
This Handbook is to be used as an aid and guide. It is not, however, a replacement for the advice and guidance available from Employee & Labor Relations.
Each section covers an area of inquiry with a brief introduction, then answers the questions most frequently asked of Employee & Labor Relations by supervisors and managers. Links provided throughout will take you to sample letters and other documents, such as County policies.
Our purpose is to make the handbook as complete as possible, so please call Employee & Labor Relations if there is an issue you would like addressed in this Handbook, and we may incorporate it in a future update.
You can find contact information for your department’s Employee & Labor Relations representative, as well as access the current Memoranda of Understanding, “Rules of the Civil Service Commission” and “Employer-Employee & Labor Relations Policy” via PDF, by visiting us online at https://www.smcgov.org/hr/employee-and-labor-relations.
01. Statement of Purpose
-
01. Documentation
-
A. What is documentation?
-
B. What should be documented?
-
C. What is the benefit to me as a supervisor?
-
D. Itinerary for management review of supervisors
-
E. Description of files to be maintained
-
Example #1: Probationary Rejection for Attendance
-
Example #2: Probationary Extension due to Performance
-
Example #3: “Special” Below Standard Evaluation
03. Probationary Periods
-
01. Probationary Periods
-
A. Who serves a probationary period?
-
B. How long are probationary periods?
-
C. What are your supervisory responsibilities during a probationary period?
-
D. Can a probationary period be extended?
-
E. How does an employee become permanent?
-
F. How are employees notified that they have failed to pass their probationary period?
-
G. Can an employee transferring to another department be required to complete a new probationary period?
-
H. Can an employee grieve or appeal a probationary dismissal?
-
I. Can a probationary employee take vacation time?
-
Sample #1 Sample Request for Extension of Probationary Period #1
-
Sample #2 Sample Request for Extension of Probationary Period #2
-
Sample #3 Sample Termination Letter for Probationary Employee*
-
Sample #4 Request for Transfer or Voluntary Demotion
-
Sample #5 Sample Resignation Form
-
Sample #6 Sample Acknowledgment and Acceptance Letter
04. Introduction to Performance and Conduct
05. The Skelly Process
06. Performance
-
01. Performance
-
A. What is the supervisor’s responsibility regarding employee performance?
-
B. What are performance expectations?
-
Sample Performance Improvement Plan #1
-
Sample Performance Improvement Plan #2
-
Sample Performance Improvement Plan #3
-
Sample Performance Improvement Plan #4
-
C. What is the process for preparing an employee performance evaluation?
-
D. What should be done if an employee is not meeting performance expectations?
-
E. How does the supervisor know what to do next, and when to do it?
-
01. Flowchart for Performance Evaluations
-
02. Sample Pre-Evaluation Memo #1
-
03. Sample Pre-Evaluation Memo #2
-
04. Sample Supervisor Transition Memo
-
05. Sample Employee Performance Report
-
06. Sample Skelly Intent to Dismiss Letter – Poor Performance
-
07. Sample Skelly Decision Letter – Poor Performance
07. Conduct
-
01. Conduct
-
A. What is the supervisor’s responsibility regarding employee conduct?
-
B. What should be done if an employee does not adhere to conduct expectations?
-
C. How does the supervisor know what to do next, and when to do it?
-
D. What is progressive discipline?
-
Non-Punitive Discipline Program Description
-
Sample Counseling Memo for Discourtesy
-
Sample Letter of Warning for Waste of County Time
-
Sample Letter of Reprimand for Discourtesy
-
Sample Skelly Intent Letter – Conduct (Non-Punitive Discipline)
-
Sample Skelly Decision Letter – Conduct (Non-Punitive Discipline)
-
Sample Skelly Letter of Intent – Dismissal
-
Sample Skelly Decision Letter – Dismissal
08. Conducting Employee Investigations
-
01. Conducting Employee Investigations
-
A. What is the supervisor’s responsibility in the area of employee investigations?
-
B. Should the employee be removed from the work area during the investigation?
-
C. What is the supervisor’s responsibility if the workplace allegation involves potential criminal action?
-
D. What is the supervisor’s responsibility when the alleged misconduct is of a non-criminal nature?
-
E. What if the allegation involves potential criminal activity away from work?
-
F. Is the employee entitled to Union representation during administrative interviews?
-
G. What is the investigatory file used for?
-
H. What is the manager’s role in employee investigations?
-
I. What do I do if I suspect that an employee is under the influence of alcohol or drugs while at work?
-
J. What do I do if an employee makes a threat to me and/or to anyone else?
-
Report of Incident or Unsafe Condition
-
Sample Interview Questions
-
Sample Assignment to Work at an Alternate Location Letter
-
Objective Signs of Impairment
09. Tardiness and Absenteeism
-
01. Tardiness and Absenteeism
-
A. What can I do to avoid leave problems?
-
B. How does a supervisor address leave problems?
-
C. What are some examples of leave problems?
-
D. What is the difference between leave without pay, and absence without leave?
-
E. Must vacation leave be approved when an employee is tardy?
-
F. Is an employee entitled to use vacation leave whenever it is requested, if they have a balance of vacation hours?
-
G. Must every request for sick leave be approved?
-
H. When can a supervisor request a doctor’s note?
-
I. Does an employee have to provide a release to work after every illness?
-
J. If an employee brings in doctor’s notes as required, is there anything a supervisor can do about excessive unscheduled absences?
-
K. How do I determine whether an employee’s attendance constitutes “excessive absenteeism”?
-
L. Can an employee use other accrued leave in lieu of sick leave to cover unplanned medical absences?
-
Sample Counseling Memo for Tardiness
-
Sample Letter of Warning
-
Sample Letter of Reprimand – Absenteeism
-
Sample Skelly Intent Letter – Attendance (Non-Punitive Discipline)
-
Sample Skelly Decision Letter – AWOL (Non-Punitive Discipline)
10. The Employee Assistance Program (EAP)
-
01. The Employee Assistance Program (EAP)
-
A. How can an employee use the services of the EAP?
-
B. What is the supervisor’s responsibility in suggesting the EAP to an employee?
-
C. What about a supervisor/manager referral?
-
D. Must an employee attend EAP if referred?
-
E. How is an EAP referral made?
-
Management Referral Guidelines
11. Overview – Grievances and Appeals
12. The Grievance Process
13. The Civil Service Appeal Process
-
01. The Civil Service Appeal Process
-
A. What issues may be appealed to the Commission?
-
B. How does the Commission handle appeals?
-
C. What are the guidelines for preparing for and presenting cases before the Civil Service Commission?
-
Appeals of Substandard Performance Evaluations
-
Appeals of Disciplinary Actions
14. Classified and Unclassified Employment
-
01. Classified and Unclassified Employment
-
A. Why are positions unclassified?
-
B. Who decides what positions are unclassified?
-
C. Measure D
-
D. Why are there classified and unclassified employees in the same jobs?
-
E. How are people hired into the unclassified service?
-
F. What happens if a position is changed from classified to unclassified?
-
G. What happens if a position is changed from unclassified to classified?
-
H. Can a person in an unclassified position take County examinations for classified positions? Can they take promotional examinations?
-
I. If a person is in an unclassified position can they transfer to classified positions?
-
J. If a person in a classified position wants to take an unclassified position, what happens?
-
K. Do health benefits for classified employees differ from those of unclassified employees?
-
L. Do retirement benefits or obligations for classified employees differ from those of unclassified employees?
-
Classified and Unclassified Employees –Comparison of Terms and Conditions of Employment
15. Seniority & Layoff
-
01. Seniority & Layoff
-
A. What is seniority?
-
B. How is seniority calculated? What hours are included in seniority?
-
C. Does overtime count toward seniority?
-
D. Does FMLA time count towards seniority?
-
E. Does time on workers’ compensation count towards seniority?
-
F. Does Extra Help time count? What if I “bought my extra help time?
-
G. Does unclassified service count towards seniority?
-
H. What about an approved leave of absence?
-
I. How does voluntary time off (VTO) affect seniority?
-
J. Why do I have less seniority than someone who was hired after me?
-
K. What if I have the exact same seniority as another person – how is a tie broken?
-
L. 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?
-
M. Does my probationary status affect my seniority?
-
N. How are layoffs determined?
-
O. How does unclassified service impact seniority?
-
Process for Employees at Risk of Layoff
-
Post-Employment Rights
16. Work Schedule
17. Leaves of Absence
-
01. Leave of Absence
-
A. If a Leave of Absence is approved, do I have to hold the employee’s position vacant?
-
B. What is a Leave of Absence for Illness or Injury (Medical Leave)?
-
C. What is Family and Medical Leave (FMLA)?
-
D. What conditions must be met for an employee to be eligible for FMLA/CFRA consideration?
-
E. What is a Parental Leave of Absence?
-
F. What is a Personal Leave of Absence?
-
G. Can employees combine different types of leaves of absence?
-
H. How are leaves of absence approved and how are the forms processed?
-
I. What process is used when an employee returns to work after a leave of absence?
-
Types of Leave and How They May Interconnect
-
Leave of Absence Request Form
18. Labor Relations
-
01. Labor Relations
-
A. What is the role of a union?
-
B. What is the difference between a union business agent and a steward?
-
C. What are a steward’s rights regarding attendance at meetings?
-
D. When is an employee entitled to union representation at a meeting with their supervisor?
-
E. How do stewards request release time, and must it always be granted?
-
F. What is “prior notification,” and why is it required?
-
G. What is “meet and confer?”
-
“Meet and Confer” Flowchart
-
H. What can I do to encourage successful labor relations?
-
Sample Notice to Union(S)
-
Positions Represented by Unions
19. Reference Checks
Bulletins
-
Bulletin 1: Material Relied On
-
Bulletin 2: Skelly Process
-
Bulletin 3: Personnel Files
-
Bulletin 4: Appeals Before the Civil Service Commission
-
Bulletin 5: Dealing with the Impaired Employee
-
Bulletin 6: Performance Objectives, Standards and Evaluations
-
Bulletin 7: Inter-Departmental Transfers (Probationary Periods)
-
Bulletin 8: Employees’ Right to Representation
-
Bulletin 9: Work-Out-Of-Class
-
Bulletin 10: Non-Punitive Discipline Program
-
Bulletin 11: Investigating Employee Complaints
-
Bulletin 12: Use of Vacation or Other Accrued Leave in Lieu of Sick Leave
-
Bulletin 13: Rest Breaks
-
Bulletin 14: AB 1008 “Ban the Box” Expansion – Changes in Hiring Procedures Regarding Criminal History Consideration
-
Bulletin 15: Denial of Merit Increases
-
Bulletin 16: Assignment to Work at a Different Location (Formerly Called Administrative Leave)
-
Bulletin 17: Vacation Time for Probationary Employees
-
Bulletin 18: Alternate Work Schedules
-
Bulletin 19: Family School Partnership Act
-
Bulletin 20: Alternate Work Schedules
-
Bulletin 21: Medical Statements
-
Bulletin 22: Bereavement Leave
-
Bulletin 23: Contracting Out
-
Bulletin 24: Guidance: “Meet and Confer” Obligations and Process
-
Bulletin 25: Reference Checks
-
Bulletin 26: Breaks for Nursing Mothers
