01. Background
The Skelly decision (Skelly vs. California Personnel Board) determined that a permanent public employee has a property interest in their job, which is protected byRead More →
01. 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 →
01. 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 →
01. 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 →
01. Documentation
Documentation is used for: Documentation should: Documentation should not:Read More →
01. Flowchart for Performance Evaluations
(Not for Probationary Employees)Read More →
01. Introductions to Performance and Conduct
Employee expectations fall into two categories – Performance and Conduct. Performance : Conduct: There are times when performance and conduct expectations “cross paths”. For example, aRead More →
01. 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 →
01. Leave of Absence
There are several kinds of leaves of absence, and each has prerequisites, time limits, and limited bases upon which it can be granted. The purposeRead More →
01. 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 →
01. 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 →
01. 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 →
01. 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 →
01. 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 →
01. 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 →
01. 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 →
01. 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 →
02. 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 202X (or: As you recentlyRead More →
03. 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 →
03. You have been assigned to be a Skelly Hearing Officer…
Your role is to listen to the employee and ask clarifying questions in order to get the full story from their perspective. This gives theRead More →
04. Sample Supervisor Transition Memo
Print on Departmental Letterhead Date: January 29, 2025 To: NEW SUPERVISOR, CLASSIFICATION From: CURRENT SUPERVISOR, CLASSIFICATION Subject: Transition Memo As you will be takingRead More →
05. Sample Employee Performance Report
Contact Employee & Labor Relations for the Fillable PDF form.Read More →
06. Sample Skelly Intent to Dismiss Letter – Poor Performance
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – October 20, 2025 Employee NameTitleDepartment Hand-delivered Dear Mr. Employee: Please take notice that it is the intent ofRead More →
07. Sample Skelly Decision Letter – Poor Performance
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – November 3, 2025 Employee NameTitleDepartment Hand-delivered Dear Mr. Employee: Please take notice that it is the decision ofRead More →
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 →
A. 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: Claremont EAP offers referrals to screened resources for legal orRead More →
A. 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 →
A. Rest Breaks
It is clear that providing rest breaks is beneficial to both workers and the County. Full-time workers are allowed one fifteen-minute rest break prior toRead More →
A. The 3 Phases of the Skelly Process
1. The Intent Letter What is it? This Skelly letter informs the employee of the intent to take a disciplinary action. It sets forth theRead More →
A. What can I do to avoid leave problems?
A. What can I do to avoid leave problems? General Guidance In setting and communicating leave expectations, you need to be prepared to answer theRead More →
A. What guidelines should I follow?
We recommend that the following guidelines be followed in responding to employment questions:Read More →
A. 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 →
A. What is seniority?
Seniority is the number of hours you have continuously worked for the County in a regular position.Read More →
A. 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 →
A. 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 their department to attempt to resolve the grievance.Read More →
A. What is the role of a union?
MMBA provides employees the right to choose a union to represent them in matters of wages, hours and other terms and conditions of employment. MMBARead More →
A. 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 →
A. 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 →
A. What is the supervisor’s responsibility regarding employee performance?
First, clearly communicate your expectations. These expectations may include written performance standards for the position, as well as specific objectives for the individual employee. IfRead More →
A. What issues may be appealed to the Commission?
Employees or applicants may appeal the results of a recruitment that are below passing, and only if they allege bias, discrimination, or fraud in theRead More →
A. Who serves a probationary period?
Employees who are appointed to a classified position undergo a probationary period. Employees who promote, demote, or transfer to another department may also serve aRead More →
A. Why are positions unclassified?
Section 502.b of the County Charter provides that a variety of positions are unclassified to facilitate administration of County functions. Unclassified employees are considered at-willRead 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 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 →
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 →
B. 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 →
B. 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 →
B. 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 →
B. 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 →
B. 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 →
B. 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 →
B. 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 →
B. 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 →
B. What is the difference between a union business agent and a steward?
Unions generally have paid employees known as “business agents,” “union representatives,” “labor representatives,” “worksite organizers,” etc. These individuals are employed and paid by the union.Read More →
B. 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 →
B. 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 →
B. What other facts do I need to know?
California statute provides a qualified privilege for information given to potential employers or licensing agencies who contact the County seeking information. A qualified privilege meansRead More →
B. What should be documented?
You should document BOTH the positive and negative issues that come to your attention:Read More →
B. What should be done if an employee does not adhere to conduct expectations?
The first step is to conduct an investigation. If you have personally observed the misconduct (e.g. an employee arrives late for work), the investigation mayRead More →
B. Who decides what positions are unclassified?
Section 502 of the County Charter designates all positions as classified unless they are specifically exempted. The positions that are exempted are:Read More →
B. Why do we make a distinction between performance and conduct?
Conduct and performance are handled differently in terms of the corrective action process. You should always contact Employee & Labor Relations when there is anyRead 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 →
Bulletin 1: Material Relied On
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 2015 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations Manager SUBJECT:Read More →
Bulletin 10: Non-Punitive Discipline Program
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 11: Investigating Employee Complaints
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 12: Use of Vacation or Other Accrued Leave in Lieu of Sick Leave
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 13: Rest Breaks
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: March 22, 2022 TO: All Management Employees FROM: Michelle Kuka, Deputy Director of Human ResourcesRead More →
Bulletin 14: AB 1008 “Ban the Box” Expansion – Changes in Hiring Procedures Regarding Criminal History Consideration
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: December 2017 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations Manager SUBJECT:Read More →
Bulletin 15: Denial of Merit Increases
DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations Manager SUBJECT: Employee Relations Bulletin 15 Denial of Merit IncreasesRead More →
Bulletin 16: Assignment to Work at a Different Location (Formerly Called Administrative Leave)
During negotiations and while working with managers on Employee Relations cases, we have had many questions regarding removing employees from the workplace during an investigationRead More →
Bulletin 17: Vacation Time for Probationary Employees
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 18: Alternate Work Schedules
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 19: Family School Partnership Act
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 2: Skelly Process
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 2015 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations Manager SUBJECT:Read More →
Bulletin 20: Alternate Work Schedules
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 21: Medical Statements
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 22: Bereavement Leave
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 23: Contracting Out
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 24: Guidance: “Meet and Confer” Obligations and Process
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 25: Reference Checks
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 26: Breaks for Nursing Mothers
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 3: Personnel Files
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 2015 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations Manager SUBJECT:Read More →
Bulletin 4: Appeals Before the Civil Service Commission
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 2015 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations Manager SUBJECT:Read More →
Bulletin 5: Dealing with the Impaired Employee
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 2015 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations Manager SUBJECT:Read More →
Bulletin 6: Performance Objectives, Standards and Evaluations
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2015 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 7: Inter-Departmental Transfers (Probationary Periods)
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 8: Employees’ Right to Representation
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21, 2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations ManagerRead More →
Bulletin 9: Work-Out-Of-Class
COUNTY OF SAN MATEO HUMAN RESOURCES DEPARTMENT Inter-Departmental Correspondence DATE: April 21,2014 TO: All Management Employees FROM: Nicole McKay, Employee & Labor Relations Manager SUBJECT:Read More →
C. Does overtime count toward seniority?
No, overtime does not count as seniority hours.Read More →
C. 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 →
C. 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 →
C. What about a supervisor/manager referral?
This is recommended when the employee’s work-related conduct or performance has deteriorated, and an obvious problem exists that can benefit from therapeutic intervention. For example,Read More →
C. 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 →
C. 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 →
C. 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 →
C. 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 →
C. 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 →
C. 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 →
C. 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 →
C. What is the process for preparing an employee performance evaluation?
The evaluation process contains the following five steps: Step 1 – Regular Feedback Sessions Supervisors and managers should meet with all of their employees onRead More →
C. 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 →
C. What is the third step of the grievance process?
If the parties are unable to resolve the grievance after the Step 2 meeting, the union can advance the grievance to an Adjustment Board (StepRead 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 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 recruitmentand hiring is carried out. Not coveredRead 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 →
D. 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 →
D. 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 →
D. Itinerary for management review of supervisors
With regards to documentation, managers need to ensure that each supervisor has established a file for each of their own direct reports that contains:Read More →
D. Must an employee attend EAP if referred?
No. The decision to attend the EAP is entirely the employee’s decision. The fact that an employee has been given the opportunity will be anRead More →
D. 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: What is a “Serious Health Condition”? There are veryRead More →
D. What factors should be considered in deciding whether to offer alternative work schedules or telework?
Listed below are some of the major factors to consider prior to implementing or approving any alternative work schedule or telework: Individual and group performanceRead More →
D. What is disciplinary action?
Disciplinary action is taken when corrective action has not caused the employee to correct their performance or conduct to an acceptable level. Disciplinary action mayRead More →
D. What is progressive discipline?
When an arbitrator decides whether to sustain or overturn a disciplinary action, they consider a number of factors. One of those factors is whether theRead More →
D. 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 →
D. 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 →
D. What is the supervisor’s responsibility when the alleged misconduct is of a non-criminal nature?
In all other cases where there is an allegation of serious (but not criminal) misconduct, the County Executive expects you to contact Employee & LaborRead More →
D. What should be done if an employee is not meeting performance expectations?
First, contact Employee & Labor Relations to discuss the case and develop a strategy. Please see Flowchart for Performance Evaluations for the typical process. EachRead More →
D. When is an employee entitled to union representation at a meeting with their supervisor?
The “Weingarten” decision states that an employee is entitled to representation at any meeting where an investigatory interview is being conducted or where the employeeRead More →
D. Why are there classified and unclassified employees in the same jobs?
This occurs when some employees are performing ongoing work and other employees are hired to perform similar work for a limited duration or under 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 →
E. 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 →
E. 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 →
E. 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, butRead More →
E. 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 →
E. 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 →
E. 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 →
E. How is an EAP referral made?
The following information from Claremont EAP describes the procedures used in accessing EAP services.https://www.smcgov.org/hr/employee-assistance-program-eapRead More →
E. 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 →
E. 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 →
E. What if the allegation involves potential criminal activity away from work?
It is essential that supervisors and managers contact the County Attorney’s Office as soon as they become aware of an allegation that involves potential criminalRead More →
E. 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 →
E. 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 →
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 #1: Probationary Rejection for Attendance
Supervisory Notes – Jill Smith Administrative Assistant I (1040 hours probationary period) [PROBATIONARY REJECTION FOR ATTENDANCE] 9/10/25 (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 #2: Probationary Extension due to Performance
Supervisory Notes – Jon Jones Community Worker II (1040 hours probationary period) [PROBATIONARY EXTENSION DUE TO PERFORMANCE] 8/6/25 (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 →
Example #3: “Special” Below Standard Evaluation
Supervisory Notes – Alice Doe file Administrative Secretary III [“SPECIAL” BELOW STANDARD EVALUATION] 1/8/25 (Monday, 9 a.m.) – I met with Alice who laterally transferredRead More →
F. 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 →
F. 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 they are being rejected during their probationary period. See Sample RejectionRead More →
F. 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 →
F. 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 they request it.Read More →
F. 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 →
F. 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 →
F. 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 →
G. 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 states thatRead More →
G. Can employees combine different types of leaves of absence?
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 →
G. Does unclassified service count towards seniority?
Unclassified time does not count towards seniority.Read More →
G. 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. If you believe that theRead More →
G. 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 →
G. 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 →
G. 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 →
H. Can a person in an unclassified position take County examinations for classified positions? Can they 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 →
H. 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 they allege and substantiateRead More →
H. How are leaves of absence approved and how are the forms processed?
The employee should submit a “Leave of Absence Request Form” via Workday to their supervisor, who will review the request, approve the form, and itRead More →
H. 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 →
H. 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 →
H. When can a supervisor request a doctor’s note?
The MOUs and the Ordinance Code provide management the right to require a healthcare provider’s statement or make whatever other investigation into the circumstances ofRead 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 →