HomeMy WebLinkAboutMINUTES - 08161994 - 1.5 (2) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 16 , 1994 by the following vote:
AYES: Supervisors Bishop, De Saulnier, Torlakson and Powers
NOES: None
ABSENT: None_---
ABSTAIN: Supervisor Smith
S U BJ ECT:
In the Matter of Amending Personnel )
Management Regulations to Conform ) Resolution No. 94/ 416
to MOU Agreements )
WHEREAS, the Contra Costa County Board of Supervisors, as governing body of
the County and the various special districts included within the County's merit
system or within their own merit system operating under the rules of the County
merit system, has met and conferred with the County Labor Coalition and with
other unions not participating in the Labor Coalition about modifications to the
County's leave of absence regulations in order to conform them to recent
changes in the state and federal laws, and about modification to the County's
layoff and reemployment regulations in order to instigate the impact of
reductions in force; NOW THEREFORE:
THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS hereby resolves that
the County's Personnel Management Regulations governing merit system
employment are hereby amended as shown on Attachment A.
THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS hereby further
resolves that Attachment A, Sections 1006.0 ff., implementing the state and
federal family and medical leave legislation, except for Section 1006.7's
reference to Layoff and Seniority provisions of the Personnel Management
Regulations (Part 12), shall also apply to all exempt employees of the County.
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supe ors on the ate shown.
ATTESTED:
PHIL BATCHOR,Clerk of the Board
O rvisors County Ad inlstrator
0
By ,Deouty
Orig. Dept: Personnel (6-4064)
cc: Employee Relations Division
Auditor-Controller/Payroll
All Departments - via Personnel
All Employee Organizations -via Personnel
Attachment A. Amendment to County Personnel Management Regulations Res.No.94/tom&
PERSONNEL MANAGEMENT REGULATIONS
616. Duration of Layoff and Reemployment Rights. The name of any person granted
reemployment privileges shall continue on the appropriate list for a period of two (2)
years. Persons placed on layoff lists shall continue on the appropriate list for a period
of four (4) years.
617. Removal of Names From Re-Employment and Layoff Lists.
617.1 The Director of Personnel may remove the name of any eligible from a re-
employment or layoff list for any reason listed below:
a. For any cause stipulated in Section 404.1 of the Personnel Management
Regulations.
b. On evidence that the eligible cannot be located by postal authorities.
c. On receipt of a statement from the appointing authority or eligible that the
eligible declines certification or indicates no further desire for appointment in the
class.
d. If three offers of permanent appointment to the class for which the eligible list
was established have been declined by the eligible.
e. If the eligible fails to respond to the Director of Personnel or the appointing
authority within ten (10) days to written notice of certification mailed to the
person's last known address.
617.2 If the person on the reemployment or layoff list is appointed to another position
in the same or lower classification, the name of the person shall be removed.
617.3: However, if the first permanent appointment of a person on a layoff-fist is to a
lower class which has a top step salary lower than the top step of the class from which
the person was laid off, the name of the person shall not be removed from the layoff list
Any subsequent appointment of such person from the layoff list shall result in removal
of that person's name.
618. Special Employment Lists: The County will establish an Employment Pool with
will include the names of all laid off County employees. Special employment lists for
job classes may be established from the pool. Persons placed on a special employment
list must meet the minimum qualifications for the class. An appointment from such a
list will not affect the individual's status on a layoff list(s).
721. Removal of Names from Re-employment and Layoff Certifications The Director
of Personnel may remove the name of any eligible from a reemployment or layoff
certification if the eligible fails to respond within five (5) days to a written notice of
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Attachment A Amendment to County Personnel Management Regulations Res.No.94/'
certification mailed to the person's last known address.
1003.1 Reassignment of Laid Off Employees: Employees who displaced within the
same classification from full time to part time or intermittent status in a layoff, or who
voluntarily reduced their work hours to reduce the impact of layoff, or who accepted
a position of another status than that from which they were laid off upon referral from
the layoff list.may request reassignment back to their pre-layoff status(full time or part
time or increased hours). The request must be in writing in accord with each
department's reassignment bid or selection process. Employees will be advised of the
reassignment procedure to be followed to obtain reassignment back to their former
status at the time of the workforce reduction. The most senior laid off employee in this
status who requests such a reassignment will be selected for the vacancy; except when
a more senior laid off individual remains on the layoff list and has not been appointed
back to the class from which laid off, a referral from the layoff list will be made to fill
the vacancy.
1201.1. Notice: The County will give employees scheduled for layoff at least ten (10)
work days' notice prior to their last day of employment; or 14 calendar days' notice for
employees on a work schedule other than 5-40 per week:
1006.0. Leave Without Pay. Any employee who has permanent status may be granted
a leave of absence without pay upon written request; approved by the appointing
authority; provided, however, that leaves for pregnancy, pregnancy disability, serious
health conditions, and family care shall be granted in accordance with applicable state
and federal law.
1006.1. General Administration - Leaves of Absence Requests for leave.of absence
without pay shall be made upon forms prescribed by the Director of Personnel and shall
state specifically the reason for the request, the date when it is desired to begin the
leaves and the probable date of return _
A. Reasons for Leave Without Pay. Leave without pay may be granted for any
Of the following reasons:
1. Illness, disability, or serious health condition;
2. Pregnancy or pregnancy disability;
3. Family care;
4. To flake a course of study such as will increase the employee's
usefulness
on return to the position;
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Attachment A Amendment to County Personnel Management Regulations Res.No.94/
5. For other reasons or circumstances acceptable to the appointing
authority.
B. Request for Family Care Leave. An employee must request family care leave
at least 30 days before the leave is to begin if the need for the leave is foreseeable.
If the need is not foreseeable, the employee must provide written notice to the
employer within five (5) days of learning of the event by which the need for
family care leave arises.
C. A leave without pay may be for a period not to exceed one (1) year, provided
the appointing authority may extend such leave for additional periods. The
procedure in granting extensions shall be the same as that in granting the original
leave provided that the request for extension must be made not later than thirty
(30) calendar days before the expiration of the original leave.
D Nevertheless, a leave of absence for the employee's serious health condition
or for family care shall be granted to an employee who so requests it for up to
18 weeks in each calendar year period in accord with Section 1006.3 below.
E. Whenever an employee who has been granted a leave without pay desires to
return before the expiration of such leave,the employee shall submit a request to
the appointing authority in writing at least fifteen (15) days in advance of the
proposed return Early return is subject to prior approval by the appointing
authority. The Personnel Department shall be notified promptly of such return.
F. Except in the case of leave of absence due to family care, pregnancy,
pregnancy disability, illness, disability, or serious health condition, the decision
of the appointing authority granting or denying leave or early return from leave
shall be subject to appeal to the Personnel Director .and not subject to appeal
through the grievance procedure set forth in this Memorandum of Understanding.
1006.2 Nfilitaa Leave. Any employee in the merit system and who is required to
serve as a member of the state militia or the United States Army, Navy, Air Force,
Marine Corps,Coast Guard or any division thereof, shall be granted a military leave for
the period of such service, plus ninety(90) days. An employee who volunteers for such
service shall be granted a leave of absence if necessary in accordance with applicable
state or federal laws. Upon the termination of such service or upon honorable discharge,
the employee shall be entitled to return to the position from which granted leave in the
classified service provided the position still exists and the employee is otherwise
qualified, without any loss of standing of any kind whatsoever.
A. Military Leave and Employee Righfs. An employee who has been granted a
Military leave shall not suffer loss of vacation,holiday, or sick leave credits which
have accrued to the employee at the time leave is granted, but shall not accrue
vacation or sick leave credits while on unpaid military leave. Employees on
military leave shall not be prejudiced with reference to salary adjustments or
continuation of employment For purposes of determining eligibility for salary
adjustments or seniority in case of layoff or promotional examination, military
leave shall be considered as time in County service.
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Attachment A. Amendment to County Personnel Management Regulations Res.No.94/
R Proof of 1VTilitarV Service. An employee who has been granted a military leave
may,upon return,be required to furnish proof of performance of military service
or of honorable discharge.
1006.3. Family Care Leave or Medical Leave. Upon request to the appointing authority,
in each calendar year any employee who has permanent status shall be entitled to at
least eighteen(18) weeks (less if so requested by the employee) leave for.
A. Medical leave of absence for the employee's own serious health condition
which makes the employee unable to perform the functions of the employee's
position; or
R Family care leave of absence without pay for reason of the birth of a child of
the employee, the placement of a child with an employee in connection with the
adoption or foster care of the child by the employee, or the serious illness or
health condition of a child, parent, spouse, or domestic partner of the employee.
C The employee may be asked to provide certification of the need for family
care leave or medical leave. Additional period(s) of family care or medical leave
may be granted by the appointing authority.
D The 18 weeks' entitlement may be in broken periods, intermittently on a
regular or irregular basis, or may include reduced work schedules depending on
the specific circumstances and situations surrounding the request for leave. The
18 weeks may include use of appropriate available paid leave accruals when
accruals are used to maintain pay status, but use of such accruals is not required
beyond that specified in Section 7 below. When paid leave accruals are used for
a medical or family care leave, such time shall be counted as a part of the 18
week entitlement.
E. In the situation where husband and wife are both employed by the County,
the family care or medical leave entitlement based on the birth, adoption or foster
care of a child is limited to an aggregate for both employees together of 18 weeks
during each calendar year period. Employees requesting family care leave are
required to advise their appointing authority(ies) when their spouse is also
employed by the County.
F. For medical and family care leaves of absence under this section, the following
definitions apply:
1. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee or a child who is under 18 years of age for whom an employee
stands in loco parentis or for whom the employee is the guardian or
conservator or an adult dependent child of the employee.
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Attaclunent A. Amendment to County Personnel Management Regulations Res.No.94/ '
2 Parent: A biological, foster, or adoptive parent, a stepparent, legal
guardian, conservator, or other person standing in loco parentis to a child.
3. oSuse. A partner in marriage as defined in California Civil Code
Section 4100.
4. Domestic Partner: An unmarried person,, eighteen (18) years or
older, to whom the employee is not related and with whom
the employee resides and shares the common necessities of life.
5. Serious health condition: An illness, injury, impairment, or physical or
mental condition which warrants the participation of a family
member to provide care during a period of treatment or supervision and
involves either inpatient care in a hospital, hospice or residential health
care facility or continuing treatment or continuing supervision by a health
care provider (eg. physician or surgeon) as defined by state and federal
law.
6. Certification for Family Care Leave. A written communication to the
employer from a health care provider of a person for whose care the
leave is being taken which need not identify the serious health condition
involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
b. the probable duration of the condition;
c. an estimate of the amount of time which the employee needs to
render care or supervision;
d. a statement that the serious health condition warrants the
participation of a family member to provide care during a period of
treatment or supervision;
e. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or reduced
leave schedule is necessary for the care of the individual or will
assist in their recovery, and its expected duration.
7. Certification for Medical Leave: A written communication from a
health care provider of an employee with a serious health condition or
illness to the employer, which need not identify the serious health
condition involved, but shall contain:
a. the date, if known, on which the serious health condition
commenced;
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Attachment A Amendment to County Personnel Management Regulations Res. No.94/
b. the probable duration of the condition;
c. a statement that the employee is unable to perform the functions
of the employee's job;
d. if for intermittent leave or a reduced work schedule leave, the
certification should indicated the medical necessity for the
intermittent leave or .reduced leave schedule and its expected
duration;
8. Comparable Position A position with the same or similar duties and
pay which can be performed at the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job assignment will be the same
duties in the same program area located in the same city,although specific clients,
caseload, co-workers, supervisor(s), or other staffing may have changed during
an employee's leave.
1006.4 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used
as provided for in County Administrative Bulletins and Memoranda of Understanding
on Sick Leave Use for Pregnancy Disability, that time will not be considered a part of
the 18 week family care leave period.
1006.5 Coup Health Plan Coverage. Employees who were members of one of the
group health plans prior to commencement of their leave of absence can maintain their
health plan coverage with the County contribution by maintaining their employment in
pay status as described in Section 1006.6. During the 18 weeks of an approved medical
or family care leave under Section 1006.3 above, the County will continue its
contribution for such health plan coverage even if accruals are not available for use to
maintain pay status as required under Section 1006.6. In order to maintain such
coverage, employees are required to pay timely the full employee contribution to
maintain their group health plan coverage, either through payroll deduction or by
paying the County directly.
1006.6 Leave Without Pay - Use of Accruals. - .-
A.All Leaves of Absence. During the first twelve (12) month period of any leave
of absence without pay, an employee may elect to maintain pay status each
month by using available sick leave (if so entitled under County Administrative
Bulletins and Memoranda of Understanding on Policies Governing the Use of
Paid Sick Leave), vacation, floating holiday, compensatory time off or other
accruals or entitlements; in other words, during the first twelve (12) months, a
leave of absence without pay may be "broken" into segments and accruals used
on a monthly basis at the employee's discretion. After the first twelve (12)
months, the leave period may not be "broken" into segments and accruals may
not be used, except when required by LTD Benefit Coordination or SDI/Sick
Leave Integration or as provided in the sections below.
B. Family Care or Medical Leave. During the 18 weeks of an approved medical
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Attachment A: Amendment to County Personnel Management Regulations Res.No.94/'
or family care leave, if a portion of that leave will be on a leave of absence
without pay, the employee will be required to use at least 0.1 hour of sick leave
(if so entitled under County Administrative Bulletins and Memoranda of
Understanding on Policies Governing the Use of Paid Sick Leave), vacation,
floating holiday, compensatory time off or other accruals or entitlements if such
are available, although use of additional accruals is permitted under subsection
A above.
C Leave of Absence/Long Term Disability (I.TD) Benefit Coordination An
eligible employee who files an LTD claim and concurrently takes a leave of
absence without pay will be required to use accruals as provided in Section B
herein during the 18 weeks entitlement period of a medical leave specified in
Section 1006.3 above. If an eligible employee continues beyond the 18 weeks
entitlement period on a concurrent leave of absence/LTD claim, the employee
may choose to maintain further pay status only as allowed under subsection A
herein.
D Sick leave accruals may not be used during any leave of absence, except as
allowed under County Administrative Bulletins and Memoranda of
Understanding on Policies Governing the Use of Paid Sick Leave.
1006.7 Leave of Absence Replacement and Reinstatement. Any permanent employee
who requests reinstatement to the classification held by the employee in the same
department at the time the employee was granted a leave of absence, shall be reinstated
to a position in that classification and department and then only on the basis of
seniority. In case of severance from service by reason of the reinstatement of a
permanent employee, the provisions of Part 12 (Layoff and Seniority) shall apply.
1006.8 Reinstatement from Family Care Medical Leave. In the case of a family care or
medical leave, an employee on a 5/40 schedule shall be reinstated to the same or
comparable position if the return to work is after no more than 90 work days of leave
from the initial date of a continuous leave, including use of accruals, or within the
equivalent on an alternate work schedule. A full time employee taking an intermittent
or reduced work schedule leave shall be reinstated to the same or comparable position
if the return to work on a full schedule is after no more than 720 hours, including use
of accruals, of intermittent or reduced schedule leave. At the time the original leave is
approved, the appointing authority shall notify the employee in writing of the final date
to return to work, or the maximum number of hours of leave, in order to guarantee
reinstatement to the same or comparable position. An employee on a schedule other than
5/40 shall have the time frame for reinstatement to the same or comparable position
adjusted on a pro-rata basis.
1006.9. Salary Review While on Leave of Absence. The salary of an employee who is
on leave of absence from a County position on any anniversary date and who has not
been absent from the position on leave without pay more than six (6) months during the
preceding year shall be reviewed on the anniversary date. Employees on military leave
shall receive salary increments that may accrue to them during the period of military
leave.
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Attachment A Amendment to County Personnel Management Regulations Res.No.94/
T 1006.10. Unauthorized Absence. An unauthorized absence from the work site or failure
to report for duty after a leave request has been disapproved, revoked, or cancelled by
the appointing authority, or at the expiration of a leave, shall be without pay. Such
absence may also be grounds for disciplinary action
1006.11 No Vacation and Sick Leave Accruals. An employee who is on leave without
pay, or who is otherwise absent without pay, shall not accrue vacation or sick leave
during such time.
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