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HomeMy WebLinkAboutMINUTES - 03051996 - SD3 2S TO: BOARD OF SUPERVISORS ` SE ` Contra FROM: Phil Batchelor, County Administrator 11 Costa g s County DATE: March 5, 19969 r�-___....; qs �4 COU• SUBJECT: Sick Leave and Attendance Utilization Programs SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. PURPOSE The purpose of this report is to provide the Board with an update on the County's programs governing and controlling sick leave and attendance utilization, and to inform the Board of the steps the County is currently undertaking in order to further enhance these programs. 1I. RECOMAWNDATIONS 1. Accept the report from the County Administrator. 2. Direct the Human Resources Director to fmalize the Sick Leave Handbook for First. Line Supervisors. 3. Direct the Human Resources Director to continue work on the Attendance Control Guidelines. 4. Support the efforts of the staff to improve systems to monitor employee attendance, including the utilization of sick leave. 5. Direct the County negotiators to negotiate on pending issues which are subject to the meet and confer process. CONTINUED ON ATTACHMENT: XX YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD-ON March rJ. 1996 APPROVED AS RECOMMENDED X OTHER X Chair Smith removed himself from paticipation in the discussion and vote on this matter, due to his position as a physician at Merrithew Memorial Hospital . Vice-Chair,°DeSaulnier officiated in Chair Smith ' s absence. VOTE OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT 2 and 3 ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOne NOES: None AND ENTERED ON THE MINUTES OF THE BOARD ABSENT:Smith, B'ShORBSTAIN: None OF SUPERVISORS ON THE DATE SHOWN. cc: Contact: Phil Batchelor, 6-4085 ATTESTED March 5 , 1996 County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF Human Resources Department SUP AND COUNTY 2ADMINISTRATOR All County Departments (via Human Resources) BY P Y M382 (10/88) sD. 3 III. BACKGROUND The human resources available to the County to provide services have continued to decline as demands for service have increased and have shifted into new areas. It is therefore necessary that the County continue its efforts to maximize the work attendance of staff. The task of managing employee attendance has changed over recent years with the enactment of federal and state legislation such as the Americans With Disabilities Act (ADA), the Family Medical Leave Act (FMLA) and the general trend toward more County employees being responsible for the care of dependents, including children and aging parents. These facts, plus the range of leave programs available to County employees, underscore the importance of having clear policies and effective tools to support managers and supervisors in managing attendance issues. The County provides the following leave programs: A. Current Sick Leave Program Sick leave is an important part of the County's benefit program and is provided to employees as an insurance policy against loss of pay when they must be absent due to illness of themselves or their dependents. The current Sick Leave Policy resulted from negotiations with employee representatives during the 1991 negotiations and was agreed to on February 6, 1992. The language resulting from that agreement has been incorporated into the various Memoranda of Understanding and is also contained in Administrative Bulletin No. 411.6 Sick Leave Policy (Attachment A). The Administrative Bulletin sets forth County policy and therefore applies to management and non- represented employees. The policy covers how sick leave is earned, how it may be used, and states that, "The proper administration of sick leave is a responsibility of the employee and the department head". The policy also emphasizes the importance of sick leave as a benefit and stipulates that "... it is not paid time off which employees may use for personal activities". Shortly after the adoption of the policy, the County Administrator sent a memo to all department heads advising them of the new policy. The Human Resources Department began work on a project to develop quarterly utilization reports for use by the departments and issued the first annual report in 1992 which showed sick leave hours used as a percentage of hours earned. Several revisions have been made in the format in order to respond to the needs of the departments. (The evolution of the reports is outlined in Attachment B.) The current reports are issued on a monthly basis supplemented by quarterly and annual summary reports. The principle elements of these reports are: • The monthly department time-off hours analysis shows month-to-date, quarter-to-date and year-to-date sick leave used and usage rate as well as sick leave, vacation, floating holiday and compensatory time-off balances. • The quarterly departmental sick leave summary shows quarter-to-date and year-to-date sick leave hours used, earned and usage percentages. • The year-to-date departmental sick leave usage report shows sick leave, hourly rate, year-to-date sick leave use, accrued usage and value of the sick leave used. • The quarter-to-date and year-to-date report now shows the actual calendar date of sick leave usage so that departments will be able to monitor on a January to December basis. This is an improvement over prior sick leave reports. In addition to these reports many departments have devised systems which provide more specific information. - 2 - sD3 B. Other Leave Programs Other leave programs, some with and some without pay, include: • Family Medical Leave which provides up to 18 weeks leave to provide for personal or family medical needs or for the birth or adoption of a child; • Bereavement Leave which provides for time which may be used as the result of death in the employee's immediate family; • Workers' Compensation Leave for absence necessitated by illness or injury resulting from the job; • Leaves of Absence for personal reasons; • Voluntary Time Off with benefit continuation which reduces County costs by allowing employees time off without pay; • Military Leave time off for military service when required by proper orders; • Jury Duty leave with pay; • Paid and unpaid administrative leaves to cover time off arising from varied situations (e.g., the need to secure a medical evaluation of an employee's ability to perform the job); • Educational Leave to take courses which will increase the employee's usefulness to the position. • Vacation Leave IV. DISCUSSION The ability of the County to carry out its work requires regular and timely attendance from every employee. In fact, good attendance habits are a critical element of every employee's job responsibilities. Employees who are frequently absent, arrive late, or leave early, place an unnecessary burden on those employees who come to work on time and keep their absences to a minimum. Many employees have exemplary attendance records and most do not use excessive time off. These employees therefore live up to the belief that our employees are our most important asset. It is important that we recognize their responsible work habits and also recognize that the misuse of sick leave by others often requires that the conscientious employee must carry out the work which would otherwise be left undone. The County is focusing on the following points: • Provide supervisors and managers with tools to correctly identify those who are taking time from work inappropriately. • Provide that employees who conscientiously report to work are rewarded. • Provide a uniform and consistent structure for dealing with inappropriate use of sick leave. - 3 - V. SICK LEAVE - ATTENDANCE CONTROL PROGRAM In order to achieve these objectives, the County's program to implement and manage sick leave/attendance control policies includes a four-fold approach: A. Monitoring It is important that supervisors and managers monitor and review employee attendance on a regular basis, discuss any attendance issues with employees, and identify patterns that may constitute misuse. An important tool in monitoring sick leave utilization is the production and review of reports which summarize attendance records for given periods of time. As described earlier in this report, departments are currently being provided with reports concerning sick leave utilization on a regular basis. However, we recognize the need to provide more refined data, and plan to explore ways to produce reports which will provide: • utilization by type of absence, i.e., sick leave, family sick leave, V.T.O., workers' compensation, etc.; • utilization that may indicate patterns of absence, i.e., before or after pay days, holidays or regularly scheduled days off, • separate reporting of time taken under the FMLA for purposes of complying with the law. In furtherance of this objective, the Human Resources Department has included a requirement for a more comprehensive leave reporting system in its proposal for new Human Resources systems. B. Recognition One of the most effective tools in any Attendance Control Program is the ongoing diligence of supervisors in providing recognition to employees concerning their attendance. This includes ongoing discussion with employees relative to the reasons for absenteeism as well as providing positive reinforcement and recognition to those employees who have excellent attendance or to those who have demonstrated efforts to control their use of time off. The reporting systems previously described will provide tools to the supervisors to aid them in the ongoing recognition of either good or poor attendance. However, the diligence of the supervisor on a daily basis is an important ingredient of any program. At the present time, the Human Resources Department is working on two documents which can be of assistance to supervisors in providing recognition to employees. The first of these is a handbook titled The Supervisor's Handbook on Sick Leave and Attendance Management. An initial draft completed in May 1995 has been held in abeyance pending completion of the current labor negotiations. The initial draft handbook was developed by a committee composed of managers and administrative staff from County departments along with representatives of the Human Resources Department. The second document, which is directed at providing assistance and support to County management, is entitled Attendance Control Guidelines, one section of which deals with methods of providing recognition and feedback. C. Reinforcement and Commitment to Management Policies Continued demonstration of the importance of Attendance Control programs from the top levels of County government is an important element in controlling sick leave use. To this end, the County Administrator has consistently issued memoranda to department heads advising them of the importance of monitoring sick leave utilization within their departments and reinforcing the - 4 - SD3 need to hold subordinate managers and supervisors accountable for the ongoing management of their employee's attendance. The County Administrator evaluates each department's sick leave control efforts as part of his annual evaluation. In past years, the Internal Operations Committee of the Board of Supervisors has included sick leave utilization as a factor in the evaluation of each County department's performance. Beginning this year, these evaluations will be conducted by the Board as a whole. The Board will continue to emphasize the importance of sick leave and attendance management as part of their evaluation. D. Correction of Problems As part of an effective Attendance Control Program, it is important that there be efforts to correct over-utilization problems which result from misuse or inappropriate use of sick leave time. These steps include ongoing discussion with employees and may involve the initiation of progressive discipline, up to and including discharge. It is also important that supervisors and managers identify abuse or excessive use of leave time, and that they be cognizant of the issues facing employees in relation to their own, and their family's medical and family needs. The County continues to provide support to employees in their efforts to meet their needs, including: • Providing an Employee Assistance Program. • The sponsoring of programs presented through the United Way in parenting, and identifying problems such as substance abuse in children, adolescents and teens. • Providing assistance in the area of substance abuse counseling and support through the County's health insurance programs. • Providing crises intervention counseling in times of work-related crises such as the recent fires at the Courthouses. • Providing through the Wellness Program, regularly scheduled Health Fairs and publications to assist employees in developing and leading healthy lifestyles. VI. FUTURE ACTIONS • The County is currently in negotiations with the employee representatives. Any agreements resulting from these negotiations which impact the County's sick leave/attendance management programs will be implemented under the direction of the Human Resources Department. • Managers and supervisors need information concerning the principles and procedures involved in the Attendance Control Program. The completion of the Supervisor's Handbook on Sick Leave and Attendance Management and the Attendance Control Guidelines manuals will provide valuable documents for their use. • The Human Resources Department is planning to develop training programs on the Elements of Progressive Discipline to assist supervisors in dealing with job-related issues such as attendance problems. • The County is developing a Parenting course which will be available to County employees in order to assist with personal issues that may impact employee performance. - 5 - On-3 VII. SUMMARY As can be seen from the elements discussed in this report, the County is pursuing Policy and Programs to enhance the productivity of its work force through effective control of employee attendance. The issues involved in attendance control are varied and complex and require the ongoing commitment from the County Board of Supervisors, County managers, the workforce, and the employee representatives. As recommended in this report, the County Administrator is directed to continue work on the enhancement of attendance reporting systems, the development of manuals and training programs to support managers and supervisors in the administration of Attendance Control Programs, and to provide leadership in the development of employee recognition programs. - 6 - Administrative Bulletin ContraSD3 Number 411.6 Costa Replaces 311. 6 Office of the County Administrator Date 4-8-92 County Section Personnel y_.. .� ATTACHMENT A' SUBJECT: Sick Leave Policy This bulletin states general County policies on the accumulation, use and administration of paid sick leave credits. While the provisions contained in this bulletin apply to the majority of County employees, some provisions may differ for certain job classifications as a result of negotiations with employee organizations. Therefore, various current memoranda of understanding, regulations governing unrepresented employees, and departmental sick leave guidelines, should be consulted as required to ensure the proper administration of sick leave. I . PURPOSE OF SICK LEAVE. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid' time off which employees may use for personal activities. II. CREDITS TO AND CHARGES AGAINST SICK LEAVE. Sick leave credits accrue at the rate of eight ( 8 ) working hours credit for each completed month of service, as prescribed by County . Salary Regulations and memoranda of understanding. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour ( 6 minutes) increments. Unused sick leave credits accumulate from year to year. When an employee is separated, other than through retirement, accumulated sick leave credits shall be cancelled, unless the separation results from layoff, in which case the accumulated credits shall be restored if reemployed in a permanent position within the period of layoff eligibility. As of the date of retirement, an employee's accumulated sick leave is converted to retirement time on the basis of one day of retirement service credit for each day of accumulated sick leave credit. III. POLICIES GOVERNING THE USE OF :PAID SICK LEAVE. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to ,illness or injury. The following definitions apply: "Immediate Family" means and includes only the spouse, son, stepson, daughter, stepdaughter,, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, father- in-law, mother-in-law, daughter-in-law, son-in-law, brother,- in-law, sister-in-law, foster children, aunt, uncle, cousin, stepbrother, or stepsister of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent" for IRS reporting purposes by the employee. "Employee" means any person employed by Contra Costa .County in an allocated position in the County service. "Paid Sick Leave Credits" means those sick leave credits provided for by County Salary Regulations and memoranda of understanding. "Condition/Reason. " With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, only in the following instances: A. Temporary Illness or Injury of an Employee. Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. B. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation 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 2. Satisfactory medical evidence of such disability is received by the appointing authority within 30 days of the start of use of sick leave for permanent disability. 3 . The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician' s order to remain secluded due to exposure to a communicable disease. D. Sick Leave Utilization for Pregnancy Disability. Employees whose disability is caused or contributed to by pregnancy, miscarriage., abortion, childbirth, or recovery therefrom, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: 1. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee' s attending physician. The statement must address itself to the employee' s general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. 2. If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery. therefrom the employee shall be required to undergo a physical examination by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3 . Sick leave may not be utilized. after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that 3 her disability continues and the projected dates of the employee' s recovery from such disability. E. Medical and Dental Appointments. An employee may use paid sick leave credits: 1. For working time used in keeping medical and dental appointments for the employee' s own care; and 2. For working time used by an employee for prescheduled medical and dental appointments for an immediate family member. F. Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate .family member. G. Death of Family Member. An employee may. use paid sick leave credits for working time used because of a death in the employee' s immediate family, but this . shall not exceed three working days, plus up to two days of work time for necessary travel. H. Accumulated paid sick leave credits may not be used in the following situations: Vacation. Paid sick leave credits may not be used for an employee' s illness or injury which occurs while he is on r vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. Not in Pay Status. Paid. sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but: is not in pay status. IV. ADMINISTRATION OF SICK LEAVE. The proper administration of sick leave is a responsibility of the employee and the department head. The following procedures apply: A. Employee Responsibilities 1. Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason for and possible duration of absence. 2. Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 4 5n3 3 . Employees are responsible for obtaining advance approval from their supervisor - for the scheduled time of pre-arranged personal or family medical and dental appointments. 4. Employees are encouraged to keep the department advised of ( 1) a current telephone number to which sick leave related inquiries may be directed, and ( 2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee' s sick leave. B. Department Responsibilities The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The department head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3 ) or more working days. The department may also require medical verification for absences of less than three ( 3 ) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: ♦ Calling the employee' s residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call-in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section IV.A. 4. ♦ Obtaining the employee' s signature on the Absence/ Overtime Record, or on another form established for that purpose, as employee certification of the legitimacy of the claim. ♦ Obtaining the employee' s written statement of explanation regarding the sick leave claim. ♦ Requiring the employee to obtain a physician' s certificate or verification of the employee' s illness, date(s) the employee was incapacitated, and the employee' s ability to return to work, as specified above. 5 ♦ In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department heads are responsible for establishing timekeeping procedures which will ensure the submission of a time card covering each employee absence and for operating their respective; offices in accordance with these policies and with related administrative bulletins issued by the Office of the County Administrator. To help assure uniform policy application, the Personnel Director or designated management staff of the County Personnel Department should be contacted with respect to sick leave determination about which the department is in doubt. Originating Dept. : County. Administrator Reference: Resolution No. 92/107 1 , PAIL TCHELOR, County Administra r 6 -r 5V3 ATTACHMENT B Sick Leave Reporting • 1992 Sick Leave Reports simply reported year-to-date sick leave hours earned and used and a year-to-date usage rate • 1993 Sick Leave Reports were modified to include quarter-to-date and year- to-date sick leave hours earned and used and the respective usage rates. No year-end report is available. • 1994 Sick Leave Reports were modified to include different data on monthly and year-end reports: • Monthly reports showed quarter-to-date and year-to-date sick leave hours earned and used and the respective usage rates • Year-end report shows total sick leave balance, hourly rate, year-to- date sick leave earned and used, sick leave usage rate, and value of sick leave used. • At the end of 1994, the SRG"report writer" in the MSA Payroll System was no longer available. A new program was planned to report sick leave data for departments. • 1995 Sick Leave Reports became available in May 1995. • Monthly Departmental Time-Off Hours Analysis shows month-to- date, quarter-to-date and year-to-date sick leave used and usage rate, and sick leave, vacation, floating holiday, and compensatory time off balances. • Quarterly Departmental Sick Leave Summary shows quarter-to- date and year-to-date sick leave hours used, earned, and usage percentages. ' • Year-to-Date Departmental Sick Leave Usage shows sick leave balance, hourly rate, year-to-date sick leave used, accrued, usage percent, and value of sick leave used. • Quarter-to-date and Year-to-date reports now show actual calendar date sick leave use, rather than reflecting the payroll date on which reported. (December sick leave use shows in the proper calendar year, rather than in the following calendar year's January payroll on which it is reported and paid.) • Corrections and modifications are still being made to this new series of reports. P Request to S eak Form ( THREE (3) MINUTE LIMIT) Complete this form and place h in the box near the speakers' rostrum before addressi Board. Names phone: — mss. /000 1 am speaking for myself,_ or orgamzaibom (nwne of assntsadtjoN ECC ONE: j 1 wish to speak on Agenda Item #_ Oate: My comments will be: general _for WnK—._._.. i wish to speak on the subject of 1 do not u4sh to speak but leave these comments for the Board to consider. s Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place h in the box near the speakers' rostrum before addressing the Board. Name: /Address: 1 am speaking for myself_or organintiom Hance of or�nisatjora c�ll:-C]C ONE: �'a �- . ! wish to speak on Agenda Item # Oat - 9 My comments will be: mal _.for ogil I wish to speak on the abject of . - ` i do not wish to speak but leave thesc comments for the Board to consider: