Chapter 5 – Administrative

Policy

• California Correctional Health Care Services (CCHCS) and Division of Health Care Services (DHCS), California Department of Corrections and Rehabilitation (CDCR) must ensure that employees are compensated in accordance with the applicable Bargaining Unit (BU) Memorandum of Understanding (MOU) provisions (rank and file employees) or California Department of Human Resources (CalHR) policy (excluded employees), for On-Call/Standby assignments and/or Callback time.

• Not all BU MOUs have negotiated the same provisions regarding On-Call/Standby and Callback.  This policy serves to clarify the differences and similarities of the individual MOUs and provides guidance for excluded employees associated with the applicable BUs.  The On-Call/Standby Provisions and Compensation matrix (Appendix 1) and the Callback Provisions and Compensation matrix (Appendix 2) are attached to identify which provisions are applicable to each BU referenced in this document.

• Effective upon release of this policy and procedure On-Call/Callback hours may be compensated either in cash or accrued Compensating Time Off (CTO) provided the accrual of CTO does not exceed the established cap.  The decision to allow cash compensation will be reviewed annually in March and will be determined based on the fiscal status of the Department.

Procedure

• On-Call/Standby Assignment General Guidelines

  • When there is a requirement that an employee be available during specified off-duty hours to receive communication regarding a requirement to return to work and be fit and able to return to work, if required, this time is considered On-Call/Standby.  The requirement to carry an electronic device or respond when contacted does not necessarily entitle the employee to On-Call/Standby compensation

  • Employees scheduled for On-Call/Standby assignments at a Correctional Treatment Center (CTC) (Appendix 3) are expected to return to the worksite in a reasonable amount of time.  Please refer to the BU MOU for specific requirements.

  • For BUs that contain a Work Week Group (WWG) not authorized to receive overtime compensation (e.g., E and SE), but include a provision to compensate for On-Call/Standby, compensation shall be paid in cash or CTO provided the accrual of CTO does not exceed the established cap. Any accrual of CTO that will cause the balance to exceed the cap shall be paid in cash.

  • Additionally, CalHR Personnel Management Liaisons 2002-040 specifically states that excluded employees in WWG E (e.g., Chief Medical Executive [CME] and Regional Medical Executive [RME]) are not eligible for On-call/Standby compensation.

• On-Call/Callback Assignment for BU 16

  • For BU 16 employees (Dentists, Physicians, Podiatrists, and Psychiatrists), On-Call and Callback are defined as (BU 16, MOU Section 7.9 On-Call/Callback Assignment):

  • On-Call Assignment

    • On-call assignment is defined as a work-shift which is performed in addition to the Unit 16 employees’ regularly scheduled workweek in which the Unit 16 employee is:

      • Available by telephone or electronic paging device at all times; and

      • Normally immediately available to return to the facility for any required medical support deemed necessary by the employee.  If the State deems it necessary, the State shall issue a Unit 16 employee an electronic paging device during an on-call assignment.

    • Those employees completing an on-call assignment of seven days shall receive eight hours CTO or eight hours compensation at management’s discretion for each on-call assignment.

    • Unit 16 employees who complete on-call assignments of less than seven days shall receive pro-rata CTO or pro-rata pay.

  • Callback Assignment

    • Unit 16 employees who are required to return to the institution for a work shift in addition to the Unit 16 employees’ regularly scheduled workweek shall receive hour for hour credit (CTO) with four hours guaranteed.  In addition to the hour for hour credit, and four hours guaranteed, Unit 16 employees shall be compensated for one hour (CTO) for travel time.  If funds are available for cash compensation, the State may choose cash instead of CTO.  It is at the State’s discretion whether cash is paid or CTO is accumulated.  Returns to the institution shall be documented.

  • NOTE:  Physician and Surgeons scheduled for On-Call/Standby assignments at CTCs are expected to return to the worksite within one hour of receiving telephonic communication.  At non-CTCs, employees are expected to return within a reasonable length of time, relative to the patient’s illness or injury.

• On-Call Assignment for Excluded Employees Affiliated with BU 16

  • Excluded employees in WWG SE affiliated with BU 16 (Chief Physician and Surgeon [CP&S], Supervising Dentist, Chief Psychiatrist, etc.) may be eligible to receive On-Call compensation.  For example, when such an employee is acting as the treating physician because a rank and file physician is not available or a Physician Assistant (PA) or Nurse Practitioner (NP) is On-Call, the On-Call compensation will apply.  The same conditions, restrictions, and definitions for On-Call compensation that apply to rank and file employees in BU 16 also apply to excluded employees affiliated with BU 16.

• Callback Time for BU 18

  • For BU 18 (Psychiatric Technician and Senior Psychiatric Technician), Callback is defined as (NOTE: The BU 18 MOU has no provision for On-Call Assignments):

  • BU 18 MOU Section 5.3 Callback Time

    • An employee who has completed a scheduled work shift, or an employee on an authorized day off, when ordered back to work shall be credited with a minimum of four hours work time at the employee’s appropriate rate of pay provided the call back to work is without having been notified prior to completion of the work shift and the work begins more than two hours after the completion of the scheduled work shift.

• Standby/Callback Assignment for BU 19

  • For BU 19 (Health and Social Services/Professional) employees who are covered by the Fair Labor Standards Act (FLSA), Standby and Callback are defined as:

  • BU 19, MOU Section 6.3 Standby

    • For covered employees, standby is defined as the express requirement that an employee be available during specified off-duty hours to receive communication regarding a requirement to return to work.  It shall not be considered standby when employees are contacted or required to work but have not been required to be available for receipt of such contact.

    • Each department, or designee, may establish procedures with regard to how contact is to be made and with regard to response time while on standby.

    • An employee who is required to be on standby status will be compensated in the following manner: for every four hours on standby, an employee shall receive one hour of compensating time off.  For every hours on standby or major fraction thereof (30 minutes or more), an employee shall receive fifteen minutes of compensating time off.

    • No standby credit will be earned if the employee is called back to work and receives callback credit during any given four-hour period.

    • Standby and CTO credited as a result of standby shall be considered time worked for purposes of qualifying for overtime.

    • At the discretion of the State, CTO credited as a result of standby may be paid in cash to the employees.

  • BU 19, MOU Section 6.2 Voluntary Callback

    • For employees who are covered by the FLSA, the State will credit a Unit 19 employee with a minimum of four hours regular work time for an authorized callback when an employee is called back to work after completion of his/her regularly scheduled work shift and has left the work premises.

    • Callback credit will commence when the employee begins work and will terminate when the employee stops working.  However, hours worked which are contiguous to an employee’s regular working hours, which may include a meal period after completion of a regular work shift, will not be considered callback.

    • At the discretion of the State, callback credit may be paid in cash to the employee.

• BU 19 Exception

  • On-Call/Callback Assignment for BU 19 Specific WWG E Employees

  • Per the MOU side letter signed September 3, 2014, for BU 19 FLSA-excluded employees (Psychologist – Clinical, Correctional Facility [CF]; Sr. Psychologist, CF [Specialist]; and Clinical Social Workers [Health/CF]-Safety), On-Call and Callback are defined as:

    • On-Call Assignment

      • On-Call Assignment is defined as a work-shift which is performed in addition to the Unit 19 employees’ regularly scheduled workweek in which the Unit 19 FLSA exempt employee is:

        • Available by telephone or electronic paging device at all non-work times; and

        • Normally immediately available to return to the facility for any required mental health duties deemed necessary by the employer.

      • If the State deems it necessary, the State shall issue a Unit 19 employee a cell phone or electronic paging device during an on-call assignment.

      • Unit 19 employees will receive eight hours CTO or eight hours of compensation, at managements’ discretion, for each completed on-call assignment of seven days.

      • Unit 19 employees who complete an on-call assignment of less than seven days shall receive prorated in either cash or CTO, at the employer’s discretion.

      • NOTE: Excluded employees covered under the side letter agreement referenced above are not subject to the requirement to return to the institution within one hour of receiving a call that requires them to do so.

    • Callback Assignment

      • Unit 19 exempt employees who are required to return to the institution for a work shift in addition to the Unit 19 employees’ regularly scheduled workweek shall receive hour for hour credit (CTO) with four hours minimum work guaranteed.  The four hours begins when the employee arrives at the institution.

      • Unit 19 employees called back to an institution, under the provisions of 6.XA, and who then leave and are called back again within the same four hour period, shall only be compensated for additional hours worked beyond the four hour call back guarantee.

      • In addition to the hour for hour credit, and four hour minimum, Unit 19 employees shall be compensated one hour for travel time.  Compensation shall be either CTO or cash, at the employer’s discretion.  Returns to the institution shall be documented.

      • Unit 19 employees called back to an institution during a holiday shall receive either pay or CTO in accordance with Section 8.1 (Holidays), paragraph (I).

      • NOTE: Compensation for on-call/call back assignment shall not exceed 24 hours in any one-day period.

• Standby/Callback Assignment for BUs 1, 4, 11, 15, 17, and 20

  • For BUs 1 (Administrative, Financial, and Staff Services), 4 (Office and Allied), 11 (Engineering and Scientific Technician), 15 (Allied Services), 17 (Registered Nurse) and  20 (Medical and Social Services), Standby and Callback are defined as:

  • BUs 1, 4, 11, 15, 17, and 20 MOU Section 19.12 Standby Time

    • “Standby” is defined as the express and absolute requirement that an employee be available during specified off-duty hours to receive communication regarding a requirement to return to work, and be fit and able to return to work, if required.  It shall not be considered standby when employees are contacted or required to return to work but have not been required to be available for receipt of such contact.

    • Each department, or designee, may establish procedures with regard to how contact is to be made (e.g., electronic paging device, phone) and with regard to response time while on standby.

    • An employee who is required to be on standby status will be compensated in the following manner: for every eight hours on standby, an employee shall receive two hours of CTO, which may be prorated on the basis of fifteen minutes CTO for each one hour of standby.  Standby may not be scheduled in less than one-hour increments.

    • No Standby credit will be earned if the employee is called back to work and receives call back credit.

    • Standby and CTO credited as a result of standby shall not be considered time worked for purposes of qualifying for overtime.

  • BUs 1, 4, 11, 15, 17, and 20 MOU Section 19.11 Callback Time

    • An employee who has completed a normal work shift, when ordered back to work, shall be credited with a minimum of four hours work time provided the call back to work is without having been notified prior to the completion of the work shift, or the notification is prior to completion of the work shift and the work begins more than three hours after the completion of that work shift.

• On-Call Assignments for Mid-Level Practitioners

  • PAs and NPs may be scheduled to provide On-Call services.  PAs, NPs, and rank and file physicians shall be scheduled on an equal basis with no individual or group receiving preferential treatment.

  • Because there is a requirement that the PA or NP be supervised by a physician, when a PA or NP is placed On-Call, a CP&S, CME, or the RME is required to be On-Call as well.

• Compensation

  • The employee can elect to receive pay or CTO; however, if the receipt of CTO will result in exceeding the established cap, the portion exceeding the cap must be paid and not accrued.  Callback compensation shall be at the straight time hourly rate.  Exception to this policy for BU 19 FLSA-excluded employees refer to BU 19 compensation.

  • NOTE: Employees in WWG E and SE are not eligible for Callback compensation unless specifically stated in the BU contract.

• BU Matrix Headquarters and Field

  • The Bargaining Unit Matrix Headquarters and Field guide (Appendix 4), outlines the BUs, unions, classifications, and WWG for the BUs referenced in this policy.

• On-Call and Callback Authorization form (CCHCS SB01)

  • All employees who are on authorized On-Call/Standby and Callback status are required to complete the Call/Standby Authorization form (CCHCS SB01A).

  • Prior to the On-Call/Standby start date, the manager/supervisor assigning the On-Call/Standby must complete sections 1 through 9, and sign and date sections 11 and 12 of the CCHCS SB01A.  At the completion of the assignment(s), the employee must complete Section 10 of the CCHCS SB01A and both the manager/supervisor and the employee will sign and date sections 13 through 16 of the CCHCS SB01A.

  • In addition to the CCHCS SB01A, the Callback Authorization form (CCHCS SB01B) must be completed by the employee for Callback assignments and submitted to the manager/supervisor. The manager/supervisor is responsible for the review and approval of all Callback assignments documented by the employee on the CCHCS SB01B.

  • Employees are responsible for ensuring that all approved On-Call/Standby and Callback time documented on the CCHCS SB01A and CCHCS SB01B are accurately reflected on the CDCR 998-A, Employee’s Record of Attendance.  Managers/supervisors are responsible for verifying that On-Call/Standby and Callback hours reflected on the CCHCS SB01A and CCHCS SB01B are accurately documented on the CDCR 998-A.  Managers/supervisors are also responsible for approving and signing the CDCR 998-A once the information has been verified.  If the hours documented on the CDCR 998-A do not reflect the On-Call/Standby and Callback hours as documented on the approved CCHCS SB01A and CCHCS SB01B, the CDCR 998-A shall be returned to the employee for correction.

  • At no time should the manager/supervisor approve On-Call/Standby or Callback hours that are not accurately reflected on the CCHCS SB01A and CCHCS SB01B, and CDCR 998-A.

  • The manager/supervisor and the employee shall keep a copy of the CCHCS SB01A and CCHCS SB01B, and the originals shall be submitted with the CDCR 998-A.

Policy

• It is the policy of California Department of Corrections and Rehabilitation (CDCR) to recruit, hire, and assign all employees on the basis of merit and fitness in accordance with civil service statutes, rules, and regulations.  This policy is intended to uphold the merit principle of civil service by preventing and prohibiting preferential treatment or bias due to personal relationships.  Nepotism is antithetical to a merit-based personnel system and staff shall not use their personal relationships to aid or hinder others in the employment setting.  CDCR reserves the right to initiate mandatory reassignments, employee transfer, or take other administrative action to avoid or correct situations where the potential for employment decisions based on nepotism exists.

Procedure

• Exception Request

  • The hiring manager or supervisor shall prepare the exception request in memorandum format (refer to the Nepotism and Fraternization Exception Request Memorandum Template).  The memorandum shall clearly identify the personal relationship of the employees in question and how an exception, if granted, will contribute to the operational needs of the organization and mitigated within the reporting structure.

• Submission of Exception Request

  • The local Hiring Authority (HA), shall review mitigating factors of the exception request:

    • If the HA is a Chief Executive Officer, the exception request shall be forwarded to the Regional Health Care Executive (RHCE). RHCE shall review and provide their recommendation within three business days.

    • The exception request shall be forwarded to the Chief, Classification and Pay (C&P) and Transactions & Benefit Services (TBS) or the Regional Personnel Administrator (RPA).

  • The Chief, C&P/TBS or RPA shall review the exception request pursuant to California civil service laws and rules and other factors that may impact the exception decision and provide a written recommendation to the Deputy Director (DD), Human Resources (HR). The Chief C&P/TBS or RPA shall provide their recommendation within two business days.

  • The DD, HR, shall review and provide a final recommendation to CCHCS Office of Legal Affairs (COLA) within two business days.

  • COLA shall review and provide a final written determination to approve or deny the exception request to the DD, HR within five business days. After receiving the final determination from COLA, the DD, HR, or designee, shall provide a written response to the HA within one business day.

  • The HA shall ensure a copy of the response is retained in the candidate’s interview folder or forward a copy to the local Personnel Specialist for filing in the employee’s Official Personnel File (OPF).

    • If the exception request is approved:

      • The HA shall also ensure a copy of the approval is provided to the candidate or employee.

      • The supervisor and employee shall have memorandums documented in the OPF indicating their understanding of the conflict to DOM Section 33010.25 and methods which are being instituted to mitigate.

    • If the exception request is denied, an alternative means of resolving the policy conflict shall be implemented, including reassignment of one of the affected employees (if both are current employees), or selecting an alternate candidate.

Policy

• California Correctional Health Care Services (CCHCS) and Division of Health Care Services (DHCS), California Department of Corrections and Rehabilitation (CDCR) shall ensure that all prospective employees, contractors, and volunteers have cleared a criminal record check, which includes Live Scan fingerprinting requirements. California law authorizes certain governmental agencies/departments to conduct Criminal Offender Record Information (CORI) checks on individuals applying for a license/certification, employment, or as a contractor/volunteer within law enforcement agencies/departments.

• All prospective employees and contractors responsible for patient care shall have a cleared CORI check prior to beginning employment. All other contractors and volunteers shall have a cleared CORI check prior to entering an institution to provide services.  All prospective institution and headquarters (HQ) employees not responsible for patient care shall have a CORI check conducted upon appointment.

• All offers of employment or other invitations to provide services for anyone providing patient care are tentative until Live Scan fingerprinting requirements are met and approved by Human Resources (HR).

• An exception may be granted for patient care providers (both employees and contractors) to access an institution for the purposes of obtaining classroom training and/or orientation; however, Live Scan clearance must be obtained before providing patient care.

• CCHCS employees designated to perform Live Scan fingerprinting functions, and who may have access to confidential CORI, shall abide by all laws, policies, and training requirements set forth in applicable California Penal Code sections, California Government Code sections, Department of Justice (DOJ), and CDCR/CCHCS policies.  Each CCHCS employee designated to operate Live Scan fingerprinting systems and equipment and/or access CORI, shall read and complete a California Department of Justice, Employee Statement, Use of Applicant Criminal Offender Record Information form.

Purpose

• To outline Live Scan fingerprinting requirements within CCHCS and DHCS for those conducting Live Scan fingerprinting, applying for employment, or providing services within CCHCS/CDCR facilities.

Applicability

• Live Scan fingerprinting submissions are required in the following instances:

  • Non-Sworn Personnel: Employees in non-sworn classifications; those who are paid by the State.

  • Peace Officer Auxiliary: Employees in peace officer classifications including retired annuitants and those applying to become Peace Officers.

  • Contractor/Volunteer: Prospective CCHCS contractors, sub-contractors, volunteers, and interns.

  • Retired Peace Officer (RPO): RPO submissions for a Carry Concealed Weapon (CCW) permit and any peace officer employees retiring and requesting a CCW endorsement on their retired identification (ID) card.

  • CCHCS/DHCS Employees: Prospective employees who must obtain or renew a state license/certification to perform their job duties (e.g., Licensed Vocational Nurse, Pharmacist).

  • Retired Annuitants/Reinstatements: Prospective employees reinstated after a permanent break in state service.

  • Transfers from outside CDCR/CCHCS: Prospective employees applying to transfer from another State agency/department.

• Exceptions

  • An applicant who lives out-of-state and cannot travel to California may submit a manual FD-258 Fingerprint Card. Alternatively, the exception process may be requested allowing the applicant to complete the Live Scan process at the assigned institution or HQ upon arrival in California.

• Employee Transfers

  • When an employee is transferring from one CDCR office, institution, etc., to another, including a transfer from the Division of Juvenile Justice (DJJ) to Division of Adult Institutions (DAI) or DAI to DJJ, the hiring manager/supervisor shall contact the appropriate HQ or Regional Live Scan Analyst who shall coordinate with the Office of Peace Officer Selection (OPOS), via the Live Scan Unit email at CDCRLiveScan@cdcr.ca.gov, to verify that the employee has a Live Scan fingerprint record on file and shall initiate the No Longer Interested process with the appropriate personnel office.  Another Live Scan submission shall be necessary.

Procedure

• Prior to Scheduling a Live Scan Fingerprinting Appointment

  • CCHCS HQ program Personnel Liaison (PL)/Regional Human Resources Office (RHRO)/ Regional Human Resources Field Liaison (RHRFL) staff shall ensure each prospective employee, contractor, or volunteer completes and signs a:

    • CDCR 1951, Supplemental Application for All CDCR Employees. Disclosure of prior arrests or convictions by a prospective employee, contractor, or volunteer, as noted on the CDCR 1951, must be compared with the results of the Live Scan.  If there are discrepancies, the candidate may be disqualified for the position.

    • CDC 1199, Applicant Notification and Acknowledgement. Applicants acknowledge notification of being fingerprinted for the purpose of obtaining a CORI check from DOJ, and if subsequently arrested or convicted of any violations of the laws, the applicant must promptly notify the hiring manager/supervisor.

  • Contractors and Volunteers

    • All communication with contractors and volunteers shall be conducted through the CCHCS HQ PL/institution’s contract analyst. 

    • Contractors and volunteers shall be accompanied to the Live Scan fingerprinting appointment by the CCHCS HQ PL/RHRO staff. 

    • ID cards shall not be issued, and services may not be commenced, until the contractor or volunteer’s Live Scan fingerprinting results are received and cleared by HR.

    • NOTE: The exception process noted herein shall be utilized for contractors and vendors that have not obtained or are pending Live Scan clearance.

• Scheduling Live Scan Fingerprinting

  • The following outlines procedures for requesting LiveScan fingerprinting at CCHCS HQ/institutions:

  • HQ Staff

    • CCHCS HQ HR Reception Unit staff shall schedule and perform Live Scan fingerprinting for all prospective CCHCS/DHCS employees, contractors, and volunteers assigned to work at HQ.

    • The program PL or manager/supervisor shall notify CCHCS HQ HR Reception Unit staff of the need for Live Scan fingerprinting via email to CCHCSLiveScanIDAppts@cdcr.ca.gov.

    • Live Scan fingerprinting shall not be completed unless the identity of the prospective employee, contractor, or volunteer is verified via a state-issued driver’s license/ID card.

  • Institution Staff

    • RHRO staff shall schedule and perform Live Scan fingerprinting for all prospective CCHCS/DHCS employees, contractors, or volunteers assigned to work at an institution.

    • The contract analyst shall coordinate a date and time with the prospective contractor or volunteer, and RHRO staff to complete the Live Scan process.

• DOJ/Federal Bureau of Investigation (FBI) Live Scan Applicant Response Results

  • DOJ/FBI provides Live Scan fingerprint results to the hiring authority or designee that submitted the request. 

  • HR shall complete the CDCR 2164, Live Scan Response Form DOJ/FBI/Firearms.

• Exception Process for Patient Care Providers

  • Circumstances may arise when CORI results are not obtained timely and a need is identified for a provider, either employee or contractor, to begin working.  Upon approval, via the Receiver’s Freeze Exemption Request process, authorization may be granted for an employee or contractor responsible for patient care to begin work for purposes of obtaining classroom training and/or orientation; however, Live Scan clearance (CORI) must be obtained before providing patient care.

  • Civil Service Employees
    The following procedures shall be followed if the exception process is approved for civil service employees.

    • Employee Pre-Employment

      • The patient care provider shall have a Live Scan fingerprint completed as soon as possible after a tentative offer is made.

      • The patient care provider shall complete and sign the CDCR 1951 and the Live Scan Acknowledgment form.

      • The Chief Executive Officer (CEO) shall approve all hires utilizing this process by approving the Live Scan Acknowledgment Form.

    • Tracking Live Scan Clearance

      • The RHRFL shall monitor and track all outstanding Live Scan clearances.

      • Upon receipt of Live Scan results, which may include Record of Arrests and Prosecutions (commonly referred to as a RAP sheet), the RHRFL shall compare the results with the CDCR 1951 completed by the employee.  If there are no discrepancies, the RHRFL shall notify the CEO and program manager by email, indicating the Live Scan results have been received and the employee is cleared.

      • If there is a discrepancy between the Live Scan results and the CDCR 1951, the RHRFL shall immediately notify the CEO to begin the review and determination process.

        • A copy of the CDCR 1951, CDCR 2164, Live Scan Acknowledgment Form, and RAP sheet shall be packaged and sent to the CEO for review.

        • A duplicate package shall also be prepared for the Warden’s review and acknowledgment.

      • If the outcome of the review and determination process results in a failure to clear the employee for continued employment, the CEO shall contact the assigned Health Care Employee Relations Officer (HCERO) and initiate termination of employment.

  • Contract Providers
    The following procedures shall be followed if the exception process is approved for contract providers responsible for patient care.

    • Contract providers shall have a Live Scan fingerprint completed as soon as possible after approved for placement.

    • Contract providers shall also complete the Gate Clearance process. This will ensure the provider is approved to access the institution in compliance with CDCR policy.

    • Contract providers may attend classroom training and/or orientation prior to Live Scan results being received and approved

    • Contract providers may not provide patient care until Live Scan results are received and approved.

    • The Health Care Contracts Section Manager or designee shall monitor and track Live Scan clearance.

    • The Health Care Contracts Section Manager or designee shall notify the CEO and program manager by email to advise if the contract provider was cleared to provide patient care.

• DOJ/FBI CORI Subsequent Arrest Notification

  • Once a prospective employee, contractor, or volunteer has been fingerprinted for Live Scan, DOJ forwards a Subsequent Arrest Notification to CCHCS’s HR Reception Unit if/when an individual is arrested.  DOJ/FBI CORI Subsequent Arrest Notifications are maintained by the HR Reception Unit.

  • The Associate Director, HR, or designee shall review the Subsequent Arrest Notification and forward it to the HCERO, Performance Management Unit (PMU), CCHCS via the PMU Program Manager.

  • The HCERO shall determine if the employee notified CCHCS of the arrest, and if applicable, contact the Hiring Authority to determine the appropriate disciplinary action. 

  • Copies of a DOJ/FBI CORI Subsequent Arrest Notification and/or firearm denial/prohibition shall be provided by the Associate Director, HR, or program Section Chief to an affected employee, contractor, or volunteer upon request. 

  • Requests shall be placed in a sealed envelope (marked “Confidential”), and the employee, contractor, or volunteer is to obtain the notification in person.

  • CORI information may also be provided by the Associate Director, HR, or program Section Chief to other offices within the Department that are responsible for handling employee investigations and discipline (e.g., Office of Internal Affairs, PMU).

  • HQ HR Reception Unit staff shall track via the California Correctional Health Care Services Human Resources Headquarters – Subsequent Arrest Notification log, when and to whom a copy of CORI information was provided in the event of a DOJ audit.

  • HR Regional staff shall track via the California Correctional Health Care Services Human Resources Regional – Subsequent Arrest Notification log, when and to whom a copy of CORI information was provided in the event of a DOJ audit.

• No Longer Interested Notification

  • Once an employee separates (regardless of the type of separation), or when a contractor’s or volunteer’s services are terminated or no longer needed, CCHCS has no legal authority to continue receiving Subsequent Arrest Notification information on the individual.  The OPOS 11T, No Longer Interested Notification shall be submitted to DOJ by CCHCS HQ Personnel Specialist/Institutional Personnel Office staff for any of the following:

  • Employees who have separated from CDCR/CCHCS. 

  • NOTE: An OPOS 11T should not be sent to DOJ for retired employees.

  • Contractors, volunteers, vendors, or other service providers whose services are no longer required/terminated.

  • Civil service applicants who were fingerprinted but not hired by CDCR/CCHCS.

Policy

• California Correctional Health Care Services (CCHCS) and Division of Health Care Services (DHCS), California Department of Corrections and Rehabilitation (CDCR) may only authorize Administrative Time Off (ATO) pursuant to the parameters outlined below, California Government Code (GC), California Labor Code, California Code of Regulations (CCR), California Department of Human Resources (CalHR) policy, and/or Bargaining Unit (BU) Memorandum of Understanding (MOU) provisions.

Procedure

• Authority to Approve Administrative Time Off

  • All requests for placing an employee on ATO shall be approved for up to five working days through the Hiring Authority (HA) chain of command with concurrence from the respective CCHCS/DHCS program Director/designee or Regional Health Care Executive (RHCE) as outlined in Approval Authority for Administrative Time Off (ATO).

  • After receiving approval from the respective Director/designee or RHCE, the requesting HA shall immediately notify the Health Care Employee Relations Officer (HCERO), Performance Management Unit, CCHCS.  The HCERO shall assist with writing the Notification of Administrative Time Off (ATO).

  • Once completed, with the assistance of the HCERO, the HA shall provide the Notification of ATO to the affected employee.

• Administrative Time Off Exceeding Five Working Days

  • The information below summarizes the process for the approval for ATO exceeding five working days, as outlined in the Approval Authority for Administrative Time Off (ATO):

  • 6 – 30 Days of ATO

    • The HA shall contact his/her respective CCHCS/DHCS program Director/designee or RHCE prior to the employee’s fifth working day on ATO to request to continue an employee on ATO beyond five working days.

    • For requests to continue an employee on ATO beyond ten working days, the HA shall contact his/her respective CCHCS/DHCS program Director/designee or RHCE prior to the employee’s tenth working day on ATO.

    • If it is determined that an employee should be continued on ATO beyond 15 working days, the HA shall contact his/her respective CCHCS/DHCS program Director/designee or RHCE prior to the employee’s 15th working day on ATO.

    • If it is determined that an employee should be continued on ATO beyond 30 calendar days, the respective CCHCS/DHCS program Director/designee or RHCE shall notify the Receiver/designee prior to the employee’s 25th working day on ATO.

    • The HA must notify the HCERO of the approval or denial of an employee’s continued ATO use.

  • 31 Days or More of ATO

    • A justification from the HA establishing good cause for maintaining an employee on ATO in excess of 30 calendar days, shall be provided to the HCERO for submission to CalHR.

    • CalHR Extension Request Process

      • Requests to extend ATO for longer than 30 calendar days must be submitted, in writing, to CalHR, Personnel Services Branch, Labor Relations Division, via the CCHCS HCERO at least five working days prior to the expiration of the ATO. The HCERO is responsible for seeking approval in advance from CalHR in 30 calendar day increments. The Request for Approval – Administrative Time Off Extension memorandum must be labeled “Confidential”.  The following information must be included in the ATO extension request:

      • Employee Information:

        • Employee name.

        • Collective bargaining identifier.

        • Classification and job/working title.

        • Peace Officer (Yes or No).

        • Initial date ATO commenced.

        • Length of extension, if less than 30 calendar days is requested.

      • Reason ATO is needed:

        • Explain why ATO is the best alternative under the circumstances.

        • Explain why the employee cannot return to work.

        • A temporary reassignment was considered instead of ATO.

        • If a temporary assignment is rejected, state the reason why.

        • The employee cannot perform any work remotely while on ATO.

      • Projected Date for Termination of ATO:

        • Date the investigation or a Fitness for Duty Evaluation is expected to conclude.

        • If the original deadline needs to be extended, explain why.

      • HA or Designee Contact Information:

        • Name.

        • Email.

        • Phone number.

      • The extension request must be signed by the HA.

        • NOTE:  If an investigation is underway, the HA does not need to describe specifics about the investigation, but should explain the potential harm that might arise from returning the employee to work (e.g., “Investigating allegations of child molestation; employee’s job duties include the supervision of children,” or “Investigating allegations of theft; employee’s job duties involve unlimited access to funds and no ability to secure the funds.”).

    • CalHR Extension Decision

      • CalHR will notify the HCERO regarding approval or denial of the ATO extension request.

      • If the request is approved, CalHR will specify the expiration date.

        • NOTE:  Approvals are typically for only 30 calendar days.

      • If the request is denied:

        • CalHR will explain the reason for the denial.

        • CalHR will work with the HCERO to determine if reconsideration of the ATO extension request is merited, or the employee must return to work.

          • NOTE:  If CalHR denies the ATO extension request, the employee must return to work.

• Consultation with the Office of Internal Affairs Prior to Administrative Time Off due to Misconduct

  • Prior to granting ATO due to suspected misconduct, the Office of Internal Affairs (OIA) Central Intake Unit (CIU) must be consulted.

  • When a HA determines that ATO may be necessary, the HA shall consult with one of the following CDCR staff prior to placing the employee on ATO:

    • OIA Special Agent In-Charge

    • OIA CIU Chief

  • The purpose of the consultation is to ensure that no investigative protocol is compromised and for CIU to consider the case for expedited processing.

  • If an employee is placed on ATO after a case has been referred to OIA, immediately notify OIA of the action.

  • Referrals to OIA shall be made via the CDCR 989, Confidential Request for Internal Affairs Investigation/Notification of Direct Adverse Action. The HA shall request a blank copy of the CDCR 989 from the OIA.

    • NOTE:  For priority processing, the CDCR 989 may be faxed to CIU, with a copy of the Notification of ATO memorandum.

• Criminal Conduct

  • ATO may be approved when a CCHCS/DHCS employee:

  • Has been charged with a felony.

  • Is suspected of committing any serious violation of the CCR.

• Misconduct

  • ATO may be approved when a CCHCS/DHCS employee:

  • Is suspected of smuggling contraband.

  • Has demonstrated unacceptable familiarity with incarcerated persons.

  • Has seriously jeopardized the security of the institution.

  • Has been served with a Notice of Adverse Action in which the penalty is dismissal or has been served a Notice of Rejection During Probation.

    • NOTE:  ATO arising from dismissal or rejection during probation shall conclude on the effective date of the Notice of Adverse Action or Notice of Rejection During Probation.

• Injury or Illness

  • ATO related to injury or illness:

  • Shall be approved for time lost on the date of a work-related injury or illness, even if the claim has not been approved for Worker’s Compensation benefits.

  • May be approved where an employee has a medical condition(s) and the Disability Management Unit has determined that a Fitness for Duty Evaluation is required.

• Medical-Legal Evaluation

  • While a Worker’s Compensation claim is pending, an employee may be asked to attend a Medical-Legal Evaluation with an Independent Medical Evaluator (e.g., Qualified Medical Evaluator or Agreed Medical Evaluator) pursuant to California Labor Code, Sections 4060, 4061, or 4062.  The employee shall be placed on ATO for any time lost from work as a result of attending a Medical-Legal Evaluation.

  • NOTE:  If an employee is currently absent from work and is receiving Worker’s Compensation temporary disability benefits or checks from the State Compensation Insurance Fund, the employee will not be placed on ATO.

• State Personnel Board Hearing

  • An employee shall be granted ATO to attend a meeting of the Department or State Personnel Board concerning a matter specifically affecting the employee’s position/classification in which the employee has requested to be heard.  Refer to the applicable BU MOU for details.

• Governor-proclaimed State of Emergency

  • ATO may be granted for up to five working days during a state of emergency pursuant to the following criteria set forth in CCR, Section 599.785.5:

  • The employee works or resides in a county where a state of emergency has been proclaimed by the Governor and the HA determines at least one of the following conditions exists:

    • The employee’s normal place of business is closed temporarily during the employee’s normal work shift due to the effects of the emergency.

    • The emergency effectively precludes the employee’s ability to find reasonable routes of transportation from the employee’s normal residence to the work place.

    • The emergency presents an immediate and grave peril to the employee’s own safety, that of an employee’s immediate family member, or the employee’s principal residence.

    • The employee is actively involved in a formal, organized effort to protect the health and safety of the general public, such as where the employee is a member of the auxiliary fire or police department, or the employee is asked by local authorities to assist with sandbagging efforts.

    • The employee needs to take time off to apply for disaster assistance from the Federal Emergency Management Agency, because the employee is unable to apply for assistance before or after the employee’s normal work shift.

  • The employee is preregistered with and providing volunteer service to a state agency carrying out its responsibilities under the Governor’s Executive Order D-25-83.

    • The employee is required to notify the HA of the employee’s affiliation with the volunteer services and establish prior arrangements regarding notification of the HA in the event the employee is asked to participate in the State disaster response.

    • The HA shall release the employee to provide volunteer service when an emergency occurs, unless there is a critical departmental operating reason that prevents such a release.

  • Paid ATO shall not exceed five working days without prior approval; CalHR shall grant approval of paid ATO in excess of five working days if it finds that one of the aforementioned criteria continues to be met.

  • NOTE:  Employees called into service as specified in GC, Section 19844.5 (refer to Section (b)(10) below), are excluded from the aforementioned standards.

• California Emergency Management Agency Service

  • Pursuant to GC, Section 19844.5, an employee called into service by California Emergency Management Agency (CalEMA)to engage in a search and rescue operation, disaster mission, or other life-saving mission conducted within the State is entitled to ATO. 

  • Only volunteers participating in the following organizations qualify:

    • California Explorer Search and Rescue Team

    • Drowning Accident Rescue Team

    • Wilderness Organization of Finders (also known as “WOOF” or Wilderness Finders Search Dog Teams)

    • California Rescue Dog Association

    • California Wing of the Civil Air Patrol

  • The employee shall be released to engage in the aforementioned activities at the Department’s discretion. However, leave shall not be unreasonably denied.

  • The period of duty shall not exceed ten calendar days per fiscal year, including the time involved in going to and returning from the duty.

  • A single mission shall not exceed three working days, unless an extension of time is granted by CalEMA and the Department.

  • If the employee receives a request to serve:

    • During normal working hours – The employee contacts the immediate supervisor regarding release.

    • Outside normal working hours – The employee contacts the immediate supervisor or designee regarding release.

    • NOTE:  An employee serving in the aforementioned capacity shall receive ATO for the time taken. However, the employee shall not receive overtime compensation while on ATO.  Furthermore, the Department is not liable for disability or death benefit payments in the event the employee is injured or killed in the course of CalEMA service.  However, the employee remains entitled to any benefits currently provided by the employee’s agency.

• Participation in State Civil Service Examinations

  • Upon notice to the employee’s immediate supervisor, employees shall be approved to participate in any State civil service examination conducted during the employee’s work hours, including employment interviews for positions within State service, in which the employee could be hired from an eligible list as part of the examination process.

  • Impacted employees in layoff status shall be granted reasonable time to attend State-sponsored job interviews, job fairs, and apply for open positions in agencies as noted in the relevant BU MOU.  Such requests shall not be unreasonably denied.

  • NOTE: The employee may be required to provide substantiation for the request.  Refer to the applicable BU MOU for details.

• Organ or Bone Marrow Donation

  • An employee who has exhausted all available sick leave shall be granted the following leave(s) with pay:

  • An absence not exceeding 30 working days in any one-year period to any employee who is an organ donor.

  • An absence not exceeding five working days in any one-year period to any employee who is a bone marrow donor.

• Blood and Blood Product Donation

  • Based on an applicable BU MOU and State policy, ATO may be approved for blood, plasma, platelets, and other blood product donations to a certified donation center.

• Court Appearances

  • Based on an applicable BU MOU and State policy, ATO may be approved for court appearances and/or subpoenas, which compel the employee’s presence as a witness, and the employee is not a party to the legal action or an expert witness.

• Precinct Board Member Service on Election Day

  • An employee appointed as a member of a precinct board who takes time off to serve as a member of that precinct board on Election Day shall receive payment of his/her regular wages or salary for that day. The time off shall be recorded as ATO for time keeping purposes.

  • Employees are entitled to retain any compensation they receive for service as a precinct board member.

  • Eligibility is subject to approval by the employee’s supervisor.

  • Any officer, deputy, or employee selected or appointed by an elected State Officer is excluded from the provisions of GC, Section 19844.7.

• Restricted Access while on Disciplinary Administrative Time Off

  • When an employee is on ATO after being served with a Notice of Adverse Action, a Rejection During Probation, or while under investigation, the HA shall restrict the employee’s access to work-related facilities and/or electronic or computer systems as necessary. 

  • During the leave period, the employee is relieved of all duties, rights, and powers arising out of CCHCS/DHCS employment.

  • While on ATO, the employee shall be available by telephone during normal business hours (8:00 a.m. to 5:00 p.m.).  The employee shall be accessible during normal business hours and must be able to report to his/her regular work location as directed.

• The employee shall request approval from the designated supervisor to attend medical appointments or utilize leave credits during ATO and shall be charged and reflect the appropriate leave credits on the CDCR 998-A, Employee’s Record of Attendance.  Upon receiving a request from an employee on ATO to use leave credits, the HCERO shall consult with the HA to obtain approval or disapproval.

• Returning From Administrative Time Off

  • Employees are required to return to work at the end of their ATO expiration/termination date.  Any employee who is absent without leave (commonly known as AWOL) after receiving notice to return to work shall be separated pursuant to GC, Section 19996.2, which provides that absences, whether voluntary or involuntary, for five consecutive working days shall constitute automatic resignation from State service.

Policy

• California Correctional Health Care Services (CCHCS) provides patients with timely access to safe, effective, and efficient medical care and integrate the delivery of medical care with mental health, dental, and disability programs.  CCHCS and the Division of Health Care Services (DHCS), California Department of Corrections and Rehabilitation (CDCR), may enter into agreements with accredited health care educational entities to provide broader clinical and educational experiences to students.

• This policy provides guidance regarding the laws, rules, and processes related to the Educational Rotation Program for CCHCS and DHCS.  This policy applies only to unpaid educational rotations.  Residencies and other situations in which compensated health care services are provided are handled via a health care services agreement that CCHCS’ Medical Services Section solicits and are not governed by this policy.

Benefits to Students

• An educational rotation provides benefits to students which include, but are not limited to:

• Providing an opportunity to fulfill clinical requirements necessary to graduate.

• Providing clinical experiences that integrate education, career development, and public service.

• Providing the opportunity to apply knowledge and skills in a professional setting while still in school.

• Enhancing the students’ resumes.

• Providing networking and job reference opportunities.

• Exposing students to health care in a correctional setting.

• Increasing self-confidence.

Benefits to Employees

• An educational rotation provides benefits to CCHCS and DHCS employees which include, but are not limited to:

• Exposing employees to new ideas, viewpoints, and energy.

• Fostering positive public relations.

• Serving as a recruitment tool.

• Providing opportunities to engage in clinical training.

• Allowing CCHCS, DHCS, and educational entities to build and strengthen relationships.

Request Process

• Educational entities contact the Educational Rotation Program Contract Liaison (CL) (i.e., program-designated analyst at headquarters [HQ]) for CCHCS and/or DHCS. If contacted by an educational entity, Workforce Development Unit (WDU) and/or the program should refer the educational entity representative to the CL.  Furthermore, when a student contacts HQ or an institution directly, the CL must work with the student’s educational entity representative (i.e., Contractor’s Designated Faculty Member [CDFM]) to formalize educational rotation participation.

• The Educational Entity Representative contacts the CL to request educational rotation participation.

• The CL:

  • Confirms the educational program’s accreditation status and other details (e.g., public, private, or for-profit college).

  • Confirms the nature of the educational experience in terms of:

    • Type of program

    • Number of student participants

    • Amount of time students will spend on-site

  • Confirms the program’s desire to participate in educational rotations for the specific course of study.

  • Confirms collective support for the program from program/institutional executives, including, but not limited to:

    • Chief Executive Officer (CEO)

    • Chief Medical Executive (CME)

    • Chief of Mental Health

    • Supervising Dentist

    • Other executives or program directors based on the type of program request being made

      • NOTE:  A HQ Mental Health Training Unit, DHCS, review must be completed prior to Mental Health programs participating in any educational rotations.

  • Ensures the program/institution has the clinical support for conducting the proposed program with:

    • Adequate space and equipment for the educational student population

    • Appropriate staff participation

    • On-site time requirements for the participants without negatively impacting program operations

  • Coordinates with nearby institutions and/or regional or statewide executives for rotations that would be appropriate for multiple institution participation.

  • Begins preparation of the scope of work (SOW) for the interagency agreement (IA) or contract.

  • Notifies WDU of the pending educational rotation details by providing a copy of the IA or contract.

Procurement/Contracting Requirements

• Although CCHCS’ educational program agreements are zero dollar ($0.00) contracts, educational rotation programs must go through the procurement/contracting process to establish an IA or a contract.  While these agreements are not contracts for services, compliance with these requirements mitigates legal risk to CCHCS and DHCS.

• An IA or contract primarily consists of an SOW and several exhibits that are attached to the SOW that define essential features or terms of the agreement including, but not limited to:

  • Business Associates Agreement (HIPAA)

  • Patient Privacy Regulations and Non Redisclosure Agreement

    • NOTE:  Health Insurance Portability and Accountability Act (HIPAA) language cannot be waived for private, for-profit, or out-of-state colleges.  In the case of California State or University of California colleges, a Non Redisclosure Agreement can be used in lieu of the HIPAA language.  The HIPAA Agreement and/or Non Redisclosure Agreement should be retained for three years.

  • Insurance requirements for schools and students

  • California Code of Regulations, Title 15, disclosures

  • Indemnification issues

Procurement/Contracting Process

• The procurement/contracting process for educational rotation programs is as follows:

• NOTE:  Edits to the related exhibits must be routed and approved by HQ and the CCHCS Office of Legal Affairs (COLA) and/or Department of General Services, depending on the contract changes (e.g., insurance requirements, indemnification issues).

• The Procurement Contract Analyst guides relevant program/institution and educational entity staff through the contracting process.

• The Host Program/Institution Educational Leadership (e.g., CEO/CME):

  • Writes a draft SOW that defines the following core features:

    • Activities

    • Requirements

    • CLs

    • Proposed on-site activity in terms of how many students may participate over what time period

  • Submits the draft SOW to the CL.

• The CL submits the draft SOW to the CDFM for review, comments, and proposed revisions.

  • NOTE:  CCHCS and/or the CDFM may revise the draft SOW until it is suitable to both parties.

• The CDFM reviews the SOW and provides comments and proposed revisions to the CL.

• The CL:

  • Submits the SOW agreed upon by CCHCS and/or the CDFM to the Procurement Contract Analyst.

  • Completes and submits a CDCR Form 886B, Contract Request Form to the Procurement Unit.

• The Procurement Contract Analyst:

  • Adds the required exhibits.

  • Prepares and forwards the complete IA or contract, including all necessary exhibits, to the CDFM for review.

• The CDFM reviews the IA or contract.

  • NOTE:  Any requested changes must be routed back to the Procurement Contract Analyst.

• The Procurement Contract Analyst:

  • Reviews the IA or contract changes requested by the CDFM, if applicable. 

  • When necessary (i.e., edits to the exhibits), forwards the requested IA or contract changes to COLA for review.

  • When the IA or contract is acceptable to all parties, completes the STD Form 213, Standard Agreement. 

  • Provides a copy of the final IA or contract to WDU.

• COLA:

  • If consulted, reviews, suggests changes, or considers proposed changes to the IA or contract.

  • Notifies the Procurement Contract Analyst of the recommendation.

• The Procurement Management/Educational Entity Officials executes the IA or contract.

• The WDU monitors the overall progress of the Educational Rotation Program.

• NOTE:  While the current contract is still in progress, requests may be initiated to extend or modify the educational rotation.  In such cases, a STD Form 213A, Standard Agreement Amendment is processed via the Program Contract Analyst.

Program Coordination

• The tactical decisions and activities related to having students on-site are as follows. 

• NOTE: The coordination efforts may occur concurrently with the procurement/contracting process (see above), or the CL and CDFM may wait until the contract is fully executed before beginning the coordination efforts

• The CDFM:

  • Determines the exact calendar schedule.

    • The schedule is especially critical for those programs where a cohort class of multiple students will be on-site for a number of days each week over an instructional period.

    • For programs where a single student/intern/resident/master’s candidate will be on site, the student typically contacts the school’s CDFM regarding a correctional educational rotation.  In such cases, the CDFM will coordinate with the CL or connect the student with the CL to make arrangements.

  • Ensures students meet the tuberculosis (TB) testing requirement no earlier than 30 days prior to the start of on-site activities.

  • Ensures the CL receives the appropriate TB documentation on all participants.

  • Provides the CL with detailed information (e.g., background check) and signed Non Redisclosure Agreement on every student who will be involved in the program, including the information necessary to conduct future LiveScan processes.

    • NOTE:  Each student is individually accepted or rejected by the CL or designee as authorized by the program Director or CEO

• The CL provides WDU with contact information on all student participants.

  • NOTE:  The information will be used to track and ultimately recruit students

• The CL/CDFM (in collaboration with each other) ensures every student is provided onboarding/orientation that introduces the student to the relevant aspects of interacting with incarcerated persons in an institutional setting prior to arrival on-site.

• The CL:

  • Ensures access details are confirmed prior to the student/faculty arrival to the institution, including, but not limited to:

    • Background check (e.g., LiveScan)

    • Signed Non Redisclosure Agreement

  • Notifies the Warden and/or other appropriate correctional personnel of the need to admit and escort students to and from the program clinical settings.

Training

• The designated program/institution staff will:

• Establish a training program that provides clear expectations for students, including the basis for evaluation.

• Allow students to participate in appropriate activities and meetings.

• Instruct the students on specific skill development tasks.

• Facilitate active learning by explaining, clarifying, and encouraging the students to ask questions at appropriate times.

• Provide experiences that offer a broad overview of the work and organization.

Selecting Educational Program Preceptors and Contacts

• Any institution that participates in an educational program must have a designated on-site Educational Program Preceptor who is responsible for providing orientation of students and faculty and who oversees the educational experience of the students.

• The designated on-site Educational Program Preceptor shall be available to students and faculty on a regular basis and shall possess expertise in the clinical area in which the student will rotate.

• Even if the student will rotate through various units to gain broad-based experience, there should be a single overall Educational Rotation Program Contact who oversees the educational rotation as a whole.

• When choosing an Educational Program Preceptor and/or Educational Rotation Program Contact, it is important to select a staff member who:

  • Is interested in working with college students.

  • Has time to invest in the educational rotation.

  • Possesses qualities such as leadership, strong communication skills, and patience.

    • NOTE:  An employee may not be required to participate in the Educational Rotation Program.

Educational Program Preceptor Responsibilities

• The Educational Program Preceptor has the following responsibilities:

• Ensure students and faculty complete the Health Care On-Site Medical Student/Resident Orientation Self Certification module prior to beginning the educational rotation, and retains the signed Self-Certification Form(s). 

  • NOTE:  The Self-Certification Form is located at the end of the module and should be retained for one year following the educational rotation period ending date.

• Oversee and assign the students’ tasks.

• Identify the different expectations between the clinical site and school to help students make a successful transition to the clinical environment.

• Establish regular one-on-one meetings to:

  • Communicate goals, objectives, and expectations

  • Review progress on assignments

  • Provide clinical guidance

  • Provide feedback, guidance, and support

  • Discuss successes, areas for improvement, and overall performance

  • Maintain open, two-way communication

• Track and submit students’ time to the CDFM, if requested.

• Submit student evaluations to the CDFM, if requested

• Ensure students return any departmental property and that electronic accesses (e.g., Electronic Unit Health Record [eUHR], Electronic Health Record System [EHRS], Mental Health Tracking System [MHTS]) are cancelled at the conclusion of the educational rotation.

• May provide students with a letter of recommendation, if requested.

Student Responsibilities

• Students have the following responsibilities:

• Adhere to departmental policies, procedures, and rules governing professional behavior.

• Report to the clinical site on time and prepared to complete the required number of hours agreed upon by the educational program.

• Notify the Educational Program Preceptor if he/she is unable to report when scheduled.

• Behave and dress appropriately for the institutional clinic environment.

• Respect the confidentiality of the institutional clinic environment, employees, and patients.

• Execute a Non Redisclosure Agreement prior to participation.

• Discuss any problem with his/her Educational Program Preceptor and, if necessary, the CDFM.

Student Rights

• Students have the same legal rights as State employees regarding protection against discrimination and harassment.  Students are not employees of the State, CCHCS, or CDCR, and do not have the same rights as State employees in other areas, including workers’ compensation, unemployment compensation, participation in the Public Employees Retirement System, civil service employee disciplinary procedures, or any other rights afforded to State employees based on civil service employment.

Student Schedule

• Schedules shall be flexible depending on the individual educational requirements and Educational Program Preceptor’s schedule and availability.

Student Evaluations

• Evaluation of performance is important to the student’s development, and should be provided throughout the entire rotation.

• Regularly scheduled evaluations help avoid:

  • Miscommunication

  • Misunderstanding of clinical responsibilities

  • Failure to achieve specific goals and objectives

Educational Rotation Completion

• An educational rotation should have a clearly stated end date that is identified before the educational rotation begins.

• At the end of the educational rotation, the Educational Program Preceptor may:

  • Provide clinical students with a letter of recommendation, if requested

  • Provide evaluations to the students’ educational program (e.g., evaluations required for academic credit), if requested

• The Educational Program Preceptor ensures clinical students return any departmental property and that electronic accesses (e.g., eUHR, EHRS, MHTS) are rescinded.

• The Educational Program Preceptor notifies WDU when the educational rotation is completed.

• WDU retains the clinical students’ contact information in order to notify students about potential job opportunities.

Recruitment of Student Graduates

• Candidates who have participated in a correctional educational rotation provide an important recruitment and retention opportunity for CCHCS and DHCS, since such candidates have already been introduced to experiences unique to the correctional health care environment.  To take advantage of the opportunity to recruit these student graduates, WDU shall:

• Maintain an up-to-date roster of all programs and students, including student contact information.

  • NOTE: The roster information shall be provided by the CL to WDU prior to any rotation.

• Survey student via e-mail approximately one to two weeks after the end of the students’ educational rotation to better understand how the students reacted to the experience (e.g., what the students liked and did not like).  Survey Educational Program Preceptors, and other clinical leaders who observed educational rotation students, via e-mail approximately one to two weeks after the end of the students’ educational rotation.

  • All surveys will be administered using available survey tools (e.g., Survey Monkey).

  • Survey results will be assessed by WDU to ensure efficacy of the program.

  • Data will be compiled and shared with the relevant CCHCS management, enabling CCHCS to improve the education programs.

• Create a talent pool within the CCHCS and DHCS, Applicant Tracking System.

• Remain in contact with students as part of CCHCS’ and DHCS’ recruitment efforts.

• Share student hiring data and feedback with stakeholders.

Policy

• California Correctional Health Care Services (CCHCS) and Division of Health Care Services (DHCS), California Department of Corrections and Rehabilitation (CDCR) shall comply with California Government Code (GC), Sections 19991.1 through 19991.13, State rules and regulations, and Bargaining Unit (BU) Memorandum of Understanding (MOU) provisions regarding leave of absences (LOA) for health care employees.

Purpose

• To provide resources and procedures to ensure consistent application of the GC, State rules and regulations, and MOUs relating to LOAs.

Eligibility

• Eligibility criteria can differ depending on the type of leave being requested, applicable GC or California Code of Regulations (CCR) Sections, State rules and regulations, and BU MOUs.  Statutes occasionally have different eligibility requirements and provide different levels of leave benefits for the same type of leave.  Human Resources (HR) may be contacted for assistance with eligibility verification information.

• For assistance with eligibility verification information, headquarters (HQ)/regional office health care employees should contact their Senior Personnel/Personnel Specialist (hereafter referred to as Personnel Specialist [PS]), and institution health care staff should contact the Regional Human Resources Field Liaison (RHRFL) at their institution.

• When determining a rank and file employee’s eligibility for any LOA, the BU’s MOU shall be followed.  If the MOUs do not provide a provision for LOA, then the GC and CCR shall apply.  If the MOU is in conflict with the GC and CCR, the provisions of the MOU shall be followed for rank and file employees.

• Excluded employees (managers, supervisors, and confidential designations) are governed by GC and California Department of Human Resources policies.  MOU provisions cannot be applied to excluded employees.

• The following criteria must be considered when determining employee eligibility:

  • Tenure (e.g., permanent, limited term, temporary).

  • Employee Designation (rank and file, managerial/supervisory, confidential).

  • BU provisions (rank and file employees).

  • Length of State service.

Ineligibility

• Pursuant to CCR, Title 2, Section 599.781 and respective MOUs, an LOA is prohibited for any employee who:

• Is accepting another position in State service.

• Is leaving State service to enter other employment, except as permitted in the GC.

• Does not intend to, nor can reasonably be expected to, return to State service on or before the expiration of the leave.

Formal Discretionary LOA

• A discretionary LOA may be granted upon the employee’s request, eligibility verification, and appropriate approval by the program Deputy Director, Regional Health Care Executive (RHCE), Chief Executive Officer (CEO), or authorized designee, hereafter referred to as Hiring Authority (HA).  Employees shall provide written substantiation to support the request for a discretionary LOA.  Requests for an LOA shall not be unreasonably denied.  A discretionary LOA may be granted by the HA for the following reasons:

  • Adoption or parental leave (up to one year).

  • To attend to personal or family matters.

  • Civilian volunteer during a military emergency.

  • Education.

  • Employee is loaned to another governmental agency (for performance of a specific assignment), non-profit organization, or a recognized college/university upon the request of CCHCS, DHCS, CDCR, or the receiving entity.

  • Medical reasons.

  • To run for public office.

  • To seek or accept other employment during a layoff situation or otherwise lessen the impact of an impending layoff.

  • Union leave.

  • Other acceptable reasons.

• Employees who have exhausted paid leave may be eligible for a discretionary unpaid LOA for a period not to exceed one year.

Formal Mandatory LOA

• A mandatory LOA shall be granted upon the employee’s request, eligibility verification, and appropriate approval by the HA for the following reasons:

  • Adoption (up to 12 weeks).

  • To attend training or education covered under Veteran’s benefits.

  • Bone marrow donor (limited to five days in any one-year period for this purpose).

  • Pregnancy, childbirth, and recovery (up to four months).

  • To care for a newborn child (up to 12 weeks).

  • Military leave.

  • Organ donor (if the donor employee has exhausted all sick leave; this leave is limited to 30 days in any one-year period for this purpose).

  • While receiving permanent disability payments and obtaining re-training services after a work related injury.

• All of the above provide a lesser amount of time off than GC, Section 19991.1 permits, and to the extent permitted by law, shall run concurrently with the discretionary one-year unpaid LOA permitted under GC, Section 19991.1.

Hiring Behind an Employee on LOA

• If a manager/supervisor requests to fill behind an employee on an LOA, the position must be filled on a limited-term basis. The Classification and Pay (C&P) Analyst/RHRFL shall work with the manager/supervisor to fill the position.

• In instances where the LOA is for a short duration (i.e., 60 days or less), the department head or designee may consider utilizing an Out-of-Class (OOC) assignment.

Employee Responsibilities

• It is the employee’s responsibility to submit a Request for Leave of Absence form to the respective manager/supervisor within a reasonable amount of time before the effective date of the LOA, when practical.

• The request must contain the following information:

  • Beginning and end dates of the LOA, not to exceed one year (any change to the length of the LOA must be approved by the program Deputy Director, RHCE, CEO, or authorized designee).

  • The specific reason for the LOA (e.g., medical or parental).

  • Pertinent documentation supporting the LOA request.

Manager/Supervisor Responsibilities

• When an employee requests an LOA, the manager/supervisor shall:

  • Verify the employee’s eligibility.

    • For HQ/Regional Office staff, contact the PS.

    • For institution staff, contact the RHRFL.

  • Provide a recommendation for approval or denial of the LOA.

  • Forward the request package through the chain of command to the program Deputy Director, RHCE, CEO, or authorized designee.

  • Notify the employee in writing when the LOA has been approved or denied.

  • Notify assigned C&P Analyst:

    • That the employee has been granted an LOA, and provide the commencement/return dates so that the program’s organizational chart may be updated.

    • If the program will be hiring behind the employee while on LOA.

• Sixty days prior to the expiration date of the LOA, the manager/supervisor shall:

  • Contact the employee to verify the return date and obtain any necessary documentation (e.g., licensing, credentials, tuberculosis test clearance, and medical release).

  • Coordinate any training needs upon the employee’s return.

PS/Regional C&P Analyst/RHRFL Responsibilities

• At HQ/Regional Offices:

  • The PS shall work with the employee, manager/supervisor, HR Transactions Manager, and/or designee, to assist in obtaining information and documents for the LOA.  The PS shall address HQ employee’s concerns, and the Regional C&P Analyst shall address Regional Office employee’s concerns.

• At Institutions:

  • The RHRFL shall act as the liaison for the employee, manager/supervisor, Institution Personnel Officer (IPO), and/or designee to assist in obtaining information and documents for the LOA.  The RHRFL shall work with the IPO and/or designee to address the employee’s concerns.

HQ and Regional C&P Analyst/RHRFL Responsibilities

• Upon an employee’s return from LOA, the HQ or Regional C&P Analyst, or RHRFL shall generate a Request for Personnel Action (RPA) to return the employee to a funded position.

Extensions

• Pursuant to GC, Section 19991.1, any extension of an LOA may be granted by the HA or designee.  Extensions beyond the original LOA may be requested by the employee using the Request for Leave of Absence form with additional substantiating documentation.

• Consistent with the aforementioned provisions, requests for LOA extensions which exceed the one year limitation may only be considered with sufficient written substantiation and must be approved as follows:

  • For HQ Employees:  By the program Deputy Director, after receiving a recommendation from the HR Transactions Manager and Disability Management Unit (DMU) if applicable.

  • For Regional Office Employees:  By the program Manager/RHCE, after receiving a recommendation from the Regional Personnel Administrator and DMU if applicable.

  • For Institution Employees:  By the CEO, after receiving a recommendation from the Regional Personnel Administrator and DMU if applicable.

    • NOTE:  In all cases, an extension must be requested 30 days prior to the expiration of the original LOA.

LOA Denial

• Per GC, Section 19991.1, discretionary LOAs are permissive and not an absolute right.  However, many MOUs state LOAs shall not be unreasonably denied.  The specific MOU that applies in any given situation shall be consulted when an employee requests an LOA.

Termination of an LOA

• Pursuant to MOUs and CCR, Title 2, Section 599.782, an LOA may be terminated:

• Upon the expiration of the approved LOA.

• By the Department, prior to the expiration date, with written notice (see applicable MOU to determine the required notification).

• By the employee, prior to the expiration date with the approval of the HA or designee.

LOA Request Process

• The procedure for processing a request for an LOA and the responsibilities of all individuals/units involved are as follows:

• Employee

  • Contact assigned PS at HQ, Regional C&P Analyst at Regional Offices, or RHRFL at institutions to review alternatives to LOA, impact to State service and pay, and continued health premium payments prior to requesting an LOA.

  • Consult with the PS at HQ, PS at Regional Offices, or RHRFL at institutions regarding any necessary attendance records and paycheck release arrangements while on an LOA.

  • Complete and submit a Request for Leave of Absence form along with any supporting documentation to respective manager/supervisor.  The request must include the beginning and ending dates of the LOA (for a period not to exceed one year).

  • If approved, consult with the PS at HQ, PS at Regional Offices, or RHRFL at institutions regarding any necessary attendance records and paycheck release arrangements while on an LOA.

  • Contact immediate manager/supervisor 30 days prior to expiration of an LOA regarding return date.

  • Contact Benefits Unit at HQ, the PS at Regional Offices, or the RHRFL at institutions 30 days prior to expiration of LOA to discuss reinstatement of benefits (if applicable).

  • If an extension is needed, contact manager/supervisor 30-days prior to the end of an LOA, and complete and submit a new Request for Leave of Absence form with supporting documentation.

• Manager/Supervisor

  • Review applicable MOU to ensure compliance with eligibility and limitations.

  • Consult with appropriate personnel representative regarding LOA eligibility questions:

    • HQ/Regional Offices:  Contact the Transactions Manager/Regional C&P Analyst.

    • Institutions:  Contact the RHRFL

  • Consult with appropriate personnel representative to discuss coverage options and/or initiate recruitment behind the employee:

    • HQ/Regional Offices: Contact the C&P Analyst/Regional C&P Analyst.

    • Institutions:  Contact the RHRFL

  • Submit for processing the LOA request:

    • HQ:  Forward the request package to the PS for personnel and payroll processing and forward a copy to the HR Transactions Manager for tracking purposes.  Forward the LOA request package, along with a recommendation to approve/deny, through the chain of command to the program Deputy Director/CEO, or designee.

    • Regional Offices:  Forward the request to the Regional C&P Analyst who will retain a copy and prepare a recommendation to approve/deny, and route through the chain of command to the program Deputy Director/RHCE, or designee for approval.

    • Institutions:  Forward the request to the RHRFL who shall retain a copy and prepare a recommendation to approve/deny, and route through the chain of command to the CEO, or designee for approval.

• Program Deputy Director/RHCE, CEO, or Designee

  • Approve/deny the recommendation and document decision on the Request for Leave of Absence form.

  • For HQ, the program Deputy Director shall consult with HR Transactions Manager or designee to assist with the decision process.

  • For Regional Offices, the program Deputy Director/RHCE shall consult with the Regional Personnel Administrator to assist with the decision process.

  • For institutions, the CEO shall consult with the Regional Personnel Administrator to assist with the decision process.

  • Once approved/denied, return request package to the employee’s manager/supervisor.

• Manager/Supervisor

  • Notify and provide the employee a copy of the Request for Leave of Absence form with the documented decision.  If approved:

    • HQ:  Forward the request package to the PS for personnel and payroll transaction processing, and notify the Benefit Services.

    • Regional Offices:  Forward the request package to the Regional C&P Analyst, who shall retain a copy and forward to the PS for personnel and payroll transaction and benefit processing.

    • Institutions:  Forward the request to the RHRFL who shall retain a copy and forward the original to the IPO or designee for processing.

  • If denied, the manager/supervisor must provide a written response to the employee and retain a copy in the employee’s supervisory file and forward a copy as follows:

    • HQ:  Forward a copy to the PS.

    • Regional Offices:  Forward a copy to the Regional C&P Analyst.

    • Institutions:  Forward a copy to the RHRFL.

• RHRFL

  • Once the RHRFL receives the final LOA approval, the RHRFL shall:

  • Forward request to the IPO or designee for processing.

  • Email the Position Control Analyst to flag the employee’s position number and indicate “LOA” (include length of time, if known) on the position master roster.

  • Forward a copy of the LOA to the Regional C&P Analyst and Regional HR Manager.

  • Notify appropriate DMU representative of the approved LOA when related to pregnancy or for medical issues.

  • Ensure all Master Position, Vacancy, and Recruitment reports are updated to reflect the approved LOA information.

• HQ C&P Analyst

  • Consult with the employee’s manager/ supervisor to ensure adequate coverage while the employee is on an LOA.  If coverage is needed, the types of coverage may be contingent upon the length of the LOA.

  • Prepare appropriate documentation [e.g., OOC, Receiver’s Freeze Exemption Request (RFER), and RPA].

  • Prior to the employee’s return, the C&P Analyst will generate the RPA to return the employee to their position number, if necessary.

• Regional C&P Analyst

  • Email the Position Control Analyst to flag the employee’s position number and indicate “LOA” (include length of time, if known) on the position master roster.

  • Forward a copy of the LOA to the PS and HR Transactions Manager for processing.

  • Notify appropriate DMU representative of the approved LOA when related to pregnancy or for medical issues.

  • Ensure all Master Position, Vacancy, and Recruitment reports are updated to reflect the approved LOA information and initiate recruitment efforts.

  • Consult with the employee’s manager/ supervisor to ensure adequate coverage while the employee is on an LOA.  If coverage is needed, the types of coverage may be contingent upon the length of the LOA.

  • Prepare appropriate documentation (e.g., OOC, RFER, and RPA) and initiate recruitment efforts.

  • Prior to the employee’s return, generate the RPA to return the employee to their position number, if necessary.

• PS

  • Review applicable MOU or other laws and regulations to ensure compliance with eligibility and limitations.

  • Complete the appropriate transaction to update employee’s employment history to reflect the LOA.

  • Email the Position Control/C&P Analyst and personnel liaisons when applicable, to inform of the employee’s effective date of LOA to update reports, documents, or data systems in accordance with local office procedures.

  • Inform the Benefit Services Analyst to notify employee of the options to continue medical/dental benefits, if necessary.

    • NOTE: In Regional offices, the PS notifies the employee of the option to continue medical/dental benefits, if necessary.

  • Create a standardized memorandum reminding manager/supervisor 60 days prior to expiration date.

  • Create a standardized memorandum reminding HQ C&P Analyst/RHRFL 30 days prior to expiration date.

  • Upon the employee’s return, process the appropriate documentation to update employment history to return the employee to active status.

• HQ Benefits Analyst/ Regional Office PS/Institution PS

  • Provide employee on unpaid LOA with Direct Payment Authorization (PERS-HBD-21) form for health care premium information.

  • Provide Family Medical Leave Act (FMLA)/California Family Rights Act health care coverage information when leave is related to FMLA qualifying events.

• Selection Services Analyst

  • Employees returning from Military Leave are afforded certain rights to retain placement on employment eligibility lists.

  • The Selection Services Analyst is responsible for providing those services detailed in the Military Leave Handbook.

Policy

• California Correctional Health Care Services (CCHCS) shall comply with California Department of Human Resources’ (CalHR) requirements for preparing duty statements and organizational charts as applicable.

Purpose

• To provide the duty statement and organizational chart requirements within CCHCS, inform CCHCS staff of CalHR’s requirements, and ensure compliance with Government Code Sections 12926–12926.1 and 12940.

Applicability

• This policy sets forth the requirements for Human Resources (HR) offices located at headquarters (HQ) and regions (for regional offices and institutions) to develop duty statements and organizational charts as required in retaining delegated authority for position allocation.  CalHR requires all departments to submit a complete set of organizational charts annually and prior to any major reorganization pursuant to Personnel Management Liaison Memorandum 2007-026. In compliance with the current Delegation Agreement with CalHR, HR shall submit a complete set of organizational charts for CCHCS by January 1 of each calendar year.

Procedure

• Duty Statement

  • HR and the program shall coordinate the development and modification of duty statements.  A duty statement is a written description of the job responsibilities assigned to a specific position.  Job responsibilities are based on the approved State Personnel Board classification specifications and allocation guidelines (if guidelines exist for the classification).  The duty statement shall include the following:

    • A complete and detailed information header (e.g., program name, position number, unit, classification, working title, and assigned location).

    • A standardized statement summarizing CCHCS’ commitment to building and maintaining a culturally diverse workplace and working as a team.

    • A primary domain (Information Technology classifications only).

    • A general statement describing the program/division and/or position overview.

    • A detailed account of essential functions required to perform in the position. 

    • The knowledge, skills, and abilities; desirable qualifications, special requirements, or continuing education requirements, etc. found in the classification specification, if applicable.

    • A detailed description of the work conditions and environment.

    • A location for the employee’s and supervisor’s signature and date on the duty statement.

  • Every employee shall review and sign a duty statement prior to or upon hire.  Managers/supervisors shall review the duty statement with each employee, obtain the employee’s signature, and sign the duty statement to verify that the duties have been discussed with the employee. 

  • The original signed duty statement shall be placed in the employee’s Official Personnel File (OPF) and a copy placed in the employee’s supervisory file for reference as needed for periodic review with the employee.  The employee may also retain a copy. 

  • Duty statements shall be reviewed and/or updated any time a vacancy occurs or as duties change, whether resulting from a reclassification or organizational restructuring.  Any revisions to a duty statement shall require HR’s review and approval. Upon approval, the employee and the manager/supervisor shall sign the revised duty statement, submit a signed copy (wet or electronic) to HR for placement in the employee’s OPF, and retain a copy in the supervisory file.

• Standardized Duty Statements

  • In collaboration with HQ programs, HQ Classification and Pay (C&P), regional management, and institution Subject Matter Experts (SME), HR develops standardized duty statements for selected classifications. Standardized duty statements are duty statements written for positions within the same classification that are assigned the same function and general duties regardless of the location of the assignment.

  • Standardized duty statements shall be used for selected classifications. 

  • The standardized duty statements replace all existing duty statements in the selected classifications.  Standardized duty statements shall be used for processing appointments in these classifications. 

  • Any proposed change to a standardized duty statement, establishment of new assignments within the selected classifications, or development of standardized duty statement for a newly selected classification shall be approved by the Deputy Director (DD), HR, CCHCS, following HR’s established process for requesting personnel actions.

  • In the event a new program is established that authorizes positions with standardized duty statements, a review shall be conducted by the appropriate HR office to determine if standardized duty statements shall be developed and a recommendation provided to the DD, HR, for consideration.  In all instances (i.e., proposed change, new assignment within the classification, or new program), revision or development of duty statements shall be coordinated by the appropriate HR office in collaboration with the appropriate HQ program, HQ C&P, regional management, and SME(s).

• Human Resources Responsibilities

  • The DD, HR, CCHCS has overall responsibility for the implementation and oversight of this policy. HQ and Regional C&P Analysts and Field Liaisons shall be responsible for:

  • Disseminating approved duty statements to the appropriate program, regional office, or institution.

  • Coordinating distribution of duty statements to the appropriate manager/supervisor.

  • Collecting duty statements signed by both employee and manager/supervisor.

  • Ensuring a signed copy is forwarded to the HQ HR, Regional HR, and Institution Personnel Office for filing in the OPF.

  • Tracking the receipt of signed duty statements for all affected employees.

• Organizational Charts

  • Each unit, program, section, and branch within CCHCS shall have an official, current organizational chart.  The purpose of an organizational chart is to reflect the management structure and reporting relationships of subordinate staff.

  • Organizational structures shall be developed in accordance with classification specifications and allocation guidelines. 

  • Organizational charts shall serve as a point-in-time reflection of vacancies, temporary positions, approved exceptional allocations, Training and Development assignments, Out-of-Class assignments, and pending hires; organizational charts shall be updated for each request for personnel action that is processed.

  • HQ C&P and Regional HR offices maintain the official organizational charts.  Programs may maintain their own working charts; however, any formal changes to the organizational structure shall first be approved by the DD, HR, CCHCS.

  • On an annual basis, the Receiver and Undersecretary, Health Care Services, and each Director, DD, Assistant DD, Regional Health Care Executive, and Chief Executive Officer shall review their organizational chart and certify the accuracy of their organizational structure by signing the organizational chart.  This process shall be coordinated by HQ HR and conducted in October each calendar year.

Policy

• California Correctional Health Care Services (CCHCS) shall ensure that the public, including those who are non-English speaking or limited-English proficient, is provided equal access to the available services and information of CCHCS pursuant to the provisions of the Dymally-Alatorre Bilingual Services Act (DABSA).

Purpose

• To maintain a process that CCHCS shall follow to comply with the DABSA to ensure equal access to available services and information.

Responsibility

• All CCHCS employees are responsible for ensuring that the public is treated with dignity and respect, identifying the language needs, and utilizing available bilingual resources to assist non-English speaking/limited-English proficient members of the public, when needed.

Procedure

• Bilingual Language Survey

  • CCHCS is mandated to conduct a biennial Bilingual Language Survey and report their results to the California Department of Human Resources (CalHR) by October 1 of every even-numbered year. CCHCS Disability Management and Support Services (DMSS), shall conduct the mandatory biennial Bilingual Language Survey at a specified physical address and geographic location for testing every even-numbered year during any ten days identified by CDCR.

  • The CCHCS Bilingual Testing Coordinator (BTC) shall assume the duties of the Language Survey Coordinator and coordinate the Language Survey process.

  • The Assistant Deputy Directors, Regional Personnel Administrator, or designee shall assign the staff to perform the duties of the Language Survey Liaison and coordinate the Language Survey process within their respective institutions/programs.

  • The Language Survey Coordinator shall:

    • Obtain current survey instructions through CalHR.

    • Coordinate with the CalHR Bilingual Services Program to ensure the survey is conducted in accordance with the instructions issued.

    • Coordinate the biennial Bilingual Language Survey.

    • Conduct training for the Language Survey Liaisons.

    • Conduct monitoring and respond to questions regarding the Language Survey process.

    • Receive all completed survey information, review for accuracy, make corrections, and compile summary data for all units/institutions.

    • Submit the results of the Bilingual Language Survey to CalHR by October 1 of every even-numbered year.

  • The purpose of the Bilingual Language Survey is to determine:

    • The number of:

      • Public contact employees at each location.

      • Certified bilingual employees in direct public contact at each location and the languages they speak, other than English.

      • Additional qualified bilingual public contact employees needed to reach compliance as determined by CalHR.

      • Anticipated vacancies in direct public contact positions.

    • The number and percentage of non-English speaking members of the public served by each location, by native language.

    • The use of alternative options for interpretation services.

    • All required translated materials that have been translated and the language into which they were translated.

    • A list of all translated materials that are required to be accessible to non-English speaking/limited-English proficient members of the public.

• Implementation Plan

  • The Implementation Plan is the plan of action of a state agency regarding their bilingual programs, and the progress made in correcting any deficiencies found in the language survey.

  • By October 1 of every odd calendar numbered year, the BTC shall submit a bilingual language implementation plan to CalHR.

  • The implementation plan shall:

    • Gather information related to the services provided to non-English speaking/limited-English proficient members of the public.

    • Address deficiencies in bilingual staffing and/or translated written materials identified in the language survey.

• Performance and Service Standards

  • CCHCS shall achieve effective communication with non-English speaking/limited-English proficient members of the public by providing bilingual interpreters, translated written materials, and bilingual services.

  • Bilingual Interpreters

    • For each non-English speaking group that represents a minimum of five percent of the public served by a CCHCS office, that office shall employ an appropriate number of certified bilingual employees or arrange for suitable alternatives as permitted by the DABSA.

    • To be certified bilingual, a state employee must have passed an oral or written fluency examination in a non-English language and been certified in that language for the purpose of verbal or written communication.

  • Translated Written Materials

    • The CDCR Office of Personnel Services, Quality Management, shall maintain a list of materials that have been translated, and the languages into which they have been translated, and shall distribute all translated materials to offices statewide so that they are available to the public upon request.

    • Where appropriate, each CCHCS office shall make available translated materials that:

      • Solicit or require the furnishing of information from an individual.

      • Provide the individual with information.

      • Describe information that may affect the individual’s rights, duties, or privileges.

  • Bilingual Services

    • The CCHCS contracts with telephonic or other interpreter services to ensure it has qualified bilingual interpreters for languages which it does not employ certified bilingual staff.

    • All interpreters utilized by CCHCS shall be qualified and certified to perform the services requested for the language(s) in which they are proficient.

    • The BTC shall maintain instructions for utilizing the Language People Interpreting and Translating Service (telephone interpreter) to provide effective telephonic communication between staff and non-English speaking/limited-English proficient members of the public when a CCHCS bilingual interpreter is not available to provide effective face-to-face communication in their native language.

  • Public Contact Employees shall:

    • Participate in the biennial Bilingual Language Survey and be informed on how to conduct a meaningful language survey.

    • Provide effective telephone and face-to-face communication between staff and non-English speaking/limited-English proficient members of the public.

    • Receive access to guidelines for providing services to non-English speaking/limited-English proficient members of the public.

    • Identify non-English speaking/limited-English proficient people as early as possible during the initial contact.

    • Contact a qualified interpreter as soon as possible to ensure that no significant delay in service takes place.

    • Ensure that translated documents, translation guides and ads are available at all offices that serve non-English speaking/Limited-English proficient members of the public. Where translated documents are not available, a qualified interpreter shall be provided to explain the information in question.

• Questions or Assistance

  • CCHCS employees who require assistance with non-English speaking/limited-English proficient members of the public can seek the assistance from any CCHCS certified bilingual employee.  Additionally, public contacts or telephone calls with non-English speaking/limited-English proficient members of the public can be handled through telephonic language interpreters.

• Complaints

  • Complaints about interpreter/translation services are to be filed by utilizing the Language Access Complaint Form.

  • The completed form may be submitted to CCHCS_EEO@cdcr.ca.gov.

Policy

• California Correctional Health Care Services (CCHCS) and Division of Health Care Services, California Department of Corrections and Rehabilitation (CDCR) shall provide permanent and limited-term employees who are voluntarily separating from CCHCS/CDCR (e.g., transfer to another state agency, resignation, retirement) or laterally transferring to a different CDCR facility or CCHCS program, the opportunity to participate in the CCHCS Exit Survey and Exit Interview (ESEI) process. 

• The ESEI process is voluntary. Employees are not required to participate in any aspect of the process, but are encouraged to do so. Employees may choose to only complete the online Exit Survey or only participate in an Exit Interview.  Participation in one aspect of the process does not mandate participation in the other.

Overview

• Employee turnover can be one of the greatest financial costs to an organization in addition to the operational costs, as remaining staff are impacted with increased workload and the potential loss of valuable knowledge. The benefits of determining the cause(s) of employee turnover and increasing employee retention are evident on both a strategic and practical level.

• The ESEI shall provide CCHCS information on those factors that most commonly predict attrition and retention (i.e., the work environment, organizational culture, applicability of processes and systems, and quality of management). The ESEI process is generally seen by existing employees as a sign of a positive organizational culture. The process is designed to discover the causes behind employees’ separating or transferring, share the information with executive leadership and ultimately result in improvement to the organization.

• The ESEI process shall provide the separating or transferring employee an opportunity to:

  • Provide feedback;

  • Leave the organization, CDCR facility or CCHCS program feeling valued; and

  • Potentially create a path for return in the future.

• The ESEI process offers both a quantitative process, one of data points and anonymity and a qualitative process, one of communication and engagement. Together, they are designed to target the way individuals choose to convey information. The ESEI process is designed to create a multi-targeted assessment of the underlying causes of employee turnover. As such, all employees who engage in the Exit Interview are encouraged to complete the online Exit Survey so that all necessary data points can be captured.

Purpose

• The data from the ESEI process, combined with other human resources metrics (e.g., vacancy rates, length of vacancies, employee movement within CCHCS), will provide executive leadership with an understanding of employment trends and employee needs so that CCHCS can create mechanisms to improve recruitment and retention strategies aimed at addressing employee issues.

Procedure

• In order to ensure all employees are given the opportunity to participate in the ESEI process, upon notification of an employee voluntarily separating or laterally transferring, the employee’s manager/supervisor, designee, or assigned Personnel Liaison shall initiate the ESEI process no later than two weeks before the employee’s last day of physical work.

• The employee’s manager/supervisor shall access the CCHCS Service Portal via the Lifeline intranet page, then click on the Employee Separation tab under Human Resources to report the details of the employee separation or transfer to initiate the ESEI process. The CCHCS Service Portal shall auto-generate an email notification of the employee’s separation to the Workforce Development and Talent Management (WD&TM) Section via the ESEI inbox at CCHCSExitSurvey@cdcr.ca.gov.

• Exit/Transfer Survey

  • The WD&TM Section shall send an email to the separating or transferring employee upon receipt of the CCHCS Service Portal notification. The email shall contain a link to either an Exit Survey or a Transfer Survey, depending on the separation type and an option for the employee to express their interest in participating in an Exit Interview by responding to the email.

  • Employees shall have access to the electronic Exit or Transfer Survey during their last two weeks at work.

  • Employees shall be allowed sufficient state time and use of a state computer to complete the survey prior to their last day of work.

• Exit Interview

  • Difficult to Recruit Classifications

    • Upon receipt of a separation notification for those classifications deemed difficult to recruit, the assigned WD&TM Section Manager shall automatically schedule an Exit Interview, although participation remains voluntary.

    • Difficult to recruit classifications include:

      • Nurse Practitioner

      • Physician Assistant

      • Physician and Surgeon

      • Staff Psychiatrist

      • Psychiatric Nurse Practitioner

  • Employee Requested

    • The Exit Interview shall be conducted by the assigned WD&TM Section analyst/manager during the last week of employment and should take approximately 30 minutes to conduct. The employee’s direct supervisor shall not attend.

    • The Exit Interview shall be scheduled at a mutually convenient time for the separating or transferring employee and the WD&TM Section analyst/manager.

    • If an employee declines an Exit Interview but communicates verbally or in writing the reasons for the decision to separate or transfer directly to their supervisor/manager, the supervisor/manager shall document this information in an email and send to CCHCSExitSurvey@cdcr.ca.gov. If the information was relayed in a written format, the written document from the separating or transferring employee shall also be sent directly to CCHCSExitSurvey@cdcr.ca.gov.

• Reporting

  • The WD&TM Section provides a quarterly Exit Survey Interview report for Human Resources leadership and executives to review outcomes and reported trends. Any potential legal issues or concerns identified shall be addressed via a separate formal reporting method, which includes the sharing of high-level results of the ESEI process with Directors/Deputy Directors when a concern has been identified. Reported concerns will not be associated with individual survey data, and all anonymity shall be protected.

Policy

• Appointments and promotions shall be made on the basis of merit and fitness within state civil service.  California Correctional Health Care Services (CCHCS) shall comply with California laws and rules governing civil service appointments.  All Merit Issue Complaints filed with CCHCS shall be immediately reviewed, investigated, and resolved at the lowest possible level.

Purpose

• To describe the process for filing and responding to Merit Issue Complaints within CCHCS.

Procedure

• Types of Merit Issue Complaints

  • Merit Issue Complaints may be filed for reasons including, but not limited to, the following:

  • Interference with promotional opportunities.

  • Disputes regarding the effective dates of appointments or promotions.

  • Applicability of alternate salary ranges.

  • Denial of Merit Salary Adjustments

  • Interference with a person’s access to any State Personnel Board appeals process

  • The designation of managerial positions pursuant to California Government Code Chapter 10.3. State Employer-Employee Relations, Section 3513.

  • An employee who believes they have been discriminated against within the state civil service because of political affiliation or opinion.

• Filing a Merit Issue Complaint

  • CCHCS employees shall file their Merit Issue Complaint in writing with the respective personnel office (either regional or within headquarters [HQ], Human Resources [HR]) within three years of the alleged violation of State Personnel Board’s (SPB) regulation or policy in the hiring and selection process.  The personnel office shall be contacted regarding the time for filing a Merit Issue Complaint and the department’s levels of review.  No particular form is required; however, the SPB Appeals/Complaint Form may be used.

  • The employee filing the complaint shall provide enough factual information, detail and any substantiating documentation for CCHCS to ascertain the nature of the complaint.

  • All Merit Issue Complaints shall be submitted to the attention of the Deputy Director (DD), HR.

• Responding to a Merit Issue Complaint

  • CCHCS HR shall respond within 90 calendar days of the date of receipt of the Merit Issue Complaint. The personnel office shall inform employees or applicants, by certified or regular mail and by email (with read receipt), at the time the complaint is received, of their right to challenge the department’s denial of the complaint or failure to respond by filing a complaint with the SPB Appeals Division and the timeframe for filing. The following outlines the procedures for responding to a Merit Issue Complaint:

  • HR shall inform the employees or applicants at the time the complaint is received.

  • HR shall obtain and review all relevant documents (e.g., job advertisements; screening criteria forms; state applications; information regarding members of the interview panel; interview questions, notes, and scores; hiring documents) and contact the relevant program for additional information if needed.

  • Based on their review of all relevant documents, HR shall draft a proposed response to the complaint. 

  • The DD, HR, or designee shall review and forward the signed response to the complainant by certified or regular mail and email (with read receipt).

• Appealing a Merit Issue Complaint

  • An employee may appeal to the SPB Appeals Division within 30 calendar days after:

    • CCHCS’ written response denying the complaint.

    • CCHCS’ failure to respond to the employee’s written complaint within 90 calendar days.

  • Additional information regarding filing an appeal with the SPB’s Appeals Division may be accessed at: http://www.spb.ca.gov/appeals/appeals_procedures.aspx.

Policy

• California Correctional Health Care Services (CCHCS) and Division of Health Care Services, California Department of Corrections and Rehabilitation (CDCR) shall uniformly and consistently apply the Institutional Worker Supervision Pay (IWSP) Differential program, as set forth in the CalHR Pay Differential 67 Institutional Worker Supervision Pay (IWSP) Differential.  Institutional worker supervision shall include “active supervision of the conduct and work” including, but not limited to, on-the-job training and work performance evaluations of at least two incarcerated workers who substantially replace civil service employees for a total of 173 or 120 hours per pay period.

Eligibility Criteria

• Designated rank and file employees in the Bargaining Units (BU) listed below and the excluded classifications aligned with those BUs are eligible to receive the IWSP Differential if they meet any of the following criteria:

• Bargaining Unit Criteria

  • BU R01, R19, S01, and S19 only:  Employees must have regular, direct responsibility for work supervision, on-the-job training, and work performance evaluation of at least two incarcerated workers who substantially replace civil service employees for a total of at least 173 hours per pay period.

  • BU R04, R15, S04, S15, and S17 only:  Effective April 1, 2017, employees must have regular, direct responsibility for work supervision, on-the-job training, and work performance evaluation of at least two incarcerated workers who substantially replace civil service employees for a total of at least 120 hours per pay period.

    • The pay differential shall only be included in overtime calculations for Fair Labor Standards Act eligible classes.

    • The pay differential shall not be included to calculate Nonindustrial Disability Insurance or lump-sum vacation, sick leave, and excess hours due to fluctuating work schedules.

  • This pay differential may also apply to employees having direct supervisory responsibility over incumbents who meet the conditions stated in Sections (b)(1)(A) and (B) above.

  • Employees in all BUs listed above shall have a valid and approved STD. 610, Health Questionnaire (With Physician’s Report), on file in accordance with the Personnel Management Policy Procedures Manual, Section 375 (Medical Clearance).

• Movement to Another Classification

  • Upon movement to another classification in State service, whether through promotion or transfer, employees receiving IWSP shall move from their IWSP combined salary rate (base salary plus IWSP) to compute the appointment rate.

Institutional Worker Supervision Procedures

• Initial Institutional Worker Supervision Pay Request

  • The initial IWSP Differential request and supporting documentation must be submitted to the appropriate Regional Human Resources Field Liaison (RHRFL) by the supervisor of the employee requesting IWSP Differential.  The request consists of the following documents and is maintained in the employee’s Official Personnel File (OPF) under the pay history section:

  • Approved STD. 610 (placed in a sealed envelope at the back of the OPF).

  • Employee Duty Statement reflecting direct incarcerated worker supervision.

  • Employee organizational chart reflecting the incarcerated worker supervision.

  • CCHCS Supervisor’s Certification of Eligibility for Pay Differential form

  • Inmate Job Description.

• Roles and Responsibilities

  • Once an employee has met all criteria and the Regional Human Resources (HR) Manager has approved the IWSP Differential, the following obligations apply: 

  • Each employee participating in the IWSP Differential program shall:

    • Be aware of IWSP Differential program requirements.

    • Maintain current and updated Inmate Job Descriptions.

    • Provide incarcerated workers on-the-job training.

    • Notify the appropriate custody staff when an incarcerated worker does not appear for work.

    • Review and sign incarcerated worker timesheets.

    • Ensure that all required monthly documentation is completed.

    • Notify his/her supervisor/Institutional Personnel Office when no longer eligible for IWSP Differential (Refer to Section (b) Eligibility Criteria).

    • Maintain incarcerated worker work performance evaluations.

    • Retain copies of all documentation pursuant to CDCR Department Operations Manual (DOM), Section 13030.32, Retention and Destruction of Personnel Information.

  • Each manager/supervisor shall:

    • Become familiar with IWSP Differential program requirements.

    • Review the Inmate Job Description to ensure it includes duties and responsibilities which substantially replace the duties and responsibilities of a civil service employee.

    • Review the CDCR 998-A, Employee’s Record of Attendance.

    • Review the CDCR 1697, Inmate Work Supervisor’s Time Log, to ensure the employee meets the criteria.

    • Complete a Monthly IWSP Certification form for employees each pay period.  The Monthly IWSP Certification form is available at the Institutional Personnel Office.

    • Submit the completed Monthly IWSP Certification form with the employee’s CDCR 998-A and CDCR 1697 to the Institutional Personnel Office by the third work day of the following pay period.

    • Immediately notify the RHRFL and Institutional Personnel Officer (IPO) using the Monthly IWSP Certification form when the employee is no longer eligible for IWSP Differential.

  • BU 15 Food Administrators shall certify that Food Service Operations staff meet IWSP Differential criteria by using the Monthly IWSP Certification form and attaching an STD. 671, Miscellaneous Payroll/Leave Actions form listing all eligible employees.

  • It is the responsibility of the IPO or designee to:

    • Review the employee’s CDCR 998-A, Monthly IWSP Certification form, and CDCR 1697(s) to confirm eligibility requirements have been met.  Upon verification, sign the Monthly IWSP Certification form.

    • Notify the employee in writing by the fifth work day of each month if he/she is no longer eligible to receive IWSP Differential.

    • Notify the employee when an IWSP Differential overpayment has occurred and shall be collected in accordance with the appropriate BU Memorandum of Understanding and California Government Code, Section 19838.

  • The RHRFL shall:

    • Verify the employee has met initial eligibility requirements to receive IWSP Differential. 

    • Provide the IWSP Differential pay request documentation approved by the Regional HR Manager to the Institutional Personnel Office.

    • Retain copies of the request and all supporting documentation pursuant to CDCR DOM, Section 13030.32, Retention and Destruction of Personnel Information.

Institutional Worker Supervision Pay Audits

• Quarterly Regional Audits

  • The Regional Human Resources Office (RHRO) shall:

    • Conduct quarterly internal IWSP program audits.

    • Document findings of non-compliance and coordinate with Institutional Personnel Office staff to ensure any IWSP salary overpayments identified as part of the audit are established and collected.

    • Maintain a Quarterly IWSP Audit Log in the RHRO for a period of three years.

• Annual Audits

  • CDCR HR may conduct an annual audit of the IWSP Program.

• Audit Results

  • CCHCS RHRO shall:

  • Request the audit results from the RHRFL for health care employees to track and confirm compliance with policy.

  • Work with Institutional Personnel Office staff to ensure any IWSP salary overpayments identified as part of the audit are established and collected.

  • Document findings of non-compliance and conduct on-the-job-training for staff on identified errors.

Policy

• California Correctional Health Care Services (CCHCS) adheres to the rules and regulations adopted by the California State Personnel Board (SPB) and the California Department of Human Resources in the application and administration of special pay differentials (Pay Diff) and/or alternate range criteria (ARC).  Employees in designated health care classifications may be entitled to receive a special Pay Diff and/or a higher ARC placement for possessing a valid certification as described in their respective SPB Classification Specification, Pay Diff, or ARC.

• Employees who do not maintain their certification are no longer entitled to receive the Pay Diff and/or ARC placement and shall be moved into the pay range which corresponds to their current certification status.

Purpose

• To identify the actions required when an employee fails to maintain their certification, including the processes for either:

• Removing a Pay Diff.

• Adjusting ARC placement.

• NOTE:This policy does not address expiration of any license/certification that is required as a condition of employment.  Refer to Administrative Policy 2.11, Expired License, Certification, or Registration Policy and Procedure for additional information.

Responsibility

• The headquarters (HQ) Human Resources (HR) Classification and Pay (C&P) Non-Punitive Termination Analyst (NPTA) and Regional NPTA shall:

  • Monitor employee certification status and expiration dates, in coordination with the Credentials Verification Unit (CVU), which shall provide a monthly Certification Status Report to HQ HR Executives, Regional Personnel Administrators (RPA), and identified HQ/Regional personnel managers.

  • Coordinate removal of any Pay Diff or movement to a lower ARC placement with the applicable HQ/Regional Transactions Unit or Institution Personnel Office.

• The NPTA’s Staff Services Manager I shall conduct monthly certification audits, and the RPA/Associate Director (AD), C&P/Transactions and Benefit Services (TBS), HQ HR or designee, shall conduct quarterly certification audits to ensure compliance with the expired certification process.

• Employees shall provide their manager/supervisor, the CVU, and the appropriate C&P NPTA or Regional NPTA/Regional HR Field Liaison, with any correspondence from the respective certification authority that changes the status of their certification (e.g., denials, expirations, restrictions, revocations, or suspensions).

Procedure

• Pay Differential Removal/Movement To Lower Alternate Range Criteria Placement Package

  • If an employee’s certification, for which they were receiving a Pay Diff or higher ARC placement, lapses for any reason, the NPTA shall prepare the appropriate Pay Diff removal package or movement to a lower ARC placement which shall contain the following documents:

  • Lapsed Certification Transmittal

  • Lapsed Certification Notice

  • Copy of employee’s most recent certification information

  • Personnel Information Management System history (with Social Security number redacted)

• Lapsed Certification Notice To Recipients

  • The NPTA shall obtain the appropriate Chief Executive Officer (CEO)/AD, C&P/TBS, HQ HR’s signature and disseminate the Lapsed Certification Notice as follows:

  • Original to employee

  • Copies to:

    • CVU

    • Employee’s Official Personnel File

    • Employee’s manager/supervisor

    • Personnel Specialist (PS) via the HR Transactions Manager/Institutional Personnel Officer (IPO)

• Pay Differential Removal And/Or Movement To A Lower Alternate Range Criteria Placement Package Recipients

  • The NPTA shall disseminate the Pay Diff removal package and/or movement to lower ARC placement package as follows:

  • CEO (institutions only)

  • RPA (institutions/regions only)

  • AD, C&P/TBS, HQ HR

  • PS via the HR Transactions Manager/IPO

• Renewing Eligibility For Special Pay Differential And/Or Movement To Higher Alternate Range Criteria Placement

  • If an employee has provided acceptable proof of renewal of their certification, or if CCHCS has otherwise independently verified that the certification has been renewed, the NPTA shall:

    • Notify CVU staff via email to CredentialsVerificationUnit@cdcr.ca.gov of the renewal of certification.

    • Notify the employee’s manager/supervisor of the renewal of certification.

    • Forward a copy of the proof of renewal to the PS/HR Transactions Manager/IPO with direction to process the transaction to add the Pay Diff and/or movement to higher ARC placement. 

    • Update the Licensing/Certification Tracking Log to reflect the renewal of certification and new expiration date.

    • Review the employee’s employment history to confirm the renewal of certification information, Pay Diff and/or movement to the higher ARC placement is updated.

  • If the employee’s employment history is not updated within 30 calendar days from the date the proof of renewal of certification was provided to the PS/HR Transactions Manager/IPO, the NPTA shall elevate the item to the HR Transactions Manager/RPA/IPO for follow-up.

Policy

• Employees in classifications that require licenses, specified certifications, or registrations as a condition of employment are required to maintain a current and active license, certification, or registration for continued employment. An employee who does not maintain the required license, certification, or registration as described in the applicable State Personnel Board Specification shall be subject to Non-Punitive Termination for failure to meet conditions of employment in accordance with California Government Code (GC) Section 19585. Such employees shall not be placed on an unpaid leave of absence, demoted, transferred, redirected to a non-patient care assignment, or be required to use leave credits. 

• NOTE: Not all certifications expire. Only certifications with an expiration date are required to be current and active.

Purpose

• The purpose of this policy is to outline the processes that shall be followed when an employee’s license, certification, or registration is due to expire, or when the employee fails to renew a required license, certification, or registration including, but not limited to:

• Tracking license, certification, or registration expiration dates.

• Sending courtesy reminders to affected employees.

• Serving a Non-Punitive Termination.

• Withdrawing a Non-Punitive Termination (if necessary).

Responsibility

• Headquarters/Regional Human Resources

  • The headquarters and Regional Non-Punitive Termination Analysts are responsible for the following processes:

    • Tracking/monitoring employee license, certification, or registration expiration dates in coordination with the Credentials Verification Unit (CVU).

    • Ensuring employee licenses, certifications, or registrations are current and active.

    • Monitoring changes in an employee’s license, certification, or registration status affecting their ability to provide patient care.

    • Sending courtesy reminders to affected employees.

    • Serving Non-Punitive Termination notices.

    • Withdrawing a Non-Punitive Termination (if necessary).

    • Monitoring employee certification status and expiration dates, and conducting monthly audits with the assistance of Management Information Retrieval System reports which Position Control provides to Human Resources (HR) personnel staff and managers monthly.

  • The Staff Services Manager I who manages the Non-Punitive Termination Analyst (NPTA) is responsible for reviewing the monthly audits conducted by the NPTA.

  • Regional Personnel Administrators and the Associate Director, Classification and Pay/Transactions and Benefit Services, or designees, are responsible for conducting quarterly audits to ensure compliance with the expired license, certification, or registration and the certification process.

• Licensed/Certificated Employees

  • Licensed/certificated employees affected by this policy are responsible for providing proof of current and active license/certification at time of appointment and, thereafter, timely license/certification renewal.

    • NOTE: Failure of CCHCS HR staff to provide a license/certification expiration courtesy reminder to an employee does not relieve the employee of the obligation to maintain a current and active California license/certification.

  • All licensed/certificated employees are responsible for notifying the Hiring Authority and CVU, if applicable, of any license/certification status change (e.g., denial, expiration, revocation, suspension, probationary status, restrictions).

    • NOTE:  Employees whose license/certification expired while on long-term sick leave receive a Return from Leave License Expiration Notice, indicating they are required to renew their license/certification before returning to work.  If an employee is on approved leave, CCHCS Office of Legal Affairs shall be consulted about whether it is appropriate to serve a Non-Punitive Termination.

Permissive Reinstatement After Non-punitive Termination

• An employee who is non-punitively terminated is eligible for permissive reinstatement pursuant to GC, Section 19140, if the employee obtains the required license, certification, or registration for employment. Reinstatement is subject to Re-employment and State Restriction of Appointments laws, rules, and policies.

Policy

• California Correctional Health Care Services (CCHCS) and Division of Health Care Services (DHCS), California Department of Corrections and Rehabilitation (CDCR) shall comply with Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), Fair Employment and Housing Act (FEHA), Code of Federal Regulations, California Government Code (GC) Section, California Code of Regulations, Bargaining Unit (BU) Memoranda of Understanding (MOU) provisions, and state policy regarding leave of absence (LOA).  State employees are eligible for various types of LOA pursuant to GC, respective MOU (if subject to collective bargaining), and federal and state laws.  This policy supplements the Health Care Department Operations Manual, Section 5.2.6, Leave of Absence, and provides more detailed information regarding job protections and benefits afforded by the FMLA, CFRA, and Pregnancy Disability Leave (PDL) pursuant to the FEHA.

Purpose

• To ensure consistent application of laws, regulations, and BU MOUs relating to FMLA, CFRA, PFL, and PDL.

Procedure

• The coordination of leave entitlements afforded to a state employee can be very complex; therefore, employees are advised to contact their Human Resources office for assistance.

• FMLA, CFRA, PFL, and PDL Eligibility Criteria

  • To be eligible for FMLA and CFRA job protection and benefits, a state employee shall:

    • Have worked for the state for at least 12 months.

      • NOTE: The 12 months of employment do not have to be consecutive.

    • Have physically worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

      • NOTE:  Overtime, Military Leave, Administrative Time Off (ATO), and hours restored pursuant to GC, Section 19584, any administrative order, and a settlement agreement in any court or administrative forum are considered time worked for FMLA and CFRA qualification purposes.  Time off utilizing leave credits (e.g., vacation, sick leave, furlough) are not considered time worked for FMLA and CFRA qualification purposes.

  • To be eligible for PFL, a state employee shall:

    • Be covered by SDI.

    • Have earned at least $300 in the past 5 to 18 months.

    • Submit PFL claim within 41 days from the date the family leave begins.

      • NOTE: Do not file before the first day of leave.

    • Only claim 8 weeks of benefits per 12-month period.

  • All employees who are disabled due to pregnancy and childbirth are entitled to PDL. Unlike FMLA and CFRA, there is no 1,250 minimum hours worked or length of employment eligibility requirement for PDL.

• FMLA,CFRA, and PDL Entitlement

  • An FMLA and CFRA leave eligible employee may take up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons:

    • The birth and care of a newborn child of the employee within one year of birth.

    • The placement of a child for adoption or foster care with the employee and to care for the newly placed child within one year of placement.

    • Care for a family member (spouse, child, parent, registered domestic partner, grandparents, grandchildren, and siblings as well as for the child of a domestic partner) with a serious injury or illness in accordance with CFRA expansion.

      • NOTE: Parents who are both employed by the state are each entitled to 12 workweeks of family leave for a., b., c. above.

    • A serious health condition that makes the employee unable to perform the essential functions of their job.

    • A qualifying exigency arising out of the fact that the employee’s spouse, domestic partner, child, or parent is a covered military member on “covered active duty” or a reservist who faces a recall to active duty, if a “qualifying exigency exists.”

    • Caring for a spouse, child, parent, or next of kin who is a “covered service member” injured while serving in the military. Employees are eligible for up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness.

  • An employee disabled by pregnancy or childbirth is entitled to up to 4 months of PDL. PDL is paid for the first four weeks before the baby is born, then six weeks after the birth. Upon exhaustion of the paid benefit, the employee shall use PFL, if eligible.

  • PDL runs concurrently with FMLA leave; however, it is a separate entitlement from leave taken pursuant to CFRA.

• Notice Requirements

  • Employees applying for FMLA, CFRA, or PDL job-protected leave are required to provide a 30-day advance notice to their manager or supervisor of their need to take FMLA, CFRA, or PDL leave, when the need is foreseeable and such notice is practicable.  If 30 days’ notice is not foreseeable (e.g., not knowing when leave will be required to begin, a change in circumstances, or a medical emergency), employees shall give as much notice as possible of their need for leave.

• Medical Certification Requirements

  • Employees who request leave for themselves or to care for a family member shall provide written certification for the eligible individual with a serious health condition. If the leave is for the employee’s own serious health condition, the certification shall include a statement that the employee is unable to work at all or is unable to perform the essential functions of their position.

  • Employees shall be required to provide updated certification each time the certification on file is expired based on the dates provided by the health care provider or as often as every six months in conjunction with an absence.

• Use of Leave Credits

  • An eligible employee may use their paid accrued leave (e.g., vacation, annual leave, personal leave), during a qualified FMLA, CFRA, or PDL event with no limitation; however, sick leave may only be used in accordance with the applicable collective BU MOU agreement or applicable civil service laws, rules, and state policies.  Whether an employee chooses to use paid accrued leave credits during their FMLA, CFRA, or PDL-qualifying absence or not, CCHCS shall count this leave against the employee’s protected leave entitlements under the law.

  • If the leave is FMLA, CFRA, or PDL-qualifying, no limitation shall be placed on the employee’s use of accrued vacation, annual leave, or personal leave credits.

  • CCHCS is responsible for designating an employee’s use of leave credits as qualifying FMLA, CFRA, or PDL leave, based on information received from the employee.

• Maintenance of Health Benefits

  • FMLA and CFRA

    • The state shall maintain health, dental, and vision insurance coverage under “any group plan” for an employee on FMLA and CFRA-qualifying leave whenever such insurance was provided before the leave was taken, and on the same terms as if the employee had continued to work.

    • Accounts receivables shall be established for the employee’s share while the employee is on unpaid leave and collected upon the employee’s return. In some instances, the employer may also recover the employer’s share of the premiums paid to maintain health coverage for an employee who fails to return to work for reasons unrelated to the original reason for the leave.

  • PDL

    • The state is required to maintain up to four months of health, dental, and vision insurance coverage for employees who are disabled due to pregnancy, childbirth, or a related medical condition.  The time period that benefits are continued under FMLA and CFRA cannot be used to satisfy this requirement of PDL.  In other words, the benefit continuation requirement under CFRA does not begin until the benefit continuation requirement under FMLA and PDL has been fulfilled.

• Calculation of Leave Usage

  • When an employee takes leave on an intermittent or a reduced work schedule, only the amount of leave actually taken may be counted towards the employee’s leave entitlement.  The actual workweek is the basis of leave entitlement.

  • Where an employee takes leave for less than a full workweek, the amount of leave used is determined as a proportion of the employee’s actual workweek.  Time that an employee is not scheduled to report for work may not be counted towards the leave entitlement.

  • Mandatory overtime hours that are not worked by the employee because of an FMLA, CFRA, or PDL-qualifying reason shall be considered leave (counted) for the purpose of calculating the employee’s remaining leave entitlement.  The PFL benefit amount is calculated from the employee’s highest quarterly earnings over the past 5 to 18 months, before the start of their claim. The Employment Development Department has an online Disability Insurance and Paid Family Leave Calculator.

  • However, if overtime hours are worked on an “as needed basis” and are not part of the employee’s usual or normal workweek, such voluntary overtime hours not worked due to an FMLA, CFRA, or PDL-qualifying reason, shall not be counted.

• Reinstatement Rights

  • Upon return from FMLA, CFRA, and PDL leave, an employee is entitled to be returned to the same or comparable position the employee held when the leave commenced or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment, except in limited circumstances unrelated to the leave (such as layoffs).

  • As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform their job, the employee shall obtain and present a fitness for duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification shall result in denial of reinstatement.

• Military Caregiver Leave and Qualifying Exigency Leave Under FMLA

  • Military Caregiver Leave (MCL) and Qualifying Exigency Leave (QEL) expand FMLA rights by providing military families with two additional types of FMLA entitlements.  The law contains provisions regarding:

    • Employer coverage

    • Employee eligibility for the law’s benefits

    • Entitlement to leave

    • Maintenance of health benefits during leave

    • Job restoration after the leave

    • Notice and certification of the need for FMLA leave

    • Protection for employees who request or take FMLA leave

  • The law also requires employers to keep certain records, such as a copy of military orders, copy of a meeting announcement, appointment, or a copy of a bill for service.

• Military Caregiver Leave

  • Eligible employees are entitled to take up to 26 workweeks of unpaid job-protected leave in a 12-month period to care for a covered service member with a serious illness or injury incurred in the line of active duty.  This leave may be taken intermittently or on a reduced schedule basis when medically necessary.

  • Employees who are eligible for MCL include the covered service member’s:

    • Parent

    • Spouse

    • Child

    • Next of kin in the following priority order:

      • Custodial blood relatives

      • Siblings

      • Grandparents, aunts, uncles, and first cousins

      • Family members sharing the same relationship (e.g., siblings) shall all be considered next of kin and each will be entitled to leave for caregiving.  However, a husband and wife who are FMLA-eligible and work for the same employer may be limited to a combined total of 26 workweeks of caregiver leave.

    • MCL is not in addition to the 12 workweeks of FMLA leave normally available to eligible employees but is aggregated with all other types of FMLA-qualifying leave during the applicable 12-month period, provided that the employee may not take more than 12 workweeks of leave for any other FMLA-qualifying reason during this period.  For example, in a single 12-month period, an employee could take 12 weeks of FMLA leave to care for a newborn child and 14 weeks of MCL, but could not take 16 weeks of leave to care for a newborn child and 10 weeks of MCL.

    • The 12-month period begins on the day the employee begins MCL and ends 12 months thereafter.

    • Because MCL is available on a per service member per injury basis, an eligible employee may be entitled to take more than one such leave during the course of their employment to care for different service members or for the same service member with a subsequent injury or illness.  In such circumstances, MCL is still limited to no more than 26 workweeks during the applicable period.

    • A certification form is required to be completed by either:

      • US Department of Defense (DOD) health care provider

      • US Department of Veterans Affairs health care provider

      • DOD TRICARE network authorized private health care provider

      • DOD non-network TRICARE authorized private health care provider

• Qualifying Exigency Leave

  • The military family leave provisions of the FMLA entitle eligible employees of covered employers to take FMLA leave for any “qualifying exigency” arising from the foreign deployment of the employee’s spouse, son, daughter, or parent with the Armed Forces or to care for a service member with a serious injury or illness if the employee is the service member’s spouse, son, daughter, parent or next of kin.

  • QEL may be taken for any qualifying exigency arising out of the fact that a covered military member is on active duty or called to active duty status.  Employees who are family members of a covered military member shall be entitled to take up to 12 workweeks of FMLA leave for “qualifying exigencies” during the 12-month period established by the employer for FMLA leave.

  • Covered active duty means:

    • A member of the Regular Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or

    • Members of the Reserve components of the Armed Forces (members of the National Guard and Reserves), duty during deployment of the member with the Armed Forces to a foreign country under a call or order to active duty in support of a contingency operation.

      • NOTE: Deployment to a foreign country includes deployment to international waters.

  • This leave may be taken intermittently or on a reduced leave schedule basis and may be counted against the employee’s 12 workweek FMLA entitlement.  However, because QEL is an FMLA-qualifying reason for leave, an eligible employee may take all 12 workweeks of their FMLA leave entitlement as QEL, or the employee may take a combination of 12 workweeks of leave for both QEL and leave for a serious health condition.

  • If the need for leave is foreseeable, the employee shall provide notice as soon as practicable, regardless of how far in advance the leave is being requested.

  • A separate certification form is used in connection with this leave.  As part of the certification process, the employee is required to provide copies of their military orders or other military documentation, facts regarding the exigency, dates of active duty service, and approximate date on which the qualifying exigency commenced or will commence.

  • QEL is not available to family members of service members who are in the Active Regular Armed Forces.  It is available only to family members of service members of the reserve components (Army National Guard, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard Reserve, Air Force Reserve, and Coast Guard Reserve) or retired service members of the Active Regular Armed Forces or Reserves.

  • An employee is entitled to use QEL for the following purposes (These are further defined in FMLA regulations.):

    • Issues arising from short-notice deployment (i.e., deployment on seven or less days of notice).

    • Military events, official ceremonies, or programs related to active duty or call to activity duty status of a covered service member.

    • Childcare and school activities

    • Financial or legal arrangements

    • Counseling

    • Rest and recuperation leave during deployment. Eligible employees may take up to 5 days of leave for each instance of rest and recuperation.

    • Post-deployment activities (e.g., arrival ceremonies and reintegration briefings)

    • Additional activities agreed upon by the employer and employee