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.
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 fy16, 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.
Chapter 1: Employment (Student Assistant Series)
Student employees who hold casual-restricted appointments are excluded from the provisions for limited appointments.
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.
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).
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.
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 email@example.com.
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.
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.
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.
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.
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)
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.
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.
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)
Chapter 8: Around the Office
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.
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).
Normally in the Department Personnel Office or the supervisor's office.
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.
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.
As soon as is practical, but no longer than 30 days after making the request, as described in policy and contracts.
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.
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.
Chapter 16: Sexual Harassment
These cases are the most difficult to resolve. A thorough investigation is critical.
- 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.
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.
- 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.
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.
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.
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.
HR will send a monthly list to them of all posted requisitions.
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.
Contact your Recruiter or Employment Services Manager for information regarding use of Executive Search firms.
- 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.
Temporary waiver requests may be sent to the Talent Acquisition and Employment Services unit by calling our First Contact team at (510) 664-9000.
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.
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.
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.
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.”
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.
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.
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.
Unfortunately, we can neither consolidate nor delete your accounts, please try to use only one account to better keep track of your submitted applications.
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 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.
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.
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.
- 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.
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.
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.
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.
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.
Required qualifications are the basic knowledge, skills, education and experience necessary for the position as defined in the specific job classification.
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.
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.
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.
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.
You must fill out a new application for each position you would like to be considered for.
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.
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.”
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.
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.
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.
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.
No, just fully complete the application. If you do have a resume you can cut and paste or upload it into the 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.
The near-term goal is to ensure that campuswide staffing costs are reduced by $50M (approximately 500 positions).
The following types of positions are excluded.
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).
GSIs and GSRs.
- Readers and Tutors or other routine seasonal large scale hires.
Recruitments for all limited appointment positions do require 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.
Requests for approval to hire should be sent to the Chancellor, EVCP, Vice Chancellor, Dean, CFO, or University Librarian, as appropriate, with compelling justification via the list of designated communicators. They will evaluate the justification and decide which requests to approve, and notify the hiring manager of their final decision.
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 communicator.
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.
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.
HR Partners should send contract appointment renewals back to the division if they have not been approved through the designated communicator for that specific division.
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 through the designated communicator 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.
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.
Does recruitment for temporary back-fill positions to support employees on a leave of absence require approval?
Recruitment for these positions do require approval.
Recruitment for these positions do not require approval.
Before the possibility of a sign-on bonus allowance may be discussed with candidates or recruiters, the use must be pre-approved by both the Chancellor and the Presidents executive office.
Only five payroll titles (Head Coach 5, Associate Head Coach/Coord 4, Assistant Coach 3, Assistant Coach 2, and Assistant Coach 1) can be provided with a signing/hiring bonus.
Relocation bonuses are no longer allowed (beyond the reimbursement for reasonable moving expenses and house hunting trips).
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.
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.
HR Employment Services.
HR Employment Services will contact the agencies.
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.
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.
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.
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
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.
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.
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.
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.
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.
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 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.
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
- Offer Rejected
- Other Hired - Outstnding Cnd
- Selected for Other UCB Position
- SPC-Refused Offer
- Unable to Contact
These deselection reasons are applied by the system:
- Requisition Cancelled
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.
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.]
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
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.
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.
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.
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.
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.
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.
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.
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.
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
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
- 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
- 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.
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.
- 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
- Check with your supervisor
- If you know your title code you can use the Title Code System (TCS) Web Inquiry tool to determine whether you are exempt or nonexempt.
No. All nonexempt employees will be making the switch to biweekly pay. For union-represented employees, the change is subject to collective bargaining.
- 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.
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
Cyber Security Awareness Training
All active employees on payroll at all UC campuses and Medical Centers are required to take the training.
When I start the training I get the following: "You have completed the Learning Activity. Click Restart to start the activity again" What should I do?
The 2018 refresher training for Cyber Security Awareness is a 35 minute e-course. This same e-course was previously launched in 2017 to UCB employees.
Due to the course being the same e-course, some users will get a note stating: "You have completed the Learning Activity. Click Restart to start the activity again."
This note is correct, as users who access the refresher course in 2018, will likely have completed it in 2017.
The requirement for Cyber Security Awareness training is a 55 minute full course, assigned and to be completed upon hire. Every following year, employees will be required to take the refresher course 365 days after their previous completion.
If you have any questions about where you stand in terms of compliance, go to the Required Training button located in the UC Learning Center.
If you completed the SANS cyber security training on campus within the past year, then you will be exempted from this training and notified by email when your certification is expired. If you believe that you should be exempted and haven’t received an email, please contact firstname.lastname@example.org
Non-computer users are exempted from the training. If an employee has absolutely no computer contact, then the manager may make a request for this exemption by sending name(s) to email@example.com
Yes, a Spanish-language version is in the works and will be offered. The timing of the release of the Spanish-language version is not yet final.
Yes, annual retraining is required and the course may change for next year. However, whether that happens or not, the expectation is that retraining is required.
Who do I contact regarding any questions or concerns on information security or access to the training?
You can contact Campus Shared Services Helpdesk by one of the three following methods:
Telephone: (510) 664-9000, option 1
Create a service ticket: https://shared-services-help.berkeley.edu/new_ticket/it
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).
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.
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."
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.
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.
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.
Disability Status Self-Reporting
UC Berkeley is a federal government contractor and is legally obligated to comply with a number of requirements and regulations. The information collected is used for statistical reporting to the federal government, accreditation bodies and grant-awarding agencies, as well as for internal benchmarking and review.
The disability data is considered confidential employee information. It is maintained by the Staff Equal Employment Opportunity (EEO) Compliance unit in Central Human Resources. Your name and employee number is removed when used for reporting purposes.
Each year the University is required to conduct various analyses of its workforce as part of its Affirmative Action Plans. The information being requested is critical to these analyses.
The invitation to self-identify your disability status is voluntary, and every employee has the option of choosing the "I DO NOT WISH TO ANSWER" option. Selecting this option will not affect your employment status.
The disability information you provide is confidential and will not be used as the basis for any employment decision affecting you.
Employee Initiated Reduction In Time (ERIT) Program
PDF version of this FAQ list can be found at http://hr.berkeley.edu/sites/default/files/erit_faq_2014-2017_renewal_6-...
The ERIT program allows eligible employees to voluntarily reduce their appointment percentage and corresponding pay for a specified period of time.
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.
The cost savings will be retained by the departments of the employees who 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.
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%.
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.
ERIT participants should review their assigned workloads with their supervisors to work out a corresponding reduction in workload or assignments.
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.
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.
No, you will continue to accrue vacation and sick leave at your pre-ERIT appointment percentage.
Under ERIT, you will receive holiday pay in proportion to your reduced time, in accordance with the applicable personnel policy or collective bargaining agreement.
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.
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.
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.
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.
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.
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.
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.
The ERIT program will be sunsetting June 30th due to the low number of staff participating in the program as well as the complexity of administering the program.
Effective July 1, 2017 your vacation and sick accrual will be accrued based on your FTE.
The supervisor should work with HR to ensure the reduction in time policy is followed. Any agreement that allows an employee to voluntarily reduce their percentage of time worked should be documented and the agreement placed in the employee’s personnel file. The agreement should include the agreed upon work schedule percentage and the length of time the agreement will be in place. It should also note that the department may end the agreement at any time based on business need. If the employee’s pay schedule is impacted by the DOL FLSA salary threshold, that should also be noted. Please contact HR with any questions.
Since the ERIT program is ending June 30th, your FTE will automatically be returned back to your pre-ERIT FTE. Effective July 2017 you should start working your pre-ERIT work schedule. If your ERIT contract ends prior to June 30, 2017 no further action is necessary.
The employee should notify the supervisor that they would like to voluntarily reduce their percentage of time and follow up the request with an email. The supervisor will assess the request, based on the needs of the business, and determine whether the request can be granted. If your supervisor determines the request can be granted they will work with HR to ensure the reduction in time policy is followed and the appropriate documentation occur.
No. Your accruals (sick leave, vacation leave, seniority, retirement) will be based on the percent of time you work.
Yes. For example, an employee may want to reduce their time from 80% to 50% during the months of July through December. They would make the request with their supervisor and follow up with an email. The supervisor will determine if the request can be granted based on the needs of the business. If the request cannot be granted the supervisor will notify the employee verbally and in writing.
Yes. The supervisor will assess the request, based on the needs of the business, and determine whether the request can be granted. Note: Once the supervisor grants the request to reduce the percentage of time on a permanent basis, the approval may be rescinded at any time based on the needs of the business.
You may make the request to increase your percentage of time with your supervisor who will determine if the request can be granted.
No. If a career employee’s time is involuntarily reduced it is considered a layoff, and the employee is entitled to layoff rights.
Flexible Work Arrangements: Myth/Reality
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).
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."
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 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.
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.
- 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.
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.
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.)
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.
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.
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:
- The circumstances have changed (e.g., the employee is absent more
frequently than the certification indicated); or
- The University obtains information casting doubt upon the stated
reasons for the absence.
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 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."
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
Grandparents, grandchildren, in-laws or other persons that are not related but are residing in the employee’s household are not covered by FML.
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.
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.
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.
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.
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.
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:
- to ensure that the employee gets the benefit and protection of the law
- to establish that we have complied with our notice and designation obligations
- 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
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 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.
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 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.
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.
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.
Under FMLA and CFRA, an eligible employee is entitled to 12 workweeks of family and medical leave during a 12-month period. How do you determine the 12-month period?
The 12-month period is a calendar year, January – December.
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.]
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.
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.
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.
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 from the date the leave is finally designated.
Information for Employees: Employment Rights
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Information for Employees: Benefits
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.
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.
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 (firstname.lastname@example.org 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.
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:
- Go to the EDD website.
- Click on Forms & Publications in the left column under General Information.
- Find Unemployment Insurance Publications and click on Forms and Publications in this section.
- Scroll down to the DE2320 publication, For Your Benefit-California's Programs for the Unemployed, available in English, Spanish, Chinese, and Vietnamese.
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.
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.
"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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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:
- Navigate to Workforce Administration > Job DataBring up the employee's record.
- 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.)
- Click on the Employment Data link at the bottom of the page.
- In the Mandatory Reporting Signature Date field, enter the appropriate date.
- Click the Save button.
- Place the form in the employee’s personnel file.
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.
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.
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.
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.
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.
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.
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:
- Navigate to Job Details > Job Descriptions
- Click on Description Type Mandated Reporter > Description ID Mandated Reporter
- Click on the OK button
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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
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.
Salary Program FY18
Staff covered by Personnel Policies for Staff Members (PPSM) policy:
- Career positions: Individuals appointed to career positions in grades 15-30 covered by PPSM policy on or before January 3, 2017 are eligible regardless of funding source.
- Contract positions: Individuals on employment contracts may be eligible and are handled on a case-by-case basis. If an increase is provided to an individual on contract, the unit will need to (a) provide funding for those who will receive an increase, (b) update the contract with the new salary amount, and (c) enter the increase into the HCM system by 9/23/27.
- Individuals must be a) appointed to a PPSM position on or before January 3, 2017, (b) in a PPSM position on July 1, 2017, and (c) must remain on payroll in an eligible position and appointment on the date that the pay increase is paid.
a. Individuals who were hired after January 3, 2017,
b. Individuals whose current salary exceeds the new salary range maximum,
c. Individuals who separate from employment on or before the payout date,
d. Manager 4 level employees,
e. Rehired retirees,
f. Athletic positions covered by contracts that contain performance bonuses, and
g. Employees covered by collective bargaining agreements. Represented employees’ compensation is covered by their respective labor agreements. Human Resources will communicate any compensation changes for employees covered by collective bargaining as the contracts are finalized.
The retroactive effective date for merit increases is 7/1/17 for monthly paid employees, and 6/18/17 for bi-weekly paid employees.
Employees paid monthly will see the merit increase in their paycheck on 11/1/17 and those on a bi-weekly schedule will see the merit increase in their 10/18/17 paycheck.
Both monthly paid and bi-weekly paid employees will receive retroactive payments on their 11/1/17 paycheck.
An employee’s salary increase will be based on 3 factors:
- Merit – a pay for performance approach based on the employee’s performance rating.
- Internal equity - the employee’s salary relative to the campus-wide average salary for the employee’s job title.
- External market - the employee’s salary relative to the midpoint of the salary range for their grade (which is based on market data).
Salary increases for PPSM Supervisors and Managers are contingent on:
- Completion of mandatory Sexual Violence and Sexual Harassment prevention training by all subordinate staff (non-represented and represented) in their unit, confirmed by the VCs and Deans, or designees by 7/21/17. (Managers can check the status of their employees training and completion progress through this link)
- Completion of written performance reviews for all subordinate non-represented staff in their unit by 8/31/17, confirmed by the VCs and Deans, or designees.
Salary increases for individual contributors (non-manager/supervisor staff) are contingent on completion of mandatory Sexual Violence and Sexual Harassment prevention training 7/21/17.
What happens if the required Sexual Violence and Sexual Harassment prevention training and/or performance reviews are not completed?
If completion of the required training and/or performance reviews does not occur, salary 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).
When does completion of the required Sexual Violence and Sexual Harassment prevention training need to occur?
The training must be completed by 7/21/17.
Since the performance review period concludes at the end of the fiscal year, managers are provided time to develop performance reviews. Salary increases will be retroactively effective on 7/1/17 at the beginning of the fiscal year.
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. Managers must complete written performance reviews for all subordinate non-represented staff in their unit by 8/31/17, confirmed by the VCs and Deans, or designees to receive a salary increase. Salary 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.
Managers should inform their staff about their salary increases by October 15th. Employees paid monthly will see the increase in their paycheck on 11/1/17 and those on a bi-weekly schedule will see the salary increase in their 10/18/17 paycheck.
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 salary increases and one-time bonuses. Performance, internal, and external equity will drive those decisions. Percentages will vary. Berkeley provides salary increases and salary increases which reflect the increased value of the employee’s contributions to the organization rather than cost of living increases.
The funding for this program comes from campus budgets. The Berkeley campus receives no additional funding from UCOP to support any of these increases. Units were advised as they were planning for their FY18 budgets to include 3% for an anticipated non-represented salary program.
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 9%.
- 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 each year. It isn’t something we think we can resolve in one year but we feel we’re taking steps in the right direction.
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.
* A compa-ratio is the employee’s salary relative to their salary grade midpoint (an employee whose salary is equal to their grade midpoint has a 100% compa-ratio)
Note: These are recommended % increases only (based on a 3.0% salary program)
How do I explain why an employee with a 4 rating in the 4th quartile has a salary increase range of 1.5 - 2.5% and another employee with a 3 rating in the 1st quartile has a higher increase range of 3.0 - 4.0%?
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.
The guidelines state that salary 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 8/31/17, 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).
Berkeley’s salary ranges will be adjusted by 2.5% effective July 1, 2017.
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 2017-18 salary program?
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.
What’s the expectation for employees funded by grants or other restricted fund sources? Will they receive increases?
Employees are eligible to receive the increase regardless of fund source.
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?
PPSM Policy 30 stipulates that system-wide salary program salary increases are 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 3, 2017 to our campus, are they eligible to receive a salary 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 on or before January 3th (HIRE). Please send the employee’s name and the name of the previous UC location to Compensation Operations Manager Scott Dinkelspiel (email@example.com) 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.
No. Once a career employee drops below a .50 FTE, their appointment status changes to Limited.
If the stipend was implemented as a percentage of base pay, the stipend should increase when the base salary increases. The HCM system will not automatically update the stipend when the salary increase is uploaded. Home departments will need to adjust the stipend amount after the salary increases are uploaded to the system. If the stipend was implemented as a flat dollar amount, the stipend amount should not change.
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, 2016 to June 30, 2017, 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.
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, 2016 – June 30, 2017) 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.
The first of the month following receipt of all necessary documentation to the Compensation department in central Human Resources
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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
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
Employees with an appointment type 2 (Career) and appointment type 7 (Partial-Year Career) are considered a "career" employee.
Yes, if the total number of hours worked in the prior 12 months is 1,000 hours or more.
Is an employee in a career appointment who is on probation eligible to be considered for the Step increase?
No, this is only for non-probationary career employees.
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.
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.
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.
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 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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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:
- 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
- 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.
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:
- 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;
- Continues over an extended period of time (including recurring episodes of a single underlying condition); and
- 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).
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.
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.
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
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.
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.
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.
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.
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.
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).
Can departments, divisions, or colleges supplement the Achievement Award or $500 Spot Award amounts with additional funds if they are available?
The award funds may not be supplemented by department, division or college funds.
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.
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.
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.
Fair Wage Fair Work
All supervisors/managers of non-student employee(s) affected by the UC Fair Wage/Fair Work plan will receive an email with an attached letter for their employee(s). The supervisor/manager should review the letter and discuss the increase with their direct report(s).
No, because the UC Fair Wage/Fair Work plan does not affect over a 200 employee population, the increased hourly rates will be a manual process that Central HR will coordinate with CSS HCM Data team to update in the system.
The plan will take effect beginning October, and minimum hourly pay will increase in phases as follows:
- at least $13/hour beginning October 1, 2015
- at least $14/hour beginning October 1, 2016
- at least $15/hour beginning October 1, 2017
The relevant criteria used for the implementation of the Fair Wage/Fair Work minimum wage plan are:
- Type of appointment; and
- Percentage of appointment (50% or greater).
Policy covered employees with a 50% or greater appointment in the following appointment types are eligible:
- Career or partial year career
- Per Diem
The following are not eligible for the Fair Wage/Fair Work minimum wage:
- Casual restricted appointments
- Appointments that are less than 50%
What if an employee holds multiple appointments that add up to 50% or greater but none of appointments individually is 50% or greater?
Each appointment should be evaluated and viewed separately against the eligibility criteria – type of appointment and percentage of appointment. Appointments will not be added together to achieve the threshold of 50% or greater.
Appointment percentage should be set and reviewed on an annual basis. The appointment percentage should be predictive of the hours that an employee will work on average. This means it will be important to set an accurate percentage even for variable appointments. It will make the difference as to whether an employee qualifies for the Fair Wage/Fair Work Minimum Wage.
No, employees who are paid a salary or flat payment are not eligible for the plan.
No, each campus is deploying their funding and implementation plans to meet the President’s schedule locally. This was discussed with the Chancellors as an agreed upon approach.
No, the University has no plans to open existing labor contracts with regards to these issues. For employees covered by collective bargaining agreement; the University will provide notice to the applicable union and adjust pay to the Fair Wage/Fair Work Minimum Wage based on the eligibility criteria.
No, tips are not included in the calculation to determine hourly rates.
PPSM Pay Matters
Will new hires covered by the PPSM program be eligible for merit increases during their probationary periods?
Yes, if they are otherwise eligible.
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%.
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."
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.
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.)
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.
Actions taken for employees represented by bargaining units must still be in accordance with the contract language covering the situation.
More than 25%, i.e., 25.1% or higher.
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.)
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.)
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.
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.
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.
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.
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.
Employees will be able to apply from 8am November 4, 2016 to 5pm November 15, 2016.
The payout of vacation will be subject to the W-4 withholdings that you have set up at the time that you receive payment.
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:
Fax: (510) 642-2888
Drop-off at location: Central HR, University Hall, 2199 Addison St, Suite 192, Berkeley CA
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.
Your requested vacation will be paid on December 1, 2016.
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.
Human Resources will only approve the payout for the vacation that you have currently accrued and recorded in the Campus Payroll system.
Your first biweekly pay date will be December 14, 2016.
No. For curtailment you will be able to use vacation leave before it is accrued.
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.
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.
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 $11 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.
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.
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.
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.
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.
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.
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.
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.
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.
Your local payroll office can provide you with the 2016 and 2017 biweekly payroll schedule calendars.
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.
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).
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.
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.
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.
The UC mandatory retirement contributions, University of California Retirement Plan and the Defined Contribution Plan, are taken each biweekly payday.
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.
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.
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).
Supervisors are responsible for submitting form to ServiceNow.
Are employees on Family Medical Leave (FMLA) and/or Pregnancy Disability Leave (PDL) subject to a change in FLSA status due to a percentage time change?
Exempt employees covered by the Family Medical Leave Act (FMLA) and Pregnancy Disability Leave (PDL) are exempt from the new FLSA threshold rate and do not need to be changed to nonexempt.
Is an employee who returns to work on a part-time basis, as a result of being on a partial workers compensation leave, subject to a change in FLSA status?
No, these situations are treated as a temporary reduction in time and are exempt from the FLSA threshold rate and do not need to be changed to nonexempt.
Are employees who are not covered by Family Medical Leave Act (FMLA) subject to a change in FLSA status if they request a reduction in work schedule?
Exempt employees, not covered by the Family Medical Leave Act (FMLA), who requests an on-going reduction in work schedule under ADA that puts the earnings below the FLSA threshold rate are not exempt from the new FLSA threshold and should be changed to nonexempt or their part-time work schedule should be adjusted to bring them above the FLSA threshold rate, if possible.
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.
Yes. Employees may be re-assigned, depending upon the operational needs of the campus.
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.
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).
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.
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
Payments will be made as regularly scheduled unless the disaster requires a change.
If the direct deposit system is available, staff will continue to be paid in that manner.
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.
Normal dates will be adhered to unless the disaster requires changing the dates.
Employees will be paid on the next regular pay day.
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.
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
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.
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.
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.
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.
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.
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.
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.
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 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 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.
- 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.
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.
No, under the law the fees will be automatically deducted like taxes and Social Security.
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.
All University employees covered by a collective bargaining agreement who are not currently paying union dues are required to pay 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 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 (firstname.lastname@example.org) can assist.
All wage issues will be subject to the collective bargaining process.
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.
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.
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.
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.
No, if your position is included in the bargaining unit, you may – and should – vote.
Under current PERB case law, authorization cards cannot be revoked.
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:
- "No Representation" – this means you DO NOT WANT unionization
- 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.
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.
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.
An authorization card is a document giving your permission for the union to represent you and requires your signature.
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.
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.
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.
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.
Employee and Labor Relations
This could be either Public Affairs or Employee Relations, depending on the question.
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.
No, volunteers cannot be paid. The receipt of money for services performed would render these individuals “employees.”
No, we cannot pay volunteers, but we can hire them as employees.
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.
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.
The decision to grant administrative leave with pay rests with the Chancellor.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
On a monthly basis, we review completions, and you will then receive your People Management Certificate by campus mail. The UC Learning Center maintains your permanent learning record, and it also gives you the option of printing individual certificates for each of the courses you complete.
I have already completed some of the courses required for the certificate. Can I get credit for them?
If you have already taken any qualifying courses in the past three years, they will be accepted as part of the certificate. We believe a 3-year “look back” is reasonable. Going back any further is not recommended as we continually update our course materials due to the changing nature of the workforce and the evolution of employment policies. Including past qualifying courses taken, you have a three year window in which to complete the UC People Management Certificate.
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 email@example.com
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.
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
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
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.
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.
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.
You can check and comment on as many as you choose!
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.
This has not changed. You may continue to use feedback from others just as you have in the past.
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.
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
- 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.
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.
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.
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, Staff Learning and Development offers training for work teams upon request. Check out our Training resources for more information.
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.
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.
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%)
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.
Goals should cover the broad areas of responsibility for a particular role, written as outcomes or results.
Performance Review Form
Yes, you can save a review by clicking “Save Changes” at the bottom of the online form. The system is designed to let you save drafts and changes as needed.
Will the performance evaluation form have a prompt that reminds the supervisor to enter at least one professional development goal?
Yes, the 1st goal in the “Next Year’s Goals” section.
Does a group or manager need to use the self-evaluation form within the system or can a group use their own?
The self-assessment (review) is an opportunity to create two way communication around performance. This supports a performance based culture, while not required we strongly encourage managers to incorporate the self-assessment in their performance management process. The self-review found in the tool becomes a part of the employee’s record on file.
While it’s technically possible for managers and groups to conduct constructive conversations outside the on-line performance management tool, we strongly encourage incorporating use of the tool as it’s specifically designed to capture and support meaningful two-way conversations around performance management.
Since the process is HCM based, designees are not allowed.
Yes, you can assign the second level review to yourself. You would then approve it as both signatories (two steps).
The reviewer will open access to the employee in order for them to complete their self-assessment.
You may change the rating at any time prior to the cycle ending. However, making changes after the 2nd level approver signs, will require having to go through the process of getting their signature after the change is made.
Will the supervisor and next level manager have access to the completed form even after the employee signs off? What about six months after the process is completed?
Yes, as view only. The form will be available as view only for the entire fiscal year.
My department uses a committee review to ensure consistency in ratings. How will the committee access the reviews?
Only the supervisor, employee and second level manager have access to the electronic forms. Reviews can be printed for this purpose.
The document can be reverted to edit state at any time in the process up to the employee signature - it will remove the signatures from the form, and the signature steps will need to be repeated after the changes have been made. After the employee signs, the form can only be opened for editing through a manual process - contact firstname.lastname@example.org
Will the employee be able to access the completed performance evaluation online and can I view or edit what I wrote last year?
Yes, the employee will have access to the completed review through their dashboard. FY16 reviews remain on your dashboard, and can be viewed. If you are new to supervising an individual, their past year’s review can be sourced from CSS-HR.
How long will the form be available after it’s finalized, and will it be available throughout the year for probation period evaluation?
The FY17 reviews will remain accessible (view only) on your dashboard throughout FY18. And, yes, the tool will remain open throughout FY18 for probation period reviews.
The expectation is that contract employees are included in the performance management process. They are eligible for salary increases; therefore, they must have an evaluation rating them as “Meets, Exceeds, Significantly Exceeds.”
Do I need to include a union representative in my meeting with my employee if the employee requests it?
Remind the employee that this is not a disciplinary conversation. If they still insist, please contact your HR Business Partner.
Constructive feedback is increasingly important throughout the year but especially in the annual review. Performance Reviews that are not completed on time default to a satisfactory rating, and an appropriate increase may be inline.
How are HR managers and Business Partners alerted to performance issues? And will they have access to my performance evaluations?
If an employee is rated as “needs improvement” or “unacceptable,” the manager will need to notify the HR Business Partner. The manager will need to provide a copy of the reviews to the HR Business Partner. Currently HR Business Partners do not have access to view performance evaluation.
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 email@example.com.
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.
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.
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.
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.
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.
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.
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.
The five principles are:
- We include and excel, together
- We imagine and innovate
- We simplify
- We are accountable to each other
- We focus on service