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, per rolling 12 months for almost any personal issue. Claremont EAP can be reached at 1-800-834-3773. Counselors are available to help clients sort out problems, develop an action plan, and take positive steps towards the desired outcome.Read More →
– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee Name Classification (Hand-delivered) Dear Ms Employee: Please take notice that you are issued this disciplinary letter that equates to a thirty-day suspension. Although you will not miss work or have your pay docked, this non-punitive disciplinary action carries the weight, in terms of progressive discipline, as if you had been actually suspended without pay. The grounds upon which this disciplinary action is being taken are in accordance with Section 4 of Civil Service Commission Rule XIII as follows: G. Through willful misconduct, causing damage to public property or waste of public supplies, or waste of publicRead More →
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 therapeutic intervention. For example, an employee may have a pattern of absences suggesting a drug or alcohol problem, or an employee’s emotional state may indicate the need for professional assistance. This referral may provide employees with additional covered visits, and can be done on County time. Time spent at visits is coded as normal working hours.Read More →
The following information from Claremont EAP describes the procedures used in accessing EAP services. Job Performance Referral Management Guidelines Management Consultation The EAP provides a valuable and confidential service to the manager who may have concerns regarding an employee’s unsatisfactory job performance or conduct. It is the goal of the EAP Consultant to help clarify the issues and coach the manager through the appropriate course of action. Job Performance Referral Document all observable behavior that is inconsistent with established work standards, or the employee’s usual satisfactory work performance. Call Claremont EAP at 1-800-834-3773 for a consultation to determine the appropriateness of a formal Job PerformanceRead More →
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 drug problems Co-alcoholic or co-drug problems (any person close to a substance-troubled person and being affected by that illness) Stress Cultural adjustment Crisis Other personal problems Claremont EAP offers referrals to screened resources for legal or financial problems. If referred to an attorney or financial planner, the employee is responsible for the cost.Read More →
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 the steps that lead to discipline (counseling, counseling confirmed in writing, corrective action plans, specials reviews, etc.) should always be considered steps to bring the employee back into a productive and healthy course of employment. Any corrective action letter or disciplinary letter (except dismissal) given to an employee should advise the employee of the services available through the EAP. Claremont EAP is an effective resource to assist supervisors and managers to correct employee problems by offering counseling to the employee. Managers/supervisorsRead More →
DATE: Day following Interview TO: Employee, Classification FROM: Name, Supervisor SUBJECT: Counseling on Discourtesy As a result of my meeting with a client yesterday, I became aware that you had raised your voice and stated that you had lost your patience with her. When I spoke to you about this, you indicated that you had indeed become frustrated with the client and may have been harsher than you intended. You also stated that the client had been here twice before and continued to fail to bring the documentation you requested of her. Although clients can be difficult at times, it is your responsibility to maintainRead More →
– PRINT ON DEPARTMENTAL LETTERHEAD – Date: To: Supervisor From: Manager Subject: Letter of Reprimand This is an official Letter of Reprimand for Discourtesy. On (date), while in a public forum, you raised your voice towards one of your direct reports. This is unprofessional and will not be tolerated from a supervisor. In addition to staff reporting this incident to me, a patient phoned to report that they were upset by how you treated the employee. You advised me that you were not pleased with this employee and that you did raise your voice because you felt that was the only way to get throughRead More →
– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee Name Classification (Hand-delivered) Dear Ms. Employee: Please take notice that it is the intent of this office to issue you a disciplinary letter equating to a thirty-day suspension. Although you will not miss work or have your pay docked, this non-punitive disciplinary action carries the weight, in terms of progressive discipline, as if you had been actually suspended without pay. The grounds upon which this disciplinary action is being proposed are in accordance with Section 4 of Civil Service Commission Rule XIII as follows: G. Through willful misconduct, causing damage to public property or waste ofRead More →
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. On those dates, I counseled you regarding the need to be at your desk ready to begin work at 8:00. Since then, you have been tardy on DATE and on DATE. Your late arrival adversely impacts our ability to serve our clients and can no longer be tolerated. It is your responsibility to arrive to work on time. My expectation is that you have no tardies in excess of 15 minutes, and no more than two tardies of 15 minutesRead More →
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Employee Address Dear Ms. Employee: Please take notice that you are issued a letter that equates to a two-day suspension. Although you will not miss work or have your pay docked, this non-punitive disciplinary action carries the weight, in terms of progressive discipline, as if you had actually been suspended without pay for two working days. The grounds upon which this disciplinary action is being taken are in accordance with Section 4 of Civil Service Commission Rule XIII as follows: A: Absence without Leave. Absence without leave shall mean any time an employee is absent from theRead More →
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 (to same class) Voluntary Separation (EE resigns) Automatically placed on reemployment list for one year (can extend for an additional year, upon request) – CSR XVI (6) and MOUs If rehired from reemployment list (CSR XVI (6)): Sick leave balance restored Vacation accrual rate restored Seniority restored Automatically placed on reemployment list for one year (can extend for an additional year, upon request) – CSR XVI (6) Taking severance invalidates all other employment rights, including seniority (CSR XVI (6)) Automatically placedRead More →
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 wide variety of issues, such as building temperature, workload, or denial of a requested change in assignment or location. Supervisors should give a fair hearing to employees raising such complaints, and, if appropriate, discuss possible resolutions with their managers. Listening to and attempting to promptly resolve employee complaints is an essential step in maintaining high morale and positive employee-supervisory relations. In order to feel part of a productive team, employees need to know that they can raise concerns/complaints without fear ofRead More →
ACTION APPEALABLE GRIEVABLE Ratings of Oral Board YES NO Classification of Position Results of Classification Study Denial of request to conduct a Classification Study YES NO NO YES Performance Evaluations – Permanent Classified Employees (Only when overall rating is “Improvement Needed or Unsatisfactory”) YES NO Rejection of Probationer (Only when substantiated in writing that the decision was based on discrimination) YES NO Disciplinary Action (Dismissal/Demotion/Suspension/Non-Punitive Discipline) YES YES Corrective Action (Counseling memo, Confirmation memo, Letter of Warning, Letter of Reprimand) NO NO MOU Violation NO YES Read More →
Employee performance evaluations are to be completed annually for all permanent employees regardless of the length of service. For a probationary employee, performance evaluations are to be issued according to the timelines listed below based upon the probationary period: Probationary period Timeframe of Performance Evaluations 6 months Prior to end of the 3rd and 6th months 9 months Prior to the end of the 3rd, 6th, and 9th months 12 months Prior to the end of the 3rd, 6th, and 12th months 18 months Prior to the end of the 3rd, 6th, 12th, and 18th months Read More →
(Name) (Classification) (Date) – Performance Improvement Plan Expectation Action Plan Means of Measurement Leadership – Grow the self-esteem and confidence of staff Reward good performance in a timely, specific manner Speak positively about the Dept and its members, both within the Dept and with outside contacts Hold regular 1:1 update meetings with staff Promote interdependence and cohesiveness in the team Remind individuals of their unique contributions Use a problem-solving orientation when individuals make mistakes Think and act in a professional manner, utilizing diplomacy and tact Let staff have input about the method and means to complete a given task Collaborate with colleagues, attend courses DoesRead More →
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 of the expectations of a(n) CLASSIFICATION. When that is accomplished, “stretch” opportunities can be offered. Areas for Improvement Performance Improvement Plan Quality of Work Think: “Am I doing this the most efficient way possible?” Work smarter, not harder, to reduce the time spent on less critical issues. Proofread written documentation (i.e. emails, memos, letters) for clarity, errors and/or omissions prior to submission. Quantity of Work Set timelines for tasks (milestones, deadlines) and track progress. Submit weekly status report for each projectRead More →
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. Should the above interviews indicate that discipline is warranted, the Skelly Intent Letter will be written and signed by a manager who has reviewed the facts and supports the proposed discipline. A Skelly officer will be appointed to hear the employee’s response. He/she can be the Department Head, the Assistant Department Head, or any other manager not involved in the decision to issue the Skelly Intent Letter. This same reviewer would also consider any written statement submitted by the employee.Read More →
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 is not meeting a numeric quota of productivity. Performance An employee was rude to a coworker/customer. Conduct An employee’s work has frequent mistakes in it. Performance An employee has a “bad attitude.” Neither – Managers must identify observable behavior. Read More →
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 substantiates in writing that the rejection was due to discrimination.Read More →
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 the employee be placed in a permanent status. However, know that absent any action from the supervisor or manager to extend the employee’s probationary period or reject him/her during probation, the employee will automatically become permanent upon completion of the prescribed probationary period.Read More →
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 is the initial probationary period for an employee, the employee leaves County employment. Typically, the probationary employee is given the option to change the probationary rejection to a resignation within a specified amount of time. If this probationary period is being served due to a promotion, demotion or transfer, the employee may be entitled to return to their former classification. If the employee has the right to return to a previous classification they held with the County, the letter will alsoRead More →
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 already established at 2,080 or 3,120 hours (18 months of full-time service) for the classification cannot be extended. If a probationary employee is exhibiting conduct problems (e.g., discourtesy, has numerous unscheduled absences including tardies, misuses the Internet,) the recommendation is usually probationary rejection rather than extending the probationary period. Extending a probationary employee’s probationary period is more appropriate when there are performance-related concerns that may be overcome with a longer period of training and observation by the supervisor to assess theRead More →
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.” The American Federation of State, County and Municipal Employees (AFSCME) MOU states “No vacation will be permitted prior to the completion of thirteen (13) biweekly pay periods of service. Such service includes time in an extra-help status provided that there has not been a break in service…” Most of the other union contracts have language similar to the Ordinance Code. We recommend vacation requests in most cases be denied for new County employees who have not previously worked in anyRead More →
Employees who are appointed to a classified position undergo a probationary period. Employees who promote, demote, or transfer to another department may also serve a new probationary period. Extra help, temporary, provisional, and unclassified employees DO NOT undergo a probationary period.Read More →
You are responsible for communicating performance and conduct standards and expectations to the employee, monitoring their performance and conduct against those standards, and providing timely feedback to him/her. You are expected to meet with all employees you supervise. The frequency of these supervision meetings will depend upon each employee and your training program. When conduct and/or performance issues arise, you need to address any concerns with the employee in private and promptly. If corrective action (verbal counseling) does not result in an immediate and sustained improvement by the employee, you should consult with your manager and contact your Employee & Labor Relations representative for furtherRead More →
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 that employees who transfer to a position in the same classification, but into another department, may be required by the gaining department head to start a new probationary period. You should note that Section 12 of Rule XI also requires that, if a new probationary period is required for a transfer, the employee must sign a statement on the Request for Transfer or Voluntary Demotion Form indicating an understanding that a new probationary period is in effect. This form is also signedRead More →
The probationary period is the final phase in the examination process. The purpose of the probationary period is to allow the employer to make a determination regarding the employee’s ability to perform at a satisfactory level in all aspects of the job and to conform to acceptable norms of conduct. It is important to provide employees who are in their probationary period with training, guidance, and counseling to assist them in reaching and maintaining a successful level of performance. It is also important to closely monitor the performance and conduct of probationary employees so that a determination can be made regarding conversion to permanent status.Read More →
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). The probationary period is calculated on the actual number of hours in a paid status. You can determine the length of the probationary period for a specific classification by accessing the job specification table database at http://hr.smcgov.org/job-classification-table A probationary period is automatically extended by any leave of absence, provided the leave exceeds ten working days, and is in full pay period increments. So, if an employee goes on a twenty working day leave of absence, his or her probationary periodRead More →
If the parties are unable to resolve the grievance after the Step 2 meeting, the union can advance the grievance to an Adjustment Board (Step 3) by submitting a written request to Employee & Labor Relations or the Human Resources Director within the timeframe prescribed in the applicable MOU. An employee cannot advance a grievance to the Adjustment Board without involving his/her union. An Adjustment Board is a hearing before a four-member panel that is tasked with attempting to resolve or adjust the grievance. For each Adjustment Board, the union appoints two panel members, and the Employee & Labor Relations Manager appoints two panel members.Read More →
Employee expectations fall into two categories – Performance and Conduct. Performance : Expectations related to the employee’s job classification or job assignment. They include the quantity, quality, accuracy, and timeliness of work products. Conduct: Expectations are work rules that relate to employee behavior. Examples include adhering to work hours, proper use and reporting of time, honesty, proper interactions with clients and coworkers, etc. There are times when performance and conduct expectations “cross paths”. For example, a receptionist who is frequently tardy (conduct) may also be failing to meet a performance standard to unlock the office and prepare for the public (performance). Section 6: Performance dealsRead More →
Documentation is used for: Positive Feedback and Acknowledgement Career Development Showing Patterns Probationary Determinations Performance Evaluations Disciplinary Actions Documentation should: Be a clear record of one-on-one discussions with employees regarding their performance/conduct. Be factual and objective. Be timely (close to the date of the event being documented.) Be dated and signed/initialed by the supervisor/manager. Be kept in the supervisory drop file set up for each employee, and consulted in the areas listed above. Documentation should not: Be personal or subjective judgments or opinions. Supervisory files are discoverable and can be subpoenaed. Be too informal or anecdotal (it may be used by others in conduct orRead More →
Follow these recommended steps if you suspect that an employee is under the influence of alcohol or drugs while at work. Listed below are recommended steps to follow: First, annotate your observations. Please use the Objective Signs of Impairment Checklist for this purpose. Next, ask another manager/supervisor to observe the employee and complete a checklist without reviewing the checklist you have completed. In this way, you have two independent observations of the employee. If the other manager/supervisor concurs that the employee is impaired from performing his/her duties, you should send the employee home. Do not allow the employee to drive. You should have the employeeRead More →
No. For occasional instances of tardiness, it is appropriate to allow employees to charge the tardy to vacation rather than charging AWOL or Leave without Pay. However, once a pattern of tardiness emerges, you should counsel the employee and advise him/her that future tardies will be charged to LWOP (if the employee calls in) or AWOL as appropriate, and that such a charge may lead to further corrective or disciplinary action. Please see Sample Counseling Memo for Tardiness. Once the employee has been placed on notice, it is appropriate to charge tardies to LWOP or AWOL, unless there are extenuating circumstances.Read More →
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. The important thing is to be consistent with all employees, use the same considerations when making decisions on requests, and base all decisions on work related issues. However, please be aware that the Family School Partnership Act allows an employee who is a parent, guardian or custodial grandparent with children in a licensed day care facility or in Kindergarten through 12th grade to take up to 40 hours a year to participate in day care or school activities. The employeeRead More →
No. Sick leave is used for very specific purposes as outlined in the various MOUs and in the Ordinance Code. An employee whose sick leave usage is unacceptable should be referred to EAP through a direct management referral and should be issued a leave restriction letter, requiring a doctor’s note for any period of illness. Remember, you are not a doctor, so you cannot determine if the doctor’s reasons are correct, but you should look carefully at the note to ensure the dates of illness correspond with the dates of leave. Also, when an employee calls in to advise you they are sick, you canRead More →
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 funeral of a member of the immediate family. Immediate family is defined as parent, spouse, domestic partner, son, daughter, sibling, stepchild, mother-in-law, father-in-law, grandparent, or grandchild. Even though sick leave may not be used for attending the funeral of individuals who do not meet the definition above, use of accrued vacation, compensatory time or holiday time is appropriate. Managers and supervisors are strongly urged to make every effort to allow employees to be excused from work for attending funerals of friendsRead More →
Some departments have a written or unwritten policy that any absence in excess of three working days must be accompanied by a physician’s statement. The MOUs and the Ordinance Code provide management the right to require a physician’s statement or make whatever other investigation into the circumstances of a request for sick leave that appears warranted before taking action on the request. Under this provision, a supervisor may require an employee to submit a physician’s note upon return to work if the supervisor feels there are circumstances that warrant such a statement. In order to require the employee to provide a physician’s statement in thisRead More →
Generally, an employee is not required to provide a release to return to work after illnesses. Some examples of when a release should be required are: If an employee has had a contagious illness. If an employee has had a physical injury that might limit their ability to perform physical aspects of their job. Prior to return from a Medical Leave of Absence. In these cases, the requirement to provide a release is stated on the leave form.Read More →
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 has the right to expect regular and consistent attendance from employees. It is important to contact Employee & Labor Relations to discuss this issue.Read More →
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 no longer considered to be “time worked” when determining whether an employee had put in a full 40 hours during a work week and is thus eligible for overtime pay rates when working beyond 40 hours.Read More →
AFSCME, Confidential, PDA, SEIU, SMCCE: Employees who use paid sick leave and work extra hours in the same work week code the corresponding extra hours as “overtime at straight time”, pay code 069. For example: Under the previous contracts, a Monday-Friday employee could code eight (8) hours of sick leave on Tuesday, work ten (10) hours on Saturday, and be paid at the rate of time-and-a-half (code 066 or 051) for the full ten (10) Saturday hours he/she worked. The eight (8) hours of paid sick leave taken on Tuesday is not considered to be “time worked”. The employee in this example would still codeRead More →
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, some departments, in some circumstances, have allowed the usage of vacation, holiday or compensatory time rather than sick leave to cover unplanned medical absences, while other departments have not. Effective April 22, 2007, departments which had been allowing the usage of other accrued leave in lieu of sick leave for unplanned medical absences will no longer continue that practice in work weeks where an employee works overtime.Read More →
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Name Classification Department (Hand delivered) Dear Mr. NAME: Please take notice that it is the intent of this office to issue you a non-punitive disciplinary letter that equates to a 3-day suspension. Although you will not miss work or have your pay docked, this non-punitive disciplinary action carries the weight, in terms of progressive discipline, as if you had actually been suspended without pay for three working days. The grounds upon which this disciplinary action is being proposed are in accordance with Section 4 of Civil Service Commission Rule XIII as follows: A. Absence without Leave. AbsenceRead More →
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE: Today’s Date TO: Employee, Classification FROM: Supervisor, Title SUBJECT: Letter of Warning and Leave Restriction This is a letter of warning regarding your excessive absenteeism. You currently have no sick leave and only 8 hours of vacation in your leave balance. So far this year, you have used 56 hours of sick leave and 24 hours of vacation for unscheduled absences due to illness. You have also used 28 hours of leave without pay for unscheduled absences after exhausting your sick leave. During the first 7 months of this year, you have been absent 12 full daysRead More →
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 the morning and is 510 minutes late about twice a month. George’s tardiness does not have an adverse impact of service delivery or on his ability to complete his workload. Recommended Action – There are two alternatives which should work in George’s case. As long as the instances of tardiness remain infrequent, you could allow George to make up the 510 minutes by extending his workday by the length of the tardiness on those days he is late. Alternatively, if office coverage permits,Read More →
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 be considered are the employee’s past attendance record, the nature of the position, the impact of tardiness on customers and coworkers, the frequency of tardiness, and any actions previously taken in an attempt to correct the tardiness. Generally, tardiness should be dealt with as follows: The first instance of tardiness should normally be dealt with through oral counseling. Infrequent tardiness which does not have an adverse impact on customers or coworkers should also be dealt with through oral counseling. In theseRead More →
Tardiness – Everyone will arrive late to work on occasion due to unexpected traffic problems or unavoidable occurrences prior to leaving home. Tardiness becomes a problem to be dealt with when it becomes too frequent, when the arrival time is too far beyond the start time, or when a pattern forms. A supervisor must exercise judgment within general guidelines in determining when tardiness becomes a problem to be addressed. Some general guidelines are: Late more than twice a month for any reason. If, for example, an employee is 5-10 minutes late once or twice a week due to traffic problems, he/she should consider traffic delaysRead More →
Leave without pay (LWOP) is considered approved leave. If an employee requests time off and the request is approved, but the employee does not have accrued leave to cover the approved absence, leave without pay is appropriate. As a general rule, employees who wish to take more time off than they have in their vacation/holiday/compensatory time balances should not be approved for LWOP. Absence without Leave (AWOL) is an absence that is not approved. AWOL is a violation of Civil Service Commission Rule XIII and is cause for disciplinary action.Read More →
Although there is no magic number of absences that equate to excessive absenteeism, there are a number of factors to consider which can lead to a determination that absenteeism is excessive. The factors listed below should be reviewed and considered as indicators of possible excessive absenteeism. If one or more of the factors indicate a possible problem, the employee should be interviewed to determine whether there are acceptable reasons for the absenteeism. Contact Employee & Labor Relations for advice in interpreting the factors and in reviewing any reasons cited by the employee. Sick Leave Usage in the Current Year. If an employee has used 80%Read More →
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – Date: To: Employee, Classification From: Supervisor, Title Subject: Letter of Reprimand This is an official Letter of Reprimand for your excessive absenteeism. On (date) you were issued a warning letter that outlined my concerns regarding your excessive use of sick leave and placed you on leave restriction. That letter had followed a verbal counseling session that did not result in your improving your attendance. You were advised that minimal improvement would be considered no more than two unscheduled absences over the next three months and for each three-month period thereafter. Within two weeks after receiving this memo, onRead More →
Conduct cases are those where an employee fails to comply with work rules, policies, and procedures such as arriving for work on time; treating clients and coworkers with courtesy and respect; being honest; maintaining a good attendance record; following procedures for requesting time off; using County time, supplies and property in a responsible manner; and other similar behavior-related areas. Violations of these work rules, policies, and procedures can form the basis for corrective and ultimately disciplinary action, including dismissal.Read More →
First, you must clearly communicate your expectations. Employees must know that they are expected to arrive for work on time, return promptly from breaks, follow procedures for requesting time off, treat customers and coworkers with courtesy and respect, etc. If your department has written policies covering these areas, make sure each employee receives a copy or knows where the unit’s copy is. Supervisors are also responsible for monitoring employees’ conduct and for providing honest and timely feedback when an employee fails to meet expectations.Read More →
If the misconduct still continues, or if the first instance of misconduct is serious in nature, contact Employee & Labor Relations for consultation on the appropriate course of action. Following the concept of Progressive Discipline, Employee & Labor Relations will advise you to take the lowest level of corrective/disciplinary action that will be likely to correct the problem. In determining the level of action to take, you will look at the following factors: The seriousness of the offense and the relationship to the employee’s duties The employee’s position and level of responsibility (i.e., supervisory/public trust) The employee’s past disciplinary record The employee’s past work record andRead More →
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 the level of discipline that was taken was appropriate under the circumstances. In making this determination, the arbitrator expects to see that any serious discipline was preceded by lesser discipline to place the employee on notice that the conduct is unacceptable and that more severe discipline may result if the conduct is not corrected. This does not mean that every infraction must go through every step of the corrective action process. Some forms of misconduct, such as theft, may warrant dismissalRead More →
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 may consist of a simple interview of the employee to get his/her side of the story. Investigations are discussed in detail in Section 8: Conducting Employee Investigations. When minor misconduct occurs for the first time (e.g. an employee is late arriving for work), and the interview of the employee does not indicate mitigating or extenuating circumstances that would excuse the offense, verbal counseling is usually sufficient. Do not ignore the problem hoping it will correct itself. By not confronting the problemRead More →
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 when warranted.Read More →
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: 1) is appropriate to the severity of the employee’s offense; and 2) is likely to result in the employee not repeating the misconduct. Under a traditional discipline program, minor misconduct (e.g., initial instances of tardiness or absenteeism) is normally dealt with through counseling confirmed in writing. Should the misconduct be repeated, the normal progression is a letter of reprimand followed by a suspension. Further misconduct may result in a second suspension, demotion, or dismissal. Misconduct of a more serious nature may result inRead More →
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 and constructively Alleviating the financial impact of discipline on employees’ families Affording employees the ability to be rehabilitated and to clear their records Taking disciplinary action which is just, equitable and sustainableRead More →
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.) and the Union agrees and acknowledges that the disciplinary letter carries the full weight of such a suspension for the purposes of establishing progressive discipline. This process eliminates the financial impact of a suspension on the employee and the employee’s family while still establishing a record of progressive discipline should the offense recur. This process also eliminates the need for the department to replace the employee during the suspension, thereby conserving County funds. Employees retain the right to appeal non-punitiveRead More →
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 Discipline Program will not be used to correct performance problems (quantity/quality of work). Performance problems are dealt with through counseling, corrective action plans with performance-specific objectives and outcomes, and performance evaluations. Investigation – When an incident of misconduct or an attendance problem has been investigated and it is found that more likely than not unacceptable behavior occurred, the department confers with Employee & Labor Relations and makes a determination regarding the appropriate level of discipline. If it is determined that theRead More →
– PRINT ON DEPARTMENTAL LETTERHEAD – Date: July 31, 2010 To: Janine Jones, Legal Office Services Supervisor From: Alan Smith, Legal Office Services Manager II Subject: Letter of Warning – Waste of County Time Janine, we recently discussed during our July 29th bi-weekly meeting your excessive personal calls. It was brought to your attention that personal phone calls using county time and resources were not permitted. Subsequent to our meeting, in your email response, you also admitted to making personal long-distance calls on county phones. I recognize that you are aware of your part in this, have paid for the calls, and have stated yourRead More →
– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee, Classification Home Address OR Hand-Delivered whenever Possible Dear Mr. Employee: Please take notice that it is the intent of this office to dismiss you from your position of (Classification) effective (approximately 10 days from date of letter). The grounds upon which this dismissal action is being proposed are in accordance with Section 4 of Civil Service Commission Rule XIII as follows: A. Absence Without Leave. Absence without leave shall mean any time an employee is absent from the workplace without authorization or without an explanation satisfactory to the appointing authority. This includes an employee’s failure toRead More →
– PRINT ON YOUR DEPARTMENTAL LETTERHEAD – Date Employee, Classification Home Address OR Hand-delivered Whenever Possible Home Address Dear Mr. Employee: Please take notice that you are dismissed from your position of (Classification) effective today, (date). The grounds upon which this dismissal action is being taken are in accordance with Section 4 of Civil Service Commission Rule XIII as follows: Absence Without Leave. Absence without leave shall mean any time an employee is absent from the workplace without authorization or without an explanation satisfactory to the appointing authority. This includes an employee’s failure to report to work after a leave of absence has expired orRead More →
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. Garbage taken out daily. All tools cleaned and returned to their proper place, immediately after use. Office kept neat and organized. Files, work requests and invoices kept in an orderly manner and invoices submitted twice weekly. Parts and materials organized. Inventory kept up and extra materials properly stored in their proper place at the completion of every job. Shop floor swept weekly, mopped monthly. The shop should not be cluttered with used, broken, or otherwise useless items. Timeliness and qualityRead More →
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 performance relative to the written performance standards and objectives for the position. This feedback should include both recognition of good performance, and constructive suggestions on aspects of the employee’s performance needing improvement. In feedback sessions, supervisors should share samples of the employee’s work, quality review reports, customer comments, and any other examples of work performance with the employee. These sessions should be documented in the supervisory file. See Section 2: Documentation for more information regarding documentation. If need be, the supervisorRead More →
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 rating period, identifying strengths and areas needing improvement, and discussing future objectives. This discussion includes input from both the supervisor and employee, and should summarize and be based on the regular feedback sessions described above. Supervisors will find the memos documenting feedback sessions to be invaluable in refreshing their memory regarding examples of positive and negative performance.Read More →
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. The supervisor should consider the employee’s comments “in good faith,” meaning that although these comments do not necessarily need to be adopted wholesale into the finalized evaluation, there should be thoughtful consideration given to what the employee would like to see added, amended, and/or deleted from the draft evaluation. The final copy is signed and dated by the supervisor (rater) and manager (reviewer) before it is given to the employee. The employee may take a few days to review the finalRead More →
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 to the employee. Next, the supervisor reviews and discusses the draft with the employee. This meeting should occur approximately one week prior to the end of the rating period.Read More →
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 require an employee to provide their comments, either verbally and/or in writing, prior to the two-week review period.Read More →
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 either receives a standard rating, or is demoted or dismissed. When an employee receives a substandard rating (i.e. Improvement Needed or Unsatisfactory), the performance objectives developed for the next review period cover only the next 30-60 day period. When an employee at salary step A, B, C, or D receives an annual performance evaluation rated below standard, his/her merit increase (step increase) should be denied. If the employee’s performance does reach a standard level, a merit increase should be granted effectiveRead More →
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 to result in improvement, the supervisor should prepare a special performance evaluation.Read More →
First, contact Employee & Labor Relations to discuss the case and develop a strategy. Please see Flowchart for Performance Evaluations for the typical process. Each case will have its individual characteristics, but the normal steps to be followed are: Formally counsel the employee, giving specific examples of where he/she is not meeting the performance standard(s). Refer to any previous informal counseling sessions that were held and ask the employee if he/she understands the area of concern. It is usually a good idea to have the employee state back to you what the problem is and what you expect so there is no confusion. Document theRead More →
If you have determined that the employee is not meeting expectations during the special evaluation process, and will not be able to meet them with additional coaching and time, contact Employee & Labor Relations to discuss a course of action. In performance cases, there are two options – demotion or dismissal. If an employee has the skills and abilities to do a less complex job, and there are available vacancies, demotion is the preferred option, especially if the employee has previously held a lower classification, unless the current level of performance indicates an inability to perform even the simplest portions of the current position. IfRead More →
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 moved to a new assignment, or: whatever the reason you are using the “pre-eval” method) I have decided to issue you this pre-evaluation memo in order to make clear the expectations of your position. Were you to receive an evaluation today, it would be designated as a “does not meet”. In order to give you the opportunity to show improvement in several areas prior to issuing the formal evaluation, I am giving you this memo outlining my concerns. I will beRead More →
– 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 not received a performance evaluation since 200X, I have decided to issue you this pre-evaluation memo in order to make clear the expectations of your position. Although you continue to perform well in certain areas, were you to receive an evaluation today, there are several areas that would be designated either “Unsatisfactory” or “Improvement Needed”. In order to give you an opportunity to show improvement in these areas prior to issuing the formal evaluation, I am giving you this memo outliningRead More →
Print on Departmental Letterhead Date: January 29, 2010 To: NEW SUPERVISOR, CLASSIFICATION From: CURRENT SUPERVISOR, CLASSIFICATION Subject: Transition Memo As you will be taking over the NAME Unit effective February 2nd, I want to share with you my observations of Joan’s performance over the past 12 months, list what I see to be her strengths, and cite areas where I feel she can make some improvements. The job duties of a CLASSIFICATION working in the Unit include: INSERT DETAILS Strengths: Joan schedules appointments based on office guidelines and completes transfers in a timely manner. She works her cases well. She continuously enhances her knowledge ofRead More →
Contact Employee & Labor Relations for the Fillable PDF form.Read More →
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – October 20, 2010 Employee Name Title Department Hand-delivered Dear Mr. Employee: Please take notice that it is the intent of this office to dismiss you from your position of Social Worker effective November 3, 2010. The grounds upon which this disciplinary action is being proposed are in accordance with Section 4 of Civil Service Commission Rule XIII as follows: (F) Unacceptable Performance. Unacceptable performance shall mean want of ability suitable to the work, either as regards natural qualities or experience or deficiency of disposition to use one’s ability and experience properly, or failure to continue to perform atRead More →
– PLACE ON YOUR DEPARTMENTAL LETTERHEAD – November 3, 2010 Employee Name Title Department Hand-delivered Dear Mr. Employee: Please take notice that it is the decision of this office to dismiss you from your position of Social Worker effective November 3, 2010. The grounds upon which this disciplinary action is being taken are in accordance with Section 4 of Civil Service Commission Rule XIII as follows: (F): Unacceptable Performance. Unacceptable performance shall mean want of ability suitable to the work, either as regards natural qualities or experience or deficiency of disposition to use one’s ability and experience properly, or failure to continue to perform atRead More →
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 by “due process,” entitling him/her to a hearing prior to discipline. In this context, discipline includes suspensions, non-punitive suspensions, temporary reduction in step, demotions, and dismissals. The “Skelly Process” is the mechanism for providing this required due process. The Skelly court concluded that, at a minimum, the due process afforded to these employees and safeguards must include: Notice of the proposed action; The reasons for the proposed action; A copy of the charges and materials upon which the action is basedRead More →
What is it? This Skelly letter informs the employee of the intent to take a disciplinary action. It sets forth the proposed discipline, the Civil Service Rule(s) that the employee violated, and the facts upon which the charges are based. Please refer to Civil Service Rule XIII, Section 4 at https://hr.smcgov.org/civil-service-commission-rules The Intent Letter also advises the employee of the right to review any documents upon which the proposed disciplinary action is based (material relied on), and of the right to reply to the charges verbally, in writing, or both. There is a specified time frame by which the employee can invoke the right toRead More →
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. This reply is the employee’s chance to tell his/her “side of the story” before a decision is made regarding the proposed discipline. In the reply the employee may deny the charges, may explain mitigating circumstances, or may argue that the proposed discipline is not at the appropriate level. The employee may have a representative at this meeting. When giving the employee dates to reply orally or in writing, give the employee three or four workdays to schedule a hearing. GiveRead More →
Your role is to listen to the employee and ask clarifying questions in order to get the full story from their perspective. This gives the employee an opportunity to explain things such as: what they did and why; to deny allegations they believe are false or distorted; to raise mitigating factors; and to possibly “fall on the sword”. You are not there to defend the proposed disciplinary action, the Department, or any particular individuals involved. Introductions Name, title, how you want to be called Explain you are here to listen to what the employee has to say about the events and make a recommendation toRead More →
What is it? A letter notifying the employee that disciplinary action is being taken. The letter states the level and effective date of the discipline being taken. The letter also repeats the charges and facts laid out in the Intent Letter, with any revisions in charges/facts resulting from the oral/written reply. Who does it? The decision letter is signed and issued by a level of management above the manager who signed the intent letter. How? The decision letter should be hand-delivered to the employee. The manager should annotate a copy of the letter indicating the date and time the letter was given to the employee.Read More →
– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE: EMPLOYEE’S NAME HOME STREET ADDRESS CITY, STATE ZIP CODE Dear NAME: This letter will acknowledge the department’s receipt and acceptance of your resignation effective DATE. I want to thank you for your [years of] service with the San Mateo County DEPARTMENT NAME and wish you luck in all of your future endeavors. Sincerely, MANAGER’S NAME TITLE cc. DEPARTMENT HEAD Donna Vaillancourt, Director, Human Resources Department Civil Service Personnel File Department Personnel FileRead More →
– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – Resignation of Employment This will document NAME’s decision to resign from HIS/HER probationary position of CLASSIFICATION effective DATE. The DEPARTMENT NAME accepts NAME’s voluntary resignation effective that date. NAME has turned in all County property, identification, and equipment that is in HIS/HER possession. The County agrees not to contest NAME’s application for unemployment benefits should HE/SHE apply for them. ______________________ ____________________________ NAME MANAGER’S NAME CLASSIFICATION TITLE Date: _________________ Date: _______________________ cc. DEPARTMENT HEAD Donna Vaillancourt, Director, Human Resources Department Civil Service Personnel File Department Personnel FileRead More →
Available online at http://intranet.co.sanmateo.ca.us/hr/forms/ or from your department Payroll/Personnel Specialist Read More →
– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE NAME CLASSIFICATION DEPARTMENT Dear NAME: Due to your unsatisfactory performance as a CLASSIFICATION, you are being rejected during your probationary period effective today, in accordance with Rule XI of the Civil Service Commission Rules. You are being rejected (due to performance concerns, unsatisfactory attendance record, etc.) If you prefer to resign, you may do so by providing me with written notice of such by 4:00 p.m. on NEXT DAY, and this probationary rejection will be changed to a resignation. Sincerely, MANAGER’S NAME TITLE cc: DEPARTMENT HEAD Donna Vaillancourt, Director, Human Resources Department Civil Service Personnel FileRead More →
– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Donna Vaillancourt, Director Human Resources Department 455 County Center, 5th Floor Redwood City, CA 94063 RE: Probationary Period Extension – EMPLOYEE’S NAME Dear Ms. Vaillancourt: The above CLASSIFICATION will complete his nine-month probationary period on approximately DATE. NAME has experienced some difficulty in meeting his job expectations but has shown recent improvement. Because he has further room for improvement, however, I have informed him that I am recommending a three-month extension to his probationary period. I am therefore requesting that his probationary period be extended in order to provide us with the necessary time to workRead More →
– PLEASE PLACE ON YOUR DEPARTMENTAL LETTERHEAD – DATE Donna Vaillancourt, Director Human Resources Department 455 County Center, 5th Floor Redwood City, CA 94063 RE: Extension of the probationary period of NAME Dear Ms. Vaillancourt: NAME is a CLASSIFICATION, and is due to complete her six-month probationary period on approximately DATE. I have spoken with her regarding her productivity level, and have informed her that I am recommending a [THREE-MONTH OR SIX-MONTH] extension to her probationary period. She is aware of the concerns, and is anxious to remedy the situation. I feel that NAME can do the work that is assigned her, but she needsRead More →
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 transferred into the division from another division in our department. She’s been with the County for three years and received overall competent evaluations each year. We went over the list of expectations and resource materials, and assessed her ability regarding scheduling trainings/conferences, developing training schedules, keeping accurate sign-in rosters, developing flyers, etc. I encouraged her to take notes during our meetings to be retained in the resource binder provided. We reviewed her schedule: 9:00 a.m. to 6:00 p.m., 12:30 p.m.-1:30 p.m.Read More →
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 with Jon Jones who started his County employment today. We went over the list of written expectations provided which include department-specific expectations as well as generic expectations as a County employee. We then reviewed the resource materials including the reference manual and his training schedule. I encouraged him to take notes during our meetings and to keep them in the resource binder which includes additional reference materials. We reviewed his work schedule that we had already discussed (7:00 a.m. to 4:00Read More →
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 Jill Smith who started her County employment today. We went over the list of written expectations I provided which include department-specific expectations as well as generic expectations as a County employee. We then reviewed the resource materials including the reference manual and her training schedule for the next four weeks. I encouraged her to take notes during our meetings and to keep them in the resource binder that also includes desktop procedures and additional reference materials. We reviewed her work scheduleRead More →
This section explains what the various files are, where they are maintained in the County, and what types of materials should be placed in each file. The Civil Service Personnel File is the official personnel record for each employee and is maintained in the Human Resources Department. This file contains copies of all personnel actions, Leave of Absence forms, performance evaluations, disciplinary letters, reprimands, and other records of an employee’s employment history. An employee must be provided with a copy of any document to be placed in this file. Department Personnel Files are maintained in most departments to provide immediate access to records. These filesRead More →
Any record that is kept regarding an employee’s performance or conduct – whether they pertain to accomplishments or areas of concern. Documentation may consist of copies of actual work products, written statements by or about employees, and your notes of meetings with employees. See examples of documentation. The record you keep when investigating alleged misconduct is also considered documentation, but should be kept in a separate “investigation” file. See Section 8: Conducting Employee Investigations for more information regarding conducting investigations.Read More →
You should document BOTH the positive and negative issues that come to your attention: If an employee has done a good job (e.g., worked on a special project, maintained an excellent error rate, was effective with a difficult customer), document these observations and share them with the employee. Positive documentation is a powerful incentive for people to continue to achieve a high level of performance. If an employee has exhibited poor work habits, has tardiness or attendance problems, isn’t meeting quality or quantity standards, is discourteous, or has other such performance or conduct problems, you should document your observations relative to these problems and promptly shareRead More →
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 do not share your concerns that a problem exists and discuss alternatives for their performance or conduct. If the problem persists and you must take corrective or disciplinary action, the documentation is necessary to serve as a record of your previous efforts to bring the problem to the employee’s attention and to assist him/her in resolving the problem. Documentation is an invaluable tool to help you more quickly and effectively prepare comprehensive and meaningful performance evaluations. It is much easier toRead More →
When considering someone for a position, you need to consider several factors and determine critical background areas for the position. For line staff, suggested areas include: Job knowledge/duties performed Quality and Quantity of Work Work Habits/Attendance Interpersonal Skills Initiative shown/Decisions made Corrective/Disciplinary actions Relationship with supervisors and management personnel General conduct (type of behavior) For supervisory/management positions, suggested areas include: Job knowledge/related accomplishments Reasons for prior job changes Management style Personal attributes Strengths Areas for improvement Relationships with direct reports Guidelines for conducting reference interviews for applicants are: Prepare your questions in advance. Use a format that will facilitate note-taking. Let reference know that informationRead More →
We recommend that the following guidelines be followed in responding to employment questions: If you have any reason to believe that the person requesting information is not a potential employer or a licensing agency, do not give out information. Provide information only in response to a verbal or written request for information. Do not volunteer information without a request for such information. Do not give out any information that is not accurate, factual, and documented in the personnel file. If you do provide information, you must provide any significant negative information as well as positive information. (This point is explained in greater detail in sectionRead More →
California statute provides a qualified privilege for information given to potential employers or licensing agencies who contact the County seeking information. A qualified privilege means that no damages can result from your action, provided that you are not found to have been malicious. In addition to the guidance in Section A above, the following criteria must also be met: Any statement you make must be made without malice. You and the County would be at peril if it could be shown that any statements which you made were made out of ill will toward the employee, if you lacked reasonable grounds for believing your statementsRead More →
The two primary pitfalls to avoid are (a) providing information to anyone not considered a “person with an interest” (California statute), and (b) providing positive information without disclosing significant negative information (California case law). A “person with an interest” is defined as someone who is in good faith considering hiring your employee, or is from a licensing agency. You should never give out information if you have reason to believe that the person is not who they say they are or if they are merely curious about an employee. Recent California case law has held employers liable for providing positive feedback to a future employer,Read More →
The “Weingarten” decision states that an employee is entitled to representation at any meeting where an investigatory interview is being conducted and where the employee might reasonably believe that the interview could lead to disciplinary action. The employee must request such representation – there is no obligation to advise the employee of this right. Please see Section 8F for more information on Weingarten rights.Read More →
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. These business agents generally represent the larger interests of the organization, such as bargaining MOUs, representing employees during disciplinary hearings, and seeking new members. Union stewards differ from business agents in that they are employees of the County, not of the union. They are elected or are appointed by the union membership to serve as representatives of the larger body of employees in the portion of the unit they represent. Stewards are frequently involved in working with employees on informalRead More →
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 an “Agency Shop” or “Service” fee in lieu of dues. The Agency fee is generally a slightly lower amount than membership dues since it cannot, by law, include the percentage of dues the union uses for political activities. Agency shop payers must, by law, receive the same representation as dues paying members, except that they are not entitled to participate in union elections or to participate in votes to ratify/reject MOUs.Read More →
By statute and contract, unions have the right to be notified about planned changes in the terms and conditions of employment, and to meet and express their views prior to implementation of the changes. Management has a duty to meet in good faith and to give full consideration to the opinions and suggestions of unions in the meet and confer process. The Employee & Labor Relations Division is available for consultation regarding the process for meeting and conferring with employee organizations when there is a rule or workplace change that impacts that organization’s employees, from the initiation of this process to conclusion. Please consult withRead More →
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 department or sub-unit of a department plans to make a workplace change, and that change is likely to affect represented employees in some manner, even if the represented employees have agreed to the change. Workplace changes include issues involving wages, hours, and other terms and conditions of employment. Some examples of common situations that would trigger the need to notify employee organizations and meet and confer if requested, include the following: Establishing or adjusting a departmental sick leave policy Example: ManagementRead More →
All County Departments and Divisions are covered and these guidelines should be considered and used by all County management staff. One or more employee organizations may be involved, depending on the issue and which employees are likely to be affected.Read More →
After consulting with Employee & Labor Relations, notify the employee organization(s) of the change in writing. The notice should describe the proposed change in detail and explain why the change is being planned. The written notice should be sent a minimum of four weeks before the proposed implementation date, providing two weeks for the employee organization(s) to receive the letter and decide if they want to meet, and at least two additional weeks to schedule a meeting or meetings. In cases involving major or complex changes, more time should be allowed as multiple meetings may be necessary. Please see Sample Notice to Union(s). If notRead More →
It is important that you adequately prepare so that you present yourself at the meeting as being organized and knowledgeable about the specifics of the change and the reasons for the change. It is essential that management be able to explain the issue that is generating the need for the change. We recommend that prior to the meeting you develop a document (or chart) that illustrates how the unit operates now, and how the unit will operate after the change. You might use separate pages for each or do a side-by-side comparison chart. Additionally, you should list the primary reasons for the change, and theRead More →
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, and often employees selected may not be those that will be directly impacted. Management can object to the number of employees if it impacts coverage or other operational needs. Management may have one or more representatives attend. Generally, Department Heads do not attend, as they might be required to review any final decision that is made. Management also has the option of asking Employee & Labor Relations to send a representative to attend.Read More →
Start the meeting by explaining the proposed change and the reasons for the change. You should use the comparison document you prepared as a guide to assist you in explaining the change, and you might also prepare an outline of the plan to share with those in attendance. It is essential to remember that you must participate in this meeting in good faith. The Meyers-Milias-Brown Act, governing management-labor relationships in California local governments, mandates that you shall have the “obligation personally to meet and confer promptly upon request” and “continue for a reasonable period of time in order to exchange freely information, opinions, and proposals,Read More →
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 them if they allow you to reach your objective without incurring excess cost or experiencing operational problems. In your file, document the specific reasons why any proposed change/alternative has not been incorporated into the plan. This documentation will assist you later if your final plan is questioned, or if unforeseeable issues arise during implementation. If you do not have union agreement on the plan you intend to implement, contact Employee & Labor Relations to discuss this process and receive guidance onRead More →
“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-Brown Act (MMB) governs labor relations. The MMB’s purpose is to “promote full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment.” The MMB expresses general principles and rights. The San Mateo County Employer-Employee & Labor Relations (EER) Policy defines how these principles and rights are implemented by providing specific procedures for certifying and decertifying employee organizations, conducting representation elections, and other issues relating toRead More →
MMB provides employees the right to choose a union to represent them in matters of wages, hours and other terms and conditions of employment. MMB also requires that management “meet and confer” or “consult” with elected representatives. Management must provide the union reasonable advance notification of any change in personnel policies, practices or working conditions, and afford the union an opportunity to meet with management prior to implementing any such change.Read More →
Stewards are entitled to reasonable paid official time (also called “release time”) to represent employees in investigations or at grievance meetings, to attend meetings where matters affecting employees’ “terms and conditions” of employment are discussed, and to “meet and confer” on issues involving the unit. For instance, the budget hearings conducted by the Board of Supervisors are matters affecting the terms and conditions of employment, and stewards would be entitled to reasonable release time to attend such meetings. Similarly, if a department planned on making a change to working conditions, a steward(s) would be entitled to attend a meeting to “meet and confer” over theRead More →
When a meeting is being held for which release time is provided, the union sends a written request to Employee & Labor Relations indicating the date, time, and nature of the meeting, and the name of the employee(s) to be released. The MOUs state that requests are to be submitted at least two working days prior to the meeting “whenever possible.” We have reminded all employee organizations of the two-day notification requirement and advised them that failure to provide two days notice may result in denial of the request. Employee & Labor Relations reviews the request to determine whether the meeting fits the criteria forRead More →
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 employee organizations whenever it intends to implement a rule or workplace change that will likely affect employees in that department or unit. San Mateo County has incorporated this requirement into each of its Memoranda of Understanding (MOUs). At the employee organization’s request, management has the obligation to meet and confer regarding the matter before implementation occurs, even if you have involved the employees in developing the planned changes and they are in agreement.Read More →
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 not knowingly violate the MOU. When a mistake is made, take ownership and move to promptly correct it. Stay informed about what is going on in your unit. Take an active role in monitoring morale and be available to help solve problems. Encourage and respond to constructive suggestions. Don’t make promises you can’t keep or you don’t have the authority to deliver. Follow through on what you do promise. Keep the union informed about what is going on that may beRead More →
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) Institutional Services (Cooks, Dietitians, Food Service Workers, etc.) Parks Department (excluding Clerical & Support positions) Planning Department (excluding Clerical & Support positions) Plant and Equipment Maintenance positions (Custodians, Stationary Engineers, Utility Workers, etc.) Human Services positions (Benefits Analysts, Social Workers, Deputy Public Guardians, etc) Public Safety Dispatchers Telephone Operators AFSCME Extra-Help Building and Construction Trades (BCTC) Road Maintenance Workers, Road Equipment Operators, Equipment Mechanics, Plumbers, Electricians, Painters, Carpenters, Locksmiths California Nurses’ Association (CNA) Registered Nurses Deputy Sheriff’s Association (DSA) Safety: DeputyRead More →
[DATE] [UNION PERSON] [UNION NAME] [ADDRESS] Dear [UNION PERSON]: We have been experiencing problems with weekend registrations in our customer service center. We are required to provide registration coverage 24 hours per day and 7 days per week. Currently, staff are assigned weekends on a rotating basis (four weekends on and four weekends off). The problem we are encountering is with sick calls. Currently, when someone calls in sick, it is up to either the service center supervisor or the on-duty staff to call around and see if anyone is willing to come in and cover. We have experienced situations where no staff is availableRead More →
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, time limits, and limited bases upon which it can be granted. The purpose of this Section is not to define all of the leave of absence terms and conditions, but to provide general information about the three types of leave that employees most often request: Leave of Absence for Illness or Injury (Medical Leave) Parental Leave Leave of Absence for Personal Reasons Please call the County’s ADA/TWA/LOA Coordinator at 363-4738 if you have any questions regarding leaves of absence. IfRead More →
The granting of a leave of absence also grants the employee the right to return to a position in the same or equivalent classification, in the same department, as he/she held at the time the leave was granted. If needed, you can temporarily fill the employee’s position through the use of Work out of Classification (WOC), Temporary hiring (six or more months of expected absence), or extra-help hiring (less than six months of expected absence) options. You do not have to hold the employee’s individual position vacant, but there must be a position in the same or equivalent classification in your department available for theRead More →
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 medical leave of absence request must be supported by a physician’s statement that includes sufficient information to determine if the leave is appropriate (i.e., if the leave request is for elective surgery, then granting it is more discretionary than if the leave is for emergency medical treatment). The employee must use any accrued sick leave during his or her leave of absence if he/she is away from work due to his/her own injury or illness. The use of accrued vacation, compensatoryRead More →
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, temporary and/or Extra Help employee continuously for at least 12 months. The employee must have worked (001 time) at least 1,250 hours in the 12 months immediately prior to requesting a leave of absence. Extra Help hours do count towards the 1,250 hour threshold. Non-work hours (sick leave, vacation, holiday, unpaid time) do not count towards the 1,250 hours threshold. The leave must be for one of the following reasons: The employee’s own serious health condition. The care of the employee’sRead More →
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 a “serious health condition” covered by FMLA/CFRA. Managers and supervisors should not make their own judgments as to whether a condition qualifies as “serious”, but instead should refer these questions to the County’s ADA/TWA/LOA Coordinator.Read More →
Every medical leave of absence must be evaluated to determine whether or not it meets the criteria for Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) coverage. FMLA/CFRA entitle the employee to up to twelve weeks of leave (paid or unpaid) within a calendar year. FMLA/CFRA run concurrently with each other except in the case of pregnancy. The County’s FMLA Policy can be accessed at: http://intranet/Intranet/IntranetHome/Policies%20and%20Standards/FMLA_Policy.htmRead More →
For an employee’s own illness: The date on which the serious health condition commenced; The probable duration of the condition; That the employee is unable to perform the functions of his or her position. For a family member’s illness: The date on which the serious health condition commenced; The probable duration of the condition; An estimate of the amount of time the employee needs to care for the family member; Verification that the serious health condition warrants the participation of the employee to provide care during the period of treatment.Read More →
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 to take off up to 480 hours (12 weeks) per year in “reduced” or “intermittent” leave for a serious health condition. Reduced leave is a reduction in the employee’s normal hours per day or hours per week (e.g. reduction from 8 to 6 hours daily, or every Wednesday off). Intermittent leave can be taken at varying times of the day or week and may be taken in increments as small as one hour. All intermittent leaves require advance review and approvalRead More →
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” to put a supervisor or manager on notice that the time off they are requesting may meet FMLA/CFRA provisions. Immediately contact the County’s ADA/TWA/LOA Coordinator for guidance if you have questions when an employee indicates to you that they need medical leave for a serious health condition. It is the employer’s responsibility, i.e. the County, to determine if requested leave is covered by the FMLA/CFRA, and to notify the employee in writing that his or her leave of absence isRead More →
The main benefit for regular County employees is that the County continues to pay its share of the health insurance cost premium for up to 12 weeks while the employee is on this type of leave, while the employee pays only his/her usual cost. Extra Help employees are not eligible for this benefit since the County does not make a contribution to health coverage for them. It is important to encourage employees to discuss all benefit issues with the Benefits Division of the Human Resources Department whenever they will be out on an unpaid status. County policy already requires the County to return regular employeesRead More →
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 parenting responsibilities during the period of one year following their child’s birth, or one year following the placement of a child with an employee via adoption or foster care. Employees who must assume custody of a minor are also eligible. Employees may use accrued vacation, comp time, holiday credits, and/or up to 30 working days of sick time during their parental leave. However, there is no requirement for an employee to use any of their accrued paid time. This type ofRead More →
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 may have very personal reasons for the leave, or may disclose that it is for educational purposes, to take an extended trip, to build a house, etc. The granting of a personal leave of absence is at the Department Head’s discretion, and is based on the Department’s ability to do without that employee for a period of time as well as the severity of the employee’s need. The employee must use all vacation and holiday credits prior to going into unpaidRead More →
A female employee giving birth to a child can request a medical leave of absence for the period she is certified as disabled and unable to work for medical reasons. After she has been medically cleared to return to work, she can then request up to thirteen bi-weekly pay periods (six months) of parental leave. However, she cannot add on a personal leave of absence on top of a medical and parental leave. An employee’s entire leave of absence period, whether it is strictly a medical leave of absence or a medical leave combined with parental leave, cannot exceed twenty-six bi-weekly pay periods (one year)Read More →
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 to the Department Head or Division Director. For medical leave of absence requests, a statement from the employee’s physician indicating what period of time the employee will be unable to work must be attached. Please contact Employee & Labor Relations for guidance if you are having difficulty obtaining a completed “Leave of Absence Request Form” from the employee. The Department Head or Division Director will either approve or deny the request, keeping in mind that those eligible employees with FMLA/CFRA-qualified requestsRead More →
When an employee is on a medical leave of absence, he or she must provide a statement from his/her medical professional prior to returning to work. This statement must certify that the employee is able to return to work and resume his/her normal duties, or must specify any restrictions or limitations on the employee’s ability to perform his/her normal duties. If the medical professional indicates that there are restrictions or limitations, this medical statement must be provided to the department at least five (5) working days prior to the employee’s scheduled return date, so that the department can make a determination as to whether theRead More →
This Leave of Absence Request Form should be used to request time off from work in excess of two biweekly pay periods, either paid or unpaid, for all reasons except for work related injuries and worker’s compensation claims. For work-related injuries and worker’s compensation claims refer to the Workers’ Compensation Benefits Package. Please note that an employee granted a leave of absence, unless otherwise provided, has the right to return to a position in the same classification, or equivalent classification in the same department as he/she held at the time the leave was granted.Read More →
Leave of Absence for Illness or Injury (Medical Leave) Leaves of absence for medical reasons or on account of illness or injury, which are not job incurred. This includes childbirth, disabilities caused or contributed to by pregnancy, miscarriage and abortion or care for an immediate family member who has suffered an illness or injury. Leaves of this type require that the employee use all sick leave credits prior to being in an unpaid status. A physician’s statement substantiating the condition is required. Unpaid leave may be granted up to a maximum period of 26 full biweekly pay periods. Leave of Absence for Personal Reasons LeavesRead More →
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 to and after their mid-shift meal break. Part-time workers are allowed one fifteen-minute rest break during any four-hour work shift. For most workers, this equates to a lunch break and two rest breaks – one in the morning and one in the afternoon. The fifteen-minute rest breaks are paid, the mid-shift meal break is not. Unusual circumstances may occasionally occur that do not allow workers to be released for rest breaks. Rest breaks cannot be accumulated or “banked” forRead More →
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. Examples of such alternative work schedules are “4/10”, “9/80”, telecommuting, Voluntary Time Off (VTO) and flexible hour schedules. Some of the advantages of alternative work schedules are: Flexibility to schedule work so as to balance work/family/personal responsibilities that can result in higher morale, greater productivity, and lower absenteeism. Such schedules may also allow employees to carpool, use public transportation, find easier child/dependent care arrangements, or have a smoother and less stressful commute. Alternative work schedules allow management to expand officeRead More →
Flexible Hours – This is a schedule where an employee works a five day per week schedule but does not work the traditional hours of 8:00 a.m.-5:00 p.m. For example, an employee with child care issues may be scheduled to work 8:30-5:00 with a ½ hour lunch break even if the office hours are 8:00-5:00. This schedule would be approved only if coverage and public service issues were not adversely impacted. Flexible hours also encompass work hours that are not the same every day. For example, if it could be accomplished without adversely impacting coverage or service levels, an employee could be scheduled to workRead More →
Listed below are some of the major factors to consider prior to implementing or approving any alternative work schedule: The size of the work unit – In a unit of three employees, it would be very difficult to offer a 4/10 or 9/80 schedule since any absence (vacation, sick leave, etc) which occurred on a scheduled day off would leave only one employee in the office. Workload and coverage considerations – Alternative schedules should be approved only if they do not adversely impact coverage and service levels. Seasonal work fluctuations – When an organization has periods of high activity, it may be appropriate to approveRead More →
Informal flex schedule arrangements involve situations wherein an employee works more than their scheduled hours on one day and, instead of being paid overtime, agrees to work fewer hours on another day. For example, an employee who normally works five 8-hour days may work 10 hours on Tuesday and 6 hours on Friday. The following is guidance on such schedules relative to overtime requirements under the Fair Labor Standards Act (FLSA) and for represented employees covered by a Memorandum of Understanding (MOU). Section I applies only to employees who are covered by the FLSA. These are employees in Work Group 1. Section II applies toRead More →
Prior to implementing any alternate work schedules, please call Employee & Labor Relations to discuss advanced written notice to the union(s) and meet & confer obligations. (Dept/Division) and (Union) (4/10 and/or 9/80) Schedule Pilot Project (Name of particular units, if the entire division isn’t a part of the pilot) Goals and Duration of Pilot Project This pilot project is entered into for the period (beginning date) through (date six months later). The goals of the project are: To maintain or improve overall productivity and service to the public. To maintain or improve morale and teamwork. To provide expanded hours of service to the public. ToRead More →
Some of the most commonly asked questions concerning the seniority and layoffs are listed below. This information is a guide, and individual situations should be reviewed with your assigned Employee Relations Analyst.Read More →
Seniority is the number of hours you have worked for the County.Read More →
Seniority is all “regular” paid hours. This includes 001 time, paid sick leave, vacation, comp and holiday time.Read More →
No, overtime does not count as seniority hours.Read More →
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 therefore does not count in seniority unless the employee was in a paid status.Read More →
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 →
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 →
Unclassified time does not count towards seniority.Read More →
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 not count towards seniority.Read More →
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 →
Ties in seniority are resolved by the examination score for their present classifications, unless another method has been negotiated by your union. Check your MOU or call Human Resources for your specific situation.Read More →
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 →
Check in with Human Resources if this is the case. The most common reasons are that you had some unpaid time that allowed the other person to achieve more seniority, or that the other person worked somewhere else in the County that you were not aware of. Seniority is total service, not just time in a single classification.Read More →
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 →
For classified employees, layoffs are conducted in accordance with the Civil Service Commission Rules. For unclassified employees, the department head can implement layoffs based on any criteria that he/she deems appropriate.Read More →
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, that action is considered a break in service for seniority purposes. If an employee resigns from the classified service to take an unclassified position and subsequently returns to classified service, their seniority would start at the point that they returned to classified service. If an unclassified employee is appointed to a classified position, then that person is treated as a new hire for seniority purposes and his/her seniority would start when he/she is appointed into the classified position. There isRead More →
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, and individual situations should be reviewed with your assigned Personnel Analyst.Read More →
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-will and can be removed from their position at any time and for any non-discriminatory reason that the appointing authority deems appropriate.Read More →
Section 502 of the County Charter designates all positions as classified unless they are specifically exempted. The positions that are exempted are: The County Manager and one principal assistant. Department heads. Persons employed to render professional, scientific, technical, or expert services on a temporary basis for a specific project. Resident physicians employed in clinics, institutions, and hospitals. Persons required possessing a license to practice law. Two deputy sheriffs in the office of the Sheriff. Special officers or investigators in the offices of the Sheriff and the District Attorney. One person holding a confidential position to each elected board or commission, including the Board of Supervisors.Read More →
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 unclassified position for longer than three years. If an employee remains unclassified for over three years, he/she will automatically become part of the classified service and become subject to the standard provisions of the County’s Civil Service Rules.Read More →
This occurs when some employees are performing ongoing work and other employees are hired to perform similar work for a limited duration or under a grant. For example, Behavioral Health and Recovery Services has a core of permanent positions but also periodically receives grants for special projects. The employees hired to perform the grant work are commonly in the unclassified service.Read More →
Departments may use hiring processes similar to those used for classified positions and may even make appointments to unclassified positions from classified employment lists. Departments are strongly encouraged to do so for positions impacted by the passage of Measure D.Read More →
If a filled classified position is changed to unclassified, it is considered a layoff subject to the provisions in the Civil Service Rules and Memoranda of Understanding.Read More →
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: The unclassified position had been grant-funded and the County has elected to continue the program; or the unclassified position had been established for a short-time project and the County has elected to continue the activity; and The employee has held the position for at least one year in a satisfactory capacity; and The employee was hired into the unclassified position from an eligible list; and The Human Resources Department Director has determined the proper classification for the position. If theseRead More →
Persons in unclassified positions, who previously held a classified position and who did not have a break in County service between the classified and unclassified appointments, are eligible to transfer to classified County positions, consistent with the Civil Service Rules governing transfers.Read More →
All persons in unclassified positions can compete for classified positions any time that an Open or Open and Promotional recruitment is conducted. Persons in unclassified positions, who previously held classified status without a break in County service between the classified and unclassified appointments, are eligible to compete in promotional examinations provided they have at least six months total classified and unclassified service prior to the final date to file an application. Persons in unclassified positions in specific departments, who previously held classified status without a break in County service between the classified and unclassified appointments, are eligible to compete for Departmental Promotional Only examinations provided theyRead More →
An employee who moves from classified to unclassified service must resign from the classified service. This means that all rights in the classified service are terminated at that point. Sick leave, vacation balances and accruals, retirement benefits, and health benefits are not affected by the resignation from the classified service. These benefits continue to accrue as though there has been no change in employment status. There is also a provision in the County Ordinance Code stating that employees may be granted a leave of absence for a maximum period of four years to accept a position in the unclassified service. Upon termination of employment inRead More →
There is no difference in health, dental, vision, or life insurance benefits based on classified or unclassified status.Read More →
There is no difference in retirement benefits or obligations based on classified or unclassified status.Read More →
CLASSIFIED UNCLASSIFIED Recruitment & Selection Covered by the provisions of the Civil Service Rules specifying the manner that recruitment and hiring is carried out. Not covered by the Civil Service Rules. Department heads are encouraged to follow the normal processes used for classified positions. Layoff Layoffs are governed by the Civil Service Rules and are generally done in reverse order of seniority. Employees serve at the pleasure of the appointing authority and can be removed at any time for any non-discriminatory reason. Seniority does not control the order of staff reductions. Union Representation Can be represented. If represented, can file grievances on any provision ofRead More →
The Civil Service Commission is a board of five electors of the County appointed by the Board of Supervisors to prescribe and administer the Civil Service Commission Rules. No commissioner may be a current County employee. The Rules of the San Mateo County Civil Service Commission can be accessed at: http://hr.smcgov.org/civil-service-commission-rulesRead More →
Employees or applicants may appeal ratings of oral boards or appraisal of qualification boards that are below passing, and only if they allege bias, discrimination, or fraud in the conduct of such board. Employees who are rejected during probation may appeal to the Commission only if they allege and substantiate in writing that the probationary rejection was based on race, color, religion, sex, national origin, age or handicap. Permanent classified employees, as articulated in Civil Service Rule XII, may appeal Performance Evaluations carrying an overall Below Standard (Improvement Needed or Unsatisfactory) rating. Classified employees may appeal disciplinary action (dismissal, demotion, suspension, non-punitive disciplinary letter) asRead More →
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 two Commissioners. The Commission listens to presentations by both parties, asking clarifying questions as needed. Depending on the nature of the matter being appealed, an employee/applicant may represent himself/herself, or may use a Union representative or attorney to present his/her case. The Department’s position may be presented by a management representative or by County Counsel. Once both parties have completed their presentations, the Commission members go into an “executive session” to consider the merits of the case and discuss their findings.Read More →
These are general guidelines, which may vary from case to case. The method of presenting individual cases will be decided in a meeting between the department, County Counsel, and Employee & Labor Relations. These guidelines are based on the presumption that the employee’s performance was substandard or did warrant disciplinary action. You may want to review these guidelines prior to issuing a substandard performance evaluation or taking disciplinary action to ensure that you are in good position and have sufficient evidence to defend your action if necessary. As a reminder, you are encouraged to contact your Employee & Labor Relations representative to review the situationRead More →
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 below a standard score or rating set by the Director.” Rule XII further states: “This review is a fact-finding examination for the purpose of detecting and correcting any abuse of discretion.” Upon receipt of a written appeal for a review by the employee, the Human Resources Department places the request for appeal on the agenda for the next meeting of the Civil Service Commission. At that meeting, the Commission will first decide whether to accomplish the review through a fact-finding committee ofRead More →
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, demotion, or suspension / non-punitive suspension, an appeal hearing by the Commission is mandatory, if requested by the employee. In cases other than dismissal, demotion, or suspension / non-punitive suspension, a hearing is discretionary with the Commission. When discretionary, the Commission decides whether to have a hearing after a review of written materials submitted by the employee and by the Department or after a brief oral summary of the merits of the case by the petitioner. Section 5.A of CivilRead More →
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 grieved under the negotiated grievance procedure described in the various MOUs. Other issues may be appealed to the Civil Service Commission. Both the negotiated grievance process and the Civil Service Commission appeal process allow an employee to bring her or his issue to someone other than the supervisor or manager who took or did not take the action with which the employee takes issue. An issue can be grieved only if it involves an alleged violation of a provision of anRead More →
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 important part of a supervisor’s or manager’s proof that reasonable attempts have been made to assist the employee. If an employee chooses to accept a referral, then that also indicates that the employee has cooperated with those reasonable attempts.Read More →
A Job Performance Referral is a referral initiated by a supervisor or a manager when work performance or behavior is an issue, for example, poor quality or quantity of work, unacceptable conduct, absenteeism or tardiness, or interpersonal relationship problems with other employees or the public. The checklist that follows has been designed to help you gather information and prepare for your discussion with the EAP Consultant. General Information Supervisor’s Name An alternate person to contact Work location address Name of employee to be referred Employee’s address, including county Statistical Information Employee’s length of service Age, gender, marital status, social security number Position title Employee’s healthRead More →
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. If the issue is not resolved at this step, or if the employee/union elects to waive the first step, the issue is moved to Step 2. Any grievance involving compensation must be submitted in writing to the Human Resources Department Director.Read More →
The fourth and last step of the grievance process is arbitration. If the Adjustment Board is unable to reach a majority decision, or the parties mutually waive the Adjustment Board, the union, and only the union, may invoke arbitration by filing a written request to do so within the timeframe prescribed in the applicable MOU. In an arbitration proceeding, the positions of the grievant and management are presented by attorneys. An arbitrator hears the grievance and renders a binding decision. The union and the Department within which the grievance arose share the cost of arbitration fees equally. Each party is responsible for its own legalRead More →
In order to move a grievance to Step 2, an employee or union representative must write to Employee & Labor Relations or the Human Resources Director to formally file the grievance, stating the issue being grieved, the MOU section which is alleged to have been violated, and the desired remedy. This notification must be filed within the timeframes prescribed in the applicable MOU. This is why it is important to have a clear record of the date of issuance of Skelly Decision Letters. Following receipt of the grievance, Employee & Labor Relations schedules a Step 2 grievance meeting with the employee (and his/her union representativeRead More →
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 incorporateRead More →
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 Resources Department Website: http://hr.smcgov.org Employee & Labor Relations: http://hr.smcgov.org/employee-and-labor-relations MOUs, Employer-Employee Relations Policy, Job Classification Table, Benefits-At-A-Glance for Bargaining Units, Contact Employee and Labor Relations Civil Service Commission Rules: http://hr.smcgov.org/civil-service-commission-rules Personnel Services: http://hr.smcgov.org/personnel-services Job Descriptions: http://hr.smcgov.org/job-descriptions Classification & Compensation: http://hr.smcgov.org/classification-compensation Policies: http://hr.smcgov.org/county-policies Publications: http://hr.smcgov.org/hr-publications Forms, FAQs, HR Blogs, Policies, and Reports County Initiatives: http://hr.smcgov.org/initiatives Employee Engagement, CPMS (Collaborative Performance Management System), Agile Organization Employee Benefits: http://hr.smcgov.org/employee-benefits EAP (Employee Assistance Program): http://hr.smcgov.org/employee-assistance-program-eap Employee Wellness Program & Work-Life Services: http://hr.smcgov.org/employee-wellness-program-work-life-services Training & Development:Read More →
The purpose of the handbook is: To provide a basis for training all supervisors and managers in the basics of Employee & Labor Relations To provide uniform Employee & Labor Relations references, examples, and procedures and, To provide an easy-to-use reference to serve as a first point of information whenever a supervisor or manager is faced with an Employee Relations or Labor Relations issue. The handbook was designed to provide the user with a maximum amount of information in an easy to use format. Each major topic (e.g., “probationary employees,” “leaves of absence,” “Skelly Process,” etc.) is discussed first in an introductory paragraph, followed by answersRead More →
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: A copy of the employee’s standards and objectives dated as to when they were shared with the employee. Procedures or plans for workload reviews, work in process reviews or customer surveys. Documented meetings with the employee where internal memoranda or department procedures were introduced and discussed. A schedule for periodic meetings with the employee to discuss performance and conduct issues. A supervisor may meet with an employee on a more frequent basis (e.g. weekly) while meeting with other employees in theRead More →
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 in corrective action is bringing the issue to the employee’s attention (counseling), and suggesting ways to “correct” the problem (corrective action plan). This first step is informal and may or may not result in a memo confirming the counseling. However, if a written memo confirming the counseling is not issued to the employee, the supervisor should still retain some written evidence that the counseling session occurred (e.g., a note in the supervisory drop file). Examples of informal “corrective action plans” youRead More →
In general, performance relates to the quantity, quality, accuracy, and timeliness of work products. Conduct issues relate to compliance with work rules. Performance problems usually involve a “can’t do” issue while conduct problems generally involve a “won’t do” or “should not have done” issue. For example, if an employee is making too many errors in work products, it is usually because he/she lacks the training, ability, or experience to properly perform the work (can’t do) and may need additional training or coaching. Conversely, if an employee is frequently late or absent (won’t do), it is usually not because he/she lacks the training, ability, or experienceRead More →
Conduct and performance are handled differently in terms of the corrective action process. You should always contact Employee & Labor Relations when there is any question about the appropriate corrective action process to follow. Again, if you are addressing conduct issues with a probationary employee that has not resulted in overall improvement, you should consult with your manager and contact your Employee & Labor Relations representative about rejecting him/her during their probationary period. Corrective Action and Disciplinary Action Corrective action and disciplinary action are two terms that you will encounter in dealing with performance and conduct issues. Although corrective action may lead to discipline, theyRead More →
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 may be taken without prior corrective action when an employee’s performance or conduct is so egregious or serious (e.g. criminal offense, workplace violence) that informal corrective action is not an appropriate response. Disciplinary action includes suspensions/non-punitive discipline, temporary reductions in step, demotions, and dismissals. Disciplinary actions are discussed in more detail in both Section 7: Conduct and in Section 5: The Skelly Process.Read More →
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 previous discipline if misconduct occurs again. Positive aspects of non-punitive discipline from management’s perspective are that the employee does not actually leave the workplace, thereby avoiding the disruption to workflow and cost to fill in behind the employee. Positive aspects from the employee’s perspective are that no money is lost, and, in some cases, the “rehabilitation plan” which, if successfully completed, results in removal of the disciplinary letter within a specific period of time. See Section 7: Conduct for a completeRead More →
You should document BOTH the positive and negative issues that come to your attention: If an employee has done a good job (e.g., worked on a special project, maintained an excellent error rate, was effective with a difficult customer), document these observations and share them with the employee. Positive documentation is a powerful incentive for people to continue to achieve a high level of performance. If an employee has exhibited poor work habits, has tardiness or attendance problems, isn’t meeting quality or quantity standards, is discourteous, or has other such performance or conduct problems, you should document your observations relative to these problems and promptly shareRead More →