ARTICLE 5
LEAVES

5.1 Sick Leave

A.  DPA Rule 599.745 (a) through (d) regarding the definition of 'sick leave' is superseded by the following:

As used in this Section, 'sick leave' means the necessary absence from duty of an employee because of:

1.   Illness or injury, including illness or injury relating to pregnancy.

2.   Exposure to a contagious disease.

3.   Dental, eye, and other physical or medical examination or treatment by a licensed practitioner.

4.   Absence from duty for attendance upon the employee's ill or injured parent, spouse, (effective April 1, 2002, domestic partner as certified with the Secretary of State's Office in accordance with AB 26 (Chapter 588, Statutes of 1999)), child, brother, sister, grandparent, mother-in-law, father-in-law, grandchild, foster parent, foster child, guardian, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepchild, adopted child, or any person residing in the immediate household, or to transport any of the above for the purpose listed in 3. above. Such absence shall not exceed eight (8) days per year.

B.   DPA Rule 599.749 regarding sick leave usage is superseded by the following:

1.   The department head or designee may require the employee to submit a physician's or licensed practitioner's certificate if:

a.   The employee is absent on sick leave for more than two consecutive work days; or

b.   The supervisor has good cause to believe the employee's use of sick leave is improper and the employee is notified in advance (at the beginning of the work day for which sick leave is requested or sooner) that the physician's or licensed practitioner's certificate may be required.

2.   The department head or designee may deny sick leave if the certificate is not provided or sick leave was taken under false pretenses.

5.2 Bereavement Leave

A.  Effective July 1, 2002, a department head or designee shall authorize bereavement leave with pay for a permanent or probationary full-time State employee due to the death of his/her parent, stepparent, spouse, domestic partner who has been certified with the Secretary of State's Office in accordance with AB 26 (Chapter 588, Statutes of 1999), child, adopted child, stepchild, sister, brother, or death of any person residing in the immediate household of the employee at the time of death. An intervening period of absence for medical reasons shall not be disqualifying when, immediately prior to the absence, the person resided in the household of the employee. Such bereavement leave shall be authorized for up to three eight-hour days (24 hours) per occurrence. The employee shall give notice to his/her immediate supervisor as soon as possible and shall, if requested by the employee's supervisor, provide substantiation to support the request upon the employee's return to work.

B.   A department head or designee shall authorize bereavement leave with pay for a permanent full-time or probationary full-time employee due to the death of grandchild, grandparent, aunt, uncle, niece, nephew, mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-in-law, or brother-in-law. Such bereavement leave shall be authorized for up to three (3) eight-hour days (24 hours) in a fiscal year. The employee shall give notice to his/her immediate supervisor as soon as possible and shall, if requested by the employee's supervisor, provide substantiation to support the request.

C.   If the death of a person as described above requires the employee to travel over four hundred (400) miles one way from his/her home, additional time off with pay shall be granted for two (2) additional days which shall be deducted from accrued leave. Should additional leave be necessary, the department head or designee may authorize the use of other existing leave credits or authorized leave without pay.

D.  Employees may utilize their annual leave, vacation, CTO, or any other earned leave credits for additional time required in excess of time allowed in A or B above. Sick leave may be utilized for Bereavement Leave in accordance with the Sick Leave provision of this agreement.

E.   Fractional time base (part-time) employees will be eligible for bereavement leave on pro rata basis, based on the employees' fractional time base.

5.3 Catastrophic Leave

Upon request of an employee and upon approval of a department director or designee, annual leave, CTO, vacation, and/or holiday leave credits may be transferred from one or more employees to another employee, in accordance with departmental policies and under certain conditions listed below. Sick leave credits cannot be transferred under this provision.

1.   When the receiving employee faces financial hardship due to injury or the prolonged illness of the employee, employee's spouse or child.

2.   The receiving employee has exhausted all leave credits.

3.   The donations must be in whole-hour increments and credited as vacation or annual leave.

4.   Transfer of annual leave, vacation, CTO and holiday credits shall be allowed across departmental lines in accordance with the policies of the receiving department.

5.   The total leave credits received by the employee shall normally not exceed three months; however, if approved by the appointing authority, the total leave credits received may be six months.

6.   Donations shall be made on a form to be developed by the State and signed by the donating employee and verified by the donating department. These donations are irrevocable.

7.   This section is not subject to the grievance and arbitration article of this Contract.

5.4 Vacation Leave

A.  Employees shall not be entitled to vacation leave credit for the first six (6) months of service. On the first day of the monthly pay period following completion of six (6) qualifying monthly pay periods of continuous service, all full-time employees covered by this Section shall receive a one-time vacation bonus of 42 hours of vacation credit. Thereafter, for each additional qualifying monthly pay period, the employee shall be allowed credit for vacation with pay on the first day of the following monthly pay period as follows:

7 months to 3 years              7 hours per month
37 months to 10 years          10 hours per month
121 months to 15 years        12 hours per month
181 months to 20 years        13 hours per month
20 years and over                14 hours per month

An employee who returns to State service after an absence of six (6) months or longer, caused by a permanent separation, shall receive a one-time vacation bonus on the first monthly pay period following completion of six (6) qualifying pay periods of continuous service in accordance with the employee's total State service before and after the absence.

B.   A full-time employee who has eleven (11) or more working days of service in a monthly pay period shall earn vacation credits as set forth under Subsection A., above. Temporary or permanent separation for more than eleven (11) consecutive working days which fall into two consecutive qualifying pay periods shall disqualify the second pay period.

C.   Employees working less than full-time accrue vacation in accordance with the following schedule.

CHART FOR COMPUTING VACATION, SICK LEAVE, AND HOLIDAY CREDITS FOR ALL FRACTIONAL TIME BASE EMPLOYEES. SUPERCEDES ACCRUAL RATES IN MANAGEMENT MEMORANDUM 84-20-1

                                                    - HOURS OF MONTHLY SICK LEAVE AND HOLIDAY CREDIT               

D.  If an employee does not use all of the vacation that the employee has accrued in a calendar year, the employee may carry over his/her accrued vacation credits to the following calendar year to a maximum of 640 hours. A department head or designee may permit an employee to carry over more than 640 hours of accrued vacation leave hours if an employee was unable to reduce his/her accrued hours because the employee:

1.   Was required to work as a result of fire, flood, or other extensive emergency;

2.   Was assigned work of a priority or critical nature over an extended period of time;

3.   Was absent on full salary for compensable injury;

4.   Was prevented by department regulations from taking vacation until December 31 because of sick leave; or

5.   Was on jury duty; or,

6.   Was prevented by the department head or designee from utilizing accrued vacation.

It is the employee's responsibility to utilize all vacation hours in excess of the 640 hour cap by the end of each calendar year unless otherwise prevented from doing so as enumerated in paragraph D(1-6) above. Whenever an employee's vacation accumulation exceeds 640 hours, the department head or designee has the right to order the employee to submit a vacation request which will demonstrate how and when the employee plans to use any hours which will exceed the cap by the end of the calendar year. If the employee does not submit a plan or fails to use the time as planned for reasons other than those listed above, the department head or designee may then order the employee to take excess time at the convenience of the department.

E.   Upon termination from State employment, the employee shall be paid for accrued vacation credits for all accrued vacation time.

F.   Employees shall request to take vacation. The department head or designee shall approve the request unless there is an operational need to deny the request.

G.   Vacation requests must be submitted in accordance with departmental policies on this subject. When two or more employees ask for the same vacation time and the department head or designee cannot approve all the employees' requests, approval shall be granted in chronological order of legitimate request, consistent with equity for all affected bargaining unit employees.

H.  Each department head or designee will make every effort to act on vacation requests in a timely manner.

I.    Vacations will be canceled only when operational needs require it.

J.    Unit 9 employees are authorized to use existing fractional vacation hours that may have been accumulated.

K.  Vacation leave credits may be used in thirty (30) (effective October 31, 2002, fifteen (15)) minute increments.

5.5 Adoption Leave

A department head or designee shall grant a permanent employee's request for an unpaid leave of absence for the adoption of a child for a period not to exceed one year. The employee shall provide substantiation to support the employee's request for adoption leave.

5.6 Parental Leave

a.   A female permanent employee shall be entitled, upon request, to an unpaid leave of absence for purposes of pregnancy, child birth, recovery therefrom or care for the newborn child for a period not to exceed one (1) year, including any leave granted under the FMLA. The employee shall provide medical substantiation to support her request for pregnancy leave. The request must include the beginning and ending dates of the leave and must be requested no later than 30 calendar days after the birth of the child. Any changes to the leave, once approved, are permissive and subject to approval of the department head or designee.

If the initial request for parental leave is less than the maximum period allowed, subsequent requests to extend the leave to the maximum one-year time frame are permissive and may be considered by the department head or designee. If the request for parental leave is made more than 30 calendar days after the birth of the child, a permissive unpaid leave of absence may be considered by the department head or designee, in accordance with existing laws and rules.

b.   A male spouse, male parent, or effective April 1, 2002, domestic partner as defined and certified with the Secretary of State's office in accordance with Family Code Section 297, who is a permanent employee, shall be entitled, upon request, to an unpaid leave of absence for a period not to exceed one (1) year to care for his newborn child. The employee shall provide medical substantiation to support his request for parental leave. The request must include the beginning and ending dates of the leave and must be requested no later than 30 calendar days after the birth of the child. Any changes to the leave, once approved, are permissive and subject to approval of the department head or designee.

If the initial request for parental leave is less than the maximum period allowed, subsequent requests to extend the leave to the maximum one year time frame are permissive and may be considered by the department head or designee.

If the request for parental leave is made more than thirty (30) days after the birth of the child, a permissive unpaid leave of absence may be considered by the department head or designee in accordance with existing laws and rules.

c.   During the period of time an employee is on parental leave, he/she shall be allowed to continue their health, dental, and vision benefits. Except as provided under the FMLA, the cost of these benefits shall be paid by the employee and the rate that the employee will pay will be the group rate.

5.7 Jury Duty/Subpoena

a.   An employee shall be allowed such time off without loss of compensation as is required in connection with mandatory jury duty. If payment is made for such time off, the employee is required to remit to the State jury fees received. When night jury service is required of an employee, the employee shall be allowed time off without loss of compensation for such portion of the required time that coincides with the employee's normal work schedule. This includes any necessary travel time.

b.   An employee shall notify his/her supervisor immediately upon receiving notice of jury duty.

c.   If an employee elects to use accrued vacation leave or compensating time off while on jury duty, the employee is not required to remit jury fees.

d.   For purposes of this Section, 'jury fees' means fees received for jury duty excluding payment for mileage, parking, meals or other out-of-pocket expenses.

e.   For an employee summoned to jury duty during hours other than the employee's regular and customary shift, management will endeavor to temporarily reassign the employee to a work shift that more closely coincides with the hours the employee is required to serve on jury duty, including any necessary travel time, subject to the operational needs of the department permitting such a reassignment.

f.    An employee may be allowed time off without loss of compensation if approved by the department head or designee for voluntary jury duty such as county grand jury. If approved by the department, paragraphs c and d apply.

g.   Whenever an employee is served with a subpoena which compels his/her presence, unless he/she is party to an action unrelated to his/her employment, such employee shall be allowed the required time off without loss of compensation if the employee remits to the employer witness fees received.

5.8 Catastrophic Leave - Natural Disaster

Upon request of an employee and upon approval of a department director or designee, leave credits (CTO, vacation and/or holiday) may be transferred from one or more employees to another employee, in accordance with departmental policies, under the following conditions:

a.   Sick leave credits cannot be transferred.

b.   When the receiving employee faces financial hardship due to the effect of a natural disaster on the employee's principal residence.

c.   The receiving employee has exhausted all vacation, annual leave, or CTO credits and resides in one of the counties where a State of Emergency exists as declared by the governor.

d.   The donations must be in whole hour increments and credited as vacation or annual leave.

e.   Transfer of annual leave, vacation, CTO and holiday credits shall be allowed to cross departmental lines in accordance with the policies of the receiving department.

f.    The total leave credits received by the employee shall normally not exceed three (3) months; however, if approved by the appointing authority, the total leave credits received may be six (6) months.

g.   Donations shall be made on a form to be developed by the State, signed by the donating employee, and verified by the donating department. These donations are irrevocable.

h.   This section is not subject to the Grievance and Arbitration article of this contract.

5.9 Personal Leave Program

Effective October 1, 2003, the State shall implement a mandatory personal leave program for all unit employees.  This program shall remain in effect for 12 months.  Employees may voluntarily participate in the personal leave program on a continuing basis.

a.   Each full-time employee subject to paragraph b. shall be credited with eight (8) hours of Personal Leave on the first day of the following monthly pay period for each month in the Personal Leave Program (PLP).

b.   Salary ranges and rates shall be changed to reflect the July 1, 2003 general salary increase; however, each full-time employee shall continue to work his/her assigned work schedule and shall have a reduction in pay equal to 5%.  In exchange 8 hours of leave will be credited to the employee's PLP monthly.

c.   Personal leave shall be requested and used by the employee in the same manner as vacation or annual leave.  Requests to use personal leave must be submitted in accordance with departmental policies on vacation and annual leave balances pursuant to Article 5 (Leaves) and Sections 5.4 (Vacation Leave) and 5.12 (Annual Leave).

d.   At the discretion of the State, all or a portion of unused personal leave credits may be cashed out at the employee's salary rate at the time the personal leave payment is made.  It is understood by both parties that the application of this cash out provision may differ from department to department and from employee to employee.  Upon termination from State employment, the employee shall be paid for unused personal leave credits in the same manner as vacation or annual leave.  Cash out or lump sum payment for any Personal Leave credits shall not be considered as 'compensation' for purposes of retirement.  If funds become available, as determined by the Department of Finance, for the Personal Leave program, departments will offer employees the opportunity to cash out accrued personal leave.  Upon retirement/separation, the cash value of the employees personal leave balance may be transferred into a State of California, Department of Personnel Administration Deferred Compensation Program as permitted.

e.   An employee may not use any kind of paid leave such as sick leave, vacation, or holiday time to avoid a reduction in pay resulting from the Personal Leave Program.

f.    A State employee in the Personal Leave Program shall be entitled to the same level of State employer contributions for health, vision, dental, flex-elect cash option, and enhanced survivor's benefits he or she would have received had the Personal Leave program not occurred.

g.   The Personal Leave Program shall not cause a break in State service, a reduction in the employee's accumulation of service credit for the purposes of seniority and retirement, leave accumulation, or a merit salary adjustment.

h.   The Personal Leave Program shall neither affect the employee's final compensation used in calculating State retirement benefits nor reduce the level of State death or disability benefits the employee would otherwise receive or be entitled to receive nor shall it affect the employee's ability to supplement those benefits with paid leave.

i.    Part-time employees shall be subject to the same conditions as stated above, on a prorated basis.

j.    The Personal Leave Program for intermittent employees shall be prorated based upon the number of hours worked in the monthly pay period.

k.   The Personal Leave Program shall be administered consistent with the existing payroll system and the policies and practices of the State Controller's Office.

l.    Employees on EIDL, NDI, IDL, or Worker's Compensation for the entire monthly pay period shall be excluded from the Personal Leave Program for that month.

5.10 Industrial Disability Leave

a.   For periods of disability commencing on or after January 1, 1993, subject to Government Code Section 19875, eligible employees shall receive IDL payments equivalent to full net pay for the first 22 work days after the date of the reported injury.

b.   In the event that the disability exceeds 22 work days, the employee will receive 66 and 2/3% of gross pay from the 23rd work day of disability until the end of the 52nd week of disability. No IDL or payments shall be allowed after two years from the first day (i.e., date) of disability.

c.   The employee may elect to supplement payment from the 23rd work day with accrued leave credits including annual leave, vacation, sick leave, or compensating time off (CTO) in the amount necessary to approximate the employee's full net pay. Partial supplementation will be allowed, but fractions of less than one hour will not be permitted. Once the level of supplementation is selected, it may be decreased to accommodate a declining leave balance but it may not be increased. Reductions to supplementation amounts will be made on a prospective basis only.

d.   Temporary Disability (TD) with supplementation, as provided for in Government Code Section 19863, will no longer be available to any State employee who is a member of either the PERS or STRS retirement system during the first 52 weeks, after the first date of disability, within a two-year period. Any employee who is already receiving disability payments on the effective date of this provision will be notified and given 30 days to make a voluntary, but irrevocable, change to the new benefit for the remainder of his/her eligibility for IDL.

e.   If the employee remains disabled after the IDL benefit is exhausted, then the employee will be eligible to receive Temporary Disability benefits as provided for in Government Code Section 19863.

f.    In the event that an employee is determined to be 'permanent and stationary' by his/her physician before the IDL benefit is exhausted, but is unable to return to work, he/she must agree to participate in a vocational rehabilitation program. Refusing to participate will result in immediate suspension of the IDL benefit.

g.   An employee may elect to supplement Vocational Rehabilitation Maintenance Allowance, which is provided pursuant to Section 10125.1, Title 8, California Code of Regulations, with leave credits.

h.   The State and PECG agree to support legislation to amend Government Code Section 19863.1, to allow an employee to supplement Vocational Rehabilitation Maintenance Allowance with leave credits.

i.    All appeals of an employee's denial of IDL benefits shall only follow the procedures in the Government Code and Title 2. All disputes relating to an employee's denial of benefits are not grievable or arbitrable. This does not change either party's contractual rights which are not related to an individual's denial of benefits.

5.11 Mentoring Leave

A.  Eligible Unit 9 employees may receive up to forty (40) hours of 'mentoring leave' per calendar year to participate in mentoring activities once they have used an equal amount of their personal time for these activities. 'Mentoring leave' is paid leave time which may only be used by an employee to mentor. This leave does not count as time worked for purposes of overtime. 'Mentoring leave' may not be used for travel to and from the mentoring location.

B.   An employee must use an equal number of hours of his or her personal time (approved annual leave, vacation, personal leave, personal holiday, or CTO during the work day and/or personal time during non-working hours) prior to requesting 'mentoring leave.' For example, if an employee requests two (2) hours of 'mentoring leave,' he/she must have used two (2) verified hours of his/her personal time prior to receiving approval for the 'mentoring leave.' 'Mentoring leave' does not have to be requested in the same week or month as the personal time was used. It does, however, have to be requested and used before the end of the calendar year.

C.   Prior to requesting mentoring leave and in accordance with departmental policy, an employee shall provide his/her supervisor with verification of personal time spent mentoring from the mentoring organization.

D.  Requests for approval of vacation, CTO, and/or annual leave for mentoring activities are subject to approval requirements in this agreement and in existing departmental policies. Requests for approval of mentoring leave are subject to operational needs of the State, budgetary limits, and any limitations imposed by law.

E.   In order to be eligible for 'mentoring leave,' an employee must:

1.   Have a permanent appointment;

2.   Have successfully completed their initial probationary period; and

3.   Have committed to mentor a child or youth through a mentoring organization that meets the quality assurance standards, for a minimum of one school year. (Most programs are aligned with the child's normal school year; however, there may be some that are less or more. Department management may make exceptions to the one school year commitment based on the mentor program that is selected.)

F.   An employee is not eligible to receive 'mentoring leave' if:

(1)  He/she is assigned to a 'post' position in the Department of Corrections, Youth Authority; or,

(2)  He/she works in a level of care position in the Departments of Developmental Services, Mental Health, Education, and Veterans' Affairs.

G.   Effective October 31, 2002, permanent part-time and permanent intermittent employees may receive a prorated amount of mentoring leave based upon their timebase. For example, a halftime employee is eligible for twenty (20) hours of 'mentoring leave' per calendar year, whereas an intermittent employee must work a monthly equivalent of 160 hours to earn 3.33 hours of mentoring leave.

H.  DPA shall authorize state departments to include mentoring leave in support of Habitat for Humanity, regional engineering fair judging statewide and the Sacramento Regional Science and Engineering Fair as an approved program under Section 5.11, Mentoring Leave.

I.    Any appeals and/or disputes regarding this section shall be handled in accordance with the Complaint procedure specified in Section 12.2.b of this Contract. 

5.12 Annual Leave Program

a.   Employees may elect to enroll in the annual leave program to receive annual leave credit in lieu of vacation and sick leave credits. Employees enrolled in the annual leave program may elect to enroll in the vacation and sick leave program at any time except that once an employee elects to enroll in either the annual leave program or vacation and sick leave program, the employee may not elect to enroll in the other program until 24 months has elapsed from date of enrollment.

b.   Each full-time employee shall receive credit for annual leave in lieu of the vacation and sick leave credits of this agreement in accordance with the following schedule:

1 month to 3 years                11 hours per month
37 months to 10 years           14 hours per month
121 months to 15 years         16 hours per month
181 months to 20 years         17 hours per month
241 months and over            18 hours per month                        

c.   Part-time and hourly employees shall accrue proportional annual leave credits, in accordance with the applicable DPA rules. Employees shall have the continued use of any sick leave accrued as of the effective date of this Agreement, in accordance with applicable laws, rules, or Memorandum of Understanding.

d.   All provisions necessary for the administration of this Section shall be provided by DPA rule or Memorandum of Understanding.

e.   A full-time employee who has 11 or more working days of service in a monthly pay period shall earn annual leave credits as set forth in DPA Rules 599.608 and 599.609. Absences from State service resulting from a temporary or permanent separation for more than 11 consecutive days which fall into two consecutive qualifying pay periods shall disqualify the second pay period.

f.    Employees who work in multiple positions may participate in annual leave, provided an election is made while employed in an eligible position subject to these provisions. Annual leave accrual for employees in multiple positions will be computed by combining all positions, as in vacation leave, provided the result does not exceed the amount earnable in full-time employment, and the rate of accrual shall be determined by the schedule which applies to the position or collective bargaining status under which the election was made.

g.   If an employee does not use all of the annual leave that the employee has accrued in a calendar year, the employee may carry over his/her accrued annual leave credits to the following calendar year to a maximum of 640 hours. A department head or designee may permit an employee to carry over more than 640 hours of accrued hours because the employee: (1) was required to work as a result of fire, flood, or other extensive emergency; (2) was assigned work of a priority or critical nature over an extended period of time; (3) was absent on full salary for compensable injury; (4) was prevented by department regulations from taking annual leave until December 31 because of sick leave; or (5) was on jury duty.

h.   Upon termination from State employment, the employee shall be paid for accrued annual leave credits for all accrued annual leave time.

i.    The time when annual leave shall be taken by the employee shall be determined by the department head or designee. If on January 1 of each year an employee's annual leave bank exceeds the cap in subsection (g), the department may order the employee to take annual leave.

j.    Annual leave request must be submitted in accordance with departmental policies on this subject. However, when two or more employees on the same shift (if applicable) in a work unit (as defined by each department head or designee) request the same annual leave time and approval cannot be given to all employees requesting it, employees shall be granted their preferred annual leave period in order of State seniority.

k.   Each department head or designee will make every effort to act on annual leave requests in a timely manner.

l.    Annual leave that is used for purposes of sick leave is subject to the requirements set forth in section 5.1, Sick Leave, of this Agreement.

m.  The Enhanced Non-Industrial Disability Insurance (ENDI) in Section 4.4, applies only to those in the annual leave program described above in this Section.

n.   Employees who are currently subject to vacation and sick leave provisions may elect to enroll in the annual leave program at any time after 24 months has elapsed from date of last enrollment. The effective date of the election shall be the first day of the pay period in which the election is received by the appointing power. Once enrolled in annual leave, an employee shall become entitled to an enhanced NDI benefit (50 percent of gross salary).

5.13 Precinct Election Board Member

Effective October 31, 2002, with prior approval of the employee's supervisor and under comparable conditions as provided for supervisors and managers in DPA rule 599.930, an employee in Bargaining Unit 9 may be granted time off for public service as a member of a Precinct Election Board. The employee shall be eligible for both regular state compensation and any fee paid by the Registrar of Voters for such service. Verification of service may be required.