Frequently Asked Questions - Compensation

Compensation

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

Salary Program FY20

Who’s eligible for a salary increase?

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 2, 2019 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 UCPath system by 10/10/19.

Individuals must be a) appointed to a PPSM position on or before January 2, 2019, (b) in a PPSM position on July 1, 2019, and (c) must remain on payroll in an eligible position and appointment on the date that the pay increase is paid.

Excluded:

a. Individuals who were hired after January 2, 2019,

b. Individuals whose current salary exceeds the new salary range maximum,

c. Individuals who separate from employment on or before the payout date,

d. Rehired retirees,

e. Athletic positions covered by contracts that contain performance bonuses, and

f. 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.

What is the effective date of the merit increase and when will I see it in my paycheck?

The retroactive effective date for merit increases is 7/1/19 for monthly paid employees and 6/30/19 for bi-weekly paid employees. Bi-weekly paid employees will see the merit increase and the retroactive payments reflected in the October 30, 2019 paycheck and monthly paid employees will see the merit increase and the retroactive payments in the November 1, 2019 paycheck.

How is an employee’s salary increase determined?

An employee’s salary increase will be based on a pay for performance approach based on the employee’s performance rating.

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

Salary increases for PPSM Supervisors and Managers are contingent on:

Completion of mandatory (1) Sexual Violence and Sexual Harassment prevention training by all subordinate staff (non-represented) in their unit, (2) Ethics Compliance training, and (3) Cyber Security training confirmed by the VCs and Deans, or designees by 7/31/19. Managers can check the status of their direct reports at: https://hr.berkeley.edu/sites/default/files/how_to_view_an_individuals_report.pdf)
Completion of written performance reviews for all subordinate non-represented staff in their unit by 8/31/19, confirmed by the VCs and Deans, or designees.

What are the requirements for individual contributors to receive salary increases?

Salary increases for individual contributors (non-manager/supervisor staff) are contingent on completion of mandatory (1) Sexual Violence and Sexual Harassment prevention training, (2) Ethics Compliance training, and (3) Cyber Security training.

What happens if the required Sexual Violence and Sexual Harassment prevention training, or the Ethics Compliance training, or the Cyber Security training and/or performance reviews are not completed?

If completion of the required trainings 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 three required trainings need to occur?

The training must be completed by 7/31/19.

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

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 7/1/19 for monthly paid and 6/30/19 for biweekly paid 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 8/31/19, 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.

When and how will the decisions be communicated to staff?

Managers should inform their staff about their salary increases by mid-October. Bi-weekly paid employees will see the merit increase and the retroactive payments reflected in the October 30, 2019 paycheck. Monthly paid employees will see the merit increase and the retroactive payments in the November 1, 2019 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. Performance 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.

How is this being funded?

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 FY20 budgets to include 3% for an anticipated non-represented salary program.

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

Performance Rating	1 - Unsatisfactory	2 – Needs Improvement	3 – Meets Expectations	4 – Exceeds Expectations	5 - Exceptional
Increase Percentage	0%	0%	2% - 3%	3% - 4.5%	4.5% - 6.0%

Note: These are recommended % increases only (based on a 3.0% salary program)

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 8/31/19, your merit increase will be delayed until the 1st of the month following completion of the missing review(s). This delay affects only your merit. Merits for your own manager and for your subordinate managers are not affected (assuming they have each completed all of their own required reviews).

Will the Berkeley campus salary ranges be adjusted?

Berkeley’s salary range midpoints will be adjusted for FY20 by approximately 5.4%

Who is considered a “Career” employee?

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

An employee is promoted or reclassified from a represented position into a non-represented PPSM position, and received a promotional/reclassification salary increase. Is this employee still eligible to participate in this 2019-20 salary program?

An employee is promoted or reclassified from a represented position (covered by policies contained in the bargaining unit contract) into a non-represented PPSM position on or after January 2, 2019, and received a promotional/reclassification salary increase. Is this employee still eligible to participate in this 2019-20 salary program?

No, eligibility is limited to non-represented, career staff covered by PPSM on or before January 2, 2019.

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

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

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

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

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.

If an employee transferred from another UC location after January 2, 2019 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 2nd (HIRE). Please send the employee’s name and the name of the previous UC location to Compensation Operations Manager Scott Dinkelspiel (scottd3@berkeley.edu) for validation that the employee did not receive a salary increase when moving to the Berkeley campus. Departments will be notified regarding the update process once the eligibility validation has been completed.

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

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

How does the salary increase affect an administrative stipend?

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.

Are employees on leave status eligible?

Yes, assuming they meet all other eligibility criteria.

An employee recently transferred to my department. With the performance evaluation period being July 1, 2018 to June 30, 2019, how do I conduct a performance evaluation?

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

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

PPSM requires that all non-represented staff have an annual performance evaluation. Employees who do not have a written, documented performance evaluation during the past twelve months (July 1, 2018 – June 30, 2019) 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.

Classification

When is a reclassification effective, if approved?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Supervisory and Managerial category describes positions that exercise independent judgment in determining the distribution of work of at least 2 FTEs. They also 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. If the customized job content provided by the manager for custom scope, key responsibilities, problem solving and supervision (including organizational chart) does not support the definition of a supervisor or manager job standard, the position will subsequently be approved for a professional job title. Professionals may achieve and be responsible for many of the same functional responsibilities as a manager or supervisor, but achieve results through their own, personally-performed duties, rather than through the efforts of direct reports.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A job description for review should provide a sentence or two for each applicable key responsibility to explain or customize that responsibility for an individual position. Also, bullet points that expand using examples on specific responsibilities for the incumbent are helpful. We also ask for 2 -3 examples for each of the problem solving sections. The problem solving examples should support the decisions expected of the category and level. For examples:

Professional 4: decision making examples aligned with a technical leader demonstrating specialized expertise and resolution of unique issues.
Manager 3: managerial decisions demonstrating oversight of subordinate organizations through different levels of managers, supervisors, and professionals.

See Categories and Levels for definitions of the job levels.

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

Merit Roster Processing

Eligibility

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

Range Adjustment:

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

Step Increase for eligible, career employees in CX and SX

ELIGIBILITY – CX

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

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

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

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

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

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

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

What determines the step increase?

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

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

ELIGIBILITY – SX

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

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

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

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

Who is considered a "Career" employee?

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

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

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

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.

Are employees on leave status eligible?

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

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

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

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.

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

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

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.

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

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

How is eligibility determined for academic appointees?

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

Who is considered a "family member"?

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

Who is considered a Health Care Provider/Practitioner?

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

What is a "serious health condition"?

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

Hospital Care

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

Absence Plus Treatment

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

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.

Pregnancy

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

Chronic Conditions Requiring Treatment

A chronic condition which:

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).

Performance Ratings/Appraisals

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

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

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

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

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

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

Other

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

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

Fair Wage Fair Work

Will my affected employee(s) be receiving a communication notifying them of this increase?

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).

When will the new plan take effect for UC employees?

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

What is the eligibility criteria used for the Fair Wage/Fair Work Minimum Wage Plan?

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).

What appointment types are eligible?

Policy covered employees with a 50% or greater appointment in the following appointment types are eligible:

Career or partial year career
Contract
Limited
Floater
Per Diem

What appointments are NOT eligible for the Fair Wage/Fair Work Minimum Wage Plan?

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.

How is percentage of appointment determined?

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.

Are employees who earn a salary or other flat payments eligible?

No, employees who are paid a salary or flat payment are not eligible for the plan.

Will there be a budget allocation from UCOP to cover the costs?

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.

Will Fair Wage/Fair Work apply to current labor contracts?

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.

Can tips be included in determining hourly rate?

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.

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

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

How are temporary assignments addressed under the PPSM program?

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

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

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

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

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

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

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

Salary Setting

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

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

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

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

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 their control 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.)

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

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

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

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

What is a lateral transfer?

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

FLSA

FLSA General

Why is a student employee unable to access CalTime, or submit time through CalTime since picking up a Reader/Tutor/GSI/GSR appointment?

CalTime is currently not designed to permit Exempt employees to report hours worked nor designed to import Reader/Tutor/GSI/GSR appointments. The student will need to submit time via a manual timesheet that the assigned HR or timekeeper contact can provide to them.

What do I have to record on a manual timesheet?

Exempt monthly paid employees only record full shifts missed as leave without pay. Exempt monthly paid employees do not record hours worked. Non-exempt employees record all time worked and all time taken off in fifteen minutes increments.

Can students or employees no longer hold multiple part-time positions if the FLSA and pay schedules are different?

Students and part-time employees can continue to hold multiple part-time positions for which they are qualified as long as the FLSA and pay schedules are reviewed and adjusted to one FLSA of either Exempt or Non-exempt, along with one pay schedule of either monthly or bi-weekly, as determined by the FLSA exemption. The HR or AP Partners consult with the hiring manager about the FLSA status along with pay schedule. In some instances, a department may not be able to adjust the FLSA for a position with variable hours from Non-exempt to fixed appointment percentage of Exempt status, in which case the hiring manager and student should have a discussion of whether or not the student would want to continue in the Non-exempt position, or choose to work in the Exempt position. Students and supervisors should discuss the student’s work schedule availability, along with the department’s staffing needs prior to the job being offered to avoid any confusion with FLSA and pay schedule conflict.

Why are some Student Assistants now paid monthly instead of bi-weekly, and why do they need to submit monthly timesheets instead of being able to use CalTime?

With the transition to UCPath, employees and students have to be paid on one pay schedule, either monthly or bi-weekly. In addition to this, the Fair Labor Standards Act (FLSA), requires that employees can only have one FLSA status with an employer, either Exempt (salaried), or Non-exempt (hourly, eligible for overtime). In determining a FLSA exemption, HR staff have to review the duration and percentage of appointment during the semester, along with the duties of the positions to determine the appropriate FLSA exemption. If the primary position held by a student is that of an Exempt GSI, Reader, or Tutor, and paid monthly, then in most cases, any additional positions the student picks up will also need to be set up to be paid monthly Exempt, and the student will need to submit a manual timesheet for the Student Assistant position. Currently, CalTime is not configured to record hours for Student Assistant positions if the student also holds a position in a graduate student title.

Can a Tutor at the Athletic Study Center or at the Student Study Center, pick up a Student Assistant position and still remain on bi-weekly payroll?

If a Tutor at the above Centers are currently being paid as bi-weekly, Exempt employees, then in most instances any additional Student Assistant position they pick up will need to also be set up as a bi-weekly, Exempt hourly position. The student will need to submit a manual timesheet in order to be paid. All time worked will need to be submitted on the timesheet in hours. Additional information about submitting hours worked will be shared once the campus or UCPath has developed another solution.

Where can I find the biweekly pay schedule?

https://controller.berkeley.edu/sites/default/files/employee_paydate_calendar_2019.pdf

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 request an on-going reduction in work schedule under ADA that puts their 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.

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

The federal Fair Labor Standards Act (FLSA) regulates whether an employee is overtime-eligible (“non-exempt”) or overtime-exempt (“exempt”). Most employees covered by the FLSA must be paid at least the minimum wage and premium pay for any hours they work beyond 40 in a workweek. As of January 1, 2023, the minimum wage for California is $15.50 per hour. Some localities, including Berkeley, have adopted higher minimum wages. To learn more about minimum wage in California, visit the California Department of Industrial Relations (DIR) page.

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.

Are any positions exempt from the salary basis test?

Professors, lecturers, graduate student instructors, readers, tutors, teacher special programs, other teaching titles, 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.

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

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

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

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

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

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

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

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

How will my vacation and sick leave accruals be calculated?

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.

How is my hourly rate determined?

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

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

What should I do to prepare for the change?

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

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

Will I need to make any changes to my direct deposit?

No.

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

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

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

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

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

When is my retirement deduction taken?

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

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

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

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

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

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

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

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

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

For assistance, please contact your supervisor or your department's Human Resources and Academic Personnel Support (HR/APS) group. For departments who receive service from Berkeley Regional Services (BRS), use the Region Finder. Then, proceed to the HR section of the regional website to see who to contact for HR/APS support.

Reassignment

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

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

Could I or my staff be reassigned?

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

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

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

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

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

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

Payroll

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

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