HomeMy WebLinkAboutOC SAN 22-05 RESOLUTION NO. OC SAN 22-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT APPROVING THE
HEALTH REIMBURSEMENT ARRANGEMENT (HRA) PLAN
FOR THE MANAGERS GROUP IDENTIFIED THROUGH THE
2021 HRA REOPENER NEGOTIATIONS
WHEREAS, on August 28, 2019, the Board of Directors ("Directors") of the Orange
County Sanitation District (the "District") authorized the General Manager to negotiate with
the represented employee organizations to discuss a potential Health Reimbursement
Arrangement (HRA; also referenced as Health Retirement Account in MOUs) plan, per the
agreed upon HRA reopener.
WHEREAS, following negotiations with the Supervisory and Professional
Management Group (SPMG), OC San and SPMG reached a tentative agreement regarding
the HRA;
WHEREAS, consistent with past practice, OC San opened discussions with similarly
situated unrepresented employees, including the Managers Group, and issued a proposal
with equivalent terms to the tentative agreement with SPMG, adjusted only to reflect the types
of leave accruals applicable to the group;
WHEREAS, OC San has agreed to implement an HRA plan for the Managers Group
reflecting the parties' understanding regarding certain terms and conditions as set forth in the
OC San HRA agenda report, which include:
• Health Reimbursement Arrangement: OC San will establish a Health
Reimbursement Arrangement (HRA) for all employees in the Group, per Internal
Revenue Guidance Rev. Rul. 2002-41 and Rev. No. 2002-45.
o All employees of the Group shall be required to contribute uniformly to the
HRA according to the following plan design and may not opt out.
o For the following actively accruing leave banks:
■ All mandatory personal leave payouts shall be contributed to the HRA
(as referenced in Policy 3.3; attached).
■ All mandatory compensatory leave payouts shall be contributed to the
HRA (as referenced in Policy 2.2; attached).
■ All mandatory vacation leave payouts shall be contributed to the HRA
(as referenced in Policy 3.3).
■ All mandatory sick leave payouts shall be contributed to the HRA (as
referenced in Policy 3.3).
o In the event of death while employed at OC San, any compensation for
accrued and unused leave shall be paid to the employee's designated
beneficiaries.
o In the event of death, the employee's HRA account and all monies within
shall be transferred to the employee's qualified dependent of record. The
qualified dependent of record is a designation defined by IRS rules, which
may be a spouse, legal domestic partner, or a child that is still listed as a
OC SAN 22-05-1
dependent on your income tax return. In the event that there is no qualified
dependent of record, all assets in the HRA shall be forfeited and distributed
on a non-discriminatory basis to remaining plan participants.
o In the event of termination of employment by OC San, any compensation for
accrued and unused leave shall be paid directly to the employee.
o OC San shall pay the administrative costs of the HRA plan up to a maximum
of$30 per year per employee. Employees shall be responsible for any asset
management fees.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1. The aforementioned HRA plan as outlined herein is hereby approved
and may be implemented upon completing the procurement process for a vendor.
Section 2. The General Manager is authorized to initiate a procurement for an
HRA vendor upon the conclusion of negotiations with all represented and unrepresented
groups, and sign a contract with the designated carrier for the approved plans.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held January
26, 2022.
9a�8 WctGce��
John B Withers(Jan 27,202216:38 PST)
John B. Withers
Board Chairman
ATTEST:
Kelly Lore
Kelly Lore(Jan 31,202206:35 PST)
Kelly Lore
Clerk of the Board
OC SAN 22-05-2
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District,
do hereby certify that the foregoing Resolution No. OC SAN 22-05 was passed and
adopted by a two thirds vote; at a regular meeting of said Board on the 26t" day of
January 2022, by the following vote, to wit:
AYES: Brad Avery, Ron Bates, Kim Carr, Art Brown, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Johnathan Brooke Jones, Steve Jones, Anthony Kuo,
Sandra Massa-Lavitt, Paulo Morales, Andrew Nguyen, Kim
Nichols, Robert Ooten, Glenn Parker, David Shawver, Jesus
Silva, Donald Wagner, John Withers and Chad Zimmerman
NOES: None
ABSENT: Ryan Hernandez and Chad Wanke,
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 26t" day of January 2022.
Kolly Lore
Kelly Lore(Jan 31,2022 06:35 PST
Kelly A. Lore, MMC
Clerk of the Board
OC SAN 22-05-3
O range County Policy Number: 2.2
i Sanitation District
Personnel Policies Effective Date: September 26, 2018
Subject: Non-Base Building Pay Supersedes: N ovem ber 14, 2011
Approved by: G eneral M anager
1.0 PURPOSE
1.1 T he purpose of this policy is to establish uniform guidelines and procedures for non-
base building pay that does not becom e a perm anent part of base pay, and m ay vary
in am cunt from period to period.
2.0 O FG PNIZATIO NAL UNITS AFFECTED
2.1 A II O range County Sanitation District(O CSD) regular, full-tim a em ployees, as
specified herein.
3.0 DEFINITIO N5
3.1 A cting m eans perform ng substantially all of the duties of a vacant, budgeted position,
unless otherwise stipulated by an em ployee's affiliated bargaining unit M em orandum
of Understanding (M O Q, with a higher m axim urn rate of pay.
3.2 C all-Back Pay is corn pensation provided to em ployees for returning to work at the
direction of O CSD m anagem ent.
3.3 D evelopm ent Pay is non-base building com pensation provided to em ployees for
obtaining job-related educational degrees, certificates and/or licenses that increase
job knowledge, skills, and abilities.
3.4 E xem Pt Em ployees are those em ployees who are not covered by the m him urn wage
and overtim a provisions of the Fair Labor Standards Act, as am ended. Such
em ployees are considered exem pt by virtue of their duties in conform once with the
Act's definition of executive, adm nistrative and professional responsibilities.
3.5 N on-Exempt Ern ployees are those em ployees who are covered by the m him urn wage
and overtim a provisions of the Fair Labor Standards Act, as am ended. Such
em ployees, because of the type of work that they perform and their earnings level, are
subject to receiving overtime pay.
3.6 vO ertim e is the num ber of hours which are counted as tim eworked in excess of forty
(40) hours during a workweek.
3.7 S hift Differential Pay is additional com pensation provided to em ployees who are
regularly assigned to work a night shift.
3.8 S tandby is time during which an em ployee is not required to beat the work location or
at the em ployee's residence but is required to be available for im m eliate return to
Personnel Policies&Procedures M aival Page 1 of 11 Effective: 09/26/18
Policy 2.2, Non-Base Building Pay
work.
3.9 S ubstitution Pay is com pensation provided to em ployees in the O perations and
M antenance Department for perform ng the duties of an absent supervisor.
3.10 W rkweek for full-tim a em ployees is forty(40) hours per one hundred sixty-eight (168)
hour period, to be paid on a biweekly payroll basis of eighty(80) hours worked.
Em ployee work periods m ay be scheduled in shifts of four(4) 9-hour days, and one
(1)four-hour day each workweek (9/80 schedule), five (5) 8-hour days each workweek
(10/80), four(4) 10-hour days each workweek (8/80), or three (3) 12-hour days and
one (1)4-hour day each workweek (7/80). The starting and ending tim es of individual
em ployees' workweeks m ay vary.
3.11 V ariable Special Pay is additional com pensation in the form of a one-tim a lum p sum
paym ent for an eligible em ployee who assum es the responsibilities of another position
for an extended period of tim a due to a leave of absence or unusual circum stances.
4.0 PO UCY/PRO CEDURE
4.1 The follow nq pay types apply to exem pt and non-exem pt regular, full-time
em ployees:
4.1.1 ACTING PAY
4.1.1.1 Unless otherwise stipulated by an em ployee's affiliated bargaining
unit M O Q em ployees who are tem porarily assigned by O CSD
m anagem ent to perform substantially all of the duties of an open,
budgeted higher level classification for a period of at least one
hundred (100) consecutive hours will be eligible for a salary increase
up to a m axim un of six (6) m cnths.
4.1.1.1.1 For service beyond one hundred (100) consecutive hours,
pay shall be one (1)step greater than the em ployee's
current rate of pay, or at the m him um of the pay range for
the acting position, whichever is greater.
4.1.1.1.2 The higher rate of pay begins with the 101s'hour, and
continues until the assignm Ent ends.
4.1.1.1.3 Requests for Acting Pay require the pre-approval of the
em ployee's Department Director or designee and the
Director of Hum an Resources, or designee.
4.1.2 DEVELO AM6VT PAY
4.1.2.1 Developm ent Pay is intended to prom cte em ployee efforts that
increase job knowledge, skills, and abilities, consistent with O CSD
personnel policies and procedures regarding tuition and certification
reim bursem ent and in accordance with Policy 4.11 Developm ent Pay
and Development Pay Program G udelines provided on the Human
Resources website.
4.1.2.2 Development Pay is a non-base building pay type that is distributed in
a lum p-sum am cunt each pay period.
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4.1.2.3 Educational Degrees
4.1.2.3.1 E xem pt em ployees who obtain or have obtained a graduate
degree of approved subjects at an accredited college or
university will receive $75.00 per pay period, unless
stipulated otherwise in the em ployee's affiliated bargaining
unit M em orandum of Understanding or Board resolution.
4.1.2.3.2 N on-exem pt em ployees who obtain or have obtained an
undergraduate (bachelor's) degree of approved subjects at
an accredited college or university will receive $41.53 per
pay period, unless stipulated otherwise in the em ployee's
affiliated bargaining unit Memorandum of Understanding or
Board resolution.
4.1.2.3.3 N on-exem pt em ployees who obtain or have obtained an
associate's degree of approved subjects at an accredited
college or university will receive $20.76 per pay period,
unless stipulated otherwise in the em ployee's affiliated
bargaining unit Memorandum of Understanding or Board
resolution.
4.1.2.3.4 T he m axim um am cunt of education Developm ent Pay for
non-exem pt em ployees with both an associate's and
bachelor's degree is fixed at$41.53 per pay period, unless
stipulated otherwise in the em ployee's affiliated bargaining
unit M em orandum of Understanding or Board resolution.
4.1.2.4 Certification/ License
4.1.2.4.1 E m ployees who obtain or who have obtained a District
approved certification or license will receive $15.24 per pay
period per certification or license with a m axim urn of three
(3) certificates and /or licenses, unless stipulated otherwise
in the em ployee's affiliated bargaining unit M em crandum of
Understanding or Board resolution.
4.1.2.5 The overall m adm urn Developm ent Pay for education, certificates
and/or licenses for exem pt em ployees is fixed at$120.72 per pay
period, unless stipulated otherwise in the em ployee's affiliated
bargaining unit Memorandum of Understanding or Board resolution.
4.1.2.6 The overall m acim urn Developm ent Pay for education, certificates
and/or licenses for non-exem pt em ployees is fixed at$64.39 per pay
period, unless stipulated otherwise in the em ployee's affiliated
bargaining unit Memorandum of Understanding or Board resolution.
4.1.3 SEVERANCE PAY
4.1.3.1 When a full-time regular em ployee is separated from em ploym ent by
action of O CSD, except for disciplinary cause, the em ployee will be
notified in writing two (2)weeks prior to the effective separation date.
Unless otherwise stipulated in the em ployee's affiliated bargaining
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Policy 2.2, Non-Base Building Pay
unit M O U the em ployee will be entitled to severance pay in
accordance with the form da set forth below:
4.1.3.1.1 Full-tim e, regular em ployees shall be entitled to eight(8)
hours pay for each full calendar m onth of continuous
em ploym ent, not to exceed one hundred sixty(160) hours
pay, or as m ay be determ ned by the G eneral M anager.
4.1.3.2 Em ployees in part-tim eclassifications, Student Interns, probationary
em ployees, and em ployees who are separated for cause are not
eligible for severance pay under any circumstances.
4.1.4 SHIFT DIFFERENTIAL PAY
4.1.4.1 Em ployees who are assigned to work a night shift that consists of
50% or more of their hours between 6:00 p.m.and 6:00 a.m., and
who actually work that shift, shall receive a shift differential of$3.00
per hour, unless otherwise stipulated by an em ployee's affiliated
bargaining unit M O U
4.1.5 UNSCHEDULED O LERTIMEMEALS
4.1.5.1 When em ployees are required to work overtim edue to an em ergency,
and actually work at least five (5) hours, or due to an unanticipated
extension of their regular workday that includes a regular m eal period,
em ployees are entitled to reim bursem ent for the actual cost of a m eal,
not to exceed applicable per diem am ounts, in addition to any
com pensation for tim eworked. Receipts are not required to receive
the per diem am cunt. In lieu of cash reim bursem ent, O CSD m ay
provide actual food service to the em ployees.
4.1.5.2 Per diem reim bursem ent and reim bursem ent for an individual's meal
not eaten at the tim a and location of the overtim eworked will be
taxable.
4.2 The follow ng pay types only apply to regular, full-time non-exem Pt em ployees:
4.2.1 CALL-BACK PAY
4.2.1.1 Unless otherwise stipulated by an employee's affiliated bargaining
unit M O U Call Back Pay shall be applied in accordance with the
following provisions.
4.2.1.2 A n em ployee shall receive a m him urn of three (3) hours of call-back
pay in the following instances:
4.2.1.2.1 When an em ployee is called back to work by O CSD
without prior notice, and the em ployee has com pleted his
or her norm al work shift for that day and left the work site.
4.2.1.2.2 When prior notice is given by O CSD, but the work begins
on the sam eday at least three (3) hours after com pletion
of an em ployee's regular shift.
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Policy 2.2, Non-Base Building Pay
4.2.1.2.3 When an employee assigned to standby is actually called
to work.
4.2.1.3 T he three (3) hour m him um,whether or not actually worked, shall be
paid at the rate of one and one half(1.5)tim es the em ployee's
regular hourly rate.
4.2.1.4 1 f the actual work tim a exceeds three (3) hours, the em ployee will be
com pensated for that tim a as well, except that no em ployee m ay be
com pensated for m are than sixteen (16) hours in a 24-hour period.
4.2.1.5 T he call back period shall begin when the standby em lJoyee has been
informed by the District to return to work. The call back period shall
end when either the em lJoyee arrives at his or her residence or the
original destination; in either case, the em ployee m ust inform the
District upon arrival.
4.2.1.6 1 f the call back period has ended and the em ployee is called back to
work (whether within or outside of the 3-hour m him urn tim eframe), a
new call back period will be started and the em ployee will be eligible
for at least the 3-hour m him urn call back pay.
4.2.1.7 1 f the call back period has not ended and the em ployee is called back
to work (whether within or outside of the 3-hour m him Lyn tim efram e),
the call back period and associated pay will continue but the em ployee
will not be eligible for another 3-hour m him urn call back pay.
4.2.1.8 C all back pay is applied per call back and not per work assignment or
work order.
4.2.1.9 C all back work performed by em ployees on standby assignments is
intended for activities that are im perative and not routine in nature, as
determ ned by the applicable on-duty O perations Supervisor or
designee.
4.2.1.9.1 In some instances, if call back work can be postponed for
several hours, the Operations Supervisor or designee will
do so as a courtesy to the em ployee and to allow for the
work to be performed during daylight or day shift. For
instance, a breakdown occurs at 3:OOam but work can be
postponed a few hours so the standby em ployee can be
called in at 6:00am.
4.2.2 OIERTIM EPA Y
4.2.2.1 Em ployees who work in excess of forty(40) hours in a workweek shall
be paid one-and-a-half(1.5)tim es their regular rate of pay.
4.2.2.2 Em ployees shall not be paid overtim ecom pensation until forty(40)
hours of work tim e, which includes scheduled leave, is reached in a
seven (7)day workweek.
4.2.2.3 For purposes of overtim e, all tim echarged to unscheduled sick or
personal leave will not be counted as tim eworked.
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Policy 2.2, Non-Base Building Pay
4.2.3 STANDBY PAY
4.2.3.1 Standby Pay applies to em ployees who are placed on a standby
assignment as stipulated by an em ployee's affiliated bargaining unit
MOU
4.2.3.2 An em ployee who is placed on a standby assignment shall be
com pensated at the rate stipulated in the em ployee's affiliated
bargaining unit Memorandum of Understanding, and will also receive
call-back pay when actually called to work.
4.2.3.3 Standby assignm ents shall first be m ade on a voluntary basis.
4.2.3.4 Standby lists shall be established as stipulated in the em ployee's
affiliated bargaining unit Memorandum of Understanding.
4.3 The follow nq pay type applies to all em ployees:
4.3.1 HO LIDAY PAY
4.3.1.1 Em ployees shall receive holiday pay for O CSD-observed holidays.
4.3.1.2 Em ployees shall receive holiday pay if their entire scheduled work
shift immediately preceding and following the holiday is in a paid
payroll status, m eaning the em ployee worked those shifts or utilized
paid time off in lieu of working those shifts.
4.3.1.3 Holiday pay for part-tim a em ployees is based on a nine (9) hour
workday. It is paid on the following prorated basis:
NO RN ALLY SCHEDULED PERCENT
Ho U2S O FWO RK PER BENEFIT/SUBSIDY
WEEK
0—19, inclusive N one
20—29, inclusive 5 0% - 4.5 hours
30—39, inclusive 7 5% - (6.75) hours
4.3.1.4 Regularly Scheduled Work Day is a Holiday: When a holiday
occurs on an em ployee's regularly scheduled work day, the
em ployee will have the day off and be paid at the em ployee's regular
rate of pay for the holiday.
4.3.1.5 Regularly Scheduled Day O f is a Holiday: When a holiday occurs
on an em ployee's regularly scheduled day off, the em ployee will
have the day off and accrue com pensatory tim efor the am cunt of
hours norm ally scheduled for that day.
4.3.1.6 Working on a Holiday: When an affected em ployee's work
schedule requires, with management approval, that work be
performed on an observed holiday, the em ployee shall be paid:
4.3.1.6.1 At the em ployee's regular rate of pay for the holiday or
receive an equivalent am cunt of holiday com pensatory
tim e; and
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Policy 2.2, Non-Base Building Pay
4.3.1.6.2 Receive overtim e pay at the rate of one-and-one-half(1.5)
tim es their regular hourly rate for all hours actually worked.
4.3.1.7 Em ployees with a com pensatory tim eoff balance in excess of fifty
(50) hours as of the last pay period ending in O dober will receive a
mandatory payout for the hours that exceed fifty(50).
4.3.1.8 The days listed below are observed by O CSD as holidays for noted
calendar years, as exam Ales. Em ployees who are assigned to eight
(8), nine (9)or ten (10) hour shifts, observe the holidays listed in
Schedule A. Em ployees who are assigned to twelve (12) hour shifts
observe the holidays listed in Schedule B.
SCHEDULE A for 8,9&10 Hour Shifts
HO UDAY 2017 2018 2019
New Year's Day J anuary 2 J anuary 1 J anuary 1
Lincoln's Birthday F ebruary 13 F ebruary 12 ebruary 12
President's Day F ebrua 20 IF ebruary 19 F ebruary 18
bA an trial Day M ay 29 M ay 28 M y 27
Independence Day J uly 4 J uly 4 J uly 4
Labor Day S e tern ber 4 S e tern ber 3 S e tern ber 2
Veteran's Day N ovem ber 10 IA ovem ber 12 lq ovem ber 11
Thanksgiving Day N ovem ber 23 14 ovem ber 22 N ovem ber 28
Day after Thanksgiving N ovem ber 24 14 ovem ber 23 lq ovem ber 29
Day before Christmas D ecem ber 25 ecem ber 24 ecem ber 24
Christm as D ecem ber 26 ecem ber 25 ecem ber 25
Floating Holiday S ee M O U S ee M O U S ee M O U
SCHEDULE B for 12 Hour Shifts
HO UDAY 2017 2018 2019
New Year's Day J anuary 1 J anuary 1 J anuary 1
Lincoln's Birthday F ebruary 12 F ebruary 12 ebruary 12
President's Day F ebrua 20 IF ebruary 19 F ebruary 18
bA er trial Day M ay 29 M ay 28 M y 27
Independence Day J uly 4 J uly 4 J uly 4
Labor Day S eptem ber 4 S eptem ber 3 S eptem ber 2
Veteran's Day N ovem ber 11 14 ovem ber 11 N ovem ber 11
Thanksgiving Day N ovem ber 23 Iq ovem ber 22 lq ovem ber 28
Day after Thanksgiving N ovem ber 24 14 ovem ber 23 N ovem ber 29
Day before Christmas D ecem ber 24 ecem ber 24 ecem ber 24
Christm as D ecem ber 25 ecem ber 25 ecem ber 25
Floating Holiday S I ee M O U S1 ee M O U S1 ee M O U
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Policy 2.2, Non-Base Building Pay
4.3.1.9 Floating Holiday:
4.3.1.10 Em ployees m ay elect one (1) day during each calendar year as a
Floating Holiday.
4.3.1.11 There will be no m ore than one (1) Floating Holiday granted to an
em ployee in any calendar year.
4.3.1.12 New em ployees will be granted a Floating Holiday on the following
pro-rata basis in their first calendar year of service:
Percent of
Hire M cnth Floating Holiday
G ranted
January - M arch 1 00%
April - June 7 5%
July - September 51 0%
O dober - December 0 %
4.3.1.13 The Floating Holiday shall only be used as a full day increment
unless the holiday is pro-rated. As such, the percent of holiday
granted shall be used in one (1)occurrence.
4.3.1.14 The Floating Holiday m ust be used within the calendar year it is
granted. The Floating Holiday will not be carried over from one (1)
calendar year to the next. If not used within the year granted, the
Floating Holiday is lost.
4.3.1.15 Wthin the year granted, an unused Floating Holiday is not subject
to cash out or eligible for any m andatory payout regardless of the
reason.
4.3.1.16 Every effort shall be m ade to grant an em ployee's request for a
Floating Holiday off, subject to business requirements, providing an
em ployee gives sufficient advance notice to his/her supervisor.
4.3.1.17 A Floating Holiday should be used by the last full pay period in
Decem bar of the year in which it is granted. However, an em ployee
m ay choose to use the Floating Holiday after the last full pay period
up until Decem ber 31.
4.4 The follow ng pay types apply to specified employees only:
4.4.1 EXTRAORDINARY SERVICES CO M IENSATIO N
4.4.1.1 In accordance with applicable M O Uprovisions, employees maybe
eligible to receive additional com pensation for perform ng
extraordinary services under specific circumstances.
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Policy 2.2, Non-Base Building Pay
4.4.1.2 Except for perform ng extraordinary services as defined in this policy,
exem pt em ployees are not entitled to receive any com pensation or
corn pensatory tim e off for service rendered beyond their norm al work
schedule.
4.4.2 SUBSTITUTIO NPAY
4.4.2.1 In accordance with applicable M O Uprovisions, em ployees in the
O perations and M aintenance Department who are assigned by OCSD
m anagem ent to perform the duties of an absent supervisor shall be
eligible for Substitution Pay.
4.4.3 VARIABLE SPECIAL PAY
4.4.3.1 O dy Executive M anagem ent Team,M auger G pup, and exem pt
Confidential G ioup em ployees are eligible for Variable Special Pay.
4.4.3.2 An eligible em ployee m ust assum ethe responsibilities of another
position for at least thirty(30) days in order to receive Variable
Special Pay, and such pay is lim led to no m ore than three (3)
m cnths.
4.4.3.3 Requests for Variable Special Pay require a review by the Hum an
Resources Department and approval of the G aieral Manager.
4.4.3.4 Em ployees retain the norm al duties of their regularly assigned
position when assum ng the responsibilities of another position.
4.4.3.5 A one (1)tim a lum p sum paym ent shall be applied at the end of the
leave of absence coverage.
4.4.3.6 Calculation of Variable Special Pay is as follows:
4.4.3.6.1 Determ he num ber of workweeks of the leave of absence.
Four(4)workweeks equals one m cnth. Two (2)
workweeks equals half of a m cnth.
4.4.3.6.2 For em ployee covering the leave of absence, m Litiply 1%
of the annual base salary which will equal the "baseline
am cunt".
4.4.3.6.3 Multiply the "baseline am cunt' by the num ber of m cnths
covered, which will equal the one (1)time lum p sum of the
Variable Special Pay am cunt.
4.4.3.6.4 Exam ple: If the annual base salary of the em ployee
covering the leave of absence is $90,000. The "baseline
am cunt' equals $900 (1% X$90,000).
Length of Variable Special
Coverage Pay Amount
1 m cnth $900.00
1.5 m cnths $1350.00 ($900 x 1.5)
2 m cnths $1800 ($900 X 2)
2.5 m cnths $2250 $900 X 2.5
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Policy 2.2, Non-Base Building Pay
Length of Variable Special
Coverage Pay Amount
3 months $ 2700 $900 X 3
5.0 EXCEPTIO NS
5.1 S tudent interns are ineligible for non-base building pay types, except overtim e, if
applicable.
5.2 A ctinq Pay: Eligibility periods m ay be waived at the discretion of the G eneral
M anager.
5.3 D evelopm ent Pay: Part-tim a em ployees are eligible for Developm ent Pay.
5.4 H olidav Pay: During the waiting period for disability benefits, em ployees will receive
holiday pay in accordance with O CSD policy. When an em ployee is receiving
disability paym ents from the insurance carrier, the em ployee will be ineligible for
holiday pay through O CSD since disability payments are based on a percentage of
salary irrespective of when a holiday occurs.
5.5 1 f a regularly scheduled holiday occurs on a Saturday, the previous Friday shall be
taken off as the "holiday"for pay purposes. If a regularly scheduled holiday occurs on
a Sunday, then the following M cnday shall be taken off as the"holiday"for pay
purposes.
5.6 V ariable Special Pay: Coverage for a leave of absence longer than three (3) m cnths
shall be re-evaluated by the Human Resources Department and if applicable re-
approved by the G eneral M anager based upon business necessity, operational
requirements, or any other extenuating circumstance.
6.0 PRO MSIO NS AND CO NDITIO NS
7.0 RELATED DO CUM ENTS
7.1 D evelopm ent Pay Program G ddelines
7.2 E xtraordinary Services Com pensation Request form
7.3 F air Labor Standards Act
7.4 P olicy 2.1, Classification & Com pensation
7.5 P olicy 4.7, Pro Rata Benefits for Part-Tim a Em ployees
7.6 P olicy 3.1.1, Hours of Work—Non-Exem pt Em ployees
7.7 P olicy 3.1.2, Hours of Work—Exem pt Em ployees
7.8 P olicy 4.3, Tuition Reim bursem ent
Personnel Policies&Procedures M aival Page 10 of 11 Effective: 09/26/18
Policy 2.2, Non-Base Building Pay
7.9 P olicy 4.4, Certification Reim bursem ent
7.10 P olicy 4.11, Development Pay
7.11 0 ERS—Com pensation Earnable for Legacy G aneral M em bers
Personnel Policies&Procedures M aival Page 11 of 11 Effective: 09/26/18
Policy 2.2, Non-Base Building Pay
_ O range County Policy Number: 3.3
A . Sanitation District
Personnel Policies Effective Date: September 26, 2018
Subject: Leave-of-Absence w ith Pay 53, upersedes: September 3, 2013
Approved by: G eieral M anager
1.0 PURPO SE
1.1 T he purpose of this policy is to establish uniform guidelines and procedures for use in the
adm nistration of the O iange County Sanitation District's (O CSD's) leave-of-absence with
pay program.
2.0 O FG PNIZATIO WL UNITS AFFECTED
2.1 A II regular O CSD em ployees.
3.0 DEFINITIO N5
4.0 PO UCY
4.1 V acation Leave. Except as otherwise provided, regular full-tim eem ployees accrue
vacation leave in accordance with the following schedule:
Years of Service Hours-Biw eekly Hours-Annually
In years 0 through 4 3 .08 8 0
In years 5 through 10 4 .62 1 20
In year 11 4 .93 1 28
In year 12 5 .24 1 36
In year 13 5 .54 1 44
In year 14 5 .85 1 52
In year 15 6 .16 1 60
In year 16 6 .46 1 68
In year 17 6 .77 1 76
In year 18 7 .08 1 84
In year 19 7 .39 1 92
In years 20 and over 7 .69 2 00
4.1.1 Vacation leave begins to accrue after a new employee has completed six(6)
m cnths of continuous service.
Personnel Policies&Procedures M anual Page 1 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
4.1.2 A fter the first six (6) m cnths of service, the em pioyee's account will be credited
with forty(40) hours. After that tim e, the em Ooyee will accrue vacation hours
consistent with the above chart.
4.1.3 V acation leave m ay only be utilized in increm Ents of one-half(0.5) hour or more.
4.1.4 V acation leave is accrued for all paid hours, including hours actually worked and
hours in a paid-leave payroll status.
4.1.5 W en unpaid absences occur, vacation leave accruals will be applied by straight
proration of leave accruals based on the num ber of hours actually worked, and is
applicable to all types of leave, whether legally protected or not.
4.1.6 E m Ooyees m ay have a m axim urn accum elation of two hundred (200) hours as of
the last day of the final pay period in Decem ber of each year. In the event an
em Ooyee accrues vacation leave in excess of two hundred (200) hours, it must
be used prior to the Decem ber date, all other rem aning hours in excess of two
hundred (200)will be paid to the em Ooyee in the first pay period in January at
the em Ooyee's then current hourly rate of com pensation.
4.1.7 M nagem ent shall m eke a reasonable effort, considering the operational needs
of O CSD, to accom m(date all em Ooyee requests for vacation leave. Vacation
leave should norm ally be requested at least two (2)weeks in advance to
increase the likelihood of subm Red dates being approved. However, in the
event unforeseen circumstances prevent such advance notification, em tioyees
m ay request vacation leave with as little as one (1) days' notice.
4.1.8 P reference am cng em Ooyees who request tim eoff at least six (6) m cnths in
advance shall be based on seniority. Requests received less than six (6) months
in advance shall be scheduled in the order received. Further guidelines for
vacation leave are outlined in applicable M em crandum sof Understanding
(MOL).
4.2 S ick Leave. Sick leave is an insurance or protection provided by O CSD to be granted to
em Ooyees in circumstances of adversity to promote the health and welfare of the
individual em Ooyee. Sick leave is defined as the absence from duty of an em Ooyee
because of a bona fide illness, injury, or pregnancy, or to attend to the illness or injury of
a fam iy m em ber as hereinafter defined.
4.2.1 S ick-Leave Accrual. Full-tim eem Ooyees hired prior to Novem ber 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).
4.2.2 F ull-tim eem Ooyees hired on or after Novem ber 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 day of em pioym ent.
4.2.3 P art-Tim e(or Non-Full-Tim e)em Ooyees em pioyed for at least 30 days will be
eligible to accrue sick leave. Sick leave shall accrue at the rate of one (1) hour
for every thirty (30) hours worked and shall carry over to the following year.
Accrual of sick leave shall be capped at forty-eight (48) hours or six (6)days per
year. Part-Time(or Non-Full-Tim e)em ooyees may use up to twenty-four(24)
hours or three (3) days hours of sick leave per year com m eking on the 90th day
of em ploym ent in accordance with Assem dy Bill 1522.
Personnel Policies&Procedures M anual Page 2 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
4.2.4 VVi en unpaid absences occur, sick leave accruals will be applied by straight
proration of leave accruals based on the num ber of hours actually worked, and is
applicable to all types of leave, whether legally protected or not.
4.2.5 S ick-Leave Credit. A full-tim e� regular em ployee shall be granted pro rata sick-
leave credit during any pay period in which he/she is absent without pay. A part-
tim Q regular em ployee 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
em ployee is required to work part-tim e by direction of his/her physician, sick-
leave credit shall be prorated, except that sick leave shall continue to accrue if an
em ployee is absent due to an injury arising out of or in the course of his/her
em ploym Ent and is entitled to Workers' Com pensation benefits.
4.2.6 A nnual Payoff. Em ployees m ay elect annually to be paid for any unused sick
leave hours accrued through the end of the last pay period ending in O dober at
their current hourly rate according to the following payoff schedule or as specified
by an em ployee's affiliated bargaining unit M en crandum of Understanding
(MOt).
Accrued Sick Leave Hours Rate of Payoff
0— 100 hours 0 %
101 to 240 hours 2 5%
241 to 560 hours 3 5%
O eer 560 hours 5 0%
4.2.7 E m ployees who separate for any reason other than retirement or death shall be
compensated for any accrued and unused sick leave according to the above
schedule.
4.2.8 E m ployees who retire or decease shall be paid a percentage of all accrued and
unused sick leave based on years of service as follows:
Years of Service Rate of Payoff
Less than 20 years of service 7 5%
20 or m cre years of service 1 00%
4.2.9 S ick Leave Incentive Plan. The Sick Leave Incentive Plan applies to Executive
M aiagem ent Team (EM T) m en bers, M a-iagers, Supervisors and professional-
level em ployees. The Plan is adm histered on an individual G ioup basis.
4.2.10 F the average sick leave usage of em ployees in a G pup is under forty (40) hours
per year, calculated on annualized actual time off during the period November 1
to O dober 31 exclusive of catastrophic illness or injury requiring absence in
excess of two hundred (200) hours or industrial injury leave in excess of eighty
(80) hours, the annual payoff for unused sick leave will be m ade according to the
following table or as otherwise stipulated in a prevailing M O U
Personnel Policies&Procedures M anual Page 3 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
Accrued Sick Leave Hours Rate of Payoff
0-100 1 5%
101-240 4 5%
241-560 6 0%
O\.er 560 (m andatory) 7 5%
4.2.11 Perm issible Uses. Sick leave m ay be applied only when:
4.2.11.1 T he em ldoyee is physically or mentally unable to perform his or her
norm el functions due to illness, injury, or a m edical condition.
4.2.11.2 T he absence is for the purpose of obtaining professional diagnosis or
treatment for a medical condition of the em poyee or the absence is
due to m edical and dental office appointm ents of an em{doyee when
approved by the em lloyee's supervisor.
4.2.11.3 T he absence is for other m edical reasons of the em Ooyee, such as
pregnancy or obtaining a physical exam hation.
4.2.11.4 T he absence is for the care of the em ldoyee's parent, step-parent,
adoptive parent, father-in-law, m cther-in-law, brother, step-brother,
sister, step-sister, spouse, registered domestic partner, biological
child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, grandchild, grandparent, foster parent, legal
guardian, or any fam ly m em ber with whom the em Idoyee resides.
4.2.11.5 T he absence is due to a job-related injury.
4.2.11.6 T he absence is due to issues relating to domestic violence, sexual
assault, or stalking, such as seeking services from crisis counselors
or shelters, or from obtaining legal relief such as restraining orders or
injunctions
4.2.12 Protected Sick Leave. As prescribed under California Labor Code section 233,
em ldoyees m ay use up to one-half(1/2) of their annual sick leave accruals in any
calendar year when:
4.2.12.1 T he absence is for the purpose of obtaining professional diagnosis,
care, or treatm ant for an existing health condition of, or preventative
care for, the em Idoyee.
4.2.12.2 T he absence is for the purpose of obtaining diagnosis, care, or
treatment for an existing health condition of, or preventive care for,
the em lloyee's parent, step-parent, adoptive parent, foster parent,
legal guardian, father-in-law, m cther-in-law, brother, step-brother,
sister, step-sister, spouse, registered domestic partner, biological
child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, grandchild, and grandparent.
4.2.12.3 T he absence is due to issues relating to domestic violence, sexual
assault, or stalking, such as seeking services from crisis counselors
or shelters, or from obtaining legal relief such as restraining orders or
injunctions.
Personnel Policies&Procedures M anual Page 4 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
4.2.13 G sneral Provisions. To qualify for sick-leave pay, the em ployee shall provide
reasonable advance notification of their need to use accrued paid sick leave to
their supervisor if the need for paid sick leave use is foreseeable (e.g., doctor's
appointm ent scheduled in advance). As prescribed under the California Paid
Sick Leave Law—for the first three (3)days of sick leave use, if the need for paid
sick leave use is unforeseeable, the em ployee shall provide notice of the need
for the leave to their supervisor as soon as is practicable. After the first three (3)
days of sick leave use, the em Ooyee m ust notify O CSD at or in advance of the
tim ethe em ployee is scheduled to report for duty. M him urn charge to the
em ployee's sick-leave account shall be one-half(0.5) hour and thereafter in one-
half(0.5) hour increm ants.
4.2.14 Ham an Resources, along with the division m anagem ant, shall be responsible for
control of abuse of the sick-leave privilege. Except for the first twenty-four hours
or three (3) days of sick leave use as prescribed under the California Paid Sick
Leave Law, if notified in advance by a m anager or supervisor, the em ployee m air
be required, at any tim e� to furnish 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 m cre, a request for leave and a m edical statement,
on prescribed form S stating expected date of return m ust be subm Red to Hum an
Resources. Upon return to work, a written doctor's release m ust be subm tted to
Hum an Resources. For absences of one (1) or m cre working days in an unpaid
status, a request for leave and a m edical statem ent, on prescribed form s, stating
expected date of return m ust be subm tted to Hum an Resources.
4.2.15 Sick Leave Banks. Sick Leave Banks are adm histered on an individual Group
basis. Em poyees represented by the International Union of O perating Engineers
Local 501 for the O perations and M antenance Unit (Local 501)who elect to bank
sick leave accrued prior to the im plem entation of Personal Leave provisions m ay
elect to use such tim eoff for absence due to a bon a fide illness, injury, or
pregnancy, or to attend to the illness or injury of an im m eiiate fam iy m en ber.
Em ployees represented by Local 501 who retire or die shall be paid at the 50%
(fifty percent) rate for all Banked Sick Leave hours; an em ployee who separates
shall be compensated for Banked Sick Leave as follows.
Banked Sick Leave Hours Rate of Payoff
0- 100 0 percent
101 -240 2 5 percent
241 - 560 3 5 percent
O per 560 5 0 percent
4.2.16 If the need for leave is due to the em ployee's serious health condition, as defined
in the Fam iy and M edical Leave Act("FM LA")or the California Fam iy Rights Act
("CFRA"), the certification requirement shall com ply with provisions of these Acts.
4.3 P ersonal Leave. Personal leave is provided to allow em ployees time off with pay for
vacation, personal business and non-job-related illness or injury. Personal leave is
accrued by full-tim eem ployees for all paid hours, including hours actually worked and
hours in a paid-leave payroll status, on a biweekly basis as follows unless otherwise
stipulated by an em Ooyee's affiliated bargaining unit M O U
Personnel Policies&Procedures M anual Page 5 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
Personal Leave
Hours Biw eekly Annual
Years of Service
0 through 1 3 .08 8 0*
2 through 4 5 .38 1 40
5 through 10 6 .92 1 80
11 7 .23 1 88
12 7 .54 1 96
13 7 .85 2 04
14 8 .15 2 12
15 8 .46 2 20
16 8 .69 2 26
17 8 .92 2 32
18 9 .15 2 38
19 9 .38 2 44
20 and over 9 .62 2 50
4.3.1 VWi en unpaid absences occur, personal leave accruals will be applied by straight
proration of leave accruals based on the num ber of hours actually worked, and is
applicable to all types of leave, whether legally protected or not.
4.3.2 S cheduled Time O f. M aiagem ent shall m eke a reasonable effort, considering
the operational needs of O CSD, to accom m mute all em Idoyee requests for
personal leave. Personal leave off should norm ally be requested at least two (2)
weeks in advance to increase the likelihood of subm Red dates being approved.
4.3.3 S upervisor absences will not affect an em Ooyee's ability to schedule tim eoff
unless the tim eoff request is subm tted within two (2)weeks of the date
requested.
4.3.4 U nscheduled Time O C Personal leave that is classified as unscheduled time off
provides incom a protection to an em Idoyee who is unable to work due to the
following:
4.3.4.1 T he em ldoyee is physically or mentally unable to perform his or her
norm d functions due to illness, injury, or a m edical condition.
4.3.4.2 T he absence is for the purpose of obtaining professional diagnosis or
treatment for a medical condition of the em Idoyee or the absence is
due to m edical and dental office appointm ents of an em{doyee when
approved by the em{doyee's supervisor.
4.3.4.3 T he absence is for other m edical reasons of the em{doyee, such as
pregnancy or obtaining a physical exam nation.
4.3.4.4 T he absence is for the care of the em lJoyee's parent, step-parent,
adoptive parent, father-in-law, mother-in-law, brother, step-brother,
sister, step-sister, spouse, registered domestic partner, biological
child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, grandchild, grandparent, foster parent, legal
guardian, or any fam iy m ern ber with whom the em Idoyee resides.
Personnel Policies&Procedures M anual Page 6 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
4.3.4.5 T he absence is due to a job-related injury.
4.3.4.6 T he absence is due to issues relating to domestic violence, sexual
assault, or stalking, such as seeking services from crisis counselors
or shelters, or from obtaining legal relief such as restraining orders or
injunctions.
4.3.5 U nscheduled tim eoff m ust be accounted for by m anagem ant upon the
em Poyee's return to work. Except for the first twenty-four hours or three (3)days
as prescribed under the California Paid Sick Leave Law in which the em Ooyee
uses Personal Leave for reasons described in 5.3.5. Em ployees m ay be required
to subm t m edical docum entation for their injury or illness. It is the responsibility
of O CSD m anagem ant to control the potential abuse of unscheduled tim eoff
privileges.
4.3.6 P rotected Use of Personal Leave. As prescribed under California Labor Code
section 233, em Ooyees m ay use up to one-half(1/2) of their annual personal
leave accruals in any calendar year when:
4.3.6.1 T he absence is for the purpose of obtaining professional diagnosis,
care, or treatm ant for an existing health condition of, or preventative
care for, the em Ooyee.
4.3.6.2 T he absence is for the purpose of obtaining diagnosis, care, or
treatment for an existing health condition of, or preventive care for,
the em ployee's parent, step-parent, adoptive parent, foster parent,
legal guardian, father-in-law, mother-in-law, brother, step-brother,
sister, step-sister, spouse, registered domestic partner, biological
child, adopted child, step-child, foster child, legal ward, child of a
domestic partner, grandchild, and grandparent.
4.3.6.3 T he absence is due to issues relating to domestic violence, sexual
assault, or stalking, such as seeking services from crisis counselors
or shelters, or from obtaining legal relief such as restraining orders or
injunctions.
4.3.7 OC SD also has the right to discipline em Poyees on the basis of total absences
away from work. Except for the first twenty-four hours or three (3)days as
prescribed under the California Paid Sick Leave Law in which the em Ooyee uses
Personal Leave for reasons described in section 5.3.4, Em Ooyees m ust notify
their supervisor prior to the start tim eof their shift when they are unable to report
for work. Any absence that is requested within twenty-three (23) hours of the
start of an em Poyee's work schedule, excluding protected leaves of absence and
bereavem ant leave, shall be considered unscheduled tim eoff unless otherwise
stipulated by an em Ooyee's affiliated bargaining unit M O U Em Ooyees returning
from an extended leave should notify their supervisor as soon as possible to
facilitate personnel scheduling.
4.3.8 H um an Resources, along with the division m anagem ant, shall be responsible for
control of abuse of the unscheduled leave privilege. Except for the first twenty-
four hours or three (3)days as prescribed under the California Paid Sick Leave
Law in which the em ployee uses Personal Leave for reasons described in
section 5.3.4, the em Poyee m ay be required, at any tim e to furnish a certificate
issued by a licensed physician or nurse, or other satisfactory evidence of illness;
Personnel Policies&Procedures M anual Page 7 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
however, for unscheduled absences of ten (10) consecutive working days or
m cre, a request for leave and a m edical statem Ent, on prescribed form s, stating
expected date of return m ust be subm tted to Hum an Resources. Upon return to
work, a written doctor's release m ust be subm tted to Hum an Resources. For
absences of one (1) or m cre working days in an unpaid status, a request for
leave and a m edical statem ent on prescribed form s, stating expected date of
return m ust be subm tted to Hum an Resources.
4.3.9 P ersonal Leave Payoff. Ern ployees (or their estate)who separate, retire or die
shall be paid in full at their current rate of pay for all Personal Leave hours
accrued.
4.3.10 M aim urn Accrual. Em ployees m ay have a m acim urn accum elation of four
hundred-forty(440) hours of Personal Leave as of the last day of the final pay
period in Decem ber of each year. In the event an em ployee accrues personal
leave in excess of the m a drn un accrual, it m Est be used prior to the December
date. All, other rem aning hours in excess of the m axim urn accrual will be paid to
the em ployee in the first pay period in January at the em ployee's then current
hourly rate of compensation.
4.3.11 f the need for leave is due to the em ployee's own serious health condition, as
defined in the Fam iy and M edical Leave Act ("FM LA") or the California Family
Rights Act ("CFRK), the certification requirem Ent shall com ply with the
provisions of these Acts.
4.4 P rotected Child-Related Activities Leave. As prescribed under California Labor Code,
Section 230.8, an em poyee who is a parent with one (1) or m cre children attending
kindergarten, grades one (1)to twelve (12), or is a child care provider, m ay take paid or
unpaid leave up to forty (40) hours per calendar year for the following child-related
activities:
4.4.1 T o find, enroll, or reenroll his or her child in a school or with a licensed child care
provider, or to participate in activities of the school or licensed child care provider
of his or her child. Tim eoff for this purpose shall not exceed eight (8) hours in
any calendar m cnth of the year.
4.4.2 T o address a child care provider or school em ergency
4.5 J ury Duty Leave. Any full-tim e, including probationary, em ployee who is called for jury
duty shall be entitled to his/her regular pay for those hours of absence due to
perform ance of the jury duty for a period up to twenty-two (22)working days.
4.5.1 P rior to jury duty service, each em ployee m ust complete an online tim eoff
request form. To be entitled to receive regular pay for such jury leave,
em ployees m ust report for work during their regularly scheduled work shift when
they are relieved from jury duty service, unless there is less than one-half('/2)of
their regular shift rem aning. Employees are not compensated for jury duty
occurring on scheduled days off.
4.5.2 A n em ployee serving jury duty m Est obtain an attendance slip from the court to
be subm tted to his/her supervisor with his/her tim esheet in order to be eligible
for regular pay for those hours of absence due to jury duty.
4.5.3 E m ployees are advised in all cases, whether serving jury duty for the state or
federal court system s� to disclose their public em ploym Ent and O CSD's jury duty
Personnel Policies&Procedures M anual Page 8 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
pay policy because em ployees who receive jury duty pay m ay not be entitled to
court com pensation.
4.6 iW tness Leave. Any full-tim e, including probationary, em Ooyee who is required to be
absent from work by a subpoena properly issued by a court, agency or com m$sion
legally em powered to subpoena witnesses, which subpoena com pals his/her presence as
a witness, except in a m etter wherein he/she is nam ed as a defendant or plaintiff or as an
expert witness, shall, upon approval of an online tim eoff request, be entitled to the tim e
necessary to com ply with such subpoena. An em ployee's regular pay will be reduced by
the am cunt of witness leave pay received, exclusive of m ieage.
4.6.1 A n em ployee so subpoenaed m ust subm t a copy of the subpoena to their
supervisor and com plete an online tim eoff request form in order to be eligible for
pay for such absence. To be entitled to receive regular pay for such witness
leave, the em ployee m ust report for work at O CSD for tim a not actually retained
on witness service of one (1) hour or m cre prior to and/or upon com pletion of
each day's service, exclusive of travel tim e:
4.7 iM litany Leave. A request for m iitary leave shall be m ode through the online tim eoff
request form and shall state the date when it is desired to begin the leave-of-absence
and the date of anticipated return. A copy of the orders requiring such m iitary service
shall be subm Red with the request to the em ployee's supervisor.
4.7.1 P rovisions of the M iitary and Veterans Code of the State of California, Sections
395-395.5 shall govern m iitary leave. In general, current law provides that an
em ployee having one year or m cre service with a public entity is entitled to
m iitary leave with pay not exceeding thirty(30) days per year if the em ployee is
engaged in m iitary duty ordered for purposes of active m iitary training or
encam p-n Ent. An em ployee who is required to attend scheduled service drill
periods or perform other inactive duty reserve obligations is entitled to m iitary
leave without pay, not exceeding seventeen (17) calendar days per year,
although the em ployee m ay, at his or her option, elect to use vacation or
personal leave tim eto attend the scheduled reserve drill periods or to perform
other inactive drill period obligations. Em ployees who participate in weekend
m iitary drill duty are not eligible for leave with pay for such activity, but m ay have
their regular work schedule changed to accom m mute the required tim eoff.
4.8 B ereavem ent Leave. Using the online tim eoff request form,any full-tim eem ployee,
whether probationary or regular, shall receive a m adm urn of thirty-six (36) hours off with
pay for the death or funeral of an im m eliate fam iy m Em ber. Im m @Bate fam iy m ember is
defined as the em ployee's father, step-father, father-in-law, m other, step-m cther, mother-
in-law, brother, step-brother, sister, step-sister, husband, wife, domestic partner,
biological child, step-child, adopted child, child of a domestic partner, step parent,
grandchild, grandparent, foster parent, foster child, legal guardian, or any fam iy m en ber
with whom the em ployee resides or who is identified in the em ployee's M O U if
applicable. Em ployees m ust subm t an online tim eoff request form for approval by the
supervisor.
4.9 dN rkers' Compensation Leave. Em poyees who are injured in the course of their
em ploym ent are placed on Workers' Com pensation Leave, and receive wage loss
benefits to which they are entitled under the Workers' Com pensation Act. Em ployees
m ay request to concurrently use available paid leave accruals to supplem art their
Workers' Com pensation payments in an am cunt such that the sum of both is equal to or
less than the em ployee's regular base pay.
Personnel Policies&Procedures M anual Page 9 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
4.10 A dm inistrative Leave.
4.10.1 Executive Management Employees
4.10.1.1 N o m cre than forty (40) hours of adm histrative leave shall be
granted to em ployees in the Executive M anagem eit G pup in any
calendar year on January 1 st.
4.10.1.1.1 As an exception, Executive M anagem Ent G pup
em ployees who elected to rem an on the executive
benefits structure, specified in 1.7 At-Will EM T
Em ploym ent Agreem eats, m ay select whether to include
Adm histrative Leave as part of their annual benefits
package.
4.10.1.2 E m ployees who are hired or prom cted into the Executive
M anagem eit G ioup shall be granted adm histrative leave on a pro-
rata basis in accordance with the following schedule:
M cnth of Hire/Promotion Percentage of Leave G ranted
January- September 100%
O dober- Decem ber 50%
4.10.1.3 A dm histrative leave may only be used in quarter-hour increments or
m cre.
4.10.1.4 A ny unused adm histrative leave, within the calendar year granted,
will not be carried over to the next calendar year.
4.10.1.5 A ny unused adm histrative leave, within the calendar year granted, is
not subject to cash out or eligible for any m andatory payout.
4.10.1.6 E m ployees who cease to be part of the Executive M anagem Ent
G ioup for any reason will not receive paym ent of any unused
adm histrative leave.
4.10.2 Manager G ioup Employees
4.10.2.1 N o m cre than forty (40) hours of administrative leave shall be
granted to em ployees in the Executive M anagem rmt G pup in any
calendar year on January 1 st.
4.10.2.2 E m ployees who are hired or prom cted into the M anager G ioup shall
be granted adm histrative leave on a pro-rata basis in accordance
with the following schedule:
Month of Hire/Promotion Percentage of Leave G ranted
January- September 100%
O dober- Decem ber 50%
Personnel Policies&Procedures M anual Page 10 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
4.10.2.3 A dm nistrative leave may only be used in quarter-hour increments or
m cre.
4.10.2.4 A ny unused adm nistrative leave, within the calendar year granted,
will not be carried over to the next calendar year.
4.10.2.5 A ny unused adm nistrative leave, within the calendar year granted, is
not subject to cash out or eligible for any m andatory payout
4.10.2.6 E m ployees who cease to be part of the M auger G pup for any
reason will not receive paym eat of any unused adm nistrative leave.
4.10.3 Professional, Supervisor and Exempt-level Confidential G ioup Employees
4.10.3.1 E ffective the first pay period in July, regular full-tim eexem pt-level
em Ooyees in the Professional, Supervisor and Confidential G pups
shall be granted forty (40) hours of Adm nistrative Leave.
4.10.3.2 R egular full-tim eexem pt-level employees who are hired or promoted
into the Professional, Supervisor and Confidential G pups shall be
granted Adm nistrative Leave on a pro-rata basis per the following
schedule:
Month of Hire/Promotion Percentage of Leave G ranted
July- Septem ber 100%
O dober- Decem bar 75%
January- M arch 50%
April -June 0%
4.10.3.3 A dm nistrative Leave will be adm nistered in accordance with the
following guidelines:
4.10.3.3.1 Adm nistrative Leave m ay be used in quarter-hour
increm ents.
4.10.3.3.2 Any unused Adm nistrative Leave, within the fiscal year
granted, will not be carried over to the next fiscal year.
4.10.3.3.3 Any unused Adm nistrative Leave, within the fiscal year
granted, is not subject to cash out or eligible for any
m andatory payout.
4.10.3.3.4 Em ployees who cease to be part of the Professional
G pup for any reason will forfeit any unused
Adm nistrative Leave.
4.11 S upplemental Leave
4.11.1 Nbnexem pt Confidential G ioup Employees (unless otherwise stipulated by an
em ployee's affiliated bargaining unit M O Q
Personnel Policies&Procedures M anual Page 11 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
4.11.1.1 1 n 2011, effective the first pay period in the m cnth following the
approval of this Agreement by the O CSD Board of Directors, regular
full-time em Poyees in the bargaining unit shall be granted
Supplem ental Leave in accordance with the following schedule:
Years of Service 5-9 10 - 14 15 - 19 20 -24 25+
Supplemental Leave Hours 5 1 0 1 5 2 0 25
4.11.1.2 S upplem antal Leave shall be granted per the schedule in the first
pay period in July.
4.11.1.3 S upplem ental Leave will be administered in accordance with the
following guidelines:
4.11.1.3.1 Supplem ental Leave m air be used in one-quarter(0.25)
hour increm eats.
4.11.1.3.2 Any unused Supplemental Leave, within the fiscal year
granted, will not be carried over to the next fiscal year.
4.11.1.3.3 Any unused Supplemental Leave, within the fiscal year
granted, is not subject to cash out or eligible for any
m andatory payout.
4.11.1.3.4 Ern Ooyees who cease to be part of the bargaining unit
for any reason will forfeit any unused Supplem eital
Leave.
4.11.1.4 E m Ooyees who are hired or transferred into the bargaining unit shall
be granted Supplem ental Leave on a pro-rata basis per the following
schedule:
Hire/Transfer Date Percent
July—Septem ber 1 00%
O dober—Decem ber 7 5%
January—M arch 5 0%
April —June 2 5%
5.0 PRO CEDURE
6.0 EXCEPTIO NS
6.1 P art-tim eem Ooyees receive leave of absence benefits on a pro-rated basis per Policy
4.7, Pro Rata Benefits for Part-tim e Ern Ooyees.
6.2 E m Ooyees receive either both sick leave and vacation tim eoff accruals or personal leave
tim eoff accruals depending on the em Ooyee's bargaining unit and/or ern Ooyee group
affiliation.
Personnel Policies&Procedures M anual Page 12 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
6.3 V acation leave is not accrued for overtime hours worked.
6.4 T he unscheduled time off designation does not apply to exempt em ployees.
7.0 PRO MSIO N5 AND CO NINTIO N5
7.1 A ccrued balances of vacation leave, compensatory leave, and personal leave may be
cashed out at the em ployee's request on an annual basis in Decem ber of each calendar
year.
7.2 V acation leave is accrued on a bi-weekly basis, and em Ooyees within the initial
probationary period m ay request tim eoff in the first six (6) m cnths of em ploym ant and
m ust use available leave accruals.
7.3 E m ployees m ay not m antain a negative balance of vacation, sick, com pensatory, or
personal leave accruals.
8.0 RELATED DO QJM ENTS
8.1 C alifornia Labor Code, Section 230.8
8.2 C alifornia Labor Code, Section 246 (California Paid Sick Leave Law)
8.3 C alifornia Assem Hy Bill 1522, Sick Leave Law
8.4 P olicy 1.10, Ern ployee Separation
8.5 P olicy 4.7, Pro Rata Benefits for Part-tim a Em ployees
Personnel Policies&Procedures M anual Page 13 of 13 E ffective: 09/26/18
Policy 3.3, Leave of Absence with Pay
Resolution No. OC SAN 22-05
Final Audit Report 2022-01-31
Created: 2022-01-27
By: Kelly Lore(klore@ocsan.gov)
Status: Signed
Transaction ID: CBJCHBCAABAA4R2yNoOXhjigEXZV912ef6Hb-XMHvrBN
"Resolution No. OC SAN 22-05" History
Document created by Kelly Lore (klore@ocsan.gov)
2022-01-27-5:56:15 AM GMT-IP address:47.176.92.30
Document emailed to John B Withers Owithers@calstrat.com) for signature
2022-01-27-5:56:58 AM GMT
Email viewed by John B Withers awithers@calstrat.com)
2022-01-27-5:45:51 PM GMT-IP address:52.53.158.49
Document e-signed by John B Withers Owithers@calstrat.com)
Signature Date:2022-01-28-0:38:33 AM GMT-Time Source:server-IP address: 184.189.202.24
Document emailed to Kelly Lore (klore@ocsan.gov)for signature
2022-01-28-0:38:35 AM GMT
Email viewed by Kelly Lore (klore@ocsan.gov)
2022-01-28-3:17:34 AM GMT-IP address: 174.195.129.40
Document e-signed by Kelly Lore (klore@ocsan.gov)
Signature Date:2022-01-31 -2:35:04 PM GMT-Time Source:server-IP address:47.176.104.46
Agreement completed.
2022-01-31 -2:35:04 PM GMT
4 !r k SA N Adobe Sign
ORANGE COUNTY SANITATION DISTRICT