2003-2008 UNIT 9 MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (hereinafter “MOU” or “Agreement”) is entered into by and between the State of California (hereinafter “State” or “State employer”) and Professional Engineers in California Government (hereinafter “PECG”), pursuant to the Ralph C. Dills Act, Government Code Sections 3512 et seq.

Its purpose is to improve employer-employee relations between the parties by establishing wages, hours, other terms and conditions of employment, and other subjects contained herein.

Pursuant to the Dills Act and PERB Certification #S-SR-9, the State recognizes PECG as the exclusive representative of all employees in the Professional Engineer Unit, Unit 9 (hereinafter “Bargaining Unit”). Pursuant to Government Code Section 3517, the State employer shall be represented by the Director of the Department of Personnel Administration (hereinafter “DPA”) or his/her designee.

ARTICLE 2
TERM

2.1 Term

a. The terms of this contract shall go into effect on July 2, 2003 and shall remain in full force and effect through and including July 2, 2008.

b. PECG reserves the right to reopen negotiations after March 1, 2008, by giving the State written notice.

c. Effective 2006, PECG may reopen up to four (4) items in the MOU or other items within the scope of representation.

d. If other Bargaining Units receive increases in items in these sections of the MOU, the same increases shall be provided to Unit 9 employees:

7.1 Business and Travel Expense

7.2 Commute Program

7.6 Overtime Meals

3.4 Bilingual Differential

4.3 NDI

4.4 Enhanced NDI

4.12 Rural Subsidy Program

ARTICLE 3
SALARIES AND COMPENSATION

3.1 Salary Parity for Unit 9

All employees in classifications in Unit 9 shall receive salaries no less than salaries received by their counterparts in California’s larger local agencies and the University of California. The determination of those salaries shall be based on DPA’s survey of Professional Engineer Benchmarks, utilizing the California public agencies and the University of California included in the department’s survey dated December 2002, updated annually, and the local agency classifications and salary range matches contained therein. The salary survey for those classifications and agencies shall be updated no less than once per year. The agencies and classifications included in the survey shall only be changed upon agreement between DPA and PECG.

The calculation of the salary lead or lag for Unit 9 employees shall be based on weighted average salaries of employees in the classifications in those surveyed agencies.

All steps in each salary range shall be increased by the same percentage. The salary for intermediate classifications in ranges between the Entry and Supervisory levels shall be based on prorating or interpolating the salaries.

All salary increases shall be rounded to the nearest dollar. In no event shall salaries be reduced as a result of this provision. DPA and PECG may negotiate salaries above the minimum level on any general, regional, specialty, classification, department, or other basis they choose to agree upon.

Salaries for Unit 9 employees shall be increased as appropriate to correspond to the timing of the salaries received by local agency employees included in the survey, with adjustments in the Unit 9 salaries occurring no less than once every 12 months, as follows:

Effective July 1, 2005, the salary increase for all Unit 9 employees shall be no less than 25% of the lag calculated from the December 2004 survey or later.
Effective July 1, 2006, the salary increase for all Unit 9 employees shall be no less than 50% of the lag calculated from the survey dated December 2005 or later.
Effective July 1, 2007, the salary increase for all Unit 9 employees shall be no less than 75% of the lag calculated from the survey dated December 2006 or later.
Effective July 1, 2008, and thereafter, the salaries for all Unit 9 employees shall be such that any lag calculated from the December 2007 or later DPA survey shall be entirely eliminated.

State of California – Governmental Salary Report – December 2002

Benchmark Title: Civil Engineer/Civil Engineer Registered State Comparisons (1) Entry/Non-Registered Journey Level: Transportation Engineer (Civil) (Range A-B) (2) Journey Level: Transportation Engineer (Registered Civil) (Range D) (3) Senior Level: Senior Transportation Engineer, Caltrans
Government Data	(1) Entry/Non-Registered Journey		(2) Registered Journey		(3) Supervisory Level
Government Data	Salary Minimum	Salary Maximum	Salary Minimum	Salary Maximum	Salary Minimum	Salary Maximum
State of California	$3,273	$4,550	$4,635	$5,632	$5,087	$6,181
Alameda County	$4,710	$5,442	$6,013	$7,307	$7,284	$8,859
Contra Costa County	$4,726	$5,618	$5,750	$7,733	$6,667	$8,104
Fresno County	$4,454	$5,414	$4,329	$7,180	$4,961	$8,160
Los Angeles County	$4,096	$5,088	$5,139	$6,385	$6,385	$7,932
Orange County	$4,656	$5,327	$5,765	$6,606	$6,431	$7,367
Riverside County	$3,556	$5,322	$4,419	$5,917	$5,323	$6,758
Sacramento County	$4,152	$5,046	$5,290	$6,125	$6,421	$7,080
San Bernardino County	$3,831	$4,890	$4,434	$5,665	$5,801	$7,429
San Diego County	$3,621	$5,086	$4,926	$5,989	$5,817	$7,070
Santa Clara County	$4,893	$5,950	$5,836	$7,093	$6,834	$8,327
SF City/County	$4,483	$6,036	$5,891	$8,290	$7,893	$9,594
City of Fresno	$3,427	$4,158	$5,121	$6,228	$5,828	$7,088
City of Los Angeles	$4,256	$5,286	$5,566	$6,915	$6,543	$8,131
City of Oakland	$3,883	$4,767	$5,243	$6,438	$6,445	$7,914
City of Riverside	$4,414	$5,365	$5,110	$6,212	$6,751	$8,202
City of Sacramento	$3,053	$5,240	$4,520	$6,360	$5,000	$7,502
City of San Diego	$3,644	$5,079	$4,853	$5,861	$5,595	$6,764
City of San Jose	$4,953	$6,034	$6,017	$7,334	$7,317	$8,914
California State University	---	---	---	---	---	---
University of California	$3,417	$6,150	$4,133	$7,442	$4,550	$7,775
Federal Government	$3,315	$4,309	$4,807	$6,249	$5,716	$7,431
Average Private Salary	$4,936		$6,080		$6,958
Average State Salary	$4,494		$5,406		$6,108
Civil Engineer/Civil Engineer (Registered) - This is a working-level professional engineer. Incumbents perform a wide variety of professional engineering work in either an office or field setting. As incumbents progress they are assigned more difficult work and may function as a lead person over the activities of engineering and technical personnel. The entry level requires graduation from a four-year curriculum in civil engineering accredited by the Accreditation Board for Engineering Technology or possession of a valid certificate as an Engineer-in-Training issued by the California State Board of Registration for Professional Engineers and Land Surveyors. At the journey level with registration, the engineer may be in a responsible charge capacity. Incumbents at the supervisory level are distinguished from lead engineers in that their role is predominately directing the work of subordinate professional engineers and registration is mandatory for these positions. Some positions may be titled supervising engineer.

3.2 Merit Salary Adjustments

a. Unit 9 employees shall receive annual merit salary adjustments in accordance with Government Code Section 19832 and applicable DPA rules.

b. Notwithstanding 2 Cal. Code Reg. § 599.684, an employee whose merit salary adjustment is denied may appeal pursuant to Article 12 (Grievance and Arbitration) of this agreement.

3.3 Professional Qualification Compensation

a. Licensing Examinations – Fees and Time Off

1.   Upon successful completion of the examination for the licenses listed below, the State shall reimburse Unit 9 employees for their application fee for the following professional licenses: Engineer, Architect, Landscape Architect, Engineering Geologist, Land Surveyor, Engineer-in-Training, LSIT and Geologist. The State shall also reimburse Unit 9 employees for their renewal fees for the above licenses provided, however, the State shall not reimburse employees for late fees (or penalties) due to untimely renewal.

2.   The State shall credit eight (8) hours of compensating time off upon successful completion of the examination needed to obtain one of the licenses listed in 1. above to compensate for that portion of the exam taken on the employee’s normal day off.

3.   If an employee is scheduled to take an examination for one of the licenses listed in 1. above during his/her work day, the employee will be granted State release time to take the examination upon presentation of proof that the employee is scheduled for the examination. Such release time is limited to the time required for the exam and includes reasonable travel time to and from the nearest examination site, not to exceed the normal work shift on the exam day.

b. Professional Society and Organization Dues

Unit 9 employees who have an active license in the field in which they are employed shall, regardless of whether the license is required as a condition of employment for their classification (or range within a classification), be reimbursed for dues paid to one job-related professional society or organization. Said reimbursement shall not exceed one hundred dollars ($100) per fiscal year provided, however, the State shall not reimburse employees for late fees or penalties due to untimely renewal of their membership.

3.4 Bilingual Differential Pay

Bilingual Differential Pay applies to those positions designated by the Department of Personnel Administration as eligible to receive bilingual pay according to the following standards:

a. Definition of bilingual positions for Bilingual Differential Pay

(1) A bilingual position for salary differential purposes requires the use of a bilingual skill on a continuing basis averaging ten percent (10%) of the time. Anyone using their bilingual skills ten percent (10%) or more of the time will be eligible whether they are using them in a conversational, interpretation, or translation setting. In order to receive bilingual differential pay, the position/employee must be certified by the using department and approved by the Department of Personnel Administration. (Time should be an average of the time spent on bilingual activities during a given fiscal year.)

(2) The position must be in a work setting that requires the use of bilingual skills to meet the needs of the public in either:

(a) A direct public contact position;

(b) A hospital or institutional setting dealing with patient or inmate needs;

(c) A position utilized to perform interpretation, translation, or specialized bilingual activities for the department and its clients.

(3) Position(s) must be in a setting where there is a demonstrated client or correspondence flow where bilingual skills are clearly needed.

(4) Where organizationally feasible, departments should ensure that positions clearly meet the standards by centralizing the bilingual responsibility in as few positions as possible.

(5) Actual time spent conversing or interpreting in a second language and closely related activities performed directly in conjunction with the specific bilingual transaction will count toward the ten percent (10%) standard.

b. Rate

(1) An employee meeting the bilingual differential pay criteria during the entire monthly pay period would receive a maximum $100.00 per monthly pay period, including holidays.

(2) A monthly employee meeting the bilingual differential pay criteria less than the entire pay period would receive the differential on a pro rata basis.

(3) A fractional month employee meeting the bilingual differential pay criteria would receive the differential on a pro rata basis.

(4) An employee paid by the hour meeting the bilingual differential pay criteria would receive a differential of $.58 per hour.

(5) An employee paid by the day meeting the bilingual differential pay criteria would receive a differential of $4.61 per day.

c. Employees, regardless of the time base or tenure, who use their bilingual skills more than ten percent (10%) of the time on a continuing basis and are approved by the Department of Personnel Administration will receive the bilingual differential pay on a regular basis.

d. Bilingual differential payments will become earnings and subject to contributions to the State Retirement System, OASDI, levies, garnishments, Federal and State taxes.

e. Employees working in positions which qualify for regular bilingual differential pay as authorized by the Department of Personnel Administration may receive the appropriate pay during periods of paid time off and absences (e.g., sick leave, vacation, holidays, etc.).

f. Employees will be eligible to receive the bilingual differential payments on the date the Department of Personnel Administration approves the departmental pay request. The effective date shall be retroactive to the date of appointment, not to exceed one (1) year, and may be retroactive up to two (2) years, to a position requiring bilingual skills when the appointment documentation has been delayed. The effective date for bilingual pay differential shall coincide with the date qualified employees begin using their bilingual skills on a continuing basis averaging ten percent (10%) of the time, consistent with the other provisions of this section.

g. Bilingual differential payments will be included in the calculation of lump sum vacation, sick leave and extra hour payments to employees terminating their State service appointment while on bilingual status.

h. Effective October 31, 2002, qualifying employees in Work Week Group 2 shall receive bilingual compensation for overtime hours worked.

i. Employees receiving regular bilingual differential pay will have their transfer rights determined from the maximum step of the salary range for their class. Incumbents receiving bilingual pay will have the same transfer opportunities that other class incumbents are provided.

j. The bilingual differential pay shall be included in the rate used to calculate temporary disability; industrial disability and non-industrial disability leave benefits.

3.5 Overpayments/Payroll Errors

Overpayments/Payroll errors shall be administered in accordance with Government Code Section 19838 except as otherwise provided in Section 3.12 entitled Late Docks.

3.6 Timely Payment of Wages

a. When a permanent full-time or probationary employee receives no pay warrant on payday, the State agrees to issue a salary advance, consistent with departmental policy and under the following conditions:

1.   When there are errors or delays in processing the payroll documents and the delay is through no fault of the employee, a salary advance will normally be issued within two (2) work days after payday for an amount close to the actual net pay (gross salary less deductions) in accordance with departmental policy.

2.   When a regular paycheck is late for reasons other than (1) above (e.g., AWOL, late dock), a salary advance of no less than 50% of the employee’s actual net pay will normally be issued within five work days after payday except as otherwise provided in Section 3.12 entitled Late Docks. No more than two salary advances per calendar year may be issued under these circumstances.

3.   The difference between the employee’s net pay and the salary advance shall not be paid until after receipt of the Controller’s warrant for the pay period.

4.   The circumstances listed in (1), (2), and (3) are not applicable in remote areas where difficulties in the payroll process would not allow these timelines to be met. In these areas the State agrees to attempt to expeditiously correct payroll errors and issue salary advances.

b. It will be the responsibility of the employee to make sure voluntary deductions (e.g., credit union deductions, union dues, etc.) are paid.

c. This provision does not apply to those employees who have direct deposit. This provision does not preclude advances if they are provided for under any other rules or policies where direct deposit is involved.

d. For overtime checks, an advance for an amount close to the actual net pay shall be issued by the end of the pay period following the actual month for which the overtime is submitted if the overtime check is not available at that time.

3.7 Long Term Differential

a. This section applies to Caltrans employees who otherwise qualify for long term per diem pursuant to Section 7.1, Business and Travel Expenses. Employees receiving the differential provided for in this section shall not receive long term per diem.

b. Caltrans employees who are assigned in writing to Long Term Assignments (LTA) for more than one year (365 days) at the outset of their assignment letter and who otherwise qualify for long term per diem shall receive a monthly pay differential in lieu of long term per diem for meals and receipted lodging.

c. To qualify for the LTA monthly differential, affected employees shall be required to submit receipts as proof that actual lodging expenses were incurred.

d. The LTA monthly differential will be paid for a period starting the first day of the actual assignment and will end the last day of the assignment. The monthly differential shall be pro-rated for months in which the LTA begins or ends in the middle of the month.

e. The LTA monthly differential shall be $1,800.00. Effective October 31, 2002, this rate shall be the same for employees who maintain (and employees who do not maintain) a separate permanent residence at their headquarters location as otherwise described for purposes of long term travel reimbursement in subsection 7.1 of this agreement.

f. Long Term Differential Pay shall not be added to base pay for purposes of calculating such things as overtime.

g. Long Term Differential Pay shall not be considered compensation for purposes of retirement contributions.

h. Departments other than Caltrans may provide the Long Term Assignments differential provided in this section at the department’s descretion.

3.8 Prison Recruitment and Retention Bonus

a. Effective July 1, 1998, Unit 9 employees who are employed at Avenal, Ironwood, Calipatria, Centinella or Chuckawalla Valley State Prisons, Department of Corrections, for twelve (12) consecutive qualifying pay periods, shall be eligible for a recruitment and retention bonus of $2,400, payable thirty (30) days following the completion of the twelve (12) consecutive qualifying pay periods.

b. If an employee voluntarily terminates, transfers, or is discharged prior to completing twelve (12) consecutive pay periods at Avenal, Ironwood, Calipatria, Centinella or Chuckawalla Valley State Prisons, there will be no pro rata payment for those months at either facility.

c. If an employee is mandatorily transferred by the Department, he/she shall be eligible for a pro rata share for those months served.

d. If an employee promotes to a different facility, or department other than Avenal, Ironwood, Calipatria, Centinella or Chuckawalla Valley State Prisons prior to completion of the twelve (12) consecutive qualifying pay periods, there shall be no pro rata of this recruitment and retention bonus. After completing the twelve (12) consecutive qualifying pay periods, an employee who promotes within the Department will be entitled to a pro rata share of the existing retention bonus.

e. Part-time and intermittent employees shall receive a pro rata share of the annual recruitment and retention differential based on the total number of hours worked excluding overtime during the twelve (12) consecutive qualifying pay periods.

f. Annual recruitment and retention payments shall not be considered as compensation for purposes of retirement contributions.

g. Employees on IDL shall continue to receive this stipend.

h. If an employee is granted a leave of absence, the employee will not accrue time towards the twelve (12) qualifying pay periods, but the employee shall not be required to start the calculation of the twelve (12) qualifying pay periods all over. For example, if an employee has worked four (4) months at a qualifying institution and then takes six (6) months’ maternity leave, the employee will have only eight (8) additional qualifying pay periods before receiving the initial payment of $2,400.

3.9 Shift Differential

Unit 9 employees who regularly work shifts shall receive a night shift differential as set forth below:

a. Employees shall qualify for the first night shift pay differential of forty (40) cents per hour where four (4) or more hours of the regularly scheduled work shift falls between 6 p.m. and 12 midnight.

b. Employees shall qualify for the second night shift pay differential of fifty (50) cents per hour where four (4) or more hours of the regularly scheduled work shift falls between 12 midnight and 6 a.m.

3.10 Diving Pay

a. Incumbents in classifications currently eligible to receive diving pay shall continue to receive the differential at the rate of $12.00 per diving hour.

b. Upon Department of Personnel Administration approval, new classes may be added to the eligible list and employees meeting these diving pay criteria will be so compensated.

3.11 Range Changes

a. Employees shall receive upon movement to an alternate range the salary and MSA provided in the Alternate Range Criteria for the class. If there are no specific salary regulations provided in the Alternate Range Criteria, the employee shall receive the salary and MSA as provided in DPA Rule 599.681.

b. Employees, at their discretion, who are eligible for a range change may defer their range change up to six (6) qualifying pay periods in order to coincide the range change with the effective date of their MSA. Said requests by employees shall be in writing and submitted no less than 30-days prior to the employee’s anniversary date for purposes of the range change.

3.12 Late Docks

Notwithstanding Section 3.5 (Overpayments/Payroll Errors) and Section 3.6 (Timely Payment of Wages), departments may elect to proceed as follows as it pertains to “late docks”.

a. Whenever an employee is charged with a “late dock” as defined by the State Controller’s Office (SCO) for the purpose of issuing salary through the negative payroll system, departments may issue the employee’s paycheck for that period as if no late dock occurred. This means that:

1.   The employee will receive a regular pay warrant on pay day (unless it would have been withheld for purposes other than the late dock);

2.   The employee will be overpaid, since the dock time will not have been deducted from the employee’s pay check; and,

3.   The employee’s pay will be adjusted for any dock time occurring before the SCO cut off date, since late docks occur on or after the cut off date established by SCO.

b. Employees who are overpaid because of paragraph a. above, will repay the State for their overpayment by an automatic payroll deduction of the total amount from their next month’s pay check/warrant (or successive warrants where needed to satisfy the debt). Departments shall notify employees about the overpayment and the automatic payroll deduction in writing. The absence of said notification before the overpayment is made will not preclude the department from automatically deducting overpayments as otherwise permitted by this section.

c. Departments that elect to proceed under this section may do so on an employee-by-employee basis thereby reserving the right to issue salary advances in lieu of a regular paycheck in order to avoid an overpayment due to a late dock under such circumstances as when an employee has previous “late dock” situations or if there is reason to expect the employee to leave state service prior to the end of the next pay period.

d. If an employee separates or retires from State service before satisfying late dock overpayments as a result of this section, the State shall deduct the total amount due from any other pay owing the employee at the time of his/her separation or retirement.

3.13 ICBO/OSHPD Certificates – Department of General Services

Full-time Unit 9 employees employed by the Department of General Services (DGS) in the following classifications who successfully complete the examination for the International Conference of Building Officials (ICBO) or the Office of Statewide Health Planning and Development (OSHPD) certificates may be reimbursed for application and/or examination fees. Full-time Unit 9 employees in DGS may also be reimbursed for renewal fees once every three years.

      Construction Inspector II
      Construction Supervisor I
      Construction Supervisor II

3.14 Safety Professional Certificates – Department of Industrial Relations

Full-time Unit 9 employees employed by the Department of Industrial Relations (DIR) in the following classifications who successfully complete the examination for Certified Safety Professional administered by the Board of Certified Safety Professionals may be reimbursed for application and/or examination fees. Full-time Unit 9 employees in DIR may also be reimbursed for renewal fees once per calendar year.

Junior Safety Engineer

Assistant Safety Engineer

Associate Safety Engineer

Associate Safety Engineer (Amusement Rides)

Associate Safety Engineer (Elevators)

Associate Safety Engineer (M/T)

Associate Safety Engineer (Pressure Vessels)

Senior Safety Engineer (Construction)

Senior Safety Engineer (Electrical)

Senior Safety Engineer (Industrial)

3.15 Climbing Pay

a. Air Resources Board

Air Resources Board (ARB) employees who are required to climb to the sampling point of smoke stacks or storage tanks at a height of 30 feet or more shall receive an hourly differential of $10.00 per actual climbing hour. Said employees may be required to successfully complete training prescribed by ARB as a condition of employment in positions requiring climbing. Effective April 1, 2002, “climbing” smoke stacks and storage tanks requires the use of hands and feet for thirty (30) feet upward to sampling points. “Climbing” does not include such things as taking an elevator or climbing the stairs in a building upon which a smoke stack is located.

b. Caltrans and Water Resources

Caltrans and Department of Water Resources employees who are required to climb using climbing equipment, and employees of the same departments who are required to hold backup safety lines for climbers, shall receive an hourly differential of $10.00 per actual climbing hour using climbing equipment or holding backup safety lines. Said employees may be required to successfully complete training prescribed by their respective departments as a condition of employment in positions requiring climbing or securing backup safety lines.

c. Department of Industrial Relations

Effective April 1, 2002, Department of Industrial Relations (DIR) employees who are required to climb a tower crane, or any other structure in which the employee is required to use climbing equipment, to a height of thirty (30) feet or more for the purpose of conducting an inspection or investigation shall receive an hourly differential of ten dollars ($10) per actual climbing hour. Said employee may be required to successfully complete training prescribed by the Division of Occupational Safety and Health as a condition of employment in positions necessitating climbing.

d. Department of General Services

Effective April 1, 2002, Department of General Services (DGS) employees who are required to climb Telecommunications tower antenna structures and employees of the same department who are required to hold backup safety lines for climbers at a height of thirty feet or more, shall receive an hourly differential of ten dollars ($10) per actual climbing hour using climbing equipment or holding backup safety lines. Climbing requires the use of hands and feet and shall not include such things as taking an elevator or climbing stairs contained in a building upon which a tower antenna structure is located. Employees are required to complete training prescribed by DGS in positions requiring climbing.

e. Compensation Terms

Effective April 1, 2002, employees who “climb” pursuant to a., b., c., and d. will receive a minimum of one hour of climbing pay for any amount of climbing during the first hour of each day. Additional times spent climbing after the first hour during the same day will be rounded to the nearest quarter hour.

3.16 Non-licensed Classification Bonus

Employees in non-deep classifications at the associate level which do not require a license as a condition of appointment or promotion who currently have or during the term of this agreement obtain a license related to their field of work, shall receive a one-time $500 bonus and (effective October 31, 2002) shall not receive multiple boni.

3.17 Traffic Engineer Differential

Ten (10) licensed Traffic Engineers in Range C of the Transportation Engineer, Caltrans, classification who spend a majority of their time performing Traffic Engineer related duties, shall receive a salary differential effective July 1, 1999, of $225 per month. If there are more than ten (10) qualifying engineers, those ten (10) with the most state seniority shall receive the differential. The differential shall be considered compensation for purposes of retirement and overtime.

3.19 Recruitment and Retention Pay Differential

a. Effective April 1, 2002, the State shall provide a Recruitment and Retention Pay Differential of three hundred dollars ($300) per month to all employees in the classes listed below:

Class Code	Schem Code	Classification
3345	GV80	Structural Engineering Associate
3336	GV50	Senior Structural Engineer
3359	GW10	Lead Senior Structural Engineer - Emergency
3362	GW20	Senior Structural Engineer - Emergency
3163	GK20	Senior Transportation Electrical Engineer (Specialist)
3166	GK30	Associate Transportation Electrical Engineer (Specialist)
3600	HJ30	Senior Electrical Engineer
3603	HJ40	Associate Electrical Engineer
3000	GM15	Associate Electrical Engineer, Caltrans
3611	HK10	Associate Electrical Engineer Hydraulic Structures
3613	HJ55	Electrical Engineer
3825	HY70	Associate Sanitary Engineer
3640	HK85	Associate Telecommunications Engineer
2177	GM30	Senior Electrical Engineer, Caltrans (Specialist)
3377	GX60	Associate Electronics Engineer
3609	HJ54	Transportation Engineer (Elect)
4841	BI07	Elect Gen Systems Specialist I
4847	BI26	Elect Gen Systems Program Specialist I
4848	BI23	Elect Gen Systems Program Specialist II
4860	BI36	Elect Transmission Systems Program Specialist I
4861	BI33	Elect Transmission Systems Program Specialist II

b. 1. Effective April 1, 2002, the State shall provide a Recruitment and Retention Pay Differential of $200 per month to all employees in the classes listed below:

Class Code	Schem Code	Classification
3406	GZ30	Assistant Chemical Testing Engineer
3607	HJ70	Assistant Engineering Specialist - Electrical
3899	IF55	Assistant Safety Engineer
3643	HK95	Assistant Telecommunications Engineer
3649	HN25	Automotive Equipment Standards Engineer
3409	GZ40	Junior Chemical Testing Engineer
3132	GH60	Junior Civil Engineer
3890	IF35	Junior Safety Engineer
3848	HZ15	Sanitary Engineer

      2.   The above Recruitment and Retention differential payments shall not be considered as compensation for purposes of retirement contributions.

      3.   If an employee transfers to an ineligible classification, DPA may rescind the differential.

c.   1.   Effective April 1, 2002, upon approval by the Department of Personnel Administration and PECG, departments may provide Unit 9 employees a recruitment and retention differential for specific positions, classifications, facilities, or geographic locations.

2.   Less than full-time permanent employees shall receive the recruitment and retention differential on a pro rata basis.

3.   Permanent intermittent employees shall receive a pro rated recruitment and retention differential based on the hours worked in the pay period.

4.   Recruitment and retention payments shall not be considered as compensation for purposes of retirement contributions.

5.   The department may withdraw any recruitment and retention differential established pursuant to this section for a specific position(s), classifications, facilities, geographic locations for new hires with a thirty (30) day notice to PECG.

6.   It is understood by PECG that the decision to implement or not implement recruitment and retention payments established pursuant to this section, or to withdraw authorization for such payments or differential, and the amount of such payments or differentials rest solely with the State and that such decision is not grievable or arbitrable.

d. Effective April 1, 2002, Air Resources Engineer, Range C shall receive a 5% recruitment and retention differential. For the purpose of calculating transfer eligibility upon movement to another class in State service, the 5% Recruitment and Retention Differential shall be included in the base salary.

3.21 Lead Person Differential

a. Effective October 31, 2002, Transportation Surveyors (Class code 3029) employed by Caltrans who are designated as Lead persons in writing over a field survey party shall receive a lead person differential of $253.00 per month.

b. Employees who receive the differential waive the right to seek out-of-class compensation based on, or as consideration for, lead person duties.

c. This differential shall be considered compensation for purposes of calculating retirement. The differential shall also be considered part of the base for purposes of calculating overtime.

3.25 Personal Expense Differential

1. This section applies to Unit 9 employees who are required to be on State business more than 50 miles from their home and headquarters and incur personal, non-receipted expenses as the result of said travel which are not reimbursed under statutes, regulations, policies or MOU provisions pertaining to business and travel expenses.

2. Employees receiving reimbursement for business and travel expenses by other means (e.g., statutes, rules or MOU provisions such as the Long Term Differential in
Section 3.7 or Business and Travel Expenses in Section 7.1) shall not be eligible for the personal expense differential.

3. Eligible employees may request (and shall thereafter receive) a personal expense differential rate of:

A. $67 for personal, non-receipted expenses associated with travel of 12 to 24 hours if expenses are incurred; and,

B. $33.00 for personal, non-receipted expenses associated with travel of less than 12 hours if expenses are not incurred.

4. The personal expense differential may only be requested (and shall only be approved) when the employee used facilities such as, but not limited to, house trailers and camping equipment. Staying with friends, relative or at one’s own second residence is not qualifying.

5. Departments may adopt differing procedures for purposes of implementing this section (e.g., the form used to request the differential, cutoff dates for submission of the form). Advances will not be approved.

6. The personal expense differential shall not be considered compensation for purposes of calculating overtime.

7. The personal expense differential shall not be considered compensation for purposes of retirement contributions.

ARTICLE 4
HEALTH AND WELFARE

4.1 Health Benefit Plan

A. Health Contribution Amounts

1.   Through December 31, 2003, the State agrees to pay the following contribution for health benefits. To be eligible for this contribution, an employee must positively enroll in a health plan administered or approved by CalPERS.

a.   The State shall pay up to $226 per month for coverage on an eligible employee.

b.   The State shall pay up to $450 per month for coverage of an eligible employee plus one dependent.

c.   The State shall pay up to $589 per month for coverage of an employee plus two or more dependents.

2.   Effective January 1, 2004 through December 31, 2005, the employer health benefits contribution for each employee shall be an amount equal to 80 percent of the weighted average of the Basic health benefit plan premiums for a State active civil service employee enrolled for self-alone, during the benefit year to which the formula is applied, for the four Basic health benefit plans that had the largest State active civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four Basic health benefit plans that had the largest State active civil service enrollment, excluding family members, during the previous benefit year.

      Effective January 1, 2006, the employer health benefits contribution for each employee shall be an amount equal to 85 percent of the weighted average of the Basic health benefit plan premiums for a State active civil service employee enrolled for self-alone, during the benefit year to which the formula is applied, for the four Basic health benefit plans that had the largest State active civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional 80 percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four Basic health benefit plans that had the largest State active civil service enrollment, excluding family members, during the previous benefit year.

3.   The parties agree to work cooperatively with CalPERS and the health plans to control premium increases.

B. Dental Benefits Plans

1.   Contribution Amounts

a.   Effective July 1, 2001, the State agrees to pay the following contributions for dental benefits. To be eligible for this contribution, an employee must positively enroll in a dental plan administered by the Department of Personnel Administration.

(1) The State shall pay up to $30.70 per month for coverage of an eligible employee.

(2) The State shall pay up to $55.60 per month for coverage of an eligible employee plus one dependent.

(3) The State shall pay up to $81.38 per month for coverage of an eligible employee plus two or more dependents.

b.   The employee will pay any premium amount for the dental plan in excess of the State’s contribution, except that the employee’s share of the cost shall not exceed twenty-five percent (25%) of the total premium.

2.   Coverage During First 24 Months of Employment

      Employees appointed into State service who meet the above eligibility criteria, will not be eligible for enrollment in the State-sponsored indemnity or preferred provider option plan until they have completed twenty-four (24) months of employment without a permanent break in service, during the twenty-four (24) month qualifying period. However, if no alternative plan or prepaid plan is available within a fifty (50) mile radius of the employee’s residence, the employee will be allowed to enroll in the indemnity or preferred provider option plan.

C. Vision Benefit Plan

Program Description

The employer agrees to provide a vision benefit to eligible employees and dependents. The vision benefit provided by the State shall have an employee co-payment of ten dollars ($10) for the comprehensive annual eye examination and twenty-five dollars ($10) for the comprehensive annual eye examination and twenty-five dollars ($25) for materials.

4.2 Health Benefit Plan – Eligibility for Benefits

A. Health Benefits - Eligibility for Benefits

1.   Employee Eligibility

      For purposes of this section, “eligible employee” shall be defined by the Public Employees’ Medical and Hospital Care Act.

2.   Permanent Intermittent (PI) Employees

A. Initial Eligibility

      A permanent intermittent employee will be eligible to enroll in health benefits during each calendar year if the employee has been credited with a minimum of 480 paid hours in one of two PI control periods. For purposes of this section, the control periods are January 1 through June 30 and July 1 through December 31 of each calendar year. An eligible permanent intermittent employee must enroll in a health benefit plan within sixty (60) days from the end of the qualifying control period.

B.   Continuing Eligibility

      To continue health benefits, a permanent intermittent employee must be credited with a minimum of 480 paid hours in a control period or nine hundred sixty (960) paid hours in two consecutive control periods.

3.   Family Member Eligibility

      For purposes of this section, “eligible family member” shall be defined by the Public Employees’ Medical and Hospital Care Act and includes domestic partners that have been certified with the Secretary of State’s office in accordance with AB 26 (Chapter 588, Statutes of 1999).

B. Dental Benefits - Eligibility for Benefits

1.   Employee Eligibility

      Employee eligibility for dental benefits is the same as that prescribed for health benefits under Section 4.2 A.1 and 2 of this agreement.

2.   Family Member Eligibility

      Family member eligibility for dental benefits is the same as that prescribed for health benefits under Section 4.2 A.3 of this agreement.

C. Vision Benefit - Eligibility for Benefits

1.   Employee Eligibility

      Employee eligibility for vision benefits is the same as that prescribed for health benefits under Section 4.2 A.1. and 2. of this agreement.

2.   Family Member Eligibility

      Family member eligibility for vision benefits is the same as that prescribed for health benefits under Section 4.2. A.3 of this agreement.

4.3 Non-Industrial Disability Insurance

A. Non-Industrial Disability Insurance (NDI) is a program for State employees who become disabled due to non-work related disabilities as defined by Section 2626 of the Unemployment Insurance Code.

B. For periods of disability commencing on or after October 1, 1984, eligible employees shall receive NDI payments at 60% of their full pay, not to exceed $135 per week, payable monthly for a period not exceeding 26 weeks for any one disability benefit period. An employee is not eligible for a second disability benefit due to the same or related cause or condition unless they have returned to their regular time base, and work for at least ten (10) consecutive work days. Paid leave shall not be used to cover the ten (10) work days.

C. The employee shall serve a ten (10) consecutive calendar day waiting period before NDI payments commence for each disability. Accrued vacation or sick leave balances may be used to cover this waiting period. The waiting period may be waived commencing with the first full day of confinement in a hospital or nursing home for at least one full day. A full day is defined as a 24-hour period starting at midnight.

D. If the employee elects to use vacation, annual leave, personal leave or sick leave credits prior to receiving NDI payments, he or she is not required to exhaust the accrued leave balance.

E. Following the start of NDI payments, an employee may, at any time, switch from NDI to sick leave, vacation leave, annual leave, personal leave, or catastrophic leave but may not return to NDI until that leave is exhausted.

F. In accordance with the State’s “return to work” policy, an employee who is eligible to receive NDI benefits and who is medically certified as unable to return to full-time work during the period of his or her disability, may upon the discretion of his or her appointing power work those hours (in hour increments) which, when combined with the NDI benefit, will not exceed 100% of their regular “full pay.” This does not qualify the employee for a new disability period under subsection B. of this section. The appointing power may require an employee to submit to a medical examination by a physician or physicians designated by the Director of the Employment Development Department for the purpose of evaluating the capacity of the employee to perform the work of his or her position.

G. If an employee refuses to return to work in a position offered by the employer under the State’s Injured State Worker Assistance Program, NDI benefits will be terminated effective the date of the offer.

H. Where employment is intermittent or irregular, the payments shall be determined on the basis of the proportionate part of a monthly rate established by the total hours actually employed in the 18 monthly pay periods immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. An employee will be eligible for NDI payments on the first day of the monthly pay period following completion of 960 hours of compensated work.

I. All other applicable Department of Personnel Administration laws and regulations not superseded by these provisions will remain in effect.

J. Upon approval of NDI benefits, the State may issue an employee a salary advance if the employee so requests.

K. All appeals of a denial of an employee’s NDI benefits shall only follow the procedures in the Unemployment Insurance Code and Title 22. All disputes relating to an employee’s denial of benefits are not grievable or arbitrable. This does not change either party’s contractual rights which are not related to the denial of an individual’s benefits.

4.4 Enhanced Non-Industrial Disability Insurance - Annual Leave

A. This ENDI provision is only applicable to employees participating in the annual leave program referenced in section 5.12.

B. Enhanced Non-Industrial Disability Insurance (ENDI) is a program for State employees who become disabled due to non-work related disabilities as defined by Section 2626 of the Unemployment Insurance Code.

C. For periods of disability commencing on or after January 1, 1989, eligible employees shall receive ENDI payments at 50% of their gross salary, payable monthly for a period not exceeding 26 weeks for any one disability benefit period. An employee is not eligible for a second disability benefit due to the same or related cause or condition unless they have returned to their regular time base, and work for at least ten (10) consecutive work days. Paid leave shall not be used to cover the ten (10) work days. Disability payments may be supplemented with annual leave, sick leave or partial payment to provide for up to 100% income replacement. At the time of an ENDI claim, an employee may elect either the 50% ENDI benefit rate or a supplementation level of 75% or 100% at gross pay. Once a claim for ENDI has been filed and the employee has determined the rate of supplementation, the supplemental rate shall be maintained throughout the disability period.

D. The employee shall serve a seven (7) consecutive calendar day waiting period before ENDI payments commence for each disability. Accrued paid leave or CTO leave balances may be used to cover this waiting period. The waiting period may be waived commencing with the first full day of confinement in a hospital, nursing home, or emergency clinic for at least one full day. A full day is defined as a 24-hour period starting at midnight.

E. If the employee elects to use annual leave or sick leave credits prior to receiving ENDI payments, he or she is not required to exhaust the accrued leave balance.

F. Following the start of ENDI payments, an employee may at any time switch from ENDI to sick leave or annual leave, but may not return to ENDI until that leave is exhausted.

G. In accordance with the State’s “return to work” policy, an employee who is eligible to receive ENDI benefits and who is medically certified as unable to return to their full-time work during the period of his or her disability, may upon the discretion of his or her appointing power, work those hours (in hour increments) which when combined with the ENDI benefit will not exceed 100% of their regular “full pay.” This does not qualify the employee for a new disability period under C. of this section. The appointing power may require an employee to submit to a medical examination by a physician or physicians designated by the Director of the Employment Development Department for the purpose of evaluating the capacity of the employee to perform the work of his or her position.

H. If an employee refuses to return to work in a position offered by the employer under the State’s Injured State Worker Assistance Program, ENDI benefits will be terminated effective the date of the offer.

I. Where employment is intermittent or irregular, the payments shall be determined on the basis of the proportionate part of a monthly rate established by the total hours actually employed in the 18 monthly pay periods immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. An employee will be eligible for ENDI payments on the first day of the monthly pay period following completion of 960 hours of compensated work.

J. All other applicable Department of Personnel Administration laws and regulations not superseded by these provisions will remain in effect.

K. Upon approval of ENDI benefits, the State may issue an employee a salary advance if the employee so requests.

L. All appeals of an employee’s denial of ENDI benefits shall only follow the procedures in the Unemployment Insurance Code and Title 22. All disputes relating to an employee’s denial of benefits are not grievable or arbitrable. This does not change either party’s contractual rights which are not related to an individual’s denial of benefits.

M. Employees who become covered in the annual leave program while on an NDI claim shall continue to receive NDI pay at the old rate for the duration of the claim.

N. Employees who do not elect the annual leave program will receive NDI benefits in accordance with the current program in section 4.3 and such benefits are limited to $135.00 per week.

4.5 Cost Containment Committee

The State and PECG agree to continue the Joint Labor/Management Benefits Committee. The committee shall consist of an equal number of labor and management representatives. The committee shall be advisory in nature. The purpose of the committee shall be to provide policy advice and recommendations on the health benefits program to the Public Employees’ Retirement System (PERS) and on the dental, vision, employee assistance, and legal services benefits to the Department of Personnel Administration (DPA). This committee will not provide advice on the Worksite Health Promotion or Savings Plus Deferred Compensation programs.

PECG shall be entitled to one (1) representative who is qualified to provide policy advice and to commit his/her organization to a course of action decided by the committee. An appropriate number of management representatives shall be appointed by DPA.

Meetings shall be scheduled at least quarterly, and a specific agenda of issues to be discussed will be developed and distributed in advance of each meeting. Additional meetings may be scheduled on an as-needed basis.

The committee shall be co-chaired by a Labor representative selected by union committee members and a Management representative appointed by DPA.

PECG representatives shall serve without loss of compensation. All other expenses shall be the responsibility of each party participating on this committee.

4.6 Employee Assistance Program

A. The State recognizes that alcohol, drug abuse, and stress may adversely affect job performance and are treatable conditions. As a means of correcting job performance problems, the State may offer referral to treatment for alcohol, drug and stress-related problems such as marital, family, emotional, financial, medical, legal or other personal problems. The intent of this Section is to assist an employee’s voluntary efforts to treat alcoholism or a drug-related or stress related problem so as to retain or recover his/her value as an employee.

B. Each department head or designee shall designate an Employee Assistance Program Coordinator who shall arrange for programs to implement this section. Employees who are to be referred to an Employee Assistance Program Coordinator will be referred by the appropriate management personnel, or may refer themselves on a voluntary basis. An employee undergoing alcohol, drug, or mental health treatment, upon approval, may use accrued sick leave, compensating time off credits and vacation leave credits for such a purpose. Leaves of absence without pay may be granted by the department head or designee upon the recommendation of the Employee Assistance Program Coordinator if all sick leave, vacation and compensating time off have been exhausted and the employee is not eligible to use Industrial Disability Leave or Non-Industrial Disability Insurance.

C. Medical records concerning an employee’s treatment for alcoholism, drug or stress-related problems shall remain confidential and shall remain separate from other personnel materials.

4.7 FlexElect Program

A. Program Description

1.   The State agrees to provide a flexible benefits program (FlexElect) under Internal Revenue Code Section 125 and related Sections 105(b), 129, and 213(d). All participants in the FlexElect Program shall be subjected to all applicable Federal statutes and related administrative provisions adopted by DPA. The administrative fee paid by the participants will be determined each year by the Director of the Department of Personnel Administration.

2.   Employees who meet the eligibility criteria stated in Section 4.7 (B)(1) will be eligible to enroll into a Cash Option Program (a monthly cash payment) in lieu of health and/or dental coverage under the FlexElect Program.

3.   Employees who meet the eligibility criteria stated in Section 4.7 (B)(1) will be eligible to enroll into a Medical Reimbursement Account and/or a Dependent Care Reimbursement Account.

B. Employee Eligibility

1.   All eligible employees must have a permanent appointment with a time-base of half time or more and have permanent status, or if a limited term or a temporary authorized (TAU) position, must have mandatory return rights to a permanent position.

2.   Permanent Intermittent (PI) employees shall only participate in the Cash Option and will be eligible to receive a six month cash payment for the first control period of each plan year. PI’s choosing the Cash Option will qualify for the cash if they meet all of the following criteria:

a.   Must be eligible to enroll in health and/or dental coverage as of January 1 of the Plan Year for which they are enrolling; and,

b.   Must have a PI appointment which is effective from January 1 through June 30 of the Plan Year for which they are enrolling; and,

c.   Must be paid for at least four hundred eighty (480) hours during the January through June control period for the Plan Year in which they are enrolling; and,

d.   Must have completed an enrollment authorization during the FlexElect Open Enrollment Period or as newly eligible.

3.   Section 4.7 (B)(2) is not grievable or arbitrable.

4.8 Long-Term Care Insurance Plans

Employees in classes assigned to Bargaining Unit 9 are eligible to enroll in any long-term care insurance plan sponsored by the Public Employees Retirement Board. The employee’s spouse, parents, and the spouse’s parents are also eligible to enroll in the plans, subject to the underwriting criteria specified in the plan.

The long-term care insurance premiums and the administrative cost to the State shall be fully paid by the employee and are subject to payroll deductions.

4.9 Pre-Tax of Health/Dental Premiums

Employees who are enrolled in any health and/or dental plan which requires a portion of the premium to be paid by the employee, will automatically have their out-of-pocket premium costs taken out of their paycheck before Federal, State and social security taxes are deducted. Employees who choose not to have their out-of-pocket costs pre-taxed, must make an election not to participate in this benefit.

4.10 Group Legal Services Plan

Bargaining Unit 9 employees shall be eligible to enroll in the State-sponsored Group Legal Services Plan. This plan is available on a voluntary, after-tax, payroll deduction basis, with all costs being paid by the employee, including a service charge for the costs of administering the plan.

4.11 1959 Survivors’ Benefits – Fifth Level

A. Employees in this unit who are members of the Public Employees’ Retirement System (PERS) will be covered under the Fifth Level of the 1959 Survivors’ Benefit, which provides a death benefit in the form of a monthly allowance to the eligible survivor in the event of death before retirement. This benefit will be payable to eligible survivors of current employees who are not covered by Social Security and whose death occurs on or after the effective date of the Memorandum of Understanding for this section.

B. The contribution for employees covered under this new level of benefits will be $2 per month. The rate of contribution for the State will be determined by the PERS Board.

C. The survivors’ benefits are detailed in the following schedule:

1.   A spouse who has care of two or more eligible children, or three or more eligible children not in the care of spouse — $1,800

2.   A spouse with one eligible child, or two eligible children not in the care of the spouse    — $1,500

3.   One eligible child not in the care of the spouse; or the spouse, who had no eligible children at the time of the employee’s death, upon reaching age 62 — $750.

4.12 Rural Subsidy Program

A. The State shall continue a Rural Health Care Equity Program for Bargaining Unit 9 members, which may be administered in conjunction with a similar program for State employees in other bargaining units, for excluded employees and for annuitants. The Department of Personnel Administration (DPA) shall administer any fund involving Bargaining Unit 9 members.

B. The program shall operate in the following fashion:

1.   The State shall contribute $1500 per year on behalf of each bargaining unit member (employee) who lives in a defined rural area, as more definitely described in Government Code Section 22825.01.

(a.) Payments shall be on a monthly basis.

(b.) For permanent employees, as in the “Medical Reimbursement Account” situation, the employee does not have to wait for reimbursement of covered medical expenses until the full amount has been deposited.

2.   As to any employee who enters State service or leaves State service during a fiscal year, contributions for such employee shall be made on a pro rata basis. A similar computation shall be used for anyone entering or leaving the bargaining unit (e.g., promotion in mid-fiscal year).

3.   The money shall be available for use as defined in Government Code Section (GC) 22825.01.

4.   A Rural Healthcare Equity Program will be established with a separate account for Bargaining Unit 9 members, as one of several similar accounts.

5.   Each Unit 9 employee shall be able to utilize up to $1500 per fiscal year, pursuant to GC section 22825.01, but with the exceptions for greater utilization hereafter noted. The pro rata limitation pursuant to Section 4.12.B.2 is applicable here.

6.   If an employee does not utilize the complete $1500 pursuant to the procedures and limitations described in GC section 22825.01, then the unused monies shall be put in a “same year pool.” That same year pool shall be utilized to pay those who have incurred eligible health care expenses in excess of the $1500, but again according to the procedures and limitations in GC section 22825.01. The monies in the same year pool would be distributed at the end, or even soon after, each fiscal year to that group of employees who had expenses in excess of $1500 in the relevant fiscal year. Those monies shall be distributed on a pro tanto (pro rata) basis.

(a.) Any employee not in Bargaining Unit 9 all year shall receive credit under this paragraph utilizing the same pro rata formula as in Section 4.12.B.2 above.

(b.) If an employee is entitled to less than twenty five dollars ($25) under Section 4.12.B.6, the money shall instead go into next year’s fund pursuant to Section 4.12.B.7 hereafter.

7.   If monies still remain after a distribution to such employees (i.e., all employees who spent more than $1500 as provided in GC section 22825.01 were completely reimbursed), then those surplus monies shall be rolled over into the next fiscal year’s funds available for distribution to employees whose expenses pursuant to the statute exceed $1500 in such subsequent year. Similar “rollovers” would occur in any years where all employees were completely reimbursed (or had payments made on their behalf) pursuant to GC section 22825.01 and monies still remained in the pool.

ARTICLE 5
LEAVES

5.1 Sick Leave

A. DPA Rule 599.745 (a) through (d) regarding the definition of “sick leave” is superseded by the following:

As used in this Section, “sick leave” means the necessary absence from duty of an employee because of:

1.   Illness or injury, including illness or injury relating to pregnancy.

2.   Exposure to a contagious disease.

3.   Dental, eye, and other physical or medical examination or treatment by a licensed practitioner.

4.   Absence from duty for attendance upon the employee’s ill or injured parent, spouse, (effective April 1, 2002, domestic partner as certified with the Secretary of State’s Office in accordance with AB 26 (Chapter 588, Statutes of 1999)), child, brother, sister, grandparent, mother-in-law, father-in-law, grandchild, foster parent, foster child, guardian, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepchild, adopted child, or any person residing in the immediate household, or to transport any of the above for the purpose listed in 3. above. Such absence shall not exceed eight (8) days per year.

B. DPA Rule 599.749 regarding sick leave usage is superseded by the following:

1.   The department head or designee may require the employee to submit a physician’s or licensed practitioner’s certificate if:

a.   The employee is absent on sick leave for more than two consecutive work days; or

b.   The supervisor has good cause to believe the employee’s use of sick leave is improper and the employee is notified in advance (at the beginning of the work day for which sick leave is requested or sooner) that the physician’s or licensed practitioner’s certificate may be required.

2.   The department head or designee may deny sick leave if the certificate is not provided or sick leave was taken under false pretenses.

5.2 Bereavement Leave

A. Effective July 1, 2002, a department head or designee shall authorize bereavement leave with pay for a permanent or probationary full-time State employee due to the death of his/her parent, stepparent, spouse, domestic partner who has been certified with the Secretary of State’s Office in accordance with AB 26 (Chapter 588, Statutes of 1999), child, adopted child, stepchild, sister, brother, or death of any person residing in the immediate household of the employee at the time of death. An intervening period of absence for medical reasons shall not be disqualifying when, immediately prior to the absence, the person resided in the household of the employee. Such bereavement leave shall be authorized for up to three eight-hour days (24 hours) per occurrence. The employee shall give notice to his/her immediate supervisor as soon as possible and shall, if requested by the employee’s supervisor, provide substantiation to support the request upon the employee’s return to work.

B. A department head or designee shall authorize bereavement leave with pay for a permanent full-time or probationary full-time employee due to the death of grandchild, grandparent, aunt, uncle, niece, nephew, mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-in-law, or brother-in-law. Such bereavement leave shall be authorized for up to three (3) eight-hour days (24 hours) in a fiscal year. The employee shall give notice to his/her immediate supervisor as soon as possible and shall, if requested by the employee’s supervisor, provide substantiation to support the request.

C. If the death of a person as described above requires the employee to travel over four hundred (400) miles one way from his/her home, additional time off with pay shall be granted for two (2) additional days which shall be deducted from accrued leave. Should additional leave be necessary, the department head or designee may authorize the use of other existing leave credits or authorized leave without pay.

D. Employees may utilize their annual leave, vacation, CTO, or any other earned leave credits for additional time required in excess of time allowed in A or B above. Sick leave may be utilized for Bereavement Leave in accordance with the Sick Leave provision of this agreement.

E. Fractional time base (part-time) employees will be eligible for bereavement leave on pro rata basis, based on the employees’ fractional time base.

5.3 Catastrophic Leave

Upon request of an employee and upon approval of a department director or designee, annual leave, CTO, vacation, and/or holiday leave credits may be transferred from one or more employees to another employee, in accordance with departmental policies and under certain conditions listed below. Sick leave credits cannot be transferred under this provision.

1. When the receiving employee faces financial hardship due to injury or the prolonged illness of the employee, employee’s spouse or child.

2. The receiving employee has exhausted all leave credits.

3. The donations must be in whole-hour increments and credited as vacation or annual leave.

4. Transfer of annual leave, vacation, CTO and holiday credits shall be allowed across departmental lines in accordance with the policies of the receiving department.

5. The total leave credits received by the employee shall normally not exceed three months; however, if approved by the appointing authority, the total leave credits received may be six months.

6. Donations shall be made on a form to be developed by the State and signed by the donating employee and verified by the donating department. These donations are irrevocable.

7. This section is not subject to the grievance and arbitration article of this Contract.

5.4 Vacation Leave

A. Employees shall not be entitled to vacation leave credit for the first six (6) months of service. On the first day of the monthly pay period following completion of six (6) qualifying monthly pay periods of continuous service, all full-time employees covered by this Section shall receive a one-time vacation bonus of 42 hours of vacation credit. Thereafter, for each additional qualifying monthly pay period, the employee shall be allowed credit for vacation with pay on the first day of the following monthly pay period as follows:

7 months to 3 years             7 hours per month
37 months to 10 years          10 hours per month
121 months to 15 years        12 hours per month
181 months to 20 years        13 hours per month
20 years and over                14 hours per month

An employee who returns to State service after an absence of six (6) months or longer, caused by a permanent separation, shall receive a one-time vacation bonus on the first monthly pay period following completion of six (6) qualifying pay periods of continuous service in accordance with the employee’s total State service before and after the absence.

B. A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall earn vacation credits as set forth under Subsection A., above. Temporary or permanent separation for more than eleven (11) consecutive working days which fall into two consecutive qualifying pay periods shall disqualify the second pay period.

C. Employees working less than full-time accrue vacation in accordance with the following schedule.

CHART FOR COMPUTING VACATION, SICK LEAVE, AND HOLIDAY CREDITS FOR ALL FRACTIONAL TIME BASE EMPLOYEES. SUPERCEDES ACCRUAL RATES IN MANAGEMENT MEMORANDUM 84-20-1

HOURS OF MONTHLY VACATION CREDIT PER VACATION GROUP								SL/HOL
TIME BASE	7	10	11	12	13	14	15	8
1/5	1.40	2.00	2.20	2.40	2.60	2.80	3.00	1.60
2/5	2.80	4.00	4.40	4.80	5.20	5.60	6.00	3.20
3/5	4.20	6.00	6.60	7.20	7.80	8.40	9.00	4.80
4/5	5.60	8.00	8.80	9.60	10.40	11.20	12.00	6.40
1/8	0.88	1.25	1.38	1.50	1.63	1.75	1.88	1.00
1/4	1.75	2.50	2.75	3.00	3.25	3.50	3.75	2.00
3/8	2.63	3.75	4.13	4.50	4.88	5.25	5.63	3.00
1/2	3.50	5.00	5.50	6.00	6.50	7.00	7.50	4.00
5/8	4.38	6.25	6.88	7.50	8.13	8.75	9.38	5.00
3/4	5.25	7.50	8.25	9.00	9.75	10.50	11.25	6.00
7/8	6.13	8.75	9.63	10.50	11.38	12.25	13.13	7.00
1/10	0.70	1.00	1.10	1.20	1.30	1.40	1.50	0.80
3/10	2.10	3.00	3.30	3.60	3.90	4.20	4.50	2.40
7/10	4.90	7.00	7.70	8.40	9.10	9.80	10.50	5.60
9/10	6.30	9.00	9.90	10.80	11.70	12.60	13.50	7.20

• HOURS OF MONTHLY SICK LEAVE AND HOLIDAY CREDIT

D. If an employee does not use all of the vacation that the employee has accrued in a calendar year, the employee may carry over his/her accrued vacation credits to the following calendar year to a maximum of 640 hours. A department head or designee may permit an employee to carry over more than 640 hours of accrued vacation leave hours if an employee was unable to reduce his/her accrued hours because the employee:

1.   Was required to work as a result of fire, flood, or other extensive emergency;

2.   Was assigned work of a priority or critical nature over an extended period of time;

3.   Was absent on full salary for compensable injury;

4.   Was prevented by department regulations from taking vacation until December 31 because of sick leave; or

5.   Was on jury duty; or,

6.   Was prevented by the department head or designee from utilizing accrued vacation.

It is the employee’s responsibility to utilize all vacation hours in excess of the 640 hour cap by the end of each calendar year unless otherwise prevented from doing so as enumerated in paragraph D(1-6) above. Whenever an employee’s vacation accumulation exceeds 640 hours, the department head or designee has the right to order the employee to submit a vacation request which will demonstrate how and when the employee plans to use any hours which will exceed the cap by the end of the calendar year. If the employee does not submit a plan or fails to use the time as planned for reasons other than those listed above, the department head or designee may then order the employee to take excess time at the convenience of the department.

E. Upon termination from State employment, the employee shall be paid for accrued vacation credits for all accrued vacation time.

F. Employees shall request to take vacation. The department head or designee shall approve the request unless there is an operational need to deny the request.

G. Vacation requests must be submitted in accordance with departmental policies on this subject. When two or more employees ask for the same vacation time and the department head or designee cannot approve all the employees’ requests, approval shall be granted in chronological order of legitimate request, consistent with equity for all affected bargaining unit employees.

H. Each department head or designee will make every effort to act on vacation requests in a timely manner.

I. Vacations will be canceled only when operational needs require it.

J. Unit 9 employees are authorized to use existing fractional vacation hours that may have been accumulated.

K. Vacation leave credits may be used in thirty (30) (effective October 31, 2002, fifteen (15)) minute increments.

5.5 Adoption Leave

A department head or designee shall grant a permanent employee’s request for an unpaid leave of absence for the adoption of a child for a period not to exceed one year. The employee shall provide substantiation to support the employee’s request for adoption leave.

5.6 Parental Leave

a. A female permanent employee shall be entitled, upon request, to an unpaid leave of absence for purposes of pregnancy, child birth, recovery therefrom or care for the newborn child for a period not to exceed one (1) year, including any leave granted under the FMLA. The employee shall provide medical substantiation to support her request for pregnancy leave. The request must include the beginning and ending dates of the leave and must be requested no later than 30 calendar days after the birth of the child. Any changes to the leave, once approved, are permissive and subject to approval of the department head or designee.

If the initial request for parental leave is less than the maximum period allowed, subsequent requests to extend the leave to the maximum one-year time frame are permissive and may be considered by the department head or designee. If the request for parental leave is made more than 30 calendar days after the birth of the child, a permissive unpaid leave of absence may be considered by the department head or designee, in accordance with existing laws and rules.

b. A male spouse, male parent, or effective April 1, 2002, domestic partner as defined and certified with the Secretary of State’s office in accordance with Family Code Section 297, who is a permanent employee, shall be entitled, upon request, to an unpaid leave of absence for a period not to exceed one (1) year to care for his newborn child. The employee shall provide medical substantiation to support his request for parental leave. The request must include the beginning and ending dates of the leave and must be requested no later than 30 calendar days after the birth of the child. Any changes to the leave, once approved, are permissive and subject to approval of the department head or designee.

If the initial request for parental leave is less than the maximum period allowed, subsequent requests to extend the leave to the maximum one year time frame are permissive and may be considered by the department head or designee.

If the request for parental leave is made more than thirty (30) days after the birth of the child, a permissive unpaid leave of absence may be considered by the department head or designee in accordance with existing laws and rules.

c. During the period of time an employee is on parental leave, he/she shall be allowed to continue their health, dental, and vision benefits. Except as provided under the FMLA, the cost of these benefits shall be paid by the employee and the rate that the employee will pay will be the group rate.

5.7 Jury Duty/Subpoena

a. An employee shall be allowed such time off without loss of compensation as is required in connection with mandatory jury duty. If payment is made for such time off, the employee is required to remit to the State jury fees received. When night jury service is required of an employee, the employee shall be allowed time off without loss of compensation for such portion of the required time that coincides with the employee’s normal work schedule. This includes any necessary travel time.

b. An employee shall notify his/her supervisor immediately upon receiving notice of jury duty.

c. If an employee elects to use accrued vacation leave or compensating time off while on jury duty, the employee is not required to remit jury fees.

d. For purposes of this Section, “jury fees” means fees received for jury duty excluding payment for mileage, parking, meals or other out-of-pocket expenses.

e. For an employee summoned to jury duty during hours other than the employee’s regular and customary shift, management will endeavor to temporarily reassign the employee to a work shift that more closely coincides with the hours the employee is required to serve on jury duty, including any necessary travel time, subject to the operational needs of the department permitting such a reassignment.

f. An employee may be allowed time off without loss of compensation if approved by the department head or designee for voluntary jury duty such as county grand jury. If approved by the department, paragraphs c and d apply.

g. Whenever an employee is served with a subpoena which compels his/her presence, unless he/she is party to an action unrelated to his/her employment, such employee shall be allowed the required time off without loss of compensation if the employee remits to the employer witness fees received.

5.8 Catastrophic Leave - Natural Disaster

Upon request of an employee and upon approval of a department director or designee, leave credits (CTO, vacation and/or holiday) may be transferred from one or more employees to another employee, in accordance with departmental policies, under the following conditions:

a. Sick leave credits cannot be transferred.

b. When the receiving employee faces financial hardship due to the effect of a natural disaster on the employee’s principal residence.

c. The receiving employee has exhausted all vacation, annual leave, or CTO credits and resides in one of the counties where a State of Emergency exists as declared by the governor.

d. The donations must be in whole hour increments and credited as vacation or annual leave.

e. Transfer of annual leave, vacation, CTO and holiday credits shall be allowed to cross departmental lines in accordance with the policies of the receiving department.

f. The total leave credits received by the employee shall normally not exceed three (3) months; however, if approved by the appointing authority, the total leave credits received may be six (6) months.

g. Donations shall be made on a form to be developed by the State, signed by the donating employee, and verified by the donating department. These donations are irrevocable.

h. This section is not subject to the Grievance and Arbitration article of this contract.

5.9 Personal Leave Program

Effective October 1, 2003, the State shall implement a mandatory personal leave program for all unit employees. This program shall remain in effect for 12 months. Employees may voluntarily participate in the personal leave program on a continuing basis.

a. Each full-time employee subject to paragraph b. shall be credited with eight (8) hours of Personal Leave on the first day of the following monthly pay period for each month in the Personal Leave Program (PLP).

b. Salary ranges and rates shall be changed to reflect the July 1, 2003 general salary increase; however, each full-time employee shall continue to work his/her assigned work schedule and shall have a reduction in pay equal to 5%. In exchange 8 hours of leave will be credited to the employee’s PLP monthly.

c. Personal leave shall be requested and used by the employee in the same manner as vacation or annual leave. Requests to use personal leave must be submitted in accordance with departmental policies on vacation and annual leave balances pursuant to Article 5 (Leaves) and Sections 5.4 (Vacation Leave) and 5.12 (Annual Leave).

d. At the discretion of the State, all or a portion of unused personal leave credits may be cashed out at the employee’s salary rate at the time the personal leave payment is made. It is understood by both parties that the application of this cash out provision may differ from department to department and from employee to employee. Upon termination from State employment, the employee shall be paid for unused personal leave credits in the same manner as vacation or annual leave. Cash out or lump sum payment for any Personal Leave credits shall not be considered as “compensation” for purposes of retirement. If funds become available, as determined by the Department of Finance, for the Personal Leave program, departments will offer employees the opportunity to cash out accrued personal leave. Upon retirement/separation, the cash value of the employees personal leave balance may be transferred into a State of California, Department of Personnel Administration Deferred Compensation Program as permitted.

e. An employee may not use any kind of paid leave such as sick leave, vacation, or holiday time to avoid a reduction in pay resulting from the Personal Leave Program.

f. A State employee in the Personal Leave Program shall be entitled to the same level of State employer contributions for health, vision, dental, flex-elect cash option, and enhanced survivor’s benefits he or she would have received had the Personal Leave program not occurred.

g. The Personal Leave Program shall not cause a break in State service, a reduction in the employee’s accumulation of service credit for the purposes of seniority and retirement, leave accumulation, or a merit salary adjustment.

h. The Personal Leave Program shall neither affect the employee’s final compensation used in calculating State retirement benefits nor reduce the level of State death or disability benefits the employee would otherwise receive or be entitled to receive nor shall it affect the employee’s ability to supplement those benefits with paid leave.

i. Part-time employees shall be subject to the same conditions as stated above, on a prorated basis.

j. The Personal Leave Program for intermittent employees shall be prorated based upon the number of hours worked in the monthly pay period.

k. The Personal Leave Program shall be administered consistent with the existing payroll system and the policies and practices of the State Controller’s Office.

l. Employees on EIDL, NDI, IDL, or Worker’s Compensation for the entire monthly pay period shall be excluded from the Personal Leave Program for that month.

5.10 Industrial Disability Leave

a. For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first 22 work days after the date of the reported injury.

b. In the event that the disability exceeds 22 work days, the employee will receive 66 and 2/3% of gross pay from the 23rd work day of disability until the end of the 52nd week of disability. No IDL or payments shall be allowed after two years from the first day (i.e., date) of disability.

c. The employee may elect to supplement payment from the 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee’s full net pay. Partial supplementation will be allowed, but fractions of less than one hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only.

d. Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first 52 weeks, after the first date of disability, within a two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL.

e. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863.

f. In the event that an employee is determined to be “permanent and stationary” by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit.

g. An employee may elect to supplement Vocational Rehabilitation Maintenance Allowance, which is provided pursuant to Section 10125.1, Title 8, California Code of Regulations, with leave credits.

h. The State and PECG agree to support legislation to amend Government Code Section 19863.1, to allow an employee to supplement Vocational Rehabilitation Maintenance Allowance with leave credits.

i. All appeals of an employee’s denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee’s denial of benefits are not grievable or arbitrable. This does not change either party’s contractual rights which are not related to an individual’s denial of benefits.

5.11 Mentoring Leave

A. Eligible Unit 9 employees may receive up to forty (40) hours of “mentoring leave” per calendar year to participate in mentoring activities once they have used an equal amount of their personal time for these activities. “Mentoring leave” is paid leave time which may only be used by an employee to mentor. This leave does not count as time worked for purposes of overtime. “Mentoring leave” may not be used for travel to and from the mentoring location.

B. An employee must use an equal number of hours of his or her personal time (approved annual leave, vacation, personal leave, personal holiday, or CTO during the work day and/or personal time during non-working hours) prior to requesting “mentoring leave.” For example, if an employee requests two (2) hours of “mentoring leave,” he/she must have used two (2) verified hours of his/her personal time prior to receiving approval for the “mentoring leave.” “Mentoring leave” does not have to be requested in the same week or month as the personal time was used. It does, however, have to be requested and used before the end of the calendar year.

C. Prior to requesting mentoring leave and in accordance with departmental policy, an employee shall provide his/her supervisor with verification of personal time spent mentoring from the mentoring organization.

D. Requests for approval of vacation, CTO, and/or annual leave for mentoring activities are subject to approval requirements in this agreement and in existing departmental policies. Requests for approval of mentoring leave are subject to operational needs of the State, budgetary limits, and any limitations imposed by law.

E. In order to be eligible for “mentoring leave,” an employee must:

1.   Have a permanent appointment;

2.   Have successfully completed their initial probationary period; and

3.   Have committed to mentor a child or youth through a mentoring organization that meets the quality assurance standards, for a minimum of one school year. (Most programs are aligned with the child’s normal school year; however, there may be some that are less or more. Department management may make exceptions to the one school year commitment based on the mentor program that is selected.)

F. An employee is not eligible to receive “mentoring leave” if:

(1) He/she is assigned to a “post” position in the Department of Corrections, Youth Authority; or,

(2) He/she works in a level of care position in the Departments of Developmental Services, Mental Health, Education, and Veterans’ Affairs.

G. Effective October 31, 2002, permanent part-time and permanent intermittent employees may receive a prorated amount of mentoring leave based upon their timebase. For example, a halftime employee is eligible for twenty (20) hours of “mentoring leave” per calendar year, whereas an intermittent employee must work a monthly equivalent of 160 hours to earn 3.33 hours of mentoring leave.

H. DPA shall authorize state departments to include mentoring leave in support of Habitat for Humanity, regional engineering fair judging statewide and the Sacramento Regional Science and Engineering Fair as an approved program under Section 5.11, Mentoring Leave.

I. Any appeals and/or disputes regarding this section shall be handled in accordance with the Complaint procedure specified in Section 12.2.b of this Contract.

5.12 Annual Leave Program

a. Employees may elect to enroll in the annual leave program to receive annual leave credit in lieu of vacation and sick leave credits. Employees enrolled in the annual leave program may elect to enroll in the vacation and sick leave program at any time except that once an employee elects to enroll in either the annual leave program or vacation and sick leave program, the employee may not elect to enroll in the other program until 24 months has elapsed from date of enrollment.

b. Each full-time employee shall receive credit for annual leave in lieu of the vacation and sick leave credits of this agreement in accordance with the following schedule:

1 month to 3 years                11 hours per month
37 months to 10 years           14 hours per month
121 months to 15 years         16 hours per month
181 months to 20 years         17 hours per month
241 months and over            18 hours per month

c. Part-time and hourly employees shall accrue proportional annual leave credits, in accordance with the applicable DPA rules. Employees shall have the continued use of any sick leave accrued as of the effective date of this Agreement, in accordance with applicable laws, rules, or Memorandum of Understanding.

d. All provisions necessary for the administration of this Section shall be provided by DPA rule or Memorandum of Understanding.

e. A full-time employee who has 11 or more working days of service in a monthly pay period shall earn annual leave credits as set forth in DPA Rules 599.608 and 599.609. Absences from State service resulting from a temporary or permanent separation for more than 11 consecutive days which fall into two consecutive qualifying pay periods shall disqualify the second pay period.

f. Employees who work in multiple positions may participate in annual leave, provided an election is made while employed in an eligible position subject to these provisions. Annual leave accrual for employees in multiple positions will be computed by combining all positions, as in vacation leave, provided the result does not exceed the amount earnable in full-time employment, and the rate of accrual shall be determined by the schedule which applies to the position or collective bargaining status under which the election was made.

g. If an employee does not use all of the annual leave that the employee has accrued in a calendar year, the employee may carry over his/her accrued annual leave credits to the following calendar year to a maximum of 640 hours. A department head or designee may permit an employee to carry over more than 640 hours of accrued hours because the employee: (1) was required to work as a result of fire, flood, or other extensive emergency; (2) was assigned work of a priority or critical nature over an extended period of time; (3) was absent on full salary for compensable injury; (4) was prevented by department regulations from taking annual leave until December 31 because of sick leave; or (5) was on jury duty.

h. Upon termination from State employment, the employee shall be paid for accrued annual leave credits for all accrued annual leave time.

i. The time when annual leave shall be taken by the employee shall be determined by the department head or designee. If on January 1 of each year an employee’s annual leave bank exceeds the cap in subsection (g), the department may order the employee to take annual leave.

j. Annual leave request must be submitted in accordance with departmental policies on this subject. However, when two or more employees on the same shift (if applicable) in a work unit (as defined by each department head or designee) request the same annual leave time and approval cannot be given to all employees requesting it, employees shall be granted their preferred annual leave period in order of State seniority.

k. Each department head or designee will make every effort to act on annual leave requests in a timely manner.

l. Annual leave that is used for purposes of sick leave is subject to the requirements set forth in section 5.1, Sick Leave, of this Agreement.

m. The Enhanced Non-Industrial Disability Insurance (ENDI) in Section 4.4, applies only to those in the annual leave program described above in this Section.

n. Employees who are currently subject to vacation and sick leave provisions may elect to enroll in the annual leave program at any time after 24 months has elapsed from date of last enrollment. The effective date of the election shall be the first day of the pay period in which the election is received by the appointing power. Once enrolled in annual leave, an employee shall become entitled to an enhanced NDI benefit (50 percent of gross salary).

5.13 Precinct Election Board Member

Effective October 31, 2002, with prior approval of the employee’s supervisor and under comparable conditions as provided for supervisors and managers in DPA rule 599.930, an employee in Bargaining Unit 9 may be granted time off for public service as a member of a Precinct Election Board. The employee shall be eligible for both regular state compensation and any fee paid by the Registrar of Voters for such service. Verification of service may be required.

ARTICLE 6
CLASSIFICATIONS

6.1 Out-of-Classification Assignments

a. If a department head or designee requires an employee in writing to work in a higher classification for more than 15 consecutive calendar days, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed for that period in excess of 15 calendar days. If a department head or designee requires an employee in writing to work in a higher classification for 30 consecutive calendar days or more, the employee shall receive a pay differential of 5% over his/her normal daily rate of the class to which he/she is appointed from the first day of the assignment. If the assignment to a higher classification is not terminated before it exceeds 120 consecutive calendar days, the employee shall be entitled to receive the difference between his/her salary and the salary of the higher class at the same step the employee would receive if the employee were to be promoted to that class, for that period in excess of 120 consecutive calendar days. The 5% differential shall not be considered as part of the base pay in computing the promotional step in the higher class. In accordance with the provisions of this subsection, no employee may be compensated for more than one (1) year of out-of-class work for any one assignment.

b. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class differential.

c. It is not the State’s intent to select employees for out-of-class assignments based on favoritism. Furthermore, whenever possible, the appointing power shall choose employees for out-of-class appointment from the current hiring list for the particular job classification for which the employee is to be hired on an acting basis. If there is no appropriate current hiring list at the local facility or office complex, the State shall assign the out-of-class duty whenever possible only to those employees who are qualified to take the examination for entry into that classification.

d. If any dispute arises regarding out-of-class assignments and compensation, an employee may file a grievance and the decision reached at Step 4 (DPA) of the grievance procedure shall be final. Approved out-of-class grievances may be compensated retroactively for a period no greater than one (1) year preceding the filing of the grievance.

6.2 Classification Changes

a. When the Department of Personnel Administration (DPA) or another department seeks (1) to establish a new classification and assigns it to Bargaining Unit 9, or (2) modifies an existing Bargaining Unit 9 classification, DPA shall inform PECG of the proposal during the preparatory stages of the proposals. PECG may request to meet with DPA regarding these classification proposals. Such meetings shall be for the purpose of informally discussing the classification proposal and for PECG to provide input. Upon request, DPA shall furnish PECG with drafts of the proposed classification specifications.

b. The DPA shall notify and submit to PECG the final classification proposal at least 20 work days prior to the date the SPB is scheduled to adopt it.

c. If PECG requests in writing within 10 workdays of receipt of the notice, DPA shall meet with PECG to discuss the final proposal. If PECG does not respond to the notice, or if PECG does not meet with DPA within five (5) workdays from their date of request, the classification proposal shall be deemed agreeable to PECG and be placed on SPB’s consent calendar.

d. The DPA shall meet and confer, if requested in writing by PECG, within ten (10) working days from the date the SPB approved the classification change, regarding the compensation of the classification. To the extent that a classification change necessitates other change which falls within the scope of negotiations, the State shall notify PECG and the parties shall bargain the impact upon request by PECG.

ARTICLE 7
ALLOWANCES AND REIMBURSEMENTS

7.1 Business and Travel Expense

The State agrees to reimburse employees for actual, necessary and appropriate business expenses and travel expenses incurred 50 miles or more from home and headquarters, in accordance with existing DPA rules and as set forth below. Lodging and/or meals provided by the State or included in hotel expenses or conference fees or in transportation costs such as airline tickets or otherwise provided shall not be claimed for reimbursement. Snacks and continental breakfasts such as rolls, juice and coffee are not considered to be meals. Each item of expenses of $25 or more requires a receipt; receipts may be required for items of expense that are less than $25. When receipts are not required to be submitted with the claim, it is the employee’s responsibility to maintain receipts and records of their actual expenses for tax purposes. Each State agency shall determine the necessity for travel and the mode of travel to be reimbursed.

A. Meals/Incidentals. Meal expenses for breakfast, lunch and dinner will be reimbursed in the amount of actual expenses up to the maximums. The term “incidentals” includes but is not limited to, expenses for laundry, cleaning and pressing of clothing, and fees and tips for services, such as for porters and baggage carriers. It does not include taxicab fares, lodging taxes or the costs of telegrams or telephone calls.

1.   Rates. Actual meal/incidental expenses incurred will be reimbursed in accordance with the maximum rates and time frame requirements outlined below.

      Breakfast          up to     $ 6.00

      Lunch               up to     $10.00

      Dinner              up to     $18.00

      Incidentals        up to     $ 6.00

      Total                 up to     $40.00 (every full 24 hours of travel)

2.   Timeframes. For continuous short-term travel of more than 24 hours but less than 31 days, the employee will be reimbursed for actual costs up to the maximum for each meal, incidental, and lodging expense for each complete 24 hours of travel, beginning with the traveler’s time of departure and return as follows:

a.   On the fractional day of travel at the end of a trip of more than 24 hours:

      Trip begins at or before 6 am - breakfast may be claimed
Trip begins at or before 11 am - lunch may be claimed
Trip begins at or before 5 pm - dinner may be claimed

b.   On the fractional day of travel at the end of a trip of more than 24 hours:

      Trip ends at or after 8 am - breakfast may be claimed
Trip ends at or after 2 pm - lunch may be claimed
Trip ends at or after 7 pm - dinner may be claimed

      If the fractional day includes an overnight stay, receipted lodging may be claimed. No meal or lodging expenses may be claimed or reimbursed more than once on any given date or during any 24-hour period.

c.   For continuous travel of less than 24 hours, the employee will be reimbursed for actual expenses up to the maximum as follows:

      Travel begins at or before 6 a.m. and ends at or after 9 a.m.: Breakfast may be claimed.

      Travel begins at or before 4 p.m. and ends at or after 7 p.m.: Dinner may be claimed.

      If the trip extends overnight, receipted lodging may be claimed. No lunch or incidentals may be claimed on a trip of less than 24 hours.

B. Lodging. All lodging reimbursement requires a receipt from a commercial lodging establishment such as a hotel, motel, bed and breakfast inn, or public campground that caters to the general public. No lodging will be reimbursed without a valid receipt.

1.   Regular State Business Travel:

a.   Statewide, in all locations not listed in c. below, for receipted lodging while on travel status to conduct State business:

      With a lodging receipt: Actual lodging up to $84.00 plus applicable taxes.

b.   When employees are required to do business and obtain lodging in the counties of Los Angeles and San Diego, actual lodging up to one hundred ten dollars ($110) plus applicable taxes.

c.   When employees are required to do business and obtain lodging in the counties of Alameda, San Francisco, San Mateo and Santa Clara, reimbursement will be for actual receipted lodging to a maximum of $140 plus applicable taxes.

2.   State Sponsored Conferences or Conventions: for receipted lodging while attending State Sponsored conferences and conventions, when the lodging is contracted by the State sponsor for the event, and the appointing authority has granted prior approval for attendance and lodging at the contracted rate and establishment. Statewide, with a lodging receipt: Actual lodging up to $110 plus applicable taxes.

3.   Non-State Sponsored Conferences or Conventions: for receipted lodging while attending Non-State sponsored conferences and conventions, when the lodging is contracted by the sponsor for the event, and the appointing authority has granted prior approval for attendance and lodging at the contracted rate and establishment.      Statewide, with a lodging receipt: Actual lodging when approved in advance by the appointing authority.

      Reimbursement of lodging expenses in excess of specified amounts, excluding taxes requires advance written approval from DPA. DPA may delegate approval authority to departmental appointing powers or increase the lodging maximum rate for the geographical area and period of time deemed necessary to meet the needs of the State. An employee may not claim lodging, meal or incidental expenses within 50 miles of his/her home or headquarters.

C. Long-Term Travel: Actual expenses for long-term meals and receipted lodging will be reimbursed when the employee incurs expenses in one location comparable to those arising from the use of establishments catering to the long-term visitor.

1.   Full Long-Term Travel: In order to qualify for full long-term travel reimbursement, the employee on long-term field assignment must meet the following criteria:

a.   The employee continues to maintain a permanent residence at the primary headquarters, and

b.   The permanent residence is occupied by the employee’s dependents, or

c.   The permanent residence is maintained at a net expense to the employee exceeding $200 per month. The employee on full long-term travel who is living at the long-term location may claim either:

(1) Reimbursement for actual individual expense, substantiated by receipts, for lodging, water, sewer, gas and electricity, up to a maximum of $1130 per calendar month while on the long-term assignment, and actual expenses up to $10.00 for meals and incidentals, for each period of 12 to 24 hours and up to $5.00 for actual meals and incidentals for each period of less than 12 hours at the long-term location, or

(2) Long-term subsistence rates of $24.00 for actual meals and incidentals and $24.00 for receipted lodging for travel of 12 hours up to 24 hours; either $24.00 for actual meals or $24.00 for receipted lodging for travel less than 12 hours when the employee incurs expenses in one location comparable to those arising from the use of establishments catering to the long-term visitor.

2.   An employee on long-term field assignment who does not maintain a separate residence in the headquarters area may claim long-term subsistence rates of up to $12.00 for actual meals and incidentals and $12.00 for receipted lodging for travel of 12 hours up to 24 hours at the long-term location; either $12.00 for actual meals or $12.00 for receipted lodging for travel less than 12 hours at the long-term location.

3.   Employees, with supervisor’s approval, after completing the workshift remain at the job or LTA location past the Friday 12-hour clock will receive full per diem for Friday. Those staying overnight shall not receive any additional per diem regardless of the Saturday departure time. An employee returning to the temporary residence on Sunday will receive full per diem. This does not change DPA policy regarding the per diem clock which starts at the beginning of the work shift on Monday. If the normal workweek is other than as stated above, the same principle applies.

      The following clarifies DPA policy regarding an employee leaving the LTA location on personal business:

      The reference to leaving the LTA location for personal business and not claiming per diem or transportation expenses assumes that the employee stays overnight at a location other than the long-term accommodations.

D. Out-of-state Travel: For short-term out-of-state travel, State employees will be reimbursed actual lodging, supported by a receipt, and will be reimbursed for actual meal and incidental expenses in accordance with above. Failure to furnish lodging receipts will limit reimbursement to the meal/incidental rate above. Long-term out-of-state travel will be reimbursed in accordance with the provisions of Long-term Travel above.

E. Out of Country Travel: For short-term out of country travel, State employees will be reimbursed actual lodging, substantiated by a receipt, and will be reimbursed actual meals and incidentals up to the maximums published in column B of the Maximum Travel per Diem Allowances for Foreign Areas, Section 925, U.S. Department of State Standardized Regulations and the meal/incidental breakdown in Federal Travel Regulation Chapter 301, Travel Allowances, Appendix B. Long-Term Out of Country travel will be reimbursed in accordance with the provisions of Long-term travel above, or as determined by DPA.

Subsistence shall be paid in accordance with procedures prescribed by the Department of Personnel Administration. It is the responsibility of the individual employee to maintain receipts for their actual meal expenses.

F. Transportation. Transportation expenses include, but are not limited to airplane, train, bus, and taxi fares, rental cars, parking, mileage reimbursement and tolls that are reasonably and necessarily incurred as a result of conducting State business. Each State agency shall determine the necessity for travel and the mode of travel to be reimbursed.

1.   Mileage Reimbursement

a.   When an employee is authorized by his/her appointing authority or designee to operate a privately owned vehicle on State Business the employee will be allowed to claim and be reimbursed 34 cents per mile. Mileage reimbursement includes all expenses related to the use, and maintenance of the vehicle, including but not limited to gasoline, up-keep, wear and tear, tires, and all insurance including liability, collision and comprehensive coverage, breakdowns, towing and any repairs, and any additional personal expenses that may be incurred by an individual as a result of mechanical breakdown or collision.

b.   When an employee is required to report to an alternative work location, the employee may be reimbursed for the number of miles driven in excess of his/her normal commute.

2.   Specialized Vehicles: Employees who must operate a motor vehicle on official State business and who, because of a physical disability, may operate only specially equipped or modified vehicles may claim from 34 up to 37 cents per mile, with certification. Supervisors who approve claims pursuant to this Subsection have the responsibility of determining the need for the use of such vehicles.

3.   Private Aircraft Mileage: When an employee is authorized by his/her department, reimbursement for the use of the employee’s privately owned aircraft on State business shall be made at the rate of 50 cents per statute mile. Pilot qualifications and insurance requirements will be maintained in accordance with DPA rule 599.628.1 and the State Office of Risk and Insurance Management.

4.   Mileage to/from a common carrier: When the employee’s use of a privately owned vehicle is authorized for travel to or from a common carrier terminal, and the employee’s vehicle is not parked at the terminal during the period of absence, the employee may claim double the number of miles between the terminal and the employee’s headquarters or residence, whichever is less, while the employee occupies the vehicle. Exception to “whichever is less”: If the employee begins travel one hour or more before he normally leaves his home, or on a regularly scheduled day off, mileage may be computed from his/her residence.

G. Receipts. Receipts or vouchers shall be submitted for every item of expense of $25 or more. In addition, receipts are required for every item of transportation and business expense incurred as a result of conducting State business except for actual expenses as follows:

1.   Railroad and bus fares of less than $25 when travel is wholly within the State of California

2.   Street car, ferry fares, bridge and road tolls, local rapid transit system, taxi, shuttle or hotel bus fares, and parking fees of $10.00 or less for each continuous period of parking or each separate transportation expense noted in this item.

3.   Telephone, telegraph, tax or other business charges related to State business of $5.00 or less.

4.   In the absence of a receipt, reimbursement will be limited to the non-receipted amount above.

5.   Reimbursement will be claimed only for the actual and necessary expenses noted above. Regardless of the above exceptions, the approving officer may require additional certification and/or explanation in order to determine that an expense was actually and reasonably incurred. In the absence of a satisfactory explanation, the expense shall not be allowed.

7.2 Commute Program

A. Employees working in areas served by mass transit, including rail, bus, or other commercial transportation licensed for public conveyance shall be eligible for a seventy-five percent (75%) discount on public transit passes sold by State agencies up to a maximum of sixty-five dollars ($65) per month. Employees who purchase public transit passes on their own shall be eligible for a seventy-five percent (75%) reimbursement up to a maximum of sixty-five dollars ($65) per month. This shall not be considered compensation for purpose of retirement contributions. The State may establish and implement procedures and eligibility criteria for the administration of this benefit including required receipts and certification of expenses.

B. Employees riding in vanpools shall be eligible for a seventy-five percent (75%) reimbursement of the monthly fee up to a maximum of sixty-five dollars ($65) per month. In lieu of the van pool rider reimbursement, the State shall provide one hundred dollars ($100) per month to each State employee who is the primary vanpool driver, meets the eligibility criteria, and complies with program procedures as developed by the State for primary vanpool drivers. This shall not be considered compensation for purposes of retirement. A vanpool is defined as a group of seven or more people who commute together in a vehicle (State or non-State) specifically designed to carry an appropriate number of passengers. The State may establish and implement procedures and eligibility criteria for the administration of this benefit.

C. Employees headquartered out of State shall receive reimbursement for qualified public transportation and vanpool expenses for seventy-five percent (75%) of the cost up to a maximum of sixty-five dollars ($65) per month or in the case of the primary van pool driver, the one hundred dollars ($100) per month rate. The appointing power may establish and implement procedures regarding the certification of expenses.

7.3 Safety Footwear

a. Unit 9 “field” employees assigned to “field positions” shall be responsible for purchasing safety footwear if required (and not provided) by the department for which they work. For the purposes of this section, “field employees” are defined as: full-time Unit 9 employees assigned to work outside of an office for an average of 25 percent of the time during the eighteen month reimbursement period. “Field position” is defined as a position that encompasses work tasks that are performed outside of an office setting on more than an occasional basis. Typically, this includes on-site tasks such as reviewing a contractor’s operation, inspecting field conditions or work performed by contractors, field surveying, landscape review, materials testing, construction layout and staking, and maintenance.

b. For the purposes of this section, safety footwear is defined as steel-toed boots/shoes, or a serviceable leather work shoe or boot that complies with the department’s written policy, if any, and which the department requires to be worn while carrying out the duties of the employee’s position.

c. The State shall reimburse full-time employees for the actual cost of safety footwear, not to exceed $100.00 once every 18 months. Reimbursement will be made upon attainment of eligibility as defined above.

d. Receipts may be required to verify the actual cost of safety footwear.

7.4 Class A and/or Class B Commercial Driver’s License and Medical Fees

a. Eligibility

Each department will pay the cost of a permanent employee’s medical examination(s) and filing and license examination fees associated with obtaining the appropriate commercial driver’s license and endorsement(s) if the employee:

(1) Is in a classification that requires the operation of equipment which requires either a Class A and/or Class B commercial driver’s license and any endorsement(s); or

(2) Is in a classification designated by the department which requires the employee to upgrade his/her driver’s license to a Class A and/or Class B commercial driver’s license and any endorsement(s); or

(3) Is in a classification where a Class A and/or Class B commercial driver’s license is an additional desirable qualification; or

(4) Voluntarily and regularly drives, with authorization of the department, a vehicle for which either a Class A or Class B commercial driver’s license including required endorsement(s) is required, provided as follows.

b. Medical Examinations

(1) When authorized by his/her supervisor, the State will pay the cost of an eligible employee’s (see subsection a. above) medical examination from a contractor physician or clinic or when specifically authorized in advance, a medical examination by the employee’s personal physician. The State will also pay the cost of a referral as determined necessary by the examining physician or clinic. The costs of the examination and the examination resulting from the referral will be considered as one.

(2) The State will pay the cost of a second medical examination and necessary referral, not to exceed the cost of the first medical examination, provided that:

(a) The employee fails the first medical examination, or the certification submitted is not accepted by the DMV; and

(b) A second medical examination is authorized by the employee’s supervisor and conducted; and

(c) The second medical certification is accepted by the DMV.

c. Class A and/or B Commercial Driver’s License

(1) The State will pay the cost of an eligible employee’s (see subsection a. above) filing and examination fees associated with obtaining the appropriate Class A and/or Class B commercial driver’s license and endorsement(s) provided that:

(a) The employee requests and is authorized at least 10 work days in advance by his/her supervisor to take the examination; and

(b) The employee has a valid, current medical certification acceptable to the DMV; and

(c) The employee successfully passes the required examination and is issued the license and appropriate endorsement(s).

(2) The State will pay the cost of that portion of the commercial driver’s license fee (including the cost of endorsement(s) required by the appointing power) which exceeds the cost of the regular non-commercial Class C driver’s license, provided the employee applies for the required license and any required endorsement(s) simultaneously. If an employee fails to take all required extras simultaneously, the State will not be responsible for any costs which exceed the cost that would have been incurred had the tests been taken simultaneously.

(3) The State will not pay for any costs associated with the renewal or reinstatement of a license due to any vehicle code violation incurred by the employee.

(4) The State will not pay any additional costs incurred as a result of an employee’s failure to pass the written and/or performance test within the opportunities allowed by the original application fee.

d. Compensation

Compensation paid toward medical examinations and filing and license examination fees associated with obtaining a Class A or Class B commercial driver’s license shall not be considered compensation for purposes of retirement.

e. Release Time for Commercial Driver’s License Examination

(1) Upon ten (10) work days advance notice to the department head or designee, the department shall provide reasonable time off without loss of compensation for an eligible employee, in accordance with a. above, to take the Class A and/or Class B commercial driver’s license examination, provided:

(a) The examination is scheduled during the employee’s scheduled work hours; and

(b) The examination does not interfere with operational needs of the department; and

(c) The employee has a valid current medical certification acceptable to DMV.

If the DMV rejects the medical certification provided by a department designated contractor physician or clinic on the day the DMV commercial driver’s license examination is scheduled, the employee shall be granted reasonable release time for the subsequently scheduled DMV examination subject to the requirements specified above.

(2) Upon thirty (30) calendar days notice, the department will allow the employee to use a State owned or leased vehicle or equipment appropriate for the license examination. It is understood by the parties that use of the equipment or vehicle may be delayed for operational reasons.

7.5 Uniform Replacement Allowance - Department of Parks and Recreation (DPR) and Department of Forestry and Fire Protection (CDF)

a. The anniversary date for the uniform replacement credit is February 1 of each year. All employees will receive their credit on that date based on qualifying pay periods in the uniformed classification and in accordance with existing State laws, rules and regulations. Permanent full-time employees shall receive a yearly uniform replacement credit not to exceed $350.00 in DPR and $380 in CDF. The uniform replacement credit for permanent part-time employees will be calculated annually based upon the previous year’s time base. The uniform replacement credit for permanent intermittent employees will be calculated annually based upon the number of hours worked in the previous year.

b. Employees newly appointed (new hire to State service, promotion, transfer, or demotion from a non-uniformed DPR or CDF class) to a uniformed classification shall be required to purchase the uniform as a condition of employment, and such purchase shall be through the single source vendor. Such employees will be eligible for a pro-rated uniform replacement credit on February 1 of the following year, and a uniform replacement credit on each subsequent February 1 in accordance with the above.

7.6 Overtime Meals

An overtime meal allowance of up to $8 will only be provided when an employee is required to work two (2) consecutive hours prior to or two (2) consecutive hours after the regular work shift. To be eligible for an overtime meal allowance on a holiday or regular day off, employees must work the total number of hours of their regular work shift and work either two consecutive hours prior to or two consecutive hours after the start or end of their regular work shift.

7.7 Parking Rates

A. For the term of this agreement, the parties agree that the State may increase parking rates in existing owned or leased lots, in urban congested areas, no more than $20 per month above the current rate, charged to employees in specific locations where they park. Congested urban areas are areas such as Sacramento, San Francisco Bay, Fresno, Los Angeles, San Bernardino, Riverside, and San Diego areas. Every effort shall be made to provide employees sixty (60) days but no less than thirty (30) days notice of a parking rate increase. The State shall not increase rates for existing parking lots where employees do not currently pay parking fees. Rates at new lots administered or leased by the State will be set at a level comparable to rates charged for similar lots in the area of the new lot, e.g., rates for open lots shall be compared to rates for open lots, rates for covered parking shall be compared to rates for covered parking.

B. The State shall continue a system for employees where parking fees may be paid with pretax dollars.

7. 8 Moving and Relocation

Whenever a Unit 9 employee is reasonably required by the State to change his/her place of residence, the State shall reimburse the employee for approved items in accordance with the lodging, meal and incidental rates and time frames found in Section 7.1 (Business and Travel Expenses), and in accordance with the existing requirements, time frames and administrative rules and regulations for reimbursement of relocation expenses that apply to excluded employees.

ARTICLE 8
HOURS OF WORK AND OVERTIME

8.1 Overtime

a. All State laws and DPA regulations regarding overtime not modified by this agreement shall remain in effect.

b. Travel Time

Notwithstanding any other contract provision, departmental policy or practice, the travel time of employees who are covered by FLSA shall only be considered as time worked if it meets the definitions and requirements of travel time in Sections 785.34 through 785.41 of Title 29 of the Code of Federal Regulations.

c. Paid Leave Counted As Time Worked – WWG 2

Time during which a Unit 9 employee assigned to Work Week Group (WWG) 2 is excused from work on paid leave (e.g., sick leave, vacation or annual leave) shall be counted as hours worked within the workweek for purposes of determining if overtime has been earned.

d. Overtime Compensation – WWG 2

1.   Employees in classes assigned to Work Week Group 2 shall be compensated in cash or compensating time off at time and one-half at the discretion of each department head or his or her designee for ordered/authorized overtime of at least one-quarter hour at any one time.

2.   Employees shall obtain authorization to work overtime. Employees will only be compensated for overtime ordered or authorized by a supervisor.

3.   The employees preference will be considered when determining whether overtime will be compensated by cash or CTO except as otherwise provided by this agreement.

4.   Overtime will be credited on a one-quarter hour basis with a full quarter of an hour credit granted if five (5) minutes or more of the period is worked. Smaller fractional units will not be accumulated.

e. Callback Compensation – WWG 2

Employees assigned to Work Week Group 2 shall be credited with a minimum of four hours work time as provided in 2 Cal. Code Regs. § 599.708.

f. Overtime Scheduling – WWG 2

When routine overtime is scheduled at least 48-hours in advance, departments shall request volunteers from within the work area or unit who may thereafter be selected to perform the overtime work, except as provided herein. Nothing in this section shall be construed to (a) require management to seek volunteers during an emergency; (b) require selection of an employee who does not possess the requisite skills to perform the job; (c) require solicitation of volunteers when a specific expertise or project familiarity is required; (d) require solicitation of volunteers who it reasonably believes are not available to respond in the time required; or, (e) limit management’s ability to require an employee to work overtime.

8.2 Work Week Groups

a. Work Week Group “2”

Work Week Group “2” applies to those classifications in State service subject to the provisions of the Fair Labor Standards Act (FLSA). Overtime for employees subject to the provisions of the FLSA is defined as all hours worked in excess of 40 hours in a period of 168 hours or seven consecutive 24-hour periods. Employees in Work Week Group 2 may accrue up to 240 hours of compensating time off. All hours in excess of the 240 hour maximum accrual will be compensated in cash.

b. Work Week Group “E”

1.   Work Week Group “E” includes classes that are exempted from coverage under the FLSA because of the “white-collar” (administrative, executive, professional) exemptions. To be eligible for this exemption a position must meet both the “salary basis” and the “duties” test.

2.   Exempt (WWG E) employees are paid on a “salaried” basis and the regular rate of pay is full compensation for all hours worked to perform assigned duties. However, these employees shall receive up to 8 hours holiday credit when ordered to work on a holiday. Work Week Group E employee shall not receive any form of additional compensation, whether formal or informal, unless otherwise provided by this agreement.

3.   All Unit 9 employees/classifications presently assigned to Work Weeks Group 4A and 4C shall be moved to Work Week Group E.

4.   The following shall apply to employees/classifications assigned to Work Week Group E.

(a) Employees are expected to work the hours necessary to accomplish their assignments and fulfill their responsibilities. Employee workload will normally require 40 hours per week to accomplish; however, inherent in their job is the responsibility and expectation that work weeks of a longer duration may be necessary.

(b) Management may require employees to work specified hours; however, subject to operational needs as determined by the department, management may permit altered or flexible work schedules when requested by employees. Employees who alter their daily or weekly work schedules shall comply with reasonable procedures established by their department.

(c) Employees are responsible for keeping management apprised of their schedule and whereabouts; and, must respond to directions from management to complete work assignments by specific deadlines.

(d) Employees shall not:

(1) Be charged any paid leave for absences in less than whole day increments.

(2) Be docked or have their salary reduced for absences of less than an entire day.

(3) Be suspended in increments of less than one complete work week (i.e., one week, two weeks, three weeks, etc.)

(4) Have their pay reduced as a result of a disciplinary (adverse) action pursuant to Government Code section 19572.

(5) Have absences of less than one day recorded for attendance record keeping or compensation purposes. Employees may, however, be required to record time for other purposes (e.g., budgeting, project tracking, etc.).

8.4 Work Shift Schedules

a. Unless otherwise specified herein, the regular work week of full-time Unit 9 employees shall be forty (40) hours.

b. Varying work shifts (swing shift, night shift or any work shift other than a traditional day shift) may be established by the employer in order to meet the needs of the State agencies.

c. Employees’ work shifts shall not be permanently changed by the State without adequate prior notice. The State shall endeavor to give thirty (30) calendar days but in no case less than fifteen (15) calendar days notice.

8.5 Telecommuting and Alternate Work Schedules

a. Telecommuting and alternate work schedules (e.g., 4/10/40) may be permitted where:

1. They enhance productivity, improve facility utilization, reduce traffic congestion, improve air quality; and,

2. Do not jeopardize safety or impact office or employee efficiency, necessary or valuable on-site interaction with others, or service to other departmental units, governmental agencies, clients, or members of the public.

b. Telecommuting and/or alternate work schedules shall be permitted at the discretion of the appointing department. Departments that permit telecommuting and/or alternate work schedules may establish reasonable procedures and requirements (e.g., pertaining to the number of days and hours employees telecommute, what type of alternate work schedules are available, safety, equipment, availability, amount of notice to affected employee prior to discontinuing telecommuting or alternate work schedules) which employees must satisfy.

c. Alternate work schedules that result in overtime for employees in WWG 2 because of the requirements of the FLSA shall not be permitted.

d. This telecommuting section shall not be subject to the grievance and arbitration procedure contained in Article 12, except that employees who believe their request to telecommute (or have an alternate work schedule) was denied for purposes of discrimination, harassment, reprisal or retaliation may file a grievance that can be appealed up to the second level of the grievance procedure.

ARTICLE 9
HOLIDAYS

9.1 Holidays

a. All full-time and part-time employees, shall be entitled to such observed holidays with pay as provided below, in addition to any official State holidays declared by the Governor.

b. Observed holidays shall include January 1, the third Monday in January, February 12, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, the second Monday in October, November 11, Thanksgiving Day, the day after Thanksgiving, and December 25. The holidays are observed on the actual day they occur with the following exceptions:

(1) When November 11 falls on a Saturday, full-time and part-time employees shall be entitled to the preceding Friday as a holiday with pay.

(2) When a holiday falls on Sunday, full-time and part-time employees shall be entitled to the following Monday as a holiday with pay.

(3) For those employees who work schedules other than Monday through Friday, those holidays listed in Subsection b. above shall be observed on the day on which the holiday occurs. An employee shall receive compensation for only the observed or actual holiday, not both.

c. Every full-time and part-time employee, upon completion of six (6) months of his/her initial probationary period in State service, shall be entitled to one (1) personal holiday per fiscal year. The personal holiday shall be credited to each full-time and part-time employee on the first day of July.

d. The department head or designee may require five (5) days advance notice before a personal holiday is taken and may deny use subject to operational needs. When an employee is denied use of a personal holiday, the department head or designee may allow the employee to reschedule the personal holiday or shall, at the department’s discretion allow the employee to either carry the personal holiday to the next fiscal year, or, cash out the holiday on a straight time (hour-for-hour) basis.

e. The department head or designee shall make a reasonable effort to grant an employee use of his/her personal holiday on the day of his/her desire subject to operational needs.

f. When an observed holiday falls on an employee’s regularly scheduled day off, full-time employees shall accrue eight (8) hours of holiday credit per said holiday. If the employee is required to work on the observed holiday, the employee shall be compensated in accordance with paragraph g or i below. An employee shall receive compensation for only the observed or actual holiday, not both.

g. When a full-time employee in Work Week Group 2 is required to work on an observed holiday, such employee shall receive one and one-half (1-1/2) the hourly rate for all hours worked on the holiday. The method of compensation shall be at the State’s discretion. If a full-time employee works eight hours on the holiday, the employees shall receive no more than 20 hours of total compensation (combination of holiday credit, CTO, and cash) for each holiday worked.

h. For the purpose of computing the number of hours worked, time during which an employee is excused from work because of a holiday shall be considered as time worked by the employee.

i. Work Week Group E or SE Employees: When a permanent full-time employee is required to work on an observed holiday and the observed holiday falls on the employee’s regularly scheduled day off, the employee shall receive up to eight hours of holiday credit and four (4) hours of informal time off. If an observed holiday falls on an employee’s normal day off, and the employee does not work, the employee shall receive no more than eight hours of holiday credit.

j. Part-time employees in Work Week Group 2 who are required to work on holiday shall be entitled to compensation as follows: a pro-rated amount of holiday credit as specified in paragraph k. below, and one and one-half (1-1/2) compensation for all hours worked on the observed holiday, compensable by cash or holiday credit. The method of compensation shall be at the State’s discretion.

k. Part-time employees shall receive holidays in accordance with the following:

CHART FOR COMPUTING VACATION, SICK LEAVE, AND HOLIDAY CREDITS
FOR ALL FRACTIONAL TIME BASE EMPLOYEES
SUPERSEDES ACCRUAL RATES IN MANAGEMENT MEMORANDUM 84-20-1

TIME BASE	HOURS OF MONTHLY VACATION CREDIT PER VACATION GROUP							•SL/HOL•
	7	10	11	12	13	14	15	8
1/5	1.40	2.00	2.20	2.40	2.60	2.80	3.00	1.60
2/5	2.80	4.00	4.40	4.80	5.20	5.60	6.00	3.20
3/5	4.20	6.00	6.60	7.20	7.80	8.40	9.00	4.80
4/5	5.60	8.00	8.80	9.60	10.40	11.20	12.00	6.40
1/8	0.88	1.25	1.38	1.50	1.63	1.75	1.88	1.00
1/4	1.75	2.50	2.75	3.00	3.25	3.50	3.75	2.00
3/8	2.63	3.75	4.13	4.50	4.88	5.25	5.63	3.00
1/2	3.50	5.00	5.50	6.00	6.50	7.00	7.50	4.00
5/8	4.38	6.25	6.88	7.50	8.13	8.75	9.38	5.00
3/4	5.25	7.50	8.25	9.00	9.75	10.50	11.25	6.00
7/8	6.13	8.75	9.63	10.50	11.38	12.25	13.13	7.00
1/10	0.70	1.00	1.10	1.20	1.30	1.40	1.50	0.80
3/10	2.10	3.00	3.30	3.60	3.90	4.20	4.50	2.40
7/10	4.90	7.00	7.70	8.40	9.10	9.80	10.50	5.60
9/10	6.30	9.00	9.90	10.80	11.70	12.60	13.50	7.20

• HOURS OF MONTHLY SICK LEAVE AND HOLIDAY CREDIT

A part-time employee can only earn up to a maximum of eight (8) hours holiday credit per holiday, regardless of the number of positions the employee holds within State service.

l. Holiday Credit may be requested and taken in fifteen (15) minute increments.

m. An employee shall be allowed to carry over unused holiday credits or be paid for the unused holiday credits, at the discretion of the department head or designee.

n. Upon termination from State employment, an employee shall be paid for unused holiday credit.

ARTICLE 10
INSURANCE

10.1 Life Insurance

1. In addition to the benefit amounts provided by Labor Code Section 4701 and 4702, and the approximate $15,000 State death benefit provided Unit 9 employees, Caltrans agrees to provide a $50,000 death benefit effective November 1, 1987, payable to the designated beneficiary, as specified on PERS Form 241, of any Caltrans Unit 9 employee who is killed while performing assigned State duties provided:

a.   The employee was hit by a motor vehicle, by any part of the vehicle, any object carried in or on the vehicle, or any object dislodged from or by the movement of any vehicle being operated in the State highway right-of-way or public street; and

b.   Payment of the Workers’ Compensation job-related death benefit is not denied because of an affirmative defense by the employer as specified in Labor Code Section 5705.

c.   The insurance carrier determines if it is a covered accident.

2. Caltrans will investigate each work-related death and determine if the qualifying conditions were satisfied before paying the $50,000 to the deceased employee’s designated beneficiary. Payment shall only be made if all of the qualifying criteria contained in this section are satisfied. In accordance with existing law, a copy of the investigation report will be provided to PECG upon request.

3. In the event of a dispute regarding appropriate designated beneficiaries, the Caltrans Unit 9 insurance benefit will not be paid until the disputants legally verify that they have settled their dispute or a court of competent jurisdiction resolves the matter for them.

10.2 Accidental Death/Dismemberment Benefits

a. In addition to the benefit provisions of Labor Code Section 4702, and the approximate $15,000 State death benefit provided Unit 9 employees, the State agrees to provide at least $50,000 air travel insurance for Unit 9 employees. The benefit is payable to the employee, employee estate or his/her designated beneficiary in the case of accidental death or dismemberment, provided the employee is required to fly as a passenger in other than regularly scheduled passenger aircraft to fulfill his/her work requirement.

b. In the event of a dispute regarding appropriate designated beneficiaries, the life insurance benefit will not be paid until the disputants legally verify that they have settled their dispute or a court of competent jurisdiction resolves the matter for them.

ARTICLE 11
RETIREMENT

11.1 First Tier Eligibility for Employees in Second Tier

An employee in the Second Tier may exercise the Tier 1 right of election at any time. An employee who makes this election would then be eligible to purchase past Second Tier service. The parties will work with CalPERS to establish more flexible purchase provisions for employees. These include, but are not limited to, increasing the installment period from 96 months (8 years) to 144 months (12 years) or up to 180 months (15 years), and allowing employees to purchase partial amounts of service.

New employees who meet the criteria for CalPERS membership would be enrolled in the First Tier plan and have the right to be covered under the Second Tier plan within 180 days of the date of their appointment. If a new employee does not make an election for Second Tier coverage during this period, he or she would remain in the First Tier plan.

Employees who purchase their past service would be required to pay the amount of contributions they would have paid had they been First Tier members during the period of service that they are purchasing. If required by CalPERS law, the amount will include interest.

11.2 401(k) Deferred Compensation Program

Employees in Unit 9 may participate in the State of California, Department of Personnel Administration, existing 401(k) Deferred Compensation Program.

11.3 457 Deferred Compensation Program

Employees in Unit 9 may participate in the current State of California, Department of Personnel Administration, 457 Deferred Compensation Program.

11.4 Tax Deferral of Lump Sum Leave Cash Out Upon Separation

A. Effective October 31, 2002, to the extent permitted by federal and state law, employees who separate from State service who are otherwise eligible to cash out their vacation and/or annual leave balance, may ask the State to tax defer and transfer a designated monthly amount from their cash payment into their existing 457 and/or 401k plan offered through the State’s Savings Plus Program (SPP).

B. If an employee does not have an existing 457 and/or 401k plan account, he/she must enroll in the SPP and become a participant in one or both plans no less than 60 days prior to his/her date of separation.

C. Such transfers are subject to and contingent upon all statutes, laws, rules and regulations authorizing such transfers including those governing the amount of annual deferrals.

D. Employees electing to make such a transfer shall bear full tax liability, if any, for the leave transferred (e.g., “over-defers” exceeding the limitation on annual deferrals).

E. Implementation, continuation and administration of this section is expressly subject to and contingent upon compliance with the SPP’s governing Plan document (which may at the State’s discretion be amended from time to time), and applicable federal and state laws, rules and regulations.

F. Disputes arising under this section of the MOU shall not be subject to the grievance and arbitration provision of this agreement.

11.5 Determination of Safety Retirement Eligibility

The provisions of Government Code sections 19816.20 and 20405.1 shall apply to Unit 9.

11.8 Employee Retirement Contribution Reduction For Safety Members

If the Board of Administration of the California Public Employees Retirement System (CalPERS) informs the parties in writing that it has determined that the recent temporary arrangement whereby state employees were relieved of paying into their retirement fund may be extended for 12 months and that such an extension would be fiduciarily sound and meet the Board’s established actuarial standards, which in turn provides temporary cash flow relief to the State, the parties will agree to the following:

1. Effective the first of the pay period following approval by the CalPERS Board and ratification of the Legislature and continuing for 12 monthly pay periods thereafter, the State agrees to the following:

· Employees who are safety members (2.5% at 55) under the Public Employees’ Retirement System (CalPERS), shall have their employee retirement contribution rate reduced from 6% of monthly compensation in excess of three hundred seventeen ($317) dollars each month to 1.0% of compensation in excess of three hundred seventeen ($317) dollars each month.

2. After 12 months, the employee’s retirement contribution rate shall be restored to levels in effect on August 30, 2001.

3. The State employer will continue to ensure that pension benefits are properly funded in accordance with generally accepted actuarial practices. In accordance with the provisions of the June 20, 2001 communication to DPA from CalPERS’ Actuarial & Employer Services Division, effective the date referenced in paragraph 1 above, the State Employers’ CalPERS retirement contribution rate shall incorporate the impact resulting from the temporary reduction in the employee retirement contribution rate. As indicated in the above referenced letter, “10% of the net unamortized actuarial loss shall be amortized each year.” However, if the CalPERS Board of Administration alters the amortization schedule referenced above in a manner that accelerates the employer payment obligation, either party to this agreement may declare this section of the Contract, and all obligations set forth herein, to be null and void. In the event this Contract becomes null and void, the employee retirement contribution rate shall be restored to levels in effect on August 30, 2001, and the parties shall be obligated to immediately meet and confer in good faith to discuss alternative provisions.

11.9 Employee Retirement Contribution Reduction For Miscellaneous Members

If the Board of Administration of the California Public Employees Retirement Systems (CalPERS) informs the parties in writing that it has determined that the recent temporary arrangement whereby state employees were relieved of paying into their retirement fund may be extended for 12 months and that such an extension would be fiduciarily sound and meet the Board’s established actuarial standards, which in turn provides temporary cash flow relief to the State, the parties will agree to the following:

· Employees who are miscellaneous and/or industrial members of the first tier plan, and who are subject to Social Security under the Public Employees’ Retirement System (CalPERS), shall have their