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Leave Buy-Back Program Authorized for Excluded Employees

Posted: 4/27/2022 Tags: benefits leave legislation policy representation salary Tags Views: 830

CalHR and the Department of Finance have authorized the Excluded Employee Leave Buy-Back Program for 2021-2022. 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). Excluded employees related to bargaining unit 2 (attorneys and administrative law judges) may cash out up to 160 hours of leave. 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, 2022, your department should notify you whether the department has funds to participate and how much leave 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, 2022.

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 Stipend Pay Differential Covering All Excluded Employees

Posted: 3/2/2022 Tags: legislation policy representation Tags Views: 2933

On March 1, 2022, the Department of Human Resources (CalHR) issued Pay Differential 453 – Telework Stipend Differential for all excluded employees and for employees in the six rank-and-file bargaining units with a telework stipend side letter agreement.

Excluded employees with an approved remote-centered telework agreement (50 percent or more at home) shall receive $50 per month. Excluded employees with an approved office-centered telework agreement shall receive $25 per month. Eligibility and the amount of the stipend are generally based on the employee’s approved telework agreement as of the first day of the month. Incidental telework does not qualify. No receipts are required for the stipend.

Employees receiving the stipend are not eligible to submit claims for utilities, phone, cable/internet, or other costs. Claims for approved office supplies such as papers, pens, and printer cartridges can be submitted in accordance with department policies.

The Telework Stipend is retroactive to October 1, 2021 for all eligible excluded employees. The State Controller’s Office is already working with departments on implementing the new stipend. When ACSS obtains an estimate of the expected timing of the Telework Stipend payments, that information will be shared with ACSS Members.

ACSS thanks CalHR and the Administration for agreeing to make this stipend available to all eligible excluded employees, not just those employees related to a bargaining unit with a telework stipend side letter.

The CalHR Pay Differential can be read here.

If you have questions about the Telework Stipend, contact your ACSS Labor Relations Representative.


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New Telework Stipend Program Policy Effective October 1; Retroactive Payments Likely

Posted: 10/7/2021 Tags: legislation policy representation Tags Views: 5001

The Department of Human Resources (CalHR) and the Department of General Services (DGS) have implemented a new Telework Stipend Program and a new statewide Telework Policy – each effective on October 1, 2021. Although the new statewide DGS Telework Policy is now effective, emergency telework provisions still remain in effect.

CalHR confirmed to ACSS that telework stipends for excluded employees are intended to be effective October 1, 2021, but that the payment of the stipends most likely requires a legislative appropriation. This means payments are not expected to begin until the Legislature passes a measure approving the appropriation of funds after returning to session in January 2022. CalHR confirmed that with a legislative appropriation, the telework stipend payments for excluded employees will be retroactive to October 1.

The major provisions of the new Telework Policy and Telework Stipend Program include:

  • An encouragement of teleworking, with management/departments retaining the discretion to find that positions or job classifications are not appropriate for telework
  • Dependent care and personal responsibilities cannot affect work duties or professionalism
  • For employees who telework, they will be either remote-centered (50% or more at home) or office-centered (more than 50% at the office)
    -  Remote-centered employees will receive a $50 per month stipend
    -  Office-centered employees will receive a $25 per month stipend
    -  As employees need to provide adequate internet coverage to perform the job, this is the main basis for the stipend
  • Other equipment and office supplies may be provided or reimbursed (pens, paper, printer ink, etc.)
  • The state will provide equipment for a single dedicated work station for employees
    -  Remote-centered teleworkers shall have their dedicated work station at their designated alternate work location. Remote-centered teleworkers shall use a shared work station when working in the office
    -  Office-centered teleworkers shall have a dedicated work station in the office and utilize their own equipment or department provided mobile equipment for teleworking at their designated alternate work location
  • Each department will have to adopt its own telework policy by October 1, 2022, but cannot alter the CalHR Standard 200 Telework Form

Departments are encouraged by the Administration to determine the maximum level of telework appropriate based on their operational needs with the goal of maximizing telework. ACSS will meet and confer as appropriate over proposed departmental telework policies to protect the interests of supervisors and managers.

ACSS’ legislative advocates will work to ensure the Legislature approves an appropriation to fund the telework stipends for excluded employees. We will keep you apprised of the progress and expected timing of retroactive telework stipend payments for eligible excluded employees.

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


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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: 1034

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: 1347

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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