Agreement Between

STATE OF CALIFORNIA

and

SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) - LOCAL 1000

covering

BARGAINING UNIT 21

Effective

July 1, 2023 through June 30, 2026

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

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

1. Pursuant to Public Employment Relations Board (PERB) Decision SA-SR-21, as amended by SA-AC-54-S, the State recognizes the Service Employees International Union (SEIU) Local 1000 (Union of California State Workers), as the exclusive representative for the Education Consultants and Library Bargaining Unit, hereinafter referred to as Unit 21. Unit 21 consists of all employees in the job classifications listed by title in the salary schedule attached hereto and incorporated by reference as a part of this Contract. Any new classes established and assigned to Unit 21 shall be incorporated in the Contract. 
2. Pursuant to Government Code sections 19815.4 and 3517, the Service Employees International Union (SEIU) Local 1000 (Union of California State Workers), recognizes the Director of the Department of Human Resources (CalHR) or their designee as the negotiating representative for the State and shall negotiate exclusively with the director or their designee, except as otherwise specifically spelled out in this Contract. 
3. The Service Employees International Union (SEIU) Local 1000 (Union of California State Workers), agrees to hold the State harmless, defend and indemnify the State and its officers, agents, and employees for fees, costs, and damages resulting from a challenge, in any forum (administrative or judicial) by any person or entity, to the provisions of this Article.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This section is grievable to the department level.

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

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

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

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

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

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

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

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

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

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

Government Code Sections

1. General
   

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

2. Step Increases
   

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

3. Holidays
   

   19853	Establishes Holidays.
   19854	Establishes Personal Holiday.

4. Vacation
   

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

5. Sick Leave
   

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

6. Uniforms, Work Clothes and Safety Equipment
   

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

7. Industrial Disability Leave (IDL)
   

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

8. Non-Industrial Disability Insurance (NDI)
   

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

9. Life Insurance
   

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

10. Health Insurance
    

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

11. Workweek
    

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

12. Overtime
    

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

13. Deferred Compensation
    

    19993

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

14. Relocation Expenses
    

    19841

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

15. Travel Expenses
    

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

16. Leaves of Absence
    

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

17. Performance Reports
    

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

18. Involuntary Transfers
    

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

19. Demotion and Layoff
    

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

20. Incompatible Activities
    

    19990

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

21. Training
    

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    TIME BASE

    HOURS OF MONTHLY VACATION OR ANNUAL LEAVE CREDIT PER VACATION GROUP

    HOURS OF MONTHLY SICK HOLIDAY CREDIT

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

    
    
    An employee can only earn up to a maximum of eight (8) hours holiday credit per holiday, regardless of the number of positions the employee holds within State service.
13. Holiday credit may be requested and taken in fifteen (15) minute increments.
14. An employee shall be allowed to carry over unused holiday credits or be paid for the unused holiday credits, at the discretion of the department head or designee.
15. Upon termination from State employment, an employee shall be paid for unused holiday credit.
16. In the event that traditional, but unofficial holidays (e.g., Mother’s Day, Father’s Day), or religious holidays (e.g., Easter or Yom Kippur) fall on an employee’s scheduled workday, the employee shall have the option to request the use of annual leave, accrued vacation, holiday credits, personal leave or CTO time, in order to secure the day off. The department head or designee shall make a reasonable effort to grant an employee the day off subject to operational need.

1. Employees shall not be entitled to vacation leave credit for the first six (6) months of service. On the first day of the monthly pay period following completion of six (6) qualifying monthly pay periods of continuous service, all full-time employees covered by this section shall receive a one-time vacation bonus of forty-two (42) hours of vacation credit. Less than full-time employees shall be allowed, on a pro-rata basis, the fractional part of the bonus vacation credit. Thereafter, for each additional qualifying monthly pay period, full-time employees shall be allowed credit for vacation with pay on the first day of the following month as follows:
   
   

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

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

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

4. Employees who elect to move to the vacation and sick leave programs will have the employee’s accrued annual leave balances converted to vacation. Employees shall have the continued use of any sick leave accrued as of the effective date of this Agreement.
5. A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall earn Vacation/Annual Leave credits as set forth under subsection A above or C respectively. Absences from State service resulting from a temporary or permanent separation for more than eleven (11) consecutive working days which fall into two (2) consecutive qualifying pay periods shall disqualify the second pay period.
6. Less than full-time and hourly employees shall accrue proportional Vacation/Annual Leave credits, in accordance with the chart shown in section 7.1 (L) of this Contract.
7. Vacation/Annual Leave accrual for employees in multiple positions will be computed by combining all positions, provided the result does not exceed the amount earnable in full-time employment, and the rate of accrual shall be determined by the schedule which applies to the position or collective bargaining status under which the election was made.
8. Annual Leave that is used for purposes of sick leave is subject to the requirements set forth in section 8.2, Sick Leave, of this Contract.
9. Work Week Group 2 employees may take Vacation/Annual Leave credits in fifteen (15) minute increments.
10. Work Week Group 2 employees are authorized to use existing fractional Vacation/Annual Leave hours that may have been accumulated.
11. Subject to operational needs, the time when Vacation/Annual Leave shall be taken by the employee shall not be unreasonably denied. Employee Vacation/Annual Leave requests shall be submitted and granted or denied in writing in a timely manner. Vacation/Annual Leave can only be cancelled when unanticipated operational needs require it.
12. Vacation/Annual Leave requests must be submitted in accordance with departmental policies on this subject. However, when two (2) or more employees on the same shift (if applicable) in a work unit (as defined by each department head or designee) request the same Vacation/Annual Leave time and approval cannot be given to all employees requesting it, employees shall be granted the employee’s preferred Vacation/Annual Leave period in order of seniority (defined as total months of State service in the same manner as Vacation/Annual Leave is accumulated). When two (2) or more employees have the same amount of State service, department seniority will be used to break the tie. Vacation/Annual Leave schedules, which have been established in a work unit, pursuant to the seniority provisions in this Article, shall not be affected by employee(s) entering the unit after the schedule has been established.
13. If an employee does not use all of the Vacation/Annual Leave that the employee has accrued in a calendar year, the employee may carry over the employee’s accrued Vacation/Annual Leave credits to the following calendar year to a maximum of six hundred forty (640) hours. A department head or designee may permit an employee to carry over more than six hundred forty (640) hours of accrued Vacation/Annual Leave hours if an employee was unable to reduce the employee’s accrued hours because the employee: (1) was required to work as a result of fire, flood, or other extensive emergency; (2) was assigned work of a priority or critical nature over an extended period of time; (3) was absent on full salary for compensable injury; (4) was prevented by department regulations from taking Vacation/Annual Leave until December 31 because of sick leave; or (5) was on jury duty.
14. By June 1 of each calendar year those employees whose Vacation/Annual Leave balance exceeds, or could exceed by December 31, the Vacation/Annual Leave cap of subsection M must submit to the employee’s supervisor for approval a plan to use Vacation/Annual Leave to bring the employee’s balance below the cap. If the employee fails to submit a plan, or adhere to an approved plan, the department head or designee has the right to order an employee to take sufficient Vacation/Annual Leave to reduce the employee’s Vacation/Annual Leave balance or potential balance on December 31 below the cap specified in subsection M.
15. Upon termination from State employment, the employee shall be paid for accrued Vacation/Annual Leave credits for all accrued Vacation/Annual Leave time.
16. An employee who returns to State service after an absence of six (6) months or longer, caused by a permanent separation, shall receive a one-time vacation credit on the first monthly pay period following completion of six (6) qualifying pay periods of continuous service in accordance with the employee’s total State service before and after the absence.
17. Employees may be permitted annually to cash out up to eighty (80) hours of accumulated Vacation/Annual Leave as follows:

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

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

1. The amount of bereavement leave related to the death of an immediate family of an employee’s spouse shall be the same for the immediate family of a registered domestic partner. 
2. Permanent or probationary employees, and non-permanent employees who have been employed for at least 30 days, may take up to five (5) days of unpaid bereavement leave for the death of a spouse/domestic partner, child, parent, stepparent, sibling, grandparent, grandchild, or parent-in-law. Such bereavement leave shall be authorized for up to five (5) days per occurrence. Such bereavement leave shall qualify with pay for specific occurrences pursuant to subsection C below.
   
   The employee may elect to use their accrued annual leave, vacation, sick, CTO, or any other earned leave credits for any unpaid days of leave which do not qualify with pay pursuant to subsection C below.
3. A department head or designee shall authorize bereavement leave with pay for a permanent or probationary full-time State employee, regardless of their time of service, due to the death of the employee’s parent, stepparent, spouse, domestic partner (as defined in accordance with Family Code section 297), child, grandchild, grandparent, sibling, stepchild, parent-in-law, child-in-law, sibling-in-law, or death of any person residing in the household of the employee at the time of death. An intervening period of absence for medical reasons shall not be disqualifying when, immediately prior to the absence, the person resided in the household of the employee. Such bereavement leave shall be authorized for up to three (3) eight-hour days (24 hours) per occurrence.
4. A department head or designee shall authorize bereavement leave with pay for a permanent full-time or probationary full-time employee, regardless of their time of service, due to the death of the employee’s aunt, uncle (parent’s sibling), niece, nephew (sibling’s child). Such bereavement leave shall be authorized for up to three (3) eight-hour days (24 hours) in a fiscal year.
   
   If the death of a person as described above requires the employee to travel over four hundred (400) miles one way from the employee’s home, additional time off with pay shall be granted for two (2) additional days which shall be deducted from accrued leave. Should additional leave be necessary, the department head or designee may authorize the use of other existing leave credits or authorized leave without pay. Any such request shall not be arbitrarily or unreasonably denied.
5. The bereavement leave days outlined in Sections B, C, and D do not need to be taken consecutively, but must be requested within three (3) month of the date of death. The employee shall give notice to the employee’s immediate supervisor as soon as possible and shall, if requested by the employee’s supervisor, provide substantiation to support the request. Substantiation includes, but is not limited to, a death certificate, published obituary, written verification of death, burial, or memorial from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
6. Employees may utilize the employee’s annual leave, vacation, CTO, or any other earned leave credits for additional time required in excess of time allowed above. Sick leave may be utilized for Bereavement Leave in accordance with the sick leave provision of this Contract in section 8.2. Any such request shall not be arbitrarily or unreasonably denied.
7. Fractional time base (part-time) employees will be eligible for bereavement leave on a pro rata basis, based on the employees’ fractional time base (See schedule in Article 7.1 (L)).

1. A permanent employee shall be entitled, upon request, to an unpaid leave of absence for purposes of pregnancy, childbirth, recovery there from or care for the newborn child for a period not to exceed one year. The employee shall provide medical substantiation to support the request for pregnancy leave. The request must include the beginning and ending dates of the leave and must be requested no later than thirty (30) calendar days after the birth of the child. Any changes to the leave, once approved, are permissive and subject to the approval of the department head or designee.
2. A spouse, parent or domestic partner (as defined in accordance with Family Code section 297), who is a permanent employee, shall be entitled, upon request, to an unpaid leave of absence for a period not to exceed one year to care for the employee’s newborn child. The employee shall provide medical substantiation to support the employee’s request for parental leave. The request must include the beginning and ending dates of the leave and must be requested no later than thirty (30) calendar days after the birth of the child. Any changes to the leave, once approved, are permissive and subject to the approval of the department head or designee.
3. If the request for parental leave is made more than thirty (30) calendar days after the birth of the child, a permissive unpaid leave of absence may be considered by the department head or designee.
4. During the period of time an employee is on parental leave, the employee shall be allowed to continue the employee’s health, dental, and vision benefits. The cost of these benefits shall be paid by the employee and the rate that the employee will pay will be the group rate.

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

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

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

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

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

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

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

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

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

1. If an employee is served with a subpoena which compels the employee’s presence as a witness and the employee is not a party to the legal action or an expert witness, the employee shall be granted a leave of absence with pay. Such pay shall be in the amount of the difference between the employee’s regular pay and any amount the employee receives for such appearance. In no case shall this amount exceed the employee’s regular pay.
2. In the event an employee is a party to a legal action, the employee shall, upon reasonable notice and the approval of the immediate supervisor, be granted the use of the employee’s accrued CTO, personal holiday, personal leave, annual leave, vacation or unpaid leave.
3. Upon request and subject to operational needs, an employee on an alternate work schedule or shift other than Monday – Friday, 8:00 a.m. to 5:00 p.m. may be placed on an existing work schedule or shift that coincides with the time the employee is required to be available in accordance with the provisions of A above.

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

1. Each department may decide whether it intends to offer the Voluntary Personal Leave Program (VPLP). Participating departments will notify employees of any program conditions that the department may establish (e.g., eligibility criteria, maximum carryover credits, operational limitations) and procedures for participation. Employee participation in the program shall be on a voluntary basis.
2. Except for “K” below, only permanent full-time employees are eligible to participate in the VPLP. Interested employees may only request either one (1) day (8 hours) or two (2) days (16 hours) personal leave per month with an equal reduction in pay. Approval or denial of the request shall be at the general discretion of the department and may vary within the department. A department may only approve either one (1) day (8 hours) or two (2) days (16 hours) personal leave. Salary ranges and rates shall not be affected because of VPLP participation.
3. Participating employees shall be credited with eight (8) or sixteen (16) hours of personal leave on the first day of the following monthly pay period the employee is in the VPLP.
4. Once approved, employees must remain in the program for twelve (12) months unless a department established a lesser time period. Once approved for the VPLP, an employee agrees to remain in the program for that time period. In the case of a financial hardship, an employee’s request to cancel participation may be approved by a department on a case by case basis. The State reserves the right to cancel the program on a departmental, subdivisional or individual basis at any time with thirty (30) days’ notice to the employee.
5. Personal leave (including time accrued via the VPLP, personal leave program in effect from July 1, 1992 through December 30, 1993, and the personal leave program in effect from October 1, 2003 through September 30, 2004) shall be requested and used by the employee in the same manner as vacation or annual leave. Request to use personal leave must be submitted in accordance with departmental policies on vacation or annual leave. Employees may not be required to use personal leave credits.
6. At the discretion of the State, if funds become available, as determined by the Department of Finance (DOF), all or a portion of unused personal leave credit (including time accrued via the VPLP, personal leave program in effect from July 1, 1992 through December 30, 1993, and the personal leave program in effect from October 1, 2003 through September 30, 2004) may be cashed out at the employee’s salary rate at the time the personal leave payment is made. It is understood by both parties that the applicant of this cash out provision may differ from department to department and from employee to employee. Upon termination from State employment, the employee shall be paid for unused personal leave credits in the same manner as vacation or annual leave. Cash out or lump sum payment for any personal leave credits shall not be considered as “compensation” for purposes of retirement. Upon retirement/separation, the cash value of the employee’s personal leave balance may be transferred into a State of California, CalHR, Deferred Compensation Program as permitted by federal and state law.
7. Participating employees shall be entitled to the same level of State employer contribution for health, vision, dental, flex-elect cash option and enhanced survivor’s benefits the employee would have received had the employee not participated in the VPLP.
8. The VPLP shall not cause a break in State service, a reduction in the employee’s accumulation of service credit for the purposes of seniority and retirement, leave accumulation or merit salary adjustment.
9. The VPLP 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. The VPLP shall be administered consistent with the existing payroll system and the policies and practices of the SCO.
11. Employees on EIDL, SDI, IDL or workers’ compensation for the entire monthly pay period shall be excluded from the VPLP.
12. Continued participation in the program when an employee transfers to another department shall be at the discretion of the new department.
13. If any dispute arises about this VPLP, an employee or Union may file a grievance and the decision reached at the third step shall be final and not subject to the grievance arbitration clause of the Agreement.
    

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

1. Eligible employees may receive up to forty (40) hours of mentoring leave per calendar year to participate in mentoring activities once the employee has used an equal amount of the employee’s personal time for these activities. Mentoring leave is paid leave time which may only be used by an employee to mentor. This leave does not count as time worked for purposes of overtime. Mentoring leave may not be used for travel to and from the mentoring location.
2. An employee must use an equal number of hours of the employee’s personal time (approved annual leave, vacation, personal leave, personal holiday, or CTO during the workday and/or personal time during non-working hours) prior to requesting mentoring leave. For example, if an employee requests two (2) hours of mentoring leave, the employee must have used two (2) verified hours of the employee’s personal time prior to receiving approval for the mentoring leave. Mentoring leave does not have to be requested in the same week or month as the personal time was used. It does, however, have to be requested and used before the end of the calendar year.
3. Prior to requesting mentoring leave and in accordance with departmental policy, an employee shall provide the employee’s supervisor with verification of personal time spent mentoring from the mentoring organization.
4. Requests for approval of vacation, CTO, and/or annual leave for mentoring activities are subject to approval requirements in this Contract and in existing departmental policies. Requests for approval of mentoring leave are subject to operational needs of the State, budgetary limits, and any limitations imposed by law.
5. In order to be eligible for mentoring leave, an employee must:
1. Have a permanent appointment;
2. Have successfully completed the employee’s initial probationary period; and
3. Have committed to mentor a child or youth through a mentoring organization that meets the quality assurance standards in accordance with the Governor’s Mentoring Partnership, for a minimum of one (1) school year. (Most programs are aligned with the child’s normal school year; however, there may be some that are less or more. Department management may make exceptions to the one (1) school year commitment based on the mentor program that is selected.)
6. An employee is not eligible to receive mentoring leave if:
1. The employee is assigned to a “post” position in the CDCR; or
2. The employee works in a level of care position in the DDS, DSH, CDE, CDCR or Veterans’ Affairs (CalVet).
7. Permanent part-time and Permanent Intermittent (PI) employees may receive a prorated amount of mentoring leave based upon the employee’s time base. For example, a half-time employee is eligible for twenty (20) hours of mentoring leave per calendar year, whereas an intermittent employee must work a qualifying monthly pay period (equivalent to one hundred sixty [160] hours) to earn 3.3 hours of mentoring leave.
8. Any appeals and/or disputes regarding this section shall be handled in accordance with the complaint procedure specified in Article 6 of this Contract.

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

With prior approval of the employee’s supervisor and under comparable conditions as provided for supervisors and managers in CalHR rule 599.930, an employee may be granted time off for public service as a member of a Precinct Election Board. The employee shall be eligible for both regular State compensation and any fee paid by the Registrar of Voters for such service. Verification of service may be required.

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

1. A department head may, upon request of an employee, grant a leave of absence not to exceed two (2) consecutive pay periods during the period designated by the department head for release from performance of duties to full-time permanent or probationary employees.
2. Leaves of absence granted under the provisions of these rules shall be counted as qualifying service for merit and special in-grade salary adjustments, for seniority, and for computation of months of total State service to determine a change in the monthly credit for vacation leave. For all other purposes, leaves of absence granted pursuant to this section shall not be counted as qualifying service.
3. All Unit 21 employees may request to utilize the 10-12 plan.
4. Any denial of the 10-12 plan shall be accompanied by a reason in writing.
5. An employee returning from 10-12 leave shall have the right to return to the employee’s former position. The term "former position" is defined in Government Code section 18522.

1. The department head or designee may approve the use of accumulated educational leave credits to attend or participate in educational or research programs at accredited schools, colleges, universities, or local educational agencies for the purposes of further instruction in subjects related to the employee’s work assignments and/or achievement of departmental goals or missions. It may also be used for the purpose of completing an employee’s individual Bachelor’s, Credential, Master’s or Doctorate program. Educational leave may also be used to attend workshops and seminars for career and professional development in subjects related to the employee’s work assignment, achievement of departmental goals, and/or professional growth as a state employee. 
2. Only Unit 21 employees in classifications listed in the attachment entitled “Educational Leave” are eligible under this provision.
3. The department head or designee may limit the number of persons on educational leave commensurate with departmental work requirements and availability of an appropriate substitute.
4. Eligible employees must have a State civil service appointment of half (½) time or more and must complete at least one (1) year of continuous service in a classification which accrues educational leave before being granted such leave. Intermittent employees shall not be eligible.
5. Eligible employees will be credited with educational leave at a rate of ten (10) hours per month for full-time employees and on a pro rata basis for part-time employees. Pro rata accrual rates are included in the attachment entitled Leave Hours for Reduced Times Bases. Portions of months of service shall not be counted or accumulated.
   
   
6. Tuition and all other expenses incurred as a result of educational leave will be the responsibility of the employee.
7. When an employee is granted time off for educational leave, such time off shall be deducted from the employee’s educational leave balance. Notwithstanding the Work Week Group (WWG) E provisions in Article 19.19.21 of this Agreement, educational leave may be charged on a part-time basis in one (1) hour increments.
8. When on educational leave, employees shall continue to be eligible for salary adjustments, and shall receive credit for annual leave, vacation, sick leave, educational leave or any other benefit which would normally accrue during such work period.
9. An eligible employee who is appointed without a break in State service to a position ineligible to earn educational leave credits shall retain all accrued educational leave but shall not be permitted to take educational leave unless the employee returns to an eligible position. Employees who do not return to an eligible position shall, upon retirement, be eligible to convert any previously unused educational leave credits as provided in Government Code section 20963.1.
10. An eligible employee who separates from State service and returns to an eligible position in less than six (6) months shall be credited with any previously unused educational leave credit and shall commence to accrue and use educational leave on the first of the pay period following completion of one (1) month of qualifying service. Eligible employees who separate from State service and return within six (6) months to a non-eligible position shall lose any unused portion of previously accrued educational leave unless the employee returns to an eligible position within six (6) months of the date of separation.
11. An eligible employee who separates from State service for six (6) months or longer loses any unused portion of previously accrued educational leave.
12. Requests under this section shall not be unreasonably denied. A denial of educational leave, along with the reason for the denial, shall be given to the employee within fifteen (15) days of the request, and may be appealed to Step 3, CalHR, under the grievance procedure, which shall be the final level of appeal.
13. An employee returning from educational leave shall have the right to return to the employee’s former position. The term “former position” is defined in Government Code section 18522.
1. BU 21 classifications Eligible to Receive Educational Leave
   
   

   CLASS CODE	SCHEM CODE	CLASS TITLE
   2718	FG66	American Indian Education Assistant
   2719	FG65	American Indian Education Consultant
   2750	FG83	Bilingual/Migrant Education Assistant
   2758	FG80	Bilingual/Migrant Education Consultant (Retitled 10/6/87 from Bilingual/Bicultural Education Consultant)
   2715	EQ61	Career-Vocational Education Assistant
   2722	EQ58	Career-Vocational Education Consultant (Revised 10/4/94 from Vocational Education Consultant)
   2513	EN50	Agricultural Education Consultant
   2517	EN90	Business Education Consultant
   2514	EO20	Health Careers Education Consultant
   2520	EO50	Home Economics Education Consultant (Retitled from Homemaking Education Consultant 10/4/94)
   2524	EO90	Industrial and Technology Education Consultant (Retitled from Industrial Education Consultant 10/4/94)
   2837	FB65	Child Development Assistant
   2834	FB64	Child Development Consultant
   2616	EU20	Consultant in Mathematics Education
   2769	FG30	Consultant in Physical Education
   2774	FG60	Consultant in Pupil Personnel Services
   2620	EQ70	Vocational Education, Gender Equity Consultant
   2655	ER95	Education Programs Assistant
   2656	ER90	Education Programs Consultant (Retitled from Education Administration Consultant 7/29/86)
   2589	ER76	Assistant Field Representative, School Administration
   2573	ER80	Field Representative, School Administration (Specialist)
   2260	FG45	Nutrition Education Assistant (Retitled from Nutrition Education & Training Assistant 2/19/97)
   2261	FG50	Nutrition Education Consultant (Retitled from Nutrition Education & Training Consultant (Nonsupervisory) 2/19/97)
   2773	FG41	School Health Education Assistant
   2772	FG40	School Health Education Consultant
   2754	FF59	Special Education Assistant
   2764	FF60	Special Education Consultant
   *2642	EX10	Education Research and Evaluation Assistant
   *2643	EX20	Education Research and Evaluation Consultant
   *2550	EM30	Community Colleges Program Assistant (Retitled from Community Colleges Program Assistant II 5/1/22)
   *2539	EM51	Community College Specialist (Retitled from Specialist in Academic Planning & Development, CCC 5/1/22)
   *2530	EM85	Specialist in Agricultural Education, CCC
   *2531	EM87	Specialist in Business Education, CCC
   *2540	EM89	Specialist in Criminal Justice Education, CCC
   *2544	EM54	Specialist in Employment & Certification, CCC
   *2535	EM93	Specialist in Health Education, CCC
   *2465	EM95	Specialist in Homemaking Education, CCC
   *2534	EM97	Specialist in Industrial Education, CCC
   2547	EM99	Specialist in Public Service Occupations, CCC
   *2617	EU70	Assistant Consultant in Teacher Preparation
   *2618	EU75	Consultant in Teacher Preparation (Examinations & Research)
   *2635	EU80	Consultant in Teacher Preparation (Program Evaluation & Research)
   *2566	EL68	Associate in Postsecondary Education Studies (Class established with Ranges A & B and positions reallocated from Postsecondary Education Specialist I and II on 11/14/89)
   *2506	EL70	Senior Associate in Postsecondary Education Studies (Retitled from Postsecondary Education Specialist III 11/14/89)
   **2958	FM65	Library Programs Consultant
   **8250	TN20	Nursing Education Consultant
   **2742	EK10	Private Postsecondary Education Specialist
   **2743	EK20	Private Postsecondary Education Senior Specialist
   **2560	EM71	Specialist in Library Planning & Development, CA Community Colleges

   
   
2. Abolished Unit 21 Classes Eligible For Education Leave Credit
   
   

   CLASS CODE	SCHEM CODE	CLASS TITLE
   2634	EW20	Consultant in Intergroup Relations (abolished 11/05)
   2730	FD30	Adult Education Assistant I
   2731	FD25	Adult Education Assistant II
   2732	FD20	Adult Education Consultant
   2588	ER74	Assistant Field Representative I, School Administration
   2589	ER76	Assistant Field Representative II, School Administration (Specialist)
   2765	FG90	Bilingual/Bicultural Education Assistant I
   2759	FG85	Bilingual/Bicultural Education Assistant II
   2832	FB68	Child Development Assistant I
   2833	FB66	Child Development Assistant II
   2549	EM25	Community Colleges Program Assistant I
   2770	FH86	Compensatory Education Assistant I
   2776	FH88	Compensatory Education Assistant II
   2782	FH90	Compensatory Education Consultant (On Footnote 24)
   2701	FA60	Consultant in Gifted & Talented Education
   2705	FB15	Consultant in Reading
   2767	FG35	Consultant in School Nursing & Health Services
   2622	EU60	Consultant in Traffic Safety Education
   2594	ES60	Textbook Consultant
   2608	FB50	Early Childhood Education Assistant I
   2610	FB40	Early Childhood Education Assistant II
   2607	FB30	Early Childhood Education Consultant
   2662	ER96	Education Administration Assistant I
   2663	ER93	Education Administration Assistant II
   2483	EK86	Education Program Planning & Development Assistant
   2484	EK87	Education Program Planning & Development Consultant
   2793	FI17	Migrant Education Assistant I
   2798	FI15	Migrant Education Assistant II
   2783	FI10	Migrant Education Consultant
   2612	ES98	School Approvals Assistant I
   2613	ES95	School Approvals Assistant II
   2609	ES90	School Approvals Consultant
   2747	FG38	School Health Education Assistant I
   2748	FG39	School Health Education Assistant II
   2692	EZ15	Secondary Education Assistant II
   2686	EZ20	Secondary Education Consultant
   2694	EZ30	Secondary Education Administrator I (Non-supervisorial)
   2761	FF40	Special Education Assistant I
   2762	FF50	Special Education Assistant II
   2508	EM70	Specialist in Facilities Planning & Utilization, CCC
   2525	EM82	Specialist in Fiscal Planning & Administration, CCC
   2458	EM91	Specialist in General Vocational Education, CCC
   2551	EM55	Specialist in Information Systems & Analysis, CCC
   2565	EM63	Specialist in Student Services Planning & Development, CCC
   2583	EQ60	Vocational Education Assistant I
   2721	EQ59	Vocational Education Assistant II
   6976	QU10	Maritime Vocational Instructor I
   6978	QU20	Maritime Vocational Instructor II
   6979	QU30	Maritime Vocational Instructor III

   
   

1. Personal leave shall be requested and used by the employee in the same manner as vacation or annual leave. Requests to use personal leave must be submitted in accordance with departmental policies on vacation or annual leave. Employees shall not be required to use personal leave credits.
2. At the discretion of the State, all or a portion of unused personal leave credits may be cashed out at the employee’s salary rate at the time the personal leave payment is made. It is understood by both parties that the application of this cash-out provision may differ from department to department and from employee to employee. Departments shall consider an employee’s request to retain leave credits for future use rather than have the leave cashed out. Upon termination from State employment, the employee shall be paid for unused personal leave credits in the same manner as vacation or annual leave. Cash-out or lump-sum payment for any personal leave credits shall not be considered as “compensation” for purposes of retirement. If funds become available, as determined by the DOF, for the Personal Leave Program, departments will offer employees the opportunity to cash out accrued personal leave. Upon retirement/separation, the cash value of the employee’s personal leave balance may be transferred into a State of California, CalHR Deferred Compensation Program as permitted by federal and state law.
3. If any dispute arises about this personal leave section, an employee may file a grievance and the decision reached at Step 3 (CalHR) of the grievance procedure shall be final and not subject to the arbitration clause of this Contract.
4. An employee may request, due to personal hardship, all or a portion of unused personal leave credits to be cashed out at the employee’s salary rate at the time the personal leave payment is made. Upon termination from State employment, the employee shall be paid for unused personal leave credits in the same manner as vacation leave. Cash-out or lump-sum payment for any personal leave credits shall not be considered as “compensation” for purposes of retirement.

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

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

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

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

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

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

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

1. Upon ratification the employer health benefits contribution for each employee shall be an amount equal to eighty percent (80%) of the weighted average of the Basic health benefit plan premiums for a State active civil service employee enrolled for self-alone, during the benefit year to which the formula is applied, for the four (4) Basic health benefit plans that had the largest State active civil service enrollment, excluding family members, during the previous benefit year. For each employee with enrolled family members, the employer shall contribute an additional eighty percent (80%) of the weighted average of the additional premiums required for enrollment of those family members, during the benefit year to which the formula is applied, in the four (4) Basic health benefit plans that had the largest State active civil service enrollment, excluding family members, during the previous year. To be eligible for this contribution, an employee must positively enroll in a health plan administered or approved by CalPERS.
2. The parties agree to work cooperatively with CalPERS and the health plans to control premium increases.
3. Health Benefits Eligibility
1. Employee Eligibility - For purposes of this section, “eligible employee” shall be defined by the Public Employees’ Medical and Hospital Care Act.
2. Permanent Intermittent (PI) Employees
1. Initial Eligibility – A PI employee will be eligible to enroll in health benefits if the employee has been credited with a minimum of four hundred eighty (480) paid hours in one of two PI control periods. For purposes of this section, the control periods are January 1 through June 30 and July 1 through December 31 of each calendar year. An eligible PI employee must enroll in a health benefit plan within sixty (60) calendar days from the end of the qualifying control period.
2. Continuing Eligibility – To continue health benefits, a PI employee must be credited with a minimum of four hundred eighty (480) paid hours in a control period or nine hundred sixty (960) paid hours in two consecutive control periods.
3. Family Member Eligibility - For purposes of this section, “eligible family member” shall be defined by the Public Employees’ Medical and Hospital Care Act and includes domestic partners that have been certified with the Secretary of State’s office in accordance with AB 26 (Chapter 588, Statutes of 1999).

1. Contribution Amounts
1. The State agrees to continue to pay the following contributions that went into effect January 1, 2023 for dental benefits. To be eligible for this contribution, an employee must positively enroll in a dental plan administered by the CalHR.
1. The State shall pay up to $38.12 per month for coverage of an eligible employee.
2. The State shall pay up to $66.56 per month for coverage of an eligible employee plus one dependent.
3. The State shall pay up to $96.21 per month for coverage of an eligible employee plus two or more dependents.
2. The employee will pay any premium amount for the dental plan in excess of the State’s contribution, except that the employee’s share of the cost shall not exceed twenty-five percent (25%) of the total premium.
2. Employee Eligibility
   
   Employee eligibility for dental benefits is the same as that prescribed for health benefits under section 9.1 and 9.1.3 of this Contract.
3. Family Member Eligibility
   
   Family member eligibility for dental benefits is the same as that prescribed for health benefits under section 9.1 and 9.1.3 of this Contract.
4. Coverage During First Twenty-Four (24) Months of Employment
   
   Employees first appointed into State service who meet the above eligibility criteria, will not be eligible for enrollment in the State-sponsored indemnity or preferred provider option plan until the employee has completed twenty-four (24) months of employment without a permanent break in service during the twenty-four (24) month qualifying period. However, if no alternative plan or prepaid plan is available within a fifty (50)-mile radius of the employee’s residence, the employee will be allowed to enroll in the indemnity or preferred provider option plan.

1. Program Description Basic Plan
   
   The employer agrees to provide a vision benefit to eligible employees and dependents. The vision benefit provided by the State shall have an employee co-payment of ten dollars ($10) for the comprehensive annual eye examination and twenty-five dollars ($25) for materials.
2. Employee Eligibility
   
   Employee eligibility for vision benefits is the same as that prescribed for health benefits under section 9.1 and 9.1.3 of this Contract.
3. Family Member Eligibility
   
   Family member eligibility for vision benefits is the same as that prescribed for health benefits under section 9.1 and 9.1.3 of this Contract.
4. Enhanced Vision Plan Option
   
   Employees may elect to participate in the Premier Plan during an open enrollment period. Participation is at the employee’s cost.
5. Nothing in this section would preclude the State from offering an enhanced benefit that would be in favor of the employee. Notice would be provided and the union would have the right to meet and confer.

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

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

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

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

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

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

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

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

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

1. The State agrees to provide a flexible benefits program (FlexElect) under Internal Revenue Code section 125 and related sections 105(b), 129, and 213(d). All participants in the FlexElect Program shall be subject to all applicable state and federal laws and any related administrative provisions adopted by CalHR. The administrative fee paid by participants will be determined each year by CalHR.
2. To be eligible to enroll in the FlexElect Medical Reimbursement Account or Dependent Care Reimbursement Account, employees must have a permanent appointment with a time base of half-time or more, or if in a limited term or a temporary authorized position, must have mandatory return rights to a permanent position (not permanent intermittent). Permanent Intermittent employees are not eligible for the FlexElect Medical Reimbursement Account or the Dependent Care Reimbursement Account.
3. The State shall continue its current practice on a cash option in the FlexElect Program for Bargaining Unit (BU) 1, 3, 4, 11, 14, 15, 20, and 21 employees who meet the eligibility criteria for state-sponsored health benefits and the FlexElect Cash Option Program, including but not limited to having qualifying group health coverage from another source, to enroll for the cash option in lieu of health and/or dental coverage. The CoBen Cash Option Program is available to eligible BU 17 employees as discussed in section 9.1.17.
4. PI employees are eligible to participate in the FlexElect or CoBen Cash Option Program as described in Article 18 of this Contract.
5. Employees enrolled in Tricare, Medicare, Medi-Cal, Covered California, and other forms of individual health coverage, as defined by CalHR, are not eligible to participate or enroll in the FlexElect Cash Option.

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

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

1. Employees who suffer an industrial injury or illness and would otherwise be eligible for Temporary Disability (TD) benefits under the Labor Code will be entitled to IDL as described in Article 4 of the Government Code, beginning with section 19869. IDL will be paid in lieu of TD benefits.
2. Eligible employees shall receive IDL payments equivalent to full net pay for the first twenty-two (22) workdays after the date of the reported injury.
3. In the event that the disability exceeds twenty-two (22) workdays, the employee will receive 66 and 2/3 percent of gross pay from the twenty-third (23rd) workday of disability until the end of the fifty-second (52nd) week of disability. No IDL payments shall be allowed after two (2) years from the first day (i.e., date) of disability.
4. The employee may elect to supplement payment from the twenty-third (23rd) workday with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee’s full net pay. Partial supplementation will be allowed, but fractions of less than one (1) hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only.
5. Temporary Disability (TD) with supplementation, as provided for in Government Code section 19863, will no longer be available to any State employee who is a member of either the CalPERS or CalSTRS during the first fifty-two (52) weeks, after the first date of disability, within a two (2) year period.
6. If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive TD benefits as provided for in the Labor Code and supplementation, as provided in Government Code section 19863.
7. All appeals of an employee’s denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee’s denial of benefits are not grievable or arbitrable. This does not change either party’s contractual rights which are not related to an individual’s denial of benefits.

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

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

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

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

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

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

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

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

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

1. 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 WWG 2 employees up to one 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.

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

1. When protective clothing is required by the employee’s supervisor, the State shall either provide the protective clothing or reimbursement of actual substantiated amounts for initial or replacement cost as necessary. Employees must request reimbursement in accordance with department policy. Reimbursement shall only be provided when the employee substantiates the expense by providing a receipt(s) for the required item(s). “Protective Clothing” means attire that is worn over, or in place of, regular clothing and is necessary to protect the employees’ clothing from damage or stains which would be present in the normal performance of the employee’s duties and/or which is required for the employee to protect the employee’s body from possible injury.
2. Protective clothing provided pursuant to this Section is State owned or leased property which will be maintained as the State deems necessary.
3. Protective clothing damaged due to the negligence of the employee shall be replaced by the employee at the employee’s expense.
4. The employee shall comply with any instructions provided by the State in regards to protective clothing.

Medical monitoring programs shall be discussed by the appropriate departmental Joint Labor Management Health and Safety Committee(s) and the committee(s) will take into account the status of current technology and scientific recommendations for such programs, and the need for specified departmental programs.

1. Upon request of the Union or an employee, the State shall provide a completed Material Safety Data Sheet (MSDS) for each hazardous substance in use at the place of employment, which has been supplied to the employer by the manufacturer, producer, or seller. If not provided by the manufacturer, producer, or seller, the State shall prepare a written request asking that the MSDS be sent.
2. In accordance with departmental policies, an employee will receive training in the use of hazardous substances where the following conditions exist:
1. The manufacturer is required under Labor Code section 6390 to provide a MSDS;
2. The employee is required to use/handle the substance; or
3. It is necessary to update or otherwise train an employee in its use.

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

1. Upon request, employees in twenty-four (24) hour facilities/institutions who need keys will be provided keys.
2. Upon request, and subject to operational need and the overall safety of the employees, departments may grant access to employees outside the department’s normal office hours.

1. A department shall make available to all employees who have contact or a work assignment with inmates, wards, forensic clients or forensic patients, in areas equipped with an alarm, a personal alarm transmitter. The transmitter shall be tested regularly. If a log of the testing is maintained by the department, the Union shall have the right to inspect this log upon written request. The parties agree concerns in this area are appropriate subjects for priority consideration by the appropriate Joint Labor Management Health and Safety Committee.
2. The departments having twenty-four (24) hour institutions shall keep the Union informed, upon request, of the progress of personal alarms being tested, manufactured, or being considered for use within said institutions. The State shall meet with a Union representative before the devices are provided to employees.
3. Any institution currently providing such personal alarm devices will continue to do so.
4. This provision shall not supersede any existing departmental or institutional policy governing the use of personal alarms.

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

The State will endeavor to provide training to all employees at risk of assault on how to defuse potentially violent situations and verbal confrontations.

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

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

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

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

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

1. The parties agree that training in infectious disease control is an appropriate subject for high priority consideration by the appropriate Joint Labor Management Health and Safety Committee.
2. Employees shall be provided training on infectious disease control as related to job performance. Infectious disease control training shall include, but not be limited to, bloodborne and airborne diseases.
3. When a Department becomes aware of an outbreak of infectious, contagious, or communicable diseases/conditions at a worksite, the State shall endeavor to notify potentially exposed employees.

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

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

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

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

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

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

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

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

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

1. “Salary range” is the range of rates between, and including, the minimum and maximum rate currently authorized for the class; Top Step Rounding: Classes shall be adjusted to reflect five percent (5%) increments between the minimum and the maximum salary rates. Each five percent (5%) shall be calculated by multiplying by 1.05 and rounded to the nearest dollar. To calculate five percent (5%) for daily and hourly rates multiply by 1.05 and round to the nearest dollar and cents amount, subject to the availability of funds.
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 nearest dollar and cents amount. One-step higher is calculated by multiplying the rate by 1.05 (e.g., $2,300 x 1.05 = $2,415). One-step lower is calculated by dividing the rate by 1.05 (e.g., $2,415 ÷ 1.05 = $2,300).
3. “Rate” for employees compensated on a monthly basis is any one of the full dollar amounts found within the salary range and for employees compensated on a daily or hourly basis is any one of the dollar and cents amounts found within the salary range.
4. “Range differential” is the difference between the maximum rate of two (2) salary ranges.
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 times lower than the maximum salary rate of another salary range. Unless otherwise provided, the lowest salary range currently authorized for the class is used to make salary comparisons between classes except for deep classes. Any rate falling within the salary range for a class may be used to accomplish appropriate step differentials in movement between classes and salary ranges.

1. When a permanent full-time employee receives no pay warrant on payday, the State agrees to issue a salary advance, consistent with departmental policy and under the following conditions:
1. When there are errors or delays in processing the payroll documents and the delay is through no fault of the employee, a salary advance will be issued on the next business day following payday for an amount close to the actual net pay (gross salary less deductions).
2. When a regular paycheck is late for reasons other than 1 above (e.g., AWOL, late dock), a salary advance of no less than fifty percent (50%) of the employee’s actual net pay will normally be issued within five (5) workdays after payday. No more than four (4) salary advances per calendar year may be issued under these circumstances.
3. The difference between the employee’s net pay and the salary advance shall not be paid until after receipt of the State Controller’s warrant for the pay period.
2. It will be the responsibility of the employee to make sure voluntary deductions (e.g., credit union deductions, union dues, etc.) are paid.
3. This provision does not apply to those employees who have direct deposit.
4. Nothing in this provision shall prevent departments from continuing policies in excess of this provision.
5. The State agrees to provide timely payment of wages after an employee’s discharge, layoff, or resignation consistent with applicable department and SCO policies.
6. Overpayments or any other payroll errors shall be administered in accordance with Government Code section 19838 except as otherwise provided in this section. By mutual agreement, the overpayment may be satisfied by the use of leave credits, excluding sick leave.
7. For overtime checks, an advance for an amount close to the actual net pay shall be issued by the end of the pay period following the actual month for which the overtime is submitted if the overtime check is not available at the time.
8. CalHR will work with responsible agencies to explore options for early distribution of paychecks. CalHR will meet with the Union within 120 days after ratification and provide possible options.

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

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

1. Definition of Bilingual Position for Bilingual Differential Pay:
1. A bilingual position for salary differential purposes requires the use of a bilingual skill on a continuing basis averaging ten percent (10%) of the time. Anyone using their bilingual skills ten percent (10%) or more of the time will be eligible whether the employee is using them in a conversational, interpretation, or translation setting. An employee may provide their supervisor with data supporting the use of their bilingual skills ten percent (10%) or more of the time. Management will evaluate this data in assigning bilingual designation to the position. In order to receive bilingual differential pay, the position/employee must be certified by the using department and approved by CalHR. (Time should be an average of the time spent on bilingual activities during a given fiscal year).
2. The position must be in a work setting that requires the use of bilingual skills to meet the needs of the public in either:
1. A direct public contact position;
2. A hospital or institutional setting dealing with patient, client, student, or inmate needs;
3. A position utilized to perform interpretation, translation, or specialized bilingual activities for the department and its clients.
3. Position(s) must be in a setting where there is a demonstrated client or correspondence flow where bilingual skills are clearly needed.
4. Where organizationally feasible, departments should ensure that positions clearly meet the standards by centralizing the bilingual responsibility in as few positions as possible.
5. Actual time spent conversing or interpreting in a second language and closely related activities performed directly in conjunction with the specific bilingual transaction will count toward the ten percent (10%) standard.
2. Rate:
1. Effective the first pay period following ratification, an employee meeting the bilingual differential pay criteria during the entire pay period would receive a maximum of two hundred dollars ($200) per pay period including holidays.
2. A monthly employee meeting the bilingual differential pay criteria less than the entire pay period would receive the differential on a pro rata basis.
3. A fractional-month employee meeting the bilingual differential pay criteria would receive the differential on a pro rata basis.
4. Effective the first pay period following ratification, an employee paid by the hour meeting the bilingual differential pay criteria would receive a differential of one dollar and fifteen cents ($1.15) per hour.
3. Employees, regardless of the time base or tenure, who use the employee’s bilingual skills more than ten percent (10%) of the time on a continuing basis and are approved by CalHR will receive the bilingual differential pay on a regular basis.
4. Bilingual differential payments will become earnings and subject to contributions to the CalPERS, CalSTRS, OASDI (Social Security), levies, garnishments, Federal and State taxes.
5. Employees working in positions which qualify for regular bilingual differential pay as authorized by CalHR may receive the appropriate pay during periods of paid time off and absences (e.g., sick leave, vacation, holidays, etc.).
6. Employees will be eligible to receive the bilingual differential payments on the date CalHR approves the departmental pay request. The effective date may be retroactive to the date of appointment to a position requiring bilingual skills when the appointment documentation has been delayed. The effective date may be retroactive up to sixty (60) days when the incumbent’s duties are changed to include the use of bilingual skills.
7. Bilingual salary payments will be included in the calculation of lump-sum vacation, sick leave, and extra hour payments to employees terminating the employee’s State service appointment while on bilingual status.
8. WWG 2 employees will receive bilingual salary compensation for overtime hours worked.
9. Employees receiving regular bilingual differential pay will have the employee’s transfer rights determined from the maximum step of the salary range for the employee’s class. Incumbents receiving bilingual pay will have the same transfer opportunities that other class incumbents are provided.
10. The bilingual differential pay should be included in the rate used to calculate Temporary Disability, Industrial Disability, and State Disability leave benefits.
11. Employees who do not receive a bilingual differential shall not be required to use bilingual skills.

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

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

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

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

Effective the first day of the pay period following full ratification by both parties, California Department of Education employees at the State Special Schools for the Deaf (SSSD) campuses in Fremont and Riverside employees in the Support Services Assistance I (Interpreter) (9820) and Translator (5624) classifications shall receive a monthly differential of ten percent (10%) of their regular salary.

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

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

1. Upon approval by CalHR, a department may provide a monthly recruitment and retention differential to employees.
2. This differential may be authorized for specific classifications in specific geographic locations or facilities.
3. A department will provide the Union with notice when a request to provide a monthly recruitment and retention differential is made to CalHR.
4. Less than full-time permanent employees and PI employees may receive a recruitment and retention differential on a pro rata basis.
5. The amount and location of such differentials is neither grievable nor arbitrable.

1. The State shall provide to all employees, two (2) days per fiscal year (without loss of compensation) for activities such as, professional association activities, professional and/or personal development seminars, etc., to promote professional and/or personal growth and to enhance professional and/or personal goals. These activities are at the employees’ expense and therefore the choice of activity is at the employee’s discretion. This time shall be requested and approved in the same manner as vacation/annual leave. Such time shall not be accumulated.
2. To encourage employees to enhance the employee’s education expertise, Unit 21 employees shall be granted a professional development incentive of three hundred dollars ($300). Employees are entitled to receive this incentive only once, and shall be subject to the following criteria:
1. Employees must have completed at least six (6) hours of education study and/or research in order to enhance the employee’s professional capabilities.
2. Eligibility must be verified and approved by the employee’s departmental ERO/LRO. Verification will be submitted on a form provided by the State.

1. Nonnegotiable Deadline or Extreme Urgency
   
   The work must have a deadline or completion date that cannot be controlled by the employee or the employee’s supervisor, or must constitute an extreme urgency. The deadline or extreme urgency must impose upon the employee an immediate and urgent demand for the employee’s work that cannot be avoided or mitigated by planning, rescheduling, postponement or rearrangement of work, or modification of the deadline.
2. Work Exceeds Normal Work Hours and Normal Productivity
   
   The work must be extraordinarily demanding and time consuming, and of a nature that it significantly exceeds the normal workweek and work productivity expectations of the employee’s work assignment. Employees who are excluded from FLSA are expected to work variable work schedules as necessary to meet the demands of the job. This pay differential is not intended for employees who regularly or occasionally work in excess of the normal workweek to meet normal workload demands. It is intended where in addition to working a significant number of hours in excess of the normal work week, there is a demand for and achievement of greater productivity or result.
3. Work is Unavoidable
   
   The work must be of a nature that it cannot be postponed, redistributed, modified, reassigned or otherwise changed in any way to provide relief.
4. Work involves Extremely Heavy Workload
   
   The work is of a nature that it cannot be organized or planned to enable time off in exchange for the extra hours worked. The absence from work would not normally satisfy this requirement because time off can be arranged as compensation for this demand.
5. No Other Compensation
   
   The employee who is receiving this pay differential is not eligible for any other additional compensation for the type and nature of the above described work. Department decisions not to submit arduous pay requests to CalHR, and CalHR’s decisions to deny arduous pay, shall not be subject to the grievance or arbitration provisions of this Agreement.

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

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

1. Meals/Incidentals: Meal expenses for breakfast, lunch, and dinner will be reimbursed in the amount of actual expenses up to the agreed upon maximums. Receipts for meals must be maintained by the employee as substantiation that the amount claimed was not in excess of the amount of the actual expense. CalHR must comply with current IRS definition of “incidentals”. The IRS definition of “incidentals” includes fees and tips for porters, baggage carriers, and hotel staff. It does not include expenses for laundry, cleaning and pressing of clothing, taxicab fares, lodging taxes or the cost of telegrams or telephone calls.
1. Rates – Actual meal/incidental expenses incurred will be reimbursed in accordance with the maximum rates and time frame requirements outlined below:
   
   

   Breakfast up to $7.00

   Lunch up to $11.00

   Dinner up to $23.00

   Incidentals up to $5.00

   Total up to $46.00 (Every full 24 hours of travel)

   
   

2. Time Frames - For continuous short-term travel of more than twenty-four (24) hours but less than thirty-one (31) days, the employee will be reimbursed for actual costs up to the maximum for each meal, incidental, and lodging expense for each complete twenty-four (24) hours of travel, beginning with the traveler’s time of departure and return as follows:
1. On the first day of travel on a trip of more than twenty-four (24) hours:
   
   Trip begins at or before 6 a.m. breakfast may be claimed
   
   Trip begins at or before 11 a.m. lunch may be claimed
   
   Trip begins at or before 5 p.m. dinner may be claimed
2. On the fractional day of travel at the end of a trip of more than twenty-four (24) hours:
   
   Trip ends at or after 8 a.m. breakfast may be claimed
   
   Trip ends at or after 2 p.m. lunch may be claimed
   
   Trip ends at or after 7 p.m. dinner may be claimed
   
   If the fractional day includes an overnight stay, receipted lodging may be claimed. No meal or lodging expenses may be claimed or reimbursed more than once on any given date or during any twenty-four (24) hour period.
3. For continuous travel of less than twenty-four (24) hours, the employee will be reimbursed for actual expenses up to the maximum as follows:
   
   Travel begins at or before 6 a.m. and ends at or after 9 a.m. breakfast may be claimed
   
   Travel begins at or before 4 p.m. and ends at or after 7 p.m. dinner may be claimed
   
   If the trip extends overnight, receipted lodging may be claimed. No lunch or incidentals may be claimed on a trip of less than twenty-four (24) hours.
2. Lodging: All lodging reimbursement requires a receipt from a commercial lodging establishment such as a hotel, motel, bed and breakfast inn, or public campground that caters to the general public. No lodging will be reimbursed without a valid receipt.
1. Statewide, in all locations not listed in c. below, for receipted lodging while on travel status to conduct State business: With a lodging receipt: Actual lodging up to $90 plus applicable taxes and mandatory fees.
2. When employees are required to conduct State business and obtain lodging in the counties identified below, reimbursement will be for actual receipted lodging up to the below identified maximums, plus applicable taxes and mandatory fees.
   
   

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

   
   

   Reimbursement of lodging expenses in excess of specified amounts, excluding taxes requires advance written approval from CalHR. CalHR may delegate approval authority to departmental appointing powers or increase the lodging maximum rate for the geographical area and period of time deemed necessary to meet the needs of the State. An employee may not claim lodging, meal, or incidental expenses within fifty (50) miles of the employee’s home or headquarters.
3. Long-term Travel: Actual expenses for long term meals and receipted lodging will be reimbursed when the employee incurs expenses in one location comparable to those arising from the use of establishments catering to the long-term visitor. The supervisor must determine prior to the beginning of the assignment if the time away from the home or headquarters area will be more than thirty (30) days, but less than one year, Long Term Assignments (LTA) lasting longer than one year may require the long-term reimbursements to be reported as a fringe benefit.
1. Full Long-term Travel - In order to qualify for full long-term travel reimbursement, the employee on long-term field assignment must meet the following criteria:
   
   

   •	The employee continues to maintain a permanent residence at the primary headquarters, and
   •	The permanent residence is occupied by the employee’s dependents, or
   •	The permanent residence is maintained at a net expense to the employee exceeding $200 per month.

   
   The employee on full long-term travel who is living at the long-term location may claim either:
   
   

   •

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

   •

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

   
   

2. An employee on long-term field assignment who does not maintain a separate residence in the headquarters area may claim long-term subsistence rates of up to $12 for actual meals and incidentals and $12 for receipted lodging for travel of twelve (12) hours up to twenty-four (24) hours at the long-term location; either $12 for actual meals or $12 for receipted lodging for travel less than twelve (12) hours at the long-term location.
3. Employees, with supervisor’s approval, who after completing the work shift remain at the job or LTA location past the Friday twelve (12) hour clock will receive full per diem for Friday. Those staying overnight shall not receive any additional per diem regardless of the Saturday departure time. An employee returning to the temporary residence on Sunday will receive full per diem. This does not change CalHR policy regarding the per diem clock which starts at the beginning of the work shift on Monday. If the normal workweek is other than as stated above, the same principle applies.
   
   The following clarifies CalHR policy regarding an employee leaving the LTA location on personal business:
   
   The reference to leaving the LTA location for personal business and not claiming per diem or transportation expenses assumes that the employee stays overnight at a location other than the long-term accommodations.
4. Out-of-State Travel: For short-term out-of-state travel, state employees will be reimbursed actual lodging, supported by a receipt, and will be reimbursed for actual meal and incidental expenses in accordance with above. Failure to furnish lodging receipts will limit reimbursement to the meal/incidental rate above. Long-term out-of-state travel will be reimbursed in accordance with the provisions of long-term travel above.
5. Out of Country Travel: For short-term out of country travel, State employees will be reimbursed actual lodging, substantiated by a receipt, and will be reimbursed actual meals and incidentals up to the maximums published in column (B) of the Maximum Travel per Diem Allowances for Foreign Areas, section 925, U.S. Department of State Standardized Regulations and the meal/incidental breakdown in Federal Travel Regulation Chapter 301, Travel Allowances, Appendix B. Long-term out of country travel will be reimbursed in accordance with the provisions of long-term travel above, or as determined by CalHR.
   
   Subsistence shall be paid in accordance with procedures prescribed by CalHR. It is the responsibility of the individual employee to maintain receipts for the employee’s actual meal expenses.
6. Transportation: Transportation expenses include, but are not limited to, airplane, train, bus, taxi fares, rental cars, parking, mileage reimbursement, and tolls that are reasonably and necessarily incurred as a result of conducting state business. Each state agency shall determine the necessity for travel, and the mode of travel to be reimbursed. Transportation will be accomplished and reimbursed considering both direct expense as well as the employee’s time. Provided the mode of transportation selected does not conflict with the needs of the agency, the officer or employee may use a more expensive form of transportation and be reimbursed at the amount required for a less expensive mode of travel. Both modes of transportation will be shown on the travel claim.
1. Mileage Reimbursement
1. When an employee is authorized by the employee’s appointing authority or designee to operate a privately owned vehicle on state business the employee will be allowed to claim and be reimbursed at the Federal Standard Mileage Rate (FSMR). Mileage reimbursement includes all expenses related to the use, and maintenance of the vehicle, including but not limited to gasoline, up-keep, wear and tear, tires, and all insurance including liability, collision and comprehensive coverage; breakdowns, towing and any repairs, and any additional personal expenses that may be incurred by an individual as a result of mechanical breakdown or collision.
2. When an employee is required to report to an alternative work location, the employee may be reimbursed for the number of miles driven in excess of the employee’s normal commute.
2. Private Aircraft Mileage – When an employee is authorized by the employee’s department, reimbursement for the use of the employee’s privately owned aircraft on state business shall be at the current FSMR rate per statute mile. Pilot qualifications and insurance requirements will be maintained in accordance with CalHR rule 599.628 and the State Office of Risk and Insurance Management.
3. Mileage to/from a Common Carrier – When the employee’s use of a privately owned vehicle is authorized for travel to or from a common carrier terminal, and the employee’s vehicle is not parked at the terminal during the period of absence; the employee may claim double the number of miles between the terminal and the employee’s headquarters or residence, whichever is less, while the employee occupies the vehicle. Exception to “whichever is less.” If the employee begins travel one hour or more before the employee normally leaves the employee’s home, or on a regularly scheduled day off, mileage may be computed from the employee’s residence.
7. Receipts: Receipts shall be submitted for every item of expense of $25 or more. In addition, receipts are required for every item of transportation and business expense incurred as a result of conducting state business except for actual expenses as follows:
1. Railroad and bus fares of less than $25 when travel is wholly within the State of California.
2. Street car, ferry fares, bridge and road tolls, local rapid transit system, taxi, shuttle or hotel bus fares, and parking fees of $10 or less for each continuous period of parking or each separate transportation expense noted in this item.
3. Telephone, fax, or other business charges necessary to state business of $5 or less.
4. In the absence of a receipt, reimbursement will be limited to the non-receipted amount above.
5. Reimbursement will be claimed only for the actual and necessary expenses noted above. Regardless of the above exceptions, the approving officer may require additional certification and/or explanation in order to determine that an expense was actually and reasonably incurred. In the absence of a satisfactory explanation, the expense shall not be allowed.

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

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

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

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

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

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

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

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

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

In accordance with established procedures, when requested by an employee, a department may pay the cost of replacing or repairing eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried when damaged in the line of duty without fault of the employee. If the eyeglasses, hearing aids, dentures, watches, or clothes are damaged beyond repair, the department may pay the actual value of such eyeglasses, hearing aids, dentures, watches, or clothing. The value of such eyeglasses, hearing aids, dentures, watches, or clothing shall be determined as of the time of the damage hereto.

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

1. The State shall determine what equipment, materials, and supplies are necessary for employees to perform the employee’s jobs. Such items shall, within budgetary constraints, be made available by the State.
2. Employees may request that specific business equipment, materials, and supplies be made available for the employee’s use in the job. It is the intent of the State to provide business equipment, materials, and supplies to enable the employees to perform assigned duties and responsibilities. Any denial of a request shall be provided in writing to the employee.
3. Employees issued State provided items shall be held responsible for loss and/or damage due to negligence.

1. In recognition of the professional nature of Unit 21 employees, each department, commission, board, or agency shall reimburse a Unit 21 employee for up to two hundred dollars ($200) per fiscal year for membership dues in job-related professional societies or associations.
2. As departmental technology becomes accessible, the State shall provide online access to professional journals or publications available through the State Library.

The State agrees to reimburse Unit 21 employees up to a maximum of two hundred dollars ($200) per fiscal year for job-related credentials, licenses, and/or certificates. Credential and licenses must be issued by a State agency. Reimbursements for certificates must be approved by management.

1. Each department will reimburse a permanent employee for filing and examination fees associated with obtaining the appropriate commercial driver’s license and endorsement(s) if the employee is: (1) in a classification that requires the operation of equipment which requires either a Class A or Class B commercial driver’s license and any endorsement(s), or (2) the classification designated by the department requires the employee to upgrade the employee’s driver’s license to a Class A and/or Class B commercial driver’s license and any endorsement(s), or (3) in a classification where a Class A and/or Class B commercial driver’s license is an additional desirable qualification, provided:
1. The employee is authorized at least ten (10) work days in advance by the employee’s supervisor to take the examination;
2. The employee has a valid, current medical certification acceptable to the DMV.
3. The employee successfully passes the required examination and is issued the license and appropriate endorsement(s).
2. Employees applying for renewal or reinstatement of a license due to an illegal violation will not be reimbursed for any costs associated with obtaining a license as required by DMV.
3. The State will not pay any additional cost incurred as a result of an employee’s failure to pass the written and/or performance test within the opportunities allowed by the original application fee.
4. Reimbursement for commercial driver’s license fees paid by an employee will be for that portion of the commercial driver’s license fee (including the cost of endorsement(s) required by the appointing power) which exceeds the cost of the regular noncommercial Class C driver’s license, provided the employee applies for the required license and any required endorsement(s) simultaneously. If an employee fails to take all required extras simultaneously, reimbursement will not exceed the cost that would have been incurred had the tests been taken simultaneously.

The State agrees to pay the cost of medical examinations for employees required to have either a Class A or Class B driver’s license, provided the employees either receive the employee’s exams from a contractor physician or clinic, or are specifically authorized in advance to be examined by the employee’s personal physician, and to be reimbursed for the cost upon presenting a voucher from the examining physician. The State will pay the cost of a second medical examination and/or referrals by the examining physician, not to exceed the cost of the first medical examination provided that:

1. The employee fails the first medical examination, or the certification submitted is not accepted by DMV;
2. A second medical examination is authorized and conducted; and
3. The second medical certification is accepted by DMV. The State will not reimburse the employee for a second medical examination that sustains the results of the first. Costs for additional medical reexamination shall be the responsibility of the affected employee.

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

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

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

Meetings between employees and management concerning unsatisfactory work performance or work-related problems should, whenever practicable, be held in private or in a location sufficiently removed from the hearing and visual range of other persons. The Union recognizes that the circumstances of the situation may require an immediate response from management, and thereby preclude privacy. However, if an immediate response is not necessary, arrangements will be made for a private meeting.

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

1. The performance appraisal system of each department may include an annual written performance appraisal and an individual development plan for permanent employees. Such performance appraisals may be completed at least once each twelve (12) calendar months after an employee completes the probationary period for the class in which the employee is serving.
2. In general, in the absence of any current annual performance appraisal or performance evaluation material to the contrary, the employee’s performance shall be deemed to be satisfactory.
3. When a Unit 21 civil service employee receives substandard ratings in a majority of the performance factors, the employee may grieve the content of the employee’s performance appraisal through the third step of the grievance procedure which shall be the final step of appeal.
4. When a department intends to establish a new performance appraisal system or make major modifications in the department’s existing performance appraisal system, the Union will be notified and given the opportunity to meet and confer over the impact of the change(s) pursuant to section 24.1 (Entire Agreement).

1. The State agrees to reimburse Unit 21 employees for expenses incurred as a result of satisfactorily completing training or education courses required by a department to assure adequate performance. Such reimbursement shall be limited to:
1. Tuition and/or registration fees;
2. Cost of course-required books;
3. Transportation or mileage expenses;
4. Toll and parking fees; 
5. Lodging and subsistence expenses.
   
   Where applicable, reimbursement rates for the above expenses shall be in accordance with Article 12, section 12.1 of this Contract.
2. An employee may receive reimbursement for tuition or other necessary expenses only if application is made prior to enrollment in an out-service training program or when the employer has requested the employee attend.
3. An employee who does not satisfactorily complete an out-service training assignment shall not be eligible for reimbursement of tuition and other necessary expenses and shall agree to return any advance payment received. However, the employee or the employee’s estate shall receive reimbursement for tuition and other necessary expenses: (a) at the convenience of the State, provided that the training facility reports satisfactory performance by the employee during the assignment; or (b) because of death, prolonged illness, disability or other event beyond the control of the employee.
4. Training mandated by the department head or designee shall not be deducted from educational leave balances unless as a result of section E below. However, it is the employee’s responsibility to maintain a valid credential as a condition of employment.
5. When a Unit 21 employee is required to obtain an additional, new or modified credential, the affected department will meet in good faith upon request of the Union, to explore procedures and methods of obtaining such new or revised credentials.

1. The Committee will consist of equal numbers of management and Union representatives. However, there shall not be more than five (5) management representatives and five (5) Union representatives, unless increased by mutual agreement. The committee will meet on a quarterly basis and the meeting agenda will be established 30 days in advance of the meeting via conference call. The agenda will include discussion topics and identification of possible management attendees.
2. Committee recommendations, if any, will be advisory in nature.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

   Retirement Age and Percentage Formulas

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Employees who are members of the Public Employees’ Retirement System (PERS) will be covered under the Fifth Level of the 1959 Survivor Benefit, which provides a death benefit in the form of a monthly allowance to the eligible survivor in the event of death before retirement. This benefit will be payable to eligible survivors of current employees who are not covered by Social Security and whose death occurs on or after the effective date of the Memorandum of Understanding for this section.
2. Pursuant to Government Code section 21581(c), the contribution for employees covered under this new level of benefits will be two dollars ($2) per month as long as the combined employee and employer cost for this program is four dollars ($4) per month or less per covered member. If the total cost of this program exceeds four dollars ($4) per month per member, the employee and employer shall share equally in the cost of the program.
   
   The rate of contribution for the State will be determined by the PERS board.
3. The survivors’ benefits are detailed in the following schedule:
   
   

   1.	A spouse who has care of two (2) or more eligible children, or three (3) or more eligible children not in the care of spouse	$1,800
   2.	A spouse with one eligible child, or two (2) eligible children not in the care of the spouse	$1,500
   3.	One (1) eligible child not in the care of the spouse; or the spouse, who had no eligible children at the time of the employee’s death, upon reaching age 60	$750

   
   

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

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

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

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

   
   *Notwithstanding any other provision, an employee can only accrue up to eight (8) hours of holiday credit per holiday.
2. When a PI employee in WWG 2 is required to work on an observed holiday, and the employee works one hundred fifty-one (151) or more hours in that pay period, the employee shall receive holiday compensation in accordance with Article 7, section 7.1(G).
3. A PI employee will be eligible for a Personal Holiday (PH) following the completion of the employee’s initial nine hundred sixty (960) hours of compensated work. A PI employee will be eligible for a PH each July 1st thereafter and may accrue only one PH per fiscal year. A PI will receive paid time off for a PH on a pro rata basis as provided in the chart above, based upon the number of hours worked in the pay period during which the PH is taken.
6. Bereavement Leave – A PI employee may only be granted bereavement leave in accordance with Article 8, section 8.3, if scheduled to work on the day(s) for which the leave is requested and only for the number of hours the employee is scheduled to work on the day or days. A PI employee shall not be removed from scheduled work hours because the employee is on bereavement leave.
7. Jury Duty – A PI employee shall only be granted jury duty leave in accordance with section 8.14 if the employee is scheduled to work on the day(s) in which the service occurs and only for the number of hours the employee is scheduled to work on the day or days. If payment is made for such time off, the employee is required to remit to the State the fee(s) received. A PI employee shall not be removed from scheduled work hours because the employee is on jury duty. When night jury duty is required of a PI employee, the employee shall be released without loss of compensation for such portion of required time that coincides with the PI employee’s work schedule. This includes any necessary travel time.
8. State Disability Insurance (SDI) – PI employees shall be covered under the SDI benefit in accordance with section 9.17.
9. Mentoring Leave – A PI employee shall be eligible for mentoring leave in accordance with Article 8, section 8.17, Mentoring Leave.
7. Monthly paid PI employees shall be paid by the 15th of each month.
8. Health/Dental/Vision Benefits – A PI employee will be eligible for these benefits if the employee has been credited with a minimum of four hundred eighty (480) paid hours in one (1) of two (2) control periods. To continue benefits, a PI employee must be credited with a minimum of four hundred eighty (480) paid hours in a control period or nine hundred sixty (960) paid hours in two (2) consecutive control periods. For the purposes of this section, the control periods are January 1 through June 30 and July 1 through December 31 of each calendar year. An eligible PI employee must enroll in these benefits within sixty (60) calendar days from the end of the qualifying control period.
9. PI employees will be entitled to continuation of health, dental, and vision benefits pursuant to Public Law 99-272, Title X, COBRA.
10. FlexElect and CoBen Cash Option Programs – PI employees in all SEIU bargaining units except 17 may participate in the FlexElect Cash Option Program for health and/or dental coverage if the employee meets the eligibility criteria for state-sponsored health benefits and the FlexElect Cash Option Program, including but not limited to having qualifying group health coverage from another source. Bargaining Unit 17 PI employees may participate in the CoBen Cash Option Program for health or health and dental coverage if the employee meets the eligibility criteria for state-sponsored health benefits and the CoBen Cash Option Program, including but not limited to having qualifying group health coverage from another source. PI Employees enrolled in Tricare, Medicare, Medi-Cal, Covered California, and other forms of individual health coverage, as defined by CalHR, are not eligible to participate or enroll in the CoBen or FlexElect Cash Options. PI employees choosing the FlexElect or CoBen Cash Option Program must also meet all of the following criteria:
1. must be eligible to enroll in health and/or dental coverage as of January 1 of the Plan Year for which the employee is enrolling and;
2. must have a PI appointment that is effective from January 1 through June 30 of the Plan Year for which the employee is enrolling and;
3. must be credited for at least four hundred eighty (480) paid hours during the January through June control period of the Plan Year for which the employee is enrolling and;
4. must have submitted the enrollment form during the FlexElect or CoBen open enrollment period or as newly eligible. This subdivision is not grievable or arbitrable.
11. The call-in/scheduling of a PI employee and the hours of work an individual PI employee may receive shall be applied without prejudice or personal favoritism. Each work site shall post the PI schedule and record of PI hours worked per week on an ongoing and weekly basis.
12. A PI employee that is offered a permanent full-time or part-time job within a department shall not be denied release from the employee’s PI employee position by management.
13. All remaining conditions of employment that relate to the PI employee shall be administered in accordance with existing rules and regulations, unless modified by this Contract.

1. Employees in Work Week Group (WWG) 2 required to work in excess of forty (40) hours per week shall be compensated for such ordered overtime either by cash payment or compensating time off (CTO) in the following manner:
1. Cash compensation shall be at one and one-half (1½) times the hourly rate.
2. Compensating time off shall be authorized at one and one-half (1½) hours for each overtime hour worked.
3. Employees in classes assigned to WWG 2 shall be compensated for ordered overtime of at least one-quarter (¼) hour at any one time. Overtime will be credited on a one-quarter (¼) hour basis with a full quarter of an hour credit granted if half or more of the period is worked. Smaller fractional units will not be accumulated.
2. Overtime may be compensated on a cash or CTO basis at the discretion of the department head or designee. Both parties agree and understand that a different type of overtime payment (cash or CTO) may be provided to employees at different times and may even be different for employees in the same or similar situations.
3. Notwithstanding any other provision of the MOU, 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, compensated time off, or any other leave shall not be considered as time worked by the employee for the purpose of computing cash or compensating time off for overtime.
4. Notwithstanding any other contract provision, departmental policy or practice, the travel time of employees who are covered by FLSA shall only be considered as time worked if it meets the definitions and requirements of travel time in sections 785.41 of Title 29 of the Code of Federal Regulations.
5. No employee in a classification assigned to WWG E shall have the employee’s salary reduced (docked) for absences of less than an entire day.

1. An employee may be granted a rest period on State time not to exceed fifteen (15) minutes each four (4) hours of the employee’s work shift not to exceed thirty (30) minutes each workday. A rest period will not normally be granted during the first or last hour of the work shift. An employee shall be permitted to leave the employee’s work area during the rest period. Employees in twenty-four (24) hour institutions, hospitals, State Special Schools, or Developmental Centers may be required to notify the employee’s supervisors before leaving the employee’s work area and inform them of the employee’s location for the rest period.
2. An additional five (5) minute break per continuous hour of work on a computer shall be granted to an employee in an hour when no other break or rest period has been granted. Upon the Union’s request, the State shall consider permitting other employees the additional rest periods.
3. Rest periods may not be accumulated nor may rest periods be used to “make-up” time.

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

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

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

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

1. Except in emergencies, the State shall provide fourteen (14) calendar days advance notice of permanent shift changes so that the employee has an opportunity to reschedule the employee’s obligations.
2. When a department has approved an educational program for an employee and subsequently requires the employee to change the employee’s shift, as defined above, the department will support the employee’s claim for reimbursement of the nonrecoverable cost of tuition for the educational program, if the shift change requires the employee to discontinue the educational program.

1. Management determines, consistent with the current MOU’s, the products, services, and standards which must be met by FLSA-exempt employees.
2. The salary paid to FLSA-exempt employees is full compensation for all hours worked in providing the product or service.
3. FLSA-exempt employees are not authorized to receive any form of overtime compensation, whether formal or informal.
4. FLSA-exempt employees are expected to work within reason as many hours as necessary to accomplish the employee’s assignments or fulfill the employee’s responsibilities.
5. Consistent with the services which management has determined must be provided, FLSA-exempt employees are to be given discretion in establishing the employee’s work hours. Employees are responsible for keeping management apprised of the employee’s schedule and whereabouts, must receive approval from management for the use of formal leave (e.g., vacation, sick leave, personal leave) and for absences of one day or more, and must respond to directions from management to complete work assignments by specific deadlines.
6. Consistent with the salaried nature of FLSA-exempt employees, these employees:
1. Shall not be charged any paid leave for absences in less than whole day increments.
2. Shall not be docked for absences of less than a day.
3. Shall not be suspended for five (5) days or less when facing discipline.
4. Shall not have absences of less than a day recorded for attendance, record keeping, or compensation purposes.
5. May be allowed, with approval of appointing power, absences with pay for one or more whole days due to excessive work load or other special circumstances not defined in the employee’s duty statement.

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

   1.	The employee is required to have the designated commercial driver’s license and endorsement(s);
   2.	The examination is scheduled during the employee’s scheduled work hours;
   3.	The examination does not interfere with operational needs of the department; and
   4.	The employee has a valid current medical certification, acceptable to DMV.

   
   If medical certification provided by a department designated contractor physician or clinic is rejected by DMV on the date scheduled for examination that requires an employee to schedule an additional medical examination date, the employee shall be granted reasonable release time for the subsequent date, in accordance with the requirements specified above.
2. Upon ten (10) work days’ notice, the department will allow the employee to use a State vehicle or equipment appropriate for the license examination. It is understood by the parties, that use of the equipment or vehicle may be delayed for operational reasons.
3. Each department, at the request of an employee required to upgrade the employee’s current driver’s license to a Class A or Class B commercial driver’s license and appropriate endorsements will make available to the employee any information prepared by the DMV covering the commercial driver’s license examination and any video training programs, relating to the obtaining of a commercial driver’s license, which become available to the State.

1. Telework is defined as performing work one (1) or more days per pay period away from the worksite to which the employee is normally assigned. Such locations must be within a preapproved work space and during preapproved work hours inside the teleworker’s residence, telework centers, or other offices of the State, as approved pursuant to the department’s telework policy and guidelines.
2. Where operational considerations permit, a department may establish a telework program. If the telework arrangement conforms to telework criteria established in the department’s telework policy and guidelines, no employee’s request for telework shall be unreasonably denied. Such programs shall operate within the guidelines established by the Statewide Telework Policy, State Administrative Manual section 181.
3. Formal written telework or telecommuting policies and programs already adopted by departments before the date of this Contract will remain in effect during the term of this Contract. Upon the request of the Union, the departments will provide a copy of the department’s formal written telework policy.
4. Departments that desire to establish a telework or telecommuting policy and/or program or departments desiring to change an existing policy and/or program shall first notify the Union. Within thirty (30) calendar days of the date of such notification, the Union may request to meet and confer over the impact of a telework or telecommuting policy and/or program or change in an existing telework or telecommuting policy and/or program. Items of discussion may include concerns of layoff as a result of a telecommuting/telework program, performance or productivity expectations or standard changes; access to necessary office space in the State worksites on non-telecommuting days; and equipment, supplies, phone lines, furniture, etc.
5. Any denial of requests made under subsection B shall be provided in writing. A copy of the written denial shall also be sent Attn: SEIU Local 1000 Headquarters.

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

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

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

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

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

   
   

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

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

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

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

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

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

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

Date: March 5, 2007

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

Subject: Side Letter Regarding Access

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

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

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

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

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

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

Attachment

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

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

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

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

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

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

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

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

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

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

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

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

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

The parties agree to use gender neutral pronouns throughout the provisions of this Contract. By changing these pronouns to make them gender neutral, neither party intends any change to the intent of the language or past practice. 

The Public Employee Communication agreement dated April 5, 2018 shall remain in effect.

In support of Article 8.32 of this Memorandum of Understanding, the State and the Union agree to continue paragraphs 3.1, 4, 6, 7, 8, 9, 12, 14, and the Dispute Resolution Process of the attached Side Letter through the duration of the Agreement. All other provisions of the Side Letter shall be of historical significance only. If the MOU conflicts with any of the above cited paragraphs of the Side Letter, the MOU shall control.

The parties recognize that during the term of this Agreement Departments/Agencies names may change and may be modified in this Agreement accordingly.

Once a year, the Union may request a department to provide information regarding the physical location (e.g., division, floor, yard, building, cubicle, etc.) of SEIU 1000 represented employees at any worksite. When possible this information shall be provided electronically.

Departments are not requested to create the information requested. The department will provide information if it already exists or is currently maintained.

This provision is not subject to the grievance and arbitration procedure of this Contract.

If any existing Contract language was not rolled over, the parties will meet and rollover the language.

Any provisions of the Contract that are not addressed through these negotiations will be rolled over and incorporated into the MOU.