COLLECTIVE BARGAINING AGREEMENT.pdf

RA Unit

Collective Bargaining Agreement Between Horizons Youth Services, Sacramento Job Corps Center, and Job Corps Federation of Teachers, AFT, Local 4986, RA Unit

September 1, 2010 to June 30, 2013

Table of Contents

Article I. Preamble

Article II. Recognition

Article III. Union/Management Rights/Contracting Out

Article IV. Probationary Period

Article V. Effect of Agreement

Article VI. Non-Discrimination

Article VII. Safety

Article VIII. Paid Time Off (PTO)

Article IX. Holidays

Article X. Leaves of Absence

Article XI. Evaluations

Article XII. Discipline

Article XIII. Layoff

Article XIV. Seniority

Article XV. Grievance Procedure

Article XVI. Legality

Article XVII. Hours

Article XVIII. Residential Living/Dorm Size

Article XIX. Compensation

Article XX. Health and Welfare Benefits

Article XXI. Transfers and Promotions

Article XXII. Complaints Against Employees

Article XXIII. No Strike Clause

Article XXIV. Department of Labor Funding Changes

Article XXV. Duration

Article I. Preamble

1) In recognition of the work being performed for Horizons Youth Services at the Sacramento Job Corps Center, it is the intent and purpose of the parties hereto to promote an increasing spirit of harmony between the Employer and its employees to serve Job Corps trainees and to ensure cooperation, understanding, efficient operation of the facilities and safety of employees and trainees to the fullest extent possible.

2) The following articles and any addenda hereto constitute a binding agreement (the “Agreement”) between Horizons Youth Services, Sacramento Job Corps Center (the “Employer”) and the Sacramento Job Corps Federation of Teachers, AFT Local 4986 (the “Union” or “Federation”).

3) The provisions of the Agreement shall preempt any practices, procedures, policies or rules of the Employer that are inconsistent with this Agreement.

Article II. Recognition

1) Horizons Youth Services, Sacramento Job Corps Center (the “Employer”) hereby recognizes the Job Corps Federation of Teachers, AFT, Local 4986 (the “Union” or “Federation”) as the exclusive bargaining agent and representative of all full-time Residential Advisors, Non-Residential Advisors, and Day Residential Advisors employed at the Sacramento Job Corps Center.

2) The Employer agrees to discuss with the Union, within thirty (30) days, the possible inclusion of newly established positions that share a community of interest with positions in either bargaining unit.

Article III. Union/Management Rights/Contracting Out

1) Information for the Federation

a) The Employer shall provide the Union with information that is relevant to the enforcement and/or negotiation of this Agreement upon written request by the Union.

b) The Employer shall provide to the Union the name, job title, mailing address, personal phone number (i.e. home or cell) and personal email address (as available) for each bargaining unit member.

2) Meetings/Access

a) A joint labor-management committee shall meet at least quarterly to discuss matters of concern to the Center or the Union. Each party shall provide an agenda of items to be discussed two (2) working days prior to the date of the meeting. The committee shall be comprised of up to three (3) Management representatives and up to three (3) Union representatives. By mutual agreement, additional Management and Union representatives may be included in the meeting.

b) Representatives of the California Federation of Teachers (CFT) shall be permitted access to the Sacramento Job Corps, provided said access shall not interfere with any employee’s job duties or the business of the Employer.

Such visits shall be for the purpose of transacting Union business or observing employment conditions. The CFT representative shall provide advance notice of the visit to the Human Resources Manager or designee.

3) Use of Job Corps Bulletin Boards and Mailboxes

a) One (1) Center bulletin board, located in the instructors break room and one

(1) Center bulletin board, located outside the counseling supervisor’s office, shall be reserved for the exclusive use of the Union. The Union bulletin board shall be easily accessible to unit members. Documents posted may not contain language derogatory to the Company or its employees.

b) The Federation may use unit member mailboxes for written communications such as newsletters and meeting notifications. Copies of all written communications will be provided to the Center Director.

4) Release Time

a) Three (3) representatives of the Federation’s bargaining unit shall receive reasonable release time for the purpose of negotiating with Job Corps representatives. The Federation and the Job Corps Center will mutually agree on dates and times for the negotiations. When negotiation times are during the representative’s normal work hours, the time spent in negotiations shall be compensated by the Center.

b) Members of the Federation shall be granted up to seven (7) days total per year to attend Union sponsored functions such as conventions, workshops and conferences without loss of pay. The Federation shall reimburse the Employer for the cost of a substitute(s). Prior notification and approval of Center management must be obtained. Center management shall not arbitrarily withhold approval.

c) The Employer will recognize a reasonable number of shop stewards, as designated in writing by the Union. Stewards will not be compensated for time spent in the conduct of Union business, other than to handle grievances or to provide representation in pre-disciplinary (Weingarten) interviews, and are expected to conduct such business outside of their normal work hours.

Stewards shall be released from normal duties for grievance handling and Weingarten representation.

5) Contract Disbursement

a) All bargaining unit members and new hires into the bargaining unit will be given a copy of this Agreement. The Agreement will be 8 ½” by 11” in size.

The cost of printing this Agreement will be borne equally by the Federation and the Employer.

6) Dues

a) The Employer will deduct from the pay of Federation members and pay to the Federation, membership dues for the Federation as voluntarily authorized by unit members subject to the following conditions:

b) Dues deductions shall be made upon submission by the Federation, to the Employer, of an authorization card duly completed by the unit member.

c) Employees who are dues paying members of the Federation at the outset of this Agreement, or who become members during the term of this Agreement, shall be required to maintain membership until the expiration of this Agreement.

d) The Federation shall indemnify the Employer and hold it harmless against any suits, claims, demands and liabilities that shall arise out of or by reason of any action that shall be taken by the Employer for the purpose of complying with the section of the Agreement or in reliance upon any list or certificate which shall have been furnished to the Employer under any such provisions.

7) Personal and Academic Freedom

a) Unit members shall have reasonable freedom in the classroom or counseling office to present and/or discuss political, religious or otherwise controversial material provided that said material is appropriate, related to course content and within the scope of the law. A unit member will not use his/her position to proselytize or indoctrinate his/her trainees or colleagues with his/her personal, political and/or religious views.

8) Management Rights

a) Except as specifically and expressly limited elsewhere in this Agreement the Employer has and shall retain the sole and complete authority and discretion in regard to the management of the business and the direction of the working force, including, but not limited, to the right to establish, regulate, determine, revise or modify at any time: policies, practices and standard operating procedures of the conduct of the business; procedures used in connection with provision of services to trainees; levels of employment;

staffing patterns; hours of work; number of shifts; determine and assign overtime; extent of layoff; hiring, promotion, termination, demotion or transfer; discipline; suspension or discharge for just cause; shift scheduling and assignment; quality and work standards; assignment of work and duties in accordance with its determination of the needs of the facility; reasonable rules and regulations for the conduct and safety of employees and trainees and the means of enforcement thereof; the time when and the place where work shall be done; which, when and what operations are to be performed;

the planning direction, control, increase, decrease or discontinuance of operations; and other matters related to the conduct of its business or the manner in which the business is to be managed or carried on. Nothing contained herein shall constitute a waiver of the Union’s right to bargain on matters within the mandatory scope of bargaining or within the scope of this Agreement.

b) In addition, as it deems operationally necessary, the Employer retains the right to subcontract work. Should the Horizons Youth Services, Sacramento Job Corps Center intend or plan to contract out services and the result means loss of job(s), the SJCC shall not contract out except under the following circumstances:

i) Advance Notice: The Employer shall provide the Federation with a minimum of thirty (30) days advance notice of its intention to contract out services, and will provide a list of all employees who stand to be adversely affected by the contemplated actions.

ii) Meet and Negotiate: Upon notification of its intentions, the Federation and Employer shall meet and consider fully all prudent and practical alternatives. The Federation shall negotiate the effects of any layoff.

iii) Additional Benefits: In the event of a layoff due to contracting out, in addition to the provisions afforded under Article 13 (Layoffs) and Article 14 (Seniority), the effected unit member shall be entitled to an additional one

(1) times the severance amount in Article 13 or, at the employee's option, to work that time period as the Center would direct at that employee's current rate of pay.

iv) Security: If the Center subcontracts positions that are customarily and routinely performed by members of the bargaining unit and it does not result in the loss of employment, the positions contracted out shall not exceed 20% of the bargaining unit. The Employer shall notify the Federation in advance of its intentions and shall meet and consider all prudent and practical alternatives fully.

v) Right of First Refusal: As applicable, the employer shall comply with all provisions of Executive Order “Non-displacement of Qualified Workers under Service Contracts” (effective 1/30/10). The employer shall notice any sub-contractor of their duties and obligations under this order including the right of first refusal provisions. The employer shall provide written explanation for any failure to re-hire under these provisions.

9) The foregoing enumeration of the Employer’s rights shall not be deemed to exclude other rights of the Employer not specifically set forth. The Employer, therefore, retains all rights not otherwise specifically listed by this Agreement.

10) Successorship

a) In the event of sale or transfer of control of the facility, the Employer shall, within a reasonable period of time but not less than twenty-one (21) days of the effective date of the sale or transfer, provide the SJCFT with the new employer’s or entity name, address and designated representative prior to sale or transfer, the Employer shall inform the new owner and or employer or entity of the existence of this agreement and of its terms and conditions.

b) The parties agree that compliance with this Article shall constitute full satisfaction of any and all obligations to bargain regarding such sale or transfer and the Employer shall have no further obligation to the SJCFT with respect to sale or transfer of control of the facility.

Article IV. Probationary Period

1) Unit members shall serve a probationary period of three (3) months from their initial date of hire, after which they shall be deemed as regular employees.

2) Probationary unit members who fail to receive a “meets expectations” evaluation at the end of their probationary period, may, at the option of the Employer, be granted an additional ninety (90) day probationary period during which time they must either progress to regular status of face dismissal.

3) Probationary unit members have the same rights and benefits guaranteed under the Agreement as regular unit members, except that in areas of competency and discipline, probationary unit members serve at the discretion of the Employer.

4) Probationary unit members who are granted a leave of thirty (30) days or more shall have their probationary period adjusted by the amount of time that remained in their probationary period at the time off the leave.

Article V. Effect of Agreement

1) It is understood and agreed that the specific provisions contained in this Agreement shall prevail over employer practices and procedures and over State and Federal law to the extent permitted by State and Federal law.

Article VI. Non-Discrimination

1) The Employer and the Federation recognize that local, state and federal laws prohibit certain forms of employment discrimination. Neither the Employer nor the Federation shall discriminate against any employee on the basis of age, race, sex, national origin, religious creed, marital status, disability, pregnancy, veteran status, sexual orientation, political affiliation or membership in an employee organization.

Article VII. Safety

1) The Employer shall maintain safe working conditions and protect employees against health and safety hazards in accordance with applicable federal, state, and local law. To this end the parties agree to work in committee to establish an “injury and illness prevention program for workplace security” based on established guidelines from Cal/OSHA. Outstanding safety concerns will be reviewed at the quarterly Labor Management meeting.

2) Employees shall be required to immediately report in writing, to their direct supervisor, any condition which the Employee knows or reasonably believes to be hazardous. The Employer will take whatever steps are necessary to address the hazardous condition. The Employer acknowledges its responsibility to provide trained security, nursing and mental health specialists to meet student needs.

3) The Employer shall take all reasonable steps to promptly correct or abate any hazardous condition. Employees shall report in writing on an authorized maintenance/work order form to their immediate supervisor, conditions the employee believes to be unsafe.

4) An assault either by, or upon, a unit member by either a trainee or staff shall be reported to immediately to a supervisor.

5) A secure staff lounge/break area and bathroom shall be provided to all employees. Keys shall be provided to employees whose break area is locked.

6) Employees acting within the scope of their duties and responsibilities may utilize the amount of physical restraint necessary to prevent a student from harming him/herself or others or from damaging property as permitted by the PRH. In cases where an employee may be subject to disciplinary action due to physical interaction with a student, the parties agree to convene a special meeting of the labor management committee for review of the use of force.

This does not preclude either party from exercising their rights pursuant to this Agreement.

7) Each dorm, classroom and office shall be provided with a telephone in order to communicate with staff.

8) Bargaining unit members may recommend to their supervisor the exclusion of a student whose behavior threatens the safety of other students or the staff member. The supervisor will discuss the disposition of the applicable Incident Report (IR) with the recommending staff member. Students recommended for termination by the Center Review board and who are awaiting final decision from the Center Director shall not return to the class where the altercation occurred until a final decision is made by the Center Director.

9) Students who commit a Level 1 or Level 2 violation shall be prohibited to participate in scheduled class until a final determination is made by the Center Director as to the discipline. The unit member is expected to promptly complete the required paperwork and notify their supervisor immediately of the action taken. The supervisor will then determine the appropriate placement for the student during the rest of the day.

Article VIII. Paid Time Off (PTO)

1) Full-time employees working thirty-two (32) or more hours per week accrue paid time off as set forth below. Employees are eligible to take accrued PTO after their 90-day probationary period has been completed, however, PTO will accrue during the 90-day period.

2) After successfully completing the 90-day probationary period, the per pay period accrual is retroactive to the date of hire.

3) The paid time off schedule is as follows:

4) PTO leave may be accumulated; however, once an employee has reached the ceiling of 200 hours, no further PTO will be earned until the balance drops below the ceiling.

5) Employees must give their supervisor at least two (2) week’s notice prior to scheduling PTO. A one (1) hour notice is required for employees who call in sick. Requests will be considered and approved based on the availability of replacement staffing.

6) If an employee is absent for three (3) or more consecutive regularly scheduled workdays for an illness, a statement from the employee's physician may be requested. If requested it must include the physician's name, address, telephone number, diagnosis, date the employee may return to work, and must accompany an Employee Leave Request form when the employee returns to work.

7) If a designated holiday is observed during an employee's planned PTO period, the employee will be eligible for additional time off with pay equal to the holiday.

8) Any employee who is on FMLA leave, unpaid leave, or disability (short or long-term) will not accrue PTO during the time that he or she is absent.

Length of Service PTO Days Per Year Accrual Per Pay Period

0, 1, 2 years 15 days 4.61 hours

3, 4 years 20 days 6.15 hours

5 or more years 25 days 7.69 hours

Article IX. Holidays

The Employer observes the following holidays:

• New Year's Day

• Dr. Martin Luther King, Jr., Day

• Memorial Day

• Independence Day

• Labor Day

• Thanksgiving Day

• Day After Thanksgiving

• Christmas Day

• Two (2) Floating Holidays

1) To be eligible for holiday pay, the employee must work the regularly scheduled day before and after the holiday.

2) Holidays falling on Saturday or Sunday will be observed on Monday following the holiday, unless otherwise stated. Holidays falling on weekdays will be observed on actual day of the holiday.

3) Holiday pay is computed based upon the employee's regular straight time pay rate for an eight-hour (8) workday.

4) Regular full-time employees will be paid up to eight (8) holiday hours.

5) Any employee who is absent when scheduled to work on a holiday does not receive holiday pay.

6) Employees who are required to work on a holiday will be paid at a rate of time and one half for hours worked on the holiday.

7) If a regular full-time employee is on approved leave and the holiday occurs during the leave, the holiday will be used instead of the accrued leave.

Normally the extra day will be added to the leave.

8) Employees who are absent from work on their shift before and/or after a scheduled holiday do not receive holiday pay unless they are on a prior approved paid absence or if they supply an official note/excuse from a medical provider to the HR Department. Prior approved paid absences include PTO, bereavement leave, and jury duty.

9) One floating holiday may be taken in the first six months of the calendar year.

The second floating holiday may be taken during the latter six months of the calendar year. There is no entitlement of floating holidays upon termination of employment. Floating holidays are not allowed to be used after an employee has given notice that they are terminating their employment.

Article X. Leaves of Absence

1) Medical Leave

a) All full-time employees, who have been actively employed by Horizons Youth Services for at least twelve (12) months and have worked at least 1250 hours during the previous twelve (12) month period before the leave is to begin, are eligible to request a Medical Leave of Absence. Eligible employees may request a medical leave if they have a serious health condition that is certified by a health care provider as rendering the employee unable to perform the function of his/her position. A serious health condition is an illness, injury, impairment, or physical or mental condition that:

i) requires continuing treatment by a health care provider and includes periods of incapacity of more than three (3) consecutive days related to the treatment;

ii) requires at least one treatment by a health care provider and continuing supervision;

iii) involves any period of incapacity for prenatal care, pregnancy or childbirth;

iv) involves any period of incapacity for treatment due to a chronic serious health condition such as asthma, diabetes, epilepsy, etc.;

v) involves any period of absence to receive multiple treatments for post-surgery or for a condition that would result in a period of incapacity in the absence of medical treatment, such as chemotherapy or radiation treatment for cancer, or dialysis;

vi) a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member need not be receiving active treatment by a health care provider (e.g., Alzheimer's disease, severe stroke, terminal cancer)

b) Full-time employees may be eligible for salary continuation in conjunction with short term disability benefits based on length of service.

c) Prior to going on leave, arrangements must be made through the Human Resources Department for payment of contributory insurances. All checks should be made payable to Horizons Youth Services.

d) An employee's delay in premium payment in excess of thirty (30) days will result in termination of insurance coverages.

e) Causes for Termination

i) Employees who do not return to work upon expiration of an approved Medical Leave of Absence, without receiving an extension of such leave, will be released from employment with Horizons Youth Services.

ii) An employee on an approved Medical Leave of Absence may not work or provide services for compensation to any other person or entity during the period of the leave, or the employee's employment shall be terminated.

2) Family Care Leave

a) All full-time employees who have been actively employed by Horizons Youth Services for at least twelve (12) months and have worked at least 1250 hours during the previous twelve (12) month period before the date leave is to begin are eligible.

b) Eligible employees may request an unpaid family care leave for one or more of the following reasons:

i) because of the birth of an employee's child and in order to care for such a child within one (1) year of birth;

ii) because of the placement of a child with the employee for adoption or foster care within one (1) year of the placement/adoption; or

iii) in order to care for the employee's spouse, child or parent who has a serious health condition.

c) Definitions:

i) Child: A biological, adopted, or foster son or daughter; a stepson or stepdaughter; a legal ward; or a child of an employee who stands in loco parentis to that child. A child must be either under 18 years of age or an adult dependent child.

ii) Parent: A biological, foster, or adoptive parent; a stepparent; a legal guardian; or other person who stood in loco parentis to the employee when the employee was a child.

iii) Spouse: a partner in marriage. It does not include unmarried persons living together, but does include persons who are legally married who do not live together.

3) Policy

a) Eligible employees may take a maximum of 12 work weeks of medical leave and/or family care leave in a rolling 12 month period. A rolling 12 month period is measured from the date an employee's last leave began. However, if two employees request leave due to the birth, adoption, or placement of the same child, such employees may take only a total of 12 weeks leave between them during any rolling 12 month period.

b) Employees who do not meet eligibility criteria will be released from the payroll.

c) Employees absent less than 10 working days are not required to be placed on leave of absence. However, absences of more than 3 consecutive days must be counted toward the 12 work week maximum.

d) Medical and/or Family Care Leave may be taken in one continuous period up to 12 weeks. It may also be taken on an intermittent work schedule basis as follows:

i) Family care leave for the birth, placement or adoption of a child shall be taken in at least two week increments, except it may be taken for smaller increments on two occasions.

ii) Leave due to the employee's serious health condition or to care for a family member with a serious health condition may be taken in increments of one hour.

iii) If an employee needs to take a leave on an intermittent or reduced work schedule basis, Horizons Youth Services may require the employee to transfer temporarily to another position for which the employee is qualified and which would provide equivalent pay and benefits in order to better accommodate the employee's recurring periods of leave.

e) Employees on Leave of Absence for 30 days or more will have their performance evaluation date recycled by the length of the leave.

f) Employees on leave exceeding 12 work weeks in a rolling 12 month period may be replaced.

4) Procedure

a) Unless the need for leave is unforeseeable, eligible employees are required to give at least thirty (30) days advance written notice of their intent to take a family care and/or medical leave by completing and submitting a Leave of Absence form through the Human Resources Department. If the leave is for planned medical treatment or care, the employee is expected to schedule (to the extent possible) the treatment or care so as to create minimum disruption to the Center's operation.

b) Eligible employees shall provide Human Resources with a completed Certification of Health Care Provider if the leave is requested due to:

i) the employee's serious health condition, or;

ii) the need for the employee to care for a child, spouse or parent with a serious health condition.

c) If the leave is requested due to the birth, adoption or placement of a child, documentation of a qualifying birth, adoption or placement is required.

d) Upon receipt of the required Certification of Health Care Provider Form and supporting documentation, Human Resources will inform the employee whether the leave has been granted and the terms and conditions applicable to the leave.

e) Horizons Youth Services reserves the right to designate an employee's absence as medical leave or family care leave pending receipt of the required written request and supporting documentation.

f) An updated Certification of Health Care Provider Form is required to extend a Medical Leave of Absence which cannot exceed a maximum of 26 weeks.

Requests shall be submitted to the Human Resources Department at least 5 days prior to the original return to work date.

g) An updated Certification of Health Care Provider Form is required to extend a Family Care Leave of Absence which cannot exceed a maximum of 12 weeks.

Requests shall be submitted to the Human Resources Department at least 5 days prior to the original return to work date.

5) Return from a LOA

a) When employees on a Medical Leave of Absence are released by their physician to return to work within 12 weeks of leave (in a rolling 12 month period), they will be returned to their former positions at their former rate of pay. No employees will be permitted to return to work without presenting a physician's release to the Human Resources Department.

b) When employees on a Medical Leave of Absence are released by their physician after 12 weeks, one of the following options will occur:

i) return to former position is available;

ii) return to another available position for which they are qualified at the corresponding rate of pay;

iii) if no position is available, the employee will be released from the payroll.

c) Employees returning from a Family Care leave of Absence within 12 weeks will be returned to their former position.

d) Causes for Termination

i) Employees who do not return to work upon expiration of an approved Family Care Leave of Absence, without receiving an extension of such leave, will be released from employment with Horizons Youth Services.

ii) An employee on an approved Family Care Leave of Absence may not work or provide services for compensation to any other person or entity during the period of the leave, or the employee's employment shall be terminated.

6) Benefits

a) Employees on a Medical Leave or Family Leave to care for a seriously ill family member shall use paid time off for the first five (5) working days of absence.

b) Prior to going on leave, arrangements must be made through the Human Resources Department for the bi-weekly payment of contributory insurances at the current employee contribution rate. All checks should be payable to Horizons Youth Services.

c) An employee's delay in premium payment in excess of thirty (30) days will result in the termination of insurance coverages.

d) A leave of absence will not interrupt an employee's accumulation of service relative to benefits.

7) Causes for Termination

a) Employees who do not return to work upon expiration of an approved medical and/or family care leave, without receiving an extension of such leave (if previously approved for less than 12 weeks) or an approval for additional time off in the form of a personal leave, will be released from employment with Horizons Youth Services.

b) In the absence of written consent by Corporate Human Resources, an employee on medical and/or family care leave may not work or provide services for compensation to any other person or entity during the period of the leave, or the employee's employment shall be terminated.

8) Funeral Leave

a) In the event of a death in the employee's immediate family, all regular full-time and regular part-time employees shall be entitled to up to three (3) days funeral leave, one day which must include the day of the funeral. Leave may not extend beyond the date of the funeral. An employee will not be paid for time lost unless it is part of the regularly scheduled work week.

b) An employee's immediate family shall be defined as the employee's mother, father, sister, brother, grandmother, grandfather, grandchild, spouse, daughter, son, mother-in-law, father-in-law, son-in-law or daughter-in-law.

Step-parent or step-child will be included only if the "step" relationship existed during the minority of the individual, ie: bonafide parent-child relationship.

c) Employees shall notify both their supervisor and the Human Resources Department of a death in their immediate family. Employees shall provide proof of death and complete a request for payment of Funeral Leave obtained from the Human Resources Department.

d) Employees on paid time off will have their time exchanged for payment of benefits under this policy.

9) Leave of Absence - Military Enlistment

a) Employees entering military service are eligible for an unpaid Leave of Absence for up to five (5) years.

b) Employees shall submit a copy of the appropriate military orders to the Human Resources Department.

c) The Company will pay up to eight hours straight-time pay to employees who lose time from work to take pre-military induction physical examinations.

d) All benefits will be discontinued during the employee's leave. If the leave is 31 days or more and the employee was enrolled in medical and/or dental coverage, the employee will be offered COBRA.

e) Returning veterans with 90 days or less military leave will be reinstated in previous position.

f) Returning veterans with over 90 days of military leave will be reinstated to a position of like status, seniority and pay.

g) Benefits will be reinstated effective immediately upon the employee's return from leave.

10) Leave of Absence - Military Encampment (Full and part time employees of the active reserve and National Guard)

a) A. Employees who lose time from work to attend military encampment for a minimum of five (5) consecutive work days are eligible for a Leave of Absence.

b) Employees shall submit a copy of the appropriate military orders to the Human Resources Department.

c) Employees on military encampment will be placed initially on leave without pay.

d) Benefits will be continued during military encampment. Prior to going on leave, arrangements shall be made through the Human Resources Department for payment of contributory insurances. All checks should be made payable to Horizons Youth Services.

e) Upon return to work, employees shall provide a copy of their military pay documents to the Human Resources Department who will forward same to the Corporate Payroll Department for determination of make-up pay, if any.

f) Make-up pay will be up to 120 hours in a calendar year.

g) Weekend duty is not considered military encampment.

11) Pregnancy/Childbirth Disability Leave of Absence

a) Policy

i) Any employee temporarily disabled from working due to pregnancy, childbirth or related medical condition may apply for a Pregnancy/Childbirth Disability Leave of Absence.

ii) Employees absent from work less than 10 working days will not be placed on Leave, however, related absences will be counted toward the four (4) month maximum.

iii) An employee who gives birth is presumed to be disabled for six (6) weeks after the birth unless the birth is by cesarean section in which case the employee is presumed to be disabled for eight (8) weeks after the birth. An employee whose health care provider certifies the employee as medically needing additional time off due to disability before or after birth, caused by pregnancy, childbirth or related medical condition, will be granted additional Pregnancy/Childbirth Disability leave up to a total maximum period of four (4) months per pregnancy.

iv) Pregnancy/Disability leave is in addition to any medical and family care leave to which the employee is entitled under the California Family Rights Act and the federal Family Care and Medical Leave Act.

v) Employees on a Pregnancy/Childbirth Disability leave for 30 days or more will have his/her performance evaluation adjusted by the length of the leave and, if applicable, his/her probationary evaluation date adjusted by the amount of time which remained in their probationary period prior to going on leave.

vi) Employees unable or unwilling to return to work after having taken Pregnancy/Disability leave totaling four (4) months for a single pregnancy may be replaced unless the employee is eligible for additional time off as medical and/or family care leave.

b) Procedure

i) Unless the need for leave is unforeseeable, eligible employees are required to give at least 30 days advance written notice of their intent to take a Pregnancy/Childbirth Disability leave by completing and submitting a Leave of Absence form through the Human Resources Department. If the leave is for planned medical treatment or care, the employee is expected to schedule (to the extent possible) the treatment or care so as to create minimum disruption to the Center's operation.

ii) Eligible employees shall provide Human Resources with a completed Certification of Health Care Provider.

iii) Horizons Youth Services reserves the right to designate an employee's absence as a Pregnancy/Childbirth Disability leave pending receipt of the required written request and supporting documentation.

c) Extension of Leave

i) Any request to extend an approved Pregnancy/ Childbirth Disability leave shall be evidenced by an updated Certification of Health Care Provider form and submitted to Human Resources at least five (5) days prior to the original return to work date.

ii) Any request for an extension of a Pregnancy/Childbirth Disability will be denied to the extent that the additional leave requested would result in the employee taking leave in excess of four (4) months for a single pregnancy. However, the employee may request additional time off due to disability caused by pregnancy, childbirth or a related medical condition in excess of four (4) months for a single pregnancy in the form of a medical leave if eligible or in the form of a personal leave.

d) Return from LOA

i) An employee returning from a Pregnancy/Childbirth Disability leave totaling four (4) months or less for a single pregnancy will be returned to her same position unless it no longer exists or the Center was unable to hold it open. Under such circumstances, the employee will be offered a comparable position, if one exists and is available, that the employee is qualified to perform.

ii) When employees are released by their physician after four (4) months, one of the following will occur:

a. return to former position if available;

b. return to another available position for which they are qualified at the corresponding rate of pay;

c. if no position is available, the employee will be released from the payroll.

iii) Employees returning from a Pregnancy/Childbirth Disability Leave are required to submit to Human Resources certification from the employee's health care provider releasing the employee to return to work and, if applicable, specifying any limitations or restrictions medically necessary.

e) Benefits

i) During the first five (5) working days of the Leave for a single pregnancy (or equivalent if the employee is taking leave on an intermittent or reduced schedule basis), employees shall use available PTO. If such PTO is insufficient to cover the first five (5) working day period (or equivalent) of leave, the employee may use unused accrued PTO during the remainder of those five working days.

ii) During a Pregnancy/Childbirth Disability Leave, the employee will cease to accrue paid time off.

iii) Prior to going on leave, arrangements shall be made through the Human Resources Department for payment of contributory insurances. All checks should be made payable to Horizons Youth Services.

iv) An employee's delay in premium payment in excess of thirty (30) days will result in termination of insurance coverages.

v) A leave of absence will not interrupt an employee's accumulation of service relative to benefits.

f) Causes for Termination

i) Employees who do not return to work upon expiration of an approved Pregnancy/Childbirth Disability Leave, without receiving an extension of such leave (if previously approved for less than four (4) months for the pregnancy) or an approval for additional time off in the form of a medical or family care leave or personal leave, will be released from employment with Horizons Youth Services.

ii) An employee on Pregnancy/Childbirth Disability Leave may not work or provide services for compensation to any other person or entity during the period of the leave, or the employee's employment shall be terminated.

12) Jury Duty

a) An employee who is required to serve as a juror or has been subpoenaed to be a witness in a criminal case or civil lawsuit will be paid for time lost from his/her regular scheduled shift up to a maximum of ten (10) workdays. Such jury duty pay will be the difference between the daily fee the employee receives for jury duty service (as evidenced by a voucher showing the date of duty and amount of compensation received) and what would have been the employee's scheduled straight time earnings for that day had he/she worked. Employees are expected to return to work for partial days if excused from jury duty. Family related court appearances do not apply.

b) Court appearances for company business related purposes that occur during working hours will be considered as time worked and paid.

c) Subsistence travel or other expense allowance paid by the court shall not be included in determining pay received from the Center.

13) Occupational Disability Leave of Absence

a) Policy

i) An employee who claims to be have sustained a work-related injury or illness will be placed on an occupational disability leave until such time as it is determined by the employee's health care provider, or it is adjudicated through the worker's compensation process, that the illness or injury is not work-related.

ii) An occupational disability leave will be granted until:

a. a health care provider certifies that the employee is released to resume his/her usual and customary work schedule;

b. Horizons Youth Services is able to provide the employee with modified duty work consistent with applicable medical restrictions on the employee;

c. the employee is determined to be permanent and stationary and unable to resume his/her former duties;

d. the employee is medically released to return to work but does not, or resigns or otherwise indicates that he/she is not interested in returning to his/her former job.

iii) If the employee is eligible for medical leave, the beginning period of any occupational disability leave also shall be designated as a medical leave and counted as use of the employee's entitlement (up to 12 weeks in any rolling 12 month period) to take medical leave under the federal FMLA and comparable state statute.

iv) Occupational Disability leave may be taken in one continuous period, or on an intermittent or reduced work schedule basis, or a combination of the same.

v) Employees on occupational disability leave for 30 or more days during any performance review period, will have his/her performance evaluation date adjusted by the length of the leave and, if applicable his/her probationary evaluation date adjusted by the amount of time which remained in their probationary period prior to going on leave.

b) Procedure

i) An employee whose absence is claimed to be due to a work-related injury or illness shall report the injury to the Human Resources Department and submit a claim for workers compensation insurance benefits.

ii) Such employee shall also complete and submit to Human Resources an Occupational Disability Leave of Absence form and Certification of Health Care Provider completed by the employee's or the Center's health care provider.

iii) If any absence due to an occupational disability leave qualifying reason is for planned medical treatment or care, the employee is to schedule (to the extent possible) the treatment or care so as to create minimum disruption to the Center's operation.

iv) Horizons Youth Services reserves the right to designate an employee's absence as occupational disability leave, with or without medical leave designation, pending receipt of the required written request and supporting documentation.

c) Extension of LOA: Any request to extend an approved occupational disability leave shall be evidenced by an updated Certification of Health Care Provider.

These documents must be submitted to the Human Resources Department at least five (5) days prior to the original return to work date.

d) Return from LOA

i) An employee returning from an occupational disability leave will be returned to his/her same position unless it no longer exists. Under such circumstances, the employee will be offered a comparable position, if one exists and is available, that the employee is qualified to perform.

ii) Employees returning from an occupational disability leave are required to submit to Human Resources certification from the employee's health care provider releasing the employee to return to work and, if applicable, specifying any limitations medically necessary.

e) Benefits

i) During the waiting period of occupational disability leave (or equivalent if the employee is taking leave on an intermittent or reduced schedule basis), employees may use available PTO and, if such PTO is insufficient to cover the waiting period (or equivalent) of leave, unused accrued PTO to a maximum of 40 hours.

ii) After the waiting period of occupational disability leave, the employee may but is not required to use remaining PTO.

iii) During an occupational disability leave, the employee will cease to accrue additional PTO except during periods that the employee is using unused accrued PTO.

iv) Prior to going on leave, arrangements shall be made through the Human Resources Department for payment of contributory insurances. All checks should be made payable to Horizons Youth Services.

v) An employee's delay in premium payment in excess of thirty (30) days will result in termination of insurance coverages.

vi) A leave of absence will not interrupt an employee's accumulation of service relative to benefits.

f) Causes for Termination

i) Employees who do not return to work upon expiration of an approved occupational leave, without receiving an extension of such leave or an approval for additional time off in the form of a medical or personal leave, will be released from employment with Horizons Youth Services.

ii) An employee on occupational leave may not work or provide services for compensation to any other person or entity during the period of the leave, or the employee's employment shall be terminated.

14) Personal Leave of Absence

a) Policy

i) Full-time employees, with twelve (12) months of continuous service, who will be absent from work for more than ten (10) consecutive workdays for personal reasons are eligible to request an unpaid Personal Leave of Absence.

ii) A Personal Leave of Absence may be granted up to a maximum of three (3) months.

b) Procedure

i) Employees shall contact their Supervisor and the Human Resources Department to request a Personal Leave of Absence.

ii) A Personal Leave of Absence should be requested 30 days in advance.

iii) Employees granted a Personal Leave of Absence shall sign a Personal Leave of Absence form.

iv) Employees on a Personal Leave of Absence for 30 days or more will have their performance evaluation date recycled by the length of their leave.

v) Employees may be replaced due to business necessity.

c) Extension of LOA: Any written request to extend an approved personal leave of absence shall be submitted at least five (5) days prior to the original return to work date. The total length of a personal leave cannot exceed the maximum of three (3) months.

d) Return from LOA

i) An employee returning from personal leave may be returned to his/her former position.

e) Benefits

i) During a personal leave of absence, PTO will cease to accrue at the beginning of the leave.

ii) Prior to going on leave, arrangements shall be made through the Human Resources Department for payment of contributory insurances. All checks should be made payable to Horizons Youth Services.

iii) An employee's delay in premium payment in excess of thirty (30) days will result in termination of insurance coverages.

iv) A leave of absence will not interrupt an employee's accumulation of service relative to benefits.

f) Causes for Termination

i) Employees who do not return to work upon expiration of an approved personal leave, without receiving an extension of such leave will be released from employment with Horizons Youth Services.

ii) An employee on personal leave may not work or provide services for compensation to any other person or entity during the period of the leave, or the employee's employment shall be terminated.

Article XI. Evaluations

1) Employee performance will be evaluated bi-annually.

2) Employees will be given a copy of their performance appraisal provided they agree to sign for receipt of such copy. Signing the evaluation shall not indicate the employee’s agreement with the substance of the evaluation.

3) An employee shall have the right to enter a written response to the evaluation. The employee’s written response shall be attached to the evaluation in the employee’s personnel file.

4) There shall be a personnel file for each unit member. The personnel file shall be maintained in the Human Resources department. The personnel file shall be clearly marked as confidential. Separate files will be kept for documents related to investigations and grievances.

5) Actively employed unit members and unit members on leave of absence or layoff status shall have the right to review their personnel, investigative, and grievance files in the Human Resources office in the presence of the Human

Resources Manager, or designee. Actively employed unit members and unit members on leave of absence or lay off status may receive a copy of any document in the file they have signed. With written authorization of the unit member a Union representative may review the personnel, investigative, and grievance files.

6) Terminated employees have the right to a copy of their personnel file upon written request and will be required to pay for the copy.

7) New employees shall meet with their shift supervisor or designee to discuss duties and responsibilities as part of their initial orientation meeting.

8) Employees who receive an overall rating of “needs improvement “ or less on their evaluation shall be issued a performance improvement plan.

9) The performance improvement plan will include specific goals and objectives;

identification of deficiencies; specific timelines and strategies for improving performance; methods for reassessment and date by which the performance will be reevaluated.

10) The performance improvement plan will include a formal meeting between the supervisor or designee and the employee on at least a monthly basis for up to three (3) months. Failure to show consistent improvement after the first sixty (60) calendar days can result in termination of employment.

Article XII. Discipline

1) The purpose of this Article is to provide a remedial sequence of steps as a means of dealing with corrective action. Corrective action under this provision shall not apply to issues of competence.

a) Just Cause: No unit member shall be subject to corrective action or discipline…