Chapter 3 – Personnel, Training, and Employee Relations

31080.7.1 Leave Credit/Overtime Manager And Supervisor Responsibilities

• Each manager/supervisor shall have direct responsibility for the management and control of employee leave credit use and overtime management in his/her 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 the vacation scheduling, sick leave, 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.

  • When provided with sufficient information of an employee’s need for leave, the supervisor shall either have the employee complete form CDCRCalifornia Department of Corrections and Rehabilitation 3051 Employee Request for FMLA/CFRA/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 (3) consecutive days of work, a completed CDCRCalifornia Department of Corrections and Rehabilitation 3051 should be sent to the FMLA Coordinator. This CDCRCalifornia Department of Corrections and Rehabilitation 3051 should be completed immediately as the employee must be notified of his/her eligibility for FMLA/CFRA within five (5) business days. The supervisor is responsible for ensuring the FMLA Coodinator has been notified of the employee’s need for FMLA/CFRA.

  • Provide that all budgeted positions (not designated for salary savings or included in the Institution Vacancy Plans) are established, filled, and assigned 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.)

• 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.

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

  • Speak 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.

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

  • Ensure that CDCRCalifornia Department of Corrections and Rehabilitation Form 998-A, Employee’s Record of Attendance is received from each employee, as required, and that, where applicable, substantiation is attached. 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.

  • Set 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:

  • Review the monthly list of vacation/annual and holiday leave credit balances issued by the Personnel Office for employees assigned to their work areas and determine which employees are near or over the maximum allowable number of accrued leave credits.

  • Provide operational oversight for the leave system within his/her assigned area.

  • Monitor the leave credit balances and encourage employees to use accrued leave credits throughout the calendar year in such a manner as to keep accrued balances within the established maximum limits without adversely affecting the safe and efficient operation of the work area.

  • Approve requests for leave in accordance with departmental policy and procedures, the provisions of collective bargaining agreements, laws, rules, 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.

• For institutions continuing to allow 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/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 will submit requests to use holiday leave credit or the telephone number employees can call to request approval for using 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:

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

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

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

• All overtime shall be pre-approved by a designated 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.