Policies

CalTime (OE Timekeeping Initiative)

This page is a list of all frequently asked questions for the CalTime (OE Timekeeping Initiative) section. Please click on the appropriate question to view its answer.

Biweekly Pay Conversion

Where should I go if I have questions?

  • The Payroll and HR websites – for answers to question about the details of biweekly pay cycles and the Transition Assistance Plan
  • Your HR representative – for questions about non-exempt status, and overtime reporting
  • Unit managers – for questions about the impact on processes in your units

How is the campus preparing employees for this transition?

  • Informational resources will be provided in the form of a biweekly toolkit on the web.
  • To help bridge the transition weeks, a Transition Assistance Program will provide eligible employees with the option of a short-term, no interest loan of $100 to $1,000 from the University and/or a cash out of up to 80 hours of leave from employee’s existing accrued vacation time and/or accrued compensatory time.
  • CalTime will provide an automated tool for employees to record time worked via computer or time clock, depending on the job and the unit.

Will there be ongoing communications about the biweekly pay cycle conversion?

Yes. Announcements will be posted on the Central Payroll website. If you have questions for which you need immediate assistance, please email biweekly@lists.berkeley.edu.

Why are exempt employees remaining on a monthly pay schedule?

Exempt employees receive a predetermined salary each pay period, regardless of the amount of time worked, and are not eligible for overtime. Exempt employees are required to report only non-productive time, such as vacation or sick time.

What do "nonexempt" and "exempt" mean?

  • Nonexempt employees are eligible for overtime under the Fair Labor Standards Act (FLSA) and record their actual time worked.
  • Exempt employees are not eligible for overtime.
  • If you are unsure of your exemption status you can

Can I choose not to go to the biweekly pay schedule?

No. All nonexempt employees will be making the switch to biweekly pay. For union-represented employees, the change is subject to collective bargaining.

What is the advantage to employees?

  • Employees will receive overtime pay more frequently.
  • Employees, including students, will be paid every other week.
  • The campus will reduce the number of pay cycles from 9 to 2, and standardize the pay period reflected in the employee’s paycheck.

Why is UC making this change?

The transition is part of a system-wide plan to bring employees at all UC locations onto a standardized pay schedule, with the goal of improving the quality and efficiency of UC's business processes. The new system provides several benefits, including:

  • A systematic approach to payroll time reporting
  • Standardized payroll cycles across all UC locations
  • More efficient and effective time reporting
  • Fewer manual adjustments

Background Check

General Information

What is the relevant policy?

Background Check Policy located here.

Does a background check include checking into a person's credit rating and personal finances?

Whether or not a credit rating is required for the job depends on the nature of the work. Most positions do not require this check.

Who determines which positions are "sensitive?"

The hiring manager, in consultation with Human Resources, will determine which positions should be designated as critical, or "sensitive," based on the duties and responsibilities of each position.  The type of position will determine what background checks are required.  For example, only those who drive for the job will need a DMV check.

When are background checks required?

Background checks are required of an employee who moves into a critical, or sensitive, position as a new hire, transfer, promotion, reclassification, or changes in job duties that move a position into a critical or "sensitive" category. This includes career, limited, contract, per diem, student, and volunteer positions.

Where policies, work rules, and contractual provisions related to background checks for specific personnel programs currently exist, it is intended that the provisions of this policy be applied in conjunction with those provisions. Represented employees will remain covered by the relevant contractual provisions and the previous policy pertaining to background checks while collective bargaining obligations are completed. See Bargaining Agreements, and Labor Relations for more information.

Current employees do not have to undergo background checks unless a transfer, promotion, reclassification, or change in their job duties moves their position into a sensitive category, as defined by the criteria for designated critical positions in PPSM 21, section V.

Do current employees have to undergo background checks?

Current employees do not have to undergo background checks unless a transfer, promotion, reclassification, or change in their job duties moves their position into a sensitive category, as defined by the new criteria.

What exactly does this policy do?

The policy provides guidance on the criteria for determining when positions are sensitive and require background checks. It articulates the responsibilities of the department and other campus units, describes the process for background checks, including the notification process, and provides for the confidentiality of information gathered and the protection of privacy of individuals undergoing background checks.
 

Why do we have this policy?

The university has an obligation as an employer to provide a safe learning and work environment, and as a steward of public funds to protect its assets.  To that end, individuals in positions that require, for example, handling cash, access to restricted spaces, working with children, or access to personal information are checked to ensure they have no conviction history relevant to their employment. Although this is no guarantee against criminal acts, it does reduce the likelihood of crime, and may reduce the university’s liability in the event a crime occurs. Such activity impacts morale and can have a significant financial impact on the institution.   If problems occur, assistance for departments may be available through the University's Employee Dishonesty Insurance Policy, available at: read the full text of the policy.

Access and Privacy

How long will the background results remain on file at the UCPD?

The UCPD will keep the background check results on file at their office until the employee leaves the campus.  When an employee leaves and is not expected to return, departments can send an email to UCPD notifying them that the individual has left University employment. The UCPD Records Unit will destroy records after an employee leaves and will notify DOJ to discontinue the updates. Departments can send the email to this UCPD address: fingerprints@lists.berkeley.edu.

How will the University protect an individual's right to privacy?

Conviction history background checks are conducted by the campus Police Department (UCPD) under the supervision of the Chief of Police. The UCPD will serve as the Office of Record for all conviction history background check results and will maintain confidentiality. Departments will not receive any details of a background check, only a notification of whether the background check has revealed any convictions relevant to the job duties. UC policy and state and federal laws recognize a subject's right to privacy and prohibit campus employees and others from seeking out, using, or disclosing personal information except within the scope of their assigned duties

Where should departments file background check information?

Background check information should not be kept in an individual's personnel file. For current employees, this information should be kept in a separate file. For applicants who are hired, background check information should be kept in the recruitment file for that position. If someone is not hired, it is ok to keep all of the information in one file. Visit the following HR web site for other questions and answers about staff employee personnel files including a list of items that do not belong in the personnel files of an employee: Personnel Files.

Who will have access to the background check results?

The University of California Police Department (UCPD) will maintain the results of background checks. If there are no convictions, UCPD will notify the department to complete the hiring process. The original report will remain in the Police Department. If there are convictions within the last seven years, the UCPD will notify the Background Check Committee, which will review the results and make final determinations regarding the suitability of subjects for specific positions. In accordance with California law AB655, the UCPD will also provide a summary of the background check to the subject of the investigation, regardless of the results.

Funding, Costs, and Financial Liability

Since any potential liability is mostly to the campus, why must the departments be responsible for the decision to designate a position as sensitive and for providing the funding?

The policy places the responsibility on the department to determine which of their positions should be designated sensitive. Additionally, there can be financial consequences for a department when a crime is committed in that department. For financially sensitive positions: the University has an insurance policy for employee dishonesty, but the deductible is $1,000,000. The department would have to pay for losses under that amount. For other sensitive positions: although it is true that the General Liability Self-Insurance Program would pay for many of these liabilities, under certain circumstances the General Liability Program could compel departments to pay for the first $50,000 of any loss. The most common reason the General Liability Self-Insurance Program asks for department contributions is "violation of University or campus policy." Failure to conduct a background check when appropriate would fit under that category. Currently, there are no central campus funds available to help off-set this expense. The responsibility and cost of background checks may provide an incentive to some departments to structure their internal business processes with needed checks and balances to avoid the need for the background checks.

What are the costs for background checks, who determines the rates, and who pays for them?

The current rate (as of April 2016) for background checks is $94-105 for the combined Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) reports. The campus Police Department (UCPD) is responsible for coordinating the background checks and will recharge the department for this service. The rates were established and approved by the campus Recharge Committee, are subject to annual review and may be modified in accordance with campus recharge policy.

Time Issues

How long does a background check take?

The length of time needed to complete a background check varies by type of check.   Except for fingerprinting, other types of background checks are to be completed before appoint to a position. Since conviction history checks can take upwards of two months for UCPD to receive the DOJ and FBI information, an appointment can be made contingent on successful completion of this part of the background check.

The DOJ and FBI returns are generally received within 1-2 days of the fingerprinting. However if there are any issues it can take upwards of 1-2 months to receive both returns.

Hiring Issues

Can employees be hired before the background check has cleared?

Per UC policy, with the exception of fingerprinting, other types of background checks are to be completed prior to being appointed to a designated critical position (e.g. DMV, credit rating).  Since it can take longer for UCPD to receive the results from a DOJ and FBI check, appointments can be made contingent on successful completion of that portion of the background check.

Reclassifications

What about assignment of new job duties, including reclassification?

Per UC policy, with the exception of fingerprinting, other types of background checks are to be completed prior to being appointed to a designated critical position (e.g. DMV, credit rating).  Since it can take longer for UCPD to receive the results from a DOJ and FBI check, appointments can be made contingent on successful completion of that portion of the background check.

Transfers and Promotions

When hiring an employee who claims to have already cleared a campus background check, how can departments accurately verify a previous fingerprint session?

To find out if an individual has already had a background check, departments can inquire by calling UC Police Department 642-6760 for instructions.

Why are we to advise UC employees who have applied for an internal position to provide notice to their current department only after the background check has cleared?

This is because there is no provision in the policy to hold or guarantee the old job if an employee gives notice and the background check subsequently precludes that individual from accepting the new sensitive position. The principle here is to preserve an individual's job rights.

Student Employment Issues

When are student volunteers required to have background checks?

This will depend on the situation:

  • Background checks are required if a student is filling a position that falls under the definition of a designated critical position (See PPSM 21, section V).
  • If a student volunteers to work for a campus sponsored event or program which involves minors (individuals under 18 years of age), a background check is required, unless the student's interaction with these minors is supervised at all times.
  • If students will be donating time and effort in a manner that benefits others (non-UC sponsored opportunity), the agency or institution accepting the volunteer is liable. In this case, campus departments are not responsible for obtaining the background check.  Liability for actions of volunteers would reside with the organization using the volunteers, not the organization supplying the volunteers, unless there is an agreement to the contrary.
  • If a student volunteers to host a high school senior for a night as part of Cal's Senior Weekend activities, departments should transfer liability to the parents of the senior coming to campus. If this is done, a background check of that student volunteer would not be required. (Departments can call the Office of Risk Management to obtain a waiver of liability, agreement, or memo of understanding).

If you have questions about whether you need a background check for work-study students or student volunteers, consult with your HR Partner.

Are background checks required each time students or other employees who are on semester assignments in sensitive positions leave the campus and return to start a new campus position?

As long as the student returns to the same sensitive position or one that is similar, background checks are not required each time students leave the campus and return to start a new position. If the employee has already cleared the background check for a particular sensitive position, the UC Police Department (UCPD) will continue to receive automatic updates from DOJ/FBI notifying them of any subsequent convictions. Subsequently, there is no need to obtain additional background checks unless the nature of the sensitive job duties change. These automatic updates will continue to come to UCPD until a department notifies them that the employee no longer works for the University. UCPD then has to notify DOJ/FBI to discontinue the updates.

Can departments hire student employees and limited employees and allow them to begin working in sensitive positions before background check results are completed?

Since both student employees and limited employees can be terminated at will if the background check reveals relevant convictions, a department may at their discretion choose to let such employees begin working in some positions before completion of the background check. It depends upon the kinds of sensitive duties the employee would perform and the potential consequences of behavior. For example:

  • For a position that has been designated sensitive because of access to cash, the department may carefully weigh the University's business need against risk management considerations and decide that a student or limited employee whose job duties would include, e.g., part-time operation of a cash register in a low-volume gift-shop operation does not pose a significant financial risk of theft or embezzlement, and can allow the employee to begin performing the duties before the background check results have been received.
  • For a position that has been designated sensitive because of duties involving contact with children, the potential consequences of even a single act that caused harm to children would outweigh any business need considerations, and the individual should not be allowed to start working in the job before being cleared
  • For a position that has been designated sensitive because of access to keys, the decision of when a student or limited employee can begin work should take into account the nature of the theft or harm that could result from misuse of the keys. For instance, if the employee would possess keys to an office supplies storeroom, the department may consider that this does not represent a risk of significant theft. But if the employee possesses keys to dormitory rooms or to laboratories with hazardous materials, the consequences of misuse of the keys may represent too great a risk of harm.

DMV Pull Notice Program

Are departments required to use Fleet Services to get DMV Pull Notices for employees who will operate vehicles as part of their job?

Departments have the option of using the Fleet Services Pull Notice Program to order periodic DMV checks and be recharged, or Sacramento's DMV Pull Notice Program at no cost (UC is exempt from charges). To use the Sacramento Pull Notice Program, departments will need to apply for their own user codes and maintain their own records for audit purposes. For information about the Sacramento DMV Pull Notice Program, call the DMV Employee Pull Notice Unit at (916) 657-6346.

Inter-campus Transfers

Can background check information about a UC employee be transferred from one campus to another, in the case of a transfer from one sensitive position to another sensitive position on a different campus?

Fingerprint information and perpetual updates from DOJ/FBI cannot be transferred between campuses when a career UC employee in a sensitive position transfers from one campus to another. The UC Police Department (UCPD) has clarified that the agency that submits the fingerprints is required to use a unique identifying number issued by the DOJ; information cannot be transferred from one agency to another. (For example, if a person is transferred from UC Berkeley to UC San Francisco [UCSF], UCPD would drop him/her from their database. If UCSF wanted to track that individual, they would need to submit a new set of fingerprints to DOJ/FBI). Protection of privacy and confidentiality issues prohibit agencies from sharing data. Consequently, background checks should be obtained before hiring/promoting career employees who are transferring from another UC campus to fill sensitive positions, when there will be no break in service.

If there will be a break in service, in most cases this individual may begin work (provisionally) before the background check is complete, since s/he will serve a new probation period and can be released if s/he does not clear the background check.

Unions, Bargaining Agreements and Labor Relations

Will employees represented by Teamsters 2010 be subject to the background check policy?

The intent of PPSM 21 is that it will apply to represented as well as non- represented employees in defining designated critical positions and the processes associated with conducting background checks.   Existing work rules for represented positions are assumed to be consistent with these requirements of the policy.   Where they may differ, the collective bargaining agreement prevails.

Departments considering actions that may change employee terms and conditions of employment including reorganizations or changes in work rules, should consult with their HR Partner regarding a possible bargaining obligation.

Procurement Card Users

When are background checks required for people who use Procurement Cards (P Cards)?

The Background Check policy criteria states that background checks are required of those who have authority to commit financial resources of the University through contracts greater than the Low Value Purchase Authority. Therefore, if the Procurement Card user is only authorized for purchases up to the Low Value Purchase Authority maximum of $2,500 per transaction, no background check is required. Departments should make sure that the appropriate audit procedures are in place.

Identification Needed for Live Scan

Can a UC employee use a UC-issued photo ID for identification for background checks/live scan?

No. The UC- issued photo ID (Cal 1 Card) cannot be used as identification for background check/live scan service. The UC Police Department has clarified that the State of California DOJ and the FBI only accept the following types of ID to conduct a fingerprint scan: driver's license, passport, or birth certificate with a picture ID.

Review Committee

Can I appeal a decision by the Background Check Committee to reject my employment?

Yes.  If you receive a letter from the Background Check Committee that you are not recommended for employment, it will contain instructions on the appeal process.  It does happen that there is additional information that was not available to the committee at the time of the initial decision.  We give potential employees an opportunity to provide that information through the appeal process, and will carefully consider it.

How long does it take for the Background Check Review Committee to make its decisions?

The Committee typically completes its review within seven days of receiving notification of a Department of Justice (DOJ) and Federal Bureau of Investigations (FBI) background check with convictions, not seven days from being fingerprinted.  Occasionally there are delays in receiving DOJ and FBI information.

If there is a nexus between the conviction history and the job duties, the individual may not be recommended for employment.  Examples include convictions for theft, embezzlement, identity theft or fraud and job duties that have fiduciary responsibilities or access to personal information. Convictions for child molestation and other sex offenses will automatically preclude an individual from employment that involves direct unsupervised contact with students, outreach programs, or access to residence facilities.   These illustrate the decision-making criteria.

Does a conviction automatically preclude an applicant from employment or a current employee from a reclassification or promotion?

No. Berkeley does employ individuals with conviction histories.  If there is a conviction, the Background Check Committee will review it in the context of the job responsibilities and make the final determination regarding the individual's suitability for employment in the position. The Review Committee may recommend additional controls that a department would need to implement before employing, promoting, or reclassifying a person to the position. Consideration will be given to the specific duties of the position, the circumstances of the offense(s), and whether the convictions were disclosed in advance by the applicant.

Are there certain kinds of convictions that will automatically preclude hiring or promotion into a sensitive position?

Individuals with convictions for theft, embezzlement, identity theft or fraud cannot be hired into positions with fiduciary responsibilities. Convictions for child molestation and other sex offenses will automatically preclude an individual from employment that involves direct unsupervised contact with students, outreach programs, or access to residence facilities. Workplace or domestic violence, or other convictions for behaviors that would be inappropriate for specific jobs may also be grounds for denial of employment/promotion. This list is not inclusive, but serves to illustrate the decision-making criteria.

Does the Background Check Review Committee have final decision-making authority regarding the suitability of an individual for employment in a sensitive position?

Yes. The Committee reviews all background checks in which convictions are found and makes the final determinations regarding the suitability of individuals for specific positions.

Convictions

What conviction history information is considered?

Your qualifications for the job are evaluated first.  Hiring managers will not see the information provided or have access to additional information you may provide.

If you are a finalist for a job, you will be required to supply information about any convictions for a felony or misdemeanor that resulted in imprisonment, probation, or fine over the past seven years.

You are not to report any of the following:

  • Traffic violations with an imposed fine of $500 or less, e.g. DUIs
  • Any offence that was finally settled in a juvenile court or referred to the Youth Authority.
  • Any incident that has been sealed under Welfare and Institution Code Section 781 or Penal Code Section 1203.45.
  • Any conviction in Health and Safety Section 11.361.5, which pertains to various marijuana offenses.

How far back does the check for convictions go? Will it include all convictions?

Only convictions within the past seven years will be considered by the Review Committee. The DOJ will report conviction results in the State of California, and the FBI will report national convictions.  However, the only ones the Background Check Committee reviews are those that occurred within the last seven years, and only those that are not restricted by law.

Process & Forms

What specific forms and documents are needed for this process, and where can they be obtained?

The following forms can be found on the UCPD website:

Sample Letters of Notification (to inform an individual that employment in a particular sensitive position is conditional upon the results of a background check) are available on the Background Check: Forms & Sample Letters page.

Diversity and Inclusion

This page is a list of all frequently asked questions for the Diversity and Inclusion section. Please click on the appropriate question to view its answer.

What's the difference between an affirmative action goal and a quota? Does the University of California have a quota system?

An affirmative action goal provides a target to strive for and to measure the success of your recruitment efforts.

A quota indicates that the result is pre-determined and inflexible.

The University does not set quotas. Rather, the University sets affirmative action recruitment goals with the expectation that hiring managers conduct inclusive recruitment when there is a job opening. It is the University's policy to select the best qualified person for the job and to document recruitment/selection efforts.

Can the University ask applicants to self-identify their status as a covered veteran or as an individual with disabilities?

Yes. Beginning in 2014, the University will begin to ask applicants to self-identify their status in these categories, following regulatory changes initiated by the Office of Federal Contract Compliance Programs (OFCCP).

Why isn't underutilization determined at the departmental level?

In many cases, the work force numbers would be too small to be interpretable.

Why aren't American Indians or Blacks considered underutilized in Senior Management Group-Executives job group?

Utilization analysis (in the affirmative action sense) compares the percentages of minorities or women qualified and available for a given job group against their representation in the actual job group; when the representation is less than the availability, underutilization exists. The numbers of minorities or women in the actual job group is not compared against the numbers of women or minorities in the general population. Occupational parity is the criteria used for determining underutilization, not population parity. The availability for American Indians and Blacks in the Senior Management Group is 0.8 and 9.4 percent, respectively.

Doesn't underutilization show that the campus is discriminating against certain groups?

No. It is neither a finding of discrimination nor a finding of a lack of good faith affirmative action efforts. Rather, underutilization is a technical targeting term used exclusively by affirmative action professionals to measure affirmative action programs.

Do you still have to target recruitment for an underutilized position if there is good representation of that group otherwise?

Yes. Because there is underutilization, good faith efforts must be made to ensure that a diverse pool will be available.

Can recruitment advertisements for campus positions encourage minorities, women, veterans and individuals with disabilities to apply?

Yes. Advertisements must continue to state that the University is an "Equal Opportunity/Affirmative Action Employer." It is also recommended for advertisements to state that "all qualified applicants are encouraged to apply, including minorities, women, veterans, and individuals with disabilities."

Are there funds available to assist departments who do not have money to do inclusive recruitment?

No central funds are available. However, in many cases, inclusive recruitment does not mean the need for more money, but more creativity. For example, departments may send the posting to professional organizations or affinity groups. Or, departments with similar occupational job openings can share advertising costs. Contact your Employment Recruiter for ideas.

How can good faith efforts toward meeting affirmative action goals be achieved without considering race, ethnicity, or sex?

In hiring, departments may only consider Affirmative Action goals when recruiting for positions. Race, ethnicity and gender cannot be used during the selection process once the applicant pool has been developed. Affirmative Action goals are displayed in Talent Acquisition Manager (TAM) after the job title and department are input. When there are openings, departments can make good faith efforts by noting the affirmative action placement goals that are displayed in TAM, and supplementing general outreach efforts with inclusive recruitment to underutilized minorities and women. This helps ensure that a diverse applicant pool will be available. When there is underutilization, race, ethnicity and gender can be used in the recruitment process without violating Proposition 209. In training and development, departments can make career advancement/promotional opportunities available to interested and qualified employees, including minorities, women, protected veterans, and individuals with disabilities.

Hasn't California Proposition 209 eliminated affirmative action?

No. As a federal contractor, the University is obligated to comply with federal laws and regulations regarding affirmative action and nondiscrimination in employment. These obligations include ensuring diverse pools of applicants for campus positions; developing and implementing affirmative action plans that identify areas of underutilization of minorities and women; developing and disseminating annual placement goals and demonstrating good faith efforts to eliminate underutilization. California Proposition 209 both contain provisions that require continued compliance with federal regulations to keep the University eligible to receive federal funds.

Will managers still need to be accountable for meeting affirmative action objectives?

Yes. Managers are responsible for making good faith efforts toward achieving affirmative action goals and objectives and should be evaluated on their performance in this area.

Employee Initiated Reduction In Time (ERIT) Program

What is ERIT?

The ERIT program allows eligible employees to voluntarily reduce their appointment  percentage and corresponding pay for a specified period of time.

Why is ERIT being offered?

ERIT is being offered as an optional tool the University can be used as a temporary cost savings resource. Check with your Human Resources Office and department head to find out if your location and department are offering ERIT.

Where will the savings from ERIT be allocated?

The cost savings will be retained by the departments of the employees who participate in ERIT.

Are exclusively represented employees eligible to participate in ERIT?

Participation in ERIT by exclusively represented employees is subject to agreement by the applicable union. Check with your local Human Resources Office regarding your eligibility to participate.

Does the reduced percentage of time need to be the same during each month of my ERIT contract or can it vary as long as the average percentage reduction over the entire period of my participation in ERIT is the same as the percentage reduction reflected..

Full Question: Does the reduced percentage of time need to be the same during each month of my ERIT contract or can it vary as long as the average percentage reduction over the entire period of my participation in ERIT is the same as the percentage reduction reflected on my ERIT contract?

You should have the same reduction in time and pay in each pay period of your ERIT contract. However, with your department head’s approval, your work schedule within a pay period may be flexible from week to week as long as the total time reduced during the pay period is the same as the percentage time reflected in your ERIT contract.

Is the minimum reduction of 5% of full-time equivalent to a specified amount of time?

Yes, based on a 40-hour week, 5% of full-time would be 2 hours per week, regardless of whether your previous appointment was 100% or some other percentage.

If I am already on a temporary reduction in time (voluntary or involuntary) before I have the chance to sign up for ERIT, can I still participate in the program?

Yes, if you have a temporary voluntary or involuntary reduction in time prior to the starting date of ERIT, you may request to participate in ERIT prospectively. If your request is granted, you may enter into an ERIT contract and you need not increase to your regular appointment prior to ERIT in order to reduce your time under ERIT. However, your appointment percentage under ERIT may not be less than 50%.

If I have a part-time appointment, can I participate in ERIT?

Yes, you may participate in ERIT by reducing your time at least 5% of full-time. However, your appointment percentage under ERIT may not be less than 50%.

I would like to enroll in a class next September. Can I sign up for ERIT beginning in September or must my ERIT contract begin on July 1, 2014?

Department heads may offer ERIT any time between July 1, 2014 and June 30, 2017. Some departments may elect to offer the program for the entire period; others may elect to offer the program only during certain months (such as the summer months); while some may elect to not offer ERIT at all. Check with your department head regarding the availability of the program in your department during the period of time you are interested in reducing your time.

Must an ERIT contract begin only on the first day of a month and end only on the last day of the month?

For employees who are paid monthly, an ERIT contract must begin on the first day of a month and end on the last day of a month. For employees who are paid bi-weekly, time reductions are to be made in two bi-weekly increments, so an ERIT contract would begin on the first day of the bi-weekly pay period and end on the last day of the second bi-weekly pay period.

Can I continue my participation in ERIT if I transfer or if I am promoted to another position in the same or different department?

If the relevant department head approves, you may continue your participation in ERIT for the term of your ERIT contract when you accept another position in the same or a different department.

If I sign up for ERIT, will my workload be adjusted to reflect my reduction in time?

ERIT participants should review their assigned workloads with their supervisors to work out a corresponding reduction in workload or assignments.

Can an employee who has a variable appointment participate in ERIT?

Employees with variable appointments are not specifically excluded from participating in ERIT; however, because of the fluctuating nature of variable appointments, it would be difficult to determine the pre-ERIT appointment percentage on which time reductions and benefits under the program would be based.

Can an employee who works a 4/10 or 9/80 schedule participate in ERIT?

Yes, employees who work these alterative schedules can participate in ERIT. For example, an employee on a 4/10 schedule who wants to reduce to 90 percent time could work a 4/9 schedule by reducing each work day by 10% (an hour each day); while an employee on a 9/80 schedule can work a 9/72 schedule by working 8 hours per day (a 10% reduction).

How can an exempt (salaried) employee participate in ERIT, since the employee works whatever time it takes to get the job done?

An exempt employee may reduce his or her time and corresponding pay from 5% to 50% of full-time under ERIT. An appropriate workload reduction and a focus on working to meet job responsibilities rather than working a specified period of time are the intended approaches to ERIT for exempt employees. Because time records for purposes of pay cannot be kept for exempt employees who receive the same salary each pay period regardless of hours worked, exempt employees who participate in ERIT may find a schedule involving full days off useful. However, this would not preclude occasionally working some time on those days if necessary to meet a deadline.

Does my ERIT reduction in time affect the amount of vacation and sick leave that I earn?

No, you will continue to accrue vacation and sick leave at your pre-ERIT appointment percentage.

How does my participation in ERIT affect my holiday pay?

Under ERIT, you will receive holiday pay in proportion to your reduced time, in accordance with the applicable personnel policy or collective bargaining agreement.

How does ERIT affect my retirement service credit and retirement contributions?

Under ERIT, UCRP service credit will accrue in accordance with your ERIT appointment percentage, so if you reduce your appointment from 100% to 75%, you will accrue 75% service credit. Your retirement contributions under ERIT, they will be 75% of the prior 100% contribution.

Does ERIT affect my eligibility for health and welfare (medical, dental, vision) benefits?

No, your eligibility for health and welfare benefits will not be affected by ERIT because your percentage of time on pay status under ERIT cannot be reduced below 50% time.

Can I buy back the additional UCRP service credit that I would have accrued if I didn’t participate in ERIT?

Buyback of UCRP service credit applies to leaves of absence. There is no provision in UCRP for buying back service credit for reductions in time.

What effect will a lower salary under ERIT have on my current pre-tax contributions to the Defined Contribution Plan (DCP)?

The DCP requires contributions as a specific percentage of eligible salary; therefore, contributions will be lower.

Will my ERIT reduction in time affect my Highest Average Plan Compensation (HAPC) used for calculating my retirement benefit or my Final Salary used for calculating Pre-retirement Survivor Income or Disability Income benefits?

Highest Average Plan Compensation (HAPC), which is used to calculate UCRP Monthly Retirement Income or Lump Sum Cashout, is based on monthly Full-Time Equivalent Compensation and does not change as a result of participation in the ERIT Program.

Final Salary, which is used to calculate Preretirement Survivor Income, Death Benefits for Members who became active before October 1, 1990, and Disability Income, will be adjusted to reflect the average percent of time on pay status during the preceding 36 months if an employee dies or becomes disabled while participating in the ERIT program.

Does my lower salary under ERIT have any effect on my disability and life insurance benefits?

Disability benefit payments for both the Short-term Disability Plan and the Supplemental Disability Plan will be based on your pre-ERIT salary and your premiums will continue to be based on your pre-ERIT salary.

Supplemental and Dependent Life Insurance will not be impacted by participation in ERIT– premiums and coverage will continue to be based on your full-time salary rate. Basic Life Insurance will be calculated using your full-time salary rate and your pre-ERIT appointment percentage.

What is the impact of ERIT on my 403(b) Plan or 457(b) Plan contributions?

If your Tax-Deferred 403(b) Plan or 457(b) Deferred Compensation Plan contributions are deducted as a percentage of your compensation, your contributions will be reduced if you participate in ERIT.

Are there other effects of ERIT that I should know about?

Refer to the list of “Important Considerations” in the ERIT Contract(U280)

What if I change my mind about reducing my time after ERIT begins?

Deciding to participate in ERIT represents a commitment. However, an unforeseen change of circumstances during your participation may occur that requires you to end your contract. If you wish to return to your pre-ERIT percentage of time, you may do so provided that you give your supervisor at least 30 days advance notice. Advance notice of termination will be waived if your request to terminate your contract is due to an emergency situation. You must complete the ERIT Contract Amendment (page 2) and return it in accordance with local ERIT procedures.

Can a department “call back” an employee to his or her original percentage of time?

ERIT is intended to be two-way commitment between the employee and his or her department for the benefit of both. However, when there is a business need, a department head may end an ERIT contract with 30 days advance notice.

Can I adjust my ERIT percentage of time after initial approval?

Since ERIT commitments will be used to project departmental savings and for planning purposes during the fiscal year, percentages of time should not be changed. However, circumstances beyond your control may warrant an increase or decrease in the percentage reduction. ERIT participants may change their percentage reduction once during the ERIT contract with 30 days advance notice. You must complete the ERIT contract amendment and return it in accordance with local ERIT procedures.

Can I be laid off while on ERIT?

With programs like ERIT, the University hopes to minimize layoffs. However, the current budget uncertainties make it impossible to guarantee protection from a permanent or temporary layoff for employees who volunteer for ERIT.

If I am laid off while on ERIT, are my recall and preferential rehire rights limited to positions at the same or lesser percentage of time as the ERIT position?

No, you will retain recall and preferential rehire rights to positions at the same or lesser percentage of time as your position prior to the ERIT reduction in time, in accordance with applicable personnel policies or collective bargaining agreements.

What happens to my seniority for purposes of determining the order of indefinite layoff while I am on ERIT?

Your seniority for the purpose of indefinite layoff will be treated the same as if you had not volunteered for ERIT. When calculating seniority for the purpose of layoff, departments will need to be sure ERIT participants are credited appropriately.

How do I sign up for ERIT?

After you have worked out an appropriate work schedule which has been approved by your department head, you and your department head must sign the ERIT Contract (U280) and return it, keeping a copy for yourself, in accordance with local ERIT procedures.

Flexible Work Arrangements: Myth/Reality

Myth: Productivity will decrease with flexible work arrangements.

Reality: Flexible work arrangements can function as a no-cost benefit that actually increases productivity. Most of the literature on flexible work arrangements indicates that morale and productivity improve when employees are permitted even a small degree of flexibility. Recruitment capability and retention rates improve as well, and absenteeism is often reduced.

For example, a 1995 survey of 200 'Fortune 1000' companies regarding telecommuting indicated that 58% of employers reported increased productivity (on the order of 20% more productive); 61% reported reduced absenteeism; 63%, improved retention; 64%, reduced costs for office space; 63%, reduced stress; and 79%, improved morale. (Source: Bureau of National Affairs, 11/6/95.) In a 1991 study of six major Bay Area corporations conducted by this campus's Institute for Transportation Studies, "Managers reported that flexible scheduling improved productivity, morale, and punctuality, and that absenteeism declined when workers exercised some choice in their work schedules."

Myth: Adequate communications (with supervisors, co-workers, and those whom the unit serves) will be difficult, if not impossible, if people are on a variety of schedules.

Reality: With proper planning, communications problems can be minimized. Some techniques and tools include sign-out boards, clear procedures regarding check-in times and hours of availability, emergency coverage, provisions for availability of and security for materials, and use of electronic tools (i.e., voice mail, e-mail, fax machines, and dedicated phone lines).

Myth: If employees are not at work when I'm at work, I won't know how hard the employees I supervise are working--or even whether they're working at all. It will be difficult to evaluate performance.

Reality: It is not effective - nor really even possible - to know how hard employees are working by watching them work. Employees who are closely observed often resent it and work less well as a result; it's not possible to stand over someone's shoulder anyway. Unless you are eavesdropping on phone conversations or staring at someone's computer screen, you can't know whether what they are doing is work-related. Thus, eyeball management is not useful, and needs to be replaced with a focus on results--regardless of what arrangement anyone has.

Myth: Employees have a right to flexible work arrangements.

Reality: Assignment of schedules and work locations is a basic management right. Employees may request consideration, but they do not have a right to any particular arrangement. Employees requesting changes in work arrangements should use the attached checklist, "Developing a Proposal: Checklist for a Flexible Work Arrangement," to try to address management's concerns before making a formal request.

Myth: If I'm on a flexible schedule, I can come and go as I please.

Reality: Supervisors can set reasonable parameters for flexible schedules (for example, core periods are strongly advised, and employees can be required to come in for emergencies). Also, attendance records must be kept, just as for employees on more traditional schedules. Finally, overtime compensation requirements remain in effect for employees who are non-exempt from the Fair Labor Standards Act (FLSA), and overtime policies under personnel policies and contracts must be followed. (For example, non-exempt employees must still request approval in advance before working overtime.)

Myth: If I approve flexible work arrangements for my staff, I will lose control of operations, and the workplace will become chaotic.

Reality: Flexible work arrangements are not a right; supervisors retain control. No supervisor is required to--and no supervisor should--approve any arrangement that will have a negative impact on the unit's ability to meet its responsibilities. (However, the supervisor should certainly keep an open mind in reviewing requests, and should make reasonable efforts to determine ways in which disruptions to operations can be avoided. As stated above, Human Resources staff and workshops are available to help you make this determination.)

Myth: If I approve a flexible work arrangement for one employee, I'll have to approve them for everyone.

Reality: Flexible work arrangement decisions must be fair; however, fairness is not the same as equality. It is true that all employees should have an equal right to request consideration for a flexible work arrangement. However, whether a particular flexible work arrangement is feasible for a particular employee depends on a variety of factors, including the nature of the work assignment and characteristics of the employee.

Examples:

  • Work which demands physical presence (for example, receptionist, maintenance, or food service) cannot be done while telecommuting.
  • An employee who needs close personal supervision (for example, someone in the probationary period, or someone with a poor performance record) may be required to be at work only when the supervisor is present.
  • An employee who needs to have constant, easy access to materials or to equipment may be required to be present when those materials or pieces of equipment are accessible.
  • No employee should be permitted to work in situations that are potentially dangerous, due to equipment or security concerns.

There are, however, ways to work around some of the above concerns. The Police Department, for example, can help address security concerns for employees working unusual hours; supervision can be exercised by means other than direct observations; and employees with duties requiring physical presence can sometimes share these duties with other employees, so that some of their job, some of the time, does not require physical presence. Your Employee Relations Consultant can help you determine what might be feasible.

Myth: Services will be reduced and costs will increase if we use flexible work arrangements.

Reality: With inadequate planning, this can indeed happen. However, well-planned flexible work arrangements sometimes enable departments to extend their service hours, and to make more effective use of space and equipment. In addition, flexible work arrangements can facilitate flexible staffing patterns that lead to real cost savings.

Myth: These arrangements represent major changes with a high potential for disruption in services.

Reality: Flexible work arrangements have been around in one form or another since the University was founded. What is new is the rapid expansion of their use for staff. A great many campus employees are already working in flexible arrangements of some sort - and most employees are happy with only very minor variations in the "old 8 to 5."

In other words,

  • These arrangements are not new, and
  • Small changes can produce big results in terms of retention, morale, and productivity.

Myth: Personnel policies and contracts (collective bargaining agreements) don't permit flexible work arrangements.

Reality: All of the flexible work arrangement possibilities described in this Guide are possible under personnel policies and contracts. (There may, however, be union notice requirements in some situations, so supervisors should contact their Employee Relations Consultant when proposing changes for employees covered by contracts, to determine whether notice is necessary.)

FMLA

Eligibility

Are Limited (appointment type 3) Employees eligible for the Step salary adjustment?

No, these Juily 1, 2014 step increases for CX and SX are not intended for non-career employees.

Notice and Certification

What information can the University request in the medical certification of a serious health condition?

You cannot request a diagnosis or description of the condition. Medical certification is limited to the following information:

  • Confirmation that the employee (or the employee's family member) has a serious health condition as defined by Federal and State law;
  • The date of the onset of the serious health condition;
  • The probable duration of the serious health condition;
  • A written statement that the employee is not able to perform the essential functions of his or her job; and
  • If intermittent leave or a reduced work schedule is being considered, a statement that it is medically necessary.

Is there provision for a second (and possibly a third) medical opinion if the University questions the adequacy of an employee's medical certification?

Although the University is not permitted to request additional information from the employee's health care provider if the employee has submitted a complete certification signed by the health care provider, a health care provider that represents the University may contact the employee's health care provider, with the employee's permission, for the purpose of clarifying and authenticating the medical certification.

Can an employee be required to provide a return-to-work medical certification when leave has been taken due to the employee's serious health condition?

Yes, under the following circumstances:

Certification of medical release to work may be obtained from staff employees who are not covered by a collective bargaining agreement if the department has a uniformly applied policy requiring all employees who take medical leaves for similar purposes to obtain medical certification of their ability to perform the essential functions of their position.

Certification of medical release must be obtained from employees who are covered by system-wide collective bargaining agreements where family and medical leave has been negotiated, if the employee has been granted a medical leave for any reason except pregnancy-related disability.

Certification of medical release to work may be required from academic employees in accordance with local procedures.

Failure to provide a medical release to return to work when requested by the University may result in denial of reinstatement until after the employee submits the required medical release.

Is medical certification of a qualifying condition mandatory or discretionary?

Under law, medical certification is discretionary for both staff and academic appointees. Leave may be designated by the Department as falling under FMLA/CFRA if you know, or have reason to believe, a serious health condition exists (e.g., the employee is hospitalized). However, University policies and union contracts for staff and academic personnel differ on whether medical certification is mandatory in order to document a FMLA/CFRA qualifying event. Check the applicable policy or union contract, or consult with your Employee Relations Specialist or Office of Academic Personnel.

How often should a Department request medical re-certification?

The University may require medical re-certification of employees who are completely off work or on a reduced schedule leave once the originally specified leave period has ended. In cases where the leave period is indefinite, a request for re-certification may be made every 30 days.

An employee who is returning from an intermittent family and medical leave cannot be required to obtain a return-to-work medical certification. However, the University can seek re-certification of the underlying illness or injury once the leave period specified on the medical certification has come and gone or prior to that time if:

  1. The circumstances have changed (e.g., the employee is absent more
    frequently than the certification indicated); or
  2. The University obtains information casting doubt upon the stated
    reasons for the absence.

Is the University required to give written notice to an employee that his or her request for leave has been designated as family and medical leave?

Yes. Departments must provide the employee with notice of eligibility and designation of the leave as qualifying under FMLA/CFRA. The University's initial notice to an employee that a request for leave will be designated as family and medical leave must be given verbally or in writing within two business days of the date the leave was requested. If the notice is verbal, it must be confirmed in writing no later than the following payday (unless the payday is less than one week after the verbal notice, in which case the notice must be given no later than the subsequent payday). The written notice may be given in any form, including the "Leave of Absence Form."

Can a leave be designated as FMLA/CFRA retroactively?

Generally, leaves cannot be retroactively designated as falling under FMLA/CFRA. Any request to retroactively designate time off as FMLA/CFRA leave should be carefully reviewed with your Employee Relations Consultant. If an employee wishes to request that time off be considered as FMLA/CFRA leave, he/she should make the request within 2 days of returning to work.

Pay and Benefits Status

Who would not be considered a family member for purposes of FML?

Grandparents, grandchildren, in-laws or other persons that are not related but are residing in the employee’s household are not covered by FML.

What does it mean that an employee is “needed to care for” a family member?

An eligible employee may take FMLA covered leave in order to care for a seriously ill spouse, child, or parent as defined by the law, policy or contract. The health care provider must either certify that third party care is required or that the employee’s presence would be beneficial to the patient. Certification will be sufficient to satisfy this requirement and entitle the employee to FMLA time off. This provision is intended to accommodate needs for leave to provide psychological comfort for a seriously ill eligible family member, and to arrange “third party” care for an eligible family member.

If an employee's unpaid family and medical leave begins in the middle of the month, what is the employee's benefits entitlement?

Because health premiums are paid in advance for the entire month (e.g., August earnings generate September UC contributions for September coverage), premiums would have already been paid for the entire month even if the leave began in the middle of the month. If the leave lasted the full twelve weeks, it would also end in the middle of a month. UC contributions for Health insurance coverage would have already been generated at the beginning of that month for the entire month. As a result, the UC contribution may be generated for up to four months, although the actual entitlement is only 12 workweeks.

How does family and medical leave interact with leave granted for an illness or injury compensable under the Workers' Compensation Act?

If an employee receives temporary disability payments under the Workers' Compensation Act and the employee has a serious health condition as defined by Federal and State family and medical leave statutes, the first 12 workweeks of the leave should be designated as family and medical leave, provided that the employee meets the eligibility requirements and has not already exhausted his or her 12 workweek entitlement.

Is an employee required to exhaust paid leave (i.e., accrued vacation and sick leave) prior to using unpaid leave during a family and medical leave?

Yes, in most cases:

  • Staff employees who are not covered by a collective bargaining agreement must exhaust all accrued vacation prior to taking an unpaid leave unless otherwise requested by the employee and approved by the department head, provided that the leave is not running concurrently with pregnancy disability or work-incurred illness or disability leave. At the employee's option, accrued sick leave may be used in the event that the employee is taking leave due to his or her own serious health condition or up to 30 days sick leave in the event that the leave is being used to care for the employee's family member.
  • The use of paid leave varies by collective bargaining agreement for staff employees who are covered by contracts. You should consult the applicable contract for details.
  • Academic appointees may exhaust accrued vacation and sick leave prior to an unpaid family and medical leave. Under no circumstance may the University require that an employee use accrued compensatory time off during family and medical leave. However, if the University allows an employee who is otherwise qualified for family and medical leave to use accrued compensatory time off, such time cannot be counted against the employee's entitlement to 12 workweeks of family and medical leave.

Record Keeping

Can an employee use compensatory time off during family and medical leave?

No. If the university allows an employee who is otherwise qualified for family and medical leave to use accrued compensatory time off, such time cannot be counted toward the employee’s entitlement to workweeks of family and medical leave. Further, under no circumstances may the University require that an employee use accrued compensatory time off during family and medical leave.

What if an employee refuses FML altogether?

The employer is responsible for designating the FML, not the employee. Leave may be designated by the university as FML if you have knowledge or reason to believe a serious health condition exists (e.g., the employee is hospitalized or off work due to an occupational injury or has communicated to you that the need for leave is to care for a seriously ill family member that is medically documented). It is critical that the University designate qualifying leave as family and medical leave for a number of reasons:

  1. to ensure that the employee gets the benefit and protection of the law
  2. to establish that we have complied with our notice and designation obligations
  3. to make sure that we are not obligated to give additional family and medical leave during that leave year simply because of a failure to properly designate the original leave

How should a supervisor or department chair report leave taken in less than full-day increments for FLSA exempt employees?

Under the FMLA, employers are allowed to dock the leave banks and pay of FLSA exempt employees for partial day absences without affecting the employee’s qualification for exemption under FLSA. Records of actual hours worked by FLSA exempt staff and faculty who are granted family and medical leave on either a reduced work schedule or on an intermittent basis must be kept to ensure that the employee or member of the faculty receives his or her complete entitlement to 12 workweeks of leave and so that the department knows when the family and medical leave ends.

How is a workweek counted for employees who take leave on a reduced work schedule or intermittent basis?

When an employee takes leave by working a reduced work schedule (e.g., reducing from 100% to 80%) or on an intermittent basis (e.g., a day here and there in different weeks), only the amount of leave actually taken is counted toward the 12 weeks leave entitlement.

Is an employee entitled to an additional day of leave if a holiday falls during the employee's family and medical leave?

No. The fact that a holiday may occur within the week taken as family and medical leave has no effect; the week is counted as a week of family and medical leave. However, if employees generally are not expected to report for work for one or more weeks (e.g., winter holiday closure), the days of the closure do not count against the employee's entitlement to family and medical leave.

How do periods of Active Service-Modified Duties (ASMD) interact with family and medical leave for academic appointees?

ASMD does not affect FML. ASMD is not a leave, therefore FML is not affected.

How is a workweek counted for employees who have an appointment of less than full time?

An eligible part-time employee is entitled to family and medical leave for a period not to exceed 12 of his or her scheduled workweeks. For example, an employee who has a scheduled workweek of four hours a day (five days a week) is entitled to leave for 12 workweeks each comprised of four hour days.

How is a workweek counted for an employee who works a variable schedule?

If an employee's schedule varies from week to week, a weekly average of the hours worked over the 12 weeks prior to the beginning of the leave period should be used to calculate the employee's normal workweek.

What is the significance of keeping complete and accurate records of all absences designated as family and medical leave?

The University is required to keep such records for Department of Labor inspections for a period of no less than three years. Failure to maintain records is a violation of FMLA and subjects the University to applicable sanctions. If complete records are not kept of all qualified family and medical leaves, the University may find itself in the position of granting additional time off (i.e., up to 12 workweeks) with health care benefits coverage for a qualified family and medical leave because records do not exist showing that family and medical leave had already been taken. Additionally, failure to properly document leave as covered by FMLA could result in disciplinary action being taken against an employee based on absences that were for protected family and medical leave purposes.

What happens to an employee's family and medical leave records when the employee transfers to another department or campus?

The employee's family and medical leave records must be transferred to the new department or campus.

Where should FMLA paperwork be stored?

FMLA paperwork should be maintained in a separate file like medical records. [Note: Medical records should not be kept in the employee's personnel file.]

How should the notification to employees be handled if the area responsible for producing the notice is not informed until several days (or weeks!) have passed?

FML generally cannot be retroactively designated/ therefore, it is important to provisionally designate leave as family and medical leave. According to the federal regulations, failure to designate a leave as family and medical means that the person may enjoy the protection of the Act for the period of the leave not properly designated and is still entitled to the 12 workweeks of FML form the date the leave is finally designated.

Who is the Office of Record for family and medical leave records?

Local procedures may vary, but in most cases, the home department has been designated the Office of Record, and therefore, has the responsibility for maintaining all documentation and records pertaining to the family and medical leave. It is also the department’s responsibility to keep the local employee relations, human resources, or academic personnel office updated regarding the status of a given employee’s family and medical leave.

Which office is responsible for determining and documenting eligibility for and usage of FMLA leave?

The home department is the Office of Record and therefore, responsible for determining and documenting eligibility.

Layoff Resources

Information for Employees: Employment Rights

If I apply for jobs on campus, can other departments see my personnel file?

Yes. Campus departments may review your personnel file before making a selection. It's a good idea to request a review of your personnel file so you'll know what is in it, so you can be better prepared for job interviews. You want to be able to give your perspective on anything that is in your personnel file, since the department may not review your personnel file until after the interview.

Can I accept a temporary or limited position on campus while I'm eligible for preferential rehire?

You may be able to work in temporary assignments during this period, depending on your skills, the type of assignments available, and other eligibility criteria, based on current policies and contractual agreements.

How does the preferential rehire process work if several laid-off employees apply for the same position?

If several employees apply for the same position under preferential rehire rights, the hiring department will review the resumes in the order in which they were received.

Can I work on my resume and go to interviews during work time?

PPSM and many of the labor agreements (Teamsters 2010, UPTE Research, UPTE Technical, AFSCME) provide for reasonable release time with pay for job interviews on campus (and comparable time for interviews on other campuses). Paid release time is provided for you to meet with a campus Employment Analyst to work on your job search efforts (including resume preparation). Talk to your supervisor about the possibility of working on your resume or doing other job search activities that are not disruptive during work time.

Is there a trial period for jobs I accept through recall or preferential rehire? Is this the same as the standard probationary period?

Trial employment applies to preferential rehire, but not to recall. The difference between trial employment and probation is that if you are released during trial employment, you are placed back on layoff status without any loss of time towards your preferential rehire eligibility period.

Is there severance pay?

You should refer to the appropriate contract or Personnel Policies for Staff Members (PPSM) to determine your rights to severance pay in a layoff. (See Policies and Contracts for links.)

How does the recall process work?

Recall rights are rights back to the same department and same classification title held at time of layoff.  The responsibilities and requirements could vary but if the department has a need for the classification title, it will refer to their recall list.

If I refuse a job offer, how will that affect my eligibility for recall and preferential rehire rights?

Refusing a job offer while you're on preferential rehire or recall status may cause you to lose your preferential rehire and recall rights. The number of refusals allowed varies by policy and union contract, so you should check the contract or policy that governs your employment for details. The recruiter in Employment Services will also give you a layoff checklist that will include this information.

If I accept a job off campus, do I still have preferential rehire rights?

If you accept a job off campus, you can still exercise your preferential rehire and recall rights during your eligibility period. Be sure to verify your eligibility period with your recruiter in Employment Services or your Department Personnel Manager.

How many jobs can I apply for under preferential rehire?

You can apply for as many jobs as you wish, as long as they meet the eligibility requirements for preferential rehire under the contract or policies that govern your employment and as long as you meet the qualifications of the job.

What are my rights in a layoff?

All University employees have certain rights in relation to layoff, unless they are Managers and Senior Professionals in Salary Grades VIII and IX or in the Executive Management Program. Your rights may vary depending upon the union contract or personnel policy that governs your position. These rights may include preference for reemployment and recall to the job from which you are laid off. You may be eligible for severance pay. To learn what you are eligible for, read the union contract or Personnel Policies for Staff Members that covers your position, in the section(s) relating to layoff or reductions in time.

If you believe your layoff violates the union contract or personnel policy covering your position, you may file a grievance (under union contracts) or a complaint (under Personnel Policies for Staff Members). The grievance and complaint procedures are included in the union contracts and in Personnel Policies for Staff Members.

What types of jobs does preferential rehire cover? Do they need to be at the same level, hours, salary, etc.?

Preferential rehire covers any open, vacant position for which you are qualified and which is at the same salary or lower salary range midpoint as your former position. If you are covered by a bargaining unit, preferential rehire rights only apply to positions within that bargaining unit.

Information for Employees: Benefits

If I am eligible to retire, what steps should I take to maintain eligibility for health and dental insurance as a retiree?

If you meet eligibility requirements, (a University of California Plan member who is age 50 or more with 5 years or more of retirement service credit or a member of a reciprocal retirement plan) the University may continue to contribute toward the cost of your University-sponsored medical and dental coverage when you retire from the University. To be eligible, you must begin receiving monthly retirement income within 120 days of your separation from employment (your coverage in the medical and dental plan must be uninterrupted during this period). Your eligibility for this benefit also depends on the date you were hired and your years of service credit in UCRP or other retirement plan to which the University contributes. For more information, see the Retirement Handbook  (PDF), also available from your Department Benefits Counselor.

How will my retirement benefits be calculated if I accept a position at a lower compensation level?

The UCRP retirement calculation is based on your age and total service credit at time of retirement and your highest average plan compensation (HAPC), the full-time salary rate over any consecutive 36-month period. Therefore, accepting an appointment at a lower compensation level will not reduce your HAPC.

Are support groups or individual counseling available through my medical plan?

UC's health plans do have mental health coverage. For more information on how to access this coverage, contact your health plan directly or go to CARE Services, who can assist you with a referral.

What happens to my health and insurance benefits if I am laid off?

Some benefits can be continued through the Consolidated Omnibus Reconciliation Act (COBRA). You and/or your eligible family members may be eligible to continue your UC-sponsored medical, dental, vision, and Health Care Flexible Spending Account (Health FSA) through COBRA continuation. Note: All payments under COBRA, including those for the Health FSA, are with after-tax dollars; you must apply within 60 days of receiving a COBRA notice or your layoff date, whichever is later.

Some coverage can be maintained for four months by paying premiums, and then converted: You may continue your Supplemental Life, Dependent Life, Accidental Death, and Dismemberment for up to four months after the month your layoff begins. To make arrangements, contact Angela Dizon (adizon@berkeley.edu or 642-0684) in the Central Payroll Office.

Some coverage can be converted: You may convert your Basic Life, Supplemental Life, and/or Dependent Life (each plan converts from group life to an individual policy) within 31 days of your coverage end date without proof of insurability. For more information, contact the Prudential Life Insurance Conversion Office at 1-877-889-2070, 9:00 am to 5:00 pm, EST.

Some coverage stops: Group disability insurance, Business Travel Accident, and Workers' Compensation end on your last day actively at work.

Can I get Unemployment Insurance?

Generally, you are eligible for unemployment insurance if you are laid off. Contact your local Employee Development Department (EDD) or look on the EDD website to file a claim and locate Unemployment Insurance benefits information.

The EDD Unemployment Insurance booklet is located on the EDD website as follows:

  1. Go to the EDD website.
  2. Click on Forms & Publications in the left column under General Information.
  3. Find Unemployment Insurance Publications and click on Forms and Publications in this section.
  4. Scroll down to the DE2320 publication, For Your Benefit-California's Programs for the Unemployed, available in English, Spanish, Chinese, and Vietnamese.

Where can I get information about how my benefits are affected by a layoff?

The What To Do If You're Being Laid Off and Benefits Checklist Supplement, provide full information about how benefits are affected when an employee is laid off.

Information for Departments

If someone is rehired after receiving severance pay from the University, what are the guidelines for the severance payback?

The department that is rehiring an employee needs to ask whether the employee has received severance from the University. If the employee has, and is still receiving severance, the department that originated the layoff calculates the amount to be refunded to the University. To determine repayment policy, consult the appropriate contract or policy.

In PPSM, for example, if an employee received 12 weeks of severance pay and returned to a career position two weeks after being laid off, at the same or higher salary and at the same percentage of time as the position held at the time of layoff, he would owe the University back pay for 10 weeks. The amount would be calculated based on gross earnings and would be submitted to payroll for processing.

What kind of an agreement should there be between the employee returning severance and the department?

The department and employee work out an arrangement for the payback. Payment can either be made in a lump sum or through payroll deduction. Lump sum payments should be made out to UC Regents. If payroll deduction is chosen, a reasonable payback schedule should be determined. For example, it may be reasonable to ask the employee to have one week of severance deducted from his paycheck for each upcoming month. This agreement should be in writing. Individuals should confer with their personal tax consultants regarding tax implications.

What is the source of funding for severance payments when a layoff occurs and the employee elects severance pay?

Funding for severance payments when a layoff occurs will be made available through department funds. Departments will want to consider the potential obligation to make severance payments as a part of the budget planning process.

Can I give the employee severance pay?

Most contracts and policies specify whether or not severance pay is appropriate. For example the UC - Teamsters 2010 agreement specifies that severance pay can be given in lieu of preferential rehire and recall rights. First, read the appropriate contract or policy. Then if you have questions, contact your Employee Relations Specialist to determine whether severance pay can be offered in your layoff situation.

What are "special skills"?

"Special skills" are considered in out-of-seniority layoff actions. There may be situations where a position requires special licensing that the senior person cannot acquire. Or the position may require a credential that cannot be obtained in a reasonable amount of time (3-6 months). The same would hold true if special skills were needed that the senior person could not acquire within a reasonable period of time (3-6 months). Rationales for out-of-seniority layoffs should state that specific skills are required and why the senior person cannot acquire them in a reasonable amount of time.

When can I tell the employee that s/he is being laid off?

Your first contact when contemplating a layoff action should be with your Employee Relations Consultant. He/she will help you develop a time line for layoff notice to the employee and the union. In general, we want the employee to be informed as soon as the layoff date has been set.

It's important that you communicate with employees early and often. When you believe layoffs may be possible, keep the staff informed. When you are ready to provide information to the union about specific individuals, tell the employee(s) who are the most likely to be laid off that their position/work is targeted, but that it is in the proposal state. Employees should find out from you, not from the union, that they may be laid off. More detailed information about communications related to layoff may be found in the Communication Guidelines for Departments.

What is an out-of seniority layoff?

Generally, a layoff is by seniority, which means that the least senior person (amount of service with the University) in the classification is laid off. In some situations certain positions require very "special skills," which may require the retention of the employees in these positions. If this occurs, a more senior person may be laid off first. This is an out-of-seniority layoff. Please see Seniority Provisions Calculations for detailed information.

Who provides notice to the unions?

The Labor Relations unit provides the notice to the unions after you provide the information to your Employee Relations Specialist, who will coordinate with Labor Relations. The process for the final notice may take up to a week.

What information is required from a department when union notice is required?

Because contracts have different provisions, it is best to talk to your Employee Relations Specialist about exact requirements for your situation. However, usually the following is required: proposed layoff date, the reason for the layoff, budget information and other information used by management in reaching the decision, names, classification, seniority points for employees in the same classification, rationale for out-of-seniority layoffs, and "before" and "after" organization charts.

Is there a different notice procedure for laying off a group of employees (five or more) at the same time compared to laying off one or two employees at a time?

The notice procedure for laying off a group of employees at the same time, when they are covered under the same contract, may differ depending on the provisions of the contract. For example the UC Teamsters 2010 agreement specifies that for five or more full time equivalent (FTE) Teamsters 2010 employees being laid off at the same time, the University must notice the union at least 45 days before the layoff date. The union may use this time to meet with the department to discuss the impact of the layoff. Any meeting would be coordinated through the Labor Relations Unit.

What is the difference between a temporary layoff and a furlough?

A furlough is that portion of a partial year career appointment during which an employee does not work, planned in advance as part of the schedule. For example, a unit may not need certain staff during the summer months and every year these employees are scheduled to be off for the months of July and August. Furloughs may not exceed a total of three months in a calendar year.

A temporary layoff, however, is usually due to unexpected loss of funding. Staff is laid off for a short period of time (not more than four months) and is then returned to work. Check the applicable contract or PPSM policy for details.

Is reduction in time considered a layoff?

Yes. If a career employee's time is reduced, it is considered a layoff, and the employee is entitled to layoff rights. If an employee has a 100% appointment and it is reduced by 20% to an 80% appointment, the employee has layoff rights to a 100% position. This is true no matter what percentage of time this job is reduced to.

A reduction of time is a layoff only if the University tells the employee he must reduce his time. If the employee requests a reduction, it is not a layoff.

Mandated Reporters

What happens if a mandated reporter refuses to sign the acknowledgment forms?

For new employees, refusal to sign the mandated reporter acknowledgment forms can be the basis to revoke an offer of employment. For current employees, refusal to sign the mandated reporter acknowledgment forms can be the basis to prohibit the employee’s contact with children. Under the UC Policy on Reporting Child Abuse and Neglect, this can lead to disciplinary action up to and including dismissal.

The current CANRA acknowledgement forms state that an employee must be advised about their reporting requirements prior to employment. How can an existing employee sign this if they weren’t advised?

OGC is aware of this and is working on revising the acknowledgment forms. In the meantime, OGC advises that current employees note the date when they received the acknowledgment form right on the form itself.

Do departments have to provide employees with copies of CANRA?

No. Employees are asked to sign forms acknowledging their responsibility to report known or suspected abuse in compliance with CANRA. The acknowledgement forms provide employees with a link the complete statute (California Penal Code sections 11164-11174.4) available at Official California Legislative Information.

How should departments track when an existing employee completes mandated reporter forms?

All current employees who are in mandated reporter positions must sign statements acknowledging that they have knowledge of CANRA and will comply with its provisions. If such statements are not on file, the department must obtain them from the employee.

A department’s HR administrator should indicate on HCM when an employee has signed and completed mandated reporter forms.

Steps to Track Mandated Reporter Form Completion in HCM:

  1. Navigate to Workforce Administration > Job DataBring up the employee's record.
  2. Do NOT click to add a new row. (This is the ONLY action in the Job Data section of Workforce Administration that does not require a new row.)
  3. Click on the Employment Data link at the bottom of the page.
  4. In the Mandatory Reporting Signature Date field, enter the appropriate date.
  5. Click the Save button.
  6. Place the form in the employee’s personnel file.

What should departments do when a new employee completed mandated reporter forms?

All new employees who are in mandated reporter positions must sign statements that they have knowledge of CANRA and will comply with its provisions. Campus departments will determine which positions are mandated reporters and obtain the signed forms as a prerequisite to employment. The HR administrator should enter the date the employee signed the STATEMENT ACKNOWLEDGING REQUIREMENT TO REPORT CHILD ABUSE and the STATEMENT ACKNOWLEDGING REQUIREMENT TO REPORT SUSPECTED ABUSE OF DEPENDENT ADULTS AND ELDERS  (PDF), then place the forms in the employee’s personnel file.

Do departments have to ask student employees how old they are?

No. The UC Policy on Reporting Child Abuse and Neglect defines "children" as anyone under 18. A mandated reporter has the obligation to report abuse or suspected abuse of a minor. There is no added requirement that a mandated reporter has to be certain the person involved is a minor. The requirement if that the mandated reporter report the suspected abuse.

What should I do if I suspect abuse at a University facility but I am not a mandated reporter?

By UC policy, all University employees, contractors, volunteers or students who observe, have actual knowledge of, or reasonably suspect child abuse or neglect at a University facility or at official University activities are encouraged to promptly report their concern. The concern may be reported to their supervisor, to a University official, to the campus police department, or through the University’s compliance hotline.

What is considered having contact with children on a "regular basis"?

UC policy currently does not give a definition of what constitutes a "regular basis." Departments should identify job classifications or individual academic or staff employees who are or may be mandated reporters by virtue of their required job qualifications or their University duties or activities.

Do departments need to determine which of their staff members work with minors and designated those employees or administrators as mandated reporters?

Yes. Effective January 1, 2013, employees and administrators of the University are considered mandated reporters if their duties bring them into contact with children on a regular basis, if they have direct contact and supervision of children, or if they supervise other mandated reporters. They are required to report child abuse or neglect occurring on the University's premises or at official University activities or programs.

Are employees who are minors considered Mandated Reporters under CANRA?

An employee is considered a mandated reporter even if he/she is a minor if an employee's duties require contact with children on a regular basis or if their duties require direct contact and supervision of children.

Are University coaches considered Mandated Reporters under CANRA?

Yes. Effective January 1, 2013, athletic coaches are considered mandated reporters. This includes, but is not limited to, an assistant coach or a graduate assistant involved in coaching.

Are all faculty members considered Mandated Reporters under CANRA?

UC Berkeley faculty members are not generally considered Mandated Reporters under CANRA, even when students under the age of 18 enroll in their classes. However, some faculty members may be Mandated Reporters under other provisions of the Act. The following are some examples of situations in which a faculty member would be considered a Mandated Reporter:

  • Physicians, nurses, and other health professionals;
  • Faculty members and other academic personnel who have responsibility for instruction at the preschool, elementary, or high school level such as those who teach high school seminars or who serve as mentors in on-campus high school internship programs;
  • Individuals whose University duties require direct contact and supervision of children are Mandated Reporters. This group may include faculty members who hire children under age 18 to assist with scholarship, research, or other academic activities as volunteers or interns.

To determine if a faculty member is considered a Mandated Reporter as of January 1, 2013, the department would need to consider the following:

  • Do the faculty member's duties require direct contact and supervision of children?
  • Do their duties require contact with children on a regular basis?
  • Do they supervise others with such duties?
  • If so, they would be considered Mandated Reporters for child abuse or neglect occurring on the University's premises or at official University activities or programs.

What about positions that work in an environment where there are a lot of children, but whose responsibilities do NOT interact with children under 18 (e.g. gardener at University Village, where residents have family members under 18)?

As of January 1, 2013, employees and administrators of the University are considered mandated reporters if their duties bring them into contact with children on a regular basis, if they have direct contact and supervision of children, or if they supervise other mandated reporters. A gardener who works in an environment that puts him or her around children would not be considered a Mandated Reporter if he/she is not in direct contact with them, does not supervise them, is not in contact with them on a regular basis, or does not supervise someone who is a mandated reporter.

Do volunteers (non-employees) have to sign the acknowledgement forms if they work for programs that are run or sponsored by the University?

Volunteers in University sponsored programs are generally not considered mandated reporters. However, departments must consider the qualifications or services provided by the volunteer to determine if he or she meets the criteria of a mandated reporter.

Volunteers who direct or manage official University programs could be considered mandated reporters. For example, a volunteer who is a University "official," such as a volunteer who runs a retreat program for kids on behalf of the University, would be considered a mandated reporter.

Does there need to be a statement in the job posting letting prospective applicants know the job falls under the status of a CANRA Mandated Reporter?

Yes, there has to be a statement in the job posting if a position is classified as a Mandated Reporter. A department's HR administrator should indicate in the TAM job posting system when a position falls within mandated reporter requirements. The following language is now stored in the Job Posting Library and, when selected, will populate and be made visible to all applicants subject to reporting requirements:

"This position has been identified as a mandated reporter required to report the observed or suspected abuse or neglect of children, dependent adults, or elders to designated law enforcement or social service agencies. We reserve the right to make employment contingent upon completion of signed statements acknowledging the responsibilities of a mandated reporter."

Steps to Indicate Mandated Reporter Status in TAM:

  1. Navigate to Job Details > Job Descriptions
  2. Click on Description Type Mandated Reporter > Description ID Mandated Reporter
  3. Click on the OK button

Time Reporting

This page is a list of all frequently asked questions for the Time Reporting and Leave Accrual Guidelines section. The questions are grouped into different categories. Please click on the appropriate topic to view questions and answers for that section.

General

Why are there different vacation accrual rates?

Generally, vacation accrual rates are based on the employee’s length of service with the University. There are also some differences depending on the employee’s personnel program. Refer to the PPSM Absence from Work Policy  (PDF) and labor contracts for specific accrual rates.

What does it mean to record time to the nearest quarter hour?

Time is reported to the nearest quarter hour only for employees in non-exempt positions. When a non-exempt employee takes time off for sick leave and vacation leave (if it is less than a full day), it is recorded to the nearest 15-minute increment.
For example, if an employee returns from a medical appointment at 17 minutes past the hour, you would record 15 minutes. If the employee returns at 24 minutes past the hour, you would record 30 minutes.

What is the difference between exempt and non-exempt positions for time-keeping purposes?

Employees in non-exempt positions accrue vacation leave and sick leave depending on percentage of appointment and time worked, and/or duration of appointment. They can earn overtime and may be paid for it or take compensatory time. Time off and time worked are recorded to the nearest quarter hour. Note: Part-time non-exempt fixed-percentage employees must always meet their percentage of time for hours worked for each week, as well as the entire month (excluding any holidays).
Employees in exempt positions also accrue vacation and sick leave; however, they do not earn overtime or compensatory time. Time off and time worked are recorded in whole-day increments for purposes of pay. A "whole day" may be less than eight hours if an employee’s appointment is less than 100% time.

Time Off (Vacation, Sick, FMLA)

What about a 100% (non-exempt or exempt) employee who works an alternate schedule of 4 (10) hours days (M – Th) and Friday is the day off?

  • How many vacation or sick leave hours does the employee take per day?
    For both the non-exempt and exempt employees, the sick or vacation hours taken reflect the hours scheduled for the day. In this case it would be 10 hours vacation, or 10 hours sick leave.
  • If a holiday falls on Monday, what then?
    The non-exempt employee gets the holiday (8 hours), but would need to add 2 hours of vacation (or could work or use comp time to make up the 2 hours). The exempt employee gets the holiday, but would not have to make up the two hours.
  • If a holiday falls on Friday, what then?
    Both the non-exempt and exempt employees may take another day off.

If an exempt employee has a 90% appointment, how many vacation or sick leave hours does the employee earn for the month?

Looking at the last two columns in the appropriate vacation leave tables, find the row that includes 90% time on pay status. The adjacent row will tell you how many hours of vacation that employee earns.
For example, looking at the PSS vacation leave table, a PSS employee who has less than 10 years of qualifying service on 90% pay status would earn 9 hours of vacation leave per month.
Likewise, looking at the last two columns of the sick leave table, the row that includes 90% time on pay status corresponds to 7 hours earned for sick leave each month.

If an exempt employee has a 90% appointment, how many vacation or sick leave hours does the employee take per day?

It would depend on the exempt employee’s schedule for the particular day of sick or vacation leave. If on one of the sick or vacation days, the exempt employee was scheduled to work 8 hours – it would be 8 hours of sick or vacation leave reported. If on one of the sick or vacation days, the exempt employee was scheduled to work 4 hours – it would be 4 hours of sick or vacation leave.

Can exempt employees save up hourly absences, and then record whole days off?

No. These employees are not hourly workers; therefore, it is contrary to University policy to track time in this way for pay purposes. It would also constitute a falsification of time sheets to deliberately record whole-day absences that had not occurred.

How do we record FMLA leave?

For employees in non-exempt positions, Family and Medical Leave Act (FMLA) leave is recorded in the same way as any leave without pay, sick leave, or vacation leave: to the nearest quarter hour. Compensatory time is not counted toward FMLA leave.

For employees in exempt positions, FMLA leave will normally be recorded in whole day increments. The exception is that if the employee takes FMLA leave as a reduced schedule or as intermittent leave, you should record the time hour-for-hour. Please see the appropriate FMLA section of the Absence from Work Policy  (PDF) for a full explanation.

Holiday Pay

What if the employee is a non-exempt part-time 70% variable appointment? How are holidays determined?

A non-exempt part-time 70% variable appointment means the employee will generally work at least 50% each month and no more than 70%. (Note: the employee could work more than 70% time if the supervisor required it). Since the employee’s appointment is variable, accrual of holiday time will vary, depending upon the hours worked, which may vary each month.
Example: if the employee worked 102 hours in January 2010, January has 168 hours and 2 holidays (See Number of Working Hours in the Month Table).
Using the Holiday Pay Table, subtract 16 hours of holiday (168 – 16) and the correct column to use is "152-Hr Month."
At 102 hours, the employee will have accrued 5 hours of holiday pay.

How do part-time exempt employees accrue holiday pay?

An exempt employee is given holiday pay according to his/her percentage of time. A 50% exempt employee would receive 4 hours for the holiday and get the full day off. (Refer to the Holiday Pay Table percentage column). If the holiday was one in which the exempt employee was scheduled to work 8 hours, the exempt employee does not have to add additional vacation hours, or make up the time that week. However, the exempt employee is still expected to complete the work required for that week; less emphasis is placed on working a specified number of hours.

A non-exempt part-time (fixed 70%) employee works 28 hours a week, with the following schedule: M (8 hours), Tu (8 hours), W (8 hours), Th (4 hours) and Friday is the day off. How are holidays determined?

Part-time non-exempt fixed-percentage employees must always meet their percentage of time for hours worked for each week, as well as the entire month (excluding the holiday).
Example:In January 2010, there were 168 working hours, including holidays. (See Number of Working Hours in the Month Table).
Using the Holiday Pay Table, subtract 16 hours of holiday (168 – 16) and the correct column to use is "152-Hr Month."
To meet a 70% appointment, the employee needs to work 70% of 152 hours, which is 102 hours.
At 102 hours, the employee would accrue 5 hours of holiday pay.
Depending upon hours in a particular month, the employee may have to add comp or vacation time to be sure he/she meets the fixed 70% appointment.

  • If a holiday falls on Friday, the employee’s day off, does the employee get the holiday?
    Yes. Because the employee is on a fixed percentage of 70%, the employee would get paid for the holiday. Note: the employee still needs to be sure he/she is on pay status 28 hours for the week.
  • If the employee works on the holiday, what happens?
    The employee would get paid for the hours worked. In addition, with supervisory approval, the employee may take another day off - perhaps in the same week. Note: the employee still needs to be sure he/she is on pay status 28 hours for the week.

What happens when a non-exempt employee is required to work on a holiday?

With the exception of certain holidays listed in each contract, an employee required to work on a holiday shall be paid at the employee's regular rate of pay for the hours actually worked. In addition, at the option of the University, an eligible employee shall receive either compensatory time off or holiday pay at the regular straight time rate, including any shift differential. To determine exactly how specific holidays are to be paid, please review Personnel Policies for Staff Members or the correct contract.

Overtime

Does a non-exempt employee get paid premium overtime for working on Saturday in the following example? A non-exempt employee who normally works 40 hours a week (M – F) takes off 5 sick leave hours in a week, then works on Saturday for 8 hours.

The employee must work more than 40 hours of actual work in a work week to receive premium overtime. This employee should receive 5 hours of overtime straight (OTS) and 3 hours of premium overtime (OTP) for the Saturday work.

Can part-time non-exempt employees work overtime and bank it?

Yes, but overtime is based on time on pay status in excess of 40 hours in a work week. If a part-time employee works more than his/her usual hours in a week, but less than 40 hours, it would not constitute overtime. It would simply be additional regular time to be paid. A part-time non-exempt employee can, however, earn more vacation, holiday and sick leave if he/she works over the hours of his/her tandard work week.

Vacation Accrual Maximums

How do I notify employees who are approaching maximum accrual?

Depending on the contract or policy covering the specific employee, the department is responsible for notifying employees a specific number of calendar or working days before they are due to reach maximum accrual. Employees should be receiving a monthly report showing their leave balances following the calculations on their time sheets.

If you have other questions regarding maximum vacation accrual, please contact your Employee Relations Consultant or the Academic Personnel Office.

Will departments be charged when they make a vacation leave adjustment that pushes an employee’s balance over the maximum?

Yes. PPS (the Payroll Personnel System) will automatically charge the department any time there is a vacation leave adjustment that increases the leave balance.

What happens when someone is at maximum accrual and doesn't accrue vacation leave for the month since no vacation leave was taken in the previous month? Where's the linkage between accrual and usage?

Each leave accrual code has an associated maximum. The payroll system will not automatically accrue leave for an employee once the maximum has been reached. Since vacation leave is accrued at the end of the month, and usage is reported in arrears on the 23rd of the month, departments must process an adjustment transaction to report accrual that was stopped by PPS. To avoid having to process such adjustments, departments should notify employees who are approaching maximum leave accrual and make sure leave is used in a timely manner. Departments should manage employees’ leave accrual so that they stay at least two months under the accrual maximum at all times.

How should departments address workload issues?

Departments are responsible for managing their workforce with regard to leave balances and workload issues, and must take all pertinent factors into consideration when making business decisions. Sometimes managers and supervisors believe that due to workload they cannot allow employees to take time off, even when the maximum vacation accrual has been reached. It is the supervisor’s responsibility to allow the employee to take time off. The University gives vacation time as a benefit, and employees should be encouraged to use this time to their own advantage. Managers who believe they can never let employees take vacation time need to review departmental priorities and work flow.

Managers are encouraged to be proactive in communicating with employees who are approaching maximum accrual the need to use their vacation time. The policies and contracts state that employees stop accruing leave once they reach the maximum. For further help on workload issues, contact your Employee Relations Consultant.

What if we find ourselves on an accrual reduction “merry-go-round?” That is, some employees like to stay near the maximum and we are always dealing with moving in and out of the four-month extension period (where that extension is allowed by policy or contract).
This type of extension should happen rarely, or only once per employee. The extension should only come into play when the operation cannot allow an employee to take time off. The extension is not automatic. Managers and supervisors have a responsibility to work with employees to schedule time off. The key is to give the employee a range of time during which vacation leave can be taken.

What if we have provided employees with a monthly record of their accruals but have allowed the accruals to accumulate over the stated maximum? Will employees lose what they have accrued?

While no one should ever be allowed to accrue beyond the maximum stated in policy or negotiated in the contracts, if it has been allowed and recorded, it may not be taken away, because it is not legal to do so. The policies and contracts state that employees stop accruing leave once they reach the maximum.

The PPSM, the APM, and the union contracts are available in print and on the web and are available to all employees. Employees and the department know a vacation benefit exists and both share responsibility for knowing the associated rules.

What is the maximum accrual?

The maximum or accrual cap is the amount designated for the employee’s category, pay status, and years of qualifying service by Personnel Policies for Staff Members, the Academic Personnel Manual, or the union contract. In most cases the maximum allowable accrual is two times the employee’s accrual for one year.

The maximum accruals (caps) have been set by policy for employees covered under PPSM or the APM and negotiated into union contracts for represented employees. It is a violation of the policy or contract to permit employees to accrue beyond the designated maximums.

What if an employee reached the maximum on May 1 and must still be below the maximum by June 30?

In almost all cases, departments are to inform employees 60 days in advance of when their accruals will reach the maximum. This gives the employee the opportunity to use enough vacation to remain below the maximum after new monthly accruals are added. The "extension period" of four months, according to individual contracts and Personnel Policies for Staff Members (PPSM), is to be utilized on a one-time-only basis only in the case of a department being unable to let the employee take the vacation that is necessary to bring the accrual below the maximum. The extension period is not to be repeatedly used, nor is it to be used when an employee does not wish to schedule and take vacation as required to bring the balance below the maximum.

Example: Employee covered by PPSM:
A PPS employee will reach maximum on May 1. In the 60 working days prior to May 1, his/her department should work with him/her to reduce his/her vacation balance so that the maximum is not reached.

If there is absolutely no way his/her department can allow him/her to take vacation leave during the 60 working days prior to May 1, then an employee covered by the PPSM potentially has four additional months in which to reduce the balance. The only reason an employee may be allowed an extension period is if the department cannot allow him/her time off due to operational demands. If an “extension period” is considered necessary due to operational reasons, the employee will continue to accrue time.

At the end of the four-month extension, however, time accrual stops. The employee will not accrue additional vacation leave until he/she brings his/her balance below the stated maximum. This means the employee must not only take enough time to get below the maximum, but also use any time accrued during the "extension period." It is important to consult each union contract and PPSM for specifics.
 

Compensation & Benefits

Compensation

This page is a list of all frequently asked questions for the Compensation section. The questions are grouped into different categories. Please click on the appropriate topic to view questions and answers for that section.

Classification

When is a reclassification effective, if approved?

The first of the month following receipt of all necessary documentation to the Compensation department in central Human Resources

What is the difference between a "promotion" and an "upward reclassification?"

A promotion involves movement from one position to a different position with a higher salary range midpoint through a competitive recruitment process. An upward reclassification involves a change in the functions of a position, which results in the assignment of an employee’s current position to a new payroll title with a higher salary range midpoint. A reclassified employee retains the majority (50% or more) of the prior functions and assumes additional functions as well.

What is the difference between a Manager 3 and Manager 4?

Positions at the Manager 4 (M4) level serve as the senior manager overseeing a large organization with multiple departments. They identify objectives and direct critical programs with major constituencies across campus. Very few positions on campus meet the M4 criteria. In contrast, a M3 position leads a critical function on campus, typically managing multiple subordinate organizations with different levels of Managers 1 and 2, Supervisors, professionals and other staff.

What is the difference between a Manager 2 and Manager 3?

Positions at the Manager (M3) level lead a critical function on campus, typically managing multiple subordinate organizations with different levels of Managers 1 and 2, supervisors, professionals and other staff. In contrast, a M2 position has responsibility for managing a department though subordinate managers, supervisors and professionals, serves as a consultant to senior management, has significant responsibility to achieve broadly stated goals for the department, identifies objectives, directs programs, and develops overall departmental strategies and policies.

What's the difference between a supervisor and a manager?

Specific differences are described by the generic scope of each supervisory and managerial level. Another way to look at it is that a manager is responsible for making significant decisions on what the unit does: its purpose, functions and role, and for making commitments and decisions that require the expenditure of significant unit resources. Managers have a significant, external focus (to the world outside the unit), whereas a supervisor has a more internal focused responsibility for implementing the manager’s decisions through the work of subordinate employees. Once a decision is made on what to do, supervisors have a significant role in deciding how to do it; how to achieve the objective established by the manager. Supervisors often perform the same kind of work that the subordinates do; managers do not do the daily work of the unit as a regular part of their work, they may do it more on an exception basis or in resolving the most difficult problems facing the unit.

What is the difference between a Manager 1 and Manager 2?

Positions at the Manager 2 (M2) level have responsibility for managing a department though subordinate managers. In contrast, a Manager (M1) level position is the primary manager of a unit or department and does not manage subordinate managers. This is a difficult concept to apply consistently given the lack of hierarchy in many departments on campus, and great care is taken to ensure employees were not unfairly disadvantaged based on department. The M2 level definition includes those who oversee one or more managers or multiple supervisors and professionals. The review process also consistently applies other components of generic scope –positions  at the M2 level need to document in the job description how the incumbent would serve as a consultant to senior management, have significant responsibility to achieve broadly stated goals for the department, identify objectives, direct programs, and develop overall departmental strategies and policies

What's the difference between a Supervisor 1 and Supervisor 2?

The key differences between Supervisor 1 (S1) and Supervisor 2 (S2) are defined by the generic scope. An S1 provides immediate supervision to a unit or group of operational or technical employees, whereas an S2 provides supervision and guidance to a group of professionals or skilled operational and technical employees.

What is the difference between a Manager/Supervisor and a Professional?

The Supervisory and Managerial category describes positions that exercise independent judgment in determining the distribution of work of at least 2 FTEs, and make decisions or recommendations about 3 or more of the following: hiring decisions, performance ratings, merit increases, promotional opportunities, reclassification requests, written warnings, suspensions, disciplinary actions, and/or resolution of grievances or complaints. Each individual job description is reviewed against this definition, and if the customized job content provided by the manager for custom scope, key responsibilities, problem solving and supervision (including organizational chart) does not support the definition of a supervisor or manager job standard, the position will subsequently be approved for a professional job title. Professionals may achieve and be responsible for many of the same functional responsibilities as a manager or supervisor, but achieve results through their own, personally-performed duties, rather than through the efforts of direct reports. 

Specific differences between manager and supervisor are described by the generic scope of each supervisory and managerial level.

Another way to look at it is that a manager is responsible for making significant decisions on what the unit does: its purpose, functions and role, and for making commitments and decisions that require the expenditure of significant unit resources. Managers have a significant, external focus (to the world outside the unit), whereas a supervisor has a more internal focused responsibility for implementing the manager’s decisions through the work of subordinate employees. Once a decision is made on what to do, supervisors have a significant role in deciding how to do it; how to achieve the objective established by the manager. Supervisors often perform the same kind of work that the subordinates do; managers do not do the daily work of the unit as a regular part of their work, they may do it more on an exception basis or in resolving the most difficult problems facing the unit.

What are the differences between the Professional 4 and the Professional 5 levels?

The generic scope for a professional 5 describes a position that is a recognized campus expert with significant impact and influence on campus policy and program development. Professional positions at this level regularly lead projects of critical importance to the overall campus. Very few positions on campus are at the Professional 5 level.

In contrast, professional 4 positions regularly serve as a technical leader to their department/campus community, perform duties requiring specialized expertise, and frequently analyze or resolve issues that are unique and without precedent.

If the job description submitted provides very limited customized content that supports the level 5 scope, the Compensation Unit can’t assume the employee is performing a professional level 5 position.

What are the differences between the Professional 3 and the Professional 4 levels?

The generic scope for a professional 4 describes a position that regularly serves as a technical leader to their department/campus community, performs duties requiring specialized expertise, and frequently analyzes or resolves issues that are unique and without precedent.

The generic scope for an experienced professional 3 describes a position requiring full understanding of the professional field, the ability to apply theory and put it into practice resolving problems of diverse scope and complexity, and broad job knowledge. If the job description submitted provides very limited customized content (i.e., problem solving examples don’t align with professional level 4 key responsibilities or scope) the Compensation Unit can’t assume the position is performing at a professional level 4.

Length of service, while providing employees and the campus with a wealth of institutional knowledge, does not by itself determine the level of responsibility required for the position. Length of service, as well as experience on committees or special projects outside of the scope of the primary job responsibilities, are helpful for preparing the individual for future career opportunities but also do not define the scope or level of the current position. 

What are the differences between the Professional 2 and the Professional 3 levels?

The generic scope for an experienced professional 3 describes a position requiring full understanding of the professional field, the ability to apply theory and put it into practice, resolving problems of diverse scope and complexity, and broad job knowledge.

A P2 position typically applies acquired professional knowledge and skills to complete tasks of moderate scope and complexity, and exercises judgment within defined guidelines or practices to determine appropriate action. 

If the job description submitted at a P3 level provides very limited customized content in custom scope, key responsibilities or problem solving that support the level 3 scope, the Compensation Unit can’t assume the employee is performing at a professional level 3 and would change the title to a P2.

How does the performance evaluation form include information from the job description?

Sometime in the future, key responsibilities from the job description will be copied into the performance evaluation form. Until that additional functionality is available, supervisors/managers will need to copy the content from the description into the performance evaluation form manually. In this manner, there is a direct link between the job description and the performance expectations of the employee performing that job

How much detail is required on the job description? Will the generic job standard suffice with very little customization?

A job description for review should provide a sentence or two for each applicable key responsibility to explain or customize that responsibility for an individual position. Also, bullet points that expand using examples on specific responsibilities for the incumbent are helpful. We also ask for 2 -3 examples for each of the problem solving sections. The problem solving examples should support the decisions expected of the category and level (i.e., Professional 4: decision making examples aligned with a technical leader demonstrating specialized expertise and resolution of unique issues; Manager 3: managerial decisions demonstrating oversight of subordinate organizations through different levels of managers, supervisors, and professionals.) See Categories and Levels for definitions of the job levels.

It is especially important to provide an accurate and true representation of an individual’s job duties because what is described in the job description will be the basis for review on the performance appraisal form. In other words, since an employee’s performance expectations will be based on their job description, the description needs to accurately define the job.

Merit Roster Processing

Eligibility

Who is eligible to participate in the July 1, 2014 Step Increase Implementation?

Range Adjustment:

On July 1, 2014, all employees in CX, PA and SX will be receiving a 3% range adjustment.

Step Increase for eligible, career employees in CX and SX

ELIGIBILITY – CX

Who is eligible to participate in the CX July 1, 2014 Seniority Based Step Increase?

Individuals appointed to career appointments covered by the above mentioned bargaining   contract, CX :

 

1.       who is on a non-probationary, career status in a position covered by CX on July 1, 2014, and

2.       who has a status of (a) active or (b) leave of absence, and

3.       who has a documented performance evaluation of “Satisfactory”, and

4.       who has more than 10 years of University Service without break in service, and

5.       whose current step is below the maximum step rate for the title

 

What determines the step increase?

 

Employee with 10-19.99 years of University service moves 1 step within range

Employee with 20+ years of University service moves 2 steps within range

 

 

 

ELIGIBILITY – SX

 

Who is eligible to participate in the SX July 1, 2014 Step Increase Implementation?

Individuals appointed to career appointments covered by the above mentioned bargaining   contract, SX :          

 

1.       who is on a non-probationary, career status in a position covered by SX on July 1, 2014, and

2.       who has a status of (a) active or (b) leave of absence

Who is considered a "Career" employee?

Employees with an appointment type 2 (Career) and appointment type 7 (Partial-Year Career) are considered a "career" employee.

Is a career employee who goes below .50 FTE still eligible?

Yes, if the total number of hours worked in the prior 12 months is 1,000 hours or more.

Are employees on leave status eligible?

Yes, assuming they meet all other eligibility criteria. However, the step increase for employees on leave cannot be processed by the automatic roster upload to HCM, but by the department when the employee returns from leave.

When does FMLA end following the death of an employee's seriously ill family member?

The FMLA time off ends immediately upon the death of the employee's seriously ill family member. However, the employee may be entitled to take time off for bereavement leave under policy or contract.

Can it be assumed that an employee who is eligible for Employee-Paid (EPD) and/or University-Paid Disability (UPD) is automatically eligible for family and medical leave?

Although in most cases a health condition that qualifies an employee for disability payments under UPD/EPD will also qualify as a serious health condition under FMLA/CFRA, it cannot be assumed that eligibility for disability payments under UPD/EPD automatically entitles an employee to family and medical leave. To qualify for family and medical leave due to the employee's serious health condition, the following three tests must be met:

  • The employee must satisfy the employment eligibility requirements under FMLA/CFRA;
  • The employee's health condition must satisfy the definition of a serious health condition under FMLA/CFRA; and
  • The employee must not have already exhausted his or her entitlement to family and medical leave.

Can a supervisor require an employee to provide proof of a family relationship?

Yes, a supervisor may require an employee to provide reasonable documentation such as a birth certificate or court document of a family relationship or a statement from the employee concerning the relationship.

How can a supervisor determine if a request for vacation qualifies as family and medical leave without invading an employee's privacy?

It will not always be possible to know if a request for vacation should really be considered as family and medical leave and covered under the FMLA and CFRA. However, since vacation is granted based on the department’s operational needs, a department may postpone an employee's request for vacation due to staffing requirements if the employee has not specifically requested vacation for a family and medical leave qualifying reason.

The employee will need to provide sufficient information to establish a qualifying reason under FMLA/CFRA so that the supervisor is aware of the employee's potential entitlement (i.e., that the leave may not be denied). The employee's request can then be reviewed as a potential family and medical leave and eligibility under FMLA/CFRA assessed.

Are teaching and research assistants eligible for family and medical leave? What about per diem and contract employees?

GSIs, GSRs, per diems, and contract employees are entitled to family and medical leave if they meet the eligibility requirements; however, leave need not be granted beyond a predetermined separation date. Under FMLA, University-paid health care coverage is required only if the employee has an entitlement to health care coverage at the time the leave is requested. For the purpose of administering family and medical leave for GSIs and GSRs, the graduate student health insurance premiums paid by the University are considered "employer-provided" health care benefits.

How is eligibility determined for academic appointees?

Academic appointees must meet the same "12 months of service" criteria as any other employee to be eligible for family and medical leave. In addition, full-time faculty are deemed to have worked the requisite 1,250 hours unless the University can clearly demonstrate that the faculty member has not worked the requisite hours.

Are faculty who hold joint appointments with affiliated entities (e.g., the VA Hospital) or without salary appointments eligible for family and medical leave?

Faculty holding joint appointments or without salary appointments will be eligible for family and medical leave only if:

  • The "12 months of University service" requirement is met;
  • It cannot be clearly demonstrated that the faculty member did not work at least 1,250 hours for the University during the previous 12-month period; and The University is the "primary employer."

How much time is available to eligible employees for leave taken under the FMLA and CFRA?

Employees may be eligible for up to 12 workweeks in a calendar year. If and employee has a 100% appointment, this translates to 60 work days or 480 hours. A part-time employee if eligible, also receives 12 workweeks pro-rated according to their established schedule.

How is eligibility determined for FLSA exempt staff? How does the University determine whether the "1,250 hours worked" requirement has been met?

You should assume that an exempt appointee with at least 12 months of University service is eligible for family and medical leave unless your written records indicate that the employee has worked less than the required 1,250 hours.

Does the "1,250 hours worked" requirement mean 1,250 hours of actual work or 1,250 hours on pay status?

The "1,250 hours worked" requirement means 1,250 hours of actual work, including overtime; it does not include periods of paid leave (including all observed holidays, vacation, and sick leave) and unpaid leave. Service need not be continuous.

Is the "1,250 hours worked" requirement pro-rated for part-time or partial year non-exempt staff?

No it is not. Although it is harder for part-time and partial year employees to satisfy this requirement, most part-time employees appointed at 75 percent or more time will meet the "1,250 hours worked" requirement, provided that paid and unpaid absences during the previous 12-month period have not been excessive.

Who is considered a "family member"?

A family member is a parent, spouse, or child of the employee. "Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of an employee who stands in place of a parent (that is, who is charged with a parent's rights, duties, and responsibilities) to that child who is either under 18 years of age or is an adult dependent child. An adult dependent child is an individual who is incapable of self-care because of a mental or physical disability within the meaning of Government Code section 12926.

Who would not be considered a family member for purposes of leave?

Grandparents, grandchildren, in-laws, domestic partners as well as other persons, who may not be related but are residing in the employee’s household, are not covered by FMLA and/or CFRA. There may be provisions in other policies and contract articles that allow use of leave to care for these individuals, so refer to PPSM, APM or the appropriate union contract.

What if my spouse also works for U.C. Berkeley?

In the event that both you and your spouse are eligible for leave under FMLA/CFRA, you may receive 12 weeks each if leave is taken for your own serious health condition or that of a child, spouse or parent.

If both you and your spouse are employed by the University, and you both qualify for leave under the FMLA, you may receive a combined total of 12 weeks of leave for the birth, adoption or placement of a child. Leave can be taken consecutively or simultaneously. Intermittent leave granted for the care of a newborn or placement of a new child can only be granted where business needs permit.

Who is considered a Health Care Provider/Practitioner?

Under federal regulations, a "health care provider" is defined as: a doctor of medicine or osteopathy, podiatrist, dentist, chiropractor, clinical psychologist, optometrist, nurse practitioner, nurse-midwife, or a clinical social worker who is authorized to practice by the State and performing within the scope of their practice as defined by State law, or a Christian Science practitioner. A health care provider also is any provider from whom the University or the employee's group health plan will accept medical certification to substantiate a claim for benefits.

What is a "serious health condition"?

A "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves one of the following:

  • Hospital Care

Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

  • Absence Plus Treatment

A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

  1. Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
  2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
  • Pregnancy

Any period of incapacity due to pregnancy, or for prenatal care. [NOTE: an employee's own incapacity due to pregnancy is covered as a serious health condition under FMLA but not under CFRA.]

  • Chronic Conditions Requiring Treatment

A chronic condition which:

  1. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
  2. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
  3. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
  • Permanent/Long-term Conditions Requiring Supervision

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 must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

  • Multiple treatments (Non-Chronic Conditions)

Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Performance Ratings/Appraisals

An employee recently transferred to my department. How do I conduct a performance evaluation?

The current department will need to contact the old department for an assessment of the employee's performance for the time period the employee was in the old department in order to determine eligibility.

How do we treat an employee who does not have a performance evaluation?

Employees who do not have a written, documented performance evaluation during the recent twelve month, evaluation period will be deemed to be "Satisfactory".

An employee works 50% time in my department and 50% time in another control unit. How will this employee's increase be handled?

The employee will appear on two rosters – your department roster and the roster in the other control unit. Each 50% appointment will be handled separately.

Other

Do we need to submit signed hard copies of the merit rosters to HR?

No, when the rosters are submitted electronically, the campus e-policy holds that whoever submits the roster has obtained the internal approvals necessary to generate the salary increases. However, departments are encouraged to maintain signed hard copies of their rosters.

Recognition & Achievement Awards

Is there a recommended pay cycle to process the one-time payment for the Achievement or Spot Award?

In order for the Achievement or Spot Award to have optimal visibility for the employee, it is recommended that the Achievement or Spot Award be paid to employees via a check or pay advice that is separate from their normal paycheck even though the tax rate is higher. Providing employees with a separate check or pay advice along with a Thank You Letter and an Award Certificate will reinforce the campus’ appreciation for the special achievement.

How are Spot and Achievement Award fund allocations determined for the eligible populations?

Award funds are allocated based on the number of eligible staff employees in the following appointment types: Career, Partial-Year Career, Contract, Limited, and Per Diem. The population is based on figures as of the end the fiscal year.

Are student employees (Casual Restricted staff) eligible for this recognition program and, if so, what student populations are eligible to receive an Achievement or Spot Award?

Students are NOT eligible to receive Achievement Awards, which are limited to Career, Partial Year Career, and Contract employees. Student employees ARE eligible to receive Spot Awards. Both Work Study and non-Work Study student employees in non-academic positions are eligible to receive Spot Awards.

How are the Berkeley Campus Achievement and Spot Awards funded?

The program is funded by a payroll assessment of eligible populations. Funds are distributed to the Vice Chancellors or Dean on the basis of the eligible population. The funds are a portion of campus payroll and not a deduction from individual salaries.

Can staff that will soon be departing UC Berkeley be nominated (i.e. retirees)?

Any employee who is eligible (based on the published criteria) may be nominated for an Achievement or Spot Award. However, the employee must be on active pay status or on an approved unpaid leave at the time the award payment is processed.

Can Achievement or Spot Awards be provided to teams?

Employees who are part of a team may be considered for the Berkeley Campus Achievement and Spot Award program. Teams that are recognized via Spot Awards will receive $500 per team member. Teams recognized via Achievement Awards will receive $1,000 per team member (not the $2,000 minimum individual Achievement Award amount due to the higher total costs for team Achievement Awards).

What happens if a Control Unit does not spend all of its Achievement and Spot Award funds in a given fiscal year?

Control Units will receive an allocation for Achievement and Spot Awards at the beginning of each fiscal year. In the new fiscal year, Deans and VCs will receive a supplemental annual allocation to “top off” last year’s remaining funds (if any) in order to provide a total allocation appropriate for their employee headcount as of the end of the previous fiscal year.

How will the Berkeley Campus Achievement and Spot Award program be monitored?

The campus will seek feedback from supervisors, staff, and administrators to ensure the program is achieving outcomes that benefit the campus, departmental operations and individual employees. Control Unit Administrators will also review usage of Achievement and Spot Awards to ensure colleges, divisions, and departments are encouraged to utilize the program funds. Central HR will evaluate and monitor usage of funds on a regular basis.

Can a department develop an alternative form of nomination?

Although a nomination form may work for many areas of campus, for some areas, it may not be the most effective means to determine who may deserve an Achievement or Spot Award. If a campus department feels another method of nomination may be more appropriate, an alternative approach may be used, provided it is reviewed with the Control Unit Administrator and the Compensation Unit to ensure the method meets the guidelines of the Achievement and Spot Award program.

PPSM Pay Matters

How are temporary assignments addressed under the PPSM program?

With one exception, under the PPSM program, stipends are granted to employees, including those in step ranges, in place of temporary reclassifications or promotions. Thus, employees in this program retain their classification and are granted a stipend as a percentage of their salary. The PPSM procedures identify the factors managers should consider in recommending an administrative stipend.

In certain cases, a temporary reclassification or promotion to a higher level position may be appropriate to assure compliance with the Fair Labor Standards Act (FLSA). If the employee's permanent position is non-exempt under FLSA, e.g., Financial Analyst 2, and the higher level position is exempt under FLSA, e.g., Financial Analyst 3, a temporary reclassification/ promotion with a change in title may be appropriate. Otherwise, any time worked over 40 hours in a workweek in the higher level position would have to be compensated at the premium rate of time and a half and conflict with the exemption of the higher level position.

Note that consideration for a stipend may also be given on an exceptional basis for performance of "other significant duties not part of the employee's regular position."

Will Limited Appointment increases be a percentage or a half-step?

As with other increases - merit, promotion, reclassification - the salary structure for the position will determine whether increases are granted by percentage or step: positions with step ranges will remain eligible for a half-step increase; limited appointment employees who meet the requirements will be eligible for a percentage increase of up to 2%.

Do employees who accept lateral transfers retain merit eligibility if they transfer within three months of a merit review date?

Yes, employees who accept lateral transfers retain eligibility for their merit increases.

Who has the authority to approve new-hire starting salaries?

Under the Personnel Policies for Staff Members (PPSM), the hiring department is delegated salary setting authority, up to and including Step 3, for those in step ranges, and between the minimum and up to and including the midpoint of the range for those in salary grade ranges. The Vice Chancellor approves salaries above the midpoint and Step 3. (Information about delegations for setting salaries upon reclassification, promotion, or lateral transfer is posted elsewhere on this site.)

Salary Setting

How do I set the salary for the Student Assistant series?

Each of the four Student Assistant series levels has a defined pay range. Departments should consider the title and salary level provided to limited or career staff performing similar work, the knowledge, skills and abilities the student employee brings to the position, and the departmental budget.

Do these new delegations of authority apply to represented bargaining unit employees?

Actions taken for employees represented by bargaining units must still be in accordance with the contract language covering the situation.

Say, for example, that an employee is moving from a salary grade 18 position to a grade 17 position. Is it acceptable to provid

No, moving from a salary grade 18 to a grade 17 position is considered a downward reclassification or a demotion, not a lateral transfer, since the midpoint of the grade 17 salary range is lower than the midpoint of the grade 18 salary range.

Who has the authority to approve a reclassification or promotional or lateral transfer salary increase and what is the maximum increase they can offer?

The department head (or designee) may approve reclassification/promotional and lateral transfer salary increase requests up to and including the midpoint of the range for a position without steps and up to step 3 for a position with steps.  To ensure that salary decisions receive all due consideration, each Vice Chancellor will continue to have the authority to approve salaries above the midpoint of the range for Professional and Support Staff (PSS) positions and Management and Senior Professional (MSP) positions.  However, each Vice Chancellor has the authority to further delegate that authority within his or her control unit.

Under University policy, an employee's total base salary increase in a single fiscal year may not exceed 25% of the employee's June 30 salary, unless an exception is granted by the Chancellor.

The Compensation Unit is available to provide guidance to managers and supervisors who are making decisions about salaries, for external market salary comparisons and internal equity considerations based upon availability of information.  If you have questions about your own salary range, please talk to your manager or supervisor.  (For more information, see Salary ranges.)

If I accept a lateral transfer, will I automatically receive a salary increase?

No, lateral transfer salary increases are not automatic.  A lateral transfer salary increase may be given upon movement to a position that was openly recruited.   A manager should consider the skills the employee brings to the new position, relevant external market comparisons, internal equity, and departmental budget considerations.  The department offering the lateral transfer may make one salary offer. The transferring employee's current department can counter-offer if it chooses, but one time only, to avoid bidding wars.  As in the case of other salary offers, managers will want to consider the criteria discussed above.  A manager may have the funds to offer a salary up to the range midpoint, or even to request approval of an over midpoint salary from the relevant Vice Chancellor.  But in doing so, the manager will also want to avoid creation of inequities with others in the unit.

The Compensation Unit is available to provide guidance to managers and supervisors who are making decisions about salaries, for external market salary comparisons and internal equity considerations based upon availability of information.  If you have questions about your own salary range, please talk to your manager or supervisor.  (For more information, see Salary Ranges.)

How much of a salary increase will I receive upon approval of my reclassification or promotion?

An employee's new salary after a reclassification or promotion depends on a number of factors, including external market comparisons, internal equity, departmental budget considerations, the employee's performance, and the knowledge and skills the employee brings to the position.

What is a lateral transfer?

A lateral transfer is movement to another position with the same salary range midpoint. A lateral transfer may occur within a department, or between departments on the Berkeley campus, or between campuses.

FLSA
Transition Assistance

What is the Transition Assistance Program?

The UC Berkeley Transition Assistance Vacation Cash-Out Program is a temporary program to help eligible exempt employees transitioning to a biweekly pay schedule.  A vacation payout of up to 80 hours of accrued vacation is available to eligible non-exempt employees.

Why should I consider applying for the Transition Assistance Program?

The Transition Assistance Program was designed to help during the transition period from a monthly pay period to a biweekly pay period. We encourage you to look at the biweekly paydate calendar at Payroll Calendar Deadlines webpage, evaluate your financial need during that transition pay period and consider whether the Transition Assistance Program is right for you.

Who is eligible?

You are eligible if you are an exempt employee that has been identified and notified by Central Human Resources and will be reclassified to a non-exempt position on November 20th, 2016.

How long will the application period be?

Employees will be able to apply from 8am November 4, 2016 to 5pm November 15, 2016.

How will tax withholding be handled for the vacation payout?

The payout of vacation will be subject to the W-4 withholdings that you have set up at the time that you receive payment.

How do I apply?

You must complete, sign and submit the Transition Assistance Program application during the application period (November 4 - November 15). The application form can be downloaded here.

Signed applications can be turned in by:
Email: btap@berkeley.edu
Fax: (510) 642-2888
Drop-off at location: Central HR, University Hall, 2199 Addison St, Suite 192, Berkeley CA

How will I know if my application was received? How will I know if I was approved?

If you provide your email address, you will receive an email within 48 hours of receipt that your application was approved, denied or requires clarification. Further instructions will be provided if your form was not completed accurately and you will have an opportunity to correct it.

When will my loan vacation be paid out?

Your requested vacation will be paid on December 1, 2016.

How will I receive the payment?

You will receive the payment as part of your regular wages paycheck by either direct deposit or paper check -- whichever way you are receiving your paycheck now.  

What if I do not have enough vacation accrued?

Human Resources will only approve the payout for the vacation that you have currently accrued and recorded in the Campus Payroll system.  

When will I get my first regular paycheck once I go biweekly?

Your first biweekly pay date will be December 14, 2016.

Where should I go if I need help with the Transition Assistance Program?

Please send an email to btap@berkeley.edu or contact Campus Shared Services at 510-664-9000, option 3.

How do I check how many hours of vacation I have?

  1. Go to caltime.berkeley.edu
  2. select “Access” then “Access online”
  3. select “My Reports”
  4. select “My Accrual Balances and Projections”, insert date
  5. select “View Report”

Do I need to save vacation hours for curtailment?

No. For curtailment you will be able to use vacation leave before it is accrued. 

What if I plan to take vacation leave between November 1 through November 19?

Before you decide on the amount of vacation to cash out, please consider any future vacation time you may be expecting to take especially during November 1 through November 19th. You may want to deduct your planned vacation hours from your current balance and then evaluate the vacation amount you would like to cash out.

Is the vacation cash-out program only available for those affected by the new DOL New OT Rule?

Only employees converting to non-exempt status and a bi-weekly pay schedule are eligible to request the vacation cash-out to assist with the transition.

FLSA General

What does it mean to be exempt or non-exempt under the Fair Labor Standards Act (FLSA)?

The federal Fair Labor Standards Act (FLSA) regulates whether an employee is overtime-eligible (“non-exempt”) or overtime-exempt (“exempt”). Most employees covered by the FLSA must be paid at least the minimum wage and premium pay for any hours they work beyond 40 in a workweek.  The minimum wage for California is currently $10 per hour. Some localities have adopted higher minimum wages. The FLSA does, however, exempt certain kinds of covered employees from the minimum wage and overtime requirements, including bona fide executive, administrative, and professional employees. To qualify for one of the executive, administrative or professional exemptions, an employee must be paid a predetermined salary that is above a certain amount and meet the applicable duties test.

What does the Nov 22 ruling that blocks implementation of this FLSA rule mean for UC?

On November 22, 2016, a federal district judge issued a nationwide preliminary injunction blocking implementation of the U.S. Department of Labor’s (DOL) rule that nearly doubles the minimum salary level required for the executive, administrative and professional overtime exemptions under the Fair Labor Standards Act. This means that employers are no longer required to meet the December 1, 2016 implementation deadline. What does this mean for UC?

At this point, UC campuses will continue to proceed with implementation plans already in place. In the coming months, the UC Office of the President will be following further developments on the status of the DOL’s overtime rule, potentially revisiting some of the classification decisions made in the last few months, and engaging in consultation and communication with campus locations.

Why is UC moving forward with the implementation even though there is a temporary injunction?

Prior to the announcement of the temporary injunction, communications to affected employees at Berkeley and throughout UC had already occurred. Corresponding changes to overtime statuses and payroll schedule changes had also been made. UC’s decision to implement planned changes is one that is, at this time, least disruptive to affected employees.

What are the next steps?

An established UC-wide committee of HR, Legal and other subject matter experts will closely follow further developments on the status of the DOL’s overtime rule and make recommendations on UC's next steps to President Napolitano.

Are any positions exempt from the salary basis test?

Professors, lecturers, tutors and others teachers, doctors, medical residents, veterinarians and attorneys are not subject to either the salary basis or salary level tests. This means that these professionals are considered exempt regardless of the amount they earn for performing services.

Why is UC changing my FLSA status from exempt to non-exempt and overtime eligible?

Currently, most employees who are classified as overtime-exempt must earn at least $455 per week, according to the FLSA. Beginning December 1, 2016, to qualify for the executive, administrative or professional exemption, the FLSA requires that an employee earn no less than $913 per week, or $47,476 per year. To comply with this new overtime rule, the University of California has reviewed your position and salary and reclassified you as overtime-eligible.

As a non-exempt employee, when am I entitled to overtime?

Non-exempt, overtime-eligible employees must be paid no less than the minimum wage and a premium rate for any hours worked beyond 40 in a workweek. Hospitals are permitted to base FLSA overtime eligibility on either 40 hours in a workweek or 80 hours in a 14-consecutive day work period (the 8/80 option). If the University requires or permits an employee to work overtime, then it is generally required to pay the employee premium pay for such overtime work.

Now that I am a non-exempt, overtime-eligible employee, why am I required to record the number of hours I work each day?

The FLSA requires the University to keep certain records for each non-exempt, overtime-eligible employee, including records of the number of hours worked each day and the amount of wages earned. Talk to your manager or supervisor about local time reporting requirements.

I am currently paid monthly. Will I convert to the biweekly pay schedule?

If you are re-classified as a non-exempt employee and eligible for overtime, your pay period will change from monthly to biweekly.

When will the change from a monthly pay schedule to a biweekly pay schedule take effect?

The new non-exempt, overtime-eligible employees will transition to the biweekly pay schedule on November 20, 2016.

Here are the specific pay dates during that period:

  • December 1: Final monthly paycheck for work performed between November 1 through November 19, full benefits deduction for December 2016.
  • December 14: Full paycheck for biweekly period of November 20 through December 3, first ½ of January 2017 benefits deductions.
  • December 28: Full paycheck for full biweekly period of December 4 through December 17, second ½ of January 2017 benefits deductions.

Are rehired retirees being changed to non-exempt and overtime-eligible?

Rehired retirees are also changing to non-exempt and overtime-eligible even if they earn over the threshold rate of $47,476 on a part-time basis. This population generally works varying hours and the time worked is more easily managed on a bi-weekly pay schedule.

Where can I find the biweekly pay schedule?

Your local payroll office can provide you with the 2016 and 2017 biweekly payroll schedule calendars.

How many biweekly pay periods are there in a calendar year?

You will receive a minimum of 26 and a maximum of 27 paychecks in a year. Because biweekly periods do not always line up exactly to the calendar year, there is often a biweekly pay period that crosses over from December to January. As a result, the gross pay reported on an annual W-2 tax form may not exactly match your annualized pay rate, and occasionally there will be 27 periods in one year.

How will my vacation and sick leave accruals be calculated during the transition?

For staff and academic employees, your accruals are based on your hours on pay status.  If the time you work on pay status varies, then so will your accruals. Therefore, a full-time employee should expect to see the same accruals over the course of the year, while a part-time employee’s accruals may vary.

Accruals for biweekly employees are credited at the end of every two pay periods (every four weeks) based on hours on pay status during those two pay periods. Biweekly employees accrue 13 times in a calendar year, compared to 12 times for monthly employees. The accruals for each pay period are therefore smaller, but your annual vacation and sick accrual rate is the same.

During the transition, you will be credited at the end of the monthly November pay period based on the hours worked November 1 through November 19, and credited again in December for the hours worked November 20 through December 17 (the end of the first biweekly accrual period).

How is my hourly rate determined?

There are two methods you can use to calculate your hourly rate (based on a 40-hour workweek):

  • Method 1: Take your monthly salary rate and divide by 174 (the average number of working hours in a month). For example, if your monthly salary is $3250.00 per month:  $3250.00 ÷ 174 = $18.68 per hour.
  • Method 2: Take your annual salary and divide it by 2088 (the number of working hours in a year). For example, if your annual salary rate is $39,000.00 per year:  $39,000.00 ÷ 2088 = $18.68 per hour.

What should I do to prepare for the change?

It is important that you review your personal budget situation and determine your income needs based on the new biweekly pay schedule. In preparation for the conversion, we suggest that you take the following steps:

  • Review your current tax withholding elections and make any necessary changes. Pay particular attention to additional tax withholding amounts.
  • Review your current voluntary contributions to your 403(b) and 457(b) plans.
  • If appropriate, request that third-parties adjust your automatic withdrawal or bill-pay dates to align with your new pay schedule.

What is a Deduction Holiday? How will my deductions be calculated?

A deduction holiday occurs when there are three biweekly pay periods in a month. During a deduction holiday, no flat-dollar deductions are taken from pay; only percent-based deductions are taken. Typically, deduction holidays occur twice a year, based on pay period end date. Pay dates with deduction holidays can be found on the biweekly pay schedule calendars.

I have a garnishment deduction. How will the transition to biweekly pay affect the amount deducted for my garnishment?

If the garnishment deduction is calculated as a percentage of your earnings, a deduction will occur each pay period, up to the maximum deduction allowed based on federal and state regulations. For example, if your garnishment deduction is 25 percent of your pay, that amount will be deducted each payday.

If the garnishment deduction is a fixed amount, the amount will be recalculated to a biweekly amount. That calculation is then divided into two payments. For example, a monthly $250 garnishment payment will become $125, deducted during each biweekly paycheck.

When is my retirement deduction taken?

The UC mandatory retirement contributions, University of California Retirement Plan and the Defined Contribution Plan, are taken each biweekly payday.

I contribute to my 403(b) and 457(b) plans. When will my contributions be taken?

Percentage deduction:  If you set up your contributions as a percentage deduction, the percentage amount will be taken each paycheck (26 times a year). For example, if your current 403(b) contribution is 5 percent per month, a 5 percent contribution will be made each biweekly payday.

Flat Dollar deduction:  If you set up your contributions as a fixed flat dollar amount, the flat dollar amount will be split in half, and one-half will be withheld per biweekly payday. For example, if your current 403(b) contribution is $100.00 per month, it will be divided into a $50.00 contribution each biweekly payday. For months with three paychecks, one paycheck will have no fixed flat dollar deductions taken.

What if I pay some of my bills through automatic bill pay?

If you have automatic bill pay set-up for any regular expenses, such as mortgage payments, student loan payments or car payments, we encourage you to work directly with your financial institution(s) to change payment dates as needed. As a biweekly employee, your pay dates vary since you are paid every other Wednesday.

Will I need to make any changes to my tax withholding?

If you have an additional tax amount deducted from your paycheck, that monthly amount will be split in half, and one-half will be withheld from each biweekly check. If you would like to adjust your additional withholding amount, please go to the At Your Service website and review and/or update your W-4/DE-4 Form. For other tax questions, please consult IRS and State Franchise Tax Board websites or contact a tax professional for help. For other tax questions, please consult IRS (https://www.irs.gov/) and State Franchise Tax Board (for California:  https://www.ftb.ca.gov/) websites or contact a tax professional for help.

Who should I contact if I have questions regarding my FLSA classification or the biweekly pay cycle conversion?

If you have questions for which you need immediate assistance, please contact your supervisor or local staff human resources or academic personnel office. (CSS 1st Contact center 510-664-9000 option 3).

Where should the Compensatory Time Off Election Form be sent?

Supervisors are responsible for submitting form to ServiceNow.

How are lunch deductions changed in CalTime?

Supervisors must submit a Job Change form to ServiceNow (Section: CalTime Changes, select “Meal Break” drop-down).

Reassignment

Will I receive more compensation if I work at a higher level?

That depends on the scope of the work assigned and the duration of the assignment. Decisions are handled on a case by case base, in accordance with standard campus procedures governing the performance of work at a higher level for an appropriate period of time.

Could I or my staff be reassigned?

Yes. Employees may be re-assigned, depending upon the operational needs of the campus.

What will my duties and responsibilities be? Are there classification issues around this?

In an emergency situation, the duties and responsibilities will be determined by the unit management. It is expected that employees will work in their units and perform the tasks necessary to restore the department to operating status. Depending on the length of time and whether the person performs duties at a higher level, the person may be considered for a stipend or temporary reclassification.

If staff are exempt from overtime, can they collect additional pay/compensation?

Exempt employees (under the FLSA) are not eligible for additional pay, nor do they earn overtime.

Exempt employees are eligible for stipends if they perform work for an extended period of time outside their normal assignments (typically at a higher salary level).

Payroll

How do we fill out time sheets if someone works for multiple departments?

Depending upon the nature of the disaster, the types of systems available, and length of time of work stoppage, we would pay employees the same as the previous pay period. Other factors that will be considered include timing of the disaster and the length of time functions are expected to be down.

Who do I pay?

Make checks payable to "UC Regents," and send them to the normal location:
Business Services - Insurance Section
University of California
2195 Hearst Ave #120
Berkeley, CA 94720-1104

If the Berkeley campus is shut down, payments should be sent to the Office of the President unless the disaster is affecting them as well:
UC Human Resources & Benefits
Health & Welfare Administration
PO Box 24570
Oakland, CA 94623-1570

If I am out on a leave, how do I pay my benefits premium?

Payments, payable to "UC Regents," should be sent to the normal location unless other instructions are announced:
Business Services - Insurance Section
University of California
2195 Heast Ave #120
Berkeley, CA 94720-1104

If email is still running, emails giving pertinent information would be sent out. Website communications would be used if available as well.

What will the frequency of payment be?

Payments will be made as regularly scheduled unless the disaster requires a change.

Will staff be paid by paper check or direct deposit?

If the direct deposit system is available, staff will continue to be paid in that manner.

What will the next pay date be?

Normal dates will be adhered to unless the disaster requires changing the dates.

When will employees get paid?

Employees will be paid on the next regular pay day.

Salary Program FY17

General

Who’s eligible for a merit increase?

Staff covered by Personnel Policies for Staff Members (PPSM) policy:

  • In a Career or contract appointment included in salary ranges 15 – 30 hired before 1/4/16
  • On payroll in an eligible position and appointment on the date that the pay increase is paid, and
  • Performing at a level that meets expectations.

Who’s eligible for an equity increase?

Career employees, and on a case-by-case basis contract employees are eligible for consideration for an equity increase.  

What are the effective dates?

The retroactive effective date for merit increases is 7/1/16. You will receive retroactive payment by 11/1/16 for those on a monthly schedule and by 11/16/16 for those on a bi-weekly pay schedule.

Equity increases will be effective 11/1/16 if paid monthly and 10/23/16 if paid biweekly and will be available in the paycheck 12/1/16 if paid monthly and in their paycheck on 11/16/16 if paid biweekly.

Are there new requirements for Supervisors and Managers to receive merit increases?

New this year, merit increases for PPSM Supervisors and Managers are contingent on:

  1. Completion of written performance reviews for all subordinate non-represented staff in their unit by 8/31/16, confirmed by the VCs and Deans, or designees
  2. Completion of mandatory Sexual Harassment and Sexual Violence prevention training by all subordinate staff (non-represented and represented) in their unit, confirmed by the VCs and Deans, or designees. (Managers can check the status of their employees training and completion progress through this link)

Are there new requirements for individual contributors to receive merit increases?

New this year, merit increases for individual contributors (non-manager/supervisor staff) are contingent on completion of mandatory Sexual Harassment and Sexual Violence prevention training.

What happens if the required Sexual Harassment and Sexual Violence prevention training and/or performance reviews are not completed?

If completion of the required training and/or performance reviews does not occur, merit increases will be delayed and will not be retroactive. The merit increase will be effective the 1st of the month following completion of the requirement(s).

Why is the salary program happening later than the start of the fiscal year?

Merit increases will be effective at the beginning of the fiscal year. In the case of equity increases, we want to give managers time to work with our Central HR compensation team to identify the highest priority equity needs.

I’ve been working at Berkeley for several years and never had a formal performance evaluation. What is HR doing to hold managers accountable? What are you doing to ensure that every staff member receives a formal evaluation?

Managers should provide formal evaluations to their employees. This year managers must complete written performance reviews for all subordinate non-represented staff in their unit by 8/31/16, confirmed by the VCs and Deans, or designees.  Merit increases that are delayed will not be retroactive and will be effective the 1st of the month following completion of the required training and/or performance reviews. 

Why is Berkeley doing something different than other campuses?

Berkeley is administering a 3% non-represented salary program. UCOP issued high-level guidelines for administering non-represented salary increases, which are the same across all UC campuses. These guidelines include a requirement for merit-based pay. The guidelines give chancellors flexibility to develop a plan that is suited to the economic conditions and operational needs on each campus while taking into account performance, market and equity considerations at each individual campus. We are giving managers the flexibility to consider both merit and equity (internal and external). We are also funding $2M for performance based bonuses through the Staff Appreciation and Recognition (STAR) program. We are committed to performance based pay and are using both the salary program and the STAR program to that end. However, we also want to be mindful of the fact that we also have external and internal equity issues to address.

When and how will the decisions be communicated to staff?

Managers should inform their staff about their salary increases by the end of October.  Employees paid monthly will see the increase in their paycheck on 11/1/16 and those on a bi-weekly schedule will see the merit increase in their 11/16/16 paycheck. Equity increases, if provided, will be in their paycheck 12/1/16 if paid monthly and in their paycheck on 11/16/16 if paid biweekly.  

Does this mean that there will be some staff who won’t be receiving any increase? How is the campus addressing increases in cost of living?

Staff whose performance does not meet expectations (i.e. a rating of 1 or 2) will not receive an increase. Managers are considering both one-time bonuses and base salary increases. Performance, external, and internal equity will drive those decisions. Percentages will vary.   Berkeley provides merit increases and salary adjustments which reflect the increased value of the employee’s contributions to the organization rather than cost of living increases. 

Why are we only using part of the 3% pool for equity increases?

We want to be able to address both merit and equity. The funding is admittedly limited, but we have done the best we can within the constraints of UCOP’s guidelines. 

How is this being funded?

The funding for this program comes from campus budgets. We receive no additional funding from UCOP to support any of these increases. Units were advised as they were planning for their FY17 budgets to include 3% for an anticipated non-represented salary program. 

What does 2% and 1% really mean?

These are annual spending caps, so all managers are required to administer merit increases up to a maximum of 2% and they are receiving information about how much that is. Similarly, they are asked to consider equity increases up to an annual cap of 1%.

Isn’t 1 or 2% merely a token amount?

A 3% salary program is consistent with other UC salary programs this year. It is a small pool that needs to be administered carefully if we are to address both merit and equity. We are also funding one-time bonuses to support a performance based approach. The reasons include:

  • We know we have top performing staff who we want to reward and recognize with the right compensation. 
  • We know overall that we lag the market by around 10%. 
  • We know we may have some internal equity issues.

Collectively, the needs are beyond what we could possibly fund. We’re doing what we can this year. It isn’t something we think we can resolve in one year but we feel we’re taking a step in the right direction.

Equity Program

Must the department give equity increases to all employees on the list provided by Central Human Resources?

The names on the list are recommendations for consideration. The manager decides who will get an increase and the amount of the increase. This list is based upon analysis of relatively low salaries campus-wide. This list does not take into account such factors as:

  • Performance
  • Special skills and expertise
  • Recent salary increases received, or
  • Actual salary compression within the department for the managers and supervisors.

Based upon these factors, departments may:

  1. Modify the recommended percentage equity increase
  2. Indicate whether the employee should not receive an equity increase, and/or
  3. Add employees to the list for a special equity increase.

What are the eligibility criteria for adding employees to the list for an equity increase?

  • The employee must be appointed to a career, partial-year career, or a contract appointment to be eligible for the equity program.
  • The employee should generally have an annual salary BELOW the midpoint of the salary range (below a compa ratio of 100).
  • The employee must have a documented performance rating of “3—Meets Expectations” or higher.
  • The employee must not have received an equity increase greater than or equal to 2% since January 4, 2016.

Who is ineligible to be added to the equity program list?

See the FAQs for the merit salary program. The same criteria apply to the equity program. In addition, if the individual received an equity increase of 2% or more after 1/4/16, they are ineligible. Also, the current annual salary is below the midpoint of the salary range. The equity program is specially designed to address employees with relatively low pay on campus.

I understand that under PPSM policy, an employee’s total salary increase in a single fiscal year shall not exceed 25% of the employee’s base salary. Will this employee be eligible to receive any further salary adjustment?

Full Question: An employee in my department has already received a 24% salary increase in 2015. I understand that under PPSM policy, an employee’s total salary increase in a single fiscal year (including reclassification, promotion, and equity adjustments) shall not exceed 25% of the employee’s base salary. Will this employee be eligible to receive any further salary adjustment?

No, that employee would not be eligible for an equity increase in FY 2016-2017. Since the equity increase is effective November 1, 2016, it will be in the same fiscal year.

The equity program has been communicated as a 1% base salary increase, am I getting a 1% increase?

The amount of the increase is determined by the manager and varies depending on relative compensation differences and other performance or proficiency factors. The 1% refers to the total amount of funds available in the pool.

Can my department add names that the Compensation unit may have missed?

The manager has the flexibility to add names for Compensation to review. Yes, as long as those added employees meet the eligibility requirements listed above, including current salaries not above the midpoint in their salary range.

May we add employees to the equity list if those additions then total more than 1% of the total base salaries for non-represented employees?

Full Question: The list of employees submitted and their recommended increases total 1% of the department’s total base salaries for non-represented employees. We have other employees paid relatively low in the range. May we add employees to the equity list if those additions then total more than 1% of the total base salaries for non-represented employees?

The department may not exceed the 1% for the equity program without prior approval of the Vice Chancellor or Dean. They may decide to move equity allocations between departments in their unit so as not to exceed 1% overall. The equity program should not exceed the 1% for any organization.  

When will HR be sending the rosters?

The equity rosters will be available for Equity Administrators the week of October 4th.

Who is ultimately responsible for making these decisions? Are we going to have to wait on HR approval? Or can we inform employees as soon as we've made our decisions?

The Compensation Unit should be involved in the review of the equity increase however the manager makes the decision.

What if I don't use my 1% equity pool because my department has been making equity adjustments on a regular basis? Is that money I get to keep in my budget?

The equity funds may be applied later in the year as needs arise and it may also be moved to other departments within the same unit that have equity priorities. The equity funds may not be used for merit increases.

Can I use merit or equity funds to increase the size of one-time performance bonuses?

Merit or equity funds may not be used to increase the size of one-time performance bonuses.

If an employee on the equity roster has a recommended equity increase of 10%, may we give that employee a 0% merit increase, since that employee is going to receive a more sizable increase?

No. The equity increase recommendation is in addition to the merit program, not to replace it. The equity program increase should not replace the merit program, since the employee has already been identified as paid low relative to other employees on campus in the same job title.

If the department wishes to delete an employee from the equity list, what sort of documentation is necessary?

The equity roster has a drop-down choice citing the following reasons for deletion of an employee from the equity list: “Performance; Special Skill/Expertise; Actual Salary Compression; Recent Salary Increase; Other.” The department must select one of those choices. The Compensation Unit may contact the department to obtain more detail regarding the proposed deletion.

If the department wishes to add an employee to the equity list, what sort of documentation is necessary?

The equity “additions” roster has a drop-down choice citing the following reasons for addition of an employee to the equity list: “Low Salary; Special Skills/Expertise; Actual Salary Compression; Performance; Other.” The department must select one of those choices. Central Human Resources may contact the department to obtain more detail regarding the proposed addition.

If the department wishes to modify the percentage given for an equity increase, what sort of documentation is necessary?

The roster has a drop-down choice citing the following reasons: “Low Salary; Special Skills/Expertise; Actual Salary Compression; Performance; Other.” One of the choices should be selected to indicate why an equity increase is being modified. Central Human Resources may contact the department to obtain more detail regarding the proposed modification.

Merit Program

Who is eligible to participate in the 2016-17 PPSM Merit Salary Increase Program?

Staff covered by Personnel Policies for Staff members (PPSM) policy:

  • In a Career or contract appointment included in salary ranges 15 – 30 hired before 1/4/16
  • On payroll in an eligible position and appointment on the date that the pay increase is paid, and
  • Performing at a level that meets expectations.

Contract appointments are handled on a case by case basis.

Who is not eligible for consideration for the merit salary increase?

  • New hires and rehires on or after 1/4/16
  • Rehired Retirees
  • Employees who have salaries exceeding the salary range maximum for their position 

How are performance ratings a factor in the salary increase amount?

The matrix below is an example of how the employee’s performance rating and the quartile the employee resides in the salary range (market lag) may be considered. Individual managers may administer the program differently.  

Compa-Ratio Image

How do I explain why an employee with a 4 rating in the 4th quartile has a salary increase range of 1.0-1.5% and another employee with a 3 rating in the 1st quartile has a higher increase range of 2.0-2.5%?

Berkeley’s salary ranges are market priced to the Bay Area. A job is considered paid at market when the compa-ratio is close to 100%. An employee in the 4th quartile (118% compa-ratio or higher) is well-paid for their job while an employee in the 1st quartile (65-83%) is at the low end of the market range for their position. The employee in the 1st quartile should be receiving larger increases if they are performing satisfactorily or better to bring them closer to market. The employee in the 4th quartile should receive a smaller increase because they are already well-paid for their job. If a significant stretch goal was achieved the employee could be considered for a one-time performance bonus.

The guidelines state that merit increases for Supervisors/Managers are contingent on completion of written reviews for all subordinate non-represented staff confirmed by their manager. At what managerial level will the increase be affected?

​If you are a supervisor/manager, you must complete performance reviews for each of your non-represented direct reports to be eligible for a merit increase. If any of these required performance reviews are incomplete as of 8/31/16, your merit increase will be delayed until the 1st of the month following completion of the missing review(s).

This delay affects only your merit. Merits for your own manager and for your subordinate managers are not affected (assuming they have each completed all of their own required reviews).

Will the Berkeley campus salary ranges be adjusted?

Berkeley’s salary ranges will be adjusted by 2% effective July 1, 2016.

Who is considered a “Career” employee?

PPSM policy covered employees with an appointment type 2 (Career) and appointment type 7 (Partial-Year Career) are considered a “career” employee.

An employee is promoted or reclassified from a represented position into a non-represented PPSM position , and received a promotional/reclassification salary increase. Is this employee still eligible to participate in this 2016-17 salary program?

Full Question: An employee is promoted or reclassified from a represented position (covered by policies contained in the bargaining unit contract) into a non-represented PPSM position on or after January 4, 2016, and received a promotional/reclassification salary increase. Is this employee still eligible to participate in this 2016-17 salary program?

No, eligibility is limited to non-represented, career staff covered by PPSM before January 4, 2016.

Are Contract (appointment type 1) employees eligible for a salary increase?

It depends. Some contracts stipulate that the employee receive the same percentage increase as the campus control figure. Departments should review all contracts to determine if a salary adjustment will need to be provided.

Should employees who have separated from the University on or after the effective date of the program, but before the payout date, receive the increase?

No. Based on past practices and operational considerations, any separated or terminated employee is ineligible for a salary increase. They must be actively employed on the payout date to receive the increase.

An employee in my department has already received a 24% salary increase this fiscal year. Will this employee be eligible to receive any further salary adjustment?

Full Question: An employee in my department has already received a 24% salary increase this fiscal year.  I understand that under PPSM policy, an employee's total salary increase in a single fiscal year (including merit, reclassification, promotion, and equity adjustments) shall not exceed 25% of the employee's base salary (as of June 30, 2016, in this situation) unless an exception is granted by the Chancellor.  Will this employee be eligible to receive any further salary adjustment?

When the updated PPSM Policy 30 was issued in 201, it stipulated that system-wide salary program salary increases are now excluded from the 25% calculation.  Hence, no need to gain additional approval for a merit salary increase that takes the current fiscal year total increase percentage over 25%.

If an employee transferred from another UC location after January 4, 2016 to our campus, are they eligible to receive a merit increase?

It depends.  Assuming that the entire eligibility criterion is met, then, yes, the employee is eligible.  However, in the automated merit roster the employee will appear to be ineligible since they did not have a Career appointment at UC Berkeley before January 4th (HIRE).  Please send the employee’s name and the name of the previous UC location to Compensation Operations Manager Scott Dinkelspiel (scottd3@berkeley.edu) for validation that the employee did not receive a salary increase when moving to the Berkeley campus.  Departments will be notified regarding the update process once the eligibility validation has been completed.

Is a career employee who goes below .50 FTE still eligible?

No. Once a career employee drops below a .50 FTE, appointment status changes to Limited.

How does the merit salary increase affect an administrative stipend?

If the stipend was established as a percentage of base pay, the stipend should increase when the base salary increases.  If the stipend was established as a flat dollar amount, the stipend amount should not change. 

Are employees on leave status eligible?

Yes, assuming they meet all other eligibility criteria.  Merit increases for employees on leave can be processed by the web-based application.

An employee recently transferred to my department. With the performance evaluation period being July 1, 2015 to June 30, 2016, how do I conduct a performance evaluation?

The current department will need to contact the old department for an assessment of the employees’ performance for the time period the employee was in the old department in order to determine eligibility.  If no one is available to provide that review, the current evaluation should state the period of time being used by the current supervisor.

How do we treat an employee who does not have a performance evaluation?

PPSM requires that all non-represented staff have an annual performance evaluation.  Employees who do not have a written, documented performance evaluation during the past twelve months (July 1, 2015 – June 30, 2016) will be deemed to be “3 – ME – Meets Expectations” and are eligible to receive a salary increase.

An employee works 50% time in my department and 50% time in another department. How will this employee’s increase be handled?

The employee will appear on two rosters – your department roster and the roster in the other department.  Each 50% appointment will be handled separately.

Performance Bonus Program

When should a manager consider giving a one-time performance-based bonus?

Managers are encouraged to consider using one-time bonuses for top performance achievements at any time during the year. However, Achievement Awards typically occur toward the end of the fiscal year. In fy17, we have set aside $2 million to be allocated to campus units for use on Spot and Achievement Awards, and to be distributed within the unit at the discretion of the unit head. Individual award decisions are at the discretion of unit managers, and are handled through the Staff Appreciation and Recognition (STAR) program which continues to provide for $500 Spot Awards and Achievement Awards from $2000 up to $10,000 (or 10% of the annual base whichever is lower). Managers have the flexibility to award substantial one-time bonuses and consider a lower base adjustment, particularly in situations where the achievement of a significant stretch goal warrants a higher level of reward than can be provided with a base salary adjustment. The STAR award review process varies by unit. This program supports our commitment to developing and rewarding a high performance culture.

What is the process for nominating an employee for a performance-based award?

Managers who nominate an employee for an Achievement Award should follow their unit’s established process for review, approval and pay-out of the award.

How are performance-based awards funded?

Performance-based awards via the STAR program are one-time bonuses covered by centrally allocated funding.

Are represented staff eligible?

The Teamsters are eligible for the STAR program. Other represented staff are not eligible. 

Benefits

What if I am out on disability or need to go out on disability? How would this work?

If you are already out on disability, your benefits will continue through Liberty Mutual as long as they are approved by the Plan. If you need to file a new disability claim, contact the Benefits Office and request a Disability Packet to begin the disability process.

If I am out on a leave without pay, how do I pay my benefits premium?

Payments, payable to "UC Regents," should be sent to the normal location unless other instructions are announced:
Business Services - Insurance Section
University of California
171 University Hall
Berkeley, CA 94720-1104

If the Berkeley campus is shut down, payments should be sent to the Office of the President unless the disaster is affecting them as well:
UC Human Resources & Benefits
Health & Welfare Administration
PO Box 24570
Oakland, CA 94623-1570

How do I receive medical services?

Continue to use your medical plan as usual. If you need to pay out of pocket to receive service, please keep your receipts and contact your medical plan directly to file a claim for reimbursement.

Will I continue receiving benefits?

Your benefits will continue as long as your appointment makes you eligible to receive them. New employees must enroll in the benefits package that matches their appointment status, and their benefits will be effective as of the date of hire.

Employee Assistance

How long will it take for employees to recover and return to their normal level of functioning?

This is no specific timetable for recovering from a traumatic event. Individuals may vary significantly in their recovery process based on a number of factors. Most people have intense but normal reactions to an abnormal event. With information, good support, coping skills and self-care, the majority of people will be able to return to a level of functioning where they can adequately and safely perform their job duties within the first two weeks. While some individuals may require longer to reach a baseline of functioning, it is important to note that some aspects of recovery for most people may take months or even years and often require ongoing attention.

What actions can I take to help support employees after a critical incident?

There are many things that may be useful or unique depending on the incident and your connection to it. Here is a general list that is a good place to start. 
1. Inquire about their well-being.
2. Provide caring and empathic leadership.
3. Create opportunities for employees to support each other.
4. Address and express your own feelings about the incident.
5. Attend to your physical recovery.
6. Reach out to others for support.
7. Consult Employee Assistance and other available resources.

What is the best way to communicate with employees after a traumatic event?

There are two main parts of communication to focus on during this time. First, provide information regularly and repeatedly. Our cognitive abilities are literally impaired when we are experiencing intense emotions. People often cannot remember or process information as well as the normally could. Be sure to share important information over and over in the aftermath of a significant event and whenever possible both verbally and in written form. Avoid overloading the message with too much content. Pick the one or two key elements you need to communicate and repeat them. The second critical aspect of communicating during this time is to listen carefully. People are looking for comfort and reassurance during these times. They will almost always tell you what they need. Compassionate and attentive responses to employees' needs during this time typically leads to a quicker recovery and a dedicated workgroup.

What type of assistance does Employee Assistance provide?

Employee Assistance consultants are a diverse team of licensed mental health professionals with graduate degrees in behavioral health and experience in organizational dynamics. We can provide assistance to individuals, managers, or entire workgroups. We offer counseling, consultation, onsite debriefings, referrals, resource identification, handouts, coaching, and ongoing support.

Labor Relations

Proof of Service

What is Proof of Service?

Proof of Service is a method of verifying that a document has been transmitted to an individual, union, or an individual's representative.

When is Proof of Service used?

A Proof of Service may be required under certain provisions of a collective bargaining agreement or the Personnel Policies for Staff Members (PPSM). Managers and supervisors should review the appropriate article or policy when taking an action. In addition, a Proof of Service is required for management responses to employee grievances.

When and how is Proof of Service by Personal Delivery used?

When delivery is to be made by personal presentation, the person who will actually deliver the document(s) should complete the Proof of Service - Personal Delivery  (Word) form and hand the document to the addressee. Some points to remember:

  • The individual who signs the Proof of Service must actually hand the document to the addressee.
  • The signator on the Proof of Service cannot be a party to the subject matter of the document. In other words, the supervisor signing the discipline letter cannot sign the Proof of Service.
  • The signator to the Proof of Service should not be a bargaining unit employee or a subordinate of the individual to whom the document is addressed. When Personal Delivery is used, a supervisor should have another supervisor handle the delivery.
  • A copy of the Proof of Service form(s) should be attached to copies of the transmitted documents that will be retained in the department. If responding to an employee grievance, a copy of the response and Proof of Service form(s) should be sent to the Labor Relations Specialist assigned to the case.

When and how is Proof of Service by Mail Delivery used?

When delivery is by United States Mail, the person who is going to mail the document fills out the Proof of Service - Mail Delivery  (Word) form and mails it with the document. Some points to remember:

  • The envelope should be addressed to the employee's last known address.
  • The signator on the Proof of Service cannot be a party to the subject matter of the document. In other words, the supervisor signing the discipline letter cannot sign the Proof of Service. Also, the signator to the Proof of Service should not be a bargaining unit employee or a subordinate of the individual to whom the document is addressed.
  • The person signing the form should place the document(s) in the envelope, including a copy of the Proof of Service, seal it, and affix sufficient US Postage to insure First Class delivery.
  • The person signing the Proof of Service form should deposit the envelope in a United States Postal Service (USPS) deposit box before the last scheduled pickup on the date the Proof of Service is signed.
  • A copy of the Proof of Service form(s) should be attached to copies of the transmitted document that will be retained in the department. If responding to an employee grievance, a copy of the response and Proof of Service form(s) should be sent to the Labor Relations Specialist assigned to the case.

What should be entered in the sections that require completion?

  • Work Address - Signator of Proof of Service form should identify his/her campus address (include city, state, and zip code).
  • Date of Delivery - The date the document is handed to the employee.
  • Date of Mailing - The date the document is placed in the USPS Mail box.
  • Subject of Document - Identify document (Example: Intent to Dismiss).
  • Name of Recipient - The name of the individual to whom the document is being personally delivered via Proof of Service.
  • Location of Recipient - Identify the work location of the recipient if delivered at work (Example: Physics, 366 LeConte Hall, University of California at Berkeley).
  • Name, street address, city, state, and zip code - Identify the name of the individual to whom the document is being mailed and the individual's mailing address.
  • Name/Signature - The name of the individual who will be handling the Proof of Service.

Agency Fees

What happens if an employee refuses to pay the Agency Fee and is not a religious objector?

Under the law, unless one has been designated a conscientious objector, payment of union dues or the Agency Fee is a condition of employment. Employees who refuse to pay the dues/fee cannot remain University employees.

Does an employee have to agree to have the fees deducted from the paycheck?

No, under the law the fees will be automatically deducted like taxes and Social Security.

Can the Agency Fee be rescinded?

The Agency Fee may be rescinded (or eliminated) by a majority vote in a secret ballot election of all employees in a particular bargaining unit. To hold an election, a petition must be served on the Public Employment Relations Board (PERB) containing signatures of at least 30% of the employees in that bargaining unit. No more than one vote can be taken during the term of any contract in effect on or after January 1, 2000.

Are limited appointment employees and students subject to the Agency Fee?

Limited appointment employees covered by a collective bargaining agreement are subject to the deduction. Students in limited positions are thus also subject to the fee. Students in casual/restricted positions are not covered by collective bargaining agreements and are, therefore, not subject to the fee.

If an employee is a religious conscientious objector what should he/she do?

If an employee is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations, the employee should contact his or her union to seek exemption from the Agency Fee. Exempt employees are required to donate an amount equivalent to the Agency Fee to one of three non-religious, non-labor charities designated jointly by the union and the University. The union is solely responsible for deciding the employee's objector status. If the employee does not know what union to contact,  Human Resources' Labor Relations Office (labrel@berkeley.edu) can assist.

Who has to pay the Agency Fee?

All University employees covered by a collective bargaining agreement who are not currently paying union dues are required to pay the Agency Fee.

Union Representation

Does the union have the ability to unilaterally grant raises and/or prevent termination of employees?

No. These matters are part of the negotiations process between the University and any union certified to represent a unit of University employees.

Are wage increases subject to collective bargaining?

All wage issues will be subject to the collective bargaining process.

How is the amount of union dues established?

The union determines the amount of dues and fees. The union would be able to inform you about their current dues structure. If you have questions about the dues structure, then you should make further inquiries directly to the union.

Will I have any say in the negotiations?

Each union has its own rules about whether all employees or only union members (i.e., dues-payers) can express their views on contract matters.

Does UC have an opinion about whether or not employees should be unionized?

The University adheres to the principle that representation by a union is a matter of employee choice.

UC supports employees’ rights to determine for themselves whether or not they think unionization is beneficial. The University believes that its role is to ensure that you have an informed choice when faced with this important decision and to ensure that you understand the process.

If the union obtains a majority of signed authorization cards, or if a majority of voting employees elects a union as the bargaining representative, will I have to become a member of that union and pay dues?

No. Membership in the union is up to you. By law you cannot be forced to join the union. However, you will have to pay something to the union for its representation. These are called “agency fees”. The amount depends on the union.

If there is an election, is there a minimum number of employees that must vote in order to decide the outcome?

No. A majority of the employees actually voting determines the outcome. If only 100 people vote, then only 51 need to say yes. They would end up deciding for every other employee in the group. This is why you should make sure to vote.

Is membership in the union required to vote in an election?

No, if your position is included in the bargaining unit, you may – and should – vote.

If I signed an authorization card, and would like to revoke it, what should I do?

Under current PERB case law, authorization cards cannot be revoked.

How does an election actually take place and what will be my choices on the ballot?

If the union collects more than 30% of the signed authorization cards but less than a (50%) majority, PERB will hold an election. You will have two ballot choices:

  1. "No Representation" – this means you DO NOT WANT unionization
  2. The union’s name– this means YOU DO WANT unionization

Whichever option receives a simple majority of the votes cast wins. If a majority of those voting select "No Representation" you will continue to participate in the University's personnel programs for non-represented employees.

If I signed an authorization card, am I automatically a member of the union?

No. If the union is certified as your bargaining representative, you will have the option of joining the union or being represented by the union.

If I signed an authorization card, do I have to vote in favor of the union if an election takes place?

No. If the union collects enough cards, there will be no election and there will be no vote. Then your signature on the authorization card is your vote for the union. But if the union does not get enough cards, and there is an election, you may vote your opinion as of the date of the election. You are not bound to vote for the union on the basis of your signature.

Does that mean that signing the card is effectively the same as voting for the union in an election?

Yes. If the union submits enough cards (50%+1), then there will be no election and the Union would be legally certified as exclusive representative for all employees in the bargaining unit. There would be no opportunity to vote.

Once employees choose to be represented by a union, can they change their minds?

Yes. There is such a process called decertification, which is also driven by employee choice. This process is complex and can take a long period of time. It requires the filings of a certain amount of cards and a subsequent election.

The University would not and cannot be involved in this process.

What does it mean if I signed an authorization card?

It means you are choosing the union to act as your representative. A union may submit these cards to PERB, and based on a card check and not an election, become your exclusive representative if it obtains a majority of signed authorization cards. If a union obtains less than a majority but more than 30% of signed authorization cards, there will be an election.

What is an authorization card?

An authorization card is a document giving your permission for the union to represent you and requires your signature.

How does a union become my exclusive representative?

There are two ways that this can occur.

A union can collect enough authorization cards from you and your coworkers. It will need to collect cards from over 50% of the designated group of employees (called a bargaining unit) to automatically become your collective bargaining representative.

It can also happen by a vote. In order for a vote to happen, the union would have to collect authorization cards from at least 30% of the bargaining unit. Then the Public Employment Relations Board (PERB) would hold an election. In order for the union to win the election, 50% of the employees who vote would have to vote in favor of unionization. If that happened, you would be represented by the union.

What does it mean to be exclusively represented?

If, through the representation process, the union represents you, it also represents all employees like you throughout the UC system. The union has the authority and the exclusive right to negotiate with UC management on the amount of wages, benefits and working conditions that the employees will receive. The legal power to negotiate as an individual would change and the union would become the agent for all employees in the bargaining unit. Once the union represents you, potential wage increases could be less a matter of individual performance and achievement, and would be the outcome(s) of the collective bargaining process.

What is a union?

A union is an organization which has as one of its purposes to collectively bargain the wages, hours and conditions of employment of a particular group of employees. It acts as your exclusive representative for these purposes. In order for the union to become your exclusive representative, a sufficient number of employees must show an interest in being represented.

Employee and Labor Relations

Whom do I call regarding state of emergency issues?

This could be either Public Affairs or Employee Relations, depending on the question.

Whom do I call regarding contract questions?

You should consult first with your department human resources manager, who may wish to consult with Employee Relations. If you do not have a department human resources manager, you should contact campus Employee Relations at 642-9046.

Can we offer to pay our volunteers?

No, we cannot pay volunteers, but we can hire them as employees.

Can volunteers work for money?

No, volunteers cannot be paid. The receipt of money for services performed would render these individuals “employees.”

Will background checks be required for new hires?

If there is a legal mandate that an employee be subject to successful completion of a background check before commencing work, the University is obligated to comply with the law. The campus has identified positions that, under policy (not the law), require background checks. In an emergency situation, a decision will be made by senior campus management as to which of those positions would require an individual to have a background check.

Is a supervisor’s presence required for staff to perform work?

A supervisor or manager should be available to employees in a work area. Lead employees can be used to give out work, direct work or oversee the performance of a task. However, only a supervisor can give a direct order, impose discipline, reschedule the employee, assign overtime, and make determinations regarding health and safety issues. Specific questions regarding the authority of a lead employee should be directed to an Employee Relations Consultant.

Will employees be granted any administrative leave?

The decision to grant administrative leave with pay rests with the Chancellor.

Will staff be given time off to go to the bank?

Staff are free to use break and lunch time as they wish. As is the case now, supervisors can permit employees to occasionally combine lunch and break periods on a case-by-case basis. They can also approve the use of vacation or compensatory time off or permit the employee to make up the lost time during that same workweek.

Can staff change their work schedule?

PPSM and the contracts permit changes in work schedules at either the employee’s request or the request of management. Most of the contracts require some advance notice to employees and the union of schedule changes. Again, it may be possible to waive those notice requirements. Supervisors and Managers should contact their Employee Relations Consultant for guidance.

If an employee who receives a shift differential is temporarily (4 days or less) transferred to a shift that does not receive a shift differential, PPSM and the contracts require the University to continue to pay the shift differential.

If an employee is moved from a shift that does not get a shift differential to one that does, the employee should be paid the shift differential at the appropriate rate.

Can staff work alternative work schedules?

The regular work schedule at the University is eight hours/day for five consecutive days within a week. Alternate work schedules are schedules that are not five days at eight hours, for example, working ten hours per day over four days within a week.

PPSM and the contracts covering staff employees permit alternate work schedules. The contracts require 30 days advance notice to employees and the union when the University is attempting to establish an alternate work schedule. Most of the contacts permit some flexibility on the notice requirement. Supervisors and managers who need to have employees work an alternate schedule or who get requests from employees for alternate work schedules that they can accommodate should contact their Employee Relations Specialist to determine how best to proceed.

How is time accounted for if the Chancellor declares a “campus closure”?

Information on campus closures can be found primarily in the vacation articles of the contracts; information on how sick leave accrual is handled during campus closures is found in the sick leave articles of the contract. For PPSM, see Absence from Work, III.F, Administrative Leaves.

During a curtailment, employees are allowed to use accrued vacation or compensatory time off, or up to three (3) days of vacation leave prior to accrual. Employees may also opt to use leave without pay. Additionally, up to three (3) days of an unpaid curtailment leave shall be considered time on pay status for the purpose of accruing vacation credits and sick leave.

How do we account for staff’s time?

Supervisors and managers should follow departmental procedures. Supervisors or managers with questions regarding hours of work, leave of absence, vacation and sick leave should consult PPSM or the appropriate collective bargaining agreement and/or a campus Employee Relations Consultant.

Are staff required to fill out timesheets during this time?

To the extent that staff are present or can fill out timesheets via some other form of communication, timesheets should be completed in accordance with department policies. If employees are not available, timesheets may be delayed or may have to be amended. Please remember that the University cannot recoup overpayments to an employee without going through proper legal proceedings. If an employee has been overpaid, the supervisor will have to contact Payroll to secure the necessary forms for adjusting subsequent paychecks.

Will special consideration be made for people who are caretakers of children or the elderly?

Supervisors should take such demands into consideration, but may require some proof or written documentation that the employee is required to be present and be the care-giver. It may be that the supervisor and the employee can reach some agreement regarding hours of work or a reduction in time. Again, this should be handled on a case-by-case basis.

Can staff use vacation time if they do not come in?

Staff can use accrued vacation and compensatory time off if approved by the supervisor in accordance with departmental policy and PPSM or the appropriate contract. Operational needs will need to be taken into consideration when granting any type of leave.

Can staff be required to perform work normally performed by employees in other classifications?

Yes, if they possess the necessary skills, knowledge and ability and meet all other requirements of the position. Most contracts have provisions for out-of-class work. If the work assigned is at a lower classification, the employee retains her/his current salary. If the work is at a higher level and is performed for 20 or more days, the employee should be paid at the higher rate. For PPSM employees, see PPSM Policy #30, Salary, I. Administrative Stipends for temporary appointments. The change should be documented to the employee and a copy of the documentation should be placed in the personnel file.

What are the consequences if staff do not come in to work?

Supervisors should handle this on a case-by-case basis and exercise good judgment. In this instance, supervisors may have to balance the personal needs of the employee with the needs of the department.

If a supervisor does not grant the employee leave, the employee will be considered absent without approval and will not be paid for the time. The decision whether or not to take formal disciplinary action is a decision to be made on a case-by-case basis.

Can we require staff to work overtime?

Staff can be required to work overtime. Under the contracts, overtime is offered on the basis of seniority. If no one accepts the offer of overtime, then it is assigned on the basis of inverse order of seniority. Some contracts permit employees to file “requests not to be assigned overtime.” To the extent possible, supervisors and managers should honor those requests. If a particular skill is required to be performed during the overtime, supervisors and managers can assign that overtime to employees who possess that skill regardless of seniority. PPSM has no requirement to assign overtime by seniority; thus, management has discretion to assign overtime as it deems necessary.

Can I order my staff to come in?

Pertinent contract articles: Hours of Work, Leaves of Absence
Pertinent PPSM Policies: #31 Hours of Work, Absence from Work

Staff can be directed to come in to work on their normal work days. If an employee states that s/he cannot come in, the matter should be handled as a leave request. Supervisors should follow their normal protocol in approving or denying the requested leave.

PPSM and most contracts have provisions for call-back. Supervisors can use these provisions to call employees back to work on their non-work days or for hours on work days that fall outside the employee’s regular hours of work.

Supervisors can also require employees to work overtime. In all instances, supervisors should review the overtime provisions found in the Hours of Work articles of the collective bargaining agreements and PPSM Policy #32, Overtime. Supervisors should check the policy or appropriate contract covering the bargaining unit that the employees who are being assigned the work.

Development

People Management Certificate

Is there a convenient way to search and register for the classes included in the new People Management Certificate?

Yes, if you click on this link, UC People Management Classes you will see a list of all online classes and currently scheduled in-person classes, and will be able to directly register for any class of your choosing.

What is the start date or length of the program?

This is a self-paced program. In terms of start date, you can start now, or at anytime that works for your schedule, and you have a limit of 3 years for completion from start to finish.

Once I complete the certificate, what else is available for professional development in the people management area?

Our first suggestion is to work with your manager to develop or further develop some of the skills you learned in the certificate program. You need to experiment to continue your growth as a professional. So, pick an area, put it to work and then evaluate your efforts. Once you are ready for additional knowledge development, you might want to complete the supervisor knowledge assessment. And of course, there are additional KEYS, Multicultural Education Program workshops, Ombuds, online, UNEX classes and more available to you. Please check out Professional Development Resources and our new Training Calendar of Events.

Why should I invest the time to complete this certificate? Will it benefit my career in any way?

To state the obvious, earning a certificate is not a certain path to the executive level. However, being open to learning new concepts and new approaches is one of the keys to success in any career path. You will be exposed to new ways of managing people and if you work on further developing these skills and asking for feedback on how you are doing as a people manager, then you are almost certain to grow professionally. You will also be able to put this certificate on your resume, LinkedIn profile, etc. and it shows that you are committed to developing your people management skills. It also adds to your credibility as it will be recognized across the entire UC system.

How will I receive my People Management Certificate?

On a monthly basis, we will review completions and you will receive an acknowledgement email confirming your attainment of the People Management Certificate. In addition, the certificate will be part of your permanent learning record and can be printed from the Learning Management System if you’d like to display it.

I have already completed some of the courses required for the certificate. Can I get credit for them?

Credit will be given for any course completed in January 2014 or later.  We believe a 3-year “look back” is reasonable. Going back any further is not recommended as we continually update our course material due to the changing nature of the workforce and the evolution of employment policies.

I supervise students. Am I eligible to attend the KEYS workshops?

The KEYS workshops are designed for staff who have a supervisor or manager title, regardless of the job titles that you supervise. If you have questions about whether you qualify or not, please send an email to Suzy Thorman at sthorman@berkeley.edu

Currently, I am not a people manager but aspire to this role at some point in my career. Am I eligible to earn the certificate?

Yes, earning the certificate will give you insights into what the role entails and help you determine if being a people manager is the right fit for you. The only restriction is that you will not be able to enroll in the KEYS classes. The KEYS classes include exercises and material specifically designed for individuals who are already in a supervisory role.

Performance

Performance Cycle

What is the performance cycle?

Phase 1 - Planning:  Creating goals and expectations between the employee and manager for the current year.

Phase 2 - Check-Ins:  Giving ongoing feedback throughout the year; identifying acomplishments, areas for improvement and adjusting the goals/expectations as necessary.

Phase 3 - Review:  Reviewing the year at the end of the performance period.

The intent of this process is to identify the key parts of each employee’s job, identify what it looks like when that is done well (meets your expectations as a manager), and how both you as manager and your employee will know when that is achieved (measurements).

Phase 2 – Check-in

What happens when goals change?

It is quite likely that the goals/outcomes will change during the year. When they do, the manager and employee would discuss the new goals, and both agree to the expectations going forward. They would document the changes by updating the PPR document, and initial and date the new form to indicate understanding and alignment.

Phase 3 - Review

How does an employee provide feedback on their review?

An employee is welcome to add comments as a separate attachment. If they prefer to write a self-review, the employee is always welcome to request that their self-review, or other comments, be attached to the performance review form.

What do I do with the comment section?

Comments under each of the goals will be added when the goal is reached, or when the review period is completed. Overall comments are included towards the end of the document, covering those areas not addressed in the comments from the goals.

Is there a correlation between “meeting goals” and a “meets expectations” overall rating?

Not necessarily.  Clearly, one aspect of performance is whether the goals were met or not -- but which goals were met and how they were achieved matters as well.  Here are two examples.

  • Two employees each met their goals.  However, one employee performed in ways that exemplified one or more of the Operating Principles, while the second performed in ways that undermined one or more.  Depending on the circumstances, a manager might determine that a higher rating is appropriate for the first employee and a lower rating appropriate for the second.
  • Two employees each met some but not all of their goals.  However, one employee focused on the most critical or demanding goal, while the second focused on the least critical or demanding.  Depending on the circumstances, a manager may determine that a higher rating is appropriate for the first employee and a lower rating appropriate for the second.

How do I quantify the overall performance if there is no number system (similar to previous reviews)?

The review discussion and overall rating is not intended to be a numerical scoring system, but rather an overall assessment on the manager’s part of the performance of the individual over the past review period.

What if employees meet goals, but don't do well in other responsibilities?

The 3-5 goals should cover 80% or more of the job responsibilities. For the performance of other job duties, they can be identified and covered in the overall comments section. This section completes the narrative if the year.

How do I get others’ feedback in creating a performance review document?

This has not changed. You may continue to use feedback from others just as you have in the past.

How do I review performance if goals weren’t established for the year?

The process requires that you set goals at the beginning of the year. Since we have simplified the form to focus entirely on goals, if you do not get goals established, you will want to sit down right away with your employee and get agreement on outcomes expected for the year. Without goals established, there will be nothing to discuss during the review phase.

Why is there a limit on individuals who can be rated Exceptional performances by unit?

Exceptional performance is intended to acknowledge the accomplishments and delivery of results that are well beyond expectations. As such, at the unit level, monitoring the frequency of those ratings helps insure that we are being accurate and rating the overall performance. Each unit has established calibration requirements regarding the exceptional ratings. By achieving an exceptional rating in a given year, individuals are being recognized for that ‘over and above’ performance for that particular year, and not in comparison to other years or other contributor’s in their unit.

Phase 1 – Planning

How do I set goals?

  • Meet with your employee.
  • Identify and agree on major pieces of the job.
  • Use that list to determine performance for the year.
  • Start the next period by identifying the major pieces of the job, what success looks like, and how that might be measured.

What are the components of a goal?

Each goal will represent a major portion of the job, with a statement of what success looks like (meeting the manager’s expectations). Ideally, goals would include specific, measurable, realistic and time bound elements (SMART). Visit the HR tips on SMART goal writing.

What happened to the competencies?

We heard from many of you that the requirement to assess all staff along each individual competency was burdensome and not always useful.  Based on your feedback, we have shifted the focus of the PPR process to goal setting. By aligning individual performance goals with your organization’s strategic priorities, you are helping your staff actively engage in moving your unit toward its operational objectives.

The competencies are still important to managing your employees, because they support how the goal was accomplished. You will likely still use them in coaching your staff toward improved performance.  In doing so, you may find The Behavioral Anchors to be a useful resource.

Will there be training on goal setting for Managers and Supervisors?

Yes! Our KEYS class, ‘Communicating Goals and Expectations,’ provides detailed support on how to set goals. This program is offered twice a year based on the timing of the performance cycle (sign-up on blu). There is a online course (sign-up on blu) titled "UC Setting Expectations and Individual Performance Goals." Additionally, Talent + Organizational Performance (TOP) offers training for work teams upon request. Check out our Training resources for more information.

What happened to the development planning?

It’s still part of the process. When you discuss goals with your staff at the beginning of the cycle, it will be particularly important to include a discussion of success measures - i.e., how you will both know that the goal has been met.  As part of that conversation, together you should identify needed knowledge, skills, or abilities that will enable the employee to achieve the goal.  The discussion may result in an agreed upon Individual Development Plan, which you can complete as you have in the past (though it is no longer linked to the PPR form).

Alternatively, for some employees you may want to include a professional development goal as one of the 3-5 annual goals you establish at the beginning of the PPR cycle.

What do I do if I’ve supervised someone for less than a year?

You would review their performance for that period of time that you supervised them. The goals will be those you established for the employee during her/his onboarding process.

How do I use this form for very transactional jobs?

Goals can be either transaction based (e.g., produce 8 widgets each week) or strategic (e.g., redesign the production process so that the team can increase widget production by 10%)

Do we use this form to evaluate staff during their probation period?

Yes, the same form should be used for both career and contract employees during the annual review, and for probationary employees at any point in their probation cycle, as well as the end of the probationary period.

Why is there no section for evaluating responsibilities?

Goals should cover the broad areas of responsibility for a particular role, written as outcomes or results.

Performance Review Form

My employee can't see the form online - what can I do?

This is usually caused by the 1st level supervisor not releasing the form to the employee after the 2nd level supervisor has signed off. 1st level supervisor will need to open the form and click the green 'Final; discuss with employee' button at the bottom of the form.

I need to make changes to the form, but I've already released it to the employee for signing OR my employee has signed it already - what do I do?

If this happens you will need to contact Paul Carroll at pcarroll@berkeley.edu to have the System Administrator re-open the form. Please note that this will automatically re-set the signatures and you will need to go through the signature approval process again (1st level approver, 2nd level approver, employee).

My employee has completed a self-assessment - how do I attach it to the form?

Attachments are not supported in this pilot year of the online form. Instead you can either send the self-assessment directly to HR, or you can print out the form and submit both in paper format at the same time.

Is it just me or is the form printing blank?

If you simply type information into the form and click 'print,' the form will print blank. Make sure you click either of the two Save buttons (yellow or green) beforehand, then print.

What exactly is the “web form”?

It’s a document, like a Google Doc, that you can go in and out of to update as needed during the year, share online with the second level reviewer at the end of the year before finalizing an annual review, and ultimately send to the employee being reviewed. When it is final, it is signed electronically by all parties and archived.

Who’s in charge?

You are! Managers & Supervisors drive this process, from starting a new form and filling in the details, to releasing it to 2nd level approvers (if needed), and final delivery to the employee.

But I was comfortable with MS Word…

The advantages of an online form over paper are significant. Firstly, you get a cloud-based version that you can save, update, edit, and ultimately archive. Secondly - it’s shareable, just like Google Docs, so there’s no need to print or email multiple versions that you and the second level reviewer may want to discuss. It’s also secure, protected by your Cal ID, giving you ultimate control over the form. And, there’s a personalized dashboard where both supervisor and 2nd level approver can see all their reviews in one place and start to calibrate ratings.

How can I share my draft review ahead of time with my employee as I’ve done in the past?

You have a couple of options. As you’ve done in the past, you can print your draft and give it to the employee, or save it as a Word document and send it to them.

Can we use the form for self-evaluations?

Not this year. But you can still ask employees to prepare their self reviews in alternate programs like Word or Google Docs and share with you. The online form allows for direct copy & pasting into it.

Wait - I don’t have a 2nd level approver! - What do I do?

In cases where a 2nd level approver is not needed you can simply enter your own name as both supervisor and 2nd level approver.

Alternatively, an HR Partner (or unit designee who requires global access to your unit) can act as 2nd level approver to track progress toward completing the reviews throughout the process and follow-up with you on missing sign-offs.

I have more than 5 goals for my employee but the online form maxes out - what do I do?

The option to include more than 5 goals does exist, but you will have to move back to a paper form. Ideally, the review should highlight the top 3-4 for the year. If you would like more information about goal setting, check out this Wisdom Cafe article on 3 simple questions that help guide your thinking.

Unusual situations - I have 2 supervisors, or 2 2nd level approvers or a 3rd level approver - what do I do?

These situations are uncommon and have a couple of options. You can revert to the old process to share drafts and final reviews with multiple supervisors and approvers, either by sharing paper copies or Word documents.

If the supervisors can agree on one of them being the “driver” of the form, that person can coordinate and add input from the others. Same if there are multiple 2nd level approvers. In the end there needs to be agreement on a single rating so coordinating from the beginning may prove helpful.

​How can I share the form with my HR Business Partner?

​​If your HR Business Partner is part of your review process and needs to review the form, you can designate the HR Partner as a 2nd level approver. If that is not an option, you will need to print a hard copy or save as a pdf to send to your HR Business Partner for their review.  This functionality is something we are working on for next year, as the current version of the online form does not have a delegate or administrator function.

Performance Review Contingency - At what managerial level will the merit increase be affected?

Full Question: The ​​program guidelines​ for non-represented staff​ state that merit increases for PPSM Supervisors/Managers are contingent on completion of written performance reviews for all subordinate non-represented staff in their unit​, as​ confirmed by their manager. At what managerial level will the merit increase be affected?

​​If you are a supervisor/manager, you must complete performance reviews for each of your non-represented direct reports to be eligible for a merit increase. If any of these required performance reviews are incomplete as of 8/31/16, your merit increase will be delayed until the 1st of the month following completion of the missing review(s). 

This delay affects only your merit. Merits for your own manager and for your subordinate managers are not affected (assuming they have each completed all of their own required reviews).

How does this work in my department if some of us use the paper form and some of us use the online form?

Ideally, all the supervisors and approvers in the department are using the same forms. The dashboard information that tracks completions is most effective if everyone is using the new electronic version.

In some cases, this won’t be possible. For example, you may have already started your annual reviews and are too far down the road to change now. Someone in the unit needs to track completion of the reviews for the purpose of processing merit increases this year. And, the paper forms need to be submitted to CSS following the normal process.

What will happen if I use the paper form?

You will follow the same procedures as years past. And trees will cry.

If I use the online form, do I need to print a copy to send to CSS?

No, if the review was done and signed online, it will be sent to CSS by the system administrator once the process closes (August 31st, 2016). Reviews will not be visible in the system once it closes. If you need a copy beyond that date, you will either need to save a pdf to your own files, or request a hardcopy from CSS.

If an employee asks me why a dialogue box appears, after they click to sign, that reads: “My signatures indicates I have received a copy of this review.” How should I explain this?

If you decided to share the form as a draft with the employee, tell them not to sign it yet. You plan on discussing it with them first.

If it is final and they now need to sign-off on the form, remind them that they are simply acknowledging receipt (there is even a message box that will alert, “My signature indicates I have received a copy of this review”), not signing their tacit approval of the form’s content.

What do I do if the employee refuses to sign, will not acknowledge receipt, or cannot sign (out on leave etc)?

You click the “employee is unavailable or refused to sign” green button at the bottom of the form.

Make sure you consult with your HR partner who can help communicating the evaluation through the normal process.

Where can an employee include comments?

This year employee comments can either get included in the overall comments box where you can specify they are employee comments. Alternatively, you can follow the same procedure as with a paper form and append a separate document with employee comments.

How do I attach a Performance Improvement Plan (PIP) to the Performance Evaluation?

At this time, a paper attachment of the PIP should be printed and manually submitted.

Are Performance Reviews required for rehire retirees?

No performance reviews are not mandated for rehire retirees, although it would be a good practice to do a review with them. They will not be included on the merit roster, and are not eligible for a merit increase - so if a manager does not do a review, it would not impact the manager's eligibility for merit increase.

Will the completed electronic form be available for reference next year?

Reviews will not be visible in the system once it closes. If you need a copy beyond that date, you will either need to save a pdf to your own files, or request a hardcopy from CSS.

Can ratings from the online form load directly to the merit roster?

This year the online form does not link directly to the merit roster.

Are you working on any feature enhancements?

Absolutely! For FY17 we are working on the following additions:

  • The ability for Goals to auto-populate next year’s form
  • Creating space for employee comments
  • A live link to HCM that will auto-populate:
    • Merit roster
    • Employee information

In addition, we want your feedback. This is a new venture that can benefit from user comments. Although it was tested with multiple groups before releasing, it can always be improved. Our goal is to create a satisfactory experience for our staff and an efficient process for collecting the results.

Operating Principles

How can I get a poster of our Operating Principles?

You can download an 8.5 x 11 poster for your workspace here. If you would like to order 11 x 17 posters, or multiple copies for bulletin boards on campus, please contact the project team at operatingprinciples@berkeley.edu.

What was CultureCal?

CultureCal was an unprecedented brainstorming event held from Oct. 1-12, 2012, in which all faculty, staff, and student employees were invited to help define the campus’ operating principles.  Innovative brainstorming software allowed employees to rate proposed principles, create new ones, and promote their favorites.  The site logged over 39,000 hits with over 2,300 employees participating in CultureCal via the website, kiosks, and in-person outreach events. 358 principles were submitted, 401 comments posted, and 22,853 ratings on principles were made.  The project team also conducted in-person outreach, through kiosks as well as special sessions to reach staff less likely to use computers, or who required translation services. The Methodology Report provides more details on how the campus arrived at the final set of Operating Principles. 

How was the final decision on Berkeley Operating Principles made?

Our Berkeley Operating Principles project collectively gathered input from a broad representation of the UC Berkeley campus community.  Over the course of two years, thousands of campus voices contributed to defining a set of operating principles.  Our final Operating Principles were approved on December 6, 2012 by the OE Executive Committee (Chancellor Robert Birgeneau, Executive Vice Chancellor and Provost George Breslauer, OE Program Faculty Head Andrew Szeri, and John Wilton, Vice Chancellor, Administration and Finance).  The Methodology Report provides an overview on how the campus arrived at the final set of Operating Principles. 

How can operating principles be useful?

By guiding both the highest level strategic decisions and our day-to-day activities, Operating Principles help us, as UC Berkeley employees, to look for opportunities to improve operations and our own performance so that we can better serve the University’s mission of teaching, research, and public service. The Berkeley Operating Principles are being infused into our campus operations in both formal and informal ways --- they can be brought up in meetings when things get stuck, and will be part of hiring, staff recognition, and training. Learn more about the research behind organizational culture and operating principles here.

How does this project relate to UC Berkeley's Principles of Community?

Our Berkeley Operating Principles do not amend or change the Principles of Community, which relate to personal and collective behavior as part of a community. Our Berkeley Operating Principles provide guidance in the way we, as employees, do our administrative work; they are not intended to guide the University’s teaching/research mission.

What is the impetus for this project?

Despite the outstanding efforts of UC Berkeley’s dedicated employees, many staff, faculty and students report that it’s often just too hard to get things done here.  Effective and efficient operations, powered by engaged staff, are crucial to maintaining UC Berkeley’s preeminence in teaching, research and public service.  Our Operating Principles describe a working environment that will help us meet campus goals and make UC Berkeley a place where we can all do our best work.

What are operating principles?

Operating principles are short phrases that describe shared values and inspire a common belief system within a community. At UC Berkeley, operating principles provide guidance in the way we, as employees, do our administrative work, and are not intended to guide the University’s teaching/research mission.

What is our Berkeley Operating Principles project?

Our Berkeley Operating Principles project was an Operational Excellence initiative that engaged the campus community to collaboratively develop a set of operating principles that are now being embedded into campus operations in both formal and informal ways. Our Operating Principles describe a working environment that will help us meet campus goals and make UC Berkeley a place where we can all do our best work.  The project team worked closely with departments, schools and campus organizations to offer workshops, tools and resources that help make the principles useful and inspiring to our campus employees, managers and leaders.

What are UC Berkeley's Operating Principles?

The five principles are:

  1. We include and excel, together
  2. We imagine and innovate
  3. We simplify
  4. We are accountable to each other
  5. We focus on service

Employment

This page is a list of all frequently asked questions for the Employment section. The questions are grouped into different categories. Please click on the appropriate topic to view questions and answers for that section.

Hiring

How will the Delegated Authorities know what positions are posted?

HR will send a monthly list to them of all posted requisitions.

How do I request advertising?

Indicate the external media venues and chart string you would like to use in the additonal comments section and job posting destination section of the TAM job opening. Your recruiter will work with you on coordinating the advertisement efforts.

How do I recruit using an Executive Search firm?

Contact your Recruiter or Employment Services Manager for information regarding use of Executive Search firms.

When will I have access to my applications?

  • For all Career, partial-year career, and contract appointments: Day 15 of posting (Exception: SPC applicants are available within the first 14 days)
  • Immediately for MSP and limited-900 hour postings.

How do I determine my Affirmative Action recruitment goals for a job?

To determine Affirmative Action recruitment goals, see the list of Control Unit Affirmative Action goals.

Affirmative Action goals also display within the TAM system.

How can I conduct an internal only recruitment?

You must receive authorization from Human Resources. Submit your request to Brenda Ferguson Hodges at bfhodges@berkeley.edu.

How do I get a temporary waiver?

Temporary waiver requests may be sent to the Talent Acquisition and Employment Services unit at careers@berkeley.edu.

When is it appropriate to recruit on a Career Ladder?

Departments may wish to recruit professional level (uncovered and non-MSP) positions on a career ladder. View additional information on Career Ladder Promotions.

How do I hire a temporary worker?

There are several options for filling temporary needs, including hiring individuals on contract or limited appointments. You may recruit for these positions using the Talent Acquisition (TAM) system, or direct hire for limited appointments. To hire individuals on contract you must use an Employee Relations approved contract template. See information regarding temporary hires.

You may also, in some circumstances, hire through a UC approved temporary staffing agency. View more details regarding temporary agencies.

Job Applicant

I recently acquired relevant job experience that I want to place in my resume, how can I update it?

Unfortunately, you won’t be able to make any edits to your uploaded document once you have submitted your application. However, we can upload a new updated attachment (resume/cover letter as one file) and delete the outdated version, but it’s not guaranteed the hiring team will be able to see the update if the recruitment is already in progress.

It’s been some time since I’ve heard anything about my application, how can I follow up?

The majority of the positions on campus require a two week posting period before applications can be reviewed. In most cases the review process takes several weeks, if not months. After the department begins reviewing applications, they will contact applicants of interest directly for telephone screening and/or an in-person interview. While most applicants are initially contacted via telephone, they may also be contacted through e-mail. Make sure to check your spam folder as in some cases e-mails can be filtered by your service provider.

How can I find out who is the hiring manager or lead recruiter on this posting?

For a variety of reasons, including privacy protection, we are not able to provide that information.  If you would like to address your cover letter, you can address it to “Dear Hiring Manager” or “Dear Hiring Committee.”

I am having trouble with the online process, is there an alternative method to apply?

The University requires that applications are submitted through our online system.

Drop in computer access is available in the reception area at Central Human Resources, 2199 Addison Street (University Hall), Room 192, Berkeley, CA 94720-3540, please call ahead of time to ensure there is a computer available to use at (510) 642-4621.

For help submitting an application online, please contact Campus Shared Services at (510) 664-9000 option 3; 5.

I can't remember my user id and/or password, can you reset it?

There is a login help link. You may enter your username and get a new password sent to you via email or you may enter your email address and your username will be sent to you via email. Please make a note of the email address you used to register your username and password.

I keep getting an error message when I try logging in to apply.

There are a number of solutions to this problem, however, it is up to you to troubleshoot.

  • Try using a different browser. 
  • Use the browser’s “incognito” or “private” window to mask credentials that were previously used.
  • Clear your browser’s cache. 
  • If you are an internal applicant, try logging in through blu.berkeley.edu.

In the middle of my online application process, the system kicked me out. I am unable to move past a certain spot in the process.

This is not necessarily an internal issue, unless the issue was previously mentioned through Berkeley Jobs, rather, try to use a different browser and continue the application process. Your application will NOT be considered until you have clicked the “Submit” button in the final step. 

I have several accounts, can they be purged or deleted?

Unfortunately, we can neither consolidate nor delete your accounts, please try to use only one account to better keep track of your submitted applications. 

How long is the review process, after the first review posting is listed?

In most cases the review process takes several weeks, if not months. After the department begins reviewing applications, they will contact applicants of interest directly for telephone screening and/or in-person interview. While most applicants are initially contacted via telephone, they may also be contacted through e-mail. Make sure to check your spam folder as in some cases e-mails can be filtered by your service provider.

If a job is still posted after the posting end date, how can I find out if there is an extension to the posting?

The “First Review” date does not necessarily mean that the job posting will close down, however, due to the nature of the initial applicant pool it is not guaranteed that the position will remain open. In all cases you will receive an email notifying you of when the posting is closed/filled. 

I applied for the job through a third party system, do I need to apply through jobs.berkeley.edu?

UC Berkeley requires for application activity to be tracked. For this reason, all persons seeking employment as staff must apply via our website at Berkeley Jobs.

I applied for a UC Berkeley job opening on another website but I can’t seem to find it on here. Do I need apply for it again on here?

You have not successfully applied to the position unless you applied through Berkeley Jobs. If you apply for a job opening through an external website that is past the deadline please notify us by calling 510-664-9000 option 3; 5.

I don’t know how to upload my cover letter/additional documents to my application. How do I add the additional document?

Please note, you can ONLY upload ONE DOCUMENT. Please include your cover letter and resume in one document and upload it by clicking the “Upload new resume/cover letter” radio button. Proceed by clicking “Upload” and searching and selecting your desired document. 

How do I know that I have successfully submitted my application?

After you have submitted your application you should receive an email notification acknowledging receipt of your application. If you do not receive this email, your application may not have been successfully submitted. The application should also appear on your list of applications within your Careers home page.

How do I apply for a job opening?

Instructions on how to apply, how to search for job openings, how to register an account, how to create a profile, and how to upload documents can be found through this slideshow.

Job Search Tips

Are positions at UC Berkeley covered by unions and what are the fees associated with being part of a union?

Some positions on the UC Berkeley campus are covered by a collective bargaining agreement.  Employees in positions that are covered may be required to pay an Agency Fee to their exclusive representative union.  Agency fees vary from union to union.  For more information about this, please visit the Labor Relations website.

What benefits does the University offer?

Please visit the University of California ‘UCnet’ website to view information about health and welfare benefits.

What are the definitions of the different types of jobs?

  • Career Appointments are considered “regular” employment. They are defined as 50% or more of full-time for 1 year or longer.
  • Contract Appointments are considered “temporary” assignments. They have a definite time period, i.e. 6-month or 1-year contract. Terms and conditions are specified in a written employment contract.
  • Limited Appointments are considered “temporary” assignments. Individuals in this appointment are expected to be on pay status for less than 1,000 hours in a 12-month period.
  • Partial Year Career Appointments are considered “regular” employment. Individuals in this appointment have regularly scheduled periods not to exceed 3 months per year, i.e. furlough.

I am a citizen of a country other than the United States. Am I eligible to work for UC Berkeley?

All offers of employment to new employees are contingent upon presentation of documents demonstrating the appointee's identity and work authorization consistent with the provisions of the Immigration Reform and Control Act.

When can I expect to hear back from the hiring department?

The majority of the positions on campus require a two week posting period before applications can be reviewed. In most cases the review process takes several weeks. After the department begins reviewing applications, they will contact applicants of interest directly for telephone screening and/or in-person interview.

What happens when I submit my application?

After you have submitted your application you should receive an email notification acknowledging receipt of your application. If you do not receive this email, your application may not have been successfully submitted. The application should also appear on your list of applications within your Careers home page.

How will the department contact me?

Most applicants are initially contacted via telephone, but may also be contacted through e-mail. Make sure to have up-to-date contact information on your applicant profile as well as resume.

What does the term "required qualifications" mean?

Required qualifications are the basic knowledge, skills, education and experience necessary for the position as defined in the specific job classification.

What is a search agent?

A search agent is an advanced search option that you set up in Candidate Gateway to notify you via email when jobs of interest are entered into the system. You can create multiple search agents to correspond to various keywords, departments, or job codes.

When should I fill out a new application?

You must fill out a new application for each position you would like to be considered for.

Why do I have to fill out an application?

Your employment application is considered a legal document, and will be used as a tool to determine whether you qualify for a specific position. Please make sure to include employment history, educational background, skills and licensures in your application and/or resume/cover letter.

Do you keep applications on file for future vacancies?

While your information will remain stored in the applicant system, you will not be considered for future vacancies unless you have formally applied to the position.

Can I start the application process and come back later to complete it?

Yes. You may save your application and finalize it at a later date. Your application will not be considered for the job posting until it is submitted.

May I have the contact information of the hiring manager?

For a variety of reasons, including privacy protection, we are not able to provide that information.  If you would like to address your cover letter, you can address it to “Dear Hiring Manager” or “Dear Hiring Committee.”

What if I forget my user name or password?

There is a login help link. You may enter your user name and get a new password sent to you via email or you may enter your email address and your user name will be sent to you via email. Please make a note of the email address you used to register, your user name and password.

How do I submit a cover letter?

You can only submit one document.  In order to submit a cover letter in addition to a resume, you must combine the two and save as one document.

May I submit my resume directly to the hiring department?

Government regulations require that UC Berkeley track application activity. For this reason, all persons seeking employment as regular staff must apply via our website at http://jobs.berkeley.edu. Once you have applied to the job, your application is directly forwarded to the hiring department.

If I am attaching a resume, do I also have to complete the application?

Yes. Thank you for providing us with the most complete information about your employment background. You may use the same application, update or revise your information as needed on subsequent applications, thus speeding up the process.

I don't have a computer. May I mail my resume to you?

We are only able to consider applicants who apply online. Therefore, you must apply at http://jobs.berkeley.edu. However, you may visit our office at 2199 Addison St., Room 192 (University Hall). The reception lobby has a computer available for job application purposes. (Hours: Monday - Friday, 8:00 a.m.- 5:00 p.m.). To ensure you are able to use the computer please schedule an appointment. To do so, please call (510) 642-7053. You may also wish to consider using the computers at your local library.

Do I need a resume?

No, just fully complete the application. If you do have a resume you can cut and paste or upload it into the application.

Where should I send my resume?

We do not accept resumes at Human Resources.  All applications, including past employment information, must be submitted through the Careers website at http://jobs.berkeley.edu.

How do I obtain a list of job openings at UC Berkeley?

To search for job openings at UC Berkeley, visit the Careers website at http://jobs.berkeley.edu.

How do I find out the status of my application?

The status of the job is available here. Until you receive information from the hiring department, you are “under consideration” for the position.

How do I know if this job is still available?

If you are able to locate a job on the Careers website (http://jobs.berkeley.edu), then the position is still open and being recruited for.

What are the hours that I can submit my application?

Applications can be submitted online any day of the week, at any time (24/7).  Applicants are welcome to use the Employment Services computer to submit their application during business hours (Monday through Friday, 8 am to 5 pm).  Applicants can also schedule half-hour appointments by calling (510) 642-4621.

How do I apply for a job at UC Berkeley?

You must apply online at http://jobs.berkeley.edu.  There you can create a profile and submit your resume and cover letter.

Position Control

What is position control?

This is the regular review of the need to fill new or existing staff positions to ensure that there is a bona fide need for the position that fits within the strategic goals of the university, and that the funds are available. Especially in light of future downsizing, restructuring, and business process changes, there is a need to more closely monitor staffing decisions from a broad campus perspective.

What is the goal of position control for staff jobs?

The near-term goal is to ensure that campuswide staffing costs are reduced by $50M (approximately 500 positions) within the next 36 months, by the end of FY19.

What positions are excluded from position control?

The following types of positions are excluded.

  • Student appointments.

  • Contract and grant funded positions, unless they are moved to central funds for more than 6 months.

  • Academic titles: all faculty, as defined in APM 110-4(15) (e.g. ladder ranked faculty, adjuncts, Professors in Residence, all the Unit 18 titles such as lecturers, etc.).

  • Researchers, Project Scientists, and Specialists (except where hired on non-grant funds).

  • Positions funded by resources directly controlled by the faculty as identified by chart fields 1 and 2 (e.g. start-up package, retention, etc.).

  • Chairs, Academic Directors, and Deans.

  • Specialists and Advisors in Cooperative Extension.

  • Academic Coordinators (currently reviewed by the Academic Personnel Office).

  • Librarians (currently reviewed by the unit head).

  • Post docs.

  • GSIs and GSRs.

  • Extension instructors.

  • Readers and Tutors.

What is the process for submitting a request for approval to hire beginning 7/1/16?

Requests for approval to hire beginning 7/1/16 should be sent to the Chancellor, EVCP, Vice Chancellor, Dean, CFO, or University Librarian, as appropriate, with compelling justification via the list of designated approvers. They will evaluate the justification and decide which requests to approve, and notify the hiring manager of their final decision.

How do I notify CSS HR/AP if a request for approval to hire has been approved?

If the request to fill the position has been approved, the requisition along with the approval email from the designated approvers should be submitted to the CSS via ServiceNow.

What is the process for posting staff positions supported either by contract and grant funds or by any funds controlled by faculty (both types of positions are excluded from position control)?

The faculty should continue to follow whatever process they are currently using to submit requests to recruit for these positions which may vary by school or college. In some cases they go through the Research Administrator, others go through the HR Partner. There is no need to change the process or to go through the designated approver.

CSS, the Research Administrators and HR Partners will work together to get information to the recruiters via ServiceNow that identifies these positions so they can be posted.

How long will it take to get the approval to fill a position?

All parties recognize the importance of meeting business needs in a timely manner, especially those that are urgent. The length of time to approve will vary depending on a variety of factors such as volume of requests and levels of review.

What is the difference between contract and grant funded positions and employment contract positions?

“Positions funded by contracts and grants” refers to the funding source, not the type of appointment, and those positions that are fully grant or contract funded are not subject to position control unless the position is moved off of those funds and onto a different funding source for more than 6 months.

Employment contract positions are temporary appointments with an end date and require position control approval. Contract extensions also need to be submitted for approval.

Is approval required for posting or reposting a limited appointment position?

Recruitments for all limited appointment positions do require approval.

Do positions that are funded by endowments and other philanthropy require an approval?

Endowments and other philanthropically funded positions  need to go through position control. The review is to determine whether the full costs are covered by the funding source, or if it is creating “hidden” costs that impact general funds; and “cost of ownership” in the long term.

Who should HR Partners send their contract appointment renewals to for review?

HR Partners should send contract appointment renewals back to the division if they have not been approved by the designated approver for that specific division.

If a job is posted before 7/1, will the new hire (who will be hired after 7/1) be subject to Position Control?

Unless otherwise directed by the division head, staff positions posted prior to 7/1 continue under the current processes.  As of 7/1, advance approval by the division's designated approver is required before CSS takes any action.

What is the process for approval for posting Contract and Grant funded positions which are moved to central funds for more than 6 months?

Requests to hire Contract and Grant funded positions which are moved to central funds for more than 6 months should be submitted after approval has been provided by the designated approver following the unit’s review procedures.

What is the review process for positions partially funded by Contracts and Grants and partially funded centrally?

These positions fall under position control and must be reviewed  following the unit’s approval process.

What is the process for posting student positions?

Since student positions are excluded from position control, no approval is needed for these positions. They may be submitted for posting following your regular process.

Is approval required for reposting a position following a failed search?

Recruitment for these positions do require approval.

May signing bonuses be provided for approved positions?

No unit may give a signing bonus without the advance approval of the Chancellor. They are rarely used and only in extremely exceptional cases. Please be aware that Faculty Recruitment Allowances are not considered signing bonuses.

Miscellaneous

How do we fill out time sheets if someone works for multiple departments?

Employee timesheets are able to capture multiple departments. Please approve employee work hours completed in your department. Departments should work with Payroll to determine the best method to use.

How will we track temporary help?

Each employee assigned to work in your department will need to record his or her time and pay on a temporary timesheet, which you can obtain from the Payroll Office. This timesheet must have the correct approval signature before submitting it to the Payroll Office.

How do we contact these agencies?

HR Employment Services will contact the agencies.

Can we use temporary agencies to hire staff?

HR Employment Services will have contracts in place with selected temporary agencies. If you have a special request that a contracted agency cannot fulfill, please contact HR Employment Services to help you secure a contract with a specialized agency.

What are the titles of contractors we are allowed to hire?

Departments can hire individuals offering “common or professional services,” i.e., Building and Maintenance Contractors, Janitorial Services, Security Guards, Doctors, Evaluators, System Analyst, etc. Please review the Procurement Services’ website for a complete list and hiring process.

How will we advertise that we are hiring?

HR Employment Services will advertise all open positions. You may request advertisement on the Deployment Triplicate form used to notify HR Employment Services of your vacancy.

Can we hire contractors? What types?

Yes, please refer to the Procurement Services’ website to review contractor-hiring procedures. Procurement Services will have a complete list of eligible titles.

Guide to Managing Human Resources

This page is a list of all frequently asked questions for the Guide to Managing Human Resources section. The questions are grouped into different categories. Please click on the appropriate topic to view questions and answers for that section.

Chapter 1: Employment (Student Assistant Series)

Where do I go for questions about getting students on payroll, student benefits, and/or student terminations?

Please refer these types of questions to your Departmental HR Manager, departmental benefits counselor, or departmental HR assistant.

Are student employees covered by limited appointment provisions?

Student employees who hold casual-restricted appointments are excluded from the provisions for limited appointments.

Can a student work over 20 hours per week during the academic year in these positions?

Graduate students are not allowed to work over half-time per week on average over the period of the term, unless a waiver is granted by the Graduate Division.

Campus Jobs: Undergraduate students are allowed to work over half-time per week on average over the period of the term. However, departments should remember that student's primary obligation is to their studies and the number of working hours should take into consideration the student's academic workload.

Work-Study: There is no restriction per federal or state guidelines. However, employers should be aware that students may accrue eligibility for benefits when working at half-time or better during any given payroll period. These benefits must be paid from employer funds only.

Who is eligible for Student Assistant series jobs?

Student jobs are restricted to UC Berkeley students who are registered for the current academic semester, or in the grace period immediately before or after academic semester registration (grace period defined as a semester or summer, whichever is before or after the period of enrollment).

How do I post a job listing? Where do I send the listing?

Campus Jobs: Student campus jobs are listed on the Career Center's website via Callisto, the on- and off-campus jobs resource for all UC Berkeley students. Review the Guidelines for UC Berkeley Campus Employers for Callisto registration and job posting information. For any questions, contact the Career Center at 642-0464 or jld@berkeley.edu.

Work-Study Campus Jobs: Job requests may be posted online. Go to the Work-Study website and follow the instructions to obtain an employer ID and password. Jobs may be listed, modified or purged at your convenience. For questions, contact the Work-Study Office at 642-5625.

How do I find out what comparable rates of pay exist for similar student jobs elsewhere on campus?

The normal hiring salary is within the range for comparable staff work, and normally the entry salary is at the lower end of that range, unless there are unusual skills, knowledge, ability, or experience that supports a higher level. If there are no comparable campus positions, contact your departmental compensation consultant.

How do I get a new position classified into the correct level?

Students should be placed in an appropriate Student Assistant level based upon the nature of the work, level of assignment, and complexity of the work performed. The four Student Assistant levels have been previously mapped to staff titles based on these criteria. Look up the title that most closely fits the nature of the student's work and find the comparable Student Assistant level. If the nature of the student's work does not fit any of the titles that have been mapped, call Human Resources Compensation Unit (642-2799) for assistance.

What do I use for a job title?

Campus Jobs: Please use the appropriate Student Assistant series level title for all official paperwork purposes. (e.g.- use "Assistant I" rather than Clerk, "Assistant II" rather than Senior Clerk/Secretary, "Assistant III" rather than Resident Advisor). You can also use a working title to help advertise for the position opening and to describe the position to applicants if the working title is more descriptive of the work.

Work Study Jobs: In the case of a student continuing employment from a previous period, refer to the former working title. Use the "Assistant I, II, III, or IV" title that is appropriate. In the case of a new student, use the same working position title as was used when hiring students in previous similar employment. Again, find the appropriate "Assistant I, II, III, or IV" title at the above website.

What is the purpose of the Student Assistant series?

The Student Assistant series is intended to provide a simple mechanism for campus departments to employ students, considering the unique working conditions of students and their purpose and intent in relation to employment on the campus. It also allows the campus to more easily distinguish students from career and limited-term support staff, since the titles and title codes for students are not used by other staff employees; conversely, all students should be placed in these four titles and not in any other staff title.

The four-level Student Assistant series has broad salary ranges which are intended to give departments great flexibility in setting their student employees' salaries and minimizes the administrative burdens of student employment. The appointment type is "casual-restricted" which is used only for UC Berkeley students. "Casual-restricted" employees are not represented by a bargaining unit, but are covered by the Personnel Policies for Staff Members.

Chapter 2: Equal Employment Opportunity / Affirmative Action

Are employers expected to hire the less qualified over the more qualified to meet affirmative action goals?

Employers are not expected to establish any hiring practices that conflict with the principles of sound personnel management. No one should be hired unless there is a basis for believing the individual is the best-qualified candidate. In fact, affirmative action calls for the hiring of qualified people. "The goal of any affirmative action plan should be achievement of genuine equal employment opportunity for all qualified persons." (Code of Federal Regulations, Title 41, Part 60-3.17.4)

Is there really any difference between goals and quotas?

Yes. Quotas are rigid and exclusionary; they imply, "This is what you must achieve, no matter what." Goals are flexible and inclusive; they imply, "This is what we think you can achieve if you try your best." Goals are simply program objectives translated into numbers. They provide a target to strive for and a vehicle for measuring progress. The campus does not use quotas, but sets goals for those job groups where underutilization of minorities and women is identified.

Is affirmative action reverse discrimination?

No. Affirmative action policies provide equal opportunity to those groups which have been systematically denied it. Affirmative action is not the source of discrimination, but the vehicle for removing the effects of discrimination. A recent Labor Department report found fewer than 100 reverse discrimination cases among more than 3,000 discrimination cases between 1990 and 1994. Discrimination was established in only 6 of the 100 cases or .02% of the total number of discrimination cases in this period. The report found "many of the [reverse discrimination] cases were the result of a disappointed applicant...erroneously assuming that when a woman or person of color got the job, it was because of sex or race, not qualifications." (S.F. Chronicle, 3/31/95)

Haven't Proposition 209 and the Regents' Resolution SP-2 eliminated affirmative action?

No. As a federal contractor, and under the terms of SP-2 and Proposition 209, the University must comply with federal laws and regulations regarding affirmative action. The University must continue to develop and implement affirmative action plans that identify areas of underutilization of minorities and women. Hiring authorities should demonstrate good faith efforts to eliminate underutilization through actions such as target recruitment to underutilized groups.

Chapter 8: Around the Office

Should we charge the employee for a copy of the file?

You should not charge for the first copy of an employee's own record; a fee of 10 cents per page may be charged for additional copies (no charge for time spent locating or assembling the file).

Can employees request a correction or deletion of something in the file?

Employees may request correction or deletion of a record containing information about themselves. Policies and contracts specify method, time frame, and to whom requests should be addressed.

Where is the file located?

Normally in the Department Personnel Office or the supervisor's office.

Who can review personnel files?

The employee or designated representative, the employee's supervisor, a prospective hiring department, Employee Relations and Labor Relations staff and other UC offices with a specific need.

When can employees review their files?

As soon as is practical, but no longer than 30 days after making the request, as described in policy and contracts.

How is the file maintained?

Before you place any documentation in a personnel file, have a conversation with the employee. The employee should receive a copy of all material placed in the file.

What does not belong in the departmental personnel file?

Anything not directly related to the job, including pre-employment information, reference information, grievances, outside agency complaints, affirmative action/EEO data, credit reports, and garnishments. Workers' Compensation records stay in the file, but should be removed before a file is shown to a potential hiring department.

What belongs in the personnel file? (See Records Disposition Schedules Manual, contracts, and policies for required purge dates)

Job related items, including job descriptions, HCM Transaction Notices, where appropriate, and Emergency Data records; selection records, including application, resume, tests, and offer/acceptance letters; employee development records, including education updates, classes, degrees, and completed training; performance records, including performance appraisals, counseling memos, disciplinary letters, commendation letters, and Special Performance or Achievement Awards; separation records, including resignation letters, termination checklist, and exit interviews.

What is a personnel file?

A historical body of information on an employee from date of hire to present, maintained by the person's name or by some identifying number or symbol.

Chapter 16: Sexual Harassment

What happens when it's one person's word against another's?

These cases are the most difficult to resolve. A thorough investigation is critical.

What happens to employees found guilty of sexual harassment?

It depends on the seriousness of the incident. The appropriate corrective action may include a strong verbal warning, written warning, transfer, administrative leave, suspension, demotion, firing. Generally, you would take the same types of action taken for other forms of employee misconduct.

What conduct may not be sexual harassment?

  • A single unwelcome sexual comment or advance.
  • A supervisor who makes a few mild advances for a few minutes, stops, and apologizes with apparent embarrassment.
  • A small number of minor incidents is less likely to constitute actionable sexual harassment.

What are some examples of sexual harassment?

  • A supervisor makes sexually explicit comments and propositions the employee.
  • A female custodian is subjected to derogatory and vicious jokes, pornographic and demeaning cartoons, and naked photos with her name written on them, posted in public view.
  • A supervisor offers an employee a better job, extra help, or reclassification in return for sexual attention or threatens to take adverse action for refusing.
  • A coworker repeatedly asks an employee out on a date and makes sexually suggestive comments to the employee.

Chapter 21: Working with Union Representatives

May more than one union representative, or a union representative and an attorney, be present with one employee?

No. Normally only one representative is allowed in a meeting between you and the employee. Ask the employee to clarify for you which individual will be the representative before you schedule a meeting.

Who represents you as the supervisor?

In non-grievance meetings with one employee and a representative, your Employee Relations Consultant will be present to represent campus management interests. In grievance meetings, or in meetings with groups of employee and union representatives, a Labor Relations Specialist from Human Resources will represent the University.

Do you have to allow a union representative to be present whenever the employee wants one?

No. For example, a union representative is not appropriate in meetings to give work assignments, coaching sessions, or performance evaluation discussions. However, employees have a right to have a representative present if they reasonably believe that disciplinary action will result from a meeting.

HCM

This page is a list of all frequently asked questions for the HCM section. The questions are grouped into different categories. Please click on the appropriate topic to view questions and answers for that section.

Federal Definition of Applicant

How is race/ethnicity data currently gathered from applicants and employees?

At UC Berkeley, all applicants are asked to voluntarily provide their race/ethnicity and gender immediately after submitting their application online. Once hired, employees are asked to use the Demographic Data Transmittal Form to voluntarily provide their race/ethnicity, disability status, and veteran status. Race or ethnicity is not assigned or visually identified or recorded if an employee declines to state his or her race or ethnicity.

Why is race/ethnicity data currently gathered from applicants and employees?

The University of California uses race/ethnicity data in the statistical evaluation of employment and contracting policies to ensure compliance with its own employment policies and with federal and state regulations (including Proposition 209) regarding equal employment opportunity for all employees, including applicants. As a federal contractor, UC is further required to establish and maintain an affirmative action program that includes good faith efforts to ensure that women and minorities can compete for jobs on equal footing with other applicants and employees. Affirmative action programs require employers to collect data to identify and analyze potential problems in the participation and utilization of women and minorities in their work force.

How is race/ethnicity data from applicants and employees currently used?

In the recruitment and selection process, applicant race/ethnicity information is presented in an aggregated (summarized) format to help recruiters and hiring managers assess the total applicant pool and determine whether good faith efforts in inclusive outreach have been successful, given affirmative action recruitment goals. Recruiters and those involved in the selection do not have access to the race/ethnicity of individual applicants. Department staff involved in the selection and hiring process are not allowed to provide any preference to applicants on the basis of race, ethnicity, color, national origin, or sex, according to both state and federal compliance requirements.

Similarly, decisions about personnel actions for employees (including but not limited to salary increases, promotion, transfer, and termination) cannot be made on the basis of race, ethnicity, color, national origin, or sex. This data is confidential and used only for limited purposes. Affirmative action analysts in Human Resources use aggregated race/ethnicity information to monitor for possible discrimination in employment practices.

What are the consequences of not fulfilling the requirements of this regulation?

The Office of Federal Contracts and Compliance (OFCCP) monitors compliance of federal contractors and conducts audits. Penalties for non-compliance can range from fines after an on-site audit to loss of all federal contracts. OFCCP collected approximately $45 million for 14,761 American workers in fiscal year 2005.

Does the regulation apply to all recruiting, selections, and hiring at the University?

Yes, our status as a federal contractor and related obligations extend to all divisions and departments of the University of California, not just to the faculty and departments who receive federal contracts funding.

What is the Interview Data Form (IDF)? When should the IDF be completed? When will I be asked for the completed IDF?

The Interview Data Form (IDF) is the final step in the process of closing a recruitment. The IDF documents the interview process and demonstrates the legal basis for making your hiring decision, ensuring uniform review standards were applied to all candidates interviewed.

The hiring department is the office of record for the completed IDF. It is important to keep this document in an accessible place so that the IDF can be made available upon request; e.g., a request from an applicant who was interviewed. The IDF may also be used as documentation in official proceedings regarding employee complaints and grievances, in Unfair Labor Practice cases, EEOC/DFEH complaints, and other legal actions.

Why does this new regulation apply to the University of California, Berkeley?

As a federal contractor, the University of California is required to establish and maintain an affirmative action program that includes good faith efforts to ensure that women and minorities can compete for jobs on equal footing with other applicants and employees. Proposition 209, approved by the majority of Californians who voted in November 1996, banned the use of race, religion, sex, color, ethnicity, or national origin as criteria in its employment practices. However the proposition permits “action which must be taken to establish or maintain eligibility for any federal program, where ineligibility would result in loss of federal funds to the state.” Since the University of California is a federal contractor, it is required to maintain an affirmative action program to retain eligibility for federal funds.

What are the deselection reasons in TAM?

These deselection reasons are most likely to be used during the select for interview stage:

  • Minimally Qualified
  • Not Minimally Qualified
  • SPC-Not Minimally Qualified

These deselection reasons are most likely to be used during the interview, offer, and eligibility checking stages:

  • Accepted Another (non UCB) Job
  • Failed to Show Up at Interview
  • Ineligible - Employment Cond
  • Lacks Required Credentials
  • Minimally Qualified
  • Misrepresentation
  • Offer Rejected
  • Other Hired - Outstnding Cnd
  • Selected for Other UCB Position
  • SPC-Refused Offer
  • Unable to Contact
  • Withdrawn

These deselection reasons are applied by the system:

  • MinimallyQualified-OtherHired
  • Requisition Cancelled

What is the scope of the new regulation?

The regulation extends beyond just providing a new definition of applicant in the internet era. The regulation created new obligations for applicant tracking record-keeping, instructs employers when and how to consider employment tests, directs employers to document the use of resume databases, and statistical analysis of applicant flow data.

For more information, see OFCCP’s Internet Applicant FAQs and the new regulation.

How does our current business practice and processes for hiring managers and TAM originators meet the requirements?

Our staff recruitment processes and the TAM (Talent Acquisition Manager) system are set up to fulfill the applicant tracking requirements of the regulation.

We ask that hiring managers review their selection procedures and ensure that every applicant's status is recorded accurately and completely in the TAM system. This may require close coordination and communication with the departmental TAM originators. For example, the hiring manager should provide the originator with a list of all applicants with deselection reason after the applicants have been reviewed and interview candidates are selected so that the originator can update the deselection or interview status completely and on a timely basis.

Hiring managers are also reminded that they need to complete and sign the Interview Data Form (IDF), attach the required paperwork (published minimum qualifications for the job, selection criteria, and interview questions), and file. [Note: This will shift to an online Interview Evaluation section in TAM when that is completed. Information will be sent out when it is ready.]

Position Management

Where can I find more information about Position Management?

For more information regarding the Position Management Roster, FAQs, training, and support, please visit the Position Management website.

When adding a new position, should I create a new position or increase the headcount of an existing position?

The Position Management module in HCM includes functionality to manage and track positions in a new way. For instance, positions can have multiple headcount. That is, when multiple roles share the same position attributes, a department may choose to hire multiple people into the same position. This increases the position’s headcount. This can be an easier way to manage a large number of positions, by consolidating them into one row of data.

The multiple headcount method of adding a new position requires that every employee within the position must share an identical set of Position Data. If one employee in a multiple headcount position needs its Position Data edited, a new position must be created and the existing position's headcount must be lowered. To simplify position data changes, some departments will choose to maintain a single position for every job.

At conversion, all positions will be created at a 1:1 ratio. Every job in HCM and vacancy in PRT will receive its own position. The one exception is undergraduate students whose jobs will be converted as multiple headcount positions due to their similarity within departments and high turnover rates.

Ultimately, this is a decision each department can make – either as a general rule for all positions or as a specific decision for each position.

When funding for a position changes, do I update the Position Chartstring(s) or the Job Chartstring(s)?

The Position Chartfield is considered the on-going chartstring, while the Job Chartstring is the chartstring that PPS uses for payroll. CalPlanning is going to pull incumbent data (the Job Chartstring) for positions that are filled, and it will pull Position Data if the position is vacant. Therefore, while a position is filled, update the Job Chartstring with any funding updates.

Instances when a department may review or edit Position Chartstring(s):

  • When a position becomes vacant
  • When your department is preparing for a data pull into CalPlanning
  • When there has been a significant shift in funding from unrestricted funds to restricted funds (or vice versa) and it is an on-going funding change

Are there clear guidelines on entering without salary (WOS) positions?

Academic jobs do not look different in HCM Position Management from any other jobs. All jobs, including WOS jobs, will need positions before an employee can be hired.

Should vacant non-faculty academic positions be handled differently than other vacant positions? How often can departments review their position rosters and inactivate stale positions?

Vacant non-faculty academic positions do not need to be handled any differently than other vacant positions. Faculty positions will be inactivated at separation and will not be vacant.

The Central Budget Office (CBO) will review the University's rosters to audit faculty positions to ensure data integrity. While the CBO recommends that departments audit their non-faculty academic position data on a monthly basis, it will be up to the departments’ discretion to decide how to audit these position rosters and how to inactivate positions that are no longer necessary.

Can academic positions be vacant and reused or should they always be inactivated at separation?

Non-faculty positions, especially those with high turnover, like postdocs, researchers, specialists, and lecturers, can be left vacant at separation and will be reused. It is important to review the Position Data before hiring a new employee into the position to ensure all the data has not changed from one appointment to another.

Which academic positions would be possible candidates for multiple headcount?

Though Position Management enables multiple headcount on any position, due to other processes (like reclassification), it is best that certain academic positions are always managed with single headcount.

Faculty Always single headcount
Non-Faculty Academic It is at the department's discretion to decide which of these positions will be multiple headcount and which will remain single headcount. Please review the related FAQ for more information regarding making this decision.

CalPlanning will automatically pool some non-faculty academic positions in HCP for budgeting purposes. It is possible that a department will manage these positions as multiple headcount positions depending on the department's needs. This chart of these positions will be published in December.

Were future-dated positions and job data changes converted into Position Management on December 1st?

No, future-dated positions were not created automatically in the conversion. Some departments submitted future-dated positions during the Data Collection exercise, and these positions were manually created for the departments.

Will Positions ever get deleted or inactivated?

Positions will not be deleted in order to maintain a historic record. However, it is possible that a position will be inactivated as business needs change. A position in HCM can only be inactivated when no employee currently holds that position. As with position creation and approval, a general business process is currently being developed with Central Human Resources. The process can vary depending on the departmental business process.

How are new Positions approved and created?

The Position Management Team along with Central Human Resources documented the position approval and position creation processes. The Future State Position Management Process Workflow Map is available on the Position Management website. It is possible that the approval process will vary depending on your departmental business process.

Will I (or my staff) be able to hire a person without knowing the Position number?

No. All hires, with the exception of contingent workers/affiliates, must be linked to an HCM position. The main job page cannot be saved without a position number.

Is anything changing in Job Data in HCM, and thus potentially impacting how an employee is paid?

No. Besides populating the position number, no HCM Job Data will be changed as a result of implementing Position Management. Current edits that exist on the job will continue to exist. Additionally, the interface to PPS will NOT be impacted by the introduction of Position Management.

When can I create a position?

Positions should be created after they have been approved. Though one of the greatest benefits of Position Management is that it can retain and manage vacant positions, only vacant positions that are approved and intended to be filled should be active in HCM.

What actions in HCM will be impacted by Position Management?

Many Human Resources processes in HCM will be impacted by Position Management, though, in a minimal way. Departments will still use Job Data and Person Data as they have been using them. Similarly, processes for approving positions, creating a job post in TAM, and recruiting will remain mostly unchanged. However, processes like hiring a person into a position and reclassifying a position will now also include Position Data. Other processes that will be impacted include (and are not limited to):

  • Managing hires – Processing a new hire through TAM
  • Updating payroll funding
  • Add an Academic POI (Person of Interest) as an Employment Instance
  • Rehire a Former Employee
  • Transfer an employee into a department