HPM 10.3 Personnel Transactions Manual Flashcards
What are the residence requirements regarding proximity to an employee’s 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.
What are seniority points in regards to promotional exams and how are they calculated?
Seniority points (In promotional examinations for CHP uniformed classifications, each competitor will be allowed additional credit of one-quarter of a point for each full year served in the rank next lower than that for which the examination is given. Time in rank shall be computed from the date of appointment in the present rank to the date of the written examination. When written tests are not used, service is computed from the date of appointment in the present rank to the final filing date of the examination.
What are veterans preference points and when are they applicable?
Applicants who have veteran status are entitled to Veterans Preference Points in open entrance examinations and open, nonpromotional entrance examinations only, provided they obtain the passing mark established for the examination. Veterans Preference Points are not applicable in promotional examinations.
How many months of qualifying pay periods performing the duties of a CHP Officer are required before being eligible to take the Sergeant promotional exam?
A minimum of 36 months of qualifying pay periods with 24 qualifying pay periods performing enforcement related duties for a majority of the time.
What is the minimum advertisement period commands are required to advertise non-uniformed vacancies for?
10 business days.
What are the 3 requirements for a permissive reinstatement for a uniformed employee (at the discretion of the Commissioner or designated representative)?
- A formed uniformed employee must apply for reinstatement to a uniformed position within three (3) years of separation.
- All reinstated employees must serve a one (1) year probationary period.
- All reinstated employees shall be required to serve a one (1) year term in their initial field assignment.
As provided in GC Section 19994.1, a 60-day advance written notice is required for a mandatory transfer of an employee (uniformed or non-uniformed) under the Department’s jurisdiction where relocation of the employee is reasonably expected. This requirement may be waived by the employee in writing. What transfer actions are the 60-day advance notice NOT applicable for?
(1) Mandatory transfer which does not reasonably require an employee to change the employee’s place of residence.
(2) Voluntary transfer.
(3) Administrative transfer which is a matter of mutual agreement between the appointing power and employee.
(4) Mandatory transfer as a result of a layoff situation.
What are the residence requirements regarding remote commands near a border?
Due to limited housing and/or services at some remote work locations, the Commissioner authorizes departmental personnel permanently assigned to specific work locations the option of residing outside California.
What are the residence requirements for employees assigned to Resident Posts?
Resident post officers shall reside within the established boundaries of the resident post.
Are newly assigned uniformed personnel required to confer with the commander to assure that the general residence area under consideration conforms to departmental policy?
Yes. A uniformed employee newly assigned to a command or contemplating a change of residence for personal desire, transfer, promotion, reassignment, or a combination thereof, or for any other reason, shall confer with the commander to assure that the general area under consideration conforms to departmental policy.
Who is authorized to administer the Oath of Allegiance or Declaration of Permission to Work?
All uniformed personnel Sergeant or above and non-uniformed commanders and their designated alternates.
What are the minimum number of hours worked during a 6 month probationary period?
840 hours
What are the minimum number of hours worked during a 1 year probationary period?
1,680 hours
True or False
In determining total hours worked, vacation, sick leave, military leave, or other leave of absence, compensating time off, suspension or other separations, including separations subsequently voided or set aside, shall NOT be considered working time.
TRUE
What are the 4 types of “discretionary leave” (unpaid leave approved by the employee’s commander or appropriate Assistant Commissioner).
1 - Regular leave of absence
2 - Adoption leave
3 - Temporary leave of absence
4 - Informal leave
Are employees entitled to discretionary leave as a matter of right?
No
When an employee meets the eligibility criteria for non-discretionary leave are they entitled to that leave as a matter of right?
Yes
What are the 7 types of non-discretionary leave?
1 - Pregnancy/Parental leave
2 - Veterans’ Educational leave
3 - Military leave
4 - Spousal military leave
5 - Family and Medical Leave Act (FLMA) California Family Rights Act CFRA) - 12 weeks per year, per incident.
6 - Nonindustrial Disability Insurance leave (NDI)
7 - State Disability Insurance leave (SDI)
True or False
Employees who are on an approved leave of absence for less than one year shall be retrained and recertified at their assigned commands.
TRUE
How long must an approved leave of absence be for an employee to be required to complete Refresher Training at the Academy prior to resuming field duties at their assigned command?
Twelve contiguous months to two years.
How long must an approved leave of absence be for an employee to be required to complete Reinstatement Training at the Academy prior to resuming field duties at their assigned command?
Over two years.
How long must an approved leave of absence be for an employee to be retrained and recertified at their assigned command?
Less than one year.
True or False
A leave for up to one year may be granted by the appropriate Commissioner. An extension of one additional year may be granted by the appropriate Commissioner prior to the expiration of the original one-year leave.
TRUE
What is the maximum length of Informal Leave without pay?
Commanders may grant informal leave without pay for a period not to exceed 11 working days in a 22-day period or 10 working days in a 21-day period or 11 consecutive working days between pay periods. A holiday is counted as a working day. Paid absences may not be granted to break the continuity of an informal leave without pay.
When is a female employee required to notify her commander of pregnancy?
When she first becomes aware of the pregnancy, a female employee shall submit a statement from her heath care provider regarding her ability to perform full or limited duties. An estimated delivery date must be included in the statement.
What is the duration for short-term military leave?
Six months (180 calendar days) or less.
True or False
Unless other provisions are included in the orders, short-term military leave is the length of active duty plus one day for travel to and one day for travel returning from.
TRUE
What is the duration for Long-Term military leave?
More than six (6) months (180 days)
What are the two categories of separation and what do those categories include?
1 - Temporary : Includes all types of leaves of absence including informal and temporary leave, military leave, suspension, termination for medical reasons, involuntary leave, layoff and disability retirement.
2 Permanent : Includes dismissal, voluntary resignation, automatic resignation (AWOL), rejection during probation, termination for failure to meet conditions of employment, termination of a limited-term, temporary authorization assignment (TAU), career executive assignment or exempt appointments, service retirement, or death of an employee.
What is the effective term to be considered AWOL for a voluntary or involuntary absence which qualifies as an automatic resignation?
Five (5) or more consecutive days.
Define AWOL
An employee is considered AWOL on any designated work day if he/she does not report to work, does not contact his/her commander, takes time off even though the time off was not approved, or does not return from a leave of absence and does not submit their resignation.
What age are uniformed employees subject to Mandatory Reitrement?
The first day of the calendar month after which the employee attains 60 years of age.
What form does an employee list their secondary employment information on?
CHP 318
What are the supervisor’s responsibilities regarding receiving an employees CHP 318 (Secondary Employment)
- Make inquiry into the activity to determine if the activities are inconsistent or incompatible with state employment.
- Ensure that those duties listed are descriptive of all duties to be performed.
- Discuss the provisions of the secondary employment with the employee.
- Certify that the supervisor has discussed the proposed employment with the employee.
What are examples of Incompatible Activities?
a) Drinking intoxicants while on duty or in uniform.
b) Reporting for duty or returning to work when not completely recovered from the effects of alcohol.
c) Using or attempting to use the influence of a state position for private gain.
d) Soliciting or accepting bribes for services performed which are required as the employee’s official duty.
e) Failure to report any known physical or mental condition.
f) Acceptance of anything of value if it was offered as a result of the employee’s position.
g) Using state facilities, equipment or supplies of the state for personal gain.
h) Using official knowledge for personal gain.
i) Divulging information which is not authorized for release.
j) Unauthorized sale, loan or gift of any t/c photograph or investigation.
k) Recommending attorneys, adjusters, investigators, tow companies, ambulance services, or bail bondsmen to victims.
l) Use of state postage or stamping facilities.
m) Initiating, proposing, advancing, or influencing legislation as an employee of the CHP.
n) Employees shall not take, purchase, accept, or convert to their own use of contraband, evidence, rejected items, or vehicles stored or processed through lien sale by the Department.
o) Employees shall not actively participate in politics while on duty and/or in uniform.
p) Employees cannot release any police-related articles for publication without first having received written approval from his/her commander.
(This list is NOT all-inclusive)
How long does an employee have to file a written response to an adverse comment entered in their personnel file?
30 days. The commend shall be attached to all copies of the CHP Form 2.
Is an employee returning from work after a permanent separation granted their prior departmental seniority?
Yes.
How often are Employee ID cards renewed?
Every 5 years.
What is the limit on the amount of sick leave credit accumulation?
There is no limit.
Is an employee allowed to use other paid leave credits in lieu of sick leave credits?
Yes, unless prohibited by the employee’s bargaining unit agreement.
Under what circumstances can an employee use sick leave while on scheduled vacation?
If the employee becomes injured or ill and is unable to continue their vacation activities or if the employee has a physical or medical examination/treatment.
How is the Commissioner’s office notified of a death of a Departmental family member?
Comm-net
Is an employee allowed to use sick leave if they were exposed to a contagious disease?
An employee has been exposed to a contagious disease that is determined by a physician to require absence from work. Sick leave is approved provided a physician or the local health department certifies the employee was instructed to remain away from work to prevent the spread of the disease.
What should a supervisor do if a they have a reasonable belief that an injury or illness is not valid?
Recommend against the approval of the absence.
Are separate vacation schedules used for officers, sergeants and non-uniformed employees?
Yes. While vacations for officers within an Area are normally established on a single schedule, commanders may schedule special duty, motorcycle, resident post, and other officers separately after the need for such separate scheduling is clearly demonstrated and approval is obtained from the Division commander.
What is the maximum accumulation for vacation/annual leave?
924 hours.
How does FLSA (Section 7K) determine the method that the Department uses to calculate work periods?
Section 7K of the Fair Labor Standards Act (FLSA) permits employers of law enforcement personnel to establish a work period of 28 consecutive 24-hour periods instead of the standard seven-day, 40 hour workweek. A work period is a regular and recurring 28 consecutive day period used for scheduling and the computation of overtime under the FLSA.
Can an employee authorize their own overtime? (Shift-related)
No. An employee shall not work OT unless ordered to do so by his/her supervisor. A supervisor shall not allow an employee to perform OT work without prior authorization and shall take affirmative steps to prevent unauthorized OT from being worked.
Does ordinary travel from home to work need to be counted as time worked?
No, even if the employer agrees to pay for it.
True or False
If an employee who has gone home after completing the day’s work is called back to work, travel time is counted as time worked.
TRUE
True or False
If an employee is required to travel while working, the time must be counted as time worked.
TRUE
True or False
An employee who has completed a normal work shift or is on an RDO, when ordered back to work, SHALL be credited with a minimum of four (4) hours work time, provided the call back to work is without having being notified prior to completion of the shift, or the notification is prior to completion of the work shift and the work begins more than three (3) hours after completion of the work shift.
TRUE
True or False
When there are three hours or less between the end of the shift and the time an employee must leave from the office for a court appearance, an employee SHALL NOT receive OT for the intervening period.
FALSE. They SHALL receive OT for the intervening period.
True or False
An employee on a leave of absence without pay is required to appear in court who does not receive salary payment for the court appearance still accumulates call back time for OT.
FALSE. They do not accumulate call back time for OT.
True or False
An employee on a leave of absence without pay is still entitled to their transportation and travel expenses being furnished by the Department for Court Cases by or on behalf of the Department.
TRUE
If an employee is called as a party to suit or expert witness in a case that does not serve the interests of the State, is the absence paid?
No, The employee retains all court fees and the absence is without pay unless personal leave banks are used.
True or False
If a State Personnel Board Hearing is scheduled during the employee’s working hours and the employee has given 2 days notice to their supervisor, the employee may be absent with pay to attend the hearing which affects their position with the Department.
True
Is an absence considered paid if an employee is subpoenaed to appear as a witness in a matter not involving official duties?
Yes
Is an employee allowed time off with pay for an employment interview during their working hours when the interview is for a position from any state civil service employment list?
Yes
How many hours are employees granted on Statewide Election Day if there is insufficient time to vote outside of working hours?
A maximum of two hours.
Are employees allowed to attend a funeral of an active or retired service member on state time?
Yes, with approval from the Area Commander.
Are employees allowed to attend a funeral of a non-departmental employee on state time?
With approval from the Division Chief.
Administrative Time Off
ATO may be granted by Commanders who have identified a need and requested approval from the Commissioner’s Office. What is the maximum time of a paid leave of absence and under what circumstances?
Employees may be granted up to 5 days when the employee works or resides in a county where a state of emergency has been proclaimed and specified conditions exist.
True or False
No adverse comments may be entered in any file used for personnel purposes without that employee having first read and signed the document. This applies to permanent and probationary employees with the exception of cadets. If an employee refuses to sign, that fact is noted and signed by a witness (usually a supervisor).
TRUE
What is a CHP 137C?
Field Personnel Annual Review (Uniformed). A checklist for reviewing and updating the field folder documents at the time of the annual performance evaluation.
What are the 11 types of information that are subject to release as a result of a Public Records Act (PRA) Request?
1 - Name
2 - Department
3 - Reporting location / telephone number
4 - Classification and specifications of the position
5 - Assignment
6 - Salary Range
7 - Tenure
8 - Time Base
9 - Date Appointed
10 - Rehire information
11 - Training received at state expense
True or False
GC specifies that no employee shall be assigned duties of any other classification other than which the employee is allocated.
TRUE
Who is responsible to ensure employees are not assigned out-of-class duties?
Commanders and Supervisors shall be responsible for ensuring that the duties and responsibilities of each subordinate employee are appropriate to his/her current classification.
How many weeks of unpaid, job protected leave during a 12 month period does the FLMA act of 1993 allow?
Up to 12 weeks for specified family and medical reasons.
True or False
FLMA is job-protected unpaid leave, the Department shall not allow employees to use accrued leave credits during FMLA leave.
FALSE. Employees shall be allowed to use accrued leave credits to receive payment during leave.
What are five (5) qualifying FMLA/CFRA leave events?
1 - Birth and care of an employee’s newborn child.
2 - Care for a newly adopted or placed foster child.
3 - Care for an immediate family member (spouse, child, parent or domestic partner) who has a serious health condition.
4 - Employee’s own serious health condition that makes the employee unable to work.
5 - Employee is a victim of domestic violence.
True or False
FMLA/CFRA leave needs to be taken in one continuous period.
FALSE. It can be taken intermittently.
What does CFRA stand for?
California Family Rights Act (State) - 12 weeks of unpaid, job-protected leave.
What does FMLA stand for?
Family Medical Leave Act (Federal) - 12 weeks of unpaid, job-protected leave.
True or False
An employee returning from a FMLA/CFRA leave SHALL be returned to the same position the employee held when the leave commenced, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment.
TRUE
True or False
An employee’s use of CFRA/FLMA CANNOT result in the loss of any employment benefit that the employee earned or was entitled to before the leave.
TRUE
Employees may not be required to work light duty jobs in lieu of taking FMLA/CFRA leave. If an employee who is recovering from a serious health condition voluntarily accepts a light duty work assignment, is the time on the light duty assignment counted as FMLA/CFRA leave?
No, it is not counted as FMLA/CFRA leave.
