Preview MOU

Agreement Between
State of California and
California Association of Highway Patrolmen (CAHP)
covering



BARGAINING UNIT 5
HIGHWAY PATROL




Effective
July 1, 2024 through July 1, 2027




TABLE OF CONTENTS

PREAMBLE

This AGREEMENT, hereinafter referred to as the Agreement, entered into by the STATE OF CALIFORNIA, hereinafter referred to as the State or employer, pursuant to Government Code Sections 19815.4 and 3517, and the CALIFORNIA ASSOCIATION OF HIGHWAY PATROLMEN, hereinafter referred to as the CAHP, has as its purpose the promotion of harmonious labor relations between the State and the CAHP; establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work, and other conditions of employment including health and safety.

The term "Agreement" as used herein means the written agreement provided under Government Code Section 3517.5.

ARTICLE I - RECOGNITION

1. Recognition

  1. Pursuant to Public Employment Relations Board (PERB) decision S-SR-5, the State recognizes the CAHP as the exclusive negotiating agent for all employees (Officers and Cadets) in the Law Enforcement Unit 5.
  2. Pursuant to Government Code Sections 19815.5 and 3517, the CAHP recognizes the Director of the Department of Human Resources (hereinafter “CalHR”) or their designee as the negotiating representative for the State and shall negotiate exclusively with the Director or their designee, except as otherwise specifically spelled out in the Agreement.

ARTICLE II - ORGANIZATIONAL SECURITY

2. Dues Deductions

  1. It is the intent of this section to provide for payroll deductions of the CAHP members to be deducted from their warrants insofar as permitted by law. The State agrees to deduct and transmit to the CAHP all authorized deductions from all CAHP members who have signed an approved authorization card for such deductions on a form provided by the CAHP, less necessary administrative costs incurred by the State Controller.
    1. The written authorization for the CAHP dues deductions shall remain in full force and effect during the life of this Agreement; provided, however, that any employee may withdraw from the CAHP by sending a signed withdrawal letter to the CAHP within thirty calendar days prior to the expiration of this Agreement.
    2. The amount of dues deducted from the CAHP members' pay warrants shall be set by the CAHP and changed by the State upon written request of the CAHP.
    3. The CAHP 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 its check off for CAHP dues.
  2. The dues deduction provisions of this article shall continue to pertain and be compiled with by the State with regard to those employees who are promoted into excluded classes or positions unless the employee elects to withdraw, or when any employee is transferred, promoted, or demoted from one bargaining unit to another where the CAHP is the exclusive bargaining agent.
  3. Upon request by the CAHP, the State shall provide the names, addresses, and identification numbers of all employees covered by this Agreement where permitted by law. It is agreed that the State shall provide each such employee the opportunity to request that their home address not be divulged to the CAHP. The CAHP agrees to pay any necessary administrative cost incurred by the State Controller.

3. CAHP Rights

  1. It is understood by the parties that the CAHP has the following rights:
    1. To represent its members before the State regarding wages, hours, and other terms and conditions of employment.
    2. Absent an emergency to receive timely written notice of changes to, or adoption of, any rule or regulation directly relating to wages, hours, and other terms and conditions of employment.
  2. Area/Section Commanders shall maintain their current practice of scheduling shifts and days off. Area/Section Commanders may, at the request of the CAHP Area Representative, or as a result of operational needs, provide for changes in the methods of scheduling shifts and days off. If a request is made by the Area/Section Commander or the CAHP Area Representative to make changes to the current practice of scheduling shifts and days off, the Commander and the Area Representative shall meet and confer to discuss the impact of the requested changes. Schedules once finalized, shall be posted ten (10) days prior to the schedule taking effect. In the event the finalized schedule cannot be posted ten (10) days prior to the schedule taking effect, the Area/Section Commander shall notify the CAHP Area Representative via email of the Area/Section Commander's reasons for the delay.
  3. CAHP Representative Designation:
    1. The State agrees to recognize CAHP Representatives for the purpose of representing employees on all matters relating to the administration of this Agreement, and upon request of an employee on Adverse Actions and other matters which may be, or are, on appeal to the State Personnel Board.
    2. An authorized CAHP Representative refers to a California Highway Patrol (CHP) Officer designated as a CAHP Director, Defense Representative, Area Representative, Alternate Area Representative, or a paid staff member.
    3. The CAHP shall provide to the Office of Employee Relations a written list of CAHP Representatives, broken down by work location and designated area of primary responsibility, within ten days of being requested by the Office of Employee Relations. This list shall be promptly updated by the CAHP as changes of CAHP Representatives occur. The Department shall recognize changes in Representative designations upon notification by the CAHP. A CAHP Representative's "area of primary responsibility" shall be the Division, Area, Section or Bureau which is the employee's assigned work location. Directors, paid staff, and defense representatives may be called upon to represent members statewide. However, if this representation is outside of the CAHP Representative's area of primary responsibility, it shall not be on state release time except as otherwise provided in this Agreement.

      There shall be no more than one Area Representative and one Alternate Area Representative per work location.
  4. CAHP Representatives shall have access to employees to represent them pursuant to C.1. above. The following limitations to access will apply:
    1. A CAHP Representative desiring access to a work location must state the purpose and request approval from the Area Commander or their designee within a reasonable amount of time prior to an intended visit.
    2. The Area Commander or their designee may restrict access for reasons of safety, security or operational needs.
    3. The CAHP agrees that its Representative will not interfere with Department operations.
    4. If a requested visit is denied, or access is restricted, another alternative for access will be timely provided, if feasible, to meet the respective needs of the parties.
    5. An employee designated as an authorized CAHP Representative must obtain permission from their immediate supervisor or designee to engage, during duty hours, in business relating to this Agreement. In no instance shall the designee be a CAHP Representative. Permission to engage in such activity shall be granted promptly unless such absence would interfere with efficient operations. If permission is denied, an alternate time will be designated.
  5. Representative Time Off
    1. Upon request of an employee, a CAHP Representative shall be allowed up to four hours of release time to assist the employee on a grievance or complaint at each level of the grievance/complaint procedure, provided it is in the CAHP Representative's designated area of primary responsibility. This time may be extended with approval of the commander of the Office of Employee Relations.
    2. Upon request of the CAHP, the grievant or a CAHP Representative shall be allowed up to eight hours of release time to assist the CAHP in preparing for arbitration. In no event will more than one individual be provided release time per arbitration. This time may be extended with approval of the commander of the Office of Employee Relations.
    3. Upon request of an employee, a CAHP Representative shall be allowed up to four (4) hours of release time to review an Adverse Action file and to assist the employee in preparation and presentation of the "Skelly" response, provided it is in the CAHP Representative's designated area of primary responsibility. This time may be extended with the approval of the commander of the Office of Employee Relations.
    4. Upon request of an employee, a CAHP Representative shall be allowed release time to assist the employee during an Adverse Action interrogation. If representation is provided as a result of an internal investigation at a time other than the CAHP Representative’s regularly scheduled shift, the regularly scheduled shift for the CAHP Representative shall be adjusted for the time actually spent in representation.
    5. If the representation is provided as a result of an internal investigation and is outside of the CAHP Representative’s area of primary responsibility, the only release time allowed will be the actual time spent in the interview. Exceptions to this provision will require approval from the commander of the Office of Employee Relations.
    6. CAHP Release Time: The CAHP may request to withdraw up to eight (8) hours from the leave bank of each Unit 5 member who is also a CAHP member for the use of CAHP representatives conducting CAHP business. The CAHP shall provide the Department with a list of Unit 5 members who are also CAHP members each time a leave deduction is requested, and the Department shall deduct time only from CAHP members. In the event time is inadvertently deducted from a non-CAHP member, the employee shall submit a written request to the CAHP. The CAHP shall verify the employee is not a member and notify the Office of Employee Relations. Once notified, the Department shall restore the leave credits to the employee.

      CAHP Directors utilizing release time shall maintain routine contact with their respective commander. In addition, CAHP Directors must complete all training determined by the Department to be required to receive Specialty Pay. Upon request, the Department will provide the CAHP a copy of the CAHP Directors' training records. This paragraph does not apply to Full Release Time.
    7. Full Release Time: The CAHP may request a reimbursable paid leave of absence for the full release of a CAHP Representative which may be granted at the discretion of the Commissioner or their designee in accordance with the following:
      1. A reimbursable paid leave shall assure an employee the right to their former position upon termination of the leave. The term "former position" is defined in Government Code Section 18522.
      2. The CAHP agrees to reimburse the Department for the full amount of the affected employee's salary, plus an additional amount equal to forty-four percent (44%) for all the time the employee is off on a reimbursable paid leave.
      3. The affected employee shall have no right to return from a reimbursable paid leave earlier than the agreed upon date without the approval of the Commissioner or their designee.
      4. Except in emergencies or layoff situations, a reimbursable paid leave shall not be terminated by the Commissioner or their designee prior to the expiration date.
      5. Employees on a reimbursable paid leave shall suffer no loss of compensation or benefits.
      6. Whether or not time for a reimbursable paid leave is counted for merit purposes shall be determined by the State Personnel Board (SPB) and such determination shall not be grievable or arbitrable.
      7. Employees on reimbursable paid leave under this provision and the CAHP shall waive any and all claims against the State for Workers' Compensation and Industrial Disability Leave.
      8. In the event an employee on a reimbursable paid leave, as discussed above, files a Workers' Compensation claim against the State of California or any agency thereof, for an injury or injuries sustained while on a reimbursable paid leave, the CAHP 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.
    8. The CAHP shall be granted the following:
      1. On July 1 of each year, the State shall contribute four thousand (4,000) hours per year to the CAHP Release Time Bank.
      2. Reasonable release time for meet and confer sessions between the CAHP and the Department for the purposes related to the administration of this Agreement.
      3. Reasonable release time to attend meetings of established committees including, but not limited to, Department Occupational Safety Board and Motor Vehicle Advisory Board.
      4. Continuation of the existing practice for the use of informal leave (dock time) for CAHP business.
      5. An employee using release time as specified in this Section, shall report such time by use of the CHP 610, Representation Reporting.
    9. Employee Time Off

      Employees shall be entitled to reasonable time off without loss of compensation to confer with a representative of the CAHP on representational matters at the work site in accordance with E. 1., 2., 3., 4. and 5. above during working hours, subject to approval of the employee's supervisor.
  6. Personnel Files

    With an employee's written consent, an authorized CAHP Representative shall be permitted, upon request, to inspect the employee's official Department personnel file during normal business hours. Such review shall not interfere with the normal business of the Department. Other existing rules relating to personnel folders shall remain in effect.
  7. Distribution of Literature
    1. The CAHP may use existing employee organization bulletin boards to post information or materials concerning the following subjects:
      1. Notices and results of any official CAHP Committee or Board of Director's Meeting.
      2. Notices of CAHP elections and their results.
      3. Notices of CAHP recreational and social events.
      4. Notices of other official CAHP business.
    2. Upon mutual agreement between an authorized CAHP Representative and the Department, CAHP bulletin boards may be installed at reasonable locations. When required, the CAHP shall reimburse the State for additional costs incurred.
    3. Any materials posted shall be dated and initialed by the CAHP Representative, and a copy of all materials posted provided to the Area Commander or their representative at the time of posting. The CAHP agrees that any materials posted or distributed at the work location will not be obscene, libelous, defamatory, or of a partisan political nature.
    4. The CAHP may distribute CAHP literature before or after work hours or during meal periods in areas in which work is not being conducted.
  8. Use of State Facilities

    The Department will permit the CAHP to use State facilities for membership meetings and conferences, upon reasonable advance notice to the appropriate Department representative, and subject to operating needs of the Department. The CAHP shall reimburse the Department for additional expenses incurred as a result of the CAHP’s use of such State facilities.
  9. Use of State Telephones

    Upon request, CAHP Representatives shall have access without cost to state telephones to conduct employee relations business provided, however, the use of state telephones shall not result in toll charges or interfere with the operation of the facility or office.
  10. Use of State Electronic Mailing (email) System

    CAHP Representatives shall be permitted incidental and minimal use of the Department's email system to conduct employee relations business provided such use results in no additional cost to the Department; and provided such use does not interfere with the operations of the Department.
  11. Discrimination Complaint Tracking System (DCTS)

    If any demand is made upon the CalHR or the Department for information contained in the DCTS entered by Department pertaining to individual CAHP members, the CAHP shall be notified. The DCTS shall remain confidential and in the event of any breach of security, the CalHR shall follow State policies and laws to ensure privacy protections for individuals whose information may have been breached.
  12. Internal/Administrative Investigations Updates:

    The Department and the CAHP are mutually concerned about completing internal/administrative investigations in a timely manner. Upon request by a District Director to the Office of Employee Relations, the Office of Employee Relations will provide the CAHP Director the status update of an internal/ administrative investigation. The "status update" will not include any private or confidential information but may include an estimate, if known, of the timeline to conclude the investigation.

ARTICLE III - STATE'S RIGHTS

4. Management Rights

  1. Except for those rights which are expressly abridged or limited by this Agreement, all rights are reserved to the State. 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; to layoff, assign, schedule, and train employees; 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.
  2. This article is not intended to, nor may it be construed to, contravene the spirit or intent of the merit principle in state employment, nor limit the rights of state civil service employees provided by Article VII of the State Constitution or by-laws and rules enacted thereto.

ARTICLE IV - GENERAL PROVISIONS

5. No-Strike

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

6. Severance Clause

Should any provisions of this Agreement be found unlawful or invalidated by a court of competent jurisdiction, or operation of law, the remainder of the Agreement shall continue in force. Upon occurrence of such an event, the parties shall meet as soon as practicable to attempt to renegotiate the invalidated provision(s).

7. Legislation

The CAHP will notify the CalHR and the Department of any legislation it sponsors which, to its knowledge, has an effect on this Agreement. The CalHR will notify the CAHP of any legislation it sponsors which, to its knowledge, is within the scope of bargaining.

8. Printing and Distribution of Memorandum of Understanding

  1. The CAHP will print or provide, at the CAHP’s expense, sufficient copies of this Memorandum of Understanding to supply a copy to each Unit 5 employee.
  2. One CAHP Representative at each Area office will be allowed four hours of time released from duty to distribute copies and discuss this Memorandum of Understanding. This time may be used in one-half hour increments twice each quarter on a date mutually agreeable by the Area/Section Commander and the CAHP Representative.
  3. The CAHP will provide up to one thousand (1,000) copies of this Memorandum of Understanding at cost to the State for its use.

ARTICLE V - GRIEVANCE, ARBITRATION, AND COMPLAINT PROCEDURES

9. Grievance Procedure

  1. Purpose
    1. This grievance procedure shall be used to process and resolve grievances arising under this Agreement.
    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.
  2. Definitions
    1. A grievance is a dispute of one or more employees, or a dispute between the State and the CAHP involving the interpretation, application, or enforcement of the express terms of this Agreement.
    2. As used in this procedure, the term "immediate supervisor" means the individual identified by the appointing authority who assigns, reviews and directs the work of an employee.
    3. As used in this procedure, the term "party" means the CAHP, an employee, or the State.
    4. A "CAHP Representative" refers to an employee designated as a CAHP Representative or a paid staff member.
  3. Time Limits

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

    The parties may mutually agree to waive any step of the grievance procedure.
  5. Presentation
    1. At any step of the grievance procedure, either party may determine it desirable to hold a grievance conference. If a grievance conference is scheduled, the grievant or a CAHP Representative, or both, may attend without loss of compensation.
    2. Release time shall be administered pursuant to Article II, Section 3.E.1. of this Agreement.
  6. Employee Rights

    Each employee retains all rights conferred by Government Code Sections 3515 and 3515.5 (Ralph C. Dills Act).
  7. Application

    Grievances as defined in B.1. above, shall be brought through this procedure. Any previous grievance procedure adopted by the State shall not apply to employees covered by this Agreement for any purposes whatsoever.
  8. Informal Discussion

    An employee grievance initially shall be discussed with the employee's immediate supervisor. This discussion must occur within thirty (30) calendar days of the event or circumstances occasioning the grievance. The immediate supervisor shall give their decision or response within seven (7) calendar days of the discussion.
  9. Formal Grievance - Level I
    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 fifteen (15) calendar days of the decision rendered in the informal grievance procedure, whichever is later.
    2. 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 the appointing authority as the first level of appeal.
    3. Within fifteen (15) calendar days after receipt of the formal grievance, the person designated by the Commissioner as the first level of appeal shall respond in writing to the grievance.
    4. No contract interpretation or grievance settlement made at this stage of the grievance procedure shall be considered precedential.
  10. Formal Grievance - Level II
    1. If the grievant is not satisfied with the decision rendered pursuant to Level I, the grievant may appeal the decision within fifteen (15) calendar days to a designated supervisor or manager identified by the appointing authority as the second level of appeal. If the appointing authority or designee is the first level of appeal, the grievant may bypass Level II.
    2. Within fifteen (15) calendar days after receipt of the appealed grievance, the person designated by the Commissioner or their designee as the second level of appeal shall respond in writing to the grievance.
    3. No contract interpretation or grievance settlement made at this stage of the grievance procedure shall be considered precedential.
  11. Formal Grievance - Level III
    1. If the grievant is not satisfied with the decision rendered pursuant to Level II, the grievant may appeal the decision within fifteen (15) calendar days to a designated supervisor or manager identified by the appointing authority as the third level of appeal. If the appointing authority or designee is the second level of appeal, the grievant may bypass Level III.
    2. Within thirty (30) calendar days after receipt of the appealed grievance, the person designated by the Commissioner or their designee as the third level of appeal shall respond in writing to the grievance.
  12. Formal Grievance - Level IV
    1. If the grievant is not satisfied with the decision rendered at Level III, the grievant may appeal the decision within fifteen (15) calendar days to the Director of CalHR or their designee.
    2. Within sixty (60) calendar days after receipt of the appealed grievance, the Director of CalHR or designee shall respond in writing to the grievance.
  13. Response

    Failure of the grievant to comply with the time limits of this Article shall render the grievance null and void. Failure of the Department or State to respond in a timely manner shall permit the grievance to be filed at the next level.
  14. Miscellaneous Provisions
    1. The parties, upon mutual agreement, may consolidate grievances at any level which address similar issues.
    2. Grievance records shall be filed separately from an employee's personnel file and shall be considered confidential.
    3. A grievant may withdraw a grievance at any time. The grievant shall not file any subsequent grievance on the same alleged incident.

10. Arbitration Procedure

  1. Only grievances which involve the interpretation, application, or enforcement of the express terms of this Agreement may be appealed to binding arbitration.
  2. Pursuant to A. above, if the CAHP is not satisfied with the decision rendered at Level IV, the CAHP may appeal the decision to binding arbitration within thirty (30) calendar days of management's final decision. Such referral shall be made by written demand submitted to the Director of CalHR or their designee.
  3. Selection of Arbitrator
    1. An impartial arbitrator shall be selected jointly by the parties within ten (10) working days of receipt of the written demand.
    2. In the event the parties are unable to agree within the time stated, the arbitrator shall be selected from a panel submitted by the American Arbitration Association or the California State Mediation Service. The arbitrator shall be selected by alternate striking of names until only one is left.
    3. Notwithstanding any other provisions within this Article, the moving party on an arbitration case shall commence the arbitration within sixty (60) calendar days of the selection of the arbitrator pursuant to 1. or 2. above unless this time is extended by mutual agreement or the selected arbitrator is unavailable to hear the arbitration case within sixty (60) calendar days. Requests for arbitration will not be scheduled during formal collective negotiations unless mutually agreed to by the parties.
    4. The State and the CAHP will use expedited arbitration unless agreed otherwise. Expedited arbitration includes:
      1. A requirement that the arbitrator selected render a decision within sixty (60) calendar days of the conclusion of the hearing.
      2. No court reporter unless mutually agreed by the parties.
      3. No post hearing briefs unless mutually agreed by parties.
  4. Decision
    1. The decision of the arbitrator shall be final and binding.
    2. The arbitrator shall have no authority to add to, delete, or alter any provisions of this Agreement, but shall limit their decision to the application and interpretation of its provisions.
  5. Costs

    The fees and expenses of the arbitrator and the court reporter, if any, shall be shared equally by the parties.
  6. The arbitration provision of this Article is not available to individual employees processing their own grievances.

11. Complaint Procedure

  1. Purpose

    To resolve complaints informally at the lowest possible level and provide an orderly procedure for reviewing and resolving complaints promptly.
  2. Definition

    A complaint is a dispute of one or more employees or a dispute between the CAHP and the Department involving the application or interpretation of an existing written rule or policy. This procedure does not cover merit-related issues.
  3. Time Limits

    Each party involved in the complaint shall act quickly so that the complaint may be resolved promptly. However, with mutual consent of the parties, time limits for any step may be extended.
  4. Waiver of Steps

    The parties may mutually agree to waive any step of the complaint procedure.
  5. Presentation

    At any step of the complaint procedure, either party may determine it desirable to hold a conference. If a conference is scheduled, the complainant and/or a CAHP Representative may attend without loss of compensation pursuant to Article II, Section 3.E.1. of this Agreement.
  6. Informal Discussion

    An employee's complaint initially shall be discussed with the employee's immediate supervisor. This discussion must occur within thirty (30) calendar days of the event or circumstances occasioning the complaint. The immediate supervisor shall give their decision or response within fifteen (15) calendar days of the discussion.
  7. Formal Complaint - Level I
    1. If an informal complaint is not resolved to the satisfaction of the complainant, a formal complaint may be filed no later than:
      1. Thirty (30) calendar days after the event or circumstances occasioning the complaint, or
      2. Within fifteen (15) calendar days of the decision rendered in the informal complaint procedure, whichever is later.
    2. A formal complaint shall be initiated in writing on a form provided by the State and shall be filed with a designated supervisor or manager identified by the appointing authority as the first level of appeal.
    3. Within fifteen (15) calendar days after receipt of the formal complaint, the person designated by the Commissioner as the first level of appeal shall respond in writing to the complainant.
  8. Formal Complaint - Level II
    1. If the complainant is not satisfied with the decision rendered in Level I, the complainant may appeal the decision within fifteen (15) calendar days to a designated supervisor or manager identified by the appointing authority as the second level of appeal. If the appointing authority or designee is the first level of appeal, the complainant may bypass Level II.
    2. Within fifteen (15) calendar days after receipt of the appealed complaint, the person designated by the Commissioner or their designee as the second level of appeal shall respond in writing to the complainant.
  9. Formal Complaint - Level III
    1. If the complainant is not satisfied with the decision rendered in Level II, the complainant may appeal the decision within fifteen (15) calendar days to the Office of the Commissioner. This is the final and last step of the procedure.
    2. Within thirty (30) calendar days after receipt of the appealed complaint, the Office of the Commissioner shall respond in writing to the complainant.
    3. The Commissioner or designee shall mail a copy of the complaint and response to the CAHP and the complainant.
  10. Response

    Failure of the complainant to comply with the time limits of this procedure shall render the complaint null and void. Failure of the Department to respond within the time limits shall permit the complainant to file the complaint at the next higher level.
  11. Miscellaneous Provisions
    1. The parties, upon mutual agreement, may consolidate complaints at any level which address similar issues.
    2. Complaint records shall be filed separately from an employee's personnel file and shall be considered confidential.
    3. A complainant may withdraw a complaint at any time. The complainant shall not file any subsequent complaint on the same alleged incident.

12. Informal Dispute Resolution (IDR)

  1. Purpose

    To resolve disputes on all performance related matters through an informal “meet and confer” process at the lowest possible level.
  2. Definition
    1. The IDR is a dispute resolution process by which an employee’s chosen CAHP Representative acts on behalf of the employee to informally resolve adverse written findings of a citizens’ complaint investigation or any adverse comments on performance documents (i.e. CHP 100 forms, Memorandums of Direction, Correction or Findings, Censurable Incident Reports, etc.).
    2. A “CAHP Representative” refers to an employee designated as a CAHP Representative or a paid staff member.
    3. Once the IDR process is initiated as the avenue for disputing items mentioned in paragraph 1. above, an employee shall not file a grievance or a complaint on the same matter. However, nothing shall preclude an employee from utilizing the grievance process in lieu of the IDR process if a contract violation exists nor the complaint process if a departmental policy violation exists.
  3. Time Limits

    Each party involved in the dispute shall act quickly so the dispute is resolved promptly. However, with mutual consent of the parties, time limits for any step may be extended.
  4. Presentation

    The affected employee does not have the absolute right to attend the session but may be allowed to participate if the Commander allows.
  5. IDR – Level I
    1. An employee’s chosen CAHP Representative may request to meet with the Area/Section Commander over written comments considered adverse to the employee’s performance.
      1. This discussion must occur within thirty (30) calendar days of the issuance of the written comments.
      2. Within thirty (30) calendar days of the meeting, the Area/Section Commander shall render a decision to the CAHP Representative.
  6. IDR – Level II
    1. If the dispute is not resolved with the decision rendered by Level I, the dispute may be elevated by the employee or the Area Representative to the employee’s CAHP District Director. The District Director may request to meet with the appropriate Division Commander over written comments considered adverse to the employee’s performance.
      1. This discussion must occur within thirty (30) calendar days of the Area/Section Commander’s decision.
      2. Within thirty (30) calendar days of the Level II meeting, the Division Commander shall render a decision to the CAHP District Director.
  7. IDR – Level III
    1. If the Director and/or affected employee is not satisfied with Division response, they may request that the item be placed on a formal meeting agenda, scheduled between the CAHP and the Office of the Commissioner.
      1. This discussion must occur within thirty (30) calendar days of the Division Commander’s Decision.
      2. Within thirty (30) calendar days of the Level III “meet and confer,” the Office of the Commissioner shall render a decision to the CAHP.
    2. An employee may withdraw a dispute at any time. The employee shall not file any subsequent disputes on the same alleged incident.
    3. Level III shall be considered the last level of appeal.
  8. Response

    Failure of the Department to respond in a timely manner shall permit the Informal Dispute Resolution to be forwarded to the next level by the affected employee or their representative.

13. Public Safety Officer Bill of Rights (POBR)

  1. The Department and the CAHP agree to work jointly on providing training to Department managers and supervisors relative to POBR located in Chapter 9.7, Division 4, Title 1 of the Government Code. The parties agree this training may include other matters related to administrative investigations and labor relations. 
  2. This section is not subject to the grievance or arbitration sections of this contract.

ARTICLE VI - SALARIES

14. Salary Definitions

  1. General Wage Increases

    Effective July 1 of each fiscal year covered by the term of this agreement, the State and the CAHP agree to continue providing for general wage increases as required by Government Code Section 19827. This means that employees shall receive a general salary increase based on the agreed upon difference of weighted average of the total compensation salary survey as referenced in Government Code Section 19827 and the weighted average salary of the total compensation for the CHP Officer using the survey methodology and definitions of total compensation currently in place on the date of this agreement.
  2. CHP Cadet
    1. Cadet training at the academy will likely incur overtime. The first one-hundred (100) hours of overtime will be earned at CTO at time and one half. Any hours incurred thereafter will be paid at the regular hourly premium overtime rate or CTO, depending on what the Cadets select.
    2. Up to eighty (80) hours, but not less than forty (40) hours of CTO shall be expended after graduation from the Academy and prior to reporting to the first assignment after graduation from the Academy.
    3. The parties enter into this agreement with the understanding that this section fully complies with the Federal Fair Labor Standards Act. Should any subsequent ruling to the contrary be issued by either the Department of Labor or the courts, this agreement shall be null and void and the parties shall meet to re-negotiate this provision.
  3. Salary Ranges

    For the purpose of salary actions pertaining to employees in Unit 5, the following definitions shall apply:
    1. "Salary range" is the minimum and maximum rate currently authorized for the class The following salary ranges are applicable to CHP Officers:
    2. "Step" for employees compensated on a monthly basis is a five percent (5%) differential above or below a salary rate rounded to the nearest dollar, and for employees compensated on a daily or hourly basis is a five percent (5%) differential above or below a rate rounded to the dollar and cents amount.
    3. "Rate" for employees compensated on a monthly basis is any one of the full dollar amounts found within the salary range and, for employees compensated on a daily or hourly basis, any one of the dollar and cents amounts found within the salary range.
    4. "Range differential" is the difference between the maximum rate of two (2) salary ranges of the pay plan.
    5. "Substantially the same salary range" is a salary range with the maximum salary rate less than two (2) steps higher or lower than the maximum salary rate of another salary range.
    6. "Higher salary range" is a salary range with the maximum salary rate at least two (2) steps higher than the maximum salary rate of another salary range.
    7. "Lower salary range" is a salary range with the maximum salary rate at least two (2) steps lower than the maximum salary rate of another salary range.

15. Work Day

  1. Unit 5 employees shall be compensated their regular base pay plus a six and one-quarter percent (6.25%) differential for working an additional one-half (1/2) hour per day.
  2. Employees assigned to the eight-and-one-half (8-1/2) hour work shift shall be scheduled for twenty (20) eight-and-one-half (8-1/2) hour shifts per each twenty-eight (28) day work period. Employees assigned to the nine-and-one-half (9-1/2) hour work shift shall be scheduled for eighteen (18) nine-and-one-half (9-1/2) hour shifts per each twenty-eight (28) day work period. In addition, each employee working the nine-and-one-half (9-1/2) hour shift shall be credited with one (1) hour of CTO at straight time rate for every twenty-eight (28) day work period. Employees assigned to the ten-and-one-half (10-1/2) hour shift shall be scheduled for sixteen (16) ten-and-one-­half (10-1/2) hour shifts per each twenty-eight (28) day work period. Employees assigned to the twelve-and-one-half (12-1/2) hour shift shall be scheduled no less than twelve (12), twelve-and-one-half (12-1/2) hour shifts, and no more than two (2), eight-and-one-half (8-1/2) hour shifts per each twenty-eight (28) day work period.
  3. The hourly rate shall be calculated using a Conversion Monthly Divisor of 184.17, which is the equivalent of a forty-two and one-half (42-1/2) hour work week, or one hundred and seventy (170) hour work period of twenty-eight (28) days.
  4. When an employee utilizes leave credits for a full day off, the employee will not be required to cover the extra half hour compensation for lunch periods. Therefore, an employee assigned to an eight-and-one-half (8-1/2) hour work shift shall use eight (8) hours of leave credits for a full day off. An employee assigned to a nine and one-half (9-1/2) hour work shift shall use nine (9) hours of leave credits for a full day off. An employee assigned to a ten-and-one-half (10-1/2) hour work shift shall use ten (10) hours of leave credits for a full day off. An employee assigned to a twelve-and one-half (12-1/2) hour work shift shall use twelve (12) hours of leave credits for a full day off. An employee who uses leave credits for a partial day off is required to cover the extra half hour compensation for lunch period.
  5. Officers that are assigned to special duty/administrative assignments, where the office hours are Monday through Friday 0800 – 1700 hours, the Department may assign an additional one-half (1/2) hour lunch period, in addition to the scheduled one-half (1/2) hour per day lunch period, without incurring overtime.

16. Merit Salary Adjustments

Employees shall receive annual merit salary adjustments in accordance with Government Code Section 19832 and applicable CalHR rules.

17. Bilingual Pay

  1. Commencing the first day of the pay period following ratification by both parties, an employee certified “bilingual” who is assigned to a command with a demonstrated need, as determined by the Department, which requires the use of the employee's bilingual skill, shall receive a one hundred and twenty-five dollar ($125) per month bilingual pay differential. Payment shall commence after certification and assignment on the first pay period in which the Department certified bilingual proficiency.
  2. The payments made pursuant to this provision will continue to be considered compensation for retirement purposes. 
  3. Notwithstanding any other provision in this Agreement, this provision is subject to the Grievance Procedure section, but not the Arbitration Procedure section of this agreement.

18. Canine Care and Maintenance Pay

  1. Commencing the first day of the pay period following ratification by both parties, an employee assigned full time to perform the duties of a canine handler shall receive four percent (4%) of their base salary per month for care and maintenance of their assigned canine. This care and maintenance pay is over and above the reimbursements articulated in HPM 70.7, Departmental Canine Program Manual.
  2. The care and maintenance pay represents good faith compensation which is more than sufficient to cover the hourly Federal Fair Labor Standards Act Wage associated with the daily care and maintenance of a canine, outside the normal hours of work of the assigned employee during the month. The intent of this pay is to ensure compliance with all applicable state and federal labor and other laws, including but not limited to, the Fair Labor Standards Act, 29 U.S.C. Section 200 et. seq. The parties consider this pay to constitute extra compensation provided by a premium rate under 29 U.S.C. Section 207 (e) (5) (6) and (7), such that this pay need not factor into the calculation of the regular rate for overtime purposes.
  3. This care and maintenance pay is not specialty pay for the employee and therefore is not subject to the removal for cause procedures.
  4. The care and maintenance pay is not considered compensation for retirement purposes.
  5. Notwithstanding any other provision in this Agreement, this provision is subject to the Grievance Procedure section, but not the Arbitration Procedure section of this Agreement.

19. Educational Incentive Pay

  1. The State agrees to pay employees who attain the POST Certificates listed below, or the appropriate college degree, as follows:
    1. Employees shall qualify for two and one-half percent (2.5%) of their base salary or no less than one hundred and twenty dollars ($120) per month if they possess an Intermediate POST Certificate or equivalent, as certified by the Department, or an AA Degree.
    2. Employees shall qualify for five percent (5%) of their base salary or no less than two hundred and forty dollars ($240) per month if they possess an Advanced POST Certificate or equivalent, as certified by the Department, or a BA Degree.
  2.  The degrees must be obtained from an accredited college or university.
  3. The above educational incentives are non-cumulative, i.e., employees are eligible to receive one or the other, but not both.
  4. Employees who submit their CHP 74 shall begin receiving the Educational Incentive Pay effective with the pay period following the month in which the form was submitted.
  5. The payments made pursuant to this provision will continue to be considered compensation for retirement purposes.

20. Field Training Officer Pay

  1. Commencing the first day of the pay period following the ratification by both parties, an employee shall receive, while functioning in a field training capacity for a full shift, a differential of seven percent (7%) of the daily rate of base pay for every day in which the employee meets the requirements set forth in this section.
    1. Training new employees or retraining existing employees.
    2. Acting as a Certified Motorcycle Training Officer during a Category II training period of newly assigned motorcycle riders or the reassignment evaluation of existing Category I motorcycle riders.
  2. Field Training Officer pay does not apply to situations where an experienced or skilled employee is required to informally impart their knowledge to a newly hired or less experienced employee. Such payments shall be made during the following pay period provided certification of eligibility occurs prior to the payroll cut-off date. Certification occurring after the deadline date may result in a delayed payment to a following pay period.
  3. The daily rate of pay shall be calculated by taking the base pay of the employee, divide it by 21.667 (average workdays per month) and multiply it by seven percent (7%).
  4. The payments made pursuant to this provision will continue to be considered compensation for retirement purposes.
  5. Notwithstanding any other provision in this Agreement, this provision is subject to the Grievance Procedure section, but not the Arbitration Procedure section of this Agreement.

21. Investigator Pay

  1. Commencing the first day of the pay period following the ratification by both parties, employees assigned full time to perform the duties of an investigator who meet or exceed performance standards in all critical tasks on their annual performance appraisal shall receive two hundred and fifty dollars ($250) per month.
  2. Assignment of an employee to a full-time position to perform the duties of an investigator shall be based upon qualifications and experience desired to perform the specific assignment. Employees selected shall also have met or exceeded all critical tasks identified on their annual performance appraisal.
  3. Employees who are on a temporary assignment for more than thirty (30) days and are performing the duties of an investigator shall be entitled to receive Investigator Pay. 
  4. Notwithstanding any other provision in this Agreement, the provisions of this section shall be grievable up to Level III of the grievance procedure. 
  5. The payments made pursuant to this provision will not be considered compensation for retirement purposes.

22. Motorcycle Pay

  1. Commencing the first day of the pay period following the ratification by both parties, an employee identified as a motorcycle rider in Category I or II who is assigned to motorcycle enforcement duty or to motorcycle instruction duty shall receive additional compensation of five percent (5%) of their base salary per month in accordance with the provisions enumerated in HPM 10.3, Personnel Transactions Manual, Chapter 32.
  2. The payments made pursuant to this provision will continue to be considered compensation for retirement purposes.
  3. Notwithstanding any other provision in this Agreement, this provision is subject to the Grievance Procedure section, but not the Arbitration Procedure section of this Agreement.

23. Paramedic Pay

  1. Commencing the first day of the pay period following the ratification by both parties, employees who maintain their paramedic rating/certification shall receive two hundred dollars ($200) per month. Employees who maintain their paramedic rating that are not required to do so by the Department shall be responsible for any associated cost with maintaining their certification.
  2. Notwithstanding any other provision in this Agreement, this provision is subject to the Grievance Procedure section, but not the Arbitration Procedure section of this Agreement.
  3. The payments made pursuant to this provision will not be considered compensation for retirement purposes.

24. Night Shift Pay

  1. Employees shall receive night shift pay as set forth below:
    1. Night shift pay is earned on a day-by-day basis. Employees must work a qualifying shift, or be on a paid leave of absence when scheduled to work a qualifying shift, to receive compensation.
    2. Employees shall qualify for a swing shift pay differential of one dollar ($1.00) per hour when four or more hours of the regularly scheduled work shift fall between 1800 and 0100 hours.
    3. Employees shall qualify for a graveyard shift differential of one dollar and fifty cents ($1.50) per hour when four or more hours of the regularly scheduled work shift fall between 2300 and 0600 hours.
    4. A “regularly scheduled shift” is the regularly assigned work hours established by the Commissioner or their designee for the duration of at least one monthly period.
  2. The payments made pursuant to this provision will continue to be considered compensation for retirement purposes.

25. Office in Charge (OIC) Pay

  1. Management shall establish the selection and training criteria for the implementation of this program.
  2. Commencing the first day of the pay period following the ratification by both parties, employees who are assigned to perform the duties of an OIC for six (6) hours or more during a shift shall receive a differential of seven percent (7%) of the daily rate of base pay for every day in which the employee meets the requirements set forth in this paragraph. If an OIC is needed for an entire shift, management shall not split the assignment of OIC duties simply for the purposes of avoiding payment of OIC pay.
  3. When assigned as an acting sergeant, an officer will receive OIC Pay.
  4. The daily rate of pay shall be calculated by taking the base pay of the employee, divide it by 21.667 (average work days per month) and multiply it by seven percent (7%).
  5. Notwithstanding any other provisions in this Agreement, this provision is subject to the Grievance Procedure section, but not the Arbitration Procedure section of this Agreement.
  6. Any employee who desires not to be considered as an OIC may submit a memorandum to their commander expressing their desire. Management will honor the employee’s request not to perform OIC duties until such time the memorandum is withdrawn.
  7. The payments made pursuant to this provision will continue to be considered compensation for retirement purposes.

26. Physical Performance Program (PPP) Incentive Pay

  1. Employees who meet the established requirements for passage of the work tasks described in HPM 70.9, Physical Performance Program Manual, shall be compensated as follows:
    1. Employees with sixty (60) or more months of service as a CHP Officer shall receive one hundred and thirty dollars ($130) per month.
    2. Employees with fewer than sixty (60) months of service as a CHP Officer shall receive sixty-five dollars ($65) per month.
  2. The payments made pursuant to this provision will be considered compensation for retirement purposes.

27. Senior CHP Officer Pay

  1. Effective July 1, 2024, employees shall be eligible to receive the additional monthly differential listed below:

    eighteen (18) years as a CHP Officer – two percent (2%) of base salary

    nineteen (19) years as a CHP Officer – three percent (3%) of base salary

    twenty (20) years as a CHP Officer – four percent (4%) of base salary

    twenty-one (21) years as a CHP Officer – five percent (5%) of base salary

    twenty-two (22) years as a CHP Officer – six percent (6%) of base salary

    twenty-five (25) years as a CHP Officer – eight percent (8%) of base salary

    twenty-seven (27) years as a CHP Officer – ten percent (10%) of base salary

    twenty-eight (28) years as a CHP Officer – twelve percent (12%) of base salary
  2. The payments made pursuant to this provision will continue to be considered compensation for retirement purposes.

    The above are non-cumulative, i.e., an employee who has been a CHP Officer for twenty (20) years is eligible to receive only an additional four percent (4%) above base salary, not the cumulative total of eighteen (18), nineteen (19), and twenty (20) years of service.

28. Business Calls

  1. An employee who is required by their supervisor or designee to conduct business telephone calls outside their work hours of less than thirty (30) minutes duration shall receive ten dollars ($10) compensation. In no event will an employee receive the benefit of this provision more than once in their workday. Any employee who performs telephone work for thirty (30) minutes or more will be compensated in accordance with the overtime provisions contained in the employee's work week group. This section does not apply when the business call results in call back, short notice cancellation or offers of overtime. For the purposes of this section, text messaging, email and other forms of electronic communication are not considered business calls and shall not be used as a means of communication with employees during off duty hours when a response is required. Pay for business calls will not be considered compensation for use in computing retirement allowance.
  2. The payments made pursuant to this provision will not be considered compensation for retirement purposes.

29. Hours of Work and Overtime

  1. Workday. The workday for employees shall commence at the start of the employees' shift and end twenty-four (24) hours later. When an employee's shift assignment is changed, the employee's new workday will be established on the day commencing with the new shift, and shall run for a period of twenty-four (24) hours.
  2. Work Period.
    1. Pursuant to the Fair Labor Standards Act (FLSA), a work period is a regular and recurring twenty-eight (28) consecutive-day period for CHP Officers used for scheduling and the computation of overtime. It begins at each employee's shift start time and ends twenty-eight (28) consecutive twenty-four (24) hour periods later.
  3. Authorized Overtime. Overtime is authorized time worked in excess of the employee’s schedule workday or ordered to work on scheduled days off except as noted below. All employees are assigned to Work Week Group (WWG) 2 and are eligible for overtime compensation as follows:
    1. WWG 2: CHP Officers whose total work hours exceed one hundred and seventy-one (171) hours in a twenty-eight (28) day work period.
    2. For the purpose of computing the number of hours worked, time when an employee is excused from work because of holidays, sick leave, vacation, annual leave, personal leave, or compensating time off (CTO), shall be considered as time worked by the employee.
  4. Method of Compensation. Pursuant to the FLSA, employees have the right to receive cash compensation for overtime. However, an employee may request CTO in lieu of paid overtime. The employee’s commander shall either approve or deny the request for CTO. In the event an employee is denied CTO by the commander, the employee will receive cash compensation for the overtime. Employees who request and are granted CTO may not elect to be paid at a later date. For the purposes of this section, the overtime period will be the same as the FLSA work period. It shall be the intent of this provision that overtime compensation shall be made within fourteen (14) calendar days of the close of the FLSA work period in which it was earned.
  5. Overtime Rate. The paid overtime rate is one and one-half times the hourly equivalent of the employee’s total monthly compensation, including specialty pay. The CTO rate is earned at one (1) and one-half (1/2) hours for every hour worked. Overtime is credited in quarter-hour increments with a full quarter (1/4) hour credited if half (1/2) or more of the period is worked.
  6. Compensating Time Off.
    1. The only instances in which CTO is required for employees are under the following circumstances:
      1. When in travel status not connected with enforcement duties, such as travel to or from the Academy or other school for the purpose of training.
    2. Employees' CTO balances shall not exceed four hundred and eighty (480) hours. Once an employee’s CTO balance reaches four hundred and eighty (480) hours, the Department retains the authority to mandate a reduction by ordering time off. When CTO time off is ordered, the employee shall be provided reasonable advance notice (at least twenty-four (24) hours) and not be ordered to take such time off in less than shift increments.
    3. An employee’s balance shall not be reduced by more than twenty-four (24) hours per month or more than what is necessary to keep the employees’ balance below four hundred and eighty (480) hours. An employee will be allowed to reach and maintain the cap of four hundred and eighty (480) hours prior to retirement upon notification to the Department of their intent to retire from State service.
    4. When an employee requests to utilize CTO, it may be used only in units of one-quarter (1/4) hour or multiples thereof.
    5. The time when CTO may be taken shall be at the discretion of the employee's commander.
  7. Daylight-Saving/Standard Time Change. No charge for time off is made for the one hour not worked by employees when Standard Time changes to Daylight-Saving Time. Overtime is credited for the additional hour worked by employees when Daylight-Saving Time reverts to Standard Time.
  8. Call-Back Time. An employee who has completed a normal work shift or is on an authorized day off, when ordered back to work, shall be credited with a minimum of four (4) hours work time, provided the call back to work is without having been notified prior to completion of the work shift, or the notification is prior to completion of the work shift and the work begins more than three (3) hours after the completion of the work shift. When an additional trip to the work location is required, the employee will be compensated, up to a maximum of one-and-one-half (1-1/2) hours each way, for travel time. An employee shall not be subject to this limit when they are required to attend court in an Area other than where they are currently assigned. Prescheduled voluntary overtime is not considered call back and, therefore, is not subject to travel time compensation.
    1. If an employee works without interruption beyond their normal shift, they do not gain four hours call-back time; regular overtime provisions apply.
    2. If overtime continues beyond the four (4) hour call-back time the additional time shall be credited in units of one-quarter (1/4) hour.
    3. If a second call back extends beyond four (4) hours from the beginning of the first call back, regular overtime is credited in one-quarter (1/4) hour increments until completion of the second call back.
    4. When an employee is called back within four (4) hours of the beginning of a previous call or an additional call is received while still working on an earlier call back, the employee shall not receive an additional four (4) hours credit.
    5. If an employee is called back to work, completes the call-back situation, and returns to their home only to be called out again more than four (4) hours after receiving the first call, they are entitled to an additional four (4) hours of call-back time.
    6. When an employee is called back within four (4) hours of the beginning of the employee's next shift, call-back credit shall be received only for the hours remaining before the beginning of the employee's next shift.
    7. Call back due to court appearances shall be limited to one four-hour call-back period. If an employee is scheduled for two (2) court appearances in one (1) day, call- back time shall be credited from the beginning of the first appearance through the completion of the second; except that when the second appearance is more than six (6) hours from the end of the first appearance, a minimum of four (4) hours credit for each appearance shall be given. A lunch period of one-half (1/2) hour shall be charged when a court appearance extends beyond the noon recess (applies to one court case, not multiple).
    8. When there are three (3) hours or less between the end of the shift and the time an employee must leave from the office for a court appearance, an employee shall receive overtime for the intervening period. The employee is entitled to and shall receive the overtime whether or not they work during the interval. Department policy provides that the employee may be scheduled to work during this period. If the employee is not scheduled to work and they choose to leave the work site, time for travel and appearance will still be computed based upon departure from the office. One-half (1/2) hour for breakfast will be allowed without being charged.
    9. When the location of a specific Area or Division office is changed, the Commissioner or their designee will meet with the CAHP upon request to confer over the impact of the move on travel time limitations of this provision.
  9. Call Back from Leave of Absence for Court Appearance. An employee who is required to appear in court while on leave of absence without pay or suspension does not receive salary payment for the court appearance and does not accumulate call-back time or overtime for such appearance.
  10. Call Back in Same Workday as Leave Credit Used. An employee who is called back to work during their regular shift hours on a day they are officially on leave credit (sick leave, vacation/annual leave, or CTO) shall be credited with a minimum of four (4) hours work time.
  11. Call Back from Vacation
    1. Employees shall not normally be called back to work from a scheduled vacation. In the event an employee is required to appear in court during a scheduled vacation and the court appearance is outside the employee’s normally scheduled shift, the employee shall be compensated in accordance with the call back provisions of this section.
    2. The Department and the CAHP are mutually concerned about the possible inconvenience to an employee who is required to appear in court during a scheduled paid vacation. The Department will work with commanders to ensure reasonable efforts are made to minimize those instances wherein an employee is required to appear in court while on a scheduled vacation.
  12. Call Back from Injury Status. An employee should not normally be called back to duty while on injury status. If circumstances require their return to duty, regular time will be credited.
  13. Court Appearance. Work schedules shall not be adjusted to accommodate an employee’s court appearance on either a criminal or a civil matter simply to minimize overtime earnings. However, in a situation where an employee will be too fatigued following a court appearance to work their scheduled shift, a supervisor may determine a change of schedule is appropriate in this type of situation to protect the employee from the possible consequences of being overly fatigued and to protect the Department from suit or criticism for violating "on-duty" hours standards applied to others.
  14. Court Appearance While on Active Military Duty. An employee who appears in court while on military leave, including routine annual leave of thirty (30) calendar days or less, is not entitled to call back time or overtime for such appearance. Regular salary payment is made only to the extent that the employee is eligible for payment for the first thirty (30) calendar days of active duty.
  15. Telephonic Subpoenas. When an employee has completed a normal shift, or is on an authorized day off and is required to testify telephonically in response to a subpoena issued by the Department of Motor Vehicles, they shall be credited with two (2) hours of overtime unless the employee elects to respond in person to the assigned work location, in which case the employee shall be compensated in accordance with the call-back provisions of this Agreement. If an employee expends more than two (2) hours in preparation and telephonic testimony, the employee shall receive overtime for the actual time worked.
  16. Court Appearance Via Video or Telephone. If an officer is subpoenaed to appear for court via telephone or video, they shall be compensated in accordance with the Court Appearance and Call-Back Time provisions of this agreement. Areas may require employees to respond to the office to utilize the dedicated phone lines, etc., they have in place to accommodate telephone and video conferences with the court. If an Area allows an officer to conduct their court appearance from home, the officer shall be compensated in the same manner. An Area, however, cannot require an officer to utilize their personal phone or computer for the video or telephonic subpoena. An Area is not obligated to provide an employee with the requisite equipment should the employee be allowed to conduct their court appearance from home.
  17. Alternate Work Week (AWW) Program. The use of an AWW program shall be predicated upon an Area’s ability to provide essential services to the public, the availability of Area resources, and the ability to ensure the mission of the Department is met. The twelve-and-one-half (12-1/2) hour AWW program will be available for those assigned to road patrol, Commercial Vehicle Enforcement Facilities, Emergency Notification and Tactical Alert Center (ENTAC), communications centers with non-patrol responsibilities, and the Academy’s Recruit Training Office.

    Implementation:

    The Department may establish, as determined appropriate, a 9/80, 4/10, 3/12, or a hybrid AWW.

    If an employee requests to participate in an AWW program, the request shall reflect the majority of affected employees. If an AWW program is approved for road patrol officers in an Area, all road patrol officers shall participate in the AWW program.

    Prior to the implementation of any AWW program, the Department shall meet and confer with the CAHP regarding the impact of the changes to an AWW program. A meet and confer between the Area Commander and the chosen CAHP Representative shall occur to address Area-specific concerns. The Division Commander shall review and approve or deny the proposed AWW program prior to implementation. If a meet and confer is requested, the Division Commander will render their decision, in writing, if feasible, within thirty (30) days of the meet and confer.

    If the District Director is not in agreement with the Division Commander’s determination, they may request a meet and confer between the CAHP and the Office of the Commissioner, or their designee regarding the impact of the decision of the Division Commander. If a meet and confer is requested, the Office of the Commissioner, or their designee will render their decision, in writing, if feasible, within forty-five (45) days of the meet and confer.

    Termination:

    When the Department determines an AWW program will be terminated, a meet and confer with the chosen CAHP Representative will occur regarding the impact of the termination of an AWW program. The Department will endeavor to provide a sixty (60) day notice to the affected employees. As a result of unanticipated operational need, the Department may temporarily suspend the AWW program. The Department shall provide reasonable notice to the affected employees. When the Department determines the operational need has concluded, the original AWW program shall resume.

    Resident Post:

    Resident Post Assignments will normally be scheduled for a ten-and-one-half (10-1/2) hour shift. When an operational need requires a different schedule other than a ten-and-one-half (10-1/2) hour shift, the parties shall use the meet and confer process to discuss the impact of the schedule change.

    The Alternate Work Week Program provision shall not be subject to the grievance, arbitration and complaint procedures of this contract.
  18. The California State Payroll System Project. The parties agree, upon notice by the state, to reopen only pertinent MOU sections needed to implement changes required by the California State Payroll System Project.

30. Voluntary Overtime

The employer shall make reasonable efforts to offer special program overtime on an equitable basis taking into consideration employee skills, abilities and past performance for the given assignment. Voluntary overtime shall be offered on a continual rotational basis utilizing the most senior available employee. The employee who is available and refuses the assignment, once offered the overtime, shall not be considered until their position arises again on the availability list. Employees with a documented pattern of poor performance in programs with the same enforcement emphasis within twelve (12) months of the overtime program shall not be considered for these voluntary assignments.

Notwithstanding the above, this provision will not prohibit the Commander or their designee from requiring an employee to work these assignments. The Area Commander and the Area Representative shall establish any overtime assignment system that meets the intent of this provision provided it is equitable.

31. Reimbursement Services Contract Overtime Short Notice Cancellation

  1. The Department and the CAHP are mutually concerned about the possible inconvenience to employees when a reimbursable services contract is canceled on short notice.
    1. An employee shall receive compensation for a minimum of four (4) hours at a rate of one-and-one-half (1 1/2) times of the employee’s base monthly salary whenever a reimbursable services contract is entered into requiring the services of the employee and the employee responds to the office or is responding from the office to the work location. Compensating time off shall not be authorized for reimbursable services overtime short notice cancellation that results in this minimum compensation.
    2. A twenty-four (24) hour minimum cancellation notification will be required prior to each scheduled work detail of a reimbursable services contract between 0800 and 1700 hours, Monday through Friday, excluding legal holidays. When the hiring company/agency makes a cancellation notification to the Department less than twenty-four (24) hours prior to the scheduled work detail, a short notice reimbursable contract cancellation fee of one hundred and fifty dollars ($150) will be charged for each employee assigned provided the employee can reasonably be notified of the cancellation.
    3. Commanders or their designee shall notify employees of cancellations or postponements of scheduled reimbursable services details. Employees who have been unavailable for a cancellation notification shall contact their office within twenty-four (24) hours of the scheduled work detail between 0800 and 1700 hours, Monday through Friday, excluding legal holidays. (Weekend details require notification on the Friday before between 0800 and 1700 hours.) Collect telephone calls will be accepted for this purpose.
    4. The payments made pursuant to this provision will not be considered compensation for retirement purposes.

32. Short Notice Court Cancellation

  1. The Department and the CAHP are mutually concerned about the possible inconvenience to employees when a court appearance is canceled on short notice.
    1. Commanders or their designee shall notify employees of cancellations or postponements of scheduled court appearances. A twenty-four (24) hour minimum cancellation notification will be required prior to each scheduled court appearance between 0800 and 1700 hours, Monday through Friday, excluding legal holidays. When an employee is notified or learns that the court appearance has been canceled less than twenty-four (24) hours prior to the scheduled appearance, fifty dollars ($50) shall be paid. An employee is not eligible for the fifty dollars ($50) if the cancelled appearance was scheduled to take place during his/her assigned work shift and the employee would not have been eligible for call back compensation or straight through compensation for the appearance.
    2. In no event shall an employee earn more than one (1) fifty dollar ($50) short notice court cancellation fee in the same day except when the beginning of the second call back would have been more than six (6) hours from the completion of the first call back period.
    3. In the event an officer is scheduled for two (2) court appearances in the same day and one (1) of the two (2) appearances is canceled on short notice, the officer shall not earn court call back for the appearance and a fifty dollar ($50) short notice court cancellation fee for the canceled appearance unless the beginning of the second call back was or would have been more than six (6) hours from the completion of the first call back period.
    4. Employees who have been unavailable for a cancellation notification shall contact their office within twenty-four (24) hours of the scheduled work detail between 0800 and 1700 hours, Monday through Friday, excluding legal holidays. Collect telephone calls will be accepted for this purpose. If the employee has been unavailable and reports to the office, court or hearing room in response to a subpoena, or other official process, without having learned of the cancellations or postponement, and he/she has not confirmed the appearance as required, no compensation will be paid.
    5. Employees who have been available are encouraged to attempt to determine the status of their appearance on the day scheduled for the trial or hearing.
    6. Court cancellation pay will not be considered compensation for use in computing retirement allowance.
    7. The payments made pursuant to this provision will not be considered compensation for retirement purposes.

33. Standby Pay

  1. When the employer requires that an employee must be available for work, and be able to report for work, in less than one-and-one-half (1 1/2) hours, the employee shall be compensated at the rate of one (1) hour's pay (paid or CTO) for each four (4) hour shift or fraction thereof. Employees may only accrue five (5) hours pay (paid or CTO) for each twenty-four (24) hour period of standby.
    1. Employees who are unable to report to work or cannot be located shall forfeit standby pay and may be subject to disciplinary action.
    2. An employee who is actually called in to work while on standby shall be compensated in accordance with the call back provisions of Section 29 H of this Agreement.
    3. Compensation earned as a result of standby shall not be considered time worked for purposes of qualifying for overtime.
    4. The employer agrees to notify the employees as soon as practicable when the need for standby is terminated.
  2. Nothing in this section shall prohibit the employer from contacting employees and requiring them to respond when the employee was neither “on-call” nor in a standby capacity if an operational necessity exists.

34. Payroll Errors

  1. Payroll errors will be handled in accordance with Government Code Section 19838.
  2. If the employee believes an overpayment did not occur, or that the repayment schedule is not equitable, the employee may appeal to the next higher level of review in the Department within fourteen (14) days of the notice of overpayment. Thereafter, a grievance may be filed directly at Level IV of the grievance procedure. No action shall be taken to establish an "accounts receivable" until after the Department has responded to the grievance at its level of review.
  3. By mutual agreement, the overpayment may be satisfied by use of leave credits, excluding sick leave.

35. Pre and Post Shift Work Activities Outside Regularly Scheduled Shifts

The State agrees to provide and the CAHP agrees to accept a three and one-half percent (3.5%) salary stipend as full compensation for any and all pre and post shift work activities that may be occurring and may be compensable under the FLSA. These activities include, but are not limited to, the donning and doffing of safety equipment such as protective vests, the inspection and maintenance of Personal Protection Equipment (PPE) and Emergency Medical Technician (EMT) kits, the maintenance and/or inspection of weapons, and safety inspections of Officers’ assigned emergency vehicles.

36. Resident Post Incentive Pay

  1. Commencing the first day of the pay period following ratification by both parties, an employee assigned full time to a Resident Post assignment shall receive an additional compensation of six hundred dollars ($600) per month.
  2. The payments made pursuant to this provision will be considered compensation for retirement purposes.
  3. Notwithstanding any other provision in this Agreement, this provision is subject to the Grievance Procedure section, but not the Arbitration Procedure section of this Agreement.

37. Drug Recognition Evaluators (DRE) Certification Pay

  1. Commencing the first day of the pay period following ratification by both parties and for the term of this agreement, employees who have maintained their certification as a DRE, or become a certified DRE by completing the necessary training and requirements as established in Highway Patrol Manual 70.4, Driving Under the influence Enforcement Manual, Chapter 11, Drug Recognition Evaluator Program, shall receive a one thousand and five hundred dollars ($1,500) one-time DRE certification payment. This one-time payment will be paid to the employee within thirty (30) days upon verification of certification.
  2. The payments made pursuant to this provision will not be considered compensation for retirement purposes.
  3. Notwithstanding any other provision in this Agreement, this provision is subject to the Grievance Procedure section, but not the Arbitration Procedure section of this Agreement.

38. Detective Incentive Pay

  1. Commencing the first day of the pay period following ratification by both parties and for the term of this agreement, an employee who meets the necessary training requirements as outlined in Highway Patrol Manual 100.72, Departmental Detective Program Manual, and is assigned as a full time Detective shall receive an additional compensation of five hundred dollars ($500) per month.
  2. The payments made pursuant to this provision will not be considered compensation for retirement purposes.
  3. Notwithstanding any other provision in this Agreement, this provision is subject to the Grievance Procedure section, but not the Arbitration Procedure section of this agreement.

ARTICLE VII - RETIREMENT BENEFITS AND OTHER POST EMPLOYMENT BENEFITS

39. Retirement Benefits

Retirement benefit formulas and contribution rates for State employees are specified in the Government Code as summarized below. No provision of this article shall be deemed grievable or arbitrable under the grievance and arbitration procedure, except any claim of clerical error concerning an employee’s retirement benefit shall be grievable up to CalHR’s level.
  1. Patrol Member Tier A Retirement Formula (3% at age 50), Patrol Member Tier B Retirement Formula (3% at age 55), and Public Employees’ Pension Reform Act (PEPRA) Retirement Formula (2.7% at age 57).
    1. Patrol members first employed by the State prior to October 31, 2010, are subject to the Patrol Member Tier A Retirement Formula.
    2. Patrol Members first employed by the State on and after October 31, 2010, and prior to January 1, 2013, and qualify for membership are subject to the Patrol Member Tier B Retirement Formula, as provided in Government Code Section 21363.1. The Patrol Member Tier B Retirement Formula does not apply to:

      a. Former state employees who return to state employment on or after October 31, 2010.

      b. State employees hired prior to October 31, 2010, who were subject to the Alternate Retirement Program (ARP).

      c. State employees hired prior to October 31, 2010, who become subject to representation by State Bargaining Unit 5 on or after October 31, 2010.

      d. State employees on approved leave of absence who return to active employment on or after October 31, 2010.

      e. Persons who are already members or annuitants of the California Public Employees Retirement System as a state employee prior to October 31, 2010.

      f. Members of Cadet Training Class (CTC)-III-10 and CTC-IV-10, as designated by CHP.
      Patrol members subject to the above categories are subject to the Patrol Member Tier A Retirement Formula as provided in Government Code Section 21362.2.
    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 laws.
    4. The table below lists the factors for Patrol Member Tier A, Patrol Member Tier B, and PEPRA Retirement Formulas.

      Age at Retirement Patrol Member Tier A Formula
      (3% at age 50)
      GC 21362.2

      Employees first hired prior to October 31, 2010  
      Patrol Member Tier B Formula
      (3% at age 55)
      GC 21363.1(j)

      Employees first hired on and after October 31, 2010, and prior to January 1, 2013
      PEPRA Formula
      (2.7% at age 57)
      GC 7522.25(d)

      Employees eligible for CalPERS membership for the first time on and after January 1,2013
      50 3.00 2.400 2.000
      51 3.00 2.520 2.100
      52 3.00 2.640 2.200
      53 3.00 2.760 2.300
      54 3.00 2.880 2.400
      55 3.00 3.000 2.500
      56 3.00 3.000 2.600
      57 and over 3.00 3.000 2.700
  2. Retirement Cap

    The State and the CAHP agree that the limitation on service retirement benefits shall be ninety percent (90%) of final compensation for patrol members who retire directly from state employment on or after January 1, 2000, as provided in Government Code Section 21362 and 21362.2. The Retirement Cap for PEPRA employees is governed by Government Code Section 7522.10.
  3. Employee Retirement Contribution
    1. Effective July 1, 2022, the Patrol Member normal rate of contribution is thirteen and one-half percent (13.5%) on monthly reportable income in excess of eight hundred and sixty-three dollars ($863).
    2. The employee contribution rates described in 39.C.1. of this section for Patrol Member Tier A, Patrol Member Tier B and PEPRA Retirement Formulas shall remain in effect up until the time that CalPERS has determined that (a) the total normal cost rate has increased or decreased by 1 percent, from the baseline established in the June 30, 2021 actuarial valuation for fiscal year 2022-23, and (b) fifty percent (50%) of that normal cost rate, rounded to the nearest quarter of one percent (1%), is greater or less than the employee contribution rate described in 39.C.1. of this section. On July 1 of the fiscal year after CalPERS determines (a) and (b) above have been met, the employee contribution rate for Patrol members shall be adjusted to fifty percent (50%) of the normal cost rate rounded to the nearest quarter (1/4) of one percent (1%). Each year thereafter, it shall only be adjusted if CalPERS determines the total normal cost rate increases or decreases by more than one percent (1%) of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. Furthermore, the increase or decrease to the employee contribution in any given fiscal year shall not exceed one percent (1%) per year. Employee contributions will continue to be a percentage of pensionable compensation in excess of eight hundred and sixty-three dollars ($863).
  4. Final Compensation
    1. The parties mutually agree to continue to calculate final compensation for Patrol Members consistent with the provisions of Government Code Section 20035.
    2. Pursuant to Government Code Section 20035, final compensation for an employee who is employed by the State for the first time and becomes a member of CalPERS prior to October 31, 2010, as well as exceptions noted in 39.A.2., is based on the highest average monthly pay rate during twelve (12) consecutive months of employment.
    3. Pursuant to Government Code section Section 20037.14, final compensation for an employee who is employed by the State for the first time and becomes a member of CalPERS on and after October 31, 2010, is based on the highest average annual pensionable compensation earned by the member during a period of thirty-six (36) consecutive months of employment.
  5. CHP Cadet Miscellaneous Tier A Retirement Formula (2% at age 55), Miscellaneous Tier B Retirement Formula (2% at age 60), and PEPRA Retirement Formula (2% at age 62).
    1. CHP Cadets first employed by the State prior to October 31, 2010, are subject to the Miscellaneous Tier A Retirement Formula.
    2. CHP Cadets first employed by the State on or after October 31, 2010, and prior to January 1, 2013, and qualify for membership are subject to the Miscellaneous Tier B Retirement Formula as provided in Government Code Section 21353. The Miscellaneous Tier B Retirement Formula does not apply to:
      1. Former state employees who return to state employment on or after October 31, 2010.
      2. State employees hired prior to October 31, 2010, who were subject to the Alternate Retirement Program (ARP).
      3. State employees hired prior to October 31, 2010, who become subject to representation by State Bargaining Unit 5 on or after October 31, 2010.
      4. State employees on approved leave of absence who return to active employment on or after October 31, 2010.
      5. Persons who are already members or annuitants of the California Public Employees Retirement System as a state employee prior to October 31, 2010.
      6. Members of Cadet Training Class (CTC)-III-10 and CTC-IV-10, as designated by CHP.

        CHP Cadets subject to the above categories are subject to the Miscellaneous Tier A Retirement Formula as provided in Government Code Section 21354.1.
    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 caps apply only to new CalPERS members subject to PEPRA as defined under PEPRA laws.
    4. The table below lists the age/benefit factors for Miscellaneous Tier A, Miscellaneous Tier B, and PEPRA Retirement Formulas:

      Age at Retirement Miscellaneous Tier A Formula
      (2% at age 55)
      GC 21354.1

      Employees hired prior to
      January 15, 2011
      Miscellaneous Tier Formula
      (2% at age 60)
      GC 21353

      Employees first hired on and after October 31, 2010, and prior to January 1, 2013
      PEPRA Formula
      (2% at age 62)
      GC 7522.20

      Employees eligible for CalPERS membership for the first time on or After January 1, 2013
      50 1.100 1.092 n/a
      51 1.280 1.156 n/a
      52 1.460 1.224 1.000
      53 1.640 1.296 1.100
      54 1.820 1.376 1.200
      55 2.000 1.460 1.300
      56 2.064 1.552 1.400
      57 2.126 1.650 1.500
      58 2.188 1.758 1.600
      59 2.250 1.874 1.700
      60 2.314 2.000 1.800
      61 2.376 2.134 1.900
      62 2.438 2.272 2.000
      63 2.500 2.418 2.100
      64 2.500 2.418 2.200
      65 2.500 2.418 2.300
      66 2.50 2.418 2.400
      67 2.500 2.418 2.500
    5. Employee Retirement Contribution
      1. Effective July 1, 2024, miscellaneous and industrial members in the Miscellaneous Tier A Retirement Formula or the Alternate Retirement Plan (ARP) subject to social security shall contribute eight and three-quarters percent (8.75%) of monthly compensation in excess of five hundred thirteen dollars ($513) for retirement.
      2. Miscellaneous and industrial members in Miscellaneous Tier A Retirement Formula or the ARP not subject to social security shall contribute nine and three-quarters percent (9.75%) of monthly compensation in excess of three hundred seventeen dollars ($317) for retirement.
      3. Effective the following pay period upon ratification of the MOU, the employee contribution described in 5.a. and 5.b. above for Miscellaneous Tier A, Miscellaneous Tier B, and PEPRA Retirement Formulas shall remain in effect up until the time that CalPERS has determined that (a) the total normal cost rate has increased or decreased by one percent (1%), from the baseline established in the June 30, 2021 actuarial valuation for fiscal year 2022-23, and (b) fifty percent (50%) of that normal cost rate, rounded to the nearest quarter (1/4) of one percent (1%), is greater or less than the employee contribution rate described in 5.a. and 5.b. above, respectively. On July 1 of the fiscal year after CalPERS determines (a) and (b) above have been met, the employee contribution rate for miscellaneous and industrial members shall be adjusted to fifty percent (50%) of the normal cost rate rounded to the nearest quarter (1/4) of one percent (1%). Each year thereafter, it shall only be adjusted if CalPERS determines the total normal cost rate increases or decreases by more than one percent (1%) of payroll above the total normal cost rate in effect at the time the employee contribution rate was last adjusted. Furthermore, the increase or decrease to the employee contribution in any given fiscal year shall not exceed one percent (1%) per year. Employee contributions will continue to be a percentage of pensionable compensation in excess of five hundred and thirteen dollars ($513) for retirement if subject to social security or in excess of three hundred and seventeen dollars ($317) for retirement if not subject to social security.
    6. Final Compensation
      1. Pursuant to Government Code Section 20035, final compensation for an employee who is employed by the State for the first time and becomes a member of CalPERS prior to October 30, 2010, is based on the highest average monthly pay rate during twelve (12) consecutive months of employment.
      2. Pursuant to Government Code Section 20037.14, final compensation for an employee who is employed by the State for the first time and becomes a member of CalPERS on and after October 31, 2010, is based on the highest average annual pensionable compensation earned by a member during a period of thirty-six (36) consecutive months of employment.
  6. Public Employees’ Pension Reform Act of 2013 (PEPRA)
    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 24 of the United States Code Section 430(b). The limit shall be adjusted annually based on changes to the Consumer Price Index for all Urban Consumers.
    2. 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 benefits 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.
  7. Defined Contribution Plans
    1. The State of California administers two (2) voluntary defined contribution plans under Sections 457(b) and 401(k) of the Internal Revenue Code. Employees in Bargaining Unit 5 are eligible to be included in these defined contribution plans.
    2. To the extent permitted by federal and state law, effective January 1, 2002, (or no later than four months following ratification of this agreement by both parties) employees who separate from state service who are otherwise eligible to cash out their vacation and/or annual leave, PLP, furlough, holiday, CTO and any other compensable leave credits may ask the State to tax defer and transfer a designated monthly amount from their cash payment into their existing 457(b) and/or 401(k) plan offered through the State's Savings Plus Program (SPP).
    3. If an employee does not have an existing 457(b) and/or 401(k) plan account, they must enroll in the SPP and become a participant in one or both plans prior to their date of separation.
    4. Such transfers are subject to and contingent upon all statutes, law, rules and regulations authorizing such transfers including those governing the amount of annual deferrals.
    5. Employees electing to make such a transfer shall bear full tax liability, if any, of the leave transferred that exceeds the annual limits (e.g., "over-defers").
    6. Implementation, continuation and administration of the defined contribution plans is expressly subject to and contingent upon compliance with the SPP's governing plan document (which may at the State's discretion be amended from time to time), and applicable federal and state laws, rules and regulations.
    7. Disputes arising under this section of the MOU shall not be subject to the grievance and arbitration provision of this agreement.

40. Supplemental Pension Funding

The State and Bargaining Unit 5 recognize the importance of maintaining the retirement benefits promised to employees and improving the current funded status of the Patrol Member Retirement plan. With the goal of paying down the unfunded liability associated with this retirement plan, maximizing savings in the long run, and improving the plan’s funded status, the State and Bargaining Unit 5 hereby agree to share in the responsibility toward maximizing efforts to improve the plan’s funded status. Furthermore, both parties agree that the foregoing provision is implemented as a funding policy and commitment intended to achieve these goals and begin offsetting the future financial liability for retirement benefits for Patrol members. Specifically, the funding policy established during the duration of this agreement requires both parties to make contributions in excess of the actuarially determined contributions specifically to the Patrol Member Retirement plan during the term of this agreement, as follows:
  1. Maintain Baseline Employer Contributions

    As it is a priority for both parties to increase the funded status of the Patrol Member Retirement plan rather than producing contribution savings, during the term of this agreement, the supplemental pension payments shall be applied in a manner that does not decrease the employer contribution. As part of the State’s commitment to Bargaining Unit 5 and the agreed upon funding policy, beginning in 2020-21, the State will work with CalPERS to determine the baseline contributions that would have been necessary if the supplemental payments had not been made to maximize the impact of this funding policy and accelerate the funded status of the plan. The State and Bargaining Unit 5 will reevaluate existing fiscal policy to determine the efficacy of maintaining commitments outlined in this agreement and to further the funding policy.
  2. Legislation

    The parties agree to support any legislation necessary to facilitate and implement the funding policy agreed to during the term of this agreement to address the funded status of the CHP plan.

41. Employer-Paid Employee Retirement Contributions

The State and the Union agree to continue the January 28, 1985, agreement regarding the Internal Revenue Service ruling permitting CalPERS contributions to be excluded from taxable salary for the duration of this contract. This includes an agreement that may be reached for the employer to pay employee retirement contributions.

In accordance with that Executive Order and with the Internal Revenue Service guidance under Revenue Ruling 2006-43, this formalizes the implementation of section 414(h)(2) with regard to employee contributions to CalPERS that are made by the employer on behalf of its employees. For this purpose, “employee contributions” means those contributions that are deducted from employees’ salary and credited to individual employees’ accounts under CalPERS. This Section specifically covers employee contributions made on behalf of employees covered by the collective bargaining agreement to which the Section relates.
  1. Pick-up of Employee Contributions

    In accordance with section 414(h)(2) of the Internal Revenue Code (IRC), the employer may “pick up” the employee contributions under the following terms and conditions:
    1. The contributions made by the employer to CalPERS, although designated as employee contributions, are being paid by the employer in lieu of contributions by the employees who are members of CalPERS.
    2. Employees do not have the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to CalPERS.
    3. The employer is paying to CalPERS the contribution designated as employee contributions from the same source of funds as used in paying salary; and
    4. The amount of the contributions designated as employee contributions and paid by the employer to CalPERS on behalf of an employee is the entire contribution required of the employee under CalPERS.
  2. Tax Characterization of Picked-Up Employee Contributions

    All employee contributions picked up by the employer in accordance with Section 414(h)(2) of the Internal Revenue Code are, for tax purposes, treated as employer contributions and therefore, are not includable in employees’ taxable income until distributed from CalPERS. This Section formalizes the employer’s continuing characterization of employee contributions as employer contributions under section 414(h)(2). Accordingly, employee contributions covered by this Article will continue to be excluded from employees’ taxable income under IRC section 414(h)(2).
  3. Wage Adjustment

    Notwithstanding anything to the contrary, employees’ salary will be reduced by the amount of employee contributions that are made by the Employer in accordance with the terms of this Section.
  4. Limitations to Operability

    This Section will be operative only as long as the employer pick-up of employee contributions continues to be excludable from employees’ taxable income under the Internal Revenue Code.
  5. No Arbitration

    The parties agree that nothing in this Section will be subject to the grievance and arbitration procedures set out in the collective bargaining agreement to which the Section applies.

42. Pre-Retirement Alternate Death Benefit

  1. Notwithstanding any other provision of this article requiring attainment of the minimum age for voluntary service retirement to the member in their last employment preceding death, upon the death of a state member on or after January 1, 1993, who is credited with twenty (20) years or more of state service, the surviving spouse, or eligible children if there is no surviving spouse, may receive a monthly allowance in lieu of the basic death benefit. The board shall notify the eligible survivor, as defined in Section 21546, of this alternate death benefit. The board shall calculate the monthly allowance that shall be payable as follows:
    1. To the member's surviving spouse, an amount equal to the amount the member would have received if the member had retired for service at minimum retirement age on the date of death and had elected optional settlement 2 and Section 21459.
    2. If the member made a specific beneficiary designation under Section 21490, the monthly allowance shall be based only on that portion of the amount the member would have received described in paragraph (1) that would have been derived from the nonmember spouse's community property interest in the member's contributions and service credit.
    3. If there is no surviving spouse or the spouse dies before all of the children of the deceased member attain the age of eighteen (18) years, to the surviving children, under the age of eighteen (18) years, collectively, an amount equal to one-half (1/2) of, and derived from the same source as, the unmodified allowance the member would have received if they 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 eighteen (18) years. As used in this paragraph, "surviving children" includes a posthumously born child or children of the member.
  2. This section shall only apply to members employed in state bargaining units 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, members who are excluded from the definition of 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.
  3. For purposes 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.
  4. For purposes of this section, "state service" includes service to the state for which the member, pursuant to Section 20281.5, did not receive credit.
  5. The State and Unit 5 agree to become subject to the terms of this statute retroactive to December 30, 2005.

43. Traumatic Disability Retirement Benefit

The State and the CAHP agree to implement a traumatic disability retirement benefit for employees under age fifty (50) as follows:
  1. Upon retirement of a patrol member for industrial disability as the result of a single event which results in serious bodily injury, the member shall receive the higher of the allowance provided by Section 21406, or, the disability allowance otherwise provided by this Section equal to three percent (3%) of their final compensation multiplied by the number of years of patrol service credited to them plus an annuity purchased with their accumulated additional contributions, if any. This section will not apply to a disability which manifests more than six (6) months after the effective date for the industrial disability retirement. This section does not entitle the member to an industrial disability retirement if the member would not otherwise be eligible for an industrial disability retirement.
  2. This section will apply only to serious physical injuries. This section shall not be applied to disabilities that are the result of:
    1. Cumulative trauma;
    2. Cumulative injuries such as heart conditions, stroke, stress, anxiety, or diabetes;
    3. Presumptive injuries or illnesses as defined in the Labor Code;
    4. Stress related disabilities; or
    5. Physical disability having mental origin.
  3. If a patrol member has other service credit as a state peace officer/firefighter member, state safety member, local safety member, State miscellaneous, State industrial or local miscellaneous member under this system, the cumulative benefit under this Section, including an annuity purchased with their accumulated contributions, shall not exceed ninety percent (90%) of final compensation.
  4. For purposes of this section, “serious bodily injury” includes the following:
    1. Total loss of sight in one or both eyes;
    2. Total loss of hearing in both ears;
    3. Amputation or total loss of function in a hand, arm, foot or leg;
    4. A spinal cord injury resulting in paralysis which causes the complete loss of function in a hand, arm, foot, or leg;
    5. Physical injury to the brain resulting in serious cognitive disorders or paralysis which causes the complete loss of function in a hand, arm, foot or leg;
    6. Injury to a major internal organ which substantially limits one or more “major life activities.” Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, breathing, learning, and performing substantial gainful employment;
    7. A serious physical injury which does not appear above but results in the inability to perform substantial gainful employment.
  5. This section shall only apply to patrol members 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, patrol members who are excluded from the definition of state employees in subdivision (c) of Section 3513, and patrol members employed by the executive branch of government who are not members of the civil service.
  6. In the event of a dispute regarding the applicability of this section, the board shall proceed with retirement under any other section that may apply and with the payment of any benefits that are payable under any other section when this section does not apply. If the board subsequently determines that this section applies, an amount equal to the benefits paid shall be deducted from the benefits payable under this section because of the determination.

44. Prefunding Of Other Post-Employment Benefits (OPEB)

The State and Bargaining Unit 5 hereby agree to share in the responsibility toward the prefunding of post-retirement health benefits for members of Bargaining Unit 5 and agree that the foregoing concepts will be implemented as a means to begin to offset the future financial liability for health benefits for retired members. As a result of prior agreements, the State and Bargaining Unit 5 members agreed to make prefunding contributions, which included redirecting contributions and forgoing compensation increases calculated pursuant to Government Code Section 19827 in exchange for increased OPEB contributions.
  1. Beginning July 1, 2020, with the goal of reaching a fifty percent (50%) cost sharing of actuarially determined normal costs, the amount of employee and employer contributions required to prefund retiree healthcare shall equal the following percentages of pensionable compensation, which takes into consideration prior statutory salary compensation redirections and matching employer contributions:

    After July 1, 2020, the contribution percentages shall be adjusted based on actuarially determined total normal costs. Adjustments to both the employer and employee contribution percentages will occur if the actuarially determined total normal costs increase or decrease by more than one half percent (1/2%) from the total normal cost contribution percentages in effect at the time. If it is determined that an adjustment to the contribution rate is necessary, commencing no sooner than July 1, 2021, and on July 1 each fiscal year thereafter, the employer and employee contribution percentages will be increased or decreased to maintain a fifty percent (50%) cost sharing of actuarially determined total normal costs. The statutory salary increases redirected to prefund OPEB paid for the by the employer shall count towards the employee contribution percentage when determining the fifty percent (50%) cost sharing of actuarially determined normal costs. Furthermore, the increase or decrease to the employer or employee contribution in any given fiscal year shall not exceed one half percent (1/2%) per year.
  2. Employees Subject to Other Post Employment Benefit (OPEB) Prefunding

    All bargaining unit members who are eligible for health benefits must contribute, including permanent intermittent employees. Bargaining unit members whose appointment tenure and/or time base make them ineligible for health benefits, such as seasonal, temporary, and employees whose time base is less than half-time do not contribute. Bargaining unit members not subject to OPEB prefunding shall begin contributing upon attaining eligibility for health benefits. New hires and employees transferring into Bargaining Unit 5 shall begin contributing immediately, unless they are not subject, as set forth above.
  3. 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. Employees with an appointment subject to OPEB prefunding and an additional appointment not subject to OPEB prefunding shall have contributions withheld only from the appointment subject to OPEB prefunding.
  4. Contributions will be deposited in the designated sub-account for Bargaining Unit 5 of the Annuitant’s Health Care Coverage Fund for the purpose of providing retiree health benefits to state annuitants and dependents associated with Bargaining Unit 5. As defined in Government Code Section 22940, a designated sub-account 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.”
  5. The costs for administering payroll deductions and asset management shall be deducted from the contributions and/or account balance.
  6. The parties agree to support any legislation necessary to facilitate and implement prefunding of retiree health care obligations.
  7. Contributions paid pursuant to this section shall be used exclusively for the cost of providing post-employment health care to eligible enrolled patrol member annuitants and their eligible enrolled dependents, beneficiaries and survivors.
  8. Contributions paid pursuant to this section shall not be refundable or recoverable under any circumstances to a patrol member or the patrol member's beneficiary or survivor.
  9. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

45. Post-Retirement Health and Dental Benefit Vesting

  1. Employees hired prior to January 1, 2020, follow the vesting schedule outlined and identified in Government Code Section 22874.
  2. The following vesting schedule outlined in Government Code Section 22874.9 shall apply to state employees in Bargaining Unit 5 first employed by the State on or after January 1, 2020.
  3. 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 service retirement.
  4. State employees as defined in a. above who become Bargaining Unit 5 employees on or after January 1, 2020, 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.
  5. 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 service retirement as shown in the following table:

    Health and Dental Benefits Vesting
    Credited Years of ServicePercentage of Employer Contribution
    15 50
    16 55
    17 60
    18 65
    19 70
    20 75
    21 80
    22 85
    23 90
    24 95
    25 100
  6. This section shall apply only to State employees who retire from service.
  7. Benefits provided an employee by this section shall be applicable to all future State service.
  8. 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.
  9. The parties agree to support any legislation necessary to facilitate post-retirement health and dental vesting, as identified in Government Code Sections 22874, 22958, or any other applicable section of the Government Code.

46. Employer Contribution for Retiree Health Benefits

  1. The employer contribution for each annuitant enrolled in a basic plan shall not exceed eighty percent (80%) 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 percent (80%) of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied.
    1. “Weighted average of the health 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, 2020.
  2. The employer contribution for an annuitant enrolled in a Medicare Supplemental Plan in accordance with Government Code Section 22844 shall not exceed eighty percent (80%) of the weighted average of the health benefit 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 percent (80%) of the weighted average of the additional premiums required for enrollment of those family members during the benefit year to which the formula is applied.
    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, 2020.
  3. State employees and annuitants of Bargaining Unit 5 hired on or after January 1, 2020, shall be ineligible to receive any portion of the employer’s contribution for annuitants toward 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, 2020, who return to state employment on or after January 1, 2020; and
    2. State employees on an approved leave of absence employed before January 1, 2020, who return to active employment on or after January 1, 2020.
  5. The parties agree to support any legislation necessary to facilitate and implement this provision.

ARTICLE VIII - HOLIDAYS

47. Holiday-in-Lieu

  1. Full-time employees shall be eligible to receive a total of one hundred and sixty-four (164) hours of holiday-in-lieu credit each calendar year. This holiday-in-lieu credit shall accrue as follows:
    1. On the first of each month except for the months of April and July, twelve (12) hours of leave credit shall be added to the monthly annual leave or vacation accrual rate earned by each full-time employee.
    2. On April 1, and July 1, twenty-two (22) hours of leave credit shall be added to the monthly annual leave or vacation accrual rate earned by each full-time employee.
  2. Employees assigned to administrative positions shall be required to expend holiday-in-lieu credits on the day that a holiday, set forth in Government Code Section 19853, occurs, unless directed to work the holiday. If not directed to work, employees would only be required to expend their regular work shift hours.
  3. The following represent official State holidays:
    1. January 1
    2. Third Monday in January
    3. Third Monday in February
    4. March 31
    5. Last Monday in May
    6. July 4
    7. First Monday in September
    8. November 11
    9. Thanksgiving Day
    10. Day after Thanksgiving
    11. December 25
  4. Employees shall request and may receive approval to use the holiday-in-lieu in accordance with the annual leave or vacation scheduling provision of this Agreement.

ARTICLE IX - LEAVES

48. Vacation Leave

  1. Employees shall not be entitled to vacation leave credit for the first six months of service. On the first day of the monthly pay period, following completion of six qualifying monthly pay periods of continuous service, all full-time employees covered by this section shall receive a one-time vacation bonus of forty-eight (48) hours of vacation credit. Part-time employees shall be allowed, on a pro-rata basis, the fractional part of the bonus vacation credit.

    Thereafter, for each additional qualifying monthly pay period, full-time employees shall be allowed credit for vacation with pay on the first day of the following monthly pay period as follows:

    7 months to 3 years 8 hours per month

    37 months to 10 years 11 hours per month

    121 months to 15 years 13 hours per month

    181 months to 20 years 14 hours per month

    241 months and over 15 hours per month
  2. 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.
  3. A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall earn vacation credits as set forth under A. above. Absences from state service resulting from a temporary or permanent separation for more than eleven (11) consecutive working days which fall between two (2) consecutive qualifying pay periods shall disqualify the second pay period.
  4. Part-Time Employees

    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:

    Time Base7 months to
    3 years
    37 months to
    10 years
    121 months 
    to 15 years
    181 months
    to 20 years
    241 months
    and over
    1/10 0.70 1.00 1.20 1.30 1.40
    1/8 0.88 1.25 1.50 1.63 1.75
    1/5 1.40 2.00 2.40 2.60 2.80
    1/4 1.75 2.50 3.00 3.25 3.50
    3/10 2.10 3.00 3.60 3.90 4.20
    3/8 2.63 3.75 4.50 4.88 5.25
    2/5 2.80 4.00 4.80 5.20 5.60
    1/2 3.50 5.00 6.00 6.50 7.00
    3/5 4.20 6.00 7.20 7.80 8.40
    5/8 4.38 6.25 7.35 8.13 8.75
    7/10 4.90 7.00 8.40 9.10 9.80
    3/4 5.25 7.50 9.00 9.75 10.50
    4/5 5.60 8.00 9.60 10.40 11.20
    7/8 6.13 8.75 10.50 11.38 12.25
    9/10 6.30 9.00 10.80 11.70 12.60
  5. If an employee does not use all of the vacation 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 nine hundred and twenty-four (924) hours. The Commissioner or their designee may permit an employee to carry over more than nine hundred and twenty-four (924) 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 to 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.
    Vacation Leave balance caps shall be extended in the event the Department is not able to reduce balances for operational reasons.

     Upon termination from state employment the employee shall be paid for accrued vacation credits.
  6. The time when vacation is to be taken shall be determined by the Department head or their designee. If on January 1 of each year an employee's vacation bank exceeds the vacation cap in e. above, the Department may order the employee to take vacation.
  7. Vacation requests must be submitted in accordance with Department policies on this subject. However, when two (2) or more employees in a work unit (as defined by each Department head or their 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 classification seniority (defined in HPM 10.3, Personnel Transactions Manual, Chapter 17).
  8. Each Department head or their designee will make every effort to act on vacation requests in a timely manner.

49. Sick Leave

  1. Qualification

    Any employee who has eleven (11) or more working days of service in a monthly pay period shall be considered to have a complete pay period of qualifying service for sick leave credits. In determining working days of service, the time during which an employee is absent because of holidays, sick leave, vacation or CTO, or any other paid leave shall be considered as time worked by the employee. Absences from State service resulting from a temporary or permanent separation for more than eleven (11) consecutive working days which fall into two (2) consecutive qualifying pay periods shall disqualify the second pay period.
  2. Accumulation

    On the first day of the pay period following completion of each qualifying pay period of service, an employee is credited with eight (8) hours of sick leave.

    There shall be no limit on the amount of sick leave credit an employee may accumulate. An employee shall continue to earn credits when absent on temporary disability or absent on short-term military leave if they have at least one (1) year of state service immediately prior to the active duty or a combination of continuous state service and military service equaling one year.
  3. Standards of Sick Leave Usage
    1. As used in this section, "Sick Leave" means the necessary absence from duty of an employee because of:
      1. Illness or injury including illness or injury relating to pregnancy;
      2. Exposure to contagious disease or virus which is determined by a physician to require absence from work;
      3. Dental, eye or other physical or medical examinations or treatments by a licensed practitioner;
      4. Absence from duty for 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 up to forty-eight (48) hours during any one (1) calendar year;
      5. Death of a person in the employee's immediate family is provided for in the bereavement policy herein;
      6. Pending disability retirement subject to the provisions of HPM 10.3, Personnel Transactions Manual, Chapter 21;
      7. Medical appointments or examinations for injuries or illnesses arising out of and in the course of duty, since such time is not eligible for benefits conferred by Labor Code section 4800.5 after an employee returns to work or deemed able to return to work.
  4. Sick Leave Usage
    1. The Commissioner or their designee may require the employee to provide verification of reason for sick leave usage from a physician or other person having knowledge of the condition. Verification may be required after the second consecutive day of sick leave usage.
    2. The Commissioner or their designee may require a doctor's certificate or other verification of illness for every sick leave absence, regardless of length, if it appears the employee is using sick leave improperly and discussions with the employee have shown no positive results.
    3. Sick leave may be used in increments of thirty (30) minutes.
  5. Retention After Reinstatement

    An employee who is eligible to receive sick leave credits at the time of separation and who returns to state service after a break in service of less than one (1) year or an absence caused by temporary separation as defined in HPM 10.3, Personnel Transactions Manual, Chapter 9, retains any sick leave credit accumulated prior to separation and shall commence earning sick leave credit on the first of the pay period following completion of one qualifying pay period of service.

50. Annual Leave

  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 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:

    1 month to 3 years: 12 hours per month

    37 months to 10 years: 15 hours per month

    121 months to 15 years: 17 hours per month

    181 months to 20 years: 18 hours per month

    241 months and over: 19 hours per month

    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.

    Part-time employees shall accrue proportional Annual Leave credits, in accordance with the chart shown below:

    TIMEHOURS OF MONTHLY CREDIT PER ANNUAL LEAVE GROUP
    BASE 12 15 17 18 19
    9/10 10.80 13.50 15.30 16.20 17.10
    7/10 8.40 10.50 11.90 12.60 13.30
    3/10 3.60 4.50 5.10 5.40 5.70
    1/10 1.20 1.50 1.70 1.80 1.90
    7/8 10.50 13.13 14.88 15.75 16.63
    3/4 9.00 11.25 12.75 13.50 14.25
    5/8 7.50 9.38 10.63 11.25 11.88
    1/2 6.00 7.50 8.50 9.00 9.50
    3/8 4.50 5.63 6.38 6.75 7.13
    1/4 3.00 3.75 4.25 4.50 4.75
    A PI employee will be eligible for annual leave credit with pay in accordance with the schedule in section B. above, on the first day of qualifying monthly pay period following completion of each period of one hundred sixty (160) hours of paid employment. The hours in excess of one hundred sixty (160) hours in a qualifying monthly pay period shall not be counted or accumulated. When it is determined that there is a lack of work, the Commissioner or their designee may:

    1. Pay the PI employee in a lump-sum payment for accumulated annual leave credits; or

    2. By mutual agreement, schedule the PI employee for annual leave; or

    3. Allow the PI employee to retain their annual leave credits; or

    4. Effect a combination of 1., 2., or 3., above.
    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 (2) 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 nine hundred twenty-four (924) hours. A departmental head or designee may permit an employee to carry over more than nine hundred twenty-four (924) 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 to 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.
    Annual Leave balance caps shall be extended in the event the Department is not able to reduce balances for operational reasons.
  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 Commissioner or their 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 requested must be submitted in accordance with Department policies on this subject. However, when two (2) or more employees on the same shift (if applicable) work in a unit (as defined by the Commissioner or their 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 classification seniority (defined in HPM 10.3, Chapter 17.).
  9. The Commissioner or their designee will make every effort to act on annual leave requests in a timely manner.
  10. Annual leave that is used for the purposes of sick leave is subject to the requirements set forth in Section 49, Sick Leave, of this Agreement.
  11. The enhanced non-industrial disability insurance in Section 66 of this Agreement applies only to those in the annual leave program described above in this section.
  12. 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 was received by the appointing power. Once enrolled in annual leave, an employee shall become entitled to an enhanced NDI benefit (fifty percent (50%) of gross salary).

51. Bereavement Leave

  1. The Commissioner or their designee shall authorize bereavement leave with pay for a permanent full-time or probationary full-time State employee due to the death of their 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, sister, brother, stepchild, 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 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 thirty (30) days of the first day of leave, provide documentation 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.
  2. The Commissioner or their 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, 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 member of a domestic partner as defined in paragraph a. above. Such bereavement leave shall be authorized for up to 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 thirty (30) days of the first day of leave, provide documentation 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 government agency to support the request.
  3. If the death of a person as described above requires the employee to travel over four hundred (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 leave. Should additional leave be necessary, the Commissioner or their designee may authorize the use of existing leave credits or authorized leave without pay.
  4. Employees may utilize their annual leave, vacation, CTO, or any other earned leave credits for additional time required in excess of time allowed in paragraph A. or B. above. Sick leave may be utilized for bereavement leave in accordance with the sick leave provisions of this Agreement.
  5. Fractional time base (part-time) employees will be eligible for bereavement leave on pro rata basis, based on the employees’ fractional time base.
  6. A Permanent Intermittent (PI) employee is entitled to bereavement leave on a pro rata basis for scheduled work days, calculated on the amount of time worked in the pay period.

    Hours Worked During Pay PeriodHours for Each Bereavement Day
    0 to 10.9 0
    11 to 30.9 1
    31 to 50.9 2
    51 to 70.9 3
    71 to 90.9 4
    91 to 110.9 5
    111 to 130.9 6
    131 to 150.9 7
    151 and over 8
  7. Permanent or probationary employees, and non-permanent employees who have been employed for at least thirty (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 unpaid bereavement leave may qualify with pay for specific occurrences outlined in Section A. and/or B. above. 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, CTO, or any other earned leave credits.
  8. The bereavement leave days outlined above in A., B., and G., do not need to be taken consecutively and must be completed within three (3) months of the date of death

52. Parental Leave

  1. The Commissioner or their designee shall grant a permanent employee, including a spouse or domestic partner, an unpaid leave of absence, upon request, for purposes of pregnancy, childbirth, recovery therefrom, or care for the newborn child for a period not to exceed one (1) year including any paid leave taken for said pregnancy, childbirth, recovery or care for the newborn child. The request must include the beginning and ending dates of the leave and must be requested no later than thirty (30) calendar days after the birth of the child. Any changes to the leave, once approved, are permissive and subject to the approval of the Commissioner or their designee.
  2. The Commissioner or their designee may grant a permanent employee's request for an unpaid leave of absence for the adoption of a child for a period not to exceed one (1) year, except the Department shall grant said one (1) year unpaid leave of absence when the adoption agency requires an adoptive parent not to work outside the home during the first year of adoption as a condition of adoption.
  3. During the period of time an employee is on parental leave, the employee shall be allowed to continue their health, dental and vision benefits. The cost of these benefits shall be paid by the employee and the rate the employee will pay will be the group rate.

53. Catastrophic Leave

  1. The Catastrophic Leave program allows employees who have exhausted their leave credits and must miss work due to a prolonged illness or injury (including that of an eligible family member) to request catastrophic leave. Employees must earn leave credits to be eligible for Catastrophic Leave. There is no minimum state service requirement for eligibility.
  2. Upon request of an employee, or an employee's immediate family member, and upon approval of the Commissioner or designee or employee designee, compensable leave credits (e.g. CTO, annual leave, vacation, personal leave, and/or holiday credit) may be transferred from one (1) or more employees to another employee, in accordance with Department policies, when the receiving employee faces financial hardship due to injury or the prolonged illness of the employee, employee's child, parent, spouse, domestic partner (as defined in accordance with Family Code Section 297), spouse's or domestic partner's parent, brother, sister, or other person residing in the immediate household.

    For purposes of administering catastrophic leave the following provisions shall apply:
    1. Sick leave credits cannot be transferred.
    2. The receiving employee must have exhausted all leave credits.
    3. The donations must be a minimum of one (1) hour and thereafter, in whole-hour increments and credited as vacation or annual leave when used.
    4. Donations are irrevocable; however, departments may make exceptions upon request if the donated leave has not yet been used. 
    5. Personal holidays must be transferred in one (1) day increments (Personal holiday donations shall be made into an hourly equivalent pursuant to the donating employee's time base).
    6. Donations of compensable leave (e.g., annual leave, personal leave, vacation, CTO, personal day, and holiday credits) may be accepted from employees in any state agency.
    7. The total leave credits received by the employee shall not normally exceed six (6) months; however, if approved by the Department, the total leave credits received may be twelve (12) months. 
    8. Employees' use of donated leave credits may not exceed a maximum of twelve (12) continuous months for any one (1) catastrophic leave.
    9. Donations shall be made on a form provided by the State, approved by the donating employee, and verified by the donating employee's department.
    10. Donated hours can only be used after the affected employee's leave credits have been exhausted.
    11. When donations are used, they will be processed based on date and time received (first in, first used).
    12. Unused donations shall be returned to the appropriate donor at the conclusion of Catastrophic Leave.
  3. Catastrophic Leave - Natural Disaster

    When an employee faces financial hardship due to the effect of a natural disaster on the employee's principal residence; has exhausted all vacation, annual leave, and CTO credits (does not include sick leave); and resides in one of the counties where a State of Emergency exists as declared by the Governor, the employee may request Catastrophic Leave. Upon approval of the Commissioner or their designee, leave credits may be transferred from one or more employees to another employee, in accordance with the Catastrophic Leave provisions listed above.
  4. Catastrophic Leave- Direct Financial Assistance

    When approved by the Commissioner, time donated by sworn members of the Department for use by other sworn members of the Department may be converted into direct financial assistance for the employee qualifying for catastrophic leave assistance. The time donated shall be at the salary rate the receiving employee is currently receiving. The maximum limits of financial assistance shall be determined by the Commissioner.

    This section is not subject to the grievance and arbitration sections of this Agreement.

54. Mentoring Leave

  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 Department 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 Department 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 (1) school year. (Most programs are aligned with the child’s normal school year; however, there may be some that are less or more. Department management may make exceptions to the one (1) school year commitment based on the mentor program that was selected).
  6. Any appeals and/or disputes regarding this section shall be handled in accordance with the complaint procedure specified in Section 11.

55. Personal Leave Program

The State shall continue a Voluntary Personal Leave Program (VPLP) for Unit 5 employees. Employees may voluntarily participate in the VPLP on a fiscal-year to fiscal-year basis with approval from the Department. The Department shall notify the CAHP prior to the beginning of each fiscal year when the VPLP will be approved for the upcoming fiscal year. Enough advance approval of notice shall be provided to allow time for employees to positively enroll in the VPLP in those fiscal years the program is authorized for enrollment.
  1. Each full-time employee shall be credited with eight (8) hours of VPLP on the first day of the following monthly pay period for each month in the VPLP.
  2. When an employee reaches two hundred forty (240) hours or would exceed two hundred forty (240) hours with further accumulation, they shall be removed from the VPLP. When an employee is removed from the VPLP, they may not participate for a minimum of twelve (12) months and they are not eligible to re-enroll until their balance is reduced to a maximum of one hundred twenty (120) hours.
  3. Each full-time employee participating in the VPLP shall continue to work their assigned work schedule and shall have a reduction in pay equal to 4.62%. In exchange, eight (8) hours of VPLP will be credited to the employee’s monthly. 
  4. VPLP shall be requested and used by the employee in the same manner as vacation or annual leave. Requests to use VPLP or Personal Leave Program (PLP) must be submitted in accordance with departmental policies on vacation and annual leave. VPLP and PLP leave shall not be included in the calculation of vacation/annual leave balances pursuant to Sections 48 (Vacation Leave) and 50 (Annual Leave).
  5. Except as provided in paragraph N., at the discretion of the State, all or a portion of unused VPLP credits may be cashed out at the employee’s salary rate at the time the VPLP payment is made. Upon termination from State employment, the employee shall be paid for unused VPLP credits in the same manner as vacation or annual leave. Cash out or lump sum payment for any VPLP or PLP credits shall not be considered as “compensation” for purposes of retirement. If funds become available, as determined by the Department of Finance, for the VPLP, the Department will offer employees the opportunity to cash out accrued VPLP. Upon retirement/separation, the cash value of the employees VPLP or PLP may be transferred into a State of California, sponsored Deferred Compensation Program as permitted by federal and state law.
  6. 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 VPLP or PLP.
  7. State employees in the VPLP or PLP shall be entitled to the same level of State employer contributions for health, vision, dental, flex-elect cash option, and enhanced survivor’s benefits they would have received had the VPLP or PLP not occurred.
  8. The VPLP or PLP shall not cause a break in State service, a reduction in the employee’s accumulation of service credit for the purposes of seniority and retirement, leave accumulation, or a merit salary adjustment.
  9. The VPLP or PLP shall neither affect the employee’s final compensation used in calculating State retirement benefits nor reduce the level of State death or disability benefits the employee would otherwise receive or be entitled to receive nor shall it affect the employee’s ability to supplement those benefits with paid leave.
  10. Part-time employees shall be subject to the same conditions as stated, above, on a prorated basis regardless of the number of hours in the pay period.
  11. The VPLP or PLP for intermittent employees shall be prorated based upon the number of hours worked in the monthly pay period.
  12. The VPLP or PLP shall be administered consistent with the existing payroll system and the policies and practices of the State Controller’s Office.
  13. Employees on EIDL, NDI, IDL, or Workers' Compensation for the entire monthly pay period shall be excluded from the VPLP for that month.
  14. Existing PLP banks from the 1992, 2003 and 2012, Personal Leave Program and VPLP shall be maintained until such time as the employer chooses to cash out personal leave for all employees or the employee separates from service.

56. Transfer of Leave Credits Between Family Members

Upon request of an employee and upon approval of the Commissioner or designee, leave credits (CTO, annual leave, personal leave, vacation, and/or holiday credit) may be transferred between family members (donations may be made by a child, parent, spouse, brother, sister or other person residing in the immediate household) in accordance with Department polices, under the following conditions:
  1. To care for the family member’s child, parent, spouse, brother, sister, or other person residing in the immediate household, who has a serious health condition, or a medical leave for the employee’s own serious health condition as defined by the Family Medical Leave Act (FMLA), or for a parental leave to care for a newborn or adopted child.
  2. The employee shall give notice to their immediate supervisor as soon as possible and shall, if requested by the supervisor, provide medical certification from a physician to support this request. The Commissioner or designee shall approve transfer of leave credits only after having ascertained that the leave is for an authorized reason. For family care leave for the employee’s child, parent, spouse, brother, sister, or other person residing in the immediate household, who has a serious health condition, this certification need not identify the serious health condition involved, but shall contain all of the following:
    1. The date, if known, on which the serious health condition commenced;
    2. The probable duration of the condition;
    3. An estimate of the amount of time that the health provider believes the employee needs to care for the child, parent, spouse, brother, sister, or other person residing in the immediate household;
    4. A statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, spouse, brother, sister, or other person residing in the immediate household.
  3. Sick leave credits cannot be transferred.
  4. The receiving employee has exhausted all leave credits.
  5. The donations must be a minimum of one (1) hour and in whole increments thereafter.
  6. The donating employee must maintain a minimum balance of eighty (80) hours of paid leave time.
  7. Transfer of leave credits shall be allowed to cross-departmental lines in accordance with the policies of the receiving department.
  8. The donated hours may not exceed three (3) months. However, if approved by the appointing authority, the total leave credits received may be six (6) months.
  9. Donations shall be made on a form to be developed by the State, signed by the donating employee, and verified by the donating department. Once transferred, donations will not be returned to the donor.
  10. This section is not subject to the grievance and arbitration article of this contract.

57. Recruitment Time Off Incentive

  1. Program Description
    1. The State agrees to maintain this program, addressing the Department’s efforts in recruitment. This program will be referred to as the California Highway Patrol Officer Recruitment Incentive Program (CHPORIP). The State agrees to provide employees a bonus of forty (40) hours of recruitment time off (RTO) to recruit a candidate who will succeed in a career as a California Highway Patrol Officer.
    2. The bonus will be processed as follows: the forty (40) hours will be placed into the employee’s RTO bank upon verification of the candidate’s successful graduation from the Academy.
      1. The RTO cannot be cashed out (even for those employees who retire or separate from the Department in any manner).
      2. The RTO would have to be used within one year of the date in which it was earned.
      3. If the RTO is not used within the allotted time frame, it will be forfeited. However, if it was determined the employee did not have a legitimate opportunity to use the RTO, the employee would get a one-year extension. The extension is to be approved by the Area/Division Commander or their designee with concurrence from the next level of command.
      4. The time when RTO shall be taken by the employee shall be determined by the Commissioner or their designee.
      5. RTO requests must be submitted in accordance with MOU provisions related to vacation or annual leave.
      6. Employees can earn a maximum of one hundred twenty (120) hours of RTO per year.
      7. Participants involved in the recruitment, testing, screening and/or selection of candidates for employment are not eligible.
      8. The contents of the California Highway Patrol Officer Recruitment Incentive Program are not subject to the grievance, arbitration and complaint procedures as articulated in Article V of this agreement. Any disputes shall be resolved through the IDR process.
      9. The Department will continually evaluate this program to determine its effectiveness and is subject to termination at the Department’s discretion.

58. Vacation/Annual Leave Cash Out

Employees may be permitted annually to cash out up to eighty (80) hours of accumulated Vacation/Annual Leave as follows:

On or before May 1 of each year, the Commissioner or designee, will advise departmental employees whether the Department has funds available for the purpose of cashing out accumulated Vacation/Annual Leave. If the Department has funds available, employees will be advised of the number of hours that may be cashed out, not to exceed eighty (80) hours. Employees who wish to cash out Vacation/Annual Leave must submit a written request during the month of May to the individual designated by the Commissioner. The Department will issue cash payments for cashed out Vacation/Annual Leave during the month of June.

59. Family Medical Leave Act

The federal Family Medical Leave Act (FMLA) of 1993 entitles an eligible employee to take a paid or unpaid, job-protected leave each year for specified family and medical reasons. FMLA also requires the employer to maintain the employee’s health, dental and vision coverage while an employee is on unpaid family care leave. The California Family Rights Act (CFRA) is a state law that also provides for unpaid leaves of absence for family reasons; however, under CFRA, leave is not provided for the employee’s own serious illness and the employer is not required to maintain the employee’s health care coverage while the employee is on unpaid family care leave. Where the two laws differ, the most generous/less restrictive leave provisions must be applied. It is the policy of the State to provide family and medical leave in compliance with FMLA and CFRA. It is also the policy of the State to ensure that employees are free from discrimination and harassment for exercising their rights under FMLA/CFRA. Refer to HPM 10.3, Personnel Transactions Manual, Chapter 8, Leaves of Absence, for a full description of employees rights under FMLA and CFRA.

Employees must use all available leave banks prior to receiving unpaid leave under this section.

This provision is not subject to the grievance and arbitration section of this Agreement.

ARTICLE X - HEALTH AND WELFARE

60. Health Benefits

  1. Contribution Amounts

    The State agrees to continue to pay the following contribution for health benefits pursuant to Government Code Section 22871.7. To be eligible for this contribution, an employee must positively enroll in a health plan administered or approved by CalPERS.

    The employer contribution for each employee shall be an amount equal to eighty-five percent (85%) 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 enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional eighty percent (80%) of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four (4) Basic health benefit plans that had the largest State enrollment, excluding family members, during the previous benefit year.
  2. Employee Eligibility
    1. For purposes of this section, “eligible employee” shall be defined by the Public Employees’ Medical and Hospital Care Act.
    2. Permanent Intermittent Employees
      1. Initial Eligibility. A permanent intermittent employee will be eligible to enroll in health benefits during each calendar year if the employee has been credited with a minimum of four hundred and eighty (480) paid hours in one of two control periods. For purposes of this section, the control periods are January 1 through June 30 and July 1 through December 31 of each calendar year. An eligible permanent intermittent employee must enroll in a health benefit plan within sixty (60) days from the end of the qualifying control period.
      2. Continuing Eligibility. To continue health benefits, a permanent intermittent employee must be credited with a minimum of four hundred and eighty (480) paid hours in a control period or nine hundred and sixty (960) paid hours in two consecutive control periods.
  3. Family Member Eligibility

    For purposes of this section, “eligible family member” shall be defined by the Public Employees’ Medical and Hospital Care Act.
  4. The parties agree to work cooperatively with CalPERS and the health plans to control premium increases.

61. Dental Benefits

  1. Contribution

    The State agrees to pay on behalf of eligible Unit 5 employees seventy-five percent (75 %) of the total premium of the State’s dental indemnity plan.
    1. CAHP and CalHR mutually agree that CAHP may, at its option, sponsor a prepaid or alternative plan in addition to an indemnity plan.
    2. Effective September 30, 1992, employees who are members of the CAHP are permitted to continue enrollment in the CAHP dental indemnity plan, prepaid, or alternative dental plan upon retirement. The CAHP Dental Trust may offer a one-time open enrollment period during which retired CAHP members may elect to convert into the CAHP dental indemnity, prepaid, or alternative dental plan. Once a retiree has elected to enroll in the CAHP dental indemnity, prepaid or alternative plan, that retiree shall not be permitted to transfer enrollment into any other dental plan which is not offered by the CAHP Dental Trust.
    3. The employee will pay any premium amount for the dental plan in excess of the State’s contribution. If the cost of the dental plan selected by the employee is less than the amount allowed under a. above, the remaining amount may be applied to the cost of the health plan selected by the employee. The remaining amount shall not be paid to the employee.
      1. The retired member moves to a rural area that Anthem does not cover; or
      2. A retired member has been enrolled in the CAHP Dental plan for at least five (5) years. However, this member cannot opt back into their initial plan.
  2. Employee Eligibility
    1. Employee eligibility for dental benefits will be the same as that prescribed for health benefits under Section 60, paragraph B.1. of this Agreement.
  3. Family Member Eligibility
    1. Family member eligibility for dental benefits will be the same as that prescribed for health benefits under Section 60, paragraph C. of this Agreement.
  4. Coverage During First 24 Months Of Employment

    Employees appointed into state service on or after January 1, 1992, and who meet the above eligibility criteria, will not be eligible for enrollment in the state sponsored fee-for-service plan until they have completed twenty-four (24) qualifying pay periods of state service or its equivalent as an employee. However, if no alternative plan or prepaid plan dentist is available within a fifty (50) mile radius of the employee’s residence, the employee who is a CAHP member will be allowed to enroll in the employee organization fee-for-service plan. The employee who is not a member of the CAHP will be allowed to enroll in the State sponsored indemnity plan.
  5. The State and the Union further agree that allocations between the health and dental employer contributions shall be at the discretion of the Union, with approval by CalHR.

62. Vision Benefits

  1. Program Description
    1. The employer agrees to provide at no cost to the employee a vision benefit to eligible employees and dependents. The vision benefit provided by the State shall have an employee co-payment of ten dollars ($10) for the comprehensive annual eye examination and twenty-five dollars ($25) for materials.
  2. Employee Eligibility

    Employee eligibility for vision benefits will be the same as that prescribed for health benefits under Section 60, paragraph B. 1. of this Agreement.
  3. Family Member Eligibility

    Family member eligibility for vision benefits will be the same as that prescribed for health benefits under Section 60, paragraph C. of this Agreement.
  4. Employees may elect to participate in the Premier Plan during an open enrollment period or through a permitting event. Participation is at the employee’s cost.

63. Health Promotion Activities

  1. The State, in an effort to increase morale and productivity, to reduce absenteeism, injuries and illness, and to contain rising health care costs, encourages departments and employees to participate in health promotion and injury prevention activities.
  2. Departments may, based on operational needs, allow employees up to one (1) full hour of administrative time-off (ATO) per month, to participate in state-sponsored on-site health promotion activities.
  3. State-sponsored on-site health promotion activities may include but are not limited to the following activities held at the work site: seminars, demonstrations, exercise or physical fitness classes, educational forums, blood drives, and flu immunizations.

64. 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 related administrative provisions adopted by the CalHR. The administrative fee paid by the participants will be determined each year by the CalHR.
    2. The FlexElect reimbursement accounts allow employees to set aside a portion of wages to pay for certain expenses. FlexElect allows for two types of reimbursement accounts: a “medical account” and a “dependent care account.”
      1. Medical Reimbursement Account (MRA)

        Employees can specify an amount to be deducted from their paycheck prior to paying federal, state, and social security taxes, thereby reducing their tax liability. Money placed in this account can then be reimbursed to employees as they incur eligible medical expenses.
      2. Dependent Care Reimbursement Account (DCRA)

        Money to cover eligible dependent care expenses (e.g., child care or elder care) can be deducted from employees’ paychecks prior to paying federal, state, and social security taxes, thereby reducing their taxable income. Money placed in this account can then be reimbursed to employees as they incur dependent day care expenses.
      3. Employees must re-enroll each year during open enrollment in order to be eligible for continued participation each year.
    3. Employees who have qualifying group health and/or dental coverage from another source and who meet the eligibility criteria in Section b will be eligible to enroll into a Cash Option Program (a monthly cash payment) in lieu of health and/or dental coverage under the FlexElect Program.
  2. Employee Eligibility
    1. All eligible employees must have a permanent appointment with a time base of half time or more, or if in a limited term or a temporary authorized (TAU) position, must have mandatory return rights to a permanent position (not permanent intermittent).
    2. Permanent Intermittent (PI) employees shall only participate in the Cash Option and will be eligible to receive a six (6) month cash payment for the first control period of each plan year. PIs choosing the Cash Option will qualify if they meet all of the following criteria:
      1. Must be eligible to enroll in health and/or dental coverage as of January 1 of the Plan Year for which they are enrolling;
      2. Must have a PI appointment which is effective January 1 through June 30 of the Plan Year for which they are enrolling;
      3. Must be paid for at least four hundred eighty (480) hours worked during the January through June control period of the Plan Year for which they are enrolling;
      4. Must have submitted an enrollment application during the FlexElect Open Enrollment Period or as newly eligible.
  3. This section is not subject to the grievance and arbitration section of this Agreement.

65. Workplace Violence Prevention

  1. In order to provide a safe and healthy workplace for employees, the State agrees to develop and implement workplace violence prevention policies and programs.
  2. The State agrees to develop a model Workplace Violence Prevention Program and make the program available to all departments.
  3. The State agrees to provide training on procedures for preventing workplace violence and the Union will encourage employees to use these procedures.

66. Non-Industrial Disability Insurance

  1. Annual Leave Option
    1. Employees in the annual leave option shall receive Non-Industrial Disability Insurance (NDI) payments at fifty percent (50%) of their gross salary, payable monthly for a period not exceeding twenty-six (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 work for at least ten (10) consecutive work days. Paid leave shall not be used to cover the ten (10) work days. Disability payments may be supplemented with annual leave, sick leave or partial payment to provide for up to one hundred percent (100%) income replacement. At the time of an NDI claim, an employee may elect either the fifty percent (50%) NDI benefit rate or a supplementation level of seventy-five percent (75%) or one hundred percent (100%) of gross pay. Once a claim for NDI has been filed and the employee has determined the rate of supplementation, the rate of supplementation may be changed only (1) one time during the period of the claim. The change shall be effective upon such date as requested by the employee, provided that such notification is received by Personnel Services Section at least twenty (20) days in advance of the requested effective date.
    2. The employee shall serve a seven (7) consecutive calendar day waiting period before NDI payments commence for each disability. Accrued sick leave or annual leave balances may be used to cover this waiting period. The waiting period may be waived commencing with the first full day of confinement in a hospital or nursing home. The definition of hospital and nursing home is the same as defined by Unemployment Insurance Code Sections 2627.5 and 2627.7.
    3. If the employee elects to use annual leave or sick leave credits prior to receiving NDI payments, employees are not required to exhaust the accrued leave balance.
    4. Following the start of NDI payments, an employee may, at any time, switch from NDI to sick leave or annual leave, but may not return to NDI until that leave is exhausted.
    5. 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 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 NDI benefit will not exceed one hundred percent (100%) of their regular “full pay.” 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 or the CHP for the purpose of evaluating the capacity of the employee to perform the work of their position.
    6. An employee who is medically certified as able to return to a limited-duty assignment while receiving NDI benefits may be required to do so at the request of the employer, as long as the limited-duty assignment is at the employee’s regular headquarters. If the employee refuses a limited-duty assignment at their headquarters, the NDI benefits will be terminated. An employer may offer an employee a limited-duty assignment at a location other than the employee’s headquarters, however, the employee is not compelled to accept the assignment. If an employee refuses a limited duty assignment at a location other than the employee’s headquarters, the NDI benefits will remain in effect.
    7. 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 eighteen (18) monthly pay periods immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. An employee will be eligible for NDI payments on the first day of the monthly pay period following completion of nine hundred and sixty hours (960) of compensated work.
    8. All other applicable CalHR laws and regulations not superseded by these provisions will remain in effect.
    9. All appeals of an employee’s denial of 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 an individual’s denial of benefits.
    10. 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.
    11. Employees who are participating in the Annual Leave Program who supplement their NDI benefits with leave credits at the one hundred percent (100%) level shall be considered to have served a qualifying monthly pay period for any of the rights or benefits dependent on having worked a complete month, as prescribed by CalHR Rule 599.608. Employees who supplement their NDI benefits at the seventy-five percent (75%) level shall receive service and annual leave credits at one-half the rate granted to those who supplement at one hundred percent (100%).
    12. An employee in the Annual Leave Program who is supplementing NDI benefits with leave credits will be required to expend their full eight (8) hours of holiday-in-lieu credit for any holiday which falls during the period of supplementation.
  2. Vacation/Sick Leave Program

    For those employees who do not elect to participate in the Annual Leave Program, the existing NDI benefit program will apply. Such benefits are limited to one hundred and thirty-five dollars ($135) per week.

67. Financial Assistance for Active Member Death

When an active employee suffers a death due to an illness or injury which was not incurred in the line of duty, a request may be made to the Commissioner to allow employees to donate leave credits (CTO, annual leave, vacation, personal leave, excluding sick leave) to the leave bank of that employee. The value of the donated leave credits is considered wages subject to State, Federal and Medicare tax withholdings and is paid by the donor. The value of this time minus the mandatory tax withholdings, may be converted to provide direct financial assistance to the beneficiary designated on the employee’s STD 243, Designation of Person(s) Authorized to Receive Warrants (GC §12479) form. As funding permits, a maximum limit of financial assistance will be determined by the Commissioner. The value of any leave transferred under this Section is reportable on the donor’s annual Form W-2, Wage and Tax Statement.

68. Financial Assistance for Survivors of Officers Killed in the Line of Duty

  1. It is the intent of the CAHP and the Department to work toward implementation of a benefit which would be similar to the “Financial Assistance for Active Member Death” provision of the MOU except that the benefit would be provided to the beneficiary of an officer who is killed in the line of duty.
  2. The CAHP and the Department agree to meet and confer to discuss logistics and possible implementation of the benefit described above, with approval of the CalHR.

69. Counseling Services

The State will provide confidential professional counseling services to all Unit 5 employees. Up to twenty-eight (28) sessions per fiscal year shall be made available at no cost to the employee. There shall be no charge to employees or family members except for extended counseling, which, if needed, is to be specifically and personally arranged between the employee and the counselor.

70. Survivor’s Benefits

  1. Employees in Unit 5 who are members of the Public Employees’ Retirement System (PERS) will be covered under the Fifth level of the 1959 Survivor’s Benefit, which provides a death benefit in the form of a monthly allowance to the eligible survivor in the event of death before retirement. This benefit will be payable to eligible survivors of current employees who are not covered by social security and whose death occurs on or after the effective date of the memorandum of understanding for this section.
  2. The contribution for employees covered under this new level of benefits will be two dollars ($2.00) per month. The rate of contribution for the State will be determined by the PERS Board.
  3. The survivor’s benefits are detailed in the following schedule:
    1. A spouse who has care of two or more eligible children, or three or more eligible children not in the care of the 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’ death, upon reaching age sixty-two (62)      $750

71. Retirement Seminar

Any employee age forty-eight (48) or older is entitled to one (1) shift of state time, with prior approval of their Commander, to attend a retirement seminar or individualized meeting (i.e. meeting with CalPERS, a CAHP Retirement Planner, or State sponsored Savings Plus Retirement Specialist). No overtime is to be allotted and no expenses are to be provided. An employee may only utilize this provision once.

ARTICLE XI - ALLOWANCES AND REIMBURSEMENTS

72. Uniform Allowance

  1. Employees shall be responsible for the purchase of uniforms required as a condition of employment. The State shall provide an allowance to employees for the replacement of uniforms. It is the intent of this section to indicate only the amount of allowance authorized. All other state laws, rules and Department policies regarding uniform allowance shall remain in effect. This allowance will not be considered compensation for use in computing retirement allowance. The allowance shall up to nine hundred and twenty dollars ($920)/year.
  2. Warrants in payment of the uniform allowance will normally be distributed by the tenth of the second month after the employees’ established uniform allowance anniversaries.
  3. In addition to the annual allowance provided above, Unit 5 employees shall receive twenty-five dollars ($25) per month for the maintenance and cleaning of the uniforms. This allowance shall not apply to cadets while in training at the CHP Academy. This monthly allowance will not be considered compensation for use in computing retirement allowance. Employees shall receive payment in December of each year representing payment for the period of November 1 of the previous year through October 31 of the year in which the allowance is paid.
  4. As Department funding permits, the Commissioner may authorize, prior to the end of each fiscal year, a specified amount for each employee to purchase an additional required uniform item.
  5. Upon successful graduation from the Academy, the State shall provide reimbursement, not to exceed five hundred and seventy dollars ($570), to cadets for the purchase of uniform items, excluding alterations and /or modifications, required as a condition of employment. To be eligible for this allowance, the purchase of the uniform items must be made during the employee’s Academy training. The receipt(s) must be dated within this period. Employees shall submit an original CHP 262, Travel Expense Claim, with the receipts attached, plus one copy, to the Academy Staff Office prior to departure from the Academy. The receipt(s) must:
    1. be legible
    2. show date of purchase (not order date)
    3. provide vendor name, address, and phone number
    4. show employee’s name and identification number
    5. list the items purchased (itemized)
    6. purchases made during a different time period or travel expense claims post marked after the specified time frames will not be honored for reimbursement.
  6. Warrants in payment of the reimbursement specified in subsection e. above will normally be distributed within ninety (90) days.
  7. Upon the request of the CAHP, and within the terms of this agreement, the State and the CAHP shall meet to continue to discuss the required uniform of the CHP and the current uniform allowance rates.

73. Boot Allowance

  1. Employees assigned as motorcycle riders, alternate riders, pilots or observers shall receive an initial boot allowance, effective the first day of assignment as a Category I motorcycle rider, Category II motorcycle rider or permanent assignment as a pilot or observer.
  2. Initial boot allowance shall be two hundred and fifty-five dollars ($255) for Category I motorcycle riders and their alternates, and one hundred dollars ($100) for pilots and observers.
  3. Employees assigned as motorcycle riders, alternate riders, pilots or observers who leave such assignments for a period of five consecutive years or more shall be eligible for the initial boot allowance upon return to that assignment.
  4. Subsequent boot replacement allowance of eighty-five dollars ($85) for Category I motorcycle riders, and fifty dollars ($50) for permanent pilots and observers will be paid annually from the boot allowance anniversary date. Alternate motorcycle riders will receive $.3269 per day ridden.
  5. The boot allowance anniversary date shall be the date of permanent assignment as a pilot or observer, or the date a Category I motorcycle rider successfully completed the initial Motorcycle Training Course. The boot allowance anniversary date for employees who return to such assignments after separation from those assignments for five (5) or more consecutive years shall be the new date of permanent assignment.
  6. Time off will not change boot allowance anniversary dates, but a pro rata reduction in allowance will be made for each thirty (30) consecutive day period off for sick leave, injury time or military leave; or eleven (11) or more days off during a pay period for suspension or non-military leaves of absence.
  7. Warrants in payment of the boot allowance will normally be distributed by the tenth of the second month after employees’ established boot allowance anniversaries.

74. Business and Travel

The parties agree during the term of this contract that the State shall implement the Business and Travel provisions set forth in the attached Appendix 1 - 74. Business and Travel. This implementation will allow for the planned conversion of the business and travel expense reimbursement program to one that includes adopting the federal standard meal and incidental expense rate and lodging rates established by the General Services Administration (GSA). The business and travel reimbursement program as set forth in Appendix 1 - 74. Business and Travel shall become operative as follows:

Appendix 1 - Effective upon the implementation date provided by the State to CAHP, as determined by the State, Appendix 1 - 74. Business and Travel shall be operative and replaces the language contained below.

During the term of this agreement, the parties agree that the State may apply any future changes to the business and travel expense reimbursement program for excluded employees to BU 5 employees.
  1. The State agrees to reimburse employees for actual, necessary and appropriate business expenses and travel expenses incurred fifty (50) miles or more from home and headquarters, in accordance with existing CalHR rules and as set forth below. Lodging and/or meals provided by the State or included in hotel expenses or conference fees or in transportation costs such as airline tickets or otherwise provided shall not be claimed for reimbursement. Snacks and continental breakfasts such as rolls, juice and coffee are not considered to be meals. Unless otherwise specified each item of expenses of twenty-five dollars ($25) or more requires a receipt; receipts may be required for items of expense that are less than twenty-five dollars ($25). When receipts are not required to be submitted with the claim, it is the employee’s responsibility to maintain receipts and records of their actual expenses. Each state agency shall determine the necessity for and method of travel.
    1. Meals/Incidentals. Meal expenses for breakfast, lunch, dinner, and incidentals will be reimbursed in the amount of actual expenses up to the maximums. Receipts are not required to claim meal and incidental expenses up to the maximum allowable reimbursement rates specified below unless the State or the employing department requires that receipts be submitted. Regardless of the above exceptions, the approving officer may require additional certification and/or explanation in order to determine that an expense was actually and reasonably incurred. In the absence of a satisfactory explanation, the expenses shall not be allowed. Receipts for meals must be maintained by the employee as substantiation that the amount claimed was not in excess of the amount of actual expense. The IRS definition of “incidentals” includes fees and tips for porters, baggage carriers, and hotel staff. It does not include expenses for laundry, cleaning and pressing of clothing, taxicab fares, lodging taxes or the cost of telegrams or telephone calls.
      1. Rates. Actual meal/incidental expenses incurred will be reimbursed in accordance with the maximum rates and time frame requirements outlined below.
        1. Breakfast up to $13.00
        2. Lunch up to $15.00
        3. Dinner up to $26.00
        4. Incidentals up to $ 5.00
        5. Total up to $59.00 (every full twenty-four (24) hours of travel)
      2. Timeframes. For continuous short-term travel of more than twenty-four (24) hours but less than thirty-one (31) days, the employee will be reimbursed for actual costs up to the maximum for each meal, incidental, and lodging expense for each complete twenty-four (24) hours of travel, beginning with the traveler’s time of departure and return as follows:
        1. On the first day of travel on a trip of more than twenty-four (24) hours:

          Trip begins at or before 6 am: breakfast may be claimed

          Trip begins at or before 11 am: lunch may be claimed

          Trip begins at or before 5 pm: dinner may be claimed
        2. On the fractional day of travel at the end of a trip of more than twenty-four (24) hours:

          Trip ends at or after 8 am: breakfast may be claimed

          Trip ends at or after 2 pm: lunch may be claimed

          Trip ends at or after 7 pm: dinner may be claimed
        3. If the fractional day includes an overnight stay, receipted lodging may be claimed. No meal or lodging expenses may be claimed or reimbursed more than once on any given date or during any twenty-four (24) hour period.
        4. For continuous travel of less than twenty-four (24) hours, the employee will be reimbursed for actual expenses up to the maximum as follows:

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

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

          If the trip extends overnight, receipted lodging may be claimed. No lunch or incidentals may be claimed on a trip of less than twenty-four (24) hours.
    2. Overtime Meals
      1. When an employee is required to work overtime, they may receive an overtime meal allowance of eight dollars ($8). A receipt is not required. To be eligible, the employee must be required to report to work at least two (2) hours prior to, or remain at least two (2) hours past, their regularly scheduled workday, or a minimum of ten (10) hours on a regularly scheduled day off or holiday.
      2. An employee must work an additional six (6) hours for each overtime meal after qualifying for the first overtime meal. No more than three (3) overtime meals may be claimed for each twenty-four (24) hour period.
      3. An employee who is on travel status and is entitled to meal reimbursement as outlined in Article XI, Section 74, paragraph A.1.a. above is not entitled to overtime meal reimbursement.
      4. Employees working voluntary overtime are not entitled to overtime meal reimbursement.
    3. Lodging: All lodging reimbursement requires a receipt from a commercial lodging establishment such as a hotel, motel, bed and breakfast inn, or public campground that caters to the general public. No lodging will be reimbursed without a valid receipt.
      1. Regular State Business Travel:
        1. Statewide, for receipted lodging while on travel status to conduct state business, actual lodging up to the maximum lodging reimbursement rate provided below plus applicable taxes and mandatory fees.

          CountyLodging Rate
          All counties except those listed below $107
          Alameda $189
          City of Santa Monica $270
          Los Angeles $169
          Marin $166
          Monterey $184
          Napa $195
          Orange $169
          Riverside $142
          Sacramento $145
          San Diego $194
          San Francisco $270
          San Mateo $222
          Santa Clara $245
          Ventura & Edwards AFB, excluding the City of Santa Monica $169
      2. Reimbursement of lodging expenses in excess of specified amounts, excluding taxes requires advance written approval from CalHR. CalHR may delegate approval authority to departmental appointing powers or increase the lodging maximum rate for the geographical area and period of time deemed necessary to meet the needs of the State. An employee may not claim lodging, meal or incidental expenses within fifty (50) miles of their home or headquarters.
    4. Long-term Travel: Actual expenses for long-term meals and receipted lodging will be reimbursed when the employee incurs expenses in one location comparable to those arising from the use of establishments catering to the long-term visitor.
      1. Full Long-term Travel: In order to qualify for full long-term travel reimbursement, the employee on long-term field assignment must meet the following criteria:

        (1) The employee continues to maintain a permanent residence at the primary headquarters, and

        (2) The permanent residence is occupied by the employee’s dependents, or

        (3) The permanent residence is maintained at a net expense to the employee exceeding two hundred dollars ($200) per month. The employee on full long-term travel who is living at the long-term location may claim either:
        Reimbursement for actual individual expense, substantiated by receipts, for lodging, water, sewer, gas and electricity, up to a maximum of one thousand one hundred and thirty dollars ($1,130) per calendar month while on the long-term assignment, and actual expenses up to ten dollars ($10.00) for meals and incidentals, for each period of twelve (12) to twenty-four (24) hours and up to five dollars ($5.00) for actual meals and incidentals for each period of less than twelve (12) hours at the long-term location, or

        Long-term subsistence rates of twenty-four dollars ($24.00) for actual meals and incidentals and twenty-four dollars ($24.00) for receipted lodging for travel of twelve (12) hours up to twenty-four (24) hours; either twenty-four dollars ($24.00) for actual meals or twenty-four dollars ($24.00) for receipted lodging for travel less than twelve (12) hours when the employee incurs expenses in one location comparable to those arising from the use of establishments catering to the long-term visitor.
      2. An employee on long-term field assignment who does not maintain a separate residence in the headquarters area may claim long-term subsistence rates of up to twelve dollars ($12.00) for actual meals and incidentals and twelve ($12.00) for receipted lodging for travel of twelve (12) hours up to twenty-four (24) hours at the long-term location; either twelve dollars ($12.00) for actual meals or twelve dollars ($12.00) for receipted lodging for travel less than twelve (12) hours at the long-term location.
    5. Out-of-state Travel: For short-term out-of-state travel, state employees will be reimbursed actual lodging, supported by a receipt, and will be reimbursed for actual meal and incidental expenses in accordance with above. Failure to furnish lodging receipts will limit reimbursement to the meal/incidental rate above. Long- term out-of-state travel will be reimbursed in accordance with the provisions of long-term travel above.
    6. Out of Country Travel: For short-term out of country travel, state employees will be reimbursed actual lodging, substantiated by a receipt, and will be reimbursed actual meals and incidentals up to the maximums published in column B of the Maximum Travel per Diem Allowances for Foreign Areas, Section 925, U.S. Department of State Standardized Regulations and the meal/incidental breakdown in Federal Travel Regulation Chapter 301, Travel Allowances, Appendix B. Long-term Out of Country travel will be reimbursed in accordance with the provisions of long-term travel above, or as determined by CalHR. Subsistence shall be paid in accordance with procedures prescribed by CalHR. It is the responsibility of the individual employee to maintain receipts for their actual meal expenses.
    7. Transportation. Transportation expenses include, but are not limited to airplane, train, bus, and taxi fares, rental cars, parking, mileage reimbursement and tolls that are reasonably and necessarily incurred as a result of conducting state business. Each state agency shall determine the method of and necessity for travel. Transportation will be accomplished and reimbursed in accordance with the best interest of the State. An employee who chooses and is approved to use an alternate method of transportation will be reimbursed only for the method that reflects the best interest of the State.
      1. Mileage Reimbursement
        1. When an employee is authorized by their appointing authority or designee to operate a privately owned vehicle on state business the employee will be allowed to claim and be reimbursed at the Federal Standard Mileage Rate (FSMR). Mileage reimbursement includes all expenses related to the use, and maintenance of the vehicle, including but not limited to gasoline, up-keep, wear and tear, tires, and all insurance including liability, collision and comprehensive coverage; breakdowns, towing and any repairs, and any additional personal expenses that may be incurred by an individual as a result of mechanical breakdown or collision.
        2. When an employee is required to report to an alternative work location, the employee may be reimbursed for the number of miles driven in excess of their normal commute.
        3. Travel to Headquarters: Mileage arising from travel between home or garage and headquarters is not normally allowed. An exception to this rule is when an employee is called back to work or when an employee works on a regular day off. In these instances, the Department shall provide reimbursement for travel from an employee’s primary residence to headquarters up to fifty (50) miles. Mileage is not allowed for travel between home and headquarters for voluntary overtime.
      2. Specialized Vehicles – Employees who must operate a motor vehicle on official state business and who, because of a physical disability, may operate only specially equipped or modified vehicles may claim the FSMR, with certification. Supervisors who approve claims pursuant to this subsection have the responsibility of determining the need for the use of such vehicles.
      3. Private Aircraft Mileage – When an employee is authorized by their department, reimbursement for the use of the employee’s privately owned aircraft on state business shall be made at the current FSMR rate per statute mile. Pilot qualifications and insurance requirements will be maintained in accordance with CalHR rule 599.628.1 and the State Office of Risk and Insurance Management.
      4. Mileage to/from a common carrier – When the employee’s use of a privately owned vehicle is authorized for travel to or from a common carrier terminal, and the employee’s vehicle is not parked at the terminal during the period of absence, the employee may claim double the number of miles between the terminal and the employee’s headquarters or residence, whichever is less, while the employee occupies the vehicle.

        Exception to “whichever is less”: If the employee begins travel one hour or more before they normally leave their home, or on a regularly scheduled day off, mileage may be computed from their residence.
    8. Receipts. Unless otherwise specified, receipts or vouchers shall be submitted for every item of expense of twenty-five dollars ($25) or more. In addition, receipts are required for every item of transportation and business expense incurred as a result of conducting state business except for actual expenses as follows:
      1. Railroad and bus fares of less than twenty-five dollars ($25) when travel is wholly within the State of California
      2. Street car, ferry fares, bridge and road tolls, local rapid transit system, taxi, shuttle or hotel bus fares, and parking fees of ten dollars ($10.00) or less for each continuous period of parking or each separate transportation expense noted in this item.
      3. Telephone, telegraph, tax or other business charges related to state business of five dollars ($5.00) or less.
      4. In the absence of a receipt, reimbursement will be limited to the non-receipted amount above.
      5. Reimbursement will be claimed only for the actual and necessary expenses noted above. Regardless of the above exceptions, the approving officer may require additional certification and/or explanation in order to determine that an expense was actually and reasonably incurred. In the absence of a satisfactory explanation, the expense shall not be allowed.
    9. Moving and Relocation Expenses.

      Whenever a Unit 5 employee is reasonably required by the State to change their place of residence, the State shall reimburse the employee for approved items in accordance with the lodging, meal and incidental rates established in A.1. and A.3. above, and in accordance with the existing requirements, time frames and administrative rules and regulations for reimbursement of relocation expenses that apply to excluded employees.
    10. Travel Reimbursement Program Changes

      During the term of this agreement, the parties agree that the State may apply future changes to the business and travel expense reimbursement program for excluded employees to Unit 5 employees.

75. State-Owned Housing Rental and Utility Rates

  1. Rent

    Current rental rates for all types of State-owned housing, including trailers and/or trailer pads, may with sixty (60) day notice be increased by the State as follows:
    1. Where employees are currently occupying State-owned housing, the State may raise such rates paid by employees up to twenty-five percent (25%) each year, not to exceed Fair Market value.
    2. During the term of this contract, where no rent is being charged, the State may raise rents up to seventy-five dollars ($75) per month or when an employee vacates State-owned housing, including trailers and/or trailer pads, the State may raise rents for such housing up to Fair Market Value.
    3. Employee rental of State housing shall not ordinarily be a condition of employment. In any instance, when the rental of State housing is made a condition of employment, the rent shall not exceed twenty-five percent (25%) of the gross income base salary of the employee.
    4. Departments must obtain a full appraisal on all State-owned housing properties from a certified appraiser once every five years to determine the Fair Market value along with a rental rate market analysis. The written report shall include a complete legal description of the property. Reports are due to the Department of Human Resources ten (10) days after receipt of the completed appraisal. Departments are required to submit a desk review update to CalHR each calendar year.
    5. Employees renting State-owned housing occupy them at the discretion of the State employer. If the State decides to vacate a State-owned housing unit currently occupied by a State employee, it shall give the employee a minimum of thirty (30) days’ advance notice.
  2. Utilities

    Current utility charges for all types of State-owned employee housing, including trailers and/or trailer pads, may be increased by the State as follows:
    1. Where employees are currently paying utility rates to the State, the State may raise such rates up to eight percent (8%) each year.
    2. Where no utilities are being charged, the State may impose such charges consistent with its costs.
    3. Where utilities are individually metered to a State-owned housing unit, the employee shall assume all responsibility for payment of such utility rates, and any increases imposed by the utility company.

76. State-Owned Housing

The state employer shall provide the CAHP with reasonable notice if State-owned housing rates or utility rates are to be increased by the employer. The CAHP may request to meet and confer over such increases.

77. Commute Program

  1. Employees working in areas served by mass transit, including rail, bus, or other commercial transportation licensed for public conveyance shall be eligible for a seventy-five percent (75%) discount on monthly public transit passes sold by state agencies up to a maximum of sixty-five dollars ($65) per month. Employees who purchase public transit passes on their own shall be eligible for a seventy-five percent (75%) reimbursement up to a maximum of sixty-five dollars ($65) per month. This shall not be considered compensation for purposes of retirement contributions. The State may establish and implement procedures and eligibility criteria for the administration of this benefit including required receipts and certification expenses.
  2. Employees riding in vanpools shall be eligible for a seventy-five percent (75%) reimbursement of the monthly fee up to a maximum of sixty-five dollars ($65) per month. In lieu of the vanpool rider reimbursement, the State shall provide one hundred dollars ($100) per month to each state employee who is the primary vanpool driver, meets the eligibility criteria, and complies with program procedures as developed by the State for primary vanpool drivers. This shall not be considered compensation for purposes of retirement. A vanpool is defined as a group of seven or more people who commute together in a vehicle (state or non-state) specifically designed to carry an appropriate number of passengers. The State may establish and implement procedures and eligibility criteria for the administration of this benefit.
  3. Employees headquartered out of state shall receive reimbursement for qualified public transportation and vanpool expenses for seventy-five percent (75%) of the cost up to a maximum of sixty-five dollars ($65) per month or in the case of the primary vanpool driver, the one hundred dollars ($100) per month rate. The appointing power may establish and implement procedures regarding the certification of expenses.
  4. This section is not subject to the grievance and arbitration sections of this Agreement.
  5. Both the State and the CAHP agree that employees should be encouraged to use alternate means of transportation to reduce traffic congestion and improve air quality in the State.
  6. The CAHP agrees that the State may implement new policies or change existing ones in areas such as transit subsidies, vanpool/carpool incentives, walking/biking incentives, parking, parking fees and other actions to meet the goals or directives of air quality management districts. The State agrees to notice and meet and confer regarding the impact of such new or changed policies.

78. Education Tuition and Out-Service Training Reimbursement

  1. Employees may request tuition assistance from the Department for approved college/university courses and Out-Service Training.
  2. The granting of tuition assistance shall be consistent with the provisions contained in HPM 70.13, Departmental Training Manual, Chapter 9.

ARTICLE XII - SAFETY AND POLICE PROTECTIVE EQUIPMENT

79. Safety and Police Protective Equipment

  1. The State shall furnish the initial issuance of all safety equipment and police protective equipment required by the employing state agency and as described in HPM 11.2, Materials Management Manual. All safety equipment and police protective equipment provided pursuant to this section shall remain the property of the State. This section shall not supersede Government Code Section 19850.5.
  2. The equipment listed below is designated as police protective, safety, and work equipment for uniformed employees. Some items are issued based on geographical location or work assignment. Uniformed employees may substitute approved privately owned equipment for the state-issued equipment listed below, except those items marked by an "*." Equipment marked with this symbol shall not be replaced with privately owned equipment under any circumstances. Substitution with privately owned equipment shall be in strict accordance with HPM 11.2, Materials Management Manual.
  3. The State shall make available to employees other items of safety equipment it finds appropriate for specific job functions.
  4. Equipment Listed:
    1. Oleoresin Capsicum (Pepper Spray) *
    2. Ammunition. Supply and use covered in HPM 70.8, Firearms Manual. *
    3. Ammunition carrying case
    4. Aviation life support items. Refer to HPM 100.7, Air Operations Manual. *
    5. Badge
    6. Baton
    7. Baton ring/Holster
    8. Boots, insulated
    9. Boots, rain
    10. Hat, cold weather
    11. Hat cover, rain
    12. Hat piece
    13. Ear protectors
    14. Flashlight
    15. Glasses, safety (including prescription safety glasses). Refer to HPM 10.6, Occupational Safety Manual.
    16. Goggles, sand
    17. Handcuffs
    18. Handcuff case
    19. Helmet, general duty *
    20. Helmet, motorcycle *
    21. Holster, pepper spray projector
    22. Holster, pistol, automatic
    23. Holster, radio extender
    24. Plasticuffs *
    25. Raincoat
    26. Rain pants
    27. Pistol, automatic, .40 caliber *
    28. Radio extender
    29. Nylon duty belt
    30. Soft body armor
    31. Work clothing, protective. Refer to criteria listed in HPM 11.2, Materials Management Manual
    32. Air purifying respirator (APR) with at least one of each: Chemical Biological Radiological Nuclear (CBRN) filter Cartridge
    33. Tactical Equipment Bag *
    34. Tactical equipment bag which includes the following: cotton inspection gloves, hazmat over-booties, chemical tape, Tychem F coverall, Butyl gloves *
  5. Lost or Damaged Equipment
    1. Whenever an employee, through neglect or misuse, loses or damages Department issued safety and police protective equipment, or any other Department issued equipment, the Department may allow the employee to reimburse the Department for the lost or damaged equipment. If the employee agrees to such reimbursement, it shall be at the current replacement cost. An employee may utilize their leave credits (excluding sick leave) to satisfy the amount owed.
      1. If an employee agrees to reimburse the Department for the loss or damage of safety and police protective equipment or, any other Department issued equipment, the Department shall not initiate an adverse action against that employee for the loss or damage.

80. External Vest Carrier

In an effort to improve working conditions for BU 5 members, and effective upon successful completion of the Department's testing of an external vest carrier, employees will have the option to purchase and wear an external vest carrier. This external vest carrier will allow employees to remove some of the safety equipment from their duty belt and transition that equipment to the external vest carrier. For the term of this Agreement, each member will be eligible to receive a one-time reimbursement of two hundred dollars ($200) upon submittal of proof of purchase to the Department of an external vest carrier that has been approved by the Department.

The approved list of equipment to be worn on the external vest carrier will be established by Department policy and outlined in Highway Patrol Manual 73.5, Uniform/Grooming and Equipment Standards.

This provision is subject to the Grievance Procedure section, but not the Arbitration Procedure section of this Agreement.

This reimbursement pursuant to this provision will not be considered compensation for retirement purposes.

ARTICLE XIII - PERFORMANCE STANDARDS AND APPRAISALS

81. Performance Standards and Appraisals

Notwithstanding any other provision in this Agreement, only annual, interim or transfer performance appraisals shall be grievable up to Level III of the grievance procedure.

ARTICLE XIV - MEDICAL EXAMINATIONS

82. Medical Examinations

As permitted by state law, the State may require an employee to take a physical examination and, when the appointment for such an examination is during an employee's regularly scheduled work hours, the employee will receive straight time compensation for those hours. If scheduled during other than an employee's regularly scheduled work hours, the employee will attend on a leave of absence with pay. In no event will an employee earn overtime compensation for this examination. The results of said examination shall be furnished to a physician designated by the employee upon their request.

ARTICLE XV - SUBSTANCE ABUSE

83. Substance Abuse

  1. Reasonable Suspicion
    1. The State agrees that the odor of alcohol or marijuana on an employee's breath or clothing shall not be the sole basis for determining "reasonable suspicion" in ordering the complete drug test panel established pursuant to CalHR Rules 599.960 through 599.966. The State may, however, require the employee to take a breath test, and take appropriate administrative action based on the results.
    2. Information on an employee's medical condition (unrelated to illegal or unauthorized drug use) secured through a substance abuse test or conversations with the Medical Review Officer may be used to order a fitness-for-duty test, provided the "reasonable suspicion" which led to the drug test was based on objective symptoms.
  2. Setting of Cut-Off Levels
    1. It is the intent of the State to adopt cut-off levels based on:
      1. Standards established by the National Institute for Drug Abuse, where such standards exist.
      2. The recommendations of the laboratories selected to do the testing.
  3. Employee Rights

    In addition to the employee rights enumerated in CalHR Rule 599.964, the State will comply with provisions of the Public Safety Officers' Procedural Bill of Rights, when applicable.
  4. Samples

    In performing any substance abuse test, the State will agree that two samples shall be taken and stored and made available to the employees for alternate testing upon request, consistent with the need to provide a secure chain of custody.
  5. Access to Results

    The State agrees that for purposes of CalHR Rule 599.966(d) "individuals" shall mean authorized representatives of the appointing power.
  6. Training

    The State agrees to provide the CAHP with the opportunity to review its training material on the administration of its substance abuse policy and consider any Association comments that may improve the training.
  7. Post-Implementation Review

    Upon request of either party, CalHR and CAHP will meet for post-implementation reviews of the substance abuse policy. Such meetings will be held at mutually agreed upon times beginning at least six months after the implementation of the policy. Additional meetings may be held every six months thereafter.

ARTICLE XVI - RELEASE TIME FOR STATE CIVIL SERVICE EXAMINATIONS

84. Release Time for State Civil Service Examinations

Upon giving forty-eight (48) hours notice to their immediate supervisor, an employee otherwise qualified shall be permitted to participate in a State Civil Service examination during the employee’s work hours if said examination is scheduled during that period. Overtime is not authorized to participate in a State Civil Service Examination.

85. Return to Work Joint Labor Management Committee

The parties agree to establish a joint labor management committee (JLMC) to meet as many times deemed necessary by mutual concurrence of the committee. The JLMC will not exceed five (5) members per party to review the California Highway Patrol’s current practices of returning injured workers to active duty. Any recommendations made by the JLMC will be provided to the Commander of the Injury Case Management Section.

ARTICLE XVII - CONTRACT PROTECTION AND CONTINUOUS APPROPRIATION

86. Continuous Appropriation

The State and the CAHP agree to present to the Legislature a provision to appropriate funds to cover the economic terms of this agreement as part of the MOU bill through June 30, 2027. This will maintain employee salaries and benefits in case of an untimely budget.

ARTICLE XVIII - ENTIRE AGREEMENT

87. Entire Agreement

The parties acknowledge that during the negotiations which resulted in this Agreement, each had unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the State and the CAHP, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other should not be obligated, to bargain collectively with respect to any subject or matter whether or not referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both the parties at the time they negotiated or signed this Agreement. This Agreement may only be amended by mutual agreement of the parties.

ARTICLE XIX - DURATION

88. Duration

  1. Unless a specific provision provides for a different effective date, the terms of this Agreement shall go into effect July 1, 2024, upon ratification by both the Legislature and the Union and remain in full force through June 30, 2027.
  2. In the six-month period prior to the expiration date of the Agreement, the complete Agreement will be subject to renegotiation.

ARTICLE XX – MOU ACCESSIBILITY

89. MOU Accessibility

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:
  1. Table headers to make the table accessible for screen readers.
  2. Section Outline format: A. 1. a., (1).

APPENDIX 1 – 74. BUSINESS AND TRAVEL

The parties agree Appendix 1- 74. Business and Travel, below, shall be operated and controlling effective upon the implementation date provided by the State to the CAHP, as determined by the State, for this section.

Appendix 1 replaces the language contained within Section 74. Business and Travel.

During the term of this agreement, the State agrees to apply any future changes to the business and travel expense reimbursement program for excluded employees to Unit 5 employees.

Appendix 1 – New Language for 74. Business and Travel

The State agrees to reimburse employees for actual, necessary and appropriate business expenses and travel expenses incurred fifty (50) miles or more from home and headquarters, in accordance with existing CalHR rules and as set forth below. Lodging and/or meals provided by the State or included in hotel expenses or conference fees or in transportation costs such as airline tickets or otherwise provided shall not be claimed for reimbursement. Employees who are unable to consume meal(s) provided by the State or included in hotel expenses or conferences/registration fees because of time constraints or other considerations such as reasonable accommodation may be reimbursed in accordance with the rates established in section A. 1. of this article provided an alternate meal was purchased. Snacks and continental breakfasts such as rolls, juice and coffee are not considered to be meals.

Unless otherwise specified, each item of expenses of twenty-five dollars ($25) or more requires a receipt; receipts may be required for items of expense that are less than twenty-five dollars ($25). When receipts are not required to be submitted with the claim, it is the employee's responsibility to maintain receipts and records of their actual expenses. Each state agency shall determine the necessity for travel and the mode of travel to be reimbursed after leveraging available remote technology such as video and/or phone conference. The State reserves the right to direct employees to use contracted or preferred providers for lodging, transportation and other travel-related services.

When a State agency determines travel is necessary, it shall ensure that:
  • 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.
Normally, an official State business trip begins when the traveler leaves their residence or headquarters, whichever occurs last, and ends when the traveler returns to their residence or headquarters, whichever occurs first.
  1. Meals and Incidentals: Meal expenses for breakfast, lunch, dinner, and incidentals will be reimbursed in the amount of actual expenses up to the agreed upon maximums. Receipts are not required to claim meal and incidental expenses up to the maximum allowable reimbursement rates specified below unless the State or the employing department requires that receipts be submitted. Regardless of the above exceptions, the approving officer may require additional certification and/or explanation in order to determine that an expense was actually and reasonably incurred. In the absence of a satisfactory explanation, the expense shall not be allowed. Receipts for meals must be maintained by the employee as substantiation that the amount claimed was not in excess of the amount of actual expense. CalHR must comply with the current IRS definition of "incidental expenses."
    1. Rates: Actual meal and incidental expenses incurred while on travel status will be reimbursed in accordance with the maximum rates and time frame requirements outlined below.

      For each full twenty-four (24) hours of travel: Up to the federal standard rate for meals and incidental expenses established by the U.S. General Services Administration (GSA).

      On the first and last day of travel: Up to seventy-five percent (75%) of the federal standard rate for meals and incidental expenses established by the GSA.
    2. Timeframes: For continuous short-term travel of more than twenty-four (24) hours but less than thirty-one (31) days, the employee will be reimbursed for actual costs up to the maximum for each meal, and incidental and expense as follows:
      1. For each full twenty-four (24) hour day of travel: As indicated in 74. A.1. above.
      2. On the fractional day of travel at the beginning of a trip of more than twenty-four (24) hours: Up to seventy-five percent (75%) of the standard federal daily rate for actual expenses.
      3. On the fractional day of travel at the end of a trip of more than twenty­-four (24) hours: Up to seventy-five percent (75%) of the standard federal daily rate for actual expenses.
      4. If the fractional day includes an overnight stay, receipted lodging may be claimed. No meal or lodging expenses may be claimed or reimbursed more than once on any given date or during any twenty-­four (24) hour period.
      5. For continuous travel of less than twenty-four (24) hours, the employee will be reimbursed for actual expenses up to the maximum as follows:

        For travel of at least twelve (12) hours up to twenty-four (24) hours: Up to seventy-five percent (75%) of the standard federal daily rate for actual expenses.

        For travel of less than twelve (12) hours: No reimbursement may be claimed for meals and incidental expenses.

        If the trip extends overnight, receipted lodging may be claimed.
    3. Overtime Meals
      1. When an employee is required to work overtime, they may receive an overtime meal allowance of eight dollars ($8). A receipt is not required. To be eligible, the employee must be required to report to work at least two (2) hours prior to, or remain at least two (2) hours past, their regularly scheduled workday, or a minimum of ten (10) hours on a regularly scheduled day off or holiday.
      2. An employee must work an additional six (6) hours for each overtime meal after qualifying for the first overtime meal. No more than three (3) overtime meals may be claimed for each twenty-four (24) hour period.
      3. An employee who is on travel status and is entitled to meal reimbursement as outlined in Article XI, Section 74, paragraph A.1.a. above is not entitled to overtime meal reimbursement.
      4. Employees working voluntary overtime are not entitled to overtime meal reimbursement.
  2. Lodging: All lodging reimbursement requires a receipt from a commercial lodging establishment such as a hotel, motel, bed and breakfast inn, or public campground that caters to the general public. No lodging will be reimbursed without a valid receipt.
    1. Regular State Business Travel:
      1. When employees are required to conduct State business and obtain lodging, reimbursement will be for actual receipted lodging up to the below identified maximums plus applicable taxes and mandatory fees.
      2. For the forty-eight (48) contiguous states and Washington, D.C (CONUS): Up to the applicable federal rate established by the U.S. General Services Administration (GSA) for the travel destination.
      3. For certain out-of-state travel (Alaska, Hawaii, U.S. Territories and Possessions): Up to the applicable federal rate established by the Department of Defense (DOD) for the travel destination.
      4. For out-of-country (foreign) travel: Up to the applicable federal rate established by the U.S. Department of State for the travel destination.
    2. Reimbursement of lodging expenses in excess of specified amounts, excluding taxes requires advance written approval from CalHR. CalHR may delegate approval authority to departmental appointing powers or increase the lodging maximum rate for the geographical area and period of time deemed necessary to meet the needs of the State. An employee may not claim lodging, meal or incidental expenses within fifty (50) miles of their home or headquarters.
  3. Long-term Travel: The long-term daily expense rate shall be authorized when a traveler can reasonably be expected to incur expenses in one location comparable to those arising from the use of establishments catering to long-term visitors, and when the traveler is expected to be in one location for thirty-one (31) or more consecutive days. Actual expenses for long-term meals, incidentals, and receipted lodging will be reimbursed up to the maximum rates provided above in Section 74. A.1. and A.3. Departments and traveling employees should continue to make reasonable efforts to secure lodging that is in the best interest of the state. Such lodging may include contracted or preferred providers, long-term lodging establishments, and non-hotel accommodations such as an apartment or extended stay facility. The supervisor must determine prior to the beginning of the assignment if the time away from home or headquarters area will be more than thirty (30) days, but less than one (1) year. Long Term Assignments lasting longer than one (1) year may require the long-term reimbursements to be reported as a fringe benefit.
    1. Full Long-term Travel: In order to qualify for full long-term travel reimbursement, the employee on long-term field assignment must meet the following criteria:
      1. The employee continues to maintain a permanent residence at the primary headquarters, and
      2. The permanent residence is occupied by the employee's dependents, or
      3. The permanent residence is maintained at a net expense to the employee exceeding two hundred dollars ($200) per month.
    2. Employees who, with supervisor's approval, after completing the work shift remain at the job or LTA location past the Friday twelve (12) hour clock will receive up to the federal standard reimbursement rate for meals and incidental expenses established by the GSA for Friday. Those staying overnight shall not receive any additional reimbursements for meals and incidental expenses regardless of the Saturday departure time. An employee returning to the temporary residence on Sunday will receive up to seventy-five percent (75%) of the federal standard reimbursement rate for meals and incidental expenses established by the GSA. This does not change CalHR policy regarding the meals and incidentals reimbursement clock which starts at the beginning of the work shift on Monday. If the normal workweek is other than as stated above, the same principle applies.

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

      Employees who leave the LTA location are not entitled to reimbursement of lodging, meals, incidentals, or transportation costs if they stayed overnight elsewhere.
  4. Out-of-state Travel: For short-term out-of-state travel, state employees will be reimbursed for actual lodging expenses, supported by a receipt, and actual meal and incidental expenses in accordance with the rates provided above in Section 74. A.1. and A.3. Long-term out-of-state travel will be reimbursed in accordance with the provisions of long-term travel above.
  5. Out-of-Country Travel: For short-term out-of-country travel, State employees will be reimbursed actual lodging, substantiated by a receipt, in accordance with the rates provided above in Section 74. A.3. and will be reimbursed actual meals and incidentals up to the maximums published in column B of the Maximum Travel Per Diem Allowances for Foreign Areas, section 925, U.S. Department of State Standardized Regulations and the meal/incidental breakdown in Federal Travel Regulation Chapter 301, Travel Allowances, Appendix B. Long-term Out­ of-Country travel will be reimbursed in accordance with the provisions of Long­ term travel above, or as determined by CalHR. Reimbursement for lodging, meals and incidentals shall be paid in accordance with procedures prescribed by CalHR. It is the responsibility of the individual employee to maintain receipts for their actual meal expenses.
  6. Transportation: Transportation expenses include, but are not limited to airplane, train, bus, and taxi fares, rental cars, parking, mileage reimbursement and tolls that are reasonably and necessarily incurred as a result of conducting state business. Each state agency shall determine the method of and necessity for travel. Transportation will be accomplished and reimbursed in accordance with the best interest of the State considering both direct expense as well as the employee's time. Provided the mode of transportation selected does not conflict with the needs of the agency, the officer or employee may use a more expensive form of transportation and be reimbursed at the amount required for a less expensive mode of travel. Both modes of transportation will be shown on the travel claim.
    1. Mileage Reimbursement
      1. When an employee is authorized by their appointing authority or designee to operate a privately owned vehicle on state business the employee will be allowed to claim and be reimbursed at the Federal Standard Mileage Rate (FSMR). Mileage reimbursement includes all expenses related to the use, and maintenance of the vehicle, including but not limited to gasoline, up-keep, wear and tear, tires, and all insurance including liability, collision and comprehensive coverage; breakdowns, towing and any repairs, and any additional personal expenses that may be incurred by an individual as a result of mechanical breakdown or collision.
      2. When an employee is required to report to an alternative work location, the employee may be reimbursed for the number of miles driven in excess of their normal commute.
      3. Travel to Headquarters: Mileage arising from travel between home or garage and headquarters is not normally allowed. An exception to this rule is when an employee is called back to work or when an employee works on a regular day off. In these instances, the Department shall provide reimbursement for travel from an employee's primary residence to headquarters up to fifty (50) miles. Mileage is not allowed for travel between home and headquarters for voluntary overtime.
      4. Private Aircraft Mileage: When an employee is authorized by their department, reimbursement for the use of the employee's privately owned aircraft on State business shall be made at the FSMR rate per statute mile and shall be computed on the basis of the shortest air route from origin to destination. Pilot qualifications and insurance requirements will be maintained in accordance with CalHR rule 599.628 and the State Office of Risk and Insurance Management.
      5. Mileage to/from a common carrier: When the employee's use of a privately owned vehicle is authorized for travel to or from a common carrier terminal, and the employee's vehicle is not parked at the terminal during the period of absence, the employee may claim double the number of miles between the terminal and the employee's headquarters or residence, whichever is less, while the employee occupies the vehicle.

        Exception to "whichever is less": If the employee begins travel one hour or more before they normally leaves their home, or on a regularly scheduled day off, mileage may be computed from their residence.
  7. Receipts: Unless otherwise specified, receipts or vouchers shall be submitted for every item of expense of twenty-five dollars ($25) or more. In addition, receipts are required for every item of transportation and business expense incurred as a result of conducting State business except for actual expenses as follows:
    1. Railroad and bus fares of less than twenty-five dollars ($25) when travel is wholly within the State of California.
    2. Streetcar, ferry fares, bridge and road tolls, local rapid transit system, taxi, shuttle or hotel bus fares, and parking fees of ten dollars ($10.00) or less for each continuous period of parking or each separate transportation expense noted in this item.
    3. Telephone, fax or other business charges necessary to State business of five dollars ($5.00) or less.
    4. In the absence of a receipt, reimbursement will be limited to the non­receipted amount above.
    5. Reimbursement will be claimed only for the actual and necessary expenses noted above. Regardless of the above exceptions, the approving officer may require additional certification and/or explanation in order to determine that an expense was actually and reasonably incurred. In the absence of a satisfactory explanation, the expense shall not be allowed.
  8. Moving and Relocation Expenses

    Whenever a Unit 5 employee is reasonably required by the State to change their place of residence, the State shall reimburse the employee for approved items in accordance with the lodging, meal and incidental rates established in Section 74. A.1.a. and A. 1. above, and in accordance with the existing requirements, time frames and administrative rules and regulations for reimbursement of relocation expenses that apply to excluded employees.
  9. Travel Reimbursement Program Changes

    During the term of this agreement, the State agrees to apply any future changes to the business and travel expense reimbursement program for excluded employees to Unit 5 employees.