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Articles for tag COVID-19


CalHR Issues Telework Update to State Agencies

Posted: 4/7/2021 Tags: COVID-19 legislation policy representation Tags Views: 778

On April 6, 2021 California Department of Human Resources (CalHR) Director Eraina Ortega provided a telework update to state departments. Director Ortgea confirmed the Administration’s direction is to continue keeping eligible employees on telework schedules and that the emergency telework policy remains in effect. Within that framework, each department is directed to assess the appropriate level of telework that it will maintain, based on operational needs and employee safety.

Director Ortega’s message noted the Administration continues to support telework as a long-term strategy to decrease office space, allow flexibility for employees, and provide resiliency in the case of future emergencies. Departments are encouraged to think about work culture for the near future including hybrid workplaces, hoteling strategies, and ways to improve communications and collaboration. Departments are also encouraged to get feedback from employees on their telework experiences to help make decisions going forward.

Telework remains a prominent topic of decisions in ACSS’ meetings with CalHR. Director Ortega has informed ACSS that CalHR plans to introduce more telework training in the near future for supervisors and managers.

The state is continuing their effort to update the statewide Telework Policy. It is anticipated that once the statewide policy is finalized, that individual departments will adopt their own telework policies. ACSS has been involved with CalHR throughout discussions in regards to this topic. ACSS will continue to meet with the state over proposed departmental telework policies to protect the interests of excluded employees.

If you have questions about telework, please contact your ACSS Labor Relations Representative.


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CalHR Implements COVID-19 Supplemental Paid Sick Leave for 2021

Posted: 4/2/2021 Tags: benefits COVID-19 policy Tags Views: 538

The Department of Human Resources (CalHR) has issued a policy implementing Senate Bill 95 which provides up to 80 hours of COVID-19 related supplemental paid sick leave to all employees retroactive to January 1, 2021. This supplemental sick leave (SB 95 SPSL) is available to employees who are unable to work or telework for any of the following reasons:

  1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 as defined by an order or guidelines of the State Department of Public Health, the federal Centers for Disease Control and Prevention, or a local health officer who has jurisdiction over the workplace; or
  2. The employee is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; or
  3. The employee is attending an appointment to receive a COVID-19 vaccine; or
  4. The employee is experiencing symptoms related to receiving the COVID-19 vaccine that prevent the employee from being able to work or telework; or
  5. The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis; or
  6. The employee is caring for a family member as defined in the California Labor Code, section 245.5 subdivision (c), who is subject to an order or guidelines under number 1 or 2; or
  7. The employee is caring for a child as defined in the California Labor Code, section 245.5, subdivision (c), whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.

Departments cannot require an employee to use other leave before SB 95 SPSL. If the request is retroactive, an amended timesheet will be required. Substantiation is required for school or child care closures. Departments are expected to issue directions to document SB 95 SPSL as “ATO” on timesheets.

The supplemental leave expires September 30, 2021, except that a covered employee taking SB 95 SPSL at the time of expiration can take the full amount to which they would be entitled.

If you have questions or need assistance with SB 95 SPSL issues, please contact your ACSS Labor Relations Representative.


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Ongoing ACSS Meetings with CalHR Result in Gains, Progress, and Benefits for Members

Posted: 3/26/2021 Tags: benefits compaction COVID-19 legislation policy salary Tags Views: 1105

Throughout the pandemic, ACSS has been meeting regularly with CalHR on a quarterly basis and more frequently, as needed. ACSS has been at the forefront of action, working closely with CalHR and the Newsom Administration by providing proposals on behalf of ACSS Members prior to the rank-and-file bargaining talks leading to the personal leave program and preceding the negotiation of new labor contracts. ACSS has a proven success record and we continue to make progress advocating on behalf of Members during these trying and unprecedented times.

On March 16 and 19, 2021, ACSS met with CalHR Chief of Labor Relations Paul Starkey to continue discussing salary and benefit issues for the State’s excluded employees. These ongoing meetings were agreed to as part of Mr. Starkey and CalHR Director Eraina Ortega’s commitment to ACSS President Todd D’Braunstein to address long-standing salary inequities and other issues affecting supervisory and managerial employees.

Some highlights from the meeting include:

  • CalHR has agreed to adjust salaries for certain supervising Administrative Law Judges retroactive to March 4, 2021. ACSS advocated for these salary adjustments to correct salary compaction with rank-and-file ALJs.
  • CalHR and the California Department of Public Health are reviewing ACSS’ request to realign the excluded employee Health Facilities Evaluator classifications bargaining unit affiliation to reflect the nursing status of all incumbents and to address related salary equity issues.
  • Salaries for the Food Services Supervisor classification will be reviewed to determine whether raises in July 2020 for subordinates created compaction that should be remedied through salary increases for supervisors.
  • CalHR and ACSS reviewed the status of pending ACSS’ proposals for various pay adjustments to correct salary inequities, create a new Peace Officer III classification at the Department of Developmental Services, and to provide state safety retirement for employees in the Nursing Consultant Program Review classification. CalHR’s review of these proposals continues.

ACSS strongly advocated for supervisory and managerial employees to be included among those provided “premium pay” as essential employees in responding to COVID-19. The $1.9 trillion federal American Rescue Plan Act relief package contains funding which may be used to provide “premium pay” to essential employees, not to exceed $13 per hour or $25,000 per worker. The Governor has wide discretion to provide this additional pay to workers he deems eligible. The Administration has indicated it will begin the process of determining eligibility with the “May Revise” to the proposed state budget. ACSS urged CalHR to provide the state supervisors and managers who have maintained the continuity of essential services during the pandemic with this additional pay. ACSS continues to engage in discussions with CalHR on this topic and advocate on behalf of members.

With the state budget situation vastly improved over the projections at the beginning of the pandemic, ACSS and CalHR discussed the likely end of the Personal Leave Program 2020. CalHR will be at the bargaining table with rank-and-file organizations to discuss the possible end of the PLP 2020 program and to negotiate new labor contracts with two bargaining units. Prior to those negotiations, ACSS will provide proposals for related excluded employees, as has been done before each round of bargaining during the Newsom Administration.

ACSS will continue to meet with CalHR on these issues and advocate for excluded employees interests as the state budget process continues.


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COVID-19 Vaccination Clinics for Eligible State Employee Job Classifications

Posted: 3/1/2021 Tags: COVID-19 policy Tags Views: 1078

The Department of Human Resources (CalHR) and the Government Operations Agency are launching a pilot program of COVID-19 vaccine clinics for eligible state employees to supplement existing vaccine providers across the state. For the pilot, eligible employees are those in Phase 1B, Tier 1 job categories as outlined by the California Department of Public Health, including emergency services, food and agriculture, and education and child care.

Accessing the vaccine through these clinics is completely voluntary. Eligible employees will be given state time (ATO) to participate. Eligible employees will receive an email from their department with the date, time and location of the vaccine clinic in their county. The email will include a link to the enrollment page for the company, Color, which is administering the vaccines at the site.

The first clinic will be held March 4 and 5 in Fresno County. Impacted departments include the California Highway Patrol, CAL FIRE, CalOES, California Department of Food and Agriculture, Military, Department of Justice, Department of Parks and Recreation, Department of Fish & Wildlife, Caltrans, Department of Rehabilitation, and Department of Education.

Vaccine availability will determine when and where future state employee clinics are made available.


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CalHR Issues Guidance to State Agencies in Implementing New CalOSHA COVID-19 Prevention and Response Standards

Posted: 12/22/2020 Tags: COVID-19 legislation policy Tags Views: 1152

The Division of Occupational Safety & Health (CalOSHA) recently adopted new emergency temporary standards for COVID-19 prevention and response in workplaces. On December 18, 2020 California Department of Human Resources (CalHR) Director Eraina Ortega provided guidance to state departments to ensure the temporary CalOSHA standards are part of each department’s written plan to prevent and respond to COVID-19.

The CalOSHA emergency regulations require most California employers to adopt COVID-19 prevention programs and policies to ensure safe distancing, require face coverings, and adhere to new testing and reporting requirements.

State departments have already implemented many of the new standards. CalHR’s direction highlights potential changes as follows:

  • to ensure confidentiality of employees, departments should not identify the specific number of cases if fewer than 11 are reported
  • face coverings are required in open cubicles and can only be removed when alone in a room
  • departments must provide testing to all employees in an “exposed workplace” defined as three or more COVID-19 cases in a 14-day period (an exposed workplace is not the whole building or department, but the area where cases were present)
  • testing must be on state work time with no out-of-pocket employee costs with testing continuing until the workplace outbreak is over
  • major outbreaks (20 or more cases in 30-days) require additional testing
  • employee screening processes are required for all departments (self-screening is allowed)
  • employees with a “COVID-19 exposure” (within six feet from an infected person for a total of 15 minutes in 24 hours) are excluded from the workplace and provided telework or ATO

Director Ortega’s direction to departments contains links to relevant guidance, CalOSHA standards, FAQs, etc. The CalHR direction can be viewed here.

If you have questions about the guidance or impact of the CalOSHA regulations, please contact your ACSS Labor Relations Representative.


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CalHR Orders Most State Offices Closed in Response to the New Stay at Home Order

Posted: 12/4/2020 Tags: benefits COVID-19 legislation policy Tags Views: 1798

On December 3, 2020 California Department of Human Resources (CalHR) Director Eraina Ortega notified state department leadership that effective Monday, December 7, with some exceptions, state offices will close in response to the California Department of Public Health’s new Stay at Home Order. Offices will remain closed for at least three weeks.

Departments must immediately review their Continuity of Operations/Continuity of Government plans and determine which critical functions require staff to continue to report to the workplace. The CalHR direction provides that “all staff not performing critical functions at the workplace should remain at home teleworking, or if no telework is available, provided Administrative Time Off (ATO).”

The “critical functions” of essential government services has not changed and includes:

  • Government Leadership
  • Emergency Management
  • Social Services/Education
  • Information Technology/ Communication
  • Public Safety/Regulatory Enforcement
  • Medical/Health
  • Critical Infrastructure
  • Food Supply
  • Environmental Protection
  • Public Information
  • Unemployment Insurance Claims Processing
  • 24/7 Institutions (prisons, state hospitals, veterans homes, etc.)
  • Essential Government Services

The CalHR instruction includes prioritizing telework for at risk employees (age 65 or older and those with chronic health conditions) and providing telework for all employees eligible for telework. ATO is only provided as a “last resort.” When ATO is approved, it is approved regardless of an employee’s available leave balance.

If you have questions about the new Stay at Home Order and CalHR direction, please contact your ACSS Labor Relations Representative.


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ACSS Call with CalHR and Finance - No Federal Funds to Reverse Employee Compensation Cuts

Posted: 10/15/2020 Tags: budget COVID-19 policy representation salary Tags Views: 1884

On October 14, ACSS joined CalHR Director Eraina Ortega and Chief Deputy Paul Starkey on a call with labor unions and employee organizations providing an update from Director of Finance Keely Bosler on the efforts to secure additional federal funding.

Triggers to Restore Employee Compensation Not Met

The 2020-2021 State Budget Act (AB 89) includes trigger language that would restore 18 categories of budget cuts if additional federal funds are available by October 15, 2020.

In a surprise to no one, Finance Director Bosler reported that no additional federal money was received by the deadline and therefore none of the Budget Act cuts will be restored.

Under Section 8.28 of the Budget Act, if $14 billion were received, the restored funding for employee compensation would add up to $1.89 billion which would end the PLP 2020 program (Section 3.90) and potentially restore the suspended general salary increases for state employees (Section 3.91). With receipt of federal funds by October 15 of more than $2 billion, but less than $14 billion, the restoration among the 18 budget categories would be proportional.

Although this means the PLP 2020 program will likely remain in place at least through the end of the budget year in June 2021, no additional state employee compensation cuts have been authorized by the Legislature.

Deficits Remain and Expenditures Up, but Budget Outlook Not as Dire as Projected in April 2020

Finance Director Bosler noted the Administration is continuing the effort to obtain needed federal funds as deficits are projected for the next few years. With any funds received after the October 15 Budget Act deadline, it is likely the Administration would work with the Legislature again to allocate those funds.

The Finance April 2020 economic forecast was bad, but thankfully was wrong with several months of revenue coming in higher than anticipated. At the same time expenditures related to wildfires have been higher than expected. While deficits will continue to be projected as the Governor’s 2021-2022 proposed budget is put together, they will be smaller deficits than originally projected.

There is no hard state hiring freeze as they want to continue to have flexibility to hire where needed. State departments will be getting instructions through a Finance budget letter to plan to reduce operating expenses by 5 percent for FY 21-22.


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ACSS Board of Directors Cancels All In-Person Meetings Through 2020

Posted: 8/10/2020 Tags: Board Meeting chapters COVID-19 meeting Tags Views: 896

The ACSS Board met via conference call on August 1, 2020. The primary issue discussed by the Board was the effect of the COVID-19 pandemic on ACSS members, including those effects in the workplace and by the adoption of PLP days and the State Budget.

The number one issue of importance was the health, safety and welfare of ACSS members. The Board also discussed how best ACSS can continue it’s hard work in advocating for our members and providing member service.

As a result of these discussions, the ACSS Board of directors has unanimously determined that it is in the best interest of our members, and our organization as a whole, that all in-person meetings of ACSS members be cancelled through the end of the year. This includes all chapter and board meetings. ACSS is actively investigating technological alternatives to in-person meetings to ensure communication and networking opportunities continue in a safe manner the future.

During this time, ACSS remains fully operational in advocating for the interests of our members and in representing those members in the workplace and statewide.


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CalHR Issues Pay Letters and Pay Differentials Adjusting Pay

Posted: 7/17/2020 Tags: benefits budget COVID-19 legislation policy representation salary Tags Views: 4842

This week CalHR issued a series of Pay Letters and Pay Differentials adjusting pay for excluded employees. CalHR confirmed to ACSS that the expectation remains that the State Controller’s Office will implement the major changes with the July pay period. This means the next paychecks are expected to include the following:

Personal Leave Program 2020 – a reduction in pay of 9.23% (equivalent to two days’ pay) and accrual of 16 hours of personal leave credit, to be used in the same manner as vacation/annual leave and before any other paid leave (except sick leave).

Suspension of “OPEB/CERBT” Employee Contribution – excluded employees will not pay the contribution to prefund retiree healthcare. The contributions range generally from 2 percent to 4.6 percent of salary. Excluded employees related to bargaining units 12 and 13 will continue to see the deduction, but will receive a pay differential in an equivalent amount. (This pay differential has not yet issued, but is expected to be retroactive to July 1, 2020 if not implemented with the July pay warrant.)

Although General Salary Increases effective July 1, 2020 were suspended or deferred, Merit Salary Adjustments for employees not at the top step of their classifications are unaffected and will continue.

Exempt and Excluded Employees Associated with SEIU Bargaining Units (1, 3, 4, 11, 14, 15, 17, 20, and 21)

  • $260 per month taxable cash benefit to improve access and affordability of healthcare
  • Geographic Pay of $250 per month for employees working in Orange, Santa Cruz, Santa Barbara and San Luis Obispo Counties
  • Special Salary Adjustments (generally 5%) for employees in nearly 100 classifications

>>Click here to review the Pay Letter listing the excluded employee classifications receiving the SSA increases.

Exempt and Excluded Employees Associated with Unit 18

  • A General Salary Increase of 2.75% retroactive to January 1, 2020
  • A Special Salary Adjustment at the top step of 2.5%, effective July 1, 2020 (S18 and M18 employees at the top step of the class for 12 months or more will receive the increase immediately; others will receive the increase through Merit Salary Adjustments when eligible)

As of today, ACSS awaits a Pay Letter implementing expected salary adjustments for S07 and M07 excluded employees related to the Criminalist series and changes to longevity pay, and a change to a pay differentials for DSH Police Officers and S16 and M16 employees for Continuing Medical Education expenses.

ACSS’ initial review has identified a few anomalies in the Special Salary Adjustments. We will pursue clarification and possible corrections or potential amendments to the Pay Letters with CalHR.


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Excluded Employee Compensation Plan for 2020-2021


The Department of Human Resources (CalHR) has released the outline of the excluded employee pay plan for the 2020-2021 fiscal year. We are pleased that the outline contains most of the items ACSS has advocated for in light of the Administration’s mandated state employee compensation decreases due to the large state budget deficits related to the ongoing pandemic.

The exempt and excluded pay plan effective July 1, 2020 includes:

  • Two day-per month Personal Leave Program (PLP) reducing compensation by 9.23% and providing 16 hours of leave credit per month. The PLP credit will not need to be used in the month it is accrued, but taken before other paid leave (except sick leave).
  • Suspending employee payments to pre-fund retiree health care. The deduction is shown on your pay warrant as “OPEB/CERBT”. The deductions for employees related to units 12 and 13 will continue, but be offset by a pay differential.
  • General Salary Increases are suspended.
  • Special Salary Adjustments and Pay Differentials will be extended to exempt and excluded employees where appropriate.
  • All employees related to the nine SEIU Local 1000 bargaining units (1, 3, 4, 11, 14, 15, 17, 20, and 21) will receive a $260 per month taxable cash benefit to offset health care costs.
  • The Vacation/Annual Leave Cap is increased by the amount of the PLP accrued for excluded employees related to bargaining units 2, 9, 10 and 19.

CalHR is working on pay letters to implement the details of the leave program and special salary and pay differential adjustments. CalHR expects to issue a series of pay letters “in the coming weeks” and has informed ACSS they are working with the State Controller’s Office to try to implement the majority of the salary adjustments in the July pay period.

As the pay letters are developed, ACSS will continue advocacy with CalHR to ensure excluded employees receive all appropriate special salary adjustments and pay differentials and will keep you informed regarding the expected timing of the pay adjustments.


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