Metropolitan Sewerage District of
Buncombe County, North Carolina
Employee Handbook
DISCLAIMER
Handbook Receipt and Acknowledgement
THE SIGNED CERTIFICATION OR RECEIPT OF THIS MANUAL BY EACH DISTRICT
EMPLOYEE WILL SERVE AS AN ACKNOWLEDGEMENT OF RECEIPT OF THIS
POLICY.
I certify that I have read and understand the Metropolitan Sewerage District Human Resources
Policies and Procedures Manual. I acknowledge that pursuant to North Carolina employment law, I
am an at-will employee, and that the Manual and the policies contained therein do not in any way
constitute, and should not be construed as a contract of employment between the District and its
employees. I understand and acknowledge that the District reserves the right to revise, change, or
terminate policies or procedures at any time, with or without notice.
I understand that no person, other than the General Manager, is authorized to enter into any
contract of employment for any term on behalf of the District, and that any such contract, to be
binding upon the Metropolitan Sewerage District, must be in writing signed by the General
Manager.
Signature:
Date:
Table of Contents
Disclaimer
Chapter One – Welcome
A. Welcome Statement
B. About MSD
C. Mission Statement and Governance
D. Human Resource Policy Manual
Pages
1
2
3
4
Chapter Two - Core Values
A. Honest, Cooperation, and Courtesy
B. Equal Opportunity Employment
C. American’s with Disability (ADA) Policy Statement
D. Sexual and Other Unlawful Harassment Statement
E. Workplace Violence Prevention Policy Statement
F. Weapon-Free Workplace Policy Statement
G. Gifts and Favors
H. Political Activity
I. Outside Employment
J. Religious Accommodation – Policy
K. Nepotism
L. Fraternization
M. Off-Duty Conduct
N. Support of Military
O. Tapping of Conversations
P. Open Door Policy
Q. Whistleblower Policy
1
1
1-2
2
2
2
2-3
3
4
4
4
5
5
5
6
6-7
7-9
Chapter Three – Work Conditions
A. Equal Opportunity Employment
B. Sexual and Other Unlawful Harassment
C. Workplace Violence Prevention
D. Weapon-Free Workplace
1
1-3
4-5
5-6
E. Work Conditions
F. Promptness
G. Inclement Weather
H. Press Release, Conversations with Newspaper
Reporters, or Other Media
I. Employee Dress Code and Uniform Policy
J. Safety
K. Fire & Evacuation Procedures
L. MSD Drug Free Workplace Program
M. Accidents and Injuries
N. Driver License Requirements
O. Work Area and Vehicles
P. Travel Policy
Q. Americans with Disability Act Amendments Act
6
6
7
7
8-9
9-10
10-11
11-15
15-18
18-19
19-20
20-22
22-29
Chapter Four – Discipline
A. Discipline
B. Termination of Employment
C. Grievance Procedure
1-3
3-4
5-9
Chapter Five – Employee Classifications
A. Definitions of Employee Status (FLSA)
B. Recruitment Process
1
1-3
Chapter Six – Compensation
A. Compensation & Pay Policy
1-8
Chapter Seven – Benefits
A. Benefits
B. Maximum Time Absent From The Job
C. Holidays
D. Insurance
E. Retirement
F. Optional 401(k) and 457 Plans
1-10
10
11
11
12
12
G. COBRA
H. HIPPA
I. Wellness Program
J. Layoff Policy
K. Parental Involvement in School Activities
L. Bereavement Leave
M. Civil Leave/Jury Duty
N. Employee of the Year
O. Employee Assistance Network
P. Family and Medical Leave Act
Q. Worker’s Compensation
R. Tuition Assistance
S. Attendance Standards
T. Dock Rules & Procedures
12
13
13-14
14
15
15
15
16
16-17
17-21
21-24
24-26
27
27
Chapter Eight – Personnel Records
A. Human Resources Records Maintenance
B. Access to Records
C. Information Open to the Public
D. Challenges to Personnel Records
E. Destruction of Records
F. Retention of Records
1
1
2
2
3
3
Chapter Nine – Computer Policy
A. Internet, E-mail, and Computer Use Policy
B. Social Media Policy
1-2
3-5
CHAPTER 1
WELCOME
Metropolitan Sewerage District of Buncombe County, North Carolina
Employee Handbook
About MSD
The Metropolitan Sewerage District (MSD) is located in the Blue Ridge Mountains of Western
North Carolina.
The MSD is a public body and body politic and corporate of the State of North Carolina, exercising
public and essential governmental functions and organized under the provisions of the North
Carolina Metropolitan Sewerage Districts Act, being Article 5, Chapter 162A of the General Statutes
of North Carolina, as amended. The District is comprised of the following political subdivisions
located within Buncombe County:
City of Asheville
Town of Montreat
Beaverdam Water & Sewer District
Enka-Candler Water & Sewer District
Town of Biltmore Forest
Fairview Sanitary Sewer District
Town of Black Mountain
Skyland Sanitary Sewer District
Busbee Sanitary Sewer District
Swannanoa Water & Sewer District
Caney Valley Sanitary Sewer District
Woodfin Sanitary Water & Sewer District
Crescent Hill Sanitary Sewer District
Town of Weaverville
Venable Sanitary District
Town of Woodfin
The governing board (District Board) has a strategic plan for the future of the MSD and the
budgetary process incorporates management by objectives. The District's management team and
employees carry out the goals and objectives and policies as set by the District Board. The budget
process provides the tool to translate planning objectives into work objectives on an annual basis.
The District owns, operates and maintains a 40 million gallon per day (MGD) wastewater treatment
plant to treat raw sewage and industrial wastewaters collected in an extensive network
(approximately 1,000 miles) of collector sewers currently owned, operated and maintained by the
District pursuant to the consolidation agreements signed on July 2, 1990. The District also owns,
operates and maintains approximately 60 miles of interceptor sewers that connect such sewers to the
treatment plant.
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Employee Handbook
Mission Statement
To provide wastewater collection and treatment to its users which promotes the health and
safety of affected citizens in the most effective and efficient manner possible today and in
the future.
Governance
District Board
The overall governing and policy-setting body of the District is the District Board. It
appoints and empowers the General Manager and approves personnel policies. The District
Board considers proposed amendments to the personnel policies, works with management
on personnel matters, adopts work conditions, and decides personnel issues brought before
it.
The District Board consists of twelve members. Three from the County of Buncombe, three
from the City of Asheville, one from Woodfin Sanitary Water & Sewer District, and one
each from the Towns of Biltmore Forest, Black Mountain, Montreat, Weaverville and
Woodfin.
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Metropolitan Sewerage District of Buncombe County, North Carolina
Employee Handbook
Human Resource Policy Manual
This Human Resource Policies & Procedures Manual provides you with important information
about the Metropolitan Sewerage District of Buncombe County, North Carolina (MSD), its current
policies, procedures and guidelines. However, this manual is not intended to cover every possible
situation. MSD reserves the right to modify or amend these policies and practices at any time. This
manual may not be considered an employee contract. Your employment at MSD is voluntary and
for no specified length of time. Either you or MSD can end the employment relationship at will,
with or without cause at any time. Nothing in this manual is designed to interfere with, restrain, or
prevent employee communications regarding wages, hours, or other terms or conditions of
employment.
This revision of the Human Resource Policies and Procedures Manual replaces all prior editions of
the Manual.
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CHAPTER 2
CORE VALUES
Metropolitan Sewerage District of Buncombe County, North Carolina
Employee Handbook
Chapter Two
Core Values
A.
Honesty/ Cooperation/ Courtesy
Employees are expected to be honest. Acts of dishonesty, including but not limited
to, make false statements concerning District work, misrepresenting dealings with
other employees or local officials, and improper use of District funds or equipment
will result in disciplinary action.
Employees are expected to work with a spirit of cooperation at all times, in all
matters, and with all persons, including co-workers, supervisors, and the public.
Staff members are expected at all times to behave courteously toward each other and
toward all members of the public with whom they have contact. Discourtesy and
rudeness are very detrimental to the image and efforts of the District.
B.
Equal Opportunity Employment
The District is an equal opportunity employer and does not discriminate against
applicants or employees on the basis of race, color, religion, sex, national origin, age,
disability, or other legally protected status with respect to all terms, conditions, or
privileges of employment.
Harassment, retaliation, coercion, interference or intimidation of any applicant or
employee due to race, color, religion, sex, national origin, age, disability or any other
legally protected issue is prohibited. Any such conduct should be reported
immediately to a member of management or the General Manager.
The Human Resources Director is appointed as the Equal Employment/ ADA
Coordinator.
C.
American’s with Disabilities (ADA) Policy
It is the policy of the Metropolitan Sewerage District of Buncombe County to
comply with all federal and state laws concerning the employment of persons with
disabilities and act in accordance with regulations and guidance issued by the Equal
Employment Opportunity Commission (EEOC). Furthermore, it is our company
policy not to discriminate against qualified individuals with disabilities in regard to
application procedures, hiring, advancement, discharge, compensation, training or
other terms, conditions and privileges of employment.
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(See Chapter 3, Work Conditions, “Americans with Disabilities Act Amendments
Act (ADAAA)” for a more detailed description of MSD procedures and
responsibilities under the ADA)
D. Sexual and Other Unlawful Harassment
Harassment disrupts the workplace. The Metropolitan Sewerage District’s goal is to
provide a workplace free of tension based on race, religion, sex, gender, ethnicity,
age, national origin, citizenship, disability, pregnancy, or veteran status. All
employees are prohibited from engaging in harassment of any other employees or
other persons in the course of or in connection with their employment.
E.
Workplace Violence Prevention Policy
The Metropolitan Sewerage District’s (MSD) is committed to preventing workplace
violence and to maintain a safe work environment. MSD has adopted the guidelines
set forth in Chapter 3 to deal with intimidation, harassment or other threats of or
actual violence that may occur on-site during work-related activities.
F.
Weapon-Free Workplace Policy
To ensure that Metropolitan Sewerage District maintains a workplace safe and free
of violence for all employees, the District prohibits the possession or use of perilous
weapons on company property. A concealed carry permit does not supersede
company policy. Any employee in violation of this policy will be subject to prompt
disciplinary action, up to and including termination. All District employees are
subject to this provision, including contract and temporary employees, visitors and
customers on company property
G.
Gifts and Favors
No official or employee of the District who is involved in any way in: preparing
plans, specifications, or estimates for public contracts; or awarding or administering
public contracts; or inspecting or supervising construction shall accept any gift or
favor, whether in the form of service, a loan, a thing, or a promise from any person,
firm, or corporation that, in the employee’s knowledge, is interested directly or
indirectly in any manner whatsoever in business dealings with the District, including
contractors, subcontractors, or suppliers.
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Pursuant to North Carolina law (G.S. 133-32), this is not intended to prevent the
receipt of honorariums for participating in meetings, advertising items or souvenirs
of nominal value, or meals furnished at banquets. This does not prevent District
employees who are members of professional organizations from participation in all
scheduled meeting functions available to all members of the professional
organization attending the meeting, nor does it prohibit customary gifts or favors
between employees or officers and their friends and relatives or the friends and
relatives of members of their household where it is clear that it is that relationship
rather than the business relationship which is the motivating factor for the gift or
favor. However, all such gifts knowingly made or received are required to be
reported by the donor to the General Manager if the gifts are made by a contractor,
subcontractor, or supplier doing business directly or indirectly with the District.
H. Political Activity
Any District employee may, during non-working hours, join or affiliate with civic
organizations of a partisan or political nature, attend political meetings, and advocate
and support the principles or policies of civic or political organization in accordance
with the Constitution and the laws of the United States of America and the State of
North Carolina. However, during his or her working hours at the District, no
employee shall:
1.
Engage in any political or partisan activity;
2.
Use official authority or influence for the purpose of interfering with or
affecting the result of an election or nomination for office; or
3.
Be required as a duty or a condition of employment, promotion, or tenure of
office to contribute funds for political or partisan purposes; or
4.
Directly or indirectly coerce or compel, or attempt to coerce or compel,
contribution for political or partisan purposes by another District employee;
or
5.
Use funds, supplies, or equipment of the District for political or partisan
purposes.
District employees whose principal employment is in an activity that is financed in
whole or part by loans or grants from the Federal Government are subject to the
Hatch Act (5 USC 1501 et seq.), and as such, may not be candidates for elected
office in a partisan election. Any violation of this section may subject the employee
to disciplinary action, up to and including dismissal.
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I.
Employee Handbook
Outside Employment
The work of the District takes priority over other employment interests of each
employee. All outside employment for salaries, wages, or commissions and all selfemployment must be reported to the employee’s Division Director before such work
is to begin. The Division Director and the General Manager will determine whether
the outside work would create a conflict of interest or otherwise be incompatible
with the District and may be deemed improper conduct and subject the employee to
disciplinary action, up to an including dismissal.
It is understood that when working off-duty, MSD is not responsible for worker’s
compensation or any other liabilities associated with working for a private company,
firm or organization.
J.
Religious Accommodation-Policy
MSD is committed to working to reasonably accommodate the religious beliefs or
practices of employees or applicants, unless doing so would impose an undue
hardship upon the agency.
It is the employee/ applicants responsibility to make management aware of their
need for an accommodation. MSD will meet with the employee/ applicant to discuss
and understand the requested accommodation.
After a full discussion of the request, if an accommodation can reasonably be
granted, it will be implemented. If MSD cannot make a reasonable accommodation
the employee/ applicant will be advised of that decision.
K. Nepotism
The employment of immediate family members in the same traditionally recognized
department, division, or operating unit is not permitted if such employment will
result in one member supervising the other or occupying a position that has
influence over the other’s employment, promotion, salary, or related management or
personnel considerations.
For purposes of the paragraph above, “immediate family” means: spouse, parents,
grandparents, siblings, children, nieces, nephews, cousins, aunts, uncles, and the
various combinations of half, step, in-law, adopted relationships that can be derived
from those named and live-in partners.
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L. Fraternization
In the interest of avoiding any appearance of favoritism, preferential treatment, or
conflict of interest, this policy has been developed to address dating in the workplace
between Management and hourly employees. Employees are expected to disclose to
Management, or Human Resources any close personal relationships (i.e. dating,
intimate relationships) with other employees in the same work area. Failure to do so
will lead to disciplinary action. Normally, if these relationships come into existence
after employment, an attempt will be made to transfer employees to comparable (but
separate) positions to avoid any appearance of favoritism, preferential treatment, or
conflict of interest. If a transfer is not possible, the employees may be requested to
decide among themselves which individual is to resign. If the employees are not able
to make a decision about who is to resign, the District may take appropriate action,
which can include requiring both employees to resign or requiring one of the
individuals to resign based on a neutral factor such as seniority. Any involvement of
a romantic nature between a member of Management and anyone he/she supervises,
either directly or indirectly, is prohibited. Violation of this policy may lead to
corrective action up to and including termination of the management individual
involved in the relationship. It is not possible to anticipate fraternization that may
relate to the District’s business, but we can provide some general guidelines.
Further, when in doubt, please ask before you act. You should feel free to discuss
this policy at any time with your immediate supervisor or the Human Resource
Department.
M. Off-Duty Conduct
The District always seeks to respect the privacy of its employees. At the same time,
the District reserves the right to regulate off-duty conduct and to discipline
employees for off-duty conduct which may impair the individual’s effectiveness as a
public employee. When an employee is traveling (and staying overnight) on district
business, the employee is not considered to be off-duty at any time.
N. Support for Military
We fully recognize, honor and enforce the Uniformed Services Employment and
Reemployment Rights Act (USERRA). Our managers and supervisors will have the
tools they need to effectively manage those employees who serve in the Guard and
Reserve. We appreciate the values, leadership and unique skills service members
bring to the workforce and will encourage opportunities to hire Guardsmen,
Reservists and Veterans. We will continually recognize and support our country’s
service members and their families in peace, in crisis and in war.
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O. Taping of Conversations
The District encourages free and open discussion and communication between
employees to maximize efficiency of the work and to minimize disruption in the
workplace. The District believes recording of conversations by tape or other means
is disruptive and inhibits free and open communication and discussion between
employees. Accordingly, the District adopts the following policy regarding the
taping of conversations.
Tape recording of conversations of District employees is prohibited. An employee
may, with the consent of the individual whose conversation is being taped, tape a
counseling session with a supervisor concerning conduct, performance or behavior
relating to or arising out of the work of the District.
P. Open Door Policy
MSD has adopted an Open Door Policy for all employees. This means, literally, that
every manager's door is open to every employee. The purpose of our open door
policy is to encourage open communication, feedback, and discussion about any
matter of importance to an employee. Our open door policy means that employees
are free to talk with any manager at any time.
1. Before You Pursue the Open Door Policy:
Most problems can and should be solved in discussion with your immediate
supervisor; this is encouraged as your first effort to solve a problem. But, an
open door policy means that you may also discuss your issues and concerns with
the next level of management and/or Human Resources staff members. No
matter how you approach your problem, complaint, or suggestion, you will find
managers at all levels of the organization willing to listen and to help bring about
a solution or a clarification.
2. Rights Under an Open Door Policy:
If any area of your work is causing you concern, you have the right to address
your concern with a manager. Whether you have a problem, a complaint, a
suggestion, or an observation, the District’s managers want to hear from you. By
listening to you, MSD is able to improve, to address complaints, and to foster
employee understanding of the rationale for practices, processes, and decisions.
3. Protections of the Open Door Policy:
No penalties or punitive actions will be taken against an employee who, in good
faith, attempts to solve a problem.
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Employee Handbook
4. Benefits of the Open Door Policy:
By helping to solve issues, managers benefit by gaining valuable insight into
possible problems with existing methods, procedures, and approaches. While
there may not be an easy answer or solution to every concern, MSD’s employees
have the opportunity at all times, through the open door policy, to be heard.
Q. Whistleblower Policy
The Metropolitan Sewerage District of Buncombe County (MSD) is committed to
the highest standards of moral and ethical behavior by its employees involved in the
conduct of MSD business or expenditure of MSD funds.
MSD wishes to advise employees of their responsibility to report suspected
fraudulent activity or dishonest acts, as well as to report discriminatory or retaliatory
actions against an employee reporting suspected fraudulent activity, dishonest acts or
wrongful discrimination or retaliation.
1.
Fraud Prevention and Whistleblower Protection Policy
a.
MSD prohibits discrimination or retaliatory action against an
employee because the employee in good faith files, or threatens to
file, a claim or complaint, initiate any inquiry, investigation,
inspection, proceeding or other action, or testify or provide
information to any person with respect to the Worker’s
Compensation Act, the North Carolina Wage and Hour Act, the
Occupational Safety and Health Act of North Carolina, or any other
legal standard.
b.
MSD prohibits fraudulent activity or dishonest acts involving
employees, administrators, consultants, vendors, contractors, outside
agencies or other parties having a business relationship with MSD.
c.
The General Manager and all employees of MSD are responsible for
the prevention and detection of fraud, misappropriation, and other
inappropriate conduct, including discrimination or retaliatory actions
against employees who engage in protected activities or report
fraudulent activity or dishonest acts by covered individuals. As used
in this policy, the term “fraudulent activity or dishonest act” includes,
but is not limited to, the following:
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2.
•
A willful or deliberate act or failure to act by one of the
covered individuals, with an intention of obtaining an
unauthorized or inappropriate financial benefit for himself or
another person with whom he has a close familial, business or
other associational relationship;
•
Any dishonest or fraudulent act;
•
Forgery or alteration of a check, bank draft, or any other
financial document;
•
Misappropriation of funds, securities, supplies, or other
assets;
•
Impropriety in the handling or reporting of money or
financial transactions;
•
Accepting or seeking anything of material value from
vendors, contractors, or other persons providing services or
materials to MSD;
•
Using MSD funds to make unauthorized purchases; or
•
Authorizing or receiving compensation for hours not worked.
Retaliation Prohibited
a.
No person acting on behalf of MSD shall:
•
•
•
•
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Employee Handbook
Dismiss, or threaten to dismiss, any employee;
Discipline, suspend, or threaten to discipline or suspend an
employee;
Impose any penalty upon an employee; or
Intimidate or coerce an employee because the employee has
acted in accordance with this policy to in good faith report
the suspicion or detection of a fraudulent activity or
dishonest act by a covered individual. However, it shall also
be a violation of this policy for any informant to make a
baseless allegation of fraudulent activity or dishonest act that
is made with reckless disregard for the truth and that is
intended to be disruptive or to cause harm to another
individual.
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b.
Employee Handbook
Any fraudulent activity or dishonest act by a covered individual, or
discrimination or retaliation against a MSD employee for reporting
any fraudulent activity or dishonest act, or discrimination or
retaliation against a MSD employee for engaging in a protected
activity, shall be reported immediately to the General Manager, who
will conduct an investigation into the alleged activity, involving other
applicable personnel and law enforcement agencies as the General
Manager deems necessary or appropriate.
An employee found to have engaged in any dishonest acts or
fraudulent activity, or who is involved in discriminating or retaliating
against a person who reports such activity or otherwise engages in
protected activities, is subject to disciplinary action for misconduct by
MSD dismissal and referral to the Buncombe County District
Attorney for prosecution, depending on the circumstances. Any
dishonest act or fraudulent activity by a non-employee, covered
individual may be referred to the appropriate law enforcement agency
or Buncombe County District Attorney for investigation and
prosecution.
c.
Any employee of MSD who has a reasonable basis for believing a
fraudulent activity or dishonest act has occurred or is occurring has a
responsibility to promptly notify the General Manager or any
Division Director, and the failure to do so may be considered
misconduct by MSD, depending on the circumstances.
d.
Other individuals may report suspected fraudulent activity or
dishonest acts by a covered individual, anonymously by sending
written notice in a sealed envelope to the General Manager or Board
Attorney. Depending on the classification of the covered individual
about whom the fraudulent activity or dishonest act is alleged, the
General Manager or General Counsel to the Board shall proceed, as
appropriate.
e.
An employee who believes that he has been discriminated or
retaliated against due to a good faith report of fraudulent activity or
dishonest act, or for engaging in a protected activity, shall be entitled
to file a grievance.
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CHAPTER 3
WORK CONDITIONS
Metropolitan Sewerage District of Buncombe County, North Carolina
Employee Handbook
Chapter Three
A.
Equal Opportunity Employment
The District is an equal opportunity employer and does not discriminate against
applicants or employees on the basis of race, color, religion, sex, national origin, age,
disability, or other legally protected status with respect to all terms, conditions, or
privileges of employment.
Harassment, retaliation, coercion, interference or intimidation of any applicant or
employee due to race, color, religion, sex, national origin, age, disability or any other
legally protected issue is prohibited. Any such conduct should be reported immediately
to a member of management or the General Manager.
The Human Resources Director is appointed as the Equal Employment/ ADA
Coordinator.
B.
Sexual and Other Unlawful Harassment
A.
Purpose:
1)
2)
3)
4)
B.
To establish policy prohibiting all forms of illegal harassment
To establish responsibilities and procedures for reporting harassment
To establish procedures and responsibility for investigating harassment
To establish appeals method for discipline
Policy:
1) Harassment disrupts the workplace. The Metropolitan Sewerage
District’s goal is to provide a workplace free of tension based on race,
religion, sex, gender, ethnicity, age, national origin, citizenship, disability,
pregnancy, or veteran status. All employees are prohibited from
engaging in harassment of any other employees or other persons in the
course of or in connection with their employment.
2) MSD fully supports enforcement of state and federal anti-discrimination
laws which provide that illegal harassment is prohibited.
3) Each employee is charged with conducting himself or herself in a manner
which represents the right of his or her fellow employees to work in an
environment free from harassment. All management employees have the
responsibility for ensuring the provision of a harassment-free workplace.
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C.
Employee Handbook
Definitions:
1) Harassment is unwarranted and unwanted verbal or non-verbal conduct
which threatens, intimidates, pesters, annoys or insults another person,
where such conduct has a purpose of effect of creating offensive,
intimidating, degrading or hostile environment or interferes with or
adversely affects a person’s work.
2) Sexual Harassment includes unwelcome sexual advances, request for
sexual favors and other verbal or physical advances of sexual nature.
3) Sexual Harassment also include threats or insinuations, either explicitly
or implicitly, that an employee’s employment, evaluations, wages,
advancement, assigned duties, shifts or any other condition of
employment or career development is dependent upon submission out or
rejection of sexual conduct.
4) Other Sexual Harassment which is prohibited in the workplace
includes but is not limited to:
• Offensive sexual flirtations
• Advances, propositions
• Verbal abuse of a sexual nature
• Graphic verbal comments about an individual’s body
• Sexually degrading words used to describe an individual
• Display in the workplace of sexually suggestive objects or
pictures
• Unwelcome touching or physical contact and
• Sexually oriented jokes, etc.
D.
Procedures:
1)
Any employee affected by such conduct or is witness to such
conduct, whether physical or verbal, should notify their Division
Director, or a member of the Human Resources staff as soon as
possible. Employees are not required to approach the person who is
harassing them, and they may bypass any offending member of
Management.
2)
Such notice shall preferably be in writing, signed by the employee so
as to more easily facilitate the investigation.
3)
All complaints shall be taken seriously and shall be fully investigated.
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4)
The Human Resources Director shall immediately investigate the
complaint by Interviewing, at a minimum, the complaining employee,
the alleged harasser, and any all witnesses named by the parties. In
the event that the Human Resources Director is the alleged harassed,
the General Manager will conduct the investigation.
5)
All claims and company investigations will be kept as confidential as
possible without compromising a thorough investigation.
6)
To effectuate a thorough investigation, the Human Resources
Director may seek the advice or assistance of the General Counsel.
7)
Upon completion of the investigation of the alleged harassment, the
Human Resources Director shall submit to the General Manager a
report setting forth the facts of the cases and a recommendation for
action.
8)
All investigative information, including witness interviews, should be
documented in detail having all witnesses review any statements and
supporting documentation and request that such witnesses sign any
statements.
9)
The results of the investigation and any disciplinary action, will be
communicated, by the General Manager, to the affected parties as
soon as possible.
E.
Disciplinary Action:
F.
Remedial Action:
G.
Retaliation Prohibited:
A finding that an employee harassed another employee or member of the
public may lead to a full range of disciplinary actions including termination of
employment.
Remedial action based on the findings of the investigation may include but
are not limited to the following: re-assignment, back pay, promotion, pay
adjustments, reinstatement and hiring adjustments, etc.
The District prohibits retaliation of any kind against employees, who, in good
faith, report harassment or assist in investigating such complaints. If an
employee feels he/she has been subjected to any form of retaliation, the
employee should report that conduct to their Division Director, or a member
of the Human Resources staff as soon as possible. Employees are not
required to approach the person who is retaliating against them, and they
may bypass any offending member of Management.
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C.
Employee Handbook
Workplace Violence Prevention Policy
The Metropolitan Sewerage District’s (MSD) is committed to preventing workplace
violence and to maintain a safe work environment. MSD has adopted the following
guidelines to deal with intimidation, harassment or other threats of or actual violence
that may occur on-site during work-related activities.
A.
Definitions:
1) An “act of violence” is any behavior that is intended or likely to be
perceived as intending to create a fear of bodily harm, actual physical
injury, or damage to a District asset.
2) “Zero tolerance” of violence means that an act of violence shall be
deemed unacceptable in any form. This conduct shall include, but not be
limited to, the following acts: implied, verbal, or written threats, stalking,
intimidation, or physical assault. Those who engage in such behavior will
be held accountable and dealt with in a manner consistent with
maintaining a violence-free workplace. Alleged violations of this policy
will be reviewed on a case-by-case basis, taking into consideration all
available facts and circumstances.
B.
Procedures:
1) All employees, customers, vendors and business associates should be
treated with courtesy and respect at all times. Employees are expected to
refrain from fighting, “horseplay” or other conduct that may be
dangerous to others.
2) Conduct that threatens, intimidates, or coerces another employee,
customer, vendor or business associate will not be tolerated. The District
resources may not be used to threaten, stalk or harass anyone at the
workplace or outside of the workplace. The District treats threats
coming from an abusive personal relationship as it does other forms of
violence.
3) Employees may report serious threats or any overt act of violence in a
timely manner to the Human Resource department, or any member of
management, and to encourage the reporting of other behaviors that may
indicate the potential for a violent act to be committed.
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4) The District will promptly and thoroughly investigate all reports of
threats of violence or incidents of actual violence and of suspicious
individuals or activities. The identity of the individual making a report
will be protected as much as possible. The District will not retaliate
against employees making good-faith reports of violence, threats or
suspicious individuals or activities. In order to maintain workplace safety
and the integrity of its investigation, the District may suspend employees
suspected of workplace violence or threats of violence, either with or
without pay, pending investigation.
5) Anyone found to be responsible for threats of or actual violence or other
conduct that is in violation of these guidelines will be subject to prompt
disciplinary action up to and including termination of employment.
D.
Weapon-Free Workplace Policy
To ensure that Metropolitan Sewerage District maintains a workplace safe and free
of violence for all employees, the District prohibits the possession or use of perilous
weapons on company property. A concealed carry permit does not supersede
company policy. Any employee in violation of this policy will be subject to prompt
disciplinary action, up to and including termination. All District employees are
subject to this provision, including contract and temporary employees, visitors and
customers on company property.
"District property" is defined as all company-owned or leased buildings and
surrounding areas such as sidewalks, walkways, driveways and parking lots under the
company's ownership or control. This policy applies to all company-owned or leased
vehicles and all vehicles that come onto company property.
"Dangerous weapons" include, but are not limited to, firearms, explosives, knives
and other weapons that might be considered dangerous or that could cause harm.
Employees are responsible for making sure that any item possessed by the employee
is not prohibited by this policy.
Based on reasonable suspension or reliable information, MSD reserves the right at
any time and at its discretion to search all company-owned or leased vehicles and all
vehicles, packages, containers, briefcases, purses, lockers, desks, enclosures and
persons entering its property, for the purpose of determining whether any weapon
has been brought onto its property or premises in violation of this policy. Employees
who fail or refuse to promptly permit a search under this policy will be subject to
discipline up to and including termination.
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This policy is administered and enforced by the Human Resources Department. In
the event that an employees’ vehicle or property needs to be searched, local law
enforcement will be contacted to assist. Anyone with questions or concerns specific
to this policy should contact the Human Resources Department.
E.
F.
Work Conditions
A.
Work Week and Hours. The workweek shall be 40 hours for all full-time
employees. Immediate Supervisor(s) may modify specific work hours and
days to meet necessary requirements.
B.
The pay week for the WWTP Operators starts at 12:01 AM on Sunday
morning and ends at 12:00 Midnight on Saturday, seven (7) days later.
C.
The pay week for ALL other employees starts at 12:01 AM Monday morning
and ends at 12:00 AM Midnight on Sunday, seven (7) days later.
D.
System Services employees, who as a result of continuously working hours
into Monday morning, will have those hours counted as overtime hours.
E.
Hours worked will be counted in the correct pay period
Promptness
All employees are expected to be prompt in reporting to work at the beginning of
their work shift (in uniform or attire appropriate to their respective jobs, and ready
to work), and to be prompt in returning from any meal or other absences from the
workplace.
The District expects regular attendance from its employees. This means that
workers must be at their appointed worksites on time each regularly scheduled work
period, fully able and ready to work.
Employment with the District assumes that all employees are available to work on a
consistent basis. An employee’s job may be jeopardized by frequent absenteeism or
tardiness. If an employee’s rate of absenteeism is excessive, the employee may be
subject to counseling and disciplinary action, as set forth in Chapter 4. Rather than
fail to appear at work on time, employees are expected to discuss with their
supervisor any problems they may have in reporting to work on time.
If an employee anticipates being more than 15 minutes late in returning or reporting
to work, the employee must notify their supervisor.
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G.
Employee Handbook
Inclement Weather
The Safety of the employee is the most critical issue during weather events. MSD will
make every effort to remain open during inclement weather. However, each
employee makes the decision to come to work or not based on conditions facing
them. The District provides service 24 hours a day, seven days a week, and 365 days
a year.
The General Manager may close operations for “nonessential” personnel, if he
believes weather conditions may impact employee safety. During severe weather if
the General Manager is absent from work then the Human Resources Director has
the authority to close operations. Should the General Manager, the HR Director, and
the Safety Manager be absent, then the Director of Construction is authorized to
close down nonessential operations.
A.
Pay & Leave Use
If a person cannot get to work during a weather event, they will be charged
compensatory time, annual leave, or be docked for the absence. Sick leave
shall not be used to compensate an employee during a weather event; see the
“Sick Leave” section for acceptable uses of “Sick Leave.”
In the event that the General Manager closes the District’s operations, at his
sole discretion, he may require employees to use compensatory time or
annual leave for the remainder of the shift; or pay ALL scheduled employees
for remainder of the shift; or any other procedure that he considers fair and
equitable.
Salaried employees who come to work, will be allowed additional time off at
their Director’s discretion.
Certain administrative employees (payroll, accounting, etc.) may be required
to report for work and will be transported by staff to MSD.
H. Press Release, Conversations with Newspaper
Reporters, or Other Media
The General Manager or Division Director shall speak for the District in all
contact with the news media. Any employee contacted by any member of
any news organization shall promptly direct the inquiry to the General
Manager.
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I.
Employee Handbook
Employee Dress Code and Uniform Policy
A.
Dress Code
Personal appearance and grooming play an important role in the image MSD
portrays to the public. MSD expects all employees to be clean, neat, and to
be dressed appropriately at all times. It is the responsibility of the Division
Director, or his/her designee, to determine if clothing is appropriate.
Employees will be notified if their dress is not appropriate, and may be asked
to change.
Beards, mustaches and hair should be clean, neat and trimmed. Extremes in
hair color, jewelry, clothing and general appearance should be avoided. Long
hair, beards, and dangling earrings which may create a safety hazard in the
workplace will be addressed by the employees Supervisor or Director. The
safety department will assist in identifying methods that allow the employee
to work safely. Any type of jewelry, including earrings, shall be tasteful and
not excessive. It is the responsibility of the Division Director, or his or her
designee, with cooperation of the Human Resources staff, to determine if
items are appropriate that fall outside of this policy. Employees will be
notified if their dress is not appropriate and will be asked to go home or
change clothes. If an employee requires a reasonable accommodation
regarding his/her dress for bona fide health and/or religious reasons, they
should contact their Supervisor or Director to discuss an exception to the
personal appearance guidelines.
B.
Uniform Policy
Uniforms, clothing and footwear, as well as the replacement of these items
due to normal wear or irreparable damage resulting from the performance of
official duties, may be furnished to District employees. The person’s job
duties will determine whether uniforms, winter wear or footwear is provided.
Uniforms or clothing will be issued for one of the following reasons: health
and safety of the public or employees, identification, protection of
employee’s personal clothing, or a neat and clean public image.
The type, style, and number of specific types of uniforms and/or clothing
will vary with the section and/or division and may be leased or purchased as
the situation dictates. In general, this policy only applies to field personnel.
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The District also makes available to all employees the appropriate safety
equipment, Personal Protective Equipment (PPE) or clothing.
The typical uniform allowances by division are shown below:
System Services employees are issued 11 shirts,11 pants, 2 jackets; winter
clothing 1 time per year, boots as needed (Supervisor approval); Supervisors
receive 5 pairs of jeans and shirts yearly; additional clothing as needed. SSD
uses a uniform service for cleaning.
The rest of the departments that purchase jeans or shirts for its’ employees
are WWTP, Fleet, P&D, R.O.W, Building Trades, Construction, Purchasing/
Warehouse staffs, who get 5 jeans & shirts. Design staff gets 3 jeans & shirts
each year. Other departments purchase clothing as approved by the Division
Director.
Issued clothing must be worn while on duty. It is each employee’s
responsibility to keep their uniform/items clean, neat and only wear such
items while on duty. Please keep in mind that you represent the
Metropolitan Sewerage District. Issued uniform clothing is not to be worn
off duty except to and from work except for minimal personal use. Lost
uniform/equipment may be charged to the individual employee. Worn or
damaged uniforms are to be turned in to your supervisor for replacement on
an annual basis. Upon terminating your employment with the District, all
uniforms and equipment must be turned in to your supervisor prior to
receiving your final paycheck. If you fail to turn in your uniform or
equipment, the cost of the uniform and/or equipment may be deducted from
your final paycheck.
J.
Safety
The mission of the Environmental Health & Safety (EHS) Department is to:
help employees work safely; ensure the District’s legal compliance with
OSHA, DOT, and EPA; reduce and eliminate personal and property losses;
heighten employee awareness of health and safety in the District.
MSD’s goal is to eliminate avoidable personal injuries and accidents through
compliance with applicable federal, state, local and MSD rules and
regulations governing health and safety. To that end, the MSD has
developed a Health and Safety Program to provide its employees with safe
and healthy working conditions, appropriate protective equipment and
instruction regarding safe working practices.
The District places a high priority on safety. Sacrificing safety in order to
save money or complete a task more quickly is unacceptable.
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A. Disciplinary Procedures:
MSD is extremely concerned with employees’ safety practices on the job. We
spend a significant amount of time training and re-training on Personal
Protective Equipment and Safety procedures on the job.
Should an employee violate a safety rule or procedure, they may be warned,
counseled or disciplined, depending upon the severity of the violation, up to
and including termination of employment.
K.
Fire and Evacuation Procedures
If a fire is discovered the employee has to make a judgment if it is small
enough to be extinguished with hand held devices. If the fire is too big, pull
the fire alarm and evacuate the building. When in doubt pull the alarm.
Emergency escape routes have been designated and are posted throughout
each MSD facility. In the event of an emergency, all employees will be
evacuated and accounted for. As employees arrive at the designated meeting
area, it is the responsibility of each supervisor to account for all employees.
The supervisor will report to the Emergency Coordinator, the identity of any
employee who is not accounted for. The Emergency Coordinator will
account for all contractors and/or visitors on site at the time of the
emergency. Isolated areas such as rest rooms and locker rooms will be
searched by designated staff. Employees who have evacuated the building
are instructed not to re-enter the building until the Emergency Coordinator
announces that the evacuation is over and the building is safe.
The following procedures are to be followed in the event of a structural fire
on MSD owned/leased facilities.
1.
When a total evacuation of a facility on the main campus is
required, the employee parking area between Fleet and the Mull
building will be the common meeting ground. The parking lot
nearest to the entrance gate of the Treatment Plant will be the
common meeting ground if an evacuation is required at the
Treatment Facility. The sidewalk outside the entrance gate is the
common meeting ground if the Maintenance Building is
evacuated. Notification to evacuate will be by use of the fire
alarm signal. Designated employees will assist any handicapped
employees to assure their safe egress from the building.
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2.
Sounding the alarm will notify employees to evacuate
immediately.
3.
Following pre-designated routes, employees will vacate their
work areas in a safe and timely manner. If they find their primary
route is blocked by the fire, spill, etc., the employees will then
follow the assigned secondary route.
4.
Once employees have arrived at the designated meeting area, the
supervisor and/or designee will account for all employees.
5.
Employees and visitors will not be allowed to enter the facility
until the emergency has passed as directed by the Emergency
Coordinator, or designee.
Emergency evacuation drills will be scheduled on an annual basis.
L.
MSD Drug Free Workplace Program
The Metropolitan Sewerage District (MSD) is committed to protecting the safety,
health and wellbeing of all employees and other individuals in our workplace.
The Drug Free Workplace Policy covers all MSD employees and applicants for
employment. MSD intends to provide a safe and drug-free work environment for
our customers and our employees. The policy conforms with our philosophy and
also includes certain testing requirements and procedures for employees with a
Commercial Driver License, established by the U.S. Department of Transportation
and the Federal Highway Administration.
A.
Employee Assistance Network (EAN)
Employees with substance abuse problems are encouraged to voluntarily
seek help. Employees may self refer themselves to a medical facility.
Absences under this process will be handled in accordance with the FMLA
and Absenteeism policy.
Any employee voluntarily seeking help from management will be referred to
the Employee Assistance Network. MSD believes an employee who comes
forward to report a substance abuse problem should be encouraged to
participate in a counseling, treatment or rehabilitation program. Employees
who avail themselves of this program are subject to random testing, at the
District’s determination, for up to 5 years after successful completion of the
program.
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Employees who successfully complete a rehabilitation program will not be
penalized for their participation. However, any future violations of this policy
will result in further disciplinary action including termination of employment.
1. MSD explicitly prohibits:
a) The use, possession, solicitation for, or sale of narcotics or other
illegal drugs, alcohol, or prescription medication without a
prescription on the MSD campus or while working.
b) Being impaired or under the influence of legal or illegal drugs or
alcohol on or away from the campus or customer premises, if such
impairment or influence adversely affects the employee's work
performance, the safety of the employee or of others, or puts at risk
the District’s reputation.
c) The presence of any detectable amount of prohibited substances in
the employee's system while at work, while on the premises of the
District or its customers, or while on District business. "Prohibited
substances" include illegal drugs, alcohol, or prescription drugs not
taken in accordance with a prescription given to the employee.
B.
Drug & Alcohol Testing
The Company will conduct drug and/or alcohol testing under any of the
following circumstances:
•
PRE-EMPLOYMENT: A candidate selected for employment
will be tested for illegal substances. The test may consist of a
single-use test device or “quick test”. A “positive” or “dilute
specimen” result, without satisfactory medical approval, will
cause the employment offer to be withdrawn.
•
RANDOM TESTING: For all Safety Sensitive* positions:
CDL drivers, Excavators, Supervisors, Crew Leaders,
Directors’ of Construction/ Technical Services/ WTP, WTP
Maintenance Manager, WTP Operations Manager, WTP
Maintenance Electricians & Mechanics. Fleet Mechanics &
Manager and Safety Manager.
*Safety Sensitive jobs are those such that a failure to properly perform the
function would put the employee, or others, in risk of physical injury.
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•
REASONABLE SUSPICION TESTING: MSD management
may ask an employee to submit to a drug and/or alcohol test at
any time it feels that the employee may be under the influence of
drugs or alcohol, including, but not limited to, the following
circumstances: evidence of drugs or alcohol on or about the
employee's person or in the employee's vicinity, unusual conduct
on the employee's part that suggests impairment or influence of
drugs or alcohol, negative performance patterns, an arrest, or
excessive and unexplained absenteeism or tardiness. Testing for
current employees will be performed by an approved laboratory.
•
POST-ACCIDENT TESTING: Any employee involved in an
on-the-job accident or injury under circumstances that suggest
possible use or influence of drugs or alcohol in the accident or
injury event may be asked to submit to a drug and/or alcohol
test. "Involved in an on-the-job accident or injury" means not
only the person who was or could have been injured, but also any
employee who potentially contributed to the accident or injury
event in any way.
Drug testing is required when driving a District vehicle involving the
following:
a)
Loss of human life
b)
Driver received citation under State / local law for a
moving traffic violation arising from the incident.
c)
Bodily injury requiring medical treatment away from
the scene.
d)
Any vehicle towed from the scene.
•
RETURN TO DUTY TESTING: Employees must have a
negative drug test before they return to work following referral,
evaluation and treatment for a positive alcohol or controlled
substances test.
•
UNANNOUNCED FOLLOW-UP TESTING: Employees
are subject to follow up testing when returning to work following
referral, evaluation and treatment. A minimum of six (6)
unannounced tests will be required during next twelve months of
employment and they can be retested as directed by management
over the next 5 years.
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If an employee refuses a request to submit to testing under this policy, the
employee will be subject to appropriate disciplinary action, up to and
possibly including discharge from employment. In such a case, the employee
will be given an opportunity to explain the circumstances prior to any final
employment action becoming effective.
C.
Disciplinary Procedures
1. The unauthorized use, consumption, possession, manufacturing,
distribution, dispensing, or sale of alcohol, controlled substances,
illegal drugs or drug paraphernalia on MSD premises, MSD
vehicle or while working for MSD shall be grounds for
termination.
2. Conviction of the sale or possession of illegal drugs shall be
grounds for termination.
3. An employee who refuses to submit to, or fails to follow through
with a drug or alcohol test when testing is required by this policy,
will be subject to immediate termination.
D.
Positive Test Results
Any candidate selected for employment or employee who tests
positive for alcohol or a controlled substance will be notified within
30 days of the District’s receipt of the results.
Any employee testing positive for alcohol or a controlled substance
for the first time will be referred to the EAN.
Any employee with a second positive drug or alcohol test within five
(5) years of the first occurrence shall be dismissed from employment.
Any positive drug or alcohol test occurring more than (5) years after
a positive drug or alcohol test may be subjected to disciplinary action
under this policy, including dismissal from employment.
Any candidate selected for employment or employee who tests
positive for alcohol or a controlled substance has the right to request
a retest of a confirmed positive sample at the same or another
approved laboratory. Any candidate or employee who seeks a retest
must submit a written request within 90 days from the District’s
receipt of the positive results, specifying to which approved
laboratory the sample is to be sent. The candidate or employee is
responsible for all costs and expenses associated with the retest.
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All information regarding drug screen results will be maintained
separately in the employee’s medical file.
M. Accidents and Injuries
This program applies to all MSD employees, visitors, and guests. The purpose is to
establish the responsibilities for reporting, investigation and analysis of
accidents/incidents in order to implement corrective actions to prevent
reoccurrence.
All accidents will be reported to supervision immediately. In an effort to mitigate
hazardous conditions, documentation of the accident/incident will be performed as
outlined in this procedure.
Proper documentation and reporting procedures are necessary in the event that
Workers’ Compensation insurance is required. This concern is covered with all new
hires. All questionable cases shall be directed to the MSD EHS Manager and
reviewed with the employees regularly.
A.
Procedural Responsibilities:
Employees, when an accident/incident occurs will:
1. Take necessary and appropriate steps to prevent further injury.
2. Call 911 if necessary
3. Administer first aid as may be appropriate.
4. Notify their supervisor and Division Director.
5. Notify the EHS Manager (828-768-0212 cell)
6. Complete a statement describing their knowledge of
the accident/ incident
Supervisors: when an accident/incident occurs, or notification is
received of an accident/incident, the following procedure shall be
directed at all times:
MSD EHS Manager, when notified of an accident/incident will:
1. Coordinate further medical attention if necessary.
2. Assure appropriate reporting and investigations are conducted.
3. Complete an Accident Investigation Form or memo.
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Ensure corrective actions are taken to mitigate hazards or potential
hazards (e.g.: engineering controls, administrative controls, training,
personal protective equipment, etc.).
B.
General Accident Procedures:
1. Ascertains the details of the accident and the extent of any
employees injuries; renders first aid; calls 911 if necessary
2. Notifies Supervisor of injury or accident.
3. Supervisor coordinates care of the employee, either by assuring
that 911 has been called or directing that the employee be
transported to one of the Sisters of Mercy Urgent Care Centers, for
first aid and medical care.
4. Contact the EHS Manager 828-768-0212
5. Supervisor has employee complete and sign the top portion of
Accident/Incident Form in the Supervisor Safety Manual.
6. Supervisor completes and signs the bottom portion of the same
Accident/Incident Form.
7. EHS staff completes a Form 19.
C.
Vehicle Accident Procedures:
1. If people are injured call 911; do not move the person while
waiting for trained responders, unless they are in immediate, lifethreatening danger AND you can do so without putting your own life
in danger.
2. Turn on vehicle emergency lights and set traffic cones when
possible.
3. Do not move vehicle, unless it is a minor accident or it makes
sense to move it.
4. Call Supervisor, call EHS Manager 828-768-0212, call Fleet
Manager (828-768-0222)
5. While waiting for trained responders, attempt to get information
from the person, such as:
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•
•
•
•
Employee Handbook
What happened?
Are they taking any medication?
Location of pain or numbness?
Are they allergic to anything?
The patient may not be able to answer questions when the
responders arrive and you may be the only person who can get this
information.
•
D.
Once a trained responder takes control of the scene, assist the
responder to the best of your ability.
Documentation
1.
2.
MSD Supervisor Investigation Form
•
Any occupational injury or illness, which requires medical
treatment for other than minor first aid, requires the supervisor
and employee to complete a MSD Accident Investigation Form.
These forms are available in the Safety office. These forms are to
be completed as soon as possible, but no later than 24 hours after
the accident. Whenever possible, the MSD Safety Manager
should be contacted to coordinate care.
•
In emergency situations, employees can be taken to a Sisters of
Mercy Urgent Care location or to Mission/ St. Joseph’s
Emergency Room.
Occupational Safety and Health Administration Required
Documentation
•
3.
The Safety Office will locate, retain and maintain required
documentation per 29 CFR 1904, (e.g.: OSHA 300 Log).
Occupational Injury/Illness Medical Records
•
The injured/affected employee shall provide to the MSD Safety
Manager, all medical reports and records detailing the extent of
injury/illness, work restrictions, methods of rehabilitation and
probable return to work when available.
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E.
F.
N.
Employee Handbook
Investigation
1.
The MSD EHS Manager will conduct an investigation of the
accident/incident site as well as interviews of the area supervisor, the
affected employees and all witnesses. Photographs as appropriate
will be taken and sketches made.
2.
This investigation process will generate corrective action items to be
implemented to reduce and/or eliminate hazardous conditions.
Case Management
1.
It is the objective of case management to reduce the impact of injury
of both the employee and the work places.
2.
MSD will utilize light-duty whenever practicable to avoid lost-time
accidents. These work restrictions will be coordinated through the
EHS office.
3.
The attending physician will establish any work limitations. The
Division Director, HR staff and the supervisor’s will determine if
work is available.
4.
Worker’s Compensation payments and MSD pay questions will be
coordinated between EHS and Payroll.
Driver License Requirements
A.
Vehicle Driver License
ALL MSD employees are required to have a valid driver license of some
type. Most employees will have a class “C” license indicating they can drive
cars and small trucks. Other employees’ are required to possess a
Commercial Driver License (CDL), class “B” or “A.”
All MSD vehicle operators are required to abide by the accident procedure
described in the Safety Drug Testing policy.
Loss of License Notification:
Any employee who has their driver license suspended must NOT drive any
MSD owned vehicle. Further they must notify their supervisor as soon as
possible of the loss of driving privilege.
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B.
Employee Handbook
Commercial Driver License (CDL)
License Fees:
MSD will pay for the cost to obtain or renew a CDL license that is required.
MSD will pay for a learner’s permit. MSD will not pay for double trailers, or
Hazmat certifications, since we don’t use them in our work.
Training:
MSD will provide a vehicle and an Instructor/ mentor to assist employees in
earning a CDL license. This instruction will occur as part of the normal work
performed.
Medical Certification for CDL:
As a local government, MSD CDL employees are not required to have a
medical examination. MSD CDL drivers may choose either a) the
“EXCEPTED INTRASTATE” option, or b) “EXCEPTED
INTERSTATE” option, on the Medical Certification form provided by the
NC Department of Transportation. These options do not require the usual
medical examination for Interstate CDL drivers. Accordingly, MSD does not
pay for a CDL medical exam directly. Portions of the medical exam may be
covered by MSD’s medical insurance plan.
Secondary Driving Job:
If you have a CDL license outside the scope of your MSD job, you will have
to meet the normal criteria to keep your license.
O. Work Areas and Vehicles
Employees who are assigned a District-owned vehicle are required to maintain a
valid North Carolina Driver’s License. Certain jobs require a commercial driver’s
license. Employees are expected to have required maintenance work performed at
the Fleet Manager’s recommended intervals and will keep their vehicles clean and
presentable at all times.
If, while driving a MSD vehicle, or while driving a personal vehicle during the course
of conducting MSD business, an employee is involved in a traffic accident with a 1)
death, 2) person transported to the hospital, 3) vehicle is towed, or 4) a traffic ticket
for a moving violation issued, please contact the MSD Safety Manager immediately.
A drug test will be required if one of the above events occurs. The MSD Safety
Manager will respond to the incident, conduct an investigation, and follow up with
recommended actions to the District management.
MSD allows family members and friends to accompany an employee, in a MSD
vehicle, on work related travel outside the District, subject to the following
conditions:
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1.
Non-MSD employees are not allowed to operate a MSD vehicle,
2.
In the event of an accident, the responsibility for medical treatment
will be borne by whoever is found to be at fault,
Should an employee’s driver’s license be suspended or revoked for any reason, he or
she must report this to his or her immediate supervisor on the next working day.
The employee shall be prohibited from driving any MSD vehicle, or any personal
vehicle for MSD purposes, during any revocation or suspension period. In the event
the employee obtains a privilege license, the terms and conditions of that license
must be presented to MSD, at which time it shall be determined whether the
employee may continue to operate an MSD vehicle, or his or her personal vehicle for
MSD business.
The District Board, by resolution, shall designate individual use of district-owned
vehicles that are used for all emergency assignments.
The General Manager may approve other uses of MSD vehicles.
P.
Travel Policy
A.
Purpose:
This Travel policy intends to ensure that public funds are expended
prudently and effectively.
B.
Scope:
This policy applies to all District employees and Board members.
C.
General Instructions:
Any employee or Board Member traveling on District business is expected to
exercise the same care in incurring expenses that a prudent person would
exercise if traveling on personal business and expending personal funds. Any
unnecessary or unjustified cost will be the responsibility of the employee or
Board Member. A Travel Authority and Expense Request must be filled out
anytime an employee travels and remains overnight, travels out of state, or
requests a cash advance. All travel requests for employees must be approved
prior to departure. Employee travel requests are to be approved by Division
Directors and Board member travel requests by the General Manager. All
requests must be submitted to the Director of Finance for the pre-audit
function. The following procedures will be followed for travel:
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When travel is made by common carrier, travel arrangements must be made
prior to leaving with the instruction that the charge will be billed to MSD.
Due to regulations enacted by the airline industry, all ticket holders are now
required to show proper identification at check-in. It is no longer possible to
use the ticket of someone else. If MSD purchases an airline ticket for an
individual, who later decides not to travel, that individual will be responsible
for reimbursing the District for the cost of that ticket. This rule will be
waived in the event of a family emergency, illness, or other situations beyond
the control of the employee. Necessary travel will be accomplished by the
most economical means which is reasonably expeditious. If an employee
chooses to travel to/from a business destination and have a Saturday lay-over
for reduced airfare, lodging, meals, and a rental car shall be provided to the
employee, provided the cost is less than or equal to the cost if there is no
Saturday lay-over. Although not mandatory, employees are encouraged to
share rooms with other employees whenever possible.
Employees are encouraged to carpool or use District vehicles whenever
possible. Please refer to the State Motor Fleet Management Division vehicle
use policy at www.ncmotorfleet.com/mfmregs.pdf for all issues concerning
the use of District vehicles not addressed in this policy. Reimbursement for
use of personal vehicles, while attending meetings and conferences will be at
the approved IRS rate per mile in effect at the time of the travel. The IRS
rate covers all vehicle expenses except for parking and tolls.
The per diem rate for meals will be at the approved IRS daily per diem rate
of the destination city. If the destination city is not listed, please contact the
Accounting Manager for rate. Travelers may receive allowances for meals for
partial day travel according to the following schedule:
Breakfast: Departs prior to 6am
Lunch: Departs prior to 11am or return after 2pm
Dinner: Departs prior to or returns after 7pm
In the event of a partial day's travel, the rates are as follows: 20% of the IRS
daily per diem rate for breakfast, 25% of the IRS daily per diem rate for
lunch and 55% of the IRS daily per diem rate for dinner. Gratuities are
included in the meal reimbursement rate. Meals provided as a part of any
meeting or conference will be deducted from the daily allowance.
Employees on overnight trips away from MSD are encouraged to use their
MSD cell phone as long as they are in the calling plan area. For employees
traveling outside their calling plan area or who do not have a MSD cell
phone, one prepaid phone card for every three days on the road will be
provided. Please contact the Accounting Manager at least three days prior to
travel to make arrangements for obtaining a prepaid phone card.
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Reimbursement for baggage handling shall be limited to $1.00 per bag.
Reimbursement for hotel room service attendants shall be limited to $1.00
per day. Taxicab tips shall be included on the receipt. Business related
expenses shall be reimbursed at actual costs for faxes, business calls, etc. Any
personal expenses unrelated to the purpose of the travel activity will not be
reimbursed. Examples include alcoholic beverages, newspapers, movies, and
personal telephone calls. Room service is discouraged but allowable under
extenuating circumstances.
If you rent a vehicle while on District business, buy additional insurance
using the procurement card.
D.
Violation of Policy:
Violations of this policy by employees which are not corrected or satisfactory
explained to the Director of Finance will be reported to the General
Manager. In the case of the General Manager or Board members, the matter
will be referred to the Board Chairman and the District's legal counsel.
Unresolved violations may result in disciplinary action and/or
reimbursement to the District.
E.
Documentation:
A complete and accurate travel reconciliation report should be submitted to
the Finance Department within 10 working days after returning. Original
receipts for all expenses except meals should be attached to the travel
voucher.
F.
Questions and Clarifications:
Contact the Accounting Manager or Director of Finance.
Q. Americans with Disabilities Act Amendments Act
(ADAAA)
It is the policy of the Metropolitan Sewerage District of Buncombe County (MSD)
to afford equal employment opportunity to all qualified individuals with disabilities
as defined in the Americans with Disabilities Act in all employment-related decisions.
As part of this policy, MSD will work to seek reasonable accommodations for
applicants in the employment process, qualified employees with disabilities and for
applicants with disabilities who have been offered employment.
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MSD has long recognized that its employees are its most valuable asset. Accordingly,
it is District policy to support employees and candidates affected by mental or
physical impairments, which may limit their opportunities to be productive. It is the
District’s intent to provide support and assistance, consistent with the Americans
with Disabilities Act and business demands, within reason, to qualified individuals
who are disabled. As appropriate, MSD will attempt to eliminate barriers to
employment in order to afford all individuals opportunities to pursue available
employment to the extent of their abilities and talents.
The cooperation of all employees is expected and necessary to make this policy a
reality. Employees with questions about this policy, reasonable accommodation, or
who feel they have been treated unfairly because of a disability, perceived disability,
or record of a disability should contact the ADA Coordinator (HR Director).
A.
ADA Coordinator
The District has designated the Human Resources Director, or designee, to
handle issues related to the Americans with Disabilities Acts of 1990 and
2008 (collectively the ADA). All requests for reasonable accommodation,
auxiliary communication aids and services, alternative accessible formats for
notices, policies and other information, as well as complaints regarding the
District’s ADA program should be directed to the ADA Coordinator as
follows:
Human Resources Director
W H Mull Building
2028 Riverside Drive
Asheville, NC 28804
Telephone number (828) 225-8258
Facsimile number (828) 254-3299
jhemphill@msdbc.org
B.
Complaint Procedures
Complaints of alleged discrimination on the basis of disability by the District
may be filed by job applicants, employees and members of the general public
by using the grievance procedures set forth in Chapter 4.
The grievance procedures shall be distributed to members of the general
public upon request for persons with disabilities. Any complaints relating to
the ADA shall be considered confidential and kept separate from an
employee’s personnel file.
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C.
Employee Handbook
No Retaliation
Individuals who oppose any act or practice that is unlawful under any title of
the ADA, or who make a charge, testify, assist, or participate in any
investigation, proceeding, or hearing under the ADA will not be retaliated
against, nor will they be coerced, intimidated, threatened, or interfered with
in the exercise or enjoyment of any ADA right. Job applicants or employees
who may have a friend, associate or family member with a disability are also
covered by this ADA nondiscrimination policy pursuant to the ADA.
D.
Communicable Diseases
The District shall not exclude from employment, participation in programs
or receipt of services individuals with communicable diseases or a related
condition unless a determination is made by the General Manager that such
individual presents a direct threat or significant risk of substantial harm to
the health or safety of the individual or others that cannot be eliminated or
reduced by reasonable accommodation. It is the policy of the District to
consider the employment status or participation of an individual with a
communicable disease on an individual case-by-case basis and in accordance
with the ADA.
For the purpose of this policy, communicable disease means an illness due to
an infectious agent or its toxic products which is transmitted directly or
indirectly to a person from infected person or animal through the agency of
an intermediate animal, host or vector, or through the inanimate
environment, pursuant to G.S. 130A-133 (1). The term shall include, but is
not limited to: acquired immune deficiency syndrome (“AIDS”), AIDSrelated complex, human immunodeficiency virus (“HIV”) infection, hepatitis
A, B or C, and tuberculosis.
E.
Confidentiality of Medical Records
All information obtained by the District regarding an applicant’s or
employee’s disability, medical condition, request for reasonable
accommodation, or workers’ compensation shall be maintained on separate
forms and in medical files which are separate from the regular personnel
files. All medical files and records will be treated as confidential.
Access to medical information shall be given for the following reasons only:
1.
To supervisors who may be told only about work restrictions for
an applicant or employee;
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F.
Employee Handbook
2.
To first aid and safety officials where emergency treatment might
be required; and
3.
To government officials charged with enforcement of disability
laws, including the ADA.
4.
Human Resources staff and legal counsel on an “as needed”
basis.
Reasonable Accommodation
1) Definitions
Direct Threat to Safety - A significant risk to the health or safety of the
individual or others that cannot be eliminated by reasonable
accommodation.
Disability - A person is "disabled" under this policy if that person has a
physical or mental impairment that substantially limits him or her in
one or more major life activities.
Essential Job Functions - The basic job duties that an employee must be
able to perform in his or her assigned job, with or without reasonable
accommodation. Factors to consider in determining if a function is
essential include: (a) whether the reason the position exists is to
perform that function, (b) the number of other employees available
to perform the function or among whom the performance of the
function can be distributed, (c) the degree of expertise or skill
required to perform the function, (d) the time spent performing a
function, and (e) the consequences of not requiring that an employee
perform a function.
Qualified individual with a Disability - An employee or candidate with a
disability who has the necessary skill, education, experience and other
job-related requirements to perform the essential functions of a
position with or without a “reasonable accommodation.”
Reasonable Accommodation - Reasonable accommodation is any
modification or adjustment to a job, job schedule or the work
environment that will enable a qualified candidate or employee with a
disability to participate in the application process or to perform
essential job functions, or enjoy other benefits of employment
without imposing an undue hardship on the District or imposing a
direct threat of safety to the individual or others in the workplace.
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Examples of Reasonable Accommodation may include modifying
existing facilities used by employees readily accessible to and usable
by an individual with a disability; restructuring a job; modifying work
schedules; acquiring or modifying equipment; providing qualified
readers or interpreters; or appropriately modifying examinations,
training, or other programs.
Reasonable accommodation also may include reassigning a current
employee to a vacant position for which the individual is qualified; if
the person is unable to do the original job because of a disability even
with an accommodation and no other accommodations exist.
However, there is no obligation to find or create a position as an
accommodation. The District is not required to lower quality or
quantity standards as an accommodation; nor is it obligated to
provide personal use items such as glasses or hearing aids. The
District is not required to reallocate essential functions of a job as a
reasonable accommodation.
Undue Hardship - The point at which an accommodation would be
unduly costly, extensive, substantial or disruptive, or would
fundamentally alter the nature or operation of the business.
2) Process
a.
Reasonable Accommodation
MSD will make reasonable accommodations whenever
necessary for all qualified employees or candidates for
employment with disabilities (as defined by applicable law),
provided that (1) the individual is otherwise qualified to safely
perform the essential functions of the job and (2) such
accommodations do not impose undue hardship on MSD.
Where a job or work assignment is subject to health or
medical standards required for assignments or deployments in
support of the military, this Policy does not require
employment of an employee or candidate who cannot satisfy
those standards.
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b.
Employee Handbook
Requesting an Accommodation
If an employee has a disability that requires an
accommodation in order to perform the essential functions
of his or her job, or otherwise enjoy the benefits and
privileges of employment, he or she must initiate a request for
accommodation by contacting his or her direct
supervisor/manager, Human Resources Manager, or
Occupational Health Resources manager and identify an
adjustment or change at work that is needed because of a
disability.
c.
Candidates for Employment
If a candidate for employment has a disability that requires an
accommodation in order to apply for a job, he or she must
initiate the request for accommodation by contacting a
representative of Talent Acquisition and identifying an
adjustment or change in the application process or system
that is needed because of a disability.
3) Participating in the Interactive Process
a. An employee seeking an accommodation under this policy will
engage in an interactive dialog "the interactive process" with his or her
supervisor, manager, Director and Human Resource staff to identify
an accommodation that will allow the employee to perform the
essential functions of the job effectively or engage in other benefits
and privileges of employment that are enjoyed by similarly situated
employees without disabilities.
b. If the District is able to accommodate the request as a result of
the interactive process, without the need for supporting medical
documentation or other information, the employee does not need to
proceed with any further steps outlined in this process.
c. The ADA Coordinator (HR Director) has the responsibility to
secure a final decision about questions regarding the implementation
of an accommodation related to whether the medical condition is a
qualifying disability under the ADA. In the event that additional
medical information is needed to determine what accommodations
may be
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d. The employee must cooperate with Human Resources in
submitting necessary medical documentation and/or providing a
release of medical information that permits HR to communicate with
the employee's health care provider(s). The employee must return all
forms and responsive information within 15 days of the request.
Processing the request for accommodation may not proceed until all
required forms have been completed and returned to Human
Resources.
e. HR will review the completed Request for Accommodation
Forms received from the employee and/or the employee's health care
provider. If the information provided is incomplete or requires
further clarification, HR may request additional information from the
employee or his/her health care provider.
4) Determination
If, based on medical and other information provided by the employee
and/or his or her health care provider, the employee is determined to
be a qualified individual with a disability, HR will notify the
employee, supervisor and manager..
The Human Resources staff will work with the employee and the
department Director or manager to identify and discuss reasonable
accommodations that will enable the employee to perform the
essential functions of the job or to participate in the same benefits
and privileges of employment enjoyed by similarly situated employees
without disabilities.
In instances where there is no reasonable accommodation that
enables the employee to perform the essential functions of the job,
including unpaid leave and assignment to a vacant position, the
employee may be terminated.
5) Responsibilities
•
Employees/Candidates
Employees and/or candidates with a disability that interferes with
their ability to apply for a job, perform their essential job
functions or otherwise enjoy the benefits and privileges of
employment that are available to other similarly situated
employees without disabilities, and who desire an
accommodation, must follow the process set forth above. The
employee or candidate who requests an accommodation has the
responsibility to submit all required documentation on a timely
basis and to remain engaged in the interactive process with the
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District while a determination is being made. It is the employee's
responsibility to work with his or her supervisor/manager, HR
staff and qualified health care professional to review and
complete all forms required. Any failure by the employee to
supply the District with all relevant and requested medical
information or to otherwise meaningfully cooperate in the
interactive process may result in the District's denial of the
accommodation or delay in the process.
•
Managers
Management is responsible for ensuring that all employees under
their supervision are fully aware of the MSD Reasonable
Accommodation Policy and Equal Employment Opportunity and
Non-Discrimination Policy. When an employee requests an
accommodation, supervisors and managers must participate in
the interactive process with the employee to determine if a
reasonable accommodation can be made, with or without seeking
additional information about the employee's medical condition.
If Human Resources determines that an employee's medical
condition is a qualifying disability under the ADA, managers
must continue to work with the employee to identify existing
reasonable accommodations that will enable the employee to
perform the essential functions of his or her job.
•
Human Resources
Human Resources is responsible for determining whether an
individual is entitled to an accommodation under the terms of
this policy, assisting in the interactive process to identify
reasonable accommodations as necessary, and informing
employees of their rights and obligations pursuant to this policy.
They are responsible for ensuring appropriate confidentiality of
employees' and candidates' medical information, consistent with
the MSD policy and state & federal law.
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CHAPTER 4
DISCIPLINE
Metropolitan Sewerage District of Buncombe County, North Carolina
Employee Handbook
Chapter Four
A.
Discipline
The General Rules listed below are established to ensure efficient, safe, and smooth
operation of the Metropolitan Sewerage District. This list is intended to be
informative and illustrative, rather than exhaustive. The District expressly reserves
the right to discipline an employee for any action (whether or not set forth below),
that, in the Division Director’s sole discretion, conflicts with the interests of the
District.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Absenteeism/Tardiness;
Improper use or abuse of sick and disability leave;
Unexpected absence from duty;
Failure to perform assignments or meet agreed-upon deadlines;
Discourtesy or abusive language to staff, supervisors, public officials, or
members of the public;
Involvement in prohibited political activities;
Failure to notify supervisor promptly of completion of assigned work;
Failure to meet established quality standards;
Failure to wear prescribed safety equipment, take necessary safety
precautions, or adhere to the dress code;
Poor work performance;
Failure to follow prescribed work rules, policies or procedures;
Any other action which disrupts or impedes the business of the District;
Acceptance of any gift or favor from any contractor, subcontractor, or
supplier;
Misuse of District funds;
Conviction of any felony or of any misdemeanor involving moral turpitude
or dishonesty;
Falsification of information, records or documents (for example, use of a
time sheet to indicate the presence of an absent employee, or arranging for
another to use one’s own time sheet to indicate one’s own presence when
one is absent from work);
Willfully damaging or destroying District equipment or property;
Theft of property;
Insubordination;
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20. Intoxication during working hours by alcohol or by illegal use of drugs
(including the use, possession or distribution of drugs which are unlawful
under the Controlled Substances Act (21 USC 812) and the illegal use of
prescription drugs taken under the supervision of a licensed health care
professional); if an issue of a direct threat to the safety of the employee of
others may be involved, the employee is encouraged to disclose to his or her
supervisor the use of such prescription drug and why it must be used during
working hours;
21. Abuse or unauthorized use of District property, including the use of District
vehicles for personal use or business;
22. Making false statements concerning District business;
23. Disclosure of confidential District material;
24. Gambling of any kind during working hours or on District premises;
25. Acts of physical violence, or immoral or indecent conduct, regardless of
when or where committed;
26. Unauthorized or unlawful possession of explosive, firearms, or other
dangerous weapons on District premises;
27. Threatening, intimidating, coercing or interfering with employees or
supervisors of the District;
28. Violation of any policy or practice set forth in this manual;
29. Violation of any law, regulation or ordinance regardless of when or where
committed, and/or;
30. Any other action, which in the Division Director’s sole discretion conflict
with the interest of the District.
1.
Disciplinary Options
The District, in response to any employee’s action that the District or
Division Director’s believe warrants employee discipline, may take any of the
following actions, in any combination and in any order that the District, or
the Division Director deems appropriate.
a. Counseling of the employee by District Supervisor(s) or Division
Director, a copy of which will be placed in the employee’s personnel
file.
b. Issuance of an written warning to the Employee, a copy of which will
be placed in the employee’s personnel file (the employee will be
asked to acknowledge, in writing, receipt of the copy of the written
warning);
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(The District can suspend an employee with or without pay during
the pendency charge of a violation of law. By pendency, it is meant
that period between the time the individual is charged with a
violation and the time the matter is actually heard or tried).
c. Issuance of a second written warning to the employee, a copy of
which will be placed in the employee’s personnel file (the employee
will be asked to acknowledge, in writing, receipt of the copy of the
written warning), with suspension of the employee without pay, for a
period deemed appropriate in the Division Director’s and Human
Resources sole discretion. If the Division Director and Human
Resources deems an investigation to be necessary, the employee may
be suspended without pay pending an investigation of an allegation
of misconduct or pending a decision on termination by the Division
Director.
d. Immediate Termination of Employment.
e. Any employee who disagrees with the action taken may file a
grievance, as set forth in the “Grievance Procedure” of this manual.
B.
Termination of Employment
Separation and/or termination from positions with the Metropolitan Sewerage
District will be designated as one of the following:
1.
2.
3.
4.
5.
Death
Retirement
Resignation
Dismissal
3 Business Days – no show, no call will be considered
abandonment of the job
The Human Resources Department will be notified at the earliest possible time
concerning separation or termination in order that proper documents can be
handled.
All separating employees are required to complete the separation processes. The
Human Resources Department shall arrange for and conduct the separation process,
including the exit interviews.
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1.
Employee Handbook
Procedures for Termination of Employment
In the event of a death of an employee, the Division Director shall notify
Human Resources as soon as possible. All compensation, including vacation
pay, due to such employee, as of the effective date of separation, shall be
paid to the beneficiary of the employer, the surviving spouse of such
employee, or the estate of such employee, as may be determined by law or by
the applicable executed documents in the Personnel file of such employee.
An employee planning to resign from the Metropolitan Sewerage District
should submit a letter of resignation to the employing Division Director at
least ten (10) working days prior to leaving the employment of the District.
The letter of resignation will be forwarded to Human Resources. Human
Resources will proceed to complete removal paperwork, arrange for final
check, do an exit interview, and make any other arrangements necessary for
the employee’s removal, resignations prompted by emergencies, where
proper notice cannot be given will be handled as expeditiously as possible.
The retirement of an employee will consist of the voluntary separation of an
employee who has met the requirements of age and length of service under
the law governing the retirement plan. The employee planning to retire,
needs to meet with the Payroll/Benefits Manager to discuss retirement
benefits.
The District may terminate the employment of any employee with or without
advance notice to the employee, and with or without a reason, within the
bounds of applicable law, in the District’s absolute discretion (except those
employees with whom the District has entered into a written employment
contract for a definite term). The Division Director is the terminating
authority. Following dismissal, the employee is entitled to file a grievance;
the process is set forth in the manual.
2.
Exit Interviews
Before separation, all employees will have an opportunity to participate in an
exit interview with Human Resources. During the interview, the employee
may ask any questions concerning the employee’s status, final pay, etc. The
final payment will be in the form of a paper check and will be provided after
all keys, uniforms, identification, or other District property assigned to the
employee is turned in. The employee will be informed during the exit
interview of the right to file a grievance.
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C.
Employee Handbook
Grievance Procedure
1.
Purpose
The grievance procedure provides an adequate and fair means for resolving
matters of concern to employees of the District. A grievance is defined as a
condition subject to the control of the District, which materially affects the
employee’s ability to carry out the duties and responsibilities of employment
with the District.
2.
Coverage
This grievance procedure applies to all employees of the District, except
temporary/part time employees, (and it applies to applicants and members of
the public who wish to make a complaint with regard to ADA). NOTE: If
an employee has a sexual harassment complaint, the employee should follow
the procedures outlined in the Sexual Harassment Policy.
3.
Policy
Every covered employee shall have the right to present concerns or issues to
the employee’s immediate Supervisor/or Division Director, free from
interference, coercion, restraint, discrimination, penalty, or reprisal.
Concerns or issues raised by a covered employee, which do not materially
affect the employee’s ability to carry out his job, shall be resolved at the
Supervisor level.
Only grievances, as that term is described herein, which materially affect a
covered employee’s ability to carry out the duties and responsibilities of
employment may progress through the procedures set forth below, from the
immediate Supervisor/Division Director to the General Manager. The
grievance procedure is not appropriate for issues within management’s
discretion, including but not limited to, the establishment of pay and other
benefits, the scheduling and assigning of work, or the methods and
procedures by which such work is performed. If there is any question as to
whether a given issue is appropriate to proceed through this grievance
procedure beyond the immediate Supervisor level/ or Division Director, the
General Manager, in his sole discretion, shall make that determination.
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4.
Employee Handbook
Procedure
a.
Step One
An employee must file a written grievance setting forth with
reasonable particularity the facts giving rise to the grievance, with his
or her immediate Supervisor/or Division Director, with a copy to the
Human Resource Division, within ten (10) business days of the date
of the incident giving rise to the grievance. An appeal of a dismissal
shall be filed directly with the General Manager, with a copy to the
Human Resource Division. Otherwise, the immediate Supervisor/ or
Division Director shall meet with the employee within ten (10)
business days of receipt of the grievance (excluding days on which
the Supervisor/Division Director is away from the District on sick or
annual leave or business of the District) and attempt to resolve the
grievance informally. If informal resolution fails, the immediate
Supervisor/Division Director shall issue a written decision on the
grievance not later than ten (10) business days following the meeting.
b.
Step Two
If the employee is dissatisfied with the response from the
Supervisor/Division Director, or if the employee is filing a grievance
of a dismissal under Discipline Policy , the employee shall file a
written notice including all supporting documentation, with the
General Manager, with a copy to the Human Resource Division,
within ten (10) business days of the disputed action or termination.
Within an additional ten (10) business days of the General Manager’s
actual receipt of the grievance, the General Manager shall conduct an
impartial investigation of the grievance and render a written decision.
The calculation of time period excludes days on which the General
Manager may be away from the District, which may lengthen the
time for investigation, but in no event shall the investigation period
exceed 30 calendar days. The General Manager’s written decision
shall include specific findings made pursuant to the investigation of
the grievance.
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5.
Employee Handbook
Grievance Committee
If the employee is dissatisfied with the response from the General Manager,
the employee may forward the written grievance to the Chairperson of the
District Board, with a copy to the Human Resource Division, within ten (10)
business days of receipt of the Step Two decision. The Chairperson of the
District Board shall appoint a Grievance Committee, consisting of one or
more Board Members, to handle the appeal, and the Grievance Committee
shall have the authority to consider the employee grievance and recommend
a decision to the District Board. The Chairperson and District Counsel will
furnish the Grievance Committee copies of the Grievance Procedure and
time frame. The Grievance Committee will make a decision upon the appeal
within thirty (30) calendar days of receipt of the written appeal to the Board.
The Grievance Committee shall review all written documentation pertaining
to the grievance. In its sole discretion, the Grievance Committee may, but is
not required to, permit the employee and a representative of the District to
make a statement to the Committee in support or refutation of the grievance.
The Grievance Committee shall first make a determination regarding
whether the grievance procedure was properly followed by the employee and
the District. This may include a determination as to whether or not the
General Manager conducted an impartial investigation and whether or not
the employee had the opportunity to present evidence to the General
Manager in support of the grievance before the General Manager rendered a
decision. The Grievance Committee shall meet in closed session in
conducting its review of the grievance.
The Grievance Committee shall not be required to make findings as to the
merits of the grievance. At this initial proceeding, it is the obligation and
authority of the Grievance Committee only to determine whether proper
procedure was followed, and to determine whether a thorough and impartial
investigation was made by the General Manager.
At the conclusion of this initial proceeding, one of three options shall be
taken:
a.
If the Grievance Committee finds that the proper procedure
was followed, and there is no evidence that any investigation
into the merits of the matter is warranted, the Grievance
Committee shall then elect a Chairperson, who shall present
the findings to the District Board at its next regularly
scheduled meeting.
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Employee Handbook
b.
If the Grievance Committee finds that proper procedure was
not followed, the matter shall be returned to the General
Manager, with specific instruction on any procedural
deficiencies, and the General Manager shall re-investigate the
matter, in accordance with the Grievance Committee’s
recommendation. At the conclusion of the subsequent
investigation, the matter may once again be presented to the
Grievance Committee for determination as set forth above.
c.
If the Grievance Committee finds that proper procedure was
followed, but the case is one in which the Grievance
Committee determines the controversy justifies an evidentiary
administrative hearing, the Grievance Committee shall inform
the General Manager and the employee of the time and place
of the hearing. Prior to the hearing, if either the District or
the employee elects to have the hearing recorded, that party
must inform the Grievance Committee within three days of
the date of hearing. An evidentiary hearing shall consist of
the following:
1. The Grievance Committee shall elect a
Chairperson who will conduct the hearing. The
Chairperson shall have the authority to convene and
recess the hearing, place witnesses under oath, limit
the scope of the issues and testimony to be
considered, limit the time for presentation of each
parties’ case.
2. The employee is entitled to present his or her case,
including an opening statement, direct and cross
examination of witnesses, and a closing statement.
This presentation may be made directly by the
employee or through a representative.
3. A representative of the District is entitled to
present its case on behalf of the District, including an
opening statement, direct and cross examination of
witnesses, and a closing statement.
4. The Grievance Committee shall be entitled to
question the employee, the District representative, all
witnesses called by the parties, and any additional
witnesses the Grievance Committee may deem
necessary in order to assist in the final determination.
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Employee Handbook
5. Once the hearing is complete, the Grievance
Committee shall meet in closed session to make a
decision on the merits of the Grievance. Once a
decision is made, the Chairperson of the Grievance
Committee shall make written findings to the District
Board at its next regularly scheduled meeting.
During the pendency of the Grievance Committee’s decision, any employee
dismissed or suspended shall be deemed suspended without pay. If, however,
the Board determines the dismissal or suspension was in error, the employee
shall be reinstated. It is in the discretion of the Grievance Committee to
award back pay and any other suspended benefits to a reinstated employee,
dependent on the facts and circumstances of each particular case.
6.
Final Decision on the Grievance
Upon receipt of the recommended decision of the Grievance Committee, the
District Board shall be free to reject or adopt all or any part of the decision
or recommendations of the Grievance Committee. The actual discussion
and recommendations of the Grievance Committee shall be confidential. As
soon as practicable thereafter, the District Board shall make the final decision
and inform the General Manager and the Grievant, in writing, of the final
decision. The District’s Board resolution of the appeal shall be the final
action of the District.
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CHAPTER 5
EMPLOYEE
CLASSIFICATIONS
Metropolitan Sewerage District of Buncombe County, North Carolina
Employee Handbook
Chapter Five
A.
Definitions of Employee Status (FLSA)
1. Exempt employees – Salaried personnel who are categorized as “exempt” as
that term is defined and used in the State and Federal FLSA fair wage and hour
laws.
2. Non-exempt employees – Hourly employees who receive overtime
compensation subject to State and Federal FLSA fair wage and hour laws.
3. Regular employees – All exempt and non-exempt employees who have
satisfactorily completed their first six (6) months of employment with the
District.
4. Temporary employees – Full or part-time employees being employed for:
a) Hourly work on an as-needed basis;
b) Completion of specific job; or
c) A specific time period.
5. Full-time employees – Employees who work the standard workweek
established by the District.
6. Part-time employees – Employees who work for less than the standard
workweek established by the District.
7. Introductory employees – All full or part-time employees, during their first six
(6) months of employment with the District, shall be deemed “introductory
employees”.
B.
Recruitment Process
All vacant positions must be advertised by following the recruitment process below.
Promotions that do not result in a vacancy shall be approved by the Divisional
Director(s) provided job classifications have been previously approved by the
General Manager. Management reserves the right to transfer, realign, terminate, and
modify duties for the efficient operation of the District.
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1.
The Recruitment Process is as follows:
a.
Division Director notifies Human Resources of the vacancy.
b.
Human Resources posts job opening(s) internally for one (1) week,
with the exception of Division Directors and above, who will be
posted internally and externally at the same time. All internal
candidates will be interviewed.
c.
If an internal applicant is not selected, post externally for a minimum
of two (2) weeks at various locations
d.
Human Resources receive applications/resumes.
e.
Human Resources screens and forwards applications to the Hiring
Manager.
f.
Division Director or Hiring Manager notifies Human Resources of
which candidates to call for interview and submits written interview
questions for review to be approved by Human Resources
g.
Human Resources schedules interviews
h.
Division Director, Hiring Manager, and Human Resources interviews
candidate(s), and select potential employees.
i.
Human Resources complete background check and references.
j.
Once background checks are completed, Human Resources will
report information to Hiring Manager.
k.
Successful candidate notified by Human Resources.
l
Human Resources and Hiring Manager will agree to the starting pay
rate.
m.
Human Resources completes Payroll/Personnel Action Request.
n.
Human Resources will notify internal unsuccessful candidate(s);
external applicants will be notified by letter.
o.
Potential employees will respond verbally or in writing as needed and
provide a start date.
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Metropolitan Sewerage District of Buncombe County, North Carolina
p.
External candidates will be required to have a negative drug test prior
to employment, diluted or suspicious drug tests will result in
withdrawal of the job offer.
q.
If an internal applicant laterally transfers positions within the same
pay grade, there shall be no salary increases.
r.
If an internal applicant receives a promotion to a higher pay grade,
they are eligible for an increase up to 5% of their current pay or the
minimum salary for that pay grade range, whichever is higher, at the
time of upgrade. This employee will be on probation for six-months.
s.
2.
Employee Handbook
After the six-month probation period, the employee will have a
performance review. A pay adjustment may be made in accordance
with Division practice.
Introductory Period for New Employees
All new employees are expected to satisfactorily complete an introductory
period. The first six (6) months of employment is considered an
introductory period. An introductory period allows new employees to
become oriented to their jobs and surroundings, demonstrate their potential
abilities on the job and give their immediate supervisors an opportunity to
evaluate those abilities. This time also enables employees to determine if the
Metropolitan Sewerage District of Buncombe County is to their liking.
While the Metropolitan Sewerage District intends to develop all new
employees into regular employees, it reserves the right to terminate
employment without prior notice or other obligation.
The skills and knowledge that new employees bring to the Metropolitan
Sewerage District will be supplemented through a period of orientation and
training. The orientation is two-fold, including an administrative part and a
safety/supervisor’s part. Division Directors, Hiring Manager, and Human
Resources will evaluate the training needs of new employees and Human
Resources will schedule training in a consistent and cost-effective manner.
New Employee Orientation Process will include:
a) Company policies, and benefits
b) Introduction to MSD Divisions and Tour of Facilities
c) Safety Policy and Equipment Purchase
If the employee’s introductory period includes a cost of living adjustment or
merit increase, the cost of living will be granted but no merit increase will be
awarded.
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CHAPTER 6
COMPENSATION
Metropolitan Sewerage District of Buncombe County, North Carolina
Employee Handbook
Chapter Six
A.
Compensation & Pay Policy
1.
Administration:
The Human Resources (HR) Division is tasked with maintaining and
safeguarding employee information in personnel files and various software
packages. In addition, HR monitors pay for all MSD employees to assure
consistent application of the pay rules described below.
2.
Introduction:
MSD has a philosophy of paying employees competitive wages and benefits.
Our goal is to use a variety of tools to attract and retain highly qualified
employees. MSD uses a “market” approach and compares our self to a
variety of local and private employers and government agencies, similarly
situated utilities and national compensation trends.
Employees paid on a salaried basis, are exempt from coverage under the
FLSA, and payment for working more than 40 hours in a pay week is not
required. A director may grant administrative paid leave to salaried
employees who work excessive hours to complete a project. Time off, on an
hour for hour basis, will NOT be granted for salaried employees.
3.
Pay week:
The pay week for Plant Operators starts at 12:01 AM on a Sunday and ends
at 12:00 PM seven (7) days later, on a Saturday. The pay week for all other
MSD employees starts at 12:01 AM on Monday and ends at 12:00 AM seven
(7) days later, on a Sunday.
4.
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Chapter Six
Pay Procedures:
• Employees complete and sign off on a time sheet that lists hours
worked, annual or sick leave used, or compensatory time taken on
Monday after completing a pay week.
• Your pay is deposited on Friday, four (4) or Five (5) days after the
end of the pay week.
• Under no circumstances will hourly paid employees be allowed to
work “off the clock.”
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•
•
•
•
5.
Employee Handbook
Hours worked will be paid in the workweek they are earned. In
accordance with the Wage & Hours laws, hours worked and earned
in one pay week may NOT be moved to another pay week.
MSD requires that all employees maintain an account into which
their pay will be deposited. Checking or savings accounts at banks
and credit unions are acceptable.
A Pay Notice is generated for all employees that details the items
(taxes, insurance, FSA, 401k/ 457, etc.) and amount of deductions
from a persons’ pay.
The Pay Notice is usually distributed the day before the money is
deposited into your account.
Deductions:
MSD is required to deduct the following items from all employees pay:
• Federal & State Income taxes; NC Retirement System contributions;
Social Security; Medicare
• Vehicle usage
Optional Deductions:
• 401k/ 457 contributions
• Health, Dental, life insurances
• Loans for: 401K, computer/ technology; YMCA/ gym memberships
6.
Job Description:
Every job has a written JOB DESCRIPTION that describes the essential
tasks performed and includes educational requirements, training, work
experiences, and a variety of other items. Each job is evaluated and
compared to the other jobs at MSD. The job title is then placed in a schedule
of Labor Grades. Jobs requiring fewer skills and training are rated lower in
the schedule. The more complex jobs with increased training, education,
experience and judgment needs are placed into the higher grades of the
schedule.
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7.
Employee Handbook
Wage Comparison:
Periodically, at 5-10 year intervals, MSD contracts with an independent
consulting firm to conduct a wage & salary survey to assure that we remain
competitive and, as needed, adjust labor grades of jobs or career tracks.
8.
Checks & Balances:
Every transaction involving an employees’ pay is documented and signed by
the Division Director, or a designee, and a member of the HR staff. A copy
of the documentation is provided to the employee and placed in the
personnel file of the employee.
9.
Technical Incentives:
MSD recognizes that employees want to advance their pay and work at more
interesting and challenging jobs. To help employees reach their individual
goals, MSD provides rewards for significant technical trainings, earning
relevant licenses and certifications. These technical achievements contribute
to an employee’s personal advancement. MSD, in conjunction with the
employees’ goals, has developed career tracks for most positions. These
tracks describe the skills, certifications and time in grade necessary to earn
promotions and more money.
10.
NC State Certifications:
For Wastewater/Collection certifications: when employees (except
Engineers) pass certification exams for their profession above what is
required by the job description, the District will follow this policy:
Earning Grade 1 Collections Certification, No bonus received
Earning Grade 2 Collections Certification, receive $200.00 bonus
Earning Grade 3 Collections Certification, receive $300.00 bonus
Earning Grade 4 Collections Certification, receive $500.00 bonus
Engineers who earn a Grade 4 Collections Certification will receive
a $500.00 bonus
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Chapter Six
For Biological/ Waste Water Treatment Certifications: when employees pass
certification exams for their profession above what is required by the job
description, the District will follow this policy: Employees who earn a Grade
3 or 4 Biological/ Waste Water Treatment Certificate, will be granted a onetime cash bonus of 2.5% of their current salary.
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Employee Handbook
Any bonuses must be approved by the appropriate Division Director and/or
the General Manager, at their sole discretion.
The District will pay the employees to go to school and take the examination.
If an employee should not pass the examination, the District will pay the
employee to go to school and/or take the examination at the Director’s
discretion. The Director shall take into account prior performance, employee
motivation, work performance and any other relevant factors.
11.
Skill Based Pay:
The Building Trades department uses a Skill Based Pay (SBP) system that
compensates its’ employees based on demonstrated skill sets. This system
uses a “broad banding” approach that has a much wider range that combines
the minimum and maximums of several different Labor Grades. The
Manager of that group has developed and defined a specific matrix of tasks
and assigned points for each item. The employee’s demonstrated work
performance is documented and assessed against those criteria. The total
number of points is then compared to the range and a salary adjustment is
made. There are no time limits or anniversary dates. A person’s pay rate is
based on their progress towards various goals, as determined by their
immediate supervisor.
12.
New Hires:
MSD employees a variety of people requiring very different skills, education,
licenses, certifications and training. The type of job, as defined by the FLSA,
will determine whether the person is paid on an hourly or salaried basis.
13.
Initial Employment & 6 Month Evaluation:
When an employee is hired at MSD his/ her orientation includes a discussion
with their supervisor about immediate goals. At the completion of the
introductory period (6 months in the job), the supervisor completes an
evaluation of the person’s performance. The supervisor may recommend
termination of employment, extension of the introductory period for a
maximum of three (3) months or movement to regular employment
(allowing use of vacation or sick leave). If a recommendation for regular
employment is made, the employee is eligible for a pay increase of up to 5%
of their pay.
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Employee Handbook
If the probationary period is extended, the employee will be advised, in
writing, of the reasons for the extension. At the end of the extended
probationary period the employee will be advised as to whether he will be
retained or terminated.
14.
Promotions:
A “PROMOTION” is defined as a movement from one labor grade to a
higher labor grade. If a person is promoted within their career path, the
employees’ pay is usually increased by 5% or the minimum of the labor grade
of the job, whichever is larger. However, in unusual circumstances, the
Director may reduce the amount of the increase.
15.
Promotions to a job in a NEW career path:
Employees may be offered a promotion to a job that is significantly different,
and out of their normal career progression, than the work they previously
performed, i.e. Construction Worker to a Right of Way Agent. Under these
circumstances an analysis of the person’s skills and training, along with
internal equity and market conditions will be used to evaluate a reasonable
pay level.
Employees will be placed in a “6-month” probationary period to determine
their ability to do the new job. At the end of the 6 month period the
immediate supervisor will assess the employees’ performance, document it
through an evaluation and recommend: a) a pay adjustment of up to 5%, b)
extension of the probationary period, c) removal from the position, or d)
some alternative solution.
If the recommendation is to remove the employee from the job because of
their inability to perform the work, MSD will look for open jobs within the
organization. If there are no jobs open in the organization the employee may
be terminated. If a job is found in the District, the employees’ pay may be
adjusted commensurate with the job duties of the open position.
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16.
Employee Handbook
Demotions:
A demotion is defined as moving a person into a lower labor grade. A
demotion may occur because of person’s inability to do a job, a change in the
organizations need, a reassessment of the value of the position, or other
business circumstances. If the person is demoted, their pay will be adjusted
appropriately. Under no circumstances will a person’s pay exceed the
maximum of the range. If, because of prior management actions, an
employee’s pay is above the maximum of the range, they will not be eligible
to receive any cost of living adjustments, lump sum bonuses or other
compensation (except certifications) until the maximum of their jobs’ labor
grade exceeds their pay level.
Periodically the Board of Director’s may approve pay adjustments for the
workforce. The Board may approve a Merit, Market, Cost of Living or
miscellaneous adjustment to employees pay. The General Manager has the
authority set any employees pay rate at any time.
17.
Overtime Pay:
Hourly paid employees are covered by the Fair Labor Standards Act (FLSA).
As such if they work more than 40 hours in one workweek, the employee will
be compensated at time and ½ for hours worked in excess of 40 hours. Nonexempt employees have the choice of receiving pay/wages or accruing
equivalent compensatory time. Pay for sick leave, annual leave and holiday
pay are NOT counted towards the 40 hour threshold for overtime pay.
An hourly paid (non-exempt) employee who works on a holiday will receive
time and half, plus straight time for the hours worked.
18.
Compensatory Time Program
Non-exempt employees, except for Plant Operators due to the nature of
their work, may choose overtime (OT) pay or compensatory time (comp
time) for overtime hours worked.
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Employee Handbook
Comp time is earned at the rate of 1½ hours for each hour worked.
Employees may accrue a maximum of 80 hours. Overtime hours in excess of
80 hours will be paid in the next pay. A maximum of 80 hours may be carried
over into the following fiscal year.
Employees may request a quarterly “cash out” of all accrued comp time,
dates set by Payroll manager. Since comp time is accrued at 1 ½ times, the
payout will be paid at straight time rate. The comp time payout will be
included as part of the regular paycheck.
*Comp time will be used before annual leave is used.
19.
Pay above the Maximum of the Grade:
In the event that a proposed pay increase (COLA, merit increase, etc.)
exceeds the maximum of their Labor Grade, the employee will be
compensated for the amount above the maximum of the range, by
converting that amount to a lump sum ”bonus.” The bonus will be paid out
on the next pay date.
20.
Lightning Strikes:
MSD employs outstanding individuals. When an employee does something
that saves significant money, takes lifesaving action or does work outside
above their normal job duties, they may be rewarded with a one-time cash
bonus.
21.
Travel:
If employees travel on company business they shall be reimbursed in
accordance with the FLSA. Non-exempt employees will be paid for travel
hours if the travel occurs during their “normal work hours.” Employees who
drive a vehicle outside their “normal work hours”, will be paid for the
additional time driving, in accordance with the FLSA. Passengers in vehicles
traveling outside “normal work hours,” will not receive additional
compensation.
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Employee Handbook
Employees may receive a per diem allowance for travel & training. Any per
diem received by the employee is subject to IRS tax rules.
22.
Departmental Pay Practices:
Different departments at MSD have created pay practices that meet the
Districts needs and employees’ compensation expectations. See your
Director/ Time Keeper for a listing of the current “on-call” pay, emergency
call out, stand-by pay and other incentives.
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CHAPTER 7
BENEFITS
Metropolitan Sewerage District of Buncombe County, North Carolina
Employee Handbook
Chapter Seven
A.
Benefits
1.
Paid Annual Leave
a.
The Metropolitan Sewerage District provides all eligible employees
with periods of time off for rest and relaxation for the mutual benefit
of the employee and the District. Paid annual leave may also be used
by employees who are local volunteer fire and emergency medical
technicians, who are called to respond to an emergency call during
their working hours at the District, upon the approval of the
immediate Supervisor and if such employees have sufficient annual
leave accrued. All full-time regular and introductory employees shall
accrue paid annual leave on a pay period basis at the annual rates set
forth below:
Length of Service
Under 2 years
Over 2 years through 5 years
Over 5 years through 10 years
Over 10 years or more
b.
c.
d.
e.
Paid annual leave may not be taken until accrued. Actual annual leave
accrual shall be determined per pay period.
Part time and temporary employees shall not accrue annual leave.
Annual leave earned after an employee has accumulated the
maximum permissible amount will be converted to sick leave as of
June 30 each year. Annual leave balances of more than 320 hours
may be accumulated until June 30 of each year, on which day any
paid leave exceeding the maximum limits shall be converted to sick
leave.
Employees shall be granted the use of annual leave upon advance
written request or at those times otherwise designated by the
supervisor or his/her designee which will least obstruct normal
operations of the department. If an employee has scheduled
approved annual leave and is required to work due to an emergency,
then the employee may take the next available work day for annual
leave, subject to the approval of the General Manager or his designee.
Revised: May, 2015
Chapter Seven
Accrued Rate
3.08 hours per pay period (10 days per year)
3.70 hours per pay period (12 days per year)
4.62 hours per pay period (15 days per year)
6.16 hours per pay period (20 days per year)
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f.
g.
h.
i.
2.
No employee shall be entitled to use accrued paid annual leave until
his or her six- (6) month introductory period has been completed. To
avoid the abuse of leave privileges, the Division Director, in their sole
discretion, may place an employee on a status akin to the
introductory period wherein the employee may accrue annual leave
during such period, but may not be permitted to use any annual leave
for a period of six (6) months, unless denial of such annual leave
would create an unusual hardship on the employee in the sole
discretion of the General Manager. Any annual leave granted during
such period shall have the prior approval of the Divisional
Director(s).
Notification of the employee’s use of annual leave shall be forwarded
to the Payroll/Benefits Manager by the Division Timekeeper or the
supervisor. The Payroll/Benefits Manager will verify availability of
leave and, if the employee has not accrued the number of hours
requested, will promptly notify the Timekeeper or supervisor, who
will discuss the issue with the employee. Annual leave will be charged
against each employee’s annual leave balance in 30-minute
increments.
Upon separation from employment with the District, an employee
shall be paid for annual leave accumulated to the day of separation (at
the employee’s last prevailing hourly rate of pay), not to exceed the
maximum permissible limit (320 hours) set forth in this section;
provided, further, that upon the death of an employee, compensation
for accumulated annual leave within the maximum permissible limit
set forth herein shall be paid to the employee’s estate.
Annual leave rate upon rehire. If a former employee is rehired within
one (1) year, their benefits accrual levels will be reinstated to the
termination level rate; if a former employee is rehired after one (1)
year has passed, the benefits accrual rates will be set as if they were a
new employee.
Paid Sick Leave
a.
Accrued paid sick leave may be used by eligible employees for
absences due to the following reasons:
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Employee Handbook
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Employee Handbook
1)
Personal sickness, bodily injury, medical/dental
appointments, as reasonable accommodation for a disability
pursuant to the ADA, and, if employees so choose, for a
serious health condition of an eligible employee or such
employee’s child, parent or spouse as part of a Family and
Medical Leave.
2)
Pregnancy will be treated the same as other temporary
disabilities, and employees may, if they so choose, use all or
any part of their accumulated sick leave during a period of
parental leave, provided the sick leave is used prior to taking
leave without pay.
3)
Illness of a member of the employee’s immediate family, if
such illness requires the care or presence of the employee.
b.
No employees shall be entitled to use sick leave to care for a member
of the employee’s immediate family until his or her six (6) month
introductory period has been completed, however, employees can use
Authorized Leave Without Pay. For the purposes of this Paragraph
“d”, the term “immediate family” includes spouse, mother, father,
child, legal guardian, and legal dependent.
c.
Sick leave shall be accrued on a pay period basis by all full-time
regular and introductory employees at the rate of 3.70 hours per pay
period for all employees, and is accumulated without limit until used.
Sick leave will be charged against each employee’s sick leave balance
in 30-minute increments.
Part time and Temporary employees do not accrue sick leave.
Although employees in the first six (6) month introductory period with the District
accrue sick leave during that period, such employees shall not be entitled to take paid
sick leave until their six (6) month introductory period has been completed.
However, such employees may take compensatory time or unpaid leave for
legitimate sick leave purposes during their first six (6) month introductory period
with the approval of their Division Director.
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d.
Employee Handbook
It shall be the responsibility of the employee, prior to the beginning
of the employee’s work shift, to notify his or her supervisor or
designee of the use of sick leave. To avoid abuse of sick leave
privileges, the Divisional Director may require, as a condition of
approving paid sick leave, a certification from the employee’s health
care provider or other acceptable proof that the employee was unable
to work due to personal illness or the illness of an immediate family
member. If the employee has taken three (3) consecutive days of sick
leave and such employee has previously been counseled for abuse of
paid sick leave, such employee shall produce a certification by his or
her health care provider regarding the nature of such employee’s
illness, or similar information for the employee’s immediate family
member’s illness, as a condition of approval for paid sick leave.
If the Division Director, in their sole discretion, has reason to believe that an
employee is abusing sick leave privileges, the employee may be placed on a status
akin to the introductory period wherein the employee may accrue sick leave during
such period, but may not be permitted to use any paid sick leave for a period of six
(6) months, unless denial of such sick leave would create an unusual hardship on the
employee in the sole discretion of the General Manager. Any sick leave granted
during such period shall have the approval of the Division Director. If an employee
is placed on such introductory period status, the Division Director shall provide
counseling and a written notification to the employee.
e.
At the expiration of an extended period of sick leave, the District
may require that such employee provide certification from the
employee’s health care provider that the employee is able to resume
work. In any case in which the District has reason to doubt the
validity of the certification provided, the District may require, at its
expense, that the eligible employee promptly obtain the opinion of a
second health care provider.
f.
Failure to follow procedures and policies may result in the denial of
sick leave with pay and/or other appropriate disciplinary action.
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Employee Handbook
g.
Employees shall not be compensated for accumulated sick leave
upon separation of employment with the District. However, sick
leave shall be applied to the employee’s retirement account pursuant
to applicable rules and regulations of the Local Government
Employee’s Retirement System.
h.
Transfer and Reinstatement of Sick Leave from Previous
Government Employers
a) Employees with prior service in NC state government agencies
may transfer “Sick Leave” from agencies who participate in one of
the NC State Retirement systems to MSD, under the following
conditions:
•
•
•
•
The employee may not have been paid for the leave or
previously used it to establish credits/ retirement income
in the NC Retirement system;
The request to transfer sick leave will be documented by a
letter from the previous employer verifying the number
of hours that remained at the employee’s termination, and
received within 90 days of employment with MSD;
The request to transfer sick leave hours will be honored if
there is no more than 3 years “break in service” between
employment with MSD and the previous NC government
employer;
The employee may not use transferred sick leave until
they have completed their probationary period.
b) Reinstatement of Sick leave:
•
•
An employee who enters extended active duty with the
Armed Forces of the United States, the Public Health
Service, or with a reserve component of the Armed
Forces will be granted reinstatement rights provided
under the provisions of USERRA.
A former MSD employee, who is reinstated or rehired
within 3 years, shall have any accrued sick leave reinstat
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3.
Employee Handbook
Donated Leave
a.
Policy
An employee may request donated leave from fellow employees if
they are facing a prolonged absence from work and insufficient
accrued leave hours to pay him/ her during that time. Reasons, for
which the request may be granted, are listed below in 2 a, b, c.
b.
General Guidelines
A Committee, composed of the General Manger, Division Director,
HR Director and the current Chair of the Employee Advisory
Committee, will review the request, along with relevant documents,
and make a decision as to whether the donated leave request will be
allowed. An employee requesting leave will be required to sign a
release giving MSD permission to provide limited information with
regard to medical condition/need for leave.
Information presented to and used by the Committee in determining qualification of
this program shall be kept confidential.
If the request is granted, annual/ sick leave or compensatory leave may be donated
to a named employee. The hours donated by the employee shall be for the use of the
employee of their election only.
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•
A catastrophic illness of self or immediate family member
(mother, father, sibling, child, and/or spouse - as legally
recognized by the State of North Carolina), requiring life
threatening surgery or treatment, which has been documented
in writing by the attending physician.
•
An extended period of sickness or treatment for self or
immediate family member, documented in writing by the
attending physician.
•
Injuries or illnesses caused as a direct result of illegal acts on
the part of self or immediate family member, as previously
defined, will not qualify.
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Employee Handbook
To qualify for this program, an employee must anticipate being unable to attend
work for a minimum of thirty (30) calendar days.
*Elective, nonessential surgeries and/or treatments do not qualify under this
program.
c.
Eligibility
Participation in this program shall be based on the employee’s past
compliance with leave policies. All employees (other than temporary
employees) shall be eligible to participate, but no employee is
guaranteed a right to participate in this program.
d.
Application Procedure
An employee may request donated leave by making a written request
to the HR Director. Such request should include a description of the
medical condition and the estimated length of time needed to be on
leave.
e.
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Recipient Guidelines
•
In order to qualify for donated leave, an employee must have
40 hours of sick and/or annual leave days available, at the
time of the request. However, the employee must exhaust all
his/her available leave, and use the leave accruing while they
are out, before using donated leave.
•
Donated leave will be used as needed, one day at a time,
beginning first with the Division the employee reports to.
•
Participation in this program and use of paid time off under
this program shall end upon the recipient’s resignation or
discharge from District employment, or upon the death of a
currently participating recipient.
•
When the recipient has exhausted or anticipates exhausting
their donated leave, they may reapply for additional donated
leave.
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f.
Donor Guidelines
•
Leave is to be donated on a voluntary basis. No employee
shall be coerced or required, as a condition of employment,
to donate paid leave to any another District employee.
•
The amount of sick leave donated by an employee, cannot
reduce the donor’s sick leave balance below five (5) days of
sick leave. There is no corresponding prohibition regarding
the maximum amount of annual leave or compensatory time
that an employee may voluntarily donate
•
Employees donating leave will not receive remuneration for
the leave they donated.
•
Unused donated leave shall be returned to the donor on a pro
rata basis.
4.
Disability Leave & ADA Statement
Employees who are out of work due to a disability, (either physical or mental,
including medical disability because of pregnancy, childbirth or related
medical conditions), and who have exhausted accrued sick and annual leave
may be put on leave of absence without pay for reasons stemming from such
disability. Upon the employee’s return to work after disability leave, the
District will make reasonable accommodation for the employee’s disability
unless such accommodation would cause the District undue hardship in the
operation of its business. However, in all cases, each individual situation
shall be reviewed on a case-by-case basis in conjunction with the ADA and
workers’ compensation laws.
5.
Leave Without Pay
Upon the prior approval of the Division Director and the General Manager,
an employee may be granted a leave of absence without pay not to exceed 12
workweeks in any 12 month period for reasons including, but not limited to
exhaustion of FMLA Leave, personal or family illness, completion of
education or special work which would permit the District to profit by the
experience gained or the work performed, or such other reasons as may be
approved by the General Manager, in his sole discretion.
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Employee Handbook
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Employee Handbook
During any period of leave without pay, the employee shall be responsible
for paying his/her entire insurance premiums, shall not accumulate additional
sick or annual leave, and shall not be eligible for a merit increase.
6.
Military Leave
MSD will administer Military absences in accordance to the Uniformed
Services Employment and Reemployments Rights Act (USERRA).
•
Military Leave Assignment less than 90 days absence:
An employee who is a member of the National Guard or the Armed Forces
Reserve shall be granted military leave for required annual training, with
partial compensation. Such leave shall be granted for a period of seven
working days for Plant operators and ten working days for other employees.
If the compensation received while on military leave is less than the salary
that would have been earned during this same period as a District employee,
the employee shall receive partial compensation equal to the difference
between the base salary earned as a reservist and the salary that would have
been earned during this same period as a District employee. The effect will
be to maintain the employee’s salary at the normal level during this period of
seven or ten working days, respectively. Employees may be required to
produce verification of military pay.
If such military duty is required beyond this period of seven or ten working
days respectively, the employee shall be eligible to take accrued leave,
compensatory time (if available to the employee), or leave without pay, at the
employee’s option.
If possible a copy of military orders should accompany the request for leave
form.
While on military leave with partial pay or without pay, the employee’s leave
credits and other benefits shall continue to accrue as if the employee
remained with the District during this period.
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•
Employee Handbook
Military Leave Assignments more than 90 days:
An employee who is called to active duty or enlists will be treated as if he/
she is on an extended Leave without pay. If the employee completes their
military service in good standing, and notifies MSD and returns in
accordance with current time requirements will be reinstated to their former
job. Pay rates and benefits will be handled in accordance with current
USERRA guidelines.
B.
Policy Statement: Maximum Time Absent From the
Job
An employee may be absent from the job for a continuous period of time of six (6)
calendar months. The absences may be a combination of FMLA approved leave,
Sick, Vacation, compensatory time, Leave without Pay, or Holidays.
The General Manager may grant an additional period of 12 weeks of leave without
pay for a variety of valid reasons at his sole discretion.
Based on the employees’ skills and abilities, a light duty assignment, not to exceed
ninety (90) calendar days, may be granted, after the initial six (6) month absence, if a
return to the full time job is expected or anticipated within the additional ninety (90)
calendar days.
MSD will administer the maximum absences from work in conformance to current
MSD policies, FMLA and ADAAA guidelines. Decisions will be based on all
available, relevant medical information, the employees’ abilities and MSD job needs.
If the employee is unable or unwilling to return to work, their employment shall be
terminated. Employees terminated as a result of such an extended absence are
eligible for rehire at the discretion of the Division Director.
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C.
Employee Handbook
Holidays
1.
The following holidays are observed by the District:
a.
b.
c.
d.
e.
f.
g.
h.
i.
New Year’s Day
Martin Luther King’s Birthday
Good Friday (Easter)
Memorial Day
Independence Day
Labor Day
Veteran’s Day (optional)
Thanksgiving Day and the Friday after
Christmas Day, plus the workday immediately preceding and the workday
immediately following Christmas Day.
If the employee elects to observe Veteran’s Day, they must work one of the
“Christmas” holidays at regular pay.
If the holiday falls on the weekend, the holiday schedule will be altered and
employees notified.
If a holiday occurs while the employee is using annual, sick or other paid leave, shall
not be charged against the employee as annual, sick or other paid leave.
All administrative offices will be closed on holidays, although the Plant must be in
operation at all times.
D. Insurance
The Metropolitan Sewerage District provides medical, dental and life insurance to
employees to help defray their medical, hospital and dental expenses. Please refer to
the insurance booklet provided for employees for details on these insurance
programs. Health insurance is also offered to retirees until they reach the age of 65.
For further details, please discuss these plans with the Payroll/Benefits Manager in
the Human Resource Division.
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E.
Employee Handbook
Retirement
The District provides a general retirement plan to help eligible employees achieve
future financial security at retirement or permanent disability and to provide financial
benefit to an employees’ designated beneficiary in the event of his death during
active employment. The plan used is the North Carolina Local Government
Employee’s Retirement System.
All District regular, full-time employees participate in the North Carolina Local
Government Employees’ Retirement System. The system currently requires each
employee to contribute 6% of his earnings through payroll deduction. The system
also requires the District to make a contribution.
For additional information, please refer to the North Carolina Local Government
Employees’ Retirement System booklet, which is provided to all employees, or
contact the Human Resource Division.
F.
Optional 401(k) and 457 Plans
The Metropolitan Sewerage District enables all regular, full-time employees to
participate in a payroll-deduction savings plan at their option. The payroll-deduction
savings plans are 401(k) and 457. Employees who desire to participate in either of
these plans should contact the Human Resource Division.
For additional information, please refer to the 401(k) Supplemental Retirement
Income Plan of the North Carolina and the 457 booklets.
G.
COBRA Insurance Continuation Benefits
Under COBRA (Consolidated Omnibus Reconciliation Act), you and your covered
dependents have certain rights to continue specific insurance benefits should you
leave employment, either voluntarily or through dismissal, should you die, should
you divorce, or should a dependent become ineligible for any reason. Depending on
the circumstances you or your dependent may be able to continue your benefits for
eighteen (18) months, twenty nine (29) months or thirty-six (36) months.
Should you be eligible to remain on Metropolitan Sewerage District’s Group
Insurance Plan for this limited period of time, you would pay the total premium due,
plus 2% for administrative handling. If you have any questions about COBRA or if
you are leaving employment, contact the Human Resource Division to find out what
right you may have to continue your insurance coverage.
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Employee Handbook
H. HIPAA (Health Insurance Portability and
Accountability Act)
This Notice of Privacy Practices describes how protected health information (or
“PHI”) may be used or disclosed by the Metropolitan Sewerage District of
Buncombe County Employee Benefit Plan to carry out payment, health care
operations, and for other purposes that are permitted or required by law. This
Notice also sets out our legal obligations concerning your PHI, and describes your
rights to access, amend and manage your PHI.
PHI is individually identifiable health information, including demographic
information, collected from you or created or received by a health care provider, a
health plan, your employer (when functioning on behalf of the group health plan), or
a health care clearinghouse and that relates to: (i) your past, present, or future
physical or mental health or condition; (ii) the provision of health care to you; or (iii)
the past, present, or future payment for the provision of health care to you.
I.
Wellness Program
1.
Vision
Integrating health promotion into the organizational structure of our
company will ensure its future and continued success. The wellness
committee will be most successful if it’s aligned with MSD’s business goals
and practices. Time and time again programs have failed because they have
been viewed as extras or a nice “perk”. Four key components can help us
integrate health promotion into our organization:
a.
b.
c.
d.
Developing a mission and vision.
Coordinating an employee wellness committee.
Focusing on an overall goal.
Cooperating and integrating with other departments.
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2.
Employee Handbook
Mission
Employee involvement in the worksite health promotion program through
an active representative wellness committee will promote ownership of the
program at the “grass roots” level. The duties of the committee can range
from an advisory role to an actual program implementation role. Functions
of the committee will include brainstorming program ideas, planning,
promotion programs to coworkers, and assisting with program evaluation.
The Wellness Program will abide by all HIPPA requirements.
J.
Layoff Policy
MSD has a long and stable employment history. However, if circumstances require a
reduction in the number of employees, the procedure described below will be
followed:
a. MSD management will analyze the Districts needs and determine the
skills, certifications, licenses, abilities, etc, needed to operate in the
expected work environment;
b. Employees in the area of the needed reductions will be reviewed to assess
their skills, licenses, certifications, past performance, disciplinary actions
and any other relevant critical criteria;
c. Management will select the most qualified employees to retain. In the
event that two (2) employees are considered equal, the more senior
employee will be retained;
d. The least qualified employees will be identified and informed of their
potential for a layoff;
e. If more than 50 people or, 33% of the employees are affected; MSD will
comply with the requirements of the Worker Adjustment and Retraining
Notification (WARN) Act of sixty (60) days written notice of the action
to the affected employees and NC dislocated worker agencies;
f. Meetings to notify people of any job reassignments & pay adjustments,
benefits handling, any severance packages and any other issues;
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K.
Employee Handbook
Parental Involvement in School Activities
An employee may be granted up to four (4) hours of unpaid leave per year who is a
parent, guardian, or person standing in loco parentis of a school-aged child so that
the employee can become involved in school activities. The term “school” is defined
as any public or private grade school, preschool or child day care facility. Leave
under this section is subject to the following conditions:
a. The leave must be scheduled for a time that is mutually agreeable to the
employer and the employee;
b. The employer may require the employee to make a written request at least 48
hours before the leave begins; and
c. The employer may require the employee furnish written verification from the
child’s school that the employee attended or was involved in school activities
during the time of the leave.
L.
Bereavement Leave
The District provides paid leave of absence for up to three (3) business days in the
event of death in an employee’s immediate family; spouse, mother, father, child,
mother-in-law, father-in-law, daughter-in –law, son-in-law, brother, sister,
grandparents, grandchildren, legal guardian, and legal dependent. Employees who
need additional bereavement time off may use accrued annual or compensatory time
or request time off without pay.
M. Civil Leave/Jury Duty
Civil leave with pay will be granted when an employee is called for jury duty or as
witness for the Federal or State government or a subdivision thereof, provided
documentation will be given to his/her supervisor for each day served. No charge
shall be made against the employee’s accrued leave, and the employee may keep any
fees received for such duty.
When an employee’s obligation for jury or witness duty ends one hour or more from
the end of the employee’s normal work shift, the employee shall return to work for
the remainder of the work shift at the Director’s discretion.
Exception: An employee who is the plaintiff or defendant in private, civil or
criminal litigation shall not be entitled to paid civil leave but may take accrued annual
leave, compensatory time or leave without pay for necessary court appearances with
the prior approval of his/her supervisor.
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Employee Handbook
N. Employee of the Year Award
The District recognizes outstanding employees each year for several different groups;
System Services Division, Wastewater Treatment Division, and
Administration/Engineering Division. You can qualify for these awards based on
your attendance, work performance, conduct and safety.
O. Employee Assistance Network
Our current policy on the Employee Assistance Network procedures is as follows:
To aid in promoting a healthy work environment, MSD offers an Employee
Assistance Network to all employees and their families (immediate members of the
household). The purpose of this program is to assist employees in overcoming
problems of relationship or family distress; emotional, marital, financial, legal
difficulties, alcoholism, or other drug dependencies.
1.
Up to five (5) assessment/referral/problem solving sessions will be
provided at no cost to the employee or their family (immediate
members of the household). The exact number of sessions will be
determined by the Employee Assistance Network staff, based upon
the best interest of the employee or family member. There are no
limits to the number of requests for assistance per employee or
family member provided that the various presenting problems are of
a different diagnostic category as determined by the EAN staff.
2.
Behavioral problems which affect work performance and attendance
are legitimate concerns and employees are encouraged to use the
Employee Assistance Network voluntarily when they need
professional help or guidance.
3.
No employee will have his job security or promotional opportunities
jeopardized for participating in the program. Strict confidentiality is
essential to the success of this program and will be maintained.
4.
Participation in the EAN will not result in any special privileges,
regulations or exemptions from standard procedures applicable to
job performance. Nothing in this policy is to be interpreted as a
waiver of management’s right to maintain discipline or the right to
conduct disciplinary actions.
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1.
Employee Handbook
Supervisory Referrals:
A supervisor may utilize the EAN, in addition to normal disciplinary
procedures, to help correct performance related problems. A Supervisor
observing changes in employees’ work habits or behavior which results in
unsatisfactory job performance should follow the below referral process:
a.
All Supervisory referrals must be coordinated through the HR
Director, prior to being discussed with the employee.
b.
The Supervisory referrals should review the performance problem
with the employee; explaining why the level of job performance is
considered unsatisfactory, reminding the employee that the EAN is
available and emphasizing the EAN’s confidentiality, and document
the interview.
c.
No personal information will be shared by the EAN without the
signed release of information document, or unless there is a legal
requirement to share this information. The information shared by
the EAN and the District will be limited to:


P.
Attendance at the required EAN conferences.
The employee’s cooperation with the EAN’s
recommendations. The exact nature of these
recommendations will remain confidential.
FMLA (Family and Medical Leave Act) Policy
The Metropolitan Sewerage District will comply with the Family and Medical Leave
Act. The function of this policy is to provide employees with a general description
of their FMLA rights. In the event of any conflict between this policy and the
applicable law, employees will be afforded all rights required by law.
1.
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General Provisions
Under this policy, MSD will grant up to 12 weeks (or up to 26 weeks of
military caregiver leave to care for a covered service member with a serious
injury or illness) during a 12 month period to eligible employees. The leave
may be paid, unpaid or a combination of paid and unpaid leave, depending
on the circumstances of the leave and as specified in this policy. During any
12-month period, FMLA leave is measured from the first date leave is used.
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2.
Employee Handbook
Eligibility
To qualify to take family or medical leave under this policy, the employee
must meet all of the following conditions:
a. The employee must have worked for MSD for 12 months or 52
weeks. The 12 months or 52 weeks need not have been consecutive.
b. The employee must have worked at least 1,250 hours during the 12
month period immediately before the date when the leave is
requested to commence. The principles established under the Fair
Labor Standards Act (FLSA) determine the number of hours worked
by an employee. The FLSA does not include time spent on paid or
unpaid leave as hours worked. Consequently, these hours of leave
should not be counted in determining the 1,250 hours eligibility test
for an employee under the FMLA.
c. The employee must work in a worksite where 50 or more employees
are employed by the company within 75 miles of that office or
worksite. The distance is to be calculated by using available
transportation by the most direct route.
3.
Type of Leave Covered
To qualify as FMLA leave under this policy, the employee must be taking
leave for one of the reasons listed below:
a. The birth of a child and in order to care for that child.
b. The placement of a child for adoption or foster care and to care for
the newly placed child.
c. To care for a spouse, same-sex partner, child or parent with a serious
health condition (described below).
d. The serious health condition (described below) of the employee.
An employee may take leave because of a serious health condition that makes
the employee unable to perform the functions of the employee’s position.
This policy covers illnesses of a serious and long-term nature, resulting in
recurring or lengthy absences. Generally, a chronic or long-term health
condition that would result in a period of three consecutive days of
incapacity and a second visit to a health professional within 30 days of the
incapacity would be considered a serious health condition. For chronic
conditions requiring periodic health care visits for treatment, such visits must
take place at least twice a year.
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Employee Handbook
A “serious health condition” is defined as a condition that requires inpatient
care at a hospital, hospice or residential medical care facility, including any
period of incapacity or any subsequent treatment in connection with such
inpatient care or a condition that requires continuing care by a licensed health
care provider.
Employees with questions about what illnesses are covered under this FMLA
policy or under the company’s sick leave policy are encouraged to consult
with the Human Resource Director.

Qualifying exigency leave for families of members of the
National Guard and Reserves when the covered military
member is on active duty or called to active duty in support
of a contingency operation.
An employee whose spouse, son, daughter or parent either has been notified
of an impending call or order to active military duty or who is already on
active duty may take up to 12 weeks or leave for reasons related to or
affected by the family member’s call-up or service. The qualifying exigency
must be one of the following: 1) short-notice deployment, 2) military events
and activities, 3) child care and school activities, 4) financial and legal
arrangements, 5) counseling, 6) rest and recuperation, 7) post-deployment
activities and 8) additional activities that arise out of active duty, provided
that the employer and employee agree, including agreement on timing and
duration of the leave.
The leave may commence as soon as the individual receives the call-up
notice. (Son or daughter for this type of FMLA leave is defined the same as
a child for other types of FMLA leave, except that the person does not have
to be a minor.) This type of leave would be counted toward the employee’s
12-week maximum FMLA leave in a 12-month period.

Military caregiver leave (also known as covered service
member leave) to care for an ill or injured service member.
This leave may extend for up to 26 weeks in a single 12-month period for an
employee to care for a spouse, son, daughter, parent or next of kin who is a
covered service member with a serious illness or injury incurred in the line of
duty while on active duty. Nest of kin is defined as the closest blood relative
of the injured or recovering service member.
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4.
Employee Handbook
Use of Paid and Unpaid Leave
An employee who is taking FMLA leave because of the employee’s own
serious health condition or the serious health condition of a family member
must use all paid vacation, compensatory leave, or sick leave prior to being
eligible for unpaid leave. Sick leave may be run concurrently with Workers
Compensation Absences or FMLA leave, if the reason for the FMLA leave is
covered by the established sick leave policy.
5.
Recertification
MSD may request recertification for the serious health condition of the
employee or the employee’s family member no more frequently than every
30 days and only when circumstances have changed significantly, or if the
employer receives information casting doubt on the reason given for the
absence, or if the employee seeks an extension of his or her leave.
Otherwise, MSD may request recertification for the serious health condition
of the employee or the employee’s family member every six months in
connection with an FMLA absence. MSD may provide the employee’s
health care provider with the employee’s attendance records and ask whether
need for leave is consistent with the employee’s serious health condition.
6.
Procedure for Requesting FMLA Leave
It is the responsibility of the employee to request FMLA and provide
documentation. All employees requesting FMLA leave must provide verbal
or written notice of the need for the leave to the HR representative. Within
five business days after the employee has provided this notice, the HR
representative will complete and provide the employee with Notice of
Eligibility and Rights.
When the need for the leave is foreseeable, the employee must provide the
employer with at least 30 days’ notice. When an employee becomes aware of
a need for FMLA leave less than 30 days in advance, the employee must
provide notice of the need for the leave either the same day or the next
business day. When the need for FMLA leave is not foreseeable, the
employee must comply with MSD usual and customary notice and
procedural requirements for requesting leave, absent unusual circumstances.
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7.
Employee Handbook
Designation of FMLA Leave
Within five business days after the employee has submitted the appropriate
certification form, the HR representative will complete and provide the
employee with a written response to the employee’s request for FMLA leave.
8.
Intent to Return to Work From FMLA Leave
On a basis that does not discriminate against employees on FMLA leave,
MSD may require an employee on FMLA leave to report periodically on the
employee’s status and intent to return to work. Because the District wishes
to ensure the well-being of all employees, any employee returning from
FMLA leave for his/her own serious health condition will need to provide a
Fitness for Duty (FFD) statement signed by his/her treating physician. Any
employee who fails to provide an FFD statement will be prohibited from
returning to work until it is provided. An employee who fails to provide an
FFD certification may be disciplined or terminated.
Employees may be terminated if they fail to return to work after they have
exhausted their FMLA leave unless they are entitled to additional leave as a
reasonable accommodation under the Americans with Disabilities Act or in
accordance with District policy.
Q. Worker’s Compensation
The Metropolitan Sewerage District provides Workers’ Compensation insurance at
no cost to the employees. If an employee is accidentally injured or contracts an
occupational disease, as defined by the Workers’ Compensation Act, because of their
employment with MSD, employee’s medical expenses related to the injury or disease
may be paid through the program.
If an employee is unable to work, after a seven (7) calendar day waiting period, they
may receive a weekly benefit up to two-thirds of their salary, from the Workers’
Compensation Insurance Company, but not over the maximum established by the
State Law.
1.
Steps to be followed for Workers’ Compensation Claim
•
An employee must immediately report any job-related injury or accident to
their supervisor/manager who will complete the Accident/Incident Report.
The employee must also complete a claim of injury form if he/she is seeking
worker’s compensation benefits. These forms are to be available from the
Environmental/Health & Safety Manager.
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•
In the event that an employee requires off-site medical care and is not of an
extreme medical emergency, the employee should be sent to Sisters of Mercy
Urgent Care for treatment.
•
For extreme medical emergencies or during off-hours, employees should be
sent to the nearest emergency/trauma facility for treatment.
•
Medical services for work related injuries or diseases must be obtained from
MSD’s designated medical providers unless the injury is an emergency and
requires immediate attention and a designated provider is not available
•
The MSD Environmental/Health & Safety Manager must review the return
to work statement before an employee can return to work.
•
All forms related to the injury or illness will be forwarded to the MSD
Environmental Safety Director.
•
An employee unable to work may use accrued sick leave, compensatory time
or annual leave during the first seven-(7) calendar day waiting period.
•
If the injury results in a disability of more than 21 days, the Workers’
Compensation shall be allowed from the date of the disability at a rate
established under State law. All sick, compensatory or annual leave used
during the first seven (7) days in excess of the maximum allowed to
supplement the Workers’ Compensation payment will be returned to the
employee and income received from MSD in excess of the employee’s
regular salary will be refunded to MSD.
•
If an employee is able to work, they may seek necessary medical care during
work time. The employee will be paid during said time. If an employee's
medical care visits are out of their normal work schedule, they will not be
paid for said time.
•
Family coverage for medical and dental insurance premiums will not
continue if the employee is out on Workers’ Compensation for more than
seven (7) calendar days. Employees desiring continuance of benefits should
contact the Payroll/Benefits Manager for insurance premium payment
details.
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2.
Employee Handbook
•
MSD will attempt to place employees returning from Workers’
Compensation in their previous position provided they are
medically/physically capable (by a physician’s statement). If the employee is
unable to return to their previous job duties, they will be placed, if possible,
in a suitable position according to their qualifications and North Carolina
Workers’ Compensation Law.
•
A limited duty program will provide temporary limited duty for employees
who are restricted from their regular work, as prescribed by a physician or
other qualified medical professional. MSD will utilize employees in existing
jobs or needed work assignments only. See Safety Manual for more
information.
Limited Duty Policy and Procedures
a.
Employee Responsibilities
The employee will report directly to their Division Director or
Supervisor when returning to work.
The employee and Supervisor will discuss the limited duty options
available.
The Supervisor and employee will contact the Environmental/Health
& Safety Manager for limited work duty assignments located at other
areas of the District.
3.
Environmental Safety Director’s Responsibilities
The Environmental/Health & Safety Manager will maintain constant
communication with the employee and their physician while the employee is
out of work.
The Environmental/Health & Safety Manager will notify prior to the
employees return to work date and any limitations to their Division Directors
and Supervisor.
The Environmental/Health & Safety Manager will maintain a schedule of
needed work assignments at each division when available. This will provide
alternative work assignment options for the employee
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4.
Employee Handbook
MSD’s Responsibilities
The employee will be consulted on the limited duty work assignments
available to them at their current location. If the employee cannot perform
the limited duty work assignment in their current Division, they may be
offered a work assignment, when available, in alternative Divisions.
MSD will make an attempt to ensure that the employee has limited duty
work assignments available to them when returning to work.
If the employee is unable to return to their previous job duties, they will be
placed, if possible, in suitable assignment according to their qualifications and
the North Carolina Workers’ Compensation law.
If no limited duty work assignment is available, the employee may use
accrued sick/annual leave or leave without pay, until they return to work or
their employment is terminated.
R.
Tuition Assistance
It is the policy of the District to support employees’ efforts toward continuing
education which is job-related or career-related and which is attended during
employees’ non-working hours.
1.
Request for Assistance
All full-time District employees who have been employed with the District
for at least one (1) year are eligible to apply for tuition assistance. All
requests for tuition assistance must be submitted in writing to the Human
Resource Division for approval. After the request is submitted, the
employee will be advised in writing of the approval or denial of the request.
All requests are subject to the availability of District funds for such purpose.
The school or institution attended by the employee must be an institution
approved by the District as a condition of receiving approval for tuition
assistance. Approved institutions shall include accredited Colleges,
Universities and Technical Institutes.
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2.
Employee Handbook
Maximum Contribution
If the request is approved and if funds are available in the District budget for
such purpose, the District will pay up to a maximum of $400.00 for each
successfully completed course, toward eligible expenses, as specified on the
Tuition Assistance Application. Eligible expenses mean tuition, books,
lab/class fees and registration fees. If an employee is pursuing a degree from
an institution, the maximum allowable contribution will be limited to the cost
to obtain a degree from a North Carolina University or College.
3.
Continued Employment Requirement
The District expects employees to remain employed by the District for a
period of at least two (2) years after the successful completion of a course as
a condition of reimbursement by the District for eligible educational
expenses. If such employee voluntarily resigns from service with the District
within two (2) years from the date of the course completion the employee
shall reimburse the District for the financial contribution made for tuition
assistance. If the employee fails to reimburse the District prior to such
employee’s last day of employment, the authorization on the Request for
Tuition Reimbursement form shall allow the District to withhold the amount
of contributions to such employee’s education within the past year.
4.
Current Criteria:
The following conditions must be met in order to receive financial tuition
assistance from the District:
• The employee must have been employed by the District on a full-time
basis for at least one (1) year. Must submit application form to Human
Resources showing tuition cost and books, along with appropriate
signatures of approval. Documentation must be attached.
• The subject matter of the educational course must be job or career
related.
• The course must be attended during non-working hours with the
District.
• The school or institution must be approved by the District.
• Funding must be available in the District’s annual budget allocation for
tuition assistance. Assistance will be available to employees on a “first
come, first served” basis until all funds budgeted for tuition has been
exhausted.
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•
•
S.
Employee Handbook
Must successfully complete with a grade of “C” or better, or for nongraded courses, “Pass”, “P”, “S” or equivalent. Must present a copy of
grades to Human Resources for proof. If a failing grade the employee
will refund full amount back to District.
Employee must remain employed with the District for a period of at least
two (2) years after the successful completion of a course as a condition of
reimbursement by the District.
Attendance Standards
The statement sets forth Metropolitan Sewerage District’s policy and procedures for
handling employee absences and instances of tardiness. Regular employee’s
attendance at work is essential to the smooth and efficient operation of the District.
Employees are expected to report to work as scheduled, on time and prepared to
start work. Employees are also expected to remain at work for their entire work
schedule. Late arrival, early departure or other absences from schedule hours are
disruptive and must be avoided. The purpose of this policy is to promote the
efficient operation of the company and minimize unscheduled absences.
“Absence” is defined as the failure of an employee to report to work when the
employee is scheduled to work. The two types of absences are defined below:
An “Excused absence” occurs when all four of the following conditions are met:
a.
b.
c.
d.
The employee provides sufficient notice to his or her supervisor, and
The reason is found credible or acceptable by his or her supervisor, and
Such absence request is approved by his or her supervisor, and
The employee has sufficient accrued leave.
An “Unexcused absence” occurs when one of the above listed criteria for excused is
not met. If it is necessary for an employee to be absent, or late to work because of
illness or emergency, the employee must notify his or her supervisor, no later than 15
minutes after the employee’s scheduled starting time, on that same day. If the
employee is unable to call, he or she must have someone make the call for them.
All absences regardless of how reported, are either excused or unexcused as
determined by an employee’s supervisor. Excessive and/or unexcused absences may
be cause for corrective action.
Failure to contact MSD for 3 consecutive work days will be considered an
abandonment of the job, and the employee will be terminated.
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T.
Employee Handbook
Dock Rules & Procedures
The Dock is intended for use by MSD employees with immediate family members or
close personal friends. Listed below are some guidelines that will help promote a fun
and safe time for everybody.
1) Employees must be present at all times when guests on MSD property
2) For use by immediate family & friends only
3) Liability for use of the dock is with the employee
4) Access is by proximity card
5) Clean up of the area by the employee is expected
Prohibited Activities:
•
•
•
•
•
No Alcohol
No Swimming Allowed
No Overnight Camping
*No Access to Building/ Restrooms
*No Large Groups Please
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CHAPTER 8
PERSONNEL RECORDS
Metropolitan Sewerage District of Buncombe County, North Carolina
Employee Handbook
Chapter Eight
A.
Human Resources Records Maintenance
The Metropolitan Sewerage District of Buncombe County maintains, in accordance
with the Federal and State Regulations, a service record on each employee containing
all information pertinent to his employment, including such data as employment
applications, evaluation reports, leave records, special commendations, training and
educational activities, pay, benefits, and documents related to promotions and
transfers. All information in the employee’s record is available to the employee for
review upon written request to the Human Resources Division.
The records will be reviewed in the presence of an Human Resource Staff Member.
No documents maybe removed.
Each employee is responsible for keeping the Human Resources Division advised of
any changed in their personnel data, such as address, phone number, emergency
information or change in number of dependents so records remain current.
B.
Access to Personnel Records
Any person may have access to the information listed in the NC General Statutes
Section 162a 6.1 “Privacy of Employee Personnel Records” stating subject only to
such rules and regulations for the safekeeping of public records as the District may
adopt. Any person denied access to any record shall have a right to compel
compliance with these provisions by applications to a court for a writ of mandamus
or other appropriate relief.
It shall be the policy of the District, to the extent allowed by North Carolina law, to
treat other information in District employee’s personnel file in a confidential manner.
Pursuant to the ADA, all medical information, including worker’s compensation
history, FMLA, voluntary donated leave, and requests for reasonable
accommodation for disability, shall be kept separate from an employee’s personnel
file and shall be disclosed only in accordance with the ADA and the policy set forth
under “General Policies”.
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C.
Employee Handbook
Information Open to the Public
The following information with respect to each District employee is a matter of
public record:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Name.
Age.
Date of original employment or appointment to the District service.
The terms of any contract by which the employee is employed whether
written or oral, past and current, to the extent that the District has the
written contract or a record of the oral contract in its possession.
Current position.
Title.
Current Salary.
Date and amount of each increase or decrease in salary with the District,
Date and type of each promotion, demotion, transfer, suspension, separation
or other change in position classification with the District.
Date and general description of the reasons for each promotion with that
District.
Date and type of each dismissal, suspension, or demotion for disciplinary
reasons taken by District. If the disciplinary action was a dismissal, a copy of
the written notice of the final decision of the District setting forth the
specific acts or omissions that are the basis of the dismissal.
The office to which the employee is currently assigned.
For the purposes of this subsection, the term “salary” includes pay, benefits,
incentives, bonuses, and deferred and all other forms of compensation paid by the
employing entity.
D. Challenges to Personnel Records
An employee’s personnel file will be made available for the employee’s review upon
written request to the Human Resources Division. An employee who objects to
material in his or her personnel file may place in the file a statement relating to the
material the employee considers to be inaccurate or misleading. The employee may
seek the removal of such material in accordance with the grievance procedure set
forth in Chapter 4 of the Policy Manual.
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E.
Employee Handbook
Destruction of Records
No person may destroy, sell, loan, or otherwise dispose of any public record, except
in accordance with North Carolina law (G.S. 121-5(b)), without the consent of the
Department of Culture Resources, except as provided in (G.S. 130A-99). Whoever
unlawfully removes a public record from the office where it is usually kept, or alters,
mutilates, or destroys it shall be guilty of a Class 3 misdemeanor and upon
conviction only fined at the discretion of the court.
F.
Retention of Records
Employee personnel records will be kept for a minimum of three years following
separation from service with the District.
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CHAPTER 9
COMPUTER POLICY
Metropolitan Sewerage District of Buncombe County, North Carolina
Employee Handbook
Chapter Nine
A.
Internet, E-mail, and Computer Use Policy
The use of Metropolitan Sewerage District’s automation systems, including
computers, fax machines, and all forms of Internet/Intranet access, is for company
business and for authorized purposes only. Brief and occasional personal use of the
electronic mail system or the Internet is acceptable as long as it is not excessive or
inappropriate, occurs during personal time (lunch and other breaks), and does not
result in expense or harm to the MSD or otherwise violate this policy.
Use of defined as “excessive” if it interferes with normal job functions,
responsiveness, or the ability to perform daily job activities. Electronic
communication should not be used to solicit or sell products or services that are
unrelated to the company’s business; distract, intimidate, harass co-workers, third
parties, or disrupt the workplace.
Use of Company computers, networks, and Internet access is a privilege granted by
management and may be revoked at any time for inappropriate conduct carried out
on such systems, including, but not limited to:
1.
2.
3.
4.
5.
6.
7.
8.
Sending chain letters or participating in any way in the creation or
transmission of unsolicited commercial e-mail (“spam”) that is
unrelated to legitimate Company purposes;
Engaging in private or personal business activities, including
excessive use of instant messaging and chat rooms;
Accessing networks, servers, drives, folders, or files to which the
employee has not been granted access or authorization from
someone with the right to make such a grant;
Making unauthorized copies of Company files or other Company
data;
Destroying, deleting, erasing, or concealing Company files or other
Company data, or otherwise making such files or data unavailable or
inaccessible to the Company or to other authorized users of
Company systems;
Misrepresenting oneself or the Company;
Engaging in unlawful or malicious activities;
Deliberately propagating any virus, worm, Trojan horse, trap-door
program code, or other code or file designed to disrupt, disable,
impair, or otherwise harm either the Company’s networks or systems
or those of any other individual or entity.
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9.
10.
11.
12.
13.
14.
15.
16.
Employee Handbook
Using abusive, profane, threatening, racist, sexist, or otherwise
objectionable language in either public or private messages;
Sending, receiving, or accessing pornographic materials;
Becoming involved in partisan politics;
Causing congestion, disruption, disablement, alteration, or
impairment of Company networks or systems;
Maintaining, organizing, or participating in non-work-related Web
logs (“blogs”), Web journals, “chat rooms”, or
private/personal/instant messaging;
Failing to log off any secure, controlled-access computer or other
form of electronic data system to which you are assigned, if you leave
such computer or system unattended;
Using recreational games, and/or;
Defeating or attempting to defect security restrictions on company
systems and applications.
There is no expectation of privacy in the workplace. The Company owns the rights
to all data and files in any computers, network, or other information system used in
the Company and to all data and files sent or received using any Company system or
using the Company’s access to any computer network, to the extent that such rights
are not superseded by applicable laws to intellectual property. The Company also
reserves the right to monitor electronic mail messages (including
personal/private/instant messaging systems) and their content, as well as any and all
use of employees of the Internet and of computer equipment used to create, view, or
access e-mail and Internet content. Employees must be aware that the electronic mail
messages sent and received using Company equipment or Company-provided
Internet access, including web-based messaging systems used with such systems or
access, are not private and are subject to viewing, downloading, inspection, release,
and archiving by Company officials at all times. The Company has the right to
inspect any and all files stored in private areas of the network or on individual
computers or storage media in order to assure compliance with Company policies
and state and federal laws. No employee may access another employee’s computer,
computer files, or electronic mail messages without prior authorization from either
the employee or an appropriate Company official.
If you violate these policies, you could be subject to disciplinary action, up to a
including dismissal.
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B.
Employee Handbook
Social Media Policy
1.
Purpose
The Metropolitan Sewerage District recognizes that some of our employees
may choose to express themselves by posting personal information on the
Internet through personal websites, blogs, or chat rooms, by uploading
content, or by making comments at other websites or blogs. We respect the
rights and interests of employees in engaging in these forms of personal
expression on their own time, should they choose to do so. Employees are
expected to follow the guidelines and policies set forth to provide a clear line
between you as the individual and you as the employee. The MSD respects
the right of employees to use blogs and social media sites as a medium of
self-expression and public conversation and does not discriminate against
employees who use these media for personal interests and affiliations or
other lawful purposes.
Blogging or other forms of social media or technology include but are not
limited to video or wiki postings, sites such as Facebook and Twitter, chat
rooms, YouTube, personal blogs or other similar forms of online journals,
diaries or personal newsletters not affiliated with the MSD.
2.
Guidelines
Employees who have or are involved with personal web pages or other types
of internet postings shall not identify themselves, directly or indirectly, as an
employee or representative of the Metropolitan Sewerage District.
Photographs or other depictions of District buildings, vehicles, uniforms,
and emblems shall not be used on employee internet postings, public or
private without prior permission.
Employees shall not use blogs or social networking sites to harass or threaten
employees or anyone associated with or doing business with the District.
Employees are expected to act responsibly and exercise good judgment when
interacting with social media resources. Inappropriate usage of social media
sources for any reason includes use of District equipment to visit social
media sites for personal reasons in violation of the District’s computer use
policy.
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Employee Handbook
Employees should understand that they are legally responsible for content
they post to the internet, in a blog or otherwise and that they may be held
personally liable for defaming others and/or revealing confidential
information, among other things.
Employees shall not post photographs of persons engaged in business with
the District events without prior permission.
Employees shall not link from a personal blog or personal social networking
site to the District’s internal or external websites.
Employees should be mindful of blurring their personal and professional
lives when administering social media sites. Employees should be aware that
personal postings will be read by not only friends and family, but possibly by
co-workers, citizens, and the media. Even if posted anonymously or under a
pseudonym, your identity can be discovered relatively easily. Employees
should be careful when deciding what to include in a post or comment.
The Metropolitan Sewerage District may require immediate removal of, and
impose discipline for, material that is disruptive to the workplace or impairs
the mission of the District. Nothing in this section shall be interpreted or
applied as limiting an employee’s right to engage in protected concerted
activity as provided by the National Labor Relations Act.
3.
Employer Monitoring
Employees are cautioned that they should have no expectation of privacy
while using the Internet. Your postings can be reviewed by anyone,
including the District.
The Metropolitan Sewerage District reserves the right to monitor comments
or discussions on the internet about the District and its employees. The
District may use blog-search tools and software to monitor forums such as
blogs and other types of personal journals, dairies and personal and business
discussion forums.
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4.
Employee Handbook
Reporting Violations
The Metropolitan Sewerage District requests and strongly urges employees to
report any violations or possible or perceived violations to supervisor, or
Division Directors. Violations include discussion of the District and its
employees, vendors, any discussion of proprietary information and any
unlawful activity related to blogging.
5.
Discipline for Violations
The Metropolitan Sewerage District requests and responds to all reports of
violations of the rules and guidelines set forth in this policy and other related
policies. Violation of the District’s social media policy will result in
disciplinary action up to and including immediate termination. The District
reserves the right to take legal action where necessary against employees who
engage in prohibited or unlawful conduct.
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