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Legislative News

CalHR Issues Face Covering Direction to State Agencies

Posted: 6/22/2021 Tags: COVID-19 policy representation Tags Views: 1153

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: 5227

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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Leave Buy-Back Program Authorized for Excluded Employees

Posted: 4/20/2021 Tags: benefits legislation policy representation salary Tags Views: 2303

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: 2391

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: 1253

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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