3 Phases of the Skelly Process: The Decision Letter
What is it? A letter notifying the employee that disciplinary action is being taken. The letter states the level and effective date of the disciplineRead More →
3 Phases of the Skelly Process: The Employee’s Reply
What is it? An employee is given the opportunity to reply, either orally, in writing, or both, to the charges made in the Intent Letter.Read More →
3 Phases of the Skelly Process: The Intent Letter
What is it? This Skelly letter informs the employee of the intent to take a disciplinary action. It sets forth the proposed discipline, the CivilRead More →
Alleged Discourtesy to Client – Sample Interview Questions
A client contacted me to complain about what she considers to have been inappropriate comments directed from you to her. This has to do withRead More →
Alleged Discourtesy to Coworker – Sample Interview Questions
I understand that you took several days off while I was on vacation. How about if you start with telling me which days you wereRead More →
Alleged Internet and/or E-mail Misuse – Sample Interview Questions
What is your understanding of the County’s Internet policy? How many times a day, on average, do you access the Internet? How long, on average,Read More →
Alleged Misuse of Position – Sample Interview Questions
NAME, talk with me about your experience with getting client bus passes from our department. When did that first start? How did it come about?Read More →
Alternative Work Schedules
The County supports alternative or non-traditional work schedules that provide flexibility to employees, as long as such schedules do not impact coverage or service delivery.Read More →
Appeal/Grievance Matrix
ACTION APPEALABLE GRIEVABLE Ratings of Oral Board YES NO Classification of Position Results of Classification Study Denial of request to conduct a Classification Study YESRead More →
Appeals of Disciplinary Actions
Reference Civil Service Rule XIV provides that employees may appeal dismissal, demotion, or suspension / non-punitive suspension actions to the Commission. In cases involving dismissal,Read More →
Appeals of Substandard Performance Evaluations
Reference Section 4 of Civil Service Rule XII provides that “Permanent employees may appeal to the Commission for a review of performance evaluations which are belowRead More →
Background
The Skelly decision (Skelly vs. California Personnel Board) determined that a permanent public employee has a property interest in his/her job, which is protected byRead More →
Bereavement Leave
The County Ordinance Code and the various MOUs provide that sick leave may be used for the employee’s preparation for or attendance at the funeralRead More →
Can a person in an unclassified position take County examinations for classified positions? Can he/she take promotional examinations?
All persons in unclassified positions can compete for classified positions any time that an Open or Open and Promotional recruitment is conducted. Persons in unclassifiedRead More →
Can a probationary employee take vacation time?
The County Ordinance Code states: “No vacation will be permitted prior to the completion of 13 full pay periods of continuous service in any status.”Read More →
Can a probationary period be extended?
Yes, a probationary period can be extended to a total maximum length of 2,080 hours (one year of full-time service). Probationary periods that are alreadyRead More →
Can an employee grieve or appeal a probationary dismissal?
An employee cannot grieve a probationary rejection. An employee may appeal a probationary rejection to the Civil Service Commission only if he/she alleges and substantiatesRead More →
Can an employee transferring to another department be required to complete a new probationary period?
Section 12 of Civil Service Commission Rule XI provides that employees may transfer from one position to another in their same classification. This rule also statesRead More →
Can an employee use other accrued leave in lieu of sick leave to cover unplanned medical absences?
As stated in the MOUs, approval to use accrued vacation, holiday, and compensatory time hours is and has always been at management’s discretion. Historically, someRead More →
Can different types of leaves of absence be combined?
A female employee giving birth to a child can request a medical leave of absence for the period she is certified as disabled and unableRead More →
Classified and Unclassified Employees – Comparison of Terms and Conditions of Employment
CLASSIFIED UNCLASSIFIED Recruitment & Selection Covered by the provisions of the Civil Service Rules specifying the manner that recruitment and hiring is carried out. NotRead More →
Classified and Unclassified Employment
Some of the most commonly asked questions concerning the differences and similarities between classified and unclassified employment are listed below. This information is a guide,Read More →
Coding the Timecard
AFSCME, Confidential, PDA, SEIU, SMCCE: Employees who use paid sick leave and work extra hours in the same work week code the corresponding extra hoursRead More →
Conduct
Conduct cases are those where an employee fails to comply with work rules, policies, and procedures such as arriving for work on time; treating clientsRead More →
Conducting Employee Investigations
You will not personally witness every act of misconduct alleged to have been committed by your employees. Allegations of employee misconduct can come from aRead More →
Description of files to be maintained
This section explains what the various files are, where they are maintained in the County, and what types of materials should be placed in eachRead More →
Do health benefits for classified employees differ from those of unclassified employees?
There is no difference in health, dental, vision, or life insurance benefits based on classified or unclassified status.Read More →
Do retirement benefits or obligations for classified employees differ from those of unclassified employees?
There is no difference in retirement benefits or obligations based on classified or unclassified status.Read More →
Documentation
Documentation is used for: Positive Feedback and Acknowledgement Career Development Showing Patterns Probationary Determinations Performance Evaluations Disciplinary Actions Documentation should: Be a clear record ofRead More →
Does an employee have to provide a release to work after every illness?
Generally, an employee is not required to provide a release to return to work after illnesses. Some examples of when a release should be requiredRead More →
Does Extra Help time count? What if I “bought my extra help time?
Time spent as extra help does not count towards seniority. Purchasing extra help time counts for pension purposes, but not for seniority purposes.Read More →
Does FMLA time count towards seniority?
FMLA or, Family Medical Leave, is not a type of leave, but rather a protection Act. There is no time associated with FMLA and it thereforeRead More →
Does my probationary status affect my seniority?
If you are on probation, your prior classification seniority cannot be used in the new classification until you have passed your probationary period.Read More →
Does overtime count toward seniority?
No, overtime does not count as seniority hours.Read More →
Does time on workers’ compensation count towards seniority?
Time in a regular paid status counts. As long as you are on a paid work related leave, the time does count towards seniority.Read More →
Does unclassified service count towards seniority?
Unclassified time does not count towards seniority.Read More →
Example #1: Probationary Rejection for Attendance
Supervisory Notes – Jill Smith Administrative Assistant I (1040 hours probationary period) [PROBATIONARY REJECTION FOR ATTENDANCE] 9/10/10 (Monday, 9 a.m.) – I met with JillRead More →
Example #2: Probationary Extension due to Performance
Supervisory Notes – Jon Jones Community Worker II (1040 hours probationary period) [PROBATIONARY EXTENSION DUE TO PERFORMANCE] 8/6/10 (Monday, 9 a.m.) – I met withRead More →
Example #3: “Special” Below Standard Evaluation
Supervisory Notes – Alice Doe file Administrative Secretary III [“SPECIAL” BELOW STANDARD EVALUATION] 1/8/10 (Monday, 9 a.m.) – I met with Alice who laterally transferredRead More →
How are employees notified that they have failed to pass their probationary period?
An employee is notified via a letter from the department head or designee, stating he/she is being rejected during his/her probationary period. If this isRead More →
How are layoffs determined?
For classified employees, layoffs are conducted in accordance with the Civil Service Commission Rules. For unclassified employees, the department head can implement layoffs based onRead More →
How are leaves of absence approved and how are the forms processed?
The employee should submit a “Leave of Absence Request Form” to his/her supervisor, who will review the request, sign the form, and submit it toRead More →
How are people hired into the unclassified service?
Departments may use hiring processes similar to those used for classified positions and may even make appointments to unclassified positions from classified employment lists. DepartmentsRead More →
How can an employee use the services of the EAP?
Employees may “self-refer” by calling Claremont EAP for assistance with a variety of issues including: Marital, family or relationship distress Emotional upset Alcohol and/or drugRead More →
How do I determine whether an employee’s attendance constitutes “excessive absenteeism”?
Although there is no magic number of absences that equate to excessive absenteeism, there are a number of factors to consider which can lead toRead More →
How do I know whether a request for time off should be considered FMLA?
An employee does not have to specifically request an “FMLA leave” and does not have to use the term “FMLA” or “Family and Medical Leave”Read More →
How do stewards request release time, and must it always be granted?
When a meeting is being held for which release time is provided, the union sends a written request to Employee & Labor Relations indicating theRead More →
How does a supervisor address leave problems?
Corrective Action Steps As in all corrective action, supervisors/managers must consider all pertinent facts and potential mitigating circumstances before taking action. Some factors to beRead More →
How does an employee become permanent?
The preferred way is for the supervisor to write a performance evaluation just prior to the end of the employee’s probationary period, recommending that theRead More →
How does designating a leave of absence as FMLA/CFRA benefit the employee?
The main benefit for regular County employees is that the County continues to pay its share of the health insurance cost premium for up toRead More →
How does the Commission handle appeals?
Depending on the nature of the matter being appealed, the appeal may be heard by the entire Commission, or by a sub-committee comprised of twoRead More →
How does the supervisor know what to do next, and when to do it?
If you have determined that the employee is not meeting expectations during the special evaluation process, and will not be able to meet them withRead More →
How does the supervisor know what to do next, and when to do it?
If the misconduct still continues, or if the first instance of misconduct is serious in nature, contact Employee & Labor Relations for consultation on theRead More →
How does unclassified service impact seniority?
Generally, time spent in an unclassified status does not count in computing seniority in the classified service. If a classified employee takes an unclassified position,Read More →
How does voluntary time off (VTO) affect seniority?
Voluntary time off reduces your pay rate, not the number of hours you are in a paid status. Therefore, VTO does not affect your seniority.Read More →
How is an EAP referral made?
The following information from Claremont EAP describes the procedures used in accessing EAP services. Job Performance Referral Management Guidelines Management Consultation The EAP provides aRead More →
How is seniority calculated? What hours are included in seniority?
Seniority is all “regular” paid hours. This includes 001 time, paid sick leave, vacation, comp and holiday time.Read More →
How long are probationary periods?
An employee’s probationary period is made up of either 1040, 1560, 2080, or 3120 hours (equivalent to 6, 9, 12, or 18 months of full-time employment).Read More →
How must a timecard be coded when an employee uses paid sick leave and works overtime in the same week?
In all contracts bargained between employee organizations and the County of San Mateo in years 2005-2007, it was agreed that paid sick leave would noRead More →
How the Non-Punitive Discipline Program Works
The Non-Punitive Discipline Program is designed to help correct conduct and attendance problems by serving as a step in progressive discipline. Normally, the Non-Punitive DisciplineRead More →
How to use the Employee Relations Handbook
This Handbook is to be used as an aid and guide. It is not, however, a replacement for the advice and guidance available from EmployeeRead More →
I worked for the County for five years, then left to take another job for a couple years. I’ve been back for three years. How much seniority do I have?
You will need to talk to Human Resources for an exact determination, as most breaks in County service result in a restart of calculating seniority.Read More →
If a Leave of Absence is approved, do I have to hold the employee’s position vacant?
The granting of a leave of absence also grants the employee the right to return to a position in the same or equivalent classification, inRead More →
If a person in a classified position wants to take an unclassified position, what happens?
An employee who moves from classified to unclassified service must resign from the classified service. This means that all rights in the classified service areRead More →
If a person is in an unclassified position can he/she transfer to classified positions?
Persons in unclassified positions, who previously held a classified position and who did not have a break in County service between the classified and unclassifiedRead More →
If an employee brings in doctor’s notes as required, is there anything a supervisor can do about excessive sick leave?
Yes. Civil Service Rule XIII lists “excessive absenteeism and/or tardiness” as a basis for disciplinary action. Case law has consistently held that an employer hasRead More →
Informal Flex Schedules
Informal flex schedule arrangements involve situations wherein an employee works more than their scheduled hours on one day and, instead of being paid overtime, agreesRead More →
Introduction to Performance and Conduct
Employee expectations fall into two categories – Performance and Conduct. Performance : Expectations related to the employee’s job classification or job assignment. They include theRead More →
Is an employee entitled to use vacation leave whenever it is requested, if they have a balance of vacation hours?
No. Vacation leave is requested in advance and approved or denied by the supervisor or manager based on such factors as workload and office coverage.Read More →
Is It Performance or Conduct?
BEHAVIOR CATEGORY An employee won’t perform an assignment. Conduct An employee can’t perform an assignment. Performance An employee is constantly late. Conduct An employee isRead More →
Is the employee entitled to Union representation during administrative interviews?
Any time you are interviewing a represented employee in conjunction with an investigation, the employee has the right to union representation if he/she requests it.Read More →
Itinerary for management review of supervisors
With regards to documentation, managers need to ensure that each supervisor has established a file for each of his/her own direct reports that contains: ARead More →
Labor Relations
“Labor Relations” refers to interactions between an employer (management) and an employee organization (union). For public sector employers in the State of California, the Meyers-Milias-BrownRead More →
Leave of Absence Instructions and Information
This Leave of Absence Request Form should be used to request time off from work in excess of two biweekly pay periods, either paid orRead More →
Leaves of Absence (LOA)
The County’s Leave of Absence Request Form can be accessed online at: http://hr.smcgov.org/documents/leave-absence-form There are several kinds of leaves of absence, and each has prerequisites,Read More →
Measure D
In 2004, San Mateo County voters resoundingly approved Measure D by a 19-point margin. Measure D provides that no employee may serve in an unclassifiedRead More →
Meet and Confer: What do we do after the meet and confer?
Meet with upper management and/or Human Resources to finalize the plan. Analyze proposed changes and alternatives that were made at the meeting, and incorporate themRead More →
Meet and Confer: What do we do at the meeting?
Start the meeting by explaining the proposed change and the reasons for the change. You should use the comparison document you prepared as a guideRead More →
Meet and Confer: What do we do if we decide to make a change?
After consulting with Employee & Labor Relations, notify the employee organization(s) of the change in writing. The notice should describe the proposed change in detailRead More →
Meet and Confer: What do we do to prepare for the meeting?
It is important that you adequately prepare so that you present yourself at the meeting as being organized and knowledgeable about the specifics of theRead More →
Meet and Confer: What is the identifying trigger?
The need to provide employee organization(s) with advance notice and an opportunity to “meet and confer” is triggered any time the management of a departmentRead More →
Meet and Confer: Who attends the meeting?
You can expect a union representative, the union steward and one or more affected employees to attend. The union gets to select which employees attend,Read More →
Meet and Confer: Who is covered?
All County Departments and Divisions are covered and these guidelines should be considered and used by all County management staff. One or more employee organizationsRead More →
Must an employee attend EAP if referred?
No. The decision to attend the EAP is entirely the employee’s. The fact that an employee has been given the opportunity will be an importantRead More →
Must every request for sick leave be approved?
No. Sick leave is used for very specific purposes as outlined in the various MOUs and in the Ordinance Code. An employee whose sick leaveRead More →
Must vacation leave be approved when an employee is tardy?
No. For occasional instances of tardiness, it is appropriate to allow employees to charge the tardy to vacation rather than charging AWOL or Leave withoutRead More →
Non-Punitive Discipline Program Description
All County employees are covered by the Non-Punitive Discipline Program. The Sheriff’s Office reserves the right to impose unpaid suspensions on law enforcement employees whenRead More →
Non-Punitive Discipline Program Overview
The Non-Punitive Discipline Program replaces unpaid suspensions with a disciplinary letter which fully equates to a suspension of a specified length (e.g., one day, three days, etc.)Read More →
Objective Signs of Impairment
For more information, please see HR Bulletin 5: Dealing with the Impaired Employee on the HR website.Read More →
Objectives of the Non-Punitive Discipline Program
The overall goal of the Non-Punitive Discipline Program is to improve public service and productivity in the workplace by: Correcting conduct problems promptly, rationally andRead More →
Online Resources
Updated August 28, 2014 County Intranet: http://intranet.co.sanmateo.ca.us Supervisor Resources Supervisor Online Support (SOS) County Ordinance Code: http://library.municode.com/HTML/16029/level2/TIT2AD_ART2.7COEM.html#TOPTITLE County Charter: http://countycounsel.smcgov.org/sites/countycounsel.smcgov.org/files/documents/files/Charter%202012.pdf Administrative Memos: http://cmo.smcgov.org/administrative-memorandums Human ResourcesRead More →
Overview of Traditional Discipline Program
The County practices the concept of progressive discipline. When an employee’s conduct warrants corrective action, the supervisor/manager takes the lowest level of disciplinary action which:Read More →
Overview: Grievances and Appeals
Introduction Employees may disagree with actions taken or not taken by their supervisors/managers or by other management officials. Some of these issues may be grievedRead More →
Performance
Preparing evaluations is only a small part of the employee performance process. It is essential that supervisors and managers meet with their employees regularly toRead More →
Positions Represented By Unions
MOUs are found online at http://hr.smcgov.org/memorandum-understanding-mou American Federation of State, County and Municipal Employee (AFSCME) Healthcare positions (excluding Physicians, Registered Nurses, and Clerical/Support positions) InstitutionalRead More →
Preparing for a Job Performance Referral Checklist
A Job Performance Referral is a referral initiated by a supervisor or a manager when work performance or behavior is an issue, for example, poorRead More →
Probationary Periods
The probationary period is the final phase in the examination process. The purpose of the probationary period is to allow the employer to make aRead More →
Procedures for the Skelly Process
Prior to initiating any disciplinary action, the supervisor and/or manager will conduct investigatory interviews with the employee and any witnesses to determine the facts involved.Read More →
Process for Employees at Risk of Layoff
Post-Employment Rights Layoff (EE does not take a severance) Layoff (EE takes a severance) Voluntary Demotion Involuntary transfer to another position within the department (toRead More →
Process for preparing an employee performance evaluation: Step 1 – Regular Feedback Sessions
Supervisors and managers should meet with all of their employees on a regular basis throughout the rating period to give feedback on the employee’s performanceRead More →
Process for preparing an employee performance evaluation: Step 2 – Initial Discussion of Performance
Approximately two weeks prior to the end of the rating period, the supervisor meets with the employee to discuss the employee’s performance during the ratingRead More →
Process for preparing an employee performance evaluation: Step 3 – Draft Performance Evaluation
Based on the discussion described in Step 2, the supervisor completes an initial draft Performance Evaluation and reviews it with his/her manager before giving it toRead More →
Process for preparing an employee performance evaluation: Step 4 – Employee Comments
The employee has ten working days (two weeks) from the meeting described in Step 3 to review the draft and make comments. The supervisor cannot requireRead More →
Process for preparing an employee performance evaluation: Step 5 – Finalizing the Performance Evaluation
Following the ten working days review period (two weeks), the supervisor reviews the draft, considers the employee’s comments, and finalizes the report for signatures. TheRead More →
Reference Checks
When considering someone for a position, you need to consider several factors and determine critical background areas for the position. For line staff, suggested areasRead More →
Request for Transfer or Voluntary Demotion
Available online at http://intranet.co.sanmateo.ca.us/hr/forms/ or from your department Payroll/Personnel Specialist Read More →
Sample 4/10 and/or 9/80 Work Schedule Agreement
Prior to implementing any alternate work schedules, please call Employee & Labor Relations to discuss advanced written notice to the union(s) and meet & conferRead More →
Sample Acknowledgment and Acceptance Letter
– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE: EMPLOYEE’S NAME HOME STREET ADDRESS CITY, STATE ZIP CODE Dear NAME: This letter will acknowledge theRead More →
Sample Assignment to Work at an Alternate Location Letter
Date Name Classification Department Dear Mr. Employee: Subject: Temporary Assignment to Work at a Different Location Effective immediately, you are temporarily assigned to work atRead More →
Sample Counseling Memo for Discourtesy
DATE: Day following Interview TO: Employee, Classification FROM: Name, Supervisor SUBJECT: Counseling on Discourtesy As a result of my meeting with a client yesterday, IRead More →
Sample Counseling Memo for Tardiness
DATE: Today’s Date TO: Name, Office Assistant II FROM: Name, Supervisor SUBJECT: Tardiness EMPLOYEE NAME, on (dates) you were tardy in your arrival to work.Read More →
Sample Employee Performance Report
Contact Employee & Labor Relations for the Fillable PDF form.Read More →
Sample Interview Questions
Please note these sample questions do not take into account the unique aspects of any given situation, and will undoubtedly need to be changed orRead More →
Sample Leave Restriction Letter
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE: Today’s Date TO: Employee, Classification FROM: Supervisor, Title SUBJECT: Letter of Warning and Leave Restriction This isRead More →
Sample Letter of Reprimand – Absenteeism
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – Date: To: Employee, Classification From: Supervisor, Title Subject: Letter of Reprimand This is an official Letter of ReprimandRead More →
Sample Letter of Reprimand for Discourtesy
– PRINT ON DEPARTMENTAL LETTERHEAD – Date: To: Supervisor From: Manager Subject: Letter of Reprimand This is an official Letter of Reprimand for Discourtesy. OnRead More →
Sample Letter of Warning for Waste Of County Time
– PRINT ON DEPARTMENTAL LETTERHEAD – Date: July 31, 2010 To: Janine Jones, Legal Office Services Supervisor From: Alan Smith, Legal Office Services Manager IIRead More →
Sample Notice to Union(s)
[DATE] [UNION PERSON] [UNION NAME] [ADDRESS] Dear [UNION PERSON]: We have been experiencing problems with weekend registrations in our customer service center. We are requiredRead More →
Sample Performance Improvement Plan #1
On DATE, we met to discuss your performance in the position of X. In that meeting, I brought to your attention my concerns regarding yourRead More →
Sample Performance Improvement Plan #2
EMPLOYEE NAME’S Performance Improvement Plan Jointly developed by (Employee’s Name) & (Supervisor’s Name) on (DATE). Improvement in these areas will lead to meeting all ofRead More →
Sample Performance Improvement Plan #3
(Name) (Classification) (Date) – Performance Improvement Plan Expectation Action Plan Means of Measurement Leadership – Grow the self-esteem and confidence of staff Reward good performanceRead More →
Sample Performance Improvement Plan #4
EMPLOYEE NAME’S Performance Improvement Plan DATE Cleanliness and organization of the Shop The workbench should be kept clean. A workbench is not a storage area.Read More →
Sample Pre-Evaluation Memo #1
Date: To: Employee, Classification From: Supervisor, Title Subject: Pre-evaluation Memo As you have not received a performance evaluation since 200X (or: As you recently movedRead More →
Sample Pre-Evaluation Memo #2
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – To: EMPLOYEE’S NAME, CLASSIFICATION From: SUPERVISOR’S NAME, CLASSIFICATION Date: [INSERT DATE] SUBJECT: Pre-Evaluation Memo As you have notRead More →
Sample Request for Extension of Probationary Period #1
– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Donna Vaillancourt, Director Human Resources Department 455 County Center, 5th Floor Redwood City, CA 94063 RE:Read More →
Sample Request for Extension of Probationary Period #2
– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Donna Vaillancourt, Director Human Resources Department 455 County Center, 5th Floor Redwood City, CA 94063 RE:Read More →
Sample Resignation Form
– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – Resignation of Employment This will document NAME’s decision to resign from HIS/HER probationary position of CLASSIFICATION effectiveRead More →
Sample Skelly Decision Letter – AWOL (Non-Punitive Discipline)
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Employee Address Dear Ms. Employee: Please take notice that you are issued a letter that equates toRead More →
Sample Skelly Decision Letter – Conduct (Non-Punitive Discipline)
– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee Name Classification (Hand-delivered) Dear Ms Employee: Please take notice that you are issued this disciplinary letterRead More →
Sample Skelly Decision Letter – Dismissal
– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee, Classification Home Address OR Hand-delivered Whenever Possible Home Address Dear Mr. Employee: Please take notice thatRead More →
Sample Skelly Decision Letter – Poor Performance
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – November 3, 2010 Employee Name Title Department Hand-delivered Dear Mr. Employee: Please take notice that it is theRead More →
Sample Skelly Intent Letter – Attendance (Non-Punitive Discipline)
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Name Classification Department (Hand delivered) Dear Mr. NAME: Please take notice that it is the intent ofRead More →
Sample Skelly Intent Letter – Conduct (Non-Punitive Discipline)
– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee Name Classification (Hand-delivered) Dear Ms. Employee: Please take notice that it is the intent of thisRead More →
Sample Skelly Intent to Dismiss Letter – Poor Performance
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – October 20, 2010 Employee Name Title Department Hand-delivered Dear Mr. Employee: Please take notice that it is theRead More →
Sample Skelly Letter of Intent – Dismissal
– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee, Classification Home Address OR Hand-Delivered whenever Possible Dear Mr. Employee: Please take notice that it isRead More →
Sample Supervisor Transition Memo
Print on Departmental Letterhead Date: January 29, 2010 To: NEW SUPERVISOR, CLASSIFICATION From: CURRENT SUPERVISOR, CLASSIFICATION Subject: Transition Memo As you will be taking overRead More →
Sample Termination Letter for Probationary Employee*
– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE NAME CLASSIFICATION DEPARTMENT Dear NAME: Due to your unsatisfactory performance as a CLASSIFICATION, you are beingRead More →
Scenarios and Recommended Action Steps
Scenario I – George is a Fiscal Office Assistant II who works from 8:00 5:00 with a one hour lunch. George drives his children to childcare in theRead More →
Seniority & Layoff
Some of the most commonly asked questions concerning the seniority and layoffs are listed below. This information is a guide, and individual situations should beRead More →
Should the employee be removed from the work area during the investigation?
In most circumstances, it is not necessary to do so. However, in some situations it may be appropriate for the accused employee to be awayRead More →
Special Performance Evaluations
For permanent employees, a performance evaluation may cover a period of less than one year. When a performance problem is identified, and counseling sessions fail toRead More →
Statement of Purpose
The purpose of the handbook is: To provide a basis for training all supervisors and managers in the basics of Employee & Labor Relations ToRead More →
Substandard Performance Evaluations
Employees who receive a substandard rating must be placed on a Special Review cycle. Performance Reports must be completed every 30-60 days until the employee eitherRead More →
Tardiness and Absenteeism
Correction of tardiness and absenteeism is one of the most complex and frustrating areas of Employee & Labor Relations for supervisors. Dealing with tardiness isRead More →
The Civil Service Appeal Process
The Civil Service Commission is a board of five electors of the County appointed by the Board of Supervisors to prescribe and administer the CivilRead More →
The Employee Assistance Program (EAP)
Claremont EAP is a confidential, short-term counseling service available to County employees and their families. The EAP offers 5 free counseling visits per incident, perRead More →
The Grievance Process
A grievance can be loosely defined as any concern or complaint raised by an employee. In this context, concerns/complaints may be raised about a wideRead More →
Timeliness of Performance Evaluations
Employee performance evaluations are to be completed annually for all permanent employees regardless of the length of service. For a probationary employee, performance evaluations areRead More →
Types of Leave and How They May Interconnect
Leave of Absence for Illness or Injury (Medical Leave) Leaves of absence for medical reasons or on account of illness or injury, which are notRead More →
What about a supervisor/manager referral?
Job Performance Referral: This is recommended when the employee’s work-related conduct or performance has deteriorated and an obvious problem exists that can benefit from therapeuticRead More →
What about an approved leave of absence?
As long as you are in a paid status, the time counts. Once you are in an unpaid status, the time you are out does notRead More →
What are a steward’s rights regarding attendance at meetings?
Stewards are entitled to reasonable paid official time (also called “release time”) to represent employees in investigations or at grievance meetings, to attend meetings whereRead More →
What are performance expectations?
Performance expectations are the standards for the position and the objectives for the individual employee, which need to be clearly communicated to employees. Expectations oftenRead More →
What are some examples of leave problems?
Tardiness – Everyone will arrive late to work on occasion due to unexpected traffic problems or unavoidable occurrences prior to leaving home. Tardiness becomes aRead More →
What are the guidelines for preparing for and presenting cases before the Civil Service Commission?
These are general guidelines, which may vary from case to case. The method of presenting individual cases will be decided in a meeting between theRead More →
What are the most common pitfalls?
The two primary pitfalls to avoid are (a) providing information to anyone not considered a “person with an interest” (California statute), and (b) providing positiveRead More →
What are the various work schedules?
Flexible Hours – This is a schedule where an employee works a five day per week schedule but does not work the traditional hours ofRead More →
What are your supervisory responsibilities during a probationary period?
You are responsible for communicating performance and conduct standards and expectations to the employee, monitoring their performance and conduct against those standards, and providing timelyRead More →
What can I do to avoid leave problems?
General Guidance Expectations – The most important step you can take is to clearly communicate your expectations to staff. Supervisors must clearly communicate to employeesRead More →
What can I do to encourage successful labor relations?
Be alert to the usual causes of potential grievances, and correct minor irritations promptly. Be familiar with the MOU(s) and other written policies/agreements. Do notRead More →
What conditions must be met for an employee to be eligible for FMLA/CFRA consideration?
In order for an employee to be eligible for FMLA/CFRA, the following conditions must be met: The employee must have been a permanent, probationary, temporaryRead More →
What do I do if an employee makes a threat to me and/or to anyone else?
The County does not tolerate violence in the workplace. Refer to the County’s Violence in the Workplace Policy found on the County Intranet. The safetyRead More →
What do I do if I suspect that an employee is under the influence of alcohol or drugs while at work?
Follow these recommended steps if you suspect that an employee is under the influence of alcohol or drugs while at work. Listed below are recommendedRead More →
What factors should be considered in deciding whether to offer alternative work schedules?
Listed below are some of the major factors to consider prior to implementing or approving any alternative work schedule: The size of the work unitRead More →
What guidelines should I follow?
We recommend that the following guidelines be followed in responding to employment questions: If you have any reason to believe that the person requesting informationRead More →
What happens if a position is changed from classified to unclassified?
If a filled classified position is changed to unclassified, it is considered a layoff subject to the provisions in the Civil Service Rules and MemorandaRead More →
What happens if a position is changed from unclassified to classified?
Section 14 of Civil Service Commission Rule XI states that the County may appoint, without examination, unclassified employees to classified positions under the following conditions:Read More →
What if I have the exact same seniority as another person – how is a tie broken?
Ties in seniority are resolved by the examination score for their present classifications, unless another method has been negotiated by your union. Check your MOURead More →
What if the allegation involves potential criminal activity away from work?
It is essential that supervisors and managers contact the County Counsel’s Office as soon as they become aware of an allegation that involves potential criminalRead More →
What is “prior notification,” and why is it required?
By statute and contract, unions have the right to be notified about planned changes in the terms and conditions of employment, and to meet andRead More →
What is “meet and confer?”
As part of the County’s relationship with the employee organizations, and as required by California law, management must provide reasonable advance written notice to employeeRead More →
What is “Reduced” or “Intermittent” FMLA/CFRA leave?
Depending on the specific medical condition, this leave may be taken in blocks of time or intermittently. The FMLA/CFRA gives covered employees the right toRead More →
What is a “Serious Health Condition”?
There are very specific circumstances under which an employee is entitled to FMLA/CFRA leave. Complex rules determine whether the employee or family member has aRead More →
What is a Leave of Absence for Illness or Injury (Medical Leave)?
Leaves of absence for a non-job incurred illness or injury may be granted for a maximum of twenty-six bi-weekly pay periods (one year). A medicalRead More →
What is a Parental Leave of Absence?
Parental leave allows employees, regardless of gender, to take a period of time not to exceed thirteen bi-weekly pay periods (six months) to fulfill parentingRead More →
What is a Personal Leave of Absence?
Employees can request a leave of absence for personal reasons for a period not to exceed thirteen bi-weekly pay periods (six months). The employee mayRead More →
What is Agency Shop?
MMB allows unions to negotiate a provision which requires all employees in the representation unit who are not dues-paying members to pay the union anRead More →
What is corrective action?
Corrective action is the process the supervisor begins when an employee’s performance or conduct is first identified as needing improvement. Normally, the first step inRead More →
What is disciplinary action?
Disciplinary action is taken when corrective action has not caused the employee to correct his/her performance or conduct to an acceptable level. Disciplinary action mayRead More →
What is documentation?
Any record that is kept regarding an employee’s performance or conduct – whether they pertain to accomplishments or areas of concern. Documentation may consist ofRead More →
What is Family and Medical Leave (FMLA)?
Every medical leave of absence must be evaluated to determine whether or not it meets the criteria for Family and Medical Leave Act (FMLA) andRead More →
What is non-punitive discipline?
Non-punitive discipline is a program that replaces unpaid suspensions with a disciplinary letter that equates to a suspension, thereby establishing that there has been previousRead More →
What is progressive discipline?
When an arbitrator decides whether to sustain or overturn a disciplinary action, he/she considers a number of factors. One of those factors is whether theRead More →
What is seniority?
Seniority is the number of hours you have worked for the County.Read More →
What is the benefit to me as a supervisor?
Many times, simply documenting and sharing problems with employees often helps to resolve them. You cannot expect improvement on an employee’s part if you doRead More →
What is the difference between a union business agent and a steward?
Unions generally have paid employees known as “business agents,” “field representatives,” “labor representatives,” “worksite organizers,” etc. These individuals are employed and paid by the union.Read More →
What is the difference between leave without pay, and absence without leave?
Leave without pay (LWOP) is considered approved leave. If an employee requests time off and the request is approved, but the employee does not haveRead More →
What is the difference between performance and conduct?
In general, performance relates to the quantity, quality, accuracy, and timeliness of work products. Conduct issues relate to compliance with work rules. Performance problems usuallyRead More →
What is the first step of the grievance process?
Step 1 involves the employee, with or without a union representative/steward, meeting with a management representative in his/her department to attempt to resolve the grievance.Read More →
What is the fourth step of the grievance process?
The fourth and last step of the grievance process is arbitration. If the Adjustment Board is unable to reach a majority decision, or the partiesRead More →
What is the investigatory file used for?
The materials in the file will be reviewed to determine whether there is sufficient proof to sustain the allegation and, if so, to determine whatRead More →
What is the manager’s role in employee investigations?
Depending on the level of the employee alleged to have committed the misconduct and the nature of the alleged infraction, the manager may personally conductRead More →
What is the role of a union?
MMB provides employees the right to choose a union to represent them in matters of wages, hours and other terms and conditions of employment. MMBRead More →
What is the second step of the grievance process?
In order to move a grievance to Step 2, an employee or union representative must write to Employee & Labor Relations or the Human ResourcesRead More →
What is the supervisor’s responsibility if the workplace allegation involves potential criminal action?
Document the allegation accurately and completely. Take careful, legible notes of what the complainant says, your own follow-up questions, and the answers to these questions.Read More →
What is the supervisor’s responsibility in suggesting the EAP to an employee?
A vital part of the supervisor/manager’s responsibility is to correct performance or conduct that negatively impacts either the employee or the workplace. Discipline, and theRead More →
What is the supervisor’s responsibility in the area of employee investigations?
Receive the Complaint Explain procedures. Tell the complainant that the matter will be promptly investigated and explain your procedures for investigation. Mention that someone elseRead More →
What is the supervisor’s responsibility regarding employee conduct?
First, you must clearly communicate your expectations. Employees must know that they are expected to arrive for work on time, return promptly from breaks, followRead More →