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Vaccine Mandates: Ordered for Health Care Facilities; Under Review by Federal Court for CDCR Institutional Settings

Posted: 8/11/2021 Tags: COVID-19 policy representation Tags Views: 621

ACSS has been informed of two recent developments concerning COVID-19 vaccination mandates for employees in “health care facilities” and employees at CDCR institutions.

Emergency Order Requiring Vaccinations in Health Care Settings

On August 5, 2021, the California State Public Health Officer ordered mandatory vaccinations for employees in all “health care facilities” in the state by September 30, 2021. ACSS has requested information from CalHR clarifying the scope of this order as applied to excluded employees. ACSS has also requested information from CalHR regarding the expected employment status of any employee who does not establish proof of vaccination or receive an exception for religious beliefs or a qualified medical exemption by the September 30 deadline.

Court Considers Mandatory Vaccinations for CDCR Employees

On August 9, 2021, a U.S. District Judge ordered briefing over whether COVID-19 vaccinations should be mandatory for CDCR institutional staff. The underlying lawsuit involves medical care in state prisons. The Federal Receiver overseeing medical care in state prisons recommended to the court “that access by workers to CDCR institutions be limited to those workers who establish proof of vaccination (or have established a religious or medical exception to vaccination).” The court has asked the parties whether they agree or disagree with the public health conclusions supporting the Receiver’s recommendation.

There is also some uncertainty over which CDCR employees are covered by the August 5th order of the State Public Health Officer saying that all workers in “health care facilities” must be vaccinated. The court has asked the parties to weigh-in on whether the August 5th order applies to some or all of CDCR’s employees. The matter is tentatively set for a hearing on September 16, 2021.

As additional information is received from CalHR and the courts regarding mandatory vaccination orders, ACSS will continue to evaluate the orders and exception process to ensure the interests of supervisors and managers are protected.

If you have questions about vaccine mandates, contact your ACSS Labor Relations Representative.


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Update on CalHR Vaccine Verification and COVID-19 Testing Direction to State Agencies

Posted: 8/4/2021 Tags: COVID-19 policy representation Tags Views: 901

On July 26, 2021, the California Department of Human Resources (CalHR) announced a policy requiring state departments to have a process for vaccine verification and requiring mandatory COVID-19 testing of unvaccinated employees working on site. On August 3, CalHR Director Eraina Ortega provided a vaccine verification and testing update.

CalHR and the California Department of Public Health (CDPH) are developing a testing program that will be implemented first in four departments - CHP, CalFire, Caltrans and DMV. CalHR and CDPH will meet with those departments later this week. Following the implementation in those departments, CalHR will create the “playbook” for state departments to expand the testing program to all departments. Based on that schedule, it may take some time for testing to be done in all state departments.

CDPH has developed a draft “Antigen Testing Playbook” which is expected to form the basis for the state employee testing process. As the testing protocols are developed for state departments, ACSS will review the testing process (e.g., self-collecting swabs, test results, next steps related to positive tests, data collection) to protect the interest of members. Testing roles and responsibilities and are likely to differ based on the size of departments or worksites.

State departments will receive instructions for reporting both the percentage of employees who have verified their vaccine status and how many employees working on-site are anticipated to be tested at least weekly. Employees without a vaccine verification who telework full time will not be required to test unless they come into the office.

CalHR has confirmed to ACSS that as testing protocols are developed, departments will provide notice to ACSS and an opportunity to meet and confer over the impact to ensure the interests of supervisors and managers are protected.

If you have questions about vaccine verifications or the testing requirements, contact your ACSS Labor Relations Representative.


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CalHR Issues Pay Letters Ending the PLP 2020 Reduction and Implementing Salary Increases

Posted: 7/9/2021 Tags: benefits budget legislation policy representation salary Tags Views: 2016

This week CalHR issued two pay letters impacting excluded employees. Pay Letter 21-18 ends the pay reductions (generally 9.23%) from the Personal Leave Program 2020. Pay Letter 21-19 increases salaries for most excluded employees through General Salary Increases and includes a number of Special Salary Adjustments. The State Controller’s Office is implementing these changes with the July 2021 pay period warrants.

All excluded employees are receiving the same General Salary Increases as related rank-and-file employees and from ACSS’ initial review, it appears all Special Salary Adjustments have been passed along to related supervisors and managers.

ACSS awaits a pay letter for the July 1, 2021 General Salary Increase (5.06%) and Special Salary Adjustments for S19 and M19 employees. ACSS will keep impacted employees apprised of the expected timing of these salary adjustments.

CalHR has informed ACSS that the resumption of the “OPEB/CERBT” employee contribution is now expected to also take effect with the July pay warrant. This employee contribution to prefund retiree health care benefits was suspended during the PLP 2020 pay reductions with the state picking up the employees’ portion. The employee contributions generally range from 2 percent to 4.6 percent of salary.

With salaries restored, ACSS now looks forward to working in earnest with CalHR and impacted departments to address a number of supervisory and managerial pay and classification issues.

Pay Letter 21-18 ending the PLP 2020 reductions can be read here.

The portions of Pay Letter 21-19 affecting excluded employees can be read here. (page 14 through 45.)

If you have questions about the salary increases or the prefunding of retiree healthcare, please contact your ACSS Labor Relations Representative.


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CalHR Issues Face Covering Direction to State Agencies

Posted: 6/22/2021 Tags: COVID-19 policy representation Tags Views: 1047

On June 21, 2021, California Department of Human Resources (CalHR) Director Eraina Ortega provided updated requirements for the use of face coverings to state departments. The CalHR direction follows June 17, 2021 amendments to the California Occupational Safety and Health Board regulations.

Face coverings are not required for fully vaccinated individuals except in certain settings including correctional facilities, health care settings, school and childcare settings and public transit.

Face coverings are required for unvaccinated individuals in state offices, with exceptions for employees who cannot wear a face covering due to a medical condition or disability, employees who are hearing impaired where the ability to see the mouth is essential to communication, or wearing a face covering creates a workplace safety guideline risk. Face coverings are limited to surgical masks, medical procedure masks, a respirator, or at least two layers of tightly woven or non-woven material. Scarfs, bandanas, and single layers of fabric are excluded.

Upon request, departments must provide unvaccinated employees with an N95 respirator. Departments are directed to establish a procedure to provide N95 coverings to employees requesting one.

Documenting Vaccination Status

“Fully vaccinated” means the employer has documented the employee has received, at least 14-days prior, the second dose of a two-dose vaccine or a single dose vaccine.

Departments are directed to implement a procedure where employees can self-attest to their vaccination status. No verification is required and the voluntary attestation record will not reside in an employee’s personnel file. No medical information should be revealed and departments should not ask questions of employees who choose not to provide vaccine status information.

Departments are directed to update policies on workplace bullying/violence to address issues such as commenting about mask/non-mask wearers or not respecting a request for social distance.

As departmental policies are developed, ACSS will meet-and-confer where appropriate to ensure the interests of supervisors and managers are protected. If you have questions about face covering policies, contact your ACSS Labor Relations Representative.

The CalHR direction can be read here.


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ACSS Meets with CalHR: PLP 2020 to End, Excluded Employee Salary Increases July 1, 2021

Posted: 6/16/2021 Tags: bargaining benefits budget policy salary Tags Views: 5002

ACSS met with the Department of Human Resources (CalHR) on June 15, 2021 to discuss pay and benefits for the state’s supervisory, managerial, confidential and exempt employees.

Excluded Employee Pay Plan for 2021-2022

CalHR has confirmed to ACSS that the Personal Leave Program (PLP) salary reductions of 9.23% will end effective June 30, 2021. Full salaries will be restored for all excluded employees and accrual of PLP days will end. CalHR has also confirmed that generally, excluded employees will receive the same percentage salary increases as the bargaining unit to which they are affiliated.

The Exempt and Excluded Employee Pay Plan includes:

  • An end to the Personal Leave Program salary reduction of 9.23%
  • General Salary Increases effective July 1, 2021:

    EXCLUDED EMPLOYEES AFFILIATED WITH BARGAINING UNIT: GSI
    1, 3, 4, 11, 14, 15, 17, 20, 21 (SEIU Units)  4.55%
    2 (+1.33% additional salary adjustment for all)  4.04%
     5  4.90%
     6  5.58%
     7  5.06%
     9  5.58%
     10  7.63%
     12  5.06%
     13  5.83%
     16  5.06%
     18  5.58%
     19*  5.06%
  • Special Salary Adjustments and Pay Differentials will be extended to exempt and excluded employees where appropriate.
  • Employees will resume the “OPEB” contribution to pre-fund retiree health care (the amount varies from 1.4% to 4.6% of salary). The deduction is expected to resume with the August 2021 pay warrant.
  • All exempt and excluded employees associated with the SEIU bargaining units will continue to receive the $260 taxable cash benefit (health affordability payment) through June 30, 2022.

Exempt and Excluded Employees not directly tied to a bargaining unit (such as many employees who have an “E” Collective Bargaining Identifier) are expected to receive the 4.55% GSI.

CalHR is working on the “Pay Letters” and expects the salary adjustments to be reflected in the July pay warrants. As the pay letters are developed, ACSS will continue advocacy with CalHR to ensure excluded employees receive all appropriate special salary adjustments.

Negotiations between CalHR and the representatives for rank-and-file bargaining unis 8, 10 and 19 for new labor contracts continue. ACSS has proposed that any increases in those MOUs also be provided to related excluded employees.

Other Salary and Benefit Advocacy for ACSS Members Continues

At the June 15, 2021 meeting, CalHR and ACSS continued the discussion of salary inequities and classification issues for excluded employees.

CalHR has again committed to providing substantive responses to many ACSS proposals including:

  • Allocating Nursing Consultant, Program Review employees to State Safety Retirement
  • Salary inequity adjustments for Program Directors, Program Assistants, and Unit Supervisors
  • Salary inequity adjustments for excluded Environmental Planners, Transportation Planners and Right-of-Way Agents
  • Reclassification and salary adjustments for the excluded employees in the Health Facility Evaluator Series
  • Salary inequity adjustments for the Food Service Supervisor excluded classes for fiscal year 2020-2021.

ACSS will continue to keep impacted members apprised of the status of potential increases to pay and benefits.

* BU 19 UPDATED as of 7/1/2021


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