*10.3 Personnel Transactions Flashcards
Any person having probationary or permanent status has the privilege (not the right) of requesting reinstatement if the individual was separated from a position with the Department:
(1) By resignation
(2) By service retirement
(3) By termination from limited term, temporary, career executive assignment, or exempt appointment
(4) Absence without leave, whether voluntary or involuntary
(5) Without a break in continuity of state service to accept another civil service or exempt appointment.
Is a probationary period mandatory for Permissive reinstatements, if so how long
yes, one year
12 month probationers will receive written appraisals how often
4 months, 8 months, 12 months, and more frequently as necessary
2 types of separations
Temporarty and Permanent separations
Six temporary separations
a. Leave of Absence or Military Leave.
b. Suspension.
c. Termination for Medical Reasons.
d. Involuntary Leave.
e. Layoff.
f. Disability Retirement.
List 8 types of Permanent Separations
a. Dismissal or Rejection During Probationary Period.
b. Voluntary Resignation.
c. Automatic Resignation.
d. Termination for failure to meet conditions of employment.
e. Termination of Limited term or temporary authorization appointment.
f. termination of emergency, career executive assignment, or exempt appointment.
g. Service Retirement.
h. death.
Collections methods for overpayment
a. Payroll deduction(s).
b. Personal check/cash payment(s).
c. Use of leave credits.
What form is needed to request secondary employment request
CHP 318
A censurable Form 2 shall, or shall not, include the Basemore
Shall not include
What breaks a tie in departmental seniority?
The highest social security number (last four digits) will signify the most senior person
Employees on a 12-month probation (refer to Annex A, Classifications Requiring a 12-Month Probationary Period) will receive written appraisals at ____ months, ____months,____ months, and more frequently as necessary.
4, 8, 12 months
Uniformed employees who are on an approved leave of absence for 12 continuous months to 2 years are required to complete __________Training at the Academy prior to resuming field-related duties at their assigned
commands
Refresher
Uniformed employees who are on an approved leave of absence for over 2 years are required to complete ___________ Training at the Academy prior to resuming field-related duties at their assigned commands.
Reinstatement
In accordance with Government Code Section 3306, an employee may file a written response within 30 days to any adverse comment entered in his/her personnel file. When such responses are received, Commanders shall ensure a copy of the response is attached to all existing copies of the______.
CHP 2
In the event a CHP 2 was previously issued for an act or incident which is
subsequently included in a “Request for Adverse Action,” the CHP 2 _____ be
removed from the employee’s personnel file and ________. The Commander
shall ensure the employee is notified of this in writing. The Commander shall
also ensure that all existing departmental copies of the CHP 2 are purged and
destroyed
SHALL / DESTROYED
A former uniformed employee must apply for
reinstatement within how many years of
separation?
3 years.
What is the maximum travel distance from
residence to work location for non-command
employee using a state vehicle?
50 miles.
How many hours must an employee work during their 12-month probationary period?
1680 Hours.
Which of the following is NOT a nondiscretionary Leave?
A: Pregnancy or Parental Leave.
B: Adoption Leave
C: Veterans’ Educational Leave.
D: Military Leave.
B: Adoption Leave.
Uniformed employees who are on an approved leave of absence for 12 continuous months to 2 years are required to complete Reinstatement Training at the Academy. True or False?
False. Refresher Training is required.
What form is used to request
secondary employment?
CHP 318
Incident Reports (CHP 2) should be utilized to
accomplish the following:
(1) Record commendable acts
(2) Record censurable acts
How often will a new Electronic Security Access
(ESA) ID card be issused?
Every 5 years at the time of the employee’s
annual performance appraisal.
An employee who has ___________ of service in a monthly pay period shall be considered as having a complete pay period of qualifying service for purposes of determining sick leave credits.
11 or more working days
What form is an application for all examinations?
STD 678
What type of points that can be added to application scores?
- Seniority points (uniformed promotions)
How much time on is required to promote to Sergeant?
36 Months. 24 months enforcement. Break in period does not count towards time.
How much time on spent primarily on enforcement duties is required to promote to sergeant?
24 months
Can you count time working out of class (at a higher class) toward your time in that grade?
Yes
Who are permissive reinstatements at the discretion of?
The commissioner or designee
What is the maximum time after separation a uniformed member can apply to be reinstated?
Three (3) years
Does the reinstatement process have to be completed within the three (3) years?
No
Will you be reinstated at the rank you left the Department?
All reinstated uniformed members come back at the rank of officer
If the Department requires an employee to transfer (non-punitive) how much notice must be given?
Sixty (60) days with exceptions for layoffs, and other reasons
When using a state vehicle, what is the maximum distance you can reside from your office?
70 miles for commanders, 50 miles for non-commanders
If a command relocates can the Department require the assigned employees to move?
Yes, but the state pays relocation fees
On or before the first day of work, what is required?
Take the Oath of allegiance and sign the Declaration of Permission to Work for Persons Employed by the State of California.
Who is required to take the oath of allegiance?
All employees except legally employed noncitizens
Is a new STD 689 (oath and declaration) required if an employee reinstates?
Yes, if they had permanently separated
Who can administer the Oath?
Sergeants and above and non-uniformed commanders and their alternates
How much is a ”Step” in a salary range?
Five (5%) Percent
Who gets flight duty pay?
An officer or sergeant assigned as a full-time pilot or flight officer
Does a punitive suspension affect the employee’s merit salary adjustment date/anniversary?
NO
Do voluntary reinstatees have to serve a new probationary period?
Yes, but not when the reinstatement is mandatory
When are written appraisals for employees with a 6-month probation period?
At 2, 4, and 6 months.
Can written appraisals be more frequent?
Yes, as needed
When are written appraisals required for employees with a 12-month probationary period?
At 4, 8, and 12 months
Does vacation, 4800, sick leave, etc. count toward meeting the time of the probation period?
NO. There is a minimum number of work hours required
How long can the probationary period be extended to make a reasonable accommodation for a disabled employee?
Up to 6 months
What are the types of leaves of absence are there?
Two (2), discretionary and nondiscretionary
Is adoption leave discretionary?
Yes
What determines if a leave is nondiscretionary?
The MOU
Do employees have to turn in their state equipment when on a leave of absence?
YES
When can an Area retrain and recertify an employee returning from a leave of absence?
When it is less than one year
Do employees returning from a leave of absence that was over one year have to complete the Reinstatement Training at the academy?
Only if the absence was over two years, if over one, but not two, it can be done by the academy as refresher training.
Do employees who are granted a discretionary leave of absence have a guaranteed right to return to their former position?
Yes
How long can a normal discretionary leave of absence be?
One year with a possible one year extension for a max of two years.
What is the maximum time that may be granted for an adoption leave?
One year
How long is a temporary leave of absence? Approved by Commander.
Not longer than 30 days
How are absences accounted for during temporary leaves of absence?
As DOCK time
What is the maximum a commander can grant “informal leave?’
11 working days in a 22-day period or 10 working days in a 21-day period
How long can a woman take for pregnancy/parental leave?
Up to a year (non-paid)
Who else can take up to a year off to care for a newborn?
A spouse, domestic partner, or parent (All without pay)
When a female employee becomes pregnant is she required to notify her commander?
YES, Immediately
Other than notification, is the pregnant female employee required to do anything else?
Yes, submit a statement from her health care provider regarding full or limited duties she can perform, and submit a CHP 209 Advisory: Potential Fetal Health Hazards
Associated with Firearms Training, signed by their health care provider
Do military reservist qualify for military leave when they do their yearly and monthly training?
Yes (non-paid)
What is the maximum leave time for FMLA?
12 weeks in a calendar year
Is FMLA paid or unpaid?
Unpaid
What is CFRA
California Family Rights Act. state version of FMLA
All employees are given a CHP 197, Receipt for Notice to Employees of Rights under FMLA, when they are hired. What is the SUPERVISOR’S responsibility for this?
Supervisors SHOULD provide a CHP 197 to employees at their annual performance review
Supervisors shall be responsible for completing and providing an employee with the ________ within _________ after the employee has submitted a request for an FMLA/CFRA leave or the supervisor becomes aware the employee’s leave may qualify for FLMA/CFRA.
CHP 738, 5 business days
How long does the SUPERVISOR have to provide employees requesting FMLA with a CHP 738?
Within five (5) business days
Shall the SUPERVISOR give an employee a CHP 738 if they have not yet applied for the leave, but the SUPERVISOR believes they may qualify for the leave?
YES, SHALL
Can the Department accept a health care provider’s form, or is the CHP 740 the only form that is acceptable?
Any form is acceptable
Can the Department require a second opinion if they don’t believe the first?
Yes, at the Department’s expense
Can the Department get a second opinion for a family member of the employee?
NO
If the Department requests recertification of the medical issue, how often can the requests be made and at whose expense?
No more than every 30 days and at the EMPLOYEE’s expense
Can an employee take leave intermittently or work a reduced schedule after birth of a child or an adoption?
Only if the Department agrees
When must FMLA for birth/adoption be taken?
Within 12-monts of the event
If both parents are employed by the state, can they both get 12 weeks off for birth/adoption?
NO, 12 weeks in combination
Can an employee work overtime while on FMLA?
Yes, if outside of the employees normal work hours AND if the leave was NOT for the employees own medical condition or if the employee is on UNPAID leave.
Can the Department require the employee to work light duty in lieu of allowing FMLA/CFRA leave?
NO
What is the smallest increment FMLA/CFRA can be takin in?
15 minutes
Can a SUPERVISOR designate an employee’s absence as FMLA/CFRA leave even if the employee does not want it and does not submit the forms?
YES, they “May”
How long can an employee collect Non-industrial disability leave?
26 weeks maximum
How long can an employee collect Non-industrial disability insurance?
26 weeks maximum
What is the max an employee can receive from Non-industrial disability insurance if they are on vacation/sick program?
$135 per week
What can employees who are on the annual leave program receive from Non-industrial disability insurance (NDI)?
50% of their gross pay that can be supplemented with leave credits to make up to 100%
Does an employee have to use all their leave credits before going on NDI?
NO
Can nonindustrial disability insurance (NDI) be used for pregnancy?
YES
Can an employee on Non-Industrial Disability Insurance (NDI) return to partial work status?
Yes, if agreed to and medically cleared
How many types of separation are there?
Two, Temporary and permanent
How long do employees have to dispute a termination for medical reasons?
15 days after notice of termination
Is termination for medical reasons disciplinary or adverse action?
NO
Can the Department request disability retirement on the employee’s behalf?
YES
Can an employee withdraw their resignation?
Yes, if they do so before the resignation effective date
If you are involuntarily AWOL for five (5) or more days is it considered an automatic resignation?
Yes. Voluntary and involuntary
When is service considered to have been made for an AWOL employee?
Five days after the letter was postmarked for in-state and 10 days for out-of-state, or 20 days if out of the country.
How long does the employee have to request reinstatement to CalHR after service of AWOL separation?
15 days if served personally, or if not they have 90 days.
