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Employee & Labor Relations

A Resource for County of San Mateo Employees, Supervisors, and Managers

EXHIBIT F: Side Letters and Memos

MOU, SEIU

SIDE LETTER AGREEMENT Between County of San Mateo and Service Employees International Union Local 521

Re: Appraiser Compensation for Hours Worked in Excess of 40 Hours in a Workweek

This Side Letter Agreement is entered into by and between the County of San Mateo (“County”) and the Service Employees International Union Local 521 (“Union”) (collectively referred to as the “parties”).

This letter is effective the first full pay period following approval of a 2018 successor Memorandum of Understanding (MOU) by the San Mateo County Board of Supervisors, and shall expire upon the implementation of potential changes to Work Group 2, subject to the opportunity to meet and confer as required by law.

By this side letter, the parties agree as follows:

1. During the term of the 2018 MOU between the parties, the County may propose changes to Work Group 2 provided in Section 7.3 of the MOU entitled “Work Groups.”

2. For the time period in which this side letter is in effect, for pre-approved hours worked in excess of forty (40) hours in a workweek, employees in the following classifications will have the option of receiving monetary payment at time and one-half the applicable rate of pay, or accruing compensatory time off up to the two hundred forty (240) hours of compensatory time off limit provided in Section 7.3 of the MOU:

 Appraiser II

 Auditor-Appraiser II

 Principal Appraiser

 Principal Auditor-Appraiser

 Senior Appraiser

 Senior Auditor-Appraiser

San Mateo County: SEIU Local 521:

/ /

(Signature / Printed Name) (Signature / Printed Name)

Dated: Dated:

SIDE LETTER AGREEMENT Between County of San Mateo and Service Employees International Union Local 521

Re: Anti-Bullying Policy

This Side Letter Agreement is entered into by and between the County of San Mateo (“County”) and the Service Employees International Union Local 521 (“Union”).

This letter is effective immediately and shall expire upon the County’s adoption of a County-wide Anti-Bullying Policy. By this side letter, the parties agree as follows:

The County proposes to adopt the following new County-wide policy. The County will present the proposed policy to all labor organizations and will offer the opportunity to meet and confer as provided by law through a joint process involving all participating labor organizations no later than thirty (30) days from ratification by the Board of Supervisors of this successor agreement. The parties furthermore agree to adopt a policy, upon agreement, no later than January 1, 2023. Until such time the County adopts a County-wide, Anti-Bullying policy, the following terms shall be in effect for regular employees represented by the Union:

Anti-Bullying Policy

The County of San Mateo considers workplace bullying unacceptable and will not tolerate it under any circumstances. It is the policy of the County that all employees should be able to work in an environment free of bullying.

It is the County’s expectation that all communication and interaction between County employees will, at all times be professional, courteous and respectful.

Workplace bullying is defined as behavior that harms, intimidates, offends, degrades or humiliates an employee, possibly in front of other employees, clients or members of the public.

Examples of bullying include, but are not limited to;

 Profane or disrespectful language

 Hostile and rude behavior and speech

 Derogatory remarks or comments about an employee’s appearance or job performance, angry outbursts or yelling

 Name calling

 Throwing anything at or toward an employee

 Retaliation against any person who has reported disruptive behavior

Managers and supervisors must take reasonable measures to prevent workplace bullying, and to respond promptly if it is identified to address and prevent future instances.

The County has processes and investigative procedures to deal with workplace bullying. Any reports of workplace bullying will be treated seriously and investigated promptly, confidentially (within limits) and impartially. All employees are encouraged to report workplace bullying. Retaliation against any employee who is a target of bullying behavior, as well as any employee who makes complaints about or participated in any investigation or administrative process related to a complaint of workplace bullying is prohibited.

Employees who feel they are being bullied should report any such activity to their supervisor immediately. If the employee is not comfortable reporting the activity to their supervisor, or the supervisor is the subject of the complaint, the employee should report the conduct to their manager.

If the issue is not resolved at this level, the employee may submit a written statement to the next level manager or to the EEO or Employee Relations Divisions of Human Resources who will oversee an investigation of the allegation. The written statement should include factual information of recent event(s) including name of employee raising the complaint, dates, times, witnesses (if any) location and the circumstances of the event. Human Resources may not be able to investigate allegations that are more than twelve (12) months old, or those which do not contain the name(s) of the reporting party, or sufficient specifics to be properly investigated. Human Resources may contact the reporting party for additional information if necessary and will work with departments to investigate and resolve complaints.

Disciplinary action, up to and including dismissal from County service, may be taken against anyone who bullies a co-employee or retaliates against an employee that has reported workplace bullying.

San Mateo County: SEIU Local 521:

/ /

(Signature / Printed Name) (Signature / Printed Name)

Dated: Dated:

/ /

(Signature / Printed Name) (Signature / Printed Name)

Dated: Dated:

Side Letter: Miesha Brown

Director, SEIU 521

Dear Ms. Brown,

This letter shall confirm certain understandings reached in negotiations for a Memorandum of Understanding covering the period of October 7, 2018 and ending October 2, 2021.

1. Job Search. It is the intent of the County to allow a reasonable amount of County time for job search for employees whose positions have been identified as at risk of elimination.

2. Automatic Deposit of Paychecks. The County agrees to provide Direct Deposit of paychecks to employees. The Union agrees to encourage the use of Direct Deposit. Direct deposit shall be mandatory for all employees hired after October 30, 1999.

3. Promotions. It is the County’s practice and policy to consider relevant experience, including relevant experience as a trainer or in work-out-of-classification assignments, in qualifying for promotions. The County agrees to meet with the Union to discuss any situations where it is alleged that such relevant experience has not been considered. Upon request from the employee, the County will to inform applicants of the reason for rejection of applications/qualifications, of the method of appeal, and of additional training or experience required to qualify. The County agrees to meet with the Union to discuss any situations where it is alleged that such information has not been provided.

4. Spanish Language Courses. The County agrees to make Spanish language courses available to employees at the East Palo Alto Public Health Clinic and elsewhere where bilingual staff are needed as determined by the County. Time for these classes shall be evenly split between on-the-clock time (Code 001) for which the employees shall be paid and off-the-clock time for which the employees shall not be paid.

5. The County agrees to discuss the Union’s concerns regarding adequate choice of physicians and chiropractic coverage. These discussions will be held as part of the Labor Management Health Care Cost Containment Committee. A labor management committee will meet periodically to explore means to improve Point of Service access.

6. Extra Help. The County agrees to meet with the Union when concerns about the use of Extra Help arise.

7. Correctional Health Shift Differential: Within sixty (60) days of the Board of Supervisors’ approval of a successor MOU, the County and the Union will meet to discuss the potential applicability of the Sheriff’s Department shift differential carve out in Section 8.2 of this MOU to employees in Correctional Health.

If the foregoing is in accordance with your understanding, please indicate your acceptance and approval in the space provided below.

Dated:

APPROVED AND ACCEPTED:

SEIU Local 521 County of San Mateo

By By

Telecommuting Program

The Telecommuting Program allows an employee to work at a site other than a County office. For instance, telecommuting employees may work out of their home or at another location near their residence.

In January 1992, the County and the Union agreed upon and implemented a prototype Telecommuting Program. The Union reserves the right to renegotiate the Telecommuting Policies and Procedures, as necessary, based on the results of the trial period, before further implementation of the Telecommuting Program. By the end of June, the Labor-Management Telecommuting Committee will recommend to the Board of Supervisors what policies and procedures should be adopted to continue this option to County employees.

An employee is eligible to participate in telecommuting by:

(1) Completing an application requesting consideration for telecommuting.

(2) Receiving management authorization to telecommute.

(3) Participating in a Supervisor-Telecommuter training session.

(4) Developing a written telecommuting contract with the supervisor that describes how telecommuting will be handled in accordance with County policy.

Telecommuting may be terminated at the request of either the employee or management. If an employee’s application is denied by their manager, or if the employee is removed from the Telecommuting Program by the manager, s/he will have the right to request a mediator to meet with them and the manager to attempt to develop a feasible telecommuting plan. The mediator shall be a member of the Telecommuting Committee.

Review Process

All applications, whether approved or denied, will be reviewed by the Human Resources Director and the County Manager. The Telecommuting Committee will review all approvals and denials.

For more detailed information on the Telecommuting Program, ask your manager for a copy of the Telecommuting Policies and Procedures

Side Letter

SEIU MOU - library side letterNovember 1, 2009

Nick Steinmeier

Internal Organizing Director

SEIU Local 521

Dear Mr. Steinmeier:

It is the County’s policy and goal that all workers shall be treated with respect and dignity. To that end, managers, supervisors, and line workers will each have an obligation of mutual respect.

This shall not prevent a manager or supervisor from providing training or correction to workers and shall not prevent a line worker from responding on their own behalf or offering their personal opinion on the subject under discussion. However, each is expected to do so in a civil manner and without name-calling or demeaning tone. Correction of work performance, when given by a supervisor, shall normally be done in private.

Sincerely,

Donna Vaillancourt

Human Resources Director

November 1, 2009

Nick Steinmeier

Internal Organizing Director

SEIU Local 521

Dear Mr. Steinmeier:

It has been the County’s policy to investigate allegations of harassment made by workers of this County against their supervisors. Admittedly, harassment is a very subjective matter, but the County has and will continue to investigate said allegations and attempt to resolve the problem in an expeditious manner. The County will also investigate and attempt to resolve in an expeditious manner problems that are brought to our attention concerning the narrative section of performance evaluation.

Sincerely,

Donna Vaillancourt

Human Resources Director

November 1, 2009

Nick Steinmeier

Internal Organizing Director

SEIU Local 521

Dear Mr. Steinmeier:

In previous negotiations with SEIU, the Union raised concerns about occupational health and safety.

Any concerns about the process for reporting and/or resolving occupational health and safety issues may be directed to the Central Safety Committee. The County is committed to developing systems and procedures for the resolution of such concerns.

Sincerely,

Donna Vaillancourt

Human Resources Director

November 1, 2009

Nick Steinmeier

Internal Organizing Director

SEIU Local 521

Dear Mr. Steinmeier:

“Rule of Seven” Explanation

The process of certifying names from eligible lists is governed by Section 4 of Civil Service Commission Rule IX.

 If a list other than a reemployment eligible list is to be used, the top seven available candidates on the eligible list are certified to the appointing authority.

 If any other candidates have the same score as the number seven candidate, they are also certified to the vacancy.

 If more than one vacancy is being filled, the base number of candidates to be certified is increased by one for each additional vacancy. For example, if there are not ties at number seven on the list and there are two vacancies, eight names are certified. If two individuals are tied at number seven and there are two vacancies, eight names are certified.

 Names are removed from the eligible list in accordance with the provisions of Section 4 of Rule VIII. When a name is removed from the list under this Section, the next highest scoring candidate is added to the list.

 If the list contains six or less names, the Appointing authority may select from that list, schedule another examination or use an alternate eligible list.

Sincerely,

Donna Vaillancourt

Human Resources Director

San Mateo County Civil Service Commission Rules

Rule IX: REQUISITION AND CERTIFICATION

SECTION 1. REQUISITION OR REQUEST FOR PERSONNEL: Whenever a vacancy in the classified service is to be filled, other than by transfer or demotion, the appointing authority will notify the Director as far in advance as possible and request certification on a form prescribed by the Director. In cases where selective certification based on bona fide occupational qualifications or on special skill requirements is desired the personnel requisition will include complete justification. Following receipt of a request for personnel the Director will determine which eligible list is to be used.

SECTION 2. PRIORITY OF ELIGIBLE LISTS: Eligible lists shall be certified to fill permanent vacancies in the following order:

A. Departmental Reemployment Eligible List

B. General Reemployment Eligible List

C. Promotional Eligible List (General and Departmental)

D. General Eligible List

E. Reinstatement Eligible List shall be certified in addition to C and D above and shall be considered for appointment at the discretion of the appointing authority.

SECTION 3. CERTIFICATION FROM REEMPLOYMENT ELIGIBLE LISTS: If a reemployment eligible list is used the Director will certify the name of the person who is the highest on the list and available for employment. This person shall be appointed if the position is to be filled. The Director may remove from a reemployment eligible list the name of any person who waives employment after certification.

SECTION 4. CERTIFICATION FROM OTHER ELIGIBLE LISTS:

A. If a list other than a reemployment eligible list is to be used the Director shall certify the top seven available candidates to the vacancy. If any other candidates have the same score as the number seven candidate then they shall also be certified to the vacancy.

B. If more than one vacancy occurs then the base number of candidates to be certified shall be increased by one for each additional vacancy in each case.

C. All names on the reinstatement eligible list may be certified in addition to the promotional or general eligible list.

D. A department may request that certifications to that department be restricted to candidates currently employed by that department.

SECTION 5. PROCEDURE WHEN ELIGIBLE LIST CONTAINS SIX OR LESS NAMES: When an eligible list, other than a reemployment eligible list, contains six or less names the Director shall certify the remaining name(s) to the appointing authority. If the latter does not wish to appoint the person(s) certified the Director may either schedule another examination or use an alternate eligible list. A person(s) whose name(s) appeared on the eligible list for the classification in which the vacancy exists shall be included in the certification, even though additional name(s) are certified from an alternate eligible list. In the case of a new examination, the current eligible list will be expired and the person(s) on that list will be notified of the new examination process.

SECTION 6. NOTIFICATION TO ELIGIBLES: The Director will notify applicants whose names have been certified regarding the person(s) in the departments to contact regarding pre-employment interviews.

SECTION 7. PROCEDURE WHEN NO ELIGIBLE LIST EXISTS: When no eligible list exists, a provisional appointment may be made in accordance with Rule XI Section 7.

SECTION 8. CERTIFICATION TO TEMPORARY AND EXTRA HELP POSITIONS:

A. The Director may refer qualified persons from whatever sources are deemed appropriate.

B. If the persons are referred and appointed from existing eligible lists to extra help entry or journey level positions, such extra help employees may be given a probationary appointment without further examination provided:

1) The person is appointed to the same classification as originally certified for the extra help appointment,

2) There has been no break in service of more than 30 days during the period of the extra help appointment, and

3) The eligible list that the extra help employee was appointed from has since expired.

San Mateo County Civil Service Commission Rules

Rule VIII: ELIGIBLE LISTS

SECTION 1. ORDER OF ELIGIBLES: Applicants for employment who qualify in an examination shall have their names placed on the appropriate eligible lists in the order of their final scores.

SECTION 2. EFFECTIVE DATE OF ELIGIBLE LISTS: Eligible lists shall be in effect from the date on which approved by the Director. Changes in rank, or addition or subtraction of names because of errors or re-ratings, shall not change the effective date of an eligible list.

SECTION 3. DURATION OF ELIGIBLE LISTS:

A. The duration of eligible lists shall be as follows:

1. Departmental promotional eligible lists are established for a period of one year.

2. General promotional eligible lists are established for a period of nine months.

3. Open eligible lists are established for a period of six months.

4. Reemployment eligible lists are established for a period of one year.

5. Reinstatement eligible lists are established for a period of one year.

B. When, in the opinion of the Director, an eligible list does not meet the needs of the County, the Director may order new examinations to provide candidates. All successful applicants shall have their names placed on eligible lists in the order of their final scores.

C. Eligible lists may be extended by the Civil Service Commission provided that the total duration of the list does not exceed two years. The Director may, if conditions require, extend an eligible list one time for a period of up to three months. (Amended 01/08/04)

SECTION 4. REMOVAL OF NAMES FROM ELIGIBLE LISTS:

A. The Director shall remove from eligible lists the names of all applicants that have remained thereon for the duration of the list.

B. If, at the time of termination, an employee’s name appears on a promotional eligible list their name shall be removed from the promotional list and placed on the open competitive eligible list for that classification, if any, in accordance with the final score.

C. The Director may remove the names of applicants from an eligible list when, in their opinion, the applicant no longer possesses the minimum qualifications of the classification.

D. The Director may remove from eligible lists the names of applicants who:

1. Decline three offers of appointment.

2. Request to have their names removed from an eligible list or state that they are not interested in employment in that classification.

3. Fail to respond to an invitation for pre-employment interview following certification from an eligible list.

4. Cannot be located by the U.S. Postal Service.

5. Are appointed to permanent positions in the classification for which their names were on eligible lists. This does not apply to eligibles who are appointed to temporary positions.

E. Where an applicant has been passed over three times for employment by the same appointing authority, the Director may remove the name of that applicant from that specific eligible list.

SECTION 5. ELIGIBLE LISTS/PERMANENT POSITIONS: Eligible lists for permanent positions shall consist of the following types:

A. Departmental Reemployment Eligible List: The departmental reemployment eligible list for each classification shall consist of the names of employees and former employees having probationary or permanent status, and who were laid off or whose positions were reallocated downward as a result of reclassification. The rank order on such lists shall be determined by relative seniority as specified in Rule XVI. Such lists shall take precedence over all other eligible lists in making certifications to the department in which the employee worked.

B. General Reemployment Eligible List: The general reemployment eligible list for each classification shall consist of the names of employees and former employees having probationary or permanent status and who were laid off or whose positions were reallocated downward as a result of reclassification. The rank order on such lists shall be determined by relative seniority. Such lists shall take precedence over all other eligible lists, except departmental reemployment eligible lists, in making certification on a County-wide basis.

C. Promotional Eligible Lists:

1. General Promotional Eligible Lists: The names of applicants successful in general promotional examinations shall be placed on general promotional eligible lists for the classifications examined.

2. Departmental Promotional Eligible Lists: The names of applicants successful in departmental promotional examinations shall be placed on departmental promotional eligible lists for the classifications examined.

3. These lists shall take precedence over General Eligible Lists.

D. General Eligible Lists: The names of applicants successful in open examinations, open and promotional examinations, as well as persons complying with the provisions of Section 8 of this rule, shall be placed on general eligible lists for the classification examined, and such lists shall be used after those lists described in paragraphs A, B, and C above, have been exhausted in making certifications on a County-wide basis.

E. Reinstatement Eligible Lists: A probationary or permanent employee who has resigned in good standing or accepted a voluntary demotion, may within two years following the effective date of resignation, request that the Director place their name on the reinstatement eligible list for any classification for which they are qualified. Additionally, employees who occupy positions which the department head has determined are at risk of being eliminated, may be placed on appropriate reinstatement lists prior to the anticipated date of layoff. This list may be considered by department heads in addition to either the promotional eligible or general eligible lists but cannot take precedence over the department reemployment or general reemployment eligible lists.

F. Court employees who were appointed to their positions in the Court as a result of a competitive examination process shall be eligible to be placed on reinstatement lists consistent with paragraph E above. Eligibility under this section shall expire on November 9, 2002.

G. Transfer of Eligibility: Upon approval of the Director, the names of individuals having permanent status in the classified service of a public agency operating a civil service or merit system may be placed on a reinstatement eligible list for the comparable entry or journey level class in the San Mateo County service. In each case, the following conditions must be met:

1. The classification in which employment is contemplated must possess the same or lesser minimum qualifications as the class in which the individual holds permanent status.

2. The individual must have been employed by the other public agency within one year prior to the date of their application to San Mateo County.

3. The individual must submit written information from the other public agency confirming the individual’s permanent status and containing the following statements:

a. The employment record of the individual has been entirely satisfactory.

b. The individual has not been separated for cause.

c. The individual was appointed to the class in which they hold permanent status from an eligible list resulting from a qualifying or competitive examination.

d. If not currently employed by the other agency, the individual is eligible for reinstatement in the class in which they hold permanent status.

The names of such individuals shall be placed on the reinstatement eligible list.

4. The Director may make a determination that a specific classification is “Hard to Fill”. If a classification other than an entry or journey level classification is so designated, then the above process may be used for that classification.

SECTION 6. ALTERNATE ELIGIBLE LISTS: Whenever there is no eligible list for a classification, or whenever it is in the best interest of the County, the Director may certify names to vacancies from the eligible lists for related classifications provided that the required qualifications of the related classifications are at least equivalent to those of the classification in which the vacancy exists. The names of the persons thus certified shall remain on the eligible lists on which their names were originally placed.

SECTION 7. CAREER OPPORTUNITIES PROGRAM: The Director shall establish procedures for a Career Opportunities Program that will encourage filling of positions with current County employees. This eligible list will be used as determined by that program.

SECTION 8. INACTIVE ELIGIBLE LIST AND REPLACEMENT OF NAMES ON ELIGIBLE LISTS:

A. A person whose name is on an eligible list may request in writing that their name be placed on the inactive eligible list, after which time the Director will not certify that name to vacancies. Such person may have their name replaced on the active eligible list by making request at any time before the list expires. The total period of time that such person’s name is on both the active and inactive eligible lists may not exceed the duration of that list.

B. In addition to placing the name of an employee laid off on the reemployment eligible list for the classification in which laid off, the Director may place such employee’s name on the promotional eligible list of any classification for which, in the Director’s opinion, the employee is qualified. Such person’s name shall be placed on the promotional eligible list above the names of persons who have not been laid off. If the names of two or more persons laid off are placed on the same promotional eligible list the names shall be ranked in order of a relative seniority according to Rule XVI.

SECTION 9. RESTORATION OF NAME OF REJECTED PROBATIONER TO ELIGIBLE LIST: The Director may, upon request by an employee rejected during the probationary period, restore that employee’s name to the eligible list for that classification. However, the employee’s name shall not be certified to the department from which rejected without approval of the department head. This request must be made, in writing, within 30 days from the date of rejection.

SECTION 10. RETURN TO ELIGIBLE LIST OF FORMER COUNTY EMPLOYEES SEPARATED BY DISABILITY RETIREMENTS: The Director may place the names of any County employees who have been disabled and are retired and are unable to perform their previous assignments on the reinstatement list of any classification for which those employees are qualified.

Letter: Employee Performance Evaluation

TO: All Management Employees

FROM: John L. Maltbie

SUBJECT: Employee Performance Evaluation

Evaluating worker performance is one of the most important responsibilities of a manager or supervisor. Evaluations provide a framework for setting and accomplishing organizational and individual goals and objectives. An effective evaluation process lets workers know what is expected of them, how they are performing, and how they can improve and/or take advantage of growth and career opportunities. This is particularly true when the worker is on probation, forming the basis for their future work habits and relationships. The following guidelines should be followed in the performance evaluation process:

1. Timeliness: Employee Performance Reports are to be completed annually on all permanent workers regardless of the length of service. For six month probationary workers, reports are to be completed prior to the end of the third and sixth months and for twelve month probationary periods, prior to the end of the third, sixth, and twelfth months.

It is particularly important that reports be done in a timely manner. Probationary workers must have a report completed at the end of their third month of service so that they have every opportunity to successfully complete their probationary period.

2. Feedback: Feedback on employee performance is a continual process throughout the year and needs to be given as recognition for achievements or when the worker is having difficulty meeting performance standards or objectives. The report form itself documents the ongoing feedback that the supervisor has discussed with the worker throughout the year, in addition to setting specific objectives the worker is expected to accomplish during the next review period. Although workers may disagree with some of the supervisor’s statements, there should be no surprises during the performance appraisals conference.

3. Worker Response: Workers should be given ten working days from the date the written report is discussed with the worker to comment and/or respond to the evaluation content and process.

4. Working Draft: Since the performance appraisal conference is a cooperative effort between supervisor and worker, the report form should initially be done as a draft. This provides an opportunity for the worker to assess their performance and draft performance objectives to be discussed at the conference.

5. Improvement Needed/Unsatisfactory Evaluations: If the overall work performance either needs improvement (below the standard level required for the position) or is unsatisfactory (inadequate and definitely inferior to the standards of performance required for the position), Employee Performance Reports must be completed monthly with clearly defined 30‑day performance objectives.

6. Involvement of Lead Workers: Lead Workers are to play only an advisory role in the evaluation process. Leads should not be asked to prepare draft or final evaluations.

Memo: Assignment to Work at an Alternative Location

SAN MATEO COUNTY

HUMAN RESOURCES DEPARTMENT

Inter-Departmental Correspondence

DATE: November 5, 2006

TO: All Managers

FROM: Casey Echarte, Employee Relations Manager

SUBJECT: Assignment to Work at an Alternative Location

In some circumstances, it may be appropriate during the course of an investigation and/or during the Skelly process for an employee accused of wrongdoing to be kept away from their regular work location.

Unless required by a governing agency, this should be the exception rather than the rule, and discussed with Employee Relations and/or County Counsel prior to implementation. In determining whether to leave the accused employee in their regular work area, assign them to work at home, or to assign them to another location/set of duties, the following issues will be discussed:

 Could the employee hinder the investigation by corrupting data or removing/destroying other evidence?

 Could the employee cause further harm if left in their current position? (e.g. A Social Worker accused of inappropriate behavior with a child)

 Is the employee a potential threat/danger to others?

 Are there other governing agency requirements? (e.g. State requirement to remove a health care employee accused of abuse)

If the department determines to assign the employee to an alternative location, a letter will be given to the employee, informing them of this arrangement, the duration of which will be kept to the shortest amount of time that circumstances warrant.

Memo: Rest Breaks

SAN MATEO COUNTY

EMPLOYEE AND PUBLIC SERVICES DEPARTMENT

Inter-Departmental Correspondence

DATE: March 22, 2022

TO: All Management and Supervisory Employees

FROM: Michelle Kuka, Deputy Director of Human Resources

SUBJECT: Employee Relations Bulletin 19 Rest Breaks

It is clear that providing rest breaks is beneficial to both employees and the County.

Full-time employees are allowed one fifteen-minute rest break prior to and after their mid‑shift meal break. Part-time employees are allowed one fifteen-minute rest break during any four hour work shift. For most employees, this equates to a lunch break and two rest breaks ‑ one in the morning and one in the afternoon. The fifteen-minute rest breaks are paid, the mid‑shift meal break is not.

Unusual circumstances may occasionally occur that do not allow employees to be released for rest breaks. Rest breaks cannot be accumulated or “banked” for the purpose of taking longer breaks or leaving work early. If rest breaks are not taken, they are lost. Meal breaks must be no less than 1/2 hour, and cannot be skipped to reduce the workday.

We are also often asked how long an employee may work without being required to take a meal break. Employees are required to take a meal break of no less than 30 minutes if they work more than five hours.

Side Letter Agreement: Telework

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Side Letter: Vacancies & Education Collaboration

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