1501 - Charging Leave Credits for Excluded Employees (Historical View)

** Effective: 5/25/2017 12:32:30 PM - 7/25/2017 2:16:50 PM **

Status: Active

Change Notes

Contact updated: Removed "acting" designation from title.

Category

Work Schedules

Audience List

Synopsis

This policy:

Introduction

The purpose of an Alternate Work Week Schedule (AWWS) is to provide employees flexibility in work hours while maintaining operational efficiency, productivity, and effective service to the public and state departments.  The AWWS allows employees and management to mutually agree upon a work schedule that varies from the standard eight hours per day, five days per week work schedule. There are guidelines specific to how leave should be charged for employees in Work Week Group E and SE in Bargaining Units 1, 3, 4, 11, 14, 15, and 20.

Statement

This policy applies to the Service Employees International Union (SEIU) Bargaining Units 1, 3, 4, 11, 14, 15 and 20 in Work Week Groups E and SE. As a result of arbitration decision DPA No. 02-03-0122 (California State Employees Association (Olsen) v. Department of Corrections), it was found that “whole day increments” must be interpreted as the number of hours an employee is regularly scheduled to work in a day.  Article 19 Hours of Work, Section 19.1, F, 5, in the Bargaining Units 1, 3, 4, 11, 14, 15 and 20 Memoranda of Understanding states as follows:

“FLSA – exempt/excluded employees shall not be charged paid leave or docked for absences in less than whole-day increments.  Less than full-time employees shall be charged time proportionate to their scheduled hours of work.  Record keeping for accounting, reimbursements, or documentation relative to other applicable statutes, such as the Family Medical Leave Act, is permitted.”

Effective July 1, 2005, whole day increments are the normal hours an employee is scheduled to work, 8 hours for working five days per week (40 hours total), 10 hours for working four days per week (40 hours total), or the number of hours in their specific work week proportionate to their work week.  Thus, whole days has been interpreted as the number of hours an employee is regularly scheduled to work in a day, e.g., 4, 8, 9 or 10 hours.

Accordingly, vacation, annual leave, and sick leave are to be charged as described above.  This does not impact holiday time and it does not create an excess or deficit time bank.

Application

Not Applicable.

Authorities

Not Applicable.

Resources

PML

Authorized By

Contact Person

Personnel Services Branch
Personnel Program Consultant, , Personnel Services Branch
Phone: 916-323-3343
Fax: 916-327-1886
Email: psb@calhr.ca.gov

Superseded Policies

Not Applicable.