The following words used in this chapter are
defined as follows:
BOARD
The Personnel Administration Board.
COMPENSATORY TIME
Paid time off earned by nonexempt employees at their time-and-a-half
rate in lieu of actual cash payment to be used at the request of the
employee, provided that the workplace will not suffer an undue hardship.
DEPARTMENT HEAD
Includes those County officers, elected or appointed, who
have been designated by the Levy Court or by Delaware law as having
primary responsibility for the operation of a County office.
EXEMPT
Those employees exempt from overtime pay as provided in the
Federal Fair Labor Standards Act.
FLSA
The Federal Fair Labor Standards Act.
IMMEDIATE FAMILY
Brother, sister, stepbrother, stepsister, half brother, half
sister, grandparent, step-grandparent, grandchild, step-grandchild,
parent-in-law, brother-in-law and sister-in-law. The relationship
of in-law ceases at such time as an employee divorces his or her spouse
or at such time as the spouse of an employee should die.
INTERMITTENT EMPLOYEE
Temporary employee hired on an occasional basis to provide
services for a specific reason or event.
KEY EMPLOYEE
For FMLA purposes the exempt FMLA-eligible employee who is
among the highest paid 10% of all employees employed by the County.
NEAR RELATIVE
Aunt, uncle, first cousin, niece, nephew, grandparent-in-law,
great-grandparent, great-grandparent-in-law or other such person.
NONEXEMPT
Those employees that may earn overtime as provided in the
Federal Fair Labor Standards Act.
OTHER APPROPRIATE STANDARD
Consist of skills, knowledge, education and experience criteria
as defined for each position's description and/or as requested on
an employment application.
PERMANENT EMPLOYEE
Employee satisfactorily completing a six-month or more probationary
period and therefore entitled to the right to appeal disciplinary
actions to the Personnel Administration Board. Permanent employees
are not entitled to lifetime employment and are subject to termination
as provided in this chapter.
PERMANENT PART-TIME EMPLOYEE
Employee satisfactorily completing a six-month or more probationary
period and therefore entitled to the right to appeal disciplinary
actions to the Personnel Administration Board, but regularly working
less than full-time within their respective department. Permanent
part-time employees are not entitled to lifetime employment and are
subject to termination as provided in this chapter.
PROBATIONARY EMPLOYEE
Employee at initial employment serving a six-month or more
introductory period and therefore not entitled to the right to appeal
disciplinary actions or termination to the Personnel Administration
Board.
RELATIVE
Father, mother, son, daughter, brother, sister, husband,
wife, grandparent, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half-brother, half-sister or grandchild.
SEASONAL EMPLOYEE
Temporary employee hired for a limited term to perform specific
duties usually during the summer months.
SERIOUS HEALTH CONDITION
An incapacity or treatment, including prenatal care, that
involves inpatient care or continuing treatment by a health care provider.
STANDARDIZED COMPETITIVE EXAMINATION
An examination administered by the Personnel Director and
created in consultation with the employing department or office that
fairly evaluates the abilities of an applicant or applicants for a
particular position.
TEMPORARY EMPLOYEE
Employee hired by a department head or the Personnel Director
for a limited term to perform certain duties at a specified rate of
pay and without benefits of any kind. Temporary employees may be hired
without examination or competitive recruitment or provided by an employment
agency, and may be terminated without notice.
WORKING DAYS
Monday through Friday and excludes Saturday, Sunday and holidays
recognized by Levy Court.
[Amended 9-22-2009 by Ord. No. 09-23; 11-23-2021 by Ord. No. 21-13]
A. All Nonexempt nonrepresented position classified employees,
unclassified employees, and elected employees, except part-time employees
and temporary employees or other excluded employees, shall be eligible
for the day off on the following official Kent County holidays, with
the specific date of observance to be determined annually by the County
Administrator, and receive holiday pay equal to their regular rate
of pay for eight hours, or seven hours as assigned: [
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New Year's Day
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Martin Luther King Jr. Day
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Presidents’ Day
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Good Friday
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Memorial Day
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Juneteenth
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Independence Day
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Labor Day
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Election Day in even-numbered years
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Veterans Day
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Thanksgiving Day
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Day after Thanksgiving
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Christmas Day
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Day after Christmas
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B. When any holiday falls on a Saturday, the preceding
business day shall be considered the official Kent County holiday.
C. When any holiday falls on a Sunday, the following
business day shall be considered the official Kent County holiday.
D. If efficient operations require a nonexempt nonrepresented position employee's services to be performed on any official Kent County holiday, the employee shall be compensated at a rate double their regular hourly rate for any work physically performed on a Kent County holiday and receive holiday pay as provided in Subsection
A, or in lieu of holiday pay may accrue equivalent hours of vacation leave if the employee requested such in advance on a calendar year basis. Whenever June 19 (Juneteenth), July 4 (Independence Day), November 11 (Veterans Day), December 25 (Christmas), or January 1 (New Year's Day) fall on a Saturday or Sunday on the calendar, a nonexempt nonrepresented position employee shall accrue vacation leave equal to any hours physically worked on these specific dates.
E. For the nonexempt employee to be eligible for holiday
pay, the eligible nonexempt employee must have worked on the last
scheduled workday prior to and the next scheduled work day after said
holiday unless the employee is on approved absence with pay in accordance
with this chapter, or absent with pay with prior approval of the department
head.
F. If December 25 (Christmas) or December 26 (Day after
Christmas) fall on a Saturday or Sunday on the calendar, the President
of Levy Court can by declaration adjust the day on which the official
Day after Christmas holiday is observed to the business day before
or after the day Christmas is observed.
Except as specifically provided herein, any
personnel-related policy duly adopted by the Kent County Levy Court,
as amended from time to time and to the extent not inconsistent herewith,
shall be and is hereby incorporated into this chapter.
This chapter shall become effective on July
1, 1999.