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_____________________________________________________________

CLERK OF THE CIRCUIT COURT


ER-1.4
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: CODE OF ETHICS
EFFECTIVE: November 2013

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 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.
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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
_____________________________________________________________

SUBJECT: COLLECTION AND HANDLING OF MONIES


EFFECTIVE: March 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:
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:

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Collection and Handling of Monies

A. Example of defects on a check are as follows:


a. Checks not payable to the order of the Clerk
b. Checks that are post dated
c. Checks that are not signed
d. Checks that have amounts that do not agree between the numeric value
and the legal line value.
B. Payments which possess defects must be returned immediately to the person or
agency who attempted to make the payment. Under no circumstances should a
payment be returned to any other person or released to any other agency unless
it has been determined that the payment belongs to another governmental
agency. In the event the payment is not returnable, a copy of the payment may
be sent to the other governmental agency for additional information or
clarification.
3. Check Acceptance
Under no circumstances may a check be cashed or may change be given from a check.
Personal and company checks, cashiers checks, money orders, and travelers checks
are all acceptable modes of payment. Generally, when a check is presented in
person, a valid Florida drivers license or other acceptable picture identification must be
furnished. Identification information must be recorded on the face of the check.
A. Exception: Besides cash, only cashiers checks, certified checks, money
orders, and law firm checks will be accepted for landlord/tenant rent
deposits, cash bonds, tax deed sale proceeds, mortgage foreclosure sale
proceeds, transfer of lien deposits, satisfaction of judgment deposits, and
purge for arrest payments.
4. Acceptance of Coins
It is the policy of this office to follow federal law as it pertains to the use of coins as
legal tender. That law is generally stated as follows:

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Collection and Handling of Monies

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.

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Collection and Handling of Monies

C. Traffic (payments by mail only):


1. An overpayment in an amount less than or equal to five dollars ($5.00)
will be credited to the municipality the ticket applies.
2. An underpayment in an amount less than or equal to five dollars ($5.00)
will be charged to the municipality the ticket applies.
6. Exceptions
Exceptions to this policy may be authorized in writing by a chief deputy. Management is
reminded to act in the best interest of the Clerks Office, and to contact the Cash Audit
section of the CCC Accounting Department to seek advice on how to proceed under
questionable circumstances.

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

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Collection and Handling of Monies

_____________________________________________________________
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

REVIEW DATE: Five (5) Years

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,

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Deferred Retirement Option Plan

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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Deferred Retirement Option Plan

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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Deferred Retirement Option Plan

Questions regarding the re-employment of retirees should be directed to


Employee Relations for unclassified employees.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: June 2012

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Deferred Retirement Option Plan

______________________________________________________________

CLERK OF THE CIRCUIT COURT


Department of Employee Relations

ER-2.15
Policies and Procedures Manual

______________________________________________________________
SUBJECT: LONGEVITY INCENTIVES
EFFECTIVE: November 1, 2011

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.
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

NOTE: Continuous classified service is determined by the employees benefits


date as defined in Civil Service Rule 2.6.
To be eligible for the longevity incentive, the employee must be in an employment
status at the time the longevity incentive is paid and, have actively worked
sometime during that calendar year.
Approved By:
Pat Frank, Clerk of the Circuit Court
Date:
11/2/11

CLERK OF THE CIRCUIT COURT


ER-2.17
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: PERFORMANCE AWARDS
EFFECTIVE: November 2013

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.
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

formal letter of counseling, a formal letter of reprimand, or is involved in a formal


disciplinary situation during the preceding twelve months is not eligible to receive
this award. Additionally, classified service employees must have successfully
completed initial probation.
The personal days must be used in full day increments (the employees regular or
part time daily schedule), and must be used in the twelve-month period following
the award period or be forfeited. The personal days do not accrue from one award
year to the next. Personal days are NOT eligible for pay out upon separation from
employment or retirement.
Personal days must be scheduled off in advance and approved by management in the
same manner as annual leave or floating holidays.
The Clerk of the Circuit court will review this Performance Award annually and may
or may not choose to continue this incentive in future years.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: November 2013

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Performance Awards

PROCEDURE: PERFORMANCE AWARDS ER-2.17


Clerk or Member of Senior Staff identifies employee.
Clerk or Member of Senior Staff completes Performance Award
Recommendation form.
NOTE: Form must include an attachment describing the outstanding job
performance.
Clerk or Member of Senior Staff forwards form to Director of Employee
Relations.
Director of Employee Relations ensures that recommended employee qualifies for
award per policy criteria.
Director of Employee Relations forwards form to Chief Deputy of Administration.
Policies and Procedures Committee discusses approval/disapproval.
Form is forwarded to Director of Employee Relations.
If approved, letter of notification is prepared and forwarded to employee and
Clerk or Member of Senior Staff who initiated recommendation.
Copy of letter is placed in employees personnel file.
Data is entered into spreadsheet for historical documentation.

PERFORMANCE AWARD RECOMMENDATION FORM

Date:____________________________________________
Employee:_________________________________________
Department:_______________________________________

Attached is a brief description of the outstanding job performance


substantiating the recommendation.
Submitted by:______________________________________
Signature
Printed name:_______________________________________

------------------------------------------------------------------------------------------

Approved by Policies and Procedures Committee


Performance Day(s)
Number of Days: ________________________
Performance Award lump sum
Amount: ______________________________

Signature:_______________________________________
Date:______________________________________________

_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.23
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: ANNUAL LEAVE
EFFECTIVE: November 2013

REVIEW DATE: Five (5) Years

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.

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Annual Leave

Approved By:
Pat Frank
Clerk of the Circuit Court
Clerk Date: November 2013

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Annual Leave

_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.25
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: SICK LEAVE
EFFECTIVE: June 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.
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.

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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

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Sick Leave

_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.26
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: EMERGENCY LEAVE
EFFECTIVE: June 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
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

CLERK OF THE CIRCUIT COURT


ER-2.28
Department of Employee Relations
______________________________________________________________
SUBJECT: BEREAVEMENT LEAVE
EFFECTIVE: October 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.
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.

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3. Bereavement Leave is of a special nature and may not be deferred or converted
to any other purpose. Bereavement Leave is not charged against any other leave
account, and is not accumulated in the manner of annual or sick leave. Payment in
lieu of Bereavement Leave is not authorized.
4. Annual leave, if accrued, or leave without pay may be granted in conjunction with
Bereavement Leave .
5. Bereavement Leave must be taken within thirty (30) calendar days following the
death of an immediate family member. Exceptions to this rule must be approved
by the Clerk of the Circuit Court.

Approved By:
Pat Frank
Clerk of the Circuit Court
Date: October 2009
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ATTACHMENT 1

Application for Bereavement Leave


(Clerk of Circuit Court Policy ER-2.28)
Employee Name_______________________________________________
(Print Name)

Requested Dates of Bereavement Leave:_____________________________


Relationship/Name of immediate family member:_______________________
____________________________________________________________
Date of death:_________________________________________________
I read and understood Clerk of the Circuit Court Policy ER-2.28, Bereavement
Leave. I further understand that I am requesting up to three (3) full working days
of paid leave due to the death of an immediate family member pursuant to Civil
Service Rule 10.11. Immediate family members are defined in the Clerks Policy, as
well as in the Civil Service Rule.
My signature attests that my request is legitimate and meets the criteria set
forth in both the Clerks Policy and the Civil Service Rule.
I understand that any misrepresentation of the facts in order to obtain this type
of leave will be grounds for disciplinary action, up to and including dismissal from
the office of the Clerk of the Circuit Court.
Signature:____________________________________________________
Date:________________________________________________________
Approved by:__________________________________________________
(Signature of management)

Date Approved:________________________________________________

Copy: Employee personnel file

_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.30
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: CIVIC LEAVE: COURT APPEARANCES
EFFECTIVE: June 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.
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
ER Policies and Procedures Manual
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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

REVIEW DATE: Five (5) Years

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
ER Policies and Procedures Manual
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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

REVIEW DATE: Five (5) Years

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).

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Military Leave

3. The following principles shall govern Military leaves of absences.


A. Upon completion of active military or naval service, an employee is
encouraged to return to the Clerks office, but it is not required.
B. An employee who leaves employment with Hillsborough County as a
result of enlisting in the Armed Forces, and is discharged/separated
with an honorable discharge, shall be re-employed, provided such
employee exercises their re-employment rights within one (1) year of
the discharge from their original enlistment.
C. All benefits to which the employee was entitled on the date of entry
into active military service, and for which the employee has not been
otherwise compensated, are re-established upon return to
employment.
Military Reserve or Guard Training
1. When blanket travel orders are issued in lieu of individual orders, such orders
must be endorsed to include the above information and shall be signed by an
official representative of the military unit involved.
2. Leave shall be with pay and shall not exceed 240 working hours in any one (1)
annual period (figured on a calendar year).
3. An employee shall not lose their rank, grade or seniority with the Clerk by virtue
of serving in the National Guard of the State of Florida or other reserve
components of the Armed Forces of the United States when duly called for
training.
4. Upon completion of training, an employee shall be returned to the same position
that they held immediately prior to entering training, provided the employee
returns to duty immediately following the training period.
5. Additional leave of absence of a military nature shall be without pay, shall be
granted by the Chief Deputy, and shall be without loss of time (no adjustment of
Performance Review Date or Benefits Date) or efficiency rating.
6. Payment of County wages/salary during such a leave period shall equal, but not
exceed, the amount which normally would have been earned during that period of
time, had the reservist not been ordered to military duty.
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Military Leave

NOTE: A leave planning meeting to discuss continuation of benefits should be


scheduled with Employee Relations prior to the beginning of a Military Leave of
Absence.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: September, 2010

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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

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. 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
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Family and Medical Leave

a)
b)
c)
d)
e)

The birth of a child and in order to care for that child.


The placement of a child for adoption or foster care.
To care for a spouse, child, or parent with a serious health condition.
The serious health condition of the employee.
Any qualifying exigency arising out of the fact that the employees
spouse, son, daughter, parent is a covered military member on covered
active duty.
Or
f) Twenty-six workweeks of leave during a single 12-month period to care
for a covered servicemembers spouse, son, daughter, parent, or next of
kin (military caregiver leave).

A serious health condition is defined as a condition that requires inpatient care at


a hospital, hospice, or residential medical care facility or a condition that requires
continuing care by a licensed health care provider or chronic illness.
3. Method of Calculating Leave
An eligible employee can take up to 12 weeks of leave under this policy during any
12 month period. The Clerk will measure the 12-month period as a rolling 12-month
period measured backward from the date an employee intends to use any FMLA
leave under this policy. Each time an employee takes FMLA leave, the Clerk will
compute the amount of leave the employee has taken under this policy within
twelve (12) months of the intended use date and subtract it from the 12 weeks of
available leave, and the balance (if any) remaining is the amount the employee is
entitled to take at the time as FMLA.
NOTE: If a husband and wife both work for the Clerk of the Circuit Court and
each wishes to take FMLA leave for the birth of a child, adoption or placement of
a child in foster care, the husband and wife may only take a combined total of 12
weeks of FMLA.
4. Types of Leave
A. Intermittent Leave or a Reduced Work Schedule
1) The employee may take FMLA leave in 12 consecutive weeks and when
medically necessary, may use the leave intermittently (take a day
periodically when needed over the year, or under certain circumstances,
may use the leave to reduce the work week or work day, resulting in a
reduced hour schedule). In all cases the leave may not exceed a total of
12 weeks over a 12-month rolling period.

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Family and Medical Leave

2) The Clerks office may, at its discretion, temporarily transfer an


employee to an available alternative position with equivalent pay and
benefits if the alternative position would better accommodate the
intermittent or reduced schedule.
3) An employee may take leave intermittently or on a reduced schedule for
the birth, adoption or foster care of a child only when requested and
approved by the department. Leave for birth, adoption, or foster care
of a child must be taken within one year of the birth or placement of the
child.
4) Leave taken to care for a child, spouse, or parent with a serious health
condition, or in the case of an employees own serious health condition,
can be taken intermittently or on a reduced schedule when medically
necessary. The employee must provide written documentation from the
treating Health Care Provider that the use of the leave is medically
necessary.
B. Paid and Unpaid Leave If the employee has any accrued paid leave, the
employee must, concurrent with FMLA, use paid leave first and take the remainder
of the twelve weeks as unpaid leave.
1) An employee who is taking leave because of the employees own serious
health condition including pregnancy, childbirth and/or recovery from
childbirth must first use all accrued sick leave. The employee must then
use all accrued annual leave, floating holidays and newborn leave and then
will be eligible for unpaid leave for the remainder of the 12 weeks. If
additional leave time is necessary, leave shall be requested and approved
consistent with Civil Service Rules. After an employee has exhausted
leave accruals and has been approved for unpaid medical leave, the Clerk
may pay for the employees portion of the monthly health insurance
premium. Refer to Section 6 Employee Status and Benefits During
Leave.
2) An employee requesting leave for the serious health condition of a family
member as defined by the Family & Medical Leave Act must use all
accrued sick and annual leave in accordance with Civil Service Rules prior
to being eligible for unpaid leave.

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Family and Medical Leave

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.

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Family and Medical Leave

1) FMLA intermittent leaves will be approved no more than 6 months (180


days) intervals.
2) Employee must provide a physical certification at the onset of each
intermittent leave.
G. When an employee plans to take leave under this policy, the employee must give
their department 30 days notice prior to when the leave is to be taken. If it is not
possible to give 30 days notice, the employee must give as much notice as is
practicable. An employee undergoing planned medical treatment is required to
make
a reasonable effort to schedule the treatment to minimize disruptions to the
departments operation.
H. If an employee fails to provide 30 days notice for foreseeable leave with no
reasonable excuse for the delay, the leave request may be denied until at least 30
days from the date that management receives notice.
I. An Employee Relations representative will meet with the employee and the
employees manager and explain the leave, all benefits, and procedures. The
Application for Family or Medical Leave and Certification of Physician or
Practitioner forms must be completed and submitted to the employees
management, who in turn will forward these forms to the Employee Relations
department.
J. Employees who are out on FMLA leave must report to their manager the status
of their medical condition and their intent to return to work.
K. If after an adequate period of time an employee fails or refuses to sufficiently
certify, validate or provide the appropriate documentation in support of their
FMLA request, to assist the Clerk in determining whether an employee is entitled
to FMLA, the Clerk may elect to designate the leave as eligible FMLA leave or
document the employees waiver of their FMLA entitlement, whichever the Clerk
deems appropriate.
L. Failure to provide the appropriate documentation to support a request for leave
may be grounds for denial of leave with pay and may result in disciplinary action, up
to and including termination.

ER Policies and Procedures Manual


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Family and Medical Leave

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

ER Policies and Procedures Manual


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Family and Medical Leave

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
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Family and Medical Leave

details the specific FMLA conditions, rights, and responsibilities.


C. Employee Relations shall maintain all medical records and FMLA documentation
in a separate employee medical file that has restricted access and will be secured.
At no time shall employee medical information be placed in an employees personnel
file. Medical documentation is to be treated as confidential, and Employee
Relations shall restrict access on a need-to-know basis.
D. Management has CATA record-keeping responsibility which will track and
document an employees FMLA at the time it is taken.
E. If an employee fails to provide 30 (thirty) days notice for foreseeable leave
with no reasonable excuse for the delay, management may deny the leave request
until at least 30 (thirty) days from the date management received the notice.
Prior to denying leave requests, management shall contact Employee Relations to
review and approve the denial of the leave request.
F. Management has the right to request that employees schedule planned medical
treatment so as to minimize disruptions to the departments operation.
G. If an employee fails or refuses to sufficiently validate or provide the
appropriate documentation to assist management in determining whether an
employee is entitled to FMLA, management may elect to designate the leave as
eligible or document the employees waiver of the entitlement. Under these
circumstances, Employee Relations shall communicate whether the employees
absence will be designated as FMLA or that their entitlement has been waived.
H. Management has the right to deny paid leave and may initiate disciplinary
action(s) when an employee fails to provide appropriate documentation when
requesting or taking leave.
I. Management shall inform employees how often they must report their status.
J. For key employees, management shall:
1. Notify the employee of his/her status as a "key" employee in response to
the employee's notice of intent to take FMLA leave.
2. Notify the employee as soon as management decides it will deny job
restoration, and explain the reasons for this decision.

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Family and Medical Leave

3. Offer the employee a reasonable opportunity to return to work from


FMLA leave after giving this notice; and make a final determination as to
whether reinstatement will be denied at the end of the leave period if the
employee then requests restoration.
K. To coordinate an employees return to work from an approved medical leave
and/or FMLA for their own serious health condition, management shall provide an
employee with a copy of the Fitness for Duty Report form and a copy of the
employees job description. Management shall inform employees that the Fitness
for Duty Report must be completed by the employees physician/health care
provider and returned at least two (2) business days prior to their return to work.
Management shall forward the completed Fitness for Duty Report to Employee
Relations for review and approval.
L. The Employee Relations Department shall review and approve the certification
(Fitness for Duty Report) to return to work, before an employee may return to
work. It is the responsibility of management to communicate the return to work
requirements to their employees.
M. The Clerk reserves the right to seek a second opinion regarding an employees
fitness for duty certification. Employee Relations, in collaboration with
management, shall make that determination once the Fitness for Duty report has
been reviewed.
N. When an employees fitness for duty report indicates restrictions, Employee
Relations shall review the restrictions with management. If management has
reason
to believe that the restrictions impose an undue hardship, in that the assistance or
intervention required to address the restrictions might be unreasonable or
impractical, management shall inform Employee Relations. Employee Relations, in
collaboration with management, shall determine the appropriate administrative
action to be taken.
O. If it is determined that an employee is unable to return to work, the
department may initiate the appropriate administrative action by requesting a Due
Process Hearing to terminate employment.
ER Policies and Procedures Manual
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Approved By:
Pat Frank
Clerk of the Circuit Court
Date: November 2013

Family and Medical Leave

ATTACHMENT 1

CLERK OF CIRCUIT COURT REQUEST FOR LEAVE


DATE OF REQUEST:
EMPLOYEE NAME:
JOB TITLE:

DEPARTMENT:
MANAGER:
CHIEF DEPUTY:

START DATE:
AMOUNT OF LEAVE REQUESTED:

RETURN DATE:

LEAVE REQUESTED:
TYPE OF LEAVE

HOURS

ANNUAL LEAVE ( VACATION )


BEREAVEMENT LEAVE
CIVIC LEAVE
EMERGENCY LEAVE
NEWBORN LEAVE
SICK LEAVE
LEAVE FOR OTHER COGENT REASONS
MEDICAL LEAVE ( MEDICAL CERTIFICATION REQUIRED )
MILITARY LEAVE
FMLA ( MEDICAL CERTIFICATION REQUIRED )

FMLA TYPE OF LEAVE REQUESTED :

(9)

CARE OF SERIOUSLY ILL CHILD, PARENT OR SPOUSE


EMPLOYEES OWN SERIOUS HEALTH CONDITION
PLACEMENT OF A CHILD FOR ADOPTION OR FOSTER CARE
BIRTH/CARE OF NEWBORN CHILD

ACKNOWLEDGEMENT
EMPLOYEE SIGNATURE:

DATE:

MANAGER REVIEW:

DATE:

DIRECTOR APPROVAL:

DATE:

CHIEF DEPUTY APPROVAL:

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 PHYSICIAN OR PRACTITIONER


Family and Medical Leave Act of 1993
Date of Birth:

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)

, or None of the above

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

Certification of Physician or Practitioner

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:

(Signature of Health Care Provider)

(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

Certification of Physician or Practitioner

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.

Absence Plus Treatment


(a) A period of incapacity3 of more than three consecutive calendar days (including any subsequent
treatment or period of incapacity3 relating to the same condition), that also involves:
(1) Treatment4 two or more times by a health care provider, by a nurse or physician's assistant
under direct supervision of a health care provider, or by a provider of health care services (e.g.,
physical therapist) under orders of, or on referral by, a health care provider; or
(2) Treatment by a health care provider on at least one occasion which results in a regimen of
continuing treatment5 under the supervision of the health care provider.

3.

Pregnancy
Any period of incapacity due to pregnancy, or for prenatal care.

4.

Chronic Conditions Requiring Treatments


A chronic condition which:
(a) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's
assistant under direct supervision of a health care provider.
(b) Continues over an extended period of time (including recurring episodes of a single underlying
condition); and
(c) May cause episodic rather than a continuing period of incapacity6 (e.g., asthma, diabetes,
epilepsy, etc.).

5.

Permanent/Long-term Conditions Requiring Supervision


A period of incapacity6 which is permanent or long-term due to a condition for which treatment may not be
effective. The employee or family member must by under the continuing supervision of, but need not be
receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or
the terminal stages of a disease.

6.

Multiple Treatments (Non-Chronic Conditions)


Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a
health care provider or by a provider of health care services under orders of, or on referral by, a health care
provider, either for restorative surgery after an accident or other injury, or for a condition that would likely
result in a period of incapacity6 of more than three consecutive calendar days in the absence of medical
intervention or treatment, such as cancer
(chemotherapy, radiation, etc.), severe arthritis (physical
3456
therapy), kidney disease (dialysis).

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

Certification of Physician or Practitioner

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):

Social Security No.


Job Classification:

(see attached list of essential functions for job)

Employee arrived for treatment on

at

(Date)

a.m./p.m.

(Time)

(circle one)

I examined the above-named patient for:


I.

Diagnosis (Reason for absences):

II.

Treatment Regimen:

III.

Can employee perform the following: (CHECK YES or NO)

DESCRIPTION

YES

NO

DESCRIPTION

YES

NO

DESCRIPTION

PULLING

STANDING

WALKING

PUSHING

CLIMBING

STOOPING

DATA ENTRY

BENDING

KNEELING

FILING

CROUCHING

REACHING

PHOTOCOPYING

SITTING

OTHER (PLEASE DEFINE):

If no, please describe specific restrictions:


IV.
Is employee able to lift and/or carry without restrictions?

(Yes)

(No)

(Yes)

(No)

(Yes)

(No)

(Yes)

(No)

YES

NO

If no, please describe:


V.

Is employee restricted in the use of equipment and/or machinery?


If yes, please describe:

VI.

(If you have additional comments, please attach information.)

Is employee taking medication which may affect driving or motor functions?


If yes, please describe:

VII.

Is there a permanent injury due to this condition?


If yes, please describe:

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.

Can employee return to work:

(Yes)

(No)

Full Duty

Light Duty with above restrictions.


How long are above restrictions in force?

Date employee can return to work


OR
Employee is able to return to work, but on a reduced schedule.
Employee can work how many days?
Employee can work how many hours per day?
When can employee return to full duty?
OR
Employee is not able to return to work. Return appointment: Date:

(Attending Physician's Signature)

(Date)

(Please Print Physician's Name)

Time:

(Date)

**EMPLOYEE'S SUPERVISOR PLEASE SEE REVERSE***


Page 1 of 2

SUPERVISOR: VERY IMPORTANT


PLEASE COMPLETE BELOW

Employee returned to work on:


(Date)

at:
(Time)

a.m. - p.m.
(Circle One)

Did employee reach a no-pay status while on leave?

Circle one

YES

NO

Did employee utilize STD:

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)

Original to Employee Relations


CC: Department Director
Page 2 of 2

ATTACHMENT 4A

M E M O
DATE:

Employee

TO:

Employee Relations

FROM:

Request for Family and Medical Leave

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

the placement of a child with you for adoption or foster care

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

Conditioned on our receipt of a satisfactory completion of a Certification of Health Care


Provider, the requested leave will be counted against your annual FMLA 12 week leave
entitlement.
Please see the enclosed Notice for a listing of your rights, duties and responsibilities.

Page 1 of 1

ATTACHMENT 4B

M E M O
DATE:
TO:

Employee

FROM:

Employee Relations

RE:

Request for Family and Medical Leave

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

you have exhausted your Family and Medical leave entitlement.

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.

FMLA LEAVE CONDITIONS, RIGHTS AND RESPONSIBILITIES

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

Return form to Employee Relations

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

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. 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.

ER Policies and Procedures Manual


Page 1 of 6

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.

ER Policies and Procedures Manual


Page 2 of 6

Leave Policy

F.

G.

H.

I.
J.

An employee undergoing planned medical treatment is required to


make a reasonable effort to schedule the treatment to minimize
disruptions to the departments operation.
If an employee fails to provide thirty (30) days notice for
foreseeable leave with no reasonable excuse for the delay, the leave
request may be denied or the supervisor may authorize the leave
thirty (30) days from the date that the supervisor received notice.
Employees who are on an approved leave must report to management
the status of their medical condition, whether the cogent reason(s)
for their leave still exists, and their intended date to return to work.
Failure to provide the appropriate documentation to support a request
for leave may be grounds for denial of leave and may result in
disciplinary action.
Discovery that an employee is taking leave under false pretenses shall
be grounds for disciplinary action, up to and including termination.
While on leave, employees may not engage in any other employment or
income producing business.

4. Paid and Unpaid Leave


In accordance with the Clerk of the Circuit Court Policy and Civil Service Rules, if
the employee has accrued paid leave (sick, annual, floating holidays and newborn
leave), the employee must use paid leave first and take the remainder of the leave
as unpaid leave.
A. An employee who is taking leave because of the employees own serious
health condition must first use all accrued sick leave. The employee
must then use all accrued annual leave, floating holidays and newborn
leave and then will be eligible for unpaid leave for the remainder of
the approved leave. If additional leave time is necessary, leave may
be requested and approved in accordance with Civil Service Rules.
B. An employee requesting leave for other cogent reasons as defined by
Civil Service Rules must use all accrued sick leave as applicable and
annual leave prior to being eligible for unpaid leave. Floating holidays
and newborn leave must also be used prior to unpaid leave being
approved.
5. Employee Status and Benefits during Leave while an employee is on an approved
leave, the Clerks office will continue the employees health benefits during the
leave period at the same level and under the same conditions as if the employee
had continued to work consistent with the following:
ER Policies and Procedures Manual
Page 3 of 6

Leave Policy

A. Under current policy the employee pays a portion of their health


insurance premium. The Clerks office 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 an unpaid leave, the
County may pay for the employees portion of the monthly health
insurance premium.
B. Employees who are eligible for a Short -Term Disability (STD) and/or
Long -Term Disability (LTD) benefit 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.
C. Employees who are approved for STD and/or LTD benefits must
supplement their weekly benefit with accrued sick leave, annual leave,
and floating holidays.
D. After an employee has exhausted leave accruals for the purpose of
supplementing a STD and/or LTD benefit, the Clerks office may pay
for the employees portion of the monthly health insurance premium.
E. The Clerks office 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 long-term disability, dental insurance, parking, etc.). If
the employee does not make payments to the appropriate vendor,
participation may be discontinued. The Employee Relations
representative will explain benefits to both the employee and manager
during the meeting.
F. During the approved leave, the employee is responsible for keeping
in contact with their department on a regular basis as pre-arranged
with management.
6. Requesting to Return to Work
A. Before returning to work from an approved medical leave,

ER Policies and Procedures Manual


Page 4 of 6

Leave Policy

the employee must present a completed Fitness for Duty Report


(Medical Release; ATTACHMENT 3) from their physician/health care
provider that they are able to return to their job duties. This
documentation 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 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 termination
of employment.
7. Management Responsibilities
A. Management shall provide written approval of the requested leave and
communicate specific expectations and obligations of the employee
while on leave.
B. Management schedules a meeting with Employee Relations. An
Employee Relations representative explains the leave, as well as all
benefits and procedures to management and employee.
C. Management has record-keeping responsibility to monitor and
document an employees leave.
D. If an employee fails to provide thirty (30) days notice for foreseeable
leave with no reasonable excuse for the delay, management may deny
the leave request or may plan to begin the process to authorize the
leave thirty (30) days from the date that management received notice.
Prior to denying leave requests, management shall contact Employee
Relations to review and approve the denial of the leave request.
E. Management has the right to request that employees schedule planned
medical treatment so as to minimize disruptions to the departments
operation.
F. Management has the right to deny leave and may initiate disciplinary
action(s) when an employee fails to provide appropriate documentation
when requesting and/or taking leave.
G. Management shall inform employees how often they must report their
status while on leave.

ER Policies and Procedures Manual


Page 5 of 6

Leave Policy

H. To coordinate an employees return to work from an approved medical


leave, management shall provide Employee Relations with a copy of the
Fitness for Duty Report form (ATTACHMENT 3) and a copy of the
employees job description. Management shall inform employees that
the Fitness for Duty Report must be completed by the employees
physician/health care provider and returned at least two (2) business
days prior to their return to work. Management shall forward the
completed Fitness for Duty Report to Employee Relations for review
and approval. It is the responsibility of management to communicate
the return to work requirements to their employees.
I. The Employee Relations department shall review and approve the
Fitness for Duty Report (Medical Release) to return to work before
an employee may return to work. The Clerk reserves the right to seek
a second opinion regarding an employees fitness for duty
documentation. Employee Relations, in collaboration with the
employees management, shall make that determination once the
Fitness for Duty report has been reviewed.
J. When an employees fitness for duty report indicates restrictions,
management shall review the restrictions with the employee. If
management has reason to believe that the restrictions impose an
undue hardship, in that the assistance or intervention required to
address the restrictions might be unreasonable or impractical,
management shall contact Employee Relations. Employee Relations, in
collaboration with the employees management, shall determine the
appropriate administrative action to be taken.
K. If it is determined that an employee is unable to return to work, the
department may initiate the appropriate administrative action by
requesting a Due Process Hearing to terminate employment.

Approved By:
Pat Frank
Clerk of the Circuit Court
Date: June 2012

ER Policies and Procedures Manual


Page 6 of 6

Leave Policy

ATTACHMENT 1

CLERK OF CIRCUIT COURT REQUEST FOR LEAVE


DATE OF REQUEST:
EMPLOYEE NAME:
JOB TITLE:

DEPARTMENT:
MANAGER:
CHIEF DEPUTY:

START DATE:
AMOUNT OF LEAVE REQUESTED:

RETURN DATE:

LEAVE REQUESTED:
TYPE OF LEAVE

HOURS

ANNUAL LEAVE ( VACATION )


BEREAVEMENT LEAVE
CIVIC LEAVE
EMERGENCY LEAVE
NEWBORN LEAVE
SICK LEAVE
LEAVE FOR OTHER COGENT REASONS
MEDICAL LEAVE ( MEDICAL CERTIFICATION REQUIRED )
MILITARY LEAVE
FMLA ( MEDICAL CERTIFICATION REQUIRED )

FMLA TYPE OF LEAVE REQUESTED :

(9)

CARE OF SERIOUSLY ILL CHILD, PARENT OR SPOUSE


EMPLOYEES OWN SERIOUS HEALTH CONDITION
PLACEMENT OF A CHILD FOR ADOPTION OR FOSTER CARE
BIRTH/CARE OF NEWBORN CHILD

ACKNOWLEDGEMENT
EMPLOYEE SIGNATURE:

DATE:

MANAGER REVIEW:

DATE:

DIRECTOR APPROVAL:

DATE:

CHIEF DEPUTY APPROVAL:

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.

Describe the medical facts which support your certification:

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.

2. Patient's Name and Relationship (if different from employee)

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?

(Signature of Health Care Provider)

(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):

Social Security No.


Job Classification:

(see attached list of essential functions for job)

Employee arrived for treatment on

at

(Date)

a.m./p.m.

(Time)

(circle one)

I examined the above-named patient for:


I.

Diagnosis (Reason for absences):

II.

Treatment Regimen:

III.

Can employee perform the following: (CHECK YES or NO)

DESCRIPTION

YES

NO

DESCRIPTION

YES

NO

DESCRIPTION

PULLING

STANDING

WALKING

PUSHING

CLIMBING

STOOPING

DATA ENTRY

BENDING

KNEELING

FILING

CROUCHING

REACHING

PHOTOCOPYING

SITTING

OTHER (PLEASE DEFINE):

If no, please describe specific restrictions:


IV.
Is employee able to lift and/or carry without restrictions?

(Yes)

(No)

(Yes)

(No)

(Yes)

(No)

(Yes)

(No)

YES

NO

If no, please describe:


V.

Is employee restricted in the use of equipment and/or machinery?


If yes, please describe:

VI.

(If you have additional comments, please attach information.)

Is employee taking medication which may affect driving or motor functions?


If yes, please describe:

VII.

Is there a permanent injury due to this condition?


If yes, please describe:

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.

Can employee return to work:

(Yes)

(No)

Full Duty

Light Duty with above restrictions.


How long are above restrictions in force?

Date employee can return to work


OR
Employee is able to return to work, but on a reduced schedule.
Employee can work how many days?
Employee can work how many hours per day?
When can employee return to full duty?
OR
Employee is not able to return to work. Return appointment: Date:

(Attending Physician's Signature)

(Date)

(Please Print Physician's Name)

Time:

(Date)

**EMPLOYEE'S SUPERVISOR PLEASE SEE REVERSE***


Page 1 of 2

SUPERVISOR: VERY IMPORTANT


PLEASE COMPLETE BELOW

Employee returned to work on:


(Date)

at:
(Time)

a.m. - p.m.
(Circle One)

Did employee reach a no-pay status while on leave?

Circle one

YES

NO

Did employee utilize STD:

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)

Original to Employee Relations


CC: Department Director
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_____________________________________________________________
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

REVIEW DATE: Five (5) Years

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
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Other Cogent Reasons Leave

_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-2.43
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: FLOATING HOLIDAYS
EFFECTIVE: June 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.
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
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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

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 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
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Domestic Violence Leave

resided together in the same single dwelling unit.


3. Domestic Violence Leave is of a special nature and may not be deferred or
converted to any other purpose. The number of Domestic Violence Leave hours
used will be deducted from an employees accrued sick and vacation leave.
4. Domestic Violence Leave will be granted for the following reasons:
a) To seek an injunction for protection against domestic violence or an
injunction for protection in cases of repeat violence, dating violence, or
sexual violence;
b) To obtain medical care or mental health counseling, or both, for the
employee or a family or household member to address physical or
psychological injuries resulting from the act of domestic violence;
c) To obtain services from a victim services organization, including, but not
limited to, a domestic violence shelter or program or a rape crisis center
as a result of the act of domestic violence;
d) To make the employees home secure from the perpetrator of the
domestic violence or to seek new housing to escape the perpetrator; or
e) To seek legal assistance in addressing issues arising from the act of the
domestic violence or to attend and prepare for court-related proceedings
arising from the act of domestic violence.

Approved By:
Pat Frank
Clerk of the Circuit Court
Date: November 2013

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Domestic Violence Leave

CLERK OF THE CIRCUIT COURT


Department of Employee Relations

ER-3.10
Policies and Procedures Manual

SUBJECT: DISASTER RECOVERY COMPENSATION


EFFECTIVE: November 2013

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.
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.

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Disaster Recovery Compensation

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.

During a declared emergency, the Clerk may grant up to 40 hours paid


administrative leave to employees who are directed not to report to work.
Such paid administrative leave is at the sole discretion of the Clerk and is not
guaranteed. Payment of administrative leave during a declared emergency shall
occur based on the employees status as outlined below:
A. Employees Directed Not To Report Paid Administrative Leave
Granted.
The Clerk may grant up to 40 hours (5 days) paid administrative leave to
employees who are directed not to report to work. Paid administrative leave
may be granted in any increment up to 40 hours.
B. Employees Directed To Work Paid Administrative Leave Granted
Employees who work will be paid for all hours worked as described in
Paragraphs 1 and 2, above. Employees who are directed to work during a
declared emergency when the Clerk has granted paid administrative leave
shall also receive alternate time off for actual hours worked during the
period of administrative leave, not to exceed the total number of hours of
administrative leave granted. Alternate time off must be tracked by
departments and may be taken by employees at the discretion of
management. If paid administrative leave is not granted, alternative time
off is not available.
C. Employees Directed Not To Report Paid Administrative Leave Not
Granted
In circumstances where the Clerk has not granted paid administrative leave,
employees directed to not report to work, or who are unable to report to
work, may utilize leave in accordance with existing policies. Otherwise,

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Disaster Recovery Compensation

employees will be placed on unpaid leave of absence until the declared


emergency ends.
5.

Employees on any type of approved leave prior to or during the declared


emergency do not receive additional paid time off and are paid according to the
original, approved leave request. Employees whose leave is cancelled as a result
of the declared emergency are compensated according to Paragraphs 4 A. - C.,
above.

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.

2. All department directors and associate directors must maintain accurate


time keeping records during Disaster/Disaster Recovery Periods.
3. It will be the responsibility of the Director of Employee Relations to assure
compliance with this policy.

Approved By:
Pat Frank
Clerk of the Circuit Court
Date: November 2013

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Disaster Recovery Compensation

CLERK OF THE CIRCUIT COURT


Department of Employee Relations

ER-3.11
Policies and Procedures Manual

SUBJECT: DISASTER RECOVERY WORK ASSIGNMENTS


EFFECTIVE: November 2013

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.
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

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Disaster Recovery Work Assignments

declared by the BOCC, Governor or President, employees should monitor


local radio/television stations for instructions.
D. Contact with Department Regardless of an employees disaster
recovery assignment, all employees must maintain daily contact with
their department. If telephone lines are down or conditions exist where
contact by telephone cannot be accomplished, employees should make
contact with their work unit as soon as possible. Employees must keep
their department informed of their status and whereabouts, and must
carefully track all hours worked.
2. Alternate Work Assignment Duty A. Coordination of Emergency Alternate Work Assignments The County
Administrator and Clerk of Circuit Court Employee Relations department
will coordinate the Emergence Alternate Work Assignments effort.
When an employee is released by their department to work an
alternate work assignment outside the Clerks Office, they must call the
County Intake Center for work assignments. Representatives of
Employee Relations will be present at the County Intake Center to
coordinate Alternate Work Assignments. A representative of
Employee Relations at the County Intake Center will receive and
disseminate information including local disaster alternate work
assignments.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: November 2013

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Disaster Recovery Work Assignments

_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER 4.7
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: DISCIPLINE ADMINISTRATION
EFFECTIVE: November 2013

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.
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

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of the Circuit Court to administer discipline in a consistent and equitable


manner. As such, timely and appropriate counseling and discipline
administration are an essential supervisory responsibility. Supervisors and
managers who are responsible for counseling and discipline administration
shall administer discipline in a timely fashion and in a manner that is
consistent with all applicable laws, rules, policies, and procedures.
4. No employee shall be disciplined on the basis of the employees race, color,
religion, sex, national origin, age, disability, marital status, citizenship
status, or any other category protected by law. Additionally, no employee
shall be disciplined on the basis of gender identity, sexual orientation, or
political affiliation. Moreover, no employee shall be discipline in retaliation
for engaging in any activity protected by law.
5. Nothing in this policy shall be construed to create any obligation on the part
of the office of the Clerk of the Circuit Court to follow the levels of
discipline in any particular order, to take or not take any particular
discipline, to deliver a particular level of discipline for any particular offense
or to deliver disciplinary action within any particular time frame.
Procedure:
A. Unclassified Employees
Unclassified employees are at-will employees and serve at the pleasure of the
Clerk of the Circuit Court. As such, the Clerk is free to terminate the
employment of unclassified with or without cause and without adherence to the
procedural guidelines contained herein. The Clerk of Circuit Courts approval
must be obtained to suspend, involuntarily demote, or terminate the
employment of an unclassified employee.
B. Initial Probation Employees
Classified employees on initial probation, as defined applicable by Civil Service
Rules may be terminated from employment without the benefit of a Predisciplinary Hearing or an appeal to the Civil Service Board. However, the
Department must consult with Employee Relations prior to the termination of
any employee on initial probation.

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C. Classified Employees Levels of Discipline


The office of the Clerk of the Circuit Court recognizes the following seven (7)
levels of discipline, ranging from the least severe (verbal counseling) to the
most severe (termination of employment). All discipline that may result in
suspension without pay, involuntary demotion to a lower pay grade, or
termination of employment will be rendered only after the employee has been
afforded an opportunity to respond to the allegations at a Pre-disciplinary
Hearing (PDH) in accordance with the Civil Service Rules. Employee Relations
will administer the PDH process. All discipline at the level of formal counseling,
or higher shall be included in the employees permanent personnel file, which is
maintained by Employee Relations.
Verbal Counseling: A verbal warning to the employee due to substandard
performance or misconduct. A verbal counseling is most appropriate for
isolated performance or conduct issues of the least serious nature. All
cases of verbal counseling shall be documented by the department. Such
documentation shall be retained by the department.
Informal Counseling: A written warning to the employee due to substandard
performance or misconduct. An informal counseling is most appropriate
when the performance or conduct issue is of a less serious nature. All cases
of informal counseling shall be documented by the department using the
form Record of Informal Counseling. Such documentation shall be retained
by the department.
Formal Counseling: A written warning to the employee due to substandard
performance or misconduct that is sufficiently serious or ongoing in nature
as to warrant inclusion in the employees personnel file. All cases of formal
counseling shall be documented by the department using the form
Formal Counseling Session (Memo to Personnel File). Upon delivery to the
Employee, the Formal Counseling documents shall be forwarded by the
Department to Employee Relations for inclusion in the employees personnel
file.

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Written Reprimand: A written penalty for serious or ongoing substandard


Performance or misconduct warranting disciplinary action beyond a formal
Counseling. All written reprimands shall be documented in writing by the
Department on the form Formal Letter of Reprimand. Upon delivery to the
employee, all written reprimands shall be forwarded by the department to
Employee Relations for inclusion in the employees personnel file.
Suspension without Pay: A disciplinary removal of the employee from the
workplace, with a commensurate disruption of pay, for misconduct or
substandard performance that is severe or persistent.
Involuntary Demotion: The disciplinary movement of an employee into a
different job classification having a lesser degree of responsibility and a
lower pay grade due to misconduct or substandard performance that is
severe or persistent.
Termination of Employment: The dismissal of an employee from
Employment with the office of the Clerk of the Circuit Court due to
misconduct or substandard performance of an egregious or pervasive
nature.
D. Disciplinary Conferences Verbal, Informal, and Formal Counseling, and
Written Reprimands
Discipline shall be delivered to the employee in a conference between a
representative of management (such as the supervisor) and the employee.
During the conference, the supervisor shall inform the employee how his or her
performance and/or conduct do not meet expectations, remind the employee
of the expected performance or conduct standard, and where appropriate,
provide the employee with an opportunity for correction of the deficient
performance or behavior. The supervisor shall also inform the employee of
potential consequences for failure to improve. At the conclusion of the
disciplinary conference, the employee shall be asked to sign the appropriate
disciplinary document. In the event the employee refuses to sign the
document, another representative from management shall be asked to witness

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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.

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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.

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Approved by: Pat Frank
November 2013

_________________________________________________________
CLERK OF THE CIRCUIT COURT
ER 4.14
Department of Employee Relations
Policies and Procedures Manual
_________________________________________________________
SUBJECT:

EQUAL EMPLOYMENT OPPORTUNITY

EFFECTIVE: November 2013

REVIEW DATE: Annually

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).

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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.

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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.
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3. The Clerk of the Circuit Court is committed to the employment of


qualified veterans with disabilities and veterans of periods identified by law
which establish preference or protection for a covered veteran.
PROCEDURE
1. Any employee who believes that he or she has been unlawfully
discriminated against on the basis of a protected status may file a complaint
by contacting their Supervisor, Department Director or the Director of
Employee Relations.
2. Any Director, Manager or Supervisor in a department of the Clerk of the
Circuit Courts office who receives a report of discrimination (whether
written or verbal) from an employee must immediately inform the Director
of Employee Relations. The Director, Manager or Supervisor shall not on
their own attempt to investigate, conciliate or resolve the complaint without
the knowledge of the Director of Employee Relations.
3. It is a violation of this policy and Hillsborough County Civil Service Rules
for an individual to knowingly make false accusations or allegations of
discrimination, or knowingly make false statements in any investigation,
proceeding, or hearing regarding alleged discrimination prohibited under this
policy or any anti-discrimination federal or state law.
4. Nothing in this policy shall preclude an employee from directly filing a
complaint at any time with the US Equal Employment Opportunity
Commission (EEOC), the Florida Commission on Human Relations (FCHR),
Office of Federal Contracts Compliance Programs, or any other appropriate
organization external to the Clerk of the Circuit Court.

Approved by:
Pat Frank
Clerk of the Circuit Court
Date: November 2013
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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

REVIEW DATE: Five (5) Years

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

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Reduction in Force (RIF)

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:

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Reduction in Force (RIF)

Suspension without pay5 points for each day


Written Reprimand. 6 points each
Formal Letter of Counseling
(includes Memo to File)....3 points each
Involuntary demotion for cause30 points
8) The affected employees will be provided the calculation of their retention
points during a meeting with Employee Relations to discuss the layoff and the
calculation of their retention points.
a) No later than three (3) working days from the meeting with Employee Relations,
the employee shall either acknowledge and certify the computation of their
retention points as complete and accurate or submit an appeal concerning the
calculation of their retention points.
b) The appeal is initiated by the employee by providing a written explanation with
documentation stating why the employee does not agree with Employee Relations
calculation of their retention points.
c) A Reduction-In-Force Committee comprised of three Clerk of Circuit Court
Directors appointed by the Clerk will review the appeal. The Employee Relations
Director will serve in a non-voting advisory capacity to the committee for
informational purposes only. The committee will review the appeal and submit their
findings of fact to the Clerk of the Circuit Court for review and decision.
d) Failure to submit the appeal in writing within the three (3) working day time
frame after the meeting with Employee Relations to discuss the layoff will result
in the waiver of any objections regarding the calculation of retention points.
e) The decision of the Clerk of the Circuit Court shall be final and binding.
9) A Retention Register will be completed in cases where there are multiple
incumbents in the affected classification(s) listing employees in rank order
beginning with the person having the highest retention points. Separations are
made in inverse order from the list with the person with the least number of
retention points being separated first.
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Reduction in Force (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
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Reduction in Force (RIF)

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

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Reduction in Force (RIF)

____________________________________________________________
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.

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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.

Criminal convictions and pleas of no contest, nolo contendere or guilty will be


considered in determining a candidates suitability for employment or
volunteer status. Detention and/or arrest alone may not constitute valid
grounds for employment decisions. However, facts about criminal or
negligent actions committed by a candidate may be considered.
b. In determining a candidates suitability for employment where the candidate
has criminal convictions or has pled no contest, nolo contendere or guilty to a
criminal act on his or her record, consideration will be given to the specific
duties of the position, the number of offenses and circumstances of each,
the age of the conviction(s) or plea(s), and the adequacy of the explanation
about the conviction by the applicant on the application.
c. In instances where information is obtained that could potentially result in
adverse action to the candidate, Employee Relations will consult with the
Clerk of Circuit Court for guidance on a final hiring decision.
Background checks shall only be used for the purposes set up in this policy. The
procedure for the utilization of the FDLE (Florida Department of Law
Enforcement) system is set forth by the internal document entitled FDLE
Procedures.
Approved By:
Pat Frank
Clerk of Circuit Court
Date: August, 2012
ER Policies and Procedures Manual
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___________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-4.17
Department of Employee Relations Policies and Procedures Manual

_____________________________________________________________
SUBJECT:

EMPLOYMENT OF RELATIVES

EFFECTIVE: April, 2013

Review Date: Five (5) Years

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.

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3. Whenever an appointment is made, whether on a regular, temporary, full-time


or part-time basis, it shall be made solely with regard to the qualifications of the
appointee and subject to the provisions of this policy. These conditions apply to
the initial appointment and continuation of employment.
4. The Clerks office may employ members of the same family except in the
following situations which shall be deemed conflicts:
A. When one member of a family is in a position to make or influence
decisions in personnel matters such as the hire, promotion, retention,
or salary of another member of the same family (supervisor
subordinate relationship).
B. When one family member is responsible for supervising, directing, or
evaluating or influencing the evaluation of the work of another
member of the same family (supervisor subordinate relationship).
C. When other situations exist which, may place members of the same
family in circumstances of actual or reasonably foreseeable conflict
between the interests of the Clerks office and the interests of the family
members.
5. Failure to disclose conflicts or a potential conflict is unethical, may be
illegal and shall be a violation of this policy. This policy provides a means to ensure
that both potential and actual conflicts of interest are prevented so
responsibilities can be performed without compromise.
DEFINITIONS:
Supervisor: The employee in direct authority over another employee. For the
purpose of this policy, this encompasses the person who evaluates the employee,
and/or makes assignments to the employee, or has authority to hire or fire, or to
determine or make recommendations on the hiring, firing, salary or other terms
and conditions of employment of the employee.
Supervisor-Subordinate Relationship: The supervisor-subordinate relationship
shall be interpreted to include the relationship between the immediate supervisor
and subordinate, as well as any person within the succession of authority (chain
of command) over the employee, that has the ability to make decisions and/or
influence the hiring, firing, salary or other terms and conditions of employment.

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Family Members: According to Florida Statute: Restriction on Employment of


Relatives, family members shall include the following relationships, whether
established by blood (consanguinity), marriage (affinity), or other legal action:
father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew,
niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half-brother, and half-sister.
For purposes of this policy, the Clerks Office also recognizes the following
relationships as being family members: grandmother, grandfather, granddaughter,
grandson, great-grandmother, great-grandfather, great-granddaughter, greatgrandson, step-grandmother, step-grandfather, step-granddaughter, stepgrandson, grandmother-in-law, grandfather-in-law, granddaughter-in-law, grandsonin-law, and a spouse of any of the above mentioned relationships.
Death or divorce ends a relationship of affinity (marriage) unless there is a living
child of the marriage, in that case an ex-spouse would be considered to be a
relative.
Prospective Candidate: An individual who has completed an application for
employment and is seeking a position with the Clerks office through:
1) Initial appointment (new hire)
2) Promotion
3) Demotion
4) Other class transfer
5) Lateral transfer
6) Consultant
7) Temporary appointment
PROCEDURE:
1. All applicants for employment must disclose the identity of all family
members working for the Clerks Office on their application for employment.
2. During the interview process, all prospective candidates must be asked
if they have any family members currently working for the Clerks Office.

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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)

The completed Employment of Relatives Disclosure Statement


shall be forwarded by the Department Director to Employee Relations for
review.

2)

No promise or offer of employment made to a person (covered


under this policy) shall be valid, effective, and enforceable until such time
that Employee Relations has determined that no conflict exists.

3)

In the event that a determination is made that a conflict exists,


an offer of employment shall be void and rescinded.

3. Whenever an employment decision affects an employees reporting


relationship and/or employment status (promotion, demotion, transfer or change in
employment category) an Employment of Relatives Disclosure Statement must be
completed by the employee and submitted to their Department Director for review
and processing.
4. As soon as a current employee becomes aware that a family member
intends to apply for a position within the Clerks Office, the employee
must immediately remove himself/herself from the entire hiring process
and declare their relationship in writing to their immediate supervisor.
5. As soon as a current employees family member accepts a position with
the Clerks Office, the employee must immediately report such by completing an
Employment of Relatives Disclosure Statement and submitting it to their
Department Director for review and processing.
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6. If current employees working in the same department become family


members, they must notify their supervisor and immediately complete and
submit an Employment of Relatives Disclosure Statement to their
Department Director. The completed Employment of Relatives Disclosure
Statement shall be reviewed and forwarded by the Department Director to
Employee Relations for review.
7. It will be the responsibility of each employee to keep the disclosure of
all familial relationships current by completing and submitting the
Employment of Relatives Disclosure Statement to their Department
Director.
8. Failure to disclose familial relationships or potential conflicts of interest
shall be a violation of this policy and may result in disciplinary action up
to and including termination.
9. All Employment of Relatives Disclosure Statements will be reviewed by
Employee Relations and will be evaluated to determine the extent of current or
potential conflicts of interest, or the appearance thereof. Consideration will
include, but not be limited to the following:
A.

Size of the department/division.

B. Closeness or remoteness of the relationship between the family


members.
C. Reporting relationships within the organization and the likelihood
that the employees would work together or either employee would
be in a position to influence any aspect of the others employment.
D. Level, status, and geographic location of the positions.
E. Extent to which the proposed employment may reduce management's
flexibility with respect to work assignments or future
transfer or promotion of such person.
F. Availability of other qualified, suitable, and interested applicants for
the position.

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10. Upon receipt and review of Employment of Relatives Disclosure


Statements, Employee Relations may require the following information from the
originating department to assist in determining the extent of current, potential or
the appearance of conflicts of interest:
A. Name(s) of the prospective candidate(s) and/or employee and the
person whose employment causes the conflict, as defined by this
policy, and their relationship to one another.
B.Status of the position under recruitment (e.g., permanent, limited duration,
temporary, etc.).
C.Proposed starting date of employment
11. Employee Relations shall make a determination if a conflict exists, in violation of
this policy and will report such findings in writing to the Agency Head, Chief
Deputy, and/or Department Director.
12. When a conflict is identified and it has been determined that it is not in
the best interest of the Clerks Office to employ members of the same family
within the same department/division, the family member seeking employment shall
be notified in writing of the determination that employment shall not be permitted,
under this policy, to a position within the department/division where employment
had been sought.
13. No promise or offer of employment made to a person covered under the
provisions of this policy (including, but not limited to, the approval of transfers,
promotions, demotions, reclassifications, or any other change in position or
permanent workplace assignment) shall be valid, effective, and enforceable unless
approved by Employee Relations.
14. Should two (2) permanent employees, within the same department/division,
marry or otherwise become family members, thereby causing a conflicting
relationship, the respective employees shall be given written notice of such
determination. Such notice shall advise that the employees have thirty (30) days
from the date of the notice to remedy the conflict by:

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A. Resignation of Clerks Office employment by one employee; or,


B. Apply, qualify and accept a position in another department within the
Clerks Office where a conflict does not exist.
15. Upon notification that a conflict of interest exists, in violation of this
policy, the Department Director in consultation with Employee Relations shall take
immediate action to ensure this violation does not continue. The affected employees
may be reassigned or otherwise administratively relieved of their duties pending
the initiation of appropriate administrative actions up to and including the
scheduling of a pre-disciplinary hearing to determine continued employment.
16. It shall not be the responsibility or requirement of the Clerks Office to
transfer and/or find alternate employment for either of the employees. However,
the Clerks Office may reassign an employee to another position, if available.
17. Should appointment or transfer not take place, within thirty (30) days,
whether the same is occasioned by the non-availability of an employee
position to accomplish an appointment or transfer, or for any other reason
whatsoever either:
A.
The Department Director employing the family members shall make a
recommendation to the Agency Head, Chief Deputy, and Employee
Relations as to which family member shall be considered for dismissal.
B.
The Department Director employing the family member(s) may request an
extension of time from the Director of Employee Relations. The request
must include specific proposals on how the family members plan to
achieve compliance of this policy. The Director of Employee Relations
will determine whether circumstances warrant an extension of time. If
no extension is sought, or if not extension is granted, the procedure
under 17A shall apply.
18. Employees who wish to file a complaint to report a violation of this
policy may do so to the attention of the Director of Employee Relations.
Retaliation against employees for reporting such violations will not be permitted.
Employees must report retaliatory actions in writing directly to the Director of
Employee Relations as soon as possible after the incident occurs.
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Approved by:
Pat Frank, Clerk of the Circuit Court
Date: 4/1/13

Employment of Relatives Disclosure Statement


In order to prevent preferential treatment in the employment practices within the
office of the Clerk of the Circuit Court, as well as to avoid creating situations when
favoritism may be alleged to be associated with operational decisions within
departments of the Clerks Office, employees and prospective candidates* for
employment must disclose and report the employment relationships of their family
members as described below.
Family members: Shall include the following relationships, whether established by
blood (consanguinity), marriage (affinity), or other legal action: Father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-inlaw, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, halfbrother, half-sister, grandmother, grandfather, granddaughter, grandson, greatgrandmother, great-grandfather, great-granddaughter, great-grandson, stepgrandmother, step-grandfather, step-granddaughter, step-grandson, grandmotherin-law, grandfather-in-law, granddaughter-in-law, grandson-in-law, and a spouse of
any of the above-mentioned relationships.
Death or divorce ends a relationship of affinity (marriage) unless there is a living
child of the marriage; in that case an ex-spouse would be considered a relative.
TO BE COMPLETED BY EMPLOYEE OR PROSPECTIVE CANDIDATE*
Name __________________________ ID#_________________
Department _______________________________
Job Title _________________________________

* Prospective Candidate: An individual who has completed an application for


employment and is seeking a position with the office of the Clerk of the Circuit
Court as an initial appointment(new hire), a promotion, a demotion, an other class
transfer, a lateral transfer, a consultant, or a temporary appointment

Check All Appropriate Boxes:


Currently employed by the Clerks office
Prospective candidate*
I certify that I do not have a family member, as defined above, employed with
the Clerks office or working as a consultant or a temporary appointment
I certify and disclose the following family member(s), as defined above, is (are)
currently employed with the Clerks office or working as a consultant or a
temporary appointment:
Name

Department

Relationship

I HAVE READ AND UNDERSTAND THE PROVISIONS OF THE EMPLOYMENT OF


RELATIVES POLICY:
__________________________________________ ___________________
Signature
Date

TO BE COMPLETED BY EMPLOYEE RELATIONS:


No conflict is deemed to exist at this time by the reviewer.
A conflict has been deemed to exist by Employee Relations.
Department Director will be advised to immediately initiate corrective
action.
Reviewers Signature: ___________________________ Date:________
COMMENTS:

_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-5.5
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: ATTENDANCE
EFFECTIVE: October 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. 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.

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Areas of job performance related to attendance:


Use of leave in accordance with rules and policies.
Communication and cooperation with management in providing proper
notice of leave.
Patterns of leave usage.
Legitimate uses of the following types of absence should NOT normally be a
negative impact on attendance:
Properly scheduled annual leave (vacation, for example).
Properly scheduled sick leave (medical appointments, surgery, for
example).
PROCEDURE:
1. Employees are expected to report to work at the time specified by their
immediate supervisor.
2. When an employee determines that they will not be at their assigned work
station at their scheduled work start time, the employee must contact their
immediate supervisor or another member of management to report their absence.
When an employee determines that they have to leave their assigned work station
prior to the end of the work day, the employee must contact their immediate
supervisor or another member of management to report their leaving prior to the
end of the scheduled work day. This reporting requirement does not excuse the
employee from any unscheduled absence.
3. Employee absences from work are either scheduled or unscheduled.
a. Scheduled absences are requested and approved in advance and have a minimal
negative impact on the productivity of the work environment. Management
reserves the right to request that employees schedule appointments with as
little disruption to the work schedule as possible.
Example: Employee has a physician appointment which is scheduled and
approved in advance by management.
b. Unscheduled absences are not approved by management. This type of absence
may negatively impact productivity of the work environment.
Example: Employee calls in sick or leaves work as a result of illness.
c. The impact of unscheduled absences should be based upon the departments
attendance standard along with the impact of the absence and/or any pattern
of absence.

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d. Unscheduled absences will have a negative impact on the attendance


dimension of performance management and could result in disciplinary
action up to and including dismissal.
e. Payment for absence which is unscheduled does not negate, forgive or condone
the unscheduled absence.
Alternate Work Schedule
If a business necessity exists, management may realign an employees work
schedule during a workweek as defined by the Fair Labor Standards Act (FLSA),
as referenced in the Clerk of Circuit Court Employee Handbook, section 3.3 Work
Week and Pay Period, the workweek in our office is defined as follows: Each work
week begins at 12:01 a.m. on Sunday and ends at 12:00 midnight the following
Saturday.
Alternate work scheduling should be utilized only when a business necessity exists.
Alternating the work schedule to allow an employee to re-gain compensation due to
absence in a no-pay status does not constitute a business necessity.
Approved By:
Harry Cohen
Senior Deputy Clerk
Date: October 2009

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Attendance

_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-5.7
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: DRESS AND APPEARANCE
EFFECTIVE: November 2013

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.
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;

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Dress and Appearance

Revealing or provocative attire such as see-through material, sheer blouses


without camisoles, shorts, crop tops or clothing showing bare midriff or excessive
cleavage;
Flip flops and athletic shoes (athletic shoes are acceptable on casual Fridays).
Management is to address whether or not attire/grooming is satisfactory on an asneeded basis. Management shall have the authority and shall be expected to
enforce this dress code in each department, implementing reasonable clothing
requirements for that department to insure that a professional, business-like
appearance is maintained.
For most attire/grooming violations, a private conference and oral reprimand will
suffice. If further reinforcement is required, a written counseling will be initiated
and placed in the employees personnel file.
Obvious inappropriate attire will require that the employee be sent home to change
attire and be docked for the time required to do so. Failure to return to work
after such a request will be grounds for further disciplinary action.
Employees who wear apparel with insignia, logos or language indicating an affiliation
with the Hillsborough County Clerk of the Circuit are expected to wear them in a
neat and well-maintained manner during work hours, regardless of whether the
apparel was issued by the Clerks office or purchased by the employee.
When wearing apparel with insignia, logos or language indicating an affiliation with
the Hillsborough County Clerk of Circuit Courts office, whether they are on duty
or off-duty, employees are expected to always represent the office positively, and
therefore, shall not engage in conduct or behavior that would bring discredit upon
the office.
Employees shall only wear apparel with insignia, logos or language indicating an
affiliation with the Hillsborough County Clerk of Circuit Courts office while on
duty or in the performance of their official duties. Incidental use of the apparel
while coming to and from work or while performing official duties is permitted.
(Example: Stopping at the grocery store on the way home from work.) Extended
incidental use is not permitted.

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Dress and Appearance

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

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Dress and Appearance

_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-5.11
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: BULLETIN BOARDS
EFFECTIVE: June 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
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.

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Bulletin Boards

4. In each operational area, management reserves the right to remove without


notice any document which contains political material or any other document that
the Clerk deems inappropriate or offensive.
5. Any questions that may arise regarding the application of this policy should be
directed to Employee Relations.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: June 2012

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Bulletin Boards

_____________________________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-5.18
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: ID BADGES
EFFECTIVE: November 2013

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:
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.

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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

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 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.

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In order to ensure the ethical conduct of employees as public servants, a


Code of Ethics Policy exists. The Policy for Handling and Reporting Fraud is
designed to complement the Code of Ethics Policy. Employees are required
to promptly report unethical or fraudulent conduct to their management
and/or the Employee Relations Department.

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
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CLERK OF THE CIRCUIT COURT


ER-5.21
Department of Employee Relations
Policy and Procedures Manual
______________________________________________________________
SUBJECT: TARDINESS
EFFECTIVE: October 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.
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.

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3. Non-scheduled tardiness will be considered when evaluating an employees


performance. Should a pattern of tardiness develop in which an employee is
consistently late, disciplinary action will result.
4. The impact of tardiness will be determined by the management of the
department where the employee is assigned.

Approved By:
Harry Cohen
Senior Deputy Clerk
Date: October 2009

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_________________________________________________________
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

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otherwise, direct or indirect, or engage in any business transaction or


professional activity or incur any obligation of any nature, which is in
substantial conflict with the proper discharge of their duties in the public
interest.
Furthermore, employees shall not rent, lease, or sell any realty, goods or
services to the Clerk of the Circuit Court.
2. If an employee is unsure as to whether or not any activity they are
engaged in results in a conflict of interest, they must contact the
Director of Employee Relations.
3. If there is a change in an employees conflict of interest status during
any time in the course of their employment, it is the responsibility of the
employee to notify the Director of Employee Relations within thirty days.
4. Employees may be subject to disciplinary action up to and including
termination for violation of this policy.

Approved by:
Harry Cohen
Senior Deputy Clerk
Date: December, 2009

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_____________________________________________________________
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

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. 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.

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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.

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J. Vandalism, arson or sabotage.


K. Throwing objects regardless of whether or not a person is the target.
L. Intentional damage or destruction or sabotage of County property or
equipment, anothers property or equipment, or any substantial threat to
destroy property and/or equipment.
M. Any other act or behavior that is judged offensive, inappropriate and/or
violent in the workplace.
PROCEDURE:
1. Response Procedures
Workplace violence generally falls into three categories. The specific response
depends upon the applicable category. The suggested actions by category are:
A. Violence Has Occurred Call 911 for law enforcement and emergency
services as needed. Contact the Employee Relations Department and
Security Services at the earliest practical time. Evaluate the threat for
additional violence, warn other potential victims, inform victims of available
medical services, cooperate with law enforcement and refer
employee and media communications to Employee Relations. The Employee
Relations Department shall determine the appropriate course of action to
be taken to address the incident and facilitate an immediate response to
ensure the safety of all employees.
B. Immediate Threat Exists Employees should not put themselves or anyone else
at risk during a threat in relation to any imminent danger that can be identified.
If the situation does not defuse and come under control by eliminating all
threat of danger and violence, the employee should assess the danger to
employees and public, warn potential targets, and take reasonable actions to
immediately disengage from the situation, exit the area and call 911 for law
enforcement assistance. If the employee cannot call, assistance should be
requested from a co-worker. At the earliest practical time, employees should
report the incident to their supervisor, or next in line supervisor if that is
appropriate, and the Employee Relations Department. In all cases, the
Workplace Violence Incident Report (SEE ATTACHMENT 1) shall be completed
as soon as practical and submitted to the Employee Relations Department.
The Employee Relations Department will review the reported incident with the
supervisor and/or management to determine the appropriate course of action to be
taken to address the incident and facilitate an immediate response to ensure the
safety of all employees.
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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.

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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.

Approved by: Pat Frank


Clerk of the Circuit Court
April 2007

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_____________________________________________________________
CLERK OF THE CIRCUIT COURT
ER-6.6
Department of Employee Relations
Policies and Procedures Manual
_____________________________________________________________
SUBJECT: PROTECTED STATUS HARASSMENT
(INCLUDES SEXUAL HARASSMENT)

EFFECTIVE: June 2012

REVIEW DATE: Five (5) Years

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.

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Protected Status Harassment

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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Protected Status Harassment

B. Anyone who receives a report of protected status harassment must


inform the Director of Employee Relations Department who will promptly
undertake a thorough, expeditious and objective investigation into
protected status harassment allegations.
C. When it is determined that an employee engaged in conduct described in
numbered paragraph 1 (A-F) above, the Clerks office will take
appropriate remedial action, up to and including dismissal.
D. The Clerks office cannot guarantee confidentiality. The Clerk will make
every attempt to keep the information provided and developed during
the investigation process confidential to the fullest extent permitted
by the circumstances and Florida law.
E. If the Clerks office determines an employee has made a complaint in
bad faith, or has knowingly provided false information regarding a
complaint, disciplinary action may be taken against the employee
who provided the false information, up to and including dismissal.
3. Retaliation
Retaliation against employees for reporting protected status harassment or
assisting the organization in the investigation of a complaint is against the law and
will not be condoned and may be subjected to disciplinary action up to and including
termination. Retaliation can include, but is not limited to, such acts as refusing to
recommend an employee for a benefit for which he/she qualifies, spreading rumors
about the employee, encouraging hostility from co-workers and escalating the
harassment. Employees must report incidents they believe to be retaliatory to the
Director of Employee Relations as soon as possible after they occur.
Approved By:
Pat Frank
Clerk of the Circuit Court
Date: June 2012

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Protected Status Harassment

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