Agreement Between

STATE OF CALIFORNIA

and

SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) - LOCAL 1000

covering

BARGAINING UNIT 17

Effective

July 1, 2023 through June 30, 2026

This MEMORANDUM OF UNDERSTANDING, hereinafter referred to as the Contract, entered into by the STATE OF CALIFORNIA, hereinafter referred to as the State or the State employer, pursuant to sections 19815.4 and 3517 of the Government Code, and Service Employees International Union (SEIU) Local 1000 (Union of California State Workers), or the Union, pursuant to the Ralph C. Dills Act (Dills Act) commencing with section 3512 of the Government Code, and has as its purpose the promotion of harmonious labor relations between the State and the Union; establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work, and other conditions of employment, including health and safety.

The term “Contract” as used herein means the written agreement provided under section 3517.5 of the Government Code.

1. Pursuant to Public Employment Relations Board (PERB) Decision SA-SR-17, the State recognizes the SEIU Local 1000, as the exclusive representative for the Registered Nurse Bargaining Unit, hereinafter referred to as Unit 17. Unit 17 consists of all employees in the job classifications listed by title in the salary schedule attached hereto and incorporated by reference as a part of this Contract. Any new classes established and assigned to Unit 17 shall be incorporated in the Contract. 
2. Pursuant to Government Code sections 19815.4 and 3517, the Service Employees International Union (SEIU) Local 1000 (Union of California State Workers), recognizes the Director of the Department of Human Resources (CalHR) or their designee as the negotiating representative for the State and shall negotiate exclusively with the director or their designee, except as otherwise specifically spelled out in this Contract. 
3. The Service Employees International Union (SEIU) Local 1000 (Union of California State Workers), agrees to hold the State harmless, defend and indemnify the State and its officers, agents, and employees for fees, costs, and damages resulting from a challenge, in any forum (administrative or judicial) by any person or entity, to the provisions of this Article.

1. The State recognizes and agrees to deal with designated Union stewards, elected bargaining unit council representatives, and/or Union staff on the following: 
1. The enforcement of this Contract; 
2. Employee discipline cases, including investigatory interviews of an employee who is the subject of a non-criminal investigation;
3. Informal settlement conferences or formal hearings conducted by the PERB; 
4. Matters scheduled for hearing by Victim Compensation and Government Claims Board; 
5. Matters pending before the State Personnel Board (SPB); 
6. AWOLs and appeals to set aside resignations; 
7. Discussions with management regarding reasonable accommodation; 
8. The CalHR statutory appeal hearings. 
2. A written list of Union stewards and elected bargaining unit council representatives broken down by department, unit, and designated area of representation, shall be furnished to each department and a copy sent to the State immediately after the steward’s designation. The Union shall notify the State promptly of any changes of such stewards. Union stewards shall not be recognized by the State until such lists or changes thereto are received. 
3. A Union steward’s “area of representation” is defined as an institution, office, or building. However, the parties recognize that it may be necessary for the Union to assign a steward an area of representation for several small offices, departments, or buildings within close proximity. Disputes regarding this paragraph may be appealed directly to the CalHR step of the grievance procedure. 
4. The area of responsibility of the District Labor Council (DLC) presidents and chief stewards shall be all worksites within the DLC. When the area of representation is within close proximity section C shall be observed, otherwise this leave will be union paid leave.
   
   The Union representatives shall provide reasonable advance notice based on the circumstances requiring representation under 2.1(A).

1. Union stewards, Union staff, and/or elected bargaining unit council representatives may have access to employees to represent the employees pursuant to section 2.1(A) above. Access shall not interfere with the work of the employees. Union stewards, Union staff, or elected bargaining unit council representatives seeking access to employees must notify the department head or designee in advance of the visit. 
2.  Access to bargaining unit employees shall not be unreasonably withheld; however, it may be restricted for reasons of safety, security, or patient care including patient privacy. If access is restricted, other reasonable accommodations shall be made.

1. Union stewards shall be permitted reasonable use of State phones and video phones (VP)/telecommunication devices for the deaf (TDD) to make calls for Union representation purposes; provided, however, that such use of State phones shall not incur additional charges to the State or interfere with the operation of the State. 
2. Union stewards shall be permitted minimal and incidental use of State equipment for representational activities as defined in section 2.1, if said equipment is available and utilized as a normal part of the employee’s duties. Such use of State equipment shall not result in additional costs to the State, nor shall it interfere with the conduct of State business. 
3. Union stewards shall be permitted reasonable and occasional use of fax machines, copiers, and multi-function devices for Union representation purposes provided that such use does not result in additional cost to the State, nor interfere with State operations. 
4. Use of State equipment or the time used for activities permitted in this section shall be subject to prior notification and approval by the employee’s immediate supervisor.

1. The Union may use existing employee organization bulletin boards to post materials related to Union business. Upon mutual agreement between an authorized Union representative and the department, Union bulletin boards shall be installed where the bulletin boards are accessible to employees. When required in advance, the Union shall reimburse the State for additional costs incurred. A copy of all materials posted must be distributed to the facility or office supervisor at the time of posting.
2. The Union may, before or after work hours or during meal and rest periods, distribute Union literature. Distribution of Union information shall not be unreasonably denied or disrupt the work of others. However, if access for distribution of information is restricted for safety, security, or patient care including patient privacy, other reasonable accommodation will be made in accordance with departmental procedures.
3. The Union may continue to use existing mailboxes and in-baskets for distribution of literature. Such information will be distributed to departmental employees based on the department’s policies and procedures in distributing other non-business information.
4. The Union agrees that any literature posted or distributed on-site will not be libelous, obscene, defamatory, or of a partisan political nature.
5. The Union shall be permitted incidental and minimal use of State electronic communication systems for communication of Union activities as the departments permit for other non-business purposes.
6. The use of electronic communication systems (devices) are not considered private or secure information and are subject to being monitored by the department.

The State will continue to permit use of certain facilities for Union meetings, subject to the operating needs of the State. Requests for use of such State facilities shall be made in advance to the appropriate State official. When required in advance, the Union shall reimburse the State for additional expenses, such as security, maintenance, and facility management costs or utilities, incurred as a result of the Union’s use of such State facilities.

Upon request of an aggrieved employee, a steward shall be allowed reasonable time off during working hours, without loss of compensation, for representational purposes in accordance with section 2.1(A) of this Contract, provided the employee represented is in the steward’s designated area of representation. Release time for these purposes is subject to prior notification and approval by the steward’s immediate supervisor. Upon mutual agreement of the parties, a reasonable number of additional stewards can also be granted reasonable time off under this section.

Employees shall be entitled to reasonable time off without loss of compensation to confer with a Union representative on representational matters at the work site in accordance with section 2.2 above during work hours, subject to approval of the employee’s supervisor.

The State shall be prohibited from imposing or threatening to impose reprisals, from discriminating or threatening to discriminate against Union stewards, or otherwise interfering with, restraining, or coercing Union stewards because of the exercise of any rights given by this Contract.

Grievances under this section shall be filed at the first formal level of the grievance process. If the allegations are against the employee’s immediate supervisor and the immediate supervisor is the first formal level, then the grievance may be filed at the next level of supervision.

Upon initial appointment to any position as a probationary or permanent employee, the employee shall be informed by the employer that the Union is the recognized employee organization for the employee in said classification. The State shall present the employee with a packet of Union information which has been supplied by the Union.

The parties agree that the hold harmless and indemnification provisions in section 3.2 (H) and (I) apply to this section.

1. During any regularly scheduled orientation session for new employees, a Union representative shall be given the opportunity to meet with bargaining unit employees for twenty (20) minutes for orientation of the employees to the Contract and the Union.
2. In work locations not accessible to regularly scheduled departmental orientation, each new bargaining unit employee shall be given the opportunity to meet with a Union representative for twenty (20) minutes during normal working hours for orientation to the Contract and the Union.
3. It is understood that the twenty (20) minutes is for the presentation and shall not be counted against reasonable state travel time to and from the presentation.

The appropriate bargaining unit chair, vice chair, or a designated negotiating committee member, not all, shall suffer no loss in the employee’s regular compensation for attendance at scheduled bargaining unit negotiations with management during the term of this Contract.

SEIU Local 1000 District Labor Council (DLC) executive board members and one steward, per watch, per worksite, institution or facility will be allowed to bring an authorized cellular device within the security areas of worksites, institutions or facilities for the purposes of SEIU representation upon written notification and approval of the Appointing Authority. Required information regarding the authorized device will be provided to the local Labor Relations Analyst (LRA) or Labor Relations Officer (LRO). The list will include the device owner’s name, the type of the device (make, model and serial number, IMEI/EUIMID/MEI/ESN/ICCID number), cellular provider, cellular number, and any device identifier needed to ensure the device is operational in the worksites, institutions and/or facilities or required by departmental policies or regulations.

The employee shall be responsible to immediately provide the local LRA or LRO with updated information when an approved device is removed or replaced. The use of the authorized cellular device shall be in line with department policies and regulations and shall not interfere with the conduct of State business.  Photographs, videos or recordings are prohibited. 

Violations of departmental policies and regulations could result in the authorized cellular device being seized, retained and subject to search.

This section is grievable to the department level.

The State agrees to deduct and transmit to the Union all membership dues authorized on a form provided by the Union. The State and the Union agree that a system of authorized dues deductions shall be operated in accordance with Government Code sections 3513(h), 3513(j), 3515, 3515.6, and 3515.7, subject to the following provisions:

1. An employee may withdraw from membership in the Union by sending a signed withdrawal letter to the Union at any time.
2. The Union agrees to indemnify, defend, and hold the State and its agents harmless against any claims made of any nature and against any suit instituted against the State arising from this section and the deductions arising there from.
3. No provisions of this section or any disputes arising there under shall be subject to the grievance and arbitration procedure contained in this Contract.

1. Home Addresses – Generally
1. Consistent with PERB regulations and State law, the State shall continue to provide the Union with home addresses on a monthly basis for all employees covered by this Contract until it expires.
2. Notwithstanding any other provision of this Contract, any employee may have the employee’s home address withheld from the Union at any time by submitting a written request to the employee’s appointing power on a form provided by the State.
2. Home Address Withholding
   
   The State will no longer use an Employee Action Request form that provides employees with the option of having the employee’s home address withheld from the Union. Instead, bargaining unit employees will, upon request on the employee’s own initiative, be given a separate form by the employee’s appointing power that permits two choices: (1) withhold the employee’s address from the Union, or (2) to cancel a previous withhold request thereby permitting release of the employee’s home address to the Union.
3. Home Address Withhold Notification to Employees
   
   Within one month following ratification of this Contract by both parties, the State will send a letter drafted by the Union to all existing employees that have previously requested the employee’s home address be withheld. The letter will provide said employees with the option of canceling the employee’s previous withhold request thereby permitting release of the employee’s home address to the Union.
4. Release and Use of Addresses
   
   The State Controller’s Office (SCO) shall send the Union a list of all bargaining unit employees who, pursuant to subsection C above, either did not respond or responded by indicating the employee wanted to continue withholding the employee’s home address from the Union. Said list(s) will contain the employee’s name, agency, and reporting unit.
5. Home Address Mailings by the State
   
   The State will mail Union information once per year to the home address of bargaining unit employees who have requested the employee’s home address be withheld from the Union. Said material shall be provided by the Union. The cost of this mailing shall be paid for by the Union. The Union agrees to hold the State harmless for any annual mail that does not reach bargaining unit employees.
6. Address Confidentiality
   
   Employee work and home addresses shall be maintained as confidential by the Union. The Union shall take all reasonable steps to ensure the security of work and home addresses, and shall not disclose or otherwise make them available to any person, entity, or organization.
7. Costs Reimbursable
   
   The Union agrees to pay necessary and reasonable costs incurred by the SCO to produce the necessary name/home/work address tape file on a monthly basis.
8. Hold Harmless and Indemnification
   
   Notwithstanding any other provision of this Contract, the Union agrees to jointly defend this section and to hold the State of California, its subdivisions, and agents harmless in defending challenges of any nature arising as a result of this section of the Contract.
9. Nature of Material
   
   The Union agrees that any literature mailed to employees by the State will not be libelous, obscene, defamatory, or of a partisan political nature or constitute a solicitation of any product or service unrelated to representation by the Union, including that provided by and mailed on behalf of the Union. Advertisements or articles in Union provided material involving partisan politics shall not be considered of a partisan political nature or constitute a solicitation of any product or service for the purposes of this Contract.

1. Except for those rights which are abridged or limited by this Contract, all rights are reserved to the State.
2. Consistent with this Contract, the rights of the State shall include, but not be limited to, the right to determine the mission of its constituent departments, commissions, and boards; to maintain efficiency of State operation; to set standards of service; to determine, consistent with Article VII of the Constitution, the Civil Service Act, and rules pertaining thereto, the procedures and standards of selection for employment and promotion, layoff, assignment, scheduling and training; to determine the methods, means, and personnel by which State operations are to be conducted; to take all necessary action to carry out its mission in emergencies; to exercise control and discretion over the merits, necessity, or organization of any service or activity provided by law or executive order. The State has the right to make reasonable rules and regulations pertaining to employees consistent with this Contract, provided that any such rule shall be uniformly applied to all affected employees who are similarly situated.
3. This article is not intended to, nor may it be construed to, contravene the spirit or intent of the merit principle in State employment, nor limit the rights of State civil service employees provided by Article VII of the State Constitution or bylaws and rules enacted thereto. Any matters which concern the application of the merit principle to State employees are exclusively within the purview of those processes provided by Article VII of the State Constitution or bylaws and rules enacted thereto.

During the term of this Contract, neither the Union nor its agents nor any employee, for any reason, will authorize, institute, aid, condone, or engage in a work slowdown, work stoppage, strike, or any other interference with the work and statutory functions or obligations of the State.

The Union agrees to notify all of its officers, stewards, chief stewards, and staff of their obligation and responsibility for maintaining compliance with this section, including the responsibility to remain at work during any activity which may be caused or initiated by others, and to encourage employees violating this section to return to work.

No lockout of employees shall be instituted by the State during the term of this Contract.

The State shall not negotiate with or enter into memoranda of understanding or adjust grievances or grant rights or benefits not covered in this Contract to any employee unless such action is with Union concurrence.

Should any provision(s) of this Contract be found unlawful by a court of competent jurisdiction or invalidated by subsequently enacted legislation, the remainder of the Contract shall continue in force. Upon occurrence of such an event, the parties shall meet and confer as soon as practicable to renegotiate the invalidated provision(s).

The State and the Union shall be prohibited from imposing or threatening to impose reprisals by discriminating or threatening to discriminate against employees, or otherwise interfering with, restraining, or coercing employees because of the exercise of  rights under the Ralph C. Dills Act or any right given by this Contract. The principles of agency shall be liberally construed.

Government Code Sections

1. General
   

   19824	Establishes monthly pay periods.
   19838	Provides for methods of collecting overpayments and correcting payroll errors to employees.
   19839	Provides lump sum payment for unused vacation accrued or compensating time off upon separation.
   19888	Specifies that service during an emergency is to be credited for vacation, sick leave and Merit Salary Adjustments (MSA).

2. Step Increases
   

   19829	Requires California Department of Human Resources (CalHR) to establish minimum and maximum salaries with intermediate steps.
   19832	Establishes annual MSAs for employees who meet standards of efficiency.
   19834	Requires MSA payments to qualifying employees when funds are available.
   19835	Provides employees with the right to cumulative adjustments for a period not to exceed two years when MSAs are denied due to lack of funds.
   19836	Provides for hiring at above the minimum salary limit in specified instances.
   19837	Authorizes rates above the maximum of the salary range when a person's position is downgraded. (Red Circle Rates)

3. Holidays
   

   19853	Establishes Holidays.
   19854	Establishes Personal Holiday.

4. Vacation
   

   19856	Requires CalHR to establish rules regulating vacation accrual for part-time employees and those transferring from one State agency to another.
   19856.1	Allows CalHR to establish rules for vacation accrual for absences of ten days or less.
   19858.1	Defines amount earned and methods of accrual by full-time employees.
   19863	Allows vacation use while on temporary disability (due to work-incurred injury) to augment paycheck.
   19991.4	Provides that absence of an employee for a work-incurred compensable injury or disease is considered continuous service for the purpose of the right to vacation.

5. Sick Leave
   

   19859	Defines amount earned and methods of accrual for full-time and part-time employees.
   19861	Allows CalHR to establish rules for sick leave accrual for absences of ten days or less.
   19862	Allows for accumulation of sick leave.
   19863	Allows sick leave use while on temporary disability (due to work-incurred injury) to augment paycheck.
   19863.1	Provides sick leave credit while employee is on industrial disability leave and prescribes how it may be used.
   19864	Allows CalHR to provide by rule for sick leave without pay for employees who have used up the employee's sick leave with pay.
   19866	Allows rules to allow sick leave accumulation for non-civil service employees.
   19991.4	Provides that absence of an employee for a work-incurred compensable injury or disease is considered continuous service for the purpose of the right to sick leave.

6. Uniforms, Work Clothes and Safety Equipment
   

   19850	Definitions.
   19850.3	CalHR to determine need for uniform replacement.
   19850.4	Provides for work clothes for purposes of sanitation or cleanliness to be maintained and owned by the State.
   19850.5	Provides for initial issuance of required safety equipment at State expense.

7. Industrial Disability Leave (IDL)
   

   19869	Defines who is covered.
   19870	Defines "IDL" and "full pay."
   19871	Provides terms of IDL coverage in lieu of workers' compensation temporary disability payment.
   19871.1	Provides for continued benefits while on IDL.
   19872	Prohibits payment of temporary disability or sick leave pay to employees on IDL.
   19873	Inapplicability of retraining and rehabilitation provisions of Labor Code to employees covered by IDL.
   19874	Allows employees to receive workers' compensation benefits after exhaustion of IDL benefits.
   19875	Requires three-day waiting period, unless hospitalized or disability more than 14 days.
   19876	Payments contingent on medical certification and vocational rehabilitation.
   19877	Authorizes CalHR to adopt rules governing IDL.
   19877.1	Sets effective date.

8. Non-Industrial Disability Insurance (NDI)
   

   19878	Definitions.
   19879	Sets the amount of benefits and duration of payment.
   19880	Sets standards and procedures.
   19880.1	Allows employee option to exhaust vacation prior to NDI.
   19881	Bans NDI coverage if employee is receiving unemployment compensation.
   19882	Bans NDI coverage if employee is receiving other case payment benefits.
   19883	Provides for discretionary deductions from benefit check, including employer contributions; employees do not accrue sick leave or vacation credits or service credits for any other purpose.
   19884	Filing procedures; determination and payment of benefits.
   19885	Authorizes CalHR to establish rules governing NDI.

9. Life Insurance
   

   21600	Establishes group term life insurance benefits.
   21604	Provides for Death Benefit from California Public Employees' Retirement System (CalPERS).
   21605	Sets Death Benefit at $5,000 plus 50 percent of one year's salary.

10. Health Insurance
    

    22808	Provides for continuation of health plan coverage during leave of absence without pay.
    22870	Provides for employee and employer contribution.
    22871	Sets employer contribution.
    22871.3	Sets employer contribution.
    22871.9	Sets employer contribution.

11. Workweek
    

    19843	Establishes Work Week Groups.
    19851	Sets 40-hour work week and eight-hour day.

12. Overtime
    

    19844	Directs CalHR to establish rules regarding cash compensation time off.
    19848	Permits the granting of compensating time off in lieu of cash compensation within 12 calendar months after overtime worked.
    19849	Requires CalHR to adopt rules governing overtime and the appointing power to administer and enforce them.
    19863	Allows use of accumulated compensable overtime while on temporary disability (due to work-incurred injury) to augment paycheck.

13. Deferred Compensation
    

    19993

    Allows employees to deduct a portion of the employee's salary to participate in a tax-advantaged retirement savings plan.

14. Relocation Expenses
    

    19841

    Provides relocation expenses for involuntary transfer or promotion requiring a change in residence.

15. Travel Expenses
    

    19820	Provides reimbursement of travel expenses for officers and employees of the State on State business.
    19822	Provides reimbursement to State for housing, maintenance and other services provided to employees.

16. Leaves of Absence
    

    19991	Allows release time for civil service examinations.
    19991.1	Allows leave without pay, not to exceed one year, assures the employee a right of return.
    19991.2	Allows the appointing power to grant a two-year leave for service in a technical cooperation program.
    19991.4	Provides that absence of an employee for work-incurred compensable injury or disease is considered as continuous service for purposes of salary adjustments, sick leave, vacation or seniority.
    19991.6	Provides one year of pregnancy leave or less as required by a permanent female employee.

17. Performance Reports
    

    19992	Provides for establishment of performance standards.
    19992.1	Requires performance reports to be accurate.
    19992.2	Requires the appointing power to prepare performance reports and show them to the employee.
    19992.3	Requires performance reports to be considered in salary increases and decreases, layoffs, transfers, demotions, dismissals and promotional examinations as prescribed by CalHR rule.

18. Involuntary Transfers
    

    19841	Provides relocation expenses for involuntary transfer or promotion requiring a change in residence.
    19994.1	Authorizes involuntary transfers. Requires 60-day prior written notice when transfer requires change in residence.
    19994.2	Allows seniority to be considered when two or more employees are in a class affected by involuntary transfers which requires a change in residence.

19. Demotion and Layoff
    

    19997.2	Provides for subdivisional layoffs in a State agency subject to CalHR approval. Subdivisional reemployment lists take priority over others.
    19997.3	Requires layoffs according to seniority in a class, except for certain classes in which employee efficiency is combined with seniority to determine order of layoff.
    19997.8	Allows demotion in lieu of layoff.
    19997.9	Provides for salary at maximum step on displacement by another employee's demotion, provided such salary does not exceed salary received when demoted.
    19997.10	An employee displaced by an employee with return rights may demote in lieu of layoff.
    19997.11	Establishes reemployment lists for laid-off or demoted employees.
    19997.12	Guarantees same step of salary range upon recertification after layoff or demotion.
    19997.13	Requires 30-day written notice prior to layoff and not more than 60-days after seniority computed.
    19998	Employees affected by layoff due to management-initiated changes should receive assistance in finding other placement in State service.
    19998.1	State restriction on appointments.

20. Incompatible Activities
    

    19990

    Requires each appointing power to determine activities which are incompatible, in conflict with, or inimical to their employees' duties; provides for identification of and prohibits such activities.

21. Training
    

    19995.2	Provides for counseling and training programs for employees whose positions are to be eliminated by automation, technological or management-initiated changes.
    19995.3	Provides for the Department of Rehabilitation to retrain and refer disabled State employees to positions in State service.

1. No State employee shall be discriminated against or harassed in State employment consistent with applicable State and Federal Employment Laws.
2. At the employee’s discretion, allegations of discrimination or harassment based upon disability and/or medical condition, or failure to provide reasonable accommodation for physical or mental disability may be subject to the grievance procedure up to the third level, and/or may be pursued with the State Personnel Board (SPB) through the complaint procedure specified by the SPB, and/or the Department of Fair Employment and Housing (DFEH), and/or the Federal Equal Employment Opportunity Commission (EEOC).
3. At the employee’s discretion, other allegations of discrimination or harassment may be subject to the grievance procedure up to the third level, and/or may be pursued with the DFEH, and/or the Federal EEOC.
4. The filing of a grievance is not mandatory and neither the filing nor non-filing of a grievance shall be construed as a waiver of an employee’s right to maintain a separate, private cause of action.
5. No employee shall be subject to retaliation or threats of retaliation, nor shall any employee be restrained, coerced or otherwise interfered with in the exercise of the employee’s rights under this section. Alleged retaliation may be subject to the grievance and arbitration procedure.

1. No State employee shall be subject to sexual harassment. The State agrees to take such actions as necessary to ensure that this purpose is achieved, and shall post a statement of its commitment to this principle at all work sites.
2. At the employee’s discretion, allegations of sexual harassment may be subject to the grievance procedure up to the third level, and/or may be appealed to the California Civil Rights Department (CRD), and/or the Federal Equal Employment Opportunity Commission. The filing of a grievance is not mandatory and neither the filing nor non-filing of a grievance shall be construed as a waiver of an employee’s right to maintain a separate, private cause of action.
3. No employee shall be subject to retaliation or threats of retaliation, nor shall any employee be restrained, coerced or otherwise interfered with in the exercise of the employee’s rights under this section. Alleged retaliation may be subject to the grievance and arbitration procedures in Article 6.

1. The State and SEIU encourage the use of Labor Management Committees to address issues of mutual concern in a problem solving context. Upon request of either party, a Joint Labor Management Committee (JLMC) shall be established to address specific or ongoing issues such as:
1. Workload.
2. Productivity.
3. Making the worksite more efficient and effective.
4. Improving the quality of service.
2. An established JLMC shall adhere to the following guidelines:
1. The JLMC will consist of equal reasonable number of management representatives selected by the department head or designee and Union representatives selected by the Union.
2. JLMC recommendations, if any, will be advisory in nature.
3. JLMC meetings shall not be considered contract negotiations and shall not be considered a substitute for the grievance procedure or professional practice groups.
4. Employees who participate on such a committee will suffer no loss in compensation for attending meetings of the committee.
5. Dates and times of meetings and agendas of the JLMC’s shall be mutually determined by the members of the JLMC.

The State is committed to providing a workplace where all employees, regardless of the employee’s classification or pay status, are treated by supervisors and managers in a manner that maintains generally accepted standards of human dignity, courtesy, and respect. Employees alleging they have not been treated accordingly may file a grievance. The decision reached at Step 3 (CalHR) shall be final.

Each department shall establish and maintain an upward mobility program consistent with CalHR Regulations. At the request of the Union, the department shall meet to discuss the department’s upward mobility program. Recommendations for adding to or deleting from the upward mobility program shall be considered by the department. Any change shall be consistent with the CalHR regulations.

1. This grievance procedure shall be used to process and resolve grievances arising under this Contract and employment-related complaints.
2. The purposes of this procedure are:
1. To resolve grievances informally at the lowest possible level.
2. To provide an orderly procedure for reviewing and resolving grievances promptly.

1. A grievance is a dispute of one or more employees, or a dispute between the State and the Union, involving the interpretation, application, or enforcement of the express terms of this Contract.
2. A complaint is a dispute of one or more employees involving the application or interpretation of a written rule or policy not covered by this Contract and not under the jurisdiction of the SPB. Complaints shall only be processed as far as the department head or designee.
3. As used in this procedure, the term “immediate supervisor” means the individual identified by the department head.
4. As used in this procedure, the term “party” means the Union, an employee, or the State.
5. A “Union representative” refers to a Union steward or staff representative or a bargaining unit council representative.
6. A grievance conference is a meeting that can be held at any step of the grievance process in an attempt to settle the grievance.

Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure. However, with the mutual consent of the parties, the time limitation for any step may be extended.

The parties may mutually agree to waive any step of the grievance procedure.

At any step of the grievance procedure, the State representative, grievant(s), Union representative or the Union steward may request a grievance conference. The grievant(s) and steward(s) shall attend without loss of compensation.

An employee’s grievance initially shall be discussed with the employee’s immediate supervisor. Within seven (7) calendar days the immediate supervisor shall give the decision or response.

1. If an informal grievance is not resolved to the satisfaction of the grievant, a formal grievance may be filed no later than thirty (30) calendar days after the employee can reasonably be expected to have known of the event occasioning the grievance.
2. A formal grievance shall be initiated in writing on a form provided by the State and shall be filed with the person designated by the department head as the first formal level of appeal. Said grievance shall include a statement as to the alleged violation, the specific act(s) causing the alleged violation and the specific remedy or remedies being sought and may request a grievance conference. Upon request, the parties shall meet within ten (10) days of receiving such a request to discuss settlement of the grievance. Unless otherwise agreed, the timelines set forth in Article 6 shall not be changed as a result of the scheduling of such meeting. The grievant(s) and steward(s) shall attend without loss of compensation.
3. Within thirty (30) calendar days after receipt of the formal grievance, the person designated by the department head as the first formal level of appeal shall respond in writing to the grievant. A copy of the written response shall be sent concurrently to SEIU Local 1000 headquarters by the department head or designee.
4. No contract interpretation or grievance settlement made at this stage of the grievance procedure shall be considered precedential. All interpretations and settlements shall be consistent with the provisions of this Contract.

1. If the grievant is not satisfied with the decision rendered pursuant to Step 1, the grievant may appeal the decision within thirty (30) calendar days after receipt to the department head or designee.
2. Within thirty (30) calendar days after receipt of the appealed grievance, the department head or designee shall respond in writing to the grievance. A copy of the written response shall be sent concurrently to SEIU Local 1000 headquarters.

1. If the grievant is not satisfied with the decision rendered at Step 2, the grievant may appeal the decision within thirty (30) calendar days after receipt to the Director of the CalHR or designee. The Union shall concurrently send a copy of the grievance appeal cover letter to the affected department(s).
2. Within thirty (30) calendar days after receipt of the appealed grievance, the Director of the CalHR or designee shall respond in writing to the grievance.

If the State fails to respond to a grievance within the time limits specified for any step, the grievant shall have the right to appeal to the next step.

1. If the grievance is not resolved at Step 3, within thirty (30) calendar days after receipt of the third level response, the Union shall have the right to submit the grievance to arbitration. If the grievance is not submitted to arbitration within thirty (30) calendar days after receipt of the third level response, it shall be considered withdrawn.
2. Within fifteen (15) calendar days after the notice requesting arbitration has been served on the State, the Union shall contact the State to mutually select an arbitrator. If the parties cannot mutually agree upon an arbitrator within forty-five (45) calendar days after the request to select an arbitrator has been served, the Union may request the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to both parties a panel of nine (9) arbitrators. Within fifteen (15) calendar days after receipt of the panel of arbitrators from the State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service, the Union shall contact the State in writing and request to strike names from the panel. The parties shall have ten (10) business days to meet and alternately strike names until only one name remains and this person shall be the arbitrator.
3. The arbitration hearing shall be conducted in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The cost of arbitration shall be borne equally between the parties, unless the parties mutually agree to a different arrangement.
4. An arbitrator may, upon request of the Union and the State, issue the arbitrator’s decision, opinion, or award orally upon submission of the arbitration. Either party may request that the arbitrator put the arbitrator’s decision, opinion, or award in writing and that a copy be provided.
5. The arbitrator shall not have the power to add to, subtract from, or modify this Contract. Only grievances as defined in section 6.2 (A) of this Article shall be subject to arbitration. In all arbitration cases, the award of the arbitrator shall be final and binding upon the parties.

Upon request of either party, the State and Union shall meet monthly in an attempt to settle and resolve grievances. The parties shall agree at least two (2) weeks prior to each meeting on the agenda and who shall attend.

In any hearing of an automatic resignation (AWOL) pursuant to Government Code section 19996.2, the hearing officer shall have the discretion to award back pay. Once adopted by the CalHR, the hearing officer’s decision with respect to back pay shall be final and is neither grievable nor arbitrable under any provision of this Contract, nor may it otherwise be appealed to a court of competent jurisdiction. This provision does not alter or affect the right to bring a legal challenge or appeal of the other aspects of the hearing officer’s decision as provided in law. This does not otherwise limit or expand any other authority of the hearing officer under Government Code section 19996.2.

1. The grievances to be referred to this process shall be determined by mutual agreement only. The parties agree that this process shall be reserved for those cases of limited scope and limited impact. The parties agree that a mini arbitration hearing date shall be scheduled at least four (4) times in a fiscal year. The parties agree to meet within forty-five (45) days from the date the legislature ratifies this MOU to select four (4) dates for this mini-arbitration process. The parties may cancel or add additional dates by mutual agreement.
2. Within forty-five (45) days of this Agreement’s ratification by the Legislature, the parties shall appoint a standing panel of four (4) arbitrators for the mini-arbitration process. Each party shall assign two (2) arbitrators to the mini-arbitration panel. The arbitrators shall be listed in alphabetical order by last name and be assigned to hear grievances on a continuous rotation.
3. The arbitration shall be conducted according to the following rules and the arbitrator shall be required to abide by them:
1. The arbitrator shall hear and decide as many grievances as can reasonably be presented in a normal work day. The parties shall schedule the earliest available date provided by the arbitrator that is feasible for both parties.
2. The parties shall attempt to prepare a written stipulation of undisputed facts prior to arbitration. The arbitrator shall only take testimonial and/or documentary evidence relevant to those facts which remain in dispute.
3. The presentation of each grievance shall include an opening statement, the submission of documentary and testimonial evidence, and a closing argument. Each party will designate no more than one (1) spokesperson to present their case to the arbitrator. In addition, each party shall be limited to two (2) witnesses per case unless by mutual stipulation, in which case, the parties may call additional witnesses.
4. The arbitrator shall make their decision solely on the written record in the grievance, the grievance response(s), and any oral or documentary presentation made at the arbitration proceeding. The presentations shall be time limited, consistent with the intent of this provision to hold multiple grievance reviews in a single day. There shall be a stenographic record or transcripts of the hearings.
5. At the conclusion of the hearing, each party shall present an oral summation of its position. Post hearing briefs shall not be submitted.
6. The arbitrator will issue a bench decision on each grievance. The decision of the arbitrator is final and binding, but shall have no precedential value whatsoever.
7. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Contract, or any agreements supplementary thereto, but shall limit the decision to the application of the Contract to the facts and circumstances at hand.
8. The parties are limited at the expedited arbitration to presenting only the facts, documents, and arguments presented during the lower levels of the grievance process and either party may also introduce new documents or facts provided that such materials are submitted to the other party at least ten (10) days prior to the hearing.
4. The arbitrator shall be paid a flat fee for each day of the hearing, without regard to the number of cases presented during that day’s hearing. Each party shall pay one-half of the arbitrator’s charges.

1. Full-time and part-time employees, except civil service exempt Unit 3 employees in the California Department of Education (CDE), shall be entitled to such observed holidays with pay as provided below, in addition to any official State holidays declared by the Governor.
2. Premium holidays shall include: January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day, and December 25.
   
   Regular holidays shall include: the third Monday in January, the third Monday in February, March 31, November 11, the day after Thanksgiving.
   
   The holidays are observed on the actual day the holiday occurs 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 a Sunday, the following Monday, not Sunday, shall be treated as the holiday for purposes of this Article.
3. If an employee’s work schedule encompasses four (4) or more hours on the holiday, the employee will be compensated in accordance with this Article. An employee shall receive compensation for only the observed or actual holiday, not both.
3. Upon completion of six (6) months of the employee’s initial probationary period in State service, a full-time or part-time employee shall be entitled to one (1) personal holiday per fiscal year. Employees working part-time shall be entitled to the personal holiday, on a prorated basis in accordance with the chart shown in section 7.1(L). The personal holiday shall be credited to each full-time and part-time employee on the first day of July.
4. 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.
5. The department head or designee shall make a reasonable effort to grant an employee use of the employee’s personal holiday on the day of the employee’s desire subject to operational need.
6. An employee shall accrue eight (8) hours of holiday credit when an observed premium or regular holiday falls on the employee’s regularly scheduled day off and the employee is excused from work.
7. When a full-time employee in Work Week Group 2 is required to work on a premium holiday, the employee shall receive eight (8) hours of holiday credit and one and one half (1½) the hourly rate for all hours worked on the observed holiday, compensable by holiday credit, cash or compensatory time off (CTO). The method of compensation shall be at the State’s discretion. The premium holidays to which this compensation applies are January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day, and December 25.
   
   

   1.	Holiday premium pay, calculated at one and one-half (1½) times the applicable hourly rate for hours worked on January 1, last Monday in May, July 4, the first Monday in September, Thanksgiving Day and December 25, shall count towards any premium overtime compensation earned during the same workweek. Section K satisfies the provision of Article 19.2 Overtime.
   2.	Notwithstanding subdivision B above, when a premium holiday falls on a Sunday and the employee is required to work on the Sunday, the employee shall be paid one and one-half (1½) times for all hours worked. Employees shall not receive one and one-half (1½) times for hours worked on the Monday following the Sunday holiday.

   
   When a full-time employee in Work Week Group 2 is required to work on a regular holiday, the employee shall receive eight (8) hours of holiday credit and the employee’s regular hourly rate for all hours worked on the observed holiday, compensable by holiday credit, cash or CTO. The method of compensation shall be at the State’s discretion. The holidays to which this compensation applies are the third Monday in January, the third Monday in February, March 31, November 11, the day after Thanksgiving.
8. Work Week Group E or SE Employees: If a full-time employee is required to work on a premium holiday, the employee shall receive eight (8) hours of holiday credit and four (4) hours of informal time off. The premium holidays to which this compensation applies are January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day and December 25.
   
   Work Week Group E or SE Employees: If a full-time employee is required to work on a regular holiday, the employee shall receive regular rate of pay and eight (8) hours of holiday credit. The regular holidays to which this compensation applies are the third Monday in January, the third Monday in February, March 31, November 11, and the day after Thanksgiving.
9. When a part-time employee in Work Week Group 2 is required to work on a premium holiday, the employee shall receive a prorated amount of holiday credit as specified in the chart below and one and one half (1½) the hourly rate for all hours worked on the observed holiday, compensable by holiday credit, cash or CTO. The method of compensation shall be at the State’s discretion. The premium holidays to which this compensation applies are January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day and December 25.
   
   When a part-time employee in Work Week Group 2 is required to work on a regular holiday, the employee shall receive a prorated amount of holiday credit as specified in the chart below and the employee’s regular hourly rate for all hours worked on the observed holiday, compensable by holiday credit, cash or CTO. The method of compensation shall be at the State’s discretion. The holidays to which this compensation applies are the third Monday in January, the third Monday in February, March 31, November 11, the day after Thanksgiving.
10. Work Week Group E or SE Employees: If a part-time employee is required to work on a premium holiday, the employee shall receive a prorated amount of holiday credit as specified in the chart below and one (1) hour of informal time off for every two (2) hours worked. The premium holidays to which this compensation applies are January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day and December 25.
    
    Work Week Group E or SE Employees: If a part-time employee is required to work on a regular holiday, the employee shall receive regular rate of pay and a prorated amount of holiday credit as specified in the chart below. The regular holidays to which this compensation applies are the third Monday in January, the third Monday in February, March 31, November 11, and the day after Thanksgiving.
11. Employees in Work Week Group 2 who are required to work overtime on a holiday shall be paid in accordance with the provisions of section 19.2.
12. Employees shall receive compensation for holidays in accordance with the following:
    
    

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

    TIME BASE

    HOURS OF MONTHLY VACATION OR ANNUAL LEAVE CREDIT PER VACATION GROUP

    HOURS OF MONTHLY SICK HOLIDAY CREDIT

    	7	10	11	12	13	14	16	17	18	SL/HOL 8
    9/10	6.30	9.00	9.90	10.80	11.70	12.60	14.40	15.30	16.20	7.20
    7/10	4.90	7.00	7.70	8.40	9.10	9.80	11.20	11.90	12.60	5.60
    3/10	2.10	3.00	3.30	3.60	3.90	4.20	4.80	5.10	5.40	2.40
    1/10	0.70	1.00	1.10	1.20	1.30	1.40	1.60	1.70	1.80	0.80
    7/8	6.13	8.75	9.63	10.50	11.38	12.25	14.00	14.88	15.75	7.00
    3/4	5.25	7.50	8.25	9.00	9.75	10.50	12.00	12.75	13.50	6.00
    5/8	4.38	6.25	6.88	7.35	8.13	8.75	10.00	10.63	11.25	5.00
    1/2	3.50	5.00	5.50	6.00	6.50	7.00	8.00	8.50	9.00	4.00
    3/8	2.63	3.75	4.13	4.50	4.88	5.25	6.00	6.38	6.75	3.00
    1/4	1.75	2.50	2.75	3.00	3.25	3.50	4.00	4.25	4.50	2.00
    1/8	0.88	1.25	1.38	1.50	1.63	1.75	2.00	2.13	2.25	1.00
    4/5	5.60	8.00	8.80	9.60	10.40	11.20	12.80	13.60	14.40	6.40
    3/5	4.20	6.00	6.60	7.20	7.80	8.40	9.60	10.20	10.80	4.80
    2/5	2.80	4.00	4.40	4.80	5.20	5.60	6.40	6.80	7.20	3.20
    1/5	1.40	2.00	2.20	2.40	2.60	2.80	3.20	3.40	3.60	1.60

    
    
    An 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.
13. Holiday credit may be requested and taken in fifteen (15) minute increments.
14. 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.
15. Upon termination from State employment, an employee shall be paid for unused holiday credit.
16. In the event that traditional, but unofficial holidays (e.g., Mother’s Day, Father’s Day), or religious holidays (e.g., Easter or Yom Kippur) fall on an employee’s scheduled workday, the employee shall have the option to request the use of annual leave, accrued vacation, holiday credits, personal leave or CTO time, in order to secure the day off. The department head or designee shall make a reasonable effort to grant an employee the day off subject to operational need.

1. 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 forty-two (42) hours of vacation credit. Less than full-time employees shall be allowed, on a pro-rata basis, the fractional part of the bonus vacation credit. Thereafter, for each additional qualifying monthly pay period, full-time employees shall be allowed credit for vacation with pay on the first day of the following month 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
   241 months and over	14 hours per month

2. Employees may elect to enroll in the Annual Leave Program to receive annual leave credit in lieu of vacation and sick leave credits. Enrollment into and out of the Annual Leave Program will occur annually during an open enrollment period during the month of April. All enrollments must be received by the employee’s personnel office from April 1 to April 30. The effective date of the election shall be the first day of the June pay period.
3. 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

4. Employees who elect to move to the vacation and sick leave programs will have the employee’s accrued annual leave balances converted to vacation. Employees shall have the continued use of any sick leave accrued as of the effective date of this Agreement.
5. A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall earn Vacation/Annual Leave credits as set forth under subsection A above or C respectively. Absences from State service resulting from a temporary or permanent separation for more than eleven (11) consecutive working days which fall into two (2) consecutive qualifying pay periods shall disqualify the second pay period.
6. Less than full-time and hourly employees shall accrue proportional Vacation/Annual Leave credits, in accordance with the chart shown in section 7.1 (L) of this Contract.
7. Vacation/Annual Leave accrual for employees in multiple positions will be computed by combining all positions, 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.
8. Annual Leave that is used for purposes of sick leave is subject to the requirements set forth in section 8.2, Sick Leave, of this Contract.
9. Work Week Group 2 employees may take Vacation/Annual Leave credits in fifteen (15) minute increments.
10. Work Week Group 2 employees are authorized to use existing fractional Vacation/Annual Leave hours that may have been accumulated.
11. Subject to operational needs, the time when Vacation/Annual Leave shall be taken by the employee shall not be unreasonably denied. Employee Vacation/Annual Leave requests shall be submitted and granted or denied in writing in a timely manner. Vacation/Annual Leave can only be cancelled when unanticipated operational needs require it.
12. Vacation/Annual Leave requests must be submitted in accordance with departmental policies on this subject. However, when two (2) or more employees on the same shift (if applicable) in a work unit (as defined by each department head or designee) request the same Vacation/Annual Leave time and approval cannot be given to all employees requesting it, employees shall be granted the employee’s preferred Vacation/Annual Leave period in order of seniority (defined as total months of State service in the same manner as Vacation/Annual Leave is accumulated). When two (2) or more employees have the same amount of State service, department seniority will be used to break the tie. Vacation/Annual Leave schedules, which have been established in a work unit, pursuant to the seniority provisions in this Article, shall not be affected by employee(s) entering the unit after the schedule has been established.
13. If an employee does not use all of the Vacation/Annual Leave that the employee has accrued in a calendar year, the employee may carry over the employee’s accrued Vacation/Annual Leave credits to the following calendar year to a maximum of six hundred forty (640) hours. A department head or designee may permit an employee to carry over more than six hundred forty (640) hours of accrued Vacation/Annual Leave hours if an employee was unable to reduce the employee’s 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/Annual Leave until December 31 because of sick leave; or (5) was on jury duty.
14. By June 1 of each calendar year those employees whose Vacation/Annual Leave balance exceeds, or could exceed by December 31, the Vacation/Annual Leave cap of subsection M must submit to the employee’s supervisor for approval a plan to use Vacation/Annual Leave to bring the employee’s balance below the cap. If the employee fails to submit a plan, or adhere to an approved plan, the department head or designee has the right to order an employee to take sufficient Vacation/Annual Leave to reduce the employee’s Vacation/Annual Leave balance or potential balance on December 31 below the cap specified in subsection M.
15. Upon termination from State employment, the employee shall be paid for accrued Vacation/Annual Leave credits for all accrued Vacation/Annual Leave time.
16. 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 credit 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.
17. Employees may be permitted annually to cash out up to eighty (80) hours of accumulated Vacation/Annual Leave as follows:

On or before May 1 of each year, starting in the 2017 calendar year, each department head (Director, Executive Officer, etc.) or designee will advise department employees whether the department has funds available for the purpose of cashing out accumulated Vacation/Annual Leave. In those departments that have funds available, employees will be advised of the number of hours that may be cashed out, not to exceed eighty (80) hours. Employees who wish to cash out Vacation/Annual Leave must submit a written request during the month of May to the individual designated by the Department Director. Departments will issue cash payments for cashed out Vacation/Annual Leave during the month of June.

1. 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 which is determined by a physician to require absence from work;
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 mother, father, husband, wife, domestic partner (as defined in accordance with Family Code section 297), son, daughter, brother, sister, or any person residing in the immediate household. Such absence shall be limited to six (6) workdays per occurrence or, in extraordinary situations, to the time necessary for care until physician or other care can be arranged.
1. Labor Code 245.5 defines family member as any of the following: a child, meaning a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, as well as a spouse, registered domestic partner, grandparent, grandchild and a sibling.
5. Labor Code 246.5 allows the use of sick leave for an employee who is a victim of domestic violence, sexual assault, or stalking.
2. A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall be eligible for up to eight (8) hours of sick leave credit. On the first day of the monthly pay period following completion of each qualifying pay period of service, each full-time employee shall earn eight (8) hours of credit for sick leave with pay.
3. Credit for less than full-time employees shall be computed as follows:
1. Part-time employees: On the first day of the monthly pay period following completion of each monthly pay period of continuous service, each part-time employee shall be allowed, on a pro rata basis, the fractional part of the employee’s appropriate accrual rate of credit for sick leave with pay in accordance with the schedule in Article 7.1 (L).
2. Multiple positions under this rule:
1. An employee holding a position in State service in addition to the primary full-time position with the State shall not receive credit for sick leave with pay for service in the additional position;
2. Where an employee holds two (2) or more “less than full-time positions,” the time worked in each position shall be combined for purposes of computing credits for sick leave with pay, but such credits shall not exceed the amount earned for [eight (8) hours per pay period] full-time employment credit.
4. An employee may be required to provide a physician’s or licensed practitioner’s verification of sick leave when:
1. The employee has a demonstrable pattern of sick leave abuse; or
2. The supervisor has good reason to believe the absence was for an unauthorized reason. A supervisor has good reason if a prudent person would also believe the absence was for an unauthorized reason.
   
   The State recognizes the confidential nature of the relationship between the health care provider and patient and if verification is required it shall be limited to the anticipated length of the absence, any restrictions upon return to work that prevent the employee from performing the full range of the employee’s normal work assignment and anticipated future absences. If the department head or designee does not consider the verification adequate, the request for sick leave may be disapproved. Upon request, a denial of sick leave shall be in writing stating the reason for denial.
5. An employee will not be denied the right to use sick leave or be subject to any type of corrective or disciplinary action, or in any manner discriminated against for using or attempting to exercise the employee’s right to use sick leave based solely on the amount of use.
6. Sick leave may be accumulated without limit.
7. Sick leave may be requested and taken in fifteen (15) minute increments.
8. A full-time employee whose continuity of employment is broken by a permanent separation of six (6) months or longer and is subsequently reemployed cannot be credited with any unused sick leave accumulated prior to the employee’s separation and the full-time employee must complete one month of continuous service before being granted one day of sick leave credit. In addition, when a full-time employee has a break in the continuity of employment because of a permanent separation of less than six (6) months or because of a temporary separation, the full-time employee’s prior unused sick leave balance is restored.
9. When an employee’s sick leave balance is zero, other leave credits such as vacation, CTO, PLP, personal holiday, or holiday leave may be substituted with the supervisor’s approval, and shall not be unreasonably denied.
10. Time during which an employee is excused from work because of sick leave shall not be considered as time worked for purposes of calculating overtime.
11. Disabled Veterans Credit
1. In addition to any other entitlement for sick leave with pay, a state officer or employee hired on or after January 1, 2016, who is a veteran with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs shall be entitled to additional credit for sick leave with pay of up to 96 hours for the purpose of undergoing medical treatment, including mental health treatment, for the employee’s service-connected disability. Credit for sick leave granted under this paragraph shall be credited to qualifying officer or employee on the first day of employment and shall remain available for use for the following twelve (12) months of employment. Sick leave credited pursuant to this paragraph that is not used during the 12-month period shall not be carried over and shall be forfeited. Submission of satisfactory proof that sick leave granted under this paragraph is used for treatment of a service-connected disability may be required pursuant to the rules adopted by the department.
2. In addition to any other entitlement for sick leave with pay, a state officer or employee who serves as a member of the California National Guard or Federal Military Reserve Force who is called up to active service and as a result sustains a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs shall be entitled to additional credit for sick leave with pay of up to 96 hours for the purpose of undergoing medical treatment, including mental health treatment, for the employee’s service-connected disability. Credit for sick leave granted under this paragraph shall be credited to a qualifying officer or employee on the effective date of the employee’s disability rating decision from the United States Department of Veterans Affairs or on the first day that the qualifying employee begins, or returns to, employment after active duty, whichever is later, and shall remain available for use for the following 12 months of employment. Sick leave credited under this paragraph that is not used during the 12-month period shall not be carried over and shall be forfeited. Submission of satisfactory proof that sick leave granted under this paragraph is used for treatment of a service-connected disability may be required pursuant to rules adopted by the department.

1. The amount of bereavement leave related to the death of an immediate family of an employee’s spouse shall be the same for the immediate family of a registered domestic partner. 
2. Permanent or probationary employees, and non-permanent employees who have been employed for at least 30 days, may take up to five (5) days of unpaid bereavement leave for the death of a spouse/domestic partner, child, parent, stepparent, sibling, grandparent, grandchild, or parent-in-law. Such bereavement leave shall be authorized for up to five (5) days per occurrence. Such bereavement leave shall qualify with pay for specific occurrences pursuant to subsection C below.
   
   The employee may elect to use their accrued annual leave, vacation, sick, CTO, or any other earned leave credits for any unpaid days of leave which do not qualify with pay pursuant to subsection C below.
3. A department head or designee shall authorize bereavement leave with pay for a permanent or probationary full-time State employee, regardless of their time of service, due to the death of the employee’s parent, stepparent, spouse, domestic partner (as defined in accordance with Family Code section 297), child, grandchild, grandparent, sibling, stepchild, parent-in-law, child-in-law, sibling-in-law, or death of any person residing in the 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 (3) eight-hour days (24 hours) per occurrence.
4. A department head or designee shall authorize bereavement leave with pay for a permanent full-time or probationary full-time employee, regardless of their time of service, due to the death of the employee’s aunt, uncle (parent’s sibling), niece, nephew (sibling’s child). Such bereavement leave shall be authorized for up to three (3) eight-hour days (24 hours) in a fiscal year.
   
   If the death of a person as described above requires the employee to travel over four hundred (400) miles one way from the employee’s 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. Any such request shall not be arbitrarily or unreasonably denied.
5. The bereavement leave days outlined in Sections B, C, and D do not need to be taken consecutively, but must be requested within three (3) month of the date of death. The employee shall give notice to the employee’s immediate supervisor as soon as possible and shall, if requested by the employee’s supervisor, provide substantiation to support the request. Substantiation includes, but is not limited to, a death certificate, published obituary, written verification of death, burial, or memorial from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
6. Employees may utilize the employee’s annual leave, vacation, CTO, or any other earned leave credits for additional time required in excess of time allowed above. Sick leave may be utilized for Bereavement Leave in accordance with the sick leave provision of this Contract in section 8.2. Any such request shall not be arbitrarily or unreasonably denied.
7. Fractional time base (part-time) employees will be eligible for bereavement leave on a pro rata basis, based on the employees’ fractional time base (See schedule in Article 7.1 (L)).

1. A permanent employee shall be entitled, upon request, to an unpaid leave of absence for purposes of pregnancy, childbirth, recovery there from or care for the newborn child for a period not to exceed one year. The employee shall provide medical substantiation to support the request for pregnancy leave. The request must include the beginning and ending dates of the leave and must be requested no later than thirty (30) calendar days after the birth of the child. Any changes to the leave, once approved, are permissive and subject to the approval of the department head or designee.
2. A spouse, parent or domestic partner (as defined 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 year to care for the employee’s newborn child. The employee shall provide medical substantiation to support the employee’s request for parental leave. The request must include the beginning and ending dates of the leave and must be requested no later than thirty (30) calendar days after the birth of the child. Any changes to the leave, once approved, are permissive and subject to the approval of the department head or designee.
3. If the request for parental leave is made more than thirty (30) calendar days after the birth of the child, a permissive unpaid leave of absence may be considered by the department head or designee.
4. During the period of time an employee is on parental leave, the employee shall be allowed to continue the employee’s health, dental, and vision benefits. The cost of these benefits shall be paid by the employee and the rate that the employee will pay will be the group rate.

1. During the period of time an employee is on adoption leave, the employee shall be allowed to continue the employee’s health, dental, and vision benefits. The cost of these benefits shall be paid by the employee and the rate that the employee will pay will be the group rate.
2. Existing leave credits may be used for the purpose of assuming custody of the adopted child.

1. The Union shall have the choice of requesting an unpaid leave of absence or a paid leave of absence (union leave) for a Union bargaining council representative, steward, steward-in-training, or chief job steward. An unpaid leave of absence may be granted by the State pursuant to the unpaid leave of absence provisions in this Contract. Union leave may also be granted during the term of this Contract at the discretion of the affected department head or designee in accordance with the following:
1. The union leave shall normally be requested on a State approved form fourteen (14) calendar days prior to the date of the leave.
2. Any denial of union leave must be made in writing to the Union, with an explanation for the denial.
3. The union leave request form shall be signed by either the SEIU Local 1000 President or designee and no other signature will be honored by the State. A written list of designee(s) shall be furnished to CalHR.
4. A union leave shall assure an employee the right to the employee’s former position upon termination of the leave. The term “former position” is defined in Government Code section 18522.
5. The Union agrees to reimburse the affected department(s) for the full amount of the affected employee’s salary, plus an additional amount equal to thirty-five percent (35%) of the affected employee’s salary, for all the time the employee is off on union leave, within sixty (60) days of billing.
   
   On July 1, 2024, the Union agrees to reimburse the affected department(s) for the full amount of the affected employees’ salary, plus an additional amount of thirty-seven percent (37%) of the affected employees’ salary, for all the time the employee is off on union leave, within sixty (60) days of billing.
   
   On July 1, 2025, the Union agrees to reimburse the affected department(s) for the full amount of the affected employees’ salary, plus an additional amount of thirty-nine percent (39%) of the affected employees’ salary, for all the time the employee is off on union leave, within sixty (60) days of billing.
   
   On July 1, 2026, the Union agrees to reimburse the affected department(s) for the full amount of the affected employees’ salary, plus an additional amount of forty-one percent (41%) of the affected employees’ salary, for all the time the employee is off on union leave, within sixty (60) days of billing.
   
   Disputes regarding reimbursement shall be resolved through the arbitration process.
6. The affected employee shall have no right to return from a union leave earlier than the agreed upon date without the approval of the employee’s appointing power.
7. Except in emergencies or layoff situations, a union leave shall not be terminated by the department head or designee prior to the expiration date.
8. Employees on union leave shall suffer no loss of compensation or benefits.
9. Employees on union leave under this provision and the Union shall waive any and all claims against the State for workers’ compensation and IDL.
10. In the event an employee on union leave, as discussed above, files a workers’ compensation claim against the State of California or any agency thereof, for an injury or injuries sustained while on union leave, the Union agrees to indemnify and hold harmless the State of California or agencies thereof, from both workers’ compensation liability and any costs of legal defense incurred as a result of the filing of the claim.
2. Special Union Business Events
   
   The State agrees to release employees on union paid leave for elected representatives (or alternates when applicable) in accordance with A2 through A10 above to attend the following governance meetings:
1. SEIU Local 1000 Council (Quarterly)
2. Statewide Bargaining Advisory Committee (Quarterly)
3. General Council Meeting (Once every three years)

The Union shall provide a calendar of the above events to the State each year by January 15 to facilitate the ability of the State to release these representatives on the scheduled dates. Requests by the Union for representatives to attend these events may not be unreasonably denied.

1. A department head or designee may grant an unpaid leave of absence for a period not to exceed one (1) year. The employee shall provide substantiation to support the employee’s request for an unpaid leave of absence.
2. Except as otherwise provided in subsection C below, an unpaid leave of absence shall not be granted to any employee who is accepting some other position in State employment; or who is leaving State employment to enter other outside employment; or does not intend to, nor can reasonably be expected to, return to State employment on or before the expiration of the unpaid leave of absence. A leave, so granted, shall assure an employee the right to the employee’s former position upon termination of the leave. The term “former position” is defined in Government Code section 18522.
3. An unpaid leave of absence may be granted for, but not limited to, the following reasons:
1. Union activity;
2. For temporary incapacity due to illness or injury;
3. To be loaned to another governmental agency for performance of a specific assignment;
4. To seek or accept other employment during a layoff situation or otherwise lessen the impact of an impending layoff;
5. Education;
6. Research project;
7. Personal or family matters; or
8. Run for public office.
4. Extensions of an unpaid leave of absence may be requested by the employee and may be granted by the department head or designee.
5. A leave of absence shall be terminated by the department head or designee:
1. At the expiration of the leave; or
2. Prior to the expiration date with written notice at least thirty (30) workdays prior to the effective date of the revocation.

1. Upon request of an employee and upon approval of a department director or designee, leave credits (CTO, personal leave, annual leave, vacation, personal day, and/or holiday credit) shall be transferred between family members, in accordance with departmental procedures, for issues relating to Family Medical Leave, parental leave or adoption leave as indicated in the relevant articles of this Contract. Donations may be made by a child, parent, spouse, domestic partner (as defined in accordance with Family Code section 297), brother, sister, or other person residing in the immediate household.
2. Upon request of an employee and upon approval of a department director or designee, leave credits (CTO, personal leave, annual leave, vacation, personal day, and/or holiday credit) shall be transferred from one or more employees to another employee, in accordance with the departmental policies, when the receiving employee faces financial hardship due to injury or the prolonged illness of the employee, employee’s child, parent, spouse, domestic partner (as defined in accordance with Family Code section 297), spouse’s or domestic partner’s parent, brother, sister, or other person residing in the immediate household.
3. For the purposes of transferring leave credits the following definitions shall apply:
1. Sick leave credits cannot be transferred;
2. The receiving employee has exhausted all leave credits;
3. The donations must be a minimum of one hour and thereafter, in whole hour increments and credited as vacation or annual leave. Special School exempt employees may transfer personal days to another Special School exempt employee in accordance with section 22.4 Personal Days – Special Schools except that such transferred days shall be credited as personal days;
4. Personal holidays must be transferred in one (1) day increments (Personal holiday donations shall be made pursuant to the donating employee’s time base);
5. Transfer of annual leave, personal leave, vacation, CTO, personal day, and holiday credits shall be allowed to cross departmental lines in accordance with the policies of the receiving department;
6. The total leave credits received by the employee shall normally not exceed six (6) months; however, if approved by the appointing authority, the total leave credits received may be twelve (12) months;
7. Donations shall be made on a form to be supplied by the State, signed by the donating employee, and verified by the donating department. When donations are used, they will be processed based on date and time received (first in, first used). Unused donations shall be returned to the appropriate donor;
8. This section is not subject to the grievance, arbitration and AWOL procedures Article of the Contract.

1. Sick leave credits cannot be transferred;
2. When the receiving employee faces financial hardship due to the effect of the natural disaster on the employee’s principal residence;
3. The receiving employee has exhausted all vacation, annual leave, and CTO credits and resides in one of the counties where a State of Emergency exists as declared by the Governor;
4. The donations must be a minimum of one (1) hour and thereafter, in whole hour increments and credited as vacation;
5. Personal holiday must be transferred in one (1) day increments. (Personal holiday donations shall be made pursuant to the donating employee’s time base);
6. Transfer of annual leave, vacation, personal leave, CTO, personal day, and holiday credits shall be allowed to cross departmental lines in accordance with the policies of the receiving department;
7. 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;
8. Donations shall be made on a form to be supplied by the State, signed by the donating employee, and verified by the donating department. When donations are used, they will be processed based on date and time received (first in, first used). Unused donations shall be returned to the appropriate donor;
9. This section is not subject to the grievance, arbitration and AWOL procedures article of this Contract.

1. Employees who are participating in a State civil service examination shall be granted reasonable time off without loss of compensation to participate in an examination if the examination has been scheduled during the employee’s normal work hours and the employee has provided reasonable (normally two (2) working days) notice to the employee’s supervisor. For the purposes of this section, hiring interviews for individuals certified from employment lists, individuals on State Restrictions of Appointment (SROA) lists seeking transfers, or individuals seeking transfers in departments where the department head or designee determines the department is in a layoff mode shall be considered part of the examination process. The State shall attempt to accommodate a shift change or shift modification request from an employee when an exam is outside of the employee’s normal work schedule.
2. Authorized release time for reasonable travel time to and from the examination site shall be granted by the department. In cases where the examination site is in another city, necessary travel time will be limited to include only that which would be necessary by the most expeditious mode of travel (e.g. airplane versus ground transportation) and that results in the least disruption to the employer.
3. This sub-section applies to Unit 14, 15, 17 (level of care), and 20 (level of care) only. Reasonable time off shall include time to wash up or shower, and change clothes at or within close proximity of the worksite.
4. Costs associated with travel will not be paid by the State.
5. If the examination is provided electronically, the employee, upon receiving approval from the employee’s supervisor, shall be allowed a reasonable amount of time to use state owned property to register for and complete the examination during the employee’s normal working hours with no loss of compensation.
6. Employees who are participating in hiring interviews by way of lateral transfers and are not on a hiring list, may utilize leave, other than sick leave, in accordance with the MOU. Employees shall request leave (normally two (2) working days) prior to the interview, and the request shall not be unreasonably denied.

1. Upon two (2) working days advance notice, the State shall provide reasonable time off without loss of compensation for a reasonable number of employees to attend hearings conducted by the California State Personnel Board during the employee’s normal work hours provided that the employee is either:
1. A party to the hearing proceedings, e.g., an appellant; or
2. Is specifically affected by the results of the hearing and has been scheduled to appear or testify before the State Personnel Board.
2. The State shall attempt to accommodate a shift change request from an employee involved in 1 or 2 above on the day of a State Personnel Board hearing.

All employees shall, upon transfer in State service, transfer with all accumulated vacation, annual leave, personal leave, personal days, and sick leave credits.

1. Whenever an employee is served with a court subpoena which compels the employee’s presence as a witness, unless the employee is a party or an expert witness, such employee shall be granted a leave of absence with pay in the amount of the difference between the employee’s regular earnings and any amount the employee receives for such appearance. The time authorized and used by a Unit 17 employee who is required by the State to prepare and testify as a witness, shall be considered as time worked.
2. A Bargaining Unit 17 employee shall be granted reasonable state release time for appearances before the Board of Registered Nurses if the employee is exonerated of all charges.
3. This action shall not be applicable to appearances for which the employee receives compensation in excess of the employee’s regular pay.
4. In the event an employee is a party to the legal action, the employee shall, upon reasonable notice and the approval of the immediate supervisor, be granted the use of the employee’s accrued CTO, personal, annual, vacation or unpaid leave.
5. Upon request, and subject to operational needs, an employee on an alternate work schedule or shift other than Monday – Friday, 8:00 a.m. to 5:00 p.m. may be placed on an existing work schedule or shift that coincides with the time the employee is required to be available in accordance with the provisions of A above.

1. An employee shall be allowed such time off without loss of compensation as is required in connection with mandatory jury duty. For employees with a work schedule other than a Monday through Friday, 8:00 a.m. to 5:00 p.m. work schedule, the State shall make a temporary change in the employee’s work schedule to a 5/8/40 Monday through Friday work week for no less than one (1) full week and, where necessary, additional full week increments until the employee is released from jury duty. For the purpose of this Section, a work week is defined as 12:00 a.m. Sunday through 11:59 p.m. Saturday.
2. Upon receiving notice or summons of jury duty, an employee shall immediately notify the employee’s supervisor and provide a copy of the notice or jury summons.
3. If an employee receives jury fees, the employee is required to remit to the State jury fees unless the employee elects to use accrued vacation leave, annual leave or compensating time off on jury duty.
4. For the purposes of this Section, “jury fees” means received for jury duty excluding payment for mileage, parking, meals or other out-of-pocket expenses.
5. 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 grand jury. If approved by the department, provision B and C above apply.
6. An employee summoned to jury duty who does not serve for a full day or who is placed on “on-call” status shall return to work to complete the employee’s scheduled workday if reasonable time remains for such return. An employee may not be required to report back to work if the employee feels there is not reasonably enough time left in the workday and if the employee’s supervisor concurs. Concurrence will not be unreasonably withheld.

1. Each full-time employee subject to paragraph B shall be credited with eight (8) or sixteen (16) hours of voluntary personal leave on the first day of the following monthly pay period for each month in the Voluntary PLP.
2. Each full-time employee participating in the Voluntary PLP shall continue to work the employee’s assigned work schedule and shall have an equal reduction in pay. In exchange, eight (8) or sixteen (16) hours of leave will be credited to the employee’s Voluntary PLP monthly balance. Salary ranges and rates shall not be affected because of Voluntary PLP participation.
3. Personal leave shall be requested and used by the employee in the same manner as vacation/annual leave or personal necessity leave. Requests to use personal leave must be submitted in accordance with departmental policies on vacation/annual leave or personal necessity leave. Personal leave shall not be included in the calculation of vacation/annual leave balances pursuant to Article 8 (Leaves).
4. An employee may accumulate no more than two hundred forty (240) hours of voluntary personal leave. When an employee reaches two hundred forty (240) hours of personal leave or would exceed two hundred forty (240) hours of personal leave with further accumulation, the employee shall be removed from the Voluntary PLP.
5. When an employee is removed from the Voluntary PLP, the employee may not participate for a minimum of twelve (12) months and the employee is not eligible to re-enroll until the employee’s balance is reduced to a maximum of one hundred twenty (120) hours.
6. 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 (DOF), for the Voluntary PLP, departments will offer employees the opportunity to cash out accrued personal leave. Upon retirement/separation, the cash value of the employee’s personal leave balance may be transferred into a State of California, CalHR Deferred Compensation Program as permitted by federal and state law.
7. 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 Voluntary PLP.
8. A State employee in the Voluntary PLP shall be entitled to the same level of State employer contributions for health, vision, dental, flex-elect cash option, and enhanced survivor’s benefits the employee would have received had the Voluntary PLP not occurred.
9. The Voluntary PLP 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.
10. The Voluntary PLP 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.
11. Part-time employees shall be subject to the same conditions as stated above, on a prorated basis.
12. The Voluntary PLP for intermittent employees shall be prorated based upon the number of hours worked in the monthly pay period.
13. The Voluntary PLP shall be administered consistent with the existing payroll system and the policies and practices of the SCO.
14. Employees on SDI, IDL, EIDL, or workers’ compensation for the entire monthly pay period shall be excluded from the Voluntary PLP for that month.

1. The State acknowledges its commitment to comply with the spirit and intent of the leave entitlement provided by the FMLA and the California Family Rights Act (CFRA) referred to collectively as “FMLA”. The State and the Union recognize that on occasion it will be necessary for employees of the State to take job protected leave for reasons consistent with the FMLA. As defined by the FMLA, reasons for a FMLA leave may include an employee’s serious health condition, for the care of a child, spouse, domestic partner (as defined in Family Code section 297), or parent who has a serious health condition, and/or for the birth or adoption of a child.
2. For the purposes of providing the FMLA benefits the following definitions shall apply:
1. An eligible employee means an employee who meets the eligibility criteria set forth in the FMLA;
2. An employee’s child means any child, regardless of age, who is affected by a serious health condition as defined by the FMLA and is incapable of self care. “Care” as provided in this section applies to the individual with the covered health condition;
3. An employee’s parent means a parent or an individual standing in loco parentis as set forth in the FMLA;
4. Leave may include paid sick leave, vacation, annual leave, personal leave, catastrophic leave, holiday credit, excess hours, and unpaid leave. In accordance with the FMLA, an employee shall not be required to use CTO credits, unless otherwise specified by section 8.8 of this Contract.
1. FMLA absences due to illness and/or injury of the employee or eligible family member may be covered with the employee’s available sick leave credits and catastrophic leave donations. Catastrophic leave eligibility and sick leave credit usage for a FMLA leave will be administered in accordance with section 8.8 and 8.2 of this Contract.
2. Other leave may be substituted for the FMLA absence due to illness and/or injury, at the employee’s discretion. An employee shall not be required to exhaust all paid leave, before choosing unpaid leave, unless otherwise required by section 8.8 of this Contract.
3. FMLA absences for reasons other than illness and/or injury (i.e., adoption or care of an eligible family member), may be covered with leave credits, other than sick leave, including unpaid leave, at the employee’s discretion. Except in accordance with section 8.8 of this Contract, an employee shall not be required to exhaust all leave credits available before choosing unpaid leave to cover a FMLA absence.
3. An eligible employee shall provide certification of the need for a FMLA leave. Additional certification may be requested if the department head or designee has reasonable cause to believe the employee’s condition or eligibility for FMLA leave has changed. The reasons for the additional certification request shall be provided to the employee in writing.
4. An eligible employee shall be entitled to a maximum of twelve (12) workweeks FMLA leave per calendar year and all other rights set forth in the FMLA. This entitlement shall be administered in concert with the other leave provisions in Article 8 of this Contract. Nothing in this Contract should be construed to allow the State to provide less than that provided by the FMLA.
5. On January 1 of each year, FMLA leave shall be recorded in accordance with the calendar year. Each time an employee takes an FMLA leave, the remaining leave entitlement is any balance of the twelve (12) workweeks that has not been used during the current calendar year. Employees who have taken FMLA leave under the previous twelve (12) month rolling period, shall be entitled to additional leave up to a total of twelve (12) weeks for the current calendar year.
6. An employee on FMLA leave has a right to be restored to the employee’s same or “equivalent” position (FMLA) or to a “comparable” position (CFRA) with equivalent pay, benefits, and other terms and conditions of employment.
7. For the purposes of computing seniority, employees on paid FMLA leave will accrue seniority credit in accordance with CalHR rules 599.608 and 599.609.
8. Any appeals regarding a FMLA decision should be directed to the department head or designee. FMLA is a Federal law and administered and enforced by the Department of Labor, Employment Standards Administration, Wage and Hour Division. The State’s CFRA is a State law which is administered and enforced by the CRD. FMLA/CFRA does not supersede any Article of this Contract which provides greater family and medical leave rights. This section is not subject to grievance or arbitration.
9. The Union will be noticed when a denial is issued for the lack of one thousand two hundred and fifty (1,250) hours of service. A copy of the written denial shall be sent attn: SEIU Local 1000 Headquarters within thirty (30) days. Should the request for FMLA be denied, the reason for denial will be provided in writing within thirty (30) days to the employee.

1. Eligible employees may receive up to forty (40) hours of mentoring leave per calendar year to participate in mentoring activities once the employee has used an equal amount of the employee’s 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.
2. An employee must use an equal number of hours of the employee’s personal time (approved annual leave, vacation, personal leave, personal holiday, or CTO during the workday 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, the employee must have used two (2) verified hours of the employee’s 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.
3. Prior to requesting mentoring leave and in accordance with departmental policy, an employee shall provide the employee’s supervisor with verification of personal time spent mentoring from the mentoring organization.
4. Requests for approval of vacation, CTO, and/or annual leave for mentoring activities are subject to approval requirements in this Contract 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.
5. In order to be eligible for mentoring leave, an employee must:
1. Have a permanent appointment;
2. Have successfully completed the employee’s initial probationary period; and
3. Have committed to mentor a child or youth through a mentoring organization that meets the quality assurance standards in accordance with the Governor’s Mentoring Partnership, for a minimum of one (1) 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 (1) school year commitment based on the mentor program that is selected.)
6. An employee is not eligible to receive mentoring leave if:
1. The employee is assigned to a “post” position in the CDCR; or
2. The employee works in a level of care position in the DDS, DSH, CDE, CDCR or Veterans’ Affairs (CalVet).
7. Permanent part-time and Permanent Intermittent (PI) employees may receive a prorated amount of mentoring leave based upon the employee’s time base. For example, a half-time employee is eligible for twenty (20) hours of mentoring leave per calendar year, whereas an intermittent employee must work a qualifying monthly pay period (equivalent to one hundred sixty [160] hours) to earn 3.3 hours of mentoring leave.
8. Any appeals and/or disputes regarding this section shall be handled in accordance with the complaint procedure specified in Article 6 of this Contract.

1. Family Activity
   
   Subject to operational needs and reasonable notice to the employer, employees shall be permitted to use accrued leave credits (vacation, annual leave, personal holiday, holiday credits, CTO) for the purpose of attending school or non-school family-related activities such as sports events, recitals, 4-H, etc., in which the employee’s child is participating. However, use of such leave shall not diminish an employee’s entitlement under the Family School Partnership Act (Labor Code section 230.8) to, upon reasonable notice to the employer, use up to eight (8) hours per month but not to exceed forty (40) hours per calendar year of accrued leave credits (vacation, annual leave, personal holiday, holiday credits, CTO) for the purpose of attending school or pre-school related activities in which the employee’s child is participating. Family is defined as the employee’s child, or any child the employee stands in loco parentis (to the child). Employee leave requests for family activities shall be in accordance with the appropriate departmental procedures.
2. Family Crisis
   
   Subject to operational needs, and upon reasonable notice to the employee’s immediate supervisor, employees shall be eligible to use accumulated leave credits for the purpose of dealing with family crisis situations (e.g., divorce counseling, family or parenting conflict management, family care urgent matters and/or emergencies). If the employee has exhausted available leave credits, the employee may request unpaid leave. Family is defined as the parent, stepparent, spouse, domestic partner (as defined in accordance with Family Code section 297), child, grandchild, grandparent, sibling, stepchild, or any person residing in the immediate household. If eligible, any family crisis leave that meets the definition of serious health condition will run concurrently with section 8.16 of this Contract, Family Medical Leave Act. The State shall consider requests from employees to adjust work hours or schedules or consider other flexible arrangements consistent with a department’s operational needs and the provisions of this Contract. Employee requests related to family crisis or domestic violence shall be in accordance with departmental procedures and, except in emergencies, shall be made with reasonable notice to the employee’s immediate supervisor. The State shall maintain the confidentiality of any employee requesting accommodation under this section, but may require substantiation to support the employee’s request.

With prior approval of the employee’s supervisor and under comparable conditions as provided for supervisors and managers in CalHR rule 599.930, an employee 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.

Bargaining unit employees who donate blood, plasma, platelets and other blood products to certified donation centers may be allowed reasonable release time without loss of compensation when donations are made either at or in close proximity to the work site. Donation verification shall be provided upon request.

1. On October 1 of each year, each unit/work location shall post a vacation calendar, specific for Unit 17 Registered Nurses, in a prominent place readily available. For the a.m. and p.m. shifts, the calendar shall clearly indicate by unit/work location (as defined by the program management) and shift, the number of Registered Nurse employees that may be on vacation on each day of the upcoming year. For the NOC shift, the calendar shall indicate, by program, the number of employees that may be on vacation on each day of the upcoming year. The posted vacation time shall be sufficient to permit all employees on each shift to have a vacation during the year. Non-client residential programs are exempt from coverage but will be governed by terms and conditions provided under the Agreement.
2. During the period of October 1 to October 31, all Registered Nurses may sign up for no more than three (3) vacation periods for the upcoming calendar year. Each vacation period shall be for consecutive days. The three (3) vacation periods combined shall not exceed thirty-two (32) days of vacation days scheduled off during the vacation year, and any one (1) vacation period shall not exceed twenty-four (24) vacation days scheduled off. Each vacation period shall be separated by at least twenty-two (22) days worked.
1. Vacation requests shall not exceed the employees’ accrued vacation, annual leave, Personal Leave Program (PLP), furlough, or Personal Development Days (PDD) time balance at the time(s) the vacation(s) is taken.
2. During the above period, management will not intervene to resolve conflicts in the vacation requests. Beginning November 1 and ending the close of November 30, those employees with overlapping vacation requests that would result in exceeding the authorized vacation posting shall be notified. These employees will be given the opportunity to modify the employee’s vacation choices through discussion and compromise among the affected employees. Where these discussions do not result in compromise and agreement among affected employees, the most senior employees’ vacation request shall prevail. Conflicts between employees with the same seniority shall be resolved by lot (coin toss). The employee has the right to be present during the coin toss. If an employee does not obtain the employee’s bid vacation, the employee will be provided the same duration of time off as bidded as determined by management, or the employee may bid on the remaining unbid vacation time.
3. On December 7, program management shall post the vacation calendar for the upcoming vacation year.
4. Program management shall post an ad hoc calendar on a quarterly basis for the purpose of identifying potential time slots.
   
   The calendar shall be posted on or about December 20 for the January/March quarter and by the 20th day of the last month of each quarter thereafter.
1. Program management shall maintain full and unabridged discretion to determine the time slot(s) available on the ad hoc calendars and shall maintain full and unabridged prerogatives to add or delete ad hoc time slot(s) that have not been approved off.
2. The ad hoc calendar shall not be construed as an additional vacation calendar, but as contingent and tentative time slot(s) subject to cancellation for operational needs.
3. The ad hoc time slot(s) shall be obtained on a first-come, first-served basis without regard to what type of employee time accrual is used to request the time slot(s) off.
5. When an employee cancels a vacation period, the State shall make a reasonable effort to make all or part of the time available on the ad hoc calendar.
6. A reasonable effort shall be made to honor vacation time when an employee transfers to another position within the facility. If it cannot be honored, the employee will be guaranteed the equivalent time off at another time, as determined by management.
7. Nothing in this Agreement shall prevent program management from granting additional time in excess of the ad hoc calendar.
8. If an ad hoc time slot is available, an employee who elects to use a personal holiday, it shall be granted if the request is made at least five (5) calendar days in advance.

1. On October 1 of each year, each program or other work location shall post a vacation calendar in a prominent place. The calendar shall indicate by program and shift the number of employees that may be on vacation on each day of the upcoming calendar year. The posted vacation time shall be sufficient to permit all employees on each shift to have an opportunity to take a vacation.
2. Between October 15 and November 15, employees shall be called upon in order of seniority to bid subject to available posted vacation dates, one (1), two (2) or three (3) vacation period(s) for the upcoming calendar year as follows:
1. For one (1) vacation period, it must be consecutive days not to exceed thirty-two (32) days of vacation days scheduled off during the vacation year.
2. For three (3) vacation periods, each vacation period shall be for consecutive days. The three (3) vacation periods combined shall not exceed thirty-two (32) days of vacation days scheduled off during the vacation year, and any one (1) vacation period shall not exceed twenty-four (24) vacation days scheduled off. Each vacation period shall be separated by at least twenty-two (22) days worked. As each employee chooses the employee’s vacation period, that vacation period shall be entered in ink on the appropriate vacation calendar.
3. For the purpose of subsection B, an employee’s chosen vacation period may not exceed the employee’s accrued vacation, annual leave, Personal Leave Program (PLP), furlough or Personal Development Days (PDD) time balance(s) at the time the vacation is to be taken.
3. Beginning December 1, employees may select time off on a first-come, first-serve basis from the remaining posted dates. If the selection is at least ten (10) calendar days prior to the first selected day off, the selection shall be granted. Requests for time off with less than ten (10) calendar days’ notice may be granted. For use of the personal holiday, selection from the remaining posted dates shall be granted if made at least five (5) days in advance. For the purpose of this subsection, an employee may use annual leave, vacation, CTO, holiday time, or personal holiday. Based on the operational needs of the State, additional dates may be added to, or vacant dates may be deleted from, the vacation calendar. For the purpose of this subsection, if two (2) or more employees simultaneously request the same time off and all requests cannot be granted, employees shall be granted the employee’s preferred time off by lot.
4. Employees who successfully bid a vacation during the period mentioned in subsection B, October 15 through November 15, and are subsequently involuntarily transferred from the program or shift on which the vacation was bid shall retain that vacation period. If the employee is involuntary transferred as a result of disciplinary action and there are no available posted dates which coincide with the employee’s vacation period and the posted dates cannot be increased, the employee may choose one of the following:
1. Bid another available vacation period; or
2. Bump previously approved Unit 17 employee(s) time off which was requested after December 1 and is conflicting with the transferring employee’s vacation period; or
3. Cancel the vacation.
4. Vacations scheduled under this subsection shall be considered to be bid vacations.
5. Time off under this section will be cancelled only in the event of emergency or unanticipated staffing shortage. In the event that cancellation becomes necessary, such cancellations shall be in accordance with and in the order of the following:
1. Volunteers.
2. Time off requested after December 1, with the last request being the first cancelled.
3. Bid vacations by inverse seniority.
6. Nothing in this section shall prevent the granting of time off in excess of the posting time off.
7. Vacation calendars shall remain posted for the entire vacation year.
8. A vacation period or time off which is cancelled by an employee shall become available to other employees on a first-come, first-serve basis subject to subsection C.
9. The parties agree to utilize the implementation of ASSIST to develop a process for a separate Registered Nurse vacation calendar.

1. All Unit 17 employees are encouraged to take a vacation each year. This section provides a statewide standardized vacation scheduling procedure designed as a method to allow Bargaining Unit 17 employees in the following classifications to bid on vacation leave based on seniority:
   
   

   ·	Registered Nurses
   ·	Any other Bargaining Unit 17 classification if there are two or more employees at a Home

   
   A separate vacation calendar for each classification shall be provided. Bidding for each classification shall be held separately.
   
   The Director of Nursing (DON), or designee, shall have the responsibility for implementation and maintenance of this procedure at each facility and shall ensure compliance.
1. General Provisions
1. Participation in the vacation bid process is voluntary. Those who elect not to participate in the vacation bid process may select a vacation through the ad hoc: first-come, first serve process.
2. With the exception of Sick Leave, an employee may utilize all available leave such as Vacation (VA), Annual Leave (AL), Informal Time Off (ITO), Holiday Credit (HC), Personal Leave Program (PLP), Personal Holiday (PH), Compensating Time Off (CTO), Professional Development Day (PDD), and Furlough (FH), and any other accrued time. An employee’s chosen vacation period may not exceed the employee’s accrued leave at time the vacation is taken. (Article 8.1 (A) and (B) of the MOU.)
3. The posted vacation time shall be sufficient to permit employees on each shift to have an opportunity to take a vacation.
4. Each classification shall have their own vacation calendar. There shall be no blackout dates on the vacation calendar.
5. The bid shall be done through a walk-up, call-in and/or electronic process.
2. Seniority
   
   Seniority is calculated as one (1) point for each qualifying month of full-time State Service, with ties broken by one (1) point for each qualifying month of full-time departmental service. If a further tie exists, then ties will be broken by “lottery” thereafter. (section 8.1 (L) of the MOU.)
3. Eligibility
1. Permanent, probationary, and limited-term state employees are eligible. Permanent Intermittent (PI) employees are not eligible.
2. New employees who choose to participate in the vacation bid process must have available leave hours at the time vacation is taken. (section 8.1 (A) and (B) of the MOU.)
4. Timeframe
1. End date for calculation of seniority scores is August 31.
2. Seniority scores posted by October 1.
3. Challenge period is October 1 through October 15.
4. By October 15, at the request of management or union, the Department agrees to schedule a meeting at each home to discuss the vacation bid process (seniority scores, vacation calendar, dates of bid, time allotted for the walk-up, call-in and/or electronic bid, and other business related to the vacation bid process).
1. Between November 1 and November 15, employees shall be allowed by order of seniority to participate in the walk-up, call-in and/or electronic bid process for the following calendar year. A vacation bid must be for consecutive days, not to exceed thirty-two (32) days of vacation in a year with a max of three (3) bids.
2. For employees that submit up to three (3) vacation bids, each vacation bid shall be for consecutive days. The three (3) vacation bids combined shall not exceed thirty two (32) days of leave during the vacation year, and any one (1) vacation bid shall not exceed twenty-four (24) vacation days scheduled off. Each vacation bid shall be separated by at least thirty-two (32) consecutive days. As each employee chooses the employee’s vacation bids, that vacation bid shall be placed on the appropriate vacation calendar.
3. Ad hoc rounds: on a first come, first serve basis beginning the Tuesday immediately following the first Monday in December. This is a separate process, each process with its own calendar per classification.
5. Absentee Bid
1. Employees away from the Home will be notified of the vacation bid by certified mail.
2. If an employee is unable to be present for their bid time, the employee has the option to:
1. Submit a paper bid (electronically) to the management designee
2. Appoint a proxy to bid for them
   
   * If bidding by proxy, the employee must submit a signed and dated copy of the request form to the proxy and the management designee by 5pm the day before the bid.
3. Call-in their bid at their appointment time.
2. AD HOC: first-come, first-serve process:
   
   Following the vacation bid process, and beginning at 8:00 AM on the Tuesday immediately following the first Monday in December, additional time off may be requested from the remaining posted dates of the vacation calendar on a first-come, first-serve basis. All requests must be submitted to the management designee via the electronic vacation submission processed used by the Home. The electronic submission will be used to determine the order bids are received, but if two or more employees request the same dates at the same time, the tie will be broken by State seniority, then departmental seniority, and then by lottery. Any ad hoc requests received prior to 8:00 AM on the Tuesday immediately following the first Monday in December are not valid and will not be considered.
3. CANCELLATION OF BID VACATION
1. Employees who decide to cancel their vacation shall provide a written notification to Management no less than fourteen (14) days prior to the start date of their scheduled vacation period.
2. If an employee does not have enough leave hours to cover their vacation, management shall notify the employee at least thirty (30) days prior to their scheduled vacation. The employee must choose what days they will keep and what days they will cancel based on their available leave hours, and inform management of their choice no less than fourteen (14) days prior to the start date of their scheduled vacation period. If no days are chosen by the employee within the specified time limit, management will decide which vacation days will be cancelled based on operational need.
3. Within five (5) calendar days of Management receiving written notification, canceled vacation days shall be posted for ad hoc: first-come, first-serve.
4. VOLUNTARY & INVOLUNTARY TRANSFERS
1. For employees that voluntarily transfer after the vacation bid process, management will make every effort to accommodate, or offer available dates.
2. For employees that are involuntarily transferred after the vacation bid process, management shall honor the employees’ pre-scheduled vacation.
5. MEET AND DISCUSS
   
   Either party may request a meet and discuss regarding any problem or concern with the standardized vacation bid procedure. This request will be honored by the non-requesting party in the form of a meeting within thirty (30) days of request.

1. The Chief Nurse Executive, or designee, shall have the responsibility for implementation and maintenance of the vacation scheduling at each facility and shall ensure compliance. Each classification shall have a separate calendar.
1. Participation in the vacation bid process is voluntary. Those who elect not to participate in the vacation bid process may select a vacation through the first-come, first- serve process.
2. With the exception of Sick Leave, an employee may utilize all available leave, such as Vacation (VA), Annual Leave (AL), Informal Time Off (ITO), Holiday Credit (HC), Personal Leave Program (PLP), Personal Holiday (PH), Compensating Time Off (CTO), Professional Development Day (PDD), and Furlough (FH).
3. The posted vacation time shall be sufficient to permit employees on each watch to have an opportunity to take a vacation.
4. Calendar year for the vacation bidding starts the second Monday of January and will be for fifty-two (52) weeks.
5. There shall be no blackout dates on the vacation calendar.
6. The bid shall be done through a walk-up process.
2. Seniority
   
   Seniority is calculated as one (1) point for each qualifying month of full-time State Service, with ties broken by one (1) point for each qualifying month of full-time departmental service. If a further tie exists, then ties will be broken by “lottery” thereafter.
3. Eligibility
1. Permanent, probationary, and limited-term state employees are eligible. Intermittent and CCHCS Headquarters positions are not eligible.
2. New state employees who choose to participate in the vacation bid process must have available hours at the time vacation is taken (section 8.1 (a) (b)).
4. Timeframe
1. End date for calculation of seniority scores is August 31st.
2. Seniority scores will be posted by October 1st.
3. Challenge period is October 1st through October 15th.
4. By October 15th, at the request of management or union, the department agrees to schedule a meeting at each institution to discuss the vacation bid process (seniority scores, vacation calendar, dates of bids, time allocated for walk-up bids and other business related to the vacation bid process).
1. Between November 1st and November 15th, employees shall be allowed by order of seniority to participate in the walk-up bid process. Bids must be in whole-week increments (Monday – Sunday). A second round of bidding shall be conducted, if existing slots remain.
2. First round of the vacation bid, an eligible employee may choose to take one (1) or two (2) weeks. Employees do not have to take weeks consecutively.
3. Second round of the vacation bid shall be for one week.
4. Additional rounds: Employees may take an additional week of the remaining available slots until the vacation calendar is filled.
5. By December 1st, the completed vacation bid calendar shall be posted in a prominent area where such notices are customarily posted and visible electronically (i.e. shared drive). If the date falls on the weekend, the completed vacation bid calendar shall be posted the following Monday.
6. Absentee Bid
1. Employees away from the institution will be notified of the vacation bid by certified mail or electronically.
2. If an employee is unable to be present for their bid, the employee has the option to:
1. Submit a paper bid (electronically) to the management designee.
2. Appoint a proxy to bid for them.
   *If bidding by proxy, the employee must submit a signed and dated copy of the request form to the proxy and the management designee by 5 p.m. the day before the bid.
3. Call in their bid at the appointment time.
7. First-Come, First-Serve Process
   
   Following the vacation bid process, and beginning the first Monday in December, additional time off may be requested from the remaining posted dates of the vacation calendar on a first-come, first-serve basis. All requests must be electronically submitted through email to the management designee. If two or more employees request the same dates at the same time, the tie will be broken by State seniority, then departmental seniority, and then by lottery.
8. Cancellation of Bid Vacation
1. If an employee does not have enough hours to cover their vacation, management shall notify the employee thirty (30) days prior to their scheduled vacation. The employee may choose what days they will keep and what days they will cancel based on hours available.
2. Employees who decide to cancel their vacation shall provide a written notification to Management no less than fourteen (14) days prior to the start of their scheduled vacation period.
3. Within five (5) calendar days of Management receiving written notification, cancelled vacation days shall be posted first-come, first-serve.
9. Voluntary & Involuntary Transfers
1. For employees that voluntarily transfer after the vacation bid process, management will make every effort to accommodate, or offer available dates.
2. For employees that are involuntarily transferred after the vacation bid process, management shall honor the employees’ pre-scheduled vacation.

1. All Unit 17 employees, with the exception of the classification of Nurse Practitioner, shall be entitled to thirty-two (32) hours of educational leave on State time during a Unit 17 employee’s two (2) year licensure period. Nurse Practitioners shall be entitled to a total of forty (40) hours of educational leave during a Unit 17 employee’s two (2) year licensure period.
2. Educational leave will be used at the employee’s discretion with release subject to operational needs and reasonable advance notice.
3. The intent of educational leave is to earn the necessary Board of Registered Nursing approved Continuing Education Units (CEU’s) required to maintain the employee’s license as a registered nurse. Written evidence of CEU completion may be required by management.
4. If a Unit 17 employee’s request for educational leave had been denied twice in a fiscal year due to unanticipated operational needs, the employee’s paid educational leave shall be granted the third time, if verification of requirement of the CEU’s for license renewal is provided.

1. Upon written request, the State may grant up to a one (1) year non-paid educational leave to a permanent full-time Unit 17 employee. Educational or research leave shall be for the purpose of attending school or college or to enter training to meet continuing education requirements for meeting licensure, obtain a certificate in a specialized area of nursing, improve the quality of the employee’s nursing skills, or to conduct or participate in a research project.
2. An education or research leave shall be terminated by the department head or designee: (1) at the expiration of the leave; or (2) prior to the expiration date with written notice at least fifteen (15) work days prior to the effective date of the revocation. An education or research leave may be terminated by the employee with the approval of the department head or designee.

1. PLP 2010, PLP 2012, and PLP 2020 shall be requested and used by the employee in the same manner as vacation/annual leave and personal necessity leave. Requests to use PLP 2010, PLP 2012, and PLP 2020 leave must be submitted in accordance with departmental policies on vacation/annual leave and personal necessity leave. PLP 2010, PLP 2012, and PLP 2020 shall not be included in the calculation of vacation/annual leave balances pursuant to section 8.1.
2. PLP 2010 and PLP 2012 must be used before any other leave with the exception of sick leave.
3. PLP 2010, 2012, and 2020 may be cashed out upon separation from state service.

Section 230.1 of the Labor Code specifies that employers with twenty-five (25) or more employees may not discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence, as defined in section 6211 of the Family Code, for taking time off to seek medical attention for injuries caused by domestic violence, obtain psychological counseling related to an experience of domestic violence, obtain services from a domestic violence shelter, program, or rape crisis center, or to participate in safety planning to increase safety from future domestic violence. The provisions of this law apply to the State as an employer and to State employees.

As a condition for taking time off, the employee shall give the employer reasonable advance notice of the employee's intention to take time off for any of the purposes summarized above, unless advance notice is not feasible. When an unscheduled absence occurs, the employer may require the employee to certify that the absence is a result of domestic violence in the form of a police report, a court order, or medical documentation. An employer would be required to maintain the confidentiality of any employee's request for time off pursuant to a provision of this law.

The law does not require an employer to compensate an employee for the time taken off under these circumstances, but the employee may use vacation, personal leave, or other compensating time off that is otherwise available to the employee.

An employee whose rights are violated under this section may be entitled to lost wages and reinstatement. An employer who willfully refuses to reinstate an employee under this section may be guilty of a misdemeanor. This law also allows an employee to file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations.

This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or in addition to the unpaid leave time permitted by, the Federal Family and Medical Leave Act.

1. Employees who donate an organ(s) to another person shall be eligible for up to thirty (30) workdays of paid leave (Donor Leave) in any one (1) year period. Employees who donate bone marrow to another person shall be eligible for up to five (5) work days of paid leave (Donor Leave) in any one (1) year period.
2. The one (1) year period is the twelve (12) month period measured forward from the date an employee’s first leave begins.
3. The one (1) year period for an organ donor is separate from the one (1) year period for bone marrow donation.
4. An employee must first exhaust all sick leave balance to qualify for Donor Leave.
5. Employees without a sick leave balance, including employees in the annual leave program, are immediately eligible for paid leave (Donor Leave).
6. Employees must provide written verification to the appointing power that a medical necessity exists for the donation.
7. Donor Leave taken for donations is not a break in continuous service, relative to salary adjustments, leave accrual, or seniority normally accrued on paid leave.
8. Employees wishing to become a donor may be required to undergo medical, psychological or other tests. Absences for such purposes must be requested in advance in the same manner as required to use sick or annual leave. The time an employee is approved to be absent for such purposes shall be deducted from the employee’s accrued leave balance.
9. If the donor employee is temporarily unable to return to work after exhausting Donor Leave, the employee may, subject to medical verification, use any paid or unpaid leave available to the employee until able to return to work. Such leave may include, but is not limited to sick, vacation, annual, personal, CTO, Family Medical, catastrophic, SDI, and medical leave.
10. If the donor employee is permanently unable to return to work following the donation, the employee will be separated and paid for any leave balances including but not limited to vacation, annual leave and/or CTO current balances. The payment for such balances shall be computed by projecting the accumulated time on a calendar basis as though the employee were taking time off. If during the period of projection, the employee is able to return to work, the employee will have a mandatory right to be reinstated to the employee’s former position.

1. Consolidated Benefits (CoBen) Program Description
1. CoBen Allowance
   
   Upon ratification by the Legislature, the State agrees to pay the following contribution for the Consolidated Benefits (CoBen) Allowance.
   
   The allowance is based on the Health Benefit party codes in a health plan administered or approved by CalPERS. To be eligible for this contribution, an employee must positively enroll in a health plan administered or approved by CalPERS.
   
   The employer health benefits contribution for each employee shall be an amount equal to eighty percent (80%) 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 (4) 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 eighty percent (80%) 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 (4) Basic health benefit plans that had the largest State active civil service enrollment, excluding family members, during the previous benefit year.
   
   When an employee is appointed to a new position or class that results in a change in eligibility for the composite rate, the effective date of the change shall be the first of the month following the date the notification is received by the State Controller’s Office if the notice is received by the tenth (10th) of the month.
2. Description of the Consolidated Benefit (CoBen) Program
   
   Employees will be permitted to choose a different level of benefit coverage according to the employee’s personal needs, and the State’s allowance amount will depend on an employee’s selection of coverage and number of enrolled dependents. The State agrees to provide the following CoBen benefits:
1. If the employee is enrolled in both a health plan administered or approved by CalPERS and a dental plan administered or approved by CalHR, the health benefit enrollment party code will determine the allowance amount.
2. If the employee declines a health benefit plan which is administered or approved by CalPERS and certifies that the employee has qualifying group health coverage from another source, the employee’s dental benefit enrollment party code will determine the amount of the contribution.
3. If the employee elects not to enroll in a health plan administered or approved by CalPERS and in a dental plan administered or approved by CalHR and certifies that the employee meets the eligibility criteria for state-sponsored health benefits and the CoBen Cash Option Program, including but not limited to having qualifying group health coverage from another source the employee may enroll in the CoBen Cash Option Program during the open enrollment period or as newly eligible to receive one hundred fifty-five dollars ($155) in taxable cash per month. Cash will not be paid in lieu of vision benefits and employees may not disenroll from vision coverage. Employees do not pay an administrative fee.
4. If the employee elects not to enroll in a health plan administered or approved by CalPERS and certifies that the employee meets the eligibility criteria for state-sponsored health benefits and the CoBen Cash Option Program, included but not limited to having qualifying group health coverage from another source, but enrolls in a dental plan administered or approved by CalHR, the employee may enroll in CoBen Cash Option Program during the open enrollment period or as newly eligible to receive one hundred thirty dollars ($130) per month. (The State will pay the premium cost of the dental plan and vision plan). Cash will not be paid in lieu of dental benefits only or vision benefits, and employees may not disenroll from vision coverage. Employees do not pay an administrative fee.
5. Bargaining Unit 17 Permanent Intermittent (PI) employees may enroll in the CoBen Cash Option Program as described in Section 18.1 of this Contract.
6. If the monthly cost of any of the State’s benefit plans (health, dental and vision) in which an employee elects to enroll exceeds the State’s maximum allowance amount as set forth in subsection A (1) above, the employee shall pay the difference on a pre-tax basis. If there is money left over after the cost of these benefits is deducted, the remaining amount will be paid to the employee as taxable cash.
7. Employees enrolled in Tricare, Medicare, Medi-Cal, Covered California, and other forms of individual health coverage, as defined by CalHR, are not eligible to participate or enroll in the CoBen Cash Option.
2. Health Benefits Eligibility
1. Employee Eligibility
   
   For purposes of this section, “eligible employee” shall be defined by the Public Employees’ Medical and Hospital Care Act.
2. PI Employees
1. Initial Eligibility – A PI employee will be eligible to enroll in health benefits if the employee has been credited with a minimum of four hundred eighty (480) paid hours in a PI control period. 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 PI employee must enroll in a health benefit plan within sixty (60) calendar days from the end of the qualifying control period.
2. Continuing Eligibility – To continue health benefits, a permanent intermittent employee must be credited with a minimum of four hundred eighty (480) paid hours in a control period or nine hundred sixty (960) paid hours in two (2) 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).
4. The parties agree to work cooperatively with CalPERS and the health plans to control premium increases.
3. Dental Benefits
1. Contribution
   
   The employer contribution for dental benefits shall be included in the CoBen Allowance as specified in subsection A (1) of this agreement.
2. Employee Eligibility
   
   Employee eligibility for dental benefits will be the same as that prescribed for health benefits under subsections B (1) and B (2) of this agreement.
3. Family Member Eligibility
   
   Family member eligibility for dental benefits is the same as that prescribed for health benefits under subsection B (3) of this agreement.
4. Vision Benefit
1. Basic Plan Program Description
   
   The employer agrees to provide a vision benefit to eligible employees and dependents. The employer contribution rates for the vision benefit shall be included in the CoBen Allowance as specified in section A (1). 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 ($25) for materials.
2. Employee Eligibility
   
   Employee eligibility for vision benefits is the same as that prescribed for health benefits under subsections B (1) and B (2) of this agreement.
3. Family Member Eligibility
   
   Family member eligibility for vision benefits is the same as that prescribed for health benefits under subsection B (3) of this agreement.
4. Enhanced Vision Plan Option
   
   Employees may elect to participate in the Premier Plan during an open enrollment period. Participation is at the employee’s cost.

1. The State agrees to pay state employees headquartered out-of-state and cannot enroll in a CalPERS sponsored Health Maintenance Organization (HMO), $1,200 per year, expiring after the November 2023 pay period.
   
   Effective with the December 2023 pay period, the state agrees to pay state employees who are headquartered out-of-state and enrolled in a CalPERS sponsored Preferred Provider Organization health plan because they cannot enroll in a CalPERS sponsored HMO plan, a monthly payment based on their health plan party code enrollment.
   

   Party Code 1           $200.00
   Party Code 2           $250.00
   Party Code 3           $300.00

   This payment shall not be considered as “compensation” for purposes of retirement.
   
   This section is grievable through Step 3.
2. Employees headquartered out-of-state and cannot enroll in a CalPERS sponsored HMO whose out-of-pocket medical expenses exceed the CalPERS sponsored HMO maximum out-of-pocket payment (MOOP), shall be reimbursed the actual expenses incurred above the CalPERS sponsored HMO MOOP up to the employee’s plan’s MOOP. This subsection expires December 31, 2023, and reimbursement may be claimed for all eligible expenses accrued in 2023.

1. The State recognizes that alcohol, nicotine, 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, nicotine, drug, and stress related problems such as marital, domestic partner, family, emotional, financial, medical, legal, gender transition or other personal problems. The intent of this section is to assist an employee’s voluntary efforts to treat alcoholism, nicotine use, or a drug-related or a stress-related problem.
2. Each department head or designee shall designate an EAP Coordinator who shall arrange for programs to implement this section. Employees who are referred to an EAP Coordinator will be referred by the appropriate management personnel. An employee using the EAP, upon approval, may use accrued sick leave credits, compensating time off (CTO), vacation, and holiday credits for such a purpose. Leaves of absence without pay may be granted by the department head or designee upon the recommendation of the EAP Coordinator if all sick leave, holiday credits, vacation, and CTO have been exhausted, and the employee is not eligible to use Industrial Disability Leave or State Disability Insurance. A list of all EAP Coordinators and a telephone number to contact the appropriate coordinator shall be furnished to the Union within a timely manner after the execution of this Contract. Changes to such lists and phone numbers shall be promptly furnished to the Union when such changes occur.
3. The records concerning an employee’s referral and/or treatment shall be kept confidential. No manager, supervisor, department director, or coordinator shall disclose the nature of the employee’s treatment or the reason for employee’s leave of absence. Records of such referrals shall not be kept in the employee’s personnel file.
4. Upon request by the Union, a department which has an internal EAP for its employees will meet to discuss concerns presented by the Union regarding the administration of the program.
5. Employees laid off shall be provided services in accordance with the EAP. Such services are term limited for six (6) months from the actual date of layoff.

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 the employee’s out-of-pocket premium costs taken out of the employee’s paycheck before Federal, State, and social security taxes are deducted. Employees who choose not to have the employee’s out-of-pocket costs pre-taxed must make an election not to participate in this benefit.

Government Code section 19849.15 – notwithstanding any other provision of law, the State employer shall, upon the death of an employee while in State service, continue to pay employer contributions for health, dental and vision benefits for a period not to exceed one hundred-twenty (120) days beginning in the month of the employee’s death. The surviving spouse, domestic partner or other eligible family member, if any, shall be advised of all rights and obligations during this period regarding the continuation of health and dental benefits as an annuitant by the California Public Employees’ Retirement System. The surviving spouse, domestic partner or other eligible family member shall also be notified by the department during this period regarding Consolidation Omnibus Budget Reconciliation Act (COBRA) rights for the continuation of vision benefits. This section shall apply to represented State employees in bargaining units that have agreed to this provision.

When required by Cal/OSHA provisions, the State shall provide medical examinations for employees working in occupations which expose them to health risks. Examinations shall be in accordance with Cal/OSHA regulations.

1. In the event a disabling injury occurs to an employee while on the job, the State agrees to furnish prompt and appropriate transportation to the nearest physician or hospital. Employees may pre-designate a personal physician who would be utilized, if circumstances permit, in the event of a job related injury. The employee must obtain the physician’s written consent for this designation; the designation must comply with the other requirements included in Labor Code section 4600; and, the form must be given to the State in advance of any work-related injury. Otherwise, the State will refer the injured employee for treatment to a physician of its choice.
2. An employee who is directed by the employee’s supervisor to accompany or transport an injured employee to a physician or medical facility shall suffer no loss of compensation for the time spent.
3. If the treating physician advises the injured employee to go home or the employee is admitted and remains in a hospital or clinic for treatment, the employee shall be paid for the employee’s full shift.
4. The State shall not use the DIR’s Disability Evaluation Unit Advisory Rating form as the vehicle to justify removing a worker from the employee’s normal work assignments.

1. An employee working in the CDCR who loses the ability to work for more than twenty-two (22) workdays as the result of an injury incurred in the official performance of the employee’s duties may be eligible for financial augmentation to the existing Industrial Disability Leave (IDL) benefits. Such injury must have been directly and specifically caused by an assault by a patient/client or inmate/ward, or parolee.
2. An employee working in the DDS, DSH, CalVet, or in the Special Schools in the CDE who loses the ability to work for more than twenty-two (22) workdays as the result of an injury incurred in the official performance of the employee’s duties may be eligible for a financial augmentation to the existing IDL benefits. Such injury must have been directly and specifically caused by an assault or in the restraining of an assaultive resident, patient (individual), student, client, or member.
3. The EIDL benefits will be equivalent to the injured employee’s net take home salary. EIDL eligibility and benefits may continue for no longer than one year after the date of occurrence of injury. For the purposes of this section, “net salary” is defined as the amount of salary received after Federal income tax, State income tax, and the employee’s retirement contribution have been deducted from the employee’s gross salary. The EIDL benefit will continue to be subject to miscellaneous payroll deductions.
4. EIDL will apply only to serious physical injuries and any complications directly related medically and attributable to an injury as delineated in A and B above, as determined by the department director or designee. This benefit shall not be applied to either presumptive, stress-related disabilities, or physical disability having mental origin.
5. The decision as to whether an employee is eligible for, or continues to be eligible for EIDL, shall rest with the department director or designee. The department may periodically review the employee’s condition by any means necessary to determine an employee’s continued eligibility for EIDL.
6. Other existing rules regarding the administration of IDL will be followed in the administration of EIDL.
7. This section relating to EIDL will not be subject to the arbitration procedure of this Contract.
8. In circumstances that deviate from paragraphs A, B, and D the department director may consider and grant EIDL on a case-by-case basis when the department director determines the injury was in fact job-related.
9. If a claim is denied by the department director, the Union may request a review by CalHR.
10. Within thirty (30) days of the ratification of this agreement, the parties will meet to discuss whether Bargaining Unit 3 employees working for the Department of Rehabilitation meet the criteria to be eligible for EIDL.

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 subject to all applicable state and federal laws and any related administrative provisions adopted by CalHR. The administrative fee paid by participants will be determined each year by CalHR.
2. To be eligible to enroll in the FlexElect Medical Reimbursement Account or Dependent Care Reimbursement Account, employees must have a permanent appointment with a time base of half-time or more, or if in a limited term or a temporary authorized position, must have mandatory return rights to a permanent position (not permanent intermittent). Permanent Intermittent employees are not eligible for the FlexElect Medical Reimbursement Account or the Dependent Care Reimbursement Account.
3. The State shall continue its current practice on a cash option in the FlexElect Program for Bargaining Unit (BU) 1, 3, 4, 11, 14, 15, 20, and 21 employees who meet the eligibility criteria for state-sponsored health benefits and the FlexElect Cash Option Program, including but not limited to having qualifying group health coverage from another source, to enroll for the cash option in lieu of health and/or dental coverage. The CoBen Cash Option Program is available to eligible BU 17 employees as discussed in section 9.1.17.
4. PI employees are eligible to participate in the FlexElect or CoBen Cash Option Program as described in Article 18 of this Contract.
5. Employees enrolled in Tricare, Medicare, Medi-Cal, Covered California, and other forms of individual health coverage, as defined by CalHR, are not eligible to participate or enroll in the FlexElect Cash Option.

1. Employees are eligible to enroll in any long-term care insurance plan sponsored by the CalPERS. The employee’s spouse, parents, spouse’s parents, are also eligible to enroll in the plan, subject to the underwriting criteria specified in the plan.
2. The long-term care insurance premiums and the administrative cost to CalPERS and the SCO shall be fully paid by the employee and are subject to payroll deductions.

1. When an employee claims to be temporarily disabled and prevented from performing the employee’s usual and customary duties, and requests modified duties, the State may require medical substantiation of the condition.
2. Consistent with the State’s Reasonable Accommodation Policy, the State shall attempt to provide alternative duties within the individual’s medical restrictions and classification, dependent on availability of work and funding.
3. Any disputes arising out of this section may only be appealed through the SPB’s Reasonable Accommodation Appeals Process. This section is not subject to the grievance and arbitration procedure of this Contract.

1. Employees who suffer an industrial injury or illness and would otherwise be eligible for Temporary Disability (TD) benefits under the Labor Code will be entitled to IDL as described in Article 4 of the Government Code, beginning with section 19869. IDL will be paid in lieu of TD benefits.
2. Eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays after the date of the reported injury.
3. In the event that the disability exceeds twenty-two (22) workdays, the employee will receive 66 and 2/3 percent of gross pay from the twenty-third (23rd) workday of disability until the end of the fifty-second (52nd) week of disability. No IDL payments shall be allowed after two (2) years from the first day (i.e., date) of disability.
4. The employee may elect to supplement payment from the twenty-third (23rd) workday 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 (1) 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.
5. 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 CalPERS or CalSTRS during the first fifty-two (52) weeks, after the first date of disability, within a two (2) year period.
6. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive TD benefits as provided for in the Labor Code and supplementation, as provided in Government Code section 19863.
7. 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.

The State of California agrees to contract for an employee-paid group legal services plan. The plan will emphasize a choice of providers and access to legal services. The plan shall be offered on a voluntary, after-tax payroll deduction basis, and any costs associated with administering the plan shall be paid by the participating employees through a service charge.

1. All employees covered by this Contract will be covered under the State Disability Insurance (SDI) benefit in lieu of a Non-Industrial Disability Insurance (NDI) and Enhanced Non-Industrial Disability Insurance (ENDI) benefit as follows:
1. Employees eligible for SDI benefits are those who are defined by section 2601, et seq. of the California Unemployment Insurance Code. SDI provides benefits for an employee disabled due to a non-work related illness or injury. SDI benefits include Paid Family Leave (PFL) which provides benefits to an employee who takes time off to care for a seriously ill family member as defined by section 3301 et seq. of the California Unemployment Insurance Code, or to bond with a minor child within one (1) year after the child’s birth or placement of the child in connection with foster care or adoption. Eligible employees covered under the SDI program shall receive benefits pursuant to California Unemployment Insurance Code section 2655.
2. The State will pay the full premiums for an employee and any applicable dependent coverage for health, dental and vision benefits for the length of the employee’s disability up to a maximum of twenty-six (26) weeks and for PFL up to a maximum of six (6) weeks. Effective July 1, 2020, PFL will extend from six (6) weeks to a maximum of eight (8) weeks. The State shall recover the employee’s portion of the premium paid through an accounts receivable consistent with Government Code section 19838(a)(2). Any reimbursements for overpayment shall be in monthly installments and the number of repayments shall be equal to the number of monthly overpayments. By mutual agreement, the overpayment may be satisfied by the use of leave credits, excluding sick leave. If an employee’s SDI leave extends past twenty-six (26) weeks, the employee shall remit the full health, dental and vision premiums directly to the healthcare providers.
3. Employees participating in the Out-of-State Supplemental Health Care Program (Article 9.4) shall continue eligibility as long as the employee is not remitting the employee’s health, dental and vision premiums directly to the healthcare providers.
4. If an employee is released by the employee’s physician to return to work on a part-time basis, an employee may use accrued vacation, annual leave, CTO, holiday credit, personal leave (PLP), personal necessity leave (PNL-BU 3) or sick leave balances to supplement the employee’s SDI benefits.
5. SDI does not cover the first seven (7) days of any disability; therefore, sick leave, vacation, CTO, holiday, PLP, PNL (BU 3), or annual leave may be used to cover this period in its entirety.
6. Beginning on January 1, 2018, an employee taking PFL as described in section A (1) to care for a family member will be eligible for benefits without the seven (7) day waiting period if the employee meets the requirements of section 3303 of the California Unemployment Insurance Code.
7. An employee may elect to supplement the employee’s SDI benefit with leave integration up to forty (40) hours per month of the employee’s accrued vacation, annual leave, CTO, holiday credit, personal leave (PLP), PNL (BU 3), or sick leave balances. If an employee elects to use annual leave or sick leave to supplement, it may affect the SDI benefits. An employee’s combined SDI benefit and use of leave credits cannot exceed the employee’s regular monthly gross (less mandatory reductions) pay. Within one week of being disabled from work, the employee or the employee’s representative must contact the employee’s departmental personnel office to provide information on the following:
1. The date the disability/illness commenced;
2. The estimated duration of the disability;
3. A phone number where the employee can be reached;
4. The election of leave credits usage during the first week of disability;
5. The number of hours in a month to be charged to leave credits;
6. Whether or not the employee is planning to file for SDI;
7. The election to supplement leave credits with SDI benefits;
8. Once the SDI benefit amount has been determined, the employee must provide a copy of the SDI award letter and the SDI check stubs to the employee’s personnel office in order to ensure proper supplementation of benefits and payment.
2. All appeals of a denial of an employee’s SDI benefits shall only follow the procedures in the California Unemployment Insurance Code and Title 22 of the California Code of Regulations. All disputes relating to an employee’s denial of benefits are not grievable or arbitrable. This limitation does not change either party’s contractual rights which are not related to the denial of an individual employee’s benefits.
3. Current State employees who transfer into this bargaining unit who are eligible for ENDI and NDI benefits prior to transfer shall be entitled to retain the employee’s ENDI and NDI eligibility for six (6) months.
4. When the State Controller’s Office resumes its effort to modernize the State’s current payroll system, the State agrees to meet with the Union to discuss the feasibility of integration of SDI benefits.

1. Where the need is substantiated by a physician, the State will attempt to provide light/limited duty assignments for up to sixty (60) days: 1) in accordance with a physician’s recommended instructions; 2) where and when services are needed; 3) to the extent it does not inconvenience other employees; 4) to the extent the employee can satisfactorily perform the work; and 5) where there is a prognosis for improvement. At the option of the State, the assignment may be extended beyond sixty (60) days. It is the intent of the parties that the limited duty assignments be of the minimum necessary durations and that the maximum limited duty assignment of sixty (60) days, and any extensions, be utilized for the most severe illnesses or injuries.
2. The State may make alternative assignments, retrain employees, or as provided under the Government Code, medically terminate an employee whose prognosis for continued employment is poor.
3. The State reserves the right to have an employee examined by a physician of its choosing prior to granting, continuing or extending a light/limited duty assignment.
4. Nothing in this section shall be construed to contravene the State Personnel Board’s (SPB) constitutional and/or statutory authority to determine the appropriate classification of assigned duties, to require reasonable accommodation of an employee or applicant with a disability, or to determine the ability of an applicant or employee to perform the essential functions of a classification or job. Complaints under this section alleging out-of-class work, denial of reasonable accommodation, discrimination based on disability, or inappropriate medical demotion, transfer or termination shall not be grievable under the grievance procedure contained in Article 6 (Grievance and Arbitration Procedures) of this Contract.

1. No State employee shall be unlawfully denied reasonable accommodation. The State agrees to take such actions as necessary to ensure that this purpose is achieved.
2. Within California Department of Human Resources (CalHR) policy, the State agrees to make reasonable accommodation for the known physical and/or mental limitations of an employee with a disability. Such efforts shall include the types of reasonable accommodation specified by the CalHR.
3. Alleged violations of this section shall not be grievable under the grievance procedure contained in Article 6 (Grievance and Arbitration Procedure) of this Agreement. Complaints alleging denial of reasonable accommodation shall be pursued with the State Personnel Board through the complaint procedure specified by the Board and/or with the Department of Fair Employment and Housing or the Equal Employment Opportunity Commission.

As a part of the Joint Union Labor Management Benefits Advisory Committee, CalHR will arrange, with the assistance of CalPERS, for representatives of the major California health care providers to give educational forums. In these educational forums, health care providers will be asked to discuss cost containment methods, plan design, operational changes, and methods to improve member(s) overall health.

1. The State agrees to provide the employer health benefits contributions pursuant to Sections 9.1 and 9.1.3 of this contract. Effective the first day of the pay period following ratification by both parties but no earlier than December 1, 2023, the State agrees to provide an additional amount up to $165 (one hundred and sixty five dollars) toward the monthly employer health benefits contribution for each employee who is enrolled in a CalPERS-sponsored health plan.
2. The State agrees to provide the Consolidated Benefits (CoBen) Allowance pursuant to Section 9.1.17 of this contract. Effective the first day of the pay period following ratification by both parties but no earlier than December 1, 2023, the State agrees to provide an additional amount up to $165 (one hundred and sixty five dollars) toward the monthly CoBen allowance for each employee who is enrolled in a CalPERS-sponsored health plan.
3. This section is grievable through Step 3.

1. Beginning July 1, 2018, the State and Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 will prefund retiree health care, with the goal of reaching a fifty percent (50%) cost sharing of actuarially determined total normal costs for both employer and employees by July 1, 2020. The amount of employee and matching employer contributions required to prefund retiree health care shall increase by the following percentages of pensionable compensation:
1. July 1, 2018: by 1.2 percent.
2. July 1, 2019: by 1.1 percent, for a total of 2.3 percent.
3. July 1, 2020: by 1.2 percent, for a total of 3.5 percent.
2. Effective the first day of the pay period following ratification by both parties, the contribution percentages described in section 9.24 (A) shall be decreased by half a percent (0.5%), for a total of 3.0 percent.
3. Effective July 1, 2024, and each July thereafter, the contribution percentages described in section 9.24 (B) shall be adjusted based on actuarially determined total normal costs. Adjustment to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than half a percent (0.5%) from the total normal cost contributions in effect at the time. If it is determined that an adjustment to the contribution rate is necessary, commencing no sooner than July 1, 2024, the employer and employee contribution percentages will be increased or decreased to maintain a 50 percent cost sharing of actuarially determined total normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed half a percent (0.5%) per year.
4. Employees Subject to Other Post Employment Benefit (OPEB) Prefunding
   
   All bargaining unit members who are eligible for health benefits must contribute, including permanent intermittent employees. Bargaining unit members whose appointment tenure and/or time base make them ineligible for health benefits, such as: seasonal, temporary, and employees whose time base is less than half time, do not contribute. Bargaining unit members not subject to OPEB prefunding shall begin contributing upon attaining eligibility for health benefits. New hires and employees transferring into Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 shall begin contributing immediately, unless they are not subject, as set forth above.
5. Withholding of Contributions
   
   Contributions shall be withheld from employee salary on a pre-tax basis, except for employees receiving disability benefits that require contributions to be withheld post-tax as determined by the State Controller's Office.
6. Contributions will be deposited in a designated state subaccount for SEIU Local 1000 of the Annuitant's Health Care Coverage Fund for the purpose of providing retiree health and dental benefits to state annuitants and dependents associated with SEIU Local 1000 Bargaining Units. As defined in Government Code Section 22940, a designated state subaccount is a “separate account maintained within the fund to identify prefunding contributions and assets attributable to a specified state collective bargaining unit or other state entity for the purpose of providing benefits to state annuitants and dependents associated with a specified collective bargaining unit or other state entity."
7. Contributions paid pursuant to this Agreement shall not be recoverable under any circumstances to an employee or the employee’s beneficiary or survivor.
8. The costs of administering payroll deductions and asset management shall be deducted from the contributions and/or account balance.
9. The parties agree to support any legislation necessary to facilitate and implement prefunding of retiree health care obligations.

The State is committed to providing a safe and healthy workplace for State employees. The Union supports a positive and strong health and safety program and shall cooperate with the State’s efforts in this regard.

1. The parties agree that Joint Union/Management Health and Safety Committees are appropriate. At the Union’s request, each department shall establish at least one Joint Union/Management Health and Safety Committee.
2. At the Union’s request, the State may establish local work site Joint Union/Management Health and Safety Committees consisting of an equal number of Union and management representatives to address specific areas of concern. These committees shall meet, at least, quarterly unless there is a mutual agreement between a department and the Union to meet on a different schedule. These committees shall meet for the purpose of discussing health and safety problems, recommending appropriate actions on health and safety issues such as, but not limited to, indoor air quality, safety promotion, cumulative trauma disorders, employees safety training, preventing neck and back injuries, record keeping, and how to encourage employees to be more conscious of safety. The twenty-four (24) hour institutions agree to continue local worksite health and safety committees.
3. Employees appointed to serve on the committee shall serve without loss of compensation.
4. To the extent permitted by law, and upon request, copies of employee occupation injury reports will be furnished to the appropriate Joint Union/Management Health and Safety Committee and shall remain confidential.
5. The parties agree that training on domestic violence, workplace security, rape prevention, and assaultive behavior are appropriate subjects for high priority consideration by the Joint Union/Management Health and Safety Committee.

When an employee in good faith believes that the employee is being required to work where an immediate and recognizable threat to the employee’s health and safety exists, the employee will so notify the employee’s supervisor. The supervisor will immediately investigate the situation and either direct the employee to perform some other task away from the occupational hazard(s) or proclaim the area safe and direct the employee to proceed with the employee’s assigned duties. This direction shall normally be after consulting with higher level supervisory or management staff. If the Union or the employee still believes the unsafe condition(s) exist, the Union or the employee may file a grievance alleging a violation of this section in accordance with the Health and Safety grievance procedure.

1. Each department shall establish, implement, and maintain an IIPP. The program shall be in writing and distributed and/or made available to all employees.
2. If any dispute arises with regard to this section, an employee may file a grievance. The decision reached at the CalHR level shall be final.

1. Unit 17 employees in twenty-four (24) hour facilities shall be provided orientation which includes safety policies, procedures, cardiopulmonary resuscitation (CPR), and the use of safety devices, within forty-five (45) days of hire.
2. Safety orientation in other facilities shall be provided within forty-five (45) days; however, CPR training will be made available within twelve (12) months of hire.
3. The State recognizes the importance of Safety Orientation for new employees. Issues related to delays of providing the appropriate orientation for new employees, shall be brought forward by SEIU pursuant to Article 5.10 (Labor Management Committees) and resolved in a problem solving context.

1. Each department shall establish, implement, and maintain an emergency evacuation procedure. The program shall be in writing and distributed and/or made available to all employees. The program shall be reviewed every two years to identify current trends and best practices.
2. Each department shall conduct annual training, and provide training upon implementation of the plan, for any changes to the plan, or for changes to the scope of the employees’ responsibilities.
3. Any concerns arising from this section may be addressed by either party by raising the issues to the health and safety committees established under Article 10.2, Health and Safety Committees.
4. If any dispute arises with regard to this section, an employee may file a grievance. The decision reached at the CalHR level shall be final.

1. When the State determines and requires protective clothing to be worn or equipment to be used, the State shall provide the protective clothing and equipment. Protective clothing provided pursuant to this section is State owned or leased property which will be maintained as the State deems necessary.
2. When protective clothing or equipment is provided, the employee shall wear or use the protective clothing and equipment in accordance with instructions provided by the State. Employees using State provided protective clothing or equipment shall be held responsible for the loss of and/or damage to the protective clothing and equipment other than that incurred as a result of normal wear or through no fault of the employees. If the protective clothing or equipment is determined by the State to be defective or of inadequate quality to afford proper protection or damaged to such a degree as to impair proper protection, the State shall provide replacement or repaired protective clothing and equipment at no cost to the employees.

Medical monitoring programs may be discussed by the appropriate departmental Joint Labor Management Health and Safety Committee(s) and may take into account the status of current technology and scientific recommendations for such programs. The Health and Safety Committees may make recommendations regarding medical monitoring programs to the department head or designee.

1. Upon request of the Union or an employee, the State shall provide a completed Material Safety Data Sheet (MSDS) and/or Safety Data Sheet (SDS) for each hazardous substance in use by Unit 17 employees at the place of employment, which has been supplied to the employer by the manufacturer, producer, or seller.
2. If not provided by the manufacturer, producer, or seller, the State shall prepare a written request asking that the MSDS and/or SDS be sent.
3. An employee will receive training from the employee’s supervisor or from other departmental resources in the use of a hazardous substance where: (1) the manufacturer is required under Labor Code section 6390 to provide a MSDS and/or SDS; (2) the employee is required to use the substance; and (3) the employee has not previously been trained in its use. This provision shall be grievable only through the Director’s level in the grievance procedure contained in Article 6 (Grievance and Arbitration Procedure) of this Contract.

1. Single occupancy restrooms that shall be designated as gender neutral.
2. Restroom facilities for staff that are separate from those provided to inmates, wards, residents, patients, members, and students.

1. The Departments of Developmental Services and Department of State Hospitals agree that all alarm system equipment shall be maintained and periodically tested to ensure employees’ safety.
2. The personal alarm shall be tested daily to ensure operational order.
3. DDS and DSH agree to meet with the Union, upon request, to discuss problems with the alarm system and necessary plans to correct these problems.

The State shall refer all cases involving a ward, inmate, or patient assault and/or battery, as defined by existing laws, on an employee to the appropriate prosecuting authority.

1. Department of State Hospitals (DSH), Department of Developmental Services (DDS), and Department of Corrections and Rehabilitation/California Correctional Health Care Services (CDCR/CCHCS):
1. At DDS Prevention and Management of Assaultive Behavior (PMAB) or at DSH and CDCR/CCHCS, Therapeutic Strategies and Interventions (TSI) training, or department equivalent training, shall be mandatory.
2. The State shall provide all employees with an annual opportunity to attend PMAB/TSI training. All employees will be required to attend PMAB/TSI/department equivalent training at a minimum every two (2) years. PMAB/TSI training shall be mandatory within six (6) months of assuming employment.
3. Employees shall be compensated for attending PMAB/TSI/department equivalent training.
4. Representatives of SEIU Local 1000 (Unit 17) may meet with DDS for the purpose of discussing the need to form a statewide PMAB Committee.
5. Upon request of the Union, the DSH agrees to schedule a meeting at the headquarters level to consider the Union’s suggestions relating to the TSI program in DSH.
6. The Union shall be entitled to representation on the DSH Statewide TSI Committee.
2. PMAB/TSI/department equivalent training for Unit 17 employees in departments or facilities other than those listed in paragraph A above, may be offered on a space available basis and subject to arrangements being made to relieve the employees of the employee’s regular duties.

The State and the Union developed a model Workplace Violence and Bullying Prevention Program. The parties agree that the model Workplace Violence and Bullying Prevention Program will be updated within ninety (90) days of ratification to include the definition of “abusive conduct”, consistent with Government Code Section 12950.1, and that “abusive conduct” is also known as “bullying”. Each department shall maintain a Workplace Violence and Bullying Prevention Program that meets the existing mutually agreed upon model program until an updated model program is made available to departments. The department program shall be in writing and distributed and/or made available to all employees.

1. In order to provide a safe and healthy workplace for its employees, the State agrees to order computer equipment wherever possible in accordance with the recommendations made by the Joint Union Management Video Display Terminal Committee Report.
2. The State shall provide instruction in the proper operation and adjustment of computers and workstation equipment. Both parties will encourage employees to properly use computer equipment. The State shall maintain the “Easy Ergonomics for Desktop Computer Users” booklet which will be available to all departments for training purposes.
3. Upon the request of the employee, the State shall provide an ergonomic evaluation of the employee’s primary workstation by a trained evaluator.
4. The State shall take action as it deems necessary to make the following equipment available to all employees that use computers:
1. Glare screens;
2. Document holders;
3. Adjustable chairs;
4. Ergonomic keyboards;
5. Foot and wrist rests;
6. Telephone headsets;
7. Ergonomic computer table and supports;
8. Wheeled carriers;
9. Alternative pointing devices (rollerball, trackball, touch-pad, etc.) as necessary.

Additionally, the State shall take action as it deems necessary to mitigate glare from the workplace, such as, rearrangements of the work stations to avoid glare on monitors and on terminal screens from windows and ceiling luminaries, or providing other measures to reduce the glare from light sources.

In the event that the State modifies existing or creates new policies regarding computer work stations, written notice and an opportunity to meet and confer over the impact of such changes will be provided to the Union in accordance with the provisions of Section 24.1 of this Agreement.

1. Whenever the State believes that an employee, due to an illness or injury, is unable to perform the employee’s normal work duties, the State may require the employee to submit to an independent medical examination at State expense. The medical examination will be separate of any medical services provided under the State’s Workers’ Compensation Program.
2. If the State, after the independent medical examination, determines that the employee cannot perform the essential functions of the job position, the State shall give the employee the opportunity to challenge the State’s medical evaluation by supplying the employee’s personal medical evaluations to dispute the State’s findings.

1. The State shall provide in-service training in infectious disease control and isolation procedures on an annual basis utilizing the best guidelines available. Examples of guidelines the State may use are the Joint Advisory Notice issued by the Center for Disease Control. For licensed hospitals, such training shall be consistent with California Administrative Code Title 22. For other clinical settings, such training shall reflect the needs of the work environment.
2. The State agrees that, upon request of SEIU Local 1000, a special meeting of the Professional Practice Group, provided for under Article 13.18.17, or the Health and Safety Committees provided for under section 10.2 (Health and Safety Committees) will be held at each facility to review the safety procedures, equipment, and materials relating to treating patients and clients with bloodborne diseases such as hepatitis or acquired immune deficiency syndrome.
3. When an outbreak of infectious, contagious or communicable diseases/conditions is known at the worksite, the State shall notify potentially exposed employees.

1. The CDCR, DSH, CalVet, and DDS shall utilize the best guidelines identified for the housing, control and treatment of inmates, wards, clients, and patients to ensure the protection of staff from exposure to bloodborne pathogens. Examples of guidelines the departments may use are the Joint Advisory Notices issued by the Department of Labor, Department of Health and Human Services, and guidelines issued by the Centers for Disease Control. Upon request, the Union and/or an employee will be provided a copy of the aforementioned publications and/or guidelines utilized by the departments above.
2. CDCR, DSH, CalVet, and DDS shall provide the necessary training to staff who are responsible for the care and treatment of inmates, wards, clients, and patients with bloodborne pathogens. Training will be tailored to the express or identified needs of the staff assigned and will be conducted as determined and identified by management. Upon request, the Union will be provided with the State’s approved training plan relative to bloodborne pathogens.
3. Signs or posters indicating the proper precautions that staff should follow relative to good sanitary practices will be posted in staff restrooms and other locations as determined by management.
4. The aforementioned departments will use standard audit procedures regarding compliance issues related to inspections.
5. Employees who are exposed to bloodborne pathogens as a result of the employee’s employment will be advised of the employee’s ability to receive appropriate treatment and care as determined by the employee’s treating physician via the workers’ compensation system.
6. The departments will utilize the most up to date guidelines provided for the processing of laundry.
7. Protective apparel shall be available to all staff. All employees, upon request, shall be provided with disposable gloves and hand cleaning materials in an AIDS unit. A supply of these items should be maintained in such a manner so as to be accessible to other designated staff.
8. The Union will bring concerns regarding health and safety issues to the local Health and Safety Committee for resolution.
9. CDCR, DSH, CalVet, and DDS shall offer Hepatitis B vaccinations to all employees who have potential for occupational exposure as defined in Title 8 section 5193 of the California Code of Regulations.
10. If a bloodborne pathogens unit is established in any other department, the State agrees to abide by this section.

1. Whenever a State owned or managed building is remodeled or renovated, the agency/tenant whose space is being remodeled/renovated will provide at least thirty (30) days prior notice to employees impacted by the construction. A copy of this notice shall be provided to the Union.
2. Except in emergency situations, the State shall give not less than forty-eight (48) hours prior notice whenever repair work in State owned or managed buildings is done which may result in employee health concerns for the work environment.
3. Prior to undertaking any remodeling, renovation, or repair, that requires removal of any material, the materials will be tested for lead and asbestos. If such materials are present, the materials will be removed in accordance with State regulations to assure the safety of employees/tenants.
4. For leased buildings not managed by the State, the State will include the following language in all new leases entered into after thirty (30) days following the ratification of this Contract:
   
   "Except in emergency situations, the Lessor shall give not less than forty-eight (48) hours’ prior notice to State tenants, when any pest control, remodeling, renovation, or repair work affecting the State occupied space may result in employee health concerns for the work environment.”
5. The State will take actions to accommodate employees who suffer from chemical hypersensitivity as it pertains to this section.

1. Whenever a department utilizes a pest control chemical in State owned or managed buildings/grounds, the department will provide at least forty-eight (48) hours’ notice prior to application of the chemical, unless an infestation occurs which requires immediate action. Notices will be posted in the lobby of the building and will be disseminated to building tenant contacts.
2. Employees who wish to review the MSDS sheet(s) for the chemical(s) being applied may do so by making the employee’s request to the appropriate building manager’s office. Application of the chemical(s) will be done in a manner consistent with State regulations to assure the safety of tenants.
3. Normally, the chemical application will take place during hours when the building is closed for business.
4. For leased buildings not managed by the State, the State will include the following language in all new leases entered into after thirty (30) days following the ratification of this Contract:
   
   "Except in emergency situations, the Lessor shall give not less than forty-eight (48) hours prior notice to State tenants, when any pest control, remodeling, renovation, or repair work affecting the State occupied space may result in employee health concerns for the work environment.”
5. The State will take actions to accommodate employees who suffer from chemical hypersensitivity as it pertains to this section.

1. The State will continue to provide smoking cessation programs consistent with prior departmental practices.
2. Participation or non-participation in such programs shall not jeopardize the employment rights of participants and non-participants for failure to successfully complete smoking cessation programs.
3. Where not already implemented, the State agrees to consider smoking cessation programs upon request of groups of employees within the same department and geographic proximity.

1. It is the policy of the State employer to enforce safety and health, policies, procedures, and work practices and protect employees from harm in connection with State operations.
2. To this end, the parties agree that it is in the parties’ mutual best interest to endeavor to make the work site free from situations, circumstances, or conditions that constitute an immediate and recognizable threat to the health and safety of employees.
3. It is the intent of this Health and Safety Grievance Procedure to ensure a prompt response to employees who feel that a situation exists which constitutes an immediate and recognizable threat to the employee’s health and safety.
4. When an employee in good faith believes that the employee is being required to work where an immediate and recognizable threat to the employee’s health and safety exists, the employee will so notify the employee’s supervisor. The supervisor will immediately assess the situation, direct any necessary corrective action to eliminate any immediate and recognizable threat to the employee’s health and safety, and either direct the employee to temporarily perform some other task or direct the employee to proceed with the employee’s assigned duties. If the Union or the employee still believe the immediate and recognizable threat to the employee’s health and safety exists, the Union or the employee may file a grievance alleging a violation of this section at Step 2 of the grievance procedure as follows:
1. Health and Safety Grievance – Step 2
1. If the grievant is not satisfied with the decision rendered by the grievant’s supervisor, the grievant may appeal the decision in writing, within five (5) calendar days after receipt of the decision to the department head or designee as the second level of appeal.
2. The person designated by the department head as the second level of appeal shall respond to the grievance in writing within fourteen (14) calendar days. A copy of the written response shall be sent concurrently to the SEIU Local 1000 Headquarters.
2. Health and Safety Grievance – Step 3
1. If the grievant is not satisfied with the decision rendered pursuant to Step 2, the grievant may appeal the decision in writing, within five (5) calendar days, after receipt of the decision to the CalHR as the third level of appeal. The Union shall concurrently send a copy of the appeal to the affected department(s).
2. The Director of the CalHR or designee shall respond to the grievance in writing within fourteen (14) calendar days.
3. If the grievance is not resolved at Step 3 within twenty-four (24) hours after receipt of the third step response, the Union shall have the right to submit the grievance to arbitration.
4. The arbitration shall take place no later than fourteen (14) days following the Union’s request unless the parties mutually agree otherwise.
5. Arbitration shall be in accordance with section 6.11(B) of Article 6 unless otherwise provided.

1. The State and the Union acknowledge the vital importance of maintaining proper temperatures at worksites to minimize physical discomfort and promote a healthy working environment.
2. The State will endeavor to maintain ambient interior temperature within State owned and leased properties pursuant to applicable State Guidelines, including but not limited to, levels articulated in the State Administrative Manual (SAM) and levels articulated in Cal/OSHA policies.
3. The State is committed to making every effort to adhere to the State Guidelines regarding temperature and humidity standards. However, if the temperature of the working environment drops or rises above the guidelines, the State shall make every effort to correct this deficiency in a timely manner.
4. In the event that the temperature continues to be out of compliance with State Guidelines for an extended period of time, the State reserves the right to make the decision whether work continues or if non-essential employees will be released from the worksite. If non-essential employees are released from the worksite by management, the employees will be released without loss of compensation.
5. This section shall only be grievable to the third level of the grievance process.

1. Each Department with twenty-four (24) hour facilities shall develop a policy governing work-related situations associated with a major incident.
2. The policy shall include definition of a major incident, and establish procedures which provide for employee referrals for necessary services.

1. Unit 17 employees shall be permitted to use non-work areas for breaks if it does not involve an additional cost; it does not involve areas restricted for health and safety reasons; it does not interfere with State business needs; or it does not negatively impact on patients, consumers, inmates, wards, or students’ health and safety. The State will endeavor to retain all existing break rooms or rest areas unless the space becomes necessary for the conduct of State business. Operational needs permitting, the State shall endeavor to allow reasonable time for nurses to travel to break rooms when the facility layout prohibits a local rest area.
2. Unit 17 employees may identify and request specific alternative locations which allow the employee to be removed from the employee’s daily routine and the work area for other nursing employees.

1. Buildings with state employees shall make a sharps container available in restrooms, pursuant to SAM section 1930.12.
2. This section is subject to the grievance procedure up to Step 3 (CalHR).

1. General Salary Increases
1. Effective July 1, 2023, all SEIU represented employees in eligible classifications shall receive a General Salary Increase (GSI) of 3.0%.
2. Effective July 1, 2024, all SEIU represented employees in eligible classifications shall receive a GSI of 3.0%.
3. Effective July 1, 2025, all SEIU represented employees in eligible classifications shall receive a GSI of 3.0%.
1. At the time of the May Revision to the 2025-2026 Governor’s Budget, if the Department of Finance projects sufficient excess funding, then the General Salary Increase in 11.1.A.3 of this MOU shall be 4.0% on July 1, 2025.
1. The determination of sufficient excess funding shall be at the sole discretion of the Director of the Department of Finance based on the following considerations:
1. The Director of the Department of Finance determines the state revenue is sufficient to fully fund all existing statutory and constitutional obligations, and existing fiscal policy, including all budget adjustments and known cost increases.
2. The Director of the Department of Finance determines that sufficient excess funding is available to fully fund the cost of providing the additional 1.0% percent increase for all eligible employees.
2. In the event the Director of the Department of Finance determines sufficient excess funding is available, the State shall provide notice to the Union and shall meet and confer with the Union upon request regarding the impact of that determination.
3. In the event the Director of the Department of Finance determines that sufficient excess funding is not available, at their sole discretion, the section 11.1.A.3 General Salary Increase of 3.0% shall become effective on July 1, 2025, for all eligible employees.
2. Eligible classifications are within a recognized collective bargaining unit that has a ratified collective bargaining agreement containing these provisions.

Effective July 1, 2023, SEIU Local 1000 represented employees in the following classifications shall receive a special salary adjustment as listed below in addition to the General Salary Increase (section 11.1 A 1):

1. Registered Nurse (8165), School for the Deaf/Fremont
2. Registered Nurse (8165), School for the Deaf/Riverside
3. Registered Nurse (8165), School for the Blind

1. For the purpose of salary actions affecting employees assigned to Bargaining Unit 17, the following definitions shall apply:
1. “Salary range” is the range of rates between, and including, the minimum and maximum rate currently authorized for the class.
2. “Step” for employees compensated on a monthly basis is a five percent (5%) differential above or below a salary rate rounded to the nearest dollar and for employees compensated on a daily or hourly basis is a five percent (5%) differential above or below a rate rounded to the dollar and cents amount.
3. “Rate” for employees compensated on a monthly basis is any one of the full dollar amounts found within the salary range and for employees compensated on a daily or hourly basis any one of the dollar and cents amounts found within the salary range.
4. “Range differential” is the difference between the maximum rate of two (2) salary ranges.
5. “Substantially the same salary range” is a salary range with the maximum salary rate less than two (2) steps higher than or the same as the maximum salary rate of another salary range.
6. “Higher salary range” is a salary range with the maximum salary rate at least two (2) steps higher than the maximum salary rate of another salary range.
7. “Lower salary range” is a salary range with the maximum salary rate any amount less than the maximum salary rate of another salary range. Under paragraph (2), one step higher is calculated by multiplying the rate by 1.05 (e.g., $2,300 x 1.05 = $2,415). One step lower is calculated by dividing the rate by 1.05 (e.g., $2,415 ÷ 1.05 = $2,300).
2. Unless otherwise provided, the lowest salary range currently authorized for the class is used to make salary comparisons between classes. Any rate falling within the salary range for a class may be used to accomplish appropriate step differentials in movements between classes and salary ranges.

1. When a permanent full-time 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 be issued on the next business day following payday for an amount close to the actual net pay (gross salary less deductions).
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 fifty percent (50%) of the employee’s actual net pay will normally be issued within five (5) workdays after payday. No more than four (4) 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 State Controller’s warrant for the pay period.
2. It will be the responsibility of the employee to make sure voluntary deductions (e.g., credit union deductions, union dues, etc.) are paid.
3. This provision does not apply to those employees who have direct deposit.
4. Nothing in this provision shall prevent departments from continuing policies in excess of this provision.
5. The State agrees to provide timely payment of wages after an employee’s discharge, layoff, or resignation consistent with applicable department and SCO policies.
6. Overpayments or any other payroll errors shall be administered in accordance with Government Code section 19838 except as otherwise provided in this section. By mutual agreement, the overpayment may be satisfied by the use of leave credits, excluding sick leave.
7. 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 the time.
8. CalHR will work with responsible agencies to explore options for early distribution of paychecks. CalHR will meet with the Union within 120 days after ratification and provide possible options.

Effective July 1, 2023, SEIU Local 1000 represented employees in the following classifications, shall receive a special salary adjustment of four percent (4%).

1. Employees shall receive annual MSA in accordance with Government Code section 19832 and applicable CalHR rules.
2. The employee shall be informed in writing of denial ten (10) working days prior to the proposed effective date of the MSA.
3. Denial of the MSA shall be subject to the grievance and arbitration procedure.
4. Employees shall receive upon movement to an alternate range the salary and Merit Salary Adjustment (MSA) provided in the Alternate Range Criteria (ARC) for the class. If there are no specific salary regulations provided in the ARC, the employee shall receive the salary and MSA as provided in CalHR Rule 599.681.
5. Employees, at the employee’s discretion, who are eligible for a range change may defer the employee’s range change up to six (6) qualifying pay periods in order to coincide the range change with the effective date of the employee’s MSA. Said request by the employee shall be in writing and submitted no less than thirty (30) days prior to the employee’s anniversary date for purposes of the range change.

1. Unit 17 employees who regularly work shifts shall receive a night shift differential as set forth below:
1. Employees shall qualify for the first night shift pay differential of sixty cents ($.60) per hour where four (4) or more hours of the regularly scheduled work shift fall between 6:00 p.m. and 12:00 midnight.
2. Employees shall qualify for the second night shift pay differential of seventy-five cents ($.75) cents per hour where four (4) or more hours of the regularly scheduled work shift fall between 12:00 midnight and 6:00 a.m.
2. A “regularly scheduled work shift” are those regularly assigned work hours established by the department director or designee.

1. Definition of Bilingual Position 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 the employee is using them in a conversational, interpretation, or translation setting. An employee may provide their supervisor with data supporting the use of their bilingual skills ten percent (10%) or more of the time. Management will evaluate this data in assigning bilingual designation to the position. In order to receive bilingual differential pay, the position/employee must be certified by the using department and approved by CalHR. (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:
1. A direct public contact position;
2. A hospital or institutional setting dealing with patient, client, student, or inmate needs;
3. 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.
2. Rate:
1. Effective the first pay period following ratification, an employee meeting the bilingual differential pay criteria during the entire pay period would receive a maximum of two hundred dollars ($200) per 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. Effective the first pay period following ratification, an employee paid by the hour meeting the bilingual differential pay criteria would receive a differential of one dollar and fifteen cents ($1.15) per hour.
3. Employees, regardless of the time base or tenure, who use the employee’s bilingual skills more than ten percent (10%) of the time on a continuing basis and are approved by CalHR will receive the bilingual differential pay on a regular basis.
4. Bilingual differential payments will become earnings and subject to contributions to the CalPERS, CalSTRS, OASDI (Social Security), levies, garnishments, Federal and State taxes.
5. Employees working in positions which qualify for regular bilingual differential pay as authorized by CalHR may receive the appropriate pay during periods of paid time off and absences (e.g., sick leave, vacation, holidays, etc.).
6. Employees will be eligible to receive the bilingual differential payments on the date CalHR approves the departmental pay request. The effective date may be retroactive to the date of appointment to a position requiring bilingual skills when the appointment documentation has been delayed. The effective date may be retroactive up to sixty (60) days when the incumbent’s duties are changed to include the use of bilingual skills.
7. Bilingual salary payments will be included in the calculation of lump-sum vacation, sick leave, and extra hour payments to employees terminating the employee’s State service appointment while on bilingual status.
8. WWG 2 employees will receive bilingual salary compensation for overtime hours worked.
9. Employees receiving regular bilingual differential pay will have the employee’s transfer rights determined from the maximum step of the salary range for the employee’s class. Incumbents receiving bilingual pay will have the same transfer opportunities that other class incumbents are provided.
10. The bilingual differential pay should be included in the rate used to calculate Temporary Disability, Industrial Disability, and State Disability leave benefits.
11. Employees who do not receive a bilingual differential shall not be required to use bilingual skills.

1. Effective the first day of the pay period, six months after full ratification, and in order to further encourage the immersion of School for the Deaf employees into the Deaf culture and community, the State agrees to pay any full-time employee at the School for the Deaf (Fremont) or School for the Deaf (Riverside) a one-time bonus based on the following:
   
   Employees evaluated by the American Sign Language Proficiency Interview (ASLPI) Proficiency Levels - ASLPI Preparation, from Gallaudet University, shall receive the following:
1. Level 1 shall receive a one-time bonus of $400,
2. Level 2 shall receive a one-time bonus of $500,
3. Level 3 shall receive a one-time bonus of $600.
2. To receive a one-time bonus payment, the employee must submit documentation of the evaluated proficiency level. An employee may only receive a bonus payment once at each level listed above for a maximum of $1,500.
3. An employee who successfully completes a proficiency interview and qualifies for a one-time level bonus payment above, shall be reimbursed for the actual cost of the interview when receipts are submitted.
4. Employees receiving the Bilingual Pay Differential established in section 11.9 shall not be eligible for this one-time bonus.
5. Less than full time employees shall receive the one-time bonus on a pro rata basis.

The parties agree to continue the Union/Management Committee that advises the State Controller on planned and anticipated changes to the State’s payroll system. Topics to be explored include, but are not limited to, accuracy and timeliness of the issuance of overtime warrants, changes in earnings statements, direct deposit of employee pay, and design of and transition to a biweekly pay system. The committee shall be comprised of an equal number of management representatives and Union representatives. In addition, CalHR shall designate a chairperson of the committee. The Union may have one (1) representative from each bargaining unit who shall serve without loss of compensation.

Employees are eligible to participate in the State of California, Department of Human Resources, 401(k) and 457 plans offered through the Savings Plus Program (SPP).

1. To the extent permitted by federal and state law, employees who separate from State service who are otherwise eligible to cash out the employee’s vacation and/or annual leave balance, may ask the State to tax defer and transfer a designated monthly amount from the employee’s cash payment into the employee’s existing 457 and/or 401(k) plan offered through the Savings Plus Program (SPP).
2. If an employee does not have an existing 457 and/or 401(k) plan account, the employee must enroll in the SPP and become a participant in one (1) or both plans no less than sixty (60) days prior to the employee’s date of separation.
3. Such transfers are subject to and contingent upon all statutes, laws, rules and regulations authorizing such transfers including those governing the timing and amount of annual deferrals.
4. Employees electing to make such a transfer shall bear full tax liability, if any, for the leave transferred (e.g., “overdefers” exceeding the limitation on annual deferrals).
5. 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.
6. Disputes arising under this section of the Contract shall not be subject to the grievance and arbitration provisions of this Contract.

1. The Special Schools shall guarantee the opportunity for ten (10) months of compensation (as defined by State Personnel Board (SPB) rule 9) to permanent, full-time Special Schools’ employees except when budgetary or program considerations preclude it. Budgetary or program considerations are those which are mandated by the Legislature and/or Governor. This means that these employees shall be scheduled for work (i.e., regular work, overtime work, additional work as school activities necessitate, or work/training during recess periods), or paid State holidays or paid or unpaid leave that the employees use; so, that when all of these are considered in total for the year each employee at the California Schools for the Deaf and California School for the Blind receive a minimum annual compensation equivalent to approximately one thousand seven hundred thirty-four (1,734) hours of the employee’s regular (straight-time) rate of pay. Employees at the Diagnostic Centers will receive a minimum annual compensation to approximately one thousand nine hundred thirty-four (1,934) hours of the employees’ regular (straight-time) rate of pay based upon the employee’s twenty-five (25) day extended work year. The Special Schools may provide an annual compensation greater than one thousand seven hundred thirty-four (1,734) hours, (one thousand nine hundred thirty-four [1,934] hours for Diagnostic Center’s employees) subject to budgetary and program considerations. If an employee chooses not to work, the School’s obligation to provide a minimum opportunity for ten (10) months compensation shall be reduced accordingly.
   
   During recess periods, the Special Schools may schedule any combination of work or training. The employee may request to use vacation, other leave credits or dock during this time. The request shall not be unreasonably denied. It is understood by both parties that regular work, work not associated with the employee’s normal duties, and training may not be available. Employees may request training that enhances the Special School program.
2. Employees covered by this Agreement:
1. May use vacation leave during the employee’s initial six (6) months of employment. This is an exception to the Bargaining Unit 4, 15, 17 and 20 Contract vacation leave provisions.
2. Shall receive seventy (70) hours of vacation leave credit which will be credited to the employee’s vacation leave credit account upon commencement of the school year. This vacation leave credit shall be used to offset noncompensable absences during school recess periods. In addition, the Special Schools may allow employees to utilize these vacation leave credits during scheduled work periods. The seventy (70) hours shall be considered as paid leave and included in the one thousand seven hundred thirty-four (1,734) hours of compensation.
3. Sections B (1) and B (2) shall apply to permanent, part-time employees on a pro rata basis.
4. The seventy (70) hours of vacation leave credit (and pro rated amount for permanent, part-time employees) is contingent upon an employee’s continued employment for a minimum ten (10) qualifying pay periods beginning with the employee’s first qualifying pay period of the school year. If an employee terminates employment prior to this ten (10) qualifying pay period duration and the Special School is unable to adjust the employee’s vacation and/or CTO credit balances in order to reflect the proper vacation leave credit balance, the employee shall reimburse the Special School for the amount that is outstanding.
3. Work scheduled during school recesses may include training and other work assignments which may involve duties not normally associated with the employee’s normal and regular duties. These assignments which involve duties not normally associated with the employee’s classification shall only occur during recesses. For the purpose of these sections this is not considered out-of-class work.
4. The Special Schools have total discretion to determine the school year including recesses as long as the provisions of this Contract are met.
5. Employees who have taken a leave of absence without pay, who have been charged with an AWOL, or who have been “docked” will not be extended compensation opportunities to the extent that the employee would benefit over other employees from such docks.
6. The Special Schools shall provide eligibility for medical and dental benefits during the months of June and July or July and August by scheduling a minimum two (2) days work or training, if available, or vacation or CTO in June and July or July and August.
7. At the beginning of each academic school year, employees covered by this Article shall be given the irrevocable option to receive either cash or CTO when the employee works overtime during the academic calendar.
   
   CTO can be used by the employee during the academic year or during the recess. Beginning August 31, 2024, CTO balances that remain at the end of August each year shall be cashed out.
   
   Nothing in this subsection shall interfere with any other provision of this Article.

Effective the first day of the pay period following ratification, but no sooner than July 1, 2020, SEIU Local 1000 represented employees, whose worksite is located in Orange, Santa Barbara, Santa Cruz, or San Luis Obispo counties, shall receive a differential of $250 per month. This differential shall not be considered as compensation for purposes of retirement contributions. Employees on IDL shall continue this differential.

In the event a worksite is relocated from the counties listed above this differential shall cease at the end of the month the relocation occurs.

1. Upon approval by the California Department of Human Resources (CalHR) and the Department of Finance (DOF), a department may provide Unit 17 employees a recruitment and retention differential for 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 (PI) employees shall receive a pro rated recruitment and retention differential based on the hours worked in the pay period.
4. The department may withdraw any recruitment and retention differential for classifications, facilities, or geographic locations for new hires with a thirty (30) day notice to SEIU Local 1000.
5. The department shall not withdraw the recruitment and retention differential for an employee receiving the recruitment and retention differential during the term of this Agreement.
6. Neither the decision to implement or not implement the recruitment and retention differential nor the amount of the recruitment and retention differential, if offered, shall be subject to the grievance and arbitration procedure.
7. The Department of State Hospitals (DSH) may apply the provisions of section 11.17 to specific positions. Other departments may be afforded this provision by mutual agreement of the parties.

1. Employees who are employed at Avenal, Ironwood, Calipatria, Chuckawalla Valley, Centinela, High Desert, California Correctional Center, or Pelican Bay State Prisons, for twelve (12) consecutive qualifying pay periods, shall be eligible for a recruitment and retention bonus of two thousand six hundred dollars ($2,600), payable thirty (30) days following the completion of every twelve (12) consecutive qualifying pay periods.
2. If an employee voluntarily terminates, transfers, or is discharged prior to completing twelve (12) consecutive pay periods at Avenal, Ironwood, Calipatria, Chuckawalla Valley, Centinela, High Desert, California Correctional Center, or Pelican Bay State Prisons, there will be no pro rata payment for those months at either facility.
3. If the department mandatorily transfers an employee, the employee shall be eligible for a pro rata share for those months served.
4. If an employee promotes to a different facility or department other than Avenal, Ironwood, Calipatria, Chuckawalla Valley, Centinela, High Desert, California Correctional Center, or Pelican Bay 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.
5. 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.
6. Annual recruitment and retention payments shall not be considered as compensation for purposes of retirement contributions.
7. Employees on IDL shall continue to receive this stipend.
8. 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 two thousand six hundred dollars ($2,600).
9. It is understood by the Union that the decision to implement or not implement annual recruitment and retention payments or to withdraw authorization for such payments, and the amount of such payments rests solely with the State and that decision is not grievable or arbitrable.

1. Employees in eligible classifications listed above and who meet the service criteria listed below shall be eligible for a seniority differential:
   

   
   

   Effective July 1, 2024:
   17, 18, 19 years of State Service	2%
   20 years or more of State Service	3%
   Effective July 1, 2025:
   17, 18, 19 years of State Service	2%
   20, 21, 22 years of State Service	3%
   23 years or more of State Service	4%
   Effective July 1, 2026:
   17, 18, 19 years of State Service	2%
   20, 21, 22 years of State Service	3%
   23, 24 years of State Service	4%
   25 years or more of State Service	5%

2. All time spent in State service shall count, as long as the employee is in a classification listed above at the time of eligibility for the pay differential.
3. Twelve (12) months of qualifying full-time state service equals one (1) year regardless of classification.
4. The above percentages are non-cumulative; i.e., an employee who has been in State service for twenty (20) years is eligible for a pay differential of three percent (3%) above base salary, not the cumulative total of years 17, 18, 19 and 20 (e.g., five percent [5%]).
5. This pay differential is PERSable.

1. Employees who have regular and direct responsibility for work supervision, on-the-job training, and work performance evaluation of at least two (2) inmates, wards, or resident workers who take the place of civil service employees for a total of one hundred twenty (120) hours a pay period shall, subject to the approval of CalHR, receive a pay differential of one hundred ninety dollars ($190) per qualifying pay period.
2. The pay differential shall be subject to CalPERS deductions for the purpose of retirement contributions.
3. The pay differential shall be prorated for less than full-time employees.
4. The pay differential shall only be included in overtime calculations for FLSA eligible classes, and shall not be included to calculate SDI or lump-sum vacation, sick leave, and excess hours due to fluctuating work schedules.
5. Upon promotion to a higher classification in State service, an employee receiving compensation under this pay differential shall move from the employee’s combined salary rate (base salary plus Supervision of Inmates/Wards/Resident Workers Pay Differential rate) to compute the appointment rate.

1. Effective July 1, 1999, Registered Nurses (Range B or D), Registered Nurses (Correctional Facility) (Range B or D), and Registered Nurses (Forensic Facility) (Range B or D), designated “shift leads” and whose primary, regularly assigned duties by the State are to direct the work of other nursing employees on a shift for a qualifying pay period shall receive a differential of one hundred fifty dollars ($150) per month.
2. This lead differential shall not be considered as compensation for purposes of retirement contributions.
3. The State shall not rotate nurses in and out of lead assignments nor arbitrarily reassign nurses receiving this differential to avoid paying this differential.

1. Registered Nurses (8165), Registered Nurses (Forensic Facility) (8094), Registered Nurse (Correctional Facility) (9275), Surgical Nurses I (8130), and Health Services Specialists (8160) and (9699) who successfully complete the equivalent of fifteen (15) qualifying semester units or the equivalent of collegiate level job-related courses in a college or university of recognized standing shall be given an educational differential of seventy-five dollars ($75) per month. Only courses on the lists established by each department for implementing this provision will qualify toward this differential.
2. Upon request of the employee, each department employing RN’s (8165), RN’s (Forensic Facility) (8094), RN’s (Correctional Facility) (9275), Surgical Nurses I (8130), and Health Services Specialists (8160) and (9699) shall make available to all current and new Unit 17 employees a copy of the lists of those courses which qualify for this differential.
3. Only courses completed within the previous ten (10) years shall qualify towards educational differential.
4. The education differential shall not be considered as “compensation” for purposes of retirement contributions.
5. The State may add courses to the qualifying list at its discretion.
6. See Appendix 1.17 for Departmental Application procedures and for approved courses. Within one hundred twenty (120) days from ratification and upon the Union’s request, each department shall meet with the Union to review and discuss the department’s applicable section(s) for required updates.

Appendix S - Effective upon the implementation date provided by the State to SEIU, as determined by the State, Appendix S - 12.1 Business and Travel Expenses shall be operative and replaces the language contained below.

During the term of this agreement, the parties agree that the State may apply any future changes to the business and travel expense reimbursement program for excluded employees to BU 1, 3, 4, 11, 14, 15, 17, 20 and 21 employees.

1. Meals/Incidentals: Meal expenses for breakfast, lunch, and dinner will be reimbursed in the amount of actual expenses up to the agreed upon maximums. Receipts for meals must be maintained by the employee as substantiation that the amount claimed was not in excess of the amount of the actual expense. CalHR must comply with current IRS definition of “incidentals”. The IRS definition of “incidentals” includes fees and tips for porters, baggage carriers, and hotel staff. It does not include expenses for laundry, cleaning and pressing of clothing, taxicab fares, lodging taxes or the cost 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. Time Frames - For continuous short-term travel of more than twenty-four (24) hours but less than thirty-one (31) days, the employee will be reimbursed for actual costs up to the maximum for each meal, incidental, and lodging expense for each complete twenty-four (24) hours of travel, beginning with the traveler’s time of departure and return as follows:
1. On the first day of travel on a trip of more than twenty-four (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
2. On the fractional day of travel at the end of a trip of more than twenty-four (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 twenty-four (24) hour period.
3. For continuous travel of less than twenty-four (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 twenty-four (24) hours.
2. 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. 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 plus applicable taxes and mandatory fees.
2. When employees are required to conduct State 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 and mandatory fees.
   
   

   County	Lodging Rate
   All counties except those listed below	$90
   Sacramento, Napa, Riverside	$95
   Marin	$110
   Los Angeles, Orange, Ventura & Edwards AFB, excluding the city of Santa Monica	$120
   San Diego, Monterey County	$125
   Alameda, San Mateo, Santa Clara	$140
   City of Santa Monica	$150
   San Francisco	$250

   
   

   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 fifty (50) miles of the employee’s home or headquarters.
3. 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. The supervisor must determine prior to the beginning of the assignment if the time away from the home or headquarters area will be more than thirty (30) days, but less than one year, Long Term Assignments (LTA) lasting longer than one year may require the long-term reimbursements to be reported as a fringe benefit.
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:
   
   

   •	The employee continues to maintain a permanent residence at the primary headquarters, and
   •	The permanent residence is occupied by the employee’s dependents, or
   •	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:
   
   

   •

   Reimbursement for actual individual expense, substantiated by receipts, for lodging, water, sewer, gas and electricity, up to a maximum of $1,130 per calendar month while on the long-term assignment, and actual expenses up to $10 for meals and incidentals, for each period of twelve (12) to twenty-four (24) hours and up to $5 for actual meals and incidentals for each period of less than twelve (12) hours at the long-term location, or

   •

   Long-term subsistence rates of $24 for actual meals and incidentals and $24 for receipted lodging for travel of twelve (12) hours up to twenty-four (24) hours; either $24 for actual meals or $24 for receipted lodging for travel less than twelve (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 for actual meals and incidentals and $12 for receipted lodging for travel of twelve (12) hours up to twenty-four (24) hours at the long-term location; either $12 for actual meals or $12 for receipted lodging for travel less than twelve (12) hours at the long-term location.
3. Employees, with supervisor’s approval, who after completing the work shift remain at the job or LTA location past the Friday twelve (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.
4. 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.
5. 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 CalHR. It is the responsibility of the individual employee to maintain receipts for the employee’s actual meal expenses.
6. Transportation: Transportation expenses include, but are not limited to, airplane, train, bus, 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. Transportation will be accomplished and reimbursed considering both direct expense as well as the employee’s time. Provided the mode of transportation selected does not conflict with the needs of the agency, the officer or employee may use a more expensive form of transportation and be reimbursed at the amount required for a less expensive mode of travel. Both modes of transportation will be shown on the travel claim.
1. Mileage Reimbursement
1. When an employee is authorized by the employee’s appointing authority or designee to operate a privately owned vehicle on state business the employee will be allowed to claim and be reimbursed at the Federal Standard Mileage Rate (FSMR). 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.
2. 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 the employee’s normal commute.
2. Private Aircraft Mileage – When an employee is authorized by the employee’s department, reimbursement for the use of the employee’s privately owned aircraft on state business shall be at the current FSMR rate per statute mile. Pilot qualifications and insurance requirements will be maintained in accordance with CalHR rule 599.628 and the State Office of Risk and Insurance Management.
3. 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 the employee normally leaves the employee’s home, or on a regularly scheduled day off, mileage may be computed from the employee’s residence.
7. Receipts: Receipts 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 or less for each continuous period of parking or each separate transportation expense noted in this item.
3. Telephone, fax, or other business charges necessary to state business of $5 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.

The parties agree Appendix S - 12.1 Business and Travel Expenses, below, shall be operative and controlling effective upon the implementation date provided by the State to SEIU, as determined by the State, for this section. 

Appendix S replaces the language contained within section 12.1 Business and Travel Expenses.

During the term of this agreement, the State agrees to apply any future changes to the business and travel expense reimbursement program for excluded employees to BU 1, 3, 4, 11, 14,15, 17, 20 and 21 employees.

• Allowable travel expenses are incurred in accordance with state policy, including any applicable travel services contracts, such as airline, rental car, or lodging contracts.
• The mode of travel to be reimbursed is in the best interest of the state.

Whenever an employee is reasonably required by the State to change the employee’s place of residence, the State shall reimburse the employee for approved items in accordance with the lodging, meal, and incidental rates and time frames established in section 12.1, and in accordance with existing requirements, time frames and administrative rules and regulations for reimbursement of relocation expenses that apply to excluded employees.

1. For the term of this Contract, the parties agree that the State may increase parking rates in existing owned, wholly leased or administered lots, in urban congested areas, no more than twenty dollars ($20) per month above the current rate, charged to employees in specific locations where the employees 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 owned or administered parking lots where employees do not currently pay parking fees. Rates at new lots owned, wholly leased or administered 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. This Article does not apply to parking spaces leased in parking lots owned or administered by private vendors.
2. The State shall continue a system for employees where parking fees may be paid with pre-tax dollars.

1. Mass Transit
   
   Effective the first day of the pay period following ratification by both parties, employees working in areas served by mass transit, including rail, bus, or other commercial transportation licensed for public conveyance shall be eligible for a one hundred percent (100%) discount on public transit passes sold by State agencies up to the current monthly exclusion amount provided by the Internal Revenue Service (IRS). Employees who purchase public transit passes on the employee’s own shall be eligible for a one hundred percent (100%) reimbursement up to the current monthly exclusion amount provided by the IRS. The combined maximum allowable monthly exclusion amount for employees who are eligible to claim both mass transit and vanpool shall not exceed the current combined IRS maximum monthly exclusion amount. This shall not be considered compensation for purposes 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.
2. Vanpool
   
   Effective the first day of the pay period following ratification by both parties, employees riding in vanpools or driving vanpools shall be eligible for a one hundred percent (100%) reimbursement of the monthly fee up to the current monthly exclusion amount provided by the IRS. The combined maximum allowable monthly exclusion amount for employees who are eligible to claim both mass transit and vanpool shall not exceed the current combined IRS maximum monthly exclusion amount. This shall not be considered compensation for purposes of retirement. A vanpool must, at a minimum, meet the definition of a “commuter highway vehicle” in Internal Revenue Code section 132(f), including seating capacity requirements. The State may establish and implement procedures and eligibility criteria for the administration of this benefit.
3. Mass Transit and Vanpool
   
   Effective the first day of the pay period following ratification by both parties, employees headquartered out of State shall receive reimbursement for qualified public transportation and vanpool expenses for one hundred percent (100%) of the cost up to the current monthly exclusion amount provided by the IRS The combined maximum allowable monthly exclusion amount for employees who are eligible to claim both mass transit and vanpool shall not exceed the current combined IRS maximum monthly exclusion amount. The appointing power may establish and implement procedures regarding the certification of expenses.
4. Bicycle Commuter Program
   
   The Program is a taxable benefit administered by CalHR. This benefit is voluntarily provided by the State of California and encourages active state employees to consider bicycle commuting as a means of active transportation to and from the employee’s residences and places of employment. The Program promotes health and wellness and sustainable commuting practices by encouraging employees to use bicycles as their primary means of commuting.
   
   Eligible employees who regularly commute by bicycle during a substantial portion of a calendar month may submit claims in accordance with current state policy (HR Manual section 1425 – Bicycle Commuter Program).

1. The State and Union agree that the State shall encourage employees to use alternate means of transportation to commute to and from work in order to reduce traffic congestion and improve air quality.
2. Notwithstanding any other provision of this Contract, the Union agrees that the State may implement new policies or change existing ones in areas such as transit subsidies, vanpool/carpool incentives, walking/biking incentives, parking, parking fees, hours of work, and other actions to meet the goals of transportation incentives. The State agrees to notice and meet and confer regarding the impact of such new or changed policies.
3. The State shall entertain recommendations from the Union and meet if requested on ways to encourage the use of alternative forms of transportation.

1. The employee submits a written request to the department at least seventy-two (72) hours prior to the travel;
2. The department approves the request;
3. The employee waives any overtime credits that could result from the use of alternate transportation; and
4. The employee will bear the difference of all expenses and time that may be incurred due to the use of alternate transportation.

1. Housing
   
   Annually, current rental rates for all types of State owned employee housing, including trailers and/or trailer pads, may be increased by the State as follows:
1. Where employees are currently paying rent, the State may raise such rates up to twenty-five percent (25%) each year.
2. During the term of this Contract, where no rent is being charged, the State may raise rents up to seventy-five dollars ($75) per month, or when an employee vacates State owned housing, including trailers and/or trailer pads, the State may raise rents for such housing up to the fair market value.
3. Employee rental of State owned housing shall not ordinarily be a condition of employment. In any instance after July 1, 1989 and annually thereafter, where rental of State housing is made a condition of employment, the State may charge the employee ten percent (10%) less than the regular rate of rent.
4. Employees renting State owned housing occupy them at the discretion of the State employer. If the State decides to vacate a State owned housing unit currently occupied by a State employee, it shall give the employee a minimum of thirty (30) days advance notice.
2. Utilities
   
   Annually, current utility charges for all types of State owned employee housing, including trailers and/or trailer pads, may be increased by the State as follows:
1. Where employees are currently paying utility rates to the State, the State may raise such rates up to eight percent (8%) each year.
2. Where no utilities are being charged, the State may impose such charges consistent with its costs.
3. Where utilities are individually metered to State owned housing units, the employee shall assume all responsibility for payment of such utility rates, and any increases imposed by the utility company.
3. Notwithstanding any of the above, the Department of Fish and Wildlife (DFW) will meet and confer with Union representatives prior to the implementation of rental increases. The Department will meet and confer over any amount of necessary increases, the implementation dates, and the necessity for the increase.
4. The DFW is committed to improving the quality of State owned housing under its jurisdiction. To that end, the Department will seek funding authority for maintenance and improvement of Department-owned housing.
   
   This subsection is not subject to the provisions of Article 6 of this Contract.
5. Possessory Interest Taxes – Department of Fish and Wildlife (Unit 11)
1. Reimbursement for Possessory Interest Taxes
   
   The DFW will directly pay the possessory interest taxes for Unit 11 employees who occupy Department-owned housing for the employee’s payment of possessory interest taxes, where assessed. The employee shall follow Department procedures and submit any possessory interest tax bills to the Department as soon as the possessory interest tax bills are received by the employee.
2. Working Condition Fringe Benefit Exception
1. This subsection E (2) shall apply to employees whose residency in State owned housing satisfies the criteria for the working condition fringe benefit exception found in tax laws.
2. Possessory interest reimbursement provided by the DFW shall not be reported to the SCO as income subject to taxation and other withholdings when an employee completes required forms and submits them to the DFW by the date management specifies. The DFW shall not be responsible for erroneous reporting of reimbursements as income if the employee fails to utilize the required form and/or procedures developed by the Department for this purpose.
3. The decision about which employees qualify for the working condition fringe benefit exception shall not be subject to the grievance and arbitration provisions of this Contract.
6. Where employees are currently residing in State owned housing as a condition of employment, rental rates will not be raised by the appointing authority until it has demonstrated to CalHR that necessary repairs and improvements have been made to satisfy the standards for habitability that are consistent with Civil Code section 1941 and 1941.1. On a case-by-case basis, the appointing authority shall determine the new Fair Market Value following the completion of repairs and improvements of each State owned housing property. With CalHR’s approval, the appointing authority may raise employee rents up to twenty-five percent (25%) each year for such housing until the Fair Market Value has been realized.

1. When a Unit 17 employee is required to work overtime, management will provide employees with a meal allowance, a meal ticket or a complete meal. Should management be unable to provide a complete meal, a meal allowance or ticket of eight dollars ($8) will be provided. 
2. To be eligible for the overtime meal allowance, or ticket, the employee must be required to report to work at least two (2) hours prior to or be required to remain at least two (2) hours past the employee’s regularly scheduled workday. No more than three (3) overtime meals, allowances, or tickets may be claimed during any twenty-four (24) hour period.
1. Employees who are provided an overtime meal ticket shall receive the ticket on the day it is earned. The date and time issued shall be recorded on the overtime meal ticket.
2. Employees who are provided an allowance/ticket may receive reimbursement for the receipt/ticket by attaching the receipt/ticket to a State Overtime form. To receive reimbursement, receipt/tickets must be submitted within ninety (90) calendar days of the date the overtime meal was authorized.
3. Overtime Meal Allowances – CDCR
1. Overtime meals allowances or tickets will be earned when an employee is required to work at least two (2) consecutive hours prior to or two (2) consecutive hours after the regular work shift. If the employee is required to work for more extended periods of time, the employee shall earn an additional meal, allowance, or ticket for each additional six (6) hour period of assigned work. No more than three (3) overtime meals allowances or tickets will be claimed during any twenty-four (24) hour period.
2. With the exception of employees whose work hours are recorded in an automated scheduling system, Unit 17 employees who meet the above criteria shall be provided an overtime meal ticket (local form) on the day it is earned. The date and time of issue will be recorded on the ticket. The monetary value of each ticket, meal, or allowance shall be eight dollars ($8).
3. Employees who are on travel status, and are being reimbursed under the business and travel portion of this Contract, will not receive a meal at State expense nor be reimbursed for an overtime meal under the provision of this section.
4. The employee may use the meal ticket as provided in a and b below:
1. If there is a snack bar or other dining facilities, the employee may choose to use the assigned meal ticket within ninety (90) days of the date recorded on the meal ticket. If used to purchase a meal, the meal itself will constitute full and complete reimbursement. The value of the ticket at the facilities’ snack bar or other dining facilities shall be eight dollars ($8) but may be higher after consultations between management and the local Unit 17 steward in order that the reimbursement is sufficient to purchase a complete hot meal. If the employee does not purchase a meal, the employee may follow the procedures as outlined in b below.
2. Employees issued meal tickets may receive reimbursement for the meal ticket by attaching the ticket(s) to a State Travel Expense Claim form and submitting it for payment within ninety (90) days of the issue date. Employees requesting reimbursement under this option will receive eight dollars ($8), regardless of the value assigned to the meal ticket by local management.
5. Employees in assignments which do not allow the State to provide a meal ticket shall be provided alternative methods, determined by the State, to receive the eight dollars ($8) reimbursement for each overtime meal allowance earned.
4. Within twelve (12) months of ratification by both parties, for those employees whose work hours are recorded in an automated scheduling system, the overtime meal allowance(s) will be automatically calculated and reimbursed by the work hours recorded in the automated scheduling system. Employees will receive a separate check for the meal allowances for the qualifying time worked in the prior pay period. Employees not in an automated scheduling system, who are entitled to a meal allowance, shall submit for reimbursement utilizing the local submission process.
5. Overtime Meal Allowance – CalVet
1. When a Unit 17 CalVet employee is required to work overtime, management will provide an overtime meal ticket that may be used to purchase a hot meal or be submitted to receive an overtime meal allowance of eight dollars ($8).
2. To be eligible for the overtime meal ticket or overtime meal allowance, the employee must be required to report to work at least two (2) hours prior to or be required to remain at least two (2) hours past the employee’s regularly scheduled work shift. Employees who are provided an overtime meal ticket shall receive the ticket on the day it is earned. The date and time issued shall be recorded on the overtime meal ticket.
3. An employee may use the overtime meal ticket as provided in a and b below:
1. The overtime meal ticket may be used to purchase a complete hot meal at the Home’s dining room. The value of the overtime meal ticket shall be established by local management. The value of the overtime meal ticket shall be sufficient to purchase a complete hot meal. If the overtime meal ticket is used to purchase a meal, the employee must use it within ninety (90) days of the issue date. If the overtime meal ticket is used to purchase a meal, the meal will constitute full and complete reimbursement. If the employee does not use the overtime meal ticket to purchase a meal, the employee may submit the ticket for reimbursement as outlined in b below.
2. Overtime meal tickets that are not used to purchase a meal may be submitted for reimbursement by submitting the tickets through CalATERS Global. Overtime meal tickets must be submitted for payment within ninety (90) days of the issue date. Employees requesting reimbursement under this option will receive eight dollars ($8) per ticket, regardless of the value assigned to the overtime meal ticket by local management.
4. Any overtime meal tickets held prior to the effective date of this Contract must be used to purchase a meal or submitted for reimbursement in accordance with this Article.

1. Unit 17 employees shall be reimbursed for personal clothing and/or articles which are damaged beyond repair during the course of an employee’s workday. The State will not reimburse employees for damaged clothing and/or articles if the damage is caused by employee carelessness or negligence. Unit 17 employees shall exercise good judgment in the type and cost of personal clothing and articles worn while performing the employee’s duties. The State will provide reimbursement based on original receipts or current value. In both cases, depreciation will be considered in arriving at the reimbursement value of the clothing and/or articles.
2. This provision shall also apply to items of personal equipment specifically required by the State for the performance of the job.

1. When the State requires a uniform to be worn as a condition of employment and does not provide such a uniform, the State shall authorize a uniform replacement allowance based on actual costs substantiated with a receipt for an amount not to exceed six hundred and fifty dollars ($650) per year. Claims for such reimbursement shall be paid in full to the employee within ninety (90) days of the submission of the receipt.
1. Uniform means outer garments, including footwear, which are required to be worn exclusively while carrying out the duties and responsibilities of the position and which are different from the design or fashion of the general population. This definition includes items that serve to identify the person, agency, function performed, rank, or time in service.
2. In those cases where the State provides the uniform to be worn, the uniform items provided pursuant to this section are State owned or leased property which will be maintained as the State deems necessary. Employees issued State provided uniform items shall be responsible for loss of or damage to the uniform items other than that incurred as the result of normal wear or through no fault of the employee.
3. In those cases where the State does not provide the uniform to be worn, employees shall be responsible for the purchase of the required uniform as a condition of employment. After an employee has the equivalent of one full year in a permanent position, which requires a uniform, the employee must submit a request in accordance with existing departmental practice in order to receive a uniform replacement allowance.
4. Employees shall wear the employee’s required uniforms only in an official capacity except that employees may wear such uniforms on the grounds of the employee’s facility and to and from the employee’s work location including associated incidental travel.
5. The uniform replacement allowance shall not be considered compensation for retirement purposes.
2. Single Source Vendor
1. During the life of this Contract, departments may establish a single source vendor system to replace the current Uniform Replacement Allowance program. If a single source vendor system is established, employees shall use the system to obtain department authorized uniform replacement items. Departments that participate in a single source vendor system may establish an anniversary date for the uniform replacement credit with the vendor. Employees will receive the employee’s credit on that date based on the number of qualifying pay periods in the uniformed classification and in accordance with existing State laws, rules, and regulations.
2. Employees newly appointed (new hire to State service, promotion, transfer, or demotion from a non-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 prorated uniform replacement credit on the established anniversary date, and a uniform replacement credit on each subsequent anniversary date.

1. The State shall provide all business equipment, reference materials, materials, and supplies deemed necessary by the State. Business equipment, materials, and supplies provided pursuant to this section are State owned or leased property which will be maintained as the State deems necessary. Employees issued State provided business equipment, materials, and supplies shall be held responsible for the loss and/or damage to those items other than that incurred as the result of normal use, wear, or through no fault of the employee.
2. Unit 17 employees may request that specific business equipment, materials, and supplies be made available for the employee’s use in the job. It is the intent of the State to provide business equipment, materials, and supplies to enable the employees to perform assigned duties and responsibilities.

1. The State agrees to reimburse all permanent full-time employees who are required by law to maintain a license as a condition of State employment for the actual cost of license renewal fees during the term of this Contract.
2. Permanent part-time employees who are half-time or more and who are required by law to maintain a license as a condition of State employment shall be reimbursed for the actual cost of license renewal fees on a prorated basis during the term of this Contract.

The State will evaluate the feasibility of implementing a pre-tax commuting expense program in accordance with Internal Revenue Code Section 132(f).

1. The State shall endeavor to make facilities available to employees who bike or walk to work including, but not limited to, clothing lockers, secure bicycle storage, and shower facilities in all State owned or leased buildings.
2. This Section is not grievable or arbitrable.

1. An employee’s official departmental personnel file shall be maintained at a location identified by each department head or designee. Upon request, the State shall identify any supervisory files kept on the employee and shall identify the location of each file. Official personnel files shall contain an inspection log where any person reviewing the file shall sign and date the log unless excluded by law.
2. Information in an employee’s official departmental personnel file and supervisory work file shall be confidential and available for inspection only to the employee’s department head or designee in conjunction with the proper administration of the department’s affairs and the supervision of the employee; except, however, that information in an employee’s official departmental personnel file and supervisory work file may be released pursuant to court order or subpoena. An affected employee will be notified of the existence of such a court order or subpoena. No rank and file shift lead shall be authorized access to an employee’(s) files, except with prior written approval of the employee.
3. Evaluation material or material relating to an employee’s conduct, attitude, or service shall not be included in the employee’s official personnel file without being signed and dated by the author of such material. Before the material is placed in the employee’s file, the department head or designee, shall provide the affected employee an opportunity to review the material, and sign and date it. An employee signature shall not necessarily constitute agreement to the evaluation. A copy of the evaluation material relating to an employee’s conduct shall be given to the employee.
4. An employee or the employee’s authorized representative may review the employee’s official personnel file during regular office hours. Where the official personnel file is in a location remote from the employee’s work location, arrangements shall be made to accommodate the employee or the employee’s authorized representative at the employee’s work location. Upon request, the employee shall be allowed a copy of the material in the employee’s personnel file.
5. The employee shall have a right to insert in the employee’s file reasonable supplementary material and a written response to any items in the file. Such response shall remain attached to the material it supplements for as long as the material remains in the file.
6. Any performance evaluation conducted of an employee who is a participant in the Union/State Collective Bargaining negotiations shall recognize the employee’s frequent absence from the employee’s State job and the impact of such absences on the employee’s performance. This is not intended to abrogate the right of the State to take disciplinary action against any employee who happens to be involved in such representational activities.
7. Material relating to an employee’s performance included in the employee’s departmental personnel file shall be retained for a period of time specified by each department, except that at the request of the employee, materials of a negative nature may either be purged after one year or at the time such material is used in a written performance evaluation. This provision, however, does not apply to formal adverse actions except as defined in applicable Government Code sections. By mutual agreement between a department head or designee and an employee, adverse action material may be removed. When an employee receives written documentation of a negative nature, the supervisor shall note in writing on the documentation the time frame it will remain in the file.
8. Supervisors may keep working supervisory files on the performance and conduct of employees to provide documentation for matters such as, but not limited to, probation reports, performance appraisals, training needs, MSA reviews, bonus programs, adverse actions, employee development appraisals, or examination evaluations. An employee and/or the employee’s authorized representative may, upon request, review the contents of the employee’s file with the employee’s supervisor. Upon request, the employee shall be allowed a copy of the material in the employee’s supervisory file.

1. The State and SEIU Local 1000 encourage periodic informal performance discussions between Unit 17 employees and the employee’s supervisor to discuss work performance, job satisfaction, and work-related problems. Except when immediate action is necessary for health or safety reasons, such discussions shall be held in a private setting or sufficiently removed from the hearing range of other persons.
2. The issuance of work instructions by a supervisor does not constitute an informal performance discussion. This section shall not be construed to limit, in any manner, a supervisor’s right to issue work instructions.

1. The purpose of the Individual Development Plan (IDP) is to establish personal objectives and develop a plan for achieving professional growth, career mobility and/or future career changes.
2. Departments shall notify each eligible employee of the opportunity to submit an IDP at least annually for full-time employees and for PI employees who work seven hundred fifty (750) hours or more annually. An employee is not required to participate in the IDP process. If an employee elects not to participate, this decision will not be held against them.
3. The IDP process shall not be part of the performance appraisal or disciplinary process. An IDP may be created by an employee without triggering a performance evaluation appraisal. If all or part of the IDP is disapproved, the employee shall be notified in writing and a copy shall be provided to the Union.

• Performance evaluations are not considered as an independent step in the disciplinary process.
• If there is no evaluation of record within one year prior to a scheduled wage increase, the employee’s overall evaluation shall be: “meets expectations”.

1. PROBATIONARY REPORTS
   
   Probationary performance reports shall be completed at sufficiently frequent intervals to keep the employee adequately informed of progress on the job. The final report may summarize the previously issued probationary performance reports.
2. ANNUAL PERFORMANCE APPRAISAL
   
   Annual performance reports shall generally include information from the immediate twelve (12) months prior to the due date of the report, exclusive of the probationary rating period.
   
   The performance appraisal system of each department may include annual written performance appraisals for permanent employees. Such performance appraisals may be completed at least once each twelve (12) calendar months after an employee completes the probationary period for the class in which the employee is serving.
   
   In the absence of any current annual performance appraisal, or performance evaluation material to the contrary, the employee’s performance shall be deemed satisfactory.
   
   While in the process of completing the probationary report or annual performance appraisal, the supervisor shall personally meet with the employee to review the appraisal or report, any notes, documents, or audits utilized in preparing the report.
   
   At the time an employee signs the employee’s annual appraisal, a copy will be provided to the employee. These reports, as a general rule, will be issued to the employee no later than thirty (30) days after the due date of the report.

1. LOI/WID (as well as counseling memos, informal letters of reprimand, letters of warning, etc.) shall contain a specified expiration date, not to exceed one year if there has been no recurring behavior, upon which the employee may request the removal of the same. Upon request to the appointing authority or their designee, the documents shall be removed and destroyed, unless the employee requests the documents be returned to them for the employee’s own disposal.
2. LOI/WID shall be issued in a timely fashion, generally within thirty (30) days from when the incident occurred or from the date of discovery of the incident that forms the basis for the LOI/WID.
3. In cases where the departmental staff are investigating an employee in a situation which adverse action potentially may follow, and the decision is made to give the employee an LOI/WID, the LOI/WID shall be issued in a timely fashion, generally within thirty (30) days from the decision to give the employee an LOI/WID. This will not prevent the parties from negotiating a formal adverse action down to an LOI/WID.
4. This provision shall not be circumvented by calling the document by another title such as: Letter of Informal Discussion, Employee Counseling Record, Letters of Contact, or Expectations of Work Performance memos. These types of “minor” corrective memos are to be placed in the employee’s supervisory file, but not in the OPF.
5. The employee shall have the right to submit a rebuttal to any LOI/WID, or any such comment referred to in paragraphs A and D above and/or section 13.1 paragraph C of this Contract. The rebuttal shall be submitted no later than thirty (30) days after issuance of the LOI/WID to the employee unless mutually agreed by the appointing authority’s authorized representative and the employee or the employee’s representative to extend this time frame. The rebuttal shall be attached to the applicable LOI/WID and shall remain in the files only as long as the underlying document.
6. Disputes concerning this section are grievable to Step 3 (CalHR) pursuant to Article 6, of the Grievance and Arbitration Procedure of this Contract.
7. Upon the employee’s written request, all official Notices of Adverse Action, all documentation leading to or supporting or proposing such action, and all SPB decisions rendered in such cases will be purged from the employee’s file(s) after three (3) years if there has been no recurring behavior.
8. Although any performance problem may be addressed in an employee’s annual performance evaluation, the evaluation shall contain no reference to the issuance of an LOI/WID or adverse action.

1. A Statewide Joint Labor Management Committee shall be established to review nursing practices related to satisfaction in State government, career opportunities and development of mechanisms for nurses to obtain upward mobility. This could include Nurse Mentoring, appropriate RN supervision and other proactive programs. The committee shall consist of four (4) members designated by the Union and four (4) members designated by the State. Union members shall attend committee meetings without loss of compensation. The Union and Management may invite subject matter experts to speak on specific issues.
2. The committee shall prepare a full written report with recommendations made to the Director of the California Department of Human Resources. If the parties agree and funds are available, joint recommendations may be implemented prior to the expiration of this Agreement.
3. Upon request of the Union, a subcommittee of the Nursing and Upward Mobility Joint Labor Management Committee may be convened at each department. The subcommittee shall be comprised of an equal number of representatives of the Union and the State, not to exceed four (4) each. Employees shall suffer no loss of compensation as a result of the participation in the subcommittee. The subcommittee shall review nursing practices related to job satisfaction, career opportunities and development of mechanisms for nurses to obtain upward mobility within the department. This could include Nurse Mentoring, appropriate RN supervision and other proactive programs. Any recommendations from the subcommittee shall be advanced to both the department director and the Joint Labor Management Committee noted above.

1. The purpose of Professional Practice Groups (PPG) is to provide an orderly process through which nurses’ services may participate regularly as a group to:
1. Establish, maintain and improve the standard of nursing practices;
2. Function as a central group to assist in:
1. maintaining competence in nursing practices;
2. increasing the scope of practice of registered nurses by exposure to new skills, trends, and developments of practice within the profession; and
3. recognizing and accepting responsibility for recommending improvements to nursing practice;
3. Participate actively in efforts to define and upgrade the standards of nursing practice, education, orientation, ethics, conduct, and achievement as required by the appropriate licensing board;
4. Serve as a centralized group for receiving individual or group concerns pertaining to nursing and channeling this input for study, evaluation and consideration; and
5. Improve communications between members of the profession, related treatment/health care disciplines, and management and supervisors regarding new trends and changes in nursing practices such as a result of legislation, science or new applications and interpretation of existing laws.
2. It is the intent of the State to support the establishment of PPGs on either a facility or regional basis. All registered nurses employed at a facility are members of the PPG. The size, composition, and frequency of meetings for registered nurse PPGs shall be determined by facility management, which may include multidisciplinary PPGs. Facilities which currently have multidisciplinary PPGs may continue their interdisciplinary PPGs. These meetings shall be open. Subject to supervisory approval based on operational need and with at least two (2) weeks reasonable advance notice, an employee shall be permitted to attend a PPG meeting. The process of selecting officers shall include an election of representative rank-and-file registered nurses and may also include direct appointments by management. Direct appointments by management may not exceed one-half of the total officers. Prior approval of agendas may be required. Each PPG may elect officers, publish agendas in advance and distribute their minutes and notice of meetings only within the facility. Each PPG shall prepare minutes and provide a copy to management. Upon request, facility management may review the minutes prior to distribution.
3. PPGs shall be able to use State facilities, clerical support and mail systems consistent with current practices, workload and other facility priorities. Registered nurses participating in PPGs shall suffer no loss of compensation and shall receive no overtime as a result of attendance at any PPG meeting or assignments made by a PPG.
4. PPGs may submit recommendations to facility management. Management shall acknowledge the receipt of the recommendations and respond in writing within three (3) months. It is understood by both parties that effective two-way communications improve morale and productivity.
5. No PPG shall discuss any subject that falls within the mandatory or permissive scope of bargaining as it relates to wages, hours, working conditions, classification studies, or a subject of any grievance or complaint. PPGs may, however, provide suggestions to appropriate department management on improvements to in-service training, and the appropriateness of uniform requirements. PPGs are also appropriate forums to discuss issues such as appropriate trauma and crisis counseling for special situations, the need for hospice training where applicable and in accordance with job requirements. No PPG communications, written or oral, may occur with any agency or organization other than the facility management without prior approval of the facility director or designee.
6. All departments shall support the formation of PPGs.
7. Employees shall not receive any overtime for attending PPG meetings.
8. The Department of Education shall schedule at least one meeting during each year of this Agreement and the school year between representatives of the registered nurse staff of the two (2) schools for the deaf and the three (3) diagnostic schools. The Department shall publish the meeting schedule by September 1 each year of this agreement. Unit 17 representatives will have at least thirty (30) days to submit agenda items. Additional meetings shall be scheduled at the Department’s discretion. For these meetings, representatives may be required to travel in conjunction with other staff during planned school activities and be required to use Departmental designated accommodations and facilities. A detailed agenda will be submitted for approval to the Department at least ten (10) work days prior to the meeting. Employees shall suffer no loss of compensation and shall receive no overtime compensation as a result of these meetings. If a representative’s workweek cannot be modified due to operational needs, any weekend meeting shall be considered work time and compensated on an hour-for-hour basis.
9. All departments that currently utilize PPGs shall reaffirm, in writing, and publish, the importance of the PPG and encourage Unit 17 employees to attend the meetings. The date, time, and location of the meetings shall be included in the notice. This information shall be provided to new employees during the formal orientation process.
10. Subsections A and E of this section are not subject to the Grievance and Arbitration Article.

1. Departments will provide an on-the-job orientation for all Unit 17 employees hired after the effective date of this Contract. The orientation will take place within thirty (30) days of employment.
2. Through the PPG’s, Unit 17 employees may provide recommendations for content of the orientation program provided to nursing staff.
3. The State recognizes the importance of orientation for new employees. Issues related to orientation shall be brought forward by SEIU pursuant to Article 5.10 (Labor Management Committees) and resolved in a problem solving context.

1. Unit 17 employees who are approved by the State to attend training courses required by the department shall be granted time off without loss of compensation when the course is attended during the affected employee’s scheduled work hours. If attendance at such courses is required by the department during an employee’s off-duty hours, such attendance shall be considered time worked.
2. Continuing education necessary for professional licensing shall not be considered mandatory training for purposes of this section unless a specified course required by the department incidentally meets the continuing education requirements. Nothing in this section shall relieve employees of any requirement to maintain professional licenses, certificates, registrations, etc.
3. Upon satisfactory completion of mandatory training, the State agrees to reimburse Unit 17 employees for the expenses incurred. Reimbursement shall be limited to:
1. Tuition and/or registration fees;
2. Cost of course-required books;
3. Toll and parking fees in accordance with Article 12 (Allowances and Reimbursements), section 12.1 (Business and Travel Expense);
4. Transportation or mileage expenses from the employee’s headquarters in accordance with Article 12, section 12.1;
5. Lodging and subsistence expenses in accordance with Article 12, section 12.1
4. The departments shall establish reasonable policies and procedures with regard to the method by which an employee obtains the necessary advance authorization for monetary reimbursement and/or release time approval.

1. For purposes of this section, “non-mandatory” training is training or education where attendance is generally requested/initiated by an employee and is not required by the department. With prior and express authorization by the department head or designee, the State may reimburse Unit 17 employees for up to one hundred percent (100%) of the cost for course-required books or tuition and/or provide an amount of time off without loss of compensation for attendance at non-mandatory training. Release time without loss of compensation may be for up to one hundred percent (100%) of the time required for course attendance. Both parties agree and understand that different amounts of reimbursement and release time may be provided to employees in the same or similar situations.
2. The departments shall establish policies and procedures with regard to the method by which an employee obtains the necessary advance authorization for monetary reimbursement and/or release time approval.

1. The CDCR shall determine the in-service training necessary for Unit 17 employees and, upon request, shall seriously consider input from the Union. In-service training may include, but not be limited to, such topics as ward/inmates supervision, working relationship with wards/inmates, and ward/inmate disciplinary procedures.
2. Departments other than those noted in section A, shall develop and offer job-related in-service training on an annual basis. Each department shall develop its training plan and, upon request, shall seriously consider input from the Union. The training plans shall be published annually and distributed to all employees and the Union.
3. All departments employing Registered Nurses with Professional Practice Groups shall reaffirm, in writing, to each Hospital or Developmental Center Executive Director, Warden or Superintendent or appropriate administrator the importance of the Professional Practice Groups particularly as it relates to in-service training.

1. Departments shall provide information on education opportunities, training, and training resources. This shall include the sharing of in-service continuing education course information on a regional basis between departments. Such information shall also be available to the Union upon request.
2. The State shall provide to all employees, two days per fiscal year (without loss of compensation) for activities such as, professional association activities, professional and/or personal development seminars, etc., to promote professional and/or personal growth and to enhance professional and/or personal goals. These activities are at the employee’s expense and therefore the choice of activity is at the employee’s discretion. This time shall be requested and approved in the same manner as vacation/annual leave. Such time shall not be accumulated.

1. With the approval of the department, a Unit 17 employee may use State facilities for the purpose of conducting research when the employee is pursuing continuing education credits, is involved in a personal research project, or other departmentally approved training. The use of State facilities shall not result in increased costs to the State nor shall the rights of clients, patients, inmates, wards, or students be compromised.
2. Upon request of a SEIU Local 1000 Unit 17 representative, the department will provide the identification of those major funded research projects in the area of health care delivery that are being currently conducted or considered.

1. When CalHR proposes establishment of a new classification or modification of an existing one, it shall inform the Union in writing of the proposal. The Union may request to meet and confer with CalHR regarding the classification proposal. Failure to respond in writing within thirty (30) calendar days of receipt of the notice shall constitute a waiver of the Union’s right to meet and confer over the classification proposal prior to submittal to the SPB for consideration.
2. The first negotiations meeting shall take place within twenty (20) calendar days of the Union’s request unless the parties agree to a different date. The purpose of the negotiations shall be the classification specifications and the compensation.
3. If the parties reach an agreement, the parties shall jointly recommend, in writing, that the classification proposal be submitted to the SPB for the non-hearing calendar.
4. If the parties do not reach an agreement the classification proposal may be submitted to the SPB.
5. In the event the SPB renders a decision that was not mutually agreed to by the parties, the Union and the State shall meet and confer over the impact, including compensation, of the Board’s decision. No classification shall be established without a salary structure.

1. Definitions
1. An employee is working “out-of-class” when the employee spends a majority (i.e., more than fifty percent [50%]) of the employee’s time over the course of at least two (2) consecutive work weeks performing duties and responsibilities associated with a higher level existing classification that do not overlap with the classification in which said employee holds an appointment.
   
   Duties that are appropriately assigned to incumbents in the employee’s current classification are not out-of-class.
   
   Duties appropriately assigned are based on the definition and typical tasks enumerated in the California SPB specification.
   
   Training and Development assignments are not out-of-class work.
2. For purposes of this section, a classification is at a “higher level” if the maximum salary of the highest salary range (excluding alternate range criteria other than deep class criteria) is any amount more than the maximum salary of the highest range of the class in which the employee holds an appointment.
3. When an employee is performing the duties of a vacant position properly assigned to a higher class or the duties of an absent employee whose position is properly assigned to a higher classification, the employee shall be considered to be working out-of-class.
2. Authorization and Rate of Pay
1. Notwithstanding Government Code sections 905.2, 19818.8, and 19818.16, an employee may be temporarily required to perform out-of-class work by the employee’s department for up to one hundred twenty (120) calendar days in any twelve (12) consecutive calendar months when it determines that such an assignment:
1. Is of unusual urgency, nature, volume, location, duration, or other special characteristics; and,
2. Cannot feasibly be met through use of other civil service or administrative alternatives.
2. Departments may not use out-of-class assignments to avoid giving civil service examinations or to avoid using existing eligibility lists created as the result of a civil service examination.
3. When an employee is assigned out-of-class work, the employee shall receive the rate of pay the employee would have received pursuant to Title 2 California Code of Regulations sections 599.673, 599.674, or 599.676 if appointed to the higher classification.
4. Out-of-class work may be discontinued by departments at any time; however, departments may not rotate employees in and out of out-of-class assignments to avoid payment of out-of-class compensation.
5. Out-of-class pay shall not be considered as part of the employee’s base pay when computing the rate due upon promotion to a higher level.
3. Out-of-Class Grievances and Allocation Appeals
1. The grievance and arbitration procedure described in subsection D below shall be the exclusive means by which alleged out-of-class assignments shall be remedied, including requests for review by CalHR referenced in Government Code section 19818.16 or the State Victim Compensation and Government Claims Board.
2. The grievance and arbitration procedure described in this section shall be the exclusive means for appealing position allocation or reallocation referenced in Government Code sections 19818.6 and 19818.20.
3. Employees may not separately file out-of-class grievances and position allocation or reallocation grievances pertaining to the same duties and responsibilities.
4. The only remedy that shall be available (whether claiming out-of-class work or position misallocation) is retroactive pay for out-of-class work. Said pay shall be limited to out-of-class work performed (a) during the one (1) year calendar period before the employee’s grievance was filed; and (b) the time between when the grievance was filed and finally decided by an arbitrator.
5. Arbitrators shall not have the authority to order reclassification (reallocation) of a grievant’s position or discontinuance of out-of-class work assignments.
4. Grievance Procedure and Time Limits
1. An employee’s grievance initially shall be discussed with the employee’s supervisor.
2. If the grievance is not resolved to the satisfaction of the grievant a formal grievance shall be filed on a CalHR 651 (Job Description Form) provided by the State within:
1. Fourteen (14) calendar days after receipt of the decision rendered by the supervisor; or
2. Twenty-one (21) calendar days after the date the employee’s duties allegedly changed such that the employee stopped working out of classification or the employee’s position became misallocated.
3. However, under no circumstances may the period in which to bring the grievance be extended beyond the twenty-one (21) calendar days in item b above.
3. Out-of-class and misallocation grievances shall be filed with a designated supervisor or manager identified by each department head as the department level of appeal in the usual grievance procedure found in Article 6.
4. The person designated by the department head as the department level of appeal shall respond to the grievance in writing within forty-five (45) calendar days after receipt of the grievance.
5. If the grievant is not satisfied with the decision rendered by the person designated by the department head at the department level of appeal, the grievant may appeal the decision in writing within twenty-one (21) calendar days after receipt to the Director of CalHR.
6. The Director of CalHR or designee shall respond to the grievance in writing within sixty (60) calendar days after receipt of the appealed grievance.
7. If the grievance is not resolved by CalHR, the Union shall have the right to submit the grievance to arbitration in accordance with Article 6, section 6.11.
8. Article 6, section 6.11 (Arbitration Level) shall apply to out-of-class and misallocation grievances except as otherwise provided in this section.
5. The arbitrator’s decision regarding out-of-class and misallocation grievances shall be final and binding on the parties. Said awards shall not be subject to challenge or review in any forum, administrative or judicial, except as provided in Code of Civil Procedure section 1286.2 et seq.

Upon request, the State shall, on an annual basis, provide the Union with a list of classifications and salaries for bargaining unit rank-and-file employees.

1. Upon appointment to a Unit 17 position, departments shall provide each Unit 17 employee with a duty statement which describes the duties the employee is expected to perform. Duty statements shall be consistent with the Unit 17 employee’s classification specification.
2. In CDCR duty statements may be included in the Post Orders.
3. Disputes over whether or not the duty statement is consistent with the class specifications shall be resolved through the grievance procedure. The decision reached at Step 3 (CalHR) of the grievance procedure shall be final. .

The State shall endeavor to notify the Union one hundred eighty (180) days, but no less than sixty (60) days, prior to implementation of automation or technological changes that will result in a significant impact on bargaining unit employees. Upon request of the Union within thirty (30) days of such notification, the State shall negotiate with the Union on the impact of such changes.

When a department posts a job announcement for which two (2) classifications may be considered, it shall provide the duty statement for each classification upon request to each candidate for the position.

1. The State shall notify the Union at least thirty (30) calendar days in advance of the effective date, before assigning duties normally performed by employees in the bargaining units covered by this Contract to any employee, group, individual, organization or business enterprise, if such assignment(s) may result in the displacement of employees in bargaining units covered by this Contract.
2. Upon request, within thirty (30) calendar days of the Union’s receipt of the notice, the State shall meet and confer with the Union over such assignments.
   

1. Purpose
   
   The purpose of this section is to guarantee that the State does not incur unnecessary, additional costs by contracting out work appropriately performed at less expense to the State by bargaining unit employees, consistent with the terms of this section. In achieving this purpose the parties do not intend this section to expand the State’s ability to contract out for personal services. The parties agree that this section shall not be interpreted or applied in a manner which results in a disruption of services provided by State departments.
2. Policy Regarding Personal Services Contracts and Cost Savings
   
   Except in extremely unusual or urgent, time-limited circumstances, or under other circumstances where contracting out is recognized or required by law, Federal mandate, or court decisions/orders, the State must make every effort to hire, utilize and retain bargaining unit employees before resorting to the use of private contractors. Contracting may also occur for reasons other than cost savings as recognized or required by law, Federal mandate, or court decisions/orders
3. .Information Regarding Contracts To Be Let
1. Departments will provide the Union’s designated representative with copies of Requests for Proposals (RFPs) and Invitations for Bid (IFBs) for personal services contracts when released for publication if they call for services found in bargaining unit class specifications.
2. To the extent that a department is preparing to enter into a contract (or amend a contract) and it does not require an RFP or IFB, the department shall provide the Union’s designated representative with a copy of the Standard Form 215 (or its departmental equivalent) if and when the Form 215 is completed, but no less than five (5) business days thereafter, provided the contract is/will be for services found in bargaining unit class specifications. If the Form 215 contains confidential or proprietary information, it shall be redacted as discussed below in subsection D (1).
3. The purpose of this subsection C is to provide the Union with notice and an opportunity to present alternatives which mitigate or avoid the need for contracting out, while still satisfying the needs of the State to provide services. Directors (or their designee) shall therefore meet with the Union for this purpose, if requested by the Union.
4. Review of Personal Services Contracts In Existence
1. Upon request of the Union each department shall submit copies of any or all personal services contracts that call for services found in bargaining unit class specifications. For each contract, departments shall provide additional documents establishing the number, scope, duration, justification, total costs of all such contracts, and payment of all overhead and administrative costs paid through each contract, provided it does not disclose confidential or proprietary information, in which case it shall be redacted as discussed below. The requested contract and related information shall be provided as soon as reasonably possible. The parties expect that this shall be provided no more than twenty-one (21) calendar days following the request by the Union, or longer if approved by the Union and the department. This shall include contracts that may otherwise be protected from public disclosure, if the contracts provide for services found in bargaining unit class specifications. However, the State may redact those portions of protected contract(s) that are proprietary, necessary to protect the competitive nature of the bid process, and that which does not pertain to the costing of personnel services found in bargaining unit classifications. The goal shall be to protect against disclosure of information which should remain confidential, while at the same time providing the Union with sufficient information to determine whether unnecessary, additional costs are being incurred by contracting out work found in bargaining unit class specifications. Costing information provided to the Union for protected contracts shall include total personnel costs for personnel services found in bargaining unit classifications plus any overhead charges paid to the contractor for these services, provided such disclosure does not breach confidentiality requirements or include proprietary information.
2. Within ten (10) workdays after receipt of the personal services contracts and associated documents as provided for in paragraph D(1) above, the Union and the department shall begin reviewing the contracts. The Union and the department shall examine the contracts based on the purpose of this section, the terms of the contracts, all applicable laws, Federal mandates and court decisions/orders. In this regard, the Union and the department will consider which contracts should and can be terminated immediately, which contracts will take additional time to terminate, which contracts may continue (for how long and under what conditions) and how (if necessary and cost effective) to transition contract employees or positions into civil service. All determinations shall be through express mutual agreement of the Union and department.
3. The Union and the department will continue to meet as necessary to examine personal services contracts which have been let.
4. If savings are generated by the termination of personal services contracts under this provision, it is the intent of the State to implement agreements of the Union and the department for utilization of said savings. Such agreements may include:
1. Contributing toward position reductions which would otherwise be accomplished by the layoff, salary reduction or displacement of bargaining unit employees;
2. Enabling the employment of bargaining unit employees for services currently performed by contractors;
3. Enabling of the conversion to bargaining unit civil service employment of qualified contract employees who wish to become State employees, as otherwise permitted by law, regulations, provisions of the contracts and resolutions by the SPB;
4. Providing timely, adequate and necessary recruitment efforts. These efforts may include focused recruitment, publicizing in professional journals, use of the media, job fairs, expedited hiring, expedited background checks, spot testing authorized by the SPB, State employee registries, and recruitment and retention incentives;
5. Such other purposes as may be mutually agreed upon.
5. Displacement Avoidance
1. The objective of this subsection is to ensure that bargaining unit employees have preference over contract employees consistent with, but not limited to the following principles:
1. The duties at issue are consistent with the bargaining unit employee’s classification;
2. The bargaining unit employee is qualified to perform the job; and,
3. There is no disruption in services.
2. To avoid or mitigate bargaining unit employee displacement for lack of work, the appointing power shall review all existing personal services contracts to determine if work consistent with the affected employee’s classification is being performed by a contractor. Displacement includes layoff, involuntary demotion, involuntary transfer to a new class, involuntary transfer to a new location requiring a change of residence, and time base reductions. If the Union and the department that review personal services contracts determine that the terms and purpose of the contract permit the State to assign the work to a bargaining unit employee who would otherwise be displaced, this shall be implemented consistent with the other terms of this section. The State and the Union shall meet and confer for purposes of entering into an agreement about the means by which qualified employees are notified and provided with such assignments. This shall include developing a process that ensures that savings realized by terminating the contract and reassigning the work to a bargaining unit employee to avoid displacement, are utilized to offset that employee’s moving and relocation costs, the amount of which shall be consistent with the Moving/Relocation section of the parties’ collective bargaining agreement.
6. Nothing in this section shall be interpreted or applied in such a manner as to interfere with the State or Federal court orders, the authority of the State or Federal courts or the authority of the special masters or receiver.
7. Relationship Between This Section And Related Statutes
   
   The State is mindful of the constitutional and statutory obligations (e.g., Govt. Code § 19130) as it pertains to restriction on contracting out. Thus, nothing in this section is intended to interfere with pursuit of remedies for violation of these obligations as provided by law (e.g., Public Contract Code § 10337).

1. The State shall make reasonable efforts to avoid involuntary transfers. An involuntary transfer which reasonably requires an employee to change the employee’s residence may be grieved under Article 6 only if the employee believes it was made for the purpose of harassing or disciplining the employee. If the appointing authority or the CalHR disapproves the transfer, the employee shall be returned to the employee’s former position; shall be paid the regular travel allowance for the period of time the employee was away from the employee’s original headquarters; and the employee’s moving costs both from and back to the original headquarters shall be paid in accordance with the CalHR laws and rules.
2. An appeal of an involuntary transfer which does not reasonably require an employee to change the employee’s residence shall not be subject to the grievance and arbitration procedure. It shall be subject to the complaint procedure if the employee believes it was made for the purpose of harassing or disciplining the employee.
3. The State shall provide a minimum of sixty (60) days written notice for an involuntary transfer which reasonably requires an employee to change the employee’s residence.
4. Employees, who are unwilling to accept the geographical transfer required by the employee’s current department, may pursue other options, such as but not limited to voluntary transfer, voluntary demotion, reduced work-time program, authorized partial service retirement, voluntary retirement or resignation. Such employees who meet the CalHR, SROA definition, shall be considered surplus. The department head or designee shall make job opportunity bulletins and materials available to all eligible surplus employees. Eligible surplus employees shall be permitted to apply and compete for vacant positions of the employee’s current class or other classes to which the employee can transfer, pursuant to the SROA process. Article 16 shall govern employee rights and appeals under these conditions.
5. With prior supervisory approval, employees shall be allowed a reasonable amount of State paid time to participate in employment interviews associated with the efforts described in paragraph D above.
6. When a department has two (2) or more qualified employees in a class who are subject to an involuntary transfer which reasonably requires an employee to change the employee’s residence, the employee(s) to be involuntarily transferred shall be selected in inverse order of seniority. As an exception to inverse seniority, an employee in the same class and affected work unit who is qualified and more senior may request to be involuntarily transferred in lieu of a less senior employee. An employee whose request for transfer is granted, shall be entitled to moving and relocation expenses in accordance with section 12.1. However, any associated reimbursements shall be subject to applicable IRS and FTB regulations.

The State and the Union recognize the importance of hardship transfers as a way of dealing with work and family issues. An employee experiencing a verifiable hardship, e.g., domestic violence, mandatory job transfer of a spouse or domestic partner as defined in Family Code section 297, family illness, serious health condition, injury or death of family members, may request a transfer to another geographic area to mitigate the hardship.

The State shall endeavor to reassign the employee to a comparable or lesser (if comparable is not available) position in the requested geographic area. If the employee accepts a position in a lower paid classification, the State shall endeavor to reinstate the employee to the employee’s former classification and comparable salary level.

Transfers under this section shall be considered voluntary and any associated relocation costs shall be subject to the applicable CalHR laws and rules.

A department shall provide the employee and the Union, in writing, reason(s) for the inability to grant the transfer no later than sixty (60) days after the written request is made.

This section shall be grievable and filed with the department head and appealed to CalHR; it shall not be arbitrable.

1. The parties recognize that when the State deems it necessary to fill a vacant position, the needs of the State must be given first priority. The needs of the State include the right to fill vacant positions using existing eligible or promotional lists, involuntary transfers, reassignments or other selection methods for reasons such as affirmative action, special skills, abilities or aptitudes.
2. The parties also recognize the desirability of permitting a permanent employee to transfer within the employee’s department and classification to another location which the employee deems to be desirable. To this end, permanent full-time employees may apply for an Employee Opportunity Transfer to a position at another location within the employee’s department in accordance with the following procedure:
1. Employees desiring an Employee Opportunity Transfer shall apply in writing to the employee’s department head or designee in a manner prescribed by the department. Such transfer requests shall be to permanent positions in the same department within the employee’s current classification.
3. Whenever a department head or designee elects to fill a vacancy through an Employee Opportunity Transfer, a permanent employee who already has an Employee Opportunity Transfer application to that location on file with the department shall be selected. If there is more than one employee with an Employee Opportunity Transfer application to the same location on file, one of the top three (3) employees with the greatest amount of department service by class shall be selected. When an employee is formally interviewed, the department head or designee will notify the employee of the non-selection.
4. Permanent employees who wish to submit Employee Opportunity Transfer applications may do so during a thirty (30) calendar day open period, to be scheduled once every six (6) months by each department. No employee shall submit more than four (4) Employee Opportunity Transfer applications during an open period.

1. Application
   
   Whenever it is necessary because of a lack of work or funds, or whenever it is advisable in the interest of economy to reduce the number of permanent and/or probationary employees (hereinafter known as “Employees”) in any State agency, the State may layoff employees pursuant to this section.
2. Order of Layoff
   
   Employees shall be laid off in order of seniority pursuant to Government Code sections 19997.2 through 19997.7 and applicable SPB and CalHR rules.
3. Notice
1. The State agrees to forward a copy of the layoff plan and a copy of the SROA/Surplus list (as it relates to a potential layoff) to SEIU Local 1000 as soon as each is approved by CalHR. It is understood that the layoff plan and the SROA/Surplus list may be approved at different times.
2. Employees compensated on a monthly basis shall be notified thirty (30) calendar days in advance of the effective date of layoff. Where notices are mailed, the thirty (30) calendar day time period will begin to run on the date of the mailing of the notice. The State agrees to notify the Union no later than sixty (60) calendar days prior to the actual date of layoff. The notice to the Union shall also include the reason for the layoff, the area of the layoff, the anticipated classifications affected, the total number of employees in each affected classification, the estimated number of surplus employees in each classification and the proposed effective date of the layoff.
4. Grievance and Arbitration
   
   Any dispute regarding the interpretation or application of any portion of this layoff provision shall be resolved solely through the grievance and arbitration procedure.
5. Transfer or Demotion in Lieu of Layoff
   
   The State may offer affected employees a transfer or a demotion in lieu of layoff pursuant to Government Code sections 19997.8 through 19997.10 and applicable CalHR rules. If an employee refuses a transfer or demotion, the employee shall be laid off.
6. Reemployment
   
   In accordance with Government Code sections 19997.11 and 19997.12, the State shall establish a reemployment list by class for all employees who are laid off. Such lists shall take precedence over all other types of employment lists for the classes in which employees were laid off. Employees shall be certified from department or sub-divisional reemployment lists in accordance with section 19056 of the Government Code.
7. State Service Credit for Layoff Purposes
   
   In determining seniority scores, one (1) point shall be allowed for each qualifying monthly pay period of full-time state service regardless of when such service occurred. A pay period in which a full-time employee works eleven (11) or more days will be considered a qualifying pay period except that when an absence from state service resulting from a temporary or permanent separation for more than eleven (11) consecutive working days falls into two (2) consecutive qualifying pay periods, the second pay period shall be disqualified. Veterans will receive additional credits in accordance with Government Code section 19997.6.
8. Departmental Vacancies
   
   Departments filling vacancies shall offer positions to employees facing layoff, demotion in lieu of layoff or geographic transfer in accordance with current SROA procedures.
9. Employees who are affected by layoff, reduction in time-base or other similar circumstances under this Article will be entitled to continuation of health, dental, and vision benefits pursuant to Public Law 99-272, Title X, COBRA.

Whenever the State determines it necessary to layoff employees, the State and the Union shall meet in good faith to explore alternatives to laying off employees such as, but not limited to, voluntary reduced work time, retraining, early retirement, and unpaid leaves of absence.

The State may propose to reduce the number of hours an employee works as an alternative to layoff. Prior to the implementation of this alternative to a layoff, the State will notify and meet and confer with the Union to seek concurrence of the usage of this alternative.

The State agrees to notify the Union at such time as the State becomes aware of federal government plans to regain jurisdiction of military installations currently loaned (or leased) to the State Department of the Military.

Employees laid off shall be provided services in accordance with the EAP. Such services are term limited for six (6) months from the actual date of layoff.

Retirement benefit formulas and contribution rates for State employees are specified in the Government Code as summarized below. No provision of this Article shall be deemed arbitrable under the grievance and arbitration procedure, except that any provision that defines the contribution rates shall be grievable to CalHR’s level.

1. Miscellaneous/Industrial First Tier members first employed by the State prior to January 15, 2011 are subject to the First Tier A Retirement Formula.
2. Miscellaneous/Industrial First Tier retirement members first employed by the State on or after January 15, 2011 and prior to January 1, 2013 are subject to the First Tier B Retirement Formula. The First Tier B Retirement Formula does not apply to:
   
   

   •	Former state employees who return to state employment on or after January 15, 2011.
   •	State employees hired prior to January 15, 2011, who were subject to the Alternate Retirement Program (ARP).
   •	State employees on approved leave of absence prior to January 15, 2011, who return to active employment on or after January 15, 2011.
   •	Persons who are already members or annuitants of the California Public Employees’ Retirement System (CalPERS) as a state employee, prior to January 15, 2011.

   
   The above four categories are subject to the First Tier A Retirement Formula.
3. Employees who are brought into CalPERS membership for the first time on or after January 1, 2013 and who are not eligible for reciprocity with another California public employer as provided in Government Code section 7522.02(c) shall be subject to the “PEPRA Retirement Formula.” As such, the PEPRA changes to retirement formulas and pensionable compensation caps apply only to new CalPERS members subject to PEPRA as defined under PEPRA.
4. The table below lists the First Tier age/benefit factors for First Tier A, First Tier B, and PEPRA retirement formulas.
   
   

   Retirement Age and Percentage Formulas

   Age at Retirement	First Tier A Formula (2% at age 55) Employees hired prior to January 15, 2011	First Tier B Formula (2% at age 60) Employees first hired on and after January 15, 2001 and prior to January 1, 2013	PEPRA Formula (2% at age 62) Employees eligible for CalPERS Membership for the first time on and after January 1, 2013
   50	1.100	1.092	N/A
   51	1.280	1.156	N/A
   52	1.460	1.224	1.000
   53	1.640	1.296	1.100
   54	1.820	1.376	1.200
   55	2.000	1.460	1.300
   56	2.064	1.552	1.400
   57	2.126	1.650	1.500
   58	2.188	1.758	1.600
   59	2.250	1.874	1.700
   60	2.314	2.000	1.800
   61	2.376	2.134	1.900
   62	2.438	2.272	2.000
   63	2.500	2.418	2.100
   64	2.500	2.418	2.200
   65	2.500	2.418	2.300
   66	2.500	2.418	2.400
   67 and over	2.500	2.418	2.500

5. There are factors for attained quarter ages, such as 52 ¾. The retirement quarter age/benefit factors apply for service rendered on and after the effective date of the 1999-2001 Memorandum of Understanding between the State and the Union. The quarter factors also apply to past service that is credited under the First Tier A, First Tier B, and the PEPRA First Tier retirement formulas.
6. Employee Retirement Contributions
1. As stated in Government Code section 20677.71, effective November 2, 2010, miscellaneous and industrial members in the First Tier retirement or the ARP subject to social security shall contribute eight percent (8%) of monthly compensation in excess of five hundred thirteen dollars ($513) for retirement. Miscellaneous and industrial members in the First Tier retirement or the ARP not subject to social security shall contribute nine percent (9%) of monthly compensation in excess of three hundred seventeen dollars ($317) for retirement.
2. As stated in Government Code section 20683.2, effective July 1, 2013, First Tier industrial members, including ARP members, shall pay an additional one percent (1%) retirement contribution. Accordingly, effective July 1, 2013, industrial members who participate in social security shall contribute nine percent (9%) of monthly pensionable compensation in excess of five hundred thirteen dollars ($513) and Industrial members who do not participate in social security shall contribute ten percent (10%) of monthly pensionable compensation in excess of three hundred seventeen dollars ($317). This provision shall not apply to First Tier industrial members in Bargaining Unit 21.
3. Effective July 1, 2023, the employee contribution rates described in 17.1(F)(1) and (F)(2) for miscellaneous and industrial retirement members, including ARP members, shall be increased by one half percent (0.50%). Miscellaneous members subject to social security shall contribute eight and one half percent (8.50%) of pensionable compensation in excess of five hundred thirteen dollars ($513) for retirement. Miscellaneous members not subject to social security shall contribute nine and one half percent (9.50%) of pensionable compensation in excess of three hundred seventeen dollars ($317) for retirement. Industrial members (excluding Bargaining Unit 21) subject to social security shall contribute nine and one half percent (9.50%) of pensionable compensation in excess of five hundred thirteen dollars ($513) for retirement. Industrial members (excluding Bargaining Unit 21) not subject to social security shall contribute ten and one half percent (10.5%) of pensionable compensation in excess of three hundred seventeen dollars ($317) for retirement. Industrial members in Bargaining Unit 21 subject to social security shall contribute eight and one half percent (8.5%) of pensionable compensation in excess of five hundred thirteen dollars ($513) for retirement. Industrial members in Bargaining Unit 21 not subject to social security shall contribute nine and one half percent (9.5%) of pensionable compensation in excess of three hundred seventeen dollars ($317) for retirement.
7. Final Compensation
   
   First Tier employees first hired on or after January 15, 2011 and prior to January 1, 2013, will, after completion of participation in the ARP, be subject to the two percent (2%) at age sixty (60) retirement formula with benefits based on the highest average monthly pay rate during thirty-six (36) consecutive months of employment.
   
   First Tier employees in employment prior to January 15, 2011, will remain subject to the two percent (2%) at age fifty-five (55) retirement formula with benefits based on the highest average monthly pay rate during thirty-six (36) consecutive months of employment.
   
   First Tier employees in employment prior to January 1, 2007, will remain subject to the two percent (2%) at age fifty-five (55) retirement formula with benefits based on the highest average monthly pay rate during twelve (12) consecutive months of employment.

1. Second Tier members first employed by the State and subject to CalPERS membership prior to January 1, 2013 are subject to the Pre-PEPRA Second Tier retirement formula.
2. Employees who are brought into CalPERS membership for the first time on or after January 1, 2013 and who are not eligible for reciprocity with another California public employer as provided in Government Code section 7522.02(c) shall be subject to the “PEPRA Retirement Formula.” As such, the PEPRA changes to retirement formulas and pensionable compensation caps apply only to new CalPERS members subject to PEPRA as defined under PEPRA.
3. The table below lists the Second Tier age/benefit factors for the Pre-PEPRA and PEPRA retirement formulas.
   
   

   Age at Retirement	Pre-PEPRA Formula (1.25% at age 65) Employees first hired and subject to CalPERS Membership prior to January 1, 2013	PEPRA Formula (1.25% at age 67) Employees eligible for CalPERS Membership for the first time on and after January 1, 2013
   50	0.5000	N/A
   51	0.5500	N/A
   52	0.6000	0.6500
   53	0.6500	0.6900
   54	0.7000	0.7300
   55	0.7500	0.7700
   56	0.8000	0.8100
   57	0.8500	0.8500
   58	0.9000	0.8900
   59	0.9500	0.9300
   60	1.0000	0.9700
   61	1.0500	1.0100
   62	1.1000	1.0500
   63	1.1500	1.0900
   64	1.2000	1.1300
   65	1.2500	1.1700
   66	1.2500	1.2100
   67 and over	1.2500	1.2500

   
   
4. As stated in Government Code section 20683.2, effective July 1, 2013, Second Tier members, including ARP members, shall contribute one and one-half percent (1.5%) of monthly pensionable compensation for retirement, and will increase by one and one-half percent (1.5%) points annually. The final annual increase in the contribution rate shall be adjusted as appropriate to reach fifty percent (50%) of normal cost.

1. New employees who meet the criteria for CalPERS membership have the right to make an election to be covered under a Second Tier Retirement Plan. If the employee does not enroll in a Second Tier Retirement Plan within one hundred eighty (180) days after the date of initial eligibility, the employee shall remain enrolled in the First Tier plan, as provided under CalPERS law.
2. An employee enrolled in the Second Tier retirement plan may exercise the First Tier right of election. An employee who makes this election is 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 ninety-six (96) months (8 years) to one hundred forty-four (144) months (12 years), and allowing employees to purchase partial amounts of service.
3. Employees who purchase past service are required to pay the amount of contributions the employees would have paid had the employees been First Tier members during the period of service that the employees are purchasing. As required by CalPERS law, the amount includes interest at six percent (6%), annually compounded.

1. State Safety members first employed by the State prior to January 15, 2011, are subject to the State Safety A Retirement Formula.
2. State Safety retirement members first employed by the State on or after January 15, 2011, and prior to January 1, 2013, are subject to the “State Safety B Retirement Formula.” The State Safety B Retirement Formula does not apply to:
   
   

   •	Former state employees who return to state employment on or after January 15, 2011.
   •	State employees hired prior to January 15, 2011, who were subject to the ARP.
   •	State employees on approved leave of absence prior to January 15, 2011, who return to active employment on or after January 15, 2011.
   •	Persons who are already members or annuitants of the CalPERS as a state employee prior to January 15, 2011.

   
   The above four categories are subject to the State Safety A Retirement Formula.
3. Employees who are brought into CalPERS membership for the first time on or after January 1, 2013, and who are not eligible for reciprocity with another California public employer as provided in Government Code section 7522.02(c) shall be subject to the “PEPRA Retirement Formula.” As such, the PEPRA changes to retirement formulas and pensionable compensation caps apply only to new CalPERS members subject to PEPRA as defined under PEPRA.
4. The table below lists the State Safety age/benefit factors for State Safety A, State Safety B, and PEPRA Safety retirement formulas.
   

   Age at Retirement	State Safety A Formula (2.5% at age 55) Employees hired prior to January 15, 2011	State Safety B Formula (2% at age 55) Employees first hired on and after January 15, 2011 and prior to January 1, 2013	PEPRA State Safety Formula (2% at age 57) Employees eligible for CalPERS Membership for the first time on and after January 1, 2013
   50	1.700	1.426	1.426
   51	1.800	1.522	1.508
   52	1.900	1.628	1.590
   53	2.000	1.742	1.672
   54	2.250	1.866	1.754
   55	2.500	2.000	1.836
   56	2.500	2.000	1.918
   57 and over	2.500	2.000	2.000

   
   
5. There are factors for attained quarter ages, such as 52 ¾. The improved retirement quarter age/benefit factors apply for service rendered on and after the effective date of the 1999-2001 Memorandum of Understanding between the State and the Union. The improved quarter factors also apply to past service that is credited under the State Safety retirement category.
6. Employee Retirement Contribution
1. As stated in Government Code section 20677.91, effective November 2, 2010, State Safety members shall contribute nine percent (9%) of monthly compensation in excess of three hundred seventeen dollars ($317) for retirement.
2. As stated in Government Code section 20683.2, effective July 1, 2013, State Safety members shall pay an additional one percent (1%) retirement contribution making the employee’s total contribution rate ten percent (10%) of monthly pensionable compensation in excess of three hundred seventeen dollars ($317).
3. As stated in Government Code section 20683.2, effective July 1, 2014, State Safety members shall pay an additional one percent (1%) retirement contribution making the employee’s total contribution rate eleven percent (11%) of monthly pensionable compensation in excess of three hundred seventeen dollars ($317).
4. Effective July 1, 2023, the employee contribution rates described in 17.4(F)(3) for State Safety A, State Safety B, and PEPRA State Safety retirement formulas shall be increased by one half percent (0.5%). State Safety members shall contribute eleven and one half percent (11.5%) of pensionable compensation in excess of three hundred seventeen dollars ($317) for retirement.
7. Final Compensation
   
   State Safety employees first hired on or after January 15, 2011, and prior to January 1, 2013, will, be subject to the two percent (2%) at age fifty-five (55) retirement formula with retirement benefits based on the highest average monthly pay rate during thirty-six (36) consecutive months of employment.
   
   State Safety employees in employment prior to January 15, 2011, will remain subject to the two and one-half percent (2.5%) at age fifty-five (55) retirement formula with benefits based on the highest average monthly pay rate during the thirty-six (36) consecutive months of employment.
   
   State Safety employees hired prior to January 1, 2007, will remain subject to the two and one-half percent (2.5%) at age fifty-five (55) retirement formula with benefits based on the highest average monthly pay rate during twelve (12) consecutive months of employment.

Enrollment in the State Safety Retirement category shall be prospective only and prior service shall remain under the miscellaneous or industrial retirement category.

1. PEPRA Definition of “Pensionable Compensation”
   
   Retirement benefits for employees subject to PEPRA are based upon the highest average pensionable compensation during a thirty-six (36) month period. Pensionable compensation shall not exceed the applicable percentage of the contribution and benefit base specified in Title 42 of the United States Code section 430 (b). The 2016 limits are $117,020 for members subject to social security and $140,424 for members not subject to social security. The limit shall be adjusted annually based on changes to the Consumer Price Index for all Urban Consumers.
2. Alternate Retirement Program (ARP) – New Employees
   
   Employees first hired on or after July 1, 2013 shall not be subject to the ARP. Existing ARP members are required to complete the twenty-four (24) month enrollment period. Upon completion of the twenty-four (24) month period, the employee shall make contributions to CalPERS. ARP members shall continue to be eligible for payout options beginning the first day of the forty-seventh (47th) month of employment and ending on the last day of the forty-ninth (49th) month of employment following the employee’s initial ARP hired date.
3. Equal sharing of Normal Cost
   
   As stated in Government Code sections 7522.30 and 20683.2, equal sharing between the State employer and State employees of the normal cost of the defined benefit plans shall be the standard for all plans and employees. It shall be the standard that all employees pay at least fifty percent (50%) of the normal cost and the State employer shall not pay any of the required employee contributions. “Normal cost” is determined annually by CalPERS.

The purpose of this Article is to implement the provisions contained in section 414(h)(2) of the Internal Revenue Code concerning the tax treatment of employee retirement contributions paid by the State of California on behalf of employees in Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21. Pursuant to section 414(h)(2) contributions to a pension plan, although designated under the plan as employee contributions, when paid by the employer in lieu of contributions by the employee, under circumstances in which the employee does not have the option of choosing to receive the contributed amounts directly instead of having them paid by the employer, may be excluded from the gross income of the employee until these amounts are distributed or made available to the employee.

Implementation for section 414(h)(2) is accomplished through reduction in wages pursuant to the provisions of this Article.

1. Definitions. Unless the context otherwise requires, the definitions in this Article govern the construction of this Article.
1. “Employees.” The term “employees” shall mean those employees of the State of California in Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 who make contributions to the STRS/CalPERS.
2. “Employee Contributions.” The term “employee contributions” shall mean those contributions to the STRS/CalPERS which are deducted from the salary of employees and credited to individual employee’s accounts.
3. “Employer.” The term “employer” shall mean the State of California.
4. “Gross Income.” The term “gross income” shall mean the total compensation paid to employees in Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 by the State of California as defined in the Internal Revenue Code and rules and regulations established by the IRS.
5. “Retirement System.” The term “retirement system” shall mean the STRS as made applicable to the State of California under the provisions of the State Teachers’ Retirement Law (California Education Code section 22000, et seq.) and CalPERS as made applicable to the State of California under the provisions of the California Public Employees’ Retirement Law (California Government Code section 20000, et seq.).
6. “Wages.” The term “wages” shall mean the compensation prescribed in this Agreement.
2. Pick Up to Employee Contributions
1. Pursuant to the provision of this Agreement, the Employer shall make employee contributions on behalf of employees, and such contribution shall be treated as employer contribution in determining tax treatment under the Internal Revenue Code of the United States. Such contributions are being made by the employer in lieu of employee contributions.
2. Employee contributions made under paragraph A of this Article shall be paid from the same source of funds as used in paying the wages of affected employees.
3. Employee contributions made by the employer under paragraph A of this Article shall be treated for all purposes other than taxation in the same manner and to the same extent as employee contributions made prior to the effective date of this Agreement.
4. “The employee does not have the option to receive the employer contributed amounts paid pursuant to this Agreement directly instead of having them paid to the retirement system.”
3. Wage Adjustment
   
   Notwithstanding any provision in this Agreement to the contrary, the wages of employees shall be reduced by the amount of employee contributions made by the employer pursuant to the provisions thereof.
4. Limitations to Operability
   
   This Article shall be operative only as long as the State of California pick up of employee retirement contributions continues to be excludable from gross income of the employee under the provisions of the Internal Revenue Code.
5. Non-arbitrability
   
   The parties agree that no provisions of this article shall be deemed to be arbitrable under the grievance and arbitration procedure contained in this Agreement.

1. Employees who are members of the Public Employees’ Retirement System (PERS) will be covered under the Fifth Level of the 1959 Survivor 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.
2. Pursuant to Government Code section 21581(c), the contribution for employees covered under this new level of benefits will be two dollars ($2) per month as long as the combined employee and employer cost for this program is four dollars ($4) per month or less per covered member. If the total cost of this program exceeds four dollars ($4) per month per member, the employee and employer shall share equally in the cost of the program.
   
   The rate of contribution for the State will be determined by the PERS board.
3. The survivors’ benefits are detailed in the following schedule:
   
   

   1.	A spouse who has care of two (2) or more eligible children, or three (3) or more eligible children not in the care of spouse	$1,800
   2.	A spouse with one eligible child, or two (2) eligible children not in the care of the spouse	$1,500
   3.	One (1) 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 60	$750

   
   

The parties agree that payments made under the sustained superior accomplishment award program will not be considered as compensation for purposes of retirement.

1. The Union agrees to the State safety retirement membership process as outlined in the provisions of Government Code sections 19816.20 and 20405.1 and will not be subject to the provisions of Government Code section 18717.
2. For those positions recommended by the Union pursuant to the provisions of A above, the State agrees to review positions that potentially meet requirements for safety retirement and to place all positions meeting safety retirement criteria into the safety retirement category following establishment by the SPB of the appropriate parenthetical safety classes.

1. Except as otherwise provided in this Agreement (e.g. Article 22, Article 23, etc.), a PI position or appointment is a position or appointment in which the employee is to work periodically or for a fluctuating portion of the full-time work schedule. A PI employee may work up to one thousand five hundred (1,500) hours in any calendar year based upon Government Code section 19100 et seq. The number of hours and schedule of work shall be determined based upon the operational needs of each department.
2. SPB rule 277 is one of the many employment alternatives the appointing power may use to fill vacant positions within a competitive selection process. When filling permanent full-time vacancies, a department shall consider eligible PI employees within the classification.
3. Each department may establish an exclusive pool of PI employees based upon operational need.
4. Each department shall endeavor to provide a PI employee with seven (7) calendar days but in no case less than seventy-two (72) hours’ notice of the employee’s work schedule, except when the employee is called in to fill in for unscheduled absences or for unanticipated operational needs.
5. Upon mutual agreement, a department head or designee may grant a PI employee a period of non-availability not to exceed twelve (12) months during which the employee may not be given a waiver. The period of non-availability may be revoked based on operational needs. An employee on non-available status who files for unemployment insurance benefits shall be immediately removed from such status.
6. A PI employee will become eligible for leave credits in the following manner:
1. Sick Leave - A PI employee who has completed one hundred sixty (160) hours of paid employment will be eligible for eight (8) hours of sick leave credit with pay. The hours in excess of one hundred sixty (160) hours in a qualifying monthly pay period shall not be counted or accumulated. On the first day of the qualifying monthly pay period following the completion of each period of paid employment, the PI employee shall earn eight (8) hours of credit for sick leave with pay subject to the following provisions:
1. Sick leave may be requested and taken in fifteen (15) minute increments.
2. A PI employee shall not be removed from scheduled work hours because the employee is on sick leave.
3. The administration of sick leave for PI employees shall be in accordance with Article 8, section 8.2, Sick Leave.
2. Vacation Leave - A PI employee will be eligible for a one-time vacation bonus of forty-two (42) hours of vacation credit following completion of the employee’s initial nine hundred sixty (960) hours of compensated work.
3. Thereafter, a PI employee will be eligible for vacation credit with pay in accordance with the schedule in Article 8, section 8.1(A), on the first day of the qualifying monthly pay period following completion of each period of one hundred sixty (160) hours of paid employment. The hours in excess of one hundred sixty (160) hours in a qualifying monthly pay period shall not be counted or accumulated. When it is determined that there is a lack of work, a department head or designee may:
1. Pay the PI employee in a lump-sum payment for accumulated vacation leave credits; or
2. By mutual agreement, schedule the PI employee for vacation leave; or
3. Allow the PI employee to retain the employee’s vacation credits; or
4. Effect a combination of a, b, or c above.
5. A PI employee will be subject to the provisions of section 8.1, Vacation/Annual Leave.
4. Annual Leave – A PI employee will be eligible for annual leave credit with pay, on the first day of the following qualifying monthly pay period following completion of one hundred sixty (160) hours of compensated work. Thereafter, a PI employee will be eligible for annual leave credit with pay in accordance with the schedule in section 8.1(C), on the first day of the qualifying monthly pay period following completion of each period of one hundred sixty (160) hours of paid employment. The hours in excess of one hundred sixty (160) hours in a qualifying monthly pay period shall not be counted or accumulated. When it is determined that there is a lack of work, a department head or designee may:
1. Pay the PI employee in a lump-sum payment for accumulated annual leave credits; or
2. By mutual agreement, schedule the PI employee for annual leave; or
3. Allow the PI employee to retain the employee’s annual leave credits; or
4. Effect a combination of a, b, or c, above.
5. A PI employee will be subject to the provisions of section 8.1, Vacation/Annual Leave.
5. Holidays –
1. A PI employee will be eligible for holiday pay on a pro rata basis, based on hours worked during the pay period for observed holidays specified in Article 7 of this Contract in accordance with the following chart. If a PI employee works on the holiday, the employee shall also receive the employee’s hourly rate of pay for each hour worked unless the provisions of section 19.2(B) apply.
   
   

   Hours on Pay Status During Pay Period	Holiday Compensation in Hours for Each Holiday
   0-10.9	0
   11-30.9	1
   31-50.9	2
   51-70.9	3
   71-90.9	4
   91-110.9	5
   111-130.9	6
   131-150.9	7
   151 or over	8*

   
   *Notwithstanding any other provision, an employee can only accrue up to eight (8) hours of holiday credit per holiday.
2. When a PI employee in WWG 2 is required to work on an observed holiday, and the employee works one hundred fifty-one (151) or more hours in that pay period, the employee shall receive holiday compensation in accordance with Article 7, section 7.1(G).
3. A PI employee will be eligible for a Personal Holiday (PH) following the completion of the employee’s initial nine hundred sixty (960) hours of compensated work. A PI employee will be eligible for a PH each July 1st thereafter and may accrue only one PH per fiscal year. A PI will receive paid time off for a PH on a pro rata basis as provided in the chart above, based upon the number of hours worked in the pay period during which the PH is taken.
6. Bereavement Leave – A PI employee may only be granted bereavement leave in accordance with Article 8, section 8.3, if scheduled to work on the day(s) for which the leave is requested and only for the number of hours the employee is scheduled to work on the day or days. A PI employee shall not be removed from scheduled work hours because the employee is on bereavement leave.
7. Jury Duty – A PI employee shall only be granted jury duty leave in accordance with section 8.14 if the employee is scheduled to work on the day(s) in which the service occurs and only for the number of hours the employee is scheduled to work on the day or days. If payment is made for such time off, the employee is required to remit to the State the fee(s) received. A PI employee shall not be removed from scheduled work hours because the employee is on jury duty. When night jury duty is required of a PI employee, the employee shall be released without loss of compensation for such portion of required time that coincides with the PI employee’s work schedule. This includes any necessary travel time.
8. State Disability Insurance (SDI) – PI employees shall be covered under the SDI benefit in accordance with section 9.17.
9. Mentoring Leave – A PI employee shall be eligible for mentoring leave in accordance with Article 8, section 8.17, Mentoring Leave.
7. Monthly paid PI employees shall be paid by the 15th of each month.
8. Health/Dental/Vision Benefits – A PI employee will be eligible for these benefits if the employee has been credited with a minimum of four hundred eighty (480) paid hours in one (1) of two (2) control periods. To continue benefits, a PI employee must be credited with a minimum of four hundred eighty (480) paid hours in a control period or nine hundred sixty (960) paid hours in two (2) consecutive control periods. For the 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 PI employee must enroll in these benefits within sixty (60) calendar days from the end of the qualifying control period.
9. PI employees will be entitled to continuation of health, dental, and vision benefits pursuant to Public Law 99-272, Title X, COBRA.
10. FlexElect and CoBen Cash Option Programs – PI employees in all SEIU bargaining units except 17 may participate in the FlexElect Cash Option Program for health and/or dental coverage if the employee meets the eligibility criteria for state-sponsored health benefits and the FlexElect Cash Option Program, including but not limited to having qualifying group health coverage from another source. Bargaining Unit 17 PI employees may participate in the CoBen Cash Option Program for health or health and dental coverage if the employee meets the eligibility criteria for state-sponsored health benefits and the CoBen Cash Option Program, including but not limited to having qualifying group health coverage from another source. PI Employees enrolled in Tricare, Medicare, Medi-Cal, Covered California, and other forms of individual health coverage, as defined by CalHR, are not eligible to participate or enroll in the CoBen or FlexElect Cash Options. PI employees choosing the FlexElect or CoBen Cash Option Program must also meet all of the following criteria:
1. must be eligible to enroll in health and/or dental coverage as of January 1 of the Plan Year for which the employee is enrolling and;
2. must have a PI appointment that is effective from January 1 through June 30 of the Plan Year for which the employee is enrolling and;
3. must be credited for at least four hundred eighty (480) paid hours during the January through June control period of the Plan Year for which the employee is enrolling and;
4. must have submitted the enrollment form during the FlexElect or CoBen open enrollment period or as newly eligible. This subdivision is not grievable or arbitrable.
11. The call-in/scheduling of a PI employee and the hours of work an individual PI employee may receive shall be applied without prejudice or personal favoritism. Each work site shall post the PI schedule and record of PI hours worked per week on an ongoing and weekly basis.
12. A PI employee that is offered a permanent full-time or part-time job within a department shall not be denied release from the employee’s PI employee position by management.
13. All remaining conditions of employment that relate to the PI employee shall be administered in accordance with existing rules and regulations, unless modified by this Contract.

1. Overtime is defined as any authorized time worked in excess of forty (40) hours per week.
2. For the purpose of computing the number of hours worked, time when an employee is excused from work because of holidays, sick leave, vacation, annual leave, compensating time off, or any other leave not listed below shall not be considered as time worked by the employee for the purpose of computing cash or compensating time off for overtime. Time spent on jury leave, military leave, subpoenaed witness leave, or under the provisions listed in paragraph J below shall be included for the purpose of computing cash or compensating time off for overtime.
3. Payment for authorized overtime may be by cash payment or compensating time off (CTO), at the discretion of the State.
4. Rate of payment for authorized overtime, whether cash or CTO, shall be at one and one-half (1-1/2) times the regular rate of pay for each hour of overtime worked, or fraction thereof rounded in accordance with the workweek group.
5. If the State does not schedule CTO within one year from the date the overtime was earned, the State must provide cash payment for the overtime or may, at the request of the employee, extend the time the employee can take CTO. For the purposes of this Contract section, authorized overtime is defined as overtime pre-approved by a designated supervisor. When an employee attempts to reach the designated supervisor for approval no later than thirty (30) minutes before the end of the employee’s shift, in order to request approval for overtime to complete mandated duties, failure of the supervisor to respond to the request or contact within thirty (30) minutes shall be construed as approved overtime authorization. Attempts for authorization must be supported by documentation as determined by departmental policy.
6. A Unit 17 employee may initiate a request for scheduling CTO which will not be denied without a work-related reason.
7. Both parties agree and understand that a different type of overtime payment (cash or CTO) may be provided to employees at different times and may even be different from employees in the same or similar situations.
8. Employees in classes assigned to WWG 2 shall be compensated for ordered overtime of at least fifteen (15) minutes at any one time. Overtime will be credited on a one-quarter (¼) hour basis with a full quarter of an hour credit granted if seven (7) minutes is worked. Smaller fractional units will not be accumulated.
9. In the DSH and DDS an employee shall have the choice of cash or CTO for overtime hours worked. Management shall have the option each fiscal year to compensate employees up to forty (40) hours with CTO. Prior to working overtime, the employee or the employer shall be notified if the overtime is to be paid in CTO. Employees may accrue up to one hundred (100) hours of compensating time off. All hours in excess of the one hundred (100) hour CTO maximum shall be compensated in cash. If cash compensation is paid to an employee for accrued CTO, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. Employees shall have the right to hold up to forty (40) hours of accrued CTO exempt from mandatory buyout.
10. Effective the pay period following ratification before an employee is required to work mandatory overtime, management will make every effort to schedule appropriate available employees prior to mandating overtime. This shall include, but not be limited to: Permanent Intermittent employees, Retired Annuitants and volunteers. As a last resort, to meet required staffing needs, when an employee is mandated to work overtime during a week with approved leave, other than sick leave, the employee will earn premium one and one half (1 ½ ) overtime compensation for hours worked over forty (40) combined leave use, other than sick leave, and hours worked in that week.

1. One (1) rest period of fifteen (15) minutes shall be scheduled by the supervisor during each four (4) hour segment worked by the employee. Employees shall be permitted to take breaks except when required to meet an unforeseen business necessity.
2. A rest period shall not be granted during the first or last hour of the work shift. Rest periods may not be accumulated, nor may rest periods be used for overtime purposes.
3. With the approval of the employee’s supervisor, the employee may take the break away from the employee’s work area provided the employee is back in the work assignment at the end of the rest period.

1. Except for employees who are assigned to a straight eight (8) hour shift, full-time employees will be allowed a meal period of not less than thirty (30) minutes nor more than sixty (60) minutes which shall be determined by the State.
2. Meal periods shall not be counted as part of total hours worked except for those employees who are required by the State to perform assigned duties or remain at the employee’s work station during meal periods. When employees are required to work through the employee’s meal period, the State shall either adjust the employee’s workweek schedule or credit the employee for the time worked.

Time necessary to “set up” and/or “shut down” a State function shall be part of the employee’s workday.

1. The provisions of this section shall apply only to Unit 17 employees in WWG 2.
2. An employee who shows up for work at an assigned starting time and has not been notified by the employer prior to reporting not to so report, shall be guaranteed at least four (4) hours of work or shall be paid a minimum of four (4) hours at the employee’s appropriate rate of pay.
3. When a training session is scheduled on an employee’s authorized day off and the training session is canceled without prior notice to the employee, the employee shall be guaranteed at least four (4) hours of work or shall be paid for a minimum of four (4) hours at the employee’s regular rate of pay.
4. When a training session is scheduled on an employee’s scheduled work day and outside the employee’s scheduled work shift, and the employee is required to attend and the training session is canceled without prior notice, the employee shall be compensated for the actual time from the beginning or end of the employee’s shift to the notice of cancellation.

1. Departments shall establish policies for flexible work hours and alternate work schedules for Unit 17 employees who desire to participate. It is understood, however, that all Unit 17 employees will comply with any sign-in procedures established by a department. Requests for participation in a flexible work hour or alternative work schedule program shall not be unreasonably denied.
   
   At the request of the Union, the departments agree to schedule a meeting at each facility to discuss Union proposals related to flexible hours and alternate work schedules, for level of care employees. Additional meetings may be scheduled with mutual agreement.
2. “Flexible work hours” allow for the change of work schedules on a daily basis. An “alternate work schedule” is a fixed work schedule other than regular/standard work hours.
3. A regular alternate work schedule shall not exceed twelve (12) hours per work day.
4. The affected employees shall be surveyed to determine the preferred work schedule. In the instance of a twelve (12) hour day workweek schedule, the choice shall be between 6 o’clock to 6 o’clock and 7 o’clock to 7 o’clock. A simple majority vote shall determine which twelve (12) hour schedule will prevail. The State may start the shift at thirty (30) minutes to the hour. The survey shall be jointly conducted by the Union and the Department designee. A written tabulation of the results shall be submitted to the Union.
5. Alternate work schedules include, but are not limited to four (4) consecutive ten (10) hour days (also known as “4 ten 40’s” and “9 eight 80’s”) with each week utilizing consecutive days.
6. Any denial of requests made under this section shall be in writing. In addition, permanent changes or cancellations to flexible work hours, alternate work schedules or reduced work time schedules shall not be made without prior adequate notice of at least thirty (30) calendar days to affected employees.
7. Upon request of the Union, departments will provide a copy of the employee’s formal written flexible work hours and alternate work schedule policies.
8. When a department intends to either establish and/or make major modifications in the department’s existing flexible work hours and/or alternate work schedule policy, the department shall notice in accordance with section 24.1.

1. Unit 17 employees shall be permitted to exchange hours of work with other employees in the same classification, performing the same type of duties within the same work area(s) provided:
1. The exchange and repayment shall occur within ninety (90) calendar days from date of approval;
2. The employees make a written request to the employee’s supervisor(s) at least twenty-four (24) hours prior to the exchange;
3. The supervisor(s) approves the exchange; and
4. The employee(s) exchanging hours of work shall waive consideration for any additional compensation (e.g., overtime, holiday credit/pay, shift differential) which the employee would not have otherwise received.
2. Employees who fail to adhere to the agreed upon conditions of the exchange shall be denied subsequent requests to exchange days off.

When traveling into a different time zone, the first day’s time is computed using the time zone in which the employee started. The time worked on subsequent days is computed by using the time zone in which the employee is working. The time worked on the return trip is computed using the time zone from which the employee departed.

1. An employee who has completed a normal work shift, when ordered back to work, shall be credited with a minimum of four (4) hours work time provided the call back to work is without having been notified prior to completion of the work shift, or the notification is prior to completion of the work shift and the work begins more than three (3) hours after the completion of that work shift.
2. When such an employee is called back under these conditions within four (4) hours of the beginning of a previous call or an additional call is received while still working on an earlier call back, the employee shall not receive an additional four (4) hours credit for the new call back.
3. When such an employee is called back within four (4) hours of the beginning of the employee’s next shift, call back credit shall be received only for the hours remaining before the beginning of the employee’s next shift.
4. When staff meetings, training sessions, or work assignments are scheduled on an employee’s authorized day off, the employee shall be credited with a minimum of four (4) hours of work time. When staff meetings and training sessions are scheduled on an employee’s normal workday and outside the employee’s normal work shift, overtime compensation shall be received in accordance with the rules governing overtime.
5. For reporting purposes, compensable time begins when the employee reports to the job site or begins work from a different site, which may include the employee’s home, approved by the department head or designee.

1. “Standby” is defined as the express and absolute requirement that an employee be available during specified off-duty hours to receive communication regarding a requirement to return to work and be fit and able to return to work, if required. It shall not be considered standby when employees are contacted or required to return to work but have not been required to be available for receipt of such contact.
2. Each department or designee may establish procedures with regard to how contact is to be made (e.g., electronic paging device, phone) and with regard to response time while on standby.
3. An employee who is required to be on standby status will be compensated in the following manner: for every eight (8) hours on standby, an employee shall receive two (2) hours of CTO, which may be prorated on the basis of fifteen (15) minutes CTO for each one hour of standby. Standby may not be scheduled in less than one hour increments.
4. No standby credit will be earned if the employee is called back to work and receives call back credit.
5. Standby and CTO credited as a result of standby shall not be considered time worked for purposes of qualifying for overtime.

1. BU 17 employees (by classification) shall be assigned mandatory overtime on a rotating basis by inverse seniority.
2. Each facility shall establish and maintain an up-to-date list, by inverse seniority of all full-time and part-time BU 17 employees (by classification). Staff shall only be assigned a mandatory slot once, until the entire list has been depleted. A current list shall either be emailed or placed in a shared drive folder accessible by all staff. The list shall be updated daily. This process shall be fully implemented no later than six (6) months after ratification.
   
   The list shall include all eligible staff and date of last mandate within twelve (12) months after ratification.
   
   At the California Health Care Facility (CHCF), this process shall be fully implemented no later than twelve (12) months after ratification.
   
   These timelines would not prohibit the department from implementing these processes earlier than prescribed above, if they are able.
   
   For the purpose of mandatory overtime rotation, employees who are charged FMLA leave shall be considered to have met the employee’s overtime obligation.
3. The State shall refrain from assigning mandatory overtime on a BU 17 employee’s RDO. For the purpose of this section, an employee’s RDO begins immediately after completion of the employee’s normal shift before the RDO, including any pre-approved time off.
4. It is not the State’s intent to mandate BU 17 employees to work mandatory overtime in classifications other than the employee’s own. Consistent with that expressed intent, a BU 17 employee may only be mandated to work in another classification when all other appropriate and possible staffing efforts have been exhausted and it is operationally necessary. (This expressed intent, however, does not preclude BU 17 employees from volunteering to work overtime in classifications other than the employee’s own when it is appropriate.)
5. Management shall make every attempt not to schedule BU 17 employees:
1. More than two (2) mandatory overtime shifts per month and implement reductions in accordance with section 19.38 and the Joint Labor Management Task Force; or
2. In excess of sixteen (16) hours continuously; or
3. In excess of two (2) overtime shifts within an employee’s scheduled work week; or
4. More than two (2) consecutive calendar days; or
5. On the same holidays in two (2) consecutive years. Holidays are defined as those listed in Article 7.1.
6. Upon request of an employee who has been on duty continuously for fifteen (15) or more hours, the employer shall have the option to allow the employee to:
1. Take the next shift off on vacation, CTO, or holiday credit as staffing permits.
2. Adjust the employee’s shift starting time to provide a ten (10) hour break between shifts.
3. Take two (2) hours off without pay at the start of the next shift to provide a ten (10) hour break.
7. A mandated holdover of two (2) hours or more is considered a mandated overtime.
8. While on vacation, pre-approved absence, or on full work day absence due to sick leave*, Union leave or State release time, or any other authorized absence from the facility, BU 17 employees will not be considered for mandatory overtime. Upon return to work, the BU 17 employee will return to the mandatory rotation in seniority order.
   
   *This includes instances where an employee was unable to complete the employee’s regular shift due to illness and had to be released from duty to go home.

1. The Departments recognize and understand the importance of reducing overtime to Unit 17 employees. To this end, the Departments will make every effort to schedule staff in a manner that will reduce the need for mandatory overtime. Both parties agree that mandatory overtime is an undesirable method of providing staff coverage.
2. A current mandatory overtime list shall either be emailed or posted on a bulletin board and/or placed in a location accessible by all Unit 17 staff. The list shall include all staff and date of last mandate. The list shall be updated daily.
3. There shall be no mandatory overtime on an employee’s RDO (an employee’s RDO begins at the end of the employee’s last scheduled shift in the workweek) or pre-approved day off, except:
1. In an emergency situation such as a natural disaster; or
2. During a state of emergency declared by the State or Federal authorities; or
3. During an emergency situation declared by a Superintendent, Executive Director or designee; or
4. During a severe internal emergency (e.g., an incident which necessitates assistance from an outside agency or a health care crisis); or
5. When the employee’s shift relief does not report for work or gave less than two (2) hours’ notice of intent not to report for work, an employee may be mandated if no volunteer is available.
4. Except in cases of emergency or planned program activity employees shall not be required to work:
1. More than two (2) mandatory overtime shifts per month and implement reductions in accordance with section 19.38 and the Joint Labor Management Task Force; or
2. In excess of sixteen (16) hours continuously in a forty-eight (48) hour period; or
3. In excess of two (2) mandatory overtime shifts in an employee’s scheduled work week; or
4. When an employee is required to work twelve (12) to sixteen (16) hours that employee shall not be mandated to work overtime the next calendar day.
5. It is not the intent to mandate employees to work overtime in classifications other than the employee’s own. Consistent with the expressed intent, an employee may only be mandated to work in another classification when all other appropriate and possible staffing efforts have been exhausted and it is operationally necessary. This expressed intent, however, does not preclude employees from volunteering to work overtime in classifications other than the employee’s own.
6. Before an employee is required to work mandatory overtime, every reasonable effort will be made to find an acceptable volunteer within the program where the employee works.
7. Upon request of an employee who has been on duty continuously for fifteen (15) or more hours, the employer shall have the option to:
1. Allow the employee to take the next shift off on vacation, CTO, or Holiday credit as staffing permits.
2. Adjust the employee’s shift starting time to provide a ten (10) hour break between shifts.
3. Allow the employee to take two (2) hours off without pay at the start of the next shift to provide a ten (10) hour break. Management will take into account the employee’s preference.
8. Employees shall not be made to work mandatory overtime on the same holidays in two (2) consecutive years. Holidays are defined as those listed in section 7.1.
9. For the purpose of mandatory overtime rotation, employees who are charged FMLA leave shall be considered to have met the employee’s overtime obligation in accordance with section C 1 above.
10. The department will endeavor to provide employees notice of at least ninety (90) minutes in advance notice of possible or actual mandatory overtime assignments.
11. While on vacation, pre-approved absence, or on full work day absence due to sick leave*, Union leave or State release time, or any other authorized absence from the facility, employees will not be considered for mandatory overtime.
    
    *This includes instances where an employee was unable to complete the employee’s regular shift due to illness and had to be released from duty to go home.

1. The State will attempt to provide Unit 17 employees with thirty (30) calendar days, but no less than fifteen (15) calendar days advance written notice of permanent shift changes including the reporting date of the change, shift start/stop times and regular days off (RDOs) when the change is made at other than the employee’s request. Upon written request by the employee, the department or its designee will provide the employee with a reason for the shift change in writing.
1. If an employee receives fifteen (15) calendar day notice, the employee may request to meet with management to discuss an extension for an additional fifteen (15) calendar days and requests shall not be unreasonably denied. This request shall not exceed a total of thirty (30) calendar days.
2. Unit 17 employees wishing to change shifts within a facility or program, if employed in twenty-four (24) hour facility, shall submit a written request to the facility/program management or designee. When management determines that a vacancy on the requested shift is available to a Unit 17 employee, the supervisor shall consider employees with shift change requests based on the needs of the clients/patients/wards/students/inmates, seniority, employee skills and abilities, performance and attendance, staffing requirements, and needs of the facility.
3. Unit 17 employees wishing to change shifts within the same ward or unit, if employed in a twenty-four (24) hour facility, shall submit a written request to the facility/program management or designee. When management determines that a vacancy on the requested shift is available to a Unit 17 employee, the supervisor shall consider employees with shift change requests based on the needs of the clients/patients/wards/students/inmates, seniority, performance and attendance, staffing requirements, and needs of the facility.
4. It is the intent of the State not to arbitrarily make temporary shift changes for punitive reasons or to avoid the payment of overtime.

1. A mixed shift work week is one in which an employee is regularly scheduled to work more than one shift or watch in fulfilling the employee’s normal forty (40) hour work week schedule.
2. Within thirty (30) days of receiving a written request from SEIU Local 1000, the State agrees to meet at the local worksite to discuss issues relating to the scheduling of mixed shift work weeks. At these local meetings, the parties shall seriously consider alternative scheduling methods for mixed shift work weeks as well as the following alternatives in lieu of full-time mixed shift work week assignments: using in-house registries, outside registries and intermittent work. Up to three (3) representatives of the Union shall be released without loss of compensation for these meetings.
3. It is the intent of the State not to arbitrarily make mixed shift work weeks for punitive reasons.

1. Approval for the use of accrued compensating time off (CTO), holiday credit, personal holiday, or vacation/annual leave credits shall not be rescinded unless the State determines the employee’s presence is necessary for coverage, workload, or the continuation of services. The State shall provide advance notice of such cancellation, whenever possible.
2. When scheduled CTO, holiday time off or vacation/annual leave is rescinded the State shall give priority consideration to the employee’s request to reschedule the rescinded time off.
3. If the employee suffers a financial loss from the cancellation of vacation/annual leave, holiday time off or CTO time approved in writing, the employee may submit a California Victim Compensation Board claim for nonrefundable expenditures which can be verified. The department shall support the claim, whenever possible.

1. WWG “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 forty (40) hours in a period of one hundred sixty-eight (168) hours or seven (7) consecutive twenty-four (24) hour periods.
2. ”WWG “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. Consequently, WWG “E” applies to classes and positions with no minimum or maximum number of hours in an average workweek. Exempt 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 eight (8) hours holiday credit when ordered to work on a holiday. A “salaried” employee may not receive any form of overtime compensation, whether formal or informal.
3. WWG “SE” applies to those positions that under the FLSA are statutorily exempted, (physicians, attorneys, and teachers) from coverage.

1. BU 17 classification employees shall be assigned voluntary overtime by departmental seniority, on a rotational basis by classification. Seniority scores will be determined by counting one point for each month of full-time qualifying service, i.e., from full-time hire date, less any time off for unpaid leave, suspensions, etc. In the event of ties, total state service will be used to determine seniority scores.
2. The CDCR/CCHCS shall establish lists of BU 17 employees by classification in seniority score order. BU 17 employees may sign up for voluntary overtime by adding the employee’s name to the VOR. To ensure equitable volunteer overtime opportunity, BU 17 employees shall be provided an opportunity to choose a voluntary overtime slot once. Thereafter, all other BU 17 employees will be provided the same volunteer overtime opportunity once, assuring each BU 17 employee is provided an opportunity for one sign up before returning to the most senior employee and beginning the process again (i.e., the rotation will again start at the top of the seniority list and work its way down).
3. If a specific position was indicated for the voluntary request, and was changed or no longer needed, the nursing supervisor will make all reasonable attempts to notify the affected BU 17 employee. If the BU 17 employee arrives to find the position changed or no longer needed, the BU 17 employee shall not be required to work that position, but may be offered an alternate assignment. If no alternate assignment is available, the BU 17 employee may choose to leave.
4. Once a BU 17 employee has signed up for voluntary overtime, it is the employee’s responsibility to work that position, unless the employee has given the nursing supervisor, or the employee’s designee, seventy-two (72) hours’ notice to enable the timely scheduling of a replacement.
5. A BU 17 RN may “bump” a scheduled registry nurse at any time during the month, provided the employee gives the nursing supervisor, or their designee, seventy-two (72) hours’ notice to enable them to notify the Registry that the employee will not be needed for the affected position.
6. BU 17 employees may volunteer to work overtime in classifications other than the employee’s own, when it is appropriate.

1. Upon request, and where practical, the State shall, upon consultation with the Union, establish a system to request and utilize qualified volunteers to perform overtime work from within the appropriate work area(s). The State shall distribute overtime fairly insofar as circumstances of health and safety permit, and provide employees notice of possible or actual overtime assignments by email, posting and/or placing a current VOT list in a location accessible by all Unit 17 staff.
2. Overtime shall first be offered to level-of-care employees for level-of-care overtime assignments before allowing other BU 17 classifications to work overtime. The State shall also consider the use of intermittents, in-house registries, or float pools.
3. BU 17 employees may volunteer to work overtime in classifications other than the employee’s own.

1. Notwithstanding any other contract provision, departmental policy or practice, the travel time of employees who are covered by WWG 2 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.
2. Nurse Practitioners called back to work under section 19.11 (Call Back Time) shall be provided one (1) hour compensated time off (CTO) for travel time.

1. Notwithstanding any other provisions of this Article, any Unit 17 employee desiring to work an alternate number of hours during the workweek (i.e., twelve [12] hour shifts) will do so with the understanding that overtime shall be computed on a forty (40) hour work week. Hours worked in excess of the pay period due to an employee’s normal work schedule will be treated as excess hours.
2. Vacation and sick leave (or annual leave) hours will continue to be accumulated in accordance with Article 8 (Leaves). Vacation and sick leave (or annual leave) hours used will be charged based on an employee’s scheduled work shift.
3. A maximum of eight (8) hours shall be credited for each holiday and personal holiday earned.

1. The Superintendent of a State Special School shall obtain input from employees during the development of the proposed academic calendar. Special School employees shall receive a copy of the proposed calendar prior to the adoption of the calendar. In addition, if a Special School proposes to change the number of in-service training days from the prior academic year, the Special School shall notify the teachers and obtain input.
2. During the term of this Contract, the Director of State Special Schools hereby agrees that they will provide the Union with copies of proposed academic calendars for each of the Special Schools for the following academic year by February 15. If the Union wishes to meet and confer relative to these calendars, it must request to do so. If a request to meet and confer is made and agreement on the calendar is not reached within forty-five (45) days from the date of notice to the Union, the Director shall be free to implement the calendar or calendars unilaterally. In the event of an emergency or of events beyond the control of the Director, the State Special School shall be free to make such change in any or all of the academic calendars for the Special Schools as are required by operational necessity.
3. Within thirty (30) calendar days of the adoption of an academic calendar, the State Special School shall provide a copy of the academic calendar to Special School employees.
4. Time limits established in subsection B and C above can be extended by mutual agreement of both parties.

1. To accomplish the strategic reduction of mandatory overtime, the parties agree to continue the Joint Labor Management Task Force (JLMTF) established in the 2016-2020 contract.
2. The JLMTF shall consist of an equal number of Union and CDCR/CCHCS committee members; not to exceed four (4) representatives for each side. Each shall appoint their own co-chair. At least one institutional Chief Nurse Executive or management designee shall be in attendance at each meeting. The dates and times shall be mutually determined and the committee members shall not suffer loss in compensation.
3. The JLMTF shall meet at least every other month to review mandatory overtime (MOT) data, determine the triggers that necessitate the use of MOT outside of emergencies, and develop strategies to help the different facilities work towards the reduction of mandatory overtime. By January 1, 2025, the JLMTF shall develop a written report that may include, but is not limited to, MOT data, previous reduction efforts, and any joint recommendations on reducing mandatory overtime shifts. The report shall be submitted to the department head and CalHR.

1. To accomplish the strategic reduction of mandatory overtime, the parties agree to continue the Joint Labor Management Task Force (JLMTF) established in the 2016-2020 contract.
2. The JLMTF shall consist of an equal number of Union and DSH committee members; not to exceed four (4) representatives for each side. Each shall appoint their own co-chair. At least one Nurse Administrator or management designee shall be in attendance at each meeting. The dates and times shall be mutually determined and the committee members shall not suffer a loss in compensation.
3. The JLMTF shall meet at least every other month to review mandatory overtime (MOT) data, determine the triggers that necessitate the use of mandatory overtime outside of emergencies, and develop to help the different facilities work towards the reduction of mandatory overtime. By January 1, 2025, the JLMTF shall develop a written report that may include, but is not limited to, MOT data, previous reduction efforts, and any joint recommendations on reducing mandatory overt shifts. The report shall be submitted to the department head and CalHR.

1. To accomplish the strategic reduction of mandatory overtime, the parties agree to continue the Joint Labor Management Task Force (JLMTF) established in the 2016-2020 contract.
2. The JLMTF shall consist of an equal number of Union and CalVet committee members; not to exceed four (4) representatives for each side. Each shall appoint their own co-chair. At least one Director of Nursing or management designee shall be in attendance at each meeting. The dates and times shall be mutually determined and the committee members shall not suffer a loss in compensation.
3. The JLMTF shall meet at least every other month to review mandatory overtime (MOT) data, determine the triggers that necessitate the use of mandatory overtime outside of emergencies, and develop strategies to help the different facilities work towards the reduction of mandatory overtime. By January, 2025, the JLMTF shall develop a written report that may include, but is not limited to, MOT data, previous reduction efforts, and any joint recommendations on reducing mandatory overtime shifts. The report shall be submitted to the department head and CalHR.

• 19.13.20 Overtime Mandatory Scheduling – Excluding California Department of Corrections and Rehabilitation LVNs and CNAs (Unit 20)
• 19.14.17 Overtime Mandatory Scheduling – California Department of Corrections and Rehabilitation and California Correctional Health Care Services (Unit 17)
• 19.14.20 Overtime Mandatory Scheduling – California Department of Corrections and Rehabilitation and California Correctional Health Care Services LVNs (Unit 20)
• 19.15.17 Overtime Mandatory Scheduling (Excluding CDCR) (Unit 17)
• 19.15.20 Overtime Mandatory Scheduling – California Department of Corrections and Rehabilitation and California Correctional Health Care Services CNAs (Unit 20)

1. Vacant Positions
   
   As Registered Nurse positions become available, or vacant, the positions shall be posted. The post and bid process is designed as a method to advertise and fill current position vacancies with existing employees.
2. Posted Positions
   
   Positions shall be posted in a prominent place where such notices are customarily posted on each unit and, in addition, may be advertised by each Veteran’s Home newsletter, e-mail bulletin board and any other method of advertisement. The posted notice shall be on a form designed for that purpose and shall include the following posted criteria:
   
   

   1.	Identification posting number
   2.	Level of position
   3.	Unit (or ward) or other assignment
   4.	Shift
   5.	Days off or rotation pattern and cycle
   6.	Time base and/or tenure
   7.	Deadline for bid submittal
   8.	Typical assigned duties if not a level of care Registered Nurse position
   9.	Description of duties to be performed (knowledge, skills and abilities)

   
   

   Each notice shall remain posted for no less than ten (10) calendar days.
3. Bidding
   
   Employees may bid on the posted position by filling out a bid form provided by the State. Bid forms shall be submitted in triplicate with the employee submitting the original to the appropriate central office, a copy to the Union, and the employee retaining a copy. Bid forms shall include the identification posting number, the employee’s name, classification, seniority points, current work location and business telephone number. The form must be dated and signed by the employee to indicate certification that the worksite has been visited.
4. Special Qualifications
   
   Employees bidding on assignments which require specialized training shall meet the skills, knowledge and abilities prior to the bid being placed. These special qualifications shall be defined in the bid notice.
5. Assignment
   
   Within twenty (20) calendar days after the posting of notice of vacancy, the position shall be assigned to the eligible bidding employee with the most state service seniority. However, in emergencies or where severe staffing shortages exist in the employee’s incumbent program, assignment may be delayed up to forty-five (45) calendar days after the posting of the notice.
6. Deletions and Changes
   
   If a bid position is deleted due to reduced allocations or for other reasons, then the employee in that position may bid on any vacant posted position.
   
   If, because of coverage or other legitimate operational need, it is determined that a bid position’s posting criteria must be altered in any respect, the employee filling that position shall be notified of the proposed changes and the reason for such change in writing. If the employee desires to remain in the altered position, the employee shall notify management of that desire within five (5) calendar days and shall remain in the position. A position shall not be considered to be altered when training is conducted on a shift other than the employee’s regularly scheduled shift and the employee is required to attend.
7. Floating
   
   If it becomes necessary to float employees to provide coverage, each work location (unit and shift) shall establish a rotational system that distributes floating on an equitable basis. The RN Shift Lead shall not be included in floating.
8. Transfers
   
   Employees holding bid positions shall not, except in cases of emergency, be involuntarily transferred or moved except as otherwise provided in this section.
9. Denial of Bid
   
   Employees who have adverse actions taken against them shall lose the employee’s right to hold a bid position and/or to bid on any positions for a period of up to six (6) months if such position or bid is meaningfully related to the cause of action. If, on appeal, the employee is exonerated, the employee’s right to bid and/or hold positions shall be restored. Employees who are charged with wrongdoing which is also grounds for adverse action may lose the employee’s right to bid and/or hold a bid position for a period of up to six (6) months, if such position or bid is meaningfully related to the cause of action. A hearing before the Veteran’s Home Administrator or designee may be requested by the employee.
   
   Employees who receive yearly evaluations which have two (2) or more categories marked below standard may lose the employee’s right to hold and/or bid positions for up to six (6) months, subject to review in three (3) months. If the evaluation is overturned by a reviewing officer or as a result of a grievance decision, the employee shall have the employee’s right to bid and hold positions restored. The reason for denial to bid shall be in writing and given to the employee.
   
   Employees losing the right to bid or hold positions as outlined above may be administratively transferred at the discretion of the State. Employees who have been absolved of wrongdoing as stated above, shall be accorded one successful bid so long as this bid is exercised within three (3) months of the decision absolving the employee.
10. Limits on Bid
    
    An employee may not make more than one (1) successful bid each twelve (12) months except that if an “employee’’ bid position is altered and the employee elects not to stay in the position, or if an employee is granted a bid under the provisions in subsection I above, these bids shall not be counted under this subsection. Exceptions to this limitation may be granted. Only permanent, full-time employees are eligible to bid in the Post and Bid process. Employees on probationary status shall not be eligible to bid on posted positions.
    
    Management may deny a bid which is submitted by an employee who is on limited duty status if it is determined that the duties of the posted position are in conflict with the work limitation(s) described by the employee’s physician. Upon request of the employee, a meeting will be held with the Veteran’s Home Administrator or designee prior to the final decision regarding the employee’s ability to bid.
11. Nepotism
    
    No bid shall be denied based solely on personal relationships. An employee may lose the right to hold and/or bid a position based on the Department’s nepotism policy in accordance with the following:
1. If such bid or position creates a nepotistic situation, notice must be given to the employee.
2. Assignments not in conformance with this subsection shall be corrected by transfer or other appropriate action within ninety (90) days.
3. Nothing in this subsection shall prohibit the employee and/or the Union from filing a grievance.
12. Meet and Discuss
    
    Either party may request a meet and discuss regarding any problem or concern with the Post and Bid procedure. This request will be honored by the non-requesting party in the form of a meeting within thirty (30) days of the request.
13. Post and Bid Review
    
    At each Veteran’s Home, management shall designate an official who shall be responsible for the administration of the Post and Bid provision. Upon request, the Post and Bid administrator shall meet periodically with SEIU representatives for the purpose of reviewing compliance with the Post and Bid provision.
14. For purpose of this Agreement, “seniority” is defined as one (1) point for each qualifying month of full-time state service.
15. Implementation and Applicability
    
    The provisions of this section will be implemented six (6) months after ratification of the Agreement by both the State and the Union membership.

1. Vacant Positions
   
   As management determines that Registered Nurse positions become available, or vacant, the positions shall first be reviewed by the State to determine whether the positions shall be posted or filled without posting.
   
   If the State determines to fill the position without posting, the position may be filled by hire, transfer, promotion, or any other method allowed by the Civil Service System. Such positions may be advertised where appropriate, but will be filled through the sole discretion of the State. As positions become vacant and determinations are made by the State, the excess of non-posted positions over posted positions shall not exceed two (2) at any hospital or developmental center at any time. In no case shall more than sixty-five percent (65%) of the filled Registered Nurse positions in a hospital/developmental center be held by employees through successful bids.
   
   The post and bid process is designed as a method to advertise and fill current position vacancies with existing employees. The filling of vacancies by either promotion from an eligible list or external lateral transfers is not subject to the post and bid procedure.
2. Posted Positions
   
   Those positions which are determined to be posted shall be posted in a prominent place where such notices are customarily posted on each unit and, in addition, may be advertised in each hospital’s/developmental center’s publication. The posted notice shall be on a form designed for that purpose and shall include the following posting criteria:
   
   

   1.	Identification posting number
   2.	Level of position
   3.	Program and unit (or ward) or other assignment
   4.	Shift
   5.	Days off or rotation pattern and cycle
   6.	Time base
   7.	Deadline for bid submittal
   8.	Indication of an “incentive bid position”
   9.	Location where bid is to be submitted

   
   

   Each notice shall remain posted for no less than seven (7) calendar days.
3. Bidding
   
   Employees may bid on the posted position by filling out a bid form provided by the State. Bid forms shall be submitted in triplicate with the employee submitting the original to the appropriate central office, a copy to the Union, and the employee retaining a copy. Bid forms shall include the identification posting number, the employee’s name, classification, seniority points, current work location and business telephone number. The form must be dated and signed by the employee to indicate certification that the worksite has been visited.
   
   Posted positions shall be available for bid only to those employees in the civil service classification specified on the posted notice.
4. Assignment
   
   Within fifteen (15) calendar days after the posting of notice of vacancy, the position shall be assigned to the eligible bidding employee with the most seniority. However, in emergencies or where severe staffing shortages exist in the employee’s incumbent program, assignment may be delayed up to sixty (60) calendar days after the posting of notice. If no bids are received, management shall withdraw the bid notice. The withdrawn notice does not count against either party’s ratios or 65/35 position count. These positions may be filled:
   
   

   1.	In accordance with subsection A above, or
   2.	Hire, promotion, reinstatement, transfer from within the facility or from another State hospital/developmental center or other State agency.

   
   If that position is filled or committed within sixty (60) days of withdrawal of posting under (2) above, it shall not count in the 50/50 posting ratios.
5. Incentive Bid Position
   
   A vacant position that is posted two (2) consecutive times and remains unbid may be identified as an “incentive position” on the third consecutive posting. In a program identified as a “designated program” an unbid position may be identified as an incentive position on the second consecutive posting.
   
   An employee who successfully bids an incentive position and remains in the position for one (1) year shall be accorded super-seniority for the employee’s next successful bid. When two (2) or more employees with super-seniority bid, the position shall be awarded as follows:
   
   

   1.	Length of super seniority
   2.	Seniority
   3.	By lot

   
   

   Incentive positions that are not bid upon may be filled through internal transfer from within the hospital without counting in the posting ratios or position counts. The employee is then eligible to receive super-seniority in the same manner as an employee who bid the position. Employees who successfully bid an incentive position and are bidding in-place (same unit and shift as the posted position) shall not be eligible to earn the super-seniority. In “designated programs” the super-seniority eligibility shall be limited to positions awarded to employees from outside the program only.
   
   The facility shall provide the Union with a weekly listing of “designated programs.”
   
   An employee in an incentive position that is deleted or altered in accordance with subsection E shall retain the eligibility to earn super-seniority if the employee elects to remain in the altered or changed position. Employee absences due to illness or injury shall not be counted after the fourteenth (14th) consecutive calendar day toward the one (1) year qualifying period to earn super-seniority.
6. Deletions and Changes
   
   If a bid position is deleted due to reduced allocations or for other reasons, then the employee in that position may bid on any vacant posted position.
   
   If, because of coverage or other legitimate operational need, it is determined that a bid position’s posting criteria must be altered in any respect, the employee filling that position shall be notified of the proposed changes and the reason for such change in writing. If the employee desires to remain in the altered position, the employee shall notify management of that desire within five (5) calendar days and shall remain in the position. A position shall not be considered to be altered when training is conducted on a shift other than the employee’s regularly scheduled shift and the employee is required to attend.
7. Floating
   
   If it becomes necessary to float employees to provide coverage, each work location (unit and shift) shall establish a rotational system that distributes floating on an equitable basis.
8. Exempt Positions
   
   When a non-licensed employee receives the employee’s license and is subsequently appointed to the Registered Nurse classification, the employee shall not be considered as a new hire for purposes of counting positions under subsections A, C, D, or E.
9. Transfers
   
   Employees holding bid positions shall not, except in cases of emergency, be involuntarily transferred or moved except as otherwise provided in this section.
10. Denial of Bid
    
    Employees who have adverse actions taken against them shall lose the right to hold a bid position and/or to bid on any positions for a period of up to six (6) months if such position or bid is meaningfully related to the cause of action. If, on appeal, the employee is exonerated, the employee’s right to bid and/or hold positions shall be restored. Employees who are charged with wrongdoing, which is also grounds for adverse action, may lose the employee’s right to bid and/or hold a bid position for a period of up to six (6) months, if such position or bid is meaningfully related to the cause of action.
    
    A hearing before the Executive Director or designee is required prior to such denial.
    
    Employees who receive yearly evaluations which have two (2) or more categories marked below standard may lose the right to hold and/or bid positions for up to six (6) months, subject to review in three (3) months. If the evaluation is overturned by a reviewing officer or as a result of a grievance decision, the employee shall have the employee’s right to bid and hold positions restored.
    
    Employees losing the right to bid or hold positions as outlined above may be administratively transferred at the discretion of the State. Employees who have been absolved of wrongdoing as stated above, shall be accorded super-seniority for one (1) successful bid so long as this bid is exercised within three (3) months of the decision absolving the employee.
11. Limits on Bid
    
    An employee may not make more than one (1) successful bid each twelve (12) months except that if an employee’s bid position is altered and the employee elects not to stay in the position, or if an employee is granted a bid under the provisions in subsection J above, these bids shall not be counted under this subsection. Exceptions to this limitation may be granted. Employees on probationary status shall not be eligible to bid on posted positions.
    
    Management may deny a bid which is submitted by an employee who is on limited duty status if it is determined that the duties of the posted position are in conflict with the work limitation(s) described by the employee’s physician. Upon request of the employee, a meeting will be held with the Executive Director or designee prior to the final decision regarding the employee’s ability to bid.
12. Nepotism
    
    No bid shall be denied based solely on personal relationships. An employee may lose the right to hold and/or bid a position based on the Department’s nepotism policy in accordance with the following:
1. If such bid or position creates a nepotistic situation, notice must be given to the Union.
2. Representatives of the Union and the State shall meet and review the situation.
3. Assignments not in conformance with this subsection shall be corrected by transfer or other appropriate action within ninety (90) days.
4. Nothing in this subsection shall prohibit the employee and/or the Union from filing a grievance.
13. Meet and Discuss
    
    Either party may request a meet and discuss regarding any problem or concern with the Post and Bid procedure. This request will be honored by the non-requesting party in the form of a meeting within thirty (30) days of the request.
14. At each hospital or developmental center, management shall designate an official who shall be responsible for the administration of the Post and Bid provision. Upon request, the Post and Bid administrator shall meet periodically with SEIU Local 1000 representatives for the purpose of reviewing compliance with the Post and Bid provision. At the request of the local SEIU Local 1000 job steward or representative, the Post and Bid administrator shall provide information relative to the specific post and bid request.
    
    At each facility, the Post and Bid administrator shall maintain information relative to the post and bid process specific to Unit 17 employees. This report shall include, at a minimum, a month by month record of all post and bid and management discretion positions filled, including position regular days off, cycle schedule, shift and location; identify positions posted, bids received and awarded, positions posted receiving no bids and those subsequently filled without counting against management discretion.
15. For purposes of this Agreement, “seniority” is defined as one (1) point for each qualifying month of full-time state service.
16. Implementation and Applicability
    
    The provisions of this section will be implemented six (6) months after ratification of the Agreement by both the State and the Union membership. As used in this section, the term “Registered Nurse” refers to the classification of “Registered Nurse” in the Department of Developmental Services and to the classification of “Registered Nurse (Forensic Facility)” in the Department of State Hospitals or Department of Developmental Services.

1. Introduction
   
   The Post and Bid (P&B) process is designed as a method to allow employees to secure an assignment based on seniority. Contained in this section are the provisions for the “24 Month P&B Process” which allows employees to bid twenty-four (24) month assignments and the “Interim Vacancy Bidding Process” which addresses vacancies that occur while the twenty-four (24) month assignments are in effect.
1. The Chief Medical Officer (CMO) or their designee shall have responsibility for implementation and maintenance of this procedure at each facility and shall ensure compliance.
2. The word “assignment” as used in this section is synonymous with that of “position”.
3. Participation in the P&B process is limited to eligible employees. An eligible employee:
1. Must be a permanent full-time RN; probationary employees are excluded.
2. Must be permanently assigned to and work at the institution; eligible employees may participate only in the employee’s institution’s P&B process. There shall be no inter-institution bidding on assignments.
4. Excluded Assignments
   
   Specialty areas shall be excluded from the P&B process. Such areas shall be Intensive Treatment Program nurses, Intensive Behavioral Treatment Program nurse, Infection Control nurse, Utilization Review nurse, Sick and Vacation Relief, Special Program at Preston, ICF/DMH Program at SYCRCC and CTC/MH Programs. Those RN qualifying posts which are considered specialty areas shall be counted as neutral assignments, that is, the posts shall not be counted in either Management’s or Union’s positions.
5. Special Qualifications
   
   Employees bidding on assignments which require specialized training shall meet the skills, knowledge, and abilities prior to the bid being placed. These special qualifications shall be defined in the bid notice.
6. Seniority
   
   For purposes of this Agreement, “seniority” is defined as one (1) point for each qualifying month of full-time Division of Juvenile Justice Unit 17 service, with ties broken by one (1) point for each qualifying month of full-time Unit 17 service.
7. Limits on Bid
   
   An employee may not make more than one (1) successful open assignment bid each twelve (12) months except when an employee’s bid assignment is substantially modified and the employee elects not to stay in the position or as provided in section G (1) and G (2) or if an employee is granted a bid under the provisions of subsection I if these occur, the employee shall have the right to bid again. Exceptions to this limitation may be granted.
8. Pre-Bid Meet and Discuss
   
   Prior to each P&B cycle, a local meet and discuss at each complex and/or facility to discuss the 70/30 pattern shall occur. Upon request, prior to the meet and discuss, each facility shall provide post orders and job descriptions for each position.
2. Twenty-four (24) Month Bid Process
1. There shall be seventy percent (70%) of the RN qualifying post assignments (excluding specialty areas) in the CDCR allotted according to seniority at each facility.
   
   Any new seniority positions as a result of the increase in percentages of the total seniority shall be posted for bid within ninety (90) calendar days of the ratification of the Contract by both parties. The term for these positions will end at the same time as the institution’s original post and bid period.
2. Participation in the twenty-four (24) month P&B process is voluntary. The choice not to participate shall result in management assigning the individual to an assignment that remains unfilled after this bid process is completed.
3. Timeframes
1. The twenty-four (24) month bid cycle begins in the month of April 2008, for those employees who wish to participate. An updated seniority roster and a listing of all available assignments open for bid shall be posted no later than April 1st every other year.
2. Unless otherwise contested by April 15, an employee’s seniority as posted on April 1, shall determine the employee’s placement on the seniority list.
3. All approved bid request forms must be completed and submitted, in accordance with the “Bidding” provision below, no later than 4:00 p.m. on May 1, or 4:00 p.m. on the following Monday if the date falls on the weekend. An employee may write more than one (1) bid preference on the bidding form in priority order.
4. An employee may voluntarily withdraw from participation in the twenty-four (24) month Bid Process by submitting a written request to the employee’s supervisor. Employees who withdraw will be assigned at management’s discretion. These assignments shall be counted neutral; that is, the assignments shall not be counted in either Management’s or Union’s positions.
5. Failure on the part of the employee to submit a request form by 4:00 p.m. on May 1, shall result in a no preference indicated (NPI) for the employee. The employee will then be assigned an assignment at management’s discretion. These assignments shall be counted neutral; that is, the assignments shall not be counted in either Management’s or Union’s positions.
6. At the end of the bid period, management will make the assignments based on the highest seniority of the bidders. Any assignment that does not receive a bid shall be filled at management’s discretion.
7. The new assignments will begin the second Monday in July first watch.
8. The time frames will be agreed upon at the local level by the Union and Management.
3. Interim Vacancy Bidding Process
1. The interim bidding process is designed as a method to provide current employees the opportunity to move to vacant assignments, if management determines to fill the vacant position, created while the twenty-four (24) month assignments are in place, using seniority as the deciding factor on who will secure an assignment that is available by bid. The vacant assignments that have been determined by management to be filled by bid shall be subject to the terms and conditions of this section.
2. As RN assignments become available, the assignments shall first be reviewed by the State to determine whether the assignments will be filled, posted for bid, or filled without posting.
3. The filling of vacancies by either promotions from eligible list or external lateral transfers are not subject to P&B.
4. If the State determines to fill the assignment without posting, the assignment may be filled by hire, transfer, promotion, or any other method allowed by the Civil Service System. Such assignments may be advertised where appropriate, but will be filled through the sole discretion of the State.
5. The excess of non-posted assignments over posted assignments at each institution shall not exceed two (2) at any time. In no case shall more than seventy percent (70%) of the filled RN assignments (as defined above) be held by employees through successful bids.
6. Each notice shall remain posted as provided for in “Posting Assignments” for no less than fifteen (15) calendar days. Employees may bid for these assignments using the “Bidding” process below. All bids must be submitted by 4:00 p.m. on the fifteenth (15th) day of posting.
7. At the end of the fifteen (15) day bid period, the eligible bidded employee with the highest seniority score shall be placed in the assignment. Any assignment that received no bid shall be filled at management’s discretion and shall be counted neutral.
4. Posting Assignments
   
   Those assignments, which are determined to be posted, shall be posted in a prominent place where such notices are customarily posted. The posted notice shall be dated and on a form designed for that purpose and shall include the following criteria:
1. Identification posting number
2. Unit (or ward) or other assignment
3. Shift
4. Days off or rotation pattern and cycle
5. Time base
6. Deadline for bid submittal and where to be submitted
7. Special qualifications (if any)
5. Bidding
1. Employees may bid on the posted assignment by filling out a bid form provided by the State. The bidding employee shall submit the completed bid form to the following:
   
   

   a.	The original to the location designated on the bid form,
   b.	A copy to the Union designated steward, and
   c.	The bidding employee.

   
   Bid forms shall include the identification posting number, the employee’s name, classification, seniority points, current work location, and business telephone number. The form must be dated and signed by the employee.
2. An otherwise eligible employee absent from the work site during the bid process for such reasons, including but not limited to EIDL; SDI; Worker’s Compensation; leave of absence; annual military leave; illness, etc., may participate in the bid process. Employees must assume the assignment within sixty (60) days of the posting of the bid results. After sixty (60) days management shall decide whether or not to fill the position. If management fills the position it shall be counted neutral until the next twenty-four (24) month bid cycle.
3. In the event the employee is unable to assume the assignment within the sixty (60) calendar days, the employee may be placed in another assignment at management’s discretion.
6. Other Factors
1. Short term absences of not more than sixty (60) calendar days from the employee’s assignment, including special assignments, injuries on the job, and acting assignments, will not preclude the employee’s return to the assignment after being determined the employee qualifies to resume such duties.
1. If absence is more than sixty (60) calendar days, the appointing authority may authorize an employee’s return to the assignment or same watch/RDO’s if the absence was generated by a management decision.
2. An employee exceeding the sixty (60) calendar day limit for an absence due to EIDL will be assigned to the same assignment or same watch/RDO for the remainder of the bid period.
3. An employee exceeding the sixty (60) calendar day limit for any other reason will at least be assigned commensurate with the employee’s watch preference.
2. A waiting list will be established with those employees who have been removed from an assignment as a result of a correction to a seniority date or due to management error in assigning the employee.
3. Employees who laterally transfer after May 1 will be precluded from the bid process until the next open bid period.
7. Deletions and Changes
1. If a bid assignment is deleted due to reduced allocations or other reasons, and there is an employee in the deleted assignment, then the employee may bid on any vacant posted assignment.
2. If because of coverage or other legitimate operational need, it is determined that a bid assignment’s posting criteria must be altered, the employee filling that assignment shall be notified of the proposed changes and the reason for such change in writing. If the employee desires to remain in the altered assignment, the employee shall notify management of that desire within five (5) calendar days and shall remain in the assignment. An assignment shall not be considered altered when the training is conducted on a shift other than the employee’s regularly scheduled shift and the employee is required to attend.
8. Transfers
   
   Employees holding bid assignments shall not, except in cases of emergency or as otherwise provided for in this section, be involuntarily transferred to another assignment.
9. Denial of Bid
1. Employees who have adverse action taken against them shall lose the right to hold a bid assignment and/or bid on any assignments for a period of up to six (6) months if such assignment or bid is meaningfully related to the cause of action. If the employee is exonerated on appeal, the employee’s right to bid or hold assignments shall be restored. Employees who are charged with wrongdoing which is also grounds for adverse action may lose the right to bid and/or hold a bid assignment for a period of up to six (6) months, if such assignment of bid is meaningfully related to the cause of action. A meeting before the Director or designee is required prior to such denial.
2. An employee may be temporarily removed from the bid assignment pending a personnel/EEO investigation, but will be assigned to substantially similar start/stop time and RDO if possible. Once the investigation has been concluded and if the charges have not been substantiated, the employee shall be returned to the employee’s bid assignment.
3. Employees who receive yearly evaluations which have two (2) or more categories marked below standard may lose the right to hold and/or bid assignments for up to six (6) months, subject to review in three (3) months. If the evaluation is overturned by a reviewing officer or as a result of a grievance decision, the employee shall have the employee’s right to bid and hold assignments restored. The reason for denial to bid shall be in writing and given to the employee.
4. Employees losing the right to bid or hold assignment as outlined above may be administratively transferred to the same watch without regard to RDO. Employees who have been absolved of wrongdoing as stated above, shall be accorded one (1) successful bid so long as this bid is exercised within three (3) months of the decision absolving the employee.
5. If for some reason, other than specified previously, it becomes necessary to change an employee who has exercised the employee’s eligibility for a bid assignment, that employee shall be job changed to a new post possessing similar RDO’s on the same watch, if available and if requested by the employee.
6. Management may deny a bid which is submitted by an employee who is on limited duty status if it is determined that the duties of the posted position are in conflict with the work limitation(s) described by the employee’s physician. Upon request of the employee, a meeting will be held with the Director or designee prior to the final decision regarding the employee’s ability to bid.
10. Floating
    
    If it becomes necessary to temporarily float employees to another Unit 17 position in order to provide coverage, each work location (unit and shift) shall establish a rotational system that distributes floating on an equitable basis. The RN Shift Lead shall not be included in floating.
11. Involuntary Removal
    
    Management may remove an employee from a bid position when the employee fails to demonstrate that the employee has the knowledge and skills required to perform the duties of the position. The employee shall be placed in a position with the same RDO’s and substantially similar start/stop times. The vacated position shall be subject to the interim bid process.
12. Nepotism
1. No bid shall be denied based solely on personal relationships. An employee may lose the right to hold and/or bid a position based on the Department’s nepotism policy in accordance with the following:
2. If such bid or position creates a nepotism situation, notice must be given to the employee.
3. Assignments not in conformance with this subsection shall be corrected by transfer or other appropriate action within ninety (90) days.
4. Nothing in this subsection shall prohibit the employee and/or the Union from filing a grievance.
13. Disputes
1. Disputes concerning this section shall be grievable to the Director’s level of review and shall not be arbitrable;
2. Either party may request a meet and discuss regarding any problem or concern with the Post and Bid procedure. This request will be honored by the non-requesting party in the form of a meeting within thirty (30) days of the request;
3. An employee alleging seniority date errors/disputes and is unable to resolve the problem with verbal communication shall submit a complaint to the first formal level of review within the normal time frames specified in the grievance process;
4. Errors in favor of the employee will result in the adjustment of the employee’s seniority date. The employee shall then have first preference on the first available bid position; or
5. The employee has the right to go on a waiting list for the next available slot matching the employee’s bid for the watch and RDO.
14. Implementation and Applicability
    
    Contractual right to Post and Bid for Shift Preference/RDO’s shall remain in effect with no position changes at those affected institutions until Article 20.8.17 is implemented and the yearly bid process begins in April 2008. Implementation of the Post and Bid process at new institutions will begin the first April following activation (receipt of youth).
15. Other Considerations
    
    For the initial process in 2008, it is the intent to make every attempt to begin the process March 1, 2008, but no later than as defined in section B.3.

1. Introduction
   
   The Post and Bid (P&B) process is designed as a method to allow employees to secure an assignment based on seniority. Contained in this section are the provisions for the “24 Month P&B Process” which allows employees to bid twenty-four (24) month assignments and the “Interim Vacancy Bidding Process” which addresses vacancies that occur while the twenty-four (24) month assignments are in effect.
1. The Chief Nurse Executive (CNE) or their designee shall have responsibility for implementation and maintenance of this procedure at each facility and shall ensure compliance.
2. The word “assignment” as used in this section is synonymous with that of “position”.
3. Participation in the P&B process is limited to eligible employees. An eligible employee:
1. Must be a permanent full-time RN; probationary employees are excluded.
2. Must be permanently assigned to and work at the institution. Eligible employees may participate only in the employee’s institution’s P&B process. There shall be no inter-institution bidding on assignments.
4. Excluded Assignments
   
   Specialty areas shall be excluded from the P&B process. Such areas shall be dialysis, utilization management, and infection control. Those RN qualifying posts which are considered specialty areas shall be counted as neutral assignments, that is, the assignments shall not be counted in either Management’s or Union’s positions.
5. Special Qualifications
   
   Employees bidding on assignments which require specialized training shall meet the skills, knowledge, and abilities prior to the bid being placed. These special qualifications shall be defined in the bid notice.
6. Seniority
   
   For purposes of this Agreement, “seniority” is defined as one (1) point for each qualifying month of full-time Departmental Unit 17 service, with ties broken by one (1) point for each qualifying month of full-time State service. If a further tie exists, then ties will be broken by “lottery” thereafter.
7. Limits on Bid
   
   An employee may not make more than one (1) successful open assignment bid. All employees shall remain in the employee’s initial successful bid for twelve (12) months from the day the post is awarded except when an employee’s bid assignment is substantially modified and the employee elects not to stay in the position or as provided in section G.1. and G.2. or if an employee is granted a bid under the provisions of subsection “I”. If these occur, the employee shall have the right to bid again. Exceptions to this limitation may be granted.
2. Twenty-four (24) Month Bid Process
1. There shall be eighty percent (80%) of the RN qualifying post assignments (excluding specialty areas) in the California Department of Corrections and Rehabilitation (CDCR) allotted according to seniority at each facility that provides healthcare.
1. Any new seniority positions as a result of the increase in percentages of the total seniority shall be posted for bid within ninety (90) calendar days of the ratification of the Contract by both parties. The term for these positions will end at the same time as the institution’s original post and bid period.
2. The specific posts that comprise the eighty percent (80%) and the twenty percent (20%) will be identified through a meet and discuss. The Union and Management will identify an equitable distribution of the preferred work areas, watches, and RDOs between Management and bid assignments. Upon request, post orders and duty statements will be provided for each of the positions prior to the meet and discuss. During the meet and discuss, management and the union shall determine if a walk up or paper bid process will be conducted.
3. Participation in the twenty-four (24) month P&B process is voluntary. The choice not to participate shall result in management assigning the individual to an assignment that remains unfilled after this bid process is completed.
4. Timeframes
1. The twenty-four (24) month bid cycle begins in the month of October, for those employees who wish to participate. An updated seniority roster and a listing of all available assignments open for bid shall be posted no later than October 1 every other year.
2. Unless otherwise contested by October 15, an employee’s seniority as posted on October 1, shall determine the employee’s placement on the seniority list.
3. All approved bid request forms must be completed and submitted, in accordance with the “Bidding” provision below, no later than 4:00 p.m. on November 1, or 4:00 p.m. on the following Monday if the date falls on the weekend. An employee may write more than one (1) bid preference on the bidding form in priority order.
4. An employee may voluntarily withdraw from participation in the twenty-four (24) month Bid Process by submitting a written request to the employee’s supervisor. Employees who withdraw will be assigned at management’s discretion. These assignments shall be counted neutral; that is, the assignments shall not be counted in either Management’s or Union’s positions.
5. Failure on the part of the employee to submit a request form by 4:00 p.m. on November 1, or failure to show up at the allotted time for a walk up bid, shall result in a no preference indicated (NPI) for the employee. The employee will then be assigned an assignment at management’s discretion. These assignments shall be counted neutral; that is, the assignments shall not be counted in either Management’s or Union’s positions.
6. At the end of the bid period, management will make the assignments based on the highest seniority of the bidders. Any assignment that does not receive a bid shall be filled at management’s discretion.
7. The new assignments will begin the second Monday in January first watch.
8. The time frames will be agreed upon at the local level by the Union and Management.
3. Interim Vacancy Bidding Process
1. The interim bidding process is designed as a method to provide vacant assignments, if Management determines to fill the positions, created while the twenty-four (24) month assignments are in place, using seniority as the deciding factor on who will secure an assignment that is available by bid. The vacant assignments that have been determined by management to be filled by bid shall be subject to the terms and conditions of this section.
2. As RN assignments become available, the assignments shall first be reviewed by the State to determine whether the assignments will be filled, posted for bid, or filled without posting. Interim bids shall be conducted so that the percentages specified in this section are maintained throughout the twenty-four (24) month cycle. Upon request, SEIU shall be provided updated information regarding the post and bid split in order to ensure maintenance of the ratio as describe above.
3. The filling of vacancies by either promotions from eligible lists or external lateral transfers are not subject to P&B.
4. If the State determines to fill the assignment without posting, the assignment may be filled by hire, transfer, promotion, or any other method allowed by the Civil Service System. Such assignments may be advertised where appropriate, but will be filled through the sole discretion of the State.
5. The excess of non-posted assignments over posted assignments at each institution shall not exceed two (2) at any time. In no case shall more than eighty percent (80%) of the filled RN assignments (as defined above) be held by employees through successful bids.
6. Each notice shall remain posted as provided for in “Posting Assignments” for no less than fifteen (15) calendar days. Employees may bid for these assignments using the “Bidding” process below. All bids must be submitted by 4:00 p.m. on the fifteenth (15th) day of posting.
7. At the end of the fifteen (15) day bid period, the eligible bidded employee with the highest seniority score shall be placed in the assignment. Any assignment that received no bid shall be filled at management’s discretion and shall be counted neutral.
4. Posting Assignments
   
   Those assignments, which are determined to be posted, shall be posted in a prominent place where such notices are customarily posted. The posted notice shall be dated and on a form designed for that purpose and shall include the following criteria:
1. Identification posting number
2. Unit (or ward) or other assignment
3. Shift
4. Days off or rotation pattern and cycle
5. Time base
6. Deadline for bid submittal and where to be submitted
7. Special qualifications (if any)
5. Bidding
1. Employees may bid on the posted assignment by filling out a bid form provided by the State. The bidding employee shall submit the completed bid form to the following:
   
   

   a.	The original to the location designated on the bid form,
   b.	A copy to the Union designated steward, and
   c.	The bidding employee.

   
   

   Bid forms shall include the identification posting number, the employee’s name, classification, seniority points, current work location, and business telephone number. The form must be dated and signed by the employee.
2. An otherwise eligible employee absent from the worksite during the bid process for such reasons, including but not limited to EIDL; SDI; Workers’ Compensation; leave of absence; annual military leave; illness, etc., may participate in the bid process. Employees must assume the assignment within sixty (60) days of the posting of the bid results. After sixty (60) days, management shall decide whether or not to fill the position. If management fills the position, it shall be counted neutral until the next twenty-four (24) month bid cycle.
3. In the event the employee is unable to assume the assignment within the sixty (60) calendar days, the employee may be placed in another assignment at management’s discretion.
6. Other Factors
1. Short term absences of not more than sixty (60) calendar days from the employee’s assignment, including special assignments, injuries on the job, and acting assignments, will not preclude the employee’s return to the assignment after being determined the employee qualifies to resume such duties.
1. If absence is more than sixty (60) calendar days, the appointing authority may authorize an employee’s return to the assignment or same watch/RDO’s if the absence was generated by a management decision.
2. An employee exceeding the sixty (60) calendar day limit for an absence due to EIDL will be assigned to the same assignment or same watch/RDO for the remainder of the bid period.
3. An employee exceeding the sixty (60) calendar day limit for any other reason will at least be assigned commensurate with the employee’s watch preference.
2. A waiting list will be established with those employees who have been removed from an assignment as a result of a correction to a seniority date or due to management error in assigning the employee.
3. Employees who laterally transfer after November 1 will be precluded from the bid process until the next open bid period.
7. Deletions and Changes
1. If a bid assignment is deleted due to reduced allocations or for other reasons, and there is an employee in the deleted assignment, then the employee may bid on any vacant posted assignment.
2. If because of coverage or other legitimate operational need, it is determined that a bid assignment’s posting criteria must be altered, the employee filling that assignment shall be notified of the proposed changes and the reason for such change in writing. If the employee desires to remain in the altered assignment, the employee shall notify management of that desire within five (5) calendar days and shall remain in the assignment. An assignment shall not be considered altered when the training is conducted on a shift other than the employee’s regularly scheduled shift and the employee is required to attend.
8. Transfers
   
   Employees holding bid assignments shall not, except in cases of emergency or as otherwise provided for in this section, be involuntarily transferred to another assignment.
9. Denial of Bid
1. Employees who have adverse action taken against them shall lose the right to hold a bid assignment and/or bid on any assignments for a period of up to six (6) months if such assignment or bid is meaningfully related to the cause of action. If the employee is exonerated on appeal, the employee’s right to bid or hold assignments shall be restored. Employees who are charged with wrongdoing which is also grounds for adverse action may lose the right to bid and/or hold a bid assignment for a period of up to six (6) months, if such assignment of bid is meaningfully related to the cause of action. A meeting before the Director or designee is required prior to such denial.
2. An employee may be temporarily removed from the bid assignment pending a personnel/EEO investigation, but will be assigned to substantially similar start/stop time and RDO if possible. Once the investigation has been concluded and if the charges have not been substantiated, the employee shall be returned to the employee’s bid assignment.
3. Employees who receive yearly evaluations which have two (2) or more categories marked below standard may lose the right to hold and/or bid assignments for up to six (6) months, subject to review in three (3) months. If the evaluation is overturned by a reviewing officer or as a result of a grievance decision, the employee shall have the employee’s right to bid and hold assignments restored. The reason for denial to bid shall be in writing and given to the employee.
4. Employees losing the right to bid or hold assignment as outlined above may be administratively transferred to the same watch without regard to RDO. Employees who have been absolved of wrongdoing as stated above, shall be accorded one (1) successful bid so long as this bid is exercised within three (3) months of the decision absolving the employee.
5. If for some reason, other than specified previously, it becomes necessary to change an employee who has exercised the employee’s eligibility for a bid assignment, that employee shall be job changed to a new post possessing similar RDO’s on the same watch, if available and if requested by the employee.
6. Management may deny a bid which is submitted by an employee who is on limited duty status if it is determined that the duties of the posted position are in conflict with the work limitation(s) described by the employee’s physician. Upon request of the employee, a meeting will be held with the Director or designee prior to the final decision regarding the employee’s ability to bid.
10. Floating
    
    The word “float” as used in this section is synonymous of that of “redirect”. If it becomes necessary to temporarily float/redirect employees to another Unit 17 position in order to provide coverage, each work location (unit and shift) shall establish a rotational system that distributes floating on an equitable basis. The RN Shift Lead shall not be included in floating.
11. Involuntary Removal
    
    Management may remove an employee from a bid position when the employee fails to demonstrate that the employee has the knowledge and skills required to perform the duties of the position. The employee shall be placed in a position with the same RDO’s and substantially similar start/stop times. The vacated position shall be subject to the interim bid process.
12. Nepotism
    
    No bid shall be denied based solely on personal relationships. An employee may lose the right to hold and/or bid a position based on the Department’s nepotism policy in accordance with the following:
1. If such bid or position creates a nepotism situation, notice must be given to the employee.
2. Assignments not in conformance with this subsection shall be corrected by transfer or other appropriate action within ninety (90) days.
3. Nothing in this subsection shall prohibit the employee and/or the Union from filing a grievance.
13. Disputes
1. Disputes concerning this section shall be grievable to the Departmental level of review and shall not be arbitrable;
2. Either party may request a meet and discuss regarding any problem or concern with the P&B procedure. This request will be honored by the non-requesting party in the form of a meeting within thirty (30) days of the request;
3. An employee alleging seniority date errors/disputes and is unable to resolve the problem with verbal communication shall submit the employee’s complaint to the first formal level of review within the normal time frames specified in the grievance process;
4. Errors in favor of the employee will result in the adjustment of the employee’s seniority date. The employee shall then have first preference on the first available bid position; or
5. The employee has the right to go on a waiting list for the next available slot matching the employee’s bid for the watch and RDO.
14. Implementation and Applicability
    
    Contractual right to Post and Bid for Shift Preference/RDO’s shall remain in effect with no position changes at those affected institutions until section 20.9.17 is implemented and the yearly bid process begins in October. Implementation of the Post and Bid process at new institutions will begin the first October following activation (receipt of inmates).
    
    The parties recognize, pursuant to the February 14, 2006 Court Order Appointing that Receiver, that the Receiver is empowered to renegotiate this provision, in the event that such action is necessary for the Receiver to fulfill his duties under the Order. The determination on whether such action is necessary rests solely with the Court pursuant to paragraph D. of the Order.

1. Telework is defined as performing work one (1) or more days per pay period away from the worksite to which the employee is normally assigned. Such locations must be within a preapproved work space and during preapproved work hours inside the teleworker’s residence, telework centers, or other offices of the State, as approved pursuant to the department’s telework policy and guidelines.
2. Where operational considerations permit, a department may establish a telework program. If the telework arrangement conforms to telework criteria established in the department’s telework policy and guidelines, no employee’s request for telework shall be unreasonably denied. Upon request by the employee, the denial and the reason for denial shall be in writing. A copy of the written denial shall also be sent Attn: SEIU Local 1000 Headquarters.
   
   Such programs shall operate within the policies, procedures, and guidelines established by the Statewide Telework Policy, State Administrative Manual section 181.
3. Formal written telework or telecommuting policies and programs already adopted by departments before the date of this Contract will remain in effect during the term of this Contract. Upon the request of the Union, the departments will provide a copy of the department’s formal written telework policy.
4. Departments that desire to establish a telework or telecommuting policy and/or program or departments desiring to change an existing policy and/or program shall first notify the Union. Within thirty (30) calendar days of the date of such notification, the Union may request to meet and confer over the impact of a telework or telecommuting policy and/or program or change in an existing telework or telecommuting policy and/or program.
5. Where operational considerations permit, departments shall consider implementing telework opportunities as a recruitment and retention strategy.

1. If an employee believes that the State’s use of current or future technology is being used for the purpose of harassment the employee may grieve such action under Article 6.
2. The State shall not use the log on/off time to the computer or electronic access card entry/exit times of employees as the sole source of attendance reporting or as the sole reason of discipline.

1. Definition of a Call Center:
   
   A call center is the point of contact for an organization and is responsible for providing customer service in the forms of information, service requests and problem solving.
2. Training:
1. Training is essential to the creation and maintenance of an effective call center. Training programs for new employees shall be pre-defined programs of classroom and on-the-job training. Training shall cover at least: (1) the role of the call center within the department; (2) telephone technique; (3) procedures; (4) all subject matters that an employee is expected to handle; (5) shall be trained on how to properly escalate problem callers; and (6) ergonomic training.
2. Prior to new procedures, laws or policies going into effect the department shall provide instruction and/or information sufficient for the employee to implement the change(s). Refresher training shall be provided at least annually and shall include a classroom component to the degree possible.
3. Upon request, upward mobility training and information shall be provided to all call center employees.
4. Procedural guidelines and reference materials addressing common questions, services and transactions shall be provided and shall be readily accessible to all call center employees.
3. Ergonomics:
   
   An ergonomically sound environment is essential to the health and welfare of all call center employees.
1. Departments shall perform a general ergonomic evaluation of each call center. Each call center shall provide notification of the ergonomic evaluation to each employee, along with a copy of an ergonomic evaluation request form, at least two (2) weeks prior to the ergonomic evaluation. Supervisors shall give the completed employee ergonomic evaluation request forms received prior to the evaluation to the ergonomic evaluator for review. The ergonomic evaluation shall, if possible, be done in conjunction with the ergonomic training described below.
2. Each call center shall provide the Union with a copy of the final ergonomic evaluation report within thirty (30) days after the evaluation is performed. Call centers shall implement any reasonable and feasible evaluation recommendations within ninety (90) days of the completion of the evaluation.
3. Upon the Union’s request, departments shall meet to discuss the ergonomic evaluation and recommendations related to call centers.
4. Departments shall provide ergonomic training to all employees assigned to each call center. The training will consist of an explanation and demonstration of the proper way to set up an individual workstation to prevent fatigue and injuries, instruction on the positions and movements that can lead to repetitive trauma injuries, and information on how to obtain further ergonomic assistance. Each year the training will be given at least once.
5. The employee may make a request to the employee’s supervisor for an ergonomic evaluation at any time. The employee shall document the concern and the request for evaluation on a form provided by the supervisor. In the event the ergonomic concern is not resolved at the supervisor’s level, the supervisor shall send the ergonomic evaluation request form to the “Risk Management Department” for evaluation within five (5) working days after non-resolution of the problem. “Risk Management” shall reply in a reasonable time.
6. Every employee assigned to a call center will also be given access to information on workstation ergonomics.
4. Headsets:
   
   Call centers shall accommodate reasonable requests for an employee’s choice of headsets.
5. Call Monitoring:
1. Call monitoring shall be used for training and development purposes. Telephone lines designated for personal use shall not be monitored. Monitored calls shall not be used for discipline purposes unless the behavior is of a serious nature.
2. Pursuant to the entire agreement clause, a department and the Union shall meet and confer over the establishment or modification of monitoring guidelines appropriate to each call center, prior to implementation. 
3. Employees shall be notified before monitoring of the employee’s calls begin. Any employee whose calls are monitored shall promptly be given a copy of any report generated and feedback on every call monitored.
6. Other:
1. Appropriate call center technology should be applied.
2. 19.3(B) of the SEIU Local 1000 Contract shall be applied to all call center employees.
3. The State shall notify the Union prior to the creation of any new call center and/or the selection of any new technology. The State shall endeavor to notify the Union one hundred eighty (180) days, but no less than sixty (60) days, prior to implementation of automation or technological changes that will result in a significant impact on bargaining unit employees.
4. The State shall train all call center managers/supervisors sufficiently so that the manager/supervisor can: (1) perform the duties of call center staff(s); (2) adequately train employees; (3) provide constructive criticism on how to more effectively carry out the employee’s duties; (4) handle escalating calls.
5. Dispute Resolution Process
   
   If the Union disagrees with the department’s determination of a call center under the definition provided in 21.4, the Union may file a dispute directly at the third step of the grievance procedures as provided in Article 6 – Grievance, Arbitration, and AWOL Procedures. Any dispute arising under this section shall not be subject to arbitration.
   
   Any CalHR determination of a call center will address any applicable pay differentials.

1. Eligibility
   
   Effective January 1, 2022, and payable after the first day of the pay period following ratification, employees who have an approved telework agreement on file with the department shall receive a telework stipend as provided below:
1. Employees identified as Remote Centered with an approved telework agreement shall receive $50 per month.
2. Employees identified as Office Centered with an approved telework agreement shall receive $25 per month.
3. Incidental telework does not qualify for this stipend. The approved telework agreement must designate the employee’s telework status as either Remote Centered or Office Centered.
2. Payment Process
1. This stipend shall be paid for each eligible pay period, payable the following pay period. The State shall endeavor to pay this stipend as part of the employee’s regular pay warrant. The method of payment is not subject to Article 6 of the MOU.
2. The employee’s approved telework status as of the first day of the pay period shall determine the payment amount for the entire pay period. However, if the employee’s approved telework status changes during the month from Office Centered to Remote Centered, then the employee shall receive the amount for Remote Centered status only.
3. This payment is not subject to a qualifying pay period.
4. For approved telework agreements that are effective other than the first of the pay period, the stipend is payable upon a fully executed telework agreement.
5. Employees on leave (paid or unpaid) for the entire pay period are not eligible for this payment.
6. Employees paid bi-monthly/semi-monthly shall receive one payment for the entire telework calendar month.
7. No receipts shall be required for the payment of this stipend.
8. Effective the first day of the pay period following ratification, no reimbursement claims will be authorized for utilities, phone, cable/internet, or other telework incurred costs. Except for approved office supplies such as paper, pens, and printer cartridges, claims shall be submitted in accordance with the MOU and departmental policy.
9. Any change to the employee’s telework status which affects the eligibility of this stipend shall be administered in accordance with the provisions of this Side Letter Agreement and the terms of the MOU.
3. Telework Modification or Termination
   
   Employees’ telework agreements shall not be permanently modified by the State without adequate prior notice. The State shall endeavor to provide at least 30 calendar days’ notice, but no less than 15 calendar days’ notice to employees when permanently terminating or permanently modifying a Telework Agreement. This advance notice is not required due to unforeseen operational need or by mutual agreement between the employee and management. Upon request, a copy of the termination or modification will be provided to SEIU Local 1000.
4. Telework Joint Labor Management Committee
1. Upon written request, the State and the Union shall meet no more than four (4) times per fiscal year. Upon mutual agreement the parties may meet more frequently to continue discussion under this section. The Union and State shall each select up to eight (8) representatives. Union representatives shall serve without loss of compensation. The State and Union will discuss cross-departmental issues related to the implementation and administration of the Statewide Telework Policy including, but not limited to, equipment, tools, service delivery, and employee cost. Any recommendations from the committee shall be submitted directly to the Deputy Director of Labor Relations.
2. Upon mutual agreement, Subject Matter Experts may be allowed to attend. Additional representatives may be permitted upon mutual agreement between the parties.
3. The Union and State will mutually develop an agenda prior to each meeting.
4. This provision is effective through June 30, 2026.
5. The Telework Stipend Program is grievable through the CalHR level. This program shall not be subject to arbitration. Any decision reached at the CalHR level shall be final.

1. Any department with Unit 17 employees shall upon request by Unit 17 establish a joint labor management committee to review the current utilization and scope of practice of Registered Nurses. The committee shall review applicable Federal and State regulations for the purpose of developing recommendations regarding organizational, regulatory and legislative actions necessary to assure the full participation of Registered Nurses in the department’s treatment programs. The committee shall consist of no less than two (2) representatives from Unit 17 and no less than three (3) representatives from department management. Employees shall suffer no loss of compensation as a result of participation in the labor management committee meetings. Each party shall be responsible for the expenses of their participants. The parties shall meet and confer prior to implementing any recommendations pertaining to issues within the scope of practice. Management shall invite subject matter experts to speak on specific items.
2. For facility issues, a subcommittee of the labor management committee may be convened at each facility identified by Unit 17. For purposes of the subcommittee, in lieu of the statewide labor management committee Unit 17 representatives, the Union may appoint two (2) facility representatives to participate. Subcommittee issues may include, but are not limited to, housekeeping duties, janitorial duties, in-service training and Professional Practice Groups.

1. Identify worksites and divisions where there exists retention and recruitment difficulties for Registered Nurses;
2. Devise strategies and plans for resolving identified recruitment and retention problems, including but not limited to, the development or improvement of recruitment and retention programs;
3. Review may include but not be limited to: preceptorship, participation at job fairs, college presentations, new graduate programs, and re-entry programs;
4. Formulate recommendations for improving Registered Nurse recruitment and retention including methods and procedures to help resolve weekend and holiday-time staffing issues and avoid the need for overtime work;
5. Make recommendations for the improvement of staff morale and the enhancement of professional recognition of Registered Nurses.

1. The parties acknowledge that during the negotiations which resulted in this Contract, each had unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Contract. Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters is hereby superseded. Except as provided in this Contract, it is agreed and understood that each party to this Contract voluntarily waives its right to negotiate with respect to any matter raised in negotiations or covered in this Contract.
   
   With respect to other matters within the scope of negotiations, negotiations may be required as provided in subsection B below.
2. The parties agree that the provisions of this subsection shall apply only to matters which are not covered in this Contract. The parties recognize that it may be necessary for the State to make changes in areas within the scope of negotiations. Where the State finds it necessary to make such changes, the State shall notify the Union of the proposed change thirty (30) days prior to its proposed implementation. The parties shall undertake negotiations regarding the impact of such changes on the employees when all three (3) of the following exists:
   
   

   1.	Where such changes would affect the working conditions of a significant number of employees.
   2.	Where the subject matter of change is within the scope of representation pursuant to the Dills Act.
   3.	Where the Union requests to negotiate with the State.

   
   

   An agreement resulting from such negotiations shall be executed in writing and shall become an addendum to this Contract. If the parties are in disagreement as to whether a proposed change is subject to this subsection, such disagreement may be submitted to the arbitration procedure for resolution. The arbitrator’s decision shall be binding. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted to mediation pursuant to section 3518 of the Dills Act.
3. The CalHR will meet with representatives of the Union monthly, upon request, to review the notices to meet and confer under the provision of B above received by the Union to determine if the issues to be discussed can be consolidated to reduce the number of meetings required.

1. Unless a specific provision provides for a different effective date, the term of this Contract shall be July 1, 2023 to June 30, 2026.
2. In the six (6) month period prior to the expiration date of this Contract, the complete Contract will be subject to renegotiation.
3. If a proposal does not include an effective date, the effective date shall be the first day of the pay period following ratification.

The State and SEIU agree to present to the Legislature as part of the MOU bill a provision to appropriate funds to cover the economic terms of this Agreement. This will maintain employee salaries and benefits in case of an untimely budget.

If the Golden Handshake provisions are offered during the term of this Contract and the CDE or any of its Special Schools or Diagnostic Centers participate, the department will consider offering it to Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 employees in the CDE.

For the purpose of application to this Contract a domestic partner shall be certified with the Secretary of State’s office in accordance with Family Code section 297.

The State and the Union agree that hiring retired annuitants may be necessary to perform mission critical work. Mission critical is defined as a disruption in normal business, which may result in the failure of a business operation. Retired Annuitants shall not displace SEIU represented employees.

This Article will be subject up to step three of the formal grievance process and will not be arbitrable.

Date: March 5, 2007

To: State of California Department Heads, Labor Relations Officers, SEIU Local 1000 Stewards, Area Coordinators and Labor Representatives.

Subject: Side Letter Regarding Access

Over the last two (2) years, the State of California and SEIU Local 1000 have struggled to find a balance between the State’s operational needs and the Union’s need to access the employees it represents at the employee’s worksites. This challenge has resulted in a number of serious confrontations, including arrests, as well as legal conflicts in various forums that continue to this day.

In the interest of harmonious Labor Relations, the parties agreed in June of 2006 to work with a neutral mediator and make a good faith effort to resolve the issue. The enclosed document is the result of those sessions between CalHR and SEIU Local 1000.

As with all agreements, both sides had to compromise. This Agreement, however, is intended to provide a proactive framework for facilitating Union access and addressing disputes before they escalate.

In that spirit, the State and the Union are fully committed to the following principles:

• Department/Union cooperation in seeking solutions to access issues
• Swift resolution of disagreements when they occur
• An ongoing understanding of, and respect for, each others’ particular operational needs

We now look to you to implement this Agreement in the spirit in which it was negotiated. There will be joint training provided on the Agreement at a date still to be determined.

Attachment

This document is developed for the purpose of implementing the collective bargaining agreement. Department personnel and Union representatives are encouraged to discuss/resolve access problems if they arise.

The Union shall provide advance notice of its intent to visit worksites. Departments shall notify the Union of the appropriate person to receive notice. Providing notice shall not be interpreted as requesting permission. However, where worksites with legitimate issues of safety, security or patient care exist, reasonable accommodations for access and/or distribution of information shall be provided. Departments shall discuss such accommodations with the Union.

The Union has the right to distribute information where represented employees work. The Union will not block entrances. Distribution of information inside worksites shall not cause disruption of work.

Where escorts are necessary for reasons of safety, security or patient care, including patient privacy, typically, such escorts shall be Local 1000 bargaining unit members and such escorts shall not interfere with discussions between the Union and its members.

When problems/issues regarding union access to members’ worksites occur, and cannot be resolved at the department level, the following persons should be contacted:

In the event that agreement cannot be reached between CalHR and SEIU Local 1000 contact persons, the dispute may be submitted directly to arbitration pursuant to Step 4 of the grievance procedure. The parties shall exchange written statements regarding the issue and the response within one week of failure to agree.

The State and the Union agree that hiring student assistants may be necessary to give students the opportunity to gain experience in the employee’s field of study and give the State the ability to attract high quality candidates for possible hire. Student assistants shall not displace SEIU represented employees.

This Article will be subject up to step three of the formal grievance process and will not be arbitrable.

1. Each full-time employee shall continue to work their assigned work schedule and shall have a reduction in pay equal to 9.23%.
2. Each full-time employee shall be credited with sixteen (16) hours of PLP 2020 on the first day of each pay period for the duration of the PLP 2020 program. The accrual rates for Bargaining Unit 3 employees working an academic year shall be pursuant to the chart in Section Y below.
3. Salary rates and salary ranges shall remain unchanged.
4. Employees will be given maximum discretion to use PLP 2020 subject to severe operational considerations. However, whenever feasible, PLP 2020 should be used in the pay period it was earned.
5. PLP 2020 must be used before any other leave with the exception of sick leave and Professional Development Days. Employees may elect to use PLP in lieu of approved sick leave.
6. PLP 2020 shall be requested and used by the employee in the same manner as vacation/annual leave in Section 8.1.
7. When an employee has requested to use PLP 2020, and the request is denied on two separate, consecutive occasions, the employee’s third request for PLP 2020 shall be approved subject to severe operational considerations that make granting the request a health or safety risk.
8. PLP 2020 accruals do not expire.
9. PLP 2020 may be cashed out upon separation from state service.
10. PLP 2020 leave shall not be considered as “time worked” for overtime purposes except when an employee is mandated to work overtime or has been redirected and is mandated to work overtime to process unemployment claims in the same week in which they use approved leave then that approved leave will be considered hours worked for purposes of calculating overtime.
11. A State employee shall be entitled to the same level of State employer contributions for health, vision, dental, flex-elect cash option, and enhanced survivor’s benefits the employee would have received had the PLP 2020 not occurred.
12. PLP 2020 shall not cause a break in State service, nor a reduction in the employee’s accumulation of service credit for the purposes of seniority and retirement. PLP 2020 does not affect other leave accumulations, nor service towards a merit salary adjustment.
13. PLP 2020 shall neither affect the employee’s final compensation used in calculating State retirement benefits nor reduce the level of State death nor disability benefits to supplement those benefits with paid leave.
14. The PLP 2020 reductions shall not affect transfer determinations between state civil service classifications.
15. Part time employees shall be subject to the same conditions as stated above, on a pro-rated basis. Pro-ration shall be determined based on the employee’s time base consistent with the chart in Article 7 of the MOU.
16. PLP 2020 for permanent intermittent employees shall be pro-rated based upon the number of hours worked in the monthly pay period, pursuant to the chart in Section X below.
17. PLP 2020 shall be administered consistent with the existing payroll system and the policies and practices of the State Controller’s Office.
18. Employees on SDI, NDI, ENDI, IDL, EIDL, or Workers’ Compensation for the entire monthly pay period shall be excluded from the PLP 2020 for that month.
19. Seasonal and temporary employees are not subject to PLP 2020.
20. Employees not eligible for healthcare are not subject to PLP 2020.
21. Effective July 1, 2020, the minimum salary in the salary range for all SEIU Local 1000 classifications shall be no less than $15 per hour.
22. Effective July 1, 2020, the classifications and alternate ranges listed in Attachment 1 shall be provided the following Special Salary Adjustments (SSAs), as modified by this Side Letter Agreement.
23. Effective July 1, 2020, no SEIU Local 1000 represented employee shall make less than $15/hour as a result of the implementation of PLP 2020.
24. All Permanent Intermittent and Special School employees who are subject to the State Special Schools 10-month compensation agreement shall be subject to the pro-ration of salary and PLP 2020 credits pursuant to the chart below:
    
    

    Hours Worked During Credit Pay Period	PLP 2020Hours
    0-10.9	1
    11-30.9	2
    31-50.9	4
    51-70.9	6
    71-90.9	8
    91-110.9	10
    111-130.9	12
    131-150.9	14
    151 or over	16

25. Bargaining Unit 3 employees who work academic calendars will accrue PLP 2020 on a pro-rated basis, as follows:
    
    

    Days per Academic Year	FT
    176	10.84
    184	11.32
    194	11.94
    209	12.86
    220	13.54

    
    
26. Continuation of the Voluntary PLP (VPLP) during the duration of PLP 2020 shall be at the discretion of the employee. If the employee elects to alter their participation in VPLP, they shall be allowed to opt out or change at any time during the PLP 2020 program.