Agreement

Between

State of California

And

American Federation of State, County and Municipal Employees

(AFSCME)

Covering

BARGAINING UNIT 19

Health and Social Services/Professional

Effective

July 1, 2025 through June 30, 2028

1. Pursuant to Public Employment Relations Board Case No. S-SR-19, the State recognizes AFSCME as the exclusive representative for all employees in the Health and Social Services Employees/Professional, Bargaining Unit 19.
2. Pursuant to Government Code Sections 19815.5 and 3517, AFSCME recognizes the Director of the California Department of Human Resources or the employee’s designee as the negotiating representative for the State and shall negotiate exclusively with the Director or the employee’s designee, except as otherwise specifically spelled out in the Agreement.
3. Upon initial appointment to any Bargaining Unit 19 position as a probationary or permanent employee, the employee shall be informed by the employer that AFSCME is the recognized employee organization for the employee in said classification. The State shall present the employee an approved packet of information which has been supplied by AFSCME. AFSCME shall have the right to participate in new employee orientation as defined in Article 2.10.

1. The State agrees to deduct and transmit to AFSCME all membership dues authorized on a form provided by AFSCME. The State and AFSCME agree that a system of authorized deductions shall be operated in accordance with Government Code sections 3513(h), 3513(j), 3515, 3515.6, and 3515.7 (as it applies to membership only) subject to the following provisions:
1. Employees who voluntarily become a member of AFSCME shall remain members of AFSCME in good standing for the length of the Agreement. However, this provision shall not apply to any employee who, within thirty (30) days prior to the expiration of the Agreement, withdraws from AFSCME by sending AFSCME a signed withdrawal letter.
2. AFSCME deductions shall remain in full force and effect during the life of this Agreement.
3. AFSCME 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 Article and the deductions arising therefrom.
4. No provision of this Article nor any disputes arising thereunder shall be subject to the grievance and arbitration procedure contained in this Agreement.

1. The State Controller’s Office (SCO) agrees to provide a list, at AFSCME expense, of all employees in Bargaining Unit 19 and their home addresses. Where an individual has requested that their home address not be divulged, the agency number and reporting unit shall be provided in place of the home address. The list shall not be provided more frequently than a monthly basis.
2. Upon request, the SCO shall provide AFSCME with the worksite location, including the county code, agency code, department name and facility name of all Bargaining Unit 19 employees. AFSCME agrees to pay any necessary cost incurred by the SCO for the reports.
3. The SCO agrees to provide a list, at AFSCME’s expense, of all employees entering or leaving Bargaining Unit 19. This list shall be provided upon request, but not more frequently than monthly.
4. When the Department determines that a job vacancy is available for recruitment, the Department will endeavor to make job vacancy announcements available at appropriate worksites and/or post such announcements on bulletin boards.
5. Each Department will endeavor to provide to AFSCME, copies of memos implementing department-wide hiring or promotional freezes, department-wide travel cuts, or department-wide training fund reductions and will encourage State Hospitals to also provide such information to AFSCME’s Chief Stewards.

1. Union representatives may, during non-work hours, distribute literature in non-work areas in accordance with the access provisions of this Agreement. AFSCME agrees that any literature distributed will not be libelous, obscene, defamatory, or of a partisan political nature.
2. Departments will deliver Union materials sent by U.S. Mail to the designated AFSCME stewards, in a manner consistent with existing departmental policies. All mail must be clearly marked with the name, address, and work location or program number of the steward. The number of items shall be limited to the approximate number of Bargaining Unit 19 employees assigned to the steward. Should emergency workload considerations arise, the Department may suspend mail delivery.
3. AFSCME stewards may distribute mail directly to existing individual employee mail receptacles or mail boxes, provided such mail receptacles are in non-work areas and access is otherwise consistent with the access provisions of this Agreement.
4. AFSCME agrees to indemnify, defend, and hold the State harmless against any claims made of any nature and against any suit instituted against the State arising from the mail delivery privileges outlined in this Article.

1. AFSCME shall have the choice of requesting an unpaid leave of absence or a paid leave of absence (Union leave) for a Union bargaining committee member, steward, chief steward or union member. An unpaid leave of absence may be granted by the State pursuant to the unpaid leave of absence provisions in this Contract. A Union leave may also be granted at the discretion of the affected department head or designee in accordance with the following:
1. Requests for Union leave shall be submitted at least seven (7) calendar days prior to the first date of leave. Requests submitted with fewer than seven (7) calendar days’ notice may be considered. The Union leave shall normally be requested on a State approved form.
2. A Union leave shall assure an employee the right to their position upon termination of the leave. The term "former position" is defined in Government Code Section 18522. An employee has the right to return to their former work shift if the Union leave duration is less than fourteen (14) days.
3. AFSCME agrees to reimburse the affected department(s) for the actual expenses related to the affected employee’s salary and benefits for all the time the employee is off on Union leave.
4. The affected employee shall have the right to return from Union leave earlier than the agreed upon date with the approval of the employee's appointing power.
5. Except in emergencies or layoff situations, Union leave shall not be terminated by the department head or designee prior to the expiration date.
6. Employees on Union leave shall suffer no loss of compensation or benefits and shall be required to submit monthly timesheets in accordance with departmental policy and procedures.
7. Whether or not time for Union leave is counted for merit purposes shall be determined by the California Department of Human Resources (CalHR) and such determination shall not be grievable or arbitrable.
8. Employees on Union leave under this provision and AFSCME shall waive any and all claims against the State for Workers' Compensation and Industrial Disability Leave.
9. In the event an employee on Union leave, as stated 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, AFSCME 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. At the request of AFSCME, the President of AFSCME shall be released on Union Leave up to full time during their tenure contingent upon subsection A(4) of this provision.
3. The Union paid leave is also contingent upon timely payment on Union paid leave invoices submitted by the department to AFSCME. CalHR or the department shall provide AFSCME with thirty (30) calendar days written notice in the event of termination under this provision. The parties agree to make good faith effort to resolve any disputes over invoices or payment

1. The State recognizes and agrees to deal with designated stewards of AFSCME on all matters relating to grievances, employee discipline, administration of this Contract, and other matters on appeal to the State Personnel Board.
2. AFSCME shall provide a list to the State of the following: President, Vice President(s), Regional Chief Steward(s), and Occupational Chairs upon election. If any of these elected officers change during their elected term the State will be notified. A written list of the Union stewards serving each work location, broken down by department, shall be furnished to the State immediately after their designation, and the Union shall notify the State promptly of any changes of such officers or stewards. Union stewards shall not be recognized by the State until such lists or changes thereto are received. AFSCME shall supply the State with a list of alternate stewards in accordance with the above. The sole function of an alternate shall be to act on behalf of a regular steward when the regular steward is on approved leave. If lists are not provided, release time will not be granted.
3. At the request of an employee, a Union steward may investigate the complaint, file a grievance and assist in its presentation provided it is in the steward's designated area of responsibility.
4. In close proximity, stewards may be permitted to cross departmental lines. In other cases, with prior approval of the department, an employee may use accrued compensating time off or vacation for inter-departmental representation.
5. Stewards shall be allowed reasonable time off for the purpose of representing employees in Bargaining Unit 19 during working hours without loss of compensation, subject to prior notification and approval by their immediate supervisor.
6. 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.
7. The Bargaining Unit 19 President, Vice-President(s), Regional Chief Steward(s), or Occupational Chair(s) may be permitted to cross departmental lines for representation purposes. They will use union leave for this representation.
8. The State and AFSCME shall not impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees or otherwise interfere with, restrain or coerce employees because of the exercise of those rights, including the right to participate or not participate in lawful Union activity, protected by the Ralph C. Dills Act.

1. No employee or job steward shall be permitted use of any State machine, equipment, or communication system, including but not limited to computer, photocopier, Email, voicemail, or fax machine, for Union organizing or other non-representational Union purposes.
2. Any use of State time for activities permitted in this Section shall be subject to prior notification and approval by the employee’s immediate supervisor.
3. An employee or job steward may be permitted minimal and incidental use of State electronic communication equipment if:
1. equipment is available and utilized as a normal part of their duties; and
2. permitted by the employee’s department for other non-business purposes; and
3. used for representational purposes only; and
4. provided it results in no additional cost to the State; and
5. provided it doesn’t interfere with the operations of the State; and
6. does not contain language that is libelous, obscene, defamatory, or of a partisan political nature.
4. State equipment is not considered private or secure information and is subject to being monitored by the department.

1. During any regularly scheduled orientation session for new employees, a Union representative shall be given the opportunity to meet with Bargaining Unit 19 employees for up to twenty (20) minutes. The Union representative shall suffer no loss of compensation for the purpose of attending these meetings.
2. In work locations not accessible to regularly scheduled orientation, a Union representative shall be given the opportunity to meet with a new employee for up to twenty (20) minutes to discuss the Bargaining Unit 19 contract.
3. Departments will endeavor to provide AFSCME a 30-day notice of upcoming New Employee Orientation trainings with the number of Bargaining Unit 19 employees expected to be in attendance and a timeframe for AFSCME to address the employees.
4. Employee Communication
1. Within 30 days of hire and every 120 days thereafter, departments shall provide bargaining unit employees' work, home, and personal cellular telephone number and personal email address(es) on file with the employer.
2. It is agreed that the State shall provide each employee with the opportunity to request that their home address, home telephone number, personal cellular telephone number, and personal email address(es) not be divulged to AFSCME.
3. Employee home address, home telephone number, personal cellular telephone number, and personal email address(es) shall be maintained as confidential by the Union. The Union shall take all reasonable steps to ensure the security of home address, home telephone number, personal cellular telephone number, and personal email address(es), and shall not disclose or otherwise make them available to any person, entity, or organization.
4. The state shall not provide the home address, personal cellular telephone number and personal email address(es) for employees protected as a victim of domestic violence, sexual assault, or stalking as set forth in Government Code section 6206.7.
5. The information under this section shall not be deemed to be public records and shall not be open to public inspection except as set forth in Government Code section 6254.3.
6. AFSCME shall receive not less than 10 days' notice in advance of an orientation except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer's operations that was not reasonably foreseeable.

1. Except for those rights which are abridged or limited by this Agreement, all rights are reserved to the State.
2. Consistent with this Agreement, 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 Agreement provided that any such rule shall be uniformly applied to all affected employees and those 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 entitlement of State Civil Service employees provided by Article VII of the State Constitution or by laws and rules enacted thereto.

1. Government Code Sections
1. General
   

   19824	Establishes monthly pay periods.
   19839	Provides lump sum payment for unused vacation accrued or compensating time off upon separation.

2. Step Increases
   

   19829	Requires CalHR to establish minimum and maximum salaries with intermediate steps.
   19832	Establishes annual merit salary adjustments (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. Vacations

   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 define the effect of absence of 10 days or less on vacation accrual.
   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.
   19998.3	Requires CalHR to establish rules regarding vacation credit when employees have a break in service over six months.

4. Sick Leave
   

   19859	Defines amount earned and methods of accrual for full-time and part-time employees.
   19861	Allows CalHR to define the effect on sick leave credits of absences of 10 days or less in any calendar month.
   19862	Permits sick leave to be accumulated.
   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 temporary disability (due to work-incurred injury) and prescribes how it may be used.
   19864	Allows the CalHR to provide by rule for sick leave without pay for employees who have used up their sick leave with pay.
   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.
   19998.3	Requires CalHR to establish rules regarding sick leave credit when employees have a break in service over six (6) months.

5. Paid Leaves of Absence
   

   19991.3

   Jury Duty

6. Uniforms, Work Clothes and Safety Equipment
   

   19850.3

   Requires CalHR to establish procedures to determine need for uniforms and the amount and frequency of uniform allowances.

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	Employees covered by IDL are not covered by the retraining and rehabilitation provisions of Labor Code.
   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 fourteen (14) days.
   19876	Payments contingent on medical certification and employee agreement to participate in a vocational rehabilitation program.
   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 cash 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 PERS.
   21605	Sets Death Benefit at $5,000 plus 50 percent of one year's salary.

10. Health Insurance
    

    22870	Provides for employee and employer contribution.
    22871	Sets employer contribution.
    22871.3	Sets employer contribution.

11. Workweek
    

    19843	Directs CalHR to establish and adjust workweek groups.
    19851	Sets forty (40) hour work week and eight (8) hour day.

12. Overtime
    

    19844	Directs CalHR to establish rules regarding cash compensation and compensating time off.
    19848	Permits the granting of compensating time off in lieu of cash compensation within twelve (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. Callback Time 
    

    19849.1

    Allows CalHR to set rules and standards for callback time based on prevailing practices and the needs of State service.

14. Deferred Compensation
    

    19993

    Allows employees to deduct a portion of their salary to participate in a deferred com plan.

15. Relocation Expenses
    

    19841

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

16. 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.

17. Unpaid Leaves of Absence
    

    19991.1	Allows the appointing power to grant a one (1) year leave of absence, assures the employee a right of return.
    19991.2	Allows the appointing power to grant a two (2) 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.

18. Involuntary Transfers

    19841	Provides relocation expenses for involuntary transfer or promotion requiring a change in residence.
    19994.1	Authorizes involuntary transfers. Requires sixty (60) day prior written notice when transfer requires change in residence.
    19994.2	Allows seniority and other factors to be considered when two (2) or more employees are in a class affected by involuntary transfers which requires a change in residence.
    19994.3	Allows an employee to protest a transfer if the employee believes the purpose of the transfer was harassment or discipline.
    19994.4	Requires appeals of transfers to be filed within thirty (2) days of employee notification.

19. Demotion and Layoff
    

    19143	Requires CalHR to establish rules concerning seniority credits for employees with breaks in service over six (6) months.
    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 thirty (30) day written notice prior to layoff and not more than sixty (60) days after seniority is computed.
    19998	Employees affected by layoff due to management-initiated changes should receive assistance in finding other placement in State service.

20. Use of State Time
    

    19991

    Provides State time for taking civil service examinations including employment interviews for eligibles on employment lists, or attending a meeting of CalHR of SPB on certain matters.

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 formulate procedures for the selection and referral of disabled state employees who might be retrained for other positions in state service.

1. This grievance procedure shall be used to process and resolve grievances arising under this Agreement and employment-related complaints.
2. The purpose of this procedure is:
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 AFSCME, involving the interpretation, application, or enforcement of the express terms of this Agreement.
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 Agreement and not under the jurisdiction of the State Personnel Board. 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 AFSCME, an employee, or the State.
5. An "AFSCME Representative" refers to an employee designated as an AFSCME steward or a paid staff representative.

1. If an informal grievance is not resolved to the satisfaction of the grievant, a formal grievance may be filed no later than:
1. Thirty (30) calendar days after the event or circumstances occasioning the grievance, or
2. Within fourteen (14) calendar days after receipt of the decision rendered in the informal grievance procedure.
2. However, if the informal grievance procedure is not initiated within the period specified in Item (1) above, the period in which to bring the grievance shall not be extended by Item (2) above.
3. A formal grievance shall be initiated in writing on a form provided by the State and shall be filed with a designated supervisor or manager identified by each department head as first level of appeal. A formal grievance package shall be complete and include all prior communications, including, but not limited to, any attachments, examples, prior step response and correspondence, if applicable.
4. Within thirty (30) calendar days after receipt of the formal grievance, the person designated by the department head as the first level of appeal shall respond in writing to the grievance. The Step 1 response shall include the original grievance package submitted. If the grievance was submitted by any representative other than AFSCME, a copy of the response and the grievance shall be provided to a designated AFSCME office.
5. No contract interpretation or grievance settlement made at this stage of the grievance procedure shall be considered precedential.

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 a designated supervisor or manager identified by each department head as the second level of appeal. If the department head or designee is the first level of appeal, the grievant may bypass Step 2. The appealed grievance package shall be complete and include all prior communications, including, but not limited to, any attachments, examples, prior step responses and correspondence, if applicable.
2. Within thirty (30) calendar days after receipt of the appealed grievance, the person designated by the department head as the second level of appeal shall respond in writing to the grievance. The Step 2 response shall include the original grievance package submitted. If the grievance was submitted by any representative other than AFSCME, a copy of the response and the grievance shall be provided to a designated AFSCME office.
3. No contract interpretation or grievance settlement made at this stage of the grievance procedure shall be considered precedential.

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 California Department of Human Resources or designee. The grievance appeal shall be submitted to CalHR electronically to Grievances@calhr.ca.gov. The appealed grievance package shall be complete and include all prior communications, including, but not limited to, grievance form, any attachments, examples, prior step responses and correspondence, if applicable.
2. Within thirty (30) calendar days after receipt of the appealed grievance, the Director of the California Department of Human Resources or designee shall respond to the grievance. If the grievance was submitted by the grievant or any representative other than AFSCME, a copy of the response and the grievance shall be provided to a designated AFSCME office electronically to BU19@ca.afscme57.org with a cc to the email address of the Business Agent filing the grievance.

1. If the grievance is not resolved at Step 3 within thirty (30) calendar days after receipt of the third level response, AFSCME shall have the right to submit the grievance to arbitration electronically to Grievances@calhr.ca.gov. AFSCME shall have one hundred eighty (180) calendar days after appealing the grievance to request to CalHR at Grievances@calhr.ca.gov to strike for arbitrators. If the request to strike arbitrators is not made within one hundred eighty (180) calendar days, the grievance shall be considered withdrawn and AFSCME may not proceed to arbitration. The State shall assign a representative to the matter and provide electronic notice of the assignment to AFSCME within 30 calendar days of receipt of AFSCME’s request to arbitrate the grievance.
2. Within seven (7) calendar days after the notice to strike for arbitrators has been served on the State or at a date mutually agreed to by the parties, the parties shall select an impartial arbitrator. If no agreement is reached, the parties shall, immediately and jointly, request the American Arbitration Association, State Conciliation and Mediation Service or the Federal Mediation and Conciliation Service to submit to them a panel of ten (10) arbitrators from which the State and AFSCME shall alternately strike names until one name remains and this person shall be the arbitrator.
3. The parties agree to make reasonable efforts to schedule the arbitration hearing within ninety (90) days of the request to strike for arbitrators. This time frame shall be waived by mutual agreement.
4. The cost of the arbitration shall be borne equally between the parties.
5. An arbitrator may, upon request of AFSCME and the State, issue their decision, opinion, or award orally upon submission of the arbitration. Either party may request that the arbitrator put their decision, opinion, or award in writing and that a copy be provided.
6. The arbitrator shall not have the power to add to, subtract from, or modify this Agreement. Only grievances as defined in "Definitions" 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.
7. Arbitration awards for actions which affect classes of employees which involve State funds are to be prospectively enforced from the date of filing of the grievance. Any claims for failure by the State to maintain the status quo will not be covered by this provision. Class is defined as all employees similarly situated as to the claims being made.

1. At each step of the grievance procedure, the State's response shall be attached to the original grievance with all its attachments and delivered to the grievant at the address listed on the top of the original grievance form.
2. Employees may contact the departmental Labor Relations Officer to verify the next level of review, as necessary.

1. Work Week Group “2” For those employees who are covered under the Fair Labor Standards Act (FLSA), the following rules shall apply:
1. Work Week Group “2” applies to those classifications in State service subject to the provisions of the Fair Labor Standards Act (FLSA). Overtime for employees subject to the provisions of the FLSA is defined as all hours worked in excess of 40 hours in a period of 168 hours or seven consecutive 24-hour periods.
2. The workweek is a fixed, regularly recurring period of seven (7) consecutive twenty-four (24) hour days. The seven (7) consecutive twenty four (24) hour days need not coincide with the calendar week of Sunday through Saturday, but may begin on any day and at any hour of the day. Employees will be notified if there is a change in their permanent workweek. If a change in the workweek of a significant number of employees in a location (Facility, Office, Institution) occurs the State shall provide AFSCME with a copy of the notice.
1. Once an employee’s workweek is established it remains the same regardless of the employee’s work schedule within the week. The beginning of the workweek may only be changed if it is intended to be a permanent change.
2. Overtime under the FLSA occurs when an employee works more than forty (40) hours in the fixed workweek, not after eight (8) hours in a work day, nor after 173.33 hours in a pay period.
3. Overtime for covered employees who work a 9/80 schedule may be avoided by starting the employee’s workweek at midday on the day off.
3. Covered employees who are ordered to work more than forty (40) hours in a week shall be compensated at the FLSA overtime rate, in cash or compensating time off (CTO), at the State’s option.
4. Overtime shall be credited, at time and one-half in cash or compensating time off (CTO), for each one quarter of an hour (15 minutes).
5. Compensating time off (CTO) may be used in increments of one quarter of an hour (15 minutes).
6. Bargaining Unit 19 employees covered by the Fair Labor Standards Act (FLSA) may accrue up to two hundred forty (240) hours of CTO. Once an employee has accrued two hundred forty (240) hours of CTO, all compensable overtime must be paid in cash.
7. Notwithstanding any other provision of law, personal leave, sick leave, annual leave, vacation, bereavement leave, holiday leave, and any other paid or unpaid leave, shall not be considered as time worked by the employee for the purpose of computing cash compensation for overtime or compensating time off for overtime.
8. For Rehabilitation Therapists, the State shall provide regularly scheduled work hours. Once the regularly scheduled work shift has been approved for the following pay period, any additional hours which the supervisor requires the employee to work shall be compensable in accordance with the current workweek group provisions, unless the employee is provided ten (10) work days’ notice.
2. For those Bargaining Unit 19 employees exempt from the FLSA, the following is the State’s policy for all employees exempt from the FLSA.
1. Work Week Group “E” includes classes that are exempted from coverage under the FLSA because of the “white-collar” (administrative, executive, professional) exemptions. To be eligible for this exemption a position must meet both the “salary basis” and the “duties” test. Consequently, Work Week Group “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.
2. Management determines the products, services, and standards which must be met by FLSA-exempt employees.
3. The salary paid to FLSA exempt employees is full compensation for all hours worked.
4. FLSA-exempt employees are not authorized to receive any form of overtime compensation, whether formal or informal.
5. FLSA-exempt employees are expected to work the hours necessary to accomplish their assignments or fulfill their responsibilities. Their work load will normally average forty (40) hours per week over a twelve (12) month period. However, inherent in their job is the responsibility and expectation that work weeks of longer duration may be necessary.
6. Management can require FLSA-exempt employees to work specified hours. However, subject to prior notification and approval, FLSA-exempt employees have the flexibility to alter their daily and weekly work schedules within the pay period.
7. Within the parameters established by management, the employee shall be given the flexibility in determining how and when work is done, provided assigned duties are performed satisfactorily. The quality of work performed, the work product itself, and the fulfillment of professional duties should be the focus of the evaluation. If an employee fails to fulfill this function, it may indicate the need for a more fixed schedule in terms of being available.
8. No timekeeping device shall be implemented.
9. Shall not be charged paid leave nor docked for absences in less than whole- day increments. Fractional employees shall be charged time proportionate to their scheduled hours of work in accordance with their fractional status.
10. Shall be suspended a minimum of five or more consecutive days when facing adverse action; unless suspension is due to a violation of safety rules of major significance or violation of workplace conduct rules, then employee can be suspended in whole day increments.
11. When FLSA exempt employees are disciplined, they shall only be subject to suspension as stated in 10 above, termination or demotion. They shall not be subject to any other type of discipline such as temporary reduction in salary.
12. Shall not have absences of less than whole-day increments recorded for attendance or record keeping purposes.
13. Hour for hour record keeping for accounting, reimbursements, or for documentation relative to other applicable statutes, such as the Family Medical Leave Act is permitted.
14. Any dispute pertaining to this policy shall be resolved through the grievance procedure of the contract up to and including Step 3.
3. If a decision must be made between individuals regarding scheduling, time-off requests, priority should be given based on State service seniority.
4. Classifications COVERED by the Fair Labor Standards Act are reflected in the salary schedule as work week group (WWG) 2.
5. Classifications EXEMPT from the Fair Labor Standards Act are reflected in the salary schedule as work week group (WWG) E.
6. If an employee is delayed upon arrival at a sally port or between the sally port(s) and their assigned work area, through no fault of the employee, the delay shall not be used against the employee.

1. For employees who are covered by the FLSA, the State will credit a Bargaining Unit 19 employee with a minimum of four (4) hours regular work time for an authorized callback when an employee is called back to work after completion of their regularly scheduled work shift and has left the work premises. When a Bargaining Unit 19 employee is called back within four (4) hours of the beginning of the employee’s next scheduled work shift, call back credit shall be received only for the hours remaining before the beginning of the employee’s next scheduled work shift.
2. Callback credit will commence when the employee begins work and will terminate when the employee stops working. However, hours worked which are contiguous to an employee's regular working hours, which may include a meal period after completion of a regular work shift, will not be considered callback.
3. At the discretion of the State, callback credit may be paid in cash to the employee.
4. The State shall utilize standby coverage, not voluntary callback, for facilities that require a pharmacist to be on standby twenty-four hours per day due to licensing or accreditation.

1. For Bargaining Unit 19 employees covered by FLSA, standby is defined as the express requirement that an employee be available during specified off-duty hours to receive communication regarding a requirement to return to work. It shall not be considered standby when employees are contacted or required 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 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 four (4) hours on standby, an employee shall receive one (1) hour of compensating time off (CTO). For every hour on standby or major fraction thereof (30 minutes or more), an employee shall receive fifteen (15) minutes of compensating time off.
4. No standby credit will be earned if the employee is called back to work and receives callback credit during any given four-hour period.
5. For employees covered by FLSA, CTO credit earned as a result of standby shall be considered time worked for the purposes of qualifying for overtime. The time spent on standby status does not count towards an employee’s forty hour (40) workweek.
6. At the discretion of the State, CTO credited as a result of standby may be paid in cash to the employees.

1. Alternate work schedules include, but are not limited to, variable daily work hours, flex-time, adjusted weekly work schedules, 9-80, and/or 4-10-40.
2. Upon request of an authorized Union representative, the State agrees to meet with the Union to consider its proposals to establish alternate work hours within an office, program or work unit.
3. An individual may request an alternate work schedule. These requests shall not be unreasonably denied. If a decision must be made between individuals seeking an alternate work schedule, priority should be given based on state service seniority.
4. The person with the authority to respond will endeavor within fifteen (15) calendar days of the initial request to approve or deny in writing the response to an alternate work schedule request. Where it is not possible to respond within the fifteen (15) calendar days, the response in writing will be given no later than thirty (30) calendar days of the request.
1. Requests for alternate work schedules shall not be arbitrarily denied or cancelled.
2. Cancellation of an alternate work schedule will be based on operational needs and the specific reason for the cancellation will be provided in writing within thirty (30) calendar days.
5. When an employee falls short of the total number of hours for the pay period because of a 4-10-40 or other alternate work schedule and despite having worked forty (40) hours each week, the following shall occur in order to reconcile pay:
1. If the employee has "excess time" on the books, this time shall be used first. "Excess time" is defined as hours accumulated as a result of an alternate work schedule without working overtime.
2. If the employee does not have excess time, the employee shall use accumulated CTO. In the absence of accrued CTO, the employee shall use vacation or dock time.
6. Where religious holiday observances help maintain "good standing" in a Chaplain's denomination or faith group, a Chaplain or Native American Spiritual Leader shall be able to exchange religious holidays for regular days off.
7. Maintaining a minimum leave balance alone is not the only determining factor in the approval or denial of an alternate work schedule for Bargaining Unit 19 WWG E employees.

1. A department head or designee may grant a permanent employee's request to work less than full time, but no less than half time. Employees shall receive a proportionate reduction in salary, retirement credits, sick leave accrual, vacation leave accrual, holiday pay, and seniority. Employees shall continue to receive the full State contribution to health, dental, and vision plans as provided in Section 10.1 of this Agreement.
2. Under this Article, two equally qualified employees may share one full-time job. The State shall consider such requests and may not deny requests for job sharing except for defined operational reasons. Specific reason(s) for the denial will be provided in writing within fifteen (15) business days.

1. A permanent intermittent 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 permanent intermittent employee may work up to one thousand five hundred (1,500) hours in any calendar year based upon Government Code Section 19100 et “seg”. The number of hours and schedule of work shall be determined based upon the operational needs of each department. The use of the State Personnel Board Rule 277 is one of the many employment alternatives the appointing power may elect to use to fill vacant positions within a competitive selection process.
2. Each Department may establish a pool of Bargaining Unit 19 employees who are available for intermittent employment based upon operational need. The pool shall not be established for the purpose of circumventing the hire of employees on a full-time basis.
3. Each Department shall provide a permanent intermittent employee with a minimum of seventy-two (72) hours notice of the work schedule, except when they are called to fill in for unscheduled absences or for unanticipated operational needs.
4. Upon mutual agreement, a department head or designee may grant a permanent intermittent 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.
5. The State may permit the appointment of eligible permanent full-time Bargaining Unit 19 employees for additional appointments to fill advertised vacancies; or when management determines additional workload needs. Employees will document the actual hours worked and compensated at the established rate of pay at the institution where they are working their additional appointment.
6. Employees holding a position in addition to other full-time Bargaining Unit 19 employment with the State shall not receive credits (such as leave credits, State service) or benefits (such as health or retirement) for service in the additional position pursuant to the applicable government code sections and regulations.

1. Bargaining Unit 19 employees shall be permitted to use existing break rooms or rest areas for rest periods if it does not involve a departmental additional cost; if it does not interfere with departmental business needs; if it does not involve areas restricted for health and safety reasons; or if it does not impact on patient health and safety.
2. The departments shall endeavor to retain existing break rooms or rest areas unless the space becomes necessary for the conduct of State business. Bargaining Unit 19 employees may identify and request specific alternative locations which allow them to be removed from their daily routine.

1. ON-CALL ASSIGNMENT
1. On-call assignment is defined as a work-shift which is performed in addition to the Bargaining Unit 19 employees' regularly scheduled workweek in which the Bargaining Unit 19 FLSA exempt employee is:
1. Available by telephone electronic paging device at all times; and
2. Normally immediately available to return to the facility for any required medical support deemed necessary by the employee.
2. If the State deems it necessary, the State shall issue a Bargaining Unit 19 employee a cell phone or electronic paging device during an on-call assignment.
3. Effective the first day of the pay period following ratification by both parties, Bargaining Unit 19 employees shall receive $10 per hour for each hour while on an on-call assignment.
4. There shall be no pro-rata of hours, each hour shall be rounded to the next full hour, for example, 8 hours and 15 minutes, shall be paid as 9 hours.
5. On-call assignments shall only apply to Senior Psychologist (Specialist), Psychologist, and Clinical Social Work (CSW) classifications.
6. The State shall use qualified on-call personnel in the following order:
1. Volunteering Bargaining Unit 19 employee;
2. Mandatory assignments in inverse seniority order. CDCR/CCHCS shall endeavor to utilize available resources prior to making mandatory assignments under this language;
3. For the purpose of this section, “qualified” means a Bargaining Unit 19 employee possesses a current and unrestricted license, not under any adverse action, and not under investigation.
2. CALL BACK ASSIGNMENT
1. Bargaining Unit 19 employees who are required to return to the institution for a work-shift in addition to the Bargaining Unit 19 employees' regularly scheduled workweek shall receive hour for hour credit (CTO) with four (4) hours guaranteed. The four (4) hours begins when the employee arrives at the institution. When a Bargaining Unit 19 employee is called back within four (4) hours of the beginning of the employee’s next scheduled work-shift, call back credit shall be received only for the hours remaining before the beginning of the employee’s next scheduled work-shift.
2. Bargaining Unit 19 employees called back to an institution, under the provisions of Article 6.11 above, and who then leave and are called back again within the same four (4) hour period, shall only be compensated for additional hours worked beyond the four (4) hour call back guarantee.
3. In addition to the hour for hour credit and four (4) hours guaranteed, Bargaining Unit 19 employees shall be compensated for one (1) hour for travel time. Compensation shall be either CTO or cash at management’s discretion. Returns to the institution shall be documented.
1. When an employee is called back to the institution on a holiday, the employee may request cash compensation. It is at management’s discretion whether the request is granted.
4. Bargaining Unit 19 employees called back to an institution during a holiday shall receive either pay or CTO in accordance with Article 8.1 (Holidays), paragraph (H).
3. Compensation for On-Call/Call Back assignment shall not exceed 24 hours in any one (1) day period.
4. Upon employee request and supervisory approval, following an arduous on-call/ callback assignment, the department will attempt to grant the request for time off taking into account operational needs. If granted, the employee must use leave credits.
5. The provisions of Article 6.11 (A)(5) and Article 6.11 (B)(3a) are not subject to the grievance and arbitration procedure of this agreement.

1. Effective July 1, 2025, all employees in Bargaining Unit 19 shall receive a general salary increase (GSI) of 3%.
2. Effective July 1, 2027, all BU 19 classifications will be adjusted by increasing the maximum salary range by 4% and increasing the minimum salary range by 2%. Employees at the old maximum of the classifications shall move to the new maximum of the classification. Employees not at the old maximum of the classifications shall receive a Special Salary Adjustment of 2%. Employees in these classifications shall retain their anniversary date.

1. Bargaining Unit 19 employees shall receive annual Merit Salary Adjustments (MSA) in accordance with Government Code Section 19832. An employee shall be notified in writing the reasons for the denial of a MSA prior to the employee’s salary anniversary date. Notwithstanding CalHR Rule 599.684, an employee whose merit salary adjustment is denied may appeal pursuant to Article 5 (Grievance and Arbitration) of this Agreement.
2. Employees, at their discretion, who are eligible for a range change may defer their range change up to six (6) qualifying pay periods in order to coincide the range change with the effective date of their MSA. Said request by 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. Bargaining Unit 19 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 173 allocated hours a pay period shall, subject to the approval of the California Department of Human Resources, receive a pay differential of $325 per qualifying pay period.
2. The pay differential shall be subject to PERS deduction for either the employee or the State.
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 NDI, lump sum vacation, sick leave and excess hours due to fluctuating work schedules.

1. The State may provide Bargaining Unit 19 employees a recruitment and retention differential for specific positions, classifications, facilities, or geographic locations. When the state determines to change and/or implement a recruitment and retention differential, it shall notice and meet and confer over the impact of this decision.
2. Less than full-time permanent employees shall receive the recruitment and retention differential on a pro rata basis.
3. Permanent intermittents shall receive a prorated recruitment and retention differential based on the hours worked in the pay period.
4. The department may withdraw any recruitment and retention differential for a specific position(s), classifications, facilities or geographic locations for new hires with a 30-day notice to AFSCME.
5. It is understood by AFSCME that the decision to implement or not implement recruitment and retention payments or to withdraw authorization for such payments or differential, and the amount of such payments or differentials rest solely with the State and that such decision is not grievable or arbitrable.

1. The State shall provide a recruitment and retention differential of $200 per month to all employees in the classes listed below:
   
   

   CLASS CODE	SCHEM CODE	CLASSIFICATION
   8271	TP20	Consultant in Physical Therapy for Physically Handicapped Children
   8320	TR25	Industrial Therapist, Safety

2. Employees at locations authorized to receive a higher recruitment and retention differential as defined in this agreement, shall continue to receive said differential at the higher rate and will not receive the additional differential as outlined above.
3. Less than full-time permanent employees shall receive this recruitment and retention differential on a pro rata basis.
4. Permanent intermittent employees shall receive a prorated recruitment and retention differential based on the hours worked in the pay period.
5. The above recruitment and retention differential payments shall be considered as compensation for purposes of retirement contributions.

1. The State shall continue the monthly pay differentials for classifications working in departments/locations identified in Pay Differential 136 at the rate specified.
2. It is understood by AFSCME that this provision is designed to address recruitment and retention problems that exist with the specific classifications and that the decision to implement this differential is the sole responsibility of the State and that such decision is not grievable or arbitrable.
3. Employees at locations authorized to receive a higher recruitment and retention differential as defined in this agreement, shall continue to receive said differential at the higher rate and will not receive the additional differential as outlined above.
4. Less than full-time permanent employees shall receive this recruitment and retention differential on a pro rata basis.
5. Permanent intermittent employees shall receive a prorated recruitment and retention differential based on the hours worked in the pay period.
6. The above recruitment and retention differential payments shall continue to be considered as compensation for purposes of retirement contributions.

1. Bargaining Unit 19 employees who regularly work shifts shall receive a night shift pay differential as set forth below:
1. Bargaining Unit 19 employees shall qualify for the first night shift (PM shift) pay differential of eighty (80) cents per hour where four (4) or more hours of the regularly scheduled work shift falls between 6:00 p.m. and 12:00 midnight. Effective July 1, 2021, the differential rate will change to $1.65 per hour.
2. Bargaining Unit 19 employees shall qualify for the second night shift (NOC shift) pay differential of one (1) dollar per hour where four (4) or more hours of the regularly scheduled work shift falls between 12:00 midnight and 6:00 a.m. Effective July 1, 2021, the differential rate will change to $2.00 per hour.
2. For Rehabilitation Therapists in the Departments of Developmental Services and State Hospitals, shift differentials will be paid as follows:
1. Bargaining Unit 19 employees whose regularly scheduled shift requires them to work four (4) or more hours between the hours of 4 p.m. and 12 midnight will be paid eighty (80) cents per hour for all hours worked. Effective July 1, 2021, the differential rate will change to $1.65 per hour.
2. Bargaining Unit 19 employees whose regularly scheduled shift requires them to work four (4) or more hours between the hours of 12 midnight and 6 a.m. will be paid one (1) dollar per hour for all hours worked. Effective July 1, 2021, the differential rate will change to $2.00 per hour.
3. Bargaining Unit 19 employees who work four (4) or more hours of a scheduled shift on either a Saturday or a Sunday shall receive an additional sixty-five (65) cents pay differential per hour for their scheduled weekend work. Effective July 1, 2021, the differential rate will change to $1.35 per hour.
4. "Regularly scheduled work shift" are those regularly assigned work hours established by the department director or designee for the duration of at least one (1) monthly pay period.
5. The pay differentials shall not be subject to CalPERS deductions for the purpose of retirement contributions.

1. Definition of bilingual positions for Bilingual Differential Pay
1. A bilingual position salary differential purposes requires the use of a bilingual skill on a continuing basis averaging ten percent (10%) of the time. Anyone using their bilingual skills ten percent (10%) or more of the time will be eligible whether they are using them in a conversational, interpretation, or translation setting. In order to receive bilingual differential pay, the position/employee must be certified by the using department and approved by the California Department of Human Resources. 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 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. An employee meeting the bilingual differential pay criteria during the entire monthly pay period would receive a maximum $100 per monthly pay period, including holidays. Effective July 1, 2021, the differential rate will change to $200 per monthly pay period, including holidays.
2. A monthly employee meeting the bilingual differential pay criteria less than the entire pay period would receive the differential on a pro rata basis.
3. A fractional month employee meeting the bilingual differential pay criteria would receive the differential on a pro rata basis.
4. An employee paid by the hour meeting the bilingual differential pay criteria would receive a differential of $.58 per hour. Effective July 1, 2021, the differential rate will change to $1.15 per hour.
5. An employee paid by the day meeting the bilingual differential pay criteria would receive a differential of $4.61 per day. Effective July 1, 2021, the differential rate will change to $9.23 per day.
3. Employees, regardless of the time base or tenure, who use their bilingual skills more than ten percent (10%) of the time on a continuing basis and are approved by the Department of Human Resources will receive the bilingual differential pay on a regular basis.
4. Bilingual differential payments will become earnings and subject to contributions to the State Retirement System, OASDI, levies, garnishments, Federal and State taxes.
5. Employees working in positions which qualify for regular bilingual differential pay as authorized by the California Department of Human Resources 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 the California Department of Human Resources approves the departmental pay request. The effective date shall be retroactive to the date of appointment, not to exceed one (1) year, and may be retroactive up to two (2) years, to a position requiring bilingual skills when the appointment documentation has been delayed. The effective date for bilingual pay differential shall coincide with the date qualified employees begin using their bilingual skills on a continuing basis averaging ten percent (10%) of the time, consistent with the other provisions of this section.
7. Bilingual salary payments will be included in the calculation of lump sum vacation, sick leave and extra hour payments to employees terminating their State service appointment while on bilingual status.
8. Employees receiving regular bilingual differential pay will have their transfer rights determined from the maximum step of the salary range for their class. Incumbents receiving bilingual pay will have the same transfer opportunities that other class incumbents are provided.
9. The bilingual differential pay shall be included in the rate used to calculate temporary disability, industrial disability and non-industrial disability leave benefits.

1. When the State determines an overpayment has been made to an employee, it shall notify the employee of the overpayment and afford the employee an opportunity to respond prior to commencing recoupment actions. Thereafter, reimbursement shall be made to the State through one of the following methods mutually agreed to by the employee and the State:
1. Cash payment or payments.
2. Installments through payroll deduction to cover at least the same number of pay periods in which the error occurred.
3. The adjustment of appropriate leave credits or compensating time off, provided that the overpayment involves the accrual or crediting of leave credits (e.g., vacation, annual leave, or holiday) or compensating time off. Any errors in sick leave balances may only be adjusted with sick leave credits. Absent mutual agreement on a method of reimbursement, the State shall proceed with recoupment in the manner set forth in paragraph (2).
2. An employee who is separated from employment prior to full repayment of the amount owed shall have withheld from any money owing the employee upon separation an amount sufficient to provide full repayment. If the amount of money owing upon separation is insufficient to provide full reimbursement to the State, the State shall have the right to exercise any and all other legal means to recover the additional amount owed.
3. Amounts deducted from payment of salary or wages pursuant to the above provisions, except as provided in subdivision (B), shall in no event exceed twenty-five (25) percent of the employee’s net disposable earnings.
4. No administrative action shall be taken by the State pursuant to this section to recover an overpayment unless the action is initiated within three (3) years from the date of overpayment.
5. If an employee disputes that an overpayment has occurred, the employee may file a grievance at the second step of the grievance process.

1. As used in this article, terms are defined as follows:
1. “Salary range” is the range 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 5 percent 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 (5) percent differential above or below a rate rounded to the nearest dollar and cents amount. 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);
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 is 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 salary ranges;
5. “Substantially the same salary range” is a salary range with the maximum salary rate less than two steps higher, lower 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 steps higher than the maximum salary rate of another salary range;
7. “Lower salary range” is a salary range with the maximum salary rate at least two steps lower than the maximum salary rate of another salary range. Unless otherwise provided the lowest salary range currently authorized for class is used to make salary comparisons between classes except for deep classes. Any rate falling within the salary range for class may be used to accomplish appropriate step differentials in movement between classes and salary ranges.

1. The State shall provide a Clinical Supervision Pay differential to:
1. Licensed Clinical Social Workers (LCSW) who provide clinical supervision to an unlicensed individual such as an Associate Clinical Social Worker or Master Level Social Work student.
2. Licensed Psychologists, who provide clinical supervision to an unlicensed individual such as an unlicensed psychologist, Clinical Psychology Intern, doctoral student in training, unlicensed social worker or Masters Level Social Work Student.
2. The LCSW or licensed Psychologist shall have met the relevant board’s requirements for clinical supervision, as defined in their regulations, to provide clinical supervision.
3. Employees who provide clinical supervision duties during a qualifying pay period shall receive a $500 differential for that pay period.
4. In the event that the State supervisor identifies performance issues, and has been unable to resolve these issues through appropriate administrative intervention, the State supervisor may terminate the clinical supervision and the differential shall be terminated.
5. The above differential payments shall not be considered as compensation for purposes of retirement contributions.
6. Upon request from AFSCME, DSH, DDS and/or CDCR agree to form individual committee(s) to determine the feasibility of continuance or enhancements to this program. The committee will be structured pursuant to Section 19.6.

1. Requests for arduous pay shall be made to California Department of Human Resources (CalHR) on a case-by-case basis by the employing department. CalHR shall evaluate said requests based on whether it satisfies all of the following:
1. Non-negotiable Deadline or Extreme Urgency
   
   The work must have a deadline or completion date that cannot be controlled by the employee or their supervisor, or must constitute an extreme urgency. The deadline or extreme urgency must impose upon the employee an immediate and urgent demand for their work that cannot be avoided or mitigated by planning, rescheduling, postponement or rearrangement of work, or modification of the deadline.
2. Work Exceeds Normal Work Hours and Normal Productivity
   
   The work must be extraordinarily demanding and time consuming, and of a nature that it significantly exceeds the normal workweek and work productivity expectations of the employee’s work assignment.
   
   Employees who are excluded from FLSA are expected to work variable work scheduled as necessary to meet the demands of the job. This pay differential is not intended for employees who regularly or occasionally work in excess of the normal workweek to meet normal workload demands. It is intended where in addition to working a significant number of hours in excess of the normal workweek, there is a demand for and achievement of greater productivity or result.
   
   Time that an employee is absent during their regular working hours, whether paid or unpaid, shall be taken into consideration when CalHR reviews arduous pay requests from departments.
3. Work is Unavoidable
   
   The work must be of a nature that it cannot be postponed, redistributed, modified, reassigned or otherwise changed in any way to provide relief.
4. Work Involves Extremely Heavy Workload
   
   The work is of a nature that it cannot be organized or planned to enable time off in exchange for the extra hours worked. The absence from work would cause difficulty or hardship on others and would result in other critical work not being completed. Occasional heavy workload of less than twelve (12) to fourteen (14) days in duration would not normally satisfy this requirement because time off can be arranged as compensation for this demand.
5. No other Compensation
   
   The employee who is receiving this pay differential is not eligible for any other additional compensation for the type and nature of the above-described work.
6. Department decisions not to submit arduous pay requests to the CalHR, and CalHR decisions to deny arduous pay, shall not be subject to the grievance or arbitration provisions in Article 5.
2. Nothing in this section or in Pay Differential 62 is intended to change or modify the definition, interpretation, or application of Work Week Groups E or SE.
3. If an employee is absent using paid leave during the period of time of which arduous pay is requested, or an employee can average hours by taking time off, then it suggests these criteria have not been met.
4. The decision of CalHR pursuant to these criteria shall be final and shall not be subject to either the grievance or arbitration procedure in Article 5.

1. The parties agree to establish a Joint Labor Management Committee to advise the State Controller on planned and anticipated changes to the State’s payroll system. Topics to be explored include, but are not limited to, design of and transition to a biweekly pay system, hourly rates of pay, changes in earnings statements, and direct deposit of employee’s pay.
2. The committee shall be comprised of an equal number of management representatives and Union representatives. In addition, the California Department of Human Resources shall designate a chairperson of the committee.
3. The Union may have one representative who shall serve without loss of compensation. All other expenses shall be the responsibility of each party participating on this committee.
4. The state provided notice on March 8, 2023, to begin discussions regarding the implementation of the California State payroll System Project. The parties agree that the MOU will not be a barrier in the implementation of the payroll system.

1. The State shall provide a differential to the following Bargaining Unit 19 employees who supervise an intern in accordance with an appropriate governing body, toward licensure, certification or credentialing:
1. Public Health Nutrition Consultant III (Specialist) (Class Code 2166)
2. Rehabilitation Therapists (Class Codes 8414*, 8420, 8423*, 8422*, 8311*, 8321, 8289*, 8323, 8312*, 8324)
3. Recreational Therapists (Class Codes 9286)
4. Registered Dietitians (Class Codes 9279*, 2167*, 2172*)
5. Physical Therapists I and II (Class Codes 8280*, 9281*, 8315*, 8277*, 9342*)
6. Occupational Therapists (Class Codes 8288*, 9280*, 8204*)
7. Senior Occupational Therapists (Class Codes 8287*, 9346*)
   
   *effective the first day of the pay period following ratification by the Legislature and AFSCME
2. Employees meeting the above criteria for at least eleven (11) days during a qualifying pay period shall receive a $100 differential for that pay period.
3. In the event that the State supervisor identifies performance issues, and has been unable to resolve these issues through appropriate administrative intervention, the State supervisor may terminate the clinical supervision and the differential shall be terminated.
4. The above differential payments shall not be considered as compensation for purposes of retirement contributions.
5. Upon request from AFSCME, DSH, DDS, DOR, and/or CDCR agree to form individual committee(s) to determine the feasibility of continuance or enhancements to this program. The committee will be structured pursuant to Article 19.6.

1. Effective the pay period following ratification, Pay Differential 324 will be amended as follows:
1. All eligible employees hired after the first day of the pay period following ratification by both parties shall be eligible for a bonus payment as provided below:
1. After completing 12 consecutive qualifying pay periods, eligible employees shall receive a bonus payment, payable no more than 60 days after the completion of the pay period, of 1 percent of their base salary.
2. After completing 24 consecutive qualifying pay periods, eligible employees shall receive a bonus payment, payable no more than 60 days after the completion of the pay period, of 2 percent of their base salary.
3. After completing 36 consecutive qualifying pay periods, eligible employees shall receive a bonus payment, payable no more than 60 days after the completion of the pay period, of 3 percent of their base salary.
4. After completing 48 consecutive qualifying pay periods, eligible employees shall receive a bonus payment, payable no more than 60 days after the completion of the pay period, of 4 percent of their base salary.
5. After completing 60 consecutive qualifying pay periods, eligible employees shall receive a bonus payment, payable no more than 60 days after the completion of the pay period, of 5 percent of their base salary.
6. After completing 72 consecutive qualifying pay periods, eligible employees shall receive a bonus payment, payable no more than 60 days after the completion of the pay period, of 6 percent of their base salary.
7. After completing 84 consecutive qualifying pay periods, eligible employees shall receive a bonus payment, payable no more than 60 days after the completion of the pay period, of 7 percent of their base salary.
2. Employees hired before the first day of the pay period following ratification by both parties are eligible for the following:
1. Eligible employees who have less than 84 consecutive qualifying pay periods as of that first day of the pay period following ratification by both parties, shall be entitled to the bonus amount(s) as specified upon completion of the next qualifying bonus criteria e.g. employee had 62 consecutive qualifying pay periods, employee will be eligible for the next payment criteria after accumulating 72 consecutive pay periods in an eligible classification.
2. Employees who have more than 84 consecutive qualifying pay periods in an eligible classification are not entitled to any additional payment.
3. Eligible employees in class codes 9873, 9839, 9872, 9877 not receiving prior payments under this differential and hired prior to 08/01/2016 in these classifications and departments shall receive a one time payment of $10,000.
3. For the purposes of calculating the bonus payment amount, the calculation will be based on the employee’s annualized base pay as of the first day of the pay period following completion of each payment's criteria.
4. Employees must remain in good standing (i.e. no formal adverse action, overall negative performance review, or under a complaint initiated peer review) for the duration of the eligibility period to receive the bonus.
5. Eligibility Criteria:
1. Employee must be treating patients in-person, on grounds or at a facility more than 50% of each qualifying pay period.
2. If the employee voluntarily terminates or is discharged prior to completing the consecutive qualifying pay periods required for eligibility for this differential, there will be no pro rata payment of those months served.
3. If an employee transfers to another location within their department without a break in service, the qualifying consecutive pay periods at each location shall be cumulative.
4. If an employee promotes without a break in service from a classification listed above to another classification listed above within their department the qualifying consecutive pay periods at CDCR/DSH shall be cumulative.
5. If an employee transfers or promotes to a different department, regardless of the classification, there will be no pro rata payment of those months served.
6. Management initiated redirections or changes in assignment will not disqualify the employee from receiving the pay differential.
7. For the purposes of counting qualifying time towards eligibility for payment of the pay differential, approved leaves of absence such as maternity/paternity leave, medical leave, FMLA or military leave shall not be considered a break in service or considered to break the consecutive month requirement.
8. Part-time and intermittent employees shall receive a pro rata share of the recruitment differential based on the total number of hours worked during the completion of each qualifying period.
9. The State reserves the discretion to adjust or terminate this differential by providing a 30-day notice to the exclusive representative of the unit impacted.
6. This differential shall not be considered as compensation for purposes of retirement contributions.
7. This differential shall not be subject to the grievance or arbitration processes.

1. Effective the first day of the pay period following ratification by both parties, all Bargaining Unit 19 employees, whose designated worksite is located in the following counties, shall be eligible to receive a Geographical Pay Differential of $250 per month for each qualifying pay period as defined in CalHR Rule: 
1. Los Angeles
2. Napa
3. San Diego
4. San Francisco
5. Santa Barbara
6. Marin
2. Part-time and intermittent employees shall receive this differential on a pro-rata basis.
3. This pay differential shall not be considered as compensation for purposes of retirement contributions.

1. All full-time employees shall be entitled to such holidays with pay as provided herein, in addition to any official State holidays appointed by the Governor.
2. Such holidays shall include:
1. January 1,
2. the third Monday in January,
3. the third Monday in February,
4. March 31,
5. the last Monday in May,
6. July 4,
7. the first Monday in September,
8. November 11,
9. Thanksgiving Day,
10. the day after Thanksgiving Day, and
11. December 25 (Christmas)
3. When November 11 falls on a Saturday, full-time employees shall be entitled to the preceding Friday as a holiday with pay.
4. When a holiday other than a personal holiday or November 11 falls on a Saturday, full-time employees shall, regardless of whether they work on the holiday, only accrue an additional eight (8) hours of personal holiday credit per fiscal year, per said holiday.
5. When a holiday other than a personal holiday falls on Sunday, the following Monday, not Sunday, shall be treated as the holiday for purposes of this Article.
6. When an observed holiday falls on an employee’s regularly scheduled day off, employees shall accrue up to eight (8) hours of holiday credit, per said holiday, in accordance with Section 8.1 (A), (B) and (I). Any employee shall receive compensation for only the observed or actual holiday, not both.
7. Full-time employees covered by the provisions of the Fair Labor Standards Act (FLSA) who are required to work on January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day and Christmas shall be entitled to pay at one and one-half (1.5) times for all hours worked on the holiday and eight hours of holiday credit. The method of compensation shall be at the appointing authority’s discretion.
1. Overtime hours worked on a holiday shall be paid the overtime premium, at a rate of one-half (0.5) times the applicable hourly rate, in addition to pay for working on a holiday. Holiday premium pay, calculated at one-half (0.5) times the applicable hourly rate for hours worked on January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day and Christmas shall count towards any premium overtime compensation earned during the same workweek. This section satisfies the provision of Article 6 (Hours of Work and Overtime).
2. Notwithstanding subdivision (E) above, when January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving or December 25 falls on a Sunday and the employee is required to work on the Sunday, the employee shall be paid one and one-half (1.5) times for all hours worked on the Sunday.
3. Employees shall not receive one and one-half (1.5) times for hours worked on the Monday following the Sunday holiday. For example, employees will receive the following when a holiday identified in this subdivision falls on a Sunday:
   
   

   Sunday (Holiday)	Monday	Employee Compensation
   Employee works 8 hours	Employee works 8 hours	8 hrs @ 1.5 rate (Sun) 8 hrs regular pay for working and 8 hrs holiday credit (Mon)
   Employee works 8 hours	Employee does not work	8 hrs @ 1.5 rate (Sun) Compensation per subdivision (A) above (Mon)
   Employee does not work	Employee works 8 hours	No compensation for Sunday 8 hrs regular pay for working and 8 hrs holiday credit (Mon)
   Employee does not work	Employee does not work	No compensation for Sunday Compensation per subdivision (A) above (Mon)

8. Full-time employees who are exempt from the provisions of the FLSA who are required to work on January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day and December 25, shall receive an additional four (4) hours of Informal Time Off (ITO) in addition to the holiday credit received for the holiday.
   
   Notwithstanding subdivision (E) above, when January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day or December 25 falls on a Sunday and the FLSA-exempt employee is required to work on the Sunday, the employee shall receive four (4) hours of ITO for working on the Sunday. Employees shall not receive ITO for hours worked on the Monday following the Sunday holiday.
9. Part-time employees shall receive holidays in accordance with the provisions of 9.1. Permanent Intermittent (PI) employees will be eligible for holiday pay on a pro rata basis, based on hours worked during the pay period for observed holidays specified above in accordance with the following chart. If a PI employee works on the holiday, the employee shall also receive their hourly rate of pay for each hour worked.
   
   

   Hours on pay status during pay period	Holiday Hours
   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 and over	8

1. Every full-time employee, upon completion of six (6) months of their initial probationary period in State service, shall be entitled to one (1) personal holiday per fiscal year.
1. The personal holiday shall be credited to each full-time employee on the first day of July.
2. No employee shall lose a personal holiday credit because of the change from calendar to fiscal year crediting.
3. 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. The Department head or designee will endeavor to approve or disapprove the request for use of a personal holiday within five (5) days after receipt of the request. 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 personal holiday on a straight time (hour-for-hour) basis.
4. Employees shall not be allowed to carry over or cash out more than two (2) personal holidays in any fiscal year.
5. Subject to subsection 3 above, use of personal holidays shall be granted in accordance with departmental policies on this subject.

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

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

   An employee who returns to State service after an absence of six (6) months or longer caused by a permanent separation shall receive a one-time vacation bonus on the first monthly pay period following completion of six (6) qualifying pay periods of continuous service in accordance with the employee's total State service before and after the absence.
2. A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall earn vacation credit as set forth under item “A” above. Absences from State service resulting from a temporary or permanent separation for more than eleven (11) consecutive working days which falls between two (2) consecutive qualifying pay periods shall disqualify the second pay period.
3. Employees working less than full time accrue prorated vacation in accordance with the employee’s time base.
   
   
   CHART FOR COMPUTING VACATION, ANNUAL, SICK LEAVE, AND HOLIDAY CREDITS FOR ALL FRACTIONAL TIME BASE EMPLOYEES
   
   

   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

4. If an employee does not use all of the vacation that the employee has accrued in a calendar year, the employee may carry over their accrued vacation 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 leave hours if an employee was unable to reduce their accrued hours because the employee (1) was required to work as a result of fire, flood or other extensive emergency; (2) was assigned work of a priority or critical nature over an extended period of time; (3) was absent on full salary for compensable injury; (4) was prevented by department regulations from taking vacation until December 31 because of sick leave; or (5) was on jury duty.
5. In the event a department head or designee does not provide the opportunity to take sufficient vacation to reduce the employee's accumulated vacation to six hundred forty (640) hours as of January 1 of each year or provide for vacation carryover in D. above, the employee may take as a matter of right, immediately preceding January 1, the number of days of accumulated vacation required to reduce such accumulation to six hundred forty (640) hours. In order to exercise this right, the employee shall request to use the excess amount of vacation at least thirty (30) days in advance of usage. If an employee does not take sufficient vacation to reduce their accumulation to six hundred forty (640) hours as of each January 1, all vacation hours in excess of six hundred forty (640) will be lost.
6. Upon termination from State employment, the employee shall be paid for unused vacation credits for all accrued vacation time.
7. The time when vacation shall be taken by the employee shall be determined by the department head or designee. This shall include the right to order an employee to take vacation anytime during the calendar year if an employee's vacation accumulation exceeds or would exceed the vacation cap in D. above, on December 31 of the calendar year.
8. Vacation requests must be submitted in accordance with departmental policies on this subject. However, when two (2) or more BU 19 employees on the same shift (if applicable) in a work unit (as defined by each department head or designee) request the same vacation time, and approval cannot be given to all employees requesting it, employees shall be granted their preferred vacation period in order of seniority (defined as total months of State service in the same manner as vacation was accumulated). When two (2) or more employees have the same amount of State service, department seniority will be used to break the tie.
9. Each department head or designee will respond to vacation requests within fifteen (15) business days.
10. Vacation time may be used in increments of fifteen (15) minutes for Work Week Group (WWG) 2 employees.
11. In lieu of vacation credits, any employee who is subject to the Annual Leave Program outlined in Article 9.3 and who is appointed (this includes but is not limited to initial appointment into State service, reinstatement, promotion, transfer and demotion) in a position in Bargaining Unit 19 shall continue to be subject to the Annual Leave Program and the Enhanced Non-Industrial Disability Insurance (NDI) benefit provisions of Article 10.3.
12. Vacation approval shall not be contingent on a Bargaining Unit 19 employee being required to find coverage for their assignment and/or caseload.
13. With prior approval, employees may use accrued vacation hours to extend the duration of any other type of approved leave for purposes of addressing work and family issues.

1. Definition
   
   As used in this Section, "sick leave" means the necessary absence from duty of an employee because of:
1. Illness or injury;
2. Quarantined because of exposure to a contagious disease;
3. Dental, eye, and other physical or medical examination or treatment by a licensed practitioner;
4. Attendance upon the employee's ill or injured mother, father, husband, wife, son, daughter, brother, sister, domestic partner that has been defined and certified with the Secretary of State’s Office in accordance with Family Code Section 297, or any person residing in the immediate household. Such absence shall be limited by the department head or designee to the time reasonably required for such care; however, in no case shall it exceed six (6) work days per occurrence.
5. Per the Healthy Workplaces, Healthy Families Act of 2014, an employer shall provide sick leave for the following purposes:
1. To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
2. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
3. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
4. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.
2. Credit for Full-Time Employment
   
   On the first day of the monthly pay period following completion of each monthly pay period of continuous service, each full-time employee in the State civil service shall be allowed one day (eight [8] hours) of credit for sick leave with pay. A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall earn full sick leave credit. Absences from State service resulting from a temporary or permanent separation of more than eleven (11) consecutive working days which fall between two (2) consecutive qualifying pay periods shall disqualify the second pay period.
3. Credit for Less than Full-Time Employment
1. Intermittent employees: On the first day of the monthly pay period following completion of each period of one hundred sixty (160) hours or twenty (20) days of paid employment, each intermittent employee in the State civil service shall be allowed one (1) day of credit for sick leave with pay. The hours or days worked in excess of one hundred sixty (160) hours or twenty (20) days in a monthly pay period shall not be counted or accumulated.
2. 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 in the State civil service shall be allowed, on a pro rata basis, the fractional part of one (1) day of credit for sick leave with pay.
3. Multiple Positions Under This Rule:
1. An employee holding a position in addition to other full-time employment 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 full-time employment credit.
4. Sick Leave Usage
1. The department head or designee shall approve sick leave only after having ascertained that the absence is for an authorized reason. In cases where an absence is in excess of two (2) consecutive working days, where a pattern of excessive or abusive sick leave usage is observed, or where the State reasonably believes that sick leave has been requested for reasons other than defined in this Article, the employee's supervisor may require substantiating evidence, including but not limited to, a physician’s certificate. If the appointing power does not consider the evidence adequate, the request for sick leave shall be disapproved.
2. Sick leave may be requested and taken in fifteen (15) minute increments for WWG 2 employees who are currently subject to vacation and sick leave provisions may elect to enroll in the annual leave program at any time after 24 months has elapsed from date of last enrollment. The effective date of the election shall be the first day of the pay period in which the election is received by the appointing power. Once enrolled in Annual Leave, an employee shall become entitled to an enhanced NDI benefit (50 percent of gross salary).
5. Wounded Warrior Sick Leave
   
   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 military veteran with a military service-connected disability rated at thirty (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 ninety six (96) hours for the purpose of undergoing medical treatment for their military service-connected disability. Credit for sick leave granted under this subdivision shall be credited to a qualifying officer or employee on the first day of employment and shall remain available for use the following twelve (12) months of employment. Sick leave credited pursuant to this subdivision 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 subdivision is used for treatment of a military service-connected disability may be required pursuant to the rules adopted by the department.

1. Employees may elect to enroll in the Annual Leave Program to receive annual leave credit in lieu of vacation and sick leave credits. Employees enrolled in the annual leave program may elect to enroll in the vacation and sick leave program at any time except that once an employee elects to enroll in either the annual leave program or vacation and sick leave program, the employee may not elect to enroll in the other program until twenty four (24) months has elapsed from date of enrollment.
2. 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:
   
   

   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

   Part-time and hourly employees shall accrue proportional annual leave credits in accordance with the chart in Article 9.1, Vacation.
   
   Employees shall have the continued use of any sick leave accrued as of the effective date of this Agreement, in accordance with applicable laws, rules, or memorandum of understanding.
   
   All provisions necessary for the administration of this Section shall be provided by CalHR rule or memorandum of understanding.
3. A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall earn annual leave credits as set forth in CalHR Rules 599.608 and 599.609.
   
   Absences from State service resulting from a temporary or permanent separation for more than eleven (11) consecutive days which fall into two consecutive qualifying pay periods shall disqualify the second pay period.
4. Employees who work in multiple positions may participate in annual leave, provided an election is made while employed in an eligible position subject to these provisions. Annual leave accrual for employees in multiple positions will be computed by combining all positions, as in vacation leave, provided the result does not exceed the amount earnable in full-time employment, and the rate of accrual shall be determined by the schedule which applies to the position or collective bargaining status under which the election was made.
5. If an employee does not use all of the annual leave that the employee has accrued in a calendar year, the employee may carry over their accrued annual leave credits to the following calendar year to a maximum of 640 hours. A department head or designee may permit an employee to carry over more than 640 hours of accrued hours because the employee: (1) was required to work as a result of fire, flood, or other extensive emergency; (2) was assigned work of a priority or critical nature over an extended period of time; (3) was absent on full salary for compensable injury; (4) was prevented by department regulations from taking annual leave until December 31 because of sick leave; or (5) was on jury duty.
6. Upon termination from State employment, the employee shall be paid for accrued annual leave credits for all accrued annual leave time.
7. The time when annual leave shall be taken by the employee shall be determined by the department head or designee. If on January 1 of each year an employee’s annual leave bank exceeds the cap in subsection E., the department may order the employee to take annual leave.
8. Annual leave requests must be submitted in accordance with departmental policies on this subject. However, when two or more employees on the same shift (if applicable) in a work unit (as defined by each department head or designee) request the same annual leave time and approval cannot be given to all employees requesting it, employees shall be granted their preferred annual leave period in order of State seniority.
9. Each department head or designee will make every effort to act on annual leave requests in a timely manner, but no later than fifteen (15) business days from receipt of the request.
10. Annual Leave approval shall not be contingent on a BU 19 employee being required to find coverage for their assignment and/or caseload.
11. Annual leave that is used for purposes of sick leave is subject to the requirements set forth in section 9.2 Sick Leave, of this Agreement.
12. The Enhanced Non-Industrial Disability Insurance (ENDI) in Section 10.3 applies only to those in the annual leave program described above in this Section.
13. Employees who are currently subject to vacation and sick leave provisions may elect to enroll in the annual leave program at any time after twenty four(24) months has elapsed from date of last enrollment. The effective date of the election shall be the first day of the pay period in which the election is received by the appointing power. Once enrolled in Annual Leave, an employee shall become entitled to ENDI benefits (50 percent of gross salary).

1. Upon request of an employee and upon approval of a department director or designee, leave credits (CTO, vacation, annual leave, personal leave program (all years), and/or holiday credit) shall be transferred from one or more employees to another employee, in accordance with departmental procedures under the following conditions:
1. When the receiving employee faces family care responsibilities or financial hardship due to injury or the prolonged illness of the employee, mother, father, spouse’s parent’s, husband, wife, son, daughter, brother, sister, or domestic partner that has been defined and certified with the Secretary of State’s Office in accordance with Family Code Section 297, or any person residing in the immediate household.
2. When the receiving employee is absent for approved parental or adoption leave purposes.
2. For the purposes of transferring leave credits the following conditions shall apply:
1. The receiving employee has exhausted all leave credits.
2. The donations must be a minimum of one (1) hour and in whole hour increments.
3. Transfer of annual leave, personal leave program (all years), vacation, CTO and holiday credits shall be allowed to cross departmental lines in accordance with the policies of the receiving department. A personal holiday must be transferred in one day increments pursuant to the donating employee’s time base).
4. 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.
3. Donations shall be made on a form to be developed 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 donation shall be returned to the appropriate donor.
4. This section is not subject to the Grievance and Arbitration Article of this Contract.

1. Permanent or probationary employees, and non-permanent employees who have been employed 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 may qualify with pay for specific occurrences outlined in Section B. and/or C. below. A request for the two (2) additional workdays of unpaid bereavement leave under this subsection shall be granted, and, at the option of the employee, charged against their accrued annual leave, vacation, sick, CTO, or any other earned leave credits. The bereavement leave days outlined in Sections A, B and C, do not need to be taken consecutively and must be completed within three (3) months of the date of death.
2. A department head or designee shall authorize bereavement leave with pay for a permanent or probationary full-time State employee due to the death of their parent, stepparent, spouse, domestic partner (as defined in accordance with Family Code 297), child, stepchild, adopted child, or death of any person residing in the immediate household of the employee at the time of death. An intervening period of absence for medical reasons shall not be disqualifying when, immediately prior to the absence, the person resided in the household of the employee. Such bereavement leave shall be authorized for up to three eight-hour workdays for a total of twenty four (24) hours per occurrence. The employee shall give notice to their immediate supervisor as soon as possible and shall, if requested by the employee's supervisor, within 30 days of the first day of the leave provide substantiation of the death of the family member such as 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, to support the request upon the employee’s return to work.
3. A department head or designee shall authorize bereavement leave with pay for a permanent full-time or probationary full-time employee due to the death of a grandchild, grandparent, brother, sister, aunt, uncle, niece, nephew, mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, or immediate family members of domestic partners as defined in Paragraph A above. Such bereavement leave shall be authorized for up to three (3) eight-hour workdays for a total of twenty four (24) hours in a fiscal year. The employee shall give notice to their immediate supervisor as soon as possible and shall, if requested by the employee’s supervisor, within 30 days of the first day of the leave provide substantiation of the death of the family member, such as 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 to support the request upon the employee’s return to work.
4. If the death of a person as described above requires the employee to travel over 400 miles one way from their home, additional time off with pay shall be granted for two (2) additional days which shall be deducted from accrued sick leave. Should additional leave be necessary, the department head or designee may authorize the use of other accrued existing leave credits or authorized leave without pay.
5. Employees may utilize their annual leave, vacation, CTO, or any other earned leave credits for additional time required in excess of time allowed in A or B above. Sick leave may be utilized for Bereavement Leave in accordance with the Sick Leave provision of this agreement.
6. Fractional time base (part-time) employees will be eligible for bereavement leave on a pro rata basis, based on the employees’ fractional time base.

1. An employee shall be allowed such time off without loss of compensation as is required in connection with mandatory jury duty. If payment is made for such time off, the employee is required to remit to the State jury fees received. 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.
2. An employee shall notify their supervisor immediately upon receiving notice of jury duty.
3. If an employee elects to use accrued vacation leave or compensating time off while on jury duty, the employee is not required to remit jury fees.
4. For purposes of this Section, "jury fees" mean fees received for jury duty excluding payment for mileage, parking, meals or other out-of-pocket expenses.

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 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 expiration of the unpaid leave of absence.
3. An unpaid leave of absence may be granted for, but not limited to, the following reasons:
1. For temporary incapacity due to illness or injury.
2. To be loaned to another governmental agency for performance of a specific assignment.
3. To seek or accept other employment during a layoff situation, or otherwise lessen the impact of an impending layoff.
4. Educational purposes.
5. To work for the Union.
6. Travel.
7. Personal or family matters.
4. A departmental head or designee may grant an unpaid leave of absence for a period of up to two (2) years for the purpose of performing humanitarian work in national or international service projects. However, there shall be no extensions beyond the two (2) years.
5. A leave of absence shall be terminated by the department head or designee:
1. At the expiration of the leave;
2. Prior to the expiration date with written notice at least fifteen (15) workdays prior to the effective date of the revocation.
6. An unpaid leave of absence shall only be denied for operational reasons. Such operational reasons shall be provided to the employee in writing at least thirty (30) calendar days after receipt of the leave request.

1. A department head or designee shall grant a permanent employee's request for an unpaid leave of absence for their pregnancy, childbirth, or the recovery therefrom, for a period not to exceed one (1) year. Upon request, the employee shall provide verification of the pregnancy.
2. A spouse or parent who is a permanent employee shall be entitled to an unpaid leave of absence for a period not to exceed six (6) months and may be granted an additional six (6) months, not to exceed a total of one (1) year, to care for a newborn child or shall be granted an unpaid leave of absence for a period not to exceed one (1) year to care for a child upon the disability or death of a parent.

1. Eligible employees may receive up to forty (40) hours of “mentoring leave” per calendar year to participate in mentoring activities once they have used an equal amount of their personal time for these activities. “Mentoring leave” is paid leave time, which may only be used by an employee to mentor. This leave does not count as time worked for purposes of overtime. “Mentoring leave” may not be used for travel to and from the mentoring location.
2. An employee must use an equal number of hours of their 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”, they must have used two (2) verified hours of their 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 their 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 their initial probationary period; and
3. Have committed to mentor a child or youth through a mentoring organization that meets the quality assurance standards, for a minimum of one school year. (Most programs are aligned with the child’s normal school year; however, there may be some that are less or more. Department management may make exceptions to the one school year commitment based on the mentor program that is selected.)
6. An employee is not eligible to receive mentoring leave if:
1. They are assigned to a “post” or level of care position in the Department of Corrections or Rehabilitation; or
2. They works in a level of care position in the Departments of Developmental Services, State Hospitals, Education and Veterans’ Affairs.
7. Permanent part-time and permanent intermittent employees may receive a prorated amount of mentoring leave based upon their timebase. For example, a halftime employee is eligible for twenty (20) hours of “mentoring leave” per calendar year, whereas an intermittent employee must work a monthly equivalent of 160 hours to earn 3.33 hours of mentoring leave.
8. Any appeals and/or disputes regarding this section shall be handled in accordance with the Complaint procedure specified in Article 5 of this Contract.

1. Family School Partnership Act
   
   Upon reasonable notice to the employer, an employee shall be permitted to use up to eight (8) hours per month, but not exceeding forty (40) hours per calendar year, of accrued leave credits (annual leave, vacation, personal holiday, holiday credit, PLP, or CTO) for the purpose of attending school or pre-school activities in which the employee’s child is participating.
   
   An employee’s leave request shall be in accordance with the appropriate department procedures.
2. Family Activity
   
   Subject to operational needs and reasonable notice to the employer, an employee shall be permitted to use up to a maximum of twenty (20) hours of accrued leave credits (annual leave, vacation, personal holiday, holiday credit, PLP, or CTO) per calendar year for the purpose of attending non-school family activities such as sports events, recitals, 4-H Club, etc. in which the employee’s child is participating.
   
   If an employee has exhausted available leave credits, the employee may request unpaid leave, unless they are currently subject to attendance restriction.
3. Family Crisis
   
   Subject to operational needs and upon reasonable notice to the employee’s immediate supervisor, employees shall be eligible to use accrued 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 that has been defined and certified with the Secretary of State’s office in accordance with Family Code Section 297, child, grandchild, grandparent, brother, sister, 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 Subsection 9.12 of this contract, Family and 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.
   
   In this paragraph and paragraphs A and B above, the word “child” is defined as the employee’s son, daughter or any child to whom the employee stands in loco parentis.

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 an FMLA leave may include an employee’s serious health condition, for the care of a child, spouse, 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 9.4 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 an FMLA leave will be administered in accordance with Section 9.2 and 9.4 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 9.4 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 9.4 of this Contract, an employee shall not be required to exhaust all leave credits available before choosing unpaid leave to cover an FMLA absence.
3. An eligible employee shall provide certification of the need for an 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 shall be provided to the employee in writing.
4. An eligible employee shall be entitled to a maximum of twelve (12) workweeks (480 hours) 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 9 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.
6. An employee on FMLA leave has a right to be restored to their 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 the Department Rules 599.608 and 599.609.
8. Any appeals regarding an 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 Department of Fair Employment and Housing. 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 State and the Union recognize amendments to the Family and Medical Leave Act and the California Family Rights Act (CFRA) may happen during the duration of the contract. In the event of an amendment, the State shall comply with the changes. Changes are subject to the entire agreement clause.

1. All Personal Leave accrued by Bargaining Unit 19 employees under the provisions of the Personal Leave Plan during the 1992-95 and 2003-06 Memorandum of Understanding shall remain in employees’ leave balances until such time as it is cashed out at the discretion of the employer, used as paid time off by the employee, or until the employee retires or terminates employment.
2. Personal leave shall be requested and used by the employee in the same manner as vacation or annual leave. Requests to use Personal Leave must be submitted in accordance with departmental policies on vacation or annual leave.
3. 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. Departments shall give consideration to an employee’s request to retain leave credits for future use rather than have the leave cashed out. 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.

1. Each department may decide whether it intends to offer the VPLP. Participating departments will notify employees of any program conditions that they may establish (e.g., eligibility criteria, maximum carryover credits, operational limitations) and procedures for program participation. Employee participation the program shall be on a voluntary basis.
2. Except for K below, only permanent full-time employees are eligible to participate in the VPLP. Interested employees may only request either one day (8 hours), or two days (16 hours) Personal Leave per month with an equal reduction in pay. Approval or denial of the request shall be at the general discretion of the department and may vary within a department. A department may only approve either one day (8 hours or two days (16 hours) personal leave. Salary ranges and rates shall not be affected because of VPLP participation.
3. Participating employees shall be credited with eight (8), or sixteen (16) hours of Personal Leave on the first day of the following monthly pay period the employee is in the VPLP.
4. Once approved, employees must remain in the Program for twelve (12) months unless a department establishes a lesser time period. Once approved for the VPLP, an employee agrees to remain in the program for that time period. In the case of financial hardship, an employee’s request to cancel participation may be approved by a department on a case-by-case basis. The State reserves the right to cancel the program on a departmental, subdivision, or individual basis at any time with thirty (30) days notice to the employee.
5. Personal Leave shall be requested and used by the employee in the same manner as vacation or annual leave. Requests to use Personal Leave must be submitted in accordance with departmental policies on vacation or annual leave. Employees may not be required to use Personal Leave credits.
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.
7. Participating employees shall be entitled to the same level of State employer contributions for health, vision, dental, flex-elect cash option, and enhanced survivors’ benefits he or she would have received had they not participated in the VPLP.
8. The VPLP 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.
9. The VPLP shall neither affect the employee’s final compensation used in calculation 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.
10. The VPLP shall be administered consistent with the existing payroll system and the policies and practices of the State Controllers’ Office.
11. Employees on EIDL, NDI, IDL, or Worker’s Compensation for the entire monthly pay period shall be excluded from the VPLP.
12. Continued participation in the program when an employee transfers to another department shall be at the discretion of the new department.

1. The use of the PLP 2010 and 2012 time is subject to supervisory approval, except that appointing powers shall ensure that all PLP 2010 and 2012 time is scheduled and taken prior to July 1, 2018. PLP 2010 and 2012 time shall be requested and used by the employee in the same manner as vacation/annual leave. PLP 2010 and PLP 2012 must be used before any other leave with the exception of sick leave.
   
   Request for use of PLP 2010 and 2012 time must be submitted in accordance with departmental policies on vacation/annual leave. Appointing powers may schedule employees to take PLP 2010 and 2012 time off to meet the intent of this section. PLP 2010 and 2012 time shall not be included in the calculation of vacation/annual leave balances pursuant to Article 9 (Leaves).
2. Time during which an employee is excused from work because of PLP 2010 and 2012 time shall not be considered as “time worked” for purposes of determining the number of hours worked in a workweek.
3. PLP 2010 and 2012 time shall have no cash value and may not be cashed out. Employees have until July 1, 2018 to use all PLP 2010 and 2012 time. Any unused PLP 2010 and 2012 time shall be void after July 1, 2018. An employee may not use any kind of paid leave such as sick leave, vacation, or holiday time to avoid a reduction in pay resulting from the PLP 2010 and 2012.
4. The PLP 2010 and 2012 program shall not adversely affect an employee’s service anniversary date, create a break in service, or impact the accrual of vacation or any other leave credits, the payment of health, dental, or vision benefits, or the FlexElect cash option.
5. Compensation for purposes of retirement, death, and disability benefits shall not be affected by the PLP 2010 and 2012 and shall be based on the unchanged salary rate.
6. Service calculation for purposes of retirement allowances for employees participating in the PLP 2010 and 2012 program shall be based on the amount of service that would have been credited based on the unchanged salary rate.
7. The PLP 2010 and 2012 reduction shall not affect transfer determinations between state civil service classifications.
8. Part-time employees shall be subject to the same conditions as stated above, on a prorated basis consistent with their time base.
9. Disputes regarding the denial of the use of PLP 2010 and 2012 time may be appealed using the grievance procedure. The decision by the California Department of Human Resources shall be final and there may be no further appeals.

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, or 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 in whole hour increments and credited as vacation or annual leave.
5. Transfer of annual leave, vacation, CTO, and holiday credits shall be allowed to cross departmental lines in accordance with the policies of the receiving department.
6. The total leave credits received by the employee shall not normally exceed three (3) months; however, if approved by the appointing authority, the total leave credits received may be six (6) months.
7. Donations shall be made on a form to be developed by the State, signed by the donating employee, and verified by the donating department. These donations are irrevocable.
8. This section is not subject to the grievance and arbitration article of this Contract.

Time Base	PDD hours credited per PDD day
1/5	1.60
2/5	3.20
3/5	4.80
4/5	6.40
1/8	1.00
1/4	2.00
3/8	3.00
1/2	4.00
5/8	5.00
3/4	6.00
7/8	7.00
1/10	0.80
3/10	2.40
7/10	5.60
9/10	7.20

Hours on pay status during pay period	PDD hours credited per PDD day
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 and over	8

1. Consolidated Benefits (CoBen) Program Description
1. CoBen Allowance
   
   Upon ratification, the employer health benefits contribution for each employee shall be an amount equal to eighty (80%) percent of the weighted average of the Basic health benefit plan premiums for a State active civil service employee enrolled for self-alone, during the benefit year to which the formula is applied, for the four (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 (80%) percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four (4) Basic health benefit plans that had the largest State active civil service enrollment, excluding family members, during the previous benefit year. The allowance is based on the Health Benefit party codes in a health plan administered or approved by California Public Employees’ Retirement System (CalPERS). To be eligible for this contribution, an employee must positively enroll in a health plan administered or approved by CalPERS.
   
   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 of the month.
2. Enrollment Options
   
   Employees will be permitted to choose a different level of benefit coverage according to their 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 they have qualifying group health coverage as defined by CalHR from another source, the employee’s dental benefit enrollment party code will determine the allowance amount.
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 they have qualifying group health coverage and dental coverage, as defined by CalHR, from other sources, the employee may enroll in the CoBen Cash Option program during the open enrollment period or as newly eligible to receive $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 they have qualifying group health coverage, as defined by CalHR, from another source, but enrolls in a dental plan administered or approved by CalHR, the employee may enroll in the CoBen Cash Option program during the open enrollment period or as newly eligible to receive $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. Permanent Intermittent (Pl) employees shall be eligible to participate in the CoBen Cash Option and receive a six-month cash payment for the first control period of each plan year if they certify having qualifying group health or health and dental coverage, as defined by CalHR, from another source and meet all of the following criteria:
1. must be eligible to enroll in health or health and dental coverage as of January 1 of the Plan Year for which they are enrolling and:
2. must have a Pl appointment that is effective from January 1 through June 30 of the Plan Year for which they are 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 they are enrolling and:
4. must have submitted the enrollment form during the CoBen open enrollment period or as newly eligible.
5. This subdivision is not grievable or arbitrable.
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 or A.2. 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.
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. Permanent Intermittent (PI) Employees
1. Initial Eligibility - A permanent intermittent 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 permanent intermittent 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.
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 Consolidated Benefits Allowance as specified in Section A.1. of this agreement.
2. Employee Eligibility
   
   Employee eligibility for dental benefits will be the same as that prescribed for health benefits under subsection 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. Program Description
   
   The employer agrees to provide a vision benefit to eligible employees and dependents. The employer contribution for the vision benefit shall be included in the Consolidated Benefits Allowance as specified in Section A.1. 
2. Employee Eligibility.
   
   Employee eligibility for vision benefits is the same as that prescribed for health benefits under Subsection 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.
5. FlexElect Program
1. Program Description
1. The State agrees to provide a flexible benefits program (FlexElect) under Internal Revenue Code Section 125 and related Sections 105(b), 129, and 213(d). All participants in the FlexElect Program shall be 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. Employee Eligibility
1. To be eligible for the FlexElect Medical Reimbursement Account and the Dependent Care Reimbursement Account, employees must have a permanent appointment with a time-base of half-time or more and have permanent status, or if in a limited term or a temporary authorized (TAU) 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.

1. Non-Industrial Disability Insurance (NDI) is a program for State employees who become disabled due to non-work-related disabilities as defined by Section 2626 of the Unemployment Insurance Code.
2. For periods of disability commencing on or after October 1, 1984, eligible employees shall receive NDI payments at 60% of their full pay, not to exceed $135 per week, payable monthly for a period not exceeding 26 weeks for any one disability benefit period. An employee is not eligible for a second disability benefit due to the same or related cause or condition unless they have returned to their regular time base, and work for at least ten (10) consecutive workdays. Paid leave shall not be used to cover the ten (10) work days.
3. The employee shall serve a ten (10) consecutive calendar day waiting period before NDI payments commence for each disability. Accrued vacation or sick leave balances may be used to cover this waiting period. The waiting period may be waived when the employee is a registered bed patient in a hospital or nursing home, or receives treatment in a hospital or surgical unit or licensed surgical clinic. Procedure rooms and doctors’ offices are not included.
4. If the employee elects to use vacation, annual leave, personal leave or sick leave credits prior to receiving NDI payments, he or she is not required to exhaust the accrued leave balance.
5. Following the start of NDI payments, an employee may, at any time, switch from NDI to sick leave, vacation leave, annual leave, personal leave, or catastrophic leave but may not return to NDI until that leave is exhausted.
6. In accordance with the State’s “return to work” policy, an employee who is eligible to receive NDI benefits and who is medically certified as unable to return to full-time work during the period of their disability, may upon the discretion of their appointing power work those hours (in hour increments) which, when combined with NDI benefit, will not exceed 100% of their regular “full pay”. This does not qualify the employee for a new disability period under B. of this article. The appointing power may require an employee to submit to a medical examination by a physician or physicians designated by the Director of the Employment Development Department for the purpose of evaluating the capacity of the employee to perform the work of their position.
7. If an employee refuses to return to work in a position offered by the employer under the State’s Injured State Worker Assistance Program, NDI benefits will be terminated effective the date of the offer.
8. Where employment is intermittent or irregular, the payments shall be determined on the basis of the proportionate part of a monthly rate established by the total hours actually employed in the 18 monthly pay periods immediately preceding the pay periods in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. An employee will be eligible for NDI payments on the first day of the monthly pay period following completion of 960 hours of compensated work.
9. All other applicable California Department of Human Resources laws and regulations not superseded by these provisions will remain in effect.
10. Upon approval of NDI benefits, the State may issue an employee a salary advance if the employee so requests.
11. All appeals of a denial of an employee’s NDI benefits shall only follow the procedures in the Unemployment Insurance Code and Title 22. All disputes relating to an employee’s denial of benefits are not grievable or arbitrable. This does not change either party’s contractual rights which are not related to the denial of an individual’s benefits.

1. This ENDI provision is only applicable to employees participating in the Annual Leave Program referenced in Article 9.3.
2. Enhanced Non-Industrial Disability Insurance (ENDI) is a program for State employees who become disabled due to non-work-related disabilities as defined by Section 2626 of the Unemployment Insurance Code.
3. For periods of disability commencing on or after January 1, 1989, eligible employees shall receive ENDI payments at 50% of their gross salary, payable monthly for a period not exceeding 26 weeks for any one disability benefit period. An employee is not eligible for a second disability benefit due to the same or related cause or condition unless they have returned to their regular time base, and work for at least ten (10) consecutive workdays. Paid leave shall not be used to cover the ten (10) workdays. Disability payments may be supplemented with annual leave, sick leave or partial payment to provide for up to 100% income replacement. At the time of an ENDI claim, an employee may elect either the 50% ENDI benefit rate or a supplementation level of 75 % or 100 % at gross pay. Once a claim for ENDI has been filed and the employee has determined the rate of supplementation, the supplemental rate shall be maintained throughout the disability period.
4. The employee shall serve a seven (7) consecutive calendar day waiting period before ENDI payments commence for each disability. Accrued paid leave or CTO leave balance may be used to cover this waiting period. The waiting period may be waived when the employee is a registered bed patient in a hospital or nursing home, or receiving treatment, receives treatment in a hospital surgical unit or licensed surgical clinic. Procedure rooms and doctor’s offices are not included.
5. If the employee elects to use annual leave or sick leave credits prior to receiving ENDI payments, they are not required to exhaust the accrued leave balance.
6. Following the start of ENDI payments, an employee may at any time switch from ENDI to sick leave or annual leave, but may not return to ENDI until that leave is exhausted.
7. In accordance with the State’s “return to work” policy, an employee who is eligible to receive ENDI benefits and who is medically certified as unable to return to their full- time work during the period of their disability, may upon the discretion of their appointing power, work those hours (in hour increments) which, when combined with the ENDI benefit, will not exceed 100 % of their regular “full pay.” This does not qualify the employee for a new disability period under C. of this article. The appointing power may require an employee to submit a medical examination by a physician or physicians designated by the Director of the Employment Development Department for the purpose of evaluation of the capacity of the employee to perform the work of their position.
8. If an employee refuses to return to work in a position offered by the employer under the State’s injured State Worker Assistance Program, ENDI benefits will be terminated effective the date of the offer.
9. Where employment is intermittent or irregular, the payments shall be determined on the basis of proportionate part of a monthly rate established by the total hours actually employed in the 18 monthly pay periods immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. An employee will be eligible for ENDI payments on the first day of the monthly pay period following completion of 960 hours of compensated work.
10. All other applicable California Department of Human Resources laws and regulations not superseded by these provisions will remain in effect.
11. Upon approval of ENDI benefits, the State may issue an employee a salary advance if the employee so requests.
12. All appeals of an employee’s denial of ENDI benefits shall only follow the procedures in the Unemployment Insurance Code and Title 22. All disputes relating to an employee’s denial of benefits are not grievable or arbitrable. This does not change either party’s contractual rights which are not related to an individual’s denial of benefits.
13. Employees who become covered in the annual leave program while on an NDI claim shall continue to receive NDI pay at the old rate for the duration of the claim.
14. Employees who do not elect the annual leave program will receive NDI benefits in accordance with the current program Section 10.3 and such benefits are limited to $135 per week.

1. Employees who suffer an industrial injury or illness and would otherwise be eligible for temporary disability benefits under the Labor Code will be entitled to Industrial Disability Leave as described in Article 4 of the Government Code, beginning with section 19869. Industrial Disability Leave will be paid in lieu of temporary disability benefits.
2. Eligible employees shall receive IDL payments equivalent to full net pay for the first 22 work days after the date of the reported injury.
3. In the event that the disability exceeds 22 work days, the employee will receive 66 and 2/3% of gross pay from the 23rd work day of disability until the end of the 52nd week of disability. No IDL payments shall be allowed after two years from the first day (i.e., date) of disability.
4. The employee may elect to supplement payment from the 23rd day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee’s full net pay. Partial supplementation will be allowed, but fractions of less than one hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only.
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 PERS or STRS retirement system during the first 52 weeks, after the first date of disability, within a two-year period.
6. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in the Labor Code.
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.

1. An employee working in the Department of Corrections and Rehabilitation 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 their duties may be eligible for financial augmentation to the existing industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by an inmate, ward or parolee.
2. An employee working in the Department of Developmental Services or in the Department of State Hospitals 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 their duties, may be eligible for financial augmentation to the existing industrial disability leave benefits. Such injury must have been directly and specifically caused by an assault by a resident, patient or client.
3. The EIDL benefits will be equivalent to the injured employee’s net take home salary on the date of the occurrence of the injury. 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 the assault, as determined by the department director or designee. The benefits shall not be applied to presumptive injuries and illnesses, stress-related disabilities, or physical disabilities having mental origin.
5. The final 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 Agreement.
   

1. The State recognizes that alcohol abuse, drug abuse, stress, and other factors may adversely affect job performance. As a means of correcting job performance issues, the State may offer confidential referral to the Employee Assistance Program for alcohol and drug abuse, and concerns such as marital, family, emotional, financial, medical, dependent care and, legal matters or other personal problems. The intent of this Section is to assist an employee’s voluntary efforts to treat alcohol abuse, drug abuse or stress-related issues so as to retain or recover their value as an employee.
2. Each department head or designee shall designate an Employee Assistance Program Coordinator who shall arrange for programs to implement this Section. Participation in the Employee Assistance Program will be through voluntary self- referral or through referral to an Employee Assistance Program Coordinator by appropriate management personnel. An employee using the Employee Assistance Program upon approval, may use accrued sick leave, compensating time off credits and vacation leave credits for such a purpose. Leaves of absence without pay may be granted by the department head or designee upon the recommendation of the Employee Assistance Program Coordinator if all sick leave, vacation and compensating time off have been exhausted and the employee is not eligible to use Industrial Disability Leave or Non-Industrial Disability Insurance.
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 the employee’s leave of absence. Records of such referrals shall not be kept in the employee’s personnel file.
4. Departments/facilities with an internal Employee Assistance Program shall provide the opportunity for an employee to meet with the Employee Assistance Program Coordinator in a location away from the immediate worksite to ensure confidentiality when receiving Employee Assistance Program Benefits.
5. Program evaluation and problems arising from implementation will be referred to the Labor/Management Committee pursuant to Section 19.7 of this Agreement.

1. This plan is available on a voluntary, after-tax, payroll deduction basis, with all costs being paid by the employee, including a service charge for the costs of administering the plan.
2. There shall be an annual enrollment period. Eligible Employees who elect not to enroll during the initial enrollment period shall be eligible to enroll in the subsequent open enrollment period.
3. Specific information on the plan, including plan features and costs, will be distributed to all eligible employees during the open enrollment period. Employees will be notified of any changes to the plan. Once enrolled, employees may cancel at any time according to cancellation procedures.

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 Unit 19 who make employee contributions to the CalPERS retirement system.
2. "Employee Contributions." The term "employee contributions" shall mean those contributions to the PERS retirement system which are deducted from the salary of employees and credited to individual employees' 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 Unit 19 by the State of California as defined in the Internal Revenue Code and rules and regulations established by the Internal Revenue Code and rules and regulations established by the Internal Revenue Service.
5. "Retirement System." The term "retirement system" shall mean the CalPERS retirement system as made applicable to the State of California under the provisions of the 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-Of-Employee Contributions
1. Pursuant to the provisions of this Agreement, the employer shall make employee contributions on behalf of employees, and such contributions shall be treated as employer contributions 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 to the 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 hereof.
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 in this unit who are members of the California Public Employees’ Retirement System (CalPERS) will be covered under the Fifth Level of the 1959 Survivors’ Benefit, which provides a death benefit in the form of a monthly allowance to the eligible survivor in the event of death before retirement. This benefit will be payable to eligible survivors of current employees who are not covered by Social Security and whose death occurs on or after the effective date of the Contract.
2. Pursuant to Government Code Section 21581(c), the contribution for employees covered under this new level of benefits will be $2 per month as long as the combined employee and employer cost for this program is $4 per month or less per covered member. If the total cost of this program exceeds $4 per month per member, the employee and employer shall share equally the cost of the program. The rate of contribution for the State will be determined by PERS board, pursuant to Government Code Section 21581.
3. The survivors’ benefits are detailed in the following schedule:
1. A spouse who has care of two or more eligible children, or three or more eligible children not in care of spouse = $1,800
2. A spouse with one eligible child, or two eligible children not in the care of the spouse = $1,500
3. One eligible child not in the care of the spouse; or the spouse, who had no eligible children at the time of the employee’s death, upon reaching age 60 = $750

1. New employees who meet the criteria for CalPERS membership are enrolled in the First Tier plan and have the right to be covered under the Second Tier plan within 180 days of the date of their appointment. If a new employee does not make an election for Second Tier coverage during this period, they would remain in the First Tier plan.
2. An employee in the Second Tier may exercise the Tier 1 right of election at any time.
3. 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 96 months (8 years) to 144 months (12 years) or up to 180 months (15 years), and allowing employees to purchase partial amounts of service.
4. Employees who purchase their past service are required to pay the amount of contributions they would have paid had they been First Tier members during the period of service that they are purchasing. As required by CalPERS law, the amount includes interest at six percent (6%), annually compounded.

1. First Tier members first employed by the State prior to September 1, 2010 are subject to the First Tier A retirement formula.
2. First Tier retirement members first employed by the State on or after September 1, 2010 and prior to January 1, 2013, and qualify for California Public Employees Retirement System (CalPERS) memberships are subject to the First Tier B retirement formula. The First Tier B retirement formula does not apply to:
   
   

   1.	Former state employees who return to state employment on or after September 1, 2010.
   2.	State employees hired prior to September 1, 2010 who were subject to the Alternate Retirement Program (ARP).
   3.	State employees on approved leave of absence prior to September 1, 2010 who return to active employment on or after September 1, 2010.
   4.	Persons who are already members or annuitants of the CalPERS as a state employee prior to September 1, 2010.

   The above 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 age and benefit factors for First Tier A, First Tier B, and PEPRA First Tier retirement formulas.
   
   

   Age at Retirement	First Tier A Formula (2% at age 55) Employees hired prior to September 1, 2010	First Tier B Formula (2% at age 60) Employees first hired on and after September 1, 2010 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	1.00
   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	2.500	2.418	2.500

5. The factors for attained quarter ages, such as 52 3/4, will continue. These retirement quarter age benefit factors will apply for service rendered on and after the effective date of the memorandum of understanding between the State and the Union. The quarter factors will also apply to past service that is credited under the First Tier A, First Tier B, and the PEPRA First Tier.
6. Employee Retirement Contribution
1. As stated in Government Code section 20677.6, effective September 1, 2010, Miscellaneous and Industrial members in the First Tier retirement or the ARP subject to social security shall contribute ten percent (10%) of monthly compensation in excess of $513 for retirement and eleven percent (11%) of monthly compensation in excess of $317 for retirement for members not subject to social security.
2. As stated in Government Code section 20677.93 effective July 1, 2024, the employee contribution rates described in 11.4(F)(1) for Miscellaneous and Industrial members in the First Tier retirement or the ARP subject to social security shall be adjusted to nine and one half (9.5%) of monthly compensation in excess of $513 for retirement, and to ten and one half (10.5%) of monthly compensation in excess of $317 for retirement for members not subject to social security.
3. Effective July 1, 2025, the employee contribution rates for Miscellaneous members in the First Tier retirement or the ARP subject to social security shall be adjusted to nine percent (9.0%) of monthly compensation in excess of $513 for retirement and to ten percent (10.0%) of the monthly compensation in excess of $317 for members not subject to social security. The employee contribution rates for industrial members in the First Tier retirement or the ARP subject to social security shall remain at nine and one half percent (9.5%) of monthly compensation in excess of $513 for retirement and ten and one half percent (10.5%) of monthly compensation in excess of $317 for retirement for members not subject to social security.
4. Effective July 1, 2027, the employee contribution rates for Miscellaneous and Industrial members shall remain in effect unless CalPERS has determined that (a) the total normal cost rate increases or decreases by more than 1 percent from the 2025-26 fiscal year total normal cost and (b) 50 percent of the normal cost rate rounded to the nearest quarter of 1 percent is greater or less than the current employee contribution rate. When CalPERS determines (a) and (b) within this section have been met, the employee contribution rates for Miscellaneous or Industrial members shall be adjusted to 50 percent of the normal cost rate rounded to the nearest quarter of one percent on July 1 of the fiscal year after the determination. Each year thereafter, it shall not be adjusted again on account of a change to the normal cost rate unless CalPERS determines the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rates were last adjusted. Employee contributions will continue to be a percentage of pensionable compensation in excess of $513 for retirement if subject to social security or in excess of $317 for retirement if not subject to social security.
7. Final Compensation
   
   Final compensation for an employee who is employed by the State for the first time and becomes a member of CalPERS prior to January 1, 2007 is based on the highest average monthly pay rate during twelve (12) consecutive months of employment.
   
   Final compensation for an employee who is employed by the State for the first time and becomes a member of CalPERS on or after January 1, 2007 is based on the highest average monthly pay rate during thirty-six (36) consecutive months of employment.

1. State Safety members first employed by the State prior to September 1, 2010 are subject to the State Safety A retirement formula.
2. State Safety retirement members first employed by the State on or after September 1, 2010 and prior to January 1, 2013, and qualify for California Public Employees Retirement System (CalPERS) membership are subject to the State Safety B retirement formula. The State Safety B retirement formula does not apply to:
   
   

   1.	Former state employees who return to state employment on or after September 1, 2010.
   2.	State employees hired prior to September 1, 2010 who were subject to the Alternate Retirement Program (ARP).
   3.	State employees on approved leave of absence prior to September 1, 2010 who return to active employment on or after September 1, 2010.
   4.	Persons who are already members or annuitants of the CalPERS as a state employee prior to September 1, 2010.

   The above 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 age and benefit factors for State Safety A, State Safety B, and PEPRA State Safety retirement formulas.
   
   

   Age at Retirement	State Safety A Formula   (2.5% at age 55)   G.C. 21369.1 Employees hired prior to September 1, 2010	State Safety B Formula (2% at age 55 up to 2.5% at age 60)  G.C. 21369.2 Employees first hired on and after September 1, 2010 and prior to January 1, 2013	PEPRA State Safety Formula (2% at age 57)   G.C. 7522.25(b) Employees eligible for CalPERS Membership for the first time on and after January 1, 2013
   50	1.7000	1.426	1.426
   51	1.8000	1.522	1.508
   52	1.9000	1.628	1.590
   53	2.0000	1.742	1.672
   54	2.2500	1.866	1.754
   55 and over	2.5000	2.000	1.836
   56	N/A	2.100	1.918
   57 and over	N/A	2.200	2.000
   58	N/A	2.300	N/A
   59	N/A	2.400	N/A
   60 and over	N/A	2.500	N/A

5. Employee Retirement Contribution
1. As stated in Government Code section 20677.9, effective September 1, 2010, State Safety members shall contribute eleven percent (11%) of monthly compensation in excess of $317 for retirement.
2. As stated in Government Code section 20677.94 effective July 1, 2027, the employee contribution rates described in 11.5(E)(1) shall remain in effect unless CalPERS has determined that (a) the total normal cost rate increases or decreases by more than 1 percent from the 2025-26 fiscal year total normal cost and (b) 50 percent of the normal cost rate rounded to the nearest quarter of 1 percent is greater or less than the employee contribution rate described in 11.5(E)(1). When CalPERS determines (a) and (b) within this section have been met, the employee contribution rate for state safety members shall be adjusted to 50 percent of the normal cost rate rounded to the nearest quarter of one percent on July 1 of the fiscal year after the determination. Each year thereafter, it shall not be adjusted again on account of a change to the normal cost rate unless CalPERS determines the total normal cost rate increases or decreases by more than 1 percent of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. Employee contributions will continue to be a percentage of pensionable compensation in excess of $317 for retirement.
6. Final Compensation
   
   Final compensation for an employee who is employed by the State for the first time and becomes a member of CalPERS prior to January 1, 2007 is based on the highest average monthly pay rate during twelve (12) consecutive months of employment.
   
   Final compensation for an employee who is employed by the State for the first time and becomes a member of CalPERS on or after January 1, 2007 is based on the highest average monthly pay rate during thirty-six (36) 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	1.2500	1.2500

4. Employee Contribution
   
   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 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.
5. Final Compensation
   
   Final Compensation for an employee, who is employed by the State for the first time and becomes a member of CalPERS prior to January 15, 2011, is based on the highest average monthly pay rate during twelve (12) consecutive months of employment.
   
   Final Compensation for an employee, who is employed by the State for the first time and becomes a member of CalPERS on or after January 15, 2011, is based on the highest average monthly pay rate during thirty-six (36) consecutive months of employment.

1. "Industrial" with respect to State miscellaneous members means death or disability resulting from an injury which is a direct consequence of a violent act perpetrated on member’s person by a patient or client of the Department of State Hospitals (DSH), at Patton State Hospital or Atascadero State Hospital, or any other state hospital which is deemed a forensic facility if:
1. The member was performing their duties within a treatment ward at the time of the injury, or
2. The member was not within a treatment ward but was acting within the scope of their employment at the hospital and is regularly and substantially as part of their duties in contact with such patients or clients, and
3. The member at the time of injury was employed in a State bargaining unit for which a memorandum of understanding has been agreed to by the State employer and the recognized employee organization to become subject to this Section, or
4. The member was either excluded from the definition of State employee in subdivision (c) of Section 3513 or was a supervisory employee as defined in Section 3522.1, or was a non-elected officer or employee of the executive branch of government who was not a member of the civil service.
2. The provisions of this part providing industrial death and disability benefits to State industrial members shall apply to the miscellaneous members described in this Section and to any other State member whose death or disability results from an injury under the conditions prescribed in this Section.

1. To the member’s surviving spouse, an amount equal to what the member would have received if the member had retired for service at minimum retirement age on the date of death and had elected Option Settlement 2 and Section 21459.
2. To the children under age 18 collectively if there is no surviving spouse or the spouse dies before all of the children of the deceased member are age 18, an amount equal to one-half of and derived from the same source as the unmodified allowance the member would have been entitled to receive if the member had retired for service at minimum retirement age on the date of death. No child shall receive any allowance after marrying or attaining the age of 18. As used in this section, a “surviving child” includes a posthumously born child of the member.
3. This section shall only apply to members employed in the state bargaining units for which a memorandum of understanding has been agreed by the state employer and the recognized employee organization to become subject to this section, members who are excluded from the definition of the state employees in subdivision (c) of Section 3513, and members employed by the executive branch of government who are not members of the civil service.
4. For the purpose of this section, “state service” means service rendered as a state employee, as defined in Section 19815. This section shall not apply to any contracting agency nor to the employees of any contracting agency.

1. The State shall provide employees in Bargaining Unit 19 with a choice of deferred compensation plans and shall endeavor to provide one whose policy incorporates a commitment to socially responsible investments.
2. The State will send a representative to one annual AFSCME meeting to explain the options available to participating employees. AFSCME will provide the State with a minimum of two months’ notice of the date and location of the meeting.
3. General information regarding the State's Deferred Compensation Plan is available from the Department of Human Resources at (855) 616-4776.
4. Employees in Bargaining Unit 19 will continue to be included in the State of California, Department of Human Resources’ 401(k)/457 Deferred Compensation Program.

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 State Code Section 430 (b). The limit shall be adjusted annually based on changes to the Consumer Price Index for all Urban Consumers.
2. Alternate Retirement Program – New Employees
   
   Employees first hired on or after July 1, 2013 shall not be subject to the Alternate Retirement Program (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 47th month of employment and ending on the last day of the 49th month of employment following his or her initial ARP hire 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.

1. Since July 1, 2017, the State and Bargaining Unit 19 prefunds retiree healthcare, with the goal of reaching a fifty (50) percent cost sharing of actuarially determined total normal costs for both employer and employees by July 1, 2019. The amount of employee and matching employer contributions required to prefund retiree healthcare increased by the following percentages of pensionable compensation:
1. July 1, 2017: by 1.0 percent.
2. July 1, 2018: by 1.0 percent, for a total of 2.0 percent.
3. July 1, 2019: by 1.0 percent, for a total of 3.0 percent.
2. Notwithstanding Government Code Sections 22940, 22942, 22943, 22944, 22944.2, 22944.3 and 22944.5, the employees’ and employer’s monthly contribution as described in paragraph A.3. for prefunding other postemployment benefits for the 2025-26 and 2026-27 fiscal years is suspended and shall not be withheld from employees' salaries or contributed by the employer beginning on July 1, 2025, and ending on June 30, 2027.
   
   Commencing on July 1, 2027, with the goal of reestablishing a 50 percent cost sharing agreement of actuarially determined total normal costs for both employer and employees, the amount of employee and matching employer contributions required to prefund retiree healthcare shall be as follows:
1. July 1, 2027: by 3.0 percent.
3. Employees Subject to Other Post Employment Benefit (OPEB) Prefunding
   
   All Bargaining Unit 19 members who are eligible for health benefits must contribute, including permanent intermittent employees. Bargaining Unit 19 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 19 members not subject to OPEB prefunding shall begin contributing upon attaining eligibility for health benefits. New hires and employees transferring into Bargaining Unit 19 shall begin contributing immediately, unless they are not subject, as set forth above.
4. 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.
5. Contributions will be deposited in the designated state subaccount for Bargaining Unit 19 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 Bargaining Unit 19. 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.”
6. Contributions paid pursuant to this agreement shall not be recoverable under any circumstances to an employee or their beneficiary or survivor.
7. The costs of administering payroll deductions and asset management shall be deducted from the contributions and/or account balance.
8. The parties agree to support any legislation necessary to facilitate and implement prefunding of retiree health care obligations.

1. The following vesting schedule shall apply to state employees in Bargaining Unit 19 first employed by the State on or after January 1, 2017.
2. The portion of the employer contribution toward post-retirement health and dental benefits will be based on credited years of service at retirement per the following chart entitled “Health and Dental Benefits Vesting”. The minimum number of years of State service at retirement to establish eligibility for any portion of the employee contribution will be fifteen (15) years. This section will apply only to state employees who were under a service retirement.
3. State employees as defined in A above, who become Bargaining Unit 19 employees after January 1, 2017, shall not receive any portion of the employer’s contribution payable for post-retirement health and dental benefits unless those employees are credited with fifteen (15) years of State service as defined by law.
4. The percentage of employer contribution payable for post-retirement health and dental benefits for an employee subject to this section is based on the member’s completed years of credited State service at retirement as shown in the following table:
   
   

   Health and Dental Benefits Vesting

   CREDITED YEARS OF SERVICE	PERCENT OF EMPLOYER CONTRIBUTION
   15	50
   16	55
   17	60
   18	65
   19	70
   20	75
   21	80
   22	85
   23	90
   24	95
   25 or more	100

5. This section shall apply only to state employees who retire for service.
6. Benefits provided an employee by this section shall be applicable to all future State service.
7. For the purposes of this section, State service shall mean service rendered as an employee or officer (employed, appointed or elected) of the State for compensation.

1. The employer contribution for each annuitant enrolled in a basic plan shall not exceed eighty (80) percent of the weighted average of the Basic health benefit plan premiums for an employee or annuitant enrolled for self-alone, during the benefit year to which the formula is applied. For each employee or annuitant with enrolled family members, the employer contribution shall not exceed eighty (80) percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied.
1. “Weighted average of the health benefit plan premiums” as used in this section shall consist of the four (4) Basic health benefit plans that had the largest enrollment of active state employees, excluding family members, during the previous benefit year.
2. This section shall apply to all employees and annuitants first hired on or after January 1, 2017.
2. The employer contribution for an annuitant enrolled in a Medicare Supplemental Plan in accordance with Government Code section 22844 shall not exceed eighty (80) percent of the weighted average of the health benefit plan premiums for an annuitant enrolled in Medicare Supplemental Plan for self-alone, during the benefit year to which the formula is applied. For each employee or annuitant with enrolled family members, the employer contribution shall not exceed eighty (80) percent of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied.
1. “Weighted average of the health benefit plan premiums” as used in this section shall consist of the four (4) Medicare Supplemental Plans that had the largest enrollment of state annuitants, excluding family members, during the previous benefit year.
2. The employer contribution shall not exceed the amount calculated under this section if the employee or annuitant is eligible for Medicare Part A, with or without cost, and Medicare Part B, regardless of whether the employee or annuitant is actually enrolled in Medicare Part A or Part B.
3. This section shall apply to all employees and annuitants first hired on or after January 1, 2017.
3. State employees and annuitants in Bargaining Unit 19 hired on or after January 1, 2017 shall be ineligible to receive any portion of the employer’s contribution for annuitants towards Medicare Part B premiums, as defined in Government Code section 22879.
4. This section does not apply to:
1. State employees previously employed before January 1, 2017, who return to state employment on or after January 1, 2017; and
2. State employees on an approved leave of absence employed before January 1, 2017, who return to active employment on or after January 1, 2017.

1. The parties agree the following differential(s) which are not individually listed in the MOU, shall continue to be considered compensation for retirement purposes:
1. Pay Differential Number 150
   
   Recruitment and Retention Differential Pay - Unit 19
2. Pay Differential Number 322
   
   Coleman – Mental Health Clinicians Headquarters Recruitment and Retention Differential
3. Pay Differential Number 340
   
   Coleman Equity Adjustment
4. Pay Differential Number 151
   
   Recruitment and Retention Pay

• 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.

1. Overtime meal allowances are granted when an employee is required to work in excess of two (2) hours past their normal work day. If the employee is required to work for more extended periods of time, the employee may be allowed to gain an additional meal allowance for each additional six-hour period. No more than three (3) overtime meal allowances will be claimed during any 24-hour period. Overtime must be through the approved procedure.
2. Bargaining Unit 19 employees shall be provided an overtime meal ticket with the date of issue and time recorded on the meal ticket. For reimbursement purposes, the value of the first and third meal tickets issued during any 24-hour period shall be $6.00 without receipts; and the value of the second meal ticket issued during overtime shall be $3.00 without receipts. Employees issued meal tickets may receive reimbursement for the meal ticket by attaching the meal ticket to a State Form 262, Travel Expense Claim. Employees not issued meal tickets need only state on Form 262 what date and times they worked, the overtime and earned overtime meals. The form must be submitted within ninety (90) calendar days of issuance using the date on the meal ticket.
3. The State shall issue the meal ticket on the day in which it is earned.
4. The value of the meal ticket at the institution's snack bar or dining room shall be established by management after consulting with AFSCME but will be sufficient to purchase a complete hot meal. This may be higher than the reimbursement figure contained in paragraph B. above.
5. If an employee chooses to use the meal ticket at the employee’s snack bar or dining room, the employee must use it within ninety (90) calendar days of issuance using the date on the meal ticket.
6. If during the term of the Contract the rates for non-represented employees increase, the proportionate adjustments will be made to this provision for Bargaining Unit 19.

1. The State agrees to reimburse employees who are required by law to maintain a license, professional registration, certification or eligibility for certification as a condition of State employment and where such license is issued by a State agency or the registration is issued by a State recognized professional organization for the actual cost of license renewal fees. If the employee is working less than full time, the license fee reimbursement shall be prorated.
2. If the State Personnel Board’s classification specification or legal requirement lists more than one certifying or licensing body which meets the minimum qualifications of that classification, the State will not restrict an employee to a specific certifying or licensing body. Employees will be required to maintain and provide the employer proof of eligibility, certification or license from one certifying or licensing body. However, at the expiration of their current eligibility, certification or license, employees may change the certifying or licensing body they have on file by providing the employer with proof of the new eligibility, certification, or license.
3. When an employee is required to maintain registration in a National or State therapy association in order to supervise interns in the field of Music Therapist, Recreation Therapist, Industrial Therapist, Dance Therapist and Art Therapist, employees shall be reimbursed for the actual costs of the registration renewal fees for one association. If the employee is working less than full time, the registration fee reimbursement shall be prorated.
4. The following classes shall be covered by this provision:
   
   

   Pharmacist I

   Pharmaceutical Consultant I, DHS

   Pharmaceutical Consultant II, DHS

   Inspector, Board of Pharmacy

   Consulting Optometrist I, DHS

   Consulting Optometrist II, DHS

   Optometrist

   Hearing Conservation Specialist

   Audio & Speech Pathology Consultant

   Audiologist I

   Speech Pathologist I

   Speech Pathologist II

   Physical Therapist, (All Classifications)

   Consultant in Physical Therapy for Physically Handicapped Children Consultant in Occupational Therapy for Physically Handicapped Children Senior Psychologist, Health Facility

   Senior Psychologist, Health Facility, Specialist

   Senior Psychologist, Correctional Facility

   Senior Psychologist, Correctional Facility, Specialist

   Psychology Internship Director

   Psychology Internship Director, Correctional Facility

   Psychologist, Health Facility, Clinical

   Psychologist, Health Facility, Counseling

   Psychologist, Health Facility, Educational

   Psychologist, Health Facility, Social

   Psychologist, Health Facility, Experimental

   Psychologist

   Psychologist, Clinical, Correctional Facility

   Consulting Psychologist

   Consulting Psychologist, Victims of Crime

   Staff Psychologist, Clinical Correctional Facility

   Staff Psychologist, Counseling, Correctional Facility

   Sexually Violent Predator Evaluator

   Registered Dietitian

   Registered Dietitian, Correctional Facility

   Registered Dietitian - Safety

   Child Nutrition Consultant

   Public Health Nutrition Consultant I

   Public Health Nutrition Consultant II

   Public Health Nutrition Consultant III, Specialist

   Alcohol Treatment Counselor Veterans Home

   Occupational Therapist

   Occupational Therapist, Correctional Facility

   Occupational Therapist, DDS and DSH

   Occupational Therapist, Consultant

   Recreation Therapist, Correctional Facility

   Rehabilitation Therapist, (All Classes)

   Senior Occupational Therapist

   Senior Occupational Therapist, Correctional Facility

   Clinical Social Worker (Health/Correctional Facility) – Safety

   Clinical Social Worker (Health Facility)

   Physician Assistant

   Mobility Evaluation Specialist

5. The State agrees to reimburse Chaplains/Native American Spiritual Leaders who are required to pay annual denomination fees to maintain "good standing", the Chaplain/Native American Spiritual Leaders shall be reimbursed by the State for the actual cost of the denomination fees, not to exceed $250. If the employee is working less than full time, the denomination fees reimbursement may be prorated.
6. In the Department of Rehabilitation, employees in the classification of Vocational Psychologist who possess a professional psychologist licensure shall be reimbursed for the actual cost of license renewal, as in A. above.

1. Each department will reimburse an employee for filing and examination fees associated with obtaining the appropriate commercial driver’s license and endorsement(s) if the employee is: 1) in a classification that requires the operation of equipment which requires either a Class A or Class B commercial driver’s license and any endorsement(s); or (2) the classification designated by the department requires the employee to upgrade their driver’s license to a Class A and/or B commercial driver’s license and any endorsement(s); or (3) in a classification where a Class A and/or Class B commercial driver’s license is an additional desirable qualification; or (4) the employee voluntarily and regularly drives, with authorization of the department, a vehicle for which either a Class A or Class B commercial driver’s license including required endorsements, is required, provided:
1. The employee requests and is authorized at least ten (10) work days in advance by their supervisor to take the examination;
2. The employee has a valid, current medical certification acceptable to the Department of Motor Vehicles (DMV);
3. The employee successfully passes the required examination and is issued the license and appropriate endorsement(s).
2. Employees applying for renewal or reinstatement of a license due to an illegal violation will not be reimbursed for any costs associated with obtaining a license as required by DMV.
3. The State will not pay any additional costs incurred as a result of an employee’s failure to pass the written and/or performance test within the opportunities allowed by the original application fee.
4. Reimbursement for commercial driver’s license fees paid by an employee shall not exceed the actual cost of that portion of the fee (including the cost of endorsement(s) required by the appointing power) which exceeds the cost of the regular non- commercial Class C driver’s license, provided the employee applies for the required license and any required endorsement(s) simultaneously. If an employee fails to take all required extras simultaneously, reimbursement will not exceed the cost that would have been incurred had the tests been taken simultaneously.
5. Release Time for Commercial Driver’s License Examination
1. Upon ten (10) work days advance notice to the department head or designee, the department shall provide reasonable time off without loss of compensation for an incumbent permanent employee to take the Class A and/or Class B commercial driver’s license examination, provided:
1. The examination is scheduled during the employee’s scheduled work hours.
2. The examination does not interfere with operational needs of the department; and
3. The employee has a valid current medical certification, acceptable to DMV.
   
   If the DMV rejects the medical certification, provided by a department designated contractor physician or clinic, on the day the DMV commercial driver’s license examination is scheduled, the employee shall be granted reasonable release time for the subsequently scheduled DMV examination subject to the requirements scheduled above.
2. As soon as the employee knows the date of the test, the employee shall notify the department. The department will allow the employee to use a State owned or leased vehicle or equipment appropriate for the license examination. It is understood by the parties, that use of the equipment or vehicle may be delayed for operational reasons.
6. Medical Examination
1. The State agrees to pay the cost of medical examinations for employees required to have either a Class A or Class B driver’s license, provided the employee either receives their examination from a contractor physician or clinic, or are specifically authorized in advance to be examined by their personal physician, and authorized to be reimbursed for the cost upon presenting a voucher from the examining physician.
   
   The State will pay the cost of a referral determined necessary by the examining physician. The cost of the first examination and the examination resulting from the referral will be considered as one.
2. The State will pay the cost of a second medical examination (and a necessary referral) not to exceed the cost of the first medical examination provided that:
1. The employee fails the first medical examination, or the certification submitted is not accepted by DMV; and
2. A second medical examination is authorized and conducted; and
3. The second medical certification is accepted by DMV.
3. The State will not reimburse the employee for a second medical examination that sustains the results of the first. In this case and for any further medical examinations, cost for medical re-examination shall be the responsibility of the affected employee.
7. Training
1. The State agrees to reimburse bargaining unit employees for expenses incurred as a result of attending job-required courses as authorized by the department. Such reimbursement shall be limited to tuition and/or registration fees, cost of course-required books, transportation or mileage expenses, toll and parking fees, and lodging and subsistence expenses.
2. Reimbursement for the above expenses shall be in accordance with existing Administrative Code sections except as otherwise provided in this MOU. When training occurs during normal working hours, the employee shall receive their regular salary.
3. The State shall reimburse bargaining unit employees for departmentally approved expenses incurred as a result of attending authorized job-related or career-related training or education in accordance with DPA rules.
4. Each department, at the request of an employee required to upgrade their current driver’s license to a Class A or Class B commercial driver’s license and appropriate endorsements, because of the new State Law effective January 1, 1989, will make available to the employee any information prepared by the DMV covering the commercial driver’s license examination.
8. If an employee in category (3) or (4) above, fails to pass the required test(s), their employment status shall in no way be affected, except that the employee shall not be allowed or required to drive a vehicle for which a commercial driver’s license is necessary.
9. For employees in category (3) or (4) above, the possession of a Class A or Class B endorsement shall not result in the employee being required to drive, on a routine or regular basis, for any purposes which are not integrally related to the employee’s professional duties.

1. Annually for the duration of the Agreement, each department may raise rental rates by a maximum of twenty-five percent (25%) of the rates in effect the effective date of this Agreement, until such rates reach fair market value. Employees must be notified no less than 30 days prior to any rent or utility rate increase.
2. Utilities:
   
   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 no utilities are being charged, the State shall impose such charges consistent with its costs at the fair market value.
2. 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. If the department determines the housing unit cannot be individually metered or if historic considerations, housing design or construction render all practical weatherization measures inappropriate or ineffective and resulting utility costs would be excessively high, a flat utility fee in accordance with the normal utility costs of similar size dwellings in the area will be paid by the employee.
3. When an employee vacates State-owned housing, the State may raise rents for such housing up to the fair market value.
4. The rental of State housing shall not ordinarily be a condition of employment. In any instance where the rental of State housing is made a condition of employment, the employee shall be charged ten percent (10%) less than the regular rate of rent. Chaplains who live on grounds shall receive the ten percent (10%) rent reduction.
5. Employees currently occupying State housing that have a legally binding lease with a fixed rental rate, will not have their rents or utility charges adjusted until allowed under the lease.
6. An employee who rents State housing may cash out accrued CTO up to a net amount equivalent to that month’s rent and utility charges.
7. Nothing in this Agreement shall supersede any rights that may otherwise be guaranteed to employees under applicable tenant laws or applicable OSHA standards when employees are required to reside in State housing as a condition of employment.
8. Employee-tenants who have a complaint about the condition of the dwelling they rent may file a Housing Grievance through the following process:
1. Step 1
1. The complaint shall be reduced to writing on a form provided by the State and submitted to the Chief of Plant Operations (CPO). Within fourteen (14) calendar days, the CPO or designee will investigate and respond to the matter in writing.
2. If the tenant is not satisfied with the decision rendered at the first step, he/she may appeal the decision to the appointing authority or designee within fourteen (14) calendar days.
2. Step 2
1. The department director or designee will review and respond to the matter within thirty (30) calendar days.
2. If the tenant is not satisfied with the decision rendered at the second step, he/she may appeal the decision to the Director of the California Department of Human Resources within thirty (30) calendar days.
3. Step 3
1. The Director of the California Department of Human Resources will review the decision rendered by the department and respond in writing to the grievant or their designated representative within thirty (30) calendar days.
9. The employee retains all rights to representation pursuant to the Ralph C. Dills Act throughout this process.
10. 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 30 days notice.
11. With the exception of provisions G. and H. above, all provisions of this Agreement are subject to the grievance and arbitration procedures as stated in the Agreement between AFSCME and the State for Bargaining Unit 19.
12. A copy of this Rental and Utility Rates Agreement shall be attached to the lease or rental agreement entered into by the employee and the department.
    
    Where an employee pays for a utility directly to the utility company, the State will not also levy an additional charge for use of that utility.

1. The State and AFSCME 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. 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 100 percent (100%) discount on public transit passes sold by State agencies up to the monthly exclusion amount provided by the Internal Revenue Service (IRS). Employees who purchase public transit passes on their own shall be eligible for a 100 percent (100%) reimbursement up to the 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 combined IRS maximum monthly exclusion amount. This shall not be considered compensation for purpose of retirement contributions. The State may establish and implement procedures and eligibility criteria for the administration of this benefit including required receipts and certification of expenses.
3. Effective the first day of the pay period following ratification by both parties employees riding in vanpools shall be eligible for a 100 percent (100%) reimbursement of the monthly fee up to the monthly exclusion amount provided by the IRS. The combined maximum allowable exclusion amount for employees who are eligible to claim both mass transit and vanpool shall not exceed the combined IRS maximum monthly exclusion amount. This shall not be considered compensation for purpose 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.
4. For the term of this Agreement, the parties agree that the State may increase parking rates in existing owned or wholly leased or administered lots, in urban congested areas, no more than twenty-five dollars ($25) per month above the current rate charged to employees in the specific locations where they park. Congested urban areas include 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 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, administered or wholly leased by the State will be set at a level comparable to rates charged for similar lots in the area of the new lot, e.g. rates for open lots shall be compared to rates for open lots, rates for covered parking shall be compared for rates for covered parking. This Article does not apply to parking spaces leased in parking lots owned or administered by private vendors.
5. The State shall continue providing a system to employees where parking fees may be paid with pre-tax dollars.
6. Notwithstanding any other provision of this Contract, AFSCME agrees that the State may implement new policies or change existing ones in areas such as transit subsidies, vanpool/carpool incentives, walking/biking incentives, telecommuting programs and 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.

1. The State agrees to reimburse employees in the following Pharmacist classifications for their membership in recognized professional associations up to a maximum of $100.00 annually.
   
   

   Pharmacist I

   Pharmaceutical Consultant I Pharmaceutical Consultant II

   Inspector, Board of Pharmacy

   Pharmacist I in DSH Safety Category

2. For all other BU 19 employees, a department may reimburse up to a maximum of $100.00 annually for a recognized professional association.

1. The State agrees to reimburse psychologists and social workers employed by CDCR and assigned to DAPO who obtain provider credentialing from the California Sex Offender Management Board. Reimbursement shall be for the actual cost, not to exceed $180, of the initial credentialing as well as for the bi-annual renewal fees. 
2. If the employee is working less than full time, the credentialing fee reimbursement shall be prorated.

1. The State shall attempt to provide a safe and healthy workplace for State employees. AFSCME agrees that it shares responsibility for this effort, as do State employees.
2. Recognizing this responsibility, the parties agree that Union/Management Health and Safety Committees are appropriate in many areas of State employment. At the Union’s request, each department shall establish at least one Union/Management Health and Safety Committee. Additional Union/Management Health and Safety Committees may be established as appropriate for the larger departments. Upon mutual agreement, a special local Union/Management Health and Safety meeting shall be held to discuss situations where AFSCME employees have been the victim of an assault while on duty.
3. The Union/Management Health and Safety Committees may consist of no more than three representatives designated by the Union. The State may appoint an equal number of State representatives.
4. The Union/Management Health and Safety Committee shall meet at least quarterly for the purpose of discussing safety problems and recommending appropriate actions, making recommendations from time to time on the subjects of safety, safety promotion, and how to encourage employees to be more conscious of safety.
   
   The committee 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, employee’s safety training, preventing neck and back injuries, and how to encourage employees to be more conscious of safety.
   
   The parties agree that training on domestic violence, workplace security, rape prevention, and assaultive behavior are appropriate subjects for high priority consideration by the Union/Management Health and Safety Committees.
5. Employees appointed to serve on the Union/Management Health and Safety Committee shall serve without loss of compensation.
6. To the extent permitted by law, all copies of employee occupational injury reports and all copies of citations for violations of workplace safety rules and regulations will be furnished to the appropriate Union/Management Health and Safety Committee and remain confidential.

1. When the State requires protective clothing to be worn, the State shall provide the protective clothing. "Protective clothing" means attire that is worn over, or in place of, regular clothing and is necessary to protect the employee's clothing from damage or stains which would be present in the normal performance of their duties. Protective clothing provided pursuant to this Agreement is State-owned or leased property which will be maintained as the State deems necessary.
1.  Damaged protective clothing due to the negligence of the employee shall be replaced by the employee at their own expense.
2. When protective clothing is provided, the employee shall wear the protective clothing in accordance with instructions provided by the State.
2. Bargaining Unit 19 employees, who are required to wear a State-owned or leased-property protective vest will be provided a clean, laundered protective vest. Protective vests will be laundered weekly if shared/worn.

1. The State agrees that, upon request of AFSCME, a special meeting of the Health and Safety Committee as provided under Section 13.1 will be held at each facility to review the safety procedures, equipment and materials relating to treating patients and clients with blood-borne diseases such as hepatitis or acquired immune deficiency syndrome.
2. The State agrees that the Health and Safety Committee at each institution, hospital, facility or worksite will review the public health procedures it utilizes in testing immunization, isolation and treatment for all wards, inmates, patients, clients or residents for the presence of other communicable diseases, such as tuberculosis, measles or mumps. The Health and Safety Committees may also discuss how Bargaining Unit 19 employees may be advised of the presence of communicable diseases at the institution, hospital or facility, or worksite and universal precautions.
3. The State agrees that in the event an employee is exposed to, or put at risk for contracting a communicable disease in the performance of their duties, the State will address the issues in accordance to departmental policies and procedures.

1. Recognizing the importance of employee safety, the Departments of State Hospitals, Developmental Services, and Corrections and Rehabilitation will inform AFSCME annually as to the current systems in effect and progress in implementing systems where none currently exist.
2. The Health and Safety Committees, as established pursuant to Section 13.1, are the appropriate venues to discuss the need to explore emergency communication systems beyond existing parameters.

1. An employee shall exercise reasonable choice in and care of their personal clothing and/or articles when attending to their assigned duties and responsibilities.
2. When an employee's personal clothing and/or articles, which are necessarily worn or used by the employee and required for work performed are damaged by wards, inmates, residents, or clients who are under the control of the State, so that said clothing and/or articles are unacceptable for public view, and the damage occurs through no wrongful act or neglect on the part of the employee, the State shall reimburse the employee for the clothing or article based on a reasonable fair market value of the item(s).
3. In accordance with established procedures, when requested by an employee, a department may pay the cost of replacing articles of clothing necessarily worn or carried when damaged in the line of duty without fault of the employee. If the clothes are damaged beyond repair, the department may pay the actual value of these items. The value of these items shall be determined at the time of the damage.
4. Damage due simply to normal wear during the course of work shall not be compensated by the State.

1. In order to provide a safe and healthy workplace for employees, the State agrees to implement “Workplace Violence Prevention” policies and program.
2. The State agrees to provide training and procedures for preventing workplace violence and the Union will encourage employees to use these procedures.
3. All departments who employ Bargaining Unit 19 employees shall have zero tolerance for workplace violence, both verbal and physical.
4. Each Department shall maintain a Workplace Violence Prevention program which shall include “bullying”. The departmental program shall be in writing and made available to all Bargaining Unit 19 employees.

1. The State agrees that it shall make a reasonable effort to assign Bargaining Unit 19 employees to worksites with proper ventilation, lighting, heat and air conditioning. AFSCME recognizes that in some circumstances this may not be feasible, and agrees to work with the State on reasonable alternative measures during these circumstances.
2. Upon request, the State shall provide instruction in the proper operation and adjustment of computer and workstation equipment. Both parties will encourage employees to properly use computer equipment. Upon request, the State shall provide a copy of the Computer User's Handbook.
3. On an individual, case-by-case basis, as deemed necessary, the State shall take action to make equipment available to an employee who uses a computer. Such equipment may include but not be limited to:
1. Glare screens
2. Document holders
3. Adjustable keyboard, computer tables and supports
4. Footrest and wrist-rests
5. Telephone headsets
6. Keyboards for laptop users
7. Wheeled accoutrements
4. At the request of an employee, the State will conduct an ergonomic evaluation of the employee’s primary work station. Recommendations to identified issues/concerns will be shared with the employee. The State will endeavor to make alterations/provide equipment within 60 days.

1. Health and Safety Grievance – Step 2
1. If the grievant is not satisfied with the decision rendered by the employee’s supervisor, the grievant may appeal the decision within five (5) calendar days after receipt of the decision to a designated supervisor or manager identified by each department head as the second level of appeal. The grievance package shall be complete and include all prior communications, including, but not limited to, any attachments, examples, supervisor response and other correspondence, if applicable.
2. Within fourteen (14) calendar days after receipt of the appealed grievance, the person designated by the department head as the second level of appeal shall respond in writing to the grievance. The response shall include the original grievance package submitted. If the grievance was submitted by any representative other than AFSCME, a copy of the response and the grievance shall be provided to a designated AFSCME office.
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 within five (5) calendar days after receipt to the California Department of Human Resources (CalHR). The grievance package shall be complete and include all prior communications, including, but not limited to, any attachments, examples, supervisor response and other correspondence, if applicable.
2. The Director or designee of the CalHR shall respond to the grievance in writing within fourteen (14) calendar days.
3. The State shall assign a representative to the matter and provide electronic notice of the assignment to AFSCME within 30 calendar days of receipt of AFSCME’s request to arbitrate the grievance.
3. The arbitration shall take place no later than fourteen (14) days following AFSCME’s request unless the parties mutually agree otherwise.
4. Arbitration shall be in accordance with Section 5.11 of this agreement, unless otherwise provided.

1. The Joint Labor/Management Committee (JLMC) will discuss concerns associated with department specific usage of rental vehicles by employees in BU 19 classifications who travel on official State business, in an effort to review and examine procedures that ensure accountability with State travel expenditures. 
2. The JLMC shall consist of eight (8) members, four (4) management members selected by management and four (4) union members selected by the union.
3. Dates and times of meetings and agendas of the JLMCs shall be mutually determined by the members of the JLMC.
4. The JLMC meetings shall not be considered contract negotiations and shall not be considered a substitute for the grievance procedure. JLMC recommendations, if any, will be advisory in nature.
5. All committee members shall serve on the committee without loss of compensation. The state shall not incur any additional costs, including but not limited to, travel expenses as a result of attending the meetings.

1. It is the intent of this Article to provide for the fair and equitable approval and/or disapproval of Bargaining Unit 19 non-mandatory training requests to the extent it is practical and within available training resources.
2. Professional education/training is designed to increase an employee's professional growth and job-related development, or to maintain good standing for chaplains, or to increase an employee's job proficiency. This training is not otherwise required by the department under mandatory training.
3. The State shall encourage such professional education/training by authorizing up to five (5) days for a total of 40 hours per fiscal year without loss of compensation for professional education and training. Chaplains/Native American Spiritual Leaders may receive up to two (2) additional days (16 hours) per fiscal year in order to stay up to date of current teachings and practices of their associated denomination or tribe. This professional education and training must be approved in advance by the department head or designee. Such time shall not be accumulated beyond the fiscal year.
4. The State shall consider requests for out-of-state travel for training purposes by Unit 19 employees. All out-of-state travel for training purposes must be approved pursuant to Government Code Sections 11032 and 11033.
5. Employees may request reimbursement for tuition and/or registration fees, cost of course-related books, transportation or mileage expenses, toll and parking fees, lodging and subsistence expenses, and all other related expenses for training authorized under this Article.
6. Approval for out-service training may be denied if the same or similar accredited training is available through in-service training.
7. Employees attending training under this Article shall remain on active payroll status. All benefits accruing under the provisions of this Agreement shall continue during attendance at such training.
8. All education and training requests for time and/or reimbursement should be submitted in writing and written departmental approval or reasons for denial shall be provided to the employee within ten (10) workdays of a request for time only and twenty (20) workdays for a reimbursement request.
9. When an employee's request for training is denied, the State will give consideration to this fact when reviewing the employee's next request for training. In any case this provision shall not decrease current practice.
10. The State will consider professional growth and development needs when determining training monies for non-required training. Upon request, the appointing authority shall make available, where feasible, to the Union information on training policies, practices, procedures for requesting, and status of current training funds.
11. Nothing in this article shall prevent the State from granting requests in excess of the above minimums or requests for items not herein addressed.

1. Full-time employees in the classifications listed below will be entitled to paid educational leave to obtain continuing education units. 
1. The leave time can be taken at the employee's discretion subject to the operational need of the department and reasonable advance notice.
   
   The five (5) days allotted per fiscal year in Section 14.1, may be used for travel time on the day prior to a conference and/or the day after a conference, subject to the operational need of the department and reasonable advance notice.
2. In-service training for which CEU credit is provided may be counted at the State’s option towards the educational leave.
3. This leave is non-cumulative.
4. Part- time employees will receive a prorated leave according to the employee’s time base.
   
   

   CLASS	Paid Educational Leave Hours per Licensing Period
   Pharmacist I (Class Code 7982, 7659)	30
   Inspector, Board of Pharmacy (Class Code 8876)	30
   Pharmaceutical Consultant I, DHS (Class Code 7975)	30
   Pharmaceutical Consultant II, (Specialist) DHS (Class Code 7994)	30
   Registered Dietitian (Class Code 2167, 2172, 9279)	75
   Alcohol Treatment Counselor, Veterans Home (Class Code 9933)	30
   Child Nutrition Consultant (Class Code 2160)	75
   Public Health Nutrition Consultant (I, II, and III) (Class Code 2163, 2162, 2166)	75
   Consulting Psychologist (Class Code 7620)	36
   Consulting Psychologist, Victims of Crime (Class Code 7648)	36
   Psychologist (Clinical) (Class Code 9849)	36
   Psychologist (Clinical – Correctional Facility) (Class Code 9283)	36
   Psychologist (Educational) (Class Code 9835)	36
   Psychologist (Health Facility – Clinical) (Class Code 9860, 9873, 9878)	36
   Psychologist (Health Facility – Counseling) (Class Code 9838)	36
   Psychologist (Health Facility -- Educational) (Class Code 9841, 9844)	36
   Psychologist (Health Facility – Experimental) (Class Code 9833, 9834)	36
   Psychologist (Health Facility – Social) (Class Code 9858, 9864)	36
   Psychology Internship Director (Class Code 9842)	36
   Psychology Internship Director (Correctional Facility) (Class Code 9354)	36
   Senior Psychologist (Class Code 9840, Range A)	36
   Senior Psychologist (Correctional Facility) (Class Code 9289, Range A)	36
   Senior Psychologist (Health Facility – Specialist) (Class Code 9839)	36
   Senior Psychologist (Correctional Facility – Specialist) (Class Code 9287)	36
   Staff Psychologist (Clinical) (Class Code 9847)	36
   Staff Psychologist (Clinical – Correctional Facility) (Class Code 9290)	36
   Psychiatric Social Worker (Class Code 9870)	36
   Occupational Therapist (All Classes) (Class Code 8288)	24
   Occupational Therapist (Correctional Facility) (Class Code 9280)	24
   Occupational Therapist (DSH and DDS) (Class Code 8204)	24
   Occupational Therapy Consultant (Class Code 8281)	24
   Rehabilitation Therapist, State Facilities (Occupational) (Class Code 8289, 8323)	12
   Rehabilitation Therapist, State Facilities (Art-Safety) (Class Code 8420)	12
   Rehabilitation Therapist, State Facilities (Dance-Safety) (Class Code 8422)	12
   Rehabilitation Therapist, State Facilities (Music-Safety) (Class Code 8321)	12
   Recreational Therapist (All Classes) (Class Code 8312, 8324)	50
   Recreational Therapist, Correctional Facility (Class Code 9286)	50
   Senior Occupational Therapist (Class Code 8287)	12
   Senior Occupational Therapist (Correctional Facility) (Class Code 9346)	12
   Audiologist I (Class Code 8273)	24
   Audiologist I, DSH and DDS (Class Code 8299)	12
   Speech Pathologist I (Class Code 8279, 8309)	12
   Speech Pathologist II (Class Code 8278)	12
   Vocational Psychologist (Class Code 9853)	36
   Clinical Social Worker (Health/Correctional) Safety (Class Code 9872)	36
   Clinical Social Worker (Health Facility) (Class Code 9877)	36
   Consulting Optometrist I, DHS (Class Code 7970)	50
   Consulting Optometrist II, DHS (Class Code 7969)	50
   Optometrist (Class Code 7971)	50
   Hearing Conservation Specialist (Class Code 7974)	24
   Physical Therapist (Class Code 8280, 9281, 8315, 8277, 9342)	30
   Physician Assistant (Class Code 8016)	50
   Sexually Violent Predator Evaluator (Class Code 7621)	36

2. This Section may be modified during the life of this Agreement to reflect changes in licensing and/or certification requirements if mutually agreed to by the parties. Any such changes shall be incorporated into this Agreement.
3. Within available resources, the State shall endeavor to provide in-service training for continuing education (CEU) and other education and training necessary to maintain a State job-related license, registration or credential.
4. Continuing education leave may be used for required courses taken online.
5. Allowance for Required Continuing Education Units (CEU)
   
   The state will issue an annual payment on July 1st of $500 per year to cover continuing education cost for tuition and/or registration fees, cost related books and training materials, transportation or mileage expenses, toll and parking fees, lodging and subsistence expenses, and all other related expenses for courses directly related to maintaining licensure, certification, registration, or credentialing. For 2023/24 the payment will be retroactive to July 1, 2023 less already reimbursed for 2023/24 fiscal year. Out-of-State travel for CEU must be approved pursuant to Government Codes Sections 11032 and 11033.

1. Bargaining Unit 19 employees required to obtain a license and/or certification as a condition of employment and participate in examinations administered during the employee's regularly scheduled work hours shall have the option of using vacation, CTO, PLP, furlough, holiday credit or dock on the day of the scheduled examination. Current policies for requesting time off shall be followed. BU 19 employees shall submit verification of scheduled exam with time off request.
1. The BU 19 employee will be allowed to request the actual time off needed for travel and exam, up to their one full scheduled work day, of personal accrued time. The employee’s time will be restored if they pass the examination. The BU 19 employee shall submit a timesheet correction with verification of passing the examination for time restoration.
2. In the event the employee does not successfully pass the examination, the employee will not be eligible for restoration of time taken for that day.
2. It is the intent of the State to work out an agreement with appropriate licensing boards to provide for timely verification of licensing renewal by Bargaining Unit 19 employees. This issue shall be referred to the Labor/Management Committee for resolution. It shall be the responsibility of each employee to ensure they maintain a valid and current license. This means that it is the employee's responsibility to assure that a renewal is submitted far enough in advance so that management can be reasonably assured employees are working with a valid license. Until the State has worked out an agreement with the appropriate licensing boards to provide timely verification of appropriate license renewal, the State shall accept online verification from the licensing board, a copy of a check status report, or money order which the employee states was mailed to the appropriate licensing board.

1. The State and AFSCME agree that the cause or causes for an adverse action taken by management, the notice to an employee affected by an adverse action, and the affected employee’s appeal rights shall conform to the statutes governing adverse actions.
2. Adverse actions and alleged violations of notice and due process rights shall not be grievable under the grievance procedure contained in Article 5 of this Agreement, but shall be appealed to the State Personnel Board through the procedure specified by the Personnel Board.
3. An adverse action, other than termination, may be retained in an employee's official personnel file for up to three (3) years unless a shorter duration is stipulated by agreement. This does not apply to actions which have occurred during the intervening three (3) years.

1. Notwithstanding Government Code Sections 905.2, 19818.8, 19818.6, and 19823, an employee may be required to perform work other than that described in the specification for his/her classification for up to 120 consecutive calendar days during any 12 month period. An employee may be assigned to work out of class for more than 120 consecutive days only with the approval of the California Department of Human Resources (CalHR). Out-of-class work is defined as, more than 50 percent of the time, performing the full range of duties and responsibilities allocated to an existing class and not allocated to the class in which the person has a current, legal appointment.
2. If a department head or designee requires an employee to work in a higher classification for more than two consecutive weeks, the employee shall receive the rate of pay, pursuant to the Department Regulation 599.673, 599.674 or 599.676, the employee would have received if appointed to the higher class for the entire duration of the assignment. The out of class compensation shall not be considered as part of the base pay in computing the promotional step in the higher class. Compensation for out-of-class work shall not exceed one year. The out-of-class compensation shall not be considered as part of the base pay in computing the promotional step in the higher class. Out-of-class work is not considered compensation for retirement purposes.
3. If an employee believes that he/she has been assigned out-of-class duties, he/she may file an out-of-class grievance within thirty (30) days of the out-of-class assignments completion.
4. No employee may be compensated for more than one (1) year of out-of-class work for any single approved out-of-class assignment.
5. The State shall not rotate employees in and out of out-of-class assignments for the sole purpose of avoiding payment of an out-of-class compensation.
6. If any dispute arises about out-of-class work or other allegation of performing duties not assigned to an employee’s class, the employee or group of employees shall seek a review of the dispute by filing a contract grievance. The decision reached by CalHR at Step 3 of the grievance procedures shall be final and binding upon the parties and the Union and shall be appealable to Superior Court pursuant to Code of Civil Procedures Section 1286.2 only. Out-of-class claims shall not be filed with the Board of Control. A grievance granted under this Article shall not be compensated retroactively for a period greater than one (1) year preceding the filing of the grievance.

1. When the State desires to establish a new classification or modify an existing classification, or eliminate one that is in Bargaining Unit 19, the State shall notify AFSCME in writing at least thirty (30) calendar days prior to the State's requesting State Personnel Board action.
2. If AFSCME requests within seven (7) calendar days of the notice, the State shall meet with AFSCME to discuss the proposed class specification. If AFSCME does not respond to the classification notice, the classification proposal shall be deemed agreeable to AFSCME and placed on the State Personnel Board's consent calendar.
3. The State shall meet and confer, if requested, within seven (7) calendar days from the date the State Personnel Board approved the classification change, regarding only the compensation provisions of the classification.
4. Neither the classification nor the salary shall be subject to the grievance and arbitration procedure in Article 5.

1. A State officer or employee shall not engage in any employment, activity, or enterprise which is clearly inconsistent, incompatible, in conflict with, or inimical to their duties as a State officer or employee or with the duties, functions or responsibilities of the employee’s appointing power or the agency by which the employee is employed.
1. Each appointing power shall determine, subject to approval of the Departments, those activities which, for employees under his or her jurisdiction, are inconsistent, incompatible or in conflict with their duties as State officers or employees. Consideration shall be given to employment, activity or enterprise which:
1. Involves the use for private gain or advantage of State time, facilities, equipment and supplies; or the badge, uniform, prestige or influence of one's State office or employment, or
2. Involves receipt or acceptance by the officer or employee of any money or other consideration from anyone other than the State for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her State employment or as a part of his or her duties as a State officer or employee, or
3. Involves the performance of an act in other than their capacity as a State officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement by such officer or employee or the agency by which they are employed, or
4. Involves such time demands as would render performance of their duties as a State officer or employee less efficient.
2. Each State officer and employee shall, during the employee’s hours of duty as a State officer or employee and subject to such other laws, rules or regulations as pertain thereto, devote their full time, attention and efforts to their State office or employment.
3. The department may adopt rules governing the application of this section. Such rules may include provision for notice to employees prior to the determination of proscribed activities and for appeal by employees from such a determination and from its application to an employee.
2. Thirty (30) days prior to adoption, the State will notify AFSCME and affected employees of changes to existing incompatible activity Statements, if such changes impact on Bargaining Unit 19 members. Upon request, the State agrees to meet with AFSCME to discuss these changes.
3. AFSCME recognizes that the determination of incompatible activities is a matter of public policy and that disputes over the application of the incompatible activities Statement may only be grieved up to the second step of the grievance procedure which shall be the final level of review.

1. There shall only be one official personnel file. An employee's official departmental personnel file shall be maintained for Bargaining Unit 19 employees at a location identified by each department head or designee. Personnel files shall be maintained in a confidential manner. Access to personnel files shall only be in the course of official business.
2. An employee or their representative, if properly authorized by the employee, may review the employee’s personnel file during regular personnel office hours with appropriate prior notice. An employee may be excused, at the discretion of the employee’s supervisor, for a reasonable period of time to review their official personnel file. The official personnel file may not be removed from the personnel office unless approved by the department head or designee.
3. Where the official personnel file is in a location remote from the employee's work location, arrangements may be made to have a copy of the file sent (e.g., mail, electronic, or fax), to a location specified in writing by the employee.
4. Copies of written reprimands or memoranda pertaining to an employee's performance which are to be placed in the employee's personnel file shall be given to the employee at or near the time of placement, or if the employee is not available, shall be mailed to the employee's last known home address.
5. The State shall provide an opportunity for the employee to respond in writing to any information which is in the employee's personnel file about which the employee disagrees. Such responses shall become a part of the employee's personnel record so long as the initial article remains in the file. The employee shall be responsible for providing the written responses to be included as part of the employee's permanent personnel record.
6. This Section does not apply to the records of an employee relating to the investigation of a possible criminal offense, medical records and information or letters of reference.
7. Counseling memos, letters of instruction and work improvement memos shall contain an expiration date, not to exceed one year, at which time the employee may request the removal. When requested, the material referenced above shall be removed and given to the employee. An adverse action, other than termination, may be retained in an employee's official personnel file for up to three (3) years unless a shorter duration is stipulated by agreement. This does not apply to actions which have occurred during the intervening three (3) year period.
8. The electronic employment history will not be available to an immediate/hiring supervisor at the Departmental level without authorization from the employee. This section is not applicable to documentation used in a personnel actions or grievances.

1. Voluntary Transfer:
1. The parties recognize the desirability of permitting a permanent employee to transfer within their current department and classification to another location which the employee deems to be more desirable. To this end, permanent full-time BU 19 employees may apply for an Employee Voluntary Transfer to a position at another location within their current department. Current department employees who have applied for transfer to a vacant position in their class shall be considered before hiring a new department employee. In the event this consideration does not result in a successful voluntary transfer for the current employee, a written explanation of the reason(s) for the denial of the transfer request must be provided to the employee by the Human Resource Office or department designee within 30-calendar days of the employee being informed of the final decision.
2. Involuntary Transfer:
1. An involuntary transfer which reasonably requires an employee to change their residence may be grieved under Article 5 only if the employee believes it was made for the purpose of harassing or disciplining the employee. If the appointing authority or the California Department of Human Resources disapproves the transfer, the employee shall be returned to their former position; shall be paid the regular travel allowance for the period of time the employee was away from their original headquarters; and the employees moving costs both from and back to the original headquarters shall be paid in accordance with the California Department of Human Resources laws and rules.
2. An appeal of an involuntary transfer which does not reasonably require an employee to change their 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. Hardship Transfer:
1. The State and AFSCME recognize the importance of hardship transfers as a way of dealing with work and family issues. An employee experiencing a verifiable hardship, such as 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.
2. The State shall endeavor to reassign the employee to a comparable position in the requested geographic area.
3. Transfers under this section shall be considered voluntary and only occurs intradepartmental.
4. A department shall provide in writing the reason(s) for the inability to grant the transfer within 30 calendar days and no later than 60 calendar days after receiving a written request.
5. This section (C) is not subject to the grievance and arbitration procedure of this Contract.

1. In accordance with the applicable Federal and State laws and the California Department of Human Resources policy, the State agrees to make reasonable accommodation upon request for the known physical and/or mental limitations of an otherwise qualified employee with a disability. Such efforts shall include the types of reasonable accommodation specified by the California Department of Human Resources and the applicable Federal and State laws.
2. Alleged violations of this Section shall not be grievable under the grievance procedure contained in Article 5 of this Agreement. An employee may file a complaint through the State Personnel Board appeal procedure when the Reasonable Accommodation is denied or when an effective accommodation has not been provided.
3. The State recognizes the rights of employees regarding reasonable accommodation. In recognition of these rights, copies of departmental Reasonable Accommodation policies and State Personnel Board Appeal procedures, if available, regarding reasonable accommodation shall be made available by the State for Bargaining Unit 19 employees at each worksite.

1. An employee may be separated pursuant to California Government Code Section 19996.2 (the AWOL statute) if the employee is absent for five (5) consecutive workdays without leave to be absent. An employee separated pursuant to the AWOL statute shall be afforded an opportunity for a Coleman hearing by their appointing power within five (5) working days after notice of the separation.
2. AWOL hearings shall be conducted by California Department of Human Resources pursuant to Government Code Section 19996.2. The hearing officer shall have the discretion to award back pay. Once adopted by the California Department of Human Resources, 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 aspects of the hearing officer’s decision as provided by law. This does not otherwise limit or expand any other authority of the hearing officer under Government Code Section 19996.2.

1. The State shall not establish a broadband class pursuant to Government Code Section 18523 without mutual agreement between the California Department of Human Resources and AFSCME.
2. Broadband classes are classifications with the same general title may be used to designate each position allocated to the class and which may include more than one level or more than one specialty area within the same general field or work. In addition to the minimum qualifications for each broadband class, other job related qualifications may be required for particular positions within the class. When a broadband class is established, these levels and specialty areas shall be described in the class specification, and any instances in which these levels and specialty areas are to be treated as separate classes for the purposes of applying other provisions of law.

1. The State shall continue a Joint Labor Management Committee consisting of three (3) representatives from AFSCME and three (3) representatives from management to explore four (4) bargaining unit class specifications or specification series. AFSCME representatives on the committee shall serve without loss of compensation. 
2. The State and AFSCME mutually agree the committee will focus solely on the class definition, typical tasks, and minimum qualifications of the class specification. The parties also agree the classification committee shall not be used as a forum for discussion of salary-related issues. AFSCME may initiate discussions on classifications to be addressed by the committee by providing to the State relevant data and justification that indicate changes may be needed in the specification or specification series.
3. The Joint Labor Management Committee shall complete two (2) classification reviews in the same time period. It is the intent of the parties to complete the classification reviews prior to the expiration of this contract; however, the primary goal of each committee is to ensure the review undertaken results in an accurate classification specification.
4. The State and AFSCME recognize that classification proposals reflecting recommendations developed by the committee require approval by the California Department of Human Resources and the State Personnel Board.

1. Bargaining Unit 19 employees who are or become subjects of professional licensing or registration board investigations generated by a complaint filed by or on behalf of an individual they have encountered in the normal course of the employee's duties should contact the Department’s Employee or Labor Relations Office. The Employee or Labor Relations Office will facilitate communication between the employee and the Department’s Legal Affairs Office.
2. Consistent with Government Code Section 995 et seq., the State may provide for the defense of an administrative proceeding brought against an employee or former employee.
3. This section is not subject to the grievance and arbitration procedure.

1. Application. Whenever it is necessary because of 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 lay off employees pursuant to this Article.
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 State Personnel Board (SPB) rules and California Department of Human Resources (CalHR) regulations. Government Code Section 19997.3(b) shall not be used in the layoff process.
3. Notice. Employees compensated on a monthly basis shall be notified 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 mailing of the notice. Notice of the layoff shall be sent to AFSCME.
4. 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.
5. 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 departmental or subdivisional reemployment lists in accordance with Section 19056 of the Government Code.
6. State Service Credit for Layoff Purposes. In determining seniority scores, one 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 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 consecutive working days falls between two consecutive qualifying pay periods, the second pay period shall be disqualified.
7. Any dispute regarding the interpretation or application of any portion of this layoff provision shall be resolved solely through the procedures established in Government Code Section 19997.14. The hearing officer's decision shall be final and upon its issuance the California Department of Human Resources (CalHR) shall adopt the hearing officer's decision as its own. In the event that either the employee(s) or appointing power seeks judicial review of the decision pursuant to Government Code Section 19815.8, CalHR, in responding thereto, shall not be precluded from making arguments of fact or law that are contrary to those set forth in the decision.

1. The State may reduce the number of hours an employee works as an alternative to layoff. Prior to any implementation of such alternative, the State will notice and meet and confer with the Union to gain its concurrence on the usage of this alternative.
2. The State shall endeavor to provide voluntary reduced work time and job sharing opportunities, to permit voluntary unpaid leaves of absence, to utilize a statewide area of layoff, to encourage voluntary transfers in lieu of layoff, to integrate part-time employees into the full-time employee layoff lists, and to establish a State restriction of appointments program.
3. Employees who have had their hours of work reduced pursuant to this Section shall receive a proportionate reduction in salary, retirement credits, sick leave accrual, vacation leave accrual, holiday pay and seniority. Employees shall continue to receive the full State contribution to health, dental and vision plans as provided in Section 10.1 of this Agreement.

1. AFSCME shall be notified prior to the Department of Rehabilitation establishing new Statewide production goals or substantially modifying existing goals for Vocational Rehabilitation Counselors or Vocational Psychologists. The Department, at the request of the Union, shall meet and discuss the implementation of such goals. The Department will give full consideration to ideas, concerns and proposals made by AFSCME.
2. AFSCME recognizes the Department's right to evaluate counselor performance and the evaluation method.
3. AFSCME and the Department of Rehabilitation acknowledge that each supervisor shall meet with each counselor to establish a reasonable goal expectation each year. Such a meeting will consider but not be limited to the following factors: type of caseload, local economic conditions, availability of resources, and referral sources for the counselor and supervisor to project a reasonable goal expectation. A projected goal expectation shall not be considered a performance standard.

1. If an affected Fair Labor Standards Act (FLSA) covered Bargaining Unit 19 employee is held after the employee’s shift for a drug test, all time the employee is held shall be considered work time, and shall be subject to overtime compensation in accordance with the Bargaining Unit 19 Agreement and the FLSA.
2. If the CalHR policy is amended, the State shall notify all affected Bargaining Unit 19 employees within thirty (30) days of the change.
3. In the event of a change in the applicable laws that requires significant revision or amendment of the CalHR policy, the State shall notify AFSCME of the change, and meet with AFSCME regarding the change and the impact on Bargaining Unit 19 employees.

1. The parties recognize the provisions of Health and Safety Code Section 1316.5 as contained in Appendix 2 of the Agreement.
2. Each appointing authority employing Psychologists and Physician Assistants shall provide to AFSCME annually a copy of the Medical Staff By-Laws in effect at each health facility.
3. Where there is an organized medical staff there shall be Medical Staff By-Laws.
4. The provisions of this section and Appendix 2 shall not be grievable or arbitrable.

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. The telework locations and work hours shall be pre-approved pursuant to the telework policy and guidelines.
2. Departments shall establish a telework program. If the telework arrangement conforms to telework criteria established in the telework policy and guidelines, no employee’s request for telework shall be unreasonably denied. Upon request by the employee, a response of the decision shall be given in writing within 30 calendar days of the request with the reason for the denial.
3. Formal written telework or telecommuting policies and programs already adopted by departments before the date of this Contract will remain in effect until superseded and AFSCME is provided notice in accordance with Article 19. Upon the request of AFSCME, the departments will provide a copy of their formal written telework policy.
4. This section of the contract shall be grievable up to the California Department of Human Resources level.

1. The workspace of a permanent full-time Bargaining Unit 19 employee may include a location(s) where confidential communications may be performed in the conduct of the employee’s duties.
2. When existing workspace relocation occurs at the direction of the department and a confidential work area or alternate confidential location will not be made available to the employee, AFSCME will be notified.
3. When a workspace relocation takes place at the direction of the department, the department shall endeavor to provide a minimum 14 calendar days notice. This section is not applicable in a workspace relocation related to a health and safety issue, informal and/or formal investigations, or when an employee is on a leave of absence (e.g., Military Leave, Pregnancy/Parental Leave, Long-Term Sick Leave).

1. When available, with management approval and in accordance with institutional policy and procedures, donated items will be permitted.
2. In accordance with Departmental Policy and Operating procedures, Chaplains/Native American Spiritual Leaders may be provided the necessary religious articles and artifacts to perform their job duties.

1. When feasible, management will make a reasonable effort to provide a space for confidential phone or in-person communication, based on building and/or office space limitations or operational restrictions.
2. Consistent with department telework policy and procedures, employees conducting confidential work in the field may be allowed to complete said work from an approved telework or field location when feasible.

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 19 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 19 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 AFSCME’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 19 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 AFSCME’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) calendar days thereafter) provided the contract is or will be for services found in Bargaining Unit 19 class specifications. If the Form 215 contains confidential or proprietary information, it shall be redacted as discussed below in subsection D (2).
3. The purpose of this subsection (C) is to provide AFSCME 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 AFSCME for this purpose, if requested by AFSCME.
4. Displacement Avoidance
1. The objective of this subsection is to ensure that Bargaining Unit 19 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 19 employee’s classification;
2. The Bargaining Unit 19 employee is qualified to perform the job; and,
3. There is no disruption in services. 
2. Nothing in this section shall be interpreted or applied in such a manner as to interfere with Federal or State court, and/or recover the authority of the Federal or State court or the authority of the special masters.
5. Court Orders
   
   Nothing in this section shall be interpreted or applied in such a manner as to interfere with Federal or State court orders, the authority of the Federal or State court or the authority of the special masters and/or receiver.
6. 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. This Agreement sets forth the full and entire understanding of the parties regarding the matters contained herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, written or oral, regarding any such matters are hereby superseded. Except as provided in this Agreement, it is agreed and understood that each party to this Agreement clearly, unmistakably, and voluntarily waives its rights to negotiate with respect to any matter which is specifically covered in this Agreement for the duration of the Agreement. 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 Agreement. The parties recognize that during the term of Agreement it may be necessary for the State to make changes in rules which are within the scope of negotiations. Where the State finds it necessary to make changes, the State shall notify AFSCME of the proposed change 30 days prior to its proposed implementation and the State shall undertake negotiations regarding the impact of such changes on the employees in Bargaining Unit 19 when all three of the following exist:
1. Where such change would affect the working conditions of a significant number of employees in Bargaining Unit 19;
2. Where the subject matter of the change is within the scope of representation pursuant to the Ralph C. Dills Act; and
3. Where the Union requests to negotiate with the State.
3. Any agreement resulting from such impact negotiations shall be executed in writing and shall become an addendum to this contract, upon approval of the Union and the California Department of Human Resources. 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 the provisions of the Ralph C. Dills Act.

1. During the term of this Agreement, neither AFSCME nor its agents nor any Bargaining Unit 19 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.
2. AFSCME agrees to notify all of its officers, stewards, and staff of their obligation and responsibility for maintaining compliance with this Section, including the responsibility to remain at work during any interruption which may be caused or initiated by others, and to encourage employees violating this Section to return to work.
3. The State may discharge, suspend, demote or otherwise discipline any employee who violates this Section. Nothing contained herein shall preclude the State from obtaining judicial restraint and damages in the event of a violation of this Section.

1. The State and AFSCME agree that neither party will discriminate and/or harass against any employee consistent with federal and state employment laws.
2. At the employee’s discretion, allegations of discrimination and harassment may be pursued with the State Personnel Board’s complaint procedure specified by the Board, and/or to the Department of Fair Employment and Housing (DFEH) and/or the Federal Equal Employment Opportunity Commission (EEOC).
3. Employees filing complaints of discrimination will be allowed assistance from AFSCME stewards for the purposes of preparation of a Complaint of Discrimination. Stewards will be allowed reasonable time off for this purpose without loss of compensation, subject to prior notification and approval by the stewards immediate supervisor.
4. This Section is not subject to the grievance and arbitration procedure.

1. To facilitate communications between the parties and to promote a climate conducive to constructive employee relations, a Joint Labor/Management Committee shall be established. The function of the Joint Labor/Management Committee is to address issues of mutual concern in a problem solving context.
1. The Committee shall consist of four (4) designees of AFSCME and four (4) designees of the State.
2. The Committee will meet on a quarterly basis with AFSCME providing a proposed agenda at least three (3) weeks prior to the agreed upon meeting date. The State may also propose agenda items.
3. Employees shall suffer no loss of compensation as a result of participation in the Labor/Management Committee meetings. The State may also propose agenda items.
4. Each party shall be responsible for the expenses of its participants.
2. The subjects discussed at the Labor/Management meeting must relate generally to this Agreement. Labor/Management Committee meetings shall not be for the purpose of discussing pending grievances, subject matter discussed at other agreed upon contractual committee(s), or for collective bargaining on any subject.
3. The parties agree, upon the AFSCME’s request, to examine workload issues as a standing agenda item at the regularly scheduled Labor/Management meetings.
4. Labor Management Committees established pursuant to this section may be either departmental or Statewide. Departmental Committees may be established by mutual agreement between the appointing power (Department Director or designee) and AFSCME.
5. At the request of AFSCME and upon mutual agreement, facilities and worksites may conduct Labor/Management meetings.
6. Committee recommendations, if any, will be advisory in nature.

1. AFSCME and the California Department of Human Resources (CalHR) agree to establish a Contracting Out and Professional Retention Committee, consistent with Article 18 - Contracting Out of this Agreement. Upon mutual agreement, subject matter experts may be invited to attend the meetings and contribute to the discussions.
2. AFSCME and the State shall each be entitled to select a maximum of four (4) representatives. The Co-Chairs of the Committee shall be one (1) Committee member selected by AFSCME one (1) selected by the State. AFSCME and the State shall select their own representatives. Committee members and employee subject matter experts shall serve without loss of compensation. The Committee shall meet at least quarterly or more often as agreed to by the Committee. The Co-Chairs shall finalize the agenda at least fourteen (14) days in advance of the meeting. Committee meetings may be cancelled or postponed at the request of either party and agreement of both.
3. In developing recruitment and retention plans, and promotional pathways, the Committee will ensure that Departments are following the requirements outlined in this Agreement. The Committee will also make recommendations regarding their findings with respect to which contracts may be cancelled or reduced by the State as a budget solution.
4. The Committee will also explore the creation of an “In-House” Registry of Bargaining Unit 19 employees who would enjoy priority over outside contractors in performing additional work opportunities offered by the State.

1. The term of the Agreement shall be July 1, 2025, and remain in full force through June 30, 2028. However, contract language changes negotiated in this agreement, unless a different effective date is provided, shall go into effect upon ratification by both parties. 
2. Anything that has a financial impact, unless a different effective date is provided, will be effective the month following ratification, by both parties.
3. In the six-month period prior to the expiration date of the Agreement, the complete Agreement will be subject to renegotiation.

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.
3. Salary rates and salary ranges shall remain unchanged.
4. Employees will be given discretion to use PLP 2020 subject to operational considerations.
1. PLP 2020 time must be used before any other accrued leave with the exception of Professional Development Days and approved sick leave.
2. Employees may elect to use PLP 2020 in lieu of approved sick leave.
3. PLP 2020 shall be requested and used by the employee in the same manner as vacation/annual leave.
4. Subject to the above, requests for use of PLP 2020 leave must be submitted in accordance with departmental policies on vacation/annual leave.
5. All leave earned under PLP 2020 must be used prior to voluntary separation. Appointing powers may schedule employees to take PLP 2020 time off to meet the intent of this section. If an employee’s separation is not voluntary and the separation date cannot be extended, PLP 2020 shall be cashed out. Employees have until June 30, 2027, to use all leave time earned under PLP 2020. Any unused PLP 2020 time shall be void after June 30, 2027.
6. Time during which an employee is excused from work because of PLP 2020 leave shall not be considered as "time worked" for purposes of determining the number of hours worked in a work week.
7. 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 they would have received had the PLP 2020 not occurred.
8. 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, or service towards a merit salary adjustment.
9. PLP 2020 shall neither affect the employee’s final compensation used in calculating State retirement benefits nor reduce the level of State death or disability benefits to supplement those benefits with paid leave.
10. The PLP 2020 reductions shall not affect transfer determinations between state civil service classifications.
11. 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 below:
    
    

    Part-Time Time Base	PLP 2020 Credit Hours
    1/10	1.60
    1/8	2.00
    1/5	3.20
    1/4	4.00
    3/10	4.80
    3/8	6.00
    2/5	6.40
    1/2	8.00
    3/5	9.60
    5/8	10.00
    7/10	11.20
    3/4	12.00
    4/5	12.80
    7/8	14.00
    9/10	14.40

12. 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 P below.
13. PLP 2020 shall be administered consistent with the existing payroll system and the policies and practices of the State Controller’s Office.
14. Employees on SDI, NDI, ENDI, IDL, EIDL, or Workers’ Compensation for the entire monthly pay period shall be excluded from PLP 2020 for that month.
15. Seasonal and temporary employees are not subject to PLP 2020.
16. All Permanent Intermittent employees 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 2020
    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

17. 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 discontinue participation in VPLP, they shall be allowed to opt out at any time during the PLP 2020 program.
18. The maximum carry over balance of 640 hours in BU 19 Article 9.1 and 9.3 shall be increased for the term of this Side Letter, by the equivalent number of PLP 2020 hours BU 19 employees have been subject to during the PLP 2020 program.
19. The State shall not seek additional employee compensation reductions from AFSCME, Local 2620 represented employees during the 2020-21 and 2021-22 fiscal years.
20. Disputes regarding the denial of the use of PLP 2020 time may be appealed through the grievance procedure. The decision by the Department of Human Resources shall be final and there may be no further appeals.

1. At the request of AFSCME, the Department of Rehabilitation, will conduct up to two additional JLMC meetings per calendar year, pursuant to section 19.6, to discuss recruitment and retention as well as potential incentives. Agendas for JLMC meetings shall be mutually agreed upon. This Side Letter shall not extend beyond the term of this contract.
2. The meetings shall not be considered contract negotiations and shall not be considered a substitute for bargaining.

1. Each full-time employee shall continue to work their assigned work schedule and shall have a reduction in pay equal to 3%.
2. Each full-time employee shall be credited with five (5) hours of PLP 2025 on the first day of each pay period for the duration of the PLP 2025 program.
3. Salary rates and salary ranges shall remain unchanged.
4. Employees will be given discretion to use PLP 2025 subject to operational considerations.
1. PLP 2025 must be used before any other leave that may be cashed out upon separation with the exception of sick leave.
2. Employees may elect to use PLP 2025 in lieu of approved sick leave.
3. PLP 2025 shall be requested and used by the employee in the same manner as vacation/annual leave.
4. Subject to the above, requests for use of PLP 2025 leave must be submitted in accordance with departmental policies on vacation/annual leave.
5. All leave earned under PLP 2025 must be used prior to voluntary separation. Appointing powers may schedule employees to take PLP 2025 time off to meet the intent of this section. If an employee is unable to use this leave prior to an employee’s separation and the separation date cannot be extended, PLP 2025 shall be cashed out.
6. Time during which an employee is excused from work because of PLP 2025 leave shall not be considered as "time worked" for purposes of determining the number of hours worked in a work week.
7. 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 they would have received had the PLP 2025 not occurred.
8. PLP 2025 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 2025 does not affect other leave accumulations, or service towards a merit salary adjustment.
9. PLP 2025 shall neither affect the employee’s final compensation used in calculating State retirement benefits nor reduce the level of State death or disability benefits to supplement those benefits with paid leave.
10. The PLP 2025 reductions shall not affect transfer determinations between state civil service classifications.
11. 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 below:
    
    

    Part-Time Time Base	PLP 2025 Credit Hours
    1/10	0.50
    1/8	0.63
    1/5	1.00
    1/4	1.25
    3/10	1.50
    3/8	1.88
    2/5	2.00
    1/2	2.50
    3/5	3.00
    5/8	3.13
    7/10	3.50
    3/4	3.75
    4/5	4.00
    7/8	4.38
    9/10	4.50

12. PLP 2025 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 P below.
13. PLP 2025 shall be administered consistent with the existing payroll system and the policies and practices of the State Controller’s Office.
14. Employees on SDI, NDI, ENDI, IDL, EIDL, or Workers’ Compensation for the entire monthly pay period shall be excluded from PLP 2025 for that month.
15. Seasonal and temporary employees are not subject to PLP 2025.
16. All Permanent Intermittent employees shall be subject to the pro-ration of salary and PLP 2025 credits pursuant to the chart below:
    
    

    Hours Worked During Credit Pay Period	PLP 2025
    0-10.9	0.00
    11-30.9	0.63
    31-50.9	1.25
    51-70.9	1.88
    71-90.9	2.50
    91-110.9	3.13
    111-130.9	3.75
    131-150.9	4.38
    151 or over	5.00

17. Disputes regarding the denial of the use of PLP 2025 may be appealed through the grievance procedure. The decision by the Department of Human Resources shall be final and there may be no further appeals.
18. The 640 hour cap, as outlined in Article 9.1 Vacation (Subsection E.) and Article 9.3 (Subsection E.), shall be increased by 120 hours through the June 2027 pay period, which is the equivalent number of PLP 2025 hours employees shall receive. Effective the July 2027 pay period, the cap shall revert back to 640 hours.

1. The MFT and CC classification shall be recognized as represented by AFSCME Local 2620 and fall under the provision of the current Memorandum of Understanding (MOU) between the State of California and AFSCME Local 2620, effective July 2, 2023 – June 30, 2025. Employees hired into these classifications will receive the same terms and conditions of employment, benefits, and rights to representation as outlined in the MOU.
2. Specifically, MFTs and CCs will be included in the following sections that pertain to: 
1. Article 6.11 – On-Call/Call Back Assignments for CDCR/CCHCS Exempt Employees
2. Article 12.3 – License and Certification Renewal Fees
3. Article 14.2 - Leave for Required Continuing Education
1. Class: Marriage and Family Therapist
1. Paid Education Leave Hours per Licensing Period: 36 Hours
2. Class: Clinical Counselor
1. Paid Education Leave Hours per Licensing Period: 36 Hours
3. The salary for the MFT series is described below:
   
   

   Class Title	Salary Range	WWG	Salary (Min)	Salary (Max)
   Marriage and Family Therapist	A	E	$5,749	$7,338
   Marriage and Family Therapist	P	E	$7,082	$9,038
   Marriage and Family Therapist	Q	E	$7,896	$10,076

4. The salary for the CC is described below:
   
   

   Class Title	Salary Range	WWG	Salary (Min)	Salary (Max)
   Clinical Counselor	A	E	$5,749	$7,338
   Clinical Counselor	P	E	$7,082	$9,038
   Clinical Counselor	Q	E	$7,896	$10,076

Section 599.615.1 – Scope-Excluded Employees 

Section 599.616.1 – Definitions-Excluded Employees

Section 599.619 – Reimbursement for Lodging, Meal and Incidental Expenses-Excluded Employees

Section 599.623 – Miscellaneous Meal Expenses-Excluded Employees

Section 599.624.1 – Contracting for Lodging and/or Meal Expenses-Excluded Employees

Section 599.625.1 – Receipts-Excluded Employees

Section 599.627.1 – Special Transportation-Excluded Employees

Section 599.628.1 – Transportation by Aircraft-Excluded Employees

Section 599.629.1 – Railroad Transportation-Excluded Employees

Section 599.633.1 – Travel Reimbursements While on Sick Leave, Vacation, Other Paid Leave, or Compensating Time Off (CTO)-Excluded Employees

Section 599.635.1 – Attending Conferences, Conventions-Excluded Employees

Section 599.636.1 – Return of Remains of Deceased Employees-Excluded Employees

Section 599.638.1 – Expense Claim Form-Excluded Employees

1. In order to be in compliance with California Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines, modifications may need to be made to the formatting of the memorandum of understanding (MOU). These modifications will not change the intent of the language, nor will they be substantive in nature. Examples of formatting changes that will be needed: Table headers to make the table accessible for screen readers.
2. Section Outline format: A., 1., a., (1). -