10.3 Personnel Transactions Flashcards
Prior to July 1, 1986, the State Personnel Board (SPB) maintained central control over the administration of civil service examinations. State departments now conduct their own examinations under the Decentralized Testing Program. Effective July 1, 2012, SPB merged with _______.
the Department of Personnel Administration, creating the California Department of Human Resources (CalHR).
What is the procedure for filling a vacant non-uniform employee position?
- CHP 127 (Request for position Action) completed and sent through channels to the appropriate AC.
- CHP 129 (Duty Statement)
- Org Chart
- Comm-Net Message
Who can approve a CHP 127 (Request for position Action)?
The appropriate commissioner. A communications center Commander may approve a PSD and a PSO.
When hiring non-uniformed personnel, it is important for the command to :
refer to the respective bargaining unit contract and General Order (GO) 10.6,
Commands shall advertise vacancies for a minimum of ______ days. The advertisement is valid for ____ days.
10 / 180 days
When interviewing a prospective employee, can the employer question them regarding prior criminal arrests that did not result in a conviction?
No, unless they are interviewing for the position of a peace officer or any position where they would have access to criminal offender record information. Labor Code Section 432.7
Is citizenship a requirement for employment?
Only for uniformed officers.
All requests for uniformed reinstatement (permissive) shall be submitted to the commissioner within ___ years of separation from the Department.
A former uniformed employee must apply for reinstatement to a uniformed position within three years of separation. The reinstatement process does not have to be completed within the three-year period.
Government Code Section 21193 states, in summary, an employee who applies for reinstatement and is no longer incapacitated for duty in the position held when retired for disability, or in a position in the same classification, shall be reinstated, at the employee’s option. What is the max. age?
The former employee must be at least six
months less than the age of compulsory retirement. Must complete reinstatement process.
Are uniformed officer required to live within close proximity to their assigned command?
Uniformed employees shall reside in such proximity to their assigned command or headquarters office as will assure their ability to respond to an emergency within a reasonable length of time or to allow equitable assignment of departmental responsibility. Note: May live out of state if listed in annex A of policy. Otherwise prior commissioner approval is required.
What are the mileage restrictions for state vehicles?
50 mile for non-commanders
70 miles for commanders
An employee on a 12 month probationary period is required to work ____ hours.
1680 hours (equivalent to 42 weeks)
Discretionary Leave. An unpaid leave may be granted to an employee if approved by the employee’s _________
commander or the appropriate Assistant
Commissioner, depending on the type of leave. An employee is not entitled to a
discretionary leave as a matter of right.
Uniformed Employees who return from a leave of absence are required to attend training an recertification? Who does it and
Less than 1 year: retrained/recertified at command
1 to 2 years: Refresher Training at Academy
2+ years: Reinstatement Training at Academy
Who is the final approving authority for a Temp. Leave of Absence Request (30 days)?
Commander
What is considered short term and long term military leave?
Less than 180 or more than 180 days
Name four types of Discretionary Leave, the following are types of leaves of absence:
(a) Regular leave of absence
(b) Adoption leave.
(c) Temporary leave of absence.
(d) Informal leave
What shall a uniformed employee do upon learning she is pregnant?
notify her commander and submit a statement from her medical care provider regarding her ability to perform full or limited duties.
shall submit a CHP 209, Advisory: Potential Health Hazards Associated with Firearms Training, signed by their medical care provider.
What benefits does FMLA provide?
employers to provide up to 12 weeks of unpaid, job-protected leave during a 12-month period (per calendar year)for eligible employees for specified family and medical reasons. And continuation of benefits.
IS FMLA paid or unpaid leave?
Technically it is an unpaid leave. However the department will allow employees to use accrued leave credits.
Are commanders required to post FMLA rights in the office?
Yes. Commanders shall post the U. S. Department of Labor’s (DOL’s) Wage and Hour Division Publication 1420, Employee Rights and
Responsibilities under the Family and Medical Leave Act, revised January 2009, Annex B, in a conspicuous place where it can be seen by employees and applicants for employment.
How long does an employee need to be in state service to qualify for FMLA?
To be eligible for FMLA/CFRA benefits, an employee must have at least
12 months (52 weeks) of state service; and worked at least 1,250 hours (actual
time worked) during the prior 12 months.
What are the qualifying events for FMLA?
- Birth/care of a newborn
- Care of an adopted/foster child
- Care of an immediate family member
- Own serious health needs (spouse, son, daughter, parent, domestic partner)
What is the major difference between FMAL and CFRA (Calif Family Rights Act)?
One is federal and the other is state. However CFRA does not allow for leave due to one’s own medical problems.
True or False: The state does not have to pay for the employees medical and dental insurance during FMLA or CFRA leave.
False
What is the max term of NDI (Non-industrial Disability Insurance)?
Payments may be authorized for a maximum of 26 weeks for one continuous period of disability, which is equivalent to 182 calendar days.
How much are employees entitled to for NDI payments?
Sick / vacation leave program: $135 per week
Annual leave: 50%. May use leave credits to supplement at 75% or 100%
What is State Disability Insurance (SDI) (for non-uniform)?
The SDI Program is a wage continuation program that pays part of an eligible employee’s wages if the employee is required to be absent from work due to a nonwork-related illness or injury or qualifying family leave.
What is a temporary separation from the Department?
leaves of absence including informal and temporary leave, military leave, suspension, termination for medical reasons, involuntary leave, layoff, and disability retirement.
What is a permanent separation?
dismissal; voluntary resignation; automatic resignation (Absent Without Leave [AWOL]); rejection during probationary period; termination for failure to meet conditions of employment; termination of limited term, temporary authorization (TAU), emergency, Career Executive Assignment, or exempt appointments; service retirement; and death of an employee.
If the employee has not contacted the commander at the end of the first ____hours of a scheduled shift, the commander should
attempt to contact the employee.
4 hours
How many consecutive days on AWOL does it take for an automatic resignation from the Department?
Must return to work within 5 working days
To be AWOL, is there a requirement for the absence to be voluntary or involuntary?
No. Can be either.
If the employee cannot be contacted. The commander shall_________________?
- Send a written notice to last know address
- Overnight mail, not certified
- Contain an implementation date with reasonable time to allow for an appeal
What is a Coleman Hearing?
This hearing is informal and should be conducted by an impartial and disinterested representative of the Department.
The decision maker must determine if the employee was absent for five consecutive workdays and if the absence was without leave.”Leave” does not mean leave time on the books. It means ________________.
“permission” from the employee’s supervisor to be absent.
Payment to discharged employees shall be paid when (all credits)?
- Within one week
- Within 72 hours
- At time of separation
- At time of separation
If an employee resigns, he must be paid when (all credits)?
- Within one week
- Within 72 hours
- At time of separation
- Within 72 hours
Retired peace officers may maintain the DMV confidentiality of their home address. How about employees who separate for other reasons?
May maintain for 3 years.
If a criminal complaint was filed against the employee the law allows the department to conduct an inspection of the home address. May maintain until an appeal is done. If convicted it will be eliminated.
Commanders shall interview each employee who is separating by resignation from state service or to accept employment in another state agency to determine _____________________.
Specific reasons for separation and recommendation to rehire.
If a uniform employee resigns, the commander shall advise the employee of what (in writing)?
- Dept may accept or deny permissive reinstatement within 3 years
- Permissive reinstatement after 3 years is prohibited by law
- Permissive reinstate will only receive a favorable consideration if certain guidelines are met.
If a sergeant resigns and receives a permissive reinstatement, s/he will return as a sergeant?
True or False
False. All go to rank of officer
Who shall a commander immediately notify when an employee files for retirement?
Personnel Transaction Unit
An employee may use sick leave, compensating time off (CTO), vacation/annual leave, or any other available credits hours while pending approval for disability retirement. Once
approved, the employee can only use ____________.
Sick or annual leave
What is the mandatory retirement age for uniformed employees?
“shall be retired on the first day of the calendar month succeeding that in which he or she attains age 60.”
Penal Code Section 12027.1(B) provides that a retired peace officer’s privilege to carry a concealed firearm may be revoked for the following reasons.
(1) Prior to a hearing for violation of any department rule, or state or federal law, that, if violated by an officer on active duty, would result in that officer’s arrest, suspension, or removal from duty.
(2) After a hearing which shows good cause for the revocation.
Who shall notify a retired peace officer that his CCW permit has been revoked?
The commander. It is also the commanders responsibility to notify the next level when he becomes aware that a retiree did something that may cause a revocation.
Which employees shall maintain a contact phone number?
All uniformed employees, PSD’s and PSDS, nonuniformed section commanders and Division chiefs
Which employees are eligible to have their home addresses confidential on their CDL (DMV INV 32)?
Peace officers, public safety dispatchers/dispatch supervisors, and Motor Carrier Specialist
Plus spouse and children.
What type of leave credits can be used for catastrophic leave donations?
annual leave, vacation, compensating time off (CTO), personal leave, and/or holiday credits
Catastrophic leave requests fall under which two categories?
- Injury or illness
- Natural Disaster
Can an employee work a secondary job while on sick time, injury leave or limited duty status?
Commanders may require written
assurance from an appropriate medical authority stating the secondary employment activity will not aggravate the injury nor prolong the employee’s recovery.
Conflict of Interest – Statement of Econimic Interests Form 700 - Who will determine if employees are in a position that is designated in the Department’s code.
Human Resources Section (HRS), Selection Standards and Examinations
Unit (SSEU)
New ID cards will be issued when the employee promotes and at the time of annual review every ____ years.
5
True or False – All benefits assistants shall be assigned to Division commands to assist employees?
False – All commands shall select a benefits assistant
In order for a domestic partner to be covered by insurance benefits, what Department must they register with _________________.
Secretary of State
If an employee is suspended for full pay period or longer s/he is considered to be in non-pay status. What must the employee pay into to continue medical benefits?
COBRA
Employees who resign may pay into COBRA for 18 months
All reports containing medical information for injury claims shall be maintained at the local office.
True or False
False - Medical reports, or copies of medical reports, shall not be retained at the local level after all command action has been completed. Will be forwarded to Business Services Section
What is the definition of Permanent and Stationary status?
An injury condition is considered to be permanent and stationary when future changes in the condition, either for the better or for the worse, are not expected to occur.
An employee may use sick leave while
on scheduled vacation if:
(1) The employee becomes injured or ill and is unable to continue vacation.
(2) The employee has a medical examination or treatment by a licensed practitioner.
Family Sick can be used for:
mother, father, husband, wife, domestic partner,son, daughter, brother, sister, or any person residing in the employee’s
immediate household.
When an employee’s sick leave absence is more than two consecutive work days, commanders shall indicate the method of
verification in this section. Those methods include:
- Telephone, Physician statement, home or hospital visit.
- If doctors visit was not done, a commnader may require a note from another person, ie. Spouse.
What is the maximum accumulation of vacation/annual leave credits for:
Non-uniformed:
Officers and Sergeants
Lt’s and above
640 hours
816 (1032 hours for duration of current contract)
752
Commanders shall allow employees who work more than 5 hours per day a minimum of _____ minutes for a meal and not more than ______ minutes.
30
60
Non-represented employees may get a rest period not to exceed _____ minutes each four hours of their work shift. The total time per day shall not exceed _____ minutes.
15
25
What is the max accumulation for CTO?
Uniformed and Non-uniformed
240
480
The 16.5 hour OT rule applies to what type of OT?
Voluntary
If an employee is called back more than 3 hours after the end of his shift does he claim call back or straight through?
Call back
When an employee is called back within ___ hours of the beginning of the employee’s next shift, call back credit shall be received only for the hours remaining before the beginning of the employee’s next shift.
4
The minimum time subject to dock pay is ______
10 minutes
State employees are or are not entitled to jury duty pay?
Are not. They will receive their normal pay.
Can an employee take a State Civil Service during normal working hours with pay?
Yes. As long as two day notice is given.
Election Day – Employees are granted a maximum of ___ hours work time to vote. May take more, but will not be paid for the rest
Two hours
In order to clarify sick time usage, a supervisor may ask an employee to document their medical diagnosis on the STD 634
True or False
False. General nature only.
The decision to implement an alternate work week is made by ____________
Commander with Division concurrence
Commanders may make an immediate temporary change or suspension of the alternate work week. To make a permanent change they must give ____day notice.
30
What happens if a vote of no less than 67 percent
(rounded to the closest whole number) of the affected and eligible employees in the command elects to change an existing workweek schedule to another.
Commander conducts a meet-and-confer.
Sergeant will be included in a separate vote
If an employee assigned to 12 hours shifts takes bereavement leave how is the time calculated?
the charge to bereavement leave shall not exceed 3 – 8-hour days (24 hours) per occurrence.
True or False
Only commanders are authorized to receive and distribute pay warrants?
False. Commanders may designate a person to do it for them.
Medical file must be kept where if they are in the office.
Locked file outside of personnel file.
In the event of an employee’s death. Their personnel file must immediately be sent to ___________.
the Personnel Files Services (PFS), Human Resources Section (HRS).
If an attorney requests to contact a former officer for testimony in a civil case, the Department may contact the employee, but information will not be given to the attorney unless _______.
DA for criminal case or AG for civil case involving the Department.
An employee’s rep may review the employee’s personnel file under what circumstances?
Written permission dated within the past 30 days
A commander may certify a sergeant as on-call when the sergeant is on call at least 10 days. What is the pay?
$50 per month plus OT adjustment
