition of
employment.
Notice to Employer, State and Federal Grantor/Contracting Agencies, and Law
Enforcement Authorities
As a condition of employment, employees agree to notify the County within five
(5) calendar days after any criminal conviction for the workplace manufacture,
distribution, dispensation, possession, or use of illegal drugs and prescription drugs not
prescribed for the individual employee's use. The County shall notify all state and
federal grantors/contracting agencies of such employee convictions as required by the
state and federal Drug Free Workplace Acts. "Conviction" means a finding of guilt,
imposition of a sentence, a plea of no contest, or a plea of guilty.
The County shall notify law enforcement authorities whenever illegal drugs are
found in the workplace.
Consequences of Violating This Policy
Violations of this policy will result in discipline up to and including discharge.
A. For introductory employees, the County shall terminate the employee if he is
found to be in violation of this policy.
B. For all other employees, the County shall impose discipline up to and including
discharge for an employee who is found to be in violation of this policy.
C. The County, in lieu of terminating an employee, may condition the continued
or future employment of an employee who tests positive for or admits to the
use of illegal drugs, upon the successful completion of a drug
counseling/rehabilitation program.
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D. If the County, after considering all of the relevant circumstances, agrees to
allow an employee who is found to be in violation of this policy to continue as
a County employee, the County will do the following:
(a) Refer the employee to a Substance Abuse Professional for assessment
and require the employee to follow the SAP’s prescribed program of
counseling/treatment;
(b) Require the employee to execute a Second Chance Agreement;
(c) Require the employee to authorize the Employee Assistance Program
(EAP) or other facility to report periodically to the County during the course of
counseling/treatment;
(d) Conduct a Return to Work conference following the prescribed course
of counseling/treatment;
(e) Retest the employee for controlled substances in violation of this
policy before allowing the employee to return to duty.
(f) Require the employee to submit to unannounced follow-up drug testing
for a period not to exceed five (5) years (the employee will be solely responsible for the
total cost of all follow-up drug tests conducted pursuant to this policy.); and
(g) Employees who are offered participation in this program will be
requiredto provide an authorization for the Privacy Officer in Human Resources
and the County Medical Director under HIPAA. Without this authorization,
employees will not be considered for the program.
(h) All employees who are classified as ‘safety sensitive’, including without
limitation, Sheriff’s Office, Detention Center, EMS, E-911, Fire, and certain Public Works
employees, and any others in this classification are not eligible for the Second Chance
agreement.
Should an employee whose continued or future employment is conditioned
upon the successful completion of a counseling or rehabilitation program refuse or fail
to participate in a single counseling or treatment session, the employee will be
terminated.
An employee whose return-to-duty test sample does not indicate that the
employee has discontinued use of illegal drugs or the illegal use of prescription drugs
will be terminated.
Coming Forward with Substance Abuse Problems
All employees who have substance abuse problems and report them to the
County before being selected for testing, and before the occurrence of an event which
normally would result in testing, normally will not be disciplined upon the first violation
but will be subject to this policy.
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If an employee admits to a violation of this policy or tests positive for drugs in
violation of this policy, but seeks counseling and remains an employee of the County,
the employee will be discharged if he again either admits to a violation of this policy or
tests positive for drugs in violation of this policy.
Confidentiality
Any drug test results or information supplied by employees and applicants as
part of the County's drug testing program will be kept as confidential as possible,
consistent with the purposes of this policy.
Testing Costs
The County will pay the costs of all drug tests to which the County requires an
employee to submit. However, an employee subject to unannounced follow-up testing
pursuant to this policy will be solely responsible for the cost of all follow-up tests.
Notification of Results
Applicants will be notified of the results of a pre-employment drug test, provided
the applicant requests the results within 60 days of being notified of the disposition of
the employment application.
Employees will be notified of the results [including the drug(s) discovered] of all
drug tests, provided the results are positive.
Employee Assistance Program
The use of illegal drugs and similar substances is a serious threat to our nation's
collective health, safety, and welfare. Drug abuse in the workplace is dangerous
because it leads to physical impairment, loss of judgment, safety violations, and the risk
of injury and death. In order to prevent these consequences of drug abuse, the County
has implemented the above policy and made available to its employees an Employee
Assistance Program. The program provides employees with professional help for
problems such as alcohol and drug abuse, emotional stress, money management
difficulties and unpleasant family situations.
Periodically, the County will make available to employees information regarding
alcohol abuse. All employees are encouraged to attend such programs and to review
any material supplied. Some employees may be required to attend such programs or to
review such material. Information about the Employee Assistance Program is available
through the County Human Resources Department or the EAP.
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1. For additional information on where to obtain treatment or assistance for drug
or alcohol problems, one of the best places to look is in your phone book's Yellow Pages
under "Drug Abuse & Addiction Information & Treatment" or "Alcoholism Information &
Treatment Centers." Under these headings, there is often a listing for a local "Council
on Alcohol and Drug Abuse." These organizations are most helpful, as are Alcoholics
Anonymous (AA) and Narcotics Anonymous (NA) in identifying sources for treatment
and assistance. Set forth below is a list of organizations that may provide information or
referrals.
A. National Clearinghouse on Alcohol and Drug Information: 1-800-729-6686.
B. National Council on Alcoholism: 1-800-622-2255.
2. Periodically, the County will make available to employees information
regarding substance abuse. All employees are encouraged to attend such programs and
to review any material supplied. Some employees may be required to attend such
programs or to review such material.
Employee Conduct and Discipline
As is the case with all organizations, instances arise when an employee must be
reprimanded, suspended or discharged. When this happens a supervisor should fill out
a Personnel Action Form in which he outlines the circumstances involved and the action
being taken: oral warnings should also be in written form for the personnel file. The
supervisor is to show the report to the employee for his signature with the
understanding that his signature only acknowledges that the employee has seen the
report. The employee’s signature does not necessarily indicate agreement with the
contents of the report or the action taken, nor does it prevent appealing the action.
If the employee refuses to sign the report he is suspended from work without
pay and, if he does not sign the report by 5:00 p.m. or at the end of his second full
scheduled work day, the County may presume that the employee has quit his job.
Types of Disciplinary Action
Types of Disciplinary action taken will be determined on a case by case and
may include but not be limited to:
a. Informal counseling
b. Oral reprimand
c. Written reprimand
d. Suspension without pay
e. Probation
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f. Demotion
g. Dismissal
Examples of Conduct Warranting Disciplinary Action
It is not possible to list all acts and omissions that may result in disciplinary
action. The disciplinary action that is administered for any particular act or acts of
misconduct rests in the sole discretion of the County Administrator. The following list is
merely a guideline of some of the more obvious types of misconduct that may result in
disciplinary action.
THE DISCIPLINARY ACTION THAT IS ADMINISTERED FOR ANY PARTICULAR ACT OR
ACTS OF MISCONDUCT RESTS IN THE SOLE DISCRETION OF THE COUNTY WITHOUT
REGARD FOR THE WAY IT HAS TREATED OTHER EMPLOYEES AND WITHOUT
REGARD TO THE WAY IT HAS HANDLED SIMILAR SITUATIONS. ALL DISCIPLINARY
DOCUMENTATION WILL BE INCLUDED IN THE EMPLOYEES PERSONNEL FILE.
a. Conviction or a plea of guilty or no contest to a charge of theft, violation of
drug laws, sexual misconduct, offense involving moral turpitude, or offense
which affects the County’s reputation or which could create concern on the
part of fellow employees or the citizens.
b. Incompetence
c. Unauthorized absence; tardiness.
d. Insubordination, including disrespect for authority, or other conduct that
tends to undermine authority.
e. Failure or refusal to carry out instructions.
f. Unauthorized possession or removal, misappropriation, destruction, theft
or conversion of County property or the property of others.
g. Violation of safety rules, neglect, or engaging in unsafe practices.
h. Interference with the work of others.
i. Threatening, coercing, or intimidation fellow employees, including “joking”
threats.
j. Dishonesty.
k. Tardiness or absenteeism.
l. Failure to provide information; misrepresentation or falsification of
information for County records.
m. Failure to report personal injury or property damage.
n. Neglect or carelessness.
o. Introduction, possession, or use of illegal or unauthorized prescription
drugs or intoxicating beverages on County property or while on duty
anywhere; working while under the influence of illegal drugs or intoxicating
beverages; or the off-the-job illegal use or possession of drugs. For
purposes of this policy, an employee is presumed to be “under the
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influence” if he has any detectable amount of any such substance in his
system.
p. Unsatisfactory performance.
q. Violation of policies and procedures.
r. Any other reason that, in the County’s sole discretion, warrants disciplinary
action.
s. Give the impression of sleeping while on duty.
Termination of Employment
Ordinarily, termination of employment with the County may occur under the
following five general conditions:
1. Voluntary Termination. All employees of the County are at-will and
employees may terminate their employment with or without reason, and with or
without notice. Employees giving and working a two-week notification of their
resignation will be eligible to receive their accumulated but unused vacation pay.
Whether the employee will be required to work that notice is at the discretion of the
County. Employees who do not give and work the proper notice or who are terminated
for disciplinary reasons will not be paid for accumulated but unused vacation.
2. Involuntary Termination. All employees of the County are at-will and
employees may be terminated involuntarily by the County. The value of an employee’s
accumulated but unused leave will be paid to the employee at termination only if: (1)
the employee gives and satisfactorily completes a two week notice of resignation; or (2)
in the case of the employee’s discharge by the County, the employee is not discharged
for disciplinary reasons as determined by the County.
3. Financial Exigency Termination. The County may terminate the employment
of any individual whose position is dependent upon funding by an agency other than the
County wherein such funding is declined, withheld, or withdrawn. The County may also
terminate the employment of any individual whose position is funded by the County’s
annual operating budget, but where funding for the position is eliminated, redesigned,
withheld, or withdrawn by action of the Laurens County Council because of financial
exigency.
4. Layoff or Reduction in Work Force Termination. The County may terminate
the employment of an individual when financial exigency, reallocation of resources, job
obsolescence, or other conditions necessitate or warrant a layoff or reduction in the
County work force.
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Grievance Policy and Procedures
1. GENERAL
This procedure is adopted in accordance with the “County and Municipal
Employees Grievance Procedure Act,” Section 8-17-110, et seq., Code of Laws of South
Carolina, 1976, as amended.
2. DEFINITION
A grievance is defined as any complaint by an employee that he has been treated
unlawfully or in violation of county policies, with regard to any matter pertaining to his
employment by the county. This definition includes, but is not limited to, discharge,
suspension, involuntary transfer, promotion, and demotion. If an employee believes
that he has not received or been credited with or has otherwise lost wages or benefits
for which he is eligible, he must present his grievance in accordance with this procedure
or such wages or benefits may be forfeited.
3. PROCEDURE
Step 1. The employee must present the written grievance to his
immediate supervisor within five (5) days of the grievable action. If his supervisor is
unable or unwilling to adjust the grievance to the satisfaction of the employee, the
employee must take Step 2.
Step 2. The employee must follow the chain of command in his
department, appealing to each successive level of supervision. Step 1 and Step 2
appeals must be presented in written form. At each level each supervisor shall have
four (4) calendar days to render a written decision. If no decision is made within this
time, the grievance shall be considered denied. If a supervisor at a particular level is
unavailable to consider the grievance, it shall be considered denied and the employee
shall appeal to the next level of supervision.
4. GRIEVANCE COMMITTEE
Other employees may appeal to the Employee Grievance Committee the denial
of their grievances by Department Heads by filing a written request for appeal in the
Human Resource Department. This must be done within 14 calendar days of the time at
which the facts on which the grievance is based became available to the employee. The
written request for appeal must include the following information:
a. The purpose of the appeal and what recommendation is requested of the
Grievance Committee; and
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b. Statement that the chain-of-command has been followed in the appeal as
is required by the grievance procedure.
Within ten (10) days of receipt of the employee’s request, the chairperson of the
Grievance Committee shall schedule the requested hearing and notify the Grievance
Committee, the employee requesting the hearing, the affected department, and the
Human Resources department.
5. PROCEDURES FOR APPOINTING A GRIEVANCE COMMITTEE
The County Administrator shall appoint a Committee composed of seven (7)
employees (must have 3 exempt and 3 non-exempt) and two (2) alternates to serve for
terms of three years, except that the members appointed initially shall be appointed so
that their terms will be staggered, and approximately one-third (1/3) of the terms shall
expire each year. A member shall continue to serve after the expiration of his term until
a successor is appointed. Any interim appointment to fill a vacancy for any cause prior
to the completion of a member’s term shall be for the unexpired term. Any member
may be reappointed for succeeding terms at the discretion of the County Administrator.
All members shall be selected on a broadly representative basis from among County
employees. Members employed in the same department as the grieving employee and
members having formed an opinion on the issues prior to the hearing, shall not
participate in the employee’s hearing.
The Committee annually shall select its own chairman from among its members.
The chairman shall serve as the presiding officer at all hearings which he attends but
may designate some other member to serve as presiding officer in his absence. The
chairman shall have authority to schedule and to re-schedule all hearings.
A quorum shall consist of at least 4 members, and no hearings may be held
without a quorum.
The presiding officer will have control of the proceedings. He shall take
whatever action is necessary to ensure an orderly and expeditious hearing. Parties shall
abide by his decisions, except when a Committee member objects to a decision to
accept or reject evidence, in which case the majority vote of the Committee will govern.
The Committee shall have the authority to call for files, records, and papers
which are pertinent to any investigation and which are subject to the control of the
County Administrator; to call for or consider affidavits of witnesses; to request and hear
the testimony of witnesses; to consider the results of polygraph examinations; and to
secure the services of a recording secretary in its discretion. The Committee shall have
no authority to subpoena witnesses, documents or other evidence, nor shall any county
employee be compelled to attend any hearing. Witnesses, other than the grieving
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employee and the department representative, shall be sequestered when not testifying.
All witnesses shall testify under oath.
All hearings shall be held in closed session unless the grieving employee requests
at the beginning of the hearing that it is held in open session. The official minutes of all
hearings shall be subject to control and disposition of the County Administrator. Where
the grievance involves the County Administrator, the minutes shall be subject to control
and disposition of the County Attorney.
Neither the grieving employee nor the department may be assisted by advisers
or by attorneys during the hearing itself. However, the Committee shall have the
County Attorney available to it at any and all times it considers necessary.
In disciplinary actions by Department Heads and their subordinate supervisors,
the employee must receive in reasonable detail written notice of the nature of the acts
or omissions that are the basis for the disciplinary action. This notice may be amended
at any time 24 hours or more before the commencement of the hearing. The
department must demonstrate that the disciplinary action is for the good of the county.
The department shall make the first presentation. The employee will then be given the
opportunity to present their response.
In all grievances, the grieving employee and the department shall each be
limited to one (1) hour of initial presentation. The party required to make the first
presentation may give a ten (10) minute rebuttal of the other party’s presentation. The
chairman shall appoint himself or another member of the Committee as timekeeper.
In all grievances, presentations may be oral or in writing or both and may be
supported by affidavits or un-sworn signed statements from witnesses, by records,
other documentary evidence, photographs, and other physical evidence. Presentations
shall be made by the grieving employee (with reading assistance from Human Resources
if requested) and by a managerial employee of the affected department. Only
committee members may call witnesses or question the other party.
Except as provided below, the Committee shall, within 10 days after hearing an
appeal, make its findings and recommendation and report such findings and
recommendation to the County Administrator. If the County Administrator approves,
the recommendation of the Committee shall be his decision and copies of the decision
shall be transmitted by the Committee to the employee and to the head of the
particular department involved. If, however, the County Administrator rejects the
decision of the Committee, the County Administrator may make his own decision
without further hearing, and that decision shall be final. Copies of the decision shall be
transmitted by the Committee to the employee and to the head of the particular
department involved.
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In grievances involving the failure to promote or transfer, or the discipline or
discharge of personnel employed in or seeking assignment to departments under the
direction of an elected official or an official appointed by an authority outside county
government, the Committee shall, within 10 days after hearing an appeal, make its
findings and a recommendation and report such findings and recommendation to such
official. If the official approves, the recommendation of the Committee shall be his
decision and the Committee to the employee shall transmit a copy of the decision. If,
however, the official rejects the decision of the Committee, the official shall make his
own decision without further hearing, and that decision shall be final. A copy of the
decision shall be transmitted to the employee.
In grievances involving the County Administrator, the County Attorney shall
assist the Committee with conducting their hearing. The recommendation of the
Committee shall be submitted to the County Attorney for review with County Council. If
County Council adopts the recommendation of the Committee, the decision shall be
final. County Council may reject this recommendation of the Committee and shall then
make its own decision without further hearing, and that decision shall be final. A copy
of the decision shall be transmitted to the County Administrator.
Nothing in this grievance procedure creates a property interest in employment
or a contract of employment, nor does this procedure limit the authority of the county
or an elected or appointed official to terminate any employee when the county or
respective elected or appointed official considers such action necessary for the good of
the county.
The County Administrator will prepare a written report of all investigations and
present to Laurens County Council.
This policy does not apply to employees working under the direction of an
Elected or Appointed Official unless that Elected or Appointed Official expressly adopts
this policy.
Special Note: Nothing in this policy shall be construed to prohibit an
employee from bringing a problem or concern to the attention of a superior
outside the normal chain of command. However, all employees should
understand that the superior may direct the complaining employee to
attempt to first solve the situation through his immediate supervisor or to
follow the established grievance procedure framework.
Neutral Reference
No one other than the County Administrator of Laurens County or his designee is
authorized to provide job references or employment-related information regarding
current or former employees. Such inquiries must immediately be directed to one of
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these individuals. Violation of this policy may result in disciplinary action up to and
including termination.
The County’s general policy is to provide only neutral references in response to
inquiries by prospective employers seeking information about current or former
employees. This means that the County normally will provide to prospective employers
only the following information: the beginning and ending dates of employment,
position(s) held, and confirmation of a former employee’s compensation rate or range
at termination.
Special Note: This policy is not intended to prohibit County employees who are
listed as personal references on an application form from responding to inquiries from
prospective employers, provided the County employee who is asked to provide the
reference did not/does not supervise, directly or indirectly, the current or former
County employee who is the subject of the reference.
Not A Contract
Nothing contained in this policy or in any other policy creates a contract right or
property interest in employment. Consistent with South Carolina law, all
employees are employed "at will," which means that the employee has the right
to terminate his or her employment at any time, with or without notice or cause,
and that the County retains the same right. Exceptions to the policy that all
employees are employed "at will" may be made only by written agreement signed
by the County Administrator following a proper vote by the County Council.