Orange County NC Website
11 <br />1 • When the employee is working under an established academic internship program or work <br />2 study program. <br />3 ATTACHMENT provides the referenced Ordinance and the Non - Temporary categories. <br />4 Section 2: Rights of Temporary Employees <br />5 Under Section 28 -36 of the Code of Ordinances, it is the policy of Orange County to provide <br />6 permanent employees both full -time and part -time (regularly scheduled at least 20 hours each <br />7 workweek) with group health insurance. Temporary employees are considered non - permanent <br />8 and are not eligible for health insurance. <br />9 Section 3: Current Work Assignments of Temporary Employees <br />10 There are varying uses of temporary employees, summarized as follows: <br />11 • Employees work a regular work schedule for periods longer than six months to a year <br />12 • Employees work within the duration of a grant time period <br />13 • Employees work a defined time period, considered seasonal, may return year after year <br />14 • Employees work on as needed basis or per diem (called when needed) <br />15 • Employees are filling a position vacated because an employee is on leave <br />16 • Employees are filling a need during the time period to process the filling of vacancies <br />17 • Employees in the Workforce Investment Act (WIA) (DSS youth employment grant) <br />18 • Employees in the Work First Program, which services parents of children with little or no <br />19 income <br />20 <br />21 The Board of County Commissioners may want to consider implementing a policy that <br />22 determines the full status of any non - permanent temp employee over a 12 month measurement <br />23 period as suggested under the affordable care act. <br />24 There are 22 employees of the 300 temporary employees that worked more than 1,040 hours in <br />25 FY 2013 - 2014, which represents 7.33% of the temporary population. Five of these temporary <br />26 employees are County retirees from the BOCC (1), Health (1), Solid Waste (1), and the <br />27 Sheriff's Office (2). <br />28 <br />29 Under the Affordable Care Act (ACA), employers with 50 or more fulltime employees (including <br />30 full -time equivalents) must offer all employees working an average of 30 hours per week or <br />31 more in a month a health insurance coverage or pay penalties, effective January 1, 2015. <br />32 The ACA measures full time status month by month. A seasonal employee who works an <br />33 average of 30 hours per week during any month must be offered health care coverage for the <br />34 month worked unless the employer takes certain actions. <br />35 Employers subject to the employer mandate may adopt a "measurement period" longer than a <br />36 month to measure the full time status of employees. This provides an average of hours worked <br />37 recognizing seasonal and temporary employees. <br />38 Additionally, the North Carolina Local Governmental Employees' Retirement System defines an <br />39 employee" as any person who is regularly employed in a regular position, the duties of which <br />40 require not less than 1,000 hours or more in a twelve -month period. Such employees are <br />41 subject to membership in the retirement system and would be required to contribute 6% of all <br />42 earnings to the Retirement System, and the County would contribute the required employer <br />43 amount (currently 7.41 %). <br />44 <br />45 Brenda Bartholomew said she does not think that Orange County is employing their <br />46 temporary employees over the recommended hours. <br />47 Commissioner Dorosin said there was a reference to 22 employees that worked more <br />48 than part time hours and the fact that this has been fixed. He asked how this was fixed. <br />49 Brenda Bartholomew said some of the temporary employees did not continue on into <br />50 this fiscal year and some were made permanent during the last budget process. She said <br />