MEMORANDUM OF UNDERSTANDING BETWEEN
COUNTY OF SANTA BARBARA AND
THE ENGINEERS AND TECHNICIANS ASSOCIATION

ARTICLE 8. STATE DISABILITY INSURANCE

Section 8.1
All employees eligible for SDI benefits shall use their available sick leave credits to supplement their SDI benefits so that the sum of the SDI benefits and sick leave credits used equals 80% of their gross salary.

Section 8.2
All employees eligible for SDI benefits may apply with the State of California for approval as soon as possible following the date of their eligibility for SDI benefits. Current eligibility begins on the eighth consecutive calendar day of an extended illness or injury. An employee must apply for SDI when illness or injury causes him/her to miss work for more than twelve consecutive calendar days.

Section 8.3
When an employee has used all available sick leave credits, (s)he may use any available overtime and/or holiday credits first and vacation second to supplement his/her SDI benefits up to 80% of gross salary.

If during the disability period the employee reaches his/her Maximum Allowable Accrual for vacation, then the employee shall be allowed to use up to forty (40) hours of vacation time, prior to the use of sick leave, overtime and/or holiday credits, in order to supplement his/her SDI benefits up to 80% of gross salary.

Section 8.4
Employees eligible for Paid Family Leave (PFL) benefits may apply with the State of California. Employees receiving PFL benefits may integrate available sick leave credits to the extent provided in Section 11.5 of this agreement; available overtime and/or holiday credits; and vacation to supplement their PFL benefits up to 100% of gross salary. Available overtime and/or holiday credits shall be used prior to integrating with vacation.

Employees participating in this program are solely responsible for understanding the tax consequences of receiving PFL benefits.

ARTICLE 9. FLEXIBLE SPENDING ACCOUNT PLAN

Section 9.1
All full- and part-time employees in E.T.A.-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 Options;
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 brochure and in the Legal Plan Document which is available to all employee organizations. Compensation received in accordance with Article 10 (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.

The County shall meet and confer with E.T.A. 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.

Section 9.2
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.

ARTICLE 10. BENEFIT ALLOWANCE

Section 10.1
The County shall contribute $170.24 per pay period per employee as 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.

Section 10.2
During the term of this agreement, the benefit allowance may be increased in accordance with the following schedule:

(1) If the premium for any medical plan offered by the County’s primary carrier increases by 5% or more for the 2005-06 plan year, then the benefit allowance shall be increased by $20.00 per pay period effective July 4, 2005.

(2) If the premium for any medical plan offered by the County’s primary carrier increases by 5% or more for the 2006-07 plan year (or by an aggregate of 10% or more for 2005-06 and 2006-07), then the benefit allowance shall be increased by $15.00 per pay period effective July 3, 2006.

(3) If the premium for any medical plan offered by the County’s primary carrier increases by 5% of more for the 2007-08 plan year (or by an aggregate of 15% or more for the 2005-06, 2006-07 and 2007-08 plan years), then the benefit allowance shall be increased by $20.00 per pay period effective July 2, 2007.

Section 10.3
In addition to any increase granted pursuant to Section 10.2 above, effective July 3, 2006, the benefit allowance shall be increased by $5.00 per pay period.

Section 10.4
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.

ARTICLE 11. SICK LEAVE

Section 11.1
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.

Section 11.2
Unused sick leave shall be cumulative from year to year, with no accrual limit.

Section 11.3
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.

Section 11.4
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.

Section 11.5
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 department head 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. 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.

Section 11.6
Up to a maximum of five days (40 hours) of his accumulated sick leave may be allowed by his department head to an employee for absence from duty because of any and each death in his immediate family.

Section 11.7
For the purposes of Section 11.5 and 11.6 above, "immediate family" is defined as husband, wife, parent, brother, sister, child, grandparent, grandchild, and mother-in-law or father-in-law of the employee.

Section 11.8
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.

Section 11.9
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.

Section 11.10
Any payment made under Section 11.9 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.

Section 11.11
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 11.9, 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 11.12
Employees who retire from the County shall have their accumulated sick leave credit of up to 2,088 hours added to their term of service for purposes of calculating retirement benefits.

ARTICLE 12. VACATION

Section 12.1
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.

Section 12.2
Annual vacation accrual may accumulate up to the Maximum Allowable Accrual provided for in chart 12.1 above.

Section 12.3
Notwithstanding the provisions of Section 12.2 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.

Section 12.4
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).

Section 12.5
No payment in lieu of accrued vacation shall be made to any employee except upon termination of employment or as provided for in Section 12.4 and upon proper certification to the Auditor by the department head of such accrual. Terminating employees shall be paid for accumulated vacation as of the date of termination.

Section 12.6
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.

Section 12.7
Vacation shall not include any regular holidays taken during a vacation period.

Section 12.8
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 a time convenient to the employee, so long as such use is consistent with the needs of the service and work load of the department.

Section 12.9
Vacation usage may not exceed the accrued vacation balance reported at the end of the prior pay period.

Section 12.10
At the time of appointment in units represented by the Association, 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.

Section 12.11
In addition to any credit provided for in Section 12.10 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 Section 12.10, above, in determining the employee’s vacation accrual rates.