Chapter 3 – Personnel, Training, and Employee Relations

The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) and California Correctional Health Care Services (CCHCS), (hereinafter referred to in this Article as the department), shall provide for the compassionate and timely response to an employee death and shall always attempt to adhere to the wishes of the survivors.

The purpose of this section is to ensure the efficient, expeditious, and compassionate manner in which an employee death is handled and to clarify the protocol, obligations, and human side of the department’s policy to the employee’s survivors.

If provisions in this section conflict with any statute or Memorandum of Understanding (MOUMemorandum Of Understanding), the statute or MOUMemorandum Of Understanding shall prevail as it relates to the specific represented group. Any exceptions to this policy will be considered at the Deputy Director level of Human Resources (HRHuman Resources).

Active Employee

• An employee of the department who is not retired or otherwise transferred or separated from the department employment.

Department Representative (Representative)

• The employee designated by the hiring authority to represent the department to the deceased employee’s family. The Representative will usually be an administrator from the Division of Adult Institutions (DAIDivision of Adult Institutions (formerly Institutions Division)), Division of Adult Parole Operations (DAPODivision of Adult Parole Operations (formerly P&CSD)), or any Office, Program, Board, DAIDivision of Adult Institutions (formerly Institutions Division), or DAPODivision of Adult Parole Operations (formerly P&CSD) manager or supervisor who will exemplify the department’s compassion, sympathy and concern for the survivor’s situation and who is familiar with the contents of this section.

Family/Legal Designee

• Solely for the purpose of this section, the spouse and other immediate family members who are beneficiaries of the deceased employee. (Including legal designee[s].)

First Person

• Any department employee who first becomes aware of an incident.

Hiring Authority

• The Warden, Director, Deputy Director, Assistant Deputy Director, or Associate Director, etc., for whom an employee works.

In-The-Line-Of-Duty Death

• An employee (peace officer or non-custody staff) carrying out their duties dies as a result of an unlawful act of an incarcerated person or supervised person or responding to an incarcerated person or supervised person incident.

Off-Duty Death

• An employee who dies while not on duty (peace officer or non-custody staff). This includes when an off-duty employee is on the department grounds or is traveling on official state business. An employee who dies while enroute to or from work is an off-duty death.(2) An exception is when an off-duty peace officer dies while acting in an official law enforcement capacity (as determined by the department, after a thorough evaluation of the facts surrounding the death).(3) When there is a question whether an employee’s death is in-the-line-of-duty or on-duty, the Secretary will make the final determination.

On-Duty Death

• When an employee (peace officer or non-custody staff) dies while at work, but not as a result of an unlawful act of an incarcerated person or supervised person or responding to an incident. Typically, these deaths would be of an accidental nature, health-related (the result of an illness or other health condition) or result from natural causes.

Point of Contact (POCParole Outpatient Clinics) (for Death Notification Purposes)

• DAIDivision of Adult Institutions (formerly Institutions Division): Notify the Watch Commander. The Watch Commander will notify the Institution Personnel Officer (IPOInstitutional Personnel Officer) to submit the formal notification to the CDCRCalifornia Department of Corrections and Rehabilitation HRHuman Resources Assistant Deputy Director (ADD) and the deceased employee’s immediate supervisor or manager if not already notified. (2) DAPODivision of Adult Parole Operations (formerly P&CSD): Notify the ADD for Northern and Southern Region or Staff Services Manager III for Headquarters (HQ). (3) CDCRCalifornia Department of Corrections and Rehabilitation HQ: Notify the employee’s supervisor or manager. (4) CCHCS HQ: Notify the employee’s supervisor or manager.

Special Circumstances

• Those circumstances surrounding the death of an employee, which would reasonably lead one to believe that media attention may be focused on the department or that person’s employment with the department.

The first person (any employee) that learns of a death shall notify the deceased employee’s supervisor or manager and the assigned POCParole Outpatient Clinics as soon as possible with as much of the preliminary information on the death. If the supervisor is unavailable, then the second-line supervisor is notified. If circumstances surrounding the employee death are such that the immediate notification is not possible, notification to the departmental staff shall be made as soon as possible but no later than 24 hours after the first person learns of the employee death. Detailed reporting instructions and information, including the associated notification forms, checklists, and electronic reporting mediums are contained within the employee death guide Guide, Section 1.6. The Employee Death Guide can be located at the CDCRCalifornia Department of Corrections and Rehabilitation Hub under the Human Resources navigation tab.

Upon notification of an employee’s death the hiring authority shall establish a team of staff to manage the associated tasks. This team may include the deceased employee’s immediate supervisor, a member of the Peer Support Program (PSP), a personnel transaction Representative and other members as determined by the hiring authority or their designee.

• The PSP shall be activated in accordance with Department Operations Manual (DOMDepartment Operations Manual) section 31040.3.2. Members of the PSP team can assist the hiring authority with the policies in this article.

Media Contact

• All media contacts shall be referred to the Office of Public and Employee Communications (OPECOffice of Public and Employee Communications) at opec@cdcr.ca.gov. Do not release the name of any individual involved in the incident to the media or others outside the department. Additionally, the POCParole Outpatient Clinics shall notify OPECOffice of Public and Employee Communications of any death of a departmental employee which occurred under special circumstances.

Notification to the California Occupational Safety and Health Act (CAL-OSHACalifornia Occupational Safety and Health Act)
(1) Pursuant to California Code of Regulations, Title 8, section 342, and DOMDepartment Operations Manual section 31020.7, all employers are required to immediately, but no later than 8 hours, report all work-related deaths (Occurring in a place of employment or in connection with any employment) to CAL-OSHACalifornia Occupational Safety and Health Act.

Notification of Family

• Whenever possible, a CDCRCalifornia Department of Corrections and Rehabilitation or CCHCS management Representative or the employee’s supervisor shall, in-person, notify the family of the employee’s death. If appropriate, a co-worker close to the deceased and a PSP chaplain may also be present.

• The department Representative shall:

  • Ask to enter the residence and inform the family or legal designee in a plain and concise manner; express condolences; and provide pertinent information regarding the circumstances surrounding the death. Any questions by the family or legal designee may be addressed at this time. If this notification is to be made at a family member’s place of work, a private area should be arranged in advance by the Representative at an appropriate time.

  • Discuss with the family the department’s involvement with funeral arrangements. The family will determine the level of the department’s participation in the funeral. The Representative will offer the department’s assistance to the family in making funeral arrangements.

  • If the deceased was a correctional peace officer, inform the family of funeral arrangement options for peace officers.

  • Discuss available resources, services, and benefits, e.g. Employee Assistance Program (EAPEmployee Assistance Program), Correctional Peace Officers Foundation (CPOF), etc.

  • Determine with the family if arrangements should be made for someone to remain with the family until relieved by another family member or friends.

  • At the family’s request, assist in arranging for childcare with a provider who is acceptable to the family.

  • If the family requests assistance to be isolated from the media and the public, staff may be assigned to screen telephone calls.

  • As appropriate and necessary, arrange for police protection for the family.

  • Arrange with the family an appropriate time to discuss all other pertinent matters.

Hospital Attendance

• If the employee dies in a hospital and the family requests, the Representative shall transport or arrange for transportation of the family to the hospital and provide support. The Representative will coordinate with medical personnel to provide the family with information regarding the death. The hospital’s Patient Services Coordinator will be asked to designate a private waiting area for the family. It is important for the family to be given as much information as possible regarding the death to prevent misinformation.

Notification to the HRHuman Resources, ADD

• The employee’s death shall be reported by any applicable POCParole Outpatient Clinics to the HRHuman Resources, ADD. The following information shall be provided:

  • Today’s date

  • Deceased employee’s name

  • Social Security Number

  • Total state and CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS service

  • Date of birth

  • Classification title

  • Collective Bargaining Unit Identifier (CBID)

  • Supervisor name

  • Work location

  • Hiring Authority’s name

  • Death category (in-the-line-of-duty, on-duty, or off-duty)

  • Date/time of death

  • Suspected cause of death

  • Location of death

  • Last day worked (In-Office or Telework)

  • Total state service (years and months)

  • Total years with CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS

  • Next of kin or designee name

  • Next of kin or designee relationship

  • Next of kin or designee address

  • Next of kin or designee telephone number

  • Positive comments about the employee

• The HRHuman Resources, ADD shall be responsible for ensuring that the Secretary is notified as soon as practical following local operating procedures.

Notification of Governor

• The Secretary may advise the Governor’s Office if the employee’s death occurred under special circumstances.

Letter of Condolence – Hiring Authority

• The CDCRCalifornia Department of Corrections and Rehabilitation HRHuman Resources, ADD shall prepare a letter of condolence for the institution/program area hiring authority (CDCRCalifornia Department of Corrections and Rehabilitation) and for the Receiver’s (CCHCS) signature. The hiring authority or Receiver shall review, sign, and send the letter of condolence to the family.

Letter of Benefits – Personnel Officer

• In addition to the letter of condolence from the CDCRCalifornia Department of Corrections and Rehabilitation or CCHCS hiring authority, the Personnel Specialist shall prepare a letter of benefits to the family or legal designee for the Personnel Officer’s review and signature.

Workers’ Compensation Analyst (for HQ staff)/Return to Work Coordinator (for Institution staff)

• The field/institution return-to-work coordinator, or Workers’ Compensation Analyst, Office of Employee Health Management (OEHM), and Workers’ Compensation (WC) Unit shall work with the HQ-HRHuman Resources office or the local personnel office to ensure all information is provided to the family or legal designee regarding workers’ compensation benefits.

• This shall include:

  • Coordinating the completion and submission of Employee’s Report of Occupational Injury or Illness (e3067) and Workers’ Compensation Claim Form (e3301 DWC Form 1) to the appropriate State Compensation Insurance Fund (SCIFState Compensation Insurance Form) office.

  • Notifying the California Department of Industrial Relations (DIRDepartment of Industrial Relations), Division of Workers’ Compensation, of the employee’s death and completing DIRDepartment of Industrial Relations Form Notice of Employee Death (DIA 510). The completed form shall be forwarded to DIRDepartment of Industrial Relations, Death Without Dependents, P.O. Box 422400, San Francisco, California 94142.

• Immediately (if not completed by the POCParole Outpatient Clinics or delegated staff) notifying the nearest district office of the Division of Occupational Safety and Health Administration of the employee’s death, but no later than 8 hours after the formal notification of death. Notification information shall include:

  • Time and date of accident/event.

  • Employer’s name, address, and telephone.

  • Name and job title of person reporting the accident.

  • Address of the site of the accident or event.

  • Name and address of deceased employee (s).

  • Nature [cause] of death.

  • Location where deceased employee was moved.

  • Identify and list other law enforcement agencies present at site of accident.

  • Description of accident and whether the accident scene or instrumentality has been altered.

• Information regarding the benefits available from the EAPEmployee Assistance Program program shall be provided to the family.

Displaying the Flag

• The state flag at headquarters and at each facility shall be displayed at half-mast from the time of notification of death until immediately after the employee’s funeral following local operating procedures in accordance with DOMDepartment Operations Manual section 51090.16.

Draped Badges

• Upon notification of the death of an employee and until immediately after the funeral, each hiring authority may authorize their peace officer staff to wear their badges draped pursuant to DOMDepartment Operations Manual section 33020.9.6.

Funeral Arrangements

• As determined by the family, the department may or may not have some level of participation in an employee’s funeral. Each employee’s death will be handled on a case-by-case basis.

• The department shall inform outside law enforcement agencies of pending funeral services and communicate the wishes of the family. The OPECOffice of Public and Employee Communications or field PIOPublic Information Officer shall inform the media and communicate the wishes of the family.

• The department participation in a funeral may include any one or more of the following:

  • Uniformed honor guard.

  • Pallbearers.

  • Attendance by department employees.

• If the department is to participate in the funeral, staff shall coordinate as needed with the funeral director.

Funeral Attendance

• Department representation at the funeral services of any employee who dies in-the-line-of-duty is desirable.

• Staff may attend an employee’s funeral on state time with authorization of the hiring authority. The number of employees permitted to attend the funeral shall be governed by the department’s needs as determined by the hiring authority.

• When the funeral is beyond the immediate geographic area, the hiring authority may approve attendance on state time, using a state vehicle.

Funeral Uniform

• When uniform staff who are not participating as the honor guard attend the funeral of a department or other law enforcement agency employee in an official capacity, the department Class “A” uniform shall be worn including the draped departmental regulation badge. The DOMDepartment Operations Manual section 33020 describes how the departmental regulation badge shall be draped and the Class “A” and honor guard uniforms.

Overtime And Travel Expenses

• Claims for overtime and travel expenses to attend the funeral of an employee who died in-the-line-of-duty shall be pre-authorized in writing by the requesting employee’s hiring authority. The employee may then submit a request for travel advance in CalATERS. The travel advance must be cleared within 30 days of the issuance with a CalATERS travel expense claim or personal check.

Family Liaison

• The hiring authority shall designate a staff person to act as liaison to the family. This may be the department Representative or another staff member who shall discuss with the family benefits, collection of state-issued property, and return of personal effects.

Personnel Office Responsibilities

• Personnel staff are responsible for the following:

  • Reviewing the employee’s official personnel file and other employment records to determine final pay and benefits for which beneficiaries are eligible.

  • Meet personally with family to discuss information regarding appropriate benefits and final pay.

• Notify the following of the employee’s death:

  • Department HRHuman Resources, ADD (If the Personnel Office staff is the first person).

  • Chief, Office of Employee Wellness (OEW) (If not completed by the HA).

  • California Public Employee Retirement System (CalPERS).

  • State Controller’s Office (SCOState Controller’s Office).

  • California Department of Human Resources (CalHRCalifornia Department of Human Resources (formerly DPA and SPB)), Savings Plus Program office (if applicable).

  • Appropriate employee union or associations., insurance companies, or credit unions (if applicable).

  • Process final pay and other appropriate disbursements or collections (e.g., outstanding accounts receivable, salary or travel advances, or garnishments); and release any warrants in accordance with the provisions of SAMState Administrative Manual §8477.25.

• Provide the family or legal designee with a listing of the deceased employee payroll deductions and contacts for benefits, which may include the following:

  • Basic benefits

  • Social security benefits

  • Savings bonds.

  • State Controller’s Office (SCOState Controller’s Office).

  • Tax-sheltered annuities.

  • Life insurance.

  • Health, dental, and vision.

  • Special benefits (depending upon the employee’s retirement category and nature of death).

  • Retirement benefits for state Peace Officers/Firefighters, Safety, or Industrial members of the PERSPublic Employees Retirement System including burial expenses.

  • Workers’ compensation benefits.

  • Workers’ compensation benefits.

Upon notification of an employee’s death the hiring authority shall establish a team of staff to manage the associated tasks. This team may include the deceased employee’s immediate supervisor, a member of the PSP, a personnel transaction Representative, and other members as determined by the hiring authority or their designee.

• The PSP shall be activated in accordance with DOMDepartment Operations Manual 31040.3.2. Members of the PSP team can assist the hiring authority with the policies in this article.

Media Contact

• All media contacts shall be referred to the OPECOffice of Public and Employee Communications at opec@cdcr.ca.gov. Do not release the name of any individual involved in the incident to the media or others outside the department. Additionally, OPECOffice of Public and Employee Communications shall be notified of any death of a departmental employee which occurred under special circumstances.

Notification to CAL-OSHACalifornia Occupational Safety and Health Act

• Pursuant to California Code of Regulations, Title 8, section 342 and DOMDepartment Operations Manual section 31020.7, all employers are required to immediately, but no later than 8 hours, report all work-related deaths (Occurring in a place of employment or in connection with any employment) to CAL-OSHACalifornia Occupational Safety and Health Act.

Notification of Family

• Whenever possible, a department management Representative or the employee’s supervisor shall, in-person, notify the family of the employee’s death. If appropriate, a co-worker close to the deceased and a PSP chaplain may also be present.

• The department Representative shall:

  • Ask to enter the residence and inform the family or legal designee in a plain and concise manner; express condolences; and provide pertinent information regarding the circumstances surrounding the death. Any questions by the family may be addressed at this time. If this notification is to be made at a family member’s place of work, a private area should be arranged in advance by the Representive at an appropriate time.

  • Discuss with the family the department’s involvement with funeral arrangements. The family will determine the level of the department’s participation in the funeral. The Representative will offer the department’s assistance to the family in making funeral arrangements.

  • If the deceased was a correctional peace officer, inform the family of funeral arrangement options for peace officers.

  • Discuss available resources, services, and benefits, e.g. EAPEmployee Assistance Program, CPOF, etc.

  • Determine with the family if arrangements should be made for someone to remain with the family until relieved by another family member or friends.

  • At the family’s request, assist in arranging for childcare with a provider who is acceptable to the family.

  • If the family requests assistance to be isolated from the media and the public, staff may be assigned to screen telephone calls.

  • As appropriate and necessary, arrange for police protection for the family.

  • Arrange with the family or legal designee an appropriate time to discuss all other pertinent matters.

Hospital Attendance

• If the employee dies in a hospital and the family requests, the Representative shall transport or arrange for transportation of the family to the hospital and provide support. The Representative will coordinate with medical personnel to provide the family with information regarding the death. The hospital’s Patient Services Coordinator will be asked to designate a private waiting area for the family. It is important for the family to be given as much information as possible regarding the death to prevent misinformation.

Notification to the HRHuman Resources, ADD

• The employee’s death shall be reported to the department’s HRHuman Resources, ADD. The following information shall be provided:
  (A) Today’s date
  (B) Deceased employee’s name
  (C) Social Security Number
  (D) Total state and CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS service
  (E) Date of birth
  (F) Classification title
  (G) Collective Bargaining Unit Identifier (CBID)
  (H) Supervisor name
  (I) Work location
  (J) Hiring authority’s name
  (K) Death category (in-the-line-of-duty, on-duty, or off-duty)
  (L) Date/time of death
  (M) Suspected cause of death
  (N) Location of death
  (O) Last day worked (In-Office or Telework)
  (P) Total state service (years and months)
  (Q) Total years with CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS
  (R) Next of kin or designee name
  (S) Next of kin or designee relationship
  (T) Next of kin or designee address
  (U) Next of kin or designee telephone number
  (V) Positive comments about the employee

• The HRHuman Resources, ADD shall be responsible for ensuring that the Secretary is notified as soon as practical following local operating procedures.

Notification of Governor

• The Secretary may advise the Governor’s Office if the employee’s death occurred under special circumstances.

Letter of Condolence – Hiring Authority

• The department’s HRHuman Resources, ADD shall prepare a letter of condolence for the hiring authority. The hiring authority shall review, sign, and send the letter of condolence to the family.

Letter of Benefits – Personnel Officer

• In addition to the letter of condolence from the CDCRCalifornia Department of Corrections and Rehabilitation or CCHCS hiring authority, the Personnel Specialist shall prepare a letter of benefits to the family or legal designee for the Personnel Officer’s review and signature.

Workers’ Compensation Analyst/Return to Work Coordinator

• The field/institution return-to-work coordinator, or Workers’ Compensation Analyst, OEHM, and WC Unit shall work with the HQ-HRHuman Resources office or the local personnel office to ensure all information is provided to the family or legal designee regarding workers’ compensation benefits.

• This shall include:

  • Coordinating the completion and submission of SCIFState Compensation Insurance Form Form e3067 and e3301 DWC Form 1 to the appropriate SCIFState Compensation Insurance Form office.

  • Notifying the DIRDepartment of Industrial Relations, Division of Workers’ Compensation, of the employee’s death and completing DIRDepartment of Industrial Relations Form 510. The completed form shall be forwarded to DIRDepartment of Industrial Relations, Death Without Dependents, P.O. Box 422400, San Francisco, California 94142.

• Immediately (if not completed by the POCParole Outpatient Clinics or delegated staff) notifying the nearest district office of the Division of Occupational Safety and Health Administration of the employee’s death, but no later than 8 hours after the formal notification of death. Notification information shall include:

  • Time and date of accident/event.

  • Employer’s name, address, and telephone number.

  • Name and job title of person reporting the accident.

  • Address of the site of the accident or event.

  • Name and address of deceased employee (s).

  • Nature [cause] of death.

  • Location where deceased employee was moved.

  • Identify and list other law enforcement agencies present at site of accident.

  • Description of accident and whether the accident scene or instrumentality has been altered.

Displaying the Flag

• Upon the death of an institutional employee while on duty, the Governor shall determine if it is appropriate to have the state flag flown at half-mast on the day of the funeral following local operating procedures in accordance with DOMDepartment Operations Manual section 51090.16.

Draped Badges

• Upon notification of the death of an employee and until immediately after the funeral, each hiring authority may authorize their peace officer staff to wear their badges draped pursuant to DOMDepartment Operations Manual 33020.9.6.

Funeral Arrangements

• If requested by the family, the department may provide assistance in making funeral arrangements.

Funeral Attendance

• Department representation at the funeral services of any employee who passes away while on duty is desirable.

• Staff may attend an employee’s funeral on state time with authorization of the hiring authority. The number of employees permitted to attend the funeral shall be governed by the department’s needs as determined by the hiring authority.

• When the funeral is beyond the immediate geographic area, the hiring authority may approve attendance on state time, using a state vehicle.

Funeral Uniform

• When uniform staff who are not participating as the honor guard attend the funeral of a department or other law enforcement agency employee in an official capacity, the department Class “A” uniform shall be worn, including the draped departmental regulation badge. The DOMDepartment Operations Manual §33020 describes how the departmental regulation badge shall be draped and the Class “A” uniform.

Overtime And Travel Expenses

• Claims for overtime and/or travel expenses to attend the funeral of an employee who died on duty shall be pre-authorized in writing by the requesting employee’s hiring authority. The employee may then submit a request for travel advance in CalATERS. The travel advance must be cleared within 30 days of the issuance with a CalATERS travel expense claim or personal check.

Family Liaison

• The hiring authority shall designate a staff person to act as liaison to the family. This may be the department Representative or another staff member who shall discuss with the family benefits, collection of state-issued property, and return of personal effects.

Personnel Office Responsibilities

• Personnel staff are responsible for the following:

  • Reviewing the employee’s official personnel file and other employment records to determine final pay and benefits for which beneficiaries are eligible.

  • Meet personally with family to discuss information regarding appropriate benefits and final pay.

  • Notify the following of the employee’s death:

    • HRHuman Resources, ADD (If the Personnel Office staff is the first person)

    • Chief, Office of Employee Wellness (If not completed by the HA)

    • California Public Employee Retirement System (CalPERS)

    • State Controller’s Office (SCOState Controller’s Office)

    • California Department of Human Resources (CalHRCalifornia Department of Human Resources (formerly DPA and SPB)), Savings Plus Program office (if applicable)

    • Appropriate employee union or associations, insurance companies, or credit unions (if applicable)

    • CPOF – Custody Staff (if peace officer)

  • Process final pay and other appropriate disbursements or collections (e.g., outstanding accounts receivable, salary or travel advances, or garnishments); and release any warrants in accordance with the provisions of SAMState Administrative Manual §8477.25.

  • Provide the family or legal designee with a listing of the deceased’s payroll deductions and contacts for benefits, which may include the following:

    • Basic benefits.

    • Social security benefits.

    • Savings bonds.

    • Deferred compensation.

    • Tax-sheltered annuities.

    • Life insurance.

    • Health, dental, and vision.

    • Special benefits (depending upon the employee’s retirement category and nature of death).

    • Retirement benefits for state Peace Officers/Firefighters, Safety, or Industrial members of the PERSPublic Employees Retirement System including burial expenses.

    • Workers’ compensation benefits.

    • United States Department of Justice death benefits.

The department may assist the family in obtaining appropriate state benefits and may offer assistance to family members in making funeral arrangements, if requested.

• Upon notification of an employee’s death the hiring authority shall establish a team of staff to manage the associated tasks. This team may include the deceased employee’s immediate supervisor, a member of the PSP team, a personnel transaction Representative, and other members as determined by the hiring authority or their designee.

• The PSP shall be activated in accordance with DOMDepartment Operations Manual 31040.3.2. Members of the PSP team can assist the hiring authority with the policies in this article.

Media Contact

• All media contacts shall be referred to the OPECOffice of Public and Employee Communications at opec@cdcr.ca.gov. Do not release the name of any individual involved in the incident to the media or others outside the department. Additionally, OPECOffice of Public and Employee Communications shall be notified of any death of a departmental employee which occurred under special circumstances.

Notification to CAL-OSHACalifornia Occupational Safety and Health Act

• Pursuant to California Code of Regulations, Title 8, section 342, all employers are required to immediately, but no later than 8 hours, report all work-related deaths (Occurring in a place of employment or in connection with any employment [whether on or off-duty]) to CAL-OSHACalifornia Occupational Safety and Health Act.

Notification of Family

• If the department is the first to have confirmed knowledge of an employee’s off-duty death, whenever possible, a CDCRCalifornia Department of Corrections and Rehabilitation or CCHCS management Representative or the employee’s supervisor shall, in-person, notify the family of the employee’s death. If appropriate, a co-worker close to the deceased and a PSP chaplain may also be present.

• The department Representative shall:

  • Ask to enter the residence and inform the family or legal designee in a plain and concise manner; express condolences; and provide pertinent information regarding the circumstances surrounding the death. Any questions by the family or legal designee may be addressed at this time. If this notification is to be made at a family member’s place of work, a private area should be arranged in advance by the Representative at an appropriate time.

  • Discuss with the family the department’s involvement with funeral arrangements. The family will determine the level of the department’s participation in the funeral. The Representative will offer the department’s assistance to the family in making funeral arrangements.

  • If the deceased was a correctional peace officer, inform the family of funeral arrangement options for peace officers.

  • Discuss available resources, services, and benefits, e.g. EAPEmployee Assistance Program, CPOF, etc.

  • Determine with the family if arrangements should be made for someone to remain with the family until relieved by another family member or friends.

  • At the family’s request, assist in arranging for childcare with a provider who is acceptable to the family.

  • If the family requests assistance to be isolated from the media and the public, staff may be assigned to screen telephone calls.

  • As appropriate and necessary, arrange for police protection for the family.

  • Arrange with the family or legal designee an appropriate time to discuss all other pertinent matters.

Notification to the HRHuman Resources ADD

• The employee’s death shall be reported to the HRHuman Resources, ADD. The following information shall be provided:

  • Today’s date

  • Deceased employee’s name

  • Social Security Number

  • Total state and CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS service

  • Date of birth

  • Classification title

  • Collective Bargaining Unit Identifier (CBID)

  • Supervisor name

  • Work location

  • Hiring authority’s name

  • Death category (in-the-line-of-duty, on-duty, or off-duty)

  • Date/time of death

  • Suspected cause of death

  • Location of death

  • Last day worked (In-Office or Telework)

  • Total state service (years and months)

  • Total years with CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS

  • Next of kin or designee name

  • Next of kin or designee address

  • Next of kin or designee relationship

  • Next of kin or designee telephone number

  • Positive comments about the employee

• The HRHuman Resources, ADD shall be responsible for ensuring that the Secretary is notified as soon as practical following local operating procedures.

Notification of Governor

• If an active employee’s off-duty death occurs under special circumstances, the Secretary may advise the Governor’s Office.

Letter of Condolence – Hiring Authority

• The HRHuman Resources, ADD shall prepare a letter of condolence for the hiring authority. The hiring authority shall review, sign, and send the letter of condolence to the family.

Letter of Benefits – Personnel Officer

• In addition to the letter of condolence from the CDCRCalifornia Department of Corrections and Rehabilitation or CCHCS hiring authority, the Personnel Specialist shall prepare a letter of benefits to the family or legal designee for the Personnel Officer’s review and signature.

Funeral Arrangements

• If requested by the family, the department may provide assistance in making funeral arrangements.

Funeral Attendance

• Department representation at the funeral services of any employee who passes away while off-duty is desirable.

• Staff may attend an employee’s funeral on state time with authorization of the hiring authority. The number of employees permitted to attend the funeral shall be governed by the department’s needs as determined by the hiring authority.

• When the funeral is beyond the immediate geographic area, the hiring authority may approve attendance on state time, using a state vehicle.

Funeral Uniform

• When uniform staff who are not participating as the honor guard attend the funeral of a department or other law enforcement agency employee in an official capacity, the department Class “A” uniform shall be worn, including the draped departmental regulation badge. The DOMDepartment Operations Manual §33020 describes how the departmental regulation badge shall be draped and the Class “A” uniform.

Overtime And Travel Expenses

• Claims for overtime and travel expenses to attend the funeral of an employee who died off-duty are not authorized.

Family Liaison

• The hiring authority shall designate a staff person to act as liaison to the family. This may be the department Representative or another staff member who shall discuss with the family benefits, collection of state-issued property, and return of personal effects.

Personnel Office Responsibilities

• Personnel staff are responsible for the following:

  • Reviewing the employee’s official personnel file and other employment records to determine final pay and benefits for which beneficiaries are eligible.

  • Meet personally with family to discuss information regarding appropriate benefits and final pay.

  • Notify the following of the employee’s death:

    • HRHuman Resources, ADD (If the Personnel Office staff is the first person)

    • Chief, OEW (If not completed by the HA)

    • CalPERS

    • SCOState Controller’s Office

    • CalHRCalifornia Department of Human Resources (formerly DPA and SPB), Savings Plus Program office (if applicable)

    • Appropriate employee union or associations, insurance companies, or credit unions (if applicable)

    • CPOF – Custody Staff (if peace officer)

  • Process final pay and other appropriate disbursements or collections (e.g., outstanding accounts receivable, salary or travel advances, or garnishments); and release any warrants in accordance with the provisions of SAMState Administrative Manual §8477.25.

  • Provide the family or legal designee with a listing of the deceased’s payroll deductions and contacts for benefits, which may include the following:

    • Basic benefits

    • Social security benefits

    • Savings bonds

    • Deferred compensation

    • Tax-sheltered annuities

    • Life insurance

    • Health, dental, and vision

    • Special benefits (depending upon the employee’s retirement category and nature of death)

    • Retirement benefits for state Peace Officers/Firefighters, Safety, or Industrial members of the PERSPublic Employees Retirement System including burial expenses

    • Workers’ compensation benefits

    • United States Department of Justice death benefits

  • Reference the appropriate Memorandum of Understanding (MOUMemorandum Of Understanding) for any other benefits.

If an employee dies while traveling on official state business, reimbursement may be claimed for actual and reasonable expenses incurred in returning the deceased to their place of burial or their assigned office/institution, whichever is less. Reimbursement shall be in accordance with the provisions of §599.636 (for represented employees) or 599.636.1 (for excluded employees) of the CalHRCalifornia Department of Human Resources (formerly DPA and SPB) regulations.

Staff may attend a retired employee’s funeral on state time with the prior authorization of the hiring authority. The number of employees permitted to attend the funeral shall be governed by the department’s needs. Claims for overtime and/or travel expenses are not authorized.

Staff may attend on state time, and with the use of a state vehicle, the funeral of a public official or law enforcement official from an outside agency with the advance authorization of the hiring authority. Prior approval of the hiring authority is also required for any claims of overtime and travel expenses.

Staff who wishes to attend the funeral of a co-worker’s relative may do so with the prior approval of their supervisor, on a case-by-case basis. Staff shall utilize their own accrued leave credits to attend. Claims for overtime and any expenses are not authorized.

If any active employee has five or more years of state service or qualifies for retirement and their death is imminent, personnel staff shall contact PERSPublic Employees Retirement System Benefits Services Division, Office of the Ombudsman, immediately. The PERSPublic Employees Retirement System staff will expedite the retirement processing and explain the best options to the family.

The department Representative shall be responsible for ensuring the return of all personal property to the survivors. The deceased employee’s desk, locker, bulletin boards, office space, and other appropriate areas should be inspected for any personal items. The Representative shall discuss with the hiring authority the appropriate disposition of any material that may be embarrassing or painful to the family.

The Representative shall be responsible for the collection and inventory of the deceased employee’s state-issued property. Permission shall be obtained from the family or legal designee to remove state-issued property from the deceased’s residence. If the deceased lived alone, the person identified on the Emergency Notification Form shall be contacted to obtain permission to remove state property from the deceased employee’s residence.

If the family refuses to relinquish state property, the hiring authority shall determine appropriate recovery efforts.

The responsibility of the department to the family or legal designee does not end at the funeral. Departmental staff shall remain sensitive to the needs of the family and provide necessary follow-up and long-term support. OEW offers the PSP team of trained staff to help families through traumatic events that have taken place at work.

The HRHuman Resources DD, or designee, shall ensure that the content of this section is accurate and current.