HomeMy WebLinkAboutMINUTES - 12032013 - D.5RECOMMENDATION(S):
ADOPT Resolution No. 2013/437 approving the Memorandum of Understanding between Contra Costa County and
Physicians’ and Dentists’ Organization of Contra Costa, implementing negotiated wage agreements, grievance
settlement, and other economic terms and conditions of employment, for the period of October 1, 2008 through
October 31, 2016.
FISCAL IMPACT:
The terms and conditions set forth in this action have an estimated FY 2013/14 cost of $860,000; FY 2014/15 cost of
$1.7 million; FY 2015/16 cost of $2.3 million; FY 2016/17 cost of $4.1 million; and on-going cost of $4.8 million.
The result of the pay-go health plan changes is approximately $117,000 annually. A Government Code section 7507
report will be presented to the Board in the Spring of 2014, prior to the implementation of health care changes in
2015, with the post employment benefit impacts for the prospective changes.
BACKGROUND:
The Physicians’ and Dentists’ Organization of Contra Costa (PDOCC) have reached a Tentative Agreement with the
County that was ratified by PDOCC on November 7, 2013. The resulting Memorandum of Understanding, which is
attached, includes modifications to wages and benefits. In summary, these changes are:
•
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/03/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Ted Cwiek,
925-335-1766
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: December 3, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller, Harjit S. Nahal, Assistant Auditor-Controller, Marilyn Leedom, Chief Executive Officer/CCCERA
D.5
To:Board of Supervisors
From:Ted Cwiek, Human Resources Director
Date:December 3, 2013
Contra
Costa
County
Subject:Memorandum of Understanding with Physicians' and Dentists' Organization of Contra Costa
BACKGROUND: (CONT'D)
Term – Section 35.4
• The term of the agreement is from October 1, 2008 through October 31, 2016.
• Salaries – Section 5
• The base rate of pay for all classifications represented by PDOCC will be increased as follows:
o Effective March 1, 2014, a 3% wage increase
o Effective November 1, 2015, a 3% wage increase
o Effective October 31, 2016 (at 11:59 pm) a 4% wage increase
• Permanent full time and part time employees will receive the following additional longevity differentials:
o Effective November 1, 2013, an additional two and one-half percent (2.5%) after fifteen (15) years
of County service
o Effective November 1, 2014, an additional two and one-half percent (2.5%) after twenty (20) years
of County service
• Newly hired members who begin work other than July 1 of each year, receive a reduced stipend based
upon the monthly pro-rata portion of the year worked for the $500 annual clinic stipend and the $2000
annual clinic stipend.
• Effective November 1, 2013 Steps 1 and 2 of the current salary range for Exempt Medical Staff Physician
(VPW9), Exempt Medical Staff Dentist (VPW0) and Exempt Medical Staff Dental Specialist (VPV7) will
be eliminated and Steps 4, 6, 8, 10, 12, and 14 will be eliminated. All employees who are below Step 3 will
be elevated to the new Step 1 and all employees who are on an eliminated step will move to the next highest
step. The resulting salary range will then consist of Steps 1 through 7 and all employees will be paid in
accordance with the revised salary range beginning on November 1, 2013.
• Effective November 1, 2013, all “eligible professionals” (EPs) will utilize the County’s certified
Electronic Health Records (EHR) system in accordance with meaningful use requirements of the EHR
Incentive Program and Health Services Department requirements. No later than December 31, 2013, EPs
who wish to obtain an EHR incentive must register through federal and Medi-Cal systems. Beginning
January 1, 2014 and each year thereafter, EPs will reassign their EHR incentive payments to the County.
• Days and Hours of Work – Section 6
Language was added and deleted to clarify work schedules. Permanent Intermittent (hourly) employees must time
stamp in and out as they begin and end their work shifts and take meal periods. Permanent full-time and part-time
employees on a weekly schedule must report time off and time worked for special pays on the electronic
timecard. Permanent full-time and part-time employees on a monthly schedule must report start and end times
and meal breaks on each day worked, time off, and time worked for special pays on the electronic timecard.
Weekend rounding will be at the same rate of pay regardless of department. Saturday (extra) clinic pay will be the
same as Extended Evening Clinics. Panel management duties performed in excess of an employees’ designated
position hours for permanent full time and part time employees in the classification of Exempt Medical Staff
Physician (VPW9) will be paid the straight time rate of the employee’s base rate of pay for one hour and thirty
minutes for each day worked in accordance with BOS Resolution 2013/372.
• Holidays – Section 7
Language was added and deleted to clarify pay practices and time reporting for holidays.
• Health, Life and Dental Care – Section 12
Beginning on January 1 2015, and for each calendar year thereafter, the County will pay a monthly dollar
premium subsidy for each health and dental plan that is an amount equal to the actual monthly dollar premium
subsidy that is paid by the County in December 2014. The amount of the County subsidy that is paid for
employees and eligible family members for these plans will thereafter be a set dollar amount and will not be a
percentage of the premium charged by the health or dental plan.
• Retirement – Section 16
• In the General PEPRA Tier, the PEPRA retirement formula is two percent at sixty-two years of age (2%
at 62). The COLA is 2% and the disability provisions are the same as current Tier III disability provisions.
• Effective on January 1, 2015, all employees will pay one hundred percent (100%) of the employees’ basic retirement
benefit contributions determined annually by the Board of Retirement of the Contra Costa County Employees’
Retirement Association without the County paying any part of the employees’ contributions.
• Time Reporting and Pay Practices Waiver – Section 6.12
PDOCC agrees to the implementation of an Automated Timekeeping System. PDOCC waives it’s right to meet
and confer regarding any impact that may result from the County’s implementation of an automated timekeeping
system, including but not limited to changes to current departmental time reporting and pay practices. PDOCC
agrees to convert from the current payroll cycle when the County is able to upgrade the current payroll system or
implement a new County payroll system.
• Organization Recognition - Section 1
Designated terms and conditions of the MOU include the classification of Exempt Medical Staff Optometrist
(VPS1).
• Grievance Settlement - Section 2.9B
Section 2.9B of the PDOCC MOU provides that 60% of the hours worked by psychiatrists be worked by PDOCC
members. Due to market conditions, the County has not been able to comply, and a grievance was filed. The
grievance has been resolved as a part of the tentative agreement by the payment of $20,000 of lost union dues and
the inclusion of an MOU provision requiring an annual accounting of hours and payment of lost union dues.
Approval of the MOU will be considered approval of the grievance settlement agreement.
CONSEQUENCE OF NEGATIVE ACTION:
The County will continue to be out of contract with the Physicians' and Dentists' Organization of Contra Costa,
and will continue to experience recruitment and retention difficulties.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Resolution No. 2013/437
PDOCC MOU 10-1-08 thru 10-31-16
PDOCC - 1 - 2008-2016 MOU
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
AND
PHYSICIANS’ AND DENTISTS’ ORGANIZATION
OF CONTRA COSTA
This Memorandum of Understanding (MOU) is entered into
pursuant to the authority contained in Division 34 of Board of
Supervisors’ Resolution 81/1165 and has been jointly prepared
by the parties.
The Employee Relations Officer (County Administrator) is the
representative of Contra Costa County in employer-employee
relations matters as provided in Board of Supervisors'
Resolution 81/1165.
The parties have met and conferred in good faith regarding
wages, hours and other terms and conditions of employment
for the employees in units in which the Physicians’ and
Dentists’ Organization of Contra Costa (PDOCC) is the
recognized representative, have freely exchanged information,
opinions and proposals and have endeavored to reach
agreement on all matters relating to the employment conditions
and employer-employee relations covering such employees.
This MOU shall be presented to the Contra Costa Count y
Board of Supervisors, as the governing board of the County
and appropriate fire districts, as the joint recommendations of
the undersigned for salary and employee benefit adjustments
for the period commencing October 1, 2008 and ending
October 31, 2016.
DEFINITIONS
PDOCC - 2 - 2008-2016 MOU
DEFINITIONS
Appointing Authority: The Health Services Director unless
otherwise provided by statute or ordinance.
Class: A group of positions sufficiently similar with respect to
the duties and responsibilities that similar selection procedures
and qualifications may apply and that the same descriptive title
may be used to designate each position allocated to the group.
Class Title: The designation given to a class, to each position
allocated to the class, and to the employees allocated to the
class.
County: Contra Costa County.
Department Head: An assignment in which an Exempt
Medical Staff Member plans, organizes and directs the medical
practice of a particular medical service, program or clinic.
Director of Human Resources: The person designated by
the County Administrator to serve as the Assistant County
Administrator-Director of Human Resources.
Employee: A person who is an incumbent of a position or who
is on leave of absence in accordance with provisions of this
MOU and whose position is held pending his return.
Exempt: Any position which is exempt from the Merit System.
Layoff List: A list of persons who have occupied positions
allocated to a class in the merit system and who have
involuntarily separated by layoff, displacement, or demoted by
displacement, or have voluntarily demoted in lieu of layoff or
SECTION 1 - ORGANIZATION RECOGNITION
PDOCC - 3 - 2008-2016 MOU
displacement, or have voluntarily transferred in lieu of layoff or
displacement.
Permanent-Intermittent Position: Any position which
requires the services of an incumbent for an in definite period
but on an intermittent basis, as needed, paid on an hourly
basis.
Permanent Part-Time Position: Any position which will
require the services of an incumbent for an indefinite period
but on a regularly scheduled less than full time basis.
Permanent Position: Any position which has required, or
which will require the services of an incumbent without
interruption, for an indefinite period.
Position: The assigned duties and responsibilities calling for
the regular full time, part-time or intermittent employment of a
person.
Registrar: A physician designated by the appointing authority
and assigned to the Emergency Room or assigned significant
teaching and inpatient care responsibilities and who possesses
expertise in a given field and acts as a resource to his/her
colleagues.
Resignation: The voluntary termination of permanent
employment with the County.
Temporary: Any employment which will require the services
of an incumbent for a limited period of time, paid on an hourly
basis, not in an allocated positions or in permanent status.
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 4 - 2008-2016 MOU
SECTION 1 - ORGANIZATION RECOGNITION
PDOCC is the formally recognized employee organization for
the representation unit listed below, and such organization has
been certified as such pursuant to the Boar d Order dated
December 19, 1995 and the Board Order dated August 21.
2012.
The terms and conditions of this MOU are effective for the
classification of Exempt Medical Staff Optometrist (VPS1)
upon approval of this MOU by the Board of Supervisors.
Physicians’, Dentists’, and Optometrists’ Unit
SECTION 2 - ORGANIZATION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisors’
Resolution 81/1165, only a majority representative may have
dues deduction and as such PDOCC has the exclusive
privilege of dues deduction or agency fee deduction for all
employees in its units.
2.2 Agency Shop.
A. Organization Responsibility. PDOCC agrees that it has
a duty to provide fair and non-discriminatory representation to
all employees in all classes represented by PDOCC regardless
of whether they are members of PDOCC.
B. Enrollment of New Employees. The County Human
Resources Department shall monthly furnish a list of all new
hires to PDOCC. All new employees represented by PDOCC
on or after the effective date of this MOU and continuing until
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 5 - 2008-2016 MOU
the termination of the MOU, shall as a condition of employment
either:
1. Become and remain a member of PDOCC or;
2. pay to PDOCC, an agency shop fee in an
amount which does not exceed an amount which
may be lawfully collected under applicable
constitutional, statutory, and case law, and which
shall not exceed the monthly dues, initiation fees
and general assessments made during the
duration of this MOU. It shall be the sole
responsibility of PDOCC to determine an agency
shop fee which meets the above criteria; or
3. do both of the following:
a. Execute a written declaration under
penalty of perjury under the laws of the
State of California that the new employee
is a member of a bona fide religion, body
or sect which has historically held a
conscientious objection to joining or
financially supporting any public
employee organization as a condition of
employment, or that the new employee
has a bona fide religious conscientious
objection to joining or financially
supporting a public employee
organization; and
b. pay a sum equal to the agency shop fee
described in Section 2.2.B.2 to a non-
religious, non-labor, charitable fund
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 6 - 2008-2016 MOU
chosen by the employee from the
following charities: Family and Children's
Trust Fund, Child Abuse Prevention
Council and Battered Women's
Alternative.
C. Options for Current Employees. All current employees
represented by PDOCC on or after the effective date of
this MOU and continuing until the termination of the
MOU, shall as a condition of employment either:
1. remain a member of PDOCC or;
2. complete a new payroll deduction form and pay
to PDOCC, an agency shop fee in an amount
which does not exceed an amount which may be
lawfully collected under applicable constitutional,
statutory, and case law, and which shall not
exceed the monthly dues, initiation fees and
general assessments made during the duration
of this MOU. It shall be the sole responsibility of
PDOCC to determine an agency shop fee which
meets the above criteria; or
3. complete a new payroll deduction form which
includes a written declaration inclusive of the
written declaration under penalty of perjury under
the laws of the State of California that the new
employee is a member of a bona fide religion,
body or sect which has historically held a
conscientious objection to joining or financially
supporting any public employee organization or
that the employee now has a bona fide religious
conscientious objection to financially supporting
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 7 - 2008-2016 MOU
a public employee organization and pay a sum
equal to the agency shop fee described in
Section 2.2.B.2 to a non-religious, non-labor,
charitable fund chosen by the employee from the
following charities: Family and Children's Trust
Fund, Child Abuse Prevention Council and
Battered Women's Alternative.
D. Hudson Procedure. PDOCC shall provide the County
with a copy of PDOCC's Hudson Procedure for the
determination and protest of its agency shop fees.
PDOCC shall provide a copy of said Hudson Procedure
to every fee payor covered by this MOU within one
month from the date it is approved and annually
thereafter, and as a condition to any change in the
agency shop fee. Failure by a fee payor to invoke
PDOCC's Hudson Procedure within one month after
actual notice of the Hudson Procedure shall be a waiver
by the employee of his or her right to contest the
amount of the agency shop fee.
E. Periods of Separation. The provisions of Section
2.2.B.2 shall not apply during periods that an employee
is separated from the Physicians and Dentists Unit but
shall be reinstated upon the return of the employee to
the representation unit. Separation as defined herein
includes transfer out of the unit, layoff, and leave of
absence with a duration of more than thirty (30) days.
F. Compliance.
1. An employee employed in or hired into a jo b
class represented by PDOCC shall be provided
with an Employee Authorization for Payroll
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 8 - 2008-2016 MOU
Deduction form by the Human Resources
Department.
2. If the form authorizing payroll deduction is not
returned within thirty (30) calendar days after
notice of this agency shop fee provision and
PDOCC dues, agency shop fee, initiation fee or
charitable contribution required under Section
2.2.B.3 are not received, PDOCC may, in writing,
direct that the County withhold the agency shop
fee and the initiation fee from the employee's
salary, in which case the employee's monthly
salary shall be reduced by an amount equal to
the agency shop fee and the County shall pay an
equal amount to PDOCC.
3. If an employee who is a dues-paying PDOCC
member or an agency shop fee-payor executes
a payroll deduction form to change status to that
of conscientious objector and PDOCC contests
the validity of the conscientious objections,
PDOCC may request in writing to the Labor
Relations Manager that the County hold the
deduction in trust for the designated charity
pending a successful challenge by PDOCC in a
court of competent jurisdiction, provided
however, such funds shall be held in trust
without interest for no more than one year after
the Auditor-Controller receives notices of the
challenge, or until a court decision is rendered,
whichever is later. If PDOCC's challenge is not
upheld, the funds held in trust shall be
distributed to the designated charity. PDOCC
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 9 - 2008-2016 MOU
may only make one such challenge to any one
employee during the term of a MOU.
4. PDOCC shall indemnify, defend, and save the
County harmless against any and all claims,
demands, suits, orders, or judgments, or other
forms of liability that arise out of or by reason of
this PDOCC Security Section (2), or action taken
or not taken by the County under this Section
(2.2). This includes, but is not limited to, the
County's Attorneys' fees and costs. The
provisions of this section (2.2) shall not be
subject to the grievance procedure following the
adoption of this MOU by the County Boa rd of
Supervisors.
G. Rescission of Agency Shop.
1. Conditions. In the event that employees
represented by PDOCC vote to rescind Agency
Shop, the provisions of Section G.2, and G.3
shall apply to dues-paying members of PDOCC.
2. Maintenance of Membership. All employees in
units represented by PDOCC who are currently
paying dues to PDOCC and all employees in
such unit who hereafter become members of
PDOCC shall as a condition of continued
employment pay dues to PDOCC for the
duration of this MOU and each year thereafter so
long as PDOCC continues to represent the
position to which the employee is assigned,
unless the employee has exercised the option to
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 10 - 2008-2016 MOU
cease paying dues in accordance with Sections
G.3 and G.4.
3. Withdrawal of Membership. When agency shop
has been rescinded, by notifying the Auditor-
Controller's Department in writing, beginning for
a period of thirty (30) days on the first day of the
month following the vote for rescission, any
employee may withdraw from PDOCC
membership and discontinue paying dues as of
the payroll period commencing on the first day of
the succeeding month. Immediately upon close
of the above mentioned thirty (30) day period the
Auditor-Controller shall submit to PDOCC a list
of the employees who have rescinded their
authorization for dues deduction.
4. New Hires. Employees hired after rescission of
agency shop in classifications assigned to units
represented by PDOCC shall, as a condition of
employment, complete a dues authorization form
provided by PDOCC and shall have deducted
from their paychecks the membership dues of
PDOCC. An employee hired into the Physicians
and Dentists Unit shall have thirty (30) days from
the date of hire to decide if he or she does not
want to become a member of PDOCC. Such
decision not to become a member of PDOCC
must be made in writing to the Auditor-Controller
with a copy to the Labor Relations Division. If the
employee decides not to become a member of
PDOCC, any PDOCC dues previously deducted
from the employee's paycheck shall be returned
to the employee and said amount shall be
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 11 - 2008-2016 MOU
deducted from the next dues deduction check
sent to PDOCC. If the employee does not notify
the County in writing of the decision not to
become a member within the thirty (30) day
period, he or she shall be deemed to have
voluntarily agreed to pay the dues of PDOCC.
Each such dues authorization form referenced
above shall include a statement that PDOCC
and the County have entered into a MOU, that
the employee is required to authorize payroll
deductions of PDOCC dues as a condition of
employment, and that such authorization may be
revoked within the first thirty (30) days of
employment upon proper written notice by the
employee within said thirty (30) day period as set
forth above. Each such employee shall, upon
completion of the authorization form, receive a
copy of said authorization form which shall be
deemed proper notice of his or her right to
revoke said authorization.
2.3 Communicating With Employees. PDOCC shall be
allowed to use designated portions of bulletin boards or display
areas in public portions of County buildings or in public
portions of offices in which there are employees represented
by PDOCC, provided the communications displayed have to do
with official organization business such as times and plac es of
meetings and further provided that the employee organization
appropriately posts and removes the information. The
department head reserves the right to remove objectionable
materials after notification to and discussion with PDOCC.
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 12 - 2008-2016 MOU
Representatives of PDOCC, not on County time, shall be
permitted to place a supply of employee literature at specific
locations in County buildings if arranged through the
Appointing Authority or designated representative; said
representatives may distribute employee organization literature
in work areas (except work areas not open to the public) if the
nature of the literature and the proposed method of distribution
are compatible with the work environment and work in
progress.
Such placement and/or distribution shall not be performed by
on duty employees.
PDOCC shall be allowed access to work locations in which it
represents employees for the following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
c. to leave and/or distribute a supply of literature as
indicated above;
d. to represent an employee on a grievance, and/or to
contact a PDOCC officer on a matter within the
scope of representation;
e. to ascertain whether the terms and conditions of the
MOU are being complied with.
In the application of this provision, it is agreed and understood
that in each such instance advance arrangements, including
disclosure of which of the above purposes is the reason for the
visit, will be made with the departmental representative in
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 13 - 2008-2016 MOU
charge of the work area, and the visit will not interfere with
County services.
2.4 Use of County Buildings. PDOCC shall be allowed the
use of areas normally used for meeting purposes for meetings
of County employees except during the hours of 8:00 a.m. a nd
5:00 p.m., Monday through Friday when:
a. such space is available;
b. there is no additional cost to the County;
c. it does not interfere with normal County operations,
nor interfere with employee's work responsibility.
d. the meetings are on matters within the scope of
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. PDOCC shall
maintain proper order at the meeting, and see that the space is
left in a clean and orderly condition.
The use of County equipment (other than items normally used
in the conduct of business meetings, such as desks, chairs,
ashtrays, and blackboards) is strictly prohibited, even though it
may be present in the meeting area.
2.5 Advance Notice. PDOCC shall, except in cases of
emergency, have the right to reasonable notice of any
ordinance, rule, resolution or regulation directly relating to
matters within the scope of representation proposed to be
adopted by the Board, or boards and commissions appoint ed
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 14 - 2008-2016 MOU
by the Board, and to meet with the body considering the
matter.
The listing of an item on a public agenda, or the mailing of a
copy of a proposal at least seventy-two (72) hours before the
item will be heard, or the delivery of a copy of the proposal a t
least twenty-four (24) hours before the item will be heard, shall
constitute notice.
In cases of emergency when the Board, or boards and
commissions appointed by the Board, determines it must act
immediately without such notice or meeting, it shall give notice
and opportunity to meet as soon as practical after its action.
2.6 Written Statement for New Employees. The County
will provide a written statement to each new employee hired
into a classification represented by PDOCC, that the
employee's classification is represented by PDOCC and the
name of a representative of PDOCC. The County will provide
the employee with a packet of information which has been
supplied by PDOCC and approved by the County. The County
shall provide an opportunity for the Union to make a fifteen
(15) minute presentation at the end of the Human Resources
Department’s new employee orientation meetings.
2.7 Assignment of Classes to Bargaining Units. The
County shall assign new classes in accordance with the
following procedure:
a. Initial Determination. When a new class title is
established, the Labor Relations Manager shall
review the composition of existing representation
units to determine the appropriateness of including
some or all of the employees in the new class in one
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 15 - 2008-2016 MOU
or more existing representation units, and within a
reasonable period of time shall notify all recognized
employee organizations of his/her determination.
b. Final Determination. His/her determination is final
unless within ten (10) days after notification a
recognized employee organization requests in
writing to meet and confer thereon.
c. Meet and Confer and Other Steps . He/she shall
meet and confer with such requesting organizations
(and with other recognized employee organizations
where appropriate) to seek agreement on this matter
within sixty (60) days after the ten (10) day period in
Subsection b, unless otherwise mutually agreed.
Thereafter, the procedures in cases of
disagreement, arbitration referral and expenses, and
criteria for determination shall conform to Board of
Supervisors’ Resolution 81/1165.
2.8 Release Time for Training. Effective January 1, 2000,
the County shall provide a maximum of fifty (50) hours per
calendar year of release time for union -designated
representatives to attend labor related training programs.
Requests for release time shall be provided in writing to the
Department and the Human Resources Department in writing
at least fifteen (15) days in advance of the time requested. The
Department will reasonably consider each request and notify
the affected employee whether such request is approved
within one (1) week of receipt.
2.9 Physicians and Dentists as Employees or
Contractors.
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 16 - 2008-2016 MOU
A. Employees or Contractors. County agrees to hire new
physicians and dentists who are or will be regularly scheduled
to work twenty (20) or more hours each week, as employees in
positions assigned to the PDOCC Bargaining Unit, and not as
contractors, in the following specialties:
1. General Internal Medicine
2. General Pediatrics
3. Emergency Medicine
4. Family Practice
5. General Pathology
6. Oral Surgery
7. General Dentistry
8. General Practice
9. Medical and Surgical Registrars
10. Obstetrics and Gynecology
B. Psychiatrists.
1. The County will endeavor to utilize
psychiatrists who are employed by the County
and represented by PDOCC, to provide at
least sixty percent (60%) of the psychiatric
service hours provided annually to the County.
2. Beginning February 1, 2015, and each
February 1 thereafter, the Health Services
Department will provide an alphabetical list of
all psychiatrists, both employed and
contracted, working for the Department during
the prior calendar year with the total number of
psychiatric service hours provided by each
SECTION 2 - ORGANIZATION SECURITY
PDOCC - 17 - 2008-2016 MOU
psychiatrist listed. If the total number of
psychiatric service hours provided by
contracted psychiatrists during the prior the
calendar year exceeds forty percent (40%) of
the total psychiatric service hours provided by
all psychiatrists, then the Health Services
Department will pay to PDOCC the amount of
PDOCC dues for each full-time equivalent
(F.T.E.) for contracted service hours over forty
percent (40%). One (1) F.T.E. is equivalent to
2,080 service hours per year. The number of
F.T.E. for dues payment will be determined by
taking the total number of annual service hours
over forty percent (40%) provided by
contracted psychiatrists divided 2,080 hours
(e.g., 10,400 contracted service hours ÷ 2,080
hours= 5 F.T.E.).
3. By January 15 of each year, PDOCC will
provide the Health Services Department with
the annual dues amount for one F.T.E. at the
top step of the Exempt Medical Staff Physician
salary schedule for the prior calendar year for
purposes of calculating the dues payment to
PDOCC. If the Health Services Department
determines that a payment is owed to PDOCC
pursuant to this section 2.9.B., such payment
will be made to PDOCC no later than March 1
of any year in which a payment is due.
C. CCHP Community Provider Network Physicians.
Notwithstanding subsections A. and B. above, the
County may continue to contract for physician services
needed by the Contra Costa Health Plan.
SECTION 4 - SHOP STEWARDS AND OFFICIAL
REPRESENTATIVES
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SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of sex, race, creed,
color, national origin, sexual orientation or union activities
against any employee or applicant for employment by the
County or by anyone employed by the County; and to the
extent prohibited by applicable State and Federal law there
shall be no discrimination because of age. There shall be no
discrimination against any disabled person solely because of
such disability unless that disability prevents the person from
carrying out the essential functions of the position safely.
SECTION 4 - SHOP STEWARDS AND OFFICIAL
REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as
shop stewards or official representatives of PDOCC shall be
allowed to attend meetings held by County agencies during
regular working hours on County time as follows:
a. If their attendance is required by the County at a
specific meeting, including meetings of the Board of
Supervisors;
b. if their attendance is sought by a hearing body or
presentation of testimony or other reasons;
c. if their attendance is required for a meeting
necessary for settlement of grievances filed
pursuant to Section 15 - Grievance Procedure of
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REPRESENTATIVES
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this MOU and scheduled at reasonable times
agreeable to all parties;
d. if they are designated as a shop steward, in which
case they may utilize a reasonable time at each
level of the proceedings to assist an employee to
present a grievance provided the meetings are
scheduled at reasonable times agreeable to all
parties;
e. if they are designated as spokesperson or
representative of PDOCC and as such make
representations or presentations at meetings or
hearings on wages, salaries and working conditions;
provided in each case advance arrangements for
time away from the employee's work station or
assignment are made with the appropriate
department head, and the County agency calling the
meeting is responsible for determining that the
attendance of the particular employee(s) is required,
including meetings of the Board of Supervisors and
Retirement Board where items which are within the
scope of representation and involving PDOCC are to
be discussed.
4.2 PDOCC Representatives. Official representatives of
PDOCC shall be allowed time off on County time for meetings
during regular working hours when formally meeting and
conferring in good faith or consulting with the Labor Relations
Manager or other management representatives on matters
within the scope of representation, provided that the number of
such representatives shall not exceed two (2) without prior
approval of the Labor Relations Manager, and that advance
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arrangements for the time away from the work station or
assignment are made with the appointing authority or
designee.
SECTION 5 – SALARIES
5.1 General Wage Increases.
A. The base rate of pay for all classifications
represented by PDOCC will be increased as follows:
1. Effective March 1, 2014 3% increase
2. Effective November 1, 2015 3% increase
3. Effective October 31, 2016 - 11:59 pm 4% increase
B. Longevity Pay.
1. Effective July 1, 2009, employees at ten (10)
years of county service shall be eligible to
receive a two and one-half percent (2.5%)
longevity pay differential.
2. Effective November 1, 2013, permanent full
time and part time employees who have
completed fifteen (15) years of service for the
County will receive an additional two and one-
half percent (2.5%) longevity differential
effective on the first day of the month following
the month in which the employee qualifies for
the fifteen (15) years of service. For
employees who completed fifteen (15) years of
service on or before November 1, 2013, this
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longevity differential will be paid prospectively
only from November 1, 2013.
3. Effective November 1, 2014, permanent full
time and part time employees who have
completed twenty (20) years of service for the
County will receive an additional two and one-
half percent (2.5%) longevity differential
effective on the first day of the month following
the month in which the employee qualifies for
the twenty (20) years of service. For
employees who completed twenty (20) years of
service on or before November 1, 2014, this
longevity differential will be paid prospectively
only from November 1, 2014.
5.2 Appointment. Exempt Medical Staff Members shall
be employed only in classes for which they are qualified by
virtue of their education, experience and professional
license, and shall be paid at a rate established for their
classification. For classifications for which a range of steps
have been established, Exempt Medical Staff Members shall
be appointed at the step of the salary range for their class
which is appropriate to their particular qualifications and the
position to be filled giving due consideration to the
experience, responsibility and competence of the appointee.
The determination of an Exempt Medical Staff Member's
qualifications and designation of the appropriate step of the
salary range shall be by the appointing authority or designee
and shall be final. The appointing authority or designee will
notify PDOCC of any appointments above Step 3 in the
applicable salary range and will include a justification for the
appointment.
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5.3 Reappointment. Exempt Medical Staff Members who
terminate their services with the County and are
subsequently reemployed in the same medical staff
classification within two (2) years from the date of
termination may be appointed at the step of the salary range
at which they were employed at the time of termination.
5.4 Merit Adjustment. Each Exempt Medical Staff
Member shall be eligible for a merit review one year after the
date of his/her original appointment and annually thereafter
until the top step of the range is reached. Based upon
review of each Exempt Medical Staff Member's duties and
performance, the appointing authority or designee may
authorize an advancement to the next higher step in the
salary range, or deny the adjustment with or without one
additional review at some specified date before the next
anniversary. Merit increase shall be awarded for satisfactory
performance and there shall be no limit to the number of
employees receiving a merit increment in any given year.
The decision to approve or deny the Exempt Medical Staff
Member's merit adjustment will be supported by a written
evaluation of the member's performance. Performance
evaluations will be completed by the appropriate Department
Head, who may confer with other medical staff members
and will be subject to review and approval by the appointing
authority's designee. The written performance evaluation
system will be implemented within six (6) months of the
adoption of this MOU. No salary adjustment shall be made
unless a recommendation to do so is made by the
appointing authority, or designee, and no provision of this
section shall be construed to make the adjustment of
salaries mandatory on the County.
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5.5 Frequency. An Exempt Medical Staff Member shall
be eligible for a salary review one year after the date of his
original appointment and annually thereafter. At that time,
the appointing authority or designee may authorize a salary
adjustment, deny the adjustment unconditionally or deny the
adjustment subject to review at some specified date before
the next anniversary. Under special circumstances, the
appointing authority or designee may make a one -step
adjustment in advance of the date on which an Exempt
Medical Staff Member becomes eligible for the adjustment.
When such an advance adjustment is made, however, the
Exempt Medical Staff Member may not receive another
adjustment until the date of eligibility following that for which
the adjustment was authorized in advance.
5.6 Effective Date. Adjustments to Exempt Medical Staff
Members' salaries shall be effective on the first day of the
month following the month in which the adjustment is
authorized by the appointing authority or designee. If an
operating department verifies in writing that an
administrative or clerical error was made in failing to submit
the documents needed to advance an employee to the next
salary step on the first of the month when eligible, said
advancement shall be made retroactive to the first of the
month when eligible.
5.7 Payment. On the tenth (10th) day of each month, the
Auditor will draw a warrant upon the Treasurer in favor of
each employee for the amount of salary due the employee
for the preceding month; provided, however, that each
employee (except those paid on an hourly rate) may choose
to receive an advance on the employee's monthly salary, in
which case the Auditor shall, on the twenty-fifth (25th) day of
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each month, draw his/her warrant upon the Treasurer in
favor of such employee.
The advance shall be in an amount equal to one -third (1/3)
or less (at the option of the employee) of the employee's
basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary less
all requested or required deductions.
The election to receive the advance shall be made on the
prescribed form (form M-208, revised 5/81) and submitted
by the 15th of the month to the department payroll clerk who
will forward the card with the Salary Advance
Transmittal/Deviation Report to the Auditor-Controller payroll
section.
Such an election would be effective in the month of the
submission and would remain effective until revoked.
In the case of an election made pursuant to this Section 5.7
all required or requested deductions from salary shall be
taken from the second installment, which is payable on the
tenth (10th) day of the following month.
5.8 Part-Time Compensation. An Exempt Medical Staff
Member working part-time shall be paid a monthly salary in
the same ratio to the full time monthly rate to which he would
be entitled as an Exempt Medical Staff Member wor king full
time as the number of hours per week in his part -time work
schedule bears to the number of hours in the regular full
time schedule. Other benefits to which the employee is
entitled under the provisions of this division may be assigned
on the same pro rata basis. If the employment is periodic
and irregular, depending on departmental requirements,
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payment for hours worked shall be made at the hourly rate
established for the salary step to which the Exempt Medical
Staff Member would be assigned if he were working
permanent full time or part-time.
5.9 Compensation for Portion of Month. Any Exempt
Medical Staff Member who works less than any full calendar
month, except when on earned vacation or authorized sick
leave, shall receive as compensation for his services an
amount which in the same ratio to the established monthly
rate as the number of days worked is to the actual working
days in such Exempt Medical Staff Member's normal work
schedule for the particular month; but if the employment is
intermittent, compensation shall be on an hourly basis.
5.10 Reclassification of Position. The salary of an
employee whose position is reclassified from a class on the
basic or exempt salary schedule to an Exempt Medical Staff
classification shall be established in accordance with Section
5.2.
5.11 Salary on Change of Assignment.
A. If a significant change is made in the duties,
responsibilities, work schedule or work location
assigned to an Exempt Medical Staff Member, the
appointing authority or designee may review the
changes to determine if they are of such a magnitude
to warrant an adjustment in the salary level of the
Exempt Medical Staff Member. If it is determined that
an adjustment is appropriate, the appointing authority
or designee may adjust the salary upward. If such an
assignment is temporary (typically not exceeding one
year duration), the Exempt Medical Staff Member
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shall return at the termination of the assignment to
the step of the range he/she would have received had
he/she remained in his/her regular assignment.
B. Effective Date. Salary adjustments reflecting changes
in assignment of an Exempt Medical Staff Member
shall be effective on the first day of the month
following the month in which the adjustment is made
by the appointing authority or designee.
5.12 Salary on Promotion - Exempt Medical Staff
Resident Physicians. Exempt Medical Staff Resident
Physicians are expected to spend approximately one year in
each of the three classifications. However, the duration of an
employee's training at one of the levels may be extended at
the discretion of the appointing authority or designee.
Exempt Medical Staff Resident Physicians advancing to a
next higher resident physician classification shall be paid at
the monthly rate for that classification.
5.13 Reassignment. An Exempt Medical Staff Member
who is reassigned from one position to another position
within the same classification shall be compensated at the
same step in the salary range as he/she was previously.
Eligibility for stipends as described in Section 5.14 will be
reevaluated at the time of reassignment and may result in
the commencement or discontinuing of a stipend or stipends
as appropriate.
5.14 Stipends. Effective January 1, 2000, Exempt Medical
Staff Members are eligible for the following additional
compensation. An employee may be eligible for and receive
stipends in more than one category. Neither periods of
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voluntary separation nor periods of involuntary separation
exceeding two years, will be bridged.
A. The President of the Medical Staff will receive $750
per month.
B. The Department Heads for Ambulatory Family
Medicine, Anesthesia, Dental (excluding the
classification Chief of Dental Service), Diagnostic
Imaging, Emergency Medicine, Internal Medicine,
Geriatrics, Obstetrics and Gynecology, Pathology,
Pediatrics, Psychiatry, Regional DFM Division Head,
Chief Surgery Registrar, Rehabilitation and Surgery,
and other comparable assignments deemed
appropriate by the appointing authority or designee
will receive $550 per month.
C. The Ambulatory Policy Committee Chair, Chief
Orthopedics Registrar and Chief Oncology Registrar
will receive $350 per month.
D. The Chairpersons of the Medical Staff committees
charged with considerable responsibility, such as
Credentials, Medical Quality Assurance, Utilization
Review, and other comparable assignments deemed
appropriate by the appointing authority or designee
will receive $550 per month.
E. The Division Heads (e.g. Nursery, Ambulatory
Medicine, and Out Patient Psychiatry, and Detention),
the Assistant Residency Director, the Assistant
Surgical Registrar Chief, the Assistant Surgical Chief
and other comparable assignments deemed
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appropriate by the appointing authority or designee
will receive $275 per month.
A monthly stipend will be awarded to physicians and
dentists based upon continuous years of employment
as a permanent employee as follows:
Years of Completed Service
Positions Under 3 – 5 6 – 8 9 or
Hours 3 yrs. Years Years More
32 or more: 0 $150 $300 $350
20 – 31: 0 $75 $150 $175
Employees assigned to a position of less than 20
hours per week are not eligible for this stipend.
The above stipends will become effective on the first of the
month following the employee's appointment unless the
appointment is effective on the first of the month, in which
case the stipend will commence immediately.
F. (1) Every member regularly scheduled to work at least
four (4) family practice, internal medicine, adult
medicine, pediatrics, psychiatry, dental, HIV,
language-specific clinics or a combination of four or
more of these clinics per week will receive an annual
stipend of five hundred dollars ($500) for each of the
above weekly clinics that was regularly scheduled
during the entire period of July 1 through June 30.
The first period of stipend eligibility is July 1, 2006
through June 30, 2007. Stipends will be paid within
ninety (90) days of the conclusion of the annual
period. Every newly hired member who begins work
other than July 1 of each year, and who otherwise
meets the criteria of this paragraph, will receive a
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reduced stipend, based upon the monthly pro-rata
portion of the year worked by these members.
Example: A member has five (5) weekly family
practice clinics that are regularly scheduled for the
period July 1, 2006 through June 30, 2007. After June
30, 2007, the member will receive a one time stipend
of $2500 (five (5) clinics weekly at $500 each).
Should the member maintain the same schedule for
the period July 1, 2007 through June 30, 2008, the
member would receive another stipend after June 30,
2008 of $2500.
(2) Every member who is not an inpatient registrar
and who does not qualify for an annual stipend in
5.14.F.(1) above and who was regularly scheduled to
work at least four (4) clinics of any kind during the
entire period of July 1 through June 30 will receive an
annual stipend of $2000. The first period of stipend
eligibility is July 1, 2006 through June 30, 2007.
Stipends will be paid within ninety (90) days of the
conclusion of the annual period. Every newly hired
member who begins work other than July 1 of each
year and who otherwise meets the criteria of this
paragraph, will receive a reduced stipend, based
upon the monthly pro-rata portion of the year worked
by these members.
(3) Clinics cancelled for vacation or sick leave will not
affect the calculation of the annual stipends in (1) or
(2) above, with the exception that members who are
on any leave of absence that exceeds a total of sixty
(60) calendar days during the qualifying period are
not eligible for this stipend.
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5.15 Salary Structure Modifications. Effective
November 1, 2013, Steps 1 and 2 of the current salary
range for the classification of Exempt Medical Staff
Physician (VPW9), Exempt Medical Staff Dentist (VPW0),
and Exempt Medical Staff Dental Specialist (VPV7) will be
eliminated. Step 3 of the current salary range will become
the new Step 1 on November 1, 2013. All employees who
are below Step 3 on November 1, 2013, will be elevated to
the new Step 1 (former Step 3) effective on November 1,
2013. Also on November 1, 2013, Steps 4, 6, 8, 10, 12, and
14 will be eliminated from the current salary range and all
employees who are on an eliminated step will move to the
next highest step. The resulting salary range will then
consist of Steps 1 through 7 and all employees will be paid
in accordance with the revised salary range beginning on
November 1, 2013.
5.16 Electronic Health Records Incentive Program.
The federal Medicaid (Medi-Cal) Electronic Health Records
(“EHR”) Incentive Program (“EHR Incentive Program”)
pursuant to the federal Health Information Technology for
Economic Clinical Health (HITECH) Act provides incentive
payments to an eligible professional (“EP”) for meaningful
use of an EHR system. The terms “EHR Incentive
Program,” “EHR,” “EP,” “meaningful use,” “adopt, implement,
and upgrade (AIU),” and “incentive payments,” as used in
this MOU, have the same meaning as those definitions in
Part 495 of title 42 the Code of Federal Regulations. In
furtherance of the goals of the EHR Incentive Program, EPs
who are employed in classifications represented by PDOCC
will do the following:
A. EPs will utilize the County’s certified EHR system,
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PDOCC - 31 - 2008-2016 MOU
ccLink, in accordance with the meaningful use
requirements of the EHR Incentive Program and any
Health Services Department requirements. EPs will
cooperate with any requests from the County to
provide information, documentation, or validation of
their meaningful use of ccLink.
B. No later than December 31, 2013, EPs who wish to
obtain an EHR incentive payment for Adopting,
Implementing, or Upgrading (AIU) to ccLink, must
register and attest to meeting EHR Incentive Program
requirements for AIU through the federal Centers for
Medicare and Medicaid Services (CMS) EHR
Incentive Program Registration and Attestation
System and selects the Medi-Cal EHR State Level
Registry Medicaid arm of the EHR Incentive Program.
An EP is solely responsible for any consequences,
including but not limited to tax consequences, that
result from his/her receipt of an EHR incentive
payment for AIU. The Health Services Department
will, upon request, assist EPs with the process to
apply for the EHR incentive payment for AIU. EPs
who receive or apply for an EHR incentive payment
for AIU by December 31, 2013, will reassign
subsequent incentive payments to the County as
described in 5.16.C., below. EPs who do not receive
or apply to receive an EHR incentive payment for AIU
by December 31, 2013, will reassign all EHR
incentive payments to the County as described in
5.16.C, below. The intent of this provision is that no
EP will receive more than one (1), if any, EHR
incentive payment before reassignment of the EHR
incentive payments to the County after December 31,
2013.
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C. Beginning January 1, 2014 and each year thereafter,
EPs employed in classifications represented by
PDOCC will reassign their EHR incentive payments to
the County. The EPs will provide the County with any
requested information and complete any necessary
documentation to reassign their EHR incentive
payments to the County. In consideration for the
reassignment of the EHR incentive payments, the
County and PDOCC agree to the wage increases set
forth in Section 5.1.A., above.
D. The County shall defend, indemnify, and hold
PDOCC harmless against any legal claims filed in any
forum against PDOCC by EPs who are members of
PDOCC that challenge whether PDOCC has legal
authority to agree to a Memorandum of
Understanding that requires EPs to reassign to the
County their EHR incentive payments from the EHR
Incentive Program pursuant to the HITECH Act. This
provision will expire when the EHR Incentive Program
ends in 2021. This provision 5.16.D. is not subject to
the grievance procedure.
E. Except as indicated in D., above, any disputes
concerning the application and/or interpretation of
section 5.16 shall be resolved through the grievance
procedure of this MOU.
SECTION 6 - DAYS AND HOURS OF WORK
6.1 Work Week Defined. The work week for employees,
except Residents, is five (5) eight-hour days, or a total of forty
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(40) hours, between 12:01 a.m. on Sunday and 12:00 midnight
on Saturday. However, when operational requirements
require deviations from the usual pattern of five eight -hour
days , an employee may be scheduled otherwise to meet
operational requirements.
6.2 Employee Physicians on Weekly Schedules .
Permanent full time and part time employee physicians
(hereafter “physicians”) on weekly work schedules will be
scheduled to work their designated position hours each week.
Any hours worked by a physician on a weekly work schedule in
excess of the physician’s daily scheduled hours will be paid at
the rate of 1.0 times his/her base rate of pay (not including
differentials) for all hours worked, except when the physician is
paid one or more of the following differential pays under the
stated conditions:
A. Weekend Rounds Differential (D20). A physician is
eligible for this differential when the physician works
rounds at the hospital between the hours of 5:00p.m. on
Friday and 8:00a.m. on Monday in excess of the
physician’s designated weekly position hours. This
differential is paid at the rate of 1.0 times his/her base
rate of pay (not including differentials) plus $42 per
hour, with a minimum pay of three (3) hours. However,
only a single three (3) hour minimum will be allowed for
each 24 hour period.
B. Holiday Rounds Differential (D23). A physician is
eligible for this differential when the physician works
rounds at the hospital on a holiday observed by the
County in excess of the physician’s designated weekly
position hours. This differential is paid at the rate of 1.0
times his/her base rate of pay (not including
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PDOCC - 34 - 2008-2016 MOU
differentials) plus $42 per hour, with a minimum pay of
three (3) hours. However, only a single three (3) hour
minimum will be allowed for each 24 hour period.
C. Physician On-Call OBGYN In-House Differential (D39).
This differential is paid at the rate of 1.0 times his/her
base rate of pay (not including differentials) plus $10
per hour. A physician is eligible for this differentia l
when the physician stays at the hospital and is on call
for OBGYN duties under any one of the following
conditions:
1. Between 5pm on Monday and 6:30am on Friday;
2. Between 5pm on Friday and 6:30am on Monday;
or
3. On a holiday observed by the County.
D. Physician Fall Back Differential (D98). A physician is
eligible for this differential for hours a physician works in
excess of his/her designated weekly position hours in
an extended hours clinic. Extended hours clinics are
clinics organized to meet peak patient demands
Monday through Friday from 5:30p.m. through 9:00p.m.
and Saturday 8:00a.m. through 5:00p.m. This
differential is paid at the rate of 1.0 times his/her base
rate of pay (not including differentials) plus $42 per
hour.
E. Call Back Differential (N51). A physician is eligible for
this differential when the physician is called back to
work and the physician returns to work. This differential
is paid at the rate of 1.0 times his/her base rate of pay
(not including differentials) plus $42 per hour, with a
minimum of three (3) hours of pay for each call back.
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F. On Call at 1.0 (1:4) Differential (N54). A physician is
eligible for this differential when the physician is
assigned additional on-call obligations for Anesthesia,
Orthopedics, Surgery (including Surgical Pathology),
Medicine, Pediatrics, Health Officer or Advice first call,
Critical Care/Intensive Care Unit and other comparable
on-call duties as assigned by the appointing authority or
his/her designee. This differential is paid at the rate of
1.0 times his/her base rate of pay (not including
differentials) for each four (4) hours of call (1:4).
G. On Call at 1.0 (1:8) Differential (N58). A physician is
eligible for this differential when the physician is
assigned additional on-call obligations for Pathology
Clinical Lab Back-up, GI, Detention Medical, Psychiatry,
and other comparable on-call duties as assigned by the
appointing authority or his/her designee. This
differential is paid at the rate of 1.0 times his/her base
rate of pay (not including differentials) for each eight (8)
hours of call (1:8).
6.3 Employee Physicians on Monthly Schedules.
Permanent full time and part time employee physicians
(hereafter “physicians”) on monthly work schedules will be
required to work their designated position hours each month.
Any hours worked by a physician on a monthly work schedule
in excess of the physician’s actual month work hours will be
paid at the rate of 1.0 times his/her base rate of pay (not
including differentials) for all hours worked, except when the
physician is paid one or more of the following differential pays
under the stated conditions:
A. Weekend Rounds Differential (D20). A physician is
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eligible for this differential when the physician works
rounds at the hospital between the hours of 5:00p.m. on
Friday and 8:00a.m. on Monday in excess of the
physician’s designated monthly position hours. This
differential is paid at the rate of 1.0 times his/her base
rate of pay (not including differentials) plus $42 per
hour, with a minimum pay of three (3) hours. However,
only a single three (3) hour minimum will be allowed for
each 24 hour period.
B. Holiday Rounds Differential (D23). A physician is
eligible for this differential when the physician works
rounds at the hospital on a holiday observed by the
County in excess of the physician’s designated monthly
position hours. This differential is paid at the rate of 1.0
times his/her base rate of pay (not including
differentials) plus $42 per hour, with a minimum pay of
three (3) hours. However, only a single three (3) hour
minimum will be allowed for each 24 hour period.
C. Physician On-Call OBGYN In-House Differential (D39).
This differential is paid at the rate of 1.0 times his/her
base rate of pay (not including differentials) plus $10
per hour. A physician is eligible for this differential
when the physician stays at the hospital and is on call
for OBGYN duties under any one of the following
conditions:
1. Between 5pm on Monday and 6:30am on Friday;
2. Between 5pm on Friday and 6:30am on Monday;
or
3. On a holiday observed by the County.
D. Physician Fall Back Differential (D98). A physician is
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PDOCC - 37 - 2008-2016 MOU
eligible for this differential for hours a physician works in
excess of his/her designated monthly position hours in
an extended hours clinic. Extended hours clinics are
clinics organized to meet peak patient demands
Monday through Friday from 5:30p.m. through 9:00p.m.
and Saturday 8:00a.m. through 5:00p.m. This
differential is paid at the rate of 1.0 times his/her base
rate of pay (not including differentials) plus $42 per
hour.
E. Call Back Differential (N51). A physician is eligible for
this differential when the physician is called back to
work and the physician returns to work. This differential
is paid at the rate of 1.0 times his/her base rate of pay
(not including differentials) plus $42 per hour, with a
minimum of three (3) hours of pay for each call back.
F. On Call at 1.0 (1:4) Differential (N54). A physician is
eligible for this differential when the physician is
assigned additional on-call obligations for Anesthesia,
Orthopedics, Surgery (including Surgical Pathology),
Medicine, Pediatrics, Health Officer, or Advice first call,
Critical Care/Intensive Care Unit, and other comparable
on-call duties as assigned by the appointing authority or
his/her designee. This differential is paid at the rate of
1.0 times his/her base rate of pay (not including
differentials) for each four (4) hours of call (1:4).
G. On Call at 1.0 (1:8) Differential (N58). A physician is
eligible for this differential when the physician is
assigned additional on-call obligations for Pathology
Clinical Lab Back-up, GI, Detention Medical, Psychiatry,
and other comparable on-call duties as assigned by the
appointing authority or his/her designee. This
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PDOCC - 38 - 2008-2016 MOU
differential is paid at the rate of 1.0 times his/her base
rate of pay (not including differentials) for each eight (8)
hours of call (1:8).
6.4 Schedule Preparation. With the exception of
Emergency Room assignments the re will be no split shifts
without the employee's consent. The appointing authority or
designee will prepare written schedules in advance to
encompass the complete operational cycle contemplated. The
employee's preferences as well as Department's operation al
requirements will be considered in preparing the schedule. The
work schedules for residents will be determined by the
Residency Program Director.
6.5 Direct Patient Care and Administrative Time.
A. Direct Patient Care. “Direct Patient Care” is any time
the employee’s primary responsibility is to deliver health
care directly to patients, including but not limited to,
clinics, emergency room procedures, diagnosis tests,
surgery, and the supervision of resident physicians.
B. Administrative Time. “Administrative Time” is time
when the physician does not provide direct patient care.
This is time to catch up on the required and necessary
paperwork related to the care of patients, ordering tests
and labs, reviewing and completing required forms,
making telephone calls, scheduling, following up,
reviewing medical records, carrying out medical staff
responsibilities, committee work, and other
responsibilities assigned by the medical staff or by
management, and any other related administrative
tasks. The basic physician and dentist schedule,
excluding physicians assigned primarily to the
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PDOCC - 39 - 2008-2016 MOU
Emergency Department, for a forty (40) hour position
will consist of thirty-six (36) hours of direct patient care,
and four (4) hours of administrative time. This
administrative time will be prorated for all employees
working in a twenty (20) hour or greater position
according to the following schedule. The nature of the
administrative time will be determined by the
appropriate Department Head.
Total Hours per Week Average Admin. Hours per Week
36 – 40 4
28 – 35 3
20 – 27 2
Twenty percent (20%) of the administrative time per ten
week cycle will be "at risk" to fill in for unscheduled
absences and/or for any absences for short notice
clinics, small clinics with two or fewer providers, the
detention facilities, or at the discretion of the
Department Head, to other clinics as necessary to allow
for maximum latitude in approving leave requests. “At
risk” administrative time will be scheduled in four (4)
hour blocks. In addition, all Registrars with appropriate
medical skills, the Department Head and Division
Heads of the Department of Family Medicine, and the
Residency Director, shall be “at risk” for six (6) four-hour
blocks of time per calendar year to fill in for absences
as described in this paragraph. Registrar eligibility and
scheduling shall be coordinated between the head of
the appropriate department and the head of the
Department of Family Medicine. The decision of the
appointing authority or designee regarding eligibility and
scheduling of “at risk” blocks shall be final. On call time
may be scheduled instead of "direct patient care" with
the employee's approval at a ratio of four (4) hours of
SECTION 6 - DAYS AND HOURS OF WORK
PDOCC - 40 - 2008-2016 MOU
on call time to one (1) hour of “direct patient care” time.
C. Administrative Time – Emergency Department. The
basic schedule for full time physicians assigned
primarily to the Emergency Department will consist of
thirty two (32) hours of direct patient care, four (4) hours
of administrative time and four (4) hours of time in l ieu
of “Back Up” coverage. Administrative time and “Back
Up” coverage time, for part time physicians assigned
primarily to the Emergency Department is as follows:
Position Admin. Back-Up
Hrs/Week Hrs/Week Hrs/Week
40 4 4
34-39 3 3
28-33 2 2
<28 0 0
The nature of the administrative time will be determined
by the appointing authority or designee. Physicians
assigned primarily to the Emergency Department will be
assigned to provide “back-up coverage” for physicians
who are unable to work their assigned Emergency
Department shifts due to unplanned absences. The
“back-up coverage” schedule will be developed and
administered by the Appointing Authority or designee.
All physicians who receive Emergency Department
Administrative hours are required to provide “back-up
coverage” when assigned. Time worked as “back-up
coverage” will be paid at the rate set forth in Section 6.9
- Emergency Pay, for the shift worked.
“Back-up coverage” shall be assigned among individual
physicians as a ratio of their individual hours assigned
to the Emergency Department divided by the total
SECTION 6 - DAYS AND HOURS OF WORK
PDOCC - 41 - 2008-2016 MOU
physician hours assigned to the Emergency
Department.
D. Administrative Time – Family Practice. Physicians who
are scheduled to work an average of six (6) or more
Family Practice Clinics per week may request, in
writing, additional administrative time such that their
average total amount of administrative time weekly
equals one hour for every Family Practice Clinic
scheduled. No other clinic assignments qualify for this
formula. Physicians choosing this option agree that this
formula for administrative time in 6.5.D. supplants the
formula in 6.5.B. for administrative time and also agree
not to reduce their scheduled number of Family Practice
clinics while exercising this option. Schedule changes
will be implemented within ninety (90) days of receipt
and approval of the physician’s written request.
Physicians who are scheduled to work an average of
5.5 or more “qualifying clinics” per week may request, in
writing, the following adjustments in their schedules
based upon their years of service as a County
employee:
On or after the completion of twelve (12) years of
County service in a permanent status, “at risk”
Administrative Time as described in Section 6.5.B. may
be reduced from twenty percent (20%) to zero percent
(0%).
Physicians who are scheduled to work an average of
seven (7) or more “qualifying clinics” per week may
request, in writing, the following adjustments in their
schedules based upon their years of service as a
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PDOCC - 42 - 2008-2016 MOU
County employee:
On or after the completion of fifteen (15) years of
County service in a permanent status, Staff
Development Time as described in Section 6.6. may be
increased to the following total weekly hours:
Position Staff Development
Hours per Week Hours Per Week
36-40 8
28-35 4
24-27 3
On or after the completion of twenty (20) years of
County service in a permanent status, an average of
four (4) hours of Staff Development time per week may
be converted to administrative time that is not “at risk”.
“Qualifying clinics” are Family Practice Clinics,
Scheduled Short Notice Clinics, Float Time (i.e., time in
physician’s schedule designated to cover primary care
responsibilities), HIV, Older Adults, Vietnamese and
Laotian Clinics. When granted, schedule changes will
be effective within ninety (90) days after receipt of the
written request by the appointing authority or his
designee.
E. Administrative Time – Dental Clinics. Dentists who are
scheduled to work an average of six (6) or more dental
clinics per week may request, in writing, the following
adjustments in their schedules based upon their years
of service as a County employee:
On or after the completion of twelve (12) years of
County service in a permanent status, “at risk”
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PDOCC - 43 - 2008-2016 MOU
Administrative Time as described in Section 6.5.B. may
be reduced from twenty percent (20%) to zero percent
(0%).
On or after the completion of fifteen (15) years of
County service in a permanent status, Staff
Development time may be allowed in accordance with
Section 6.6. as follows:
Position Staff Development
Hours per Week Hours Per Week
36-40 8
28-35 4
24-27 3
<24 0
On or after the completion of twenty (20) years of
County service in a permanent status, Staff
Development Time may be converted to not -“at risk”
Administrative Time.
6.6 Staff Development. Employees regularly scheduled to
work sixteen (16) hours per week or more of Family Practice
Clinics and who have majority of their position hours assigned
to Family Practice and Urgent Care Clinics shall be eligible for
staff development time. The nature of the staff development
time shall be decided by the appropriate Department Head and
could include such responsibilities as specialty clinic
assignments, or activities which contribute to patients’ health,
system efficiency or quality care. Employees may apply to use
such time by submitting a proposal describing the goals and
process of their work to the appointing authority or designee
for approval. Employees will be notified in writing of the
decision regarding their proposal. Approval of the use of staff
development time shall be for a specific period of time and
SECTION 6 - DAYS AND HOURS OF WORK
PDOCC - 44 - 2008-2016 MOU
may be discontinued at any time with a written explanation, at
the discretion of the appointing authority or designee.
Employees involved in such work shall be required to submit
periodic progress reports as determined by the appointing
authority or designee.
Those employees in forty (40) hour positions will be assigned
four (4) hours of staff development time per week. This staff
development time shall be prorated for those qualifying
employees working in a twenty-four (24) hour or greater
position according to the following schedule:
Total Hours per Week Staff Development Hrs per Week
36 - 40 4
28 - 35 3
24 - 27 2
All physicians except those assigned to positions in the
Emergency Department will be scheduled to work between the
hours of 6:00 a.m. and 5:30 p.m., (normally between 8:00 a.m.
and 5:00 p.m.) Monday through Friday.
6.7 Evening and Weekend Assignments. The schedule
for any physician working at least twenty (20) hours per week
may include one four-hour evening clinic per week and/or one
4, 6, or 8 hour weekend clinic every eight weeks, at the
discretion of the appointing authority or designee. Physicians
with regular weekend direct patient care responsibilities are
exempt from weekend clinic assignments. Such clinics will be
compensated at the physician's base rate plus fifteen dollars
($15) per hour. Except for those physicians given assignments
in the Departments of Emergency Medicine, Obstetrics &
Gynecology and Pediatrics, additional evening or weekend
work will be by mutual agreement. Such work will be
compensated as described in Section 6.9. - Emergency Room
SECTION 6 - DAYS AND HOURS OF WORK
PDOCC - 45 - 2008-2016 MOU
Pay. This additional compensation applies only to the
scheduled time and does not inc lude unscheduled work
required for patient care needs or inpatient morning rounds.
Additional evening and weekend work in the Departments of
Emergency Medicine, OB-GYN and Pediatrics will be
compensated as follows:
1. Emergency Department. A physician assigned to work
in the Emergency Department will be compensated as
set forth in Section 6.9 - Emergency Room Pay.
2. Department of Pediatrics. A physician with inpatient
responsibilities for a physician assigned to the
Department of Pediatrics will be paid at the hourly
equivalent of his/her base pay.
3. Department of OB-GYN. A physician with inpatient
responsibilities assigned to the Department of OB-GYN
shall be paid as described in Section s 6.2 and 6.3 –
Regular OB Coverage for Holidays, Evenings, and
Weekends.
6.8 Physician Call. The basic call obligation for physicians
is defined in Sections 6.2 and 6.3, above, and is compensated
as set forth therein.
6.9 Emergency Room Pay. A physician working in the
Emergency Room will be paid the following differentials in
addition to his/her regular base pay:
Monday – Thursday 7:00 a.m. - 11:00 p.m. $14 per hour
Friday 7:00 a.m. - 7:00 p.m. $14 per hour
Monday – Thursday 11:00 p.m. - 7:00 a.m. $42 per hour
SECTION 6 - DAYS AND HOURS OF WORK
PDOCC - 46 - 2008-2016 MOU
Fri., Sat., Sun. 7:00 p.m. - 7:00 a.m. $56 per hour
Saturday, Sunday 7:00 a.m. - 7:00 p.m. $28 per hour
Holidays will be paid as weekends. New Year’s Eve and
Christmas Eve will be paid as week-ends, beginning at 7:00
p.m.
A physician working in the Emergency Room in addition to
his/her regular basic schedule, will be paid at the hourly
equivalent of his/her base pay plus the appropriate differential.
6.10 Panel Management Compensation. In recognition of
the panel management duties performed in excess of an
employee’s designated position hours, permanent full-time and
part-time employees in the classification of Exempt Medical
Staff Physicians (VPW9) are eligible to receive a panel
management differential at the straight time rate (1.0) of the
employee’s base rate of pay for one (1) hour and thirty (30)
minutes for each day worked subject to the following criteria:
A. Saturday, Sunday, observed and worked holidays, and
hours in a paid status due to the use of accruals are not
considered as days worked and are excluded from
Panel Management Compensation. Exceptions to this
specific criteria are regularly scheduled qualifying clinics
performed for system needs that fall on Saturday
subject to the approval of the Director of Health
Services or his/her designee.
B. Panel Management duties are performed in exce ss of
the physician’s weekly or monthly schedule and include
updating an reviewing medical records, preparing
correspondence, communicating with patients and care
team members by telephone and electronically,
SECTION 6 - DAYS AND HOURS OF WORK
PDOCC - 47 - 2008-2016 MOU
prescription management, and other related duti es
associated with panel management care.
C. The physician must work at the same Contra Costa
County Health Center location for a quarterly average of
eighteen (18) hours or more per week in a primary care
clinic defined as a “Qualifying Clinic” below.
D. A maximum of four (4) hours per week worked in a
Prenatal Clinic can count towards meeting the quarterly
average of eighteen (18) hours or more per week.
E. Physicians assigned a schedule that includes “short
notice float hours” will have those “short notice float
hours” worked at any health center location counted
towards meeting the quarterly average of eighteen (18)
hours or more per week.
F. Physicians must be available for automatic panel
assignment and all clinic hours that qualify for panel
management compensation must be used in calculating
adjusted primary care panel sizes for the purposes of
assigning patients to primary care provider panels.
G. Final determination of whether a physician’s schedule
qualifies for the Panel Management Compensati on
differential is at the discretion of the Director of Health
Services or his/her designee.
H. The following are considered Qualifying Clinics for
Panel Management Compensation:
1. Family Medicine
2. Pediatric
SECTION 7 - HOLIDAYS
PDOCC - 48 - 2008-2016 MOU
3. Adult Medicine
4. Prenatal Clinic (up to 4 hours as described
in D., above)
5. Positive Health Clinic
6. Language-Specific Clinics
7. Family Medicine Clinic Resident Precepting
8. Prenatal Group
9. Diabetes Group
10. Active Healthy Families’ Group
11. Well Baby Group
6.11 Time Stamping. Permanent Intermittent (hourly)
employees must time stamp in and out as they begin and
end their work shifts and take meal periods. Permanent full-
time and part-time employees on a weekly schedule must
report time off and time worked for special pays on the
electronic timecard. Permanent full-time and part-time
employees on a monthly schedule must report start and end
times on each day worked, time off, and time worked for
special pays on the electronic timecard.
6.12 Time Reporting and Pay Practices Waiver. PDOCC
agrees to the implementation of an Automated Timekeeping
System. PDOCC waives its right to meet and confer regarding
any impacts that may result from the County’s implementation
of an automated timekeeping system, including but not limited
to, changes to current departmental time reporting and pay
practices. PDOCC agrees to convert from the current payroll
cycle when the County is able to upgrade the current payroll
system or implement a new County payroll system.
SECTION 7 - HOLIDAYS
SECTION 7 - HOLIDAYS
PDOCC - 49 - 2008-2016 MOU
7.1 Holidays Observed. The County will observe the
following holidays:
A. January 1st, known as New Year’s Day
Third Monday in January known as Dr. M. L. King, Jr.
Day
Third Monday in February, known as Presidents Day
The last Monday in May, known as Mem orial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
November 11th, known as Veterans Day
Fourth Thursday in November, known as
Thanksgiving Day
The day after Thanksgiving
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may by
resolution designate as holidays.
Any holiday observed by the County that falls on a
Saturday is observed on the preceding Friday and
any holiday that falls on a Sunday is observed on the
following Monday.
B. Each full time employee will accrue two (2) hours of
personal holiday leave per month. Each part time
employee will accrue a pro-rated number of hours of
personal holiday leave per month. No employee may
accrue more than forty (40) hours of personal holiday
leave. On separation from County service, an
employee will be paid for any unused personal
holiday leave at the employee's then current pay rate.
7.2 Holiday is NOT Worked and Holiday Falls on
SECTION 7 - HOLIDAYS
PDOCC - 50 - 2008-2016 MOU
Scheduled Work Day
A. Holiday Observed – Full-Time Employees: Each full-
time employee is entitled to observe a holiday (8
hours off work), without a reduction in pay whenever
a holiday is observed by the County. When a full-
time employee is scheduled to work less than eight
(8) hours on a holiday and the employee observes the
holiday, the employee is also entitled to receive
flexible pay at the rate of one (1.0) times his/her base
rate of pay (not including differentials) for the
difference between eight (8) hours and the hours the
employee was scheduled to work on the holiday.
B. Holiday Observed in Excess of Eight (8) hours – Full-
Time Employees: When a holiday falls on a full-time
employee’s scheduled workday, the employee is
entitled to only eight (8) hours off work without a
reduction in pay. If the workday is a ten (10) hour
day, the employee must use two (2) hours of non-sick
leave accruals. If the workday is a twelve (12) hour
day, the employee must use four (4) hours of non -
sick leave accruals. If the employee does not have
any non-sick leave accrual balances, leave without
pay (AWOP) will be authorized.
C. Holiday Observed – Part-Time Employees: When a
holiday is observed by the County, each part-time
employee is entitled to observe the holiday in the
same ratio as his/her number of position hours bears
to forty (40) hours, multiplied by 8 (hours), without a
reduction in pay. For example, a part-time employee
whose position hours are 24 hours per week is
entitled to 4.8 hours off work on a holiday (24/40
SECTION 7 - HOLIDAYS
PDOCC - 51 - 2008-2016 MOU
multiplied by 8 = 4.8). Hereinafter, the number of
hours produced by this calculation will be referred to
as the “Part-Time employee’s holiday hours.”
When the number of hours in a part time employee’s
scheduled work day that falls on a holiday
(“scheduled work hours”) is less than the employee’s
“Part Time employee’s holiday hours,” the employee
is also entitled to receive flexible pay at the rate of
one (1.0) times his/her base rate of pay (not including
differentials) for the difference between the
employee’s “scheduled work hours” and the
employee’s “Part time employee’s holiday hours.”
When the number of hours in a part time employee’s
scheduled work day that falls on a holiday
(“scheduled work hours”) is more than the employee’s
“Part Time employee’s holiday hours,” the employee
must use non-sick leave accruals for the difference
between the employee’s “scheduled work hours” and
the employee’s “Part Time employee’s holiday hours.”
If the employee does not have any non -sick leave
accrual balances, leave without pay (AWOP) will be
authorized.
7.3 Holiday is NOT Worked and Holiday Falls on
Scheduled Day Off
A. Full-Time Employee: When a holiday is observed by
the County on the scheduled day off of a full-time
employee, the employee is entitled to take eight (8)
hours off work, without a reduction in pay, in
recognition of the holiday. The employee is also
entitled to receive eight (8) hours of flexible pay at the
SECTION 7 - HOLIDAYS
PDOCC - 52 - 2008-2016 MOU
rate of one (1.0) times his/her base rate of pay (not
including differentials) in recognition of his/her
scheduled day off.
B. Part-Time Employee: When a holiday is observed by
the County on the scheduled day off of a part -time
employee, the part-time employee is entitled to
observe the holiday in the amount of the “Part-Time
employee’s holiday hours,” without a reduction in pay,
in recognition of the holiday. The employee is also
entitled to receive flexible pay at the rate of 1.0 times
his/her base rate of pay (not including differentials) in
the amount of the “Part-Time employee’s holiday
hours” in recognition of his/her scheduled day off.
7.4 Holiday is WORKED and Holiday Falls on
Scheduled Work Day
A. Full-Time Employee: When a full-time employee
works on a holiday that falls on the employee’s
scheduled work day, the employee is entitled to
receive his/her regular salary. The employee is also
entitled to receive holiday pay at the rate of one (1.0)
times his/her base rate of pay (not including
differentials) for all hours worked up to a maximum of
eight (8) hours. When a full-time employee is
scheduled to work less than 8 hours on a holiday
(short shift) and the employee works that short shift,
the employee is also entitled to receive flexible pay at
the rate of one (1.0) times his/her base rate of pay
(not including differentials) for the difference between
eight (8) hours and the short shift hours. When a full-
time employee is scheduled to work more than eight
(8) hours on a holiday (long shift) and the employee
SECTION 7 - HOLIDAYS
PDOCC - 53 - 2008-2016 MOU
works more than the long shift hours, the employee is
entitled to receive straight time pay at the rate of one
(1.0) times his/her base rate of pay (not including
differentials) for all hours worked beyond the long
shift hours.
B. Part-Time Employee: When a part-time employee
works on a holiday that falls on the employee’s
scheduled work day, the part-time employee is
entitled to receive his/her regular salary. The part-
time employee is also entitled to receive holiday pay
at the rate of one (1.0) times his/her base rate of pay
(not including differentials) for all hours worked on the
holiday, up to a maximum of eight (8) hours.
When a part-time employee is scheduled to work less
than the employee’s “part-time employee’s holiday
hours” on a holiday (short shift) and the employee
works that short shift, the employee is also entitled to
receive flexible pay at the rate of one (1.0) times
his/her base rate of pay (not including differentials) for
the difference between the “Part-time employee’s
holiday hours” and the short shift hours
When a part-time employee is scheduled to work
more than his/her “part-time employee’s holiday
hours” on a holiday (long shift) and the employee
works more than the long shift hours, the employee is
entitled to receive straight time pay at the rate of one
(1.0) times his/her base rate of pay (not including
differentials) for all hours worked beyond the long
shift hours.
7.5 Holiday is Worked and Holiday Falls on
SECTION 7 - HOLIDAYS
PDOCC - 54 - 2008-2016 MOU
Scheduled Day Off
A. Full-Time Employee: When a full-time employee
works on a holiday that falls on the employee’s
scheduled day off, the employee is entitled to receive
his/her regular salary. The employee is also entitled
to receive straight pay at the rate of one (1.0) times
his/her base rate of pay (not including differentials) for
all hours worked on the holiday. The employee is
also entitled to receive eight (8) hours of flexible pay
at the rate of one (1.0) times his/her base rate of pay
(not including differentials) in recognition of his/her
scheduled day off.
B. Part-Time Employee: When a part-time employee
works on a holiday that falls on the employee’s
scheduled day off, the employee is entitled to receive
his/her regular salary. The part-time employee is also
entitled to receive straight time pay at the rate of one
(1.0) times his/her base rate of pay (not including
differentials) for all hours worked on the holiday. The
part-time employee is also entitled to receive flexible
pay at the rate of one (1.0) times his/her base rate of
pay (not including differentials) multiplied by the
amount of the “Part-time employee’s holiday hours” in
recognition of his/her scheduled day off.
7.6 Permanent Intermittent Employee
Holiday is Worked: Permanent intermittent employees
who work on a holiday are entitled to receive straight
time pay at the rate of one (1.0) times his/her base
rate of pay (not including differentials) for all hours
worked on the holiday.
SECTION 8 - VACATION LEAVE
PDOCC - 55 - 2008-2016 MOU
SECTION 8 - VACATION LEAVE
8.1 Vacation Allowance.
A. Exempt Medical Staff members in permanent positions
are entitled to vacations with pay which accrue
according to, and may be cumulated to maximums set
forth in the table below. Accrual is by hours of working
time per calendar month of service and begins on the
date of appointment to a permanent position, except
that increased accruals granted in recognition of long
service being on the first of the month following the
month in which the Exempt Medical Staff Member
accrues the time set forth in Subsection (b), and except
that accrual for portions of a month shall be in minimum
amounts of one-tenth hour calculated on the same
basis as for partial month compensation pursuant to
Section 5.9. Vacation credits may be used only after
completion of six months service in a permanent
position but may be used by Exempt Medical Staff
Members to supplement exhausted sick leave in cases
of absence during the first six months, and in addition,
by Exempt Medical Staff Resident Physicians in order to
reconcile vacation schedules to training needs.
An Exempt Medical Staff Resident Physician who is
required by the Department to schedule his/her vacation
at the sole convenience of the Department in order to
accommodate training needs shall have the equivalent
of one (1) year's accrual of vacation credited at the
beginning of each fiscal year's training program to
accommodate Departmental vacation scheduling prior
SECTION 8 - VACATION LEAVE
PDOCC - 56 - 2008-2016 MOU
to regular accruals on a monthly basis. Exempt Medical
Staff Resident Physicians may utilize this vacation
account credit in advance of the date the vacation is
regularly accrued under the provisions applying to all
Exempt Medical Staff Physicians.
However, Resident Physicians who terminate before the
end of a fiscal year's training program shall have their
vacation credit account adjusted downward to equal the
pro rata vacation they would have accrued on the
regular accrual plan. If a Resident Physician uses
vacation accruals in excess of the adjusted entitlement
computed effective on his/her separation, the Resident
shall reimburse the County for the excess vacation
accruals taken at his/her then current pay rate.
No vacation shall be allowed in excess of actual accrual
at the time vacation is taken. On separation from
County service Exempt Medical Staff Members shall be
paid for any unused vacation credits at their then
current pay rate.
B. The rates at which vacation credits accrue, and the
maximum cumulation thereof, are as follows:
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through l9 years 13-1/3 320
20 through 24 years 16-2/3 400
25 through 29 years 20 480
30 years and up 23-1/3 560
SECTION 9 - SICK LEAVE
PDOCC - 57 - 2008-2016 MOU
8.2 Accrual During Leave Without Pay. No employee who
has been granted a leave without pay or unpaid military leave
shall accrue any vacation credit during the time of such leave,
nor shall an employee who is absent without pay accrue
vacation credit during the absence.
8.3 Vacation Allowance for Separated Employees . On
separation from County service, an employee shall be paid for
any unused vacation credits at the employee's then current
pay rate.
8.4 Vacation Preference. Vacation requests for Exempt
Medical Staff Physicians in the Hospital and Clinics which are
received in the Medical Staff Office at least thirty-five (35) days
in advance will be responded to within ten days of receipt of
the request and will be approved or denied based on the
overall staffing considerations for the time requested. Vacation
requests which are received less than thirty-five (35) days in
advance will also be considered but preference will be given to
those requests submitted with more than thirty-five (35) days
advance notice. Approved vacatio ns will not be canceled
except under extreme circumstances.
SECTION 9 - SICK LEAVE
9.1 Purpose of Sick Leave. The primary purpose of paid
sick leave is to ensure employees against loss of pay for
temporary absences from work due to illness or injury. It is a
benefit extended by the County and may be used only as
authorized; it is not paid time off which employees may use for
personal activities.
SECTION 9 - SICK LEAVE
PDOCC - 58 - 2008-2016 MOU
9.2 Credits to and Charges Against Sick Leave. Sick
leave credits accrue at the rate of eight (8) working hours credit
for each completed month of service, as prescribed by County
Salary Regulations and Memoranda of Understanding.
Employees who work a portion of a month are entitled to a pro
rata share of the monthly sick leave credit computed on the
same basis as is partial month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth hour (6 minutes) increments.
Unused sick leave credits accumulate from year to year.
When an employee is separated other than through retirement,
accumulated sick leave credits shall be cancelled unless
separation is involuntary and related to budget reductions, in
which case the employee may petition the County to restore
accumulated credits if that employee is reemployed within two
years.
As of the date of retirement, an employee's accumulated sick
leave is converted to retirement on the basis of one day of
retirement service credit for each day of accumulated sick
leave credit.
9.3 Policies Governing the Use of Paid Sick Leave. As
indicated above, the primary purpose of paid sick leave is to
ensure employees against loss of pay for temporary absences
from work due to illness or injury. The following definitions
apply:
Immediate Family means and includes only the spouse, son,
stepson, daughter, stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent, grandchild, father-in-
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law, mother-in-law, daughter-in-law, son-in-law, brother-in-law,
sister-in-law, foster children, aunt, uncle, niece, nephew,
cousin, stepbrother, stepsister, or domestic partner of an
employee and/or includes any other person for whom the
employee is the legal guardian or conservator, or any person
who is claimed as a "dependent" for IRS reporting purposes by
the employee.
Employee means any person employed by Contra Costa
County in an allocated position in the County service.
Paid Sick Leave Credits means those sick leave credits
provided for by County Salary Regulations and memoranda of
understanding.
Condition/Reason: With respect to necessary verbal contacts
and confirmations which occur between the department and
the employee when sick leave is requested or verified, a brief
statement in non-technical terms from the employee regarding
inability to work due to injury or illness is sufficient.
Accumulated paid sick leave credits may be used, subject to
appointing authority approval, by an employee in pay status,
but only in the following instances:
a. Temporary Illness or Injury of an Employee . Paid
sick leave credits may be used when the employee
is off work because of a temporary illness or injury.
b. Permanent Disability Sick Leave. Permanent
disability means the employee suffers from a
disabling physical injury or illness and is thereby
prevented from engaging in any County occupatio n
for which the employee is qualified by reason of
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education, training or experience. Sick leave may
be used by permanently disabled employees until all
accruals of the employee have been exhausted or
until the employee is retired by the Retirement
Board, subject to the following conditions:
1. An application for retirement due to disability has
been filed with the Retirement Board.
2. Satisfactory medical evidence of such disability
is received by the appointing authority within
thirty (30) days of the start of use of sick leave
for permanent disability.
3. The appointing authority may review medical
evidence and order further examination as
deemed necessary, and may terminate use of
sick leave when such further examination
demonstrates that the employee is not disabled,
or when the appointing authority determines that
the medical evidence submitted by the employee
is insufficient, or where the above conditions
have not been met.
c. Communicable Disease. An employee may use paid
sick leave credits when under a physician's order to
remain secluded due to exposure to a
communicable disease.
d. Sick Leave Utilization for Pregnancy Disability.
Employees whose disability is caused or contributed
to by pregnancy, miscarriage, abortion, childbirth, or
recovery therefrom, shall be allowed to utilize sick
leave credit to the maximum accrued by such
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employee during the period of such disability under
the conditions set forth below:
1. Application for such leave must be made by the
employee to the appointing autho rity
accompanied by a written statement of disability
from the employee's attending physician. The
statement must address itself to the employee's
general physical condition having considered the
nature of the work performed by the employee,
and it must indicate the date of the
commencement of the disability as well as the
date the physician anticipates the disability to
terminate.
2. If an employee does not apply for leave and the
appointing authority believes that the employee
is not able to properly perform her work or that
her general health is impaired due to disability
caused or contributed to by pregnancy,
miscarriage, abortion, childbirth or recovery
therefrom the employee shall be required to
undergo a physical examination by a physician
selected by the County. Should the medical
report so recommend, a mandatory leave shall
be imposed upon the employee for the duration
of the disability.
3. Sick leave may not be utilized after the employee
has been released from the hospital unless the
employee has provided the County with a written
statement from her attending physician stating
that her disability continues and the projected
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dates of the employee's recovery from such
disability.
e. Medical and Dental Appointments. An employee
may use paid sick leave credits:
1. For working time used in keeping medical and
dental appointments for the employee's own
care; and
2. For working time used by an employee for
prescheduled medical and dental appointments
for an immediate family member.
f. Emergency Care of Family. An employee may use
paid sick leave credits for working time used in
cases of illness or injury to an immediate family
member.
g. Death of Family Member. An employee may use
paid sick leave credits for working time used
because of a death in the employee's immediate
family or of the employee’s domestic partner, but
this shall not exceed three working days, plus up to
two days of work time for necessary travel. Use of
additional accruals including sick leave when
appropriate may be authorized in conjunction with
the bereavement leave at the discretion of the
appointing authority.
h. Legal Adoption of a Child. Paid sick leave credits
may be used by an employee upon adoption of the
child.
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i. Accumulated paid sick leave credits may not be
used in the following situations:
1. Vacation. Paid sick leave credits may not be
used for an employee's illness or injury which
occurs while he/she is on vacation but the
County Administrator may authorize it when
extenuating circumstances exist and the
appointing authority approves.
2. Not in Pay Status. Paid sick leave credits may
not be used when the employee would otherwise
be eligible to use paid sick leave credits but is
not in pay status.
9.4 Administration of Sick Leave. The proper
administration of sick leave is a responsibility of the employee
and the department head. Unless otherwise provided in the
supplemental sections of this MOU, the following procedures
apply:
a. Employee Responsibilities
1. Employees are responsible for notifying their
department of an absence prior to the
commencement of their work shift or as soon
thereafter as possible. Notification shall include
the reason and possible duration of the absence.
2. Employees are responsible for keeping their
department informed on a continuing basis of
their condition and probable date of return to
work.
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3. Employees are responsible for obtaining
advance approval from their supervisor for the
scheduled time of pre-arranged personal or
family medical and dental appointment.
4. Employees are encouraged to keep the
department advised of (1) a current telephone
number to which sick leave related inquiries may
be directed, and (2) any condition(s) and/or
restriction(s) that may reasonably be imposed
regarding specific locations and/or persons the
department may contact to verify the employee's
sick leave.
b. Department Responsibilities. The use of sick leave
may properly be denied if these procedures are not
followed. Abuse of sick leave on the part of the
employee is cause for disciplinary action.
Departmental approval of sick leave is a certification
of the legitimacy of the sick leave claim. The
department head or designee may make reasonable
inquiries about employee absences. The
department may require medical verification for an
absence of three (3) or more working days. The
department may also require medical verification for
absences of less than three (3) working days for
probable cause if the employee had been notified in
advance in writing that such verification was
necessary. Inquiries may be made in the following
ways:
1. Calling the employee's residence telephone
number or other contact telephone number
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provided by the employee if telephone
notification was not made in accordance with
departmental sick leave call-in guidelines. These
inquiries shall be subject to any restrictions
imposed by the employee.
2. Obtaining the employee's signature on the
Absence/Overtime Record, or on another form
established for that purpose, as employee
certification of the legitimacy of the claim.
3. Obtaining the employee's written statement of
explanation regarding the sick leave claim.
4. Requiring the employee to obtain a physician's
certificate or verification of the employee's
illness, date(s) the employee was incapacitated,
and the employee's ability to return to work, as
specified above.
5. In absences of an extended nature, requiring the
employee to obtain from their physician a
statement of progress and anticipated date on
which the employee will be able to return to
work, as specified above.
Department heads are responsible for
establishing timekeeping procedures which will
insure the submission of a time card covering
each employee absence and for operating their
respective offices in accordance with these
policies and with clarifying regulations issued by
the Office of the County Administrator.
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To help assure uniform policy application, the
Human Resources Director or designated
management staff of the County Human
Resources Department should be contacted with
respect to sick leave determinations about which
the department is in doubt.
9.5 Disability.
A. An employee physically or mentally incapacitated for
the performance of duty is subject to dismissal,
suspension or demotion, subject to the County
Employees Retirement Law of 1937. An appointing
authority after giving notice may place an employee on
leave if the appointing authority has filed an application
for disability retirement for the employee, or whom the
appointing authority believes to be temporarily or
permanently physically or mentally incapacitated for the
performance of the employee’s duties.
B. An appointing authority who has reasonable cause to
believe that there are physical or mental health
conditions present in an employee which endanger the
health or safety of the employee , other employees, or
the public, or which impair the employee's performance
of duty, may order the employee to undergo at County
expense and on the employees paid time a physical,
medical examination by a licensed physician and/or a
psychiatric examination by a licensed physician or
psychologist, and receive a report of the findings on
such examination. If the examining physician or
psychologist recommends that treatment for physical or
mental health problems, including leave, are in the best
interests of the employee or the County in relation to
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the employee overcoming any disability and/or
performing his or her duties the appointing authority
may direct the employee to take such leave and/or
undergo such treatment.
C. Leave due to temporary or permanent disability shall be
without prejudice to the employee's right to use sick
leave, vacation, or any other benefit to which the
employee is entitled other than regular salary. The
Human Resources Director may order lost pay restored
for good cause and subject to the employee's duty to
mitigate damages.
D. Before an employee returns to work from any absence
for illness or injury, other leave of absence or disability
leave, exceeding two weeks in duration, the appointing
authority may order the employee to unde rgo at County
expense a physical, medical, and/or psychiatric
examination by a licensed physician, and may consider
a report of the findings on such examination. If the
report shows that such employee is physically or
mentally incapacitated for the perform ance of duty, the
appointing authority may take such action as he/she
deems necessary in accordance with appropriate
provisions of this MOU.
9.6 Workers' Compensation. A permanent non-safety
employee shall continue to receive the appropriate percent of
regular monthly salary, for all accepted claims filed before
January 1, 2000, during any period of compensable temporary
disability absence not to exceed one year. For all accepted
claims filed with the County on or after January 1, 2000, the
percentage of pay for employees entitled to Workers’
Compensation shall be decreased from 87% to 86%. For all
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accepted claims filed with the County on or after January 1,
2007, the percentage of regular monthly salary for employees
entitled to Workers’ Compensation shall be decreased from
eighty-six percent (86%) to eighty percent (80%). For all
accepted claims filed with the County on or after Jan uary 1,
2008, the percentage of regular monthly salary for employees
entitled to Workers’ Compensation shall be decreased from
eighty percent (80%) to seventy-five percent (75%). If
Workers' Compensation becomes taxable, the County agrees
to restore the original benefit level (100% of monthly salary)
and the parties shall meet and confer with respect to funding
the increased cost.
A. Waiting Period. There is a three (3) calendar day
waiting period before Workers' Compensation benefits
commence. If the injured worker loses any time on the
day of injury, that day counts as day one (1) of the
waiting period. If the injured worker does not lose time
on the date of injury, the waiting period will be the first
three (3) calendar days the employee does not work as
a result of the injury. The time the employee is
scheduled to work during this waiting period will be
charged to the employee's sick leave and/or vacation
accruals. In order to qualify for Workers' Compensation
the employee must be under the care of a physician.
Temporary compensation is payable on the first three
(3) days of disability when the injury necessitates
hospitalization, or when the disability exceeds fourteen
(14) days.
B. Continuing Pay. A permanent employee shall receive
the appropriate percentage as outlined above of regular
monthly salary during any period of compensable
temporary disability not to exceed one year. Payment
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of continuing pay and/or temporary disability
compensation shall be made in accordance with Part 2,
Article 3 of the Workers’ Compensation Laws of
California. "Compensable temporary disability absence"
for the purpose of this Section, is any absence due to
work connected disability which qualifies for temporary
disability compensation as set forth in Part 2, Article 3
of the Workers’ Compensation Laws of California .
When any disability becomes medically permanent and
stationary and/or reaches maximum medical
improvement, the salary provided by this Section shall
terminate. No charge shall be made against sick leave
or vacation for these salary payments. Sick leave and
vacation rights shall not accrue for those periods during
which continuing pay is received.
Employees shall be entitled to a maximum of one (1)
year of continuing pay benefits for any one injury or
illness.
C. Continuing pay begins at the same time that temporary
Workers' Compensation benefits commence and
continues until either the member is declared medically
permanent/stationary and/or reaches maximum medical
improvement, or until one (1) year of continuing pay,
whichever comes first provided the employee remains
in an active employed status. Continuing pay is
automatically terminated on the date an employee is
separated from County service by resignation,
retirement, layoff, or the employee is no longer
employed by the County. In these instances, employees
will be paid Workers’ Compensation benefits as
prescribed by Workers’ Compensation laws. All
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continuing pay will be cleared through the County
Administrator’s Office, Risk Management Division.
Whenever an employee who has been injured on the
job and has returned to work is required by an attending
physician to leave work for treatment during working
hours, the employee shall be allowed time off up to
three (3) hours for such treatment without loss of pay or
benefits, provided the employee notifies his/her
supervisor of the appointment at least three (3) working
days prior to the appointment or as soon as the
employee becomes aware the appointment has been
made. Said visits are to be scheduled contiguous to
either the beginning or end of the scheduled work day
whenever possible. This provision applies only to
injuries/illnesses that have been accepted by the
County as work related.
D. If an injured employee remains eligible for temporary
disability beyond one year, applicable salary will
continue by integrating sick leave and/or vacation
accruals with workers' compensation benefits (vacation
charges to be approved by the department and the
employee). If salary integration is no longer available,
workers' compensation benefits will be paid directly to
the employee as prescribed by workers' compensation
laws.
E. Rehabilitation Integration. An injured employee who is
eligible for workers' compensation rehabilitation
temporary disability benefits and whose disability is
medically permanent and stationary and/or reaches
maximum medical improvement, will continue to receive
full salary by integrating sick leave and/or vacation
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accruals with workers' compensation rehabilitation
temporary disability benefits until those accruals are
exhausted. Thereafter, the rehabilitation temporary
disability benefits will be paid directly to the employee.
F. Health Insurance. The County contribution to the
employee's group insurance plan(s) continues during
the continuing pay period and during integration of sick
leave or vacation with workers' compensation benefits.
G. Method of Integration. An employee's sick leave and/or
vacation charges shall be calculated as follows:
C = 8 [1 - (W ÷ S)]
C = Sick leave or vacation charge per day (in hours)
W = Statutory Workers' Compensation for a month
S = Monthly salary
For example: W = $960.00/mo. W orkers' Compensation
S = $1667.00 per month salary
8 = 8 hours
C = Hours to be charged to Sick Leave
C = 8 1 - ($960 ÷ $1,667)
C = 8 1 - (.5758)
C = 8 (.4242)
C = 3.39
3 hours chargeable to sick leave
5 hours chargeable to Workers' Comp.
9.7 Accrual During Leave Without Pay. No employee who
has been granted a leave without pay or an unpaid military
leave shall accrue any sick leave credits during the time of
such leave nor shall an employee who is absent without pay
accrue sick leave credits during the absence.
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10.1 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.
10.2 General Administration - Leaves of Absence.
Requests for leave of absence without pay shall be made upon
forms prescribed by the Director of Human Resources and
shall state specifically the reason for the request, the date
when it is desired to begin the leave, and the probable date of
return.
Insofar as pregnancy disability leave is used under Section
9.3.d – Sick Leave Utilization for Pregnancy Disability, that
time will not be considered a part of the eighteen (18) week
family leave period. Additionally, an employee may choose to
remain in a pay status by using available sick leave (under
conditions specified in Section 9.3 - Policies Governing the
Use of Paid Sick Leave), vacation, floating holiday or
compensatory time off entitlements during the eighteen (18)
week family leave; however, use of accruals must be on a
continuous basis from the beginning of the family leave period
and may not be broken into segments used on a monthly
basis. Family leave must be requested at least thirty (30) days
prior to the scheduled leave commencement date unless an
exigency arises.
A. Leave without pay may be granted for any of the
following reasons:
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1. illness, disability, or serious health condition;
2. pregnancy or pregnancy disability;
3. family care;
4. to take a course of study such as will increase
the employee's usefulness on return to the
position;
5. for other reasons or circumstances acceptable to
the appointing authority.
B. An employee must request family care leave at least
thirty (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 period not to exceed
one (1) year, provided the appointing authority may
extend such leave for additional periods. 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 (FMLA) shall
be granted to an employee who so requests it for up to
eighteen (18) weeks during a “rolling” twelve (12) month
period measured backward from the date the employee
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uses his/her FMLA leave in accordance with Section
10.4 - Family Care Leave or Medical Leave, 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 Human Resources 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 on granting or denying leave or
early return from leave shall be subject to appeal to the
Human Resources Director and not subject to appeal
through the grievance procedure set forth in this MOU.
10.3 Military Leave. Any employee who is ordered 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. Additionally, any employee who
volunteers for service during a mobilization under Execu tive
Order of the President or Congress of the United States and/or
the State Governor in time of emergency, shall be granted a
leave of absence in accordance with applicable federal or state
laws. Upon the termination of such service or upon honorable
discharge, the employee shall be entitled to return to his/her
position in the classified service provided such still exists and
the employee is otherwise qualified, without any loss of
standing of any kind whatsoever.
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An employee who has been granted a military leave shall not,
by reason of such absence, suffer any loss of vacation,
holiday, or sick leave privileges which may be accrued at the
time of such leave, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of
employment. For purposes of determining eligibility for salary
adjustments, time on military leave shall be considered as time
in County service.
Any employee who has been granted a military leave, may
upon return, be required to furnish such evidenc e of
performance of military service or of honorable discharge as
the Director of Human Resources may deem necessary.
10.4 Family Care Leave or Medical Leave. Upon request to
the appointing authority, during a “rolling” twelve (12) month
period measured backward from the date the employee uses
his/her FMLA leave, 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
b. 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.
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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.
The eighteen (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 eighteen (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 10.8 - Leave Without Pay-Use
of Accruals, below. When paid leave accruals are used for a
medical or family care leave, such time shall be counted as
part of the eighteen (18) week entitlement.
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 eighteen (18) weeks
during a “rolling” twelve (12) month period measured backward
from the date the employee uses his/her FMLA leave .
Employees requesting family care leave are required to advise
their appointing authority(ies) when their spouse is also
employed by the County.
For medical and family care leaves of absence under this
section, the following definitions apply:
Child: A biological, adopted, or foster child, stepchild, legal
ward, conservatee or a child who is under eighteen (18) years
of age for whom an employee stands in l oco parentis or for
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whom the employee is the guardian or conservator or an adult
dependent child of the employee.
Parent: A biological, foster, or adoptive parent, a stepparent,
legal guardian, conservator, or other person standing in loco
parentis to a child.
Spouse: A partner in marriage as defined in California Civil
Code Section 4100.
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 necess ities of life.
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
(e.g., physician or surgeon) as defined by state and federal
law.
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:
1. the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
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3. an estimate of the amount of time which the
employee needs to render care or supervision;
4. a statement that the serious health condition
warrants the participation of a family member to
provide care during a period of treatment, or
supervision;
5. 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.
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:
1. the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to
perform the functions of the employee's job;
5. if for intermittent leave or a reduced work
schedule leave, the certification should indicate
the medical necessity for the intermittent leave or
reduced leave schedule and its expected
duration.
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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 positions 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.
10.5 Pregnancy Disability Leave. Insofar as pregnancy
disability leave is used under Section 9.3.d - Sick Leave
Utilization for Pregnancy Disability, that time will not be
considered a part of the eighteen (18) week family care leave
period.
10.6 Group 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 10.8 - Leave Without Pay-Use of Accruals, below.
During the eighteen (18) weeks of an approved medical or
family care leave under Section 10.4 - Family Care Leave or
Medical Leave, 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 10.8. 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.
10.7 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
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without pay. Such absence may also be grounds for
disciplinary action.
10.8 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
Section 9.3 - 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 as provided in the sections below.
B. Family Care or Medical Leave. During the eighteen (18)
weeks of an approved medical 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 Section
9.3 - 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 (LTD) Benefit
Coordination. An eligible employee who files an LTD
claim and concurrently takes a leave of absence without
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pay will be required to use accruals as provided in
Section B herein during the eighteen (18) week
entitlement period of a medical leave specified in
Section 10.4 - Family Care Leave or Medical Leave
above. If an eligible employee continues beyond the
eighteen (18) week 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 Section 9.3 -
Policies Governing the Use of Paid Sick Leave .
10.9 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.
10.10 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
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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 comparab le position
adjusted on a pro rata basis.
10.11 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.
10.12 Furlough Days Without Pay. Subject to the prior
written approval of the appointing authority, employees may
elect to take furlough days or hours without pay (pre -
authorized absence without pay), up to a maximum of fifteen
(15) calendar days for any one period. Longer pre-authorized
absences without pay are considered leaves of absence
without pay. Employees who take furlough time shall have
their compensation for the portion of the month worked
computed in accord with Section 5.9 - Compensation for
Portion of Month of this MOU. Full time and part time
employees who take furlough time shall have their vacation,
sick leave, floating holiday and any other payroll-computed
accruals computed as though they had worked the furlough
time. When computing vacation, sick leave, floating holiday
and other accrual credits for employees taking furlough time,
this provision shall supersede Section 7 - Holidays, Subsection
7.1.b, Section 8 - Vacation Allowance, and Section 9 - Sick
Leave, of this MOU regarding the computation of vacation, sick
leave, floating holiday and other accrual credits as regards
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furlough time only. For payroll purposes, furlough time
(absence without pay with prior authorization of the appointing
authority) shall be reported separately from other absences
without pay to the Auditor-Controller. The existing VTO
program shall be continued for the life of the contract.
10.13 Unpaid Sabbatical Leave. Physicians and Dentists
with six (6) years or more of service credit may take up to 120
calendars days of unpaid leave of absence every six (6) years,
if an appropriate fill in provider is available to assume the
physician’s/ dentist’s regular responsibilities. This leave is
subject to the approval of the Health Services Director or
designee who will consider the timing of the leave and the
suitability of the replacement clinician. This provision is not
grievable.
Employees on unpaid sabbatical leave shall not accrue any
vacation, floating holiday or sick leave credit during this time,
nor shall they be paid for County holidays. In order to continue
their health benefits during this time , the employee must pay
both the County and their share of the health care premium
cost.
Employees must request such leave in writing to the Health
Services Director, including the dates of leave and name of fill-
in provider(s), at least ninety (90) calendar days before the
beginning of requested leave. Management will provide a
written reply within thirty (30) calendar days of the date of
receipt of the request, including an explanation if the request is
denied. This section will sunset at the conclusion of the term of
this agreement (date to be added at the conclusion of
bargaining).
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SECTION 11 - JURY DUTY AND WITNESS DUTY
11.1 Jury Duty. For purposes of this Section, jury duty shall
be defined as any time an employee is obligated to report to
the court.
a. When called for jury duty, County employees, like
other citizens, are expected to discharge their jury
duty responsibilities.
b. Employees shall advise their department as soon as
possible if scheduled to appear for jury duty.
c. If summoned for jury duty in a Superior, Federal
Court, or for a Coroner's jury, employees may
remain in their regular pay status, or they may take
paid leave (vacation, floating holiday, etc.) or leave
without pay and retain all fees and expenses paid to
them.
d. When an employee is summoned for jury duty
selection or is selected as a juror in a Superior or
Federal Court, employees may remain in a regular
pay status if they waive all fees (other than mileage),
regardless of shift assignment and the following
shall apply:
1. If an employee elects to remain in a regular pay
status and waive or surrender all fees (other than
mileage allowances), the employee shall obtain
from the Clerk or Jury Commissioner a certificate
indicating the days attended and noting that fees
other than mileage are waived or surrendered.
The employee shall furnish the court certificate
to his/her department where it shall be retained
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as a department record. No "Absence/Overtime
Record" must be submitted to the department
payroll clerk.
2. An employee who elects to retain all fees must
take leave (vacation, floating holiday, etc.) or
leave without pay. No court certificate is required
but an "Absence/Overtime Record" must be
submitted to the department payroll clerk.
e. Employees are not permitted to engage in any
employment regardless of shift assignment or
occupation before or after daily jury service that
would affect their ability to properly serve as jurors.
f. An employee on short notice standby to report to
court, whose job duties make short notice response
impossible or impractical, shall be given alternate
work assignments for those days to enable them to
respond to the court on short notice.
g. When an employee is required to serve on jury duty,
the County will adjust that employee's work
schedule to coincide with a Monday to Friday
schedule for the remainder of their service, unless
the employee requests otherwise. Participants in
9/80 or 4/10 work schedules will not receive
overtime or compensatory time credit for jury duty
on their scheduled days off.
h. Permanent-intermittent employees are entitled to
paid jury duty leave only for those days on which
they were previously scheduled to work.
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11.2 Witness Duty. Employees called upon as a witness or
an expert witness in a case arising in the course of their work
or the work of another department may remain in their regular
pay status and turn over to the County all fees and expenses
paid to them other than mileage allowance or they may take
vacation leave or leave without pay and retain all fees and
expenses. Part-time employees who give depositions on a
regular day off will be paid at the straight time rate. Scheduling
of depositions which would incur premium pay shall be at the
discretion of the appointing authority or designee.
Employees called to serve as witnesses in private cases or
personal matters (e.g., accident suits and family relations) shall
take vacation leave or leave without pay and retain all witness
fees paid to them.
Retention or waiver of fees shall be governed by the same
provisions as apply to jury duty as set forth above. Employees
shall advise their department as soon as possible if scheduled
to appear for witness duty. Permanent -intermittent employees
are entitled to paid witness duty only for those days on which
they were previously scheduled to work.
SECTION 12 - HEALTH, LIFE & DENTAL CARE
12.1 Health Plan Coverages. The County will provide
medical and dental coverage for permanent full time
employees (40/40) and permanent part time employees
(whose positions are designated as 20/40 or more) and for
their eligible family members, contained in one of the Health
Plan contracts and one of the Dental Plan contracts between
the County and the following providers:
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a. Contra Costa Health Plans (CCHP)
b. Kaiser Permanente Health Plan
c. Health Net (HMO and PPO)
d. Delta Dental
e. DeltaCare (PMI)
Employee Co-pays for these plans are shown on Exhibit E.
12.2 County Health and Dental Plan Monthly Premium
Subsidy:
A. County Premium Subsidy
1. For calendar year 2013, the County will pay the
following monthly premium subsidy:
a. CCHP A
Single: $591.64
Family: $1,409.61
b. CCHP B
Single: $602.31
Family: $1,431.19
c. Kaiser Permanente Health Plan
Single: $591.46
Family: $1,378.10
d. Health Net HMO
Single: $762.43
Family: $1,870.30
e. Health Net PPO
Single: $680.77
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Family: $1,617.19
f. Delta Dental with CCHP A or B
Single: $41.60
Family: $93.72
g. Delta Dental with Kaiser or Health Net
Single: $33.11
Family: $74.59
h. Delta Dental without a Health Plan
Single: $42.44
Family: $95.62
i. DeltaCare (PMI) with CCHP A or B
Single: $28.19
Family: $60.94
j. DeltaCare (PMI) with Kaiser or Health
Net
Single: $22.44
Family: $48.50
k. DeltaCare (PMI) without a Health Plan
Single: $28.76
Family: $62.17
2. For calendar year 2014, the County will pay the
following monthly premium subsidy:
a. CCHP A
Single: $600.51
Family: $1,430.76
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b. CCHP B
Single: $611.34
Family: $1,452.65
c. Kaiser Permanente Health Plan
Single: $614.78
Family: $1,432.42
d. Health Net HMO
Single: $853.92
Family: $2,094.74
e. Health Net PPO
Single: $753.81
Family: $1,790.70
f. Delta Dental with CCHP A or B
Single: $41.60
Family: $93.72
g. Delta Dental with Kaiser or Health Net
Single: $33.11
Family: $74.59
h. Delta Dental without a Health Plan
Single: $42.44
Family: $95.62
i. DeltaCare (PMI) with CCHP A or B
Single: $28.48
Family: $61.55
j. DeltaCare (PMI) with Kaiser or Health
Net
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Single: $22.67
Family: $48.99
k. DeltaCare (PMI) without a Health Plan
Single: $29.05
Family: $62.80
3. County Premium Subsidy On and After
January 1, 2015: Beginning on January 1,
2015, and for each calendar year thereafter,
the County will pay a monthly dollar premium
subsidy for each health and dental plan listed
in Section 12.2 A.(2) (County Premium
Subsidy) that is an amount equal to the actual
monthly dollar premium subsidy that is paid by
the County in December 2014. The amount of
the County subsidy that is paid for employees
and eligible family members for these plans will
thereafter be a set dollar amount and will not
be a percentage of the premium charged by
the health or dental plan.
B. Optometrists. For employees in the classification
Exempt Medical Staff Optometrist (VPS1), Section
12.2 A does not apply, and this section 12.2 B instead
applies. For each health and/or dental plan, the
County’s monthly dollar premium subsidy is a set
dollar amount and not a percentage of the premium
charged by the plan. The County will pay the
following monthly dollar premium subsidy:
a. CCHP A
Single: $509.92
Family: $1,214.90
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b. CCHP B
Single: $528.50
Family: $1,255.79
c. Kaiser Permanente Health Plan
Single: $478.91
Family: $1,115.84
d. Health Net HMO
Single: $627.79
Family: $1,540.02
e. Health Net PPO
Single: $604.60
Family: $1,436.25
f. Delta Dental with CCHP A or B
Single: $41.17
Family: $93.00
g. Delta Dental with Kaiser or Health Net
Single: $34.02
Family: $76.77
h. Delta Dental without a Health Plan
Single: $43.35
Family: $97.81
i. DeltaCare (PMI) with CCHP A or B
Single: $25.41
Family: $54.91
j. DeltaCare (PMI) with Kaiser or Health Net
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Single: $21.31
Family: $46.05
k. DeltaCare (PMI) without a Health Plan
Single: $27.31
Family: $59.03
C. If the County contracts with a health or dental plan
provider not listed above, the amount of the monthly
dollar premium subsidy that the County will pay to
that health or dental plan provider for employees and
their eligible family members shall not exceed the
amount of the monthly dollar premium subsidy that
the County would have paid to the former plan
provider.
D. In the event that the County premium subsidy
amounts are greater than one hundred percent
(100%) of the applicable premium of any health or
dental plan, for any plan year, the County’s
contribution will not exceed one hundred percent
(100%) of the applicable plan premium.
12.3 Retirement Coverage:
A. Upon Retirement:
1. Employees Hired On or Before December 12,
2006
a. Upon retirement and for the term of this
agreement, eligible employees and their
eligible family members may remain in
their County health/dental plan, but
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without County-paid life insurance
coverage, if immediately before their
proposed retirement the employees and
dependents are either active
subscribers to one of the County
contracted health/dental plans or if while
on authorized leave of absence without
pay, they have retained continuous
coverage during the leave period. The
County will pay the health/dental plan
monthly dollar premium subsidies for
eligible retirees and their eligible family
members set forth in Section 12.2
(County Health and Dental Plan Monthly
Premium Subsidy).
2. Employees Hired between December 13, 2006
– October 31, 2013.
a. Upon retirement and for the term of this
agreement, all employees covered by
Section 12.1, who were hired on or after
December 13, 2006 and before
November 1, 2013, are eligible for
retiree health coverage pursuant to the
terms outlined in Section 12.3A(1)(a)
above, upon completion of fifteen (15)
years of service as an employee of
Contra Costa County. For the purposes
of retiree health eligibility, one year of
service is defined as one thousand
(1,000) hours worked within one
anniversary year. The existing method
of crediting service while an employee is
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on an approved leave of absence will
continue for the duration of this
agreement. The County will pay the
health/dental plan monthly premium
subsidies for eligible retirees and their
eligible family members set forth in
Section 12.2 (County Health and Dental
Plan Monthly Premium Subsidy).
3. Employees Hired On or After November 1,
2013:
a. Eligibility for Retiree Health Coverage:
All employees covered by Section 12.1
hired on or after November 1, 2013, are
eligible for retiree health/dental
coverage pursuant to subsection (b)
below, upon completion of fifteen (15)
years of service as an employee of
Contra Costa County. For purposes of
retiree health eligibility, one year of
service is defined as one thousand
(1,000) hours worked within one
anniversary year. The existing method
of crediting service while an employee is
on an approved leave of absence will
continue for the duration of this
Agreement.
b. For eligible employees covered by
Section 12.1 hired on or after November
1, 2013, and their eligible family
members, no monthly premium subsidy
will be paid by the County for any health
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or dental plan after they separate from
County employment. However, any
such eligible employee who retires
under the Contra Costa County
Employees’ Retirement Association
(“CCCERA”) may retain continuous
coverage of a county health or dental
plan provided that (i) he or she begins to
receive a monthly retirement allowance
from CCCERA within 120 days of
separation from County employment, (ii)
he or she pays the full premium cost
under the health plan without any
County premium subsidy and (iii)
immediately before their proposed
retirement the employees and
dependents are either active
subscribers to one of the County
contracted health/dental plans or if while
on authorized leave of absence without
pay, they have retained continuous
coverage during the leave period.
4. Any person who becomes age 65 on or after
November 1, 2013, and who is eligible for
Medicare must immediately enroll in Medicare
Parts A and B.
B. Employees Who File For Deferred Retirement:
Employees covered by Section 12.1, who resign and
file for a deferred retirement and their eligible family
members, may continue in their County group health
and dental plan under the following conditions and
limitations.
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1. Health and dental coverage during the
deferred retirement period is totally at the
expense of the employee, without any County
contributions.
2. Life insurance coverage is not included.
3. To continue health and dental coverage, the
employee must:
a. be qualified for a deferred retirement
under the 1937 Retirement Act
provisions;
b. be an active member of a County group
health and/or dental plan at the time of
filing their deferred retirement
application and elect to continue plan
benefits;
c. be eligible for a monthly allowance from
CCCERA and direct receipt of a monthly
allowance within twenty-four (24)
months of application for deferred
retirement; and
d. file an election to defer retirement and
to continue health benefits hereunder
with the County Benefits Division within
thirty (30) days before separation from
County service.
4. Deferred retirees who elect continued health
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benefits hereunder and their eligible family
members may maintain continuous
membership in their County health and/or
dental plan group during the period of deferred
retirement by paying the full premium for health
and dental coverage on or before the 10 th of
each month, to the Contra Costa County
Auditor-Controller. When the deferred retirees
begin to receive retirement benefits, they will
qualify for the same health and/or dental plan
coverage pursuant to Section 12.3 A “Upon
Retirement” as similarly situated retirees who
did not defer retirement.
5. Deferred retirees may elect retiree health
benefits hereunder without electing to maintain
participation in their County health and/or
dental plan during their deferred retirement
period. When they begin to receive retirement
benefits, they will qualify for the same
coverage and/or dental coverage pursuant to
Section 12.3 A above as similarly situated
retirees who did not defer retirement, provided
reinstatement to a County group health and/or
dental plan will only occur following a three (3)
full calendar month waiting period after the
month in which their retirement allowance
commences.
6. Employees who elect deferred retirement will
not be eligible in any event for County health or
dental plan subvention unless the member
draws a monthly retirement allowance within
twenty-four (24) months after separation from
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County service.
7. Deferred retirees and their eligible family
members are required to meet the same
eligibility provisions for health/dental plans as
similarly situated retirees who did not defer
retirement.
C. Subject to the provisions of Section 12.3 subparts A,
B, and D and upon retirement and for the term of this
agreement, the following employees (and their eligible
family members) are eligible to receive a monthly
premium subsidy for health and dental plans or are
eligible to retain continuous coverage of such plans:
permanent full time employees (40/40) and
permanent part time employees (whose positions are
designated as 20/40 or more), who retire from a
position or classification that was represented by this
bargaining unit at the time of his or her retirement.
D. For purposes of this Section 12.3 only, ‘eligible family
members’ does not include Survivors of employees or
retirees.
12.4 Health Plan Coverages and Provisions – Part Time
Employees. The following provisions are applicable
regarding Permanent Part Time (19/40) Employees County
Health and Dental Plan participation:
A. Health, Dental and Life Participation by Permanent
Part Time (19/40) Employees: Permanent part-time
employees whose positions are designated as 19
hours (19/40) or less may participate in the County
Health or Dental plans (with the associated life
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insurance benefit) at the employee’s full expense.
12.5 Family Member Eligibility Criteria: The following
persons may be enrolled as the eligible Family Members of
a medical or dental plan Subscriber:
A. Health Insurance
1. Eligible Dependents:
a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s child to age 26
d. Employee’s Disabled Child who is:
(1) Over age 26,
i. Unmarried; and,
ii. Incapable of sustaining
employment due to a
physical or mental
disability that existed prior
to the child’s attainment of
age 19.
2. “Employee’s child” includes natural child, child
of a qualified domestic partner, step-child,
adopted child and a child specified in a
Qualified Medical Child Support Order
(QMCSO) or similar court order.
B. Dental Insurance
1. Eligible Dependents:
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a. Employee’s Legal Spouse
b. Employee’s qualified domestic partner
c. Employee’s unmarried child who is:
(1) Under age 19; or
(2) Age 19, or above, but under age
24; and,
i. Resides with the
Employee for more than
50% of the year excluding
time living at school; and,
ii. Receives at least 50% of
support from Employee;
and,
iii. Is enrolled and attends
school on a full-time basis,
as defined by the school.
d. Employee’s Disabled Child who is:
(1) Over age 19,
i. Unmarried; and,
ii. Incapable of sustaining
employment due to a
physical or mental
disability that existed prior
to the child’s attainment of
age 19.
2. “Employee’s child” includes natural child, child
of a qualified domestic partner, step-child,
adopted child and a child specified in a
Qualified Medical Child Support Order
(QMCSO) or similar court order.
12.6 Dual Coverage:
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A. On and after January 1, 2014, each employee and
retiree may be covered only by a single County health
(and/or dental) plan, including a CalPERS plan. For
example, a County employee may be covered under
a single County health and/or dental plan as either
the primary insured or the dependent of another
County employee or retiree, but not as both the
primary insured and the dependent of another County
employee or retiree.
B. On and after January 1, 2014, all dependents, as
defined by Section 12.5, Family Member Eligibility
Criteria, may be covered by the health and/or dental
plan of only one spouse or one domestic partner. For
example, when both husband and wife are County
employees, all of their eligible children may be
covered as dependents of either the husband or the
wife, but not both.
C. For purposes of this Section 12.6 only, “County”
includes the County of Contra Costa and all special
districts governed by the Board of Supervisors,
including, but not limited to, the Contra Costa County
Fire Protection District.
D. Optometrists. For employees in the classification
Exempt Medical Staff Optometrist (VPS1), the dates
set forth in subsections A and B do not apply.
Instead, this section 12.6 “Dual Coverage” applies
effective on and after January 1, 2010. With this
exception, all other provisions of section 12.6 apply.
12.7 Life Insurance Benefit Under Health and Dental
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Plans: For employees who are enrolled in the County’s
program of medical or dental coverage as either the primary
or the dependent, term life insurance in the amount of ten
thousand dollars ($10,000) will be provided by the County.
12.8 Supplemental Life Insurance: In addition to the life
insurance benefits provided by this agreement, employees
may subscribe voluntarily and at their own expense for
supplemental life insurance. Employees may subscribe for
an amount not to exceed five hundred thousand dollars
($500,000), of which one hundred thousand ($100,000) is a
guaranteed issue, provided the election is made within the
required enrollment periods.
12.9 Health Care Spending Account. After six (6)
months of permanent employment, employees may elect to
participate in a Health Care Spending Account (HCSA)
Program designated to qualify for tax savings under Section
125 of the Internal Revenue Code, but such savings are not
guaranteed. The HCSA Program allows employees to set
aside a predetermined amount of money from their pay, not
to exceed the maximum amount authorized by federal law,
per calendar year, before taxes, for health care expenses
not reimbursed by any other health benefit plans. HCSA
dollars may be expended on any eligible medical expenses
allowed by Internal Revenue Code Section 125. Any
unused balance is forfeited and cannot be recovered by the
employee.
12.10 PERS Long-Term Care: The County will deduct and
remit monthly premiums to the PERS Long-Term Care
Administrator for employees who are eligible and voluntarily
elect to purchase long-term care at their personal expense
through the PERS Long-Term Care Program.
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12.11 Dependent Care Assistance Program: The County
offers the option of enrolling in a Dependent Care
Assistance Program (DCAP) designed to qualify for tax
savings under Section 129 of the Internal Revenue Code,
but such savings are not guaranteed. The program allows
employees to set aside up to five thousand dollars ($5,000)
of annual salary (before taxes) per calendar year to pay for
eligible dependent care (child and elder care) expenses.
Any unused balance is forfeited and cannot be recovered by
the employee.
12.12 Premium Conversion Plan: The County offers the
Premium Conversion Plan (PCP) designed to qualify for tax
savings under Section 125 of the Internal Revenue Code,
but tax savings are not guaranteed. The program allows
employees to use pre-tax dollars to pay health and dental
premiums.
12.13 Prevailing Section: To the extent that any provision
of this Section (Section 12 Health, Life & Dental Care) is
inconsistent with any provision of any other County
enactment or policy, including but not limited to
Administrative Bulletins, the Salary Regulations, the
Personnel Management Regulations, or any other
agreement or order of the Board of Supervisors, the
provision(s) of this Section (Section 12 Health, Life & Dental
Care) will prevail.
12.14 Rate Information. The County Benefits Division will
make health and dental plan rate information available upon
request to employees and departments. In addition, the
County Benefits Division will publish and distribute to
employees and departments information about rate changes
SECTION 12 - HEALTH, LIFE & DENTAL CARE
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as they occur during the year.
12.15 Coverage Upon Separation: An employee who
separates from County employment is covered by his/her
County health and/or dental plan through the last day of the
month in which he/she separates. Employees who separate
from County employment may continue group health and/or
dental plan coverage to the extent provided by the COBRA
laws and regulations.
12.16 Partial Month. The County's contribution to the
health plan premium is payable for any month in which the
employee is paid. If an employee is not paid enough
compensation in a month to pay the employee share of the
premium, the employee must make up the difference by
remitting the amount delinquent to the Auditor-Controller by
the tenth (10th) of each month. The responsibility for this
payment rests with the employee. If payment is not made,
the employee shall be dropped from the health plan.
12.17 Coverage During Absences. Employees shall be
allowed to maintain their health plan coverage at the County
group rate for twelve (12) months if on approved leave of
absence provided that the employee shall pay the entire
premium (i.e. both employer and employee share) for the
health plan during said leave. Said payment shall be made
by the employee at a time and place specified by the County
by the tenth (10th) of each month. Late payment shall result
in cancellation of health plan coverage.
An employee on leave in excess of twelve (12) months may
continue group coverage subject to the provisions of the
Consolidated Omnibus Budget Reconciliation Act (COBRA)
provided the employee pays the entire cost of coverage,
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plus any administrative fees, for the option selected. The
entire cost of coverage shall be paid by the 10 th of each
month at a place and time specified by the County. L ate
payment may result in cancellation of health plan coverage
with no reinstatement allowed.
12.18 Child Care. The County will continue to support the
concept of non-profit child care facilities similar to the “Kid’s
at Work” program established in the Public Works
Department.
SECTION 13 - RESIGNATIONS
An employee's voluntary termination of service is a resignation.
Written resignations shall be forwarded to the Human
Resources Department by the appointing authority immediately
on receipt, and shall indicate the effective date of termination.
Oral resignation shall be immediately confirmed by the
appointing authority in writing to the employee and to the
Human Resources Department and shall indicate the effective
date of termination.
13.1 Resignation in Good Standing. A resignation giving
the appointing authority written notice at least two (2) weeks in
advance of the last date of service (unless the appointing
authority requires a longer period of notice, or consents to the
employee's terminating on shorter notice) is a resignation in
good standing.
13.2 Constructive Resignation. A constructive resignation
occurs and is effective when:
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a. An employee has been absent from duty for five (5)
consecutive working days without leave; and
b. five (5) more consecutive work days have elapsed
without response by the employee after the mailing
of a notice of resignation by certified mail by the
appointing authority to the employee at the
employee's last known address.
13.3 Expressed Resignation. A resignation is effective
when delivered or spoken to the appointing authority, operative
either on that date or another date specified.
13.4 Revocation. A resignation that is effective is revocable
only by written concurrence of the employee and the
appointing authority.
13.5 Coerced Resignations.
A. Time Limit. A resignation which the employee believes
has been coerced by the appointing authority may be
revoked within seven (7) calendar days after its
expression, by serving written notice on the Director of
Human Resources and a copy to the appointing
authority.
B. Reinstatement. If the appointing authority acknowledges
that the employee could have believed that the
resignation was coerced, it shall be revoked and the
employee returned to duty effective on the day following
the appointing authority's acknowledgement.
C. Contest. Unless, within seven (7) days of the receipt of
the notice, the appointing authority acknowledges that
SECTION 14 - DISMISSAL, SUSPENSION,
DEMOTION OR REDUCTION IN PAY
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the resignation could have been believed to be coerced,
this question should be handled as an appeal to the
Director of Human Resources.
D. Disposition. If the Director of Human Resources
determines that the resignation was coerced, the
resignation shall be deemed revoked and the employee
returned to duty effective on the day following the
decision but without loss of pay, subject to the
employee's duty to mitigate damages.
SECTION 14 - DISMISSAL, SUSPENSION, DEMOTION
OR REDUCTION IN PAY
14.1 Sufficient Cause for Action. The appointing authority
may dismiss, suspend, temporarily reduce the pay of, or
demote any employee for cause. The reduction in pay may not
exceed five percent (5%) for a three month period. The
following are sufficient causes for such action; the list is
indicative rather than inclusive of restrictions and dismissal,
suspension or demotion may be based on reasons other than
those specifically mentioned:
a. absence without leave,
b. conviction of any criminal act involving moral
turpitude,
c. conduct tending to bring the County into disrepute,
d. disorderly or immoral conduct,
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DEMOTION OR REDUCTION IN PAY
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e. inefficiency,
f. insubordination,
g. being at work under the influence of liquor or drugs,
carrying onto the premises liquor or drugs or
consuming or using liquor or drugs during work
hours and/or on County premises,
h. neglect of duty (i.e. non-performance of assigned
responsibilities),
I. negligent or willful damage to public property or
waste of public supplies or equipment,
j. violation of any lawful or reasonable regulation or
order given by a supervisor or Department Head,
k. willful violation of any of the provisions of the
County's ordinance,
l. material and intentional misrepresentation or
concealment of any fact in connection with obtaining
employment,
m. misappropriation of County funds or property,
n. unreasonable failure or refusal to undergo any
physical, medical and/or psychiatric exam and/or
treatment authorized by this MOU,
o. dishonesty or theft,
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DEMOTION OR REDUCTION IN PAY
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p. excessive or unexcused absenteeism and/or
tardiness,
q. sexual harassment, including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, or physical conduct of a
sexual nature, when such conduct has the purpose
or effect of affecting employment decisions
concerning an individual, or unreasonably interfering
with an individual's work performance, or creating an
intimidating and hostile working environment,
r. restriction or revocation of medical staff privileges.
14.2 Notice of Proposed Action. Before taking a
disciplinary action to dismiss, suspend, for more than five (5)
work days, temporarily reduce the pay of, or demote an
employee, the appointing authority shall cause to be served
personally or by certified mail, on the employee, a Notice of
Proposed Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges; including the acts or
omissions and grounds upon which the action is
based.
c. If it is claimed that the employee has violated a rule
or regulation of the County, department or district, a
copy of said rule shall be included with the notice.
SECTION 14 - DISMISSAL, SUSPENSION,
DEMOTION OR REDUCTION IN PAY
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d. A statement that the employee may review and
request copies of materials upon which the
proposed action is based.
e. A statement that the employee has seven (7)
calendar days to respond to the appointing authority
either orally or in writing.
14.3 Employee Response. The employee upon whom a
Notice of Proposed Action has been served shall have seven
(7) calendar days to respond to the appointing authority either
orally or in writing before the proposed action may be taken .
Upon request of the employee and for good cause, the
appointing authority may extend in writing the period to
respond. If the employee's response is not filed within seven
(7) days or during an extension, the right to respond is lost.
14.4 Leave Pending Employee Response. Pending
response to a Notice of Proposed Action within the first seven
(7) days or extension thereof, the appointing authority for
cause specified in writing may place the employee on
temporary leave of absence, with pay.
14.5 Length of Suspension. Suspensions without pay shall
not exceed thirty (30) days unless ordered by an arbitrator or
an adjustment board.
14.6 Procedure on Dismissal, Suspension, Disciplinary
Demotion, or Reduction in Pay.
A. In any disciplinary action to dismiss, suspend,
temporarily reduce the pay of, or demote a permanent
employee after having complied with the requirements
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DEMOTION OR REDUCTION IN PAY
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of Section 14.2 where applicable, the appointing
authority shall make an order in writing stating
specifically the causes for the action.
B. Service of Order. Said order of dismissal, suspension,
temporary reduction in pay, or demotion shall be filed
with the Director of Human Resources, showing by
whom and the date a copy was served upon the
employee to be dismissed, suspended, temporarily
reduced in pay, or demoted, either personally or by
certified mail to the employee's last known mailing
address. The order shall be effective either upon
personal service or deposit in the U. S. Postal Service.
C. Employee Appeals from Order. The employee may
appeal an order of dismissal, suspension, temporary
reduction in pay, or demotion through the procedures of
Section 15 - Grievance Procedure, of this MOU
provided that such appeal is filed in writing with the
Human Resources Director within ten (10) calendar
days after service of said order.
14.7 Employee Representation Rights. The County
recognizes an employee’s right to representation during an
investigatory interview or meeting that may result in discipline.
The County shall not interfere with th e representative’s right to
assist an employee to clarify the facts during the interview. If
the employee requests a union representative, the
investigatory interview shall be temporarily recessed for a
reasonable period of time until a union representative can be
present. For those interviews, which by nature of the incident
must take place immediately, the union will take reasonable
steps to make a union representative immediately available.
SECTION 15 - GRIEVANCE PROCEDURE
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The employer shall inform the employee of the general nature
of the investigation at the time the employer directs the
employee to be interviewed.
14.8 Disciplinary Investigations and Actions. During an
investigation which could result in disciplinary action, the
County at the written request of the employee will notify the
employee every thirty (30) days of the status of the
investigation, and the anticipated date that the investigation will
be concluded.
At the written request of the employee, except in termination,
all records of disciplinary actions shall be destroyed five (5)
years after the date of the disciplinary action, provided that:
1. there is no further incident/s of counseling or
disciplinary action; or
2. the document has not been cited in additional
disciplinary actions.
SECTION 15 - GRIEVANCE PROCEDURE
15.1 Definition and Procedural Steps. A grievance is any
dispute which involves the interpretation or application of any
provision of this MOU excluding, however, those provisions of
this MOU which specifically provide that the decision of any
County official shall be final, the interpretation or application of
those provisions not being subject to the grievance procedure.
PDOCC may represent the employee at any stage of the
process. Grievances must be filed within thirty (30) days of the
incident or occurrence about which the employee claims to
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have a grievance, and shall be processed in the following
manner:
Step 1. Any employee, group of employees, or employee
organization who believes that a provision of this MOU has
been misinterpreted or misapplied to his or her detriment shall
discuss the complaint with the employee's immediate
supervisor, who shall meet with the employee within five (5)
days of receipt of a written request to hold such meeting.
Grievances challenging suspensions, reductions in pay,
demotions and terminations may be filed at Step 2 within the
time frame set forth above.
Step 2. If a grievance is not satisfactorily resolved in Step 1
above, the grievant may submit the grievance in writing within
ten (10) work days to such management official as the
Department Head may designate. This formal written
grievance shall state which provision of the MOU has been
misinterpreted or misapplied, how misapplication or
misinterpretation has affected the grievant to the grievant's
detriment, and the redress the grievant seeks. A copy of each
written communication on a grievance shall be filed with the
Director of Human Resources. The Department Head or his or
her designee shall have ten (10) work days in which to respond
to the grievance in writing.
Step 3. If a grievance is not satisfactorily resolved in Step 2
above, the employee may appeal in writing within ten (10) work
days to the Human Resources Director. The Human
Resources Director or his/her designee shall have twenty (20)
work days in which to investigate the merit of the complaint,
and to meet with the Department Head and the grievant and
attempt to settle the grievance and respond in writing
SECTION 15 - GRIEVANCE PROCEDURE
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Step 4. No grievance may be processed under this Section
which has not first been filed and investigated in accordance
with Step 3 above, and filed within ten (10) work days of the
written response of the Human Resources Director or
designee. If the parties are unable to reach a mutually
satisfactory accord on any grievance which arises and is
presented during the term of this MOU, such grievance shall
be submitted to an Adjustment Board comprised of three (3)
PDOCC representatives, no more than two (2) of whom shall
be either an employee of the County or an elected or
appointed official of PDOCC presenting this grievance, and
three (3) representatives of the County, no more than two (2)
of whom shall be either an employee of the County or a
member of the staff of an organization employed to represent
the County in the meeting and conferring proce ss. The
Adjustment Board shall meet within twenty (20) work days of
receipt of the written request and render a decision. If the
County fails to meet the time limits specified in Step 4 and the
grievant demands in writing that an Adjustment Board be
convened, the County will convene an Adjustment Board within
ten (10) work days or the grievance will move to arbitration
upon demand. This step of the grievance procedure may be
waived by the written mutual agreement of the parties.
Step 5. If an Adjustment Board is unable to arrive at a majority
decision, either the grievant or the County may require that the
grievance be referred to an impartial arbitrator who shall be
designated by mutual agreement between the employee and
the Human Resources Director. Such request shall be
submitted within twenty (20) work days of the rendering of the
Adjustment Board decision. Within twenty (20) work days of
the request for arbitration, the parties shall mutually select an
arbitrator who shall render a decision within thirty (30) work
days from the date of final submission of the grievance
SECTION 15 - GRIEVANCE PROCEDURE
PDOCC - 115 - 2008-2016 MOU
including receipt of the court reporter's transcript and post
hearing briefs, if any. The fees and expenses of the arbitrator
and of the Court Reporter shall be shared equally by the
employee and the County. Each party, however, shall bear the
costs of its own presentation, including preparation and post
hearing briefs, if any.
15.2 Scope of Adjustment Board and Arbitration
Decisions.
A. Decisions of Adjustment Boards and arbitrators o n
matters properly before them shall be final and binding
on the parties hereto, to the extent permitted by law.
B. No Adjustment Board and no arbitrator shall entertain,
hear, decide or make recommendations on any dispute
unless such dispute involves a position in a unit
represented by PDOCC which has been certified as the
recognized employee organization for such unit and
unless such dispute falls within the definition of a
grievance as set forth in Subsection 15.1 above.
C. Proposals to add to or change this MOU or to change
written agreements supplementary hereto shall not be
arbitrable and no proposal to modify, amend or
terminate this MOU, nor any matter or subject arising
out of or in connection with such proposals, may be
referred to arbitration under this Section. Neither any
Adjustment Board nor any arbitrator shall have the
power to amend or modify this MOU or written
agreements supplementary hereto or to establish any
new terms or conditions of employment.
SECTION 15 - GRIEVANCE PROCEDURE
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D. If the Human Resources Director, in pursuance of the
procedures outlined in Step 3 above, or the Adjustment
Board in pursuance of the provisions of Step 4 above,
resolve a grievance which involves suspension or
discharge, they may agree to payment for lost time or to
reinstatement with or without payment for lost time.
E. No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment Board
or arbitration proceedings hereunder) will be recognized
unless agreed to by the County and PDOCC.
15.3 Time Limits. The time limits specified above may be
waived by mutual agreement of the parties to the grievance. If
the County fails to meet the time limits specified in Steps 1
through 3 above, the grievance will automatically move to the
next step. If an employee fails to meet the time limits specified
in Steps 1 through 5 above, the grievance will be deemed to
have been settled and withdrawn.
15.4 PDOCC Notification. An official with whom a formal
grievance is filed by a grievant who is included in a unit
represented by PDOCC, but is not represented by PDOCC in
the grievance, shall give PDOCC a copy of the formal
presentation.
15.5 Compensation Complaints. All complaints involving or
concerning the payment of compensation shall be initially filed
in writing with the Human Resources Director. Only complaints
which allege that employees are not being compensated in
accordance with the provisions of this MOU shall be
considered as grievances. Any other matters of compensation
are to be resolved in the meeting and confe rring process, and
if not detailed in the MOU which results from such meeting and
SECTION 16 – RETIREMENT
PDOCC - 117 - 2008-2016 MOU
conferring process shall be deemed withdrawn until the
meeting and conferring process is next opened for such
discussion. No adjustment shall be retroactive for more than
two (2) years from the date upon which the complaint was
filed.
15.6 Strike/Work Stoppage. During the term of this MOU,
PDOCC, its members and representatives, agree that it and
they will not engage in, authorize, sanction or support any
strike, slowdown, stoppage of work, sickout or refusal to
perform customary duties.
In the case of a legally-declared lawful strike against a private
or public sector employer which has been sanctioned and
approved by the labor body or council having jurisdiction, an
employee who is in danger of physical harm shall not be
required to cross the picket line, provided the employee
advises his or her supervisor as soon as possible, and
provided further that an employee may be required to cross a
picket line where the performance of his or her duties is of an
emergency nature and/or failure to perform such duties might
cause or aggravate a danger to public health or safety.
15.7 Filing by PDOCC. PDOCC may file a grievance at Step
3 on behalf of affected employees when action by the Co unty
Administrator or the Board of Supervisors violates a provision
of this MOU.
SECTION 16 – RETIREMENT
16.1 Contribution. Pursuant to Government Code Section
31581.1, through December 31, 2014, the County will
continue to pay fifty percent (50%) of the retirement
SECTION 16 – RETIREMENT
PDOCC - 118 - 2008-2016 MOU
contributions normally required of employees except for
employees in the classification Exempt Medical Staff
Optometrist (VSP1). Effective on October 1, 2011,
employees in the classification Exempt Medical Staff
Optometrist (VSP1) must pay one hundred percent (100%)
of the employee’s basic retirement benefit contributions,
without the County paying any part of the employees’
contributions. Effective on January 1, 2015, all employees
will pay one hundred percent (100%) of the employees’
basic retirement benefit contributions determined annually
by the Board of Retirement of the Contra Costa County
Employees’ Retirement Association without the County
paying any part of the employees’ contributions. All
employees are also responsible for the payment of the
employees' contributions to the retirement cost of living
program as determined annually by the Board of Retirement,
without the County paying any part of the employees’
contributions. The County will pay one hundred percent
(100%) of the employer’s retirement contribution determined
annually by the Board of Retirement.
16.2 Tier III Retirement Plan
A. Effective October 1, 2002, Tier 2 of the retirement
plan shall be eliminated and all employees in Tier 2 of
the retirement plan shall be placed in Tier 3.
B. Employees in Tier 2 with ten (10) or more years of
County/District service, will be eligible to participate in
the County’s buy back program. Employees may
replace Tier 2 benefits with Tier 3 benefits as follows:
1. Employee buys back two (2) years, County will
buy back one (1) year for a total of three (3)
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years of buyback.
2. Employee buys back four (4) years, County will
buy back two (2) years for a total of six (6)
years of buyback.
3. Employee buys back six (6) years, County will
buy back three (3) years for a total of nine (9)
years of buyback.
C. The Buy Back Program set forth in Section 16.2 (Tier
III Retirement Plan), which makes certain employees
eligible to replace Tier 2 service time with Tier 3
service time on specified terms terminates on
November 1, 2013.
16.3 Retirement Benefit - Employees who become New
Members of CCCERA on or after January 1, 2013
A. For employees who, under the Public Employees
Pension Reform Act (PEPRA), become New
Members of the Contra Costa County Employees
Retirement (CCCERA) system on or after January 1,
2013, retirement benefits are governed by the
California Public Employees Pension Reform Act of
2013 (PEPRA), (Chapters 296, 297, Statutes of
2012). To the extent this Agreement conflicts with any
provision of PEPRA, PEPRA governs.
B. For employees who, under PEPRA, become New
Members of CCCERA on or after January 1, 2014,
the cost of living adjustment to the retirement
allowance will not exceed two percent (2%) per year,
and the cost of living adjustment will be banked.
SECTION 17 - EDUCATION REIMBURSEMENT
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C. For employees who, under PEPRA, become New
Members of CCCERA, the disability provisions are
the same as the current Tier III disability provisions.
D. The County will seek legislation amending the County
Employees Retirement Law of 1937 to clarify that the
current Tier III disability provisions apply to
employees who, under PEPRA, become New
Members of CCCERA. The County will provide
PDOCC with a copy of the proposed legislation and
give PDOCC an opportunity to submit its comments.
PDOCC will support the passage of the legislation
and upon the County’s request, will call and send a
letter (on Union letterhead) in support of the bill to the
state legislator sponsoring the bill. In addition, upon
the County’s request, PDOCC will testify in support of
the bill before the state legislative committees
considering the bill.
SECTION 17 - EDUCATION REIMBURSEMENT
Permanent full time employees in classifications subject to this
MOU will be eligible for $600 each calendar year to be applied
to reimbursement for continuing education courses and
associated tests, medical books and journals, professional
dues, exam fees, medical/dental on-line computer services,
computer hardware and software, from a standardized County-
approved list or with appointing authority approval, provided
each employee complies with the provisions of the Computer
Use and Security Policy adopted by the Board of Supervisors.
Unused reimbursement entitlements may be carried over to
the next calendar year, but the maximum reimbursement
SECTION 18 - PAID PERSONAL
LEAVE/EDUCATIONAL LEAVE
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available in any calendar year may not exceed twice the
annual entitlement. Requests for reimbursement must be
submitted within ninety (90) days of the date the expense was
incurred. Permanent part-time PDOCC Unit members assigned
to positions of at least twenty (20) hours per week shall be
entitled to educational reimbursement on a prorated basis.
Effective January 1, 2007, the maximum amount will be
increased to eleven hundred fifty dollars ($1150) per calendar
year.
SECTION 18 - PAID PERSONAL LEAVE/EDUCATIONAL
LEAVE
18.1 Paid Personal Leave. In lieu of overtime or
compensatory time off provisions, permanent full time
employees with three (3) years of service in classes covered
by this MOU, will be credited with five (5) days of paid personal
leave. Incumbents of the Resident Physician classes are not
eligible for paid personal leave but service in such classes will
count towards the three (3) years credit to qualify for this
benefit. Said leave will be pro-rated for permanent part-time
employees, but will not be credited for permanent -intermittent
(on-call) employees.
This leave must be used during the calendar year in which
credited and may not be carried forward. This paid personal
leave is separate from paid vacation and will be accounted for
accordingly. Upon separation from County service there shall
be no pay off for unused personal leave credits.
18.2 Educational Leave. Each permanent full time
employee with one (1) or more years of service shall be
SECTION 18 - PAID PERSONAL
LEAVE/EDUCATIONAL LEAVE
PDOCC - 122 - 2008-2016 MOU
entitled to five (5) days leave with pay each calendar year to
attend courses, institutions, workshops or classes which
meet requirements for American Medical Association
Category One Continuing Medical Education or recognized
by the National Specialty Organization appropriate t o the
area of the employee's practice. Courses must be approved
in advance by the Department Head and the appointing
authority or designee, and must be completed prior to or
concurrent with the leave. Employees attending courses
which are scheduled and reimbursed by the Department and
attended during work hours shall not receive additional
leave.
Educational leave shall be scheduled in the same manner
as vacation leave. It must be used in the same calendar
year or the calendar year following the year the credit was
awarded. Health Services Department staff will advise
eligible employees annually, in the month of May, of the
balances available in the Education Leave Bank and
Education Reimbursement.
An employee who attends an approved course on a date for
which he/she is not regularly scheduled to work or who
completes an approved home study course will be granted
exchange time off or paid for the equivalent number of hours
at his/her hourly base rate. The employee must indicate
his/her preference for time off or pay in advance of taking
the course. The final determination will be at the discretion
of the Director of Medical Staff Affairs or designee. If the
employee is granted exchange time off in lieu of pay, the
employee will receive a voucher from the Director of Medical
Staff Affairs or designee. An original copy of an educational
leave voucher, signed by the appointing authority or
SECTION 19 - MILEAGE
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designee may be required at the time the leave is
scheduled.
Permanent part-time employees shall be entitled to
educational leave on a pro-rated basis.
18.3 Other Leave. In recognition of the requirement to attend
mandatory meetings during non-work time, permanent full time
employees with six years of service will receive an additional
five (5) days paid leave. This leave will be prorated for
permanent part-time employees. This paid leave will be
credited at the beginning of each calendar year and may not
be carried forward. Upon separation from County service, there
shall be no payoff for unused credits. Utilization of this leave
shall be applied for and authorized in accordance with Section
8.4 Vacation Preference.
SECTION 19 - MILEAGE
The mileage allowance for use of personal vehicles on County
business shall be paid according to the rates allowed by the
Internal Revenue Service and shall be adjusted to reflect
changes in this rate on the date it becomes effective or the first
of the month following announcement of the changed rate by
the Internal Revenue Service, whichever is later.
SECTION 20 - PAY WARRANT ERRORS
If an employee receives a pay warrant which has an error in
the amount of compensation to be received and if this error
occurred as a result of a mistake by the Auditor -Controller's
Department, it is the policy of the Auditor -Controller's
SECTION 21 - SERVICE AWARDS
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Department that the error will be corrected and a new warrant
issued within forty-eight (48) hours, exclusive of Saturdays,
Sundays and holidays from the time the Department is made
aware of and verifies that the pay warrant is in error. If the pay
warrant error has occurred as a result of a mistake by an
employee (e.g. payroll clerk) other than the employee who is
receiving the pay, the error will be corrected as soon as
possible from the time the department is made aware that pay
warrant is in error.
Pay errors in employee pay shall be corrected as soon as
possible as to current pay rate but that no recovery of either
overpayments or underpayments to an employee shall be
made retroactively except for the two (2) year period
immediately preceding discovery of the pay error. T his
provision shall apply regardless of whether the error was made
by the employee, the appointing authority or designee, the
Director of Human Resources or designee, or the Auditor-
Controller or designee. Recovery of fraudulently accrued over
or underpayments are excluded from this section for both
parties.
When the County notifies an employee of an overpayment and
proposed repayment schedule and the employee wishes to
meet with the County, a meeting will be held at which time a
repayment schedule shall be determined.
If requested by the employee, a PDOCC representative may
be present at a meeting with management to discuss a
repayment schedule in the case of overpayments to the
employee.
SECTION 21 - SERVICE AWARDS
PDOCC - 125 - 2008-2016 MOU
SECTION 21 - SERVICE AWARDS
The County shall continue its present policy with respect to
service awards including time off provided, however, that the
type of award given shall be at the sole discretion of the
County.
The following procedures shall apply with respect to service
awards:
a. Presentation Before the Board o f Supervisors. An
employee with twenty (20) or more years of service
may go before the Board of Supervisors to receive
his/her Service Award. When requested by a
department, the Human Resources Department will
make arrangements for the presentation ceremony
before the Board of Supervisors and notify the
department as to the time and date of the Board
meeting.
b. Service Award Day Off. Employees with fifteen (15)
or more years of service are entitled to take a day
off with pay at each five (5) years anniversary.
SECTION 22 - UNFAIR LABOR PRACTICE
Either the County or PDOCC may file an unfair labor practice
as defined in Board of Supervisor's Resolution 81/1165 against
the other. Allegations of an unfair labor practice, if not resolved
in discussions between the parties within thirty (30) work days
from the date of receipt, may be heard and decided by a
mutually agreed upon impartial third party.
SECTION 24 - LENGTH OF SERVICE DEFINITION
(For Service Awards and Accruals)
PDOCC - 126 - 2008-2016 MOU
SECTION 23 - INSURANCE
23.1 Malpractice. County medical personnel covered by this
MOU are covered under the self-insurance trust funds while
working within their course and scope of employment. The
exception to coverage is fraud, corruption or malice as defined
in Government Code 825. The Government Code confers
appropriate authority on the Board of Supervisors to administer
the self-insurance program. The Board approves all
settlements over $20,000 and accepts or rejects the
recommendations of the County's attorneys and the Office of
Risk Management regarding the option of trial. Any issues or
concerns, or request for information regarding the
administration of this plan may be directed to the Appointing
Authority or designee.
23.2 Long Term Disability Insurance. In 1994, the County
amended its existing long term disability income protection
program adopted by Resolution 82/1334 to include Residents
and to provide for eighty-five percent (85%) replacement of
basic monthly earnings, reduced by any deductible benefits.
Basic monthly earnings include base salary step plus any
stipend(s) computed as of the first day of the month in which
the disability commences or other loss occurs. All other
provisions of this plan remain unchanged.
SECTION 24 - LENGTH OF SERVICE DEFINITION (For
Service Awards and Accruals)
The length of service credits of each employee of the County
shall date from the beginning of the last period of continuous
SECTION 25 - PERMANENT PART-TIME
EMPLOYEE BENEFITS
PDOCC - 127 - 2008-2016 MOU
County employment (including temporary, provisional, and
permanent status, and absences on approved leave of
absence). When an employee separates from a permanent
position in good standing and within two (2) years is
reemployed in a permanent County position, service credits
shall include all credits accumulated at time of separation, but
shall not include the period of separation. The Human
Resources Director shall determine these matters based on
the employee status records in his department.
SECTION 25 - PERMANENT PART-TIME EMPLOYEE
BENEFITS
Permanent part-time employees receive prorated vacation and
sick leave benefits. They are eligible for health, dental and life
insurance benefits at corresponding premium rates providing
they work at least fifty percent (50%) of full time. If the
employee works at least fifty percent (50%) of full time, County
retirement participation is also included.
SECTION 26 - PERMANENT-INTERMITTENT EMPLOYEE
BENEFITS
Permanent-intermittent employees are eligible for prorated
vacation and sick leave benefits.
SECTION 27 - PERMANENT-INTERMITTENT EMPLOYEE
HEALTH PLAN
SECTION 27 - PERMANENT-INTERMITTENT
EMPLOYEE HEALTH PLAN
PDOCC - 128 - 2008-2016 MOU
27.1 A permanent-intermittent employee may participate in
the County Group Health Plan of co mbined medical, dental
and life insurance coverage, wholly at the employee's
expense, but at the group insurance rate. The County will
not contribute to the employee's monthly premium. The
employee will be responsible for paying the monthly
premium appropriately and punctually. Failure to meet the
premium deadline will mean automatic and immediate
withdrawal from the County Group Health Plan and
reinstatement may only be effectuated during the annual
open enrollment period.
27.2 The following benefit program is offered to
permanent-intermittent employees:
a. Program. The County offers CCHP Plan A-2
administered by Contra Costa Health Plan at the
premium subsidy amount below to those
permanent-intermittent employees who meet and
maintain eligibility.
1. Through December 31, 2013 the County will
pay a monthly premium dollar subsidy of
$253.90 only for the CCHP Plan A-2 premium
for a single individual.
2. For calendar year 2014, the County will pay a
monthly dollar premium subsidy of $255.54 for
the CCHP Plan A-2 premium for a single
individual.
3. Beginning on January 1, 2015, and for each
calendar year thereafter, the County will pay a
SECTION 27 - PERMANENT-INTERMITTENT
EMPLOYEE HEALTH PLAN
PDOCC - 129 - 2008-2016 MOU
monthly dollar premium subsidy for only the
CCHP Plan A-2 that is an amount equal to the
actual monthly dollar premium subsidy that is
paid by the County in December, 2014. The
amount of the County subsidy that is paid for
eligible permanent-intermittent employees will
thereafter be a set dollar amount and will not
be a percentage of the premium charged by
the CCHPA Plan A-2.
b. Eligibility. Initial eligibility for the monthly dollar
premium subsidy shall be achieved when an
employee has worked three (3) continuous
months of service at an average of fifty percent
(50%) time per month. In order to maintain
eligibility, a permanent-intermittent employee must
remain in paid status during each successive
month.
c. Pre-Pay. Employees who have achieved eligibility
under the terms of subsection b above will pre-pay
the employee’s portion of the premium cost so
that the effective date of enrollment begins
effective the first of the month of eligibility.
Employees must continue to pre-pay their portion
of the health insurance premium in order to
continue benefits. In addition, employees who
meet the eligibility requirements and who have
been voluntarily paying for a county group health
program shall be allowed to enroll in CCHP Plan
A-2 without a waiting period.
SECTION 28 - PERSONNEL FILES
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d. Family Coverage. Employees may elect to
purchase at their own expense, family coverage,
including domestic partner, and shall follow the
procedures outlined in subsection c above for
payment for this optional coverage.
e. Implementation. Open Enrollment periods shall
be for thirty (30) days and coincide with the open
enrollment period for County employees.
Permanent-intermittent employees who are not
currently eligible, but who subsequently meet the
eligibility requirements, shall be notified of their
eligibility and shall have thirty (30) days to decide
whether or not to elect coverage under this
program.
f. Employees who are temporarily ineligible may
purchase, at their own cost, the plan in
accordance with the procedures set forth by the
Contra Costa County Health Plan.
Nothing in Section 27.2 shall prevent an employee from
electing health coverage under either Section 27.1 or 27.2.
SECTION 28 - PERSONNEL FILES
An employee shall have the right to inspect and review any
official record(s) relating to his or her performance as an
employee or to a grievance concerning the employee which is
kept or maintained by the County in the employee’s personnel
file in the Human Resources Department or in the employee’s
personnel file in their Department. The employee’s union
representative, with written authorization by the employee,
SECTION 29 – CATASTROPHIC LEAVE BANK
PDOCC - 131 - 2008-2016 MOU
shall also have the right to inspect and review any official
record(s) described above. The contents of such records shall
be made available to the employee and/or the employee’s
union representative, for inspection and review at reasonable
intervals during the regular business hours of the County.
Employees shall be permitted to review their personnel files at
the Personnel office during their work hours. For those
employees whose work hours do not coincide with the
County’s business hours, management shall provide a copy of
the employee’s personnel file for their review. The custodian
of records will certify that the copy is a true and correct copy of
the original file.
SECTION 29 – CATASTROPHIC LEAVE BANK
Catastrophic Leave Bank. The County Human Resources
Department will operate a Catastrophic Lea ve Bank which is
designed to assist any County employee who has exhausted
all paid accruals due to a serious or catastrophic illness, injury,
or condition of the employee or family member. The program
establishes and maintains a Countywide bank wherein any
employee who wishes to contribute may authorize that a
portion of his/her accrued vacation, compensatory time,
holiday compensatory time or floating holiday be deducted
from those account(s) and credited to the Catastrophic Leave
Bank. Employees may donate hours either to a specific eligible
employee or to the bank. Upon approval, credits from the
Catastrophic Leave Bank may be transferred to a requesting
employee’s sick leave account so that employee may remain in
paid status for a longer period of time, thus partially
ameliorating the financial impact of the illness, injury, or
condition.
SECTION 29 – CATASTROPHIC LEAVE BANK
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Catastrophic illness or injury is defined as a critical medical
condition, a long-term major physical impairment or disability
which manifests itself during employment.
Operation. The plan will be administered under the direction of
the Director of Human Resources. The Human Resources
Department will be responsible for receiving and recording all
donations of accruals and for initiating transfer of credits from
the Bank to the recipient’s sick leave account. Disbursement of
accruals will be subject to the approval of a six (6) member
committee composed of three (3) members appointed by the
County Administrator and three (3) members appointed by the
majority representative employee organizations. The
committee shall meet as necessary to consider all requests for
credits and shall make determinations as to the
appropriateness of the request. The committee shall determine
the amount of accruals to be awarded for employees wh ose
donations are non-specific. Consideration of all requests by the
committee will be on an anonymous requester basis.
Hours transferred from the Catastrophic Leave Bank to a
recipient will be in the form of sick leave accruals and shall be
treated as regular sick leave accruals.
To receive credits under this plan, an employee must have
permanent status, must have exhausted all time off accruals to
a level below eight (8) hours total, have applied for a medical
leave of absence and have medical verificat ion of need.
Donations are irrevocable unless the donation to the eligible
employee is denied. Donations may be made in hourly blocks
with a minimum donation of not less than four (4) hours from
balances in the vacation, holiday, floating holiday,
compensatory time, or holiday compensatory time accounts.
Employees who elect to donate to a specific individual shall
SECTION 29 – CATASTROPHIC LEAVE BANK
PDOCC - 133 - 2008-2016 MOU
have seventy-five percent (75%) of their donation credited to
the individual and twenty-five (25%) credited to the
Catastrophic Leave Bank.
Time donated will be converted to a dollar value and the dollar
value will be converted back to sick leave accruals at the
recipient’s base hourly rate when disbursed. Credits will not be
on a straight hour-for-hour basis. All computations will be on a
standard 173.33 basis. Except that employees on other than a
forty (40) hour week will have hours prorated according to their
status.
Any recipient will be limited to a total of one thousand forty
(1040) hours or its equivalent per catastrophic event; each
donor will be limited to one hundred twenty (120) hours per
calendar year.
No element of this plan is grievable. All appeals from either a
donor or recipient will be resolved on a final basis by the
Director of Human Resources.
No employee will have any entitlement to catastrophic leave
benefits. The award of Catastrophic Leave will be at the sole
discretion of the committee, both as to amounts of benefits
awarded and as to persons awarded benefits. Benefits may be
denied, or awarded for less than six (6) mon ths. The
committee will be entitled to limit benefits in accordance with
available contributions and to choose from among eligible
applicants on an anonymous basis those who will receive
benefits, except for hours donated to a specific employee. In
the event a donation is made to a specific employee and the
committee determines the employee does not meet the
Catastrophic Leave Bank criteria, the donating employee may
authorize the hours to be donated to the bank or returned to
SECTION 30 - REDUCTION IN FORCE
PDOCC - 134 - 2008-2016 MOU
the donor’s account. The donating employee will have fourteen
(14) calendar days from notification to submit his/her decision
regarding the status of their donation, or the hours will be
irrevocably transferred to the Catastrophic Leave Bank.
Any unused hours transferred to a recipient will be returned to
the Catastrophic Leave Bank.
SECTION 30 - REDUCTION IN FORCE
It is understood between the parties that budget reductions
and program changes may cause separations and/or
reductions of hours affecting classes represented by PDOCC.
The practice privileges of any represented physician or dentist
shall not be affected by reduction in force.
The following procedures shall be followed. Items subject to
grievance are noted with an asterisk (*). Those noted with a
double asterisk (**) are subject to grievance for alleged
procedural violations only. Those not noted with an asterisk are
not grievable.
1. Skill Lists are based on uniqueness of skills and are
listed below:
Adult Outpatient Medicine
Allergy
BioEthics
Dental
Dental – Oral surgery
Dermatology
Disability Retirement Reviewer
Emergency Medicine
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PDOCC - 135 - 2008-2016 MOU
EMS
Family Medicine
Family Medicine – Short Notice
Gastroenterology With Procedures
Gastroenterology Without Procedures
HIV
Medicine – Inpatient
Medicine Inpatient for Psychiatry
Neurology
OB-GYN – Inpatient
OB-GYN – Outpatient
Occupational Health
Oncology
Pathology
Pediatrics
Pediatrics – Output
Peds – Child Development
Public Health Communicable Disease
Psychiatry – Hospital based (PES & Inpatient)
Psychiatry – Outpatient
Residents 1, 2 , & 3
Surgery – Inpatient
Surgery – Ortho
Surgery – Outpatient Only
Surgery – Urology
*2. Physicians and Dentists will be assigned to the
appropriate Skill List(s) based upon current regular weekly
clinical assignments.
If the physician or dentist is not currently assigned to do the
work of a skill list, he/she may still qualify for the skill list if:
SECTION 30 - REDUCTION IN FORCE
PDOCC - 136 - 2008-2016 MOU
a. he/she has been assigned to do the work of
the skill list in that department, division or
service for one consecutive year during the
prior four (4) years within CCHS, AND
b. if he/she currently maintains sufficient
unrestricted privileges to practice or serve
has been customary in that department,
division or service.
3. Physicians and Dentists can be on more than one
skill list.
*4. Date for seniority for the Family Medicine Skill List is
based on date of hire in the classification of Exempt
Medical Staff Physician, Exempt Medical Staff Dentist, or
Resident Physician with CCHS. Date for seniority for all
other Skill Lists is based on the date of assignment into the
clinical department relevant to the Skill List as in #2 above.
5. PPT and FT status are equivalent for seniority. All PI
physicians and dentist will have less seniority than all FT &
PPT. All physicians and dentists in a PI position on the date
of adoption of this MOU by the Board of Supervisors will
be, within sixty (60) calendar days, offered the opportunity
to convert to a PPT (20/40) position. To be eligible to
accept this offer, a PI physician or dentist:
a. must agree to work twenty (20) hours weekly
on a regularly scheduled basis, and
b. must respond in writing to Health Services
Personnel no later than thirty (30) calendar
days from the date of mailing of the offer to
convert.
SECTION 30 - REDUCTION IN FORCE
PDOCC - 137 - 2008-2016 MOU
6. Date for seniority is not based on position hours
except as above.
*7. New hires will be placed on one or more Skill Lists
as appropriate, based on their proposed regular weekly
assignment and sufficient unrestricted privileges in
accordance with the principles in #2 above, and based on
the dates as per #4 above.
8. It is management’s decision as to whether or not to
have a reduction in force (not grievable).
9. Once management has determined the need for a
reduction in force, it is management’s decision as to which
Skill List(s) to reduce (not grievable) and how much to
reduce each Skill List (not grievable). However,
management agrees to meet and discuss these matters
prior to implementation, including consideration of
voluntary reduction in position hours by physicians or
dentists in the Skill List(s) identified for reduction.
**10. Reductions will occur by eliminating the least senior
physician or dentist on the targeted Skill List(s) until
management has completed the desired reduction in each
Skill List.
**11. A physician or dentist who resides on two (2) Skill
Lists and whose hours are eliminated or reduced from one
Skill List could choose to regain all lost hours by “bumping”
the least senior individual(s) from the other Skill List where
he/she resides provided the provider qualifies for the Skill
List in accordance with #2 above. (Example: Doc A is on
the ED Skill list and on the Family Medicine Skill list. He
SECTION 30 - REDUCTION IN FORCE
PDOCC - 138 - 2008-2016 MOU
works 40 hours weekly in the ED. We choose to reduce
ED doc hours. Doc A is at the bottom of the ED Skill List
because he was the last one hired to that department, but
he is not on the bottom of the Family Medicine Skill List
because other docs have been hired to do Family
Medicine since Doc A. Doc A can choose to bump out the
doc or docs who have a total of forty (40) hours who are at
the bottom of the Family Medicine List.)
**12. A physician or dentist who resides on three (3) or
more Skill Lists and whose hours are eliminated or
reduced from one list could choose to regain all lost hours
by “bumping” the least senior individual(s) from the other
lists where he/she resides provided the physician or
dentist qualifies for the skill list that he/she is bumping into
in accordance with #2 above. Depending on the hours
required, it is possible that individuals may be bumped
from more than one Skill List (Consider examples).
13. A physician or dentist who resides on only one Skill
List and whose hours are eliminated or reduced does not
have an option to “bump”.
14. Reassignment of work schedules may follow
“bumping” as permitted in this MOU under the provisions
governing Involuntary Permanent Change of Assignment.
**15. Should a physician or dentist have his/her hours
reduced or eliminated due to a reduction in force, the
physician or dentist has the right to be rehired back within
four (4) years of his/her layoff date to perform the work of
the Skill List(s) they previously resided on before any new
physician or dentist is employed to perform that same skill
set or be placed on those same Skill List(s). The physician
SECTION 30 - REDUCTION IN FORCE
PDOCC - 139 - 2008-2016 MOU
or dentist seeking rehire must have maintained current
competence and be eligible for basic unrestricted
privileges necessary to perform the typical work of the Skill
List to which he/she desires to be rehired.
16. Physicians or dentists who voluntarily leave
employment do not have rehire rights a s outlined in #15
above.
**17. Temporary physicians and dentists will be assigned
to Skill List(s) and will be laid off before any PDOCC
member is laid off or has his/her hours reduced due to a
reduction in force.
18. This agreement in no way affects the County’s ability
to continue to contract for physicians in accordance with
past practices nor does it require the County to lay off any
contractor before a PDOCC member, except that any
layoffs in psychiatry will not result in a violation of the
language elsewhere in this MOU governing the ratio of
contract to employed psychiatrists.
**19. The County will provide PDOCC and any PDOCC
members who, as a result of a workforce reduction, would
suffer layoff or hours reduction with sixty (60) calendar
days notice of layoff or hours reduction. If the affected
member could “bump” (see item 10 or 11 above), the
member would have fourteen (14) calendar days to notify
the County of this intention. The County would then give
sixty (60) calendar days notice to PDOCC an d to the
member who was “bumped”. If the provisions in Items 10
and 11 above applied, this cycle would repeat until
reduction in force had been accomplished.
SECTION 30 - REDUCTION IN FORCE
PDOCC - 140 - 2008-2016 MOU
**20. Seniority is maintained for any physician or dentist
who has a break in service of less than two (2) years as a
result of layoff, except that period of break in service does
not count as time towards seniority.
*21. Any physician or dentist who has vacated the class
of exempt medical staff physician or exempt medical staff
dentist in order to take a management position may bump
back into his/her appropriate Skill List(s), (as defined in #2
above), should their management assignment be subject
to workforce reduction.
*22. The County agrees to meet and confer with PDOCC
no later than ninety (90) calendar days following the
ratification of this MOU to assign every current member of
PDOCC to the Skill Lists.
**23. The County will furnish PDOCC annually each
January beginning in 2008 the Skill Lists for PDOCC’s
review. PDOCC will have forty-five (45) calendar days
from receipt of these lists to grieve any placement on the
list. If PDOCC does not grieve the placement on the Skill
Lists within forty-five (45) calendar days, then the lists
stand as written and are not grievable should layoffs occur
before the next annual review.
24. Either PDOCC or the County can use the period of
annual review referenced in #23 above to consider
additions, modifications or deletions to the Skill List
categories. All additions, modifications, or deletions must
be agreed to by both parties.
*25. Should a reduction in force occur during the interim
between the annual reviews, the two (2) parties would
SECTION 31 - PROBATIONARY PERIOD
PDOCC - 141 - 2008-2016 MOU
meet and confer regarding the placement on Skill List(s)
of:
a. all physicians and dentists hired since the
last annual review,
b. those physicians and dentists reassigned
since the last annual review, and
c. those physicians and dentist claiming
eligibility for a Skill List due to the acquisition
of new skills since the last annual review.
SECTION 31 - PROBATIONARY PERIOD
Effective with Board of Supervisors’ approval of the MOU,
upon initial appointment employees in classifications subject to
this MOU (excluding Exempt Medical Staff Resident
Physicians) shall serve a twelve (12) month probationary
period commencing on the date of appointment. The
probationary period shall not include time served in temporary
or residency appointments or any period of continuous
absence exceeding fifteen (15) calendar days. Employees will
receive an evaluation during the probationary period.
The regular appointment of a probationary employee shall
begin on the day following the end of the probationary period,
subject to the condition that the Director of Human Resources
receive from the appointing authority a statement in writing that
the services of the employee during the probationary period
were satisfactory and that the employee is recommended for
permanent appointment. If a clerical or administrative error
delays a probationary report and it is determined that it was the
intent of the appointing authority to retain the probationer, the
employee affected will not suffer any loss of pay or benefits.
SECTION 33 – BILINGUAL PAY
PDOCC - 142 - 2008-2016 MOU
Employees will serve a probationary period unless at the
discretion of the appointing authority the probationary period is
waived for employees who have previously served one (1) year
or more in a permanent position in good standing in this
bargaining unit and who have not been separated from County
service for a period of more than five (5) years.
During the probationary period, employees are subjec t to
termination by the appointing authority without cause and
without right of appeal or compliance with Section 14 -
Dismissal, Suspension, Reduction in Pay, and Demotion , or
Section 15 - Grievance Procedure.
SECTION 32 - SPECIAL STUDIES/OTHER ACTIONS
Grievance Procedure. Representatives of the County shall
meet and confer with representatives of the Labor Coalition in
order to develop rules and guidelines governing the conduct
and administration of Adjustment Boards.
Safety Committee. Departments without a Safety Committee
shall establish a committee within ninety (90) days of the
effective date of this agreement. The Union shall appoint all
labor representatives to the Committee. All Safety Committees
shall schedule their meetings.
SECTION 33 – BILINGUAL PAY
A salary differential of one hundred dollars ($100.00) per
month shall be paid to incumbents of positions requiring
bilingual proficiency as designated by the appointing authority
SECTION 34 - ADOPTION
PDOCC - 143 - 2008-2016 MOU
and Director of Human Resources. Said differential shall be
paid to eligible employees in paid status for any portion of a
given month. Designation of positions for which bilingual
proficiency is required is the sole prerogative of the County.
The Union shall be notified when such designations are made.
SECTION 34 - ADOPTION
The provisions of this MOU shall be made applicable on the
dates indicated and upon approval by the Board of
Supervisors. Resolutions and Ordinances, where necessary,
shall be prepared and adopted in order to implement these
provisions. It is understood that where it is determined that an
Ordinance is required to implement any of the foregoing
provisions, said provisions shall become effective upon the first
day of the month following thirty (30) days after such
Ordinance is adopted.
SECTION 35 - SCOPE AGREEMENT AND SEPARABILITY
OF PROVISION
35.1 Scope of Agreement. Except as otherwise specifically
provided herein, this MOU fully and completely incorporates
the understanding of the parties hereto and constitutes the
sole and entire agreement between the parties in any and all
matters subject to meet and confer. Neither party shall, during
the term of this MOU demand any change herein, provided
that nothing herein shall prohibit the parties from changing the
terms of this MOU by mutual agreem ent.
PDOCC understands and agrees that the County is not
obligated to meet and confer regarding wages, hours or
SECTION 36 - FAIR LABOR STANDARDS ACT
PROVISIONS
PDOCC - 144 - 2008-2016 MOU
conditions of employment during the term of this extended
agreement, except as otherwise required by law.
35.2 Separability of Provisions. Should any section, clause
or provision of this MOU be declared illegal, unlawful or
unenforceable, by final judgment of a court of competent
jurisdiction, such invalidation of such section, clause or
provision shall not invalidate the remaining portions hereof,
and such remaining portions shall remain in full force and
effect for the duration of this MOU.
35.3 Salary Ordinance. Where a specific provision
contained in a section of this MOU conflicts with a specific
provision contained in a section of the Mast er Salary
Ordinance (Res. 83/1), the provision of this MOU shall prevail.
Those provisions of the Master Salary Ordinances within the
scope of representation which are not in conflict with the
provisions of this MOU and those provisions of the Master
Salary Ordinance which are not within the scope of
representation shall be considered in full force and effect.
35.4 Duration of Agreement. This Agreement shall continue
in full force and effect from October 1, 2008 to and including
October 31, 2016. Said Agreement shall automatically renew
from year to year thereafter unless either party gives written
notice to the other prior to ninety (90) days from the aforesaid
termination date of its intention to amend, modify or terminate
the agreement.
SECTION 36 - FAIR LABOR STANDARDS ACT
PROVISIONS
SECTION 36 - FAIR LABOR STANDARDS ACT
PROVISIONS
PDOCC - 145 - 2008-2016 MOU
The Fair Labor Standards Act, as amended, may govern
certain terms and conditions of the employment of employees
covered by this MOU. It is anticipated that compliance with the
Act may require changes in some of the County policies and
practices currently in effect or agreed upon. If it is determined
by the County that certain working conditions, including but not
limited to work schedules, hours of work, method of computing
overtime, overtime pay and compensatory time off entitlements
or use, must be changed to conform with the Fair Labor
Standards Act, such terms and conditions of employment shall
not be controlled by this MOU but shall be subject to
modification by the County to conform to the federal law,
without further meeting and conferring. The County shall notify
PDOCC and will meet and confer with said organization
regarding the implementation of such modifications.
Date: _____________________
CONTRA COSTA COUNTY PDOCC
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