County looks to amend sick leave policy

     A situation with an employee within Jones County Secondary Roads has the supervisors considering changes to the county's sick leave policy.

   During the March 19 Jones County Supervisors meeting, County Engineer Derek Snead brought the situation to the board's attention.

   In August 2021, the board amended its sick leave policy due to employees within the Sheriff's Office wanting to donate their sick leave to a co-worker with cancer.

   Snead sad under FMLA (Family and Medical Leave Act), it's required that the employee have worked for the county for 12 months/a year before they can take advantage of sick leave. The county's policy says sick leave can be used following an employee having worked for the county for six months.
   "I'm not sure how the timelines were determined," he said. "Is it based on probation period? Is it the same across the state? In my opinion, they were put in place to protect the county so we're not on the hook for short-term benefits."

   He told the board that they have the authority to adjust probation periods if they choose.

   "It's not often we have this situation," he said.

   The Secondary Roads' employee has been with the county for just shy of six months and is dealing with a medical situation. Snead said other employees are willing to donate sick time.

   "He has work experience above and beyond the typical hire as far as past work experience," Snead said. "I feel strongly that this employee is a very big asset as a long-term employee. You have an avenue to make an exception to modify the policy.

   "I request consideration be made to help out our current employee; we'd very much like to retain our staff," added Snead.

   Supervisor Jeff Swisher asked if the county's HR director (Mike Galloway) could be consulted on this and if the board could approve this under an "unusual circumstance."

   County Auditor Whitney Hein said she already contacted Galloway, and Swisher's suggestion would "not be a good route to go because it'd be a case-by-case basis.

   "You'd be showing favoritism," she said told the board. "That's risky on your part. If you want to make a change, we need to revise the policy."

   She said the FMLA rules are pretty much set in stone.

   Hein offered some suggestions in the meantime… The board could update its leave of absence policy, but then the employee would be responsible for his/her own health insurance at that point. The county's long-term health benefits don't kick in until after the employee is out for 90 days.

   "For the current situation we're in, (any decisions) would be open to all future situations as well," she said.

   "There is a place and time for this policy," Snead said. "This is a rare circumstance. People are willing to donate sick leave."

   He said some Secondary Roads' employees stand to forfeit over 1,200 hours of sick time because it's maxed out.

   Hein said an employee with a planned surgery or a pregnancy would also fall under FMLA.

   Supervisor Jeff Swisher said he was ok with reducing the sick leave policy to three months instead of six.

   "We never know when an emergency will happen with an employee," he said.

   Hein said any changes also need to note whether the policy would apply to part-time and/or full-time employees or both.

   "I agree with Whitney; we don't want to make case-by-case exceptions," County Attorney Kristofer Lyons offered. "The is a voluntary program (donating sick time). No one is required to donate sick time."

   Hein said there is a 480-hour cap in donating sick time.

   Supervisor Jon Zirkelbach suggested 30 days before sick leave can kick in.

   "That's people's own hours to donate; they earned it," said Supervisor John Schlarmann. "I'm OK with 30 days."

   "If it becomes a problem, we'll revisit it," added Zirkelbach.

   Hein said, under the policy, this much time away from work would also require a doctor's note, which would be kept on file for proper documentation.

   The board will take action on formally amending the sick leave policy during their next meeting.