HomeMy WebLinkAboutOCSD 01-16 (REPEALED)RESOLUTION NO.OCSD 01-16
AMENDING RESOLUTION NO.OCSD 98-33
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY
SANITATION DISTRICT AMENDING THE HUMAN RESOURCES POLICIES AND
PROCEDURES
*****************************
The Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE,DETERMINE AND ORDER:
Section 1 That Exhibit “A”of Resolution No.OCSD 98-33 is hereby amended by
amending Policy No.Cli 0.00,Travel and Business Expenses,set forth in Attachment No.1,attached
hereto and incorporated herein by reference.
Section 2 That Exhibit “A”of Resolution No.OCSD 98-33 is hereby amended by
amending Policy No.Dl 0.00,Leave of Absence with Pay,set forth in Attachment No.2,attached
hereto and incorporated herein by reference.
Section 3 That Exhibit “A”of Resolution No.OCSD 98-33 is hereby amended by
amending Policy No.D20.00,Leave of Absence without Pay,set forth in Attachment No.3,attached
hereto and incorporated herein by reference.
Section 4 That Exhibit “A”of Resolution No.OCSD 98-33 is hereby amended by adding
Policy No.F90.00,Substance Abuse,set forth in Attachment No.4,attached hereto and incorporated
herein by reference.
Section 5 That all other terms and conditions of Resolution No.OCSD 98-33,as
previously recommended,shall remain in full force and effect.
Section 6 That all future amendments to Resolution No.OCSD 98-33 be made by
Resolution.
PASSED AND ADOPTED at a regular meeting held August 22,2QOt,
ATTEST:
Board Secr~thry
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G:\wp.dta\admin\BS\Resolutions\2001\O1 -1 6.doc
REPEALED BY
OCSD 15-18
Orange County
Sanitation District
Policy Number:C110.00
Effective Date:AUgust 22,2001.
Subject:TRAVEL AND BUSINESS
EXPENSES
Supersedes:April 26,2000
.
Approved by:Lisa L.Tomko
1.0 PURPOSE
1.1 The purpose of this policy is to establish uniform guidelines and procedures for
reimbursing employees for travel and business expenses.
2.0 ORGAN IZATIONAL UN ITS AFFECTED
2.1 This policy applies to all current employees regardless of their organizational
unit.
3.0 POLICY
3.1 It is the District’s policy to reimburse employees for travel and business expenses
in accordance with the procedures of this policy.
4.0 PROCEDURE
4.1 The District will reimburse employees for reasonable travel and other expenses
incurred in the course of representing the District on official business provided
that approval is obtained in advance.All reimbursement claims for such
expenses must be submitted on a Travel Expense Reimbursement form with a
“Daily Expense Breakdown”form,airfare itinerary and all required receipts
attached.
42
5.0 EXCEPTIONS
5.1 Exceptions to the policy must be indicated on the original ~1Request for Travel
Expense Reimbursement”~form and an “Exceptions-Unauthorized
Expenditures”memo signed by the Department Head with a full explanation
attached to the package.
5.2 Business travel expenses incurred in excess of those described in this policy are
not reimbursable.For example,if employees choose to drive instead of fly from
Los Angeles to Phoenix,the total reimbursement will not exceed the amount that
would have been incurred had air travel been used (e.g.,mileage,lodging and
meal expense reimbursements resulting from car travel cannot exceed the
amount required if air travel had been used).
Page 1 of8
6.0 PROVISIONS AND CONDITIONS
6.1 GENERAL INFORMATION
6.1.1 “Requests for Travel Authorization”forms should be submitted,and
reservations made,at least 21 days in advance to take advantage of
discounted or reduced fares,etc.
6.1.2 The employee is responsible for completing the “Request for Travel
Expense Reimbursement”form,and is responsible for submitting all
receipts.
6.1.3 Original receipts are required for all reimbursable expenses regardless
of the dollar amount.
6.1.4 A “Request for Travel Expense Reimbursement”form should be
submitted within two weeks after the reimbursable business expense has
been incurred.
6.1.5 Employees are to exercise every effort to minimize travel and meeting
expenditures.When alternatives are available,the employee will utilize
the least expensive alternative.
6.1.6 The designated travel coordinator will audit and finalize the “Request for
Travel Expense Reimbursement”form,sign,obtain approvals and
forward all necessary forms to the appropriate Division
(Training/Accounting).
6.1.7 The approval level required on the “Request for Travel Expense
Reimbursement”form is based on total expenses incurred.Employees
can not ~jrtdi~approve their own travel expenses.
6.1.8 Employees must have Department Head approval in writing before
agreeing to appear on a panel or to give a presentation on behalf of the
District.Failure to do so may preclude attendance.
6.2 LODGING
6.2.1 Lodging shall be in a hotel,motel or lodge.Hotel/motel rooms must be
standard (single occupancy)rather than deluxe accommodations.The
employee must pay lodging expenses directly and include the original
detailed hotel receipt with the “Travel Expense Reimbursement”form
before reimbursement will be made.Direct billings to the District for
employee lodging will not be accepted unless the circumstances are
unavoidable and written authorization from the General Manager’s office
is obtained in advance.Meals or other reimbursable charges on the hotel
bill will be applied towards the daily reimbursement maximum.
6.2.2 Making Reservations -When making hotel reservations,always ask for
the lowest available rate the hotel is offering (e.g.,government,season
special),which may be lower than the convention/conference rate.
Page 2 of 8
6.2.3 Canceling Reservations -A traveler canceling the reservation must do
so according to the hotel’s policy in order to avoid charges.The District
does not reimburse for non-canceled reservations,early departure.
or late cancellation charges unless approved by the Department
Head via an “Exceptions-Unauthorized Expenditures”memo
6.3 GROUND TRANSPORTATION
6.3.1 Employees must select the most economical,practical means of ground
transportation that is appropriate for the particular site.The reimbursable
distance for departures is the distance between the last stop (e.g.,
District or employee’s residence)and the terminal,and for arrivals is the
distance between the terminal and the first stop (e.g.;District or
employee residence).Automobile mileage reimbursement is given if an
employee is required to use a personal vehicle for travel within the
District’s general geographical area,which includes Orange,Los
Angeles,Ventura,San Bernardino,Riverside,San Diego,Imperial and
Kern Counties.
The District shall pay local transportation costs from the employee ‘s
residence to the departure airport If the employee uses thew his/her
personal vehicle,then mileage will be paid at the current IRS-approved
rate.Alternate travel to a departing airport shall be by bus,shuttle or taxi
only.
6.3.2 Reimbursement for personal auto usage for business will be calculated
per the current Internal Revenue Service Guideline.This rate is subject
to change.
6.3.3 Round-trip mileage expenses can be reimbursed when family
chauffeuring is the most economical alternative.
6.3.4 District vehicles may not be used to transport non-District employees.
6.3.5 Travel while at the local destination may be by shuttle,bus or taxi,as
needed.A rental car may be allowed.
6.3.6 Parking at the departure airport is reimbursable with receipts.
6.4 AUTO RENTALS
6.4.1 ~~‘“~“~-~rr”~-shniilcl IitiIi7A either WnrI1lvjew
mtal
ion
ea
cerullcduuit.bLdLenIent Hum me empioyee uia~mis is me mos~cost-
effective solution.Expenses that are subsequently determined not to h~
cost effective will require the employee to reimburse the District.
6.4.2 Rented autos should only be used when no other means of
transportation is economically feasible.Use of airport or hotel shuttles is
encouraged.
6.4.3 Class size -Intermediate or standard model,mid-size car (Class C),or
the smallest size compatible with the specific need,are to be used.
Page 3 of 8
Exceptions must be explained on an “Exceptions-Unauthorized
Expenditures”memo signed by the Department Head.The original copy
of the car rental contract and receipt must be attached to the “Travel
Expense Reimbursement”form.
6.4.4 Insurance —The District is insured or self-insured for damage to rental
cars used on company business.ONLY the “Loss Damage Waiver
Fee”is to be accepted and is reimbursable Any additional insurance
purchased for the rental car is ~reimbursable.
6.4.5 Rental Contract -When completing the rental agency contract,sign for
the District,not as an individual (i.e.Orange County Sanitation District,
CA,by (name)
6.4.6 Gas Surcharge —The District will not pay fuel surcharges.
6.4.7 Damage -In the event of damage to rental cars,all details of the event
reported to the police and/or the rental firm must also be provided to the
District Safety Manager Dijon within 24 hours of the incident.
6.5 AIR TRAVEL
6 5 1 Airline Reservations -The District staff should centralizes airline and
cental car reservations for businece travel through utilize either
Worldview Travel or the Internet,whichever is more cost ?ffective,to
secure airline r servations.in order to gain efficiency and obtain cost
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6.5.2 Contact information for Worldvlew Travel:All travel arrangements
wio~y~T~ustbe.m.~de through .departm ent/diyjsi~
designated thavel coordinators.
Business Woridview Travel
Contact P~~”Chorip Lowe
Address District Travel Consultant
535 Anton Blvd.,Suite 160
Costa Mesa,CA 92626
Business Phone (714)540-7400
Business Phone 2 1-800-627-8726
Business FAX (714)979-6040
E-mail cherie(ä~worldview.com
Web Page http://www.worldviewtravel.com
The Woridviow Travel Agency will determine air travel routes,class of service,
carriers,and auto rentals according to company policy.The lowest practical
airfare including diocountc and non refundable fares shall be selectod.An
employee will not be reimbursed for airline tickets obtained from an unauthorized
course unless it is an emoranncv.
0~~•~I
Page 4 of 8
6.5.3 Airline Reservationc -Emplo~~
arrangements directly with airlines,other travel agencies,or use an Internet
service for business travel.Such trancactions must go through designated travel
coordination staff for the Dictrict to claim its nogotiatod rebates on volume
as.Ticketing must occur within 21 hours of ~the reservation to
preserve the quoted airfaro price
6.5.4 Frequent Flyer Miles -Employees who belong to frequent flyer programs are
entitled to personally use all bonuses accrued by them on company business.
Under no circumstances,however,may employees purchase more expensive
tickets in order to accumulate frequent flier mileage or upgrade the class of
service.First or Business Class upgrades may be.us~d as long as the ticket still
represents the lowest practical airfare.
6.5.5 Excess Baggage Fees —The District will not reimburse for excess baggage fees
if not related to company business.This includes sporting equipment.
6.5.6 Alternative Airports -Alternative airports within close proximity (Los Angeles,
Long Beach,and Ontario)must be used if the savings exceed $150.
6.5.7 Lost Ticket Application —Once an employee accepts a District paid ticket,he
or she is responsible for it.If an employee loses a ticket,the replacement of the
District-paid ticket and all related fees are the employee’s responsibility.
Worldview Travel may not be u6od for this purpose;however,omp!oyooc If
airline reservations were made through Worldview Travel,the employ~é must
contact Worldview Travel immediately,requesting them to file a Lost Ticket
Application with the airline.If and when the District is reimbursed,the employee
will be entitled to the cost of the original ticket less any fees incurred.Employees
must take extra precautions to avoid losing ticket(s),which result in extra fees
and delays for refunds.
6 5 8 Unused Flight Tickets —Unused flight tickets ~
Ti?~I must be returned to division clerical staff within seven days of issuance.
Clerical staff will retain the unused flight ticket for future District air travel by the
same person.
6.5.9 Ticket Changes —The District will pay the additional fee to change a ticketed
flight only if the travel is required by the traveler’s supervisor and an “Exceptions
Unauthorized Expenditures”memo is completed,signed by the Department
Head and submitted with the “Travel Expense ReimbursemenV’form.If the
change is for the convenience of the traveler,no reimbursement will be allowed.
6 5 10 Flight Limitations —There should be no more than four (4)District Employees
total per flight.This will be monitored by the travel agency
6.5.11 Saturday Night Stay-over —The District may require a Saturday night stay-over
if the stay-over results in significant cost savings to the District.In genera!,it is
expected that business meetings that start on Tuesday or end on Thursday y!~fjI
~jpj justify a reimbursement for Saturday night stay-over.
Saturday night stay-over expenses are reimbursable only if the sum of the airfare
plus the expenses of the additional lodging,meals and incidentals resulting from
the stay-over are less than the lowest available airfare without the stay-over.
6.5.12 Flight Insurance —Flight insurance is not reimbursable.
Page 5 of 8
6.6 MEALS/INCIDENTALS
6.6.1 On overnight stays,District employees are entitled to reimbursement up
to $40 per day.Detailed receipts must substantiate out-of-pocket
expenses.The daily maximum includes an allowance of $6 for
incidentals.
6.6.2 When a training function or meeting does not involve overnight stay,the
meal reimbursement shall not exceed the following maximums:
(Breakfast:$6.00;Lunch:$10.00;Dinner:$18.00).Receipts are required
for reimbursement.
6.6.3 Provided Meals -Meal expenses are not reimbursable if furnished as
part of the event,provided by others,or included with airfare.
6.7 GROUP EXPENSE REIMBURSEMENT
6.7.1 When employees travel in a group,they should pay their own expenses.If this is
not practical,one member of the group may pay.Expense reimbursement form
shall include:
•Names of the individuals for whom the expense has been incurred
•Department number to be charged
•Circumstances involved
Expenses for meals etc can not ó~ith~exceed individual maximums on
an average per employee basis.
6.8 COMBINING BUSINESS AND PERSONAL TRAVEL
6.8.1 If an employee combines business and personal travel,the personal
travel expenses will be paid directly by the employee.For trips in which
the primary purpose is personal,the District pays only that portion of the
trip directly related to business.
6.8.2 Business travel is based on actual business expenses incurred.
Therefore,no adjustment is permitted between expense categories (e.g.,
funding extra airfare expense in exchange for reduced lodging in a
private home on a personal side trip).
6.8.3 In general,it is not appropriate for family members to accompany
employees on business trips.Any costs incurred on behalf of family
members are not reimbursable.
6.9 FOREIGN TRAVEL
6.9.1 Regardless of when expense reports are submitted,the exchange rate
for converting foreign currency expenses into U.S.dollars will be the rate
in effect at the time the U.S.dollars are converted to foreign currency
and supported by receipts.
6.10 TELEPHONE CALLS
Page 6 of 8
6.10.1 Business telephone calls and modem services are reimbursable with
receipt.On overnight stays,a $4.25 per day allowance is provided for
personal telephone calls.
6.11 CASH ADVANCE
6.11.1 Cash advances may be requested for overnight stays oc~4y FOR
EMERGENCY PURPOSES ONLY.The minimum request amount per
trip is $100.The maximum request amount is $250 per trip.To receive
a cash advance,the traveler is required to complete a “Request for
Emergency Cash Advance”form,obtain proper signatures and submit
the completed form to the Accounting Division.
6.12 NON-REIMBURSABLE EXPENSES
6.12.1 Expenses that are personal (not directly connected with District business)are not
reimbursable unless there are extenuating circumstances approved by the
General Manager.These include,but are not limited to the following:
•Clothing and toiletries
•Personal side trips,personal entertainment and personal trip
insurance
•Fees for use of recreational,health and gym facilities
•Home maintenance,baby sitting and pet boarding expenses
•Personal legal charges and traffic violations
•Loss or theft of cash,travelers checks,travel tickets and
credit cards
•Loss,theft or damage to personal property such as luggage,
auto and clothing
•Medical expenses
•Accident related costs resulting from an employee’s
business use of a personal auto
•Tips exceeding 15%
•Movies
•Alcohol
6.13 AGENCY/VENDOR-REIMBURSED EXPENSES
6.13.1 When any meeting or training fees are to be reimbursed by an outside
agency or vendor,the agency/vendor shall provide a letter to the
employee stating exactly which expenditures will be reimbursed.The
letter shall accompany the employee’s reimbursement package.The
designated travel coordinator shall prepare a letter to the agency/vendor
listing all expenditures that the agency/vendor has agreed to reimburse
and enclose a copy of the agency/vendor authorization letter and copies
of all receipts.This letter is copied to the employee and to the-Accounts
Receivable ~department so that the payment
can be credited to the proper account.
6.14 REIMBURSEMENT FOR NON-DISTRICT EMPLOYEES
6.14.1 Occasionally,the District requests others to travel either to the District or
on behalf of the District.In those instances,the Department Head shall
Page 7 of 8
prepare a letter authorizing the travel.After completing the travel,the
traveler submits a detailed invoice along with a payment request voucher
to Accounts Payable for processing.A copy of the authorization letter
shall accompany the payment request voucher.
7.0 RELATED DOCUMENTS
7.1 “Travel Expense Reimbursement”form
7.2 “Daily Expense Breakdown”form
7.3 ‘Request for Travel Authorization”form
7.4 “Exceptions-Unauthorized Expenditures”memo
7.5 “Request for Emergency Cash Advance”form
7.6 OCSD Administrative Standards and Procedures Guidelines,Section 111-22,
Travel and Training
Page 8 of 8
Orange County
Sanitation District
Policy Number:D10.00
Aqgust 22,2001
Effective Date:October 25,2000
Subject:LEAVE-OF-ABSENCE WITH PAY Octobçr 25,2000
Supersedes:April 26,2000
Approved by:Lisa L.Tomko
1.0 PURPOSE
1.1 The purpose of this policy is to establish uniform guidelines and procedures for use in
the administration of the District’s leave-of-absence with pay program.
2.0 ORGANIZATIONAL UNITS AFFECTED
2.1 All regular District employees.
3.0 DEFIN~T~ONS
4.0 POLICY
4.1 Vacation Leave Except as otherwise provided,regular full-time employees accrue
vacation leave in accordance with the following schedule:
Years of Service Hours-Biweekly Hours-Annually
In years 0 through 1 3.08 80
In years 2 through 4 3.08 80
In years 5 through 10 4.62 120
Inyearll 4.93 128
In year 12 5.24 136
In year 13 5.54 144
In year 14 5.85 152
In year l5and over 6.16 160
4.1.1 Vacation leave begins to accrue after a new employee has completed six
months of continuous service.After the first six months of service,the
employee’s account will be credited with 40 hours.After that time,the
employee will accrue vacation hours consistent with the above chart.
Vacation leave may only be utilized in increments of one-half hour or more.
Vacation leave is accrued for all paid hours,including hours actually worked
and hours in a paid-leave payroll status.A full-time,regular employee will be
Page 1 of8
granted pro rata vacation leave credit during any pay period in which he/she
is absent without pay for one (1)full working day.A part-time,regular
employee will not be granted vacation leave credit during any period he/she
is absent without pay on his/her regular working day.Employees may have a
maximum accumulation of 200 hours as of the last day of the final pay period
in December of each year.In the event an employee accrues vacation leave
in excess of 200 hours,it must be used prior to said December date,all other
remaining hours in excess of 200 will be paid to the employee in the first pay
period in January at the employee’s then current hourly rate of
compensation.
4.2 Sick Leave Sick leave is an insurance or protection provided by.the District to be
granted to employees in circumstances of adversity to promote the health and
welfare of the individual employee.It is not an earned right to take time off from
work.Sick leave is defined as the absence from duty of an employee because of a
bona fide illness,injury,or pregnancy,or to attend to the illness or injury of a family
member as hereinafter defined.Temporary employees are not entitled to sick leave
benefits.
4.2.1 Sick-Leave Accrual.Full-time employees hired prior to November 27,1981,
accrue paid sick leave at the rate of three and one-half (3.5)hours for each
biweekly pay period of continuous service (ninety-one (91)hours per year).
Full-time employees hired on or after November 27,1981,accrue paid sick
leave at the rate of three (3.0)hours for each biweekly pay period of
continuous service (seventy-eight 78]hours per year),beginning with the
first dayof employment ~ipioy~s~’cê~pr~ted sick lea~p
acco ~
4.2.2 Sick-Leave Credit.A full-time,regular employee shall be granted pro rata
sick-leave credit during any pay period in which he/she is absent without pay.
A part-time,regular employee shall not be granted sick-leave credit during
any period he/she is absent without pay on his/her regular working day.In
the event an employee is required to work part-time by direction of his/her
physician,sick-leave credit shall be prorated,except that sick leave shall
continue to accrue if an employee is absent due to an injury arising out of or
in the course of his/her employment and is entitled to Workers’
Compensation benefits.
4.2.3 Annual Payoff.Employees may elect annually to be paid for any unused sick
leave hours accrued through the end of October at their current hourly rate
according to the following payoff schedule or as specified in a Memoranda of
Understanding.
Accrued Sick Leave Hours Rate of Payoff
0-100 0%
101-240 25%
241-560 35%
Over 560 (mandatory)50%
4.2.4 Employees who separate for any reason other than retirement or death shall
be compensated for any accrued and unused sick leave according to the
Page 2 of 8
above schedule.Employees who retire or decease shall be paid at the fifty
percent (50%)rate for all accrued and unused sick leave.
4.2.5 Sick Leave Incentive Plan.The Sick Leave Incentive Plan applies to
Executive Management,Management,Supervisory and Professional
Groups.The Plan will be administered on an individual Group basis.If the
average sick leave usage of employees in a Group is under 40 hours per
year,calculated on annualized actual time off during the period from January
I to December 31 ~~eMb~r1..toO~ctpbe 31 exclusive of catastrophic
illness or injury requiring absence in excess of 200 hours or industrial injury
leave in excess of 80 hours,the annual payoff for unused sick leave will be
as follows ~t~ble.pr as oth~~ise stjpula~ed in
a prevaihng Memorandum of Undprst~nding
Accrued Sick Leave Hours Rate of Payoff
0-100 10%
101-240 40%
241-560 50%
Over 560 (mandatory)60%
4.2.6 Permissible Uses Sick leave may be applied only when:
a.The employee is physically or mentally unable to perform his or her
normal functions due to illness,injury,or a medical condition.
b.The absence is for the purpose of obtaining professional diagnosis or
treatment for a medical condition of the employee or the absence is due
to medical and dental office appointments of an employee when
approved by the employee’s supervisor.
c.The absence is for other medical reasons of the employee,such as
pregnancy or obtaining a physical examination.
d.The absence is for the care of the employee’s parent,father-in-law,
mother-in-law,brother,sister,spouse,child,step-child,grandchild,
grandparent,legal guardian,or any family member with whom the
employee resides.
e.The absence is due to a job-related injury.
f.In accordance with Labor Code Section 233,the absence is because the
omployoo’c presence is needed to attend to an illness of a parent
(foster or adoptive),step parent,legal guardian,spouse,child
(foster or adopted),step child,legal ward or a child of a
person standing in /oco parontic,provided that no more than the amount
of sick leave that would accrue to the employee during six (6)months at
the employee’s then current rate of accrual 6hall be applicable to this
typo of sick leave in each calendar
4.2.7 General Provisions To qualify for sick-leave pay,the employee must notify
the District at or in advance of the time the employee is scheduled to report
for duty.Minimum charge to the employee’s sick-leave account shall be one-
half (.5)hour and thereafter in one-half (.5)hour increments.
4 2 8 Human Resources ajp~g~it~~shall be responsible
for control of abuse of the sick-leave privilege.If notified in advance by a
manager or supervisor,the employee may be required,at any time,to furnish
Page 3 of 8
a certificate issued by a licensed physician or nurse,or other satisfactory
evidence of illness;however,for absences of ten (10)consecutive working
days or more,a request for leave and a medical statement,on prescribed
forms,stating expected date of return must be submitted to Human
Resources.Upon return to work,a written doctor’s release must be
submitted to Human Resources.For absences of one or more working days
in an unpaid status,a request for leave and a medical statement,on
prescribed forms,stating expected date of return must be submitted to
Human Resources.
4.2.9 If the need for leave is due to the employee’s serious health condition,as
defined in the Family and Medical Leave Act (“FMLA”)or the California
Family Rights Act (“CFRA”),the certification requirement shall comply with
provisions of these Acts.
4.3 Personal Leave Personal leave is provided to allow employees time off with pay for
vacation,personal business and non-job-related illness or injury.Personal leave is
accrued by full-time employees for all paid hours,including hours actually worked
and hours in a paid-leave payroll status,on a biweekly basis as follows:
*only 60 hours may be taken in the first year;the 20 additional hours shall be
credited to the accrual balance following successful completion of one year’s service.
~perspn~l leaye~onja p~o~ra~~jsls~c~g(çhng to
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4.3.1 Scheduled Time Off.Management shall make a reasonable effort,
considering the operational needs of the District,to accommodate all
employee requests for time off.Scheduled time off should normally be
requested at least two weeks in advance to increase the likelihood of those
dates being approved.However,in the event unforeseen circumstances
prevent such advance notification,employees may request scheduled time
off with as little as one day’s notice.Employeec with at loact one yoar’s
cervico muct roquect at loact 40 hourc off each year Preference among
employees who request time off at least six months in advance shall be
based on seniority.Requests received less than six months in advance shall
be scheduled in the order received.Personal leave may only be reported in
one-half (.5)hour or one-hour increments.
4.3.2 Unscheduled Time Off Personal leave that is classified as unscheduled time
off provides income protection to an employee who is unable to work due to
the following:
a.The employee is physically or mentally unable to perform his or her
normal functions due to illness,injury,or a medical condition.
b.The absence is for the purpose of obtaining professional diagnosis or
treatment for a medical condition of the employee or the absence is due
to medical and dental office appointments of an employee when
approved by the employee’s supervisor.
c.The absence is for other medical reasons of the employee,such as
pregnancy or obtaining a physical examination.
d.The absence is for the care of the employee’s parent,father-in-law,
mother-in-law,brother,sister,spouse,child,step-child,grandchild,
grandparent,legal guardian,or any family member with whom the
employee resides.
e.The absence is due to a job-related injury.
f.In accordance with Labor Code Section 233,the abconco ic because the
Page4of8
to attend to an ilinoec of a parent
(foster or adoptive),step parent,legal guardian,€
(foster or adopted),stop child,legal ward or a child of a
person standing in loop paronti&,provided that no more than the amount
of sick leave that would accrue to the employee during six (6)months at
the employoe’s then current rate of accrual shall be applicable to this
type of sick leave in each calendar year
Unscheduled time off must be accounted for by completion of an
Unscheduled Time Off Report upon the employee’s return to work.
Employees may be required to submit medical documentation for their injury
or illness.It is the responsibility of District management to control the
potential abuse of unscheduled time off privileges..Tardiness less than 15
minutes shall not be deducted from the employee’s pay,but numerous
occurrences will be addressed through the progressive discipline procedure.
Tardiness of one hour or more shall be considered an unscheduled
occurrence.
4.3.3 An employee’s attendance record shall be reviewed with an employee after
five separate occurrences of unscheduled time off to a4dres~provide an
opportunity to assess problems that could potentially lead to disciplinary
action.
•The accumulation of the sixth and seventh occurrence within a calendar
year shall result in a verbal warning.
•The eighth occurrence shall result in a written warning.
•Employees who are charged with ten occurrences of absence within a
twelve-month period shall be subject to termination.
•Absences of multiple consecutive days involving the same injury or
illness shall be considered a single occurrence.
The District also has the right to discipline employees on the basis of total
absences away from work.Employees must notify their supervisor prior to
the start time of their shift when they are unable to report for work.
Employees returning from an extended leave should notify their supervisor
as soon as possible to facilitate personnel scheduling.
4.3.4 Human Resources,along with the division management,shall be responsible
for control of abuse of the unscheduled leave privilege.The employee may
be required,at any time,to furnish a certificate issued by a licensed
physician or nurse,or other satisfactory evidence of illness;however,for
unscheduled absences of ten (10)consecutive working days or more,a
request for leave and a medical statement,on prescribed forms,stating
expected date of return !flM~be submitted to Human Resources.Upon
return to work,a written doctor’s release must be submitted to Human
Resources.For absences of one or more working days in an unpaid status,
a request for leave and a medical statement on prescribed forms,stating
expected date of return must be submitted to Human Resources.
4.3.5 Personal Leave and Workers’Compensation Leave Employees who are
injured in the course of their employment are placed on Workers’
Compensation Leave,and receive wage loss benefits to which they are
entitled under the Workers’Compensation Act.Employees may request to
receive prorated Personal Leave pay to supplement their Workers’
Compensation payments in an amount such that the sum of both is equal to
the employee’s regular base pay.
4.3.6 Personal Leave Payoff Employees (or their estate)who separate,retire or
Page 5 of 8
die shall be paid in full at their current rate of pay for all Personal Leave
hours accrued.
4.3.7 Maximum Accrual Employees may only accrue up to 400 hours of Personal
Leave as of the last day of the final pay period in December of each year.
Emninveec mrw request to be n~iri in full for un to 40 such hours in exce~of
4.3.8 Sick Leave Bank Employees who elect to bank sick leave accrued prior to
the implementation of Personal Leave provisions may elect to use such time
off for absence due to illness or injury once 40 continuous hours of Personal
Leave have been used.(The 40 hour stipulation does not extend to
employees in the Confidential Group).Employees who retire or die shall be
paid at the 50 percent rate for all Banked Sick Leave hours;an employee
who separates shall be compensated for Banked Sick Leave as follows.
Banked Sick Leave Hours Rate of Payoff
0-100 0 percent
101 -240 25 percent
241 -560 35 percent
Over 560 50 percent
4.3.9 If the need for leave is due to the employee’s serious health condition,as
defined in the Family and Medical Leave Act (“FMLA”)or the California
Family Rights Act (“CFRA”),the certification requirement shall comply with
the provisions of these Acts.
4.4 Jury Duty Leave Any full-time,including probationary,employee who is called for
jury duty shall upon request on prescribed forms approved by Human Resources be
entitled to his/her regular pay for those hours of absence due to performance of the
jury duty for a period up to twenty-two (22)working days,provided that his/hor fees
for such service,exclusive of mileage,are cubmittod to the District for deposit in the
General Fund of the District
4.4.1 Prior to jury duty service,each employee must complete the District’s Leave-
of-Absence Form and t~wri-it in subrniti to Human Resources with a copy of
the summons.To be entitled to receive regular pay for such jury leave,
employees must report for work during their regularly scheduled work shift
when they are relieved from jury duty service,unless there is less than one-
half (1A)of their regular shift remaining.Employees are not compensated for
jury duty occurring on scheduled days off.
4.4.2 An employee serving jury duty must obtain an attendance slip from the court
to be submitted to Payroll with his/her time sheet in order to be eligible for
regular pay for those hours of absence due to jury duty.
4.5 Witness Leave Any full-time,including probationary,employee who is required to be
absent from work by a subpoena properly issued by a court,agency or commission
Page 6 of 8
legally empowered to subpoena witnesses,which subpoena compels his/her
presence as a witness,except in a matter wherein he/she is named as a defendant
or plaintiff or as an expert witness,shall,upon request on Leave-of-Absence Forms
approved by Human Resources,be entitled to the time necessary to comply with
such subpoena provided any fees received for cuch cervice,exclusive of mileage,
are submitted to the Dictrict for depocit in the General Fund of the Dietrict AI~
emplo~g~il’v~di~tie ré~E~d ~~le~a~Day receivred,
exclusjye ~jThii~ajeI
4.5.1 An employee so subpoenaed must submit a copy of the subpoena with
his/her time sheet in order to be eligible for pay for such absence.To be
entitled to receive regular pay for such witness leave,the employee must
report for work at the District for time not actually retained on witness service
of one (1)hour or more prior to and/or upon completion of each day’s
service,exclusive of travel time.
4.6 Military Leave A request for military leave shall be made upon Leave-of-Absence
Forms approved by Human Resources and shall state the date wheh it is desired to
begin the leave-of-absence and the date of anticipated return.A copy of the orders
requiring such military service shall be submitted with the request.
4.6.1 Provisions of the Military and Veterans Code of the State of California,
Sections 395-395.5 shall govern military leave.In general,current law
provides that an employee having one year or more service with a public
entity is entitled to military leave with pay not exceeding thirty (30)days per
year if the employee is engaged in military duty ordered for purposes of
active military training or encampment.An employee who is required to
attend scheduled service drill periods or perform other inactive duty reserve
obligations is entitled to military leave without pay,not exceeding seventeen
(17)calendar days per year,although the employee may,at his or her option,
elect to use vacation or personal leave time to attend the scheduled reserve
drill periods or to perform other inactive drill period obligations.Employees
who participate in weekend military drill duty are not eligible for leave with
pay for such activity,but may have their regular work schedule changed to
accommodate the required time off.
4.7 Bereavement Leave Using the prescribed forms,approved by Human Resources,
any full-time employee,whether probationary or regular,shall receive a maximum of
three (3)days off with pay for the death or funeral of an immediate family member.
Immediate family member is defined as the employee’s father,father-in-law,mother,
mother-in-law,brother,sister,husband,wife,child,step-child,step parent,
grandchild,grandparent,legal guardian,or any family member with whom the
employee resides or who is identified in the employee’s Memorandum of
Understanding (MOU),if applicable.Employees must submit a leave-of-absence
form for approval by the supervisor and Human Resources.
5.0 PROCEDURE
6.0 EXCEPTIONS
6.1 Section 4.1,Vacation,including Subsection 4.1.1 and 4.12 of this policy does not
apply to employees covered under the provisions of Personal Leave in the
Operations and Maintenance Memorandum of Understanding and employees in the
Confidential Group.
Page 7 of 8
6.2 Section 4.2,Sick Leave,including Subsections 4.2.1 through 4.2.8,of this policy
does not apply to employees covered under the provisions of Personal Leave in the
Operations and Maintenance Memorandum of Understanding and employees in the
Confidential Group.
6.3 Section 4.3,Personal Leave,including Subsections 4.31 through 4.3.9,of this policy
applies only to those employees covered under the provisions ~f Personal Leave in
the Operations and Maintenance Memorandum of Understanding and employees in
the Confidential Group.
6.4 Vacation leave is not accrued for overtime hours worked.
6.5 If any conflict is found to exist between this policy and an existIng Memorandum of
Understanding,the M.O.U.provision shall prevail.
~rued balances of vacation ~comoencatorv leave,and norconal iu~vu uii~v u~cathod gui
iu on”~”reguu~t on an annual u~i~in December uu u~ii.~n calendar year
7.0 PROVISIONS AND CONDITIONS
7.1 Accrued balances of vacation leave,compensatory leave,~ánd personal leave may
be cashed out at~tf~e emç~gy~’s request on an annua~,asis in December of each
7.2 Employees may have a maximum accumulation of 200 hours of vacation as of the
last day of the final pay period in December of each year.
7.3 In the event an employee accrues vacation leave in excess of 200 hours,it must be
used prior to the December date,all other remaining hours in excess of 200 will be
paid to the employee in the first pay period in January at the employee’s then current
hourly rate of compensation.
7.4 Employees are not eligible to schedule vacation leave until the completion of six
months continuous service.
7.5 Employees may not maintain a negative balance OR p~vacation,sick,compensatory,
or personal leave accruals.
8.0 RELATED DOCUMENTS
8.1 Operations and Maintenance MOU
8.2 Administrative and Clerical MOU
8.3 Engineering MOU
8.4 Technical Services MOU
8.5 Supervisory and Professional MOU
8.6 Personal Leave Unscheduled Time Off Report Form
Page 8 of 8
Orange County
Sanitation District
Policy Number:D20.OO
Aug sf~2,2OOf
Effective Date:April 26,2000
Subject LEAVE-OF-ABSENCE
WITHOUT PAY
April 26,2~OO
Supersedes:October 22,1997
Approved by:Lisa L.Tomko
1.0 PURPOSE
1.1 The purpose of this policy is to establish uniform guidelines and procedures for
use in the administration of the District’s leave-of-absence without pay program.
2.0 ORGANIZATIONAL UNITS AFFECTED
2.1 All ~District employees.
3.0 DEFINITIONS
4.0 POLICY
4.1 It is the policy of the District to grant employees extended leave-of-absences
under certain circumstances.Except as stated below,employees shall not
receive compensation during an extended leave-of-absence.
4.1.1 Family and Medical Leave Act and California Family Rights Act Leave
Using the prescribed forms,approved by Human Resources,any full-
time,including probationary,or part-time employee with at least fifty-two
(52)weeks of service and at least one thousand two hundred fifty (1,250)
hours of service,may be granted an FMLA or CFRA leave-of-absence
without pay,not to exceed twelve (12)weeks in a twelve (12)month
calendar period.A request for leave-of-absence without pay must be
made upon prescribed forms in all instances where an employee is
absent without pay for more than fivo (5)conEocutive one (1)br4ii~re
working days,or for absences often (10)consecutive working days or
more when using paid sick leave accruals.
4.1.2 Substitution of Paid Leave Employees who request FMLA or CFRA
leave for qualifying purposes other than the employee’s own userlous
health condition”shall be required to use all vacation and other leave
accruals,except sick leave accruals,before unpaid leave is granted.
Vacation,personal leave and sick leave credit shall not accrue during
any pay period that an employee is absent without pay for more than one
day.Employees may elect to substitute sick leave,with District approval
if such leave is authorized,pursuant to Section 4.2.6,Permissible Uses,
of Policy D10.00,Leave-of-Absence with Pay.
4.2 Permissible Uses The following are FMLA and CFRA leave permissible uses:
Page 1 of4
4.2.1 FMLA Leave Unpaid FMLA leave may be used for 1)child care
following the birth or placement of a child,2)the care of a parent,father
in-taw,mother-in-law,brother,sister,spouse,child,step-child,
grandchild,grandparent,legal guardian,or any family member with
whom the employee resides who has a “serious health condition,”as
defined in the Act or 3)for the employee’s own “serious health condition”
that renders the employee unable to perform the essential functions of
his or her position,including incapacity due to pregnancy.
4.2.2 CFRA Leave Unpaid CFRA leave may be used for thesame purposes
as FMLA Leave,and shall run concurrently except that an employee’s
incapacity due to pregnancy is not eligible for CFRA leave.However,
such incapacity may entitle an employee to up to four ~4)months of
pregnancy disability leave,with medical approval,plus another twelve
(12)weeks of FMLA leave,to care for the child,in a twelve (12)month
period.
4.3 General Provisions The following general provisions shall apply:
4.3.1 Requests for FMLA and CFRA Leave Where the need for leave is
foreseeable,the District requests thirty (30)days advance notice.
4.3.2 Medical Certification As a condition of FMLA or CFRA leave because of
a “serious health condition,”the District may require certification by a
health care provider.
4.3.3 Medical and Dental Premiums During FMLA and CFRA leave,the
District shall pay for medical and dental benefits at the same level as
coverage would have been provided if the employee was not on leave.
The employee shall be required to pay his or her share of medical and
dental premiums.
4.3.4 Reinstatement Upon expiration of FMLA or CFRA leave,the employee
shall be reinstated to the same or a comparable position unless the
employee would not otherwise have been entitled to that position for
reasons unrelated to such leave (e.g.,lay-offs),in which case the
District’s obligation to continue health and dental or other benefits shall
cease.
4.3.5 Failure to Return to Work If,upon the expiration of FMLA or CFRA
Leave,or any District-approved extension thereof,an employee fails to
return to work ~nd ?~o ~dditbnat I$aV~h~bee~i aUtMrZ~the
employee shall be considered to have automatically resigned from
his/her position.The District shall review vacancies to determine
whether or not a vacant position exists that the employee is qualified to
perform with or without reasonable accommodation.If the employee is
still unable to perform the essential duties of hic’her s~ich a position the
employee shall be considered to have automatically resigned from
his/her position,unless eligible for disability retirement.
4.3.6 Bridge of Service If an employee automatically resigns from his/her
position as a result of a “bona-fide”injury or illness,and then is rehired to
a position within the District within one year,the District shall bridge the
employees’service date.“Bridging of service”means adding the total
number of days away from work to the employees’original date of hire.
Page 2 of 4
4.4 Married Employees Employees of the District who are married to each other
shall be limited to a combined total of twelve (12)weeks FMLA or CFRA Leave in
a twelve (12)month calendar period if the leave is taken:
(1)for birth of the employee’s son or daughter or to care for the child after birth;
(2)for placement of a son or daughter with the employee for adoption or foster
care,or to care for the child after placement;or
(3)to care for the employee’s parent with a serious health condition.
Where the husband and wife both use a portion of the total 12-week FMLA leave
entitlement for one of the above purposes,the husband and wife would each be
entitled to the difference between the amount he or she has taken individually
and 12 weeks for FMLA leave for a purpose such as his orher own serious
health condition.
4.5 Limit on Leaves-of-Absence Authorized leave-of-absences,whether paid or
unpaid,shall not exceed six (6)months in a twenty-four (24)month period,
unless required by the FMLA,CFRA or other law.
4.6 General Leave Subject to Section 4.5,“Limit on Leaves of Absence,”
employees may be granted a general leave-of-absence to attend to personal
matters,or for FMLA or CFRA qualifying events,after the expirations of
previously authorized leave,if the thro~t~r Of Human Resources iea~gnee
determines that an extended period of time away from the job shall be in the best
interests of the employee and the District.
4.6.1 During a general leave-of-absence,the employee shall be required to
pay both the District’s and the employee’s share of medical and dental
premiums.
4.7 Return to Work Policy for Non-Work-Related Leave An employee who has been
absent from work due to a medical,non-work-related reason shall be subject to a
Return-to-Work medical evaluation.
4.7.1 If it is determined that the job demands of the position last held by the
employee are not compatible with the employee’s restrictions (with
reasonable accommodation if the employee is disabled within the
meaning of the ADA)and the employee is willing to return to work,
placement in an alternative position,if available,shall be considered.
The employee shall be re-classified as “medically disqualified”while
alternative positions are being considered.Such time off shall be without
pay;however,the employee may elect to use accrued leave hours,such
as vacation,sick or personal,to receive compensation.Placement of an
employee in an alternative position requires a pre-placement medical
evaluation for the alternative job.
4.7.2 If it is determined that the job demands of the position last held by the
employee are not compatible with the employee’s restrictions (and
cannot be reasonably accommodated if the employee is disabled within
the meaning of Americans with Disabilities Act)and there is not an
alternative position,or the employee’s restrictions are not compatible
with an alternative position,or the employee ig not willing to return to
Page 3 of4
4 5 the employee shall be re-classified as medically disqualified and
not permitted to work.Thereafter,the employee shall be retired for
disability,if eligible,or dismissed.Such dismissal shall not constitute
disciplinary action for cause.If requested,the employee’s file will
indicate the employee left for personal reasons.
4.8 Compliance with Law These Leave-of-Absence provisions shall be interpreted and
applied in a manner that is consistent with the provisions of FMLA,CFRA,ADA and
all other laws.In the event there is a direct conflict between these provisions,as
written or applied,the provisions of law shall govern.
5.0 PROCEDURE
6.0 EXCEPTIONS
7.0 PROVISIONS AND CONDITIONS
8.0 RELATED DOCUMENTS
8.1 Operations and Maintenance MOU
8.2 Administrative and Clerical MOU
8.3 Engineering MOU
8.4 Technical Services MOU
8.5 Supervisory and Professional MOU
8.6 Policy 010.00,Leave-of-Absence with Pay
Page 4 of 4
Orange County
Sanitation District
Policy Number:
May 1,1997
Effective Date:~
WA
Supersedes:
Subject:SUBSTANCE ABUSE
Approved by:Lisa L.Tomko
1.0 PURPOSE
1.1 To establish and maintain a drug and alcohol free workplace.
1.2 To reduce the incidence of accidental injury to person or property.
1.3 To reduce absenteeism,tardiness,and indifferent job performance.
1.4 To provide assistance towards rehabilitation for any employee who seeks the.District
help in overcoming addiction to,dependence on or problems with alcohol or drugs.
1.5 To maintain a work environment free of alcohol and drug related performance
problems,accidents and injuries.
2.0 ORGANIZATIONAL UNITS AFFECTED
2.1 All
jctom~io~e~
3.0 DEFINITIONS
3.1 Illegal Drugs:Any drug (a)rwhich ~is not legally obtainable,or (b)rwhich is
legally obtainable but has not been legally obtained.The term includes,but is not
limited to,cocaine,crystal methamphetamine,heroin,POP,and marijuana.It includes
prescribed drugs not legally obtained and prescribed drugs not being used for
prescribed purposes.It includes controlled substances as defined in the federal
Controlled Substance Act.It also includes any substance,which a person holds out to
another as an illegal drug,whether or not the substance itself is illegal.
3.2 Paraphernalia:Drug paraphemalia may include pipes,hypodermic needles,bongs,
rolling papers,and other items used in the ingestion,consumption,or the preparation
for consumption of illegal drugs.
3.3 Legal Drugs:Legal drugs include prescribed drugs and over-the-counter drugs,which
have been legally obtained and are being used for the purpose for which they were
prescribed and manufactured.
3.4 Under the Influence:Having the presence of any detectable level of drugs in the body or
blood alcohol level greater than .02%.
Page 1 of6
3.5 Need to Know:A term applied to persons who may reasonably be expected to base
administrative,managerial or supervisory activity on a given piece of information to
which they would not be otherwise entitled.
3.6 Reasonable Suspicion:Reasonable suspicion of controlled substance or alcohol use
may be based on appropriate factors,including excessive absenteeism or attendance
problems,poor work performance or erratic behavior coupled with one or more of the
following signs:bloodshot or watery eyes;very large or very small pupils,runny nose,
excessive perspiration,nausea and vomiting,lack of coordination,slurred speech,or
unpredictable responses to ordinary requests.
4.0 POLICY :
4.1 It is the policy of the District to maintain a safe workplace,which is free of alcohol
and illegal ~
5.0 PROCEDURE
5.1 ILLEGAL DRUGS
5.1.1 The sale,purchase,offer to sell or purchase,use,transfer or possession of,
or being under the influence of,illegal drugs while on District business or
time,or on,or in,District premises or property is prohibited.
5.1.2 No employee shall bring drug paraphemalia onto District premises or
property or into District vehicles.
5.2 OTHER DRUGS
5.2.1 No prescription drug shall be brought upon District premises by any person
other than the person for whom the drug is prescribed by a licensed medical
practitioner,and shall be used only in the manner,combination,and
quantity prescribed.The use,possession,sale,offer to sell,transfer,or
purchase of legal drugs,except under the conditions specifically permitted
herein,is prohibited.
5.2.2 If an employee has any question or concern as to his or her ability to safely
or efficiently perform the job while taking a prescription drug or other
medication,the employee has an affirmative obligation to report the use of
that drug or medication to th~Safety &Emergency Response Manager
5.2.3 Upon receiving such notification from any employee,the Safoty and
Emergoncy Recponce Manager shall contact the Orange County
Sanitation Districl~physician or designee for a determination of the ability of
the employee to work while using that drug.
5.2.4 An employee may continue to work,while taking a legal drug,if the District
has determined,after consulting with the District’s physicians or designee,
that the employee does not pose a threat to the employee’s own safety orto
the safety of co-workers,and that the employee’s job performance is not
adversely affected by the legal drug.Otherwise,the employee may be
required to take a leave of absence or comply with other appropriate action
determined by management.
Page 2 of 6
5.2.5 An employee who fails to report legal drugs,that adversely affects his/her
behavior,to the employee’s supervisor so that a determination of fitness to
work can be made,may be subject to disciplinary action,up to and including
termination.
5.3 ALCOHOL
5.3.1 No alcoholic beverages may be brought onto or consumed on District time
or property.
6.0 PROHIBITION AGAINST EMPLOYEES HAVING ILLEGAL DRUGS OR ALCOHOL IN
THEIR BODIES DURING WORKING TIME
6.1 All employees of the District are expected to report for work with no residue or
metabolite of illegal drugs in the body or blood alcohol level greater than .02%.
Employees must not have any residue or metabolite of illegal drugs in the body or
blood alcohol level greater than .02%at any time while on the job.Compliance with
these rules is considered an essential job qualification for all employees.
7.0 ENFORCEMENT OF RULE PROHIBITING EMPLOYEES FROM HAVING ILLEGAL
DRUGS OR ALCOHOL IN THEIR BODIES DURING WORK TIME
7.1 PRE-EMPLOYMENT ALCOHOL/DRUG SCREENING
7.1.1 Prior to employment with the District,all final candidates shall be required to
pass an alcohol/drug screen test administered by a medical facility
designated by the District.
7,1.2 Any prospective employee refusing to submit to such examination shall not
be hired by the District.
7.1.3 Any prospective employee failing the alcohol/drug screen test shall be
rejected from further consideration from employment with the District.
7.2 REASONABLE SUSPICION ALCOHOL/DRUG SCREENING
7.2.1 When the District has a reasonable suspicion that an employee is,or may
be,impaired or affected on the job by alcohol or illegal drugs,or that alcohol
or illegal drugs are,or may be,present in an employee’s body in violation of
the rules set forth in this policy,the employee shall be required to submit to
an alcohol/drug screen test immediately upon demand by the District.
7.2.2 Refusal to submit to such a test amounts to insubordination and shall be
sufficient grounds for dismissal.
7.2.3 Any employee failing such a test,or who tampers with the test specimen,
shall be subject to dismissal from the District.
7.2.4 If a District manager or supervisor has a reasonable suspicion that an
employee is impaired by drugs or alcohol while on District business or on
District property,or otherwise in violation of this policy,the supervisor,with
approval of the Safety and ~margenoy Re6pon6e Manager or Human
Resources Director,must refer that employee for a drug and alcohol
screening test.
Page 3 of 6
7.2.5 If an employee has reasonable suspicion that another employee is impaired
by drugs or alcohol in such a manner as it may offer concern for the safety
and well-being of other employees or the public,or is otherwise in violation
of this policy,that employee has an obligation to immediately bring the
matter to the attention of a District manager or supervisor.
7.3 EMPLOYEE ASSISTANCE PROGRAM
7.3.1 District policy is to help employees with substance abuse problems who
voluntarily seek assistance.Accordingly,the District provides a method by
which employees may come to management without fear of reprisal and
seek assistance.
7.3.2 Any employee who feels that he or she has developed an addiction to,
dependence upon or problem with the use of alcohol or drugs,is
encouraged to seek assistance.Assistance may be sought by writing in
confidence to,or asking for a personal appointment with the Human
Resources Director.
7.3.2.1 Each request for assistance shall be treated as confidential.Only
those persons with a need to know shall be made aware of such
requests.
7.4 Human Resources shall maintain contacts with local hospitals and/or employee
assistance organizations offering alcohol or drug treatment programs.Human
Resources shall refer employees seeking assistance to an appropriate treatment
organization.
7.5 Rehabilitation is the responsibility of the employee,but any employee seeking
medical attention for alcoholism or drug addiction shall be entitled to benefits
available under the District’s group medical insurance plans with the restrictions and
limits stated in the applicable plan summary.Employees on rehabilitation leave shall
be subject to the extended Medical Leave and General Leave of Absence provisions
in the District’s Human Resources Policies and Procedures.
7.6 To be eligible for continued employment after rehabilitation,the employee must
provide certification that he/she was continuously enrolled in a treatment program
and actively participated in that program.
7.6.1 Any employee suffering from an alcohol or drug problem who rejects
treatment or who leaves a treatment program prior to being properly
discharged therefrom shall be dismissed from employment with the Orange
County Sanitation District.
7.7 Any employee retuming to active employment from rehabilitation shall be required to
sign a Return to Work Agreement providing:
7.7.1 Unannounced testing for a period of minimum twelve (12)months to insure
that the employee is free from the alcohol or drug problem.
7.7.2 Notice that failure of,or refusal to take,such a test during this period shall
constitute just cause for immediate dismissal of the employee.
7.7.3 Notice that the employee shall maintain an acceptable attendance and
performance record and comply with all other District policies upon th*.
Page 4 of 6
return to work.Failure to maintain an acceptable attendance and
performance record shall constitute just cause for immediate dismissal.
7.8 No disciplinary action shall be taken against any employee who,for the first
occurrence,comes forward to the District with t~oi~problem prior to 1)the
District becoming aware of a possible violation of the drug and alcohol policy,or 2)a
request by the District to undergo drug testing.However,once the District learns of
a possible violation of the drug and alcohol policy or requests the employee to
undergo drug testing,or if there is a reoccurring problem,the District is not obligated
to grant the employee General Leave for rehabilitation.All testing procedures shall
be in conformance with National Institute on Drug Abuse standards,and shall be
conducted at a reasonable time at the Districts expense.
8.0 INSPECTiONS
8.1 In order to insure the safety of the work place and the workforce,and to protect and
preserve the District’s property,the District may from time to time inspect the
District’s vehicles,tool boxes,lockers,desks,file cabinets and other District property.
8.1.1 These inspections may not be announced and employees should have no
expectation of privacy with respect to items brought ~nto District property
and/or stored in such District facilities.
8.1.2 It is a condition of employment for employees to cooperate with these
inspections.Refusal to consent to such an inspection amounts to
insubordination and may constitute cause for termination.
8.1.3 A representative from Human Resources must be present during any
inspection of District property due to a reasonable suspicion that the
Substance Abuse policy has been violated.
8.2 EFFECTIVE DATE
8.2.1 This policy is effective immediately upon notice to employees.Each current
employee shall be furnished a copy of this policy and shall sign a receipt for
same.Later-hired employees shall be furnished a copy at or before the
time of hiring.
8.3 DISCIPLINARY ACTION
8.3.1 Except as otherwise provided in Section 7.3,violation of the Dictrict’c Drug
and Alcohol ~Policy may result in disciplinary action,up to
and including termination,even for a first offense.
9.0 EXCEPTIONS
9.1 If any portion of this policy is found to be at variance with the provisions of an
approved Memorandum of Understanding (MOU),the MOU provisions shall prevail
with respect to employees in the affected bargaining unit.
10.0 PROVISIONS AND CONDITIONS
10.1 No employee shall be eligible for rehabilitation under the employee assistance
program more than one time.The reoccurrence of an alcohol or drug problem shall
be cause for dismissal.
Page 5 of6
11.0 RELATED DOCUMENTS
Page 6 of 6