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PECG Memorandum of Understanding

 

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 CalHR 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      $ 7.00

        Lunch                   up to      $11.00

        Dinner                  up to      $23.00

        Incidentals          up to      $ 5.00

        Total                     up to      $46.00 (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 a.m.      breakfast may be claimed
Trip begins at or before 11 a.m.            lunch may be claimed
Trip begins at or before 5 p.m.              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 a.m.             breakfast may be claimed
Trip ends at or after 2 p.m.                     lunch may be claimed
Trip ends at or after 7 p.m.                     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 $90.00 plus applicable taxes.

b.    When employees are required to do business and obtain lodging in the counties identified below, reimbursement will be for actual receipted lodging up to the below identified maximums, plus applicable taxes.

County

Lodging Rate

All counties except those listed below

$90

Los Angeles, Orange, Ventura & Edwards AFB less the city of Santa Monica

$120

Sacramento, Napa, Riverside

$95

San Diego, Monterey County, Alameda, San Mateo, Santa Clara

$125

San Francisco, City of Santa Monica

$150

2.    State Sponsored Conferences or Conventions:

a.     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.

b.    Statewide, with a lodging receipt: Actual lodging up to $110 plus applicable taxes.

3.    Non-State Sponsored Conferences or Conventions:

a.     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.

b.    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 CalHR. CalHR 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 work shift 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 CalHR 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 CalHR 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 CalHR.

        Subsistence shall be paid in accordance with procedures prescribed by the Department of Human Resources. 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. Mileage reimbursement shall be at the Federal Standard Mileage Rate. 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 CalHR 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 vanpool 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 vanpool 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 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.

 
 

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