Beruflich Dokumente
Kultur Dokumente
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
PURPOSE:
Established to provide guidance to employees when fulfilling the responsibilities of
their position and the public trust. Please refer to Code of Ethics for Public
Officers and Employees, Chapters 112.311 through 112.326, Florida Statutes.
POLICY:
In order to fulfill the role of public servant and to adhere to legal and professional
rules and standards, this Code of Ethics is established as an expectation for all
employees of the Clerk of the Circuit Courts office.
PROCEDURE:
1. Responsibility In performance of their duties for the Clerk of the Circuit
Court, all employees will uphold the United States and Florida Constitutions,
Hillsborough County Charter, state and federal laws, statutes, regulations, policies
and procedures governing their actions.
A. Employees will strive to be sensitive and responsive to the rights of the
public and their changing needs.
B. Employees will strive to provide the highest quality of performance and
service.
C. Employees will exercise prudence and integrity in the management of
funds in their custody and in all financial transactions.
2. Employee Development - employees will be responsible for maintaining their own
competence in order to perform the duties of their position.
A. Employees will devote their time, skills and energies to achieving
excellence in their job.
B. Employees will abide by established practices and procedures within their
department.
ER Policies and Procedures Manual
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Code of Ethics
3. Professional Integrity-Information
A. Employees will not knowingly sign or make any oral or written statement
or report which contains any misstatement or which omits any material
fact.
B. Employees will respect and protect privileged information and respect
the right of citizens to access public records and public meetings.
C. Employees will act responsibly with information they obtain in the
workplace and no employee shall use any such information for personal
gain or for the special benefit of other select individuals.
D. Employees will be sensitive and responsive to inquiries from public
officials, the public and the media, within the framework of the Clerks
Office policy.
4. Personal Integrity-Relationships
A. Employees will strive to exhibit respect and trust in the affairs and
interests of Hillsborough County government.
B. Employees will not knowingly be a party to, condone or conceal any
illegal or improper activity.
C. Employees will respect the rights, responsibilities and integrity of
fellow employees and customers with whom they work and associate.
D. Employees will manage all matters of supervision within the scope of
their authority so that fairness and impartiality govern their decisions.
E. Employees will promote equal employment opportunities, and shall oppose
other unfair practices.
5. Conflict of Interest
A. Employees will perform their duties without favor.
B. Employees will refrain from engaging in any outside matters of financial
or personal interest incompatible with the impartial and objective
performance of their duties.
C. Employees will not, directly or indirectly, seek or accept personal gain
which would influence, or appear to influence, the conduct of their
official duties.
D. Employees will not use public property or resources for personal or
political gain.
Failure to comply with any of the above is cause for disciplinary action up to and
including dismissal.
Approved by:
Pat Frank
Clerk of the Circuit Court
Date: November 2013
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Code of Ethics
____________________________________________________________
CLERK OF THE CIRCUIT COURT ER-1.5
Department of Employee Relations Policies and Procedures Manual
_____________________________________________________________
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating policies and
procedures supporting employment standards, programs and benefits.
PURPOSE:
This policy is established to provide guidelines to employees who handle money as part of
their position duties or assignment.
POLICY:
This policy applies to all employees of the Clerk of the Circuit Court who handle cash,
checks or any type of monies. Only those employees specifically designated as cashiers are
authorized to collect monies on behalf of the Clerk of the Circuit Court. All cashiers must
complete the Clerks Cashier Training Class curriculum before assuming their duties as a
cashier. Cashiers are entirely responsible for the integrity of their cash drawer.
PROCEDURE:
1. Receipting of Payments
All payments received, cash or check, must be processed through the automated cash
collection system. Payments received from the customer in person must be processed
immediately, and the customer issued an official receipt. Payments received by mail must
be processed on the same day as received, if possible. Any payments not processed on the
same day as received must be properly secured overnight, and processed as soon as
possible on the next day(s).
2. Payments that cannot be processed due to one or more defects on the check:
A. Section 31 U.S.C. 5103, entitled "Legal tender," states: "United States coins and
currency [including Federal Reserve notes and circulating notes of Federal
Reserve banks and national banks] are legal tender for all debts, public charges,
taxes, and dues." This statute means that all United States money as identified
above is a valid and legal offer of payment for debts when tendered to a
creditor. There is, however, no Federal statute mandating that a private
business, a person, or an organization must accept currency or coins as payment
for goods or services. Private businesses are free to develop their own policies
on whether to accept cash unless there is a state law which says otherwise.
B. All coins presented to satisfy a fine, fee, cost, or service charge to the Clerks
Office will be accepted.
a. The customer presenting the coins or currency must remain in the
presence of the cashier until the coin and currency is counted.
b. The Customer must be given a receipt for the coin & currency.
5. Overpayments
Overpayments are created when the amount of a check received as payment exceeds the
amount due. Under no circumstances should change be returned on a check transaction.
When an overpayment occurs, a Clerk of the Circuit Court check will be issued to the
customer who deposited the overpayment funds for the difference, subject to certain
exceptions listed below:
A. All Departments (except Traffic payments by mail and Family Law):
1. Overpayment amounts greater than five dollars ($5.00) will be refunded
to the customer, or deposited to their deposit account.
2. Overpayment amounts equal to or less than five dollars ($5.00) will be
retained by the office as income, unless the customer specifically requests,
in writing, that the overpayment amount be refunded.
B. Family Law
1. The full amount of the check will be applied to the indicated account.
Failure to comply with any of the above is cause for disciplinary action up to and including
dismissal.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: March 2012
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.8
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: DEFERRED RETIREMENT OPTION PLAN (DROP)
TERMINATION OF EMPLOYMENT & RE-EMPLOYMENT REQUIREMENTS
EFFECTIVE: June 2012
AUTHORITY:
Employee Relations is responsible for developing and implementing policies and
procedures supporting employment standards, programs and benefits as delegated
by the Clerk of the Circuit Court.
PURPOSE:
To establish a policy regarding termination of employment for Clerk employees who
elect to participate in the Deferred Retirement Option Plan (DROP) with the
Florida Retirement System (FRS), Division of Retirement.
DEFINITION:
Proper Notice - Proper notice of resignation of position shall be considered as
sufficient time to allow a department to recruit for the position, replace the
position internally, or any other reasonably substantiated cause that has been
identified by the department in their succession plan.
POLICY:
An employee's execution of FRS Form DP.ELE, Notice of Election to Participate in
the Deferred Retirement Option Program (DROP) and Resignation of Employment is
considered a binding written resignation of employment with the Clerks office.
Employees in the DROP will not be permitted to rescind their official resignation
from Clerks office employment.
Departments are required to institute succession planning when the role and
function of an employee who has applied for the DROP, or can be considered
eligible for the DROP, is deemed to be critical to the fulfillment of the
department's operational business practices (Departments will be notified of those
employees who enroll in the DROP.) The purpose of a succession plan is to ensure
continued and seamless service delivery by providing the necessary training,
education, support and resources for the replacement of the DROP participant.
Accordingly, departments will be responsible for developing and administering the
succession plans for each position identified through DROP and deemed to be
critical to a department's operational business practices. The following are
examples of operational business practices that should be considered when
instituting succession planning.
Serious disruption in the delivery and/or quality of services.
Impairment of a business operation or program necessary for the
delivery of a critical service.
The employee possesses unique knowledge, abilities and skills that a
suitable successor must be trained in within a reasonable time frame prior
to replacing this individual.
DROP participants are eligible to enroll in the DROP for up to 60 months from
their original date of eligibility, but may terminate DROP at any point prior to their
maximum end date. Therefore, positions that require unique knowledge, abilities
and skills must be identified upon enrollment. Departments should move forward
with hiring and training replacements for those positions, based upon the
succession plan established for the respective position.
Enrollment in DROP does not create a contract of employment for the duration of
the DROP period and employees entering DROP retain their pre-existing
employment status without any additional rights.
Pay Out of Leave Accruals & Proper Notice Civil Service Rule 10.5 (e) requires
classified employees to provide proper notice of resignation of position, and upon
the conditions of retirement, those employees shall be paid for any unused leave
accruals applicable to Civil Service Rules, and the employee's sick plan election
(Plan A, or Plan B).
Employees who elect to leave employment prior to their pre-designated termination
date are still required to provide proper notice as defined by their department
head(s) and/or the Clerk. At the beginning of the DROP period, the Department
Director shall establish a proper notice period (normally not more than three
months after being notified of DROP enrollment and receipted by the employee in
DROP), to allow sufficient time for the department to recruit for the position
vacated by the DROP participant, replace the position internally or any other
reasonably substantiated cause that has been identified by the department in
their succession plan.
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All Clerk employees participating in the DROP who fail to give proper notice as set
forth for them by their Department Director shall forfeit any/all unused leave
accruals. A voluntary termination of employment without proper notice is
considered a deficient performance of service to Hillsborough County.
Re-employment
Departments may consider re-employing a retiree as they proceed with the
standard recruitment of the vacated position. To be eligible for consideration, a
retiree must have been unemployed under an FRS employer for at least six
calendar months.
Restrictions will apply to retirees who are re-employed during the seventh through
twelfth month of retirement: An FRS retiree who works for an FRS employer
during the seventh through twelfth months after his or her retirement date must
suspend his or her retirement benefits for any months worked during the seventh
through twelfth months of retirement. An employer's failure to notify FRS of a
retiree's re-employment will result in a severe penalty to both the retiree and the
employer. The employer will be liable for re-payment of 50% of any retirement
benefits the retiree received while employed during the seventh through twelfth
months of retirement. Re-employed retirees will be considered new employees, and
will be required to meet all probationary requirements, starting over as new
employees with regard to pay and benefits, and will be treated as any other new
employee upon their initial date of rehire. If the retiree elected to continue
health and life benefits immediately upon retirement, the retiree will not be
required to satisfy the waiting periods for the Hillsborough County Employee
Health and Life Insurance Plans. All other waiting periods for active employee
benefits must be met prior to eligibility.
Re-employed retirees will not be eligible to participate in either the FRS Pension
Plan or the FRS Investment Plan.
Decisions regarding the re-employment of retirees in accordance with these
provisions remain the discretionary authority of the Appointing Authority, and for
classified positions, in accordance with Civil Service Rules regarding initial
recruitment and re-employment. Please be advised that there are restrictions on
classification and pay concerning re-employment in the classified and unclassified
service.
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______________________________________________________________
ER-2.15
Policies and Procedures Manual
______________________________________________________________
SUBJECT: LONGEVITY INCENTIVES
EFFECTIVE: November 1, 2011
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits
as delegated by the Clerk of the Circuit Court.
PURPOSE:
Established to recognize an employees service to the County.
POLICY:
To reward and encourage longevity, the Clerk of Circuit Courts Office adopted
Civil Service Rule 8.9 as the rule appeared in September, 2011.
PROCEDURE:
In order to recognize an employees service in the county, an annual lump sum
longevity incentive will be paid to the employee as part of their first paycheck in
December.
Incentives will be based on the following service:
CONTINUED CLASSIFIED SERVICE
AS OF NOVEMBER 30
10 years but less than 15 years
15 years but less than 20 years
20 years or more
LONGEVITY INCENTIVE
$200
$250
$300
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits
as delegated by the Clerk of the Circuit Court.
PURPOSE:
Established to reward outstanding performance of Employees in the Clerks office.
POLICY:
In accordance with Civil Service Rule 8.2(f) the Clerk of the Circuit Court may
choose to reward employees with a proficiency payment for outstanding job
performance to include but not limited to:
Outstanding participation in a project or initiative working towards the
strategic direction of the office
Outstanding customer service
Self improvement through acquiring new skills and abilities
Identifying opportunities for improvement in efficiency and effectiveness
The Clerk has implemented a Performance Award Policy for qualified classified and
unclassified service employees to reward and encourage commitment to high
standards of performance to include a personal day(s) off with pay every twelve
months and/or a monetary lump sum to be awarded commensurate with
performance at the discretion of the Clerk.
PROCEDURE
The award will be approved by the Policies and Procedures Committee after
recommendation by the Clerk and/or a member of Clerks Senior Staff.
In order to be deemed qualified to receive a Performance Award, employees must
be performing at a successful or better level. Any employee who has received a
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Performance Awards
Performance Awards
Date:____________________________________________
Employee:_________________________________________
Department:_______________________________________
------------------------------------------------------------------------------------------
Signature:_______________________________________
Date:______________________________________________
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.23
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: ANNUAL LEAVE
EFFECTIVE: November 2013
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
Please refer to Civil Service Rule: 10.5.
PURPOSE:
Established to provide employees paid time off from work each year.
POLICY:
Annual leave is accumulated each pay period (subject to forfeiture for separation
of employment under unsatisfactory terms). Annual leave is based on the number
of hours authorized for an employees standard work week, the employees length
of continuous service as calculated for his/her established benefits date, and the
appropriate hourly accrual rate as set forth in Civil Service Rule 10.5. No
classified employee shall be considered eligible for annual leave with pay until they
have successfully completed initial probation and become a fully tenured employee.
PROCEDURE
1. Annual leave is not automatically granted; therefore, prior approval for use of
annual leave must be obtained. It may be approved or denied based on the
prevailing needs of the department. However, all possible consideration is to be
given to granting requests for annual leave when properly submitted.
2. A request for annual leave should be submitted to the immediate supervisor for
approval as far in advance as possible, to allow the supervisor an opportunity to
make any necessary adjustments to provide for the employees absence.
3. Maximum accrual, minimum required use, payment for unused time, exclusions
and exceptions to this policy, shall be governed by the provisions of Civil Service
Rule: Annual Leave.
Annual Leave
Approved By:
Pat Frank
Clerk of the Circuit Court
Clerk Date: November 2013
Annual Leave
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.25
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: SICK LEAVE
EFFECTIVE: June 2012
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
Please refer to Civil Service Rule: 10.3/10.4.
PURPOSE:
Established to provide protection to employees against loss of income during
unavoidable illness or injury. Utilization of sick leave is specifically outlined in
Civil Service Rule 10.3/10.4.
POLICY:
Employees accrue sick leave according to which plan they are enrolled in, Sick Plan
A or Sick Plan B.
Sick Plan A employees accrue 96 hours (12 days) each year.
Sick Plan B employees accrue 64 hours (8 days) each year.
Sick hours are accumulated based on regular paid hours.
Sick leave is prorated for employees who are not full time. Sick leave may
be used for valid and authorized reasons. The employee shall notify the immediate
supervisor promptly, normally prior to their regularly scheduled reporting time,
stating the nature of illness or injury.
PROCEDURE:
1. Sick leave is a privilege to be used only when a valid need arises.
2. Sick leave allowance accrues consistent with Civil Service Rule: Sick Leave.
3. Sick leave may be authorized for:
A. An employees own illness or injury, which is not job related.
B. Health maintenance appointments, including dental, optical, medical
examinations and/or treatment.
C. Placement of son or daughter with the employee for adoption or foster
care.
D. Care for an employee's spouse, child, parent (or anyone who acted as a
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Sick Leave
parent of the employee when the child was young) or any relative residing
in the employee's household.
E. Supplemental allowances paid for job-related incapacitation, Short-Term
Disability and donations to authorized Sick Leave Bank (Sick Plan A).
F. Income while satisfying the waiting period to enter the Short-Term
Disability or Sick Bank Programs.
G. Emergency leave may be authorized for situations which could not
reasonably have been foreseen, and are of such urgency as to require the
immediate attention of the employee away from their work location.
Emergency leave is limited to up to 25% (Plan A = 24 hours; Plan B = 16
hours) of an employee's annual sick leave accrual. An employee must
obtain oral permission for emergency leave absences. Employees may be
asked to justify the compelling reason for their absence.
4. Sick leave may be used while an employee is out on Family and Medical Leave
(FMLA). Please refer to FMLA Policy.
5. Management has both the authority and responsibility to determine that the
employees reason for requesting sick leave is valid. The employee may be required
to provide verification of medical appointments, illness, injury, or emergency when
required by management. Normally, verification will be requested for any illness
that exceeds a three (3) day duration.
6. Failure to provide verification when requested may be grounds for denial of sick
leave with pay and may result in disciplinary action.
7. Discovery that an employee is taking sick leave under false pretenses or abusing
sick leave privileges shall be deemed grounds for disciplinary action, up to and
including termination.
8. When requesting sick leave, the employee must contact their immediate
supervisor or designee before the start of the work shift or within the first hour
of the work shift. For payroll purposes, time reported on the payroll voucher
should be reported to the nearest quarter hour.
9. Employees who have been absent from work for medical reasons (not on an
approved leave of absence) may be required to provide a Fitness For Duty (Return
to Work) form as deemed necessary by management.
Sick Leave
10. Employees who feel the administration of sick leave is not being handled
consistent with this policy should try to resolve the problem with their supervisor
or through the established grievance procedure.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: June 2012
Sick Leave
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.26
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: EMERGENCY LEAVE
EFFECTIVE: June 2012
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits
as delegated by the Clerk of the Circuit Court. Please refer to Civil Service Rule:
10.3h, 10.4h.
PURPOSE:
Established to provide employees an opportunity to request time away from work
due to personal or family emergencies.
POLICY:
Emergency Leave may be granted for up to twenty-five (25) percent of an
employee's annual sick leave accrual (for Sick Plan A it is 24 hours and for Sick
Plan B it is 16 hours) for a personal or family emergency that involves an incident
for which the use of sick leave is not permitted under Civil Service Rules. An
emergency is defined as a circumstance that could not have reasonably been
foreseen, and is of such urgency as to require an employee's immediate presence
away from the work location.
PROCEDURE:
1. Oral permission for the emergency absence shall be obtained from the
supervisor as early as possible.
2. Evidence supporting the compelling reason for the emergency must be
presented, before a payment for the hours of absence will be made.
3. The number of emergency hours used will be deducted from an employee's
accrued sick leave.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: June 2012
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Emergency Leave
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
Please refer to Civil Service Rule: Bereavement Leave 10.11.
PURPOSE:
Established to provide paid leave when a death occurs in an employees immediate
family.
POLICY:
Bereavement Leave may be granted for up to three (3) full working days of paid
leave in the event of the death of an immediate family member. All permanent
employees are entitled to bereavement leave, regardless of probationary status.
PROCEDURE:
1. A request must be made in writing citing relationship as basis for the leave
(Attachment 1). The request must be approved by management.
2. Immediate family member is defined as the employee's spouse, child (including
step child), parent (includes not only the biological parent, but any individual who
acted in loco parentis when the employee was under age 18), step-parent,
siblings(includes step-siblings and half-siblings), grandchild, grandparent,
grandparent-in-law, great grandparent, great grandparent-in-law, parent-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law, or any relative residing
within the employee's household.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: October 2009
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ATTACHMENT 1
Date Approved:________________________________________________
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.30
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: CIVIC LEAVE: COURT APPEARANCES
EFFECTIVE: June 2012
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
Please refer to Civil Service Rule: 10.7.
PURPOSE:
Established to provide employees with paid civic leave for most court appearances.
POLICY:
Civic leave may be authorized in order for employees to make court appearances,
including jury duty and responding to a summons/subpoena.
PROCEDURE:
1. Types of Court Appearances
A. Jury Duty - An employee who is called for jury duty shall be granted civic leave
with pay for all hours required for such duty. This civic leave will not exceed the
number of hours in the employees normal work day. If the jury duty does not
require absence for the entire work day, the employee shall return to duty
immediately upon release by the court. The employee may not retain any jury fees.
The Clerk shall not reimburse the employee for meals, lodging and travel expenses
incurred while serving as a juror.
B. Summons/Subpoena - A summons is a document or instrument used to initiate
civil action and is a means of acquiring jurisdiction over a party such as a
defendant. Generally, employees are granted civic leave in accordance with the
following guidelines:
(1) Litigation involving the Clerks office(A) If an employee is summoned to serve as a witness in a civil or criminal
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Civic Leave
action involving the Clerks office, they shall not be granted civic
leave. Appearances in such cases are considered part of the
employees job assignments, and per diem and travel expenses shall be
paid. Any fees received from the court must be turned over to the
employer.
(B) The Clerks attorney must be notified immediately when an employee is
summoned for court testimony pertaining to job-related matters for
which the employee is knowledgeable.
(2) Non-personal Litigation - An employee summoned to serve as a witness in a
civil or criminal action, not involving personal, family member or Clerks
office litigation, may be granted civic leave.
(3) Personal Litigation - Personal litigation is defined as litigation directly
involving an employee or immediate family member. An employee who
becomes a plaintiff or defendant in a civil action is not eligible for civic
leave. Time used for personal litigation will be charged to annual leave,
compensatory time or leave without pay.
2. Process for Requesting Leave
A. Submit jury notice or summons to supervisor - If an employee receives a notice
of jury duty or summons, the employee should report this fact as soon as possible
to their supervisor.
B. Certification of attendance - Employees seeking civic leave must present
official notice of jury duty or summons, and certification of attendance by the
Court Clerk. In cases of depositions, a statement of attendance from the attorney
deposing the employee must be presented.
C. Return to work - In any event, employees who attend court for only a period of
a regularly scheduled work day must return to work and complete the remainder of
their regularly scheduled hours when excused or released by the court.
3. Employee Eligibility - Permanent, Reduced-hour, Restricted and Limited
Duration employees are eligible for civic leave. Part-time and Temporary
employees are not eligible.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: June 2012
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Civic Leave
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.32
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: NEWBORN LEAVE
EFFECTIVE: June 2012
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
Please refer to Civil Service Rule: 10.4b
PURPOSE:
Established to provide employees with paid leave for the birth or adoption of a
child.
POLICY:
Employees on Sick Plan B shall be granted one (1) work week of paid leave for the
birth of a child, or the adoption of a child under the age of eighteen (18).
PROCEDURE:
1. Newborn leave may be authorized for:
A. The birth of the employee's child.
B. The employee's adoption of a child under the age of eighteen (18).
2. Management shall verify the eligibility of the employee for paid leave. Leave
may be granted and used during the first thirty (30) days following the birth or
adoption of the child, unless delayed due to medical complications or other
extenuating circumstances.
3. Newborn leave is of a special nature and shall not be deferred beyond the first
thirty (30) calendar days following a birth or adoption, except as provided in (2)
above. Newborn leave is not charged against any other leave account, and is not
accumulated in the manner of sick or annual leave. The frequency with which it is
granted shall be governed only by necessity. Newborn leave will run concurrently
with FMLA (Family Medical Leave Act) if employee is entitled.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: June 2012
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Newborn Leave
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.35
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: MILITARY LEAVE
EFFECTIVE: September, 2010
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
Please refer to Civil Service Rule: Military Leave of Absence, Leave of Absence for
Reserve or Guard Training, Rules 10.2, 10.8 and 10.9.
PURPOSE:
Established to provide authorized leave to employees for the purpose of military
or Guard active service or training.
POLICY:
Military leave of absence may be granted to actively serve in the Armed Forces of
the United States of America or U.S. Coast Guard. Such leave may also be granted
when duly called for training for the National Guard of the State of Florida or
other reserve components of the Armed Forces of the United States of America.
PROCEDURE:
Active Service
1. A written request for military leave of absence must be accompanied by official
military orders which include:
A. Employee's name.
B. Social security number.
C. Inclusive dates of training.
2. The Department Director will notify the Civil Service Board so that the rights
of the employee may be observed (status form).
Military Leave
Military Leave
Military Leave
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.37
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: FAMILY AND MEDICAL LEAVE
EFFECTIVE: November 2013
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits
as delegated by the Clerk of the Circuit Court. Please refer to Civil Service Rule
10.13 and Public Law 103-3, Family and Medical Leave Act (FMLA) of 1993.
PURPOSE:
To allow eligible employees up to 12 workweeks of unpaid leave during a 12 month
period for any FMLA qualifying reason(s) or up to 26 workweeks military caregiver
leave.
POLICY:
It is the policy of the Clerk of the Circuit Court to grant up to 12 workweeks of
family and medical leave during any 12-month period or up to 26 workweeks of
military caregiver leave to eligible employees consistent with the Family and
Medical Leave Act of 1993 (FMLA). The leave may be paid, unpaid, or a combination
of paid and unpaid, depending on the circumstances as specified in this policy.
However, if accrued leave is available, an employee must use paid leave from the
appropriate leave accrual account consistent with Civil Service Rules. FMLA runs
concurrent with any other form of leave. The Clerk of the Circuit Court uses the
rolling twelve (12) month period to calculate eligible FMLA leave.
PROCEDURE:
1. Eligibility
Permanent employees who have worked for Hillsborough County for at least twelve
(12) months and have worked at least 1,250 hours in the past twelve (12) month
period are eligible for this leave.
2. Qualifying Events
To qualify as FMLA leave under this policy, an eligible employee must be taking the
leave for one of the following reasons:
ER Policies and Procedures Manual
Page 1 of 9
a)
b)
c)
d)
e)
3) An employee who is taking leave for the birth, adoption, or foster care
of a child must use sick, annual and newborn leave, as well as floating
holidays, consistent with Civil Service Rules, prior to being eligible for
unpaid leave. If newborn leave is applicable, such leave will be taken
consistent with Civil Service Rules.
4) Employees who are normally exempt from the Fair Labor Standards Act
(FLSA) will be treated as non-exempt and have their salary reduced for
any hours taken as intermittent or reduced-hour FMLA leave within a
workweek after all accrued sick and annual leave has been exhausted.
5. Requesting Leave
A. Except where leave is not foreseeable, all employees requesting leave under
this policy must complete the Application for Family or Medical Leave form prior
to the leave.
B. Any eligible employee who requests a FMLA leave for a serious health condition
must present written Certification of Physician or Practitioner, from their health
care provider or the health care provider of the family member in question. This
certification must be presented to management before leave can be approved
C. Any eligible employee who requests FMLA leave for a qualifying exigency arising
out of the fact that the employees spouse, son, daughter, or parent is a covered
military member on covered active duty must present written documentation to
support the request for leave.
D. Any eligible employee who requests FMLA Military Caregiver Leave must provide
documentation to support the request.
E. When there is doubt about a medical certification, the Clerk, at its own
expense, may require a second opinion concerning a serious medical condition. If
the two opinions conflict, the Clerk may, at its own expense, require a third opinion.
F. If the employee plans to take intermittent leave or work a reduced schedule,
the certification should also include dates and the duration of treatment and a
statement of medical necessity for taking intermittent leave or working a reduced
schedule.
M. Discovery that an employee is taking FMLA leave under false pretenses shall be
grounds for disciplinary action, up to and including termination.
N. While on leave, employees can not engage in any other employment or income
producing activity.
6. Employee Status and Benefits During Leave
While an employee is on approved FMLA leave, The Clerk will continue the
employees health benefits during the FMLA leave period at the same level and
under the same conditions as if the employee had continued to work consistent
with the following:
A. Employees must use any available accrued leave while on FMLA.
B. Under current policy, the employee pays a portion of their health insurance
premium. The Clerk will continue to make payroll deductions to collect the
employees share of their health insurance premium while the employee continues
to utilize sick leave, annual leave, newborn leave, leave used as Short/Long Term
Disability (STD/LTD) supplements and floating holidays. When an employee has
exhausted all leave accruals and is approved for unpaid leave, the Clerk may pay for
the employees portion of the monthly health insurance premium.
C. Employees who are eligible for Short-Term Disability (STD) and/or Long-Term
Disability (LTD) benefits must use accrued sick and annual leave, as well as floating
holidays to satisfy the benefit waiting period. Newborn leave must be used
towards
the benefit waiting period, if available for use.
D. Employees who are approved for STD and/or LTD benefits must supplement
their weekly benefit with accrued sick leave, annual leave, and floating holidays.
E. After an employee has exhausted leave accruals for the purpose of
supplementing a STD and/or LTD benefit, the Clerk may pay for the employees
portion of the monthly health insurance premium.
F. The Clerk will continue to make employee authorized payroll deductions for all
benefits while the employee is receiving sufficient pay to cover these deductions.
When the employees pay is insufficient to cover these deductions, the employee
must continue to make payments for all voluntary benefits, excluding the employee
portion of the health insurance (i.e., supplemental life insurance, supplemental longterm disability, dental insurance, parking, etc.). If the employee does not make
payments to the appropriate vendor, participation may be discontinued. Employees
should contact Employee Relations with any questions.
G. During the approved leave, the employee is responsible for keeping in contact
with their department on a regular basis as pre-arranged with their manager.
7. Requesting to Return to Work
A. Before returning to work from FMLA, the employee must present a completed
Fitness for Duty Report (Medical Release) certification from their
physician/health care provider which states that they are able to return to their
job duties. This certification must be presented to management
and approved by Employee Relations before their return to work can be approved.
B. The employee must contact management to notify them of their anticipated
return to work date (at least two (2) business days prior to their return to work).
C. Failure to return to work following an authorized leave may result in a job
abandonment action or disciplinary action resulting in dismissal of employment.
8. Employee Status After Leave
A. An employee who takes FMLA leave under this policy will be able to return to
the same position or a position with equivalent status, pay, benefits and other
employment terms. The position will be the same or one that entails substantially
equivalent skill, effort, responsibility and authority.
B. Under specified and limited circumstances where restoration to employment
will
cause substantial and grievous economic injury to Clerk operations, the Clerks
office may refuse to reinstate certain highly-paid "key" employees after using
FMLA leave during which health coverage was maintained. A "key" employee is a
salaried "eligible" employee who is among the highest paid ten percent of
employees.
9. Management Responsibilities
A. Post a notice explaining rights and responsibilities under FMLA on department
bulletin boards.
B. Employee Relations provides notice within one to two days designating the leave
as FMLA or not. Employee Relations also provides an information sheet that
ER Policies and Procedures Manual
Page 7 of 9
ATTACHMENT 1
DEPARTMENT:
MANAGER:
CHIEF DEPUTY:
START DATE:
AMOUNT OF LEAVE REQUESTED:
RETURN DATE:
LEAVE REQUESTED:
TYPE OF LEAVE
HOURS
(9)
ACKNOWLEDGEMENT
EMPLOYEE SIGNATURE:
DATE:
MANAGER REVIEW:
DATE:
DIRECTOR APPROVAL:
DATE:
DATE:
NOTE: THE FOLLOWING LEAVES REQUIRE CHIEF DEPUTY APPROVAL AND COORDINATION WITH
EMPLOYEE RELATIONS:
>LEAVE FOR OTHER COGENT REASONS
>MEDICAL LEAVE
>MILITARY LEAVE
>FMLA
ALL OTHER LEAVE REQUESTED MAY BE APPROVED BY MANAGER OR DIRECTOR, AS APPROPRIATE.
(Revised: 02/06/2007)
Page 1 of 1
ATTACHMENT 2
1. Employees Name:
2. Patients Name and relationship (if other than employee):
3. The attached sheet describes what is meant by a "serious health condition" under the Family and Medical Leave Act.
Does the patient's condition1 qualify under any of the categories described? If so, please check the applicable category.
(1)
(2)
(3)
(4)
(5)
(6)
4. Describe the medical facts which support your certification, including a brief statement as to how the medical facts meet
the criteria of one of these categories:
5.a.State the approximate date the condition commenced, and the probable duration of the condition (and also the probable
duration of the patient's present incapacity2 if different):
b. Will it be necessary for the employee to take work only intermittently or to work on a less than full schedule as a
result of the condition (including for treatment described in Item 6 below)?
If yes, give the probable duration:
c. If the condition is a chronic condition (condition #4) or pregnancy, state whether the patient is presently incapacitated2
and the likely duration and frequency of episodes of incapacity2:
6. a. If additional treatments will be required for the condition, provide an estimate of the probable number of such treatments:
If the patient will be absent from work or other daily activities because of treatment on an intermittent or part-time
basis, also provide an estimate of the probable number and interval between such treatments, actual or estimated
dates of treatment if known, and period required for recovery if any:
b. If any of these treatments will be provided by another provider of health services (e.g., physical therapist), please
state the nature of the treatments:
c. If a regimen of continuing treatment by the patient is required under your supervision, provide a general description of
such regimen (e.g., prescription drugs, physical therapy requiring special equipment):
F:/Groups/Benefits/FMLA
12
Page 1 of 4
7. a. If medical leave is required for the employee's absence from work because of the employee's own condition
(including absences due to pregnancy or a chronic condition), is the employee unable to perform work of any kind?
b. If able to perform some work, is the employee unable to perform any one or more of the essential functions of the
employee's job (the employee or the employer should supply you with information about the essential job functions)?
If yes, please list the essential functions the employee is unable to perform:
c. If neither a. nor b. applies, is it necessary for the employee to be absent from work for treatment?
8 . a. If leave is required to care for a family member of the employee with a serious health condition, does the patient
require assistance for basic medical or personal needs or safety, or for transportation?
b. If no, would the employee's presence to provide psychological comfort be beneficial to the patient or assist in
the patient's recovery?
c. If the patient will need care only intermittently or on a part-time basis, please indicate the probably duration of this
need:
(Type of Practice)
(Date)
(Address)
(Telephone Number)
To be completed by the employee needing family leave to care for a family member:
State the care you will provide and an estimate of the period during which care will be provided, including a schedule if
leave is to be taken intermittently or if it will be necessary for you to work less than a full schedule:
(Employee Signature)
(Date)
F:/Groups/Benefits/FMLA
Page 2 of 4
A.
"Serious Health Condition means an illness, injury, impairment, or physical or mental condition that
involves one of the following:
1.
Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including
any period of incapacity3 or subsequent treatment in connection with or consequent to such inpatient care.
2.
3.
Pregnancy
Any period of incapacity due to pregnancy, or for prenatal care.
4.
5.
6.
Page 3 of 4
1.
Here and elsewhere on this form, the information sought related only to the condition for which the employee is taking FMLA leave.
2.
"Incapacity," for the purposes of FMLA, is defined to mean inability to work, attend school or perform other regular daily activities due to the serious health
condition, treatment therefore or recovery therefrom
3.
"Incapacity," for purposes of FMLA, is defined to mean inability to work, attend school or perform other regular daily activities due to the serious health
condition, treatment therefore, or recovery therefrom.
4.
Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical,
eye, or dental examinations.
5.
A regimen of continuing treatment includes, for example, a course of prescription medication (e.g. an antibiotic) or therapy requiring special equipment to
resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or
salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider.
6.
"Incapacity," for purposes of FMLA, is defined to mean inability to work, attend school or perform other regular daily activities due to the serious health
condition, treatment therefore, or recovery therefrom.
F:/Groups/Benefits/FMLA
Page 4 of 4
ATTACHMENT 3
CLERK OF CIRCUIT COURT FITNESS FOR DUTY REPORT (Medical Release)
PLEASE HAVE YOUR PHYSICIAN COMPLETE THE FOLLOWING QUESTIONS AND RETURN TO YOUR DEPARTMENT
SUPERVISOR:
Employee:
Date:
Date of Injury (if applicable):
at
(Date)
a.m./p.m.
(Time)
(circle one)
II.
Treatment Regimen:
III.
DESCRIPTION
YES
NO
DESCRIPTION
YES
NO
DESCRIPTION
PULLING
STANDING
WALKING
PUSHING
CLIMBING
STOOPING
DATA ENTRY
BENDING
KNEELING
FILING
CROUCHING
REACHING
PHOTOCOPYING
SITTING
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
YES
NO
VI.
VII.
VIII.
State any other work-related activities which are affected by the employee's current physical condition and indicate how the
activities are affected: (If light duty is recommended, please explain)
IX.
(Yes)
(No)
Full Duty
(Date)
Time:
(Date)
at:
(Time)
a.m. - p.m.
(Circle One)
Circle one
YES
NO
Circle one
YES
NO
If yes, please write in the first full day of NO PAY or STD: Date
A reminder:
If employee was in a no-pay status or used STD for 30 consecutive days their
benefit and performance review date will be adjusted. If the employee
supplemented STD with their own accruals they will still be adjusted if
they used STD for 30 days or more. You will receive a copy of the status form
adjusting these dates.
(Supervisor's Signature)
(Date)
ATTACHMENT 4A
M E M O
DATE:
Employee
TO:
Employee Relations
FROM:
RE:
This letter is to inform you that you are eligible for Family and Medical Leave.
Your manager informed us of a serious health condition that may make you eligible for
Family and Medical Leave for the following reason:
the birth of your child and in order to care for him or her
a serious health condition that makes you unable to perform the essential
functions of your job
a serious health condition affecting your spouse, child or parent, which you
are needed to provide care
Page 1 of 1
ATTACHMENT 4B
M E M O
DATE:
TO:
Employee
FROM:
Employee Relations
RE:
This letter is to inform you that you are not eligible for Family and Medical leave
under our policy because:
you have not worked 1,250 hours during the last 12 consecutive
months.
or
you have not been employed with the Clerk/Hillsborough County for 12
months.
or
the leave requested (describe the requested leave) does not meet one
of the specific conditions listed in the policy.
or
Other types of leave are available through the Clerk of the Circuit Court.
These leaves are subject to approval by your Director and your Chief Deputy.
If you have any questions about your leave of absence, our leave policies or this
letter, please contact your manager.
FMLA Not Eligible Letter
Page 1 of 1
ATTACHMENT 4C
CLERK OF CIRCUIT COURT
This Notice is a response either to your request for leave which qualifies under the Family
Medical Leave Act of 1993 (FMLA) or from our determination that the type of leave you have
requested may qualify as leave under FMLA.
1.
If you are requesting a medical leave for your own serious health condition or the serious
health condition of a family member, you must provide medical certification of the
serious health condition within fifteen (15) days of your request, when practicable.
Failure to furnish such medical certification may be grounds for denial of your leave
request until such certification is provided. The medical certification form is attached.
2.
FMLA is paid leave if you have annual and sick leave accruals. If you have no annual or
sick leave accruals, it is unpaid leave. The paid leave will run concurrently with your
FMLA leave of absence and will count against your twelve (12) week entitlement. If you
are approved for STD, FMLA will run concurrently with this benefit.
3.
You will be required to substitute accrued paid leave for unpaid FMLA leave. Accrued
leave is defined as sick leave, annual leave, newborn leave and floating holidays. If you
have a Short-Term Disability (STD) benefit, you are required to use your accrued leave
to supplement the benefit.
4.
While on FMLA leave, we will continue to provide health insurance for you at the level in
existence before the start of your FMLA leave or in accordance with such other health
plan as becomes generally applicable to active employees.
5.
While you are in a paid status, you are responsible for your portion of the premium for
your health insurance plan. During this time, your premiums will be deducted from your
check as usual. If you receive no pay from the Clerks office, your health insurance
premium will be paid by the Clerk. Prior to going on leave, you should receive information
regarding the following: Premiums for supplemental and dependent life insurance, dental
insurance and any other payroll deductions. If you do not receive this information, please
contact Employee Relations, Extension 4177.
Page 1 of 2
6.
You will be required to produce a Fitness for Duty Report completed by your physician
before you are allowed to return to work. Failure to submit the Fitness for Duty
Report will result in a denial of your restoration to employment following FMLA leave.
7.
You are entitled to be restored to your job or an equivalent job upon return from
Family and Medical Leave unless you elect not to return from leave after receiving
notice to do so from us. However, the taking of Family and Medical Leave does not
entitle you to any lesser or greater right to be restored to your position, or an
equivalent position, than the right you otherwise would have had if Family and
Medical Leave were not taken. Your failure to return to work at the end of the
leave period may be treated as abandonment of your position, unless your Chief
Deputy has agreed to an extension of the leave in writing.
8.
You are required to call your Manager every week on a mutually agreed upon date
and time.
If you have any questions or concerns regarding your leave of absence or our applicable
policy, please contact your Manager.
I have read and understand the above conditions. All questions have been answered
regarding my leave request and my rights and obligations under the Family and Medical
Leave Act to my satisfaction.
DATE
Page 2 of 2
EMPLOYEE SIGNATURE
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.39
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: LEAVE POLICY (NOT FMLA)
EFFECTIVE: June 2012
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits
as delegated by the Clerk of the Circuit Court. Please refer to Civil Service Rule
10.3(i) and 10.4(i).
PURPOSE:
To allow eligible employees, who are unable to work due to illness or injury or for
other cogent reasons, unpaid leave for qualifying reason(s).
POLICY:
It is the policy of the Clerk of the Circuit Court to grant leave depending on the
circumstances, current policy and rules, and as specified in this policy. If accrued
leave is available, an employee must use paid leave from the appropriate leave
accrual account in accordance with Clerk Policy and Civil Service Rules, prior to
being eligible for unpaid leave.
Permanent employees who have completed their initial probationary period and
become unable to work and/or unable to perform the essential functions of their
position due to illness or injury are eligible to apply for this leave.
PROCEDURE:
1. To qualify for leave under this policy, an eligible employee must request the leave
based on their own serious health condition or for a cogent reason as defined by
Civil Service Rules.
2. Management shall consider leave requests and make a determination whether to
authorize and approve such requests. All requests for leave of absence must be
coordinated through Employee Relations. Determination of the type of leave of
absence will be accomplished by Employee Relations. When an employee requests
medical leave of absence and is eligible for FMLA, FMLA will be assigned.
Leave Policy
3. Requesting Leave
A. Except where leave is not foreseeable, all employees requesting leave
under this policy must request leave in writing prior to the leave
(ATTACHMENT 1).
B. Any eligible employee who requests leave must present written
documentation to support their request for leave (ATTACHMENT 2).
This documentation must be presented to Employee Relations before
the leave can be approved by management (after a leave meeting with
Employee Relations). If the leave request is due to the employees
serious health condition, such documentation shall include all of the
following:
1) The date that the serious health condition began.
2) The probable duration of the condition.
3) Diagnosis.
4) A brief statement of treatment.
5) A statement from the health care provider that the employee is
unable to perform the essential functions of their job.
If the employee is requesting leave for Other Cogent Reasons (OCR), the employee
must provide supporting written documentation to substantiate the cogent reason,
as provided for in Civil Service Rules. If the employee is requesting the leave to
care for a seriously ill family member, the employee shall submit written
documentation from the family members treating health care provider as outlined
in 3 B, 1 4 above, and a statement from the health care provider that the
employee is needed to care for the family member.
C. The request for leave document must be submitted to the employees
immediate management with a copy forwarded to Employee Relations.
D. The Clerks office, at its own expense, may require a second opinion
regarding the employees serious medical condition. If the two
opinions conflict, the Clerks office may at its own expense require a
third opinion.
E. When an employee plans to take leave under this policy, the employee
must give their department thirty (30) days notice prior to the date
when the leave is to be taken. If it is not possible to give thirty (30)
days notice, the employee must give as much notice as is practicable.
Leave Policy
F.
G.
H.
I.
J.
Leave Policy
Leave Policy
Leave Policy
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: June 2012
Leave Policy
ATTACHMENT 1
DEPARTMENT:
MANAGER:
CHIEF DEPUTY:
START DATE:
AMOUNT OF LEAVE REQUESTED:
RETURN DATE:
LEAVE REQUESTED:
TYPE OF LEAVE
HOURS
(9)
ACKNOWLEDGEMENT
EMPLOYEE SIGNATURE:
DATE:
MANAGER REVIEW:
DATE:
DIRECTOR APPROVAL:
DATE:
DATE:
NOTE: THE FOLLOWING LEAVES REQUIRE CHIEF DEPUTY APPROVAL AND COORDINATION WITH
EMPLOYEE RELATIONS:
>LEAVE FOR OTHER COGENT REASONS
>MEDICAL LEAVE
>MILITARY LEAVE
>FMLA
ALL OTHER LEAVE REQUESTED MAY BE APPROVED BY MANAGER OR DIRECTOR, AS APPROPRIATE.
(Revised: 02/06/2007)
Page 1 of 1
ATTACHMENT 2
CLERK OF CIRCUIT COURT
Certification of Health Care Provider for Leaves of Absence
1.
Employee's Name
3.
4a.
State the approximate date the condition commenced, and the probable duration of the condition (and also the
probable duration of the patient's present incapacity if different):
b.
5a.
If the condition is a chronic condition or pregnancy, state whether the patient is presently incapacitated and the likely
duration and frequency of episodes of incapacity:
If additional treatments will be required for the condition, provide an estimate of the probable number of such
treatments:
If the patient will be absent from work or other daily activities because of treatment, also provide an estimate of the
probable number and interval between such treatments, actual or estimated dates of treatment if known, and period
required for recovery if any:
b.
If any of these treatments will be provided by another provider of health services (e.g., physical therapist), please
state the nature of the treatments:
c.
If a regimen of continuing treatment by the patient is required under your supervision, provide a general description
of such regimen (e.g., prescription drugs, physical therapy requiring special equipment):
Page 1 of 2
6a.
If medical leave is required for the employee's absence from work because of the employee's own condition
(including absences due to pregnancy or a chronic condition), is the employee unable to perform work of any
kind?
b.
If able to perform some work, is the employee unable to perform any one or more of the essential functions of the
employee's job (the employee or the employer should supply you with information about the essential job
If yes, please list the essential functions the employee is unable to perform:
functions)?
c.
If neither a. nor b. applies, is it necessary for the employee to be absent from work for treatment?
7a.
If leave is required to care for a family member of the employee with a serious health condition, does the patient
require assistance for basic medical or personal needs or safety, or for transportation?
b.
If no, would the employee's presence to provide psychological comfort be beneficial to the patient or assist in
the patient's recovery?
(Type of Practice)
(Date)
(Address)
(Telephone Number)
To be completed by the employee needing other cogent reason leave to care for a family member:
State the care you will provide and an estimate of the period during which care will be provided.
(Employee Signature)
(Date)
ER1747
Page 2 of 2
ATTACHMENT 3
CLERK OF CIRCUIT COURT FITNESS FOR DUTY REPORT (Medical Release)
PLEASE HAVE YOUR PHYSICIAN COMPLETE THE FOLLOWING QUESTIONS AND RETURN TO YOUR DEPARTMENT
SUPERVISOR:
Employee:
Date:
Date of Injury (if applicable):
at
(Date)
a.m./p.m.
(Time)
(circle one)
II.
Treatment Regimen:
III.
DESCRIPTION
YES
NO
DESCRIPTION
YES
NO
DESCRIPTION
PULLING
STANDING
WALKING
PUSHING
CLIMBING
STOOPING
DATA ENTRY
BENDING
KNEELING
FILING
CROUCHING
REACHING
PHOTOCOPYING
SITTING
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
YES
NO
VI.
VII.
VIII.
State any other work-related activities which are affected by the employee's current physical condition and indicate how the
activities are affected: (If light duty is recommended, please explain)
IX.
(Yes)
(No)
Full Duty
(Date)
Time:
(Date)
at:
(Time)
a.m. - p.m.
(Circle One)
Circle one
YES
NO
Circle one
YES
NO
If yes, please write in the first full day of NO PAY or STD: Date
A reminder:
If employee was in a no-pay status or used STD for 30 consecutive days their
benefit and performance review date will be adjusted. If the employee
supplemented STD with their own accruals they will still be adjusted if
they used STD for 30 days or more. You will receive a copy of the status form
adjusting these dates.
(Supervisor's Signature)
(Date)
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.41
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: OTHER COGENT REASONS LEAVE (OCR)
EFFECTIVE: June 2012
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
Please refer to Civil Service Rule: 10.10.
PURPOSE:
Established to provide employees an opportunity to request time away from work
without pay under certain extenuating circumstances.
POLICY:
Leave for Other Cogent Reasons (OCR) may be granted without pay for a period
not to exceed twelve (12) months, when it is in the best interest of the Clerks
office and employee to grant such leave.
PROCEDURE:
1. The Chief Deputy may authorize OCR Leave for the following reasons:
A. Extended family illness requiring the employee's presence.
B. Participation in an educational program beneficial to the employee's
growth in their present or projected job assignment.
C. Other compelling personal hardships where the employee's absence from
work is necessary.
2. Leave shall NOT be granted solely for reasons involving the engagement in
other employment or income producing business.
3. Sufficient evidence substantiating such leave must be provided, along with a
written request.
4. Any request exceeding twelve (12) months shall be forwarded to the Civil
Service Board for consideration, prior to the expiration date approved by the
Clerk or a designated representative.
Approved by:
Pat Frank
Clerk of the Circuit Court
Date: June 2012
ER Policies and Procedures Manual
Page 1 of 1
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.43
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: FLOATING HOLIDAYS
EFFECTIVE: June 2012
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
Please refer to Civil Service Rule 9.2.d.
PURPOSE:
Established to provide employees with paid time off for those occasions when a
day off is desired and the employee does not wish to use vacation time.
POLICY:
Permanent employees on the payroll on January 1 shall be granted two (2) floating
holidays per calendar year. Permanent employees who were not on the payroll on
January 1, but were on the payroll on July 1, shall be granted one (1) floating
holiday for that calendar year.
PROCEDURE:
1. Employees may elect to observe a floating holiday, in lieu of any holiday or Day
of remembrance not currently recognized on the Countys holiday schedule or on
any other day during the calendar year with the prior approval of the appointing
authority.
2. Floating holiday(s) shall be taken in eight (8) hour increments, or a
proportionate number of hours for permanent part-time employees.
3. Floating holiday(s) should be requested in advance like annual leave. Floating
holiday(s) may not be carried forward into the next calendar year.
4. Floating holiday(s) shall be reflected on the payroll in accordance with the
procedures specified by the Payroll Department.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: June 2012
ER Policies and Procedures Manual
Page 1 of 1
Floating Holidays
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.45
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: DOMESTIC VIOLENCE LEAVE
EFFECTIVE: November 2013
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
PURPOSE:
Established to provide leave when a domestic violence incident occurs involving an
employee, employees family or household member.
POLICY:
Domestic Violence Leave may be granted for up to twenty four (24) hours of leave
from work in any 12-month period if the employee or household member of an
employee is the victim of domestic violence. Domestic Violence means any assault,
aggravated assault, battery, aggravated battery, sexual assault, sexual battery,
stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal
offense resulting in physical injury or death of one family or household member by
another family or household member. All permanent employees with 3 or more
months of employment are entitled to Domestic Violence Leave, regardless of
probationary status.
PROCEDURE:
1. Except in cases of imminent danger to the health or safety of the employee, or
to the health or safety of a family or household member, an employee seeking
leave from work must provide appropriate advance notice of the leave along with
sufficient documentation of the act of domestic violence.
2. Family or household member is defined as the employee's spouse, former
spouse, persons related by blood or marriage, persons who are presently residing
together as if a family or who have resided together in the past as if a family, and
persons who are parents of a child in common regardless of whether they have
been married. With the exception of persons who have a child in common, the
family or household members must be currently residing or have in the past
ER Policies and Procedures Manual
Page 1 of 2
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: November 2013
ER-3.10
Policies and Procedures Manual
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits as
delegated by the Clerk of the Circuit Court.
PURPOSE:
Established to provide procedures for the payment of wages during an impending or
declared disaster and the recovery period following that disaster. The Robert T.
Stafford Disaster and Emergency Relief Act (PL 93-288), as amended, provides
avenues for reimbursement by the federal government of overtime wages paid by
local, state, and tribal governments in support of a declared disaster. The purpose
of this policy is to implement uniform policies and procedures for the payment and
accounting of wages during an impending or declared disaster and/or disaster
recovery period in order to ensure fair and equitable compensation for Clerk of
Circuit Court employees and to facilitate possible reimbursement of overtime
expenses.
POLICY:
Employees directed to work in support of a declared emergency shall receive their
regular rate of pay as well as overtime, when applicable. Employees volunteering to
work at alternative assignments in support of a declared emergency shall receive
their regular rate of pay as well as overtime, when applicable, for voluntarily
working at alternate assignments. During a state of emergency declared by the
federal government, the Governor of the state of Florida, or the Board of County
Commissioners of Hillsborough County, or during a period of Mutual Aid (county-tocounty aid within the state); Emergency Management Assistance Compact (official,
federally recognized organization for state-to-state mutual aid); or similar
assignment outside Hillsborough County, where work is being performed in an area
where a declared state of emergency exists:
1.
Non-exempt (hourly) employees shall receive their regular rate of pay, plus
overtime (time and one-half) for all hours worked in excess of 40 hours per
week, when directed to work in support of a declared emergency.
2.
Exempt (salaried) employees who perform work during the workweek shall
receive their normal compensation. Exempt (salaried) employees who work in
excess of 40 hours per week, on tasks directly related to the declared
emergency, shall receive their normal salary, plus their normal hourly wage
(straight-time) for those hours worked in excess of 40 hours per week.
3.
Departments shall record all hours worked that are directly related to the
declared state of emergency. A report will be required for any subsequent
reimbursement purposes.
4.
6.
The Clerk of the Circuit Court and the Chief Deputies will not receive overtime
pay.
PROCEDURE:
1.
All department directors and associate directors will ensure that all hours
are verified and accurate time and attendance records are maintained.
Since departments are responsible for all wages paid to Clerk employees
during a Disaster/Disaster Recovery Period, departments should carefully
review hours submitted, including those alternate work assignments.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: November 2013
ER-3.11
Policies and Procedures Manual
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits as
delegated by the Clerk of the Circuit Court.
PURPOSE:
Established to provide procedures for defining employee work responsibilities
during an impending or declared disaster and the recovery period following a
disaster. Please refer to Civil Service Rule 5.1d.
POLICY:
The needs of Hillsborough County citizens must continue to be addressed during an
impending or declared Disaster and Disaster Recovery period.
PROCEDURE:
1. Employee Duty A. Alternate Work Assignments During time of Pre-disaster and Disaster
Recovery, employees may be temporarily assigned to duties other than
the essential functions of their position and may be assigned to work at
different job sites.
B. Service Priority Because the need to provide emergency services may
supersede other County operations, timeframes for processing any
personnel actions, may be suspended until a Disaster/Disaster Recovery
period has ended.
C. Monitor Radio/TV Stations When a State of Local Emergency has been
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER 4.7
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: DISCIPLINE ADMINISTRATION
EFFECTIVE: November 2013
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits
as delegated by the Clerk of the Circuit Court.
PURPOSE:
To provide guidance regarding equitable and consistent counseling and discipline
administration for employees of the office of the Clerk of the Circuit Court.
POLICY:
1. Employees of the Office of the Clerk of the Circuit Court are expected to
adhere to all laws, rules, policies, and procedures governing the Office of
the Clerk of the Circuit Court. Moreover, employees are expected to meet
or exceed all performance and conduct expectations and to conduct
themselves in a manner that is consistent with the best interest of
Hillsborough County.
2. It is the policy of the Office of the Clerk of the Circuit Court to hold
employees accountable for violations of laws, rules, policies, and procedures
governing the Office, including but not limited to substandard job
performance, misconduct, and failure to conduct oneself in a manner
consistent with the best interest of Hillsborough County. Employees who
engage in such actions shall be subject to discipline, up to and including
termination of employment.
3. Effective counseling and discipline administration are critical to the mission
of the Clerk of the Circuit Court. They ensure employee accountability,
provide an opportunity, where appropriate, to correct substandard
performance and misconduct, and create an accurate and complete personnel
record of performance and conduct issues. It is also the policy of the Clerk
or verify the employees refusal to sign, annotate the form, Employee refused
to sign, and then sign and date the form. The supervisor shall further
document any further failure on the part of the employee to correct his or
her conduct or performance or to meet conduct and performance standards.
E. Terminated Employees
Employees who have been terminated for cause from the office of the Clerk of
The Circuit Court shall not be considered for re-employment with the office of
the Clerk of the Circuit Court. Moreover, an employee whose employment is
terminated by reason of their admitted commission, aid or abetment of a
specified offense (identified in Florida Statutes, Section 112.3173) of an
embezzlement of theft from the Clerk of the Circuit Courts Office, bribery, or
other felonies specified in Florida Statutes 838, except ss. 838.15 and 838.16,
or having been convicted of these offenses prior to retirement shall be
reported to the Florida Retirement System by the Employee Relations Director.
The department director and Employee Relations shall consult with the Clerk of
Circuit Courts legal counsel prior to accepting or rejecting an employees
resignation in lieu of termination. The Clerk of Circuit Court reserves the right
to accept or reject the resignation of an employee in lieu of termination of
employment, with or without forfeiture of the employees leave accruals.
F. Immediate Removal from the Workplace
It may be necessary to immediately remove an employee from the workplace
prior to determining whether discipline is necessary or the appropriate level of
discipline is warranted. Situations warranting such removal may include, but are
not limited to, (a) when the employees presence is disruptive to the workplace,
(b) when there is reason to believe that the employee poses a threat to the
employee, workplace, or the public, (c) when additional fact-finding is needed to
make a determination, or (d) when removal of the employee from the workplace
is otherwise in the best interest of the Clerk of the Circuit Courts Office. In
such instances, the employee may be placed on administrative leave with pay in
accordance with Civil Service Rule 10.14, or immediately suspended with or
without pay, in accordance with Civil Service Rule 11.3, without the benefit of
prior written notice. Administrative leave and suspension with pay are not
considered to be disciplinary actions by the office of the Clerk of the Circuit
Court.
Any employee who is immediately suspended with or without pay under Civil
Service Rule 11.3 shall be provided written notice within three working days or
five calendar days, whichever is sooner, of the intended action stating the
reason(s) thereof and the effective date(s), as well as the employees
opportunity to respond at a Pre-disciplinary Hearing to be scheduled at a later
date.
_________________________________________________________
CLERK OF THE CIRCUIT COURT
ER 4.14
Department of Employee Relations
Policies and Procedures Manual
_________________________________________________________
SUBJECT:
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and
benefits as delegated by the Clerk of the Circuit Court. Please refer to the
Civil Service Act of 1996.
PURPOSE:
1. To set forth an equal employment opportunity policy for employees of and
applicants for employment with the Hillsborough County Clerk of the Circuit
Courts Office.
2. To inform employees and applicants of the process for filing complaints
of unlawful employment discrimination.
DEFINITIONS:
For the purposes of this policy only, the following terms and definitions are
applicable:
Protected Status and/or Protected Group
Any group protected by federal and state anti-discrimination laws. The antidiscrimination laws protect individuals from unlawful discrimination because
of race, gender, religion, color, national origin, disability, marital status, or
age. The Clerks office has included protection for unlawful discrimination
because of sexual orientation, gender identity or expression, and political
affiliation. (ER-6.6 PROTECTED STATUS HARASSMENT).
Complaint
A complaint of discrimination made under this policy.
Discrimination
All forms of unlawful employment discriminatory practices, including,
disparate treatment, harassment, adverse impact, perpetuation of past
discrimination, failure to accommodate when required by law, unlawful
retaliation or any other action that violates one or more of the following
federal and state laws:
A. Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits
employment discrimination based on race, color, religion, sex, or national
origin.
B. Equal Pay Act of 1963 (EPA), which protects men and women who perform
substantially equal work in the same establishment from sex-based wage
discrimination.
C. Age Discrimination in Employment Act of 1967 (ADEA), which protects
individuals who are 40 years of age or older.
D. Title I of the Americans with Disabilities Act of 1990 (ADA) as amended,
which prohibits employment discrimination against qualified individuals with
disabilities in the private sector, and in state and local governments.
E. Florida Human Rights Act of 1977, which prohibits discrimination in
employment on the basis of race, color, religion, sex, national origin, age,
handicap or marital status.
Employees may be disciplined for harassing conduct that does not rise to the
level of the legal definition of unlawful discrimination, but is nonetheless
offensive and inappropriate in the workplace.
Employee
A person who is employed in a regular, full-time, part-time, reduced hours or
temporary position with the Clerk of the Circuit Courts office and shall
include for the purposes of this policy an applicant for a regular, full-time,
part-time, reduced hours or a temporary position.
Investigator
An individual employed with the office of the Clerk of the Circuit Court who
is charged with investigating a complaint or allegation filed under this policy.
An investigator may also be an individual who is not employed with the office
of the Clerk of the Circuit Court, but who has been contracted to conduct an
investigation by that office.
POLICY:
1. The goal of the Clerk of the Circuit Court is to recruit, hire, and
maintain a diverse workforce. Equal employment opportunity is not only good
business it is the law and applies to all areas of employment, including but
not limited to recruitment, selection, hiring, retention, training, transfer,
demotion, promotion, termination, separation, discipline, compensation, and
benefits. No employee shall, on the basis of a protected status, be
discriminated against. All employees shall have equal opportunity in all
aspects of employment for those departments falling under the jurisdiction
of the Clerk of the Circuit Court.
2. As an equal employment opportunity employer, the Clerk of the
Circuit Courts office is fully committed to equal employment opportunity
without regard to race, gender, gender identity or expression, political
affiliation, religion, color, national origin, disability, marital status, sexual
orientation, or age, or on any other protected status basis that would be in
violation of applicable federal or state anti-discrimination law that does not
prohibit performance of essential job functions. It is our policy to provide
equal opportunity employment for all persons in our work force and those
being recruited for our work force, and it is our intent to prohibit
discrimination in all aspects of our personnel policies. Furthermore, the
Clerk of the Circuit Court will make reasonable accommodations for qualified
individuals with disabilities as appropriate under applicable federal, state,
and local law.
ER Policies and Procedures Manual
Page 3 of 4
Approved by:
Pat Frank
Clerk of the Circuit Court
Date: November 2013
ER Policies and Procedures Manual
Page 4 of 4
4
______________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-4.15
Department of Employee Relations
Policies and Procedures Manual
______________________________________________________________
SUBJECT: REDUCTION IN FORCE (RIF)
EFFECTIVE: September, 2010
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
Please refer to Civil Service Rule: 11.7.
PURPOSE:
Established to provide a process for reduction in force.
POLICY:
This policy is designated to provide a standard Reduction in Force (RIF) procedure
to follow whenever it becomes necessary to reduce the number of classified
employees working for the Clerk of the Circuit Court (Clerk) due to
reorganization, budgetary constraints or changes in program scope.
PROCEDURE:
1) The Clerk of the Circuit Court will identify the area of the layoff (RIF). This
area may be one or more departments, or units within a department, as determined
by the Clerk of the Circuit Court.
2) The number of positions to be reduced within each affected classification shall
be identified by the Clerk of the Circuit Court. An analysis of the overall RIF will
help determine the affected area and the positions that are critical to performing
those essential functions, including the critical skills, knowledge and abilities
necessary will be taken into consideration in determining affected positions.
3) Before any tenured employee in the classification to be reduced is laid off, all
employees serving their initial probationary period in the affected classification
and all temporary employees performing like work shall be dismissed. Employees
promoted and serving on conditional probation in the classification to be reduced
shall be returned to their former classification as provided for in C.S. Rule 7.3g(8)
and be included in that classifications competition for retention. If a position
identified for elimination is in a subclass, all employees in the subclass with
identical subclass job titles and job descriptions will be ranked on a retention
roster along with all employees in the generic class.
4) A list of positions to be affected by the RIF will be established and certified
by the Clerk of the Circuit Court before any attempt is undertaken to identify who
will actually be laid off by classification retention analysis set forth below.
5) Employee Relations will notify all affected employees in writing (those whose
positions have been certified as affected by the RIF and all those in the same
classification of the positions affected by the RIF of the proposed reduction in
force (RIF).
6) After the list of positions affected by the RIF has been certified by the Clerk
of the Circuit Court, all employees within the affected classification(s) to be
reduced will be evaluated based on tenure and Veterans Preference (as defined
below consistent with C.S. Rule 7.1c). Each individual will have a score to determine
their retention standing.
7) The retention points shall be calculated as follows:
a) Tenure: 1 point for each calendar month of continuous service with the Clerk of
the Circuit. Continuous service refers to employment with the office of the Clerk
of the Circuit Court .
b) Veterans Preference: Employees eligible for veterans preference shall have 5
points added to their retention points; Disabled veterans shall have a total of 10
points added to their retention points.
c) Discipline: Retention points shall be deducted in the following manner for
disciplinary actions during the seven years immediately preceding the date of
notification of RIF:
Affected employees will be notified in writing at least two (2) weeks in advance of
the Reduction in Force in accordance with Civil Service Rule 11.7(e). The
notification will state the reason for the layoff and the effective date. A copy of
the letter will be forwarded to the Civil Service Office for appropriate action and
inclusion in the employees permanent record.
10) Upon receiving the notice of layoff, an affected employee will have the right
to request in lieu of being laid off, a voluntary demotion or reassignment within the
office of the Clerk of the Circuit Court, as determined by the Clerk of the Circuit
Court, to a funded vacant position in the classification previously held by the
employee provided that employee had successfully completed their period of initial
or conditional probation in that classification. The request shall be made in writing
and shall be made within five (5) working days of receiving the notice of layoff by
the Employee Relations department. Such requests for demotions or
reassignments will be granted by placing the affected employees in funded vacant
positions. Salary for a demotion will be determined by applicable Civil Service
Rule.
JOB PLACEMENT ASSISTANCE
The Civil Service Office, in accordance with C.S. Rule 11.7(f) (g), shall assist the
laid off employee(s) seeking other employment by placing them on appropriate
recruitment lists based on their qualifications. It is the laid off employees
responsibility to maintain their name on eligibility lists in accordance with Civil
Service requirements.
PROCEDURE RE-EMPLOYMENT
Any tenured employee who is reemployed within twelve months in a classified
position after having been laid off from any such position in the Civil Service
system shall have their tenure restored, if applicable.
Employees that are laid off due to a reduction-in-force may apply for Closed
Promotion Recruitments within one year of lay off.
Upon reemployment, the employee shall be allowed to include all service which was
creditable on the date of the layoff when computing the employees length of
ER Policies and Procedures Manual
Page 4 of 5
service providing the employee is reemployed within twelve (12) months of the
effective date of the layoff. Their performance review date is adjusted by adding
the length of the layoff to the performance review date held at the time the
layoff became effective. Employees reemployed in the same classification shall
receive the same rate of pay held at the time of the layoff, or the minimum of the
pay range, whichever is higher. Employees reemployed within twelve (12) months of
the date of layoff in a higher or lower classification shall have their salary
determined by Civil Service Rule 11.7(l) or (m). Reemployed employees shall also be
allowed to re-enroll in benefits previously held. No benefits accrue during the
period of layoff.
PROCEDURE REVIEW
If an employee believes that the Reduction in Force procedures have not been
applied correctly in his/her case or has any other legitimate reason for appeal
other than calculation of retention points (that will be handled by the procedures
as defined in #8(c) above), the employee may request in writing, within five (5)
calendar days of the notice of pending layoff, a review of the determination by the
Reduction in Force Committee.
This request must include the specific reasons for the requested review. The
request will be reviewed by the Reduction in Force Committee. The committee will
submit their findings to the Clerk of the Circuit Court for review and decision.
The determination of the Clerk of the Circuit Court shall be final.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: September, 2010
____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-4.16
Department of Employee Relations Policies and Procedures Manual
_____________________________________________________________
SUBJECT: BACKGROUND CHECKS
EFFECTIVE: August, 2012
REVIEW DATE: Five (5)
Years
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
PURPOSE:
Established to provide policy regarding the conducting of background checks to
promote a safe work environment and to protect the public served by the office of
the Clerk of the Circuit Court. This policy applies to all classified and unclassified
service employees, applicants and volunteer candidates. Background checks will
assist the office in making prudent employment and promotional decisions.
Background checks may be updated periodically, to assist in maintaining a high
quality workforce.
POLICY:
It is the policy of the Clerk of the Circuit Court that all classified and unclassified
service candidates for employment, as well as volunteer candidates, temporary
employee candidates, and consultants have a background check completed as a
condition of employment or with respect to volunteers, as a condition of
acceptance or continued status as a volunteer.
The Employee Relations Department will conduct background checks for all
departments in the Clerk of the Circuit Courts office.
Current employees or volunteers being considered for a transfer or promotion will
be required to undergo a background check. Employees who are placed in the
position of Deputy Clerk will undergo a background check at the time of
deputization.
PROCEDURE:
Employee Relations is responsible for conducting background checks on all
candidates for employment, including rehired employees. Employees who are being
considered for promotion or transfer will also be required to have a background
check completed prior to moving to the new position.
All candidates will be required to complete the form Authorization to Release
Information during the interview phase of the recruitment process. The
department/Employee Relations (depending upon which area conducts the interview
process) will be responsible for having candidates complete this form prior to a
background check being requested and completed.
Criminal Convictions
a.
___________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-4.17
Department of Employee Relations Policies and Procedures Manual
_____________________________________________________________
SUBJECT:
EMPLOYMENT OF RELATIVES
PURPOSE:
To provide a standard policy to regulate employment decisions regarding hiring two
or more individuals from the same immediate family.
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
Please refer to Florida Statute: Restriction on employment of relatives,
FS112.3135 and Civil Service Rule 7.1(b)
POLICY:
Employment of family members can cause various problems, including charges
of nepotism, favoritism, conflicts of interest, family discord, and scheduling
conflicts that work to the disadvantage of both the Clerks office and its
employees. This policy will apply prospectively.
1. This policy applies to all employment decisions including, but not limited
to, those concerning new hires, promotions, demotions, transfers, and
changes in categories of employment (such as moving from temporary to
permanent service) and may be considered and used as a basis to grant
or deny any personnel action.
2. The Clerks office may refuse to employ, appoint, promote or transfer any
person to a position in the same department, division and/or facility, when
his/her relationship to another employee has the potential for creating an
adverse impact on supervision, safety, security or morale, or involves a
potential conflict of interest.
A. All prospective candidates that indicate that they do not have any family
members working for the Clerks Office and are subsequently offered
employment, will be required to complete and submit an Employment of
Relatives Disclosure Statement during employment processing, validating
whether they have family members working for the Clerk of the Circuit Court.
It shall be the responsibility of Department Directors to ensure the completion
and submittal of this required documentation. (ATTACHMENT).
B. In the event that a prospective candidate has a family member
currently employed with the Clerk of the Circuit Courts Office, the candidate
must complete an Employment of Relatives Disclosure Statement at the time of
an offer of employment.
1)
2)
3)
Approved by:
Pat Frank, Clerk of the Circuit Court
Date: 4/1/13
Department
Relationship
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-5.5
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: ATTENDANCE
EFFECTIVE: October 2009
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits
as delegated by the Clerk of the Circuit Court. Please refer to Civil Service Rule
11.2(21) and Civil Service Rater Handbook, Rating Attendance.
PURPOSE:
Established to provide guidance to employees regarding attendance and
management responsible for rating attendance.
POLICY:
Employees are expected to be at their assigned workplace, ready to work at their
regularly scheduled start time, ready to work a complete workday.
Attendance is considered in the evaluation of employee job performance for two
major reasons:
1) doing the assigned work during the assigned times is a basic and
important duty for every employee
2) absences from work impact the effectiveness of the work unit.
Poor attendance has a negative effect on not just the unattended positions, but
also on all related positions. Poor attendance causes employee morale problems
when other employees must perform the work of an absentee and ultimately can
reduce service to taxpayers. Failure to maintain a satisfactory attendance record
is cause for disciplinary action pursuant to Civil Service Rule 11.2.
Attendance standards must be defined by each department and followed by all
management within that department. The standards must be communicated to
employees during their performance planning meeting and/or if changes to the
standards are made.
Attendance
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-5.7
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: DRESS AND APPEARANCE
EFFECTIVE: November 2013
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits
as delegated by the Clerk of the Circuit Court.
PURPOSE:
Established to provide guidelines for employee appearance and dress.
POLICY:
As an employee of the Hillsborough County Clerk of Circuit Courts office, you have
accepted the responsibility to conduct yourself in a courteous, conscientious and
considerate manner at all times. It is in the best interest of the Clerks office to
present a positive and professional image to its customers, visitors and the general
public. Your smile and personal presentation contribute to your positive
appearance.
All personnel should maintain a professional, businesslike appearance and demeanor.
Staff is expected to appear neat, clean and well groomed.
Listed below are examples of inappropriate forms of dress for the office. Please
note this list cites examples and is not all-inclusive. Judgment must be exercised
in determining appropriateness of items worn:
T-shirts with logos, tank tops, jogging suits, sweatshirts;
Torn pants, denim or jeans (dress denim is acceptable on casual Fridays);
Tight fitting garments, stirrup or form-fitted pants;
Employees and volunteers who wear apparel with insignia, logos or language
indicating affiliation with the office, shall not use or allow to be used their apparel
for purpose of gaining personal benefit, favors or gratification for themselves or
for others. Any such action would be a violation of Clerks policy and could result in
disciplinary action up to and including dismissal.
Employees who are in doubt or have questions regarding specific personal
hygiene/grooming or appearance standards should consult with management.
Remember that the impression you create and the image you project to the public
is a direct reflection upon the office of the Clerk of the Circuit Court.
Approved by:
Pat Frank
Clerk of the Circuit Court
Date: November 2013
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-5.11
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: BULLETIN BOARDS
EFFECTIVE: June 2012
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits
as delegated by the Clerk of the Circuit Court.
PURPOSE:
Established to determine the purpose and use of bulletin boards throughout the
Clerks office.
POLICY:
Bulletin boards are strategically located throughout the Clerk of the Circuit Court
offices as a means of keeping employees informed on matters of an official and
informational nature directly related to their employment with the Clerk of the
Circuit Court.
PROCEDURE:
1. In each operational area, there shall be two bulletin boards. One shall be
designated as the Official Bulletin Board.
2. All official material required to be posted by federal, state, county and local
law, statute, rule, policy or directive shall be displayed on the Official Bulletin
Board. Only the designated representative in each department will post any
material on this board.
3. An unofficial bulletin board in each operational area may display notices of a
personal nature such as the sale, rental or acquiring of property, material,
equipment or car-pooling. The Clerk extends this privilege to employees and
reserves the right to withdraw this privilege.
Bulletin Boards
Bulletin Boards
_____________________________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-5.18
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: ID BADGES
EFFECTIVE: November 2013
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits
PURPOSE:
Enhance customer service, provide a consistent standard and requirement for
display of ID badges, and provide for a safe work place for employees and the
public.
POLICY:
It is the goal of the office of the Clerk of Circuit Court that employees and the
public are provided with the safest possible environment and that the public
receive the highest quality public service while conducting business. To that end,
all persons working or conducting business in offices of the Clerk of the Circuit
Court will adhere to the following procedures:
PROCEDURE:
All employees, volunteers and outside contractors will be provided with an ID
Badge. Employees will wear the ID Badge (with photo in plain view) at all times
during working hours.
Employees who transfer or are promoted to a different department or employees
who have a name change will be required to obtain a new ID Badge. All previously
issued ID Badges must be returned to the Employee Relations Department.
Any volunteer or contractor working on site for the Clerk of the Circuit Court is
required to obtain a visitor ID Badge.
Upon separation from the office of the Clerk of the Circuit Court as an employee,
volunteer or contractor, all ID Badges must be returned to the Employee Relations
department.
ID Badges are personal and specific to the employee, volunteer or contractor. The
badge may only be worn by the person for whom it was issued. It is a violation of
this policy for anyone with a Clerk of Circuit Court ID Badge to use someone elses
badge. Such violations may result in disciplinary action up to and including dismissal
or may subject a volunteer to denial or revocation of volunteer status.
Lost, damaged, or stolen ID Badges must be reported immediately to the Employee
Relations department.
A Clerk of Circuit Court ID Badge shall not be used for any type of personal gain or
preferential treatment. Any such action would be a violation of the Code of Ethics
ER-1.4.
Approved by:
Pat Frank
Clerk of the Circuit Court
Date: November 2013
ER Policies and Procedures Manual
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_________________________________________________________
CLERK OF CIRCUIT COURT
ER 5.19
Department of Employee Relations
Policies and Procedures Manual
_________________________________________________________
SUBJECT: HANDLING AND REPORTING FRAUD
EFFECTIVE: November 2008
AUTHORITY:
Employee Relations is responsible for developing, implementing, and updating
policies and procedures supporting employment standards, programs and
benefits.
PURPOSE:
Established to provide procedures to ensure that systems and controls are
in place to provide reasonable assurance of the detection and prevention of
fraud.
POLICY:
The term fraud refers to, but is not limited to: dishonest or fraudulent acts,
including forgery or alteration of any document; misappropriation of funds,
supplies, etc.; improper handling or reporting of money or financial
transactions; deriving personal benefit as a result of inside knowledge;
forgery or alteration of a check, bank draft or any other financial
documents; embezzlement, larceny or any other misapplication of Clerk
funds; intentional destruction of, or unauthorized use of, or disappearance
of records, furniture, fixtures, or equipment; accepting or seeking anything
of material value from vendors or persons providing services or materials to
the Clerk of the Circuit Courts office for personal benefit or other
irregularities.
PROCEDURE:
1. Management is expected to set the appropriate tone by displaying the
proper attitude toward complying with laws, rules, regulations and policies.
2. Management is responsible for establishing and maintaining proper
internal controls to provide for the security and accountability of the
resources entrusted to them.
3. Management should be cognizant of the risks and exposures inherent in
their areas of responsibility, and be alert for the symptoms of fraudulent or
other dishonest acts.
4. The Clerks office will investigate allegations and complaints of unethical
or fraudulent conduct. All employees shall cooperate during an investigation.
Approved by:
Pat Frank
Clerk of the Circuit Court
Date: October, 2008
ER Policies and Procedures Manual
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AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits.
Please refer to Civil Service Rule 10.3c, 10.4c and 10.5c.
PURPOSE:
Established to provide procedures for employees who believe they will be tardy to
their work assignment.
POLICY:
Employees are expected to be at their assigned workplace, ready to work at their
regularly scheduled start time. Any employee who believes that they will be tardy,
must contact their immediate supervisor or a member of their management team
pursuant to the directives of their department to notify them of their anticipated
arrival time and the circumstances for which they are tardy.
PROCEDURE:
1. Employees are expected to report to work at the time specified by their
management.
2. When an employee has reason to believe that they will be late, they must
contact their immediate supervisor to report their expected arrival time and
reason for tardiness.
Approved By:
Harry Cohen
Senior Deputy Clerk
Date: October 2009
_________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-5.22
Department of Employee Relations Policies and Procedures Manual
_________________________________________________________
SUBJECT: EMPLOYEE DISCLOSURE / CONFLICT OF INTEREST
EFFECTIVE: December 1, 2009
Review Date: Five (5) Years
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating
policies and procedures supporting employment standards, programs and benefits
as delegated by the Clerk of the Circuit Court. Florida Statutes, Chapter 112, Part
III. Clerk of Circuit Court Policy, ER-1.4, Code of Ethics.
PURPOSE:
Established to provide a tool for employees to disclose outside business
interests, in order to determine if it is in conflict with their job duties and within
the best interest of the office of the Clerk of the Circuit Court.
POLICY:
Clerk policy prohibits employees from having any direct or indirect interest,
financial or otherwise, or to engage in any business transaction or professional
activity, or incur any obligation of any nature that is in substantial conflict with the
proper discharge of their public duties.
PROCEDURE:
1. Employees are responsible for disclosing any conflict of interest as
described above to the Director of Employee Relations immediately.
The requirements of this policy are in keeping with Florida Statutes which
specifies that ... no officer or employee of a State agency or of a County, City
or other Political subdivision of the Stateshall have any interest, financial or
Approved by:
Harry Cohen
Senior Deputy Clerk
Date: December, 2009
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-6.5
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: WORKPLACE VIOLENCE AND PROHIBITED RETALIATION
EFFECTIVE: April 2007
AUTHORITY:
Employee Relations is responsible for developing, implementing and updating policies
and procedures supporting employment standards, programs and benefits as delegated
by the Clerk of the Circuit Court. Please refer to Civil Service Rule 11.2(11)
PURPOSE:
To provide a workplace violence and prohibited retaliation policy for Clerk employees
which defines workplace violence and prohibited retaliation, establishes a complaint
procedure and outlines remedial actions. The Clerk is committed to establishing a
workplace which is free from any form of violence, threat of violence, intimidation and
harassment of any form. No employee will engage in any act of violence, nor will any
employee threaten such an act, or conduct himself or herself in such a way to cause
another person to have a reasonable fear that violence will occur. Employees will be
required to report any act of which they are aware which violates these directives,
regardless of whether or not the reporting employee is the subject of the conduct.
POLICY:
The Clerk will not permit, tolerate or condone any acts of violence in the workplace
against employees or visitors. An employee who engages in workplace violence of any
form will be subjected to appropriate disciplinary action including and up to dismissal
from employment. If appropriate, a report to law enforcement will be made and
criminal prosecution may occur.
All employees are responsible for maintaining a safe and secure work environment by
reporting threats or acts of violence in the workplace, and by fully cooperating in the
investigation of threats or acts of violence. Because harassment may lead to
actual or threatened violence, it is expressly prohibited.
Harassment includes, but is not limited to, offensive behavior taken against another
person, regardless of whether or not that person is an employee of the Clerks office,
which is based on the victims race, color, national origin, sex, age, disability, marital
status, sexual orientation or any other legally protected characteristic. Harassment
also includes any offensive or rude behavior which is intended to, or results in,
intimidation of another person or interferes with the victims ability to perform his or
her duties. It is the intention of the Clerk that all employees will treat each other,
vendors and contractors and members of the public with courtesy, consideration,
politeness and with appropriate regard for the feelings of others. Under no
circumstances will an employee make comments or dissimenate written, audio or video
material which mocks, derides, or contains adverse commentary based on any
protected characteristic or which is offensive, demeaning or embarrassing.
DEFINITIONS:
1. Workplace violence is any physical or non-physical act that results in threatened or
actual harm to a person or threatened or actual damage to property. It includes any
threatening words or actions (whether verbal or nonverbal) which create, in the mind
of any reasonable person, the belief of receiving immediate or future harm to any
person or property.
2. Examples that may be considered as workplace violence include, but are not limited,
to the following occurring in the work setting:
A. Verbal or physical threats of violence, whether or not any intention exists to
carry out the threat.
B. The possession of a weapon (whether real or fake), as defined in Florida
Statutes, on County property.
C. The display or use of any weapon, tool or other implement when such display
or use would intimidate a reasonable person.
D. Any visual or physical actions or gestures that would have an intimidating
effect on a reasonable person.
E. Any verbally abusive language, with or without the use of profanity, that
would have an intimidating or harassing effect on a reasonable person.
F. Any physical assault and/or battery.
G. Obscene and/or harassing phone calls.
H. Stalking.
I. Bomb threats.
Once the immediate threat has been addressed and the work environment has
been secured, the Employee Relations Department will initiate an investigation
of the incident.
C. Threat Made, But No Immediate Danger Apparent - Employees should
immediately report the incident to their supervisor, or next in line
supervisor if that is not appropriate. Employees shall document the
circumstances associated with the event and complete the Workplace
Violence Incident Report (SEE ATTACHMENT 1).
Supervisors shall include a report of information from all involved employees
and witnesses. The Workplace Violence Incident Report shall be forwarded
to the Employee Relations Department. Supervisors shall develop a plan of
action in collaboration with the Employee Relations Department. The plan
should include appropriate corrective and/or disciplinary action based upon
assessment of the individuals actions and the incident.
2. Investigative Responsibilities
The Employee Relations Department will conduct investigations and make inquiries into
incidents of reported workplace violence. All reported incidents will receive immediate
attention to ensure that appropriate safety measures are implemented to remedy or
address the immediate threat and/or danger.
A. Investigations shall be conducted expeditiously to the extent that is
practical, given the circumstances associated with the incident.
B. Investigative findings, conclusions and recommendations will be forwarded to
the director of the department in which the incident occurred.
C. All employees are required to fully cooperate with investigative activities,
including but not limited to, providing a statement as a witness and
participating as a witness in the disciplinary process.
3. Enforcement of Policy Violations
Employees who commit threatening or violent acts may be removed from the
workplace, and may be subject to disciplinary action up to and including termination,
criminal prosecution, or both.
4. Retaliation
Retaliation against employees for reporting acts of violence, as defined by this policy
or assisting the organization in the investigation of a complaint, will not be tolerated.
Retaliation is any adverse personnel action taken based upon the employee reporting,
or being a witness to, acts of violence. Employees must report retaliatory actions in
writing directly to the Employee Relations Department as soon as possible after the
incident occurs. Acts of retaliation will be investigated and enforced as referenced in
#2 and 3.
_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-6.6
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: PROTECTED STATUS HARASSMENT
(INCLUDES SEXUAL HARASSMENT)
AUTHORITY:
Title VII of the Civil Rights Act of 1964, as amended, and the Florida Civil Rights
Act of 1992. The Equal Employment Opportunity Commission enforces the statute
that prohibits discrimination and harassment in employment. Please refer to Civil
Service Rule 11.2(7) and Title VII of the Civil Rights Act of 1964.
PURPOSE:
To provide a policy for Clerk employees prohibiting protected status harassment,
which defines workplace protected status harassment, complaint procedures and
remedial actions.
POLICY:
It is the policy of the Clerk of the Circuit Court to provide a work environment
free of protected status harassment. This organization prohibits harassment of
any Clerk employee because of race, color, national origin, sex, age, disability,
marital status, sexual orientation or any other legally protected characteristic. By
law, to constitute a hostile working environment, the objectionable conduct must
be severe and pervasive. The Clerks office will not be satisfied with simple
compliance with the law. All employees are required to refrain from any and all
conduct which is offensive to a reasonable person. It is the intention of the Clerk
that all employees will treat each other, vendors, contractors and members of the
public with courtesy, consideration, politeness and under no circumstances will an
employee make comments or disseminate written, audio, or video material which
mock, derides or contains adverse commentary based on any protected
characteristic or which is otherwise offensive, demeaning or embarrassing.
This policy prohibits conduct that may amount to protected status harassment
under the law, as well as conduct that may not amount to a statutory violation.
This prohibition includes all forms of protected status harassment, including sexual
harassment, and mandates that all employees at all levels must avoid offensive or
inappropriate sexual and/or sexually harassing behavior at work. Harassing
conduct may result in disciplinary action up to and including dismissal. Any
employee who believes she/he is the victim of harassment as defined by this policy
must report such harassment immediately, but not later than ten days after the
alleged incident(s) of harassment occurred, by utilizing the reporting procedures
outlined below. All supervisory and non-supervisory employees are responsible for
reporting behavior that violates this policy.
PROCEDURE:
1. All forms of harassment, based on the foregoing protected categories are
prohibited, including, but not limited to:
A. Any verbal, visual or physical conduct that has the purpose or effect of
creating an intimidating, hostile or offensive working environment.
B. Any verbal, visual or physical conduct that has the purpose of
substantially interfering with the employee's ability to do his/her job.
C. Any verbal or physical conduct of a sexual nature that may threaten or
insinuate, either explicitly or implicitly, that any employee's submission
to or rejection of sexual advances will in any way influence any decision
regarding that person's employment, evaluation, wages, advancement,
assigned duties, shifts or any other condition of employment or career
development.
D. Any sexually harassing behavior in the workplace, whether verbal, visual
or physical, including but not limited to comments about an individual's
body; the use of sexually degrading words to describe an individual;
offensive comments; off-color language or jokes; innuendoes; sexually
suggestive objects, books, magazines, photographs, cartoons, pictures,
web sites, e-mails, written material, faxes and the display of derogatory
expressions on apparel.
E. Physical harassment such as assault, unwanted touching, blocking
normal movement, or interfering with an employee's ability to do his/her
job.
F. Verbal harassment such as epithets, derogatory comments, slurs, or
unwanted advances or invitations.
2. Reporting Harassment
A. Employees must report incidents they believe amount to protected
status harassment to their supervisor, Department Director, or
Director of Employee Relations as soon as possible after any such
incidents.
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