Chapter 3 – Personnel, Training, and Employee Relations

31080.7.1 Manager and Supervisor Responsibilities for Leave Credit and Overtime

• Each manager and supervisor shall have direct responsibility for the management of employee leave credit use and overtime management in their assigned area of responsibility and shall:

  • Be knowledgeable of all aspects of CDCRCalifornia Department of Corrections and Rehabilitation’s leave credit and overtime management policy including vacation scheduling, sick leave, leave balances, and overtime approval processes.

  • Be knowledgeable of all applicable laws, rules, regulations, California Government Code, and collective bargaining agreements.

  • Ensure that employees are aware of the method to request and schedule holiday, vacation, or other leave in accordance with this Article.

  • Ensure the Family and Medical Leave Act (FMLA) Coordinator is notified of any employee’s need for FMLA or CFRA and have the employee complete CDCRCalifornia Department of Corrections and Rehabilitation Form 3051, Employee Request for Family and Medical Leave Act (FMLA) California Family Rights Act (CFRA) and/or California Pregnancy Disability Leave (PDL), or complete the form on the employee’s behalf if the employee is unable to do so. If the employee is absent for more than three consecutive days of work, the manager or supervisor shall immediately complete the CDCRCalifornia Department of Corrections and Rehabilitation 3051 and send to the FMLA Coordinator. The employee must be notified of their eligibility for FMLA or CFRA within five business days.

  • Provide that all budgeted positions (not designated for salary savings or included in the Institution Vacancy Plans) are established, filled, and scheduled to cover employee absences in such a manner as to avoid unnecessary overtime expenditures.

  • Pre-approve all overtime and ensure that every alternative has been considered prior to granting overtime approval.

  • Designate the level of approval required for authorizing overtime.

  • Determine the maximum number of employees in various classifications that can take vacation and/or holiday leave at the same time within the assigned work areas. For posted positions, the budgeted relief for those positions determines this number. If an MOUMemorandum Of Understanding contains different requirements, the MOUMemorandum Of Understanding will take precedence.

• Sick leave management responsibilities include, but are not limited to:

  • Monitor the effect of sick leave related absenteeism within the assigned work area in order to mitigate this effect whenever possible.

  • Maintaining accurate records of employee absences relating to sick leave and evaluating these absences to determine if there is a developing pattern of use or abuse, which needs to be discussed with the employee.

  • Speaking to employees who call in sick and at that time, when appropriate, notify the employee that verification from a physician or other licensed health care provider must be submitted in accordance with collective bargaining agreements and all other applicable laws, rules, and regulations.

  • Redistributing the absent employee’s workload, when necessary, to ensure that priority work is completed on time.

  • Ensuring that CDCRCalifornia Department of Corrections and Rehabilitation Form 998-A, Employee’s Record of Attendance is received from each employee, as required, and substantiation attached where applicable. Review and approve the employee’s CDCRCalifornia Department of Corrections and Rehabilitation Form 998-A for use of leave credits only after having ascertained that the absence is for an authorized reason. If disapproved, the reasons for the disapproval will be given to the employee in writing.

  • Setting a good example for employees by using sick leave only when absolutely necessary for personal and family health care needs.

• Vacation, annual, and holiday leave credit management responsibilities include, but are not limited to:

  • Reviewing the list of vacation, annual, and holiday leave credit balances issued by the Personnel Office for employees assigned to their work areas. Ensure leave reduction plans are submitted during vacation request or bid timeframes for employees who are near or over the maximum allowable number of accrued leave credits. Leave reduction plans must be completed and submitted on CalHRCalifornia Department of Human Resources (formerly DPA and SPB) Form 138, Leave Reduction Plan.

  • Ensuring employees who are near or over the maximum allowable number of accrued leave credits are requesting more leave than an employee accrues in a year.

  • Returning all leave reduction plans that do not have enough leave requested to the employee for revision.

  • Providing operational oversight for the leave system within their assigned area.

  • Monitoring leave credit balances and encouraging employees to use accrued leave credits throughout the calendar year to ensure accrued balances remain within the established maximum limits without adversely affecting the safe and efficient operation of the work area.

  • Approving requests for leave in accordance with departmental policy and procedures; the provisions of collective bargaining agreements, laws, rules and regulations; and operational need and constraints imposed in the case of licensed employees. A written notice of approval to take leave shall be provided to employees at the time of approval.

  • Routing documentation of the denial to the Hiring Authority or their designee for awareness and continuing to work with the employee to identify and review alternate dates and times, in instances where an employee’s leave reduction plan must be denied due to operational needs.

• For institutions allowing requests for holiday leave, the following shall apply:

  • Designate whether requests from Correctional Officers, Sergeants, or Lieutenants to use holiday leave credit will be submitted in writing or by telephone.

  • Written requests will be time and date stamped or noted upon receipt.

  • Telephone requests will be recorded electronically using a system which specifies the time the message was received.

  • A file or log shall be maintained noting the time and date each request was received and whether it was approved or placed on a standby list. Designate the location(s) where employees shall submit requests or the telephone number employees shall call to request approval to use leave credit.

  • Ensure that approval for an employee to use holiday leave credit does not result in overtime being required (except in an institution when a first watch commander is absent on holiday time off).

• Overtime management responsibilities include, but are not limited to:

  • Maintaining accurate records of employee overtime used and track the reasons overtime was required.

  • Requesting or authorizing overtime only after ascertaining that there is an absolute need affecting the safe and/or efficient operation of the institution, facility, region, department, or work area.

  • Ensuring that work is distributed in such a manner as to avoid the need for overtime except in rare, unforeseen circumstances.

  • Ensuring all overtime is pre-approved by a designated manager or supervisor who will ensure that every other alternative has been considered prior to granting overtime approval. Within an institution, being ordered to stay on post beyond the normal end of shift or scheduled to work overtime by the Watch Office, Correctional Sergeant, or Lieutenant constitutes pre-approval.