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Legislative News

Leave Buy-Back Program Authorized for Excluded Employees

Posted: 4/20/2021 Tags: benefits legislation policy representation salary Tags Views: 1775

CalHR and the Department of Finance have authorized the Excluded Employee Leave Buy-Back Program for 2020-2021. Employees designated Exempt, Supervisory, Managerial or Confidential may elect to be paid at their regular salary rate in exchange for up to 80 hours of unused leave (vacation or annual leave, voluntary personal leave, personal holiday or holiday credit). Note that Personal Leave Program 2020 leave (or prior PLP leave) may not be cashed out. Payment is out of existing appropriations, so each department’s participation is subject to the availability of departmental funds.

No later than May 1, 2021, your department should notify you whether the department has funds to participate and how much leave (up to 80 hours) that you will be able to cash out. The notification will include a deadline to submit your request to cash out leave. Departments may issue payments as early as May, but no later than June 30, 2021.

Authorization of the leave buy-back program is welcome news and reflective of the vastly improved state budget situation over last year’s pandemic related budget predictions. ACSS members are encouraged to evaluate their accrued leave status and consider cashing out leave as part of an overall strategy to remain compliant with leave caps.

Click here to view the CalHR policy manual covering leave buy-back.

If you have questions regarding leave buy-back program issues, please contact your ACSS Labor Relations Representative.


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CalHR Issues Telework Update to State Agencies

Posted: 4/7/2021 Tags: COVID-19 legislation policy representation Tags Views: 1676

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: 959

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: 2470

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: 1355

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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