Alternate Work Schedules
1. Policy Statement.
The use of alternate or flexible work schedules are designed to meet the operating and customer service needs of each department and enhance the work/life balance for employees in CEMA represented classifications. The availability of such schedules is not intended to change a department’s regular hours of operation, nor does it alter the responsibility or diminish the authority of the County to establish and adjust work schedules. Alternate Work Schedules shall not adversely affect the services that are provided to other operating units, co-workers or the public. The quantity, quality, and timeliness of employee work must be enhanced or maintained.
2. Definitions.
a) Standard Full-Time Workweek:In the County, schedules are set by the management of the various departments. It is recognized that unless otherwise established by agreement or practice, the regular County business hours are 8:00 a.m. to 5:00 p.m. Adequate coverage shall be maintained to assure the highest quality of service. There are variations to the business hours of 8:00 a.m. to 5:00 p.m. within some departments in the County to meet client needs.
As part of providing coverage, there are departments within the County that operate on schedules which are made up of one (1) or more shifts and operate up to 24 hours a day. In some of the areas which require more hours of coverage, shifts, by agreement, practice or exemption, may consist of hours over the regular County eight (8) hour work day.
b)Non-Standard Work Week:
- Flexible Schedules (non-standard hours).A flexible schedule is a fixed schedule that offers flexibility in arrival, departure and/or lunch times. A flexible schedule does not alter the total number of hours worked in a day and should be established for an extended period of time, not on a day-to-day basis. Employees can propose an arrival and departure time, for a total, minimum of eight hours of work per day (for full-time employees). A Department Head or Designee reserves the right to review and/or modify flexible schedules at anytime.Examples include, but are not limited, to:
- 7:00 a.m. to 3:30 p.m. Monday-Friday (with a half-hour lunch)
- 9:00 a.m. to 6:00 p.m. Monday-Friday (with an hour lunch)
- 8:30 a.m. to 5:30 p.m. (with an hour lunch)
- Alternate Work Schedules. A formal arrangement scheduled semi-annually that enables employees to work extended daily hours in order to take a portion of a day or a full day off during the work period established by the alternate schedule. Examples include, but are not limited, to:
- A "4-10" work week (normally a schedule comprised of 4 days at 10 hours per day)
- A "9-40" work week (normally a schedule comprised of 5 day work week with 4 days at 9 hours per day, and one 4 hour day)
- A “9-80” work week (normally a schedule comprised of each payperiod employee works eight 9 hour days and one8 hour day with one additional day off)
- A “2-10” work week (normally a schedule comprised of half-time employee who works two days at 10 hours per day)
3. Department Head or Designee Responsibilities.
The approving Department Head or Designee must account for the entire work unit demands when approving individual requests for Alternate Work Schedules. Unit demands include, but are not limited to Leaves of Absence, Voluntary Reduced Work Hours, Reasonable Accommodation, part-time status, teleworking, and/orflexible schedules.
Alternate Work Schedule requests will be considered on a case-by-case basis and will be reviewed for feasibility and assurance that the department’s efficient and effective operationwill not be interrupted. While it is not required that Alternate Work Schedules be uniformly applied to all positions in a department, the Department Head or Designee is responsible for ensuring the fair and equitable administration of this policy to eligible employees.
4. Employee Eligibility for Alternate Work Schedules.
Eligibility for participation in Alternate Work Schedules will depend on results of an assessment by the Department Head or Designee that determines that the employee’s proposed work schedule will enable the employee to fully meet job responsibilities and performance expectations.
The Alternate Work Schedules must ensure that all relevant considerations are addressed with regard to ensuring completion of the job for which an alternate schedule is requested and for the unit and department as a whole. Such relevant considerations include, but are not limited to, the following:
- Full- or Part-time status
- Classified or unclassified position
- Permanent underlying status (no original probationary status); others, on exception basis only, subject to approval by department head
- Employee is in compliance with County merit system rules, regulations or policies, and/or department rules and policies
- Demonstrated job performance to be able to work independently as determined by the immediate supervisor
- Regular work responsibilities can be covered,including call-back and on-call duties
- Job performance meets or exceeds expectations
- Can complete all regular work responsibilities
- Employee’s job duties allow them to be away from the County work site for a period of time during normal business hours
- Alternate Work Schedule does not impede other workers from performing their job duties
- Employee and supervisor agree on anAlternate Work Schedule, and it is approved by the Department Head or Designee. If the applicant is a FLSA non-exempt employee, the Alternate Work Schedule requires written approval from Labor Relations.
- Appropriate supervision of any subordinates is maintained and accounted for with the alternate schedule.
In addition to meeting the eligibility requirements, the following items are required prior to the approvalof an employee’sAlternate Work Schedule:
- The Alternate Work Schedule Request and Decision Form must be completed and approved.
- Work assignment expectations are reviewed and agreed upon by the Department Head or Designee.
5.Requesting Alternate Work Schedule.
If an employee applies foran Alternate Work Schedule, they must complete the Request and Decision Form and submit it, along with their plan, to theirDepartment Head or Designee that details the manner in which their job duties will be performed.
An employee may request anAlternate Work Schedule during the month of January for the period of March through August and during the month of July for the period of September through February of each year (the application dates will coincide with the Voluntary Reduced Work Hour Program).
An employee may request an Alternate Work Schedule, outside the periods outlined above; however, the Department Head or Designee may choose not to accept the request form. If a request is considered, such requests will not interfere with already approved schedules.
6. Approval of Alternate Work Schedule Request.
The Department Head or Designeewill review the request and notify the employee of their final determinationprior to the program start date. All Alternate Work Schedulerequests must have the approval of the Department Head or Designee. This decision is at the sole discretion of the Department Head or Designee and is not subject to the CEMA grievance procedure.Any additional changes to an employee’s Alternate Work Schedulemust be in writing.
7. Denial of Alternate Work Schedule Request.
An employee may request to meet with the Department Head or Designee to discuss the reason for denial of the Alternate Work Schedule request. This meeting shall occur within a reasonable period of time following the denial of the request. In the event the meeting does not occur, the employee can contact Labor Relations for further assistance.
8. Termination orSuspension to anAlternate Work Schedule.
The Department Head or Designee reserves the right toterminate or temporarily suspend an AlternateWork Scheduleat any time and to return an employee to their standard schedule if the employee’s schedule does not allow the department to operate effectively and efficiently; if changes in circumstances necessitate the return to a standard schedule (i.e. training); or if the employee experiences performance issues deemed to be related to the Alternate Work Schedule. Such circumstances will be evaluated on a case-by-case basis by the Department Head or Designee. Termination or a temporary suspension of the AlternateWork Schedule initiated by the Department Head or Designee requiresone full pay-period notice; however, the parties may mutually agree to the change the schedule sooner. The Department Head or Designee may provide less than one full pay-period notice if the Alternate Work Schedule has a negative and significant impact to department.
TheDepartment Head or Designee has the sole discretion togrant an employee’s request to terminate,suspend or temporarily change anAlternate Work Schedule.
9. General Terms and Conditions.
a)If the schedule has not been reapproved, all employees with an Alternate Work Schedule will revert to their former schedule at the end (6) six month period. If an employee transfers, promotes, terminates, or in any other way vacates or reduces their present code, theymust receive approval from the Department Head or Designeefor the new position or new code status for the balance of the (6) six month period.
b)Alternate Work Schedules must not cause nor contribute to the need for additional staff, equipment, or for existing staff to work additional overtime hours.
c)Alternate Work Schedules must not cause or contribute toanother employee working out of class (WOOC or TARD).
d)There is no requirement that Alternate Work Schedules be uniformly available to all positions in a department. Not every job function is conducive forAlternate Work Schedulesdue to Departmental business or service requirements. However, this should not preclude a Department Head or Designee from approving an AlternateWork Schedulefora particular position whose job functionsaccommodate an Alternate Work Schedule and/or would maintain or enhance services.
e)Where multiple employees request the same Alternate Work Schedule, a Department Head or Designee may apply any of the following methods to make their determinations:
- Absent an established written procedure on the distribution/rotation of an Alternate Work Schedule, the Department Head or Designee shall provide equitable rotation of the desired schedule.
- Break a tie by determining the days of accrued service for all employees who have requested the Alternate Work Schedule (as recorded on employee’s pay check).
- Discuss the competing request with the affected employees and attempt to come to a mutual resolution.
- Invite the Union to assist in developing a method to address the competing request.
f)Employees’ work schedules must be scheduled in accordance with their code status. Fulltime exempt employees in CEMA represented classifications may work more or less than forty (40) hours in a particular week and an Alternate Work Schedule does not prohibit an exempt employee from requesting Administrative Leave.
g)Vacation and sick leave will reflect the hours scheduled for the workday. (For example, if an employee is scheduled for 9 hours on Monday and requests vacation for the day, 9 hours of vacation will be applied from employee’s leave balance). Employees have to account for every hour scheduled.Working an Alternate Work Schedule will not result in additional benefits provided for an employee working an alternate fulltime work week (bereavement, holiday).
h)Employees will maintain, on a weekly basis, the County-approved log of commutes and distances “saved” for days not required to drive into work. This information may be gathered during evaluation periods or at other times to determine to what degree environmental measurements are being met through the alternate work schedule.
10. Alternate Work Schedules and Holiday Compensation.Alternate Work Schedules will not change the benefits of holiday pay or STO addback.
a)Holiday Compensation for Full-time FLSA Exempt Employees:
In accordance with Article 12.1(a):
- When a holiday falls on a normal scheduled workday, and employee does not work, theywill be paid eight (8) hours of holiday pay.
- Employee working a 4/10 schedule:the employee is scheduled to work a 10 hour shift, and does not work the shiftreceives 8 hours of holiday pay and will have 2 hours charged to STO, or LWOP at their option.
- When a holiday falls on a normal scheduled workday, and employee is assigned and worksa full day (8 hours or more), the employee will receive eight (8) hours of STO addback.
- When an employee is working a 4/10 schedule and works 10 hours, they shall receive pay for 10 hours worked and 8 hours STO add back.
- When a holiday falls on a normal scheduled workdayand an employee is assigned and works a partial day (less than 8 hours), they shall receive pay for hours actually worked and the balance of the shift as holiday pay, and add back the same number of hours worked for STO addback.
Example for 8 hour day for scenario #3: Employee required towork 3 hours on the holiday, it should be reported as:
3.0 Straight time Day-Regular Hours
3.0 STO Addback
5.0 Holiday Pay (for hours not worked)
- Example for 10 hour day for scenario #3: Employee is required to work 3 hours on the holiday, it should be reported as:
3.0 Straight time Day-Regular Hours
3.0 STO Addback
5.0 Holiday Pay (for hours not worked)
2.0 Charged to STO or LWOP at employee’s option (remainder of the shift)
- If the holiday occurs on an employee’s scheduled day off, and they do not work, the employee will receive eight (8) hours Scheduled Time Off (STO) addback.
- An employee on a 4/10 schedule willreceive pay for 8 hours STO add back.
- If the holiday falls on a normal scheduled day off, and employee is assigned and works, they will receive a maximum of 8 hours STO addback.
Employee on a 4/10 schedule will receive a maximum of 8 hours STO add back
b)Holiday Compensation for FLSA Non-Exempt Employees:
Examples of a ten (10) hour day:
1. If the holiday falls on a regularly scheduled ten (10) hour work day, and the employee is assigned and works, they will be paid time-and-one-half for all hours worked and eight (8) hours of straight time holiday pay and have two (2) hours charged to STO or LWOP at the employee’s option.
2. If the holiday falls on a regular work day and they do not work, the employee shall be paid eight (8) hours of straight time holiday pay and have two (2) hours charged to STO or LWOP at the employee’s option.
For a holiday falling on a normally scheduled day off (whether it’s a 9, 10, or 16 hour shift), and the employee does not work, they will receive 8 hours STO add back.
c)Holiday compensation shall be adjusted proportionately for part-time employees.
As of May 2012, theFLSA non-exempt classifications are listed below:
- B1T
- W1T
- B1R
- W1R
- J30
- B9C
- Q9C
- B5Z
- Z5P
- B5Y
- Z4P
- B18
- B95
- B1W
- W1W
- T29
- X20
9. Form.
Both the Employee and the Department Head or Designee must fill out the attached Alternate Work ScheduleRequest/Decision Form.
10. Required Documents.
The following documents are included as part of the policy:
- Alternate Work Schedule Request/Decision Form
- County-designated log
Version 1.0 (September 13, 2012)Page 1