Time Off
Arapahoe County understands the importance of taking time off from work. Everyone needs time to relax, be alone or be with family and friends. There are also times when you may need to take time off to take care of personal business or family needs without the stress of lost income. Non-exempt employees should request actual time off. Exempt employees’ time off should only be reported for full day absences, or according to department process/practice.
Vacation
Eligible employees who work 20 hours or more per week earn vacation time off on the last calendar day of the month in accordance with the following provisions:
- Vacation hours are accrued on a pro-rated basis effective as of the date of hire.
- Vacation hours accrued within a month are not available for use until the month following the accrual.
- Advances on vacation leave not yet accrued are not allowed.
Vacation hours accrue for all active employees based on scheduled hours and years of service, as shown below:
Vacation Carry–Over
Employees may accrue and carry-over vacation hours into the following year. Limits are shown in the table below. Any accrued hours in excess of limit on January 21 the following year will be forfeited. It is the responsibility of each employee to monitor vacation hours.
Upon separation an employee will be paid out for all accrued and unused vacation time remaining.
Sick Time
Eligible employees who work 20 hours or more per week are provided with up to 8 hours per month of sick time off on the last calendar day of the month. Sick hours accrued within a month are not available for use until the month following the accrual. Unused sick time can carry over to the following year. The maximum amount of sick time that can be carried over in any given calendar year is 480 hours. Time off that exceeds your available balance may be paid out of your vacation balance, if available. Sick time off pay is required to be used concurrently with a Family and Medical Leave, Family Care Leave or a Non-Family Medical Leave. Refer to the Leave of Absence section for details. Unused sick time will be paid out upon termination at 50% of unused sick time up to a maximum of 240 hours, unless hired prior to 1/1/1983. Employees who are rehired within 6 months of their separation date will have accrued, but not paid out, sick hours reinstated.
Temporary employees and employees working less than 20 hours per week, will accrue 1 hour per 30 hours worked. Sick accrued, but not used, will not be paid out upon separation.
Sick time is designated to be used only in the event that you are unable to report to work because of your own or a family member’s qualified illness, injury or condition and may not be used to supplement vacation. Non-exempt employees may use sick hours for time away from the office for your own or a family member’s health appointments, when they cannot be scheduled outside of work hours. If an illness or injury requires you to be away from work for more than three (3) consecutive days, please contact the Human Resources ADAA and Leave Administrator at 303-795-4486 to discuss your options under Leave of Absence policies.
Sick Time Carry Over
Employees may accrue and carry over sick hours into the following year. Any accrued hours in excess of the 480-hour limit on January 21 will be converted, per the employee’s direction, to either additional Vacation hours or payout as stated in the table below. If no direction is provided, Arapahoe County will pay out the excess. Annual payouts are processed through Payroll. If eligible, a Payroll team member will reach out to you directly in February.
Sick Time Donation
Under certain conditions, employees may request sick time donations. To be eligible for donated time employees are required to:
- Have a “serious health condition” as defined under the Family Medical Leave Act for the employee, a spouse, dependent child, or parent that results in a qualifying continuous period of absence (other leaves under the Family Medical Leave Act are not included under this program)
- Have been approved for FMLA
- Be classified as a regular full-time, regular job share, regular part-time employee, or a grant funded employee
- Have been employed with Arapahoe County for at least 12 months and have worked at least 1,250 hours in the 12 month period preceding the date of the request
- Have exhausted all accumulated paid time off (i.e., vacation, sick, comp time, floating holiday, etc.)
- Not currently receiving long-term disability benefits
- Receive Supervisor and Department Director/Elected Official approval
Holidays
Arapahoe County offers paid time off for 12 designated holidays and 2 floating holidays to eligible employees.
Holidays that fall on Saturday will be observed the preceding Friday. Holidays that fall on Sunday will be observed the following Monday.
Regardless of your work schedule full-time employees will receive 8 hours paid for each holiday and part-time employees working at least 20 hours per week will receive 4 hours paid for each holiday.
Non-exempt employees who are requested by their Department Director or Elected Official to work on Thanksgiving Day, Christmas Day or New Year’s Day will be paid for the holiday plus two times the base hourly rate for the number of hours worked. If the request is for any other holiday the employee will be paid for the holiday plus 1½ times the base hourly rate for the number of hours worked. Worked Holiday pay is only for working on the day the County observes the holiday. Exempt employees who work on an observed holiday are not eligible for additional pay.
Employees in the Sheriff’s Office and Coroner’s Office may receive alternate time-off in lieu of receiving the standard County holidays.
Observed Holidays
- New Year’s Day
- Martin Luther King Jr. Day
- Presidents’ Day
- Memorial Day
- Independence Day
- Labor Day
- Arapahoe Day
- Veteran’s Day
- Thanksgiving Day
- Day after Thanksgiving
- Christmas Eve
- Christmas Day
Floating Holidays
Eligible employees receive two floating holidays in addition to the scheduled holidays listed on the previous page. Full-time employees will receive 8 hours paid for these days off and part-time employees working at least 20 hours per week will receive 4 hours paid for each floating holiday. Employees need to coordinate the use of these days with their supervisor. Employees should schedule these days off to use before January 20 of the following year. If not used by January 20 the time off will be forfeited. If unused at time of termination, this benefit is forfeited.
Bereavement
When you experience the loss of an immediate family member, the County provides up to five days of paid time off for bereavement. Full-time employees will receive up to 8 hours paid per day and part-time employees working at least 20 hours per week will receive up to 4 hours paid per day. Immediate family is defined as: relatives by blood, marriage (including stepfamily members, and in-laws), or civil union to include spouse or partner, children, parents, grandparents, grandchildren, and siblings of an employee or employee’s spouse or partner. In certain situations, other relationships will be considered and approved by the Department Director/Elected Official and the Director of Human Resources. Documentation of the loss may be required based on Department or Office guidelines.
Jury Duty
Arapahoe County recognizes jury duty as a civic responsibility. Eligible employees will receive their standard pay for up to 3 days while serving as a juror. For jury duty lasting more than 3 days, employees may continue to receive their scheduled pay unless a lengthy service causes financial hardship for the County. Upon receipt of a juror summons, employees must notify their manager before the start of the jury duty period. If an employee is excused from jury duty during regular work hours they are expected to return to work promptly.
Voting
Any employee may take up to 2 hours off work with pay on an election day to vote. Employees are expected to work with their manager prior to election day to schedule their 2 hours off.
LEAVES OF ABSENCE
Arapahoe County provides all federal and state required leaves of absence and some additional leaves. Generally, leaves of absence are unpaid. However, often employees may be required to or choose to supplement their time off with benefit payments such as compensatory time, sick, vacation, and disability. Additionally, some leaves of absence may have an impact to your benefits (medical, dental, vision, life, disability, medical gap, pre-paid legal) eligibility. For information on leaves of absence contact your Leave Administrator at Leaves@arapahoegov.com.
Family Medical Leave / Military Family Leave
Eligibility for Leave:
Employees who have been employed by Arapahoe County for at least twelve months and who have worked at least 1,250 hours in the twelve months preceding the first day of requested leave are eligible for family/medical or military/family leave if certain conditions are met:
Family and Medical Leave (FMLA Leave)
The County provides up to 12 weeks of unpaid, job-protected leave to eligible employees. Leave is available for one or more of the following circumstances:
- The birth of a child or to care for the child within the first 12 months after birth.
- Placement of a child with the employee for adoption or foster care within the first 12 months of placement.
- To care for a family member who is defined under the Family and Medical Leave Act as a spouse, child (under 18 or disabled) or parent of the employee who has a serious health condition as defined by the Family and Medical Leave Act.
- The inability of an employee to perform his/her job duties due to a serious health condition as defined by the Family and Medical Leave Act. This can include work-related illness or injuries.
- Incapacity due to pregnancy prenatal medical care or childbirth.
Military Family Leave
Eligible employees with a spouse, son, daughter, or parent on active duty or called to active duty status in the Armed Forces, National Guard, or Reserves may use up to 12 weeks to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
Eligible employees may also take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, National Guard, or Reserves, who has a serious injury or illness incurred or aggravated in the line of duty on active duty. Covered service member also includes veterans who were members of the Armed Forces, National Guard, or Reserves at any time during the period of five years preceding the start of treatment, recuperation, or therapy.
The injury or illness must make the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. In the case of a veteran, the qualifying illness or injury must be incurred or aggravated in the line of duty and manifest itself before or after the service member became a veteran.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents a qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive full calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Employee Responsibilities
The employee must provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable. When a 30-day notice is not possible, the employee must provide notice as soon as practicable and generally, must comply with the County’s call-in procedures.
Employees must provide sufficient information for the County to determine if the leave may qualify for protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities; the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees must also inform the County if the requested leave is for a reason for which FMLA leave was previously taken or certified.
All employees requesting leave must complete the applicable forms discussed below.
- For family and medical leave stemming from a medical condition the employee must have the physician or health care provider complete the Certification of Heath Care Provider form documenting the medical reasons for the leave.
- If the leave stems from an employee’s medical condition, the medical certification must specify medical facts supporting the existence of a serious health condition and that the employee is unable to perform his/her essential job duties because of the health condition.
- For leaves stemming from the medical condition of a family member, the medical statement must specify that the employee is needed to care for the family member and specify medical facts which support the existence of a serious health condition.
- Employees who fail to provide a medical certification in a timely manner (within 15 days after the request for leave is made) may be denied leave.
- Documentation confirming family relationship, adoption or foster care may also be required.
- The FMLA forms can be found on Inside Arapahoe. All documents supporting an employee’s request for leave must be sent to their Leave Administrator in Human Resources for review and approval.
County Responsibilities
Human Resources will inform employees requesting leave whether they are eligible under the FMLA. If they are, the notice will specify any additional information required, and specify the employee’s rights and responsibilities. If the employee is not eligible for FMLA, Human Resources will provide a reason for the ineligibility.
Human Resources will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If it is determined that the leave is not FMLA-protected, Human Resources will notify the employee.
If a medical certification is incomplete or inconsistent, the Human Resources Department will notify the employee and the employee will have seven (7) calendar days to submit a sufficient certification.
Arapahoe County reserves its right to seek clarification and authentication of medical certifications. If Arapahoe County has reason to doubt the validity of a medical certification, it reserves the right to request a second medical opinion at the County’s expense. An employee’s failure to provide notification and an appropriate medical certification in a timely basis may result in delayed approval or denial of leave. Continued absence after the denial of leave may result in disciplinary action up to and including dismissal from employment.
Amount of Leave
In the case of eligible employees who request leave to care for a service member in the military or a Veteran as defined and permitted under the Family and Medical Leave Act, they may be granted unpaid leave for a period up to 26 weeks during a single 12 month period. Leave to care for a service member or a Veteran may be combined with any additional family and medical leave taken by the employee provided the total leave in a single 12-month period does not exceed 26 weeks.
Remaining eligible employees may be granted unpaid family or medical leave for a period of 12 weeks during a 12-month rolling period as defined by Arapahoe County. The rolling period is to be measured backward from the date an employee uses any FMLA. Each time an employee takes FMLA leave, the remaining entitlement is any balance of the 12 weeks which has not been used during the previous 12 months.
Part-time employees who meet the eligibility requirements for FMLA leave are granted leave on a pro-rated basis based upon the average amount of hours they work per week and pursuant to the applicable law.
In the case of leave for the birth or adoption of a child, if both spouses are Arapahoe County employees, their combined leave may be limited to 12 weeks.
In the case of leave to care for a service member in the military as defined under the Family and Medical Leave Act, if both spouses are Arapahoe County employees, their combined leave may be limited to 26 weeks during a single 12-month period.
Benefits During Leave
Under FMLA leave, employees must first use any earned sick leave and then any available compensatory time at the beginning of the leave due to the employee’s own serious health condition or the serious health condition of a covered family member.
In addition, employees must use any available compensatory time for:
- Care of a well child within the first 12 months after birth.
- Placement of a child with the employee for adoption or foster care within the first 12 months of placement.
After all sick leave (and compensatory time, if available) is exhausted, vacation leave may be used at the discretion of the employee.
Employees who are receiving Short Term Disability (STD) benefits may use sick leave, compensatory time, or vacation to receive up to 100% of their base pay.
During FMLA, an employee’s benefits will continue on the same terms as if the employee had continued to work. The County continues to pay the employer portion. If an employee is receiving pay for time off benefits, appropriate deductions for the employee portion will be taken from the employee’s paycheck. An employee on unpaid leave must make arrangements with the Benefits Team for payment of the employee’s portion. Failure to pay the employee’s portion of benefits in a timely manner will result in a cancellation of coverage.
Return from Leave
An employee on leave is required to report periodically on their status and intent to return to work. Upon returning from leave, an employee, except for certain highly compensated employees, will be reinstated to the same or an equivalent position subject to the rules of FMLA. A Release to Return to Work from the employee’s medical provider is required verifying an employee’s ability to return to work from medical leave. Failure to return to work on the day after the expiration of leave may result in termination of employment.
Reduced Work Schedule/Intermittent Leave
An employee who is taking family/medical leave on account of his or her serious medical condition, the serious medical condition of a family member, the serious injury or illness of a family member of the Armed Forces or a Veteran or due to qualifying exigencies may take leave intermittently or on a reduced-schedule basis.
An intermittent or reduced schedule leave for the birth and placement of a child is at the discretion of the employee’s Department or Office.
An employee requesting a reduced work schedule/intermittent leave must consult with their supervisor and make a reasonable effort to schedule the leave so as not to unduly disrupt the County’s operations. Employees are expected to consult with their supervisor prior to the scheduling of treatments to work out a schedule which best suits the needs of both the Department or Office and the employee.
Appropriate medical certifications and/or appropriate documentation will be required for all intermittent and reduced schedule leave. Intermittent and reduced schedule leave will be treated in the same manner as longer-term absences under the FMLA and will be applied against the employee’s total FMLA allowable hours.
Where necessary, an employee on intermittent or a reduced schedule may be transferred to another position, with no loss in pay or benefits, which will more easily accommodate the need for the leave.
Abuse of Leave
Leave under the FMLA is granted solely for the purposes set forth in these guidelines and as defined by the Family and Medical Leave Act. Use of family and medical leave or military family leave for other purposes is strictly prohibited. Employees using family and medical leave are still expected to comply with all County guidelines, policies and rules and failure to do so may result in disciplinary action, up to and including dismissal from employment.
Unlawful Acts
FMLA makes it unlawful for the County to:
- Interfere with, restrain, or deny the exercise of any right provided under FMLA.
- Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against the County.
FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.
Colorado Family Care Act (FCA)
The County provides up to 12 weeks of unpaid leave to eligible employees to care for their partners in a civil union or domestic partnership who have a serious health condition. Domestic partners are those with a registered domestic partnership with the municipality in which they reside or with the state. Parties to a civil union are those registered under the Colorado Civil Unions Act.
Generally, leave under the Family Care Act is administered consistent with FMLA regulations. Contact your Leave Administrator if you need family care leave.
Non-FMLA Medical Leave of Absence
Employees who do not meet the eligibility requirements for FMLA may be provided a medical leave of absence in limited circumstances. Such leave could include but is not limited to time off for an employee’s illness, pregnancy, or personal injury.
For a Non-FMLA medical leave to be granted, the following conditions must be met:
- Approvals must be obtained from the employee’s Department/Office and Human Resources prior to the leave when the leave is foreseeable.
- The employee must submit to the Leaves Administrator a written statement from a physician outlining the reason for the leave and the estimated time needed. Arapahoe County reserves the right to obtain additional medical opinions at the County’s expense.
If the leave is approved, all available sick and vacation leave as well as any compensatory time that may be available must be used during the leave of absence. After all leave hours have been utilized, the remaining leave will be without pay.
It is not always possible to hold an employee’s position during a Non-FMLA Medical Leave of Absence, therefore, there is no job guarantee. In the event the employee’s job is filled, he/she may reapply for a position in the future.
During an approved Non-FMLA Medical Leave of Absence, the County will continue benefits for up to six weeks if the employee continues to pay the employee’s portion of the premium in a timely manner. It is the employee’s responsibility to contact the Benefits Team for information in regards to their payment of benefits. In cases when an accommodation under the Americans with Disabilities Act Amendments Act (ADAAA) has been approved through the Leave Administrator and the County Attorney’s office, benefits may be extended past the standard six weeks for a reasonable period, which may be for the duration of the accommodation, as long as the employee continues to pay the employee’s portion of the premium in a timely manner. Failure to pay the employee’s share of the premiums in a timely manner will result in a cancellation of benefits.
Personal Leave of Absence
The County may grant a leave to an employee for personal reasons. The reason for the leave must include a situation or circumstance which is not covered under the Family and Medical Leave Act. It is not always possible to hold an employee’s position during a Personal Leave of Absence therefore this is not a job-protected leave.
The request will be reviewed by the employee’s immediate supervisor who will then submit the request along with information regarding the business impact to the Department Director or Elected Official for approval. If approved, the Department Director or Elected Official will inform the Leaves Administrator. All accrued vacation leave and compensatory time must be used prior to the employee being placed on leave without pay. Sick leave may not be utilized during personal leave.
Medical and dental insurance benefits may be continued up to 6 weeks during personal leave provided the employee pays the employees portion of their coverage. Seniority will not be affected when the employee returns to work at the end of the approved leave period. At the discretion of the Department Director/Elected Official, an annual review may be withheld until the employee returns to work, and if an increase is given, it shall not be retroactive.
Military/Reserve Leave
Arapahoe County complies with all applicable laws governing leaves for military service.
Any employee of Arapahoe County who is a member of the National Guard or reserve forces is given up to 15 paid working days up to a maximum of 120 hours each calendar year for military leave without loss of seniority or benefits. In a time of National Emergency, the Board of County Commissioners may extend the paid leave period. As a rule, however, insured benefits will not be extended past 6 weeks of leave.
An unpaid military leave of absence will be granted to employees called to active duty or inducted into the uniformed services of the United States for a period of up to five years. Employees who perform and return from service will be reinstated in accordance with applicable state and federal laws. Benefits will be terminated on the last day of the month in which the active duty leave began. Upon return employees may reelect benefits.
Supporting documents must be sent to the Leave Administrator. These documents should include copies of the employee’s military orders as issued by the employee’s branch of the armed services. Leaves must be coordinated with the Leave Administrator and the Benefits Team to determine pay, benefits and any other necessary issues.