Employee Relations Handbook

This Handbook is to be used as an aid and guide. It is not, however, a replacement for the advice and guidance available from Employee & Labor Relations.

Each section covers an area of inquiry with a brief introduction, then answers the questions most frequently asked of Employee & Labor Relations by supervisors and managers. Links provided throughout will take you to sample letters and other documents, such as County policies.

Our purpose is to make the handbook as complete as possible, so please call Employee & Labor Relations if there is an issue you would like addressed in this Handbook, and we may incorporate it in a future update.

You can find contact information for your department’s Employee & Labor Relations representative, as well as access the current Memoranda of Understanding, “Rules of the Civil Service Commission” and “Employer-Employee & Labor Relations Policy” via PDF, by visiting us online at https://www.smcgov.org/hr

DEDICATION

This handbook is dedicated to Tim Sullivan, whose passion for our profession shines throughout the pages that follow.

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Section 1: Introduction

Statement of Purpose

The purpose of the handbook is: To provide a basis for training all supervisors and managers in the...

Online Resources

Updated August 28, 2014 County Intranet: http://intranet.co.sanmateo.ca.us Supervisor Resources Supervisor...

How to use the Employee Relations Handbook

This Handbook is to be used as an aid and guide. It is not, however, a replacement for the advice and...

Section 2: Documentation

Documentation

Documentation is used for: Positive Feedback and Acknowledgement Career Development Showing Patterns Probationary...

A. What is documentation?

Any record that is kept regarding an employee’s performance or conduct – whether they pertain to...

B. What should be documented?

You should document BOTH the positive and negative issues that come to your attention: If an employee...

C. What is the benefit to me as a supervisor?

Many times, simply documenting and sharing problems with employees often helps to resolve them. You cannot...

D. Itinerary for management review of supervisors

With regards to documentation, managers need to ensure that each supervisor has established a file for...

E. Description of files to be maintained

This section explains what the various files are, where they are maintained in the County, and what types...

Example #1: Probationary Rejection for Attendance

Supervisory Notes – Jill Smith Administrative Assistant I (1040 hours probationary period) [PROBATIONARY...

Example #2: Probationary Extension due to Performance

Supervisory Notes – Jon Jones Community Worker II (1040 hours probationary period) [PROBATIONARY EXTENSION...

Example #3: “Special” Below Standard Evaluation

Supervisory Notes – Alice Doe file Administrative Secretary III [“SPECIAL” BELOW STANDARD EVALUATION] 1/8/10...

Section 3: Probationary Periods

Probationary Periods

The probationary period is the final phase in the examination process. The purpose of the probationary...

A. Who serves a probationary period?

Employees who are appointed to a classified position undergo a probationary period. Employees who promote,...

B. How long are probationary periods?

An employee’s probationary period is made up of either 1040, 1560, 2080, or 3120 hours (equivalent...

C. What are your supervisory responsibilities during a probationary period?

You are responsible for communicating performance and conduct standards and expectations to the employee,...

D. Can a probationary period be extended?

Yes, a probationary period can be extended to a total maximum length of 2,080 hours (one year of full-time...

E. How does an employee become permanent?

The preferred way is for the supervisor to write a performance evaluation just prior to the end of the...

F. How are employees notified that they have failed to pass their probationary period?

An employee is notified via a letter from the department head or designee, stating he/she is being rejected...

G. Can an employee transferring to another department be required to complete a new probationary period?

Section 12 of Civil Service Commission Rule XI provides that employees may transfer from one position...

H. Can an employee grieve or appeal a probationary dismissal?

An employee cannot grieve a probationary rejection. An employee may appeal a probationary rejection to...

I. Can a probationary employee take vacation time?

The County Ordinance Code states: “No vacation will be permitted prior to the completion of 13 full...

Request for Transfer or Voluntary Demotion

Available online at http://intranet.co.sanmateo.ca.us/hr/forms/ or from your department Payroll/Personnel...

Sample Acknowledgment and Acceptance Letter

– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE: EMPLOYEE’S NAME HOME STREET ADDRESS CITY,...

Sample Request for Extension of Probationary Period #1

– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Donna Vaillancourt, Director Human...

Sample Request for Extension of Probationary Period #2

– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Donna Vaillancourt, Director Human...

Sample Resignation Form

– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – Resignation of Employment This will document...

Sample Termination Letter for Probationary Employee*

– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE NAME CLASSIFICATION DEPARTMENT Dear...

Section 4: Introduction to Performance and Conduct

Introduction to Performance and Conduct

Employee expectations fall into two categories – Performance and Conduct. Performance : Expectations...

A. What is the difference between performance and conduct?

In general, performance relates to the quantity, quality, accuracy, and timeliness of work products....

B. Why do we make a distinction between performance and conduct?

Conduct and performance are handled differently in terms of the corrective action process. You should...

C. What is corrective action?

Corrective action is the process the supervisor begins when an employee’s performance or conduct...

D. What is disciplinary action?

Disciplinary action is taken when corrective action has not caused the employee to correct his/her performance...

E. What is non-punitive discipline?

Non-punitive discipline is a program that replaces unpaid suspensions with a disciplinary letter that...

Is It Performance or Conduct?

BEHAVIOR CATEGORY An employee won’t perform an assignment. Conduct An employee can’t perform an assignment. Performance An...

Section 5: The Skelly Process

01. Background

The Skelly decision (Skelly vs. California Personnel Board) determined that a permanent public employee...

02. Procedures for the Skelly Process

Prior to initiating any disciplinary action, the supervisor and/or manager will conduct investigatory...

03. You have been assigned to be a Skelly Hearing Officer…

Your role is to listen to the employee and ask clarifying questions in order to get the full story from...

A-1. 3 Phases of the Skelly Process: The Intent Letter

What is it? This Skelly letter informs the employee of the intent to take a disciplinary action. It sets...

A-2. 3 Phases of the Skelly Process: The Employee’s Reply

What is it? An employee is given the opportunity to reply, either orally, in writing, or both, to the...

A-3. 3 Phases of the Skelly Process: The Decision Letter

What is it? A letter notifying the employee that disciplinary action is being taken. The letter states...

Section 6: Performance

Performance

Preparing evaluations is only a small part of the employee performance process. It is essential that...

A. What is the supervisor's responsibility regarding employee performance?

First, clearly communicate your expectations. These expectations may include written performance standards...

B. What are performance expectations?

Performance expectations are the standards for the position and the objectives for the individual employee,...

B.1 Sample Performance Improvement Plan #1

On DATE, we met to discuss your performance in the position of X. In that meeting, I brought to your...

B.2 Sample Performance Improvement Plan #2

EMPLOYEE NAME’S Performance Improvement Plan Jointly developed by (Employee’s Name) & (Supervisor’s...

B.3 Sample Performance Improvement Plan #3

(Name) (Classification) (Date) – Performance Improvement Plan Expectation Action Plan Means of Measurement Leadership...

B.4 Sample Performance Improvement Plan #4

EMPLOYEE NAME’S Performance Improvement Plan DATE Cleanliness and organization of the Shop The workbench...

C.1 Process for preparing an employee performance evaluation: Step 1 – Regular Feedback Sessions

Supervisors and managers should meet with all of their employees on a regular basis throughout the rating...

C.2 Process for preparing an employee performance evaluation: Step 2 – Initial Discussion of Performance

Approximately two weeks prior to the end of the rating period, the supervisor meets with the employee...

C.3 Process for preparing an employee performance evaluation: Step 3 – Draft Performance Evaluation

Based on the discussion described in Step 2, the supervisor completes an initial draft Performance Evaluation...

C.4 Process for preparing an employee performance evaluation: Step 4 – Employee Comments

The employee has ten working days (two weeks) from the meeting described in Step 3 to review the draft...

C.6 Process for preparing an employee performance evaluation: Step 5 – Finalizing the Performance Evaluation

Following the ten working days review period (two weeks), the supervisor reviews the draft, considers...

C.7 Substandard Performance Evaluations

Employees who receive a substandard rating must be placed on a Special Review cycle. Performance Reports...

C.8 Timeliness of Performance Evaluations

Employee performance evaluations are to be completed annually for all permanent employees regardless...

C.9 Special Performance Evaluations

For permanent employees, a performance evaluation may cover a period of less than one year. When a performance...

D. What should be done if an employee is not meeting performance expectations?

First, contact Employee & Labor Relations to discuss the case and develop a strategy. Please see...

E. How does the supervisor know what to do next, and when to do it?

If you have determined that the employee is not meeting expectations during the special evaluation process,...

Flowchart for Performance Evaluations

Sample Employee Performance Report

Contact Employee & Labor Relations for the Fillable PDF form.

Sample Pre-Evaluation Memo #1

Date: To: Employee, Classification From: Supervisor, Title Subject: Pre-evaluation Memo As you have not...

Sample Pre-Evaluation Memo #2

– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – To: EMPLOYEE’S NAME, CLASSIFICATION From: SUPERVISOR’S NAME,...

Sample Skelly Decision Letter – Poor Performance

– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – November 3, 2010 Employee Name Title Department Hand-delivered Dear...

Sample Skelly Intent to Dismiss Letter – Poor Performance

– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – October 20, 2010 Employee Name Title Department Hand-delivered Dear...

Sample Supervisor Transition Memo

Print on Departmental Letterhead Date: January 29, 2010 To: NEW SUPERVISOR, CLASSIFICATION From: CURRENT...

Section 7. Conduct

Conduct

Conduct cases are those where an employee fails to comply with work rules, policies, and procedures such...

A. What is the supervisor's responsibility regarding employee conduct?

First, you must clearly communicate your expectations. Employees must know that they are expected to...

B. What should be done if an employee does not adhere to conduct expectations?

The first step is to conduct an investigation. If you have personally observed the misconduct (e.g. an...

C. How does the supervisor know what to do next, and when to do it?

If the misconduct still continues, or if the first instance of misconduct is serious in nature, contact...

D. What is progressive discipline?

When an arbitrator decides whether to sustain or overturn a disciplinary action, he/she considers a number...

How the Non-Punitive Discipline Program Works

The Non-Punitive Discipline Program is designed to help correct conduct and attendance problems by serving...

Non-Punitive Discipline Program Description

All County employees are covered by the Non-Punitive Discipline Program. The Sheriff’s Office reserves...

Non-Punitive Discipline Program Overview

The Non-Punitive Discipline Program replaces unpaid suspensions with a disciplinary letter which fully...

Objectives of the Non-Punitive Discipline Program

The overall goal of the Non-Punitive Discipline Program is to improve public service and productivity...

Overview of Traditional Discipline Program

The County practices the concept of progressive discipline. When an employee’s conduct warrants...

Sample Counseling Memo for Discourtesy

DATE: Day following Interview TO: Employee, Classification FROM: Name, Supervisor SUBJECT: Counseling...

Sample Letter of Reprimand for Discourtesy

– PRINT ON DEPARTMENTAL LETTERHEAD – Date: To: Supervisor From: Manager Subject: Letter of Reprimand This...

Sample Letter of Warning for Waste Of County Time

– PRINT ON DEPARTMENTAL LETTERHEAD – Date: July 31, 2010 To: Janine Jones, Legal Office Services Supervisor From:...

Sample Skelly Decision Letter – Conduct (Non-Punitive Discipline)

– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee Name Classification (Hand-delivered) Dear Ms...

Sample Skelly Decision Letter – Dismissal

– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee, Classification Home Address OR Hand-delivered...

Sample Skelly Intent Letter – Conduct (Non-Punitive Discipline)

– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee Name Classification (Hand-delivered) Dear Ms....

Sample Skelly Letter of Intent - Dismissal

– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee, Classification Home Address OR Hand-Delivered...

Section 8: Conducting Employee Investigations

Conducting Employee Investigations

You will not personally witness every act of misconduct alleged to have been committed by your employees....

A. What is the supervisor's responsibility in the area of employee investigations?

Receive the Complaint Explain procedures. Tell the complainant that the matter will be promptly investigated...

B. Should the employee be removed from the work area during the investigation?

In most circumstances, it is not necessary to do so. However, in some situations it may be appropriate...

C. What is the supervisor's responsibility if the workplace allegation involves potential criminal action?

Document the allegation accurately and completely. Take careful, legible notes of what the complainant...

D. What is the supervisor's responsibility when the alleged misconduct is of a non-criminal nature?

In all other cases where there is an allegation of serious (but not criminal) misconduct, the County...

E. What if the allegation involves potential criminal activity away from work?

It is essential that supervisors and managers contact the County Counsel’s Office as soon as they become...

F. Is the employee entitled to Union representation during administrative interviews?

Any time you are interviewing a represented employee in conjunction with an investigation, the employee...

G. What is the investigatory file used for?

The materials in the file will be reviewed to determine whether there is sufficient proof to sustain...

H. What is the manager's role in employee investigations?

Depending on the level of the employee alleged to have committed the misconduct and the nature of the...

I. What do I do if I suspect that an employee is under the influence of alcohol or drugs while at work?

Follow these recommended steps if you suspect that an employee is under the influence of alcohol or drugs...

I.1 Objective Signs of Impairment

For more information, please see HR Bulletin 5: Dealing with the Impaired Employee on the HR website...

J. What do I do if an employee makes a threat to me and/or to anyone else?

The County does not tolerate violence in the workplace. Refer to the County’s Violence in the Workplace...

Sample Assignment to Work at an Alternate Location Letter

Date Name Classification Department Dear Mr. Employee: Subject: Temporary Assignment to Work at a Different...

Sample Interview Questions

Please note these sample questions do not take into account the unique aspects of any given situation,...

Sample Interview Questions: Alleged Discourtesy to Client

A client contacted me to complain about what she considers to have been inappropriate comments directed...

Sample Interview Questions: Alleged Discourtesy to Coworker

I understand that you took several days off while I was on vacation. How about if you start with telling...

Sample Interview Questions: Alleged Internet and/or E-mail Misuse

What is your understanding of the County’s Internet policy? How many times a day, on average, do you...

Sample Interview Questions: Alleged Misuse of Position

NAME, talk with me about your experience with getting client bus passes from our department. When did...

Section 9: Tardiness and Absenteeism

Tardiness and Absenteeism

Correction of tardiness and absenteeism is one of the most complex and frustrating areas of Employee...

A. What can I do to avoid leave problems?

General Guidance Expectations – The most important step you can take is to clearly communicate your...

B. How does a supervisor address leave problems?

Corrective Action Steps As in all corrective action, supervisors/managers must consider all pertinent...

Bereavement Leave

The County Ordinance Code and the various MOUs provide that sick leave may be used for the employee’s...

C. What are some examples of leave problems?

Tardiness – Everyone will arrive late to work on occasion due to unexpected traffic problems or unavoidable...

D. What is the difference between leave without pay, and absence without leave?

Leave without pay (LWOP) is considered approved leave. If an employee requests time off and the request...

E. Must vacation leave be approved when an employee is tardy?

No. For occasional instances of tardiness, it is appropriate to allow employees to charge the tardy to...

F. Is an employee entitled to use vacation leave whenever it is requested, if they have a balance of vacation hours?

No. Vacation leave is requested in advance and approved or denied by the supervisor or manager based...

G. Must every request for sick leave be approved?

No. Sick leave is used for very specific purposes as outlined in the various MOUs and in the Ordinance...

H. When can a supervisor request a doctor's note?

Some departments have a written or unwritten policy that any absence in excess of three working days...

I. Does an employee have to provide a release to work after every illness?

Generally, an employee is not required to provide a release to return to work after illnesses. Some examples...

J. If an employee brings in doctor's notes as required, is there anything a supervisor can do about excessive sick leave?

Yes. Civil Service Rule XIII lists “excessive absenteeism and/or tardiness” as a basis for...

K. How do I determine whether an employee’s attendance constitutes “excessive absenteeism”?

Although there is no magic number of absences that equate to excessive absenteeism, there are a number...

L. How must a timecard be coded when an employee uses paid sick leave and works overtime in the same week?

In all contracts bargained between employee organizations and the County of San Mateo in years 2005-2007,...

L.1 Coding the Timecard

AFSCME, Confidential, PDA, SEIU, SMCCE: Employees who use paid sick leave and work extra hours in the...

M. Can an employee use other accrued leave in lieu of sick leave to cover unplanned medical absences?

As stated in the MOUs, approval to use accrued vacation, holiday, and compensatory time hours is and...

Sample Counseling Memo for Tardiness

DATE: Today’s Date TO: Name, Office Assistant II FROM: Name, Supervisor SUBJECT: Tardiness EMPLOYEE NAME,...

Sample Leave Restriction Letter

– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE: Today’s Date TO: Employee, Classification FROM: Supervisor,...

Sample Letter of Reprimand – Absenteeism

– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – Date: To: Employee, Classification From: Supervisor, Title Subject:...

Sample Skelly Decision Letter – AWOL (Non-Punitive Discipline)

– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Employee Address Dear Ms. Employee: Please take notice...

Sample Skelly Intent Letter – Attendance (Non-Punitive Discipline)

– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Name Classification Department (Hand delivered) Dear Mr....

Scenarios and Recommended Action Steps

Scenario I – George is a Fiscal Office Assistant II who works from 8:00 5:00 with a one hour lunch....

Section 10: The Employee Assistance Program (EAP)

The Employee Assistance Program (EAP)

Claremont EAP is a confidential, short-term counseling service available to County employees and their...

A. How can an employee use the services of the EAP?

Employees may “self-refer” by calling Claremont EAP for assistance with a variety of issues including: Marital,...

B. What is the supervisor's responsibility in suggesting the EAP to an employee?

A vital part of the supervisor/manager’s responsibility is to correct performance or conduct that...

C. What about a supervisor/manager referral?

Job Performance Referral: This is recommended when the employee’s work-related conduct or performance...

D. Must an employee attend EAP if referred?

No. The decision to attend the EAP is entirely the employee’s. The fact that an employee has been...

E. How is an EAP referral made?

The following information from Claremont EAP describes the procedures used in accessing EAP services. Job...

Preparing for a Job Performance Referral Checklist

A Job Performance Referral is a referral initiated by a supervisor or a manager when work performance...

Section 11: Overview - Grievances and Appeals

Overview: Grievances and Appeals

Introduction Employees may disagree with actions taken or not taken by their supervisors/managers or...

Appeal/Grievance Matrix

ACTION APPEALABLE GRIEVABLE Ratings of Oral Board YES NO Classification of Position Results of Classification...

Section 12: The Grievance Process

The Grievance Process

A grievance can be loosely defined as any concern or complaint raised by an employee. In this context,...

A. What is the first step of the grievance process?

Step 1 involves the employee, with or without a union representative/steward, meeting with a management...

B. What is the second step of the grievance process?

In order to move a grievance to Step 2, an employee or union representative must write to Employee &...

C. What is the third step of the grievance process?

If the parties are unable to resolve the grievance after the Step 2 meeting, the union can advance the...

D. What is the fourth step of the grievance process?

The fourth and last step of the grievance process is arbitration. If the Adjustment Board is unable to...

Section 13. The Civil Service Appeal Process

The Civil Service Appeal Process

The Civil Service Commission is a board of five electors of the County appointed by the Board of Supervisors...

A. What issues may be appealed to the Commission?

Employees or applicants may appeal ratings of oral boards or appraisal of qualification boards that are...

Appeals of Disciplinary Actions

Reference Civil Service Rule XIV provides that employees may appeal dismissal, demotion, or suspension...

Appeals of Substandard Performance Evaluations

Reference Section 4 of Civil Service Rule XII provides that “Permanent employees may appeal to...

B. How does the Commission handle appeals?

Depending on the nature of the matter being appealed, the appeal may be heard by the entire Commission,...

C. What are the guidelines for preparing for and presenting cases before the Civil Service Commission?

These are general guidelines, which may vary from case to case. The method of presenting individual cases...

Section 14. Classified and Unclassified Employment

Classified and Unclassified Employment

Some of the most commonly asked questions concerning the differences and similarities between classified...

A. Why are positions unclassified?

Section 502.b of the County Charter provides that a variety of positions are unclassified to facilitate...

B. Who decides what positions are unclassified?

Section 502 of the County Charter designates all positions as classified unless they are specifically...

C. Measure D

In 2004, San Mateo County voters resoundingly approved Measure D by a 19-point margin. Measure D provides...

Classified and Unclassified Employees – Comparison of Terms and Conditions of Employment

CLASSIFIED UNCLASSIFIED Recruitment & Selection Covered by the provisions of the Civil Service...

D. Why are there classified and unclassified employees in the same jobs?

This occurs when some employees are performing ongoing work and other employees are hired to perform...

E. How are people hired into the unclassified service?

Departments may use hiring processes similar to those used for classified positions and may even make...

F. What happens if a position is changed from unclassified to classified?

Section 14 of Civil Service Commission Rule XI states that the County may appoint, without examination,...

G. What happens if a position is changed from classified to unclassified?

If a filled classified position is changed to unclassified, it is considered a layoff subject to the...

H. Can a person in an unclassified position take County examinations for classified positions? Can he/she take promotional examinations?

All persons in unclassified positions can compete for classified positions any time that an Open or Open...

I. If a person is in an unclassified position can he/she transfer to classified positions?

Persons in unclassified positions, who previously held a classified position and who did not have a break...

J. If a person in a classified position wants to take an unclassified position, what happens?

An employee who moves from classified to unclassified service must resign from the classified service....

K. Do health benefits for classified employees differ from those of unclassified employees?

There is no difference in health, dental, vision, or life insurance benefits based on classified or unclassified...

L. Do retirement benefits or obligations for classified employees differ from those of unclassified employees?

There is no difference in retirement benefits or obligations based on classified or unclassified sta...

Section 15. Seniority and Layoff

Seniority & Layoff

Some of the most commonly asked questions concerning the seniority and layoffs are listed below. This...

A. What is seniority?

Seniority is the number of hours you have worked for the County.

B. How is seniority calculated? What hours are included in seniority?

Seniority is all “regular” paid hours. This includes 001 time, paid sick leave, vacation, comp and holiday...

C. Does overtime count toward seniority?

No, overtime does not count as seniority hours.

D. Does FMLA time count towards seniority?

FMLA or, Family Medical Leave, is not a type of leave, but rather a protection Act. There is no time...

E. Does time on workers’ compensation count towards seniority?

Time in a regular paid status counts. As long as you are on a paid work related leave, the time does...

F. Does Extra Help time count? What if I “bought my extra help time?

Time spent as extra help does not count towards seniority. Purchasing extra help time counts for pension...

G. Does unclassified service count towards seniority?

Unclassified time does not count towards seniority.

H. What about an approved leave of absence?

As long as you are in a paid status, the time counts. Once you are in an unpaid status, the time you...

I. How does voluntary time off (VTO) affect seniority?

Voluntary time off reduces your pay rate, not the number of hours you are in a paid status. Therefore,...

J. Why do I have less seniority than someone who was hired after me?

Check in with Human Resources if this is the case. The most common reasons are that you had some unpaid...

K. What if I have the exact same seniority as another person – how is a tie broken?

Ties in seniority are resolved by the examination score for their present classifications, unless another...

L. I worked for the County for five years, then left to take another job for a couple years. I’ve been back for three years. How much seniority do I have?

You will need to talk to Human Resources for an exact determination, as most breaks in County service...

M. Does my probationary status affect my seniority?

If you are on probation, your prior classification seniority cannot be used in the new classification...

N. How are layoffs determined?

For classified employees, layoffs are conducted in accordance with the Civil Service Commission Rules....

O. How does unclassified service impact seniority?

Generally, time spent in an unclassified status does not count in computing seniority in the classified...

Process for Employees at Risk of Layoff

Post-Employment Rights Layoff (EE does not take a severance) Layoff (EE takes a severance) Voluntary...

Section 16. Work Schedules

Work Schedules

Rest Breaks It is clear that providing rest breaks is beneficial to both workers and the County. Full-time...

B. Alternative Work Schedules

The County supports alternative or non-traditional work schedules that provide flexibility to employees,...

C. What are the various work schedules?

Flexible Hours – This is a schedule where an employee works a five day per week schedule but does not...

D. What factors should be considered in deciding whether to offer alternative work schedules?

Listed below are some of the major factors to consider prior to implementing or approving any alternative...

E. Informal Flex Schedules

Informal flex schedule arrangements involve situations wherein an employee works more than their scheduled...

Sample 4/10 and/or 9/80 Work Schedule Agreement

Prior to implementing any alternate work schedules, please call Employee & Labor Relations to discuss...

Section 17. Leaves of Absence

Leaves of Absence (LOA)

The County’s Leave of Absence Request Form can be accessed online at: http://hr.smcgov.org/documents/leave-absence-form There...

A. If a Leave of Absence is approved, do I have to hold the employee’s position vacant?

The granting of a leave of absence also grants the employee the right to return to a position in the...

B. What is a Leave of Absence for Illness or Injury (Medical Leave)?

Leaves of absence for a non-job incurred illness or injury may be granted for a maximum of twenty-six...

C. What is Family and Medical Leave (FMLA)?

Every medical leave of absence must be evaluated to determine whether or not it meets the criteria for...

D. What conditions must be met for an employee to be eligible for FMLA/CFRA consideration?

In order for an employee to be eligible for FMLA/CFRA, the following conditions must be met: The employee...

D.01 What is a “Serious Health Condition”?

There are very specific circumstances under which an employee is entitled to FMLA/CFRA leave. Complex...

D.02 What should be included on the medical certification form from the doctor?

For an employee’s own illness: The date on which the serious health condition commenced; The probable...

D.03 What is “Reduced” or “Intermittent” FMLA/CFRA leave?

Depending on the specific medical condition, this leave may be taken in blocks of time or intermittently....

D.04 How do I know whether a request for time off should be considered FMLA?

An employee does not have to specifically request an “FMLA leave” and does not have to use the term “FMLA”...

D.05 How does designating a leave of absence as FMLA/CFRA benefit the employee?

The main benefit for regular County employees is that the County continues to pay its share of the health...

E. What is a Parental Leave of Absence?

Parental leave allows employees, regardless of gender, to take a period of time not to exceed thirteen...

F. What is a Personal Leave of Absence?

Employees can request a leave of absence for personal reasons for a period not to exceed thirteen bi-weekly...

G. Can different types of leaves of absence be combined?

A female employee giving birth to a child can request a medical leave of absence for the period she is...

H. How are leaves of absence approved and how are the forms processed?

The employee should submit a “Leave of Absence Request Form” to his/her supervisor, who will review the...

I. What process is used when an employee returns to work after a leave of absence?

When an employee is on a medical leave of absence, he or she must provide a statement from his/her medical...

I.01 Leave of Absence Instructions and Information

This Leave of Absence Request Form should be used to request time off from work in excess of two biweekly...

Types of Leave and How They May Interconnect

Leave of Absence for Illness or Injury (Medical Leave) Leaves of absence for medical reasons or on account...

Section 18. Labor Relations

Labor Relations

“Labor Relations” refers to interactions between an employer (management) and an employee...

A. What is the role of a union?

MMB provides employees the right to choose a union to represent them in matters of wages, hours and other...

B. What is the difference between a union business agent and a steward?

Unions generally have paid employees known as “business agents,” “field representatives,”...

C. What are a steward's rights regarding attendance at meetings?

Stewards are entitled to reasonable paid official time (also called “release time”) to represent...

D. When is an employee entitled to union representation at a meeting with his/her supervisor?

The “Weingarten” decision states that an employee is entitled to representation at any meeting where...

E. How do stewards request release time, and must it always be granted?

When a meeting is being held for which release time is provided, the union sends a written request to...

F. What is Agency Shop?

MMB allows unions to negotiate a provision which requires all employees in the representation unit who...

G. What is "prior notification," and why is it required?

By statute and contract, unions have the right to be notified about planned changes in the terms and...

H. What is “meet and confer?”

As part of the County’s relationship with the employee organizations, and as required by California law,...

H.01 “Meet and Confer” Flowchart

H.02 Meet and Confer: Who is covered?

All County Departments and Divisions are covered and these guidelines should be considered and used by...

H.03 Meet and Confer: What is the identifying trigger?

The need to provide employee organization(s) with advance notice and an opportunity to “meet and confer”...

H.04 Meet and Confer: What do we do if we decide to make a change?

After consulting with Employee & Labor Relations, notify the employee organization(s) of the change...

H.05 Meet and Confer: What do we do to prepare for the meeting?

It is important that you adequately prepare so that you present yourself at the meeting as being organized...

H.06 Meet and Confer: Who attends the meeting?

You can expect a union representative, the union steward and one or more affected employees to attend....

H.07 Meet and Confer: What do we do at the meeting?

Start the meeting by explaining the proposed change and the reasons for the change. You should use the...

H.08 Meet and Confer: What do we do after the meet and confer?

Meet with upper management and/or Human Resources to finalize the plan. Analyze proposed changes and...

I. What can I do to encourage successful labor relations?

Be alert to the usual causes of potential grievances, and correct minor irritations promptly. Be familiar...

Positions Represented By Unions

MOUs are found online at http://hr.smcgov.org/memorandum-understanding-mou American Federation of State,...

Sample Notice to Union(s)

[DATE] [UNION PERSON] [UNION NAME] [ADDRESS] Dear [UNION PERSON]: We have been experiencing problems...

Section 19. Reference Checks

Reference Checks

When considering someone for a position, you need to consider several factors and determine critical...

A. What guidelines should I follow?

We recommend that the following guidelines be followed in responding to employment questions: If you...

B. What other facts do I need to know?

California statute provides a qualified privilege for information given to potential employers or licensing...

C. What are the most common pitfalls?

The two primary pitfalls to avoid are (a) providing information to anyone not considered a “person with...