SECTION 7. Voluntary Furlough

Employees may participate in a voluntary furlough program. The program is contained in a letter of understanding between the parties and is set forth in the attached appendix.

SECTION 8. Medical and Dental Coverage

A. For new employees, medical and dental coverage benefits under this Section shall be effective at the beginning of the month that immediately follows the employee’s first pay period of employment in a regular position. Part-time employees must be employed a minimum of fifty percent (50%) of full-time in order to be eligible for insurance benefits.

B. Preferred Provider Organization (PPO), Health Maintenance Organization (HMO) and Point of service (POS) medical plans and PPO and Dental Maintenance Organization (DMO) dental plans shall be available to employees.

C. The County shall contribute up to $148.11 biweekly toward the cost of the biweekly premium for employee-only medical coverage. The County shall contribute up to $12.02 biweekly toward the cost of the biweekly premium for employee-only dental plan coverage. These contributions are based on full-time employment; part-time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the County's biweekly contribution shall be paid by the employee through payroll deductions. During the term of this agreement, the County shall pay 100% (pro rated for part-time employees) of the least expensive HMO employee-only premiums.

Employees may select coverage from the following options:

Medical*

Dental

D. Employees may ensure their eligible dependents (including registered domestic partners as defined below) under the medical and dental plans listed in C above, in accordance with the rules and regulations applicable to obtaining said dependent coverage.

E. The County's existing Labor/Management Health Oversight Committee shall include one voting Union representative or his/her alternate. Up to two employee representatives shall receive reasonable release time to attend committee meetings.

F. Except as indicated above, the administration of the committee shall be governed by the committee members themselves. The Human Resources Director shall act as the coordinator for committee. Decisions reached and recommendations made by the committee shall be subject to the meet and confer process.

G. The Union acknowledges that health insurance is a valuable benefit to employees and a major cost to the County and that the increase in health insurance costs is included in the cost of living index or CPI. The Union pledges its full cooperation to the County in the implementation of measures to control the costs of employee health insurance.

H. The parties agree that, during the term of this agreement, upon notification by the Union that it has a proposal to present, the County and the Union will meet and confer regarding the subject of a Union-sponsored health plan.

I. If two regular County employees are either a) married to each other or b) registered as domestic partners as specified below, and are both eligible for a contribution from the County toward employee-only medical and dental coverage, they may consolidate the County contributions toward the premium cost for “employee plus dependents” coverage held by one of the employees. In this situation, one employee (referred to below as the “spouse” or “partner”) becomes a dependent on the other employee’s (referred to below as the “primary employee”) medical and dental coverage.

In order to be eligible under this provision, all of the following conditions must be met:

The amount of the consolidated contributions shall be that amount which would otherwise be contributed by the County toward the employee’s and the spouse’s or partner’s employee-only premiums for the respective medical and dental plans less the cost for participation by the spouse or partner in the Employee Assistance Program and the County’s healthcare advocacy program. The appropriate contributions shall be made by the respective departments employing each employee.

SECTION 9. Health Insurance Benefits During Medical Leave of Absence

Employees who are placed on a leave of absence resulting from a medical condition including injury, illness, pregnancy or childbirth shall receive the County contribution toward health plan coverage for a leave period up to eighteen (18) months. Premium amounts exceeding the County contribution and for dependents shall be the responsibility of the employee during the leave period. If an employee has paid leave accruals in excess of eighteen (18) months at the start of the leave, the County will continue to make its contribution toward health coverage while paid leave is being used and until such time as the paid leave is exhausted.

SECTION 10. Flexible Spending Account Plan

A. All full-time and part-time employees in Union represented classifications shall be eligible to participate in the County sponsored Flexible Spending Account Plan.

The Flexible Spending Account Plan will include the following salary reduction options:

1. Pre-Tax Health Insurance Premium Option - for employees and their dependents;
2. Pre-Tax Health Care Spending Account Option;
3. Pre-Tax Dependent Care Spending Account Option
4. Pre-Tax Life Insurance Premium Option;
5. Pre-Tax Personal Accident Insurance Program;

These options are described in detail in the Flexible Spending Plan Legal Document which is available to all employee organizations. Compensation received in accordance with Section 11 (Benefit Allowance) may be used by employees to fund the options described above. All salary reduction amounts are included in base salaries for the purpose of computing retirement earnings and are subject to appropriate Internal Revenue Service regulations.

During the term of this MOU, either party may reopen negotiations on the feasibility of adding a Transportation Spending Account to the list of benefits available under this Section of the MOU.

The County shall meet and confer with the Union prior to revising the benefit options. The County agrees not to implement plan revisions unless a majority of recognized employee organizations agree to the proposed changes.

B. Benefits selected under this plan cannot be changed during the plan year except for a change in family status consistent with the benefit change. Enrollment in the plan shall be offered on an annual basis at the beginning of the plan year. New employees may enroll within the first thirty (30) days of employment. Continued operation of the program shall be subject to County administrative procedures.

SECTION 11. Benefit Allowance

A. The County shall contribute $236.51 per pay period per full-time employee as a benefit allowance. Regular part-time employees are eligible for this allowance based on a prorated equivalent of their employment status. The benefit allowance, which is received in cash, has a primary purpose of allowing employees to fund employee and dependent health insurance costs. Employees may also use the allowance to fund options in the Flexible Spending Account Plan and/or receive the remainder in cash.

B. During the term of this agreement, the benefit allowance may be increased in accordance with the following schedule:

(1) The parties agree that there is no commitment to increase the amount of the benefit allowance in July of 2008. However, if the premium for any medical plan offered by the County’s primary carrier increases by 5% or more for the 2008-09 plan year, then the parties shall re-open discussions on Medical & Dental Insurance Coverage and Benefit Allowance.
(2) The parties agree that there is no commitment to increase the amount of the benefit allowance in July of 2009. However, if the premium for any medical plan offered by the County’s primary carrier increases by 5% or more for the 2009-10 plan year (or by an aggregate of 10% or more for 2008-09 and 2009-10), then the parties shall re-open discussions on Medical & Dental Insurance Coverage and Benefit Allowance.
(3) Effective July 12, 2010, the benefit allowance shall be increased by $20.00 per pay period.

C. This allowance will be paid on a biweekly basis to each regular employee based on the prorated number of non-premium hours paid in a pay period.

SECTION 12. Sick Leave

A. Each regular full-time or regular part-time employee shall accrue sick leave at the rate of .0463 hours for each hour in a regular pay status excluding overtime, call-back and standby duty.

B. Unused sick leave shall be cumulative from year to year, with no accrual limit.

C. Sick leave usage may not exceed the employee's accrued sick leave balance reported on the Leave Report at the end of the pay period immediately preceding the pay period in which the leave is taken.

D. A department head may require evidence in the form of a physician's certificate, or otherwise, of the adequacy of the reason for any employee's absence during the time for which sick leave was requested. Under no circumstances is sick leave to be used in lieu of, in addition to, or as vacation. The Auditor may require a physician's certificate from the department in order to determine correctness of payroll records.

E. When a member of his immediate family is seriously ill or injured and requires his presence and attendance, an employee may be allowed by his appointing authority to use up to five days (40 hours) of his accumulated sick leave to attend such family member; provided, that not more than five days per year may be allowed for the illness or injury of any one member of the employee's immediate family. Nothwithstanding the above limitations, subject to department head approval, an employee may exceed the five day limit to care for an immediate family member who has a catastrophic or life threatening illness as verified by a physician’s statement.

F. Up to a maximum of five days (40 hours) of his accumulated sick leave may be allowed by his appointing authority to an employee for absence from duty because of any and each death in his immediate family.

G. For the purposes of Section E and F above, "immediate family" is defined as husband, wife, domestic partner, parent, brother, sister, child, grandparent, grandchild, and mother-in-law or father-in-law of the employee.

H. An employee may, when necessary and at the discretion of his department head, be granted up to two hours leave with pay to make voluntary nonremunerated blood donations to non-profit blood banks in the county. Time off in excess of two hours and up to an additional two hours may be used for this purpose, but such additional time off shall be charged to accumulated sick leave. Leave for the purpose of donating blood shall not exceed five times in any one calendar year.

I. Each regular full-time or regular part-time employee with Accumulated Unused Sick Leave balances in excess of 240 hours as of September 17, 1978, will be eligible for sick leave pay off. Upon termination of employment from county services, 50% of the value of the Eligible Accumulated Unused Sick Leave hours will be paid at the employee's hourly rate in effect as of September 17, 1978. Eligible Accumulated Sick Leave hours are defined as the Accumulated Unused Sick Leave hours between 240 hours and 960 hours reported as of September 17, 1978, or if less, then hours reported at the time of termination.

J. Any payment made under Section I above will be made only once to an employee in his work history with the County upon termination of employment. If an employee is subsequently rehired in the service of the County, incentive payment for Unused Sick Leave will not be applicable, and previous balances paid off upon termination will not be restored.

K. Except upon Layoff in accordance with Civil Service Rule XI, termination of County employment shall abrogate all sick leave accrued to the time of such termination, regardless of whether such person subsequently re-enters county employment or service. Except as provided in Section I, no payment shall be made to any employee for unused sick leave accumulated to his credit at the time of his termination from county service.

SECTION 13. Family Care Leave

The County shall provide a Family Leave Care benefits program consistent with Sections 12945.2 and 19702.3 of the California Government Code. Specific details are set forth in the County Administrative Policies and Procedures Manual.

SECTION 14. Vacation

A. For each hour in a regular pay status, excluding overtime, call-back, and stand-by, each regular full-time or regular part-time employee shall accrue vacation based on continuous County service as provided in the chart below.

B. Annual vacation accrual may accumulate up to the Maximum Allowable Accrual provided for in the chart in A above.

C. Notwithstanding the provisions of Sections A, and B above, an employee absent due to a work-related injury, receiving Workers Compensation Temporary Disability and unable to take vacation may accrue vacation above the Maximum Allowable Accrual. Following his/her return to work, the employee shall make every reasonable effort to promptly take vacation in excess of the Maximum Allowable Accrual.

D. Employees with more than five years of continuous county service may - once during each calendar year and with the approval of the department head - request pay for up to forty hours of accrued vacation in lieu of vacation time off. Such vacation conversion shall be based on the employee's hourly rate in effect at the time of payment. After the vacation conversion, an employee shall have an accrued vacation balance of at least forty hours. Any cash conversion of accrued vacation approved pursuant to this provision shall be effective no sooner than one year following any previous conversion (i.e., only one conversion is allowed in any twelve month period).

E. No payment in lieu of vacation shall be made to any employee except upon termination of employment or as provided for in Section D and upon proper certification to the Auditor by the department head or appointing authority of such accrual. Terminating employees shall be paid for accumulated vacation as of the date of termination.

F. An employee is not entitled to vacation credits or accrual unless or until they have been a regular employee for six (6) continuous months. Consequently, a person failing to complete such service receives no payment for vacation credits upon termination.

G. Vacation shall not include any regular holidays taken during a vacation period.

H. Employees may be required to take vacation with reasonable notice. In addition, employees may request vacation use. A reasonable effort shall be made to allow vacations to be taken at times convenient to the employee, so long as such use is consistent with the needs of the service and work load of the department. The County shall not administer this provision in an arbitrary or capricious manner.

I. Vacation usage may not exceed the accrued vacation balance reported at the end of the prior pay period.

J. At the time of appointment in units represented by the Union, employees appointed from outside Santa Barbara County government service from either a city, county, state agency, federal agency or special district, shall receive credit for their prior years’ of public agency service toward their annual vacation accrual rate if that public agency service ended within six months of the date of County employment.

K. In addition to any credit provided for in Paragraph J, above, permanent employees who separate from County service and then return may recoup their past service credit for purposes of vacation accrual under the following conditions:

a. Employees may be absent from County service no more than three consecutive years; and
b. Employees must have left County service in good standing and their last two performance evaluation ratings prior to leaving County service must have been satisfactory or above.

Former service credit, in such cases, shall be combined with the new and current employment, in addition to any received in accordance with Paragraph J, above, in determining the employee’s vacation accrual rates.