Hpm 10.3 Personnel Transactions Manual Flashcards
Are employees allowed to accept gifts or gratuities or unusual hospitality that may in any way tend to influence them in the performance of their duties?
No.
What is required if an employee finds themselves involved in a conflict of interest situation?
The employee shall disclose the facts so a departmental inquiry can be made to determine whether a problem exists, and if so, to eliminate it.
What is the purpose of the inconsistent and incompatible activities directive?
To inform all employees of activities, including secondary employment activities, which are inconsistent or incompatible with, or unfavorable to CHP employment.
What is a CHP 18?
Receipt of Inconsistent and Incompatible Activities Statement.
When are employees required to sign a receipt of inconsistent and incompatible activities statement?
During orientation.
Once signed, where is the CHP 18 kept?
Employee’s field folder.
Are their legal statutes that provide a legal basis for enforcing standards of conduct for all state employees?
Yes, in the Government Code.
The holding of public office, the direct or indirect ownership of business concerns, or employment for compensation, is the definition of what?
Secondary employment.
What is a CHP 318?
Notice of Intent to Engage in Secondary Employment.
Prior to engaging in secondary employment activities, employees must do what?
Receive written approval from their commander on a CHP 318, review HPM 1.3.
If an employee’s request for secondary employment is denied and the employee feels that the decision was improper or discriminatory, he/she may appeal the decision through which procedure?
Grievance/Complaint procedure.
What is the employee’s responsibility when they want to engage in secondary employment?
Complete CHP 318 in triplicate. Complete a detailed job description of the requested secondary employment activity and attach it to the CHP 318.
What is the supervisor’s responsibility upon receiving a completed CHP 318?
Make an inquiry into the proposed activity to determine if the activities will be inconsistent or incompatible with state employment. Ensure that those duties listed are descriptive of all duties to be performed, and that they do not interfere with the employee’s ability to perform his/her state duties. Discuss the provisions of the secondary employment request with the employee to ensure that the request is understood and that the employee is aware he/she is not entitled to any special consideration in scheduling. Certify that he/she has discussed the proposed employment with the employee, and indicate on the form whether he/she believes the proposed employment is inconsistent or incompatible.
In what instance would an approved CHP 318 not be forwarded beyond the Area?
When the employment is for 3O calendar days or less.
Where is an approved CHP 318 sent to?
Copy to employee and original in employee’s field folder.
If the CHP 318 is approved for employment in excess of 3O calendar days, who is the commander required to send copies of the CHP 318 to?
Copy to employee. File one copy. Forward original to the next level of review.
When a CHP 318 is denied, where are copies sent to?
Copy to employee. File one copy. Forward original to next level of review.
If the next level of review concurs with the commander’s approval or denial of a CHP 318, where does the original CHP 318 go?
Filed in employee’s field folder, copy previously filed can be destroyed.
What happens if the next level of review countermands a commander’s previous approval of a CHP 318?
The original CHP 318 is returned to the commander, setting forth the reasons for disapproval. The commander is required to have employee terminate secondary employment and the original copy of the CHP 318 is required to be filed in the employee’s field folder.
What happens if the next level of review countermands a commander’s previous disapproval of a CHP 318?
The commander shall be notified to deliver a copy of the approved request to the employee, and file the original CHP 318 in the employee’s field folder.
Secondary employment requests to practice law must be forwarded through the chain of command to where?
Internal Affairs.
Once a secondary employment request to practice law is received by internal affairs, who reviews it to determine the need for specific limitations or clarification?
Internal Affairs and General Counsel.
If no expiration date was set by the employee for the CHP 318, the commander is required to set the expiration date to when?
Date of next annual performance appraisal evaluation.
Under what circumstances can the commander extend the approval date of the CHP 318?
If employee’s performance on their annual performance appraisal is found to be satisfactory and the secondary employment is still in accordance with that set forth on the CHP 318.
Barring an expiration date coinciding with the employee’s annual performance appraisal, the CHP 318 will automatically expire when what type of events occur?
Expiration date set by employee expires. There is a change to secondary employment duties. Termination of the secondary employment. Employee transfers to a new command location.
How soon after a change of duties or end of employment from a secondary job must an employee notify the Department?
Within 1O calendar days by memorandum.
Commanders who want to cancel requests for cause are required to receive approval from whom?
The review level.
Should employee’s who have secondary employment receive special considerations?
No.
Secondary employment can be suspended while an employee is on what type of work status?
Sick leave, injury, or limited duty.
What is an employee required to give their commander if they wish to continue work with their secondary employer while on sick leave, injury, or limited duty?
Written assurance from appropriate medical authority stating the secondary employment activity will not aggravate the injury nor prolong the employee’s recovery.
Whenever secondary employment is suspended while an employee is on sick leave, injury, or limited duty, who is the commander required to notify?
Personnel Services Section. Office of Employee Relations. Internal Affairs.
Who is required to maintain a central listing of all personnel with approved secondary employment requests?
Each command.
In regard to the previous question, who is required to have immediate access to the central listing?
All supervisors and managers.
Who is responsible for providing clarifications and direction in the matter of secondary employment and inconsistent and incompatible activities?
Internal Affairs.
What are some examples of types of secondary employment that are inconsistent or incompatible to public service?
Uniformed employees working for an ambulance company, except for Department EMTs and Paramedics. Officers assigned to commercial enforcement working in commercial vehicle related jobs. Expert witness for vehicle accident related cases. Places where the primary purpose for that business involves the dispensing or serving of “on sale” alcoholic beverages. Other law enforcement agency that requires use of peace officer powers or carry a firearm. Practice criminal law or civil law where the state is a defendant. Vehicle dismantler. Tow truck owner/operator.
Before running for public office, an employee is required to do what?
Gain departmental approval.
Is a CHP 318 required to be submitted if running for public office?
Yes.
Any employee elected or appointed to public office must notify the Commissioner within how many days?
5 days after accepting appointment; or after the official tabulation of the ballots.
If an employee is appointed or elected to public office and the Commissioner determines that the position is inconsistent or incompatible with the duties of his/her position, what choices will the employee be given?
Separate from the Department or forfeit the public office.
Does a CHP 318 need to be submitted if an employee seeks to hold an elective or appointed position in any fraternal organization, charitable organization, service club, or serving as a precinct election board member?
No.
What are some public offices that are automatically determined to be inconsistent and incompatible with the duties of an employee of the Department?
Sheriff. Constable. Marshal. Judge of a judicial district.
Is there a limit on how many sick leave credits an employee can accumulate?
No.
What is the minimum amount of sick leave time that represented and non-represented employees can charge?
3O min.
Can an employee use sick leave while on vacation?
Yes, only because of an illness or injury, the employee is confined to a hospital or residence and is unable to continue his/her vacation activity.
Are appointments with physicians, dentists, and other licensed practitioners valid reasons for sick leave?
Yes.
Normally, how many hours of sick leave should be used for an appointment with a doctor?
Two hours, unless more is substantiated by the employee.
When can an employee take a physical examination during work hours without using sick leave?
When part of a civil service examination. Required to evaluate an employee’s capacity to perform the duties of his/her position. Required for entry into the recognized military service. Ordered by the State Compensation Insurance Fund.
Do reservists who take time off for a physical examination required because of their reserve status required to use sick leave?
Yes.
What is family sick leave used for?
For the required attendance of an employee for an ill or injured family member.
How many hours of family sick leave can a represented employee use each fiscal year?
4O hours.
How many hours of family sick leave can a non-represented employee use each fiscal year?
No limitation.
Can family sick leave be used to care for an adult family member who has a common cold or other minor illness?
No, not a valid use.
Is the use of family sick leave to care for, supervise, or prepare meals for children with illness or injury a valid use of family sick leave?
Yes.
How is childbirth handled in regard to leave usage?
Same as an injury or illness, substantiation is required for more than two days.
In addition to bereavement leave, how many days are non-represented employees authorized to take for the death of a person related by blood, by adoption, or by marriage, or any person residing in the immediate household of the employee at the time of death?
Up to five days, with commander’s approval.
How much bereavement leave do non-represented employees receive for each occurrence?
Three days for any one occurrence, if the death occurred outside the state, an additional two days may be requested and shall be charged to the employee’s sick leave or leave without pay.
How much bereavement leave do represented employee’s receive for each death of a parent, stepparent, spouse, domestic partner, child, sister, brother, stepchild, or death of any person residing in the immediate household of the employee at the time of death?
Three eight hour days for each occurrence.
How much bereavement leave do represented employees receive for each the death of a grandchild, grandparent, aunt, uncle, niece, nephew, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, or immediate family member of a domestic partner?
Three eight hours days per fiscal year.
If the death of a person described in the two previous questions requires the represented employee to travel over 4OO miles one way from his/her home, how much additional time shall be granted?
Two additional days which shall be deducted from accrued leave.
Who is required to be notified whenever a member of an employee’s immediate family dies?
The Commissioner’s Office.
What is a CHP 634?
Absence and Additional Time Worked Report.
If more than one absence occurs during the same pay period, how many CHP 634s need to be submitted?
One CHP 634 for each pay period, each absence is itemized on the CHP 634.
Does an employee need to complete a CHP 634 if they used overtime hours to offset sick leave usage in the same workday?
No.
Permissive reinstatement is at the discretion of whom?
The Commissioner or his/her designated representative.
Any person having probationary or permanent status has the privilege (not the right) of requesting reinstatement if he/she separated for what reasons?
Resignation. Service retirement. Termination from limited term, temporary, or career executive assignment, or exempt appointment. Absence without leave, whether voluntary or involuntary. Without a break in continuity of state service to accept another civil service or exempt appointment.
A uniformed employee must apply for reinstatement to a uniformed position within how many years after separation?
Three.
All requests for reinstatement from former uniformed employees shall be submitted in writing to whom?
The Commissioner.
It is departmental policy that permissive reinstatement will normally be limited to those uniformed employees who have successfully completed what?
Academy training and field probation.
Reinstatement of a uniformed employee will normally be approved only at what rank classification, regardless of the rank from which the employee resigned or retired?
Officer.
What salary step do reinstatees normally start at?
One salary step below the maximum range for officers.
When a separated employee seeks reinstatement, who is required to review their personnel file, including the Employment Summary – Separated Employee form?
Disability and Retirement Section’s Reinstatement Unit.
What is required to be successfully completed before reinstatement?
PPT test.
What is the first phase of the reinstatement process?
PPT test.
What happens if a person seeking reinstatement fails the PPT?
They get the opportunity to successfully complete the PPT Work Tasks at the Academy within 9 days of the PPT failure.
Applicants are not required to attend the Academy Reinstatement Training Course if they reinstate within how long after separation?
Six months.
Do reinstated employees have to serve a one-year probationary period?
Yes.
How long do reinstated employees have to spend at their initial field assignment?
One year.
When is the Department to reinstate a uniformed employee?
When the employee seeks reinstatement and is no longer incapacitated for duty in the position held when retired.
Is the Department required to assign the mandatorily reinstated employee to the field office they retired out of?
No, will be a location where need exists.
What are the four types of discretionary leave?
Regular leave of absence. Adoption leave. Temporary leave of absence. Informal leave.
Are employees entitled to discretionary leave?
No.
What are five of the most common types of nondiscretionary leave?
Pregnancy/Parental Leave. Veterans’ Educational Leave. Military Leave. Family Medical Leave Act/California Family Rights Act. Nonindustrial Disability Insurance Leave.
Are employees entitled to nondiscretionary leave?
Yes, if they meet eligibility criteria.
Is attendance reporting required for the period than an employee is off duty without pay on an approved regular Pregnancy/Parental, adoption, veterans’ educational, or military leave of absence?
No.
When a commander is absent from his/her command for an extended period of time, their position will be considered for refill after how many months?
Six.
Uniformed employees who are on an approved leave of absence must complete Refresher Training at the Academy prior to resuming field related duties after being on leave for how long?
Six contiguous months to two years.
Uniformed employees who are on an approved leave of absence for more than two years are required to complete what type of training?
Reinstatement Training at the Academy.
What is the purpose of a regular leave of absence?
To provide an employee with a guaranteed right of return to his/her former position upon expiration of the leave.
Are regular leaves of absences with or without pay?
Without.
Who is eligible for taking a leave of absence?
Employees who have permanent status with no break in continuity of state service due to permanent separation, a probationer who has completed six months of service in a classification having a longer probationary period, or a probationer who was prevented from completing the probationary period because of entry into the military.
Can a leave of absence be granted to an employee who is accepting some other position in state service?
No.
A leave for up to one year, may be granted by whom?
The Commissioner.
When can a one year leave of absence be extended?
If approved by the Commissioner prior to the expiration of the first year of leave.
Requests for extensions shall be routed through channels to the appropriate Commissioner how many days in advance of the effective date of the leave?
6O.
How does an employee request a regular leave of absence?
Submit a written request to their commander stating the reason for the leave, the period of time requested, and the amount of vacation, annual leave, or other accrued leave credits to be used prior to going on leave without pay.
What must be included in the written request if the leave is for medical reasons?
The amount of sick leave to be used and whether or not NDI benefits will be requested prior to leave without pay.
What can an employee do if their request for leave is denied?
They can appeal the decision through the grievance or complaint procedure.
An appointing power may grant a permanent employee’s request for a leave of absence without pay for the adoption of a child for what maximum length of time?
One year.
If an employee takes a leave of absence, do they still receive health, dental, and vision benefits?
Only of they request to continue it and they directly pay for the benefits.
Commanders may grant a temporary leave without pay to any employee for a period not to exceed how many days?
3O calendar days.
Can a temporary leave of absence be granted to an employee who does not have permanent status?
Yes.
Commanders may grant an informal leave of absence without pay for a period not to exceed what?
11 working days in a 22-day pay period or 1O working days in a 21-day pay period, or 11 consecutive working days between pay periods.
How does an employee request either a temporary or informal leave absence?
Submit a written request to their commander stating the reason for the leave, the period of time requested, and the amount of vacation, annual leave, or other accrued leave credits to be used prior to going on leave without pay. If the leave is for medical reasons the amount of sick leave to be used and whether or not NDI benefits will be requested prior to leave without pay. The employee must also indicate whether or not the employee wishes to continue health, dental, or vision benefits.
How are absences for temporary leave and informal leave processed and reported?
As dock time.
What is the maximum amount of pregnancy leave that a permanent female employee is allowed to take?
One year.
A spouse/domestic partner or parent who is a permanent employee shall be granted a leave of absence without pay to care for a newborn child for what maximum length of time?
One year.
What are female employees required to do when they first become aware that they are pregnant?
Notify commander. Submit a statement from medical care provider regarding her ability to perform full or limited duties. An estimated date of delivery must be included in the statement. Complete a CHP 2O9 – Advisory: Potential Fetal Health Hazards Associated with Firearms Training signed by their medical care provider.
How does an employee request pregnancy leave?
Submit a written request to their commander stating the reason for the leave, the period of time requested, and the amount of vacation, annual leave, or other accrued leave credits to be used prior to going on leave without pay. If the leave is for medical reasons the amount of sick leave to be used and whether or not NDI benefits will be requested prior to leave without pay. The employee must also indicate whether or not the employee wishes to continue health, dental, or vision benefits. A physician’s statement is required and must include the expected delivery date.
Who is eligible for veterans’ educational leave?
Any permanent employee, or an employee serving under another appointment who previously had permanent status and who, since that permanent status, has had no break in the continuity of his/her state service, who served in the armed forces, and who is eligible because of that service for education or training under applicable state or federal law.
An employee who wishes to take veterans’ educational leave must meet what enrollment requirements in regard to the schooling or training?
Must enroll for a minimum of ten credit hours of post high school or the equivalent amount of work on high school level each school year.
What is the maximum amount of veterans’ educational leave an employee may take?
No longer than four years and three months of school attendance.
How does an employee request veterans’ educational leave?
Submit a written request to their commander stating the reason for the leave, the period of time requested, and the amount of vacation, annual leave, or other accrued leave credits to be used prior to going on leave without pay. If the leave is for medical reasons the amount of sick leave to be used and whether or not NDI benefits will be requested prior to leave without pay. The employee must also indicate whether or not the employee wishes to continue health, dental, or vision benefits. The employee shall also submit verification of service in the armed forces and that he/she meets the enrollment requirements.
What length of time is short term military leave?
Six months (18O calendar days) or less.
Who is eligible to take short term military leave?
An employee, regardless of status, is entitled to a short term military leave of absence for ordered active military duty for six months (18 calendar days) or less.
Can short term military leave be used for alerts which are considered part of the drills required of reservists, or during a state of emergency or public calamity proclaimed by the Governor?
No.
Under what conditions does an employee on short term military leave receive pay for the first 3O day calendar days of short term military leave?
If the employee has had 12 qualifying pay periods of state service without a break immediately prior to the active duty date or has a combination of pay periods of such state service and calendar time spent in the military service which equals one year.
Can an employee use short term military leave to be a pallbearer at funeral services for a member of the armed forces or for regular weekly or monthly drills?
No.
Is attendance reporting required for routine military leaves of absence with pay for 3O calendar days or less?
Yes.
What length of time is long term military leave?
More than six months, but not exceeding five years of active duty.
Who is eligible for long term military leave?
Permanent or probationary employees when their orders are for over six months, but not longer than five years.
Are members of the California National Guard able to take military leave?
Yes, only when the unit is ordered to active federal military duty.
What are employees required to present before long term military leave of absence can be granted?
Copy of orders as proof that he/she is being ordered to report for active duty for a period over six months.
What happens if an employee fails to present their orders within 15 working after their active duty date?
They will be reported as separated by resignation to enter the military service and will lose payment of salary for the first 3 calendar days of active duty.
What can the effective date for long term military leave be?
The effective date of leave cannot be later than the active duty date, nor can it be earlier than 9O calendar days prior to the active duty date.
What happens to an employee’s vacation/annual leave bank when they go on long term military leave?
A lump sum payment is made on the effective date of the leave.
Are employees on long term military leave able to receive pay for the first 3O day calendar days of leave like employees on short term military leave?
Yes.
Does short term military leave and long term military leave include travel time?
The length of short term military leave and long term military leave is for the period of active duty plus one day for travel going to and one day for travel returning from such duty.
What procedures are required to be followed in submitting requests for military leaves of absence?
Notify commander of military leave at least 3O days prior to the date of leave. The employee shall be provided a copy of “A Handbook for California Civil Service Employees Entering the Military Service.” The employee shall submit his/her active duty orders to the commander as soon as received. Requests for short term military leave, including routine annual leaves, and accompanying orders shall be submitted to direct to PSS. STD 686 and STD 634 are not required. For long term military leave, employees shall complete and sign the STD 686 (Employee Action Request). This form along with military orders shall be submitted to the commander. When an employee is approved for military leave and the military duty is subsequently canceled and/or the employee does not report as previously scheduled, the employee shall notify his/her commander and report for his/her normally scheduled work day or request to use vacation/annual leave, other accrued leave credits, or dock. An employee who voluntarily requests and obtains an extension of the original term of enlistment, service, or tour of duty may jeopardize the right of reinstatement following the employee’s military service.
In addition to benefits provided for short term and long term military leave, what do employees receive when they are ordered to active duty by Presidential determination?
For a period not to exceed 18O calendar days, the difference between the amount of his/her military pay and allowances and the amount he/she would have received as a state employee and all benefits that he/she would have received had he/she not served on active duty.
In regard to the previous question, are the 18O days in addition to the 3O calendar days of state pay per fiscal year?
Yes they are in addition to the 3O calendar days of state pay.
What is a CHP 211?
Military Leave Worksheet.
What do employees need to provide when going out on emergency military leave?
Copy of their military pay records and complete a CHP 211.
What is required if an employee decides to retain their military pay (military pay may be larger than their state pay)?
Still complete a CHP 211, but they will not receive a state check.
What is required of employees once they return from emergency military leave?
Shall provide copy of his/her military pay records to determine if monies are owed the employee or state.
If an employee is called to active duty on or after September 11th, 2OO1, as a result of the War on Terrorism, how many days will the state pay the difference between the amount of his/her military pay and allowances and the amount he/she would have received as a state employee and all benefits that he/she would have received had he/she not served on active duty.
73O calendar days in addition to the 3O calendar days of state pay per fiscal year provided for active military duty.
Do employees on emergency military leave have the right maintain their deductions for Savings Plus when completing the CHP 211?
Yes.
Do employees on emergency military leave have the right to make up missed Savings Plus Program contributions?
Yes.
Are weekly or monthly National Guard drills considered active duty or inactive duty?
Inactive military duty.
Can employees take military leave of absence without pay to attend weekly or monthly drills?
Yes.
Can employees burn vacation/annual leave, or other accrued credits to attend scheduled drills or perform other inactive duty reserve obligations?
Yes.
What type of leave can be used for an employee who is a reservist engaged in active military duty ordered for military training?
Short term military leave.
Do employees receive 3O calendar days pay during a state of emergency or public calamity proclaimed by the Governor?
Yes.
Short term and long term military leave can only be used for what type of active military duty?
Active federal military duty.
What does the Family Medical Leave Act (FMLA) do?
Entitle eligible employees to take paid or unpaid, job protected, leave each year for specified family and medical reasons.
Under FMLA, is the employer required to maintain the employee’s health, dental, and vision coverages while they are on leave?
Yes.
What does the California Family Rights Act (CFRA) do?
State law that provides for unpaid leaves of absence for family reasons; however, the employer is not required to maintain the employee’s health care coverage while they are on leave.
Where the two laws differ, what leave provisions must be applied?
The most generous/least restrictive.
Which employees are eligible for FMLA or CFRA?
Employee with at least 12 months of state service; and, have worked at least 1,25O hours during the prior 12 months. The 12 month period is measured backwards from the date an employee uses any FMLA or CFRA leave.
What did the California Domestic Partner Rights and Responsibilities Act of 2OO3 give to domestic partners?
Same rights, protections, and benefits as spouses.
Do same sex domestic partners need to be registered with the Secretary of State in order to be eligible for the protections stated in the previous question?
Yes.
Are opposite sex partners included in the California Domestic Partner Rights and Responsibilities Act of 2OO3?
Yes, only if the state employee and or his/her partner are age 62 or over and eligible for social security.
Does FMLA give domestic partners the same rights as a spouse?
No.
What type of leave would be used to care for a same sex domestic partner?
CFRA.
How much can an employee take under FMLA or CFRA?
Total of 12 weeks per year.
If a husband and wife are both state employees, can they take 24 months of leave for the birth of a child?
No only 12 weeks total.
If a man and woman, who are both state employees, are unmarried and have a child are they limited to only 12 weeks of FMLA or CFRA leave?
Yes and No, under FMLA they are not limited like married couples, however CFRA does limit the leave to 12 weeks for unmarried couple having a child.
Can an employee who takes FMLA or CFRA leave after the birth, adoption, or placement of a child take leave intermittently or on a reduced work schedule?
Only if the Department agrees.
What are the four situations that an employee can use FMLA or CFRA leave?
Birth, adoption, or placement of a child. To care for a spouse (or domestic partner under CFRA), parent, or child who has a serious health condition. The employee’s own serious health condition. The employee is a victim of domestic violence.
Under the FMLA and CFRA, what is the definition of a parent?
A biological parent or an individual who stands or stood “in place of a parent” to the employee when the employee was a child. This definition does not include parents in-law.
Under the FMLA and CFRA, what is the definition of a son or daughter?
A biological, adopted, or foster child, stepchild, legal ward, or child of a person standing “in place of a parent” who is either under age 18, or age 18 or older and “incapable of self care” because of a mental of physical disability.
Under the FMLA and CFRA, what is the definition of a serious medical condition?
An injury, illness, impairment, or physical or mental condition, and involves any period of incapacity or treatment in connection with or consequent to inpatient care in a hospital, hospice, or residential care facility. An injury, illness, impairment, or physical or mental condition, and involves a serious health condition involving continuous treatment by a health care provider. An injury, illness, impairment, or physical or mental condition, and involves domestic violence.
Can an employee intermittently use FMLA or CFRA leave to care for themselves, a spouse, domestic partner, parent, or child when they have a serious health condition?
Yes, when the health care provider of the person with the serious condition indicates that it is necessary.
If n employee needs intermittent leave or leave on a reduced work schedule that is foreseeable based on planned medical treatment for the employee or employee’s family member, can the Department require the employee to transfer to an available alternative position with equivalent pay and benefits?
Yes, as long as it is in compliance with any bargaining unit agreement.
If the Department requires proof of the serious medical condition, how many days must the Department give the employee to obtain the medical certification?
Fifteen calendar days.
Can disciplinary action be taken against an employee for a qualifying absence under FMLA or CFRA?
No.
Can sick leave be used during FMLA or CFRA?
Only in accordance with bargaining unit agreements and or applicable civil service laws, rules, and policies.
Are paid leaves due to job-related accidents or injuries under Industrial Disability Leave or Temporary Disability counted as an employee’s FMLA or CFRA leave?
No.
What are the two exceptions when an employee’s paid leave can be retroactively designated as FMLA leave after an employee has returned to work?
The employee was absent for an FMLA-qualifying reason and the supervisor did not know the reason for the absence until the employee’s return. If the supervisor knew the reason for the leave but was unable to confirm it was FMLA-qualifying or of the supervisor requested medical certification which had not been received.
In regard to the previous question, how many days within the employee’s return to work shall the supervisor notify the employee that the absence will be designated as FMLA leave?
Two days.
Who enforces the FMLA?
U.S. Department of Labor Employment Standards Administration, Wage and Hour Division.
Who enforces the CFRA?
Department of Fair Employment and Housing.
What is the CHP 197?
Receipt for Notice to Employees of Rights under FMLA.
When do employees receive the CHP 197?
When hired as part of their employment package.
What is the CHP 3O?
Employee Request for Family and Medical Leave.
How does an employee request an FMLA or CFRA leave?
Complete a CHP 3O and turn it in to their commander. Give 3O days advance notice for all foreseeable events. Must provide physicians substantiation if the request is for medical reasons or sick is being used. Medical certification will be required before allowing FMLA or CFRA leave.
How many days does the commander have to respond to the request for FMLA or CFRA leave?
One or two business days after receiving the request.
What happens to the CHP 3O if the employee’s request for FMLA or CFRA is approved by the commander?
Copy of the CHP 3O goes to the employee and a copy placed in the employee’s field folder. The original shall be forwarded through channels to PSS.
What happens if the employee’s request for FMLA or CFRA leave is not approved?
The commander shall complete the appropriate section of the CHP 3O giving the reason for the denial. The original shall be given to the employee and copies shall be placed in the employee’s field folder and sent to PSS.
Can an employee appeal a denial for FMLA or CFRA leave?
Yes, through the grievance and complaint process.
What conditions must be met in order for employees to be eligible to receive Nonindustrial Disability Insurance (NDI)?
The employee is a current member of CALPERS, State Teachers Retirement System, or state officer of the legislature. Is a permanent or probationary employee with a full-time, part-time, or intermittent time base. Is on pay status (not separated by formal leave of absence). Filed a form DE 85O1. If applicable, has exhausted Industrial Disability Leave, Temporary benefits, and 48OO.5 time.
Who determines eligibility and authorizes payments for NDI claims?
The Employment Development Department’s NDI office.
How much do employees get through NDI if they are in the vacation sick program?
Payment equal to one-half full pay, but not to exceed $135 per week.
How much do employees get through NDI if they are in the annual leave program?
5O percent of their gross pay. This amount may be supplemented with leave credits up to 75 percent or 1OO percent of full pay. Catastrophic donations may also be used to supplement up to 75 percent or 1OO percent of full pay.
Are employees required to use sick leave, vacation/annual leave before being able to receive NDI?
No.
What is the waiting period for NDI payments to begin?
Seven calendar days.
When can the seven day waiting period be waived?
If the employee is confined to a hospital or nursing home as a bed patient.
What happens if an employee is unable to return to work after NDI benefits have been exhausted?
They can take a leave of absence without pay for illness.
When can the Department terminate an employee who was on NDI?
When the employee is unable to perform the work of his/her original position or any other position, and has waived the right or is ineligible for disability retirement.
Are NDI benefits payable for any day on or after death, separation, or retirement from state service?
No.
What is the CHP 634?
Absence and Additional Time Worked Report.
Under which circumstances is a CHP 634 required to be submitted?
Sick leave. Jury Duty. Industrial injury for absence subsequent to the shift during which the injury occurred. Approved absence without pay for informal or temporary leave. Appearance as a subpoenaed witness in a matter not arising from official duties. Annual leave or other credits when used for sick leave purposes. Bereavement leave.
What types of absences do not require a CHP 634?
AWOL. Military leave of absence, either short term or long term. Regular leave of absence. Suspension. Industrial injury for absence on the shift when the injury occurred only. Physical examinations for which time off with pay is allowed. Vacation. CTO.
Can a supervisor ask an employee to disclose the general nature of the illness or injury as part of substantiating evidence required for sick leave approval?
Yes.
When an employee has been off work due to illness for more than three consecutive calendar days, what can the supervisor do?
Designate the time off as qualifying under FMLA or CFRA and request a medical substantiation.
What is the CHP 444?
Summary Sheet of Absence Requests.
Where are CHP 444s kept?
Desk of the timekeeper.
Who is eligible for flight duty alternate range pay?
A sergeant or officer assigned as a pilot or flight officer.
How many years does it take to receive senior officer pay?
25 years.
What is the definition of pay differential?
A premium pay which is paid other than on a monthly basis and is not subject to removal for cause.
When can a Bargaining Unit 5 (BU 5) employee claim a pay differential for a business call?
When required by his/her supervisor or designee to conduct business telephone calls outside his/her work hours of less than 3O minutes duration.
What happens if the business call lasts more than 3O minutes.
Claim OT for the duration of the call.
When does an office assistant receive dictaphone pay differential?
When assigned to a position which regularly requires transcription from a dictaphone. These duties must be the primary responsibility and constitute the main assignment of the position.
Who is eligible to get OIC pay?
Officers assigned to perform the duties of an OIC for six hours or more during a shift.
Which non-represented employees are eligible to receive on-call pay?
Sergeants when the commander certifies that the employee was placed on call for a minimum of 1O calendar days when assigned to commands where sergeant positions are limited to three or less positions or assigned to resident posts.
When are officers eligible to collect training officer pay differential?
When training new employees and/or retraining existing employees. Acting as a Motorcycle Training Officer during Category II training period of newly assigned motorcycle riders or the reassignment evaluation of existing Category I riders.
When are communications operators eligible to collect training pay?
In accordance to their MOU when they are required to train new employees and/or retrain existing employees for a full shift.
What is the definition of a specialty pay?
A premium pay which is on a monthly, rather than a daily basis.
Who can collect bilingual pay?
Members of BU 5, BU 7 (dispatchers), Sergeants, and communications supervisors.
What is the definition of a bilingual pay position?
A position that requires the use of a bilingual skill on a continuing basis averaging 1O percent of the time.
In order to receive bilingual pay, the position must be approved by whom?
The Department.
What does an officer have to do if they think there bilingual activity meets the requirements to get a bilingual services position?
Request the position be audited for bilingual pay purposes. The request must be in writing to the employee’s immediate supervisor, who will forward the request to the commander. The commander will ensure that an audit is conducted within 9 days of receipt of the request.
Audits for bilingual pay determinations shall be conducted for a minimum period of how many days?
3O.
When will bilingual services positions be granted?
Only if the duties of the positions require bilingual skills an average of 1 percent or more of the time.
What is the CHP 897?
Bilingual Pay Authorization.
If a bilingual officer transfers to an office with a bilingual officer opening will they automatically be assigned as a bilingual officer and receive bilingual pay?
Yes.
Any employee that wishes to be a bilingual officer must pass what?
Bilingual fluency examination.
If an employee fails the bilingual fluency examination, how long must they wait before taking the test again?
Six months.
What is the specialty pay rate for bilingual officers?
$6O per pay period max.
How long will a employee receive bilingual pay?
Through the last date that the employee uses the bilingual skill prior to the date of transfer, promotion, or change in duties of the position.
Is bilingual pay included in the employee’s monthly pay warrant or is it on a separate pay warrant?
Included in monthly pay warrant.
Who is eligible to receive investigator pay?
Officers assigned full time to perform the duties of vehicle theft or fraud investigator who meet or exceed standards in all critical tasks.
Who is eligible for motorcycle pay?
Officer of Sergeant in Category I or II who is assigned to motorcycle enforcement or instruction duties.
Who is eligible to collect Physical Performance Program (PPP) pay?
BU 5 employees, Sergeants and above in accordance with the states management and supervisory benefits.
When is the initial PPP pay increased according to the agreement in the BU 5 agreement and the DPA pay scales for sergeants and above?
Following 6O qualifying pay periods of service as a uniformed employee.
Who is eligible to receive recruitment premium pay?
Lieutenants appointed to a position designated in G.O. 1.7. The lieutenant will receive a “plus” salary bonus.
In regard to the previous question. what happens after a lieutenant remains in that designated position for more than two years?
The recruitment premium pay will be incorporated into the base salary.
