A. Effective July 1, 1999, all Unit 2 classifications and employees shall receive a general salary increase of four percent (4%). The increase shall be calculated by multiplying the base salary by 1.04. The parties recognize that the actual salary increase for each classification may vary slightly due to rounding.
B. Effective September 1, 2000, all Unit 2 classifications and employees shall receive a general salary increase of four percent (4%). The increase shall be calculated by multiplying the base salary by 1.04. The parties recognize that the actual salary increase for each classification may vary slightly due to rounding.
The State shall pay an amount sufficient to enable employees, after completion of their first year in a position, to receive annual merit salary adjustments in accordance with Government Code Section 19832 and applicable Department of Personnel Administration rules.
Employees shall receive upon movement to an alternate range the salary and MSA provided in the Alternate Range Criteria for the class. If there are no specific salary regulations provided in the Alternate Range Criteria, the employee shall receive the salary and MSA as provided in DPA Rule 599.681. Employees, at their discretion, who are eligible for a range change may defer their range change up to six (6) qualifying pay periods in order to coincide the range change with the effective date of their MSA. Said request by employee shall be in writing and submitted no less than thirty (30) days prior to the employee's anniversary date for purposes of the range change.
5.4 Bilingual Differential Pay
Bilingual Differential Pay applies to those positions designated by the Department of Personnel Administration as eligible to receive bilingual pay according to the following standards:
A. Definition of bilingual positions for Bilingual Differential Pay
1. A bilingual position for salary differential purposes requires the use of a bilingual skill on a continuing basis averaging ten percent (10%) of the time. Anyone using their bilingual skills ten- percent (10%) or more of the time will be eligible whether they are using them in a conversational, interpretation, or translation setting. In order to receive bilingual differential pay, the position/employee must be certified by the using department and approved by the Department of Personnel Administration. (Time should be an average of the time spent on bilingual activities during a given fiscal year.)
2. The position must be in a work setting that requires the use of bilingual skills to meet the needs of the public in either:
a. A direct public contact position;
b. A hospital or institutional setting dealing with patient or inmate needs;
c. A position utilized to perform interpretation, translation, or specialized bilingual activities for the department and its clients.
3. Position(s) must be in a setting where there is a demonstrated client or correspondence flow where bilingual skills are clearly needed.
4. Where organizationally feasible, departments should ensure that positions clearly meet the standards by centralizing the bilingual responsibility in as few positions as possible.
5. Actual time spent conversing or interpreting in a second language and closely related activities performed directly in conjunction with the specific bilingual transaction will count toward the ten percent (10%) standard.
B. Rate
1. An employee meeting the bilingual differential pay criteria during the entire monthly pay period would receive a maximum $100.00 per monthly pay period, including holidays.
2. A monthly employee meeting the bilingual differential pay criteria less than the entire pay period would receive the differential on a pro rata basis.
3. A fractional month employee meeting the bilingual differential pay criteria would receive the differential on a pro rata basis.
4. An employee paid by the hour meeting the bilingual differential pay criteria would receive a differential of $.58 per hour.
5. An employee paid by the day meeting the bilingual differential pay criteria would receive a differential of $4.61 per day.
C. Employees, regardless of the time base or tenure, who use their bilingual skills more than ten percent (10%) of the time on a continuing basis and are approved by the Department of Personnel Administration will receive the bilingual differential pay on a regular basis.
D. Bilingual differential payments will become earnings and subject to contributions to the State Retirement System, OASDI, levies, garnishments, Federal and State taxes.
E. Employees working in positions which qualify for regular bilingual differential pay as authorized by the Department of Personnel Administration may receive the appropriate pay during periods of paid time off and absences (e.g., sick leave, vacation, holidays, etc.).
F. Employees will be eligible to receive the bilingual differential payments on the date the Department of Personnel Administration approves the departmental pay request. The effective date shall be retroactive to the date of appointment, not to exceed one (1) year, and may be retroactive up to two (2) years, to a position requiring bilingual skills when the appointment documentation has been delayed. The effective date for bilingual pay differential shall coincide with the date qualified employees begin using their bilingual skills on a continuing basis averaging ten percent (10%) of the time, consistent with the other provisions of this section.
G. Bilingual salary payments will be included in the calculation of lump sum vacation, sick leave and extra hour payments to employees terminating their State service appointment while on bilingual status.
H. Employees will not receive bilingual salary compensation for overtime hours worked, except upon separation from State service, regardless of total hours during the pay period. Agencies may not include bilingual salary compensation when computing overtime rate.
I. Employees receiving regular bilingual differential pay will have their transfer rights determined from the maximum step of the salary range for their class. Incumbents receiving bilingual pay will have the same transfer opportunities that other class incumbents are provided.
J. The bilingual differential pay shall be included in the rate used to calculate temporary disability; industrial disability and non-industrial disability leave benefits.
5.5 Overpayments/Payroll Errors
Overpayments/payroll errors shall be administered in accordance with Government Code Section 19838.
A. Notwithstanding Section 5.5 (Overpayments and Payroll Errors) and Section 5.7 (Timely Payment of Wages), departments may elect to proceed as follows as it pertains to "late docks".
1. Whenever an employee is charged with a "late dock" as defined by the State Controller's Office (SCO) for the purpose of issuing salary through the negative payroll system, departments may issue the employee's paycheck for that period as if no late dock occurred. This means that:
a. The employee will receive a regular pay warrant on pay day (unless it would have been withheld for purposes other than the late dock);
b. The employee will be overpaid, since the dock time will not have been deducted from the employee's pay check; and,
c. The employee's pay will be adjusted for any dock time occurring before the SCO cut off date, since late docks occur on or after the cut off date established by SCO.
2. Employees who are overpaid because of paragraph 1 above, will repay the State for their overpayment by an automatic payroll deduction of the total amount from their next month's pay check/warrant (or successive warrants where needed to satisfy the debt). Departments shall notify employees about the overpayment and the automatic payroll deduction in writing at the time the determination is made. The absence of said notification will not preclude the department from automatically deducting overpayments as otherwise permitted by this section.
3. Departments that elect to proceed under this section may do so on an employee-by-employee basis thereby reserving the right to issue salary advances in lieu of a regular paycheck in order to avoid an overpayment due to a late dock as the department deems prudent.
4. If an employee separates or retires from State service before satisfying late dock overpayments as a result of this section, the State shall deduct the total amount due from any other pay owing the employee at the time of his/her separation or retirement.
A. When a permanent full-time employee receives no pay warrant on payday, the State agrees to issue a salary advance, consistent with departmental policy and under the following conditions:
1. When there are errors or delays in processing the payroll documents and the delay is through no fault of the employee, a salary advance will normally be issued within two (2) work days after payday for an amount close to the actual net pay (gross salary less deductions) in accordance with departmental policy.
2. When a regular paycheck is late for reasons other than (1) above (e.g., AWOL, late dock), a salary advance of no less than 50% of the employee's actual net pay will normally be issued within five work days after payday. No more than two salary advances per calendar year may be issued under these circumstances.
3. The difference between the employee's net pay and the salary advance shall not be paid until after receipt of the Controller's warrant for the pay period.
4. The circumstances listed in (1), (2) and (3) are not applicable in remote areas where difficulties in the payroll process would not allow these timelines to be met. In these areas, the State agrees to attempt to expeditiously correct payroll errors and issue salary advances.
B. It will be the responsibility of the employee to make sure voluntary deductions (e.g., credit union deductions, union dues, etc.) are paid. Nothing in this subsection shall be construed as a waiver of any individual right an employee may have apart from this agreement, to bring a personal action against the State (e.g., to recover late fees due creditors) (e.g., credit unions, etc.) as the result of payroll errors or delays. Said actions shall not be the subject of the grievance and arbitration procedure contained in this agreement.
C. This provision does not apply to those employees who have direct deposit. This provision does not preclude advances if they are provided for under any other rules or policies where direct deposit is involved.
5.8 Recruitment and Retention, State Prisons
A. Effective July 1, 1998, Unit 2 employees who are employed at Avenal, Ironwood, Calipatria or Chuckawalla Valley State Prisons, Department of Corrections, for twelve (12) consecutive qualifying pay periods, shall be eligible for a recruitment and retention bonus of $2,400, payable thirty (30) days following the completion of the twelve (12) consecutive qualifying pay periods.
B. If an employee voluntarily terminates, transfers, or is discharged prior to completing twelve (12) consecutive pay periods at Avenal, Ironwood, Calipatria or Chuckawalla Valley State Prisons, there will be no pro rata payment for those months at either facility.
C. If an employee is mandatorily transferred by the Department, he/she shall be eligible for a pro rata share for those months served.
D. If an employee promotes to a different facility, or department other than Avenal, Ironwood, Calipatria or Chuckawalla Valley State Prisons prior to completion of the twelve (12) consecutive qualifying pay periods, there shall be no pro rata of this recruitment and retention bonus. After completing the twelve (12) consecutive qualifying pay periods, an employee who promotes within the Department will be entitled to a pro rata share of the existing retention bonus.
E. Part-time and intermittent employees shall receive a pro rata share of the annual recruitment and retention differential based on the total number of hours worked excluding overtime during the twelve (12) consecutive qualifying pay periods.
F. Annual recruitment and retention payments shall not be considered as compensation for purposes of retirement contributions.
G. Employees on IDL shall continue to receive this stipend.
H. If an employee is granted a leave of absence, the employee will not accure time towards the twelve (12) qualifying pay periods, but the employee shall not be required to start the calculation of the twelve (12) qualifying pay periods all over. For example, if an employee has worked four (4) months at qualifying institution and then takes six (6) months' maternity leave, the employee will have only eight (8) additional qualifying pay periods before receiving the initial payment of $2,400.
5.9 Special Salary Adjustment - Hearing Adviser, CEC
A. The Hearing Adviser, California Energy Commission, shall receive an additional 2.35 percent special salary adjustment, effective July 1, 1999.
B. The new minimum and maximum salary rates shall be calculated by multiplying each rate by l.0235 respectively and rounding to the nearest dollar. The parties recognize that the actual salary increase for the classification may vary slightly due to rounding. All employees in the class shall be entitled to the 2.35 percent increase. The increase shall be calculated by multiplying the employee's salary rate by 1.0235 percent and rounding to the nearest dollar. Employees shall retain their salary anniversary date.
5.10 Out-of-State Differential Pay
Unit 2 employees who are headquartered out-of-State or who are on permanent assignment to travel at least 50% of the time out-of-State shall receive a pay differential of $350.00 per month.
5.11 Special Salary Adjustment - Attorneys II/III/IV and Deputy Labor Commissioners I/II
A. Attorney classifications at the II (and comparable Range D levels), III and IV levels, and Deputy Labor Commissioners I and II, shall have the maximum of the salary ranges increased by two (2) percent, effective July 1, 1999.
B. The new maximum salary rate shall be calculated by multiplying the current maximum rate by l.02 respectively and rounding to the nearest dollar. The parties recognize that the actual salary increase for each classification may vary slightly due to rounding. Employees who have been at the top step of their salary range for twelve (12) months or more shall move to the new maximum salary effective July 1, 1999.
5.12 National Judicial College Differential
Employees in classes enumerated in Article XIII, section 13.6(D) who receive a certificate from the National Judicial College shall receive a monthly differential of 5% of their salary beginning no later than July 1, 2000.
5.13 Special Salary Adjustment - Deputy Commissioner, Board of Prison Terms
A. The Deputy Commissioner, Board of Prison Terms, shall receive an additional three (3) percent special salary adjustment, effective July 1, 1999.
B. The new minimum and maximum salary rates shall be calculated by multiplying each rate by 1.03 respectively and rounding to the nearest dollar. The parties recognize that the actual salary increase for each classification may vary slightly due to rounding. All employees in the class shall be entitled to the three (3) percent increase. The increase shall be calculated by multiplying the employee's salary rate by three (3) percent and rounding to the nearest dollar. Employees shall retain their salary anniversary date.