§ 3.04.100. Temporary employment provisions.

Latest version.

These temporary employment provisions do not apply to any employees in the county's temporary assignment program ("TAP").

Only Subsection (e) of Section 3.04.100 applies to unrepresented per diem employees.

Applicability ^[]. These temporary employment provisions apply to:

Unrepresented job classes that are temporary or limited-term in nature (e.g. professional student intern and resident physician and surgeon); and unrepresented seasonal, temporary, or unrepresented per diem employees.

General provisions (not applicable to unrepresented per diem employees).

Except as otherwise provided by this chapter, a new employee shall be appointed at the first step of the appropriate salary plan and grade.

Upon prior authorization from the human resources director, the initial salary placement for newly hired employees may be on any step of the appropriate salary plan and grade for his/her classification.

Difficult to recruit (DTR).

Classifications or positions designated as DTR on or after January 5, 2016. Notwithstanding the provisions of this chapter, employees shall be compensated at a rate up to eleven (11) percent of their earnings to a maximum of eighty (80) hours actually worked in a pay period for those positions identified in specific classifications in a specific agency/department designated by the human resources director as "difficult to recruit" (DTR).

Eligibility for the DTR differential shall be determined by the human resources director based on a specific position, classification, geographical location, and/or agency/department basis that a recruitment or retention issue exists and the DTR designation would assist the county in recruiting and retaining employees in the specific position, classification, geographical location, and/or agency/department.

Eligibility for the DTR differential shall not be automatic nor shall such a determination have any bearing on the same or similar classifications (or similarly situated classifications). Upon such determination and approval, any differential granted pursuant to these provisions shall be implemented as follows:

Upon prior authorization of the human resources director, the initial salary placement for newly hired employees may be at any step on the salary plan and grade for his/her classification and shall be compensated a DTR differential.

The DTR differential shall only apply to actual hours worked, up to eighty (80) hours in a pay period.

The assignment of the DTR differential shall trigger a review by the human resources department of the position and classification. The review shall consist of review of market benchmarks, turnover rates, exit surveys and other factors that may have created the recruitment/retention issue. In the event the human resources director determines the circumstances that created the recruiting or retention problem(s) for any and/or all position(s) in the specific classification in the specific agency/department no longer exist, he/she shall declare the provisions described above inoperative for such specific position(s)/classification(s). At that time, the DTR differential shall cease. In the event the human resources director determines the recruitment/retention issue is related to a market parity issue, the human resources director may recommend to the board of supervisors an adjustment to the salary range of the classification for parity purposes or propose another solution to resolve the recruitment/retention problem deemed acceptable within the provisions of this chapter. Should a salary adjustment occur due to a market parity issue, the DTR differential shall no longer apply.

A review of all position(s)/classification(s) designated as DTR shall be conducted annually.

Classifications or positions designated DTR prior to January 5, 2016. Notwithstanding the provisions of this resolution there shall be up to an additional four steps (approximately eleven (11) percent) which shall be reserved for those classifications designated as "difficult to recruit".

Advancements to any of these steps shall not be automatic. They shall, instead, be granted based upon a determination by the human resources director that a serious recruiting or retention problem exists for a classification(s), or that the increases granted to subordinate "difficult to recruit" classifications has created serious compaction problems, and such designation may be made by geographical area or restricted within a classification to specific positions in specific departments. Upon such determination and approval, any increase granted pursuant to these provisions shall be implemented as follows:

In the event the salary granted to a newly hired employee pursuant to this subsection exceeds that of any permanent, regular full-time or regular part-time employee who has successfully completed one year or more of service at the top of the salary plan and grade for that classification(s), such employee(s) may, upon recommendation of the agency/department head, be placed on the same salary step as that granted to the new employee.

In the event the human resources director determines the circumstances that created the recruiting or retention problems for any or all classifications in the specific classification in the specific agency/department no longer exist, he/she shall advise the county executive officer of his/her findings. If the county executive officer concurs, he/she shall declare the provisions described above inoperative for such specific classification(s). At that time, the "difficult to recruit" (DTR) salary plan will return to a standard salary plan, as directed by the human resources director. Any employee compensated at a rate above that to which he/she would otherwise have been entitled upon removal of DTR from the top of the salary grade shall be frozen and shall not be increased until the regular salary for the specific classification exceeds the rate established pursuant to the provisions described above. In the event the human resources director deems it necessary to remove the DTR from the bottom of the assigned DTR salary grade, the salary step of the affected employees shall be adjusted downward according to the number of DTR step(s) removed in order to preserve their current rate of pay.

Reserved.

Promotion. On promotion, the salary shall be at a rate on the new salary plan and grade which is approximately two steps higher or immediately greater than two steps higher, than that paid on the salary grade for the former position where the new grade is able to accommodate the increase. The effective date of all promotions shall coincide with the first working day of a pay period.

Transfer. On transfer, the salary shall be the same as that paid previously. The anniversary date shall not change.

Demotion. On demotion, the salary shall be the same percentage or number of steps from the minimum pay rate on the new grade as on the previous grade, where the new grade is able to accommodate the percentage or number of steps. The anniversary date shall not change. The effective date of all demotions shall coincide with the first working day of a pay period.

Reclassification. The salary of an incumbent of a position reclassified to a class on the same salary plan and grade shall not change. The anniversary date shall not change.

The salary of an incumbent of a position reclassified to a class on a higher salary plan and grade shall be at the rate which is approximately two steps higher, or immediately greater than two steps higher, than that paid on the grade of the former position, where the new grade is able to accommodate the increase.

The salary of an incumbent of a position reclassified to a class on a lower salary plan and grade shall be placed at the same rate of pay, or on a step of the new grade which is closest to but not higher than the employee's current rate of pay; where the employee's current rate exceeds the maximum of the new grade, it shall be reduced to the maximum. The anniversary date shall not change.

The effective date of a reclassification shall coincide with the first working day of a pay period.

Authority to specify salary. An agency/department head may specify a higher step within the salary plan and grade for an employee who is newly hired or re-employed than the step that would be called for under other provisions in this chapter.

Working hours and overtime.

FLSA Exempt Employees. Any employee whose position is determined to be exempt from the FLSA shall not be entitled to compensation for overtime of any type unless specifically provided herein.

Definitions. For purposes of determining eligibility for overtime only:

(1)

A "FLSA work week" shall consist of one hundred sixty-eight (168) consecutive hours (i.e. seven days).

(2)

Overtime is defined as time actually worked by an employee in excess of forty (40) hours in an FLSA workweek. Management reserves the right under the FLSA to designate the FLSA workweek for each employee.

Authorization for overtime work. Performance of overtime work may be authorized by the agency/department head or his or her designated subordinate.

Reporting and calculation. Actual hours of overtime work shall be reported on each attendance report. The auditor-controller shall maintain the record of overtime credit at one and one-half times such actual hours. Actual hours of compensatory time off shall be reported on each attendance report. If payment is to be made, the number of hours of overtime credit to be paid for shall be specified.

Compensation for overtime work. Employees who are not considered "exempt" under the provisions of the FLSA shall be paid at a rate of one and one-half times their FLSA regular hourly rate of pay for all time actually worked in excess of forty (40) hours during the designated FLSA workweek. Upon termination, accumulated overtime credit shall be paid for.

Compensatory time off. An employee eligible for paid overtime under the provisions of this section may request, subject to management approval, the accumulation of up to one hundred twenty (120) hours of compensatory time off, in lieu of paid overtime. Such overtime is accumulated at the rate of one and one-half hours of compensatory time off for each hour actually worked in excess of forty (40) hours during the designated FLSA work week.

Accumulated overtime credit may be taken in compensatory time off, at a time or times agreeable to the agency/department head. This method of reducing accumulated overtime credit is encouraged. With approval of the county executive officer, banked overtime credit may be paid for.

If any employee is permitted to accumulate overtime credit in excess of one hundred twenty (120) hours, the agency/department head, within two weeks after such excess has been paid for, shall file a written report with the county executive officer and a copy with the auditor-controller, setting forth the number of hours paid for as to each employee and explaining the reasons for permitting such accumulation.

Payoff for unused compensatory time off upon separation from county service. Upon separation from county service, an employee shall be compensated at his/her hourly rate in effect at that time for each hour, or portion thereof, of accumulated compensatory time off (CTO).

Fringe benefits not affected by overtime. Overtime work shall not be a basis for increasing vacation or sick leave benefits, nor shall it be a basis of advancing completion of required period for probation or salary step advance. Where overtime results from necessary irregular work schedules, it may be included in computing the minimum time for salary step advance which would otherwise be delayed beyond the normal period.

10.

Standby. When placed by the agency/department head specifically on standby duty, an employee otherwise off duty shall be paid one hour's pay for eight hours of such duty, to the nearest tenth of an hour.

Standby compensation shall cease when the employee reports to work.

11.

Minimum overtime on call-back. A non-exempt employee called back to a worksite to meet an emergency on an overtime basis, whether or not in a standby duty status, shall receive minimum credit for one hours' work.

If an employee should complete the work required, and subsequently be recalled during the minimum credit period, no additional compensation shall be paid for until the minimum credit time has been exhausted. Call-back pay does not include time commuting to and from work.

Remote call-back: If an employee may perform call-back work remotely, without the employee having to physically report to a worksite, then the employee will be paid in one-tenth hour increments for all time worked while remotely responding to the call. For example, if the employee remotely completes the performance of work in twenty-five (25) minutes, the employee will be paid thirty (30) minutes for the remote call-back.

12.

Jury duty and court appearances. A temporary employee shall be entitled to retain jury fees, since the individual shall not be paid for time not actually worked.

Any employee who shall be called as a witness arising out of and in the course of county employment, shall not suffer any loss in their base hourly rate of pay, but any witness fees received shall be paid into the county treasury, together with any mileage allowed if the employee uses county transportation.

Any employee absent due to private legal matters shall not be entitled to be paid during such absence.

13.

Sick leave.

Accrual. Every employee shall accrue sick leave on an hourly basis computed at the rate of .05 hours accrued per hour in a paid status to a maximum of four (4) hours per pay period.

A seasonal employee shall be allowed to take sick leave only when the employee is in an active payroll status.

Sick leave shall accrue at all times when the employee is in a paid status.

Accrued sick leave of any person whose employment is permanently terminated shall automatically be canceled. However, any employee whose employment is terminated while he/she is on sick leave shall continue to be compensated for the duration of his/her illness to the extent of his or her accrued sick leave, but after such termination shall derive no other benefits under this chapter which result from being in a paid status. Unless the employee shall have retired, payment for sick leave continuing after termination shall be conditioned upon prior receipt of a physician's certificate or other adequate written proof of illness, and in the event of any doubt as to future duration of the illness may be paid on biweekly increments as used. If an employee receives a layoff notice pursuant to this chapter, payment for sick leave shall continue conditioned upon receipt of a physician's certificate or other adequate written proof of illness given to the county prior to payment, and payment shall not continue beyond the exhaustion of accrued sick leave.

Sick leave may be used for absence reasonably required by complications of pregnancy, continuing through delivery and reasonable period of recovery therefrom, to be determined in accordance with a written report or reports of the employee's personal physician, specifying the expected date of delivery and the date that the employee should cease work. In the event the agency/department head believes there are unusual circumstances, or that the full performance of the employee's work without undue hazard is such as to require a longer period of absence, and on the agency/department head's written request to the human resources director, the determination of the period shall be subject to review and change by a physician employed or provided by the county, including a medical examination of the employee if required by such physician. In no event shall an employee return to work after pregnancy prior to a date to be fixed by her physician in a signed statement that she is physically able to perform the duties of her position.

Proof of illness. When in the judgment of the agency/department head good reason exists for believing an employee may be abusing sick leave the employee shall be placed on notice in writing. The employee shall also be placed on a medical certification program and be allowed paid sick leave by producing a certificate of a physician, dentist, or other legally authorized person to provide health care services on the same level as a physician; or other proof satisfactory to the agency/department head. Such certificate shall include a written statement signed by a physician, dentist, or other legally authorized person to provide health care services on the same level as a physician, stating the day(s) of the illness/injury and that the illness/injury prevents the employee from being able to work.

Employees on a medical certification program shall have their sick leave usage reviewed at least annually. If the review shows substantial improvement, they shall be removed from the category of having to provide the certificate for each absence.

Every employee shall be able to use accrued vacation, compensatory time, or holiday time when sick leave has been exhausted due to illness or injury unless they are on a medical certification program in accordance with the above.

An employee off work or contemplating to be off work due to illness or injury for an extended period of two weeks or more shall provide a comprehensive health statement as to length of absence from the employee's health care provider stating any duties an employee cannot perform and any restrictions or light duty requirements.

Reporting requirements. In the absence of a more stringent agency/department policy, an employee reporting off work for such leave usage shall call the employee's supervisor or designee within one hour before or after the employee's scheduled shift starting time.

Reason for usage. Use of accrued sick leave shall be allowed for the purpose of preventative medical, dental care, and care of the family. For this purpose, family is defined to mean a spouse or registered domestic partner, child, parent (including biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor), brother, or sister of the employee, grandparent, grandchild and the equivalent relationships through a lawfully registered domestic partnership.

Payout for sick leave. Upon retirement, disability retirement, or death of an employee, and subject to the provisions of any applicable agreement between the employing agency and the California Public Employee's' Retirement Law, unused accumulated sick leave shall be paid for at the rate of ten (10) percent of the current salary value thereof for each such person who has had five full years of service in a payroll status, plus two percent for each additional year to a maximum of fifty (50) percent, and, in no event, shall the total payment exceed a sum equal to nine hundred sixty (960) hours of full pay. Terminal sick leave pay for employees with five or more years of service shall be paid into a Health Savings Account on behalf of the employee.

Sick leave compensation resulting from death shall be made to the persons entitled to it otherwise, in accordance with the Probate Code. Eligibility for a payout under this section is made at the time of separation from county employment and not at a later date.

14.

Bereavement leave. Employees who are entitled to accrue sick leave (under this article) may be allowed up to five days of leave, three of which will be paid, and the additional two days shall be deducted from the employee's sick leave accruals. Eligible employees must be in an active payroll status and be compelled to be absent from duty by reason of the death, or critical illness where death appears imminent, of the employee's father, father-in-law, mother, mother-in-law, brother, sister, spouse, child, grandparent, grandchild, step-relationships of the same categories or equivalent relationships through a lawfully registered domestic partnership. The county has the right to require proper documentation in support of the requested leave.

15.

Fitness for duty. An agency/department head, when in his/her judgment good cause exists, may order an employee off work until such time as the employee is able to present the agency/department head a physician's certificate stating the employee is able to return to work without impairing the health of the public, the employee's health, or the health of the other employees in the agency/department.

When the agency/department head orders an employee off work, the employee shall, at county expense, be referred to a county designated physician or other health care provider to obtain the required certificate.

In the event an employee has no accrued sick leave balance, the employee will then be absent from work without pay at the discretion of the agency/department head in accordance with the provisions of this chapter. Should the physician or health care provider determine that the employee is able to return to work during the shifts from which he/she was ordered off work, the employee shall not be charged with such absence and any leave banks used to cover the absence shall be restored.

16.

On the job injury or illness. An employee who suffers an injury or illness which entitles him or her to benefits under the Workers' Compensation Law, and for which he/she actually receives or obtains medical treatment, shall be entitled to full compensation for the first calendar day during which he/she is necessarily absent from duty as the result of such injury or illness, without deduction on account of accrued sick leave or other accrued salary credits. If such absence continues thereafter, he/she shall be paid as salary the difference between the temporary disability payments due him or her under the Workers' Compensation Law and his or her regular compensation, to the extent of the value of his or her accrued sick leave, including, for this purpose, the values, successively, of his/her accrued compensatory time off for overtime and accrued vacation credit. During a period of temporary disability and in the proportion that the employee is paid for the difference between his/her temporary disability payments and his/her regular compensation, he/she shall continue to accrue sick leave and vacation benefits at the regular rate.

The right is reserved to make later adjustments as between salary and disability benefits to conform to the Workers' Compensation Law, or to conform to later development of facts, including the right to recover any overpayments directly or from future earnings.

17.

Air pollution emergency. An employee unable to work on a regularly scheduled work day due to an air pollution emergency shall be granted a leave of absence without pay for the period of the emergency unless he/she chooses to use his or her accumulated overtime credit, sick leave credit, vacation credit or holiday leave credit for the period of time he/she was off work due to the emergency.

18.

Leave of absence.

An agency/department leave of absence or an official leave of absence without pay may be granted for the following reasons:

(1)

Illness or disability when sick leave has been exhausted;

(2)

Pregnancy;

(3)

To take a course of study which will increase the employee's usefulness on return to the county; and/or

(4)

Personal reasons acceptable to the authority whose approval is required.

Agency/department leave of absence. Agency/department leave of absence up to four hundred eighty (480) hours in any one calendar year period may be granted to any employee by the agency/department head. Such leave shall be reported as leave of absence via the agency/department's payroll. The agency/department head may require the leave of absence to be for a specified period of time and appropriate conditions may be imposed, such as providing sufficient medical documentation or other evidence substantiating the leave as required by the agency/department head.

Official leave of absence. A regular employee may request an official leave of absence exceeding four hundred eighty (480) hours, but not exceeding one year. Official leave of absence may be granted upon written request by or on behalf of the employee, specifying the period and the reason, upon the written recommendation of the agency/department head and with the written approval of the human resources director. Application must be made on a form supplied by the human resources department in advance of the effective date of the leave, unless circumstances make such advance request impossible. If the human resources director disapproves the request, it shall be so endorsed and returned to the agency/department head, who may present it to the board of supervisors. The board's action shall be final. Any official leave of absence granted shall be for a specified period and appropriate conditions may be imposed such as the employee providing sufficient medical documentation or other evidence documenting the leave as required by the human resources director or a designee.

Such leave may be extended upon further written request containing justification therefore, such request for extension to be processed in the same manner as the original request. In the case of a request for an extension due to illness or disability, updated information of the same kind submitted for the original request will be required.

Nothing herein shall prevent the earlier return to duty by the employee, except the agency/department head may require two weeks advance notice of the employee's intention to return.

The human resources director shall be promptly notified of the return of any employee from an official leave of absence. The board of supervisors shall have the right to cancel or revoke a leave of absence previously granted.

An employee on leave of absence for illness or disability reasons will be required to present a return to work statement from the attending physician releasing the employee to full duty, prior to being allowed to return to work. Any release to less than full duty will be allowed only as accommodation as required under the Americans with Disabilities Act, the California Fair Employment and Housing Act, a county designed temporary modified duty assignment, and/or the county return to work program.

An employee contemplating family/medical leave for reasons that are foreseeable must provide thirty (30) days advance notice. In cases where the approximate timing of the need for leave is not foreseeable, the employee is required to give notice of the need for family/medical leave as soon as practicable (generally within one or two working days of learning of the need for leave).

19.

Vacation. Persons employed in the classes of resident physician and surgeon shall be entitled to one hundred twenty (120) hours (approximately fifteen (15) days) of vacation per year. The vacation may be taken at times agreeable to the agency/department head. Unused vacation shall be carried over to the following fiscal year. Upon separation from county service, a resident physician and surgeon shall be paid for any unused vacation. All other employees shall not be entitled to paid vacation.

20.

Paid holidays. Only seasonal employees, resident physicians and surgeons, and employees in the physician assistant fellowship classification, in a current paid status shall be eligible for paid holidays. Other provisions notwithstanding, if duty is required any time during the twenty-four-hour holiday period, the resident or fellow will be entitled to compensatory time off for all hours worked on the holiday. Duty is defined as any presence at the hospital for professional reasons. ^[]

A new employee whose first working day is the day after a paid holiday shall not be paid for the holiday.

An employee who is terminating his or her employment for reasons other than paid county retirement, and whose last day as a paid employee is the day before a holiday, shall not be paid for that holiday.

An employee who is on a leave of absence without pay for either the regularly scheduled working day before the holiday, or the regularly scheduled working day after the holiday shall not be paid for that holiday.

Seasonal employees who are regularly scheduled to work on a paid holiday shall be paid at their regular rate for the time actually worked. In addition, such employees shall have a choice of:

(1)

Compensatory time off not to exceed eight hours for such holiday; or

(2)

Being paid for the holiday at the regular rate of pay not to exceed eight hours.

An employee with accumulated holiday credit may, and if requested by the agency/department head shall, within seven days, specify the dates of at least three working days during the next two succeeding pay periods that the employee desires to take as holiday compensatory time off. The agency/department head may authorize compensatory holiday time off for all or any portion of the dates specified, but shall authorize at least one of the three; provided however, that if in the agency/department head's judgment, such day or days will create a demonstrable hardship to the agency/department; in that event, the employee, within seven days after notification by the agency/department head, shall specify three other working days, at least one of which shall be granted. Unless otherwise agreed to by the employee, the agency/department head shall not authorize time off less than eight hours. If an employee, after being requested by the agency/department head, refuses or neglects to specify the time he/she desires to take as compensatory holiday time off, as herein provided, the agency/department head may schedule compensatory holiday time off for the employee.

A part-time employee shall only receive holiday pay for the holiday or portion thereof which coincides with his or her regularly scheduled working hours.

A full time employee whose regularly scheduled day off falls on a paid holiday shall be entitled to equal compensatory time off for such holiday not to exceed eight hours pay.

21.

Shift differential.

Applicability of shift differentials. Only FLSA non-exempt employees shall be eligible for shift differentials. Shift differentials do not apply to standby duty, release time, or to leave time, such as vacation, sick leave, or holiday leave. The hourly rate for each shift differential is payable in tenths of an hour. With agency/department approval, day shift employees on an individual basis may waive shift differentials in order to work earlier or later than their schedule would otherwise be, for their own convenience.

(1)

Evening shift (swing). Employees who perform work between the hours of 6:00 p.m. and 11:00 p.m., shall be paid an evening differential of sixty cents ($0.60) per hour for the time actually worked between 6:00 p.m. and 11:00 p.m.

(2)

Night shift. Employees who perform work between the hours of 11:00 p.m. and 7:00 a.m., shall be paid a night differential of one dollar and twenty cents ($1.20) per hour for the time actually worked between 11:00 p.m. and 7:00 a.m.

Classes not eligible for shift differentials. Employees in positions of resident physician and surgeon and physician assistant fellowship shall not be paid shift differential(s).

22.

Bilingual pay. All full time and part-time employees who are assigned work on a regular and continuing basis that requires a second language at least five times per week or once per day to effectively meet the service demands of the county's customers, and who have qualified for bilingual compensation under this subsection shall receive additional compensation as follows:

Level 1: Basic oral communication: Forty dollars ($40.00) per pay period (fifty cents ($0.50) per hour)
Employees at this level perform bilingual translation.

Level 2: Task completion: Sixty dollars ($60.00) per pay period (seventy-five cents ($0.75) per hour)
Employees at this level perform bilingual translation as well as written translation.

Level 3: Written translation, and medical and legal interpretation: Eighty dollars ($80.00) per pay period (one dollar ($1.00) per hour) Employees at this level perform complex verbal and written translation.

Payment of bilingual pay will be pro-rated based on the hours actually worked to the maximum amount indicated per pay period.

An employee must perform bilingual translation as a requirement of the job. An employee not receiving bilingual compensation shall not be expected to perform bilingual services.

Testing administration: The bilingual pay program is administered by human resources. Oral and written examinations will be administered by the human resources assessment center as follows:

Level 1: Basic oral/reading test
Level 2: Written
Level 3: Complex level written

Designation of positions eligible to receive bilingual pay is the responsibility of the supervisor with the approval of human resources. An agency/department head whose department has a substantial need for regular and frequent oral or written bilingual skill of one or more positions may make an application to the human resources director on a form supplied to him/her to authorize bilingual compensation for such position. All future recruitments for a position designated as such should include the requirement of bilingual skills.

When the skill is no longer needed or the employee is not required to use it or ceases to possess it, the agency/department head shall terminate the bilingual compensation by written notice to the human resources director. The human resources director may also terminate the bilingual compensation if he/she makes a like determination, and shall notify the department head. In either case, the department head shall notify the employee.

The human resources director may designate an employee in the human resources department or other county department to perform bilingual skills for other county departments and districts where there is no one available in the requesting department.

23.

Health benefits. The monthly flexible benefit contribution for resident physicians and surgeons, pharmacist resident, and employees in the physician assistant fellowship classification shall be eight hundred twenty-three dollars ($823.00). The flexible benefit contribution shall be equivalent to the amount provided to unrepresented employees. In addition, the county shall provide optical insurance, to be paid by the county, for employees in these classifications.

24.

Additional compensation for resident physicians. Any resident physician employed with the county who possesses a valid physician and surgeon license, a drug enforcement administration certificate, and has been authorized to work extra hours as a licensed physician with the county shall be compensated at the employee's base hourly rate, plus a stipend of eighty ($80.00) dollars per hour for each hour actually worked.

25.

Retirement program. Retirement benefits and related matters for employees are governed by the contracts between the board of supervisors and the board of administration of the public employees retirement system, by resolutions of the board of supervisors, and by state retirement laws.

26.

Maintenance.

Rates for maintenance, including living quarters, meals, or laundry service, furnished by the county to any employee, shall be fixed by a resolution of the board of supervisors from time to time. Payment therefore shall be made by a deduction from compensation, or by performance of additional services, as may be determined by the board of supervisors.

No charge for meals shall be made where the same are furnished for the convenience of the county, such as for employees at county institutions who are required by the nature of their duties to take their meals in connection with such employment. No person shall receive maintenance at any institution unless on duty at such institution.

Nothing herein shall prohibit the furnishing of meals on a cost basis where necessary or convenient. It shall be the duty of each officer to make certain that the provisions of this section are complied with as to all employees, agency/departments and institutions under his/her control and to keep the auditor-controller properly informed as to any payroll deductions required hereunder.

Resident physicians and surgeons at RUHS - MC shall be furnished without charge medical and hospital care for acute illnesses and injuries contracted or sustained by them during the period of their employment. Whether an illness or injury qualifies under this provision shall be determined by the assistant county executive officer - health systems with the advice of the chief medical officer.

27.

Termination. Except as specifically set out herein, all employees shall serve at the pleasure of the agency/department head and shall not be entitled to any review or hearing procedure upon termination by the agency/department head.

Seasonal employee provisions.

Initial probationary period.

Initial probationary status. Each seasonal employee shall be in an initial probationary status from the effective date of his/her initial employment in a seasonal or regular position in a paid status until the required initial probationary period, and any extension, is completed without separation from county employment.

Computation of the initial probationary period in a paid status does not include overtime, standby, on-call or military leave of absence. A seasonal employee who has not completed the initial probationary period, serves at the pleasure of the agency/department head and may be released from employment without cause. He/she is not entitled to the review procedure provided for in this chapter.

Length of initial probation. The length of the initial probationary period for seasonal employees is twelve (12) months of actual work. Months towards completion of initial probation need not be continuous but for a seasonal employee accrued months towards completion of initial probation shall be lost in the event that there is a period of more than one (1) year when the employee is in an unpaid status.

Extension of initial probation. The initial probationary period of a seasonal employee may be extended by the employing agency/department head with the approval of the human resources director. Extensions of an initial probationary period are discouraged and must be approved by the human resources director or his or her designee before the end of the existing initial probationary period. Approval is made on a case-by-case basis and only for rare and extenuating circumstances.

The twelve-month initial probationary period may be extended once to fifteen (15) months or twice to eighteen (18) months. If an employee changes classification by promotion, transfer or demotion during initial probation, extensions may also be made in the class to which he/she promoted, transferred or demoted.

Initial probationary period affected by change in class. An employee who has not completed the initial probationary period and who promotes, demotes or transfers to another class, will serve a new twelve-month probationary period following such promotion, demotion, or transfer. The twelve (12) months required pursuant to the provisions of this section shall be in addition to any initial probationary period hours served by the employee in the position from which he/she voluntarily promoted, demoted, or transferred.

Discipline, dismissal, and review.

The provisions of this subsection do not apply to:

(1)

At-Will seasonal employees;

(2)

Seasonal employees who have not completed an initial probationary period with the County of Riverside;

(3)

Regular seasonal employees serving a promotional probationary period when such disciplinary action does not affect any vested rights.

The appointing authority may dismiss, demote, suspend, demote and suspend, or impose any other disciplinary action on a probationary employee during the probationary period. Unless such action affects the vested rights of a permanent employee serving a promotional probationary period, no hearing shall be held on any disciplinary action affecting a probationary employee.

Any of the following acts of an employee who has permanent status shall be good cause for dismissal, demotion, reduction in compensation, suspension, or any other action taken for disciplinary reasons:

(1)

Dishonesty;

(2)

Incompetence;

(3)

Inefficiency or negligence in performance of duties;

(4)

Neglect of duty;

(5)

Insubordination or willful violation of an employee regulation prescribed by the board of supervisors or the head of the agency/department in which the employee is employed;

(6)

Absence without leave;

(7)

Conviction of either a felony, or any offense, misdemeanor or felony, involving moral turpitude, or any offense in connection with or affecting the employee's duties other than minor traffic violations. Conviction means a plea of guilty or nolo contendere or a determination of guilt in a court of competent jurisdiction;

(8)

Discourteous treatment of the public or other employees;

(9)

Political activity in violation of federal or state law;

(10)

Physical or mental unfitness to perform assigned duties;

(11)

Making a material misrepresentation in connection with obtaining or maintaining employment or position;

(12)

Conduct either during or outside of duty hours which adversely affects the employee's job performance or operation of the agency/department in which he/she is employed;

(13)

Failure to maintain the license, registration, certificate, professional qualifications, education, or eligibility required for the employee's classification when the failure of the employee to maintain such requirements adversely affects the employee's ability to perform his or her job or the performance of the agency/department. The agency/department shall prescribe procedures to insure that employees affected by the requirements are informed of them;

(14)

Substance abuse in violation of the County of Riverside Alcohol and Drug Abuse Policy;

(15)

Violation of the county's anti-violence in the workplace policy.

The disciplinary and appeal procedure for seasonal employees shall be the same as in the disciplinary and appeal procedure contained in the most current Resolution of the County of Riverside and other agencies providing salaries and related matters for exempt management, management, confidential, and other unrepresented employees.

Step advance.

Applicability of step increases. The compensation of each seasonal employee who is paid on a step basis, and whose pay is below the highest step of the grade allowed for the class shall be considered for increase upon his or her anniversary date, except as otherwise provided.

Anniversary dates. The first anniversary date as a result of an original appointment shall be the first day of the pay period following the completion of twelve (12) months of actual work in a paid status in the position, not including overtime.

Re-employment at a rate other than that of the first step of a grade shall be considered an original appointment for purpose of fixing the anniversary date.

The first anniversary date as a result of promotion or reclassification, which involved a salary increase, shall be the first day of the pay period following the completion of six months of actual work in a paid status in the position, not including overtime.

The second anniversary date shall be the first day of the pay period following the completion of an additional twelve (12) months of actual work in a paid status, not including overtime, and subsequent anniversary dates shall occur at like intervals.

The provisions of this section shall be subject to other specific provisions of this chapter concerning change of anniversary dates.

Limit on unpaid status. Months in a paid status toward a step increase need not be continuous, but for a seasonal employee, accrued months in step shall be lost in the event that there is a period of more than one (1) year when the employee is in an unpaid status.

Pay increases by salary steps. Every anniversary salary increase, unless otherwise dictated within a recognized employee organization's memorandum of understanding (MOU) shall be to the rate of the second next higher step, except when there are less than two steps remaining, it shall be to the last step of the salary grade. Such salary increases shall be given unless there is an affirmative decision of the agency/department head to deny the increase.

Denial of step increase. The agency/department head may disallow a step increase only after the performance evaluation is reviewed and approved by the human resource director or a designee. If the increase is not granted, the agency/department head shall state the reasons on the form, which shall be given to the employee for signature. The agency/department head shall reconsider the step increase at least quarterly, and may allow it effective on the first day of any pay period after the date it could have been granted. The responsibility for submitting a written allowance of increase, after its denial, shall be with the agency/department head. The anniversary date shall be postponed until an increase is allowed.

Temporary employee provisions.

Compensation. Temporary employees shall be compensated at the first step of the salary plan and grade for their job class, unless an advance step is authorized at the time of appointment. Temporary employees do not receive step advances within the salary grade based on hours of service.

Function of temporary employees.

Temporary employees will normally be utilized to perform irregular, project, or overflow work that cannot be performed by regular employees within the agency/department without additional cost, including overtime costs.

Temporary employment shall not be used in lieu of the probationary period in a regular or seasonal position or as a trial period of employment, but this provision shall not render a temporary employee ineligible for appointment to a regular or seasonal position.

Agreements entered into between the county and a federal or state funding authority may contain provisions which will prevail over the rules of this section affecting temporary county employees.

Length of employment. No temporary employee shall be permitted to work in the same capacity in which he/she performs substantially continuous service for more than one thousand (1,000) working hours (approximately six months of full time service) during any one fiscal year. In the event that a agency/department head has unusual circumstances to warrant employment of a temporary employee for a longer period, the agency/department head may request approval on the board of supervisors' agenda, prior to the employee working more than one thousand (1,000) hours in the fiscal year. Any request to extend the service shall set forth the justification, the hire date of the temporary employee, and the number of hours requested in the extension. Any additional extension shall require further board of supervisors' approval annually, prior to the employee working one thousand (1,000) hours in that fiscal year. ^[]

Unrepresented per diem employee provisions.

Notwithstanding any other provisions of this chapter, except as otherwise provided herein, only the provisions set forth in this section shall be applicable to persons employed as unrepresented per diem employees.

Definitions.

"Per diem employee" shall mean anyone who occupies a position within a classification established in the class and salary listing as a per diem class and that is not represented by a collective bargaining unit. All per diem employees shall serve at the pleasure of the agency/department head.

"Base rate of pay" shall mean the hourly rate of compensation as set forth in the class and salary listing for a per diem classification.

"Holiday" shall be the twenty-four-hour period which commences at 7:00 a.m. of any day on which county offices are not open for business, in accordance with county ordinance, other than Saturday or Sunday.

"Overtime" shall mean any authorized work actually performed in excess of the established FLSA work week.

"Critical care work areas" shall mean the following units at the hospital: ER, ICU, CCU, Neuro ICU, Peds ICU, Neonatal ICU, OR, Recovery, Dialysis, Labor and Delivery, and Anesthesia.

"In charge" shall mean the assignment by the nursing administration office, and acceptance by a licensed employee, to have total nursing management responsibility for a particular inpatient nursing unit, such responsibility to include, but not necessarily be limited to, patient care, nursing personnel, and the general environment of the unit.

For acute care assignments, "weekend" shall mean the period commencing at 3:00 p.m. Friday and ending at 7:00 a.m. on Monday. For outpatient clinic or non-acute care assignments, "weekend" shall mean the period commencing at 5:00 p.m. Friday and ending at 7:00 a.m. on Monday.

Conformance to plan.

No person shall be employed in or appointed to any per diem position until the classification plan shall contain a position specification for such position.

No person shall be employed in or appointed to any per diem position unless said person meets the minimum qualifications set forth in the position specifications.

Positions allowed.

The basic classification of per diem positions is deemed to be established by the class and salary listing and the number of positions needed for each class shall be as determined from time to time by resolution of the board of supervisors.

No person shall be appointed to a per diem position until such position has been allocated to the hiring agency/department.

Salary procedures.

Basis of compensation. Per diem employees may receive compensation at the hourly rate assigned to the classification in which they are employed.

The human resources director may authorize differential premium pay for per diem job classes at rates not more than those established for regular job classes, as needed to maintain efficient business operations. Such premium authorization may be ended by the human resources director as warranted by operations or funding.

Reporting and calculation. Actual hours of work and overtime work shall be reported for each per diem employee on each biweekly attendance report or by such other method as is established by the county auditor-controller.

Payment. The county auditor-controller shall distribute salary warrants no later than the second Wednesday following the end of a pay period.

Overtime. Overtime shall be paid at one and one-half times the FLSA regular hourly rate for all non-exempt employees. FLSA exempt employees who work on a per diem basis will be entitled to their base rate of pay for each authorized hour worked in excess of the established FLSA workweek.

Shift differential. Shift differentials do not apply to vacation, sick leave, holiday pay, call or standby duty. The hourly rate for each shift differential is payable in tenths of an hour. Employees who work day shift between the hours of 7:00 a.m. to 6:00 p.m. shall not be entitled to a shift differential.

Classes not eligible for shift differentials. Employees in the classification(s) listed below shall not be paid shift differential:

Pharmacist - C - PD

Evening shift—General. Per Diem employees whose classes are specifically mentioned below, who perform work between the hours of 6:00 p.m. and 11:00 p.m., shall be paid an evening differential as set out below for the time actually worked between 6:00 p.m. and 11:00 p.m.

Classifications:	Rate:
• Electrocardiograph Technician - PD ♦	25¢ per hour
	♦ For employees in this Per Diem classification working at the Riverside University Health System - Medical Center.
• Nursing Assistant - PD	35¢ per hour
• Pharmacy Technician II - PD	60¢ per hour
• House Supervisor - PD	Classification(s) authorized by the County Executive Officer to receive the same premium as employees in the equivalent regular classifications.

Night shift—General. Per diem employees whose classes are specifically mentioned below and who perform work between the hours of 11:00 p.m. and 7:00 a.m., shall be paid a night differential as set out below for the time actually worked between 11:00 p.m. and 7:00 a.m.

Classifications:	Rate:
• Electrocardiograph Technician - PD♦	50¢ per hour
	♦ For employees in this Per Diem classification working at the Riverside University Health System - Medical Center.
• Nursing Assistant - PD	75¢ per hour
• Pharmacy Technician II - PD	$1.20 per hour
• House Supervisor - PD	Classification(s) authorized by the County Executive Officer to receive the same premium as employees in the equivalent regular classifications.

Holidays. A per diem employee who works on a holiday shall be paid at the rate of one and one-half times the employee's base rate of pay for the hours actually worked.

Benefits. No benefits except those expressly provided by statute shall accrue to per diem employees.

10.

Termination. All per diem employees shall serve at the pleasure of the agency/ department head and shall not be entitled to any review or hearing procedure upon termination by the agency/department head.

(Ord. No. 440.1761, § 10, 9-15-2015; Ord. No. 440.1762, § 10, 1-5-2016; Ord. No. 440.1764, § 1, 3-19-2019)

                    
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