The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-649 T IE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Resolution on October 1, 2002, bythe following vote: AYES: Supervisors Uilkema, DeSm1ni.er, Glover and Gioia NOES: lone MISENT: None ABSTAIN: Supervisor Gerber* Resolution No. 2002/-ba Subject: Adopt the Memorandum of Understanding) W. th the Physicians' and Dentists' ) Otganization of Contra Costa ) 131: IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the eilension of the Memorandum of Understanding (MOU) [copy attached and included as pirt of this document] between Contra Costa County and the Physicians' and Dentists' Organization of Contra Costa -jointly signed by Kathy Ito, Labor Relations Manager, ar d Dr. Stephen Daniels, PDOCC President - regarding economic terms and conditions fc ~ January 1, 1999 through September 30, 2005 for those classifications represented by that employee organization. *See attacYted addend= 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 shows: ATTESTED:October 1, 2002 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By - Deputy Cor4act:Human Resources Department(Kathylto a 5-1785) cc: Labor Relations Unit Personnel Services Unit Auditor-Controller County counsel Dr.Stephen Daniels,PDOCC ADDENDUM TO ITEM D.3 — October 1, 2002 Supervisor Gerber made the following statement: "Mr. Chairman, on this item, based on my husband's employment,there may be a requirement for disqualification. So to avoid the appearance of any possible conflict with the State Political Act, I am disqualifying myself from acting on closed session employee organization negotiations and on this agenda item. The circumstances are indirect and not obvious in the law, so I am acting affirmatively in order to avoid any appearance of conflict. I am actually going to leave the room while you consider this." L R i i � � � 4 ♦ L • # r ! ! � " i � i � # wig. • • ! # i w ' r ! � �' ! t i r • DEFINITIONS 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. Count : 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 CountyAdministrator 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. PDOCC - 2 - '1999-2005 MOu • # # w • M Al ■ # # � # # r # r w # • # i # • r # • # # # # r ■r SECTION I - ORGANIZATION RECOGNITION ;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 'I - ORGANIZATION RECOG'NITI-QN---_,_ PDOCC is the formally recognized employee organization for the representation unit listed below, and such organization has been certified as such pursuant to the Board Order dated December 19, 1995. Physicians' and Dentists' 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. O[ganization Responsibility. PDOCC agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in all classes represented by PDOCC regardless of whether they are members of PDOCC. PDOCC - 4 - 1999-2005 MOU SECTION 2 - ORGANIZATION SECURITY S. Enrollment of New Em l + es. 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 the termination of the MOU, shall as a condition of 1 . Become and remain a member of PDOCC or; . 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 iaw, 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 PDOCC 1999-2005 MOO SECTION 2.- ORGANIZATION SECURITY objection to joining or financially supporting a public employee organization; and b. pay a sum equal to the agency shop fee described in Section 2.2.8.2 to a non- __ —religions; r�or�=1b�►r;--Z;ltt � ____vund_. _..__.___ 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 PDOCC - 6 - 1999-2005 MOU 40 10 4F w 4w SECTION 2 - ORGANIZATION SECURITY E. Periods of Separation. The provisions of Section 2.2.13.2 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 -layoff- duration lay_off;.duration of more than thirty (30) days. F. Compliance. 1 . An employee employed in or hired into a job class represented by PDOCC shall be provided with an Employee Authorization for Payroll 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 2.2.13.3 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 PDOCC - 8 - 9999-2005 Mbt) ..........li SECTION 2 - ORGANIZATION S ECUR17 Y G. Recision of Agcy Shap. 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 —_---o ._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 PQOCC continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with-Sections G.3 and GA. 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 recision, 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 PDOCC _ 10 - I AAA-2nn.5 Mnl t WIND r g o i ' i ' i ' i • i . i • . - � be i • + * f 1 SECTION 2 . ORGANIZATION SECURITY 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 -.-ofthe_.authorization__ orrri 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 places 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. 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. Pn0CC _ 'i 2 _ ia94_2nn5 mni i SECTION Z - ORGANIZATION SECURITY Such placement and/or distribution shall not b6 performed by on duty employees. PDOCC shall be allowed access to work locations in which it represents employees for the following purposes: _.. . .__e:_ _- To post literature on bulletin board ; b. to grange 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 charge of the work area, and the visit will not interfere with County services. 2.4 Use of County Buildings. PDOCC shall be IY- allowed-the use of areas normally used for meeting purposes for meetings' of County employees except during the hours of 8:00 a.m. and 0;00 p.m., (Monday through Friday when: a. Such. space is available; PDOCC - 13 - 1 ma-anns; uni i SECTION Z - ORGANIZATION SECURITY 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 appointed 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 at least twenty-four (24) hours before the item.will be heard, shall constitute notice. Pnnr .r. - IA - i 44q-7nnn Mni i 01 4 ! « jlilillzlilloM: Fulldo 0 �► - ! . « • ! • ! # ! ! « « l ! « ! .► « « « 0 SECTION 2 - ORGANIZATION SECURITY 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 Trainin-g. 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 Physiclans and Dentists as Emplovees or Contractors. A. Employees or Contractors. Effective upon adoption of the Memorandum of Understanding by the Board of Supervisors, the 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 - 16 -� 1999-2005 MOU SECTION 2 - ORGANIZATION SECURITY 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 5. Oral Surgery 7. General Dentistry 3. general Practice 9. Medical and Surgical Registrars B. Ps, hiatrists. No less than sixty percent (fig%) of the psychiatric service hours provided annually by the County will be provided by employee psychiatrists assigned to positions in the PDOCC Bargaining Unit. within sixty (60) days of a request from PDOCC, but no more than once a year, the Health Services Department shall provide an alphabetical list of all psychiatrists working for the Department with their number of weekly scheduled work hours, and the total number of weekly scheduled work hours (excluding vacation and sick leave), for bath employed and contracted psychiatrists, at the time of PDOCC's request. 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. PDOCC - 17 - 1 AAA-2nnK Uni i SECTION V - NO DISCRIMINATION 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 Mee .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 PDOCC 1 - 1999-2005 MOU » � e . # , \ , - ■ ■ Mi \ . . � � � _ e - ® � ■ � � - � e - ■ � � . � ■ � * ' _ ■ - ■ � ■ _ � � � � � � _ � a - : � _ fe _ � , ■ ■ 2 ± _ � ■ . . . . . $ � ` ® # $ . - - $ .: . .■ � 40 f ■ « ff ` # $ 2 ` � _ e f . � � . ` ■ e ■ fie � - � - f � � l � f � . � � ■ - ■ � � , : . $ � ■ - � � � _ ■ � - ref . e � . ® � � < , � f ef : e , °% # _ ee � ± � ■ � e e � t $ � - 2 \ � - � ° ® ■ @ � ■ ■ � ■ $ � e � - e - ® _ � » ef � � � �e . . - � � � . ■ * - � ea . f ® : ■ < � � e � - e � . : - - f ^ - ■ � � � _ ■ s ■ e � ' ■ 2 ■ � � - � � J - ■ - ® � � « . ref . . � e \ f ' f . ■ - \ ee � e - e of - � e - � - � t � « . 2 - ■ � - ■ , . . . � f ■ $ , f . . � � - � � - � � $ � $ f -. e . $ � - t � , � a , e ■ ® ■ @ lot ■ ■ f ■ � . « . . ' ■ $ r ° ; = 2 : _ , f � e � e � e �� e \ , ■ # � # ` ' e � - . � - - � � e e � � e e ■ e e _ ~ e � �e \ e � f , $ $ � � � _ e . � � » ■ � � # ® ' � © � - ® � � ' - $ �� e � � ■ ■ - ■ . , $ � , , , ^ ■ � � :#. SECTION S - SALARIES representatives shall not exceed two (2) without prior approval of the Labor relations Manager, and that advance 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. Effective on the dates indicated,. each represented classification shall be increased as follows: October 1 , 1999: 5.0% increase October 1 , 2000: 3.0% increase October 1 , 2001 : 4.0% increase October 1 , 2002: 5.0% increase :October 1 , 2003: 3.0% increase October 1 , 2004: 3.0% increase D. Lump Sum Payment. The October 1 , 1999 increase will be pard in a Lump Sum Payment to each employee for the months of October, November and December 1999, and . for the months of January, February, March, April, 2000 without interest, computed as follows: Employee regular pay, overtime pay and specific other earnings ordinarily computed as a percentage of base pay will be added together for each ,applicable pay period to determine the appropriate PDOCC - 20 - 1999-2005 MOU _.. • ! - ! op 40 • .. ! 40 i A ! • ! « . ! i • . i ! ' ! • • ! !! ! SECTION 5 - SALARIES 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 6 in the applicable salary range and will include a justification for the .appointment. 5.3 Reapl2o ntment. 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. Eased 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 PDOCC . 22 - '1999-2005 MOU __--_-______-.-______.................................................................................................. r - r ' • r ,M • r r r Iraf • wr � � � � i � „ . Ir . r ` I • - - - +r rI � • r • • wr - r - . • • � r r ' r • r +� . • r • . r • r I w r w r " r � � I M ♦ - " r w ♦ I " " � w " • • �, ,. r r r r ` � � x » . rr +w • w r r r • • • _ w • .. w ,! r r - • - ,, r r rr rr rw r " r I w w " r . . r • r - w � � � � • • r - r • • r • r r " .. r --too * r I • • r - r " w w r - 00 SECTION 5 - SALARIES 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 (1 oth) 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 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 PDOCC - 24 . 1999-2005 MOU 1 r r I ♦ I a � # # ` # r I ` # ' # I r w � • w I ♦ # I • • I # A► � i • ! i • I r � I 40 SECTION 5 - SALARIES classification shall be established in.accordance with Section 5.2. 5.11 Salary on Change of Assignment. .�.rri rrrr 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 salaryupward. if such an assignment is temporary (typically not exceeding one year duration), the Exempt Medical Staffw Member°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 fallowing 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 PDOCC - 26 - 1999-2005 MOU a i ` i r r mo i ' � .. • r i # w ` • i i i i � • ` i +i i ' i � ' i . ` . f • �" i r i .. 40 r i • i h .. rAw i • � ' • • ! SECTION 5 - SALARIES 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 (leads., (e.g.. , Nursery, Ambulatory Medicine, and Out Patient Psychiatry, and Detention), the Assistant- Residency- Director, the Assistant Surgical ' Registrar Chief, Ahe Assistant Surgical Chief and other comparable assignments deemed 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 PDOCC - 28 . "1999-2005 MOU � � � # � � � • � § • ■ �■ - ■ . �� f ° . $ e . T � , . e f e e _ $ e � e e � � 7 _ $ � $ : e = � f % , - $� f e e - e . ■ ' @ ^ � , ■ $ - . $ - ■ . $ � e � - f ® a � e . � .# � � ■ $ $ � � 2 f � ee fes . � ■ ee ' . . - : J , ■ ee ® � � < f f � e � � � � e ± « � � � � - . . f e - e $ � � , \ � - $ , � � � 3 $ « ■ � � � � $ ' » @ � @ � � �. � , , � . ? . # � � ° � - � e � � . # w �� : � e � ± $ $ . - f : - � e - f et � ° , $ � e � � � t # � � e . e � � ? ■ � , � .� ■ ■ � � $ @ \ � � � $ � . . : . � a � ■ . \ $ $ ■ � e � , � $ , . e . - , � � , e $ � � � , � �$ ._ - � - $ . � $ � , e . :■ ° ° f . ` _ e , �■ � e � . � f $ %. e e , � e • � ■ . f - . , - � e @ - - � � � � - � e fe $ � - - � � - 3 fe m � , : � © , f - e e e - � e ' -. ■ e ^ � § . e ` : . , ' , ■ � � $ # � � � � � � ■ . t ® � $ « . - - � , ■ < ' : � � � ■ e # e , . ■ e e � � e ® ' � , $ - $ � . � � � � * ■ . ® � � e , . - # � .e � , © � - e . ■ - � - ■ # � «» . e � _ - � e � � - � � # _ �■ � - - es � - � $ f f � t , _ � � � � ® # � � * e ■ - � , ■ � , � - a - � � � � e ® . e � $ - - e e f ■ � e - � ' $ : ' � - ■ � � _ ■ � : - ' °e f � � e f � »� ■ ` * _ - � ® e e � . - � . . e - � - e � � � ■ - � e . & a $ � . . : _ � % � - � - $ , » - $ : a _ , � ■ - < © � ® ■ - � � . . ® � ® 3® � - - � $ - ■ e \ � f � � ! " . ■ ■ ■ SECTION 6 - DAYS AND FOURS OF WORK physicians assigned primarily to the Emergency Department, fora forty (40) hour position will consist of thirty-six (38) hours of direct patient care, and four (4) hours of administrative time. This administrative time shall 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 shall be decided by the appropriate . Department Head. Administrative time shall be in blocks of four hours. 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. 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 (f) 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 PDOCC - 30 . 1999-2005 MOU . SECTION 6 -DAYS AND HOURS OF WORK Department of Family Medicine. The decision of the appointing authority or designee regarding eligibility and scheduling of at rink" blocks shall be final. Sixteen (18) consecutive hours per week on call time (paid 1 :4) may be scheduled instead of four (4) hours of "direct patient care" with the employee's approval. B. Administrative Time -- Emerpencv 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 lieu - 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�j 34-39 3 3 38-33 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 PDOCC - 31 - 1999-2005 MOU .................... SECTION 6- MAYS AND HOURS OF WORK 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 "backup coverage" when assigned. Time worked as "back-up coverage" will be paid at the rate set forth in Section 5.6 - 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 physician hours assigned to the Emergency Department. C. Administrative Time — Family Practice. 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. Can or after the completion of twelve (12) years of County service in a permanent status, "at risk„ Administrative Time as described in Section 5.1 .A maybe 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 PDOCC _ 32 - 1999-2005 MOU SECTION 6 - BAYS AND HOURS OF WORK their schedules based upon their years of service as a 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 6.1 .F may be increased to the following total weekly hours: Position Staff Development Hours per Week Hours Per Week 38-40 8 28-35 4 24-27 3 Cin 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. D Administrative Time -- Dental Clinics. Dentists who are scheduled to work an average of six (6) or more PDOCC - 33 - 1999-2005 MMU SECTION 6 - DAYS AND HOUR'S OF.WORK 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" Administrative Time as described in Section 6.1 .A 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 6.1 .17 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. E. Telephone Backup. Sixteen consecutive hours per week of telephone advice nurse backup on-call time (paid 1 :8) may be scheduled instead of two hours of "direct patient care" at the discretion of the appointing authority or designee. Individual employees with regular evening or Saturday clinic, PDOCD - 34 - 1999-2005 MOU # r ! i • • • w ' f ' ! ! # ,. • • ' AL do w w f f • ! .r • ! # w ! • • # w w ! !. ! - ! � ' w • ! • • art ! # ! ! • • ' ' # w ' # ! ' w w � ' • ' ! ! ! w ! w ! r �• ' � w w � w ' ' � ! w # SECTION 6 - DAYS AND HOURS OF WORK 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. G. 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 physicians base rate plus ten dollars ($10) per hour. Except for those physicians given assignments in the PDOCC - 36 - '1999-2005 MOU _. _IZIMM we lw 0 p=09mane SECTION 6 - DAYS AND HOURS OF WORK H. Implementation. Schedules reflecting the administrative hours and staff development hours will be implemented ninety (90) days after the adoption of this MOU. 6.2 Physician Call. The basic call obligation for physicians is defined in Section 6.1 above and is compensated as part of the employee's base monthly rate. Physicians who take additional on-call obligations will be paid on the following schedule: a. one (1 ) hour of straight time pay for each four hours of call (1 :4) for Anesthesia, Orthopedics, Surgery, Medicine, Pediatrics, OB Joint denture Health Flan or Advice first call and other comparable assignments deemed appropriate by the appointing authority. b. one (1 ) hour of straight time pay for each eight hours of call (1 .8) for Pathology, OI, Opthamology, Health Officer, Plastic Surgery, Hand Surgery, Detention, Psychiatry, Health Plan or advice backup, and other comparable assignments deemed appropriate by the appointing authority. Pathology will be paid at the rate of 1 .4 until such time as a classification and pay range for specialists is developed and approved by the .Board. Gail pay does not continue during the time the physician is called back. PDOCC - 38 - 1999-2005 MOU ............. __ ^ � a � � # � � : � ■ � e ` . e ■ - , - _ , \ $ ■ § } \ \ \ f P - : \OEM _ 2 _ � � f = � � t > � � , , � - e � t � � � � � , _ � � -? � e ' ■ \� � � ■ , � ® . _ � � . � e ? fe ■ @ � � � . » - , - e . - ■ e ■ ■ ee ■ - @ . e $ * 00 ^ $ - ■ lw ° f ■ fee . - . � @ # ■ . . © � « ■ f � § � � � < a � � � « � ■ ^ - $ ■ e _ \ $ ■ � � e � e ` e � ■ � � � � e ' ■ ■ f e , $ f \ � _ � � � @ ® _ e ■ � $ � » . e ■ . « f a \ . a $ ® . � ^ e � e t . e e � ■ e �■ @ � � � - e _ e , \ - ■ , - eOF » ` � ■ � � . � � \ } � 7 . � ® � � ■ . . ~ � » � � e � � � � e $ � � � # ■ ■ - ■ _ ■ ¥ � . . . ■ . « - ® . . . 2 ® � 2 - - $ � - �$ e . « � e `, � $ ■ - � $ . . e ^ - 2 ■ � e � . � ■ * _ - ■ - ^ = tio MEMO , e ® , , ? ■ ° . _ ?f \ . $ - - ■ t 0 e e ■ f . e , ■ ■ � ■ � � ■ � � , e , � f � � e � � � ` e , � e � - � $ f � ■ . ■ e � ° � $ ' � � . e � $ #� � ■ � < � � e 2 f � e . � e � $ < � - � � � ' � ■ . . � e - # , � e $ � f, ^ : �� » � � ■ . � f # � ■ - $ e e - ■ e $ - � � e f e e . # e ® w _ ee e � e � ' e , � e � � � ■ � ' ■ ■ � � � � " ! . ■ ■ � � � e SECTION 7-HOLIDAYS Monday - Thursday 7:00 a.m. - 1.1:00 p.m. $10 per hour Friday 7:00 a.m. - 7:00 p.m. $10 per hour Monday - Thursday 11:00 p.m. - 7:00 a.m. $330 per hour Fri., Sat., Sun. 7:00 p.m. 7:00 a.m. $40 per hour Saturday, Sunday 7:00 a.m. - 7:00 p.m. $20 per hour Holidays will be paid as weekends. Urgent Care in the evenings and on weekends will be compensated' as emergency room pay. 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. SECTION 7 - HOLIDAYS 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 Memorial Day July 4th, known as Independence Day . First Monday in September, known as Labor Day November 11 th, 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. PDOCC -40 . '1999-2005 MOU -- .................................. . � . » � - � e e f � � � � , - . � . e � ■ ° � 2 ? e _ � � e , � $ ■ m � ■ . . . ® � � � ® ©- ■ . $ e , l � of e � @ f \ e ■ - f \ � ■ e � e � f � � - e ° � � � ■ ® e » � ` , �� e � � # � , r e ■ . ■ f � e ' e . e � f� � _ . � . � 2 � e � - _ . e . ' $ ■ $ # f . e , e ■ . ^ - $ � e � ■ � � � . e � � � .� » ° � ° ■ e � � � � � � # � ■ � ■ ■ , . � � ■ e � �: $ � � e e , . �■ ` � - � � � ■ ■ 2 � . - . � ® ■ - - � . � � � � % � , , � � , , , \ � � ■ \ - e e ■ e � e � e � � ■ ,_ . - e � � # .ems � ` a e of , ■ e � e � e ■ f f < e � - � - . e � . e � . � $ a . ■ ■ � � � � $� e � ■ � » e � � . �e - . � of f Vie \$ � e # , � � - � - - � # ■ � © « e ■ - - e e � . . e � � - . � ~2 ■ � � � fe � $ @ - e « � e # � f. . e , ■ � � 3 ■ � * e � � e ■ _ � e ■ ` � e , ` 4 � � f � m � e 2 f $ � e � : e e _ � � � � . � . ■ � � i e a e $ § � � ■ ■ t � � $ ■ f f . ■ � - f$ _ \ ? � # - e f : - » � � � � ■ ■ � f - . . � ■ - ® f 2 f ■ . e � � e e , ° e e $ < - � « ■ e 2 ■ ■ � f ■ � � � ' ■ � � � � ® ■ � f - � - � ■ . $ � .�. . ■ ^� � - a � e � e ■ : . � 2 . . � ■ f ■ � tee ■ . ■ e f $ . _ $ � SECTION 8 - VACATION LEAVE If a holiday falls on the days off of an employee on a schedule other than Monday through Friday, the employee shall be given credit for their basic salary-rate or granted time off on. the employee's next scheduled work day. If any holiday listed above falls on a Saturday, it shall be celebrated on the preceding Friday. If any holiday listed in Section 7.1 falls on a Sunday, it shall be celebrated on the following Monday. 7.3 Holiday Credit for Part-Time EmWovees. Permanent part-time employees shall receive holiday credit in the same ratio to the holiday credit given full time employees as the number of hours per week in the part-time employee's schedule bear to the number of hours in the regular full time schedule, regardless of whether the holiday falls on the part-time employee's regular work day. 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 PDOCC -42 - '1999-2905 MOU � � ^ ■ � = w � . # . . . \ � ' � e � - « , \^ , f ■ f _ . � 2 � - - � a ■ e � - �@ ■ . � � ` � � - e � � � . � e # ■ � $ � § $ ` _ � e . - ® � . - � # . e � e � � ` e . � : , - ■ $ � � f \ , � � � _ \ . � � � e ■ _ \ , � � ■ � . e � ■ f , e e . � _ . e \ � . ` e � ® , e � .. ■ � e � .f e e � e � e - a � ■ ` � e : . f : f � e - � � _ - � . $ e � e e � ■ � � $ e ° � .�. ■ . . ' ® - %. � . . . . : � e - ? �$ � ■ f � - � . � � � - � � � � � ® - � � � f : ■ � , $ ^ 2 � a ^ ° e � � . � ® � . : : ® � ■ $ e ■ 2 � �� ■ 2 � ■ � » ^ - � t ® � . � � � ■ � � ■ � � ® ` e - ® $ eke e - pro- 0 4 - ■ ■ - $ ` ■ - . , ' . . - , , @ � : � � e � ■ $ � e e � f « �- - � � � - ° # � lw . . ■ ^ � ■ , � . � � - # � ■ � � � . � . e ` . . ■ a , 2 � ■ e - @IV f , l - $ ■ ` ° � � e . . $ , ■ $ . e e . . : f ■ . e � � � � f � $ � � � � . . . ■ ^ - . . - . � $ - e � � f - � ■ e � � . » - _ < : , � � e ■ ee � _ ^ . . � � � ® � ' � _ � �� ■ � � ` ■ � - � � e - ® fe e e . . » ■ § e f ■ , \ - ■ $ , .IV _ , e e . ■ ' ■ e . » - � ° . ! • ' . ■ ■ $ SECTION 8 - VACATION LEAVE 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. E. 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 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 430 30 years and up 23-1/3 560 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. PDOCC - 44 - 1999-2005 MOU ! t • / ik • � tM M a 1 # r ! ! r A A � � ► i a ! ! ` r ! ! ` +y�! ! ! ` "► ! s ! �" !. ley, SECTION 9 SICK LEAVE 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, anemployee'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 Covernina 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-law, mother-in-law, daughter-in-law, son-in-law, brother-in- PDOCC -46 - '1999-2005 MOU f d • • ' . • # lw .................... SECTION 9 SICK LEAVE for which the employee is qualified by reason of 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 heave for permanent disability. 3. The appointingauthority 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. PDOCC -48 . 1999-2005 MOU # ... # i `` # • i 10 # SECTION 9 - SICK LEAVE 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 dates of the employee's recovery from such disability. e. Medical and Cental 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 Famiiy. 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 PDOCC - s0 - 1999-2005 MOU SECTION 9 . SICK LEAVE appropriate may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. h'. Legal Adoption of a Child. Maid sick leave credits may be used by an employee upon adoption of the child. L 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 Payy, 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. �. 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: DOCC - 51 - 1999-2005 MOU SECTION 9 - SICK LEAVE a. Employ eye 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. 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. PDOCC - 52 . 1999-2005 MOU - . .................................................................................... . � ■ ! � � � � fe , ® � , _ ■ � � e - e ? ° : f � � - f � & ■ ^ ■ � � ® m � . � � � � « � f � < ^ f» � � � � � e � � Q � ± � f , ■ e $ ' ° # - f � , � _ � . � ® , e _ $ � � e � � , _ ■ e . f ^ # .e - f , ■ « � � . . � � ■ � � - ■ � � ' ® � e � ■ ' � ■ � � �a ® - \ $ fie , . . , _ . e � fe . � ' � ■ . _ � » e ° a � � ■\� . . - : � � f . � . .. � . ■ : � a $ � . ■ e � e $ _ e � . , ' � � f . � e e � 2 f } , ■ ■ - � � � e � - e � f . - : \ + ■ � ? » � a ` � , ■ - � f e � � � e � e . - f � e ■ - f \ f ■ - � ® - - e � e - � ■ � e a� - e � , � - f ■ e � f � ■ f « e e t■ e � � f - e $ ' � � - f ■ ■ � � e . _ � $ � � _ ■ � � e + � , �@ $ , � � � � � «� � e f : � e f ■ - . # . y 04 & , ° . « $ . . . _ : ae ■ ■ e ■ - . � � e - e ■ � � $ # e m . � � \ � e ■ f - # , \ . @ - - \ @ $ � � e � ' � e $ � ` . ® . . - ® i ' ■ . � ° � � - ■ � � . � � $ e � ® - e e - - � - � e w ■ ■ < © e SECTION 9 - SICK LEAVE 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. 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 Disabiii . 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 PDOCC - 54 - 1999-2005 MOU e � � 2 ' , $ $ e ■ _ \ . e � ' $ - � ■ � : . # e e - $ » . _ . * ' ® t f e ■ ■ t - ■ # f ^ ee _ e « f _ � e ■ � , .� ■ � � fe e - ■ ® $ � . ' e f - ■ e f - ■ f , $ ■ ■ $ e < ■ + . \ $ . e - $ a $ $ . $ � . _ f © e ■ * - . . . - ■ s ■ - - - � e , - . a \ - ` ■ � f f e � ee � f ■ ® e ■ ® © . . . . � � � � � ■ ■ fes . ■ � \e , f e ■ . e - - 0 2 e \ ' e ■ ■ . J2.e ® . * , e ■ - ■ - . , , e e , - - ■ � . . � , $ # : ■ . \ - , e e . , fe e $ 0 00 , ■ f 0 . e - \e ■ \ \ , e $ 2 . e 00 . f . e ® ■ - ^ ■ , e - 2 » e , � � - ■ � - � . e f m ■ .■ . , � $ , e . .f , . e ■ ■ ■ . f - ■ . * e f , # , 00 e e , . ■ . . - ® ■ ® � : � < � » f , e e . ■ - # $ : 2 » � \$ ' ie $ ■ - it . , ■ f ■ ■ - $ ' e ` ■ ■ - - ■ ■ r \ 2 - , ¥ < _ ■ e _ e - 3 e 0 . ` e e � - � e _ - ■ $ e $ $ - : , $ .. ■ ■ $ SECTION 9 - SICK LEAVE 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 undergo 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 performance 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%. 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 PDOCC - 56 - 1999-2005 MOU SECTION 9- SICK LEAVE 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 86% of regular monthly salary during any period of compensable .temporary disability not to exceed one year. "Compensable temporary disability absence" for the purpose of this Section', is any absence due to work connected disability which qualifies for temporary disability compensation under Workers' Compensation taw set forth in Division`4 of the California Labor Code. When any disability becomes medically permanent and stationary, 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. PDOCC - 57 - 1999-2005 MOU SECTION 9 - SICK LEAVE .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 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, ioyoff, 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 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. 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. P®OCG - 58 - '1999-2005,MOU ♦ t r ! f z*� r r r � « � ` � r f ` r • ! f in ! + r ♦ r • ! ♦ � ! f ,w r r f « w r r r ! • ! r ! r .� ` ! r f f • SECTION 90 - LEAVE OFABSENCE C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary For example: W = $960.00Imo. Workers'.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 'Durina Leave Without Pay. No.employee who Inas 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. SECTION 10 - LEAVE OF ABSENCE 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 PDOCC - 60 - 1999-2005 MOU ■ . ■ .� _ ee � e � « « ® � e2 $ ■ � � - ■ � . e e . , � �.� . ■ - : � e . � � � � � - # � ? ^ :_ � f ± � © ■ � � # � � � , � @ . y� � $ � - . f � � © ■ - . fe .e efe � � ® f � . � _ e � e $ ■ : e ' � « � , . e � � � , � � ■ � , �� : . . � � e � e f ` f . � ® ■ � e ■ � fe . � \ , e ` � � e � ■ - e � ef �� e , $ � ` ■ ® � � - - � 2 � Q � , - ■ f e $ tee . e , � � � - � ■ e � f ¥ # � � � . . . $ _ : � � . e \ . � ■ » � - � # � . - � - e ■ � a of me � � � t � e � f « ® ■ - \ e 2 e < 2 l : ■ ® � e . � � : �� . . � a � e _ e � # $ , ■ . ■ of � , $ � � � e f � � - - . e � � e - f # 2f � f - � . . ' - . � ■ f � - � . � ® � � 4 < ° a � ® - e 2 ■ . e � ^ e � � � if # $ e � ^ - _ � « - � � - # f e ■ � $ � . . � # ■ - ■ # f � e \ - e � f ? � ® # e � � _ e � � < _ f � ■ f - e . - j , $ e � � . $ e � e ` � - � ; + ■ - ■ - _ - � e ® \ - - � . e � - � � � $ ■ � ■ � e � , � e e . ■ � - ■ # ■. . � � �e .. � # � - ■ � , e $ � te � _ � � e � � e � . , - ■ ■ � � , � � _ . . . # � � . � � . SECTION 10 - LEAVE OF ABSENCE 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 shall be granted to an employee who so requests it for up to eighteen (18) weeks in each calendar year period in accord 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 PDOCC - 62 - 1999.2005 MOO ! 0 ,- # � • ' ; 11Y # ' # r ` # IIA � �. # ' # # • # • ! * 41 SECTION 10 - LEAVE OF ABSENCE 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 evidence 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, in each calendar year any.employee who has permanent status shall be entitled to at feast 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. PDOCC - 64 - 1999-2005 MOU SECTION 10- LEAVE OF ABSENCE 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 each calendar year period. Employees requesting family care leave are required to advise their appointing authority(les) 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) PDOCC - 65 - 1999-2005 MOU SECTION 10 - LEAVE of ABSENCE years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator or an adult dependent child of the employee. 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 necessities 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; PDOCC - 66 . 1999-2005 MOU SECTION 10 - LEAVE'OFABSENCE 2. the probable duration of the condition, I 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; . 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 PDOCC - 67 - 1999-2005 MMU .......... SECTION 10 - LEAVE of ABSENCE necessity for the intermittent leave or reduced leave schedule and its expected duration. 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 9.8.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.-5 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. Curing 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, PDOCC - 68 - 1999-2005 MOU a-Myl ! 111-11#ALoq! Tia AM SECTION 10 - LEAVE OF ABSENCE 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 DisabilityLTD) Benefit Coordination. An eligible employee who flies an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Section B herein during the eighteen (18) week entitlement period of a medical leave specified in Section 10.4- Fami!y 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 PDOCC - 70 - '1999-2005 MOU SECTION 10 - LEAVE OF ABSENCE 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 5/44 schedule shall be reinstated to the same or comparable position if the return to work is after no more than 94 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 74 .:hours, including use of accruals, of intermittent or reduced schedule leave. At .the time the original leave is approved, the appointing authority shall notify the employee in.writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5144 shall have the time frame for reinstatement to the same or comparable 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 (5) 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. PDOCC - 71 - 1999-2005 MOU SECTION II -JURY DUTY AND MTNESS DUTY 10.12 1=urlounh 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 1eave, of this MOU regarding - the computation of vacation, sick leave, floating holiday and other accrual - credits as regards 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. 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. PDOCC - 72 - '1999-2005 MOU � ■ ! � ■ � � . ■ � � � , , . � � , fe # . e « y - ■ e 2f . - 2 e� � � � - � � - � ef � � e ■ e � _ �ef � � � ■ � e ■ - 2 \ � _ � ■ . , � $ � s � f � � � . e $ , \ e « � ■ m 2 ° fa � ■ $ , e ■ - � e ■ ^ : � � # - e � e � e � , � � « e � \ ■ f e $ f e � � . e . e � $ » ■ e f . \ . * � �# e tf. . , ® � � � . . t � ' a � ® - . - . � ■ � . � . � - e � ■ ® - f � . _ e � � , � $ � e ■ � - � � � # � � � � » ` e � e , � , ■ � � � � ® ` � e � � ■ � \ f ewe ■ ' �■ e $ � � � ■ f.e e e f - � � e � # � \ 2 � � � to , � - . � ■ : - . . � ® � . � . e - � e ■ f ■ f � _ . e � � � e e f -� � , � �� , . _ $ � $ _ ■ . . , ■ � � f e f e : & ' ■ f � � � - _ e � _ ■ � , � ^� ` � f � e e � 2 ` . � . e ■ _ ^ « � - \ - e e . « � _ . . _ 2 ■ \ , . ■ e _ f e ` « _ a e e � , � - - $ . - � _ - , ■ ' � - , . 2 ■ ■ « . � e - • e . � - f ■ e ® f . � , � � : - e � � f %° � _ f e - ■ - # � � - � . : f � - . � , $ 2 - , - e , _ ■ fe + � - �� $ e ■ a ■ � � . f � - . . - - K $ � # y � - < . ■ ® e # ° f e - # _ � � � � � _ : ■ . - . � � $ . ! ■ � - ■ � SEC77ON 11 -JURY DUTY AND WITNESS DUTY 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 effect 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. PDOCG - 74 - 1999-2005 MOU w ! ' i i i i "' i • i i i i '" i ! ! i '` ` i '" • • ` .. iii • 40 i • ' " i i i «. .. i Iv • ! ' ! i ioo i • i OATM;d It• • i i • i ` ! ! i ! w • ` • i SECTION 12 - HEALTH, LIFE& DENTAL CARE work twenty (20) or more hours per week. Effective January 17 2000, the County will offer'Group Benefit Programs for medical, dental and life insurance coverage to all permanent employees regularly scheduled to work twenty (20) hours or more per week as described in the September 30, 1999 agreement (Exhibit E) between the County and the Labor Coalition. 12.2 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 as they occur during the year. 12.3 Medicare Rates. Corresponding Medicare rates for .employees covered under this MOU shall be asfollows: for Employee Only on Medicare by taking the Employee Only rate for the option selected and subtracting the monthly Part B Medicare, premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with one member on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the m6nthly Part B Medicare premium withheld from Social Security payments for one enrollee; for Employee and Dependent(s) with two members on Medicare by taking the Employee and Dependent(s) rate for the option selected and subtracting the monthly Part B Medicare premium withheld from Social Security payments for two enrollees. 12.4 Partial Month. The County's contribution to the health plan premium is payable for any month in which the PDOCC - 76 - 1999-2005 MOU � ■ e " ? e � ■ _ � ■ ■ - � : ■ e , e f a f e e � , # , ■ e e � f t $ e � - . - f e . . - e � e e ' . ■ . ' � - e - $ ® _ � e k ` ■ . f # ` � ■ . e . e e - ■ ■ : ■ e ° ■ � ® ® _ e _ - � e _ $ t - - se m - \ _ # 2 $ ■ ■ � ® ■ ® _ . � . � � � & _ $ a � � ^ . ■ � f e # f - , $ , $ ■ e of _ e ° $ _ e , < _ % f > ■ \ � � # » } < _ � - $ e � � ® ? # , e e e f ■ � _ � � - $ � � � ` � e � . e � e » e _ . . $ � e . - � ■ � . $ e , e - ■ e f � . . . . ■ - � ? - $ ■ � �_ . ` � � $ � � . e � _ � - � - 2 ■ . � e e § ■ _ � ■ - m 3 : ® . . # � ■ � : : : - � - $ � � e � . . $ e e � e _ - * ■ e t - ■ � . e ® ■ e . ee - e. - a � - � » - a - f � ■ � $ . ® - ■ ' - ' ` - ® ■ , f . - of ^ � e � e 2 � � $ - f - , ` � _ ■ e , . � , m � � ee � ' � e , . . ■ f - ■ - � ee . - � ■ ® � . e . � - � ■ � e � � � e � # e f ~e e , e © e _ ` , � , e ■ e . , _ e � ■ ■ . ■ ■ e \ � a e f _ f - . $ - \ e � $ ■ \ « . # ` � # . e # � f # � \ $ ■ ■ f ® ■ e & f � ee ■ fe ' eel ■ lw , , � # e . $ - _ ■ - . ■ ° � � , ■ � » � f � ■ � ■ ee � � � ■ . t ` - ■< e ■■ - , � f � _ e ' e _ e � , e � - _ « ® 2 ■ - - $ ■ . ® e � ` ® � . . - ■ e . , : | � . . ■ SECTION 12 - HEALTH, LIFE& DENTAL CARE may result in cancellation of health plan coverage with no reinstatement allowed. 12.6 Retirement Coverage. Upon retirement, employees may remain in the same County group medical plan if immediately before their retirement they are either active subscribers to one of the County Health Plans or if on authorized leave of absence without pay they have retained their membership by either continuing to pay their monthly premium to the County by the deadlines established by the County or converting to individual conversion membership from the County plan through the medical plan carrier, if available. 12.7 - Deferred Retirement. Effective January 1 , 19979 employees who resign and file for a deferred retirement may continue in their County group health and dental plan; the following conditions and limitations apply: a. Life insurance coverage is not included. b. To be eligible to continue health and dental coverage, the employee must: 1 . be qualified for a deferred retirement under the 1937 Retirement Act provisions. 2. 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 health benefits. PDOCC - 78 - 1999-2005 MOU � � < » � Z ■ , . . ! � o f f e e t e , e . _ # _ � � ~ ■ 2 f � � ■ ■ � � ® e e 4p � ■ � ■ � . � - , ■ ■ . � # � a ■ - f ® e � - » e e e - - ■ �e \ e � � - � ■ � » e $ ■ » � lw .. e e ■ . ® ' $ - ■ � 10 $ # � ® � # f � � � � - � ■ � � Q � e e � ■ f � e ._ � ■ e ■ e � $ - e ¥ � e ■ e ■ f �' � � e � �f � - _ e f � ■ � ^ ® f , _ $ $ � � , 4 - , e t ■ # � $ - * © � - . � � ■ � # � � � , � % ` + , ■ e ■ � � , e , �e �� , ■ - » ■ ■� . � ■ f e ■ < � » � - � � � � # « � ■ e � f f - � . �� , � ' e ■ - f � � $ �� < a f ® � . ® � � ® � ¥ . e , ■ 4 ■ . � . � :� . f � � 4 e e of � � $ � $ . � � \ ` ■ � � f � � - : . ` . �` � � e - ■ e � � ® � . � \ �� e $ , � ^e � � f \ , � � - ■ ° � � e f � a �■ . � . $ � 2 ■ � _ ■ . � � f , � � , � e ■ - � � . . f . � � e - e . ■ � ' � ' 3 � f � . ■ � -� � . � - �� f. ^ ■ ■ e ■ e � � � - � � _ �f - ■ $ � i! e SECTION 12 - HEALTH, LIRE & DENTAL CARE entitled; provided reinstatement to a County group health and/or dental plan with county subvention occurs no sooner than the first of the month following a full three (3) calendar month waiting period after the commencement of their monthly allowance. e. Eligibility for County subvention will not exist hereunder unless and until the member draws a monthly retirement allowance within not more than twenty-four (24) months after separation from County service. f. Deferred retirees, are required to meet the same eligibility provisions for health/dental .plans as .active/retired employees. 12.8 Dual Coverage. If a husband and wife both work for the County and one of-them is laid off, the remaining eligible shall be allowed to enroll or transfer into the health coverage combination of his/her choice. An eligible employee who is no longer covered for medical or dental coverage through a spouse's coverage shall be allowed to enroll or transfer into the health coverage combination of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. 12.9 Health Care Spending Account. The County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for PDOCC . - so - 1999-2005 MOU ......... ........... __ � . ■ � < y , � / a . § , - . � _ � ■ � , � � e ` e . _ � . � 2fe . � - \ t ® e� � � e « � : T � e e - � ■ � m �. e � , ■ - e - . - fe _ � ■ . ■ � - � � � e � - _ _ ° ' � ■ . e � � ' - � \ . ` $ $ ■ � � � � . $ . . - . 22 - . e. - . . ■ \ 2 # e . - . e f fIV $ $ $ ■ e ® - e e � . $ $ $ e � � � $ ■ � e � § e � e - e ■ � ■ ■ f 'a « f� , e� � � ■ ■ � � . e ■ 2 ` � e & � �$ ■ � � � e e � � � ■ - ' e e # e ' � | - e �° � � e e _ ■ e - � e $ a ' ® ■ e � ■ ® ■ f. - ee - $ � . ■ � - ■ � � ■ ■ _ ems - « e ■ e � � ■ : # � e _ � ■ f e 2 � <, ■ \ e � . - e e f2. : . . - . . � � � � • , � ■ , . ■ � � � � � � ® ® - , � . ^ - ° � ■ t � e . � e � � � 2 � � e � - � � , � f f y -. - e ® . » e � ■ - e , \ e ■ e $ � _ $ � . � # e � ■ � � ~ : e � ® e ■ � ■ ° ° ■ . , e a $ � , MOM ■ Woo ° . . ■ $ - - � � f � ® e ■ - � � me ' _ e $ _ ■ e ■ f # , e e - ■ $ ■ ® \ _ e ee , . , $ , . ■ - . . e _ ■ f $ - . : e - ® � � � ■ f e : ` 2 � � ' ^ e - \ � f e � � � e - # , a « e ■ e a ■ $ 06 e ° . ■ ^ - < - ■ . . ® < f « SECTION 92 - HEALTH, LIFE& DENTAL CARE Brown Bag Seminars, Health Screenings, and Health Fairs. B. Format. A point value system for program participation will be developed wherein each wellness activity and program will be assigned a. point value. Points will accumulate and incentive prizes will be awarded to employees upon realizing certain point levels. The value of the prizes will increase with higher point values and one (1) grand prize will be awarded each year to the employee with the highest number of points. C. Incentives. A series of incentive prizes will be assigned to certain point values. In addition, recognition for employee and - department participation will be an . important aspect of the Wellness Incentive Program. D. Deferral. The parties agree to refer the Wellness Incentive Program to the Wellness Committee for its consideration. 12.11 Child Care. The County will continue to support the concept of non-profit child care facilities similar to the "Kids at Work" program established in the Public Works Department. 12.12 Confidentiality of Information/Records., „ Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). PDOCC - 82 . 1999-2005 MOU SECTION 93 - RESIGNATIONS 12.13 PERS Lona Term Care. The County proposes to deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no County administrative cost, for County employees who.are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The County further agrees that County employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PERS Long Term Care in County facilities during non-work hours (i.e. coffee breaks, lunch hour). SECTION 13 - RESIGNATIONS An employee's voluntary terming#ion 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. 1 .1 Resignation in Gooch StaA 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. PDOCC - 83 - 1999-2805 MOU SECTION 13 - RESIGNATIONS 13.2 Constructive Resignation. A constructive resignation occurs and is effective when: 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 Ahat 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 PDOCC - 84 - 1999-2005 Mol! r a # • # fk # # # # ! # ......... SECTION 14 - DISMISSAL, SUSPENSION, DEMOTION OR DEDUCTION IN PAY 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, 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), 1. 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, PDOCC - 86 - 1999-2005 MOU SECTION 14 - DISMISSAL, SUSPENSION, DEMOTION OR REDUCTION . IN PAY IM material and intentional misrepresentation or concealment of any fact in connection with obtaining employment, rn. 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 MCU, o dishonesty or theft, 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 individuals 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 iY�YIIYIY.1�.IlYYYY�YII�MYYI.YI■ 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 PDOCC - 87 - 1999-2005 MOU SECTION 14 - DISMISSAL, SUSPENSION, DEMOTION OR REDUCTION IN PAY 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. 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. PDOCC - 88 . 1999-2005 MIOU s s ' i # # � � • • �' � i ! i i i i � iii ' • � • ` i . i i '" ' • ,. . iii • ,. # "° ii "" . i i ! �. � s • � • i ` i i i . • .. ! i .. . ! i ! . # ;� � w i ., � ! � i � i i • i i i ' i ii .. " # • . i i i i i ! ' .� i • i ' • � i ` � • �! . • i • ' i • • ' ! a i i . i ! ' � " i ! ' i • ! ' i i • i i ` .. .. .. � i i i ' • ! i "' i # � i i t • • • SECTION 15 - GRIEVANCE PROCEDURE 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 Emplovee Representation Rights. The County recognizes an employee's right to representation during any disciplinary interview or meeting which may, result in discipline. The County will not interfere with the representative's right to assist an employee to clarify the facts during the interview. 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 have a grievance, and shall be processed in the following manner: PDOCC _ 90 - 1999-2005 MOU • i 1 • # i ' i r # i ' #lw + i "" • • ., �` ' # � ' it ' F-vFZrA • .► i i " ' i r # ' # r ' i i it ' i • . . R i iLwlw ......... SECTION 15 - GRIEVANCE PROCEDURE 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 process. 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. Ste -�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 PDOCC - 92 . 1999-2005 MOU . � � �� r � � . � - ■ � ■ - � � < ■ � � f ■ ` , � f � « � � - - e e � � « . . - e # - ^ lw < e » $ ■ e < f � @ e � ' ` - � e - e � . � - ■ . � � � e \ _ � , ■ e` � �$ � 2 ■ � ± � $ ` . . _ � � e � e » $ � � � 2 � � e e 3 ® � ~ ■ � - � e ^ « � , : � ■ , » � ■ - - � , $ t, ` . e ° � < # . � � . e - � � Q « � � e a $ � « , � ■ � . � ■ $ #°. � ' _ � e e ^� � . � # ■ « ■ � � ■ � : � » � � � , � « } � � ! � , ~ � � , � ■ _ � � : � # � � . � - � � � a e ®� � � f � � � ■ _ e � � � e � e � .■ 2 ■ � � f � � ■ ef � ■ - � e f - � • e2 - - e �& ^ e � ■ . � � ^ � ■ , � e » ■ e � $ , .e , - - � . � ° - , e - e ' e � � � , f - . � � � ■ , ■ . $ � , � . ■ e � - - . . \ � ■ e - � ■ � § : e « $ � , 2 � ' # « : - ® ■ e : � ■ @ . � � � � ■ � � . � � fe _ � f � e � . * � � � ■ e . � ' e e , � _ � e e , � . . , � e . . ' © . e < ■ ® ^ ■ � - . « ° _ e ■ . 2 ® $ ee » _ # tee ■ � $ $ � #- � @ $ $ . . . « - ' . ■ - � ^ � � � e � - - � � _ ? � � e � � f � ■ a �' � . . ¥ � � @ e , � _ � e � . e � 2 _ : � e e � e e .e - � ■ � � . � . ■ � e ■ e � � , # - �� - � � e ■ � ■ � ■ � e - . f 2 # . . f - _ : . � e . � � � � $ � �e ■ . . � ■ # . , . „ : . ■ ■ � � e SECTION 15 - GRIEVANCE PROCEDURE 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. 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. PDOCC - 94 - 1999-2005 MOU SECTION 15 - GRIEVANCE PROCEDURE 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 conferring process, and if not detailed in the MOU which results from such meeting and 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 MMU, PDO C, its members and_representatives, agree that itland 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 ofphysical 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. PDOCC - 95 - '1999-2005 MOU ....._ _ __.... . ........ ....... ._ SECTION 16 - RETIREMENT 15.7 Filing by PDOCC. PDOCC may file a grievance at Step .3 on behalf of affected employees when action by the County 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 , the County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employees' contribution for the retirement cost of living program as determined 'by the Board of Retirement of the Contra Costa County Employees' Retirement Union without the County paying any part of the employees share. The County will pay the remaining one-half (Y2) of the retirement cost-of-living program contribution. 16.2 Tier Ill Retirement Plan. Subject to the enactment of .enabling legislation amending the 1937 Employees' Retirement Act to allow such election, the County will permit certain Tier 11 employees to elect a Tier Ill Retirement Plan under the following conditions: 1 . The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. 2. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for PDOCC - 96 - °1999-2005 MOU -------------------- __ SECTION 16 - RETIREMENT Tier III, from and after the date of implementation, shall be the same as Tier 1. The disability benefits for Tier III shall be the same as the current Tier 11 disability provisions. 3 The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee's age at entry into the retirement system. 4 Employees represented by the Labor Coalition and its member employee organizations (herein referred to as `Labor Coalition'), enrolled in Tier 11 who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (5) month Period after such date to make a one time irrevocable election of the Tier III Retirement Plan expressed herein subject to action by the Board of Supervisors to implement the Pian. Thereafter, employees. represented by the Labor Coalition enrolled in Tier 11 who have attained five (5) years of retirement credited service shall have a ninety (90) day period to make a one time irrevocable election of the Tier III Retirement Plan expressed herein. 5. a. The County's employer contributions and subvention of employee contributions for Labor Coalition employees electing Tier III which PDOCC . 97 - '1999 2005 MOU .......... SECTION 16'- RET'IREME'NT exceed those which would be required for Tier II membership shall. 1 . be funded by reducing the general wage increase agreed upon to be effective October 1 , 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County's wage obligation by three ($3) million dollars per year; and the general wage increase of all employees represented by the .Labor Coalition shall be reduced accordingly; and 2. in the event the County's costs attributable to the -creation and operation of Tier I I I exceed $3 .million per year.or the County Employees' Retirement Association's actuaries determine in future years that the County's retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County's retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent .that future wage increases are granted; and the general wage increase(s) of all employees represented by the Labor PDOCC - 98 - 1999-2005 MOU SECTION 16 -!RETIREMENT Coalition shall be reduced accordingly,. and, 3. in the event the County's costs attributable to the Tier III Retirement Plan are less than $3 million per year, the difference shall be divided by twelve and each twelfth shall be augmented by an amount equal to the County's common pooled fund interest which would have accrued if one twelfth had been invested in the first month of-the past year, two twelfths in the second month of the past year and so forth; and, 4. any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier 111; and 5. County savings shall be held in an account by the Auditor-Controller which is invested in the County's common pooled fund and will accrue interest accordingly. The County will report yearly to the Labor Coalition on a) the beginning account balance, b) the interest earned, c) expenditures .from the account to cover increased costs resulting from the Tier III Retirement Plan, and d) the ending account balance. PDOCC _ 99 - 1999-2006 Mou SECTION 16 - RETIREMENT b. Any increased costs to the County, due to Tier III participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. c. Subject to the provisions expressed above, any and all additional employer and County- paid employee contributions which exceed the sum of the County's legally required contributions under Tier 11 shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. d. Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. 6. a. The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. b. Board of Supervisors' action to implement the Tier 111 Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified PDOCC - 100 - 1999-2005 MOU r t► RM! # r r 1M amp ........ SECTION 17- EDUCATION REIMBURSEMENT 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) 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. & Employee buys back six (0) years, County will buy back three (3) years for a total of nine (9) years of buyback. SECTION 17 - EDUCATION REIMBURSEMENT 'Permanent full time employees in classifications subject to this MOU will be eligible for $500-each balendar year to be applied to reimbursement for. continuing education courses and associated tests, medical books and journals, 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 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 PDOCC - 102 - 1999-2005 MOU r � � � • • " " • ` i � i _ i ii r ► • I • . k to or r i i - - .. - i ti �' • r � # i ` ` i ` i i .. • i . „ • • i i i I � � ' ! " r i i ` i I .. i i .. .. � i i ' � i ' • i � i ` i w � ♦ i � � I `-i i I ! i I � i ^i i r ` ► ` ' i I I ` � � r i r I i / i i + I i � i r i � i �. � � i s r � i � .+ • i ' i i . i i ' i i ' i ` r ` • i i i • iI �. .. i . i I M • i i ! ii • ,� ' r I ` ii � ` ! ! "` • � # ! • ` ii ` i SECTION 18 - PAID PERSONAL LEAVEIEDU'CA77ONAL LEAVE 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. 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 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 P©OCC - 104 - 1999-2005 MOU � � � � . ■ ! < y . ; . . tee ■ e � : � . # � � ■ , ■ � ,� � � . � - - � ■ - e e � 2� e � $ $ - � , � � $ � ~ � : ■ ■ f - \ � » ■ _ e t ¥ . � ^ # f �■ � e � � � - ■ fe � � ■ ■ f _ � � � ` e , <- � � _ ^ � � , . � � . of . � - ■ e , e e $ f ■ _ , $ e � . e . � � � f t �� , i ® � ■ $ � ■ � ■ � - e � ` e < � e ■ ~ f : . ' � _ e � _ ■ ■ � e e � , � ■ - ■ - $ » # # � . f . � ■ ~ t � a � - - �� . � $ . , . . � . . � . f f � ■ " * � : , � ■ � . � $ e ` e � � - . f � $ � e � � e � ° * � § � ■ - e _ $ » . e �� ■ �e � � - - - � ■ - $ $ . - - � � ■ � of , ■ . ' $ .e °_ - : � � , � e . l . . . � - « . . � ■ _ � ■ - ■ � � � f � . � - e f � ` ■ � f e � � # » e _ e . - � � J e � � � . ■ - $ � w $ � ' - . \ � $ . � � � � . f -� , \ ; � - � ¥ . _ f � e ■ � - �' 2 . \ � � � � e _» w , . . . . : � � : - ^ 2 e � � _ � le ^ ■ ■ � ■ f � < _ e $ et � ' f fe _ � ■ � � ' ■ e � � � e � � � f � ■ � � � � � � - ■ � f � e e �� e ■ � � � ■ - e � � f < f $ e ? e ^ � f � ■ . ■ e � ■ f � ■ f e , � � , � ?� ' - # � * ■ ^� . ® ■ � ■ � � \ � , , � $ ■ f . # � ® � � ■ . f : 2 - e . - . � ■ � ^ \ ■ � � � ■ � � e � ^ ■ ^ - . . . f f � - ■ � � - � . � e 2 � _ - ■ ` � $ - � , f e , , . � - . e ' e » - .- . . . ■ . ■ . � � ■ , » , - � e � � � : � � f ■ � f� e � � ` � ■ e _ # � J ■ ^ t � , $ $ � � . , , , � # ■ � e ............ SECTION 21 - SERVICEAWARDS 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. This 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 The County shall continue its present policy with respect to service awards including time off provided, however, that the PD®CC - 106 - 1999-2005 MOU _ _ _ SECTION 22 - UNFAIR LABOR PRACTICE 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 of Su ervisors. 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 { g work days from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. PDOCC _ 107 - 19992045 MOU SECTION 23 - INSURANCE SECTION 23 - INSURANCE 23:1 Malpractice. County medical personnel covered by this MCU 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. 212 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 PDOCC - 108 - 1999-2005 MOU ......."I--"",,.........,......".-.-...-.........----......---.. -r I ' ■ �•g � � - © � � , e _ e f - � e � ■ ■ �« - e ` _ * ■� � e � � � - + ^ � ' � � e ■ . - - � - $ » � � � . ©� � � $ � ° _ � � � ■ e � e � � ■ e ■ e � � � e \$ , $ ^ \ � e � - - � � < � � - � ■ ■ f ■ � e - � , � f . � e \ � $ ^ e � - � � 6 � - ■ . � _ � a � � � e \ » . � , tee - a . f ■ � - � ■ . ■ . ` ~ . _ . ■ " ■ - ■ e e f e � ■ - - � e � ■ � e e - - � ■ � � e ■ 14 . � � - # e - - � » � � � $ \ � � ■ 2 e _ . . ® � $ � � � $ - ' e ■ , - e ■ _ ■ ' , f e ` f a � � » � � e e f e - - . . ■ � � , , � ■ 2 � . � � � � f ' . . - . � � e - ^ ee ■ � e � f � . _ - # e : e a - � ° e � f � ^ � � ■ - . f � � @ ` , ® ' e � �f � f #� e � « � � , < e � ? e - ■ � � � # e - ' $ e � a � $ « � ® ■ _ . - $ � � e � - - � - ■ � - . . ' ■ a \ . ■ ' « � , � 4 ■ : � � _:::::.... _... .. ....... _ _ _......... SECTION 27- PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN SECTION 27 - PERMANENT-INTERMITTENT EMPLOYEE HEALTH PLAN A permanent-intermittent employee may participate in the County Group Health Plan if combined medical, dental and life insurance coverage is 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 Croup Health Plan and reinstatement may only be effectuated during the annual open enrollment period. Effective .one hundred and twenty (120) days after all Coalition Employee organizations have signed their respective Letters of Understanding, the following benefit program shall be offered to permanent-intermittent employees: a. Program. The County shall offer CCHP Plan A-2 at the subvention rate of sixty-four percent (54%) of the cost of the premium for a single individual, to those permanent-intermittent employees who meet and maintain eligibility. b. Eligibility. Initial eligibility 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 PDOCC _ 110 - 1999-2005 MOU ■ - � ° � � � - � 2 : � $ e . � � � . ` ¥ � � � � � � ■ � a ® - � . . , � . . � . . � . . ® �' ® � e a ' � e f$ f # ■ � $ ® \ � - � e 7 . $ . ■ - $ 4 . e � ' a e � - a ® « � ■ a � . � � r* . ■ e � � . $ , < - ee ^ e ■ - f » � , � f � � � . . �. e - . . ■ � ■ . . � ■ - % : . . dee ■ � � � ■ ■ � f e � f - ¥ ® ® ® ® ® ° � : � � ■ § @ ~� � ■ � � � ® � �� ■ � � � � ■ � » � # . . ■ � $ e � - _ e ■ e � � � e ` � e � e ■ 2 � � e � e e � & . $ � � e $ �- ■ # ■ : - `all ^ m e . 2 # - f , e - , ■ - . . ■ e ■ 4v e ■ � e � � e . � e � � $ e ' ■ � e , ® � . e � � � a ■ � e . # - - # 2 f � e ' � � , � e � - � � � e - _ < ^ ■ $ e � @� ■ - � � ■ : e � ■ ■ . � � f , e �� e e f � » ■ f ' 2 ' � . e < \ $ � $ � � . ■ � * - . @ e - � � � � ■ � � � - ■ - � e � � � e2 e � . � $ ■ � . < . � e . e � of � � � � - # ef � f � ■ � e - e # e � e � � ■ ' - $ ' e ■ $ � . ® - � - � e e � - � e ■ � ~- � ' ■ # * e . � e ■ ` ■ . - � � � � - f ee ~ f $ � « � � � . < _ e ® e . - e ■ � 2 � # e � : � e � � � : f � � ^ � $ ■ » ° ■ e � � e f � ■ # \ � � � � , * � a ■ � � � e SECTION 28 - PERSONNEL FILES 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 Section 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, 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. PDOCC . 112 - 1999-2005 MOU ! i w i ` i ` i ` i ! i ` • . i ` i ` i ! ! i • # ! • ! • ` ! __. _._......_..._ ......._. _..._.... ..._..... _ ......... ......... ......... __ __ __.. .. .._.. .. . .._.. _ SECTION 29- CATASTROPHIC LEAVE BANK 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 whose 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 verification of need. Donations are irrevocable unless the donation to the eligible employee is denied. Conations 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 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 PDOCC - 114 - 1999-2005 MOU M � k � � l r � � � � r • . • • w � • ,� .. • i` • • • • s • - • +• M . • � w � s � � � • � • E SECTION 30 - REDUCTION IN FORCE 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. To the extent possible, the County shall provide advance notice to PDOCC when represented positions are affected by a reduction in force and, upon request of PDOCC, the County shall meet and confer upon the impact of .any proposed reduction in force. The practice privileges of any represented physician or dentist shall not be affected by reduction in force. 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 nine (9) 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. PDOCC - 116 - 1999-2005 MOU i ,w .. .. i i • i i ! ' i • i ' "' w i i ! w i ri r � � • ' w i iiw � .� iA w � i r • i i r • • i ' i � i i � " ii1i • i i • iw � w ! ' ii i i "` ii • i • i i i • r i i M w ! ! iLT& ra � .. is i s " i • �" �, w i � +! ! • + i 1 Ail O i • w � r i r • • j • IIS • ,. i .......... _ _ ....... _. . ._ _. .. ........... _ _... ......... ......... ......... .._.._.. . .... ....... . _.... ._ ........ ......... ....._.... ............ SECTION 33 -ADOPTION SECTION 33 - 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 34 .. SCOPE AGREEMENT AND SEPARABILITY OF, PROVISION 34:1 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 agreement. PDOCC understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term- of this extended agreement, except as otherwise required by law. PDOCC - 118 - 1999-2005 MOU SECTION 35-FAIR LABOR STANDARDS ACT PROVISIONS 342 ep,arabllLty 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 prevision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 34:3 Salary„Ordinance. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Master 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. 34:4 Duration of, Aoreement. This Agreement shall continue in full force and effect from. January 1 , 1999 to and including September 30, 2005. 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 35 FAIR LABOR STANDARDS ACT PROVISIONS The hair Labor Standards Act, as amended, may govern certain terms and conditions of the employment of ......... _ _ __ ......... ... ....... ___ _ _. _..... ......... ......... ................_ _ ..... .._. ._ _..... ......... ........._.. ...__........_..__ _....... ......... ........_ ........... CT/ON 35-FAIR LABOR STANDARDS Acre ROWS/ONES employees covered b this compliance with the Y N1fl►U. it is anticipated that e Act may require changes in some of th County policies and practices -currentlye upon. If it is determined b the County effect or agreed conditions, includingbut Y unty that certain working of work, method not limited to work schedules, hours Of computing overtime, overt'line pay and compensatory time off entitlements or use m . to conform with the fair Labor Stand ust be changed and conditions of employment ands Act, such terms MOU but shall be subject Y hall not be controlled by this to modification by the Count to conform to the federal law, without Y conferring. The Count shat ' further meeting and Y and confer with said notify t'DOCC :and will meet said organization regarding the implementation of such modifications. Date: /el o v_ CONTRA COSTA COUNTY PDOCC L Ir