Local 521, Service Employees International Union, hereinafter referred to as the “Union” or “SEIU 521”, is the recognized employee organization for the representation units listed below, certified pursuant to Resolution No. 38586, adopted by the Board of Supervisors on May 16, 1978.

(1) Accounting and Administrative Services Unit

(2) Appraisal Unit

(3) Office and Technical Services Unit

(4) Engineering Unit

(5) Library Unit

Effective the first full pay period following Board of Supervisors approval of this successor MOU, a salary differential of Seventy Dollars ($70.00) biweekly shall be paid to incumbents of positions requiring bilingual proficiency as designated by their respective Department Heads or their designee. Said differential shall be prorated for employees working less than full-time or who are in an unpaid leave of absence status for a portion of any given pay period.

An employee may submit a request for bilingual pay to their Department Head or designee. Upon receipt of an employee request for bilingual pay, the Department Head or designee shall approve or deny the request within thirty (30) calendar days. If the Department Head or designee does not respond within thirty (30) calendar days, the employee may submit the request to the Human Resources Director or designee, who will approve or deny the request within thirty (30) calendar days. Within one (1) week of approval, the County shall contact the bilingual examiner and offer the employee appointment dates and times for the bilingual examination.

Bilingual pay is effective the first pay period after Human Resources certifies the result of the bilingual exam. Human Resources may approve retroactivity for bilingual pay on a case-by-case basis.

Designation of positions for which bilingual proficiency is required is the sole prerogative of the Department and is based on operational and staffing needs of the Department. Human Resources will oversee the bilingual examination, certify exam results and determine effective date of bilingual pay of any individual submitted by the Department for testing. The Union shall be provided listings of employees receiving bilingual pay on a biweekly basis.

If an employee who has not been designated/approved for bilingual pay is required by the Department to perform bilingual services, the employee may report this issue to Employee Relations, who will investigate the matter within thirty (30) calendar days.

Individuals who promote or transfer to another position or Department will be reevaluated by the receiving Department to determine if bilingual pay should be continued. Should bilingual pay be continued, the Department must submit a request for continuation with the Human Resources Department.

If any employee’s request for bilingual pay consideration is denied by the Department, such denial shall be subject to appeal to the Human Resources Director whose decision shall be final.

The County and the Union agree to meet and confer, at the request of either party, to make appropriate changes to the above lists based upon the factors discussed in this section and/or to discuss other related issues such as employees required to use bilingual skills while performing job duties outside of their assigned classifications. At the request of the Union, the County will meet with the Union to discuss the need for additional bilingual positions.

11.1 Hiring and Selection

The County will continue to recruit and hire employees based on a specific need for bilingual skills. Within thirty (30) days of hire, the employee’s Department Head or designee shall submit a Bilingual Salary Differential Allowance form to the Bilingual Pay Coordinator. If the Department Head or designee does not submit the form within thirty (30) calendar days, the employee may submit a request to the Human Resources Director or designee, who will submit a Bilingual Salary Differential Allowance form to the Bilingual Pay Coordinator within thirty (30) calendar days. Within one (1) week of approval, the County shall contact the bilingual examiner and offer the employee appointment dates and times for the bilingual examination.

11.2 Testing

All employees hired to fill positions requiring bilingual skills will be tested for bilingual proficiency. Present employees may be certified by the appointing authority as possessing sufficient bilingual skills to be appointed to a bilingual pay position; provided, however, nothing herein precludes the County from requiring that said employees be tested. Requests by employees to be tested for bilingual skill proficiency will be referred to the Human Resources Director or his/her designee whose decision shall be final.

11.3 Continued Use of Bilingual Language Skill

Employees hired to fill positions requiring bilingual skills may be required to remain in bilingual pay positions. Employees who were selected to fill positions requiring bilingual skills during the implementation of the bilingual program will be allowed to voluntarily leave such positions provided management can reasonably replace said employees and there are sufficient positions within the classification that said employee can fill. Nothing herein precludes any of the above- specified employees from promoting to higher classifications.

11.4 Transfers

Transfers of employees occupying bilingual pay positions shall be in accordance with County policy and practice and shall not be in violation of the MOU. It is recognized that utilization of a bilingual skill may be the sole reason for transfer in order to meet a specific County need.

11.5 Review

The number and location of bilingual pay positions shall be periodically reviewed by management. If the number of filled positions in a specific division or geographical location are to be reduced, employees will be given reasonable notice prior to loss of the bilingual pay differential.

11.6 Administration

Administration of the bilingual pay plan will be the overall responsibility of Human Resources. Any disputes concerning the interpretation or application of the bilingual pay plan shall be referred to the Human Resources Director whose decision shall be final.

Except where indicated below, the County does not reimburse employees for home to work and work to home travel. Any disputes concerning the interpretation or application of the mileage reimbursement policy shall be referred to the Human Resources Director whose decision shall be final. After notification is received from the IRS indicating a change in its allowable mileage rate, the County will change its rate to coincide with the rate set by the IRS, as soon as possible.

Definition of Regular Work Location: The County facility(ies) or designated area(s) within the County where an employee reports when commencing their regularly assigned functions.

Any County facility(ies) or designated area(s) to which an employee is assigned for a period in excess of thirty (30) consecutive work days shall ordinarily be considered a regular work location and, as such, not subject to employee mileage reimbursement. Temporary assignments that extend beyond thirty (30) days may be considered for a mileage reimbursement eligibility extension not to exceed a total of twenty (20) additional work days. All approval authority for extensions rests with the Human Resources Director whose decision shall be final.

An employee is entitled to mileage reimbursement under the following conditions:

(1) Once an employee arrives at their regular work location, any subsequent work-related travel in the employee’s own vehicle shall be eligible for mileage reimbursement.

(2) Travel to Trainings and Conferences

a. If an employee uses their own vehicle for travel to and from any required training program or conference, the employee shall be entitled to mileage reimbursement for all miles traveled unless the employee is leaving directly from their residence, in which case the total shall be less the normal mileage to or from the employee’s regular work location.

b. If an employee uses their own vehicle for travel to and from any optional work-related training program or conference the employee may, with department head pre-approval, be eligible for mileage reimbursement up to the limits specified in paragraph “a” above.

(3) An employee who is required to travel from their residence to a location other than their regular work location shall be entitled to mileage reimbursement for all miles traveled less the normal mileage to or from their regular work location.

Example: An employee lives in Burlingame and regularly works in San Mateo – distance home to work is 8 miles. Due to an early meeting the employee must travel from home to Redwood City (21 miles). The employee is entitled to 13 miles of reimbursement. This figure is arrived at by subtracting 8 miles (normal mileage from home to work) from 21 miles (home to Redwood City).

(4) An employee who is required to engage in any work-related travel at the conclusion of which the employee’s workday will be completed shall be entitled to mileage reimbursement for all miles traveled less the normal mileage from the regular work location to their residence.

Example: An employee lives in Palo Alto and regularly works in Redwood City – distance home to work is 13 miles. The employee has a meeting at Hayward (31 miles) which ends at 5:00 p.m. and therefore, the employee will go directly home (31 miles). The employee is entitled to 18 miles of reimbursement. This figure is arrived at by subtracting 13 miles (normal mileage from home to work) from 31 miles (distance from Hayward to home).

Exceptions to the above policy may be considered on a case-by-case basis by the Human Resources Director, whose decision shall be final.

The County may reimburse employees for tuition and related fees paid for courses of study taken in off-duty status if the subject matter is closely related to the employee’s present or probable future work assignments. Limits to the amount of reimbursable expense may be set by the Human Resources Director with the County Manager’s concurrence. There must be a reasonable expectation that the employee’s work performance or value to the County will be enhanced as a result of the course of study. Courses taken as part of a program of study for a college undergraduate or graduate degree, or for courses taken as part of a program of study for a trades certificate at a bona fide institution of learning as required by the Fair Labor Standards Act, will be evaluated individually for job relatedness under the above criteria. The employee must both begin and successfully complete the course while employed by the County.

The employee must apply on the prescribed form to their department head giving all information needed for an evaluation of the request. The department head shall recommend approval or disapproval and forward the request to the Human Resources Director whose decision shall be final. In order to be reimbursed the employee’s application must have been approved before enrolling in the course. If a course is approved and later found to be unavailable a substitute course may be approved after enrollment. Upon completion of the course the employee must submit to Human Resources a request for reimbursement accompanied by a copy of the school grade report or a certificate of completion. Human Resources shall, if it approves the request, forward it to the Controller for payment. Reimbursement may include the costs of tuition and related fees. The County will reimburse up to $50.00 per course for books and other required course materials (excluding laptops and other electronic devices) under conditions specified in the Tuition Reimbursement program. Reimbursement for books will only be made for community college, undergraduate level or graduate level courses.

A probationary or permanent employee who has resigned in good standing or accepted a voluntary demotion may, within 2 years following the effective date of the resignation or voluntary demotion, request that the Human Resources 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 lists but cannot take precedence over the department reemployment or general reemployment eligible lists.

15.1 Definition of Layoff

The County may lay off employees because of lack of work, lack of funds, reorganization, or otherwise when in the best interests of the County.

15.2 Notice of Layoff

The department head will give at least thirty (30) days advance written notice to the employees to be laid off except in an emergency situation in which case the Human Resources Director may authorize a shorter period of time. The County recognizes the impact of layoffs and will strive to give the impacted employees as much notice as possible.

The department head, or designee, will notice the impacted employees and the Union with an offer to meet with the Union. The meeting with the Union will occur as soon as possible.

15.3 Precedence by Employment Status

No permanent employee shall be laid off while employees working in extra-help, temporary, provisional, or probationary status are retained in the same classification unless that employee has been offered the extra-help, temporary, or provisional appointment. The order of layoff among employees not having permanent status shall be according to the following categories:

(1) Extra-Help or Seasonal

(2) Temporary

(3) Provisional

(4) Probationary – among probationary employees in a classification, order of layoff shall be by reverse order of seniority as determined by total continuous County civil service, not continuous time in that probationary period. Employees in flexibly-staffed positions serving a second probationary period (at a higher level classification in the series) shall not be considered probationary for layoff purposes.

Seniority

Layoffs shall be by job class, by department according to reverse order of seniority as determined by total continuous County civil service, except as specified above.

The following provisions shall apply in computing total continuous service:

(1) The following shall count as County service:

a. Time spent on military leave

b. Leave to accept temporary employment of less than one (1) year outside the County government, and

c. Leave to accept a position in the unclassified service.

(2) Periods of time during which an employee is required to be absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Employees’ Compensation benefits shall be included in computing length of service for the purpose of determining that employee’s seniority rights.

(3) Time worked in an extra-help status shall not count as County service.

(4) Time worked in a permanent, probationary, provisional, or temporary status shall count as County service. Part-time status shall count at the rate of one year of continuous employment for each 2080 straight-time hours worked.

(5) If two (2) or more employees have the same seniority, the examination scores for their present classification shall determine seniority.

15.4 Identification of Positions for Layoff

(1) The classifications in a flexibly staffed series are treated as one classification for purposes of layoff.

(2) When a classification has formal numbered options, each of which specifies separate hiring criteria, each option shall be treated as a separate classification for layoff purposes.

15.5 Procedures

(1) A displaced employee will be afforded the opportunity to meet with a Human Resources representative, and a steward and/or SEIU 521 representative, to review their options under the established layoff procedures and receive additional support needed to navigate through the layoff procedures.

(2) A displaced employee will be transferred to any vacancy with equivalent FTE status in their classification in their home department.

(3) If no vacancy with equivalent FTE status exists in the employee’s classification in the home department, an employee shall have the right to interview for any other vacancies, County-wide, in their classification, or other classifications for which they have bumping rights. Employees who choose this option shall have a list of all such vacancies provided by the County. The County will arrange for interviews for vacancies in which the employee is interested.

(4) Employees who are notified they will be laid off shall have the choice to:

a. Take a voluntary demotion within the same department to any classification, at the employee’s discretion, in which the employee had prior probationary or permanent status provided such a position is held by an employee with less seniority.

b. On a departmental basis, displace the employee in the same classification having the least seniority in County service.

(5) Displaced employees may request the Human Resources Director to place their name on the promotional eligible list or open eligible list for any classification for which they are deemed qualified by the Human Resources Director or designee. The employee’s name will be above the names of persons who have not been displaced, ranked in the order specified in subsection 15.3.

(6) Pursuant to Rule XI, Sections 11 and 12 of the Civil Service Rules as revised, an employee may, with the approval of the Human Resources Director and the department head, demote or transfer to a vacant position for which they possess the necessary skills and fitness.

(7) A transfer, for layoff purposes, is defined as a change from one position to another in the same class or in another class, the salary range of which is not more than 10% higher.

(8) Part-time employees shall not displace full-time employees, unless the part-time employee has held full-time status in the class.

(9) In addition to all other options, employees in classifications at risk of being eliminated, as determined by the affected department head, may also be placed on the reinstatement list.

15.6 Names of Employees Laid Off to be Placed on Reemployment and General Eligible Lists

The names of employees laid off shall be placed on reemployment eligible lists as hereinafter specified. Former employees appointed from a reemployment eligible list shall be restored all rights accrued prior to being laid off, such as sick leave, vacation credits, and credit for years of service. However, such reemployed employees shall not be eligible for benefits for which they received compensation at the time of or subsequent to the date they were laid off.

The departmental reemployment eligible list for each class shall consist of the names of employees and former employees with probationary or permanent status 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 Section 15.3. Such lists shall take precedence over all other eligible lists in making certifications to the department in which the employee worked.

The general reemployment eligible list for each class shall consist of the names of employees and former employees with probationary or permanent status 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 certifications on a County-wide basis.

The provisions of this subsection 15.6 shall not apply to employees who have accepted severance pay upon termination of employment.

15.7 Abolition of Position

The provisions of this Section 15 shall apply when an occupied position is abolished.

16.1 Application

If an employee’s position is abolished and they are unable to displace another County employee as provided in Section 15, they shall receive severance pay of one week of pay for each full year (2080 hours) of regular service to the County, and, fifty percent (50%) of the cash value of the employee’s unused sick leave; provided, however that such employee shall be eligible for severance pay only if they remain in the service of the County until their services are no longer required by the department head. The County shall make every effort to secure comparable employment for the displaced employee in other departments. If such employment is secured, the employee will not be entitled to the aforementioned severance pay.

Severance pay as described in Section 16.1 shall not be denied because an employee refuses to take a position requiring twenty-nine (29) hours or less work per week.

16.2 Health Benefits Following Layoff

The County will pay the County share of the premium for nine (9) months of medical coverage only for employees who are laid off. This coverage is contingent on the following conditions;

(1) The employee has not refused a County job offer.

(2) The employee is unemployed.

(3) The employee continues to pay their share of the premium.

(4) The coverage is for health insurance only, and does not cover dental or vision insurance; and

(5) Such coverage runs concurrently with COBRA and CalCOBRA.

16.3 Educational Stipend

If an employee is laid off and not reemployed by the County through a transfer, demotion, or displacement of another employee, the County will pay up to four thousand dollars ($4,000) for tuition or fees in payment for accredited courses or training taken within twelve (12) months of layoff, and taken for the purpose of finding new employment. The administration of this new benefit will be determined by mutual agreement between the County and the Union.

17.1 Eligibility

Regular full-time employees in established positions shall be entitled to take all authorized holidays at full pay, not to exceed 8 hours for any one day, provided they are in a full pay status on both their regularly scheduled workdays immediately preceding and following the holiday. Part-time employees shall be entitled to holiday pay, not to exceed 8 hours for any one day, in proportion to the average percentage of hours worked during the two pay periods without holidays immediately preceding the pay period which includes the holiday.

17.2 Holidays

The holidays for the County are:

(1) January 1 (New Year’s Day)

(2) Third Monday in January (Martin Luther King, Jr’s Birthday)

(3) February 12* (Lincoln’s Birthday)*

(4) Third Monday in February (Washington’s Birthday)

(5) Last Monday in May (Memorial Day)

(6) June 19 (Juneteenth)

(7) July 4 (Independence Day)

(8) First Monday in September (Labor Day)

(9) Second Monday in October (Indigenous Peoples’ Day)

(10) November 11 (Veterans Day)

(11) Fourth Thursday in November (Thanksgiving Day)

(12) Friday following Thanksgiving Day

(13) December 25 (Christmas)

(14) Every day appointed by the President of the United States or the Governor of the State of California to be a day of public mourning, thanksgiving, or holiday. The granting of such holidays shall be discretionary with the Board of Supervisors.

*Effective February 2001, the Lincoln’s Birthday holiday was eliminated and replaced with a floating holiday (8 hours of holiday time) which will accrue on February 12. The floating holiday may be used starting in the first pay period that begins after February 12^th, except as provided in Section 17.5. This provision shall not apply to employees of the Office of the District Attorney who shall continue to observe Lincoln’s Birthday as a holiday.

If the legislature or the Governor appoints a date different from the one shown above for the observance of one of these holidays, then San Mateo County shall observe the holiday on the date appointed by the Legislature or the Governor.

Court Holidays

Employees of the Office of the District Attorney will observe all Saturday holidays on the Friday preceding said holiday instead of being credited with a floating holiday.

Winter Recess Days

(1) Effective in December 2022 and December 2023, the County shall provide three (3) paid winter recess holidays (the equivalent of twenty-four (24) hours for a full-time employee) per year.

(2) For a three (3) day period designated by the County between December 26th and December 31st of 2022 and 2023, the County agrees to hold a Winter Recess. During the Winter Recess, County departments and divisions employing members of this SEIU collective bargaining unit may move to minimum staffing levels and/or close business, depending on the needs of the department and the public served. Which departments and divisions will close or go to minimum staffing and which bargaining unit members will be required to work is entirely within the discretion of the Appointing Authority or their designee. The determination for closure shall be made by the Department Head and subject to County Manager and Board of Supervisors’ approval.

(3) During the Winter Recess, regular full-time employees in established positions shall be entitled to eight (8) hours of full pay for each day of the three-day Winter Recess, provided they are in a full pay status on both their regularly scheduled workdays immediately preceding and following the holiday. Part-time employees shall be entitled to holiday pay, not to exceed eight (8) hours for any one (1) day, in proportion to the average percentage of hours worked during the two (2) pay periods without holidays immediately preceding the pay period which includes the holiday.

(4) If any of the Winter Recess days falls on a day the employee is not regularly scheduled to work, or if an employee is required to work on a Winter Recess day, the employee shall be entitled to equivalent straight time off with pay. “Winter Recess” exchange days shall be scheduled in the same manner as vacation, unless the department’s policy is to schedule vacation per a vacation sign up list, in which case these days shall be scheduled in the same manner as a Floating Holiday This equivalent time off is limited to twenty-four (24) hours. No employee will be allowed to have an accumulation of more than forty-eight (48) hours of Winter Recess time to their credit at any one time. If an employee leaves County service with accrued Winter Recess hours, those hours will be cashed out with terminal pay. Employees working on a Winter Recess day shall be compensated in accordance with the provisions of this MOU.

(5) Winter Recess hours will not be included as hours worked for the purpose of calculating overtime.

17.3 Holiday Falling on a Sunday

If one of the holidays listed above falls on Sunday, the holiday will be observed on a Monday. In County facilities where there is 24-hour per day coverage, employees in those facilities working such coverage shall observe holidays on the actual day of the holiday. Such employees assigned to work on a holiday will be compensated in accordance with Section 17.5.

17.4 Holiday Falling on Employee’s Regular Day Off

If any of the holidays listed above falls on a day other than Sunday and the employee is not regularly scheduled to work that day, or if an employee is required to work on a holiday, they shall be entitled to equivalent straight time off with pay. This equivalent time off is limited to one hundred twenty (120) hours with any time earned in excess of one hundred twenty (120) hours cashed out at the equivalent straight time rate. If an employee leaves County service with accrued holiday hours, those hours will be cashed out.

17.5 Hours Worked on a Holiday

Employees working on a holiday shall be compensated for such time worked at the rate of one and one-half (1 1/2) times the straight-time rate. This compensation may, at the employee’s option, be in the form of overtime pay or compensatory time off, but not a combination of the two.

In accordance with the leave approval provisions of Section 19.2, employees may use floating holiday time earned for Saturday holidays on the Friday immediately preceding the holiday. This is not intended to mean that management approval is not required for use of this time, but is intended to allow employees to use the floating holiday on the day before it is actually earned.

The County does not intend to prohibit employees from being absent from work on election days if employees can charge such time off to a floating holiday, accumulated vacation, or compensatory time. Every effort will be made to grant their requests unless the absences would be likely to create serious problems in rendering proper services to the public.

19.1 Vacation Allowance

Employees, excluding extra-help or as herein otherwise provided, shall be entitled to vacation with pay in accordance with the following schedule. Part-time employees except extra-help shall be entitled to vacation accruals on a pro‑rated basis.

Effective the first full pay period following Board approval of a successor MOU, vacation accrual shall be as follows:

(1) During the first 5 years of continuous service, vacation will be accrued at the rate of 4.0 hours per biweekly pay period worked.

(2) After the completion of 5 years of continuous service, vacation will be accrued at the rate of 5 hours per biweekly pay period worked.

(3) After the completion of 10 years of continuous service, vacation will be accrued at the rate of 6 hours per biweekly pay period worked.

(4) After the completion of 15 years of continuous service, vacation will be accrued at the rate of 7 hours per biweekly pay period worked.

(5) After the completion of 20 years of continuous service, vacation will be accrued at the rate of 8 hours per biweekly pay period worked.

(6) After completion of 25 years of continuous service, vacation will be accrued at the rate of 9 hours per biweekly pay period worked.

(7) No employee will be allowed to have an accumulation of more than fifty-two (52) biweekly pay periods vacation accrual to their credit at any one time. However, employees may accrue unlimited vacation time in excess of the maximum allowance when such vacation accrues because of remaining in a pay status during periods of illness or injury which precluded liquidating vacation credits earned in excess of the maximum allowed.

(8) No vacation will be permitted prior to completion of thirteen (13) biweekly pay periods of service.

(9) Vacation may be used in increments of six (6) minutes.

(10) Extra-Help do not accrue vacation credits, except that prior extra-help service shall be included with service in a regular established position in computing vacation allowance for the purpose of this Section. Such service as extra-help may not be included if it preceded a period of over twenty-eight (28) consecutive calendar days during which the employee was not in a pay status, except if approved by the Human Resources Director.

19.2 Vacation Schedule

The time at which employees shall be granted vacation shall be at the discretion of the appointing authority. Length of service and seniority shall be given consideration in scheduling vacations and in giving preference as to vacation time. The Employee Relations Division agrees to investigate and, if appropriate, to ensure that an employee be allowed to take vacation time off when the employee is at the maximum vacation accrual amount. The decision of the Employee Relations Manager shall be final.

19.3 Vacation Allowance for Separated Employees

When an employee is separated from County service their remaining vacation allowance shall be added to their final compensation.

The Union agrees that it has the duty to provide fair and non-discriminatory representation to all employees in all classes covered by this MOU regardless of whether they are members of the Union.

2.1 Reinstatement

Employees that are separated from the representation unit shall be reinstated upon the employee’s return to the representation unit. For purpose of this Section, the term separation includes transfer out of the representation unit, layoff, FMLA leave, workers comp absence and any leave of absence with or without pay.

2.2 Payroll Deduction

The County shall deduct Union membership dues and any other mutually agreed upon payroll deduction including voluntary COPE checkoff, from employees’ paychecks under procedures outlined in this section, as prescribed by the County Controller. The deduction shall be made only after the Union certifies to the County a list of employees who have authorized such deductions.

Where the County receives employee requests to cancel, revoke or change deductions, the County will direct employees to the Union. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such employees are assigned and for the COPE Fund. All employees in the unit who have authorized Union dues, shall have such deduction continued and shall be made only upon signed authorization from an employee and only after the Union certifies to the County a list of employees who have authorized such deduction(s).

2.3 County Obligations

(1) All dues and COPE deductions shall be transmitted to Local 521 in an expeditious manner.

(2) All transmittal checks shall be accompanied by documentation which denotes the employee’s name, employee’s number, amount of deduction (including COPE) and member status.

(3) Forfeiture of Deduction: If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the deduction of Union dues required by this Section, no such deduction shall be made for the current pay period.

2.4 Hold Harmless

The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this union security Section, or action taken or not taken by the County under this Section. This includes, but is not limited to, the County’s attorney’s fees and costs.

2.5 Communications with Employees

The Union shall be allowed by departments in which it represents employees the use of a designated bulletin board visible and accessible to employees for communications having to do with official organization business. The department involved and/or Employee Relations will investigate problems that the Union identifies with respect to the use of bulletin boards.

The Union may distribute materials to unit employees through County mail and email distribution channels as long as they remain in compliance with County policies. This privilege may be revoked in the event of abuse after Employee Relations consults with representatives of the Union. The content of any materials distributed to employees shall not relate to political activity or violate existing County policies.

Employees shall not prepare Union-related emails during County work time without first obtaining approved release time.

Any representative of the Union shall give notice to Employee Relations at least twenty-four (24) hours in advance when contacting employees during their duty period, provided that solicitation for membership or other internal union business shall be conducted only during the non-duty hours of all employees concerned. Pre-arrangement for routine contact may be made by agreement between the Union and the department head and when made shall continue until revoked.

2.6 Use of County Buildings

County buildings and other facilities may be made available for use by County employees or the Union or its representatives in accordance with such administrative procedures as may be established by the County Manager or department heads.

2.7 Advance Notice

Except in cases of emergency as provided below in this subsection the Union, if affected, shall be given reasonable advance written notice of any ordinance, resolution, policy, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the County and shall be given the opportunity to meet with appropriate management representatives prior to adoption.

In cases of emergency when the foregoing procedure is not practical or in the best public interest, the County may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter the Union shall be provided with the notice described in the preceding paragraph and be given an opportunity to meet with the appropriate management representatives.

2.8 Employee Roster

The County shall supply without cost to the Union a bi-weekly electronic and sortable data processing run of the names, classifications, work locations, work, home, and personal cellular telephone numbers on file with the County, personal email addresses on file with the County, and home addresses on file with the County of all employees in the units represented by the Union. Such lists shall indicate hourly rates of pay, hours worked, gross pay, Union dues withheld from employees’ checks as of the date the roster was prepared, membership status, the names added to or deleted from the previous list, and whether each such change in status was due to any type of leave of absence, termination, layoff, reemployment after layoff, retirement, or withdrawal from the Union. The County shall notify the Union of employees who are on an unpaid status in excess of twenty-eight (28) days.

2.9 Third Party Notification

The County acknowledges the Union’s standing information request for notification in the event the County receives a Public Records Act request for bargaining unit contact information. The County will notify the Union of any such requests that are submitted to Human Resources.

2.10 New Employee Orientation  

The County and the Union shall continue to work on best practices during the term of the agreement, to ensure labor access to new employees’ on-boarding and/or orientation for the purpose of educating them on their representation opportunities at the time of hire.

The County shall alternate in-person and remote New Hire Benefits Orientations and/or on boarding for new employees. All new employees are encouraged to attend within thirty (30) days of hire commencing employment. New employee Benefits Orientation is scheduled for every other week, and the Union will have up to thirty (30) minutes at the end of each session to provide information regarding its organization to its represented employees and members. One (1) member designated by the Union will be granted release time for this purpose, unless otherwise agreed to with Employee Relations. A non-employee Union Representative may also attend.

If the orientation is held online, the members designated by the Union may reserve available, private meeting space, provided it does not interfere with County business operations. If new employee orientation is held online, release time shall include set up time to attend the orientation.

The County shall provide the Union at least ten (10) days advance notice of a scheduled orientation. The Union will be copied on the New Employee Orientation invitation sent to SEIU-represented workers, which includes the names and email addresses of SEIU represented employees who will be attending the orientation.

For employees who do not attend an orientation within the first month of their employment, the Union can schedule up to thirty (30) minutes with each employee to meet directly with them to provide information. Such meeting may occur no later than ninety (90) days of hire. Release Time requested for this activity will be reviewed and approved by Employee Relations and the employee’s supervisor under normal Release Time processes.

If a new employee delivers a membership card to a Payroll Coordinator, the Payroll Coordinator will scan and email the form to the Union, followed by an original by mail. The County shall include the SEIU 521 designated membership card in the benefit enrollment packet/folder for all new employees.

The Union shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of the temporary acceptance and delivery of membership cards.

20.1 Accrual

All employees, except extra-help, shall accrue sick leave at the rate of 3.7 hours for each biweekly pay period of full-time work. Such accrual shall be prorated for any employee, except extra-help, who work less than full time during a pay period. For the purpose of this Section absence in a pay status shall be considered work.

20.2 Usage

Sick leave is accrued paid leave from work that can be used for any of the following purposes:

(1) Diagnosis, care, or treatment of the employee’s illness, injury, health condition, or exposure to contagious disease which incapacitates them from performance of duties. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom as determined by a licensed health care professional.

(2) The employee’s receipt of preventative care or required medical or dental care or consultation.

(3) The employee’s attendance, for the purpose of diagnosis, care, or treatment of an existing health condition of, or preventative care, on a member of the immediate family who is ill. For the purpose of this Section 20.2, immediate family means parent, step-parent, spouse, domestic partner, child, person for whom the employee is a legal guardian, sibling, step children, mother-in-law, father-in-law, grandparents or grandchildren.

(4) The employee’s preparation for or attendance at the funeral of a member of the immediate family.

For the purpose of preparation for or attendance at a funeral, immediate family includes parent, step-parent, step-parent in-law, spouse, domestic partner, child (including through miscarriage or stillbirth), person for whom the employee is a legal guardian, sibling, sibling-in-law, stepchildren, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, grandparents-in-law and grandchildren. Use of sick leave for this expanded definition is limited to a maximum of five (5) days if travel is required.

(5) The employee’s attendance to an adoptive child or to a child born to the employee or the employee’s spouse or registered domestic partner for up to six (6) weeks immediately after the birth or arrival of the child in the home.

Sick leave used concurrently with California Family Rights Act (CFRA) leave for the purpose of bonding following the birth, adoption or foster care placement of a child of the employee must be concluded within one (1) year of the birth or placement of the child. The basic minimum duration of such leave is two (2) weeks. However, an employee is entitled to leave for one of these purposes (e.g. bonding with a newborn) for less than two (2) weeks duration on any two (2) occasions.

(6) An employee who is a victim of domestic violence, sexual assault, or stalking may use up to one half (1/2) of their annual sick leave allotment to:

a. obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; or

b. Obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.

20.3 Procedures for Requesting and Approving Sick Leave

When the requirement for sick leave is known to the employee in advance of their absence, the employee shall request authorization for sick leave at such time, in the manner hereinafter specified. In all other instances the employee shall notify their supervisor as promptly as possible by telephone or other means.

Before an employee may be paid for the use of accrued sick leave they shall complete and submit to their department head a request, stating the dates and hours of absence, and such other information as is necessary for the request to be evaluated. If an employee does not return to work prior to the payroll preparation, other arrangements may be made with the department head and Controller’s approval. The sick leave request shall be treated confidentially.

The department head may require a physician’s statement from an employee who applies for sick leave or make whatever investigation into the circumstances that appears warranted before taking action on the request. Employees who are absent from work because of illness or injury shall not be disciplined because they are unable to provide a physician’s certificate when said document has not been requested prior to the employee’s return to work.

An employee who has exhausted their accrued sick leave balance may use other accrued leaves (vacation, comp time, holiday credits), in lieu of sick leave which meets the criteria specified in Section 20.2, unless such employee has been documented by management for attendance problems within the last 4 months, in which case such other leaves may only be used for pre‑scheduled and pre‑approved medical and dental appointments. The use of such leave in lieu of sick leave is subject to all other provisions of Section 20.

See Section 37 regarding workers with an excessive number of unplanned absences.

20.4 Accounting for Sick Leave

Sick leave may be used in increments of 6 minutes.

20.5 Credits

When an employee who has been working in an extra-help category is appointed to a permanent position they may receive credit for such extra-help period of service in computing accumulated sick leave, provided that no credit shall be given for service preceding any period of more than 28 consecutive calendar days in which an employee was not in a pay status.

If an employee with unused sick leave accrued is laid off and later reemployed in a permanent position, such sick leave credits shall be restored upon reemployment. Employees shall not have any portion of sick leave credits restored for which they received compensation at the time of or subsequent to the day of layoff.

20.6 Incapacity to Perform Duties

If the appointing authority has been informed through a doctor’s report of a medical examination, that an employee is not capable of properly performing their duties, they may require the employee to absent himself/herself from work until the incapacity is remedied. During such absence the employee may utilize any accumulated sick leave, vacation, holiday and compensatory time.

20.7 Use of Sick Leave While on Vacation

An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:

(1) was hospitalized during the period for which sick leave is claimed, or

(2) received medical treatment or diagnosis and presents a statement indicating illness or disability signed by a physician covering the period for which sick leave is claimed, or

(3) was preparing for or attending the funeral of an immediate family member.

No request to be paid for sick leave in lieu of vacation will be considered unless such request is made within 10 working days of the employee’s return and the above substantiation is provided within a reasonable time.

20.8 Sick Leave During Holidays

Paid holidays shall not be considered as part of any period of sick leave, unless the employee is scheduled to work on that holiday.

20.9 Catastrophic Leave Program

(1) Purpose

The Catastrophic Leave Policy is designed to assist employees who have exhausted paid time credits due to serious or catastrophic illness, injury or condition of the employee or their family. This policy allows other employees to make voluntary grants of time to that employee so that s/he can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition.

The County will prepare a modified policy Catastrophic Leave 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.

(2) Program Eligibility

Leave credits may voluntarily be transferred from one or more donating employees to another receiving employee under the following conditions:

a. The receiving employee is a permanent full or part-time employee whose participation has been approved by their department head;

b. The receiving employee and/or the employee’s family member has sustained a life threatening or debilitating illness, injury or condition. (The department head may require that the condition be confirmed by a doctor’s report);

c. The receiving employee has exhausted all paid time off;

d. The receiving employee must be prevented from returning to work for at least thirty (30) days and must have applied for a medical leave of absence.

(3) Transferring Time

a. Vacation and holiday time may be transferred by employees in all work groups. Compensatory time may be transferred by employees in work groups 1, 4, and 5.

b. Sick leave may be transferred at the rate of 1 hour of sick leave for every 4 hours of other time (i.e., holiday, vacation, or comp time).

c. Donated time will be converted from the type of leave given to sick leave and credited to the receiving employee’s sick leave balance on an hour-for-hour basis and shall be paid at the rate of pay of the receiving employee.

d. Donations must be a minimum of 8 hours and, thereafter, in whole hour increments.

e. The total leave credits received by the employee shall normally not exceed three months; however, if approved by the department head, the total leave credits received may be up to a maximum of six months.

f. Donations approved shall be made on a Catastrophic Leave Time Grant form signed by the donating employee and approved by the receiving employee’s department head. Once posted, these donations are irrevocable except as described in paragraph 7 below.

g. In the event of the untimely death of a Catastrophic Leave recipient, any excess leave will be returned to the donating employees on a last in/first out basis (i.e., excess leave would be returned to the last employee(s) to have donated).

(4) Appeal Rights

Employees denied participation in the program by the department head may appeal the decision to the Human Resources Director whose decision shall be final.

20.10 Sick Leave for Childbirth and Adoption

Employees may use up to 30 working days of accrued sick leave following the birth or adoption of a child they will legally parent.

21.1 General

Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and this MOU. Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same class, or equivalent class in the same department as they held at the time the leave was granted. The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave. However, if a disability retirement application has been filed with the County Retirement Board a leave may be granted pending decision by that Board. Nothing in this Section 21 shall abridge an employee’s rights under the Family and Medical Leave Act (FMLA), Federal, State or any other applicable Law. Information regarding FMLA is contained in the Letters section of this MOU.

Total Period of Leave: Except for Disability Leaves as provided above and in Section 21.4 (2) (c), no leave of absence or combination of leaves of absence when taken consecutively, shall exceed a total period of twenty-six (26) pay periods.

Approval and Appeals: Initial action to approve or disapprove any leave of absence shall be by the employee’s department head; however, leaves of absence of more than two (2) biweekly pay periods must also be approved by the Human Resources Director. Denial of requested leave in whole or in part at the department level may be appealed by the employee to the Director, whose decision shall be final.

21.2 Benefit Entitlement

Employees on leaves of absence without pay for more than two (2) biweekly pay periods shall not be entitled to payment of the County’s portion of health, dental, life, or long-term disability insurance premiums, except as provided hereinafter. The entitlement to payment of the County’s portion of the premiums shall end on the last day of two (2) full biweekly pay periods in which the employee was absent. An employee who is granted a leave of absence without pay due to the employee’s illness or accident shall be entitled to two (2) biweekly pay periods of the County’s portion of the insurance premiums for each year of County service or major fraction thereof, up to a maximum of twenty‑six (26) biweekly pay periods payment of premiums.

Where applicable, payment of the County’s portion of the insurance premiums described in this Section 21.2 shall count toward fulfillment of statutory requirements for payment of the County’s contributions toward health insurance under the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA) and California Pregnancy Disability Leave (PDL).

21.3 Seniority Rights and Salary Adjustments

Authorized absence without pay which exceeds twenty-eight consecutive calendar days for either: (1) leave of absence for personal reasons, (2) leave of absence for illness or injury not compensated through Employees’ Compensation benefits, or (3) leave of absence to fill an unexpired term in elective office shall not be included in determining salary adjustment rights, or any seniority rights, based on length of employment. Any authorized absence without pay (regardless of length) which begins on or after October 24, 1994, shall not be included in determining salary adjustment rights, or any seniority rights, based on length of employment.

21.4 Job Incurred Disability Leave

(1) Job Incurred Disability Leave With Pay

a. Definition: Job incurred disability leave with pay is an employee’s absence from duty with pay because of disability caused by illness or injury arising out of and in the course of their employment which has been declared compensable under Workers’ Compensation Law. Only permanent or probationary employees occupying permanent positions are eligible for job incurred disability leave with pay.

b. Payment: Payment of job incurred disability leave shall be at the base pay of the employee, and shall be reduced by the amount of temporary disability indemnity received pursuant to Workers Compensation Law.

c. Application for and Approval of Job Incurred Disability Leave With Pay: In order to receive pay for job incurred disability leave an employee must submit a request on the prescribed form to their department head describing the illness or accident and all information required for the department head to evaluate the request. The employee must attach a physician’s statement certifying to the nature, extent, and probable period of illness or disability. No job incurred disability leave with pay may be granted until after the County, the County Workers Compensation Adjuster or the State Compensation Insurance Fund has declared the illness or injury compensable under the California Workers Compensation Law and has accepted liability.

d. Length of Job Incurred Disability Leave With Pay: Eligible employees shall be entitled to disability leave for the period of incapacity as determined by a physician, not to exceed a maximum of 90 calendar days for any one illness or injury. Holidays falling within the period of disability shall extend the maximum time allowance by the number of such holidays.

(2) Job Incurred Disability Leave Without Pay

a. Definition: Job incurred disability leave without pay is an employee’s absence from duty without County pay because of disability caused by illness or injury arising out of and in the course of their employment which has been declared compensable under Workers Compensation Law. Only permanent or probationary employees occupying permanent positions are eligible for job incurred disability leave without pay. Such leave is taken after the disabled employee has used up allowable job incurred disability leave with pay, as well as accrued credits for sick leave. At the employee’s option, vacation and compensatory time-off accruals may also be used.

b. Application for and Approval of Job Incurred Disability Leave Without Pay: In order to receive job incurred disability leave without pay an eligible employee must submit a request on the prescribed form to their department head describing the illness or accident and all information required for the department head to evaluate the request. The employee must attach a statement from a physician certifying as to the nature, extent, and probable period of illness of disability.

c. Length and Amount of Job Incurred Disability Leave Without Pay: Job incurred disability leave without pay may not exceed 26 biweekly pay periods for any one injury. The combined total of job incurred disability leave with pay and job incurred disability leave without pay for one accident or illness may not exceed 32 biweekly pay periods. In the event an employee is disabled and is receiving Employees’ Compensation benefits this leave may be extended as long as such disability continues.

21.5 Leave of Absence Without Pay

(1) General Provisions

a. Qualifying: Only permanent or probationary employees occupying permanent positions are eligible for leaves of absence without pay under the provisions of this Section.

b. Application for and Approval of Leaves of Absence Without Pay: In order to receive leave without pay, an employee must submit a request on the prescribed form to their department head describing the reasons for the request and all other information required for the department head, or their representative, to evaluate the request.

c. Granting of Leaves of Absence Without Pay: An appointing authority may grant leaves of absence without pay for up to a maximum of 2 biweekly pay periods. Leaves of absence of more than 2 biweekly pay periods must be approved by the Human Resources Director and shall be subject to review by the County Manager, whose ruling shall be final.

(2) Leaves of Absence Without Pay For Non‑Job Incurred Illness or Injury: Leaves of Absence without pay on account of illness or injury which are not job incurred may be granted for a maximum period of 26 full biweekly pay periods. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom. Such leaves will be granted only after all accrued sick leave credits have been used and shall be substantiated by a physician’s statement.

(3) Leaves of Absence Without Pay for Personal Reasons: Leaves of absence without pay for personal reasons (including but not limited to being employed on a full-time basis by the Union signatory to this MOU) may be granted for a maximum period of 13 full biweekly pay periods. Such leaves shall only be granted after all accrued vacation and holiday credits have been used; however, an employee may request in case of personal emergency, including an emergency relating to the non‑disability portion of maternity leave, that one week’s vacation be retained. The decision of the Human Resources Director shall be final.

(4) Parental Leave: An employee/parent of either sex shall be granted a leave of absence without pay to fulfill parenting responsibilities during the period of one year following the child’s birth or one year following the filing of application for adoption and actual arrival of child in the home. Such leave shall be for a maximum period of 13 biweekly pay periods. Use of accrued vacation, sick, compensatory time or holiday credits shall not be a pre‑condition for the granting of such parental leave. Employees who must assume custody of a minor will be eligible for parental leave.

21.6 Military Leaves of Absence

The provisions of the Military and Veterans Code of the State of California as well as the Uniformed Services Employment and Reemployment Rights Act (USERRA) shall govern military leave of County employees.

21.7 Absence Due To Required Attendance in Court

Upon approval by the department head, an employee, other than extra-help, shall be permitted authorized absence from duty for appearance in Court because of jury service, in obedience to subpoena related to the employee’s San Mateo County employment or by direction of proper authority, in accordance with the following provisions:

(1) Said absence from duty will be with full pay to a maximum of eight (8) hours for each day the employee serves on the jury or testifies as a witness in a criminal case, other than as a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the County Treasurer, through the employee’s department head within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.

(2) Attendance in Court in connection with an employee’s usual official duties or in connection with a case in which the County of San Mateo is a party, together with travel time necessarily involved, shall not be considered absence from duty within the meaning of this Section.

(3) An employee required to appear in court in a matter unrelated to their County job duties or because of civil or administrative proceedings that he or she initiated does not receive compensation for time spent related to those proceedings. An employee may request to receive time off using vacation, compensatory, holiday or voluntary time off if accrued balances are available, or will be in an unpaid status, for time spent related to those proceedings. This provision does not apply to grievance proceedings pursuant to this MOU, San Mateo County Civil Service Commission proceedings, EAP or Peninsula Conflict Resolution Center (PCRC) mediation proceedings, or administrative proceedings related to the Meyers Milias Brown Act or the MOU between the parties.

(4) Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the County Treasurer through the employee’s department head.

21.8 Educational Leave of Absence With Pay

Educational leave of absence with pay may be granted to employees under the conditions specified in this Section. In order to be granted educational leave of absence with pay an employee must submit on the prescribed form a request to the appointing authority containing all information required to evaluate the request.

The County may, after approval of an employee’s application, grant a leave of absence with pay for a maximum of 65 working days during any 52 biweekly pay periods for the purpose of attending a formal training or educational course of study. Eligibility for such leaves will be limited to employees with at least thirteen (13) biweekly pay periods of continuous service and who are not extra-help, or temporary. Such leaves will be granted only in cases where there is a reasonable expectation that the employee’s work performance or value to the County will be enhanced as a result of the course of study. Courses taken as part of a program of study for a college undergraduate or graduate degree will be evaluated individually for job relatedness under the above described criteria. The employees must agree in writing to continue working for the County for at least the following minimum periods of time after expiration of the leave of absence:

Length of Leave of Absence Period of Obligated Employment

44 to 65 workdays 52 biweekly pay periods

22 to 43 workdays 26 biweekly pay periods

6 to 21 workdays 13 biweekly pay periods

21.9 Absence Without Leave

(1) Refusal of Leave or Failure to Return After Leave: Failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be considered an absence without leave.

(2) Absence Without Leave: Absence from duty without leave for any length of time without a satisfactory explanation is cause for dismissal. Absence without leave for 4 or more consecutive days without a satisfactory explanation shall be deemed a tender of resignation. If within thirty (30) days after the first day of absence without leave a person who has been absent makes an explanation satisfactory to the Board of Supervisors, the Board may reinstate such person.

21.10 Bereavement Leave

The County will provide up to twenty-four (24) hours paid bereavement leave upon the death of an employee’s parent, step-parent, spouse, domestic partner, child (including through miscarriage or stillbirth), stepchild, sibling, sibling-in-law, parent-in-law, step-parent in-law, grandparent, grandparent-in-law or grandchild.

In addition, employees may utilize accrued sick leave pursuant to Section 20.2 (4).

22.1 Payment of Healthcare Premiums – Regular Full Time Employees

The County and covered employees share in the cost of health care premiums. The County will pay 85% of the total premium for the Kaiser HMO, Blue Shield HMO, or Kaiser High Deductible Health Plans (employees pay 15% of the total premium) and the County will pay 75% of the total premium for the Blue Shield POS Plan (employees pay 25% of the total premium).

For full time employees enrolled in the Kaiser or Blue Shield High Deductible Health Plan, the County will annually contribute fifty percent (50%) of the cost of the deductible amount for the plan to a Health Savings Account. For part time employees working half time or more, the County’s contribution to the Health Savings Account shall be prorated based on their part time status.

22.2 Permanent Part Time Employees

For County employees occupying permanent part-time positions who work a minimum of forty (40), but less than sixty (60) hours in a biweekly pay period, the County will pay one-half (1/2) of the hospital and medical care premiums described above.

For County employees occupying permanent part-time positions who work a minimum of sixty (60), but less than eighty (80) hours in a biweekly pay period, or qualify for health benefits under the Affordable Care Act (ACA), the County will pay eighty-five percent (85%) of the Kaiser High Deductible Health Plan (HDHP) or three-fourths (3/4) of the County contribution to hospital and medical care premiums described above.

Upon request from the County, the parties will reopen Section 22 during the term of the agreement if necessary to address changes required under the ACA.

22.3 Sick Leave Conversion to Health Coverage Upon Retirement

Unless otherwise provided in this MOU, employees hired prior to January 23, 2011 whose employment with the County is severed by reason of retirement during the term of this MOU shall be reimbursed by the County for the unused sick leave at time of retirement on the following basis:

For each 8 hours of unused sick leave at time of retirement, the County shall contribute towards one month’s premium for health or dental coverage for the employee and eligible dependents (if such dependents are enrolled in the plan at the time of retirement). The County shall not be obligated to contribute at a rate in excess of $420.00 per 8 hours of unused sick leave per month for the retired employee to continue health or dental coverage (e.g., if an employee retires with 320 hours of unused sick leave, the County will continue to pay the health or dental premiums for a period of 40 months). Employees may increase the number of hours per month to be converted up to a maximum of 14 hours of sick leave per month. Such conversion may be in one full hour increments above a minimum of eight hours (e.g., if an employee converts 12 hours, they would be reimbursed $610.00 instead of $420). The number of hours to be converted shall be set upon retirement and can be changed annually during open enrollment, or upon a change in family status that impacts the number of covered individuals (e.g., death of spouse, marriage and addition of spouse).

For employees who retire with 20 or more years of service with the County of San Mateo, the $420 rate will be increased by 4% effective January 1, 2009 and each January 1^st thereafter, the rate will be increased by 4%. Such contribution shall not exceed 90% of the Kaiser Employee-only premium.

For employees who retire with at least 15 but less than 20 years of service with the County of San Mateo, the $420 rate will be increased by 2% effective January 1, 2009 and each January 1^st thereafter, the rate will be increased by 2%. Such contribution shall not exceed 90% of the Kaiser Employee-Only premium.

For employees who retire after January 1, 2009 with less than 15 years of service with the County of San Mateo, the conversion rate for each 8 hours of sick leave will be increased to $440.

Employees hired prior to January 23, 2011, who retire on or after January 1, 2007 with 20 or more years of service with the County of San Mateo, the 8 hours of sick leave converted for each month’s retiree health contribution by the county shall be reduced to 6 hours.

Employees hired on or after January 23, 2011 receive $400 per 8 hours of accrued sick leave. No inflation factor and no conversion at a lower number of hours based on years of service. See Section 22.5.

Should a retired employee die while receiving benefits under this section, the employee’s spouse and eligible dependents shall continue to receive coverage to the limits provided above.

22.4 Additional Sick Leave Credit Disability Retirement

The County will provide up to a maximum of 288.6 hours of sick leave (3 years of retiree health coverage) to employees who receive a disability retirement. For example, if an employee who receives a disability retirement has 100 hours of sick leave at the time of retirement, the County will add another 188.6 hours of sick leave to their balance.

Employees hired on or after January 23, 2011, whose employment with the County is severed by reason of retirement during the term of this MOU shall be reimbursed by the County for the unused sick leave at time of retirement on the following basis:

For each 8 hours of unused sick leave at time of retirement, the County shall contribute toward one month’s premium for health or dental coverage for the employee and eligible dependents (if such dependents are enrolled in the plan at the time of retirement.) The County shall not be obligated to contribute at a rate in excess of $400 per 8 hours of unused sick leave per month for the retired employee to continue health or dental coverage (e.g., if an employee retires with 320 hours of unused sick leave, the County will continue to pay towards the health or dental premiums for a period of 40 months.)

Employees who waive retiree health/dental coverage including COBRA rights may, upon retirement, convert each 8 hours of accrued sick leave for $100. Should this cashout be determined, either through legislative or judicial action, to constitute compensation earnable for retirement purposes, this provision shall become null and void. Effective January 1, 2007, employees will no longer be offered the option of cashing out sick leave if they waive retiree health. However, if it is determined to not create a taxable event and if it does not cause the above retiree health plans to become taxable events, then employees may exchange unused sick leave at a value of $100 per 8 hours into an RHSA upon retirement

22.5 Sick Leave Conversion – Survivor Benefit

The surviving spouse of an active employee who dies may, if they elect a retirement allowance, convert the employee’s accrued sick leave to the above specified limits, providing that the employee was age 55 or over with at least 20 years of continuous service.

22.6 Additional Sick Leave Credit

Employees who retire after March 31, 2008 will, upon exhaustion of accrued sick leave, be credited with additional hours of sick leave as follows:

(1) With at least 10 but less than 15 years of service with the County of San Mateo – 96 hours

(2) With at least 15 but less than 20 years of service with the County of San Mateo – 192 hours

(3) With 20 or more years of service with the County of San Mateo – 288 hours

22.7 Out of Area

Retirees who live in areas where no County Health Plan coverage is available, and who are eligible for conversion of sick leave credits to a County contribution toward health plan premiums, may receive such contribution in cash while continuously enrolled in an alternate health plan in the area of residence. It is understood that such enrollment shall be the sole responsibility of the retiree. This option must be selected either:

(1) At the time of retirement, or

(2) During the annual open enrollment period for the County’s health plans, provided the retiree has been continuously enrolled in one of the County’s health plans at the time of the switch to this option.

Payment to the retiree will require the submission to the County of proof of continuous enrollment in the alternate health plan, which proof shall also entitle the retiree to retain the right to change back to any County-offered health plan during a subsequent open enrollment period.

Out-of-area retirees who have no available sick leave credits for conversion to County payment of health premiums may also select the option of enrollment in an alternate health plan in the area of residence provided that no cash payment will be made to the retiree in this instance. Should such retiree elect this option during an open enrollment period rather than at the time of retirement s/he must have had continuous enrollment in a County-offered health plan up to the time of this election. Continuous enrollment in the alternate plan will entitle the retiree to re‑enroll in a County-offered health plan during a subsequent open enrollment period.

It is understood that the County is actively seeking coverage for out-of-area retirees under a nationwide HMO or other health insurance plan and that, should such coverage become available during the term of this MOU, the County will meet with the Union regarding substitution of this plan for the arrangement described in this subsection 22.5. Upon agreement by both the County and employee organizations such new plan will replace the cash option.

22.8 Deferred Compensation Automatic Enrollment for New Employees

Subject to applicable federal regulations, the County agrees to provide a deferred compensation plan that allows employees to defer compensation on a pre-tax basis through payroll deduction. Effective January 1, 2016, each new employee will be automatically enrolled in the County’s Deferred Compensation program, at the rate of one percent (1%) of their pre-tax wages, unless he or she chooses to opt out or to voluntarily change deferrals to greater than or less than the default one percent (>1%) as allowed in the plan or as allowed by law. The pre-tax deduction will be invested in the target fund associated with the employees’ date of birth. All deferrals are fully vested at the time of deferrals; there will be no waiting periods for vesting rights.

The County will continue to offer dental care coverage for the employees and their eligible dependents. The County will pay 90% of the premium for this coverage.

The County shall provide vision care coverage for employees and their eligible dependents. The County will pay the entire premium for this coverage.

Optional additional benefits may be available during open enrollment at an additional cost to the employee.

25.1 Benefits Committee

During the term of this MOU, the County and Unions shall convene the Benefits Committee for the following purposes:

(1) To continue ongoing discussions regarding cost structures as a part of an overall strategy to maintain balanced enrollment in County plans,

(2) To investigate the feasibility of revising medical and/or dental coverage and/or plan(s) and strategies to integrate wellness program participation into benefit insurance cost structure, and

(3) To address legislative changes to health insurance legislation, including, but not limited to, the Affordable Care Act.

The Benefits Committee will be composed of County labor representatives, not to exceed two (2) representatives from each participating labor organization and four (4) County representatives. The Union may designate an alternate representative to attend meetings when a regular representative is unavailable.

25.2 Benefits Levels

During the term of this agreement, the County agrees to continue all benefits programs at current benefits levels as listed in the MOU and the Benefits Summary.

25.3 Agreement Implementation

Agreements reached as part of the Benefits Committee may be implemented outside of negotiations if employee organizations representing a majority of employees agree, providing, however, all employee organizations are given an opportunity to meet and confer regarding such agreements.

25.4 Health Insurance Tax and Legislation Reopener

Upon the County or the Union’s request, the County and Union shall reopen the issue of payment of any taxation assessed against employers in association with employer health insurance contributions, any changes to healthcare legislation, or other taxation resulting from future healthcare legislation.

25.5 Health Plan Changes

Health plan changes that are initiated by the health plan based on either legislative / regulatory changes or health plan organization policy changes are provided to employers each year. These changes are typically not significant in terms of the number of individuals who are impacted by the change. For instance, they do not often include co-pay changes for outpatient or inpatient physician or facility services, prescription drug co-pays or other major plan design co-pays. Where health plans initiate these kinds of changes to the contract, Employee Benefits will share with labor the specific changes health plans are communicating at the time of renewal, before implementing the changes. Where the changes may be eliminated by the employer purchasing, at additional cost, a rider to cover the benefit, it is the County’s desire to implement such changes without riders to keep its design in conformance with the health plans’ book of business design, provided however, it will first meet and confer with the Union on any such matter.

25.6 Benefit Booklets

The County agrees to receive and discuss any suggestions the Union may have for improvement of the booklets or folders describing various employee benefits provided by the County.

26.1 Coverage

The County will pay group life insurance and accidental death insurance premiums for the following coverage:

A. Life Insurance for each employee with a maximum benefit amount of $20,000.

B. Life Insurance for the employee’s spouse or registered domestic partner with a maximum benefit amount of $500, and

C. Life Insurance for each of the employee’s children depending on age up to a maximum benefit amount of $500.

D. The County shall provide additional life insurance payable to the employee’s beneficiary if the employee’s death results from an accident either on or off the job up to a maximum benefit amount of $10,000.

26.2. Supplemental Coverage

Employees, depending on pre-qualification, may purchase additional term life insurance up to a maximum of $750,000 for employee, $250,000 for spouse or registered domestic partner, and $10,000 for each qualifying dependent. Applying for additional life insurance will not place a employee’s current level of insurability at risk.

The County shall continue to provide its present long term income protection plan for permanent employees at no cost to said employees; provided, however, that in order to be eligible for such plan, employees must have been employed by the County for 3 or more years.

Effective with disabilities commencing on or after January 1, 1988, the 120 day disability period required to qualify for long term income protection shall no longer require continuous disability but shall be cumulative for any single medically verified illness or injury within a period of 6 full months from the date of the disability’s onset. The onset date shall be defined as the first workday the employee was unable to work.

The maximum benefit of the Long Term Disability Plan shall be $2000 monthly. Effective with new benefits on or after October 17, 1999, the maximum benefit of the Long Term Disability Plan shall be $2400 monthly. The County also agrees to cover under the LTD Plan, part-time employees who work a minimum of 20 hours per week. The Long Term Disability Plan is also modified to restrict benefits for psychiatric disabilities that result from stress, depression or other life events to two years. However, a disability resulting from certain chronic psychotic disorders or a disorder with demonstrable organic brain deficits can qualify for benefits payable up to the age of 65.

Employees covered by this MOU are eligible for benefits pursuant to the State Disability Insurance Program.

29.1 Examinations

(1) Open Examinations: Any person who meets the minimum qualifications for the job classification may compete.

(2) General Promotional Examinations: Permanent and probationary employees who have served at least six months in such status prior to the date of the examination are eligible to compete. Persons who have been laid off and whose names are on a reemployment list are also eligible provided they had served at least six months prior to lay off.

Persons in unclassified positions, who previously held positions in the classified service and who did not have a break in County service between the classified and unclassified appointments are eligible to compete provided that they have at least 6 months total service prior to the final date to file an application.

(3) Departmental Promotional Examinations: Permanent and probationary employees of the specific department in which a promotional opportunity exists who have served at least 6 months in such status prior to the date of the examination are eligible to compete. Persons who have been laid off and whose names appear on the appropriate departmental reemployment eligible list are also eligible provided they had served at least 6 months prior to lay off.

(4) Open and Promotional Examinations: Any person who meets the minimum qualifications for the job class may compete. In addition, any person competing in this type of an exam, and who meets the criteria described in (2) above, shall have 5 points added to the final passing score.

(5) Veterans preference shall not apply to promotional examinations.

29.2 Promotional Eligible Lists

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

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

(4) 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 general eligible list for that classification in accordance with their final score.

29.3 Probationary Period

Permanent employees promoted to a higher classification shall undergo the probationary period prescribed for the higher classification, except for employees in flexibly-staffed positions will not be required to serve a second probationary period when moving to the higher classification.

Employees demoted during a new probationary period shall have the right to demote to their former classification in their former department if a vacancy in their former classification exists. If no vacancy exists, such employees shall be placed in the longest standing vacancy, as determined by the requisition form date, County-wide. Should the longest standing vacancy entail “unusual” work hours, the employee shall have the one-time option of returning to the second longest standing vacancy should one exist. (“Unusual” shall mean work hours or work week dissimilar to those of the position from which or to which the employee was promoted.) If no vacancy exists, such employees shall displace the least senior employee as determined by Section 15. If no less senior position exists, then the employee shall be removed from County service.

The County and Union agree that professional, productive, and positive labor relations can be accomplished when Union and County representatives work together to support the services we provide to the public. To support this philosophy, the parties have agreed to the provisions regarding attendance at meetings and handling of meetings. Paid release time is intended to support the collaboration and cooperative spirit of labor relations by ensuring that Union members have access to resources designed to help support their continued success as public employees and that Union leaders have an opportunity to work together to support the success of their members.

3.1 Attendance at Meetings

County employees who are official representatives or Stewards of the Union shall be given reasonable time off with pay, including reasonable travel time (or reasonable set up time for virtual meetings), to formally meet and confer or consult with management representatives on matters within the scope of representation or to be present at hearings where matters within the scope of representation are being considered; to testify or appear as the designated representative of the Union in settlement conferences, hearings, or other proceedings before PERB, in matters relating to an unfair practice charge; or to testify or appear as the designated representative of the Union in matters before the Civil Service Commission. In the event that these meetings are held virtually, employees on site may reserve available, private meeting space, provided it does not interfere with County business operations. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of County services as determined by the County. Such representatives or stewards shall submit written requests for excused absences to Employee Relations at least two (2) working days prior to the meeting whenever possible. Except by agreement with Employee Relations, the number of employees excused for such purposes shall not exceed three (3) per Union, or two (2) from each of the following representation units:

(1) Accounting and Administrative Services Unit

(2) Appraisal Unit

(3) Engineering Unit

(4) Library Unit

(5) And five (5) from Office and Technical Services Unit, whichever is greater, at any one time.

If any employee’s request for excused absence is not approved, they will be provided the reason for denial in writing. Such disapproval shall be subject to appeal to the Human Resources Director, whose decision shall be final.

Shop stewards working P.M. shifts shall be provided two (2) hours of paid release time and reasonable travel time within San Mateo County to attend monthly steward council meetings held in the evening, not to exceed four (4) times per year. Stewards working day shifts shall be provided two (2) hours of paid release time and reasonable travel time within San Mateo County to attend monthly steward council meetings held during the day, not to exceed eight (8) times per year.

The number of stewards released shall not exceed thirty (30) in any given month. Requests for release time shall be made to Employee Relations by the Union.

The Union shall provide updated lists of chapter officers and stewards to Employee Relations on a quarterly basis. Only chapter officers and stewards on the lists shall be eligible for release time.

It is acknowledged that the County will attempt to provide such release time, but that each instance must be considered on a case-by-case basis and the County shall not unreasonably deny requests. Any denial of requested time off may be appealed to the Human Resources Director, whose decision shall be final.

All approved release time will be coded appropriately on the employee’s timecard using pay code RTE. Paid release time is authorized for the following activities:

(1) Transmitting communications authorized by the Local Union or its Officers to the County or his/her representative.

(2) Meetings with County management concerning the enforcement of any provision of this Agreement or matters within scope of representation;

(3) Investigating and processing grievances or disciplinary appeals;

(4) Attending Union contract ratification and chapter meetings;

(5) Attending Labor-Management meetings;

(6) Posting Union notices in County designated/authorized locations.

Paid release time is not authorized to be used for political activity, any type of activity that is precluded by law or County policy as a conflict of interest, conducting membership drives, or soliciting membership from other County employees or applicants.

Time spent in meetings with the County on matters listed in Section 3, which occur outside of the employee’s regular work schedule, is not compensable. Employees should not code release time for such time when the employee is not scheduled to work.

3.2 Handling of Grievances

The Union shall designate a reasonable number of stewards to assist in resolving grievances. The designation will depend on such circumstances as geographical locations, hours of employment, and departmental organizational structure. The Union shall notify Employee Relations in writing of the individuals so designated. Alternates may be designated to perform Steward’s function during the absence or unavailability of the stewards. Stewards may be relieved from their assigned work duties by their supervisors to investigate and process grievances initiated by other employees within the same work area or representation unit, including participating in Steps 1-4 of the grievance process as described in Section 38.2. Requests for release time shall not be unreasonably denied. Stewards shall promptly report to the Union any grievances which arise and cannot be adjusted on the job. Supervisory employees shall not represent non-supervisory employees in a grievance procedure where such activity might result in a conflict of interest. Neither stewards nor the Union shall order changes, and no change shall be made except with the consent of the appropriate department heads.

The Union shall notify the County in advance of an investigatory meeting if an additional steward is required to attend for the purpose of taking notes. Unless the County objects, an additional steward may be released for this purpose.

3.3 Union Release Time

(1) The County and the Union agree that the Union may designate representatives to be freed from their normal job duties and responsibilities without reduction in their full pay and benefits for release time activities and duties performed in accordance with this section.

a. The Union shall notify the Human Resources Director or other authorized individual in writing of such designations and re-designations.

(2) Reasonable paid release time and reasonable travel time for up to two (2) SEIU 521 Officers or their designee(s) shall be granted by the County to attend Board of Supervisors meetings subject to departmental approval. A written request for release time shall be made to the Human Resources Department within twenty-four (24) hours following the posting of the Board Agenda. Any denial of union release time must be made in writing with an explanation for the denial. The Union will be so notified and have the opportunity to discuss this matter with the Human Resources Director whose decision shall be final.

3.4 Leaves of Absence for Union Work

Leaves of absence to take employment with the Union signatory to this MOU shall be granted for a minimum of thirteen (13) full biweekly pay periods upon forty-five (45) days advanced written notice from the Union when feasible.

Employees are entitled to retain all seniority, pay and benefits while on a leave to work for the Union. While on such leave to work for the union, on a weekly basis, the Union or employee shall submit accurate accountings of hours worked according to the County’s payroll practices including any vacation, holiday or other paid time off used during that week. Employees will receive pay through the County process. The Union will be billed on a regular basis as determined by the Controller’s Office for all costs associated with the individual on leave, including the employer’s share of all pay, benefits and retirement contributions. The Union will reimburse the County in full within thirty (30) calendar days of receipt of each bill. The County shall provide the Union and the employee with a minimum of thirty (30) days’ notice before ceasing payment. If the Union fails to make payment within that time, future payments, benefits and retirement contributions to the employee will cease.

In the event the employee is in a business critical position, or based on the number of employees currently released to work for the union a hardship is created for the County to conduct regular business, a discussion will occur between the Union and the Department Head(s) regarding the feasibility of the release. (i.e.: if the request were to release the only payroll specialist in a department, it may not be feasible to release that person with only forty-five (45) days-notice; or, if the request were for an individual for whom we claim Federal funding and the County would suffer that loss of revenue)

Denials will be provided in writing including the reason for the denial. Denials may be appealed to the Human Resources Director whose decision shall be final.

Every reasonable effort will be made to return the employee to their prior assignment, work location and shift upon return from this leave of absence; however the County cannot guarantee the availability of that assignment, work location or shift.

30.1 Purpose

The purpose of the Career Opportunities Program is to provide current employees with opportunities to promote, transfer, or change careers within the County in a way that is fair, competitive, easily understandable, efficient and appropriate to the County’s needs. Investing in and utilizing talents of its employees will enhance the performance of the organization.

30.2 Career Development Committee

In 2015, the County established a labor-management Career Development Program (CDP) Committee to evaluate the needs of today’s workplace and employees, and to restore and update the Career Opportunities Program.

The CDP Committee is composed of County and labor representatives, not to exceed two (2) representatives from each participating labor organization and four (4) County representatives. The Union may designate an alternate representative to attend meetings when a regular representative is unavailable.

The CDP Committee will continue meeting on a quarterly basis during the term of this agreement to address training and development activities to enable employees to improve knowledge, skills and abilities in order to achieve promotional eligibility.

When the workload increases so that a part-time position becomes full-time, the Human Resources Director may at their sole discretion, certify that part-time employee to a full-time position in the same geographical location.

32.1 Employee Preference

If it becomes necessary to transfer permanently one or more employees from one geographical location to one or more geographical locations in different cities, such employees at the original geographical location who are working in the affected classifications shall be given an opportunity to express their desires for transfer. In such cases the department head shall give consideration to length of service and transportation factors along with such job related criteria as they deem appropriate, provided where all of these criteria are relatively equal, length of service shall prevail. The County shall discuss these criteria with the Union before selecting employees for transfer. Nothing shall preclude a department head from temporarily assigning employees to work at a different geographical location when prompt action is required by the needs of the County. The County will provide a minimum of ten (10) business days’ advance written notice to the affected employee ahead of a planned geographical location change. The minimum ten (10) business days’ notice shall not apply to temporary transfers where immediate staffing is required, as determined by the Human Resources Director, whose decision shall be final.

32.2 Non-Disciplinary Disposition

Employees shall not be transferred from one geographic location to another for disciplinary reasons.

No employee shall be required regularly to perform duties of a position outside of the classification to which they have been appointed. However, employees may be assigned temporarily duties outside their classification. In addition, under the conditions described in the Rules of the Civil Service Commission, a department head may temporarily assign to employees whatever duties are necessary to meet the requirements of an emergency situation.

The County shall not schedule work-out-of-class assignments in a manner so as to purposefully avoid paying work-out-of-class pay as described in this Section.

33.1 Reclassification Procedure

An employee may request in writing a re‑evaluation of their job based on significant changes in job content or significant discrepancies between job content and the classification description. Such written request shall be submitted to their department head. Following review by the department, a written response shall be submitted to the employee, the Union and the Human Resources Director within forty-five (45) days. In the written response, the department head will approve or deny the request for re-evaluation. If the department head approves the request for re-evaluation, Human Resources will schedule a reclassification study and will issue Job Description Questionnaire (JDQ) form(s) to affected employees.

In the event the employee feels their request has been unreasonably denied and that they are performing duties of a position outside of the classification to which they have been appointed, they shall have the right to file a grievance in accordance with Section 38 – Grievances of the MOU.

In the event a position is reclassified, the re-classification shall be made effective retroactively to the first full pay period thirty (30) days after the Human Resources Department receives the completed Job Description Questionnaire (JDQ) form(s).

In the event that the results of the study deny the employee the reclassification, the employee shall have the right to file an appeal in accordance with Civil Service Rule XIV, Section 1.B.

When feasible, the County will offer work-out-of-class assignments to interested permanent employees who meet the minimum qualifications of the position prior to offering such assignments to extra-help employees. If offered, it is the employee’s responsibility to inform management of their interest in work-out-of-class assignments. Departments will solicit interest in such assignments via bulletin board posting, internal memo, and/or email within the department or division as the department deems appropriate. The intent of this section is to provide additional career development opportunities to permanent County employees when such assignments do not cause unreasonable disruptions to the work environment or work production.

When feasible, the County will offer to rotate interested employees in previously identified long-term (more than 20 days) work-out-of-class assignments, and the County will notify the Union when this occurs. The intent of this section is to provide additional career development opportunities to permanent County employees when such assignments do not cause unreasonable disruptions to work environment or work production.

When an employee has been assigned in writing by the department head or designated representative to perform the work of a permanent position having a different classification and being paid at a higher rate, and if they have worked in such classification for 5 consecutive workdays (or four consecutive workdays for employees on a 4 day workweek, or where due to a County holiday, the workweek is only 4 days), they shall be entitled to payment for the higher classification, as prescribed for promotions in subsection 5.5 of this MOU, retroactive to the first workday and continuing during the period of temporary assignment, under the conditions specified below:

(1) The assignment is caused by the temporary or permanent absence of the incumbent, or the assignment is caused by a special project or need;

(2) The employee performs the duties regularly performed by the absent incumbent, or at the classification level for the special assignment and these duties are clearly not included in the job description of their regular classification;

(3) The temporary assignment to work-out-of-class which extends beyond 20 working days be approved by the Human Resources Director, a copy of the approval form to be given to the employee; and

(4) A copy of the department head’s written approval must be submitted in advance to the Human Resources Director. If the Director determines that they will not approve pay for work in the higher class which exceeds 20 workdays, the employee will be so notified and have the opportunity to discuss this matter with the Director whose decision shall be final.

The employer shall not schedule work-out-of-classification assignments in a manner so as to purposely avoid paying work-out-of-class pay as described in this Section.

34.1 Salary Step Increases

Employees in work-out-of-classification assignments shall be advanced to the next higher step in the salary schedule (for the higher classification) after the completion of 2080 hours of satisfactory service in each of the salary steps for the higher classification, and upon recommendation of the appointing authority.

35.1 Length

Probationary employees shall undergo a probationary period of 1040 regular hours, unless a longer period, not to exceed 2080 regular hours is prescribed by the Civil Service Commission for their classifications. Individual probationary periods may be extended with good cause upon request of the department head and concurrence of the Human Resources Director; however, no probationary period shall exceed 2080 regular hours. If an employee is incapacitated due to medical conditions and is reassigned to work that is not part of the employee’s normal duties, the probation period for the primary job will be extended for the duration of the reassignment. The employee shall be notified in writing of the probationary extension at the time of the reassignment.

Time worked by an employee in a temporary, extra-help, or provisional status shall not count towards completion of the probationary period. The probationary period shall start from the date of probationary appointment.

35.2 Regular Appointment

Employees in flexibly staffed classifications who are hired at the “I” level must serve a 9 month (1560 hour) probationary period. There shall be no separate probationary period when the employee is promoted from the trainee to the journey level; however, if the employee is promoted prior to the end of the 1560 hour probationary period, they shall continue to be on probation until the entire 1560 hour probationary period is served. Employees in flexibly staffed classifications who are hired at the “II” level must serve a 6 month (1040 hour) probationary period. An employee who is not rejected prior to the completion of the prescribed probationary period shall acquire permanent status automatically.

35.3 Reemployment

Former permanent employees appointed from a reemployment eligible list shall be given permanent appointments when reemployed. Permanent employees who are involuntarily demoted to lower classifications shall be given permanent appointments in the lower classifications.

35.4 Reemployment in New Classification

An employee who is laid off and subsequently appointed as a result of certification from a general employment eligible list to a position in a different classification than that from which laid off shall undergo the probationary period prescribed for the class to which appointed. Former probationary employees whose names were placed on a reemployment eligible list before they achieved permanent status shall start a new probationary period when appointed from a reemployment eligible list.

35.5 Rejection During Probationary Period

The appointing authority may terminate a probationary employee at any time during the probationary period without right of appeal in any manner and without recourse to the procedures provided in Section 38 hereof, except when the employee alleges, and substantiates in writing that the termination was due to discrimination prohibited by county, state or federal statutes or regulations. If discrimination is alleged, the appeal or grievance shall be decided solely on the basis of whether or not the termination was due to discrimination; and unless it is determined that there was discrimination, the person or persons hearing the appeal or grievance shall not substitute their judgment for that of the appointing authority. In case of rejections during probationary periods, employees shall be given written notice, with reasons therefor, at once. The Human Resources Director may, upon request by an employee rejected during their 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.

35.6 Transfer Within Existing Classification

Permanent employees who transfer to another position in the same classification within the same department shall not be required to undergo a new probationary period in the position into which transferred.

Employees who transfer within the same class to another department may be required by the department head to start a new probationary period. If a new probationary period is a condition for transfer, the employee must sign a statement indicating an understanding of this fact prior to the effective date of the transfer.

If a new probationary period is in force, the employee shall have a window period of 28 days from the date of transfer to elect to return to their former position. Should an employee be rejected at a point beyond the window period, they shall have the right to return to their former department if a vacancy in their former classification exists. If no vacancy exists, such employees shall be placed in the longest standing vacancy, as determined by the requisition form date, County-wide. Should the longest standing vacancy entail “unusual” work hours, the employee shall have the one-time option of returning to the second longest standing vacancy should one exist. (“Unusual” shall mean work hours or work week dissimilar to those of the position from which or to which the employee was promoted.) If no vacancy exists, such employees shall displace the least senior employee as determined by Section 15. If no less senior position exists, the employee shall be removed from County service.

(1) Formal Appeal

Notwithstanding the provisions of Section 38, appeals of permanent employees relating to performance evaluations which are below a standard score or rating set by the Human Resources Director shall go directly to the Civil Service Commission. Upon receipt of the appeal the Commission will review the facts and order such action as it determines is appropriate. Appeals must be filed with the Commission within 10 calendar days after the evaluation’s finalization. No evaluation shall be considered finalized until the employee has been given 10 working days for review and comment.

(2) Informal Appeal

Permanent employees may also request an informal appeal of below standard evaluations. At the request of the employee and the union to Employee Relations, a meeting will be arranged in an effort to clarify and, if possible, resolve areas of disagreement. Such meetings will be attended by the employee, their union representative, the employee’s first and second level supervisors, and a representative of the Human Resources Department. Informal appeals may be granted at any time prior to Civil Service Commission review.

(3) Clarification of Probationary Evaluations

Probationary employees are entitled to clarification of below standard evaluations and may request that a union representative be present. All such requests must first be made to the Human Resources Director, or their designee.

For informal Appeals and Clarification of Probationary Evaluations, “union representation” shall mean up to one steward and one union employee as representation. The County will provide release time for only one county employee to provide representation.

38.1 Definition

A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

38.2 Procedure

Grievances shall be processed in the following manner:

(1) Step 1. Department Head and/or the Designated Representative

Any employee who believes that they have a grievance may discuss their complaint with such management official in the department in which they work as the department head designates. If the issue is not resolved within the department, or if the employee elects to submit the grievance directly to the Union, the procedures hereinafter specified may be invoked, provided that all complaints involving or concerning the payment of compensation shall be in writing to the Human Resources Director.

(2) Step 2. Human Resources Director

Any employee or any official of the Union may notify the Human Resources Director in writing that a grievance exists, stating the particulars of the grievance and, if possible, the nature of the determination desired. Such notification must be filed (as determined by postmark) within 28 calendar days from the date of the employee’s knowledge of an alleged grievance. Any grievances involving demotion, suspension, non‑punitive discipline or dismissal must be filed within 14 calendar days (as determined by postmark) after receipt of written notification of such disciplinary action. The Human Resources Director or their designated representative shall have 28 calendar days in which to investigate the merits of the complaint, to meet with the complainant and, if the complainant is not the Union, to meet also with the officials of the Union, and to settle the grievance. No grievance may be processed under paragraph (c) below which has not first been filed and investigated in accordance with this paragraph (b).

(3) Step 3. Adjustment Board

If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, the Union may advance the grievance to an Adjustment Board by submitting a written request to the Human Resources Director within 28 calendar days from the date that the grievance is denied at Step 2. The Adjustment Board shall be comprised of 2 representatives designated by the Union and 2 representatives designated by the County. Adjustment Boards shall be convened within 28 calendar days from the date such notification is received.

(4) Step 4. Arbitration

In the event an Adjustment Board is unable to reach a mutually satisfactory accord on a grievance presented to it, the issue may be advanced to arbitration, if within 28 calendar days of the date upon which the Adjustment Board hearing was held, the moving party notifies the other in writing of its desire to arbitrate. The issue shall be submitted to an arbitrator mutually agreed upon by the parties or, failing mutual agreement, to that arbitrator who is selected by lot from an agreed upon panel. The arbitrator shall determine the issue according to the laws and case law of the State of California.

If the arbitrator so selected is not available for a hearing (at a time acceptable to the Union and the County) within 90 calendar days of the date on which the arbitrator is contacted, the parties may, by mutual agreement, select an alternate arbitrator, or failing agreement, select another arbitrator by lot from the same panel. The parties may also, by mutual agreement, elect to extend the 90 days referenced above and use the arbitrator originally selected by lot.

The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the Union and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any.

38.3 Scope of Adjustment Board and Arbitration Decisions

(1) Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the County.

(2) No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in subsection 38.1.

(3) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither Adjustment Boards nor arbitrators shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

(4) If the Human Resources Director pursuant to the procedures outlined in subsection 38.2 (b) or the Adjustment Board pursuant to the provisions of subsection 38.2 (c) resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or reinstatement with or without payment for lost time.

38.4 Compensation Complaints

All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Human Resources Director. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances.

No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the County and the Union.

38.5 Grievance Procedures/Practices

(1) Irrespective of the defenses of timeliness and/or arbitrability, all issues and remedies shall be fully discussed and/or responded to at each level, prior to and including arbitration, without prejudice to those defenses.

(2) For the purpose of meeting timelines, postmarks or date of hand delivery shall establish the dates of receipt.

(3) If a steward is present at a grievance meeting at any step in the procedure, they will be copied on the applicable grievance-related correspondence. If arbitration has been invoked, stewards will not be copied on correspondence to attorneys involved in the arbitration process.

38.6 No Strike

The Union, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the County, nor to effect a change of personnel or operations of management or of employees not covered by this MOU.

In the case of a legally declared lawful strike against a private sector employer which has been sanctioned and approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises their supervisor prior to leaving the picketed location, and provided further that an employee may be required to cross a picket line where the performance of their duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety.

38.7 County Charter and Civil Service Commission

(1) The provisions of this Section shall not abridge any rights to which an employee may be entitled under the County Charter, nor shall it be administered in a manner which would abrogate any power which, under the County Charter may be within the sole province and discretion of the Civil Service Commission.

(2) All grievances of employees in representation units represented by the Union shall be processed under this Section. If the County Charter requires that a differing option be available to the employee, no action under paragraph (b) of subsection 37.2 above shall be taken unless it is determined that the employee is not availing himself/herself of such option.

(3) No action under paragraph (b) of subsection 37.2 shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Commission.

(4) If any award by an Adjustment Board or arbitrator requires action by the Board of Supervisors or the Civil Service Commission before it can be placed in effect, the County Manager and the Human Resources Department Director will recommend to the Board of Supervisors or the Civil Service Commission, as appropriate, that it follow such award.

If an employee covered by this MOU suffers loss of compensation due to the inequitable application of rules, regulations, policies and procedures and where said loss of compensation is not subject to the grievance procedure specified in Section 38 of the MOU, the employee shall attempt to resolve this matter with the immediate supervisor. If unable to resolve this matter satisfactorily, the employee or the employee’s Union representative may submit the complaint in writing to the Employee Relations Officer with a copy to the County Manager. If this matter is not resolved by the Employee Relations Officer within 30 working days from the date of receipt of the complaint, the employee or the Union representative shall advise the Human Resources Director in writing that the matter has not been resolved and the Director shall render a decision within 15 working days of receipt of this notification which decision shall be final. The County recognizes that other employee problems also merit prompt attention and will attempt to resolve such matters in an expeditious manner.

There shall be no discrimination because of sex, pregnancy, childbirth, breastfeeding or related medical conditions, race, veteran status, religion (including religious dress), color, national origin or ancestry, physical or mental disability, medical condition, marital status, age, gender (including gender identity and gender expression), sexual orientation, use of family medical leave, genetic testing, or any other basis protected by federal or state law or County Ordinance, or legitimate union activities against any employee or applicant for employment by the Union or by the County or by anyone employed by the County; and to the extent prohibited by applicable state and federal law, there shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from adequately performing the essential duties of the position.

40.1 Inspection and Review

Each employee shall have the right to inspect and review any official record relating to their performance as an employee or to a grievance concerning the employee which is kept or maintained by the County. The contents of such records shall be made available to the employee for inspection and review at reasonable intervals during the regular business hours of the County. The employee’s designated representative may also review the personnel file with specific written authorization from the employee.

The County shall provide an opportunity for the employee to respond in writing, or personal interview, to any information about which disagree. Such response shall become a permanent part of the employee’s personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee’s permanent personnel record.

At or before time of placement, employees shall be given copies of all letters or memoranda concerning the employee’s job performance which are to be placed in the employee’s official personnel file(s).

40.2 Letters of Reprimand

The County agrees to investigate and, if proper, to correct any factual inaccuracies which may exist within Letters of Reprimand. This investigation may be done by a manager or a representative of the Employee Relations Division. The employee may request at which level she/he wishes the matter to be investigated, however, the final decision as to who will investigate the issue will be made by the Director of the Human Resources Department.

Employees may request in writing to the Department Head with a copy to Employee Relations that letters of reprimand which are two (2) or more years old shall be removed and destroyed. Said letters of reprimand shall be removed and destroyed provided the following conditions are met:

(1) The file does not contain subsequent letters of reprimand or records of disciplinary action involving the same type of infraction in which case the prior letter of reprimand will remain in the employee’s personnel file until the most current related letter of reprimand or record of disciplinary action is two (2) years old.

(2) The employee has not been notified in writing of pending disciplinary action at the time the written request to remove said letters of reprimand is received by the Department Head.

40.3 Criminal Investigation

This Section does not apply to the records of an employee relating to the investigation of a possible criminal offense or to letters of reference; provided, however, that pre‑employment reference materials obtained in confidence shall be removed from official personnel files after one year of continuous County employment.

With regards to the investigation of a possible criminal offense, if such investigation leads to neither conviction nor to disciplinary action, reference to the investigation shall be removed from the employee’s personnel file. If the criminal investigation results in conviction and/or disciplinary action any reference to the investigation which may be in the employee’s personnel file will be retained and will be subject to inspection pursuant to this Section.

41.1 Wellness Committee

One employee representative from SEIU 521 may participate in the County Wellness Committee. The Union may designate an alternate representative to attend meetings when a regular representative is unavailable.

41.2 EEO Advisory Committee

The County agrees that SEIU 521 may designate one employee to serve on the EEO Advisory Committee. The Union may designate an alternate representative to attend meetings when a regular representative is unavailable.

41.3 Central Safety Committee

The County agrees that SEIU 521 may designate one employee to serve on the Central Safety Committee. The Union may designate an alternate representative to attend meetings when a regular representative is unavailable.

Occupational health and safety are the mutual concern of the Employer, the Union and employees. Any workplace safety or health problem which is identified within the County should be directed to the supervisor, departmental Safety Committee or safety representative, County Safety Officer or the County’s Central Safety Committee, as appropriate, for review and/or investigation. Options for resolution include, but are not limited to, immediate mitigation of the hazard/problem, direct investigation, and/or convening a labor/management committee specifically for the purpose of investigating and attempting to resolve the safety or health problem.

41.4 Deferred Compensation Committee

The County agrees that SEIU 521 may designate one employee to serve on the Deferred Compensation Committee. The Union may designate an alternate representative to attend meetings when a regular representative is unavailable.

In the event that any provision of this MOU is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the MOU shall be null and void but such nullification shall not affect any other provisions of this MOU, all of which other provisions shall remain in full force and effect.

43.1 Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the Board of Supervisors is not guaranteed by this MOU.

43.2 This MOU shall supersede all existing memoranda of understanding between the County and the Union.

44.1 Employees Hired before August 7, 2011

Effective March 13, 2005, the County implemented the 2%@55.5 retirement enhancement (Government Code Section 31676.14) for employees in Plans 1, 2 or 4.

The enhancement applies to all future service and all service back to the date of employment pursuant to the Board of Supervisor’s authority under Government Code section 31678.2(a). Government Code section 31678.2(b) authorizes the collection, from employees, of all or part of the contributions by a member or employer or both, that would have been required if section 31676.14 had been in effect during the time period specified in the resolution adopting section 31676.14, and that the time period specified in the resolution will be all future and past general service back to the date of employment. Based upon this understanding and agreement, employees will share in the cost of the 31676.14 enhancement through increased retirement contributions by way of payroll deductions and shall contribute 3% of compensation earnable as defined in SamCERA regulations. These contributions will not be reduced by the employer pick‐ups described in Section 44.

The County paid a general wage increase of pay as set forth in Section 5.1 of this MOU, and it is understood and agreed that this wage increase will help employees pay the increased retirement contributions.

Plan 3: Non-contributory plan, Plan 3 is closed to all employees hired on or after December 23, 2012. If an employee is already in Plan 3, the employee has the option to transfer to Plan 2 or 4 after providing the equivalent of five years of consecutive service (10,400 hours) to the County. These employees may elect to transfer by entering into an agreement with the San Mateo County Employees’ Retirement Association (SamCERA) to pay all of the incremental employee and employer contributions that would have been required if the employee had been in Plan 2 or Plan 4 since the date of employment, plus interest.

44.2 Employees hired Between August 7, 2011 and December 31, 2012

The retirement benefit options shall be:

Plan 5: 1.725% @ 58 (pre‐enhancement tier) with no 3% cost share. Current Plan 4: 2% @ 55.5 (as described in 25.3 above) is closed to new employees hired on or after the effective date of the commencement of Plan 5. However, employees may transfer into Plan 4 after providing the equivalent of ten years (20,800 hours) of service in Plan 5, and entering into an agreement with the San Mateo County Employee’s Retirement Association to pay all of the employee and employer contributions that would have been required if the employee had been in Plan 4 since the date of employment, plus interest.

Plan 3: Plan 3 is closed to all employees hired on or after December 23, 2012. If an employee is already in Plan 3 with the option to transfer to Plan 5 after providing the equivalent of five years of service (10,400 hours) to the County that option is for future Plan 5 service only. After providing the equivalent of ten years of service (20,800 hours) to the County, employees may elect to transfer to Plan 4 by entering into an agreement with the San Mateo County Employees’ Retirement Association (SamCERA) to pay all of the incremental employee and employer contributions that would have been required if the employee had been in Plan 4 since the date of employment, plus interest.

44.3 Employees hired on or after January 1, 2013

Employees hired on or after January 1, 2013 will be placed into Plan 5 or Plan 7 (2%@62) depending upon their legacy eligibility as determined by SamCERA.

44.4 Retirement COLA Cost

Employees hired on or after August 7, 2011 will pay 50% of the Retirement COLA cost as determined by SamCERA. COLA costs are included in the Plan 7 statutory rate.

Effective July 3, 2016, all employees will pay fifty percent (50%) of the Retirement COLA cost as determined by SamCERA.

Longevity pay shall be paid as follows:

(1) One percent (1%) of base salary after the equivalent of five (5) years of full time County service (10,400 hours).

(2) An additional one and one-half percent (1.5%) of base salary (for a total of two and one half percent (2.5%)) after the equivalent of ten (10) years of full time County service (20,800 hours)

(3) An additional one and one-half percent (1.5%) of base salary (for a total of four percent (4%)) after the equivalent of twenty (20) years of full time County service (41,600 hours)

(4) An additional two percent (2%) of base salary (for a total of six percent (6%)) after the equivalent of twenty-five (25) years of full time County service (52,000 hours)

The County will notify the Union of its intent to contract or subcontract work customarily performed by members of the SEIU bargaining units where such contracting or subcontracting would result in loss or potential loss through attrition or layoff of such bargaining unit members. The County will make such notification at least 60 calendar days in advance of such action. The notice shall include an explanation of the County’s reason for proposing such contracting/subcontracting. The Union shall be given the opportunity to meet with the County to discuss the decision to contract out, and to meet and confer on the effect of such contracting out upon its members. The Union shall have 30 calendar days from the date of such notification to propose effective and economical alternative ways in which such services could continue to be provided by the County’s own employees.

This MOU shall be presented by the Union to the employees to be covered hereby for ratification by said employees, and shall thereafter be presented to the Board of Supervisors and, if appropriate, to the Civil Service Commission as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing October 3, 2021 – October 5, 2024.

Made and entered into this 31 day of March 2022.

5.1 Salary Ranges

The salary ranges for all employees in the aforementioned representation units will be as set forth in the Exhibits which are attached hereto and made a part hereof.

The rates of pay set forth in the Exhibits represent for each classification the standard biweekly rate of pay for full-time employment, unless the schedule specifically indicates otherwise. The rates of pay set forth in the Exhibits represent the total compensation due employees, except for overtime compensation and other benefits specifically provided for by the Board of Supervisors or by this MOU.

The rates of pay set forth in the Exhibits do not include reimbursement for actual and necessary expenses for traveling, subsistence, and general expenses authorized and incurred incident to County employment.

As reflected in the Exhibits, salaries shall be adjusted as follows.

Effective the first full pay period following Board of Supervisors’ approval of a successor MOU in 2022, there shall be a three percent (3%) cost of living adjustment for all represented classifications.

Effective the first full pay period following Union ratification and Board of Supervisors’ adoption of a successor MOU in 2022, each full-time employee in active paid status will receive a lump sum payment of two thousand dollars ($2,000) as a non-discretionary incentive to ratify the agreement. It is the intent of the parties that the lump sum payments will not be treated as salary or wages, as the payments are not provided as compensation for hours of employment or longevity pay. The lump sum payments will not be included in overtime/regular rate of pay calculations, and there will be no roll up effect of the lump sum payments. The County will withhold taxes from lump sum payments in accordance with federal and state requirements. The lump sum amount will be prorated for part time employees.

Effective October 2, 2022, there shall be a three percent (3%) cost of living adjustment for all represented classifications.

Effective October 1, 2023, there shall be a four percent (4%) cost of living adjustment for all represented classifications.

5.2 Entrance Salary

Except as herein otherwise provided, the entrance salary for a new employee entering County service shall be the minimum salary for the class to which they are appointed. When circumstances warrant, the Human Resources Director may upon recommendation of the department head approve an entrance salary which is more than the minimum salary. The Director’s decision shall be final. Such a salary may not be more than the maximum salary for the class to which the employee is appointed unless such salary is designated as a “Y” rate by the Board of Supervisors.

5.3 Salary Step Increases

Permanent and probationary employees serving in regular established positions shall be considered by the appointing authority on their salary anniversary dates for advancement to the next higher step in the salary schedule for their respective classes based on hours served in that classification as defined below. A step shall be defined as 5.74%, and all references to a “step” in this agreement are understood to equate to 5.74%. All increases shall be effective at the beginning of the next full pay period. Salary range adjustments for a classification will not set a new salary anniversary date for employees serving in that classification.

(1) After completion of 1040 regular hours of satisfactory service in Step A of the salary schedule, and upon recommendation of the appointing authority, the employee shall be advanced to the next higher step in the salary schedule for the classification. If an employee is appointed at a step higher than the first step of the salary range for that class, the first merit increase shall be after completion of 2080 regular hours of satisfactory service.

(2) After the completion of 2080 regular hours of satisfactory service in each of the salary steps above A, and upon recommendation of the appointing authority, the employee shall be advanced to the next higher step in the salary schedule for the classification until the top of the range is reached.

(3) If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first pay period when eligible, said advancement shall be made retroactive to the first pay period when eligible. This section also applies to fully flexibly staffed promotions in which case the advancement shall be made retroactive to the first pay period when approved by the appointing authority.

(4) When recommended by the appointing authority and approved by Human Resources Director, employees may receive special merit increases at intervals other than those specified in this Section. The Director’s decision shall be final. Changes in an employee’s salary due to promotion, upward reclassification, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee.

(5) If an employee completes the 1040 or 2080 hours in the middle of a pay period, the employee shall be eligible for an increase as follows:

a. If the merit increase period is completed during the first week of a pay period the increase will be effective with the start of the then current pay period.

b. If the merit increase period is completed during the second week of a pay period the increase will be effective with the start of the next pay period.

5.4 Salary Anniversary Dates

Employees who are rejected during the probationary period and revert to their former classification shall return to the salary anniversary date held in the former class unless otherwise determined by the Human Resources Director. The salary anniversary date for an employee shall not be affected by a transfer, downward reclassification or a demotion.

A permanent employee accepting provisional employment in a higher or different class in the County Classified Service, who reverts to the former classification, shall retain the salary anniversary date in the former class on the same basis as if there had been no such provisional appointment.

Upon recommendation of the appointing authority and approval by the Human Resources Director, provisional, temporary and extra-help employees shall be advanced to the next higher step in the salary schedule upon completion of the periods of service prescribed in this Section, provided that their service has been satisfactory. Also, continuous service in provisional, temporary, or extra-help capacity shall be added to service in a regular established position for the purpose of determining an employee’s salary anniversary date, eligibility for salary increases, as well as vacation and sick leave accrual.

However, such service may not be added if it preceded a period of over 28 consecutive calendar days during which the employee was not in a pay status, except by approval of the Human Resources Director or except when the employee is absent from their position by reason of an injury or disease for which they are entitled to and currently receiving Employees’ Compensation benefits.

5.5 Salary Step When Salary Range is Revised

Whenever the salary range for a class is revised, each incumbent in a position to which the revised schedule applies shall remain at the same step as in the previous range, unless otherwise specifically provided by the Board of Supervisors.

5.6 Salary Step After Promotion

When an employee is promoted from a position in one class to a position in a higher class and at the time of promotion is receiving a base salary equal to, or greater than, the minimum base rate for the higher class, that employee shall be entitled to the next step in the salary schedule of the higher class which is at least one step above the rate they have been receiving, except that the next step shall not exceed the maximum salary of the higher class.

5.7 Salary Step After Demotion

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee’s compensation shall be adjusted to the salary prescribed for the class to which demoted, and the specific rate of pay within the range shall be determined by the Human Resources Director, whose decision shall be final; provided, however, that the Board of Supervisors may provide for a rate of pay higher than the maximum step of the schedule for the employee’s classification, and designate such rate of pay as “Y” rate (see Section 5.8), and also provided that an employee demoted as a result of abolition of position shall be placed at the salary step in the lower classification which most closely approximates (but does not exceed) their salary in the higher classification.

If an employee voluntarily demotes to a class previously held, the employee shall be placed at the same step in that class which the employee held last. The employee’s service time at such step shall be the same as the service time held at such step previously.

In order to further the movement from lower-level to higher-level careers, an employee taking a voluntary demotion to a classification in the higher series (e.g., clerical employee to Benefits Analyst I class) shall be placed at the salary step in the new salary range which most closely approximates such employee’s salary in the prior class.

5.8 Reclassification of Position

An employee in a position reclassified to a lower class shall have the right of either (1) transferring to a vacant position in their present class in the same or another department, provided the head of the department into which the transfer is proposed agrees, or (2) continuing in the same position in the lower class at a “Y” rate of pay when the incumbent’s pay is higher than the maximum step of the salary range for the lower class.

5.9 “Y” Rate Process Upon Reclassification

When an employee is reclassified downward, they shall continue in their present salary range, with cost of living adjustments, for two years, at which point the employee’s salary shall be frozen (“Y” ‑ rated) until the salary assigned to the lower class equals or exceeds such “Y” rate. The “Y” rate provisions of this Section shall not apply to layoffs, demotions, or other personnel actions resulting in an incumbent moving from one position to another.

5.10 Thursday Night Paychecks

The County will make biweekly paychecks available to employees who are assigned to and working a shift as defined in Section 8, on the Thursday evening prior to the regular Friday pay day. It is understood that events may occur which may make delivery of Thursday paychecks impractical. The Union shall hold the County and its officers and employees including the Controller, harmless for failing to make available paychecks on Thursday evenings as provided above. Employees subject to wage garnishment shall not be eligible for Thursday night availability of paychecks.

The standard workweek for employees occupying full-time positions consists of forty (40) hours unless otherwise specified by the Board of Supervisors. The appointing authority shall fix the hours of work with due regard for the convenience of the public and the laws of the State and the County. Employees occupying part-time positions shall work such hours and schedules as the Board and the appointing authority shall prescribe.

6.1 Out-of-Town Weekend Work Assignments

Any employee who is assigned work that requires him or her to be out of town overnight on one or more weekend days shall be compensated as follows:

(1) $50.00 per day for each weekend day (Saturday and/or Sunday) the employee is out of town.

(2) Regular and/or overtime compensation as provided in the MOU for each hour actually worked during such assignments, subject to usual pre-approval requirements.

Travel time for such assignments shall be compensated at actual time traveled portal to portal. If such travel time results in actual time worked of more than forty (40) hours per week, then such time shall be paid pursuant to the provisions for Overtime set forth in Section 7 of this MOU.

6.2 Alternate and Flexible Work Schedules

The County agrees that the availability of alternative/flexible work schedules is a valuable benefit to employees in that they promote job satisfaction while also reducing traffic congestion and air pollution.

The parties agree to work together to achieve the many benefits of Transportation Systems Management. To that end, the parties agree that, at the request of either party, the parties shall meet and confer regarding the establishment of alternative work schedules (4/10, 9/80, flex time, job sharing, etc.), voluntary time off, expansion of the telecommuting prototype, and other related issues.

The County may, on a department by department, division by division, or unit by unit basis, offer alternative work week options. Such options may include, but are not limited to, 4/10 workweek, 9/80 scheduling, flexible schedules and job sharing. Should a department or division agree to enter into an alternative workweek agreement, the department, except in cases of emergency as provided below, also agrees to meet with the Union as soon as any problems with the alternative schedules are identified. Except in cases of emergency, alternative schedules shall not be discontinued without such a meeting taking place. In all decisions regarding alternative work schedules, the department head’s decision is final.

In cases of emergency, when the foregoing procedure is not practical or in the best public interest, the County may adopt or put into practice immediately such measures as required. At the earliest practicable date thereafter, the Union shall be provided with the notice described in the preceding paragraph, and be given an opportunity to meet with the appropriate management representative(s).

6.3 Voluntary Time Off

Full-time, permanent employees may request a reduction in their work hours through the Voluntary Time Off (VTO) Program as described in the County’s Voluntary Time Off Policy as summarized herein. Employees may apply for the VTO Program at any time during the year. Application forms shall be made available through payroll clerks and the Benefits Office. Approved applications for enrollment received after April 1st of each year will be effective the first pay period in July of that year. Approved applications received prior to April 1st will be effective the pay period following receipt of approved applications in Human Resources Department.

Participating employees shall be considered to be in a full-time pay status and the voluntary reduction in work hours will have no effect on the following benefits:

– Health Insurance Coverage – Dental Insurance Coverage

– Basic Life Insurance – Short Term Disability

– Pay for Work-Out-Of-Class – Step Increases

– Probationary Period – Seniority

– Supplemental Life Insurance

There will be no effect on accrual of vacation, sick leave and holidays; however, all regular or normal time taken off during the program for vacation, sick leave, holiday, or compensatory time will be compensated at the reduced hourly rate.

The following benefit areas may be impacted by VTO under the following circumstances:

Overtime: Overtime compensation will not begin until after forty (40) hours have been worked during any one work week, and voluntary time off shall not be considered as time worked when determining eligibility for overtime compensation.

Long Term Disability: Because the Long Term Disability Plan is based on the employee’s salary, the reduced work hours and/or the corresponding reduced salary may lower the premiums and the benefits derived.

Retirement: VTO does not impact years of service, but may impact calculation of compensation. Employees should contact the Retirement Office for detailed information.

All applications are subject to approval by the applicant’s department head. Applications which are disapproved by the department head, or which are approved for a lesser amount of time than requested will be reviewed by the County Manager and the Human Resources Director whose decision is final.

7.1 Authorization

All compensable overtime must be authorized by the department head or their designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked. Overtime worked must be in the job classification in which the person is regularly employed or in a classification for which the employee is authorized higher pay for work in a higher classification.

7.2 Definition

Except as otherwise provided by Charter, any authorized time worked in excess of the forty (40) hour weekly work schedule shall be considered overtime and shall be compensable at the rate of one and one-half (1 1/2) times the overtime worked, whether compensated by monetary payment or by the granting of compensatory time off.

For purposes of determining eligibility for overtime compensation, only holiday time off on County-recognized paid holidays shall be considered as time worked. All other absences with pay shall not be considered time worked, except vacation and Compensatory Time Off shall count as hours worked when the employee is called back to work after regular hours pursuant to Section 7.4 of this MOU. Effective November 2014, in exchange for the change in overtime eligibility, the salary schedules for all employees were increased by one-half percent (0.5%).

The smallest increment of working time that may be credited as overtime is six (6) minutes. Portions of six (6) minutes worked at different times shall not be added together for the purpose of crediting overtime. If an employee works three minutes or less of the next tenth, the employee should round down. For example, if an employee whose normal work schedule ends at 5:00 p.m. works until 5:03 p.m., the employee should round down and not report the additional three minutes. An employee who works in excess of three (3) minutes of the next tenth should round up to the next tenth. For example, if an employee whose normal work schedule ends at 5:00 p.m. works until 5:04 p.m., the employee should report an additional tenth of an hour of time worked. Overtime shall be calculated from the employee’s base pay only unless monetary payment at a different rate is prescribed for an employee covered by the Fair Labor Standards Act.

7.3 Work Groups

The Human Resources Director shall allocate all job classifications to the following described work groups for purposes of determining categories of employees to be compensated by monetary payment or by compensatory time off. The decision of the Director shall be final; provided, however, that prior to changing the work group of an existing classification covered by this MOU the Director shall notify the Union of the contemplated change and if requested, discuss with the Union the reasons for the work group change.

(1) Work Group 1: All employees covered by the Fair Labor Standards Act shall be allocated to Work Group 1. Employees in Work Group 1 may be compensated for overtime worked either by monetary payment or by compensatory time off, at the option of the employee, except wildfire assistance and disaster relief work that is reimbursable by the State or Federal government will be compensated solely by monetary payment and not by compensatory time off. This provision is not intended to prevent those positions funded by State or Federal funds on an ongoing basis from earning compensatory time off.

Compensatory time off which accrues in excess of eighty (80) hours must be liquidated by monetary payment. All monetary payments for overtime must be paid not later than the next biweekly payroll following the pay period in which the overtime was worked.

(2) Work Group 2: Employees in Work Group 2 may be compensated for overtime worked only by being allowed compensatory time off, except wildfire assistance and disaster relief work that is reimbursable by the State or Federal government will be compensated solely by monetary payment and not by compensatory time off. This provision is not intended to prevent those positions funded by State or Federal funds on an ongoing basis from earning compensatory time off.

No more than two hundred forty (240) hours of such compensatory time off may be accumulated at any one time. Compensatory time off which accrues in excess of two hundred forty (240) hours must be liquidated by monetary payment.

When an employee in Work Group 2 is separated from County service, their remaining compensatory time shall be added to their final compensation.

a. Note: Work Groups 3 and 4 pertain to employees not covered by this MOU.

(3) Work Group 5:  Employees in Work Group 5 are exempted from the Fair Labor Standards Act and may be compensated for overtime worked either by monetary payment or by compensatory time off, at the option of the employee. Compensatory time off which accrues in excess of eighty (80) hours must be liquidated by monetary payment.

Notwithstanding the allocation of job classes to work groups, any employee covered by the Fair Labor Standards Act shall be compensated in accordance with the Act.

Should the County, through some future Federal ruling, be exempted from the Fair Labor Standards Act, the County shall then revert to the base rate for the computation of overtime.

7.4 Call Back

Employees required to physically report back to work during off-duty hours shall be compensated for a minimum of three (3) hours of overtime pay.

Full-time employees required by their supervisor to conduct work via a remote connection (telephone or computer) during off-duty hours shall receive overtime pay for a minimum of thirty (30) minutes and any additional actual time worked rounded up to the nearest six (6) minute increment. Part time employees will receive compensation for work via a remote connection during off-duty hours in accordance with hours worked within the workweek.

7.5 Compensatory Time Off

Utilization of compensatory time off shall be by mutual agreement between the department head and the employee. The smallest increment of compensatory time which may be taken off is 6 minutes.

7.6 Scheduled Workday

Employees covered by this MOU will not have a scheduled workday reduced in whole or in part to compensate for time they are ordered to work in excess of another regularly scheduled workday.

8.1 Definition

(1) Shift differential pay, for the purpose of this Section, is defined as pay at a rate that is 8% above the employee’s base pay.

(2) Notwithstanding paragraph (1) above, the biweekly shift differential pay for full-time employees shall be at least twenty dollars ($20.00) above the employee’s base pay, to be prorated for part-time employees.

8.2 Applicable Shifts

Effective as soon as possible but no later than within the first three pay periods following Board of Supervisors’ adoption of a successor MOU, employees who are regularly assigned by a supervisor to work a shift of eight (8) hours or more that starts after11:59 a.m. and before 1:01 a.m. shall be paid shift differential rates for all hours worked during such shift. To be eligible for shift differential, such shifts must be approved by the Department Head or designee. Time worked on a flexible schedule requested by the employee and approved by the supervisor shall not be eligible for shift differential.

Effective as soon as possible but no later than within the first three pay periods following Board of Supervisors’ adoption of a successor MOU, employees in Records and the Jail (Sheriff’s Department) who work day shift, and who are assigned by the Department to continue to work past the end of their shift for at least four (4) hours to cover part or all of swing shift, or to come in early to cover part or all of grave shift for at least four (4) hours contiguous with their regular shift, will receive shift differential for the swing or graveyard shift hours. If an employee in Records or the Jail, who regularly works a shift differential-eligible shift, is required to work overtime at the end of their shift with no break, the employee will receive shift differential for the additional overtime worked.

8.3 Split Shifts

A split shift shall be defined as a daily work schedule that is interrupted by non-paid, non-working periods established by the County, other than bona fide rest or meal periods.

Employees who are assigned to, and work, a split shift as defined in this Section shall be paid a minimum of one (1) hour of pay at the California state minimum wage, in addition to the shift differential described in Section 8.2 where applicable.

For employees who work a split shift, hours worked before 11:59 am shall not be combined with hours worked after 11:59 am in order to achieve the requisite eight (8) hours for shift differential pay described in Section 8.2 entitled “Applicable Shifts.”

Where shift differential is paid, it will only be paid for actual hours worked, not for the additional one (1) hour of pay at the California state minimum wage.

If an employee has been receiving a shift differential or some other differential or pay for work-out-of‑class as provided in this MOU or in the Salary Ordinance for thirty (30) or more calendar days immediately preceding a paid holiday, or the commencement of a vacation or the commencement of a paid sick leave period, or compensatory time off, as the case may be, the applicable differential shall be included in such employee’s holiday pay, vacation pay, paid sick leave or paid compensatory time. The vacation, sick leave, holiday and compensatory time off pay of an employee on a rotating shift shall include the shift differential such employee would have received had they been working during such period.