2019 - 2023 ESCMemorandum of Understanding: Article 13: Compensation Benefits

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What’s on this Page

• 13.1 Mileage Reimbursement
• 13.2 Shift Differential Premium
• 13.3 Shifts Defined
• 13.4 Split Shift
• 13.5 Call-Back Premium
• 13.6 Standby Duty
• 13.7 Premium Pay for Detention Facilities
• 13.8 Standby Premium Pay
• 13.9 Psychiatrist Standby Duty
• 13.10 Psychiatrist Detention Facility Assignment
• 13.11 Psychiatrist Assigned Mental Health Medical Director Duties
• 13.12 Deferred Compensation
  • 13.12.1 Deferred Compensation - Voluntary Plan
  • 13.12.2 Deferred Compensation - Employee Appeal
  • 13.12.3 Deferred Compensation - Non-Grievability
  • 13.12.4 Deferred Compensation - Program Modification
• 13.13 Bilingual Premium
• 13.14 Salary Upon Temporary Promotion
• 13.15 Premium / Differential Pay Treatment
• 13.16 Public Health Nurse Assigned as Nurse Practitioner
• 13.17 Premium for Child Psychiatrists
• 13.18 Psychiatric Emergency Services / Crisis Stabilization Unit (PES/CSU) Facility Assignment Premium
• 13.19 Required Licenses and Certifications
• 13.20 Phone Work Compensation

Read Next: Article 14: Salary Upon Status Change

An employee who is authorized to and does provide a motor vehicle for travel required of the employee in the performance of official duty shall be reimbursed at the current applicable federal business standard mileage rate as established by the IRS for each mile driven. Employees requesting mileage reimbursement under this provision must submit an initial request for reimbursement by submitting a County or Department provided form no later than 90 days following the date of travel. If an employee is unable to submit the request by using a County or Department provided form, the employee must indicate the date, mileage driven, and business purpose for the travel.

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An employee who is assigned to work and actually works an evening or night shift is entitled to receive shift differential defined below. All employees entitled to receive shift premium pay as of the first pay period following the execution of this Memorandum shall be paid as follows:

1. Shift differential shall be paid only for hours worked on the defined shift. An employee whose shift starts at 7:00 a.m. or later and ends by 7:00 p.m. shall not be eligible for shift differential pay.
2. An employee must actually work 50% or more of his or her shift hours between 2:00 p.m. and 10:00 p.m. to receive the evening shift differential premium specified in Subsection 13.2(c). An employee must actually work more than 50% of his or her shift hours between 10:00 p.m. and 8:00 a.m. to receive the night shift premium specified in Subsection 13.2(d);
3. An additional 5% above the employee’s base hourly rate for each hour actually worked on an evening shift. Effective the first full pay period following Board of Supervisors’ approval of this successor MOU, the evening shift differential shall be increased from five percent (5%) to seven percent (7%) above the employee’s base hourly rate for each hour actually worked on an evening shift. 
4. An additional 10% above the employee’s base hourly rate for each hour actually worked on a night shift, or for Behavioral Health Clinician job classes, an additional 17% above the base hourly rate for each hour actually worked on a night shift.

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For purposes of the shift differential premium, an evening shift is defined as beginning at or after 2:00 p.m. and prior to 10:00 p.m., and a night shift is defined as beginning at or after 10:00 p.m. and prior to 8:00 a.m.

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An employee assigned to and who actually works a split shift shall receive shift differential based on the time of the beginning of each half shift in accordance with times specified in Section 13.3.

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Whenever an employee is ordered by the department head, or designee, to return to duty following the termination of the employee’s normal work shift and departure from the work site, the employee shall receive a minimum payment equivalent to two (2) hours of overtime compensation or overtime compensation for the actual time worked, whichever is greater. Time worked, for which the employee is entitled to compensation, shall include reasonable travel time to and from the employee’s residence. In no case shall an employee continue to receive standby pay once called back to work.

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An employee, who is released from duty and is assigned by the County to be on standby, shall be eligible for standby premium pay. Standby duty requires that an employee designated by the appointing authority to be so assigned, be ready to respond immediately, be reachable by telephone, be able to report to work within a specified period of time, and refrain from activities which might impair the employee’s ability to perform assigned duties. Answering telephone calls and responding to phone inquiries is considered part of the standby assignment and is compensated within the standby premium pay. Employees on standby are called upon to use their professional judgment and discretion as to whether the situation can wait to be addressed during regular work hours, referred to another authority, or call back to work is required to resolve. No employee shall be paid for standby duty and other compensable duty simultaneously.

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An employee in a class covered by this Memorandum who is assigned to work in a detention facility, Juvenile Hall, Main Adult Detention Facility (MADF), North County Detention Facility (NCDF), Valley of the Moon Children’s Home and Probation Youth Camp shall receive 10 percent (10%) premium pay above the employee’s base hourly rate for all hours worked in the detention facility.

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All employees, (not covered by Article 13.9 C) in this Bargaining Unit assigned to standby, shall be compensated $4.75 per hour of assigned standby duty.  Standby time is not to be construed as work time.

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As part of their routine work schedule, part-time and full-time Staff Psychiatrists can be assigned to standby and call-back according to the following provisions:

1. General Procedure:  Psychiatrists assigned to standby may be provided a pager by the department and, therefore, will not be restricted to their residence or other location during the assignment.  However, staff so assigned will remain within the range limitation at which the pager can function to alert the employee to phone in. Phone-in response time is required within fifteen (15) minutes and call-back availability is required within sixty (60) minutes, if the psychiatrist’s presence is needed.
2. Frequency:  Each permanent full-time and part-time Staff Psychiatrist can be assigned to standby/call-back on a rotational basis. The frequency of the assignment will be determined by the number of staff available for rotation. It is the County’s intent that no psychiatrist will receive the assignment more than four (4) days in each four-week period unless the assignment is mutually agreed to by the psychiatrist and the immediate supervisor. Absent mutual agreement, the County retains the right of assignment and is not precluded from assigning a psychiatrist to more than four (4) days of standby/call-back in a four (4)-week period. Should a psychiatrist be assigned to more than four (4) days in a four (4)-week period, the County and Union agree to utilize the consultation procedure outlined in Article 22 of this MOU.
3. Psychiatrist Standby Compensation under Section 13.9 will be provided in accordance with the provisions of Article 6  Hours of Work and Overtime dealing with compensatory time off and overtime.  Each psychiatrist who earns standby compensation under Section 13.9 shall, whenever possible, be allowed to use accrued CTO as paid leave up to an eighty (80) hour maximum. Consistent with Sections 15.1 and 15.2, the parties agree the County retains the right to determine staffing levels and work assignments. The County specifically reserves the right expressed in Article 6 to evaluate whether the taking of CTO as paid time off by psychiatrists will unreasonably impede psychiatric needs of the County.  If the County judges an impediment will occur by use of CTO, then the County will direct that CTO earned above the forty (40) hours worked be paid in cash and not accumulated.
4. Psychiatrist Call-Back Premium: A psychiatrist who is assigned to standby duty and who is required to return to work following the termination of the employee’s normal work shift and departure from the work site, shall receive in addition to appropriate standby CTO, a minimum payment equivalent to two and a half (2.5) hours of his/her base hourly rate, or compensation at the base hourly rate for actual time worked, whichever is greater.  Pay under this Subsection 13.9(d) may be converted to compensatory time off at the option of the employee and in accordance with Subsection 13.9(c), above.
5. Emergency Call-Back:  Any psychiatrist not on Standby Assignment may be assigned in an emergency to work on a weekend or be called back during the week and will be paid in accordance with Section 13.5, Call-Back Premium, and not under Subsection 13.9(d) above.
6. Psychiatrist Compensation For Holiday Work: A psychiatrist who is on Standby Assignment or not and who is required to work on a scheduled holiday, shall receive overtime compensation for all hours worked on the holiday in accordance with the relevant provisions of this Memorandum.
7. Psychiatrist Standby Duty - Compensation
   Compensation for psychiatrists on standby duty will be as follows:

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Psychiatrists, not hired into positions for work at the Main Adult Detention Facility or North County Detention Facility, are not normally assigned to routine detention facility work except in an emergency. If an emergency occurs, then psychiatrists may be assigned on a rotational basis to detention facility work for up to a month at a time based on reverse seniority (continuous County service on paid and unpaid status).

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The Director of Behavioral Health may assign a Staff Psychiatrist to perform duties of Mental Health Medical Director. Such employee shall be paid a premium of thirteen percent (13%) above the employee’s base hourly rate for all hours actually worked performing the assigned duties of the Mental Health Medical Director.

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13.12.1 Deferred Compensation – Voluntary Plan

The County agrees to maintain the current deferred compensation plan for Bargaining Unit members in permanent full or part-time positions.  Nothing in this Memorandum renders the County liable to the Union or any employee for a discontinuance of Internal Revenue Service or Franchise Tax Board approval of any County deferred compensation plan or portion of the plan.

13.12.2 Deferred Compensation – Employee Appeal

Employees may appeal to the Deferred Compensation Advisory Committee should they have a complaint regarding the administration of the program.

13.12.3 Deferred Compensation – Non-Grievability

The only deferred compensation issue that is grievable or arbitrable is whether the County has made the employee’s designated voluntary contribution.

13.12.4 Deferred Compensation – Program Modification

Nothing in this Memorandum renders the County liable to the Union or any employee for a discontinuance of Internal Revenue Service or Franchise Tax Board approval of any County deferred compensation plan or portion of the plan, or the employee becoming ineligible by law or the rules of the plan, to participate in the deferred compensation program(s).

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When a Department Head designates a position within the Bargaining Unit which requires bilingual skills on the average of at least ten percent (10) of the employee’s work time, an employee in the designated position shall first demonstrate a language proficiency of job related terminology acceptable to the Department Head and the Human Resources Director. Thereafter, the employee shall be entitled to the payment of one dollar and fifteen cents ($1.15) per hour. The bilingual pay differential shall be paid for all hours the employee is in pay status, excluding overtime.

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An employee assigned by the County to perform the duties of a higher classification to fill an approved vacancy caused by resignation, termination, promotion, or an extended leave of absence, and who meets the minimum qualifications of the higher classification, shall be paid according to the salary of the scale for the new class which would constitute an increase in salary at the step most closely equivalent to five percent (5%) greater than the employee’s salary before promotion, but not less than the minimum salary of the new class, nor greater than the maximum salary of the new class. The employee shall receive this salary as long as the employee continues to serve in the higher classification and shall be entitled to receive increases for the position in accordance with the Merit Increase Section of this Memorandum as though the employee had been appointed on the day that the employee began to receive the salary designated for the position. Each subsequent time the employee is assigned to fill a vacancy in the same higher classification, the employee will be entitled to receive increased salary as described above.

When the temporary assignment ends and the employee returns to his/her primary class, merit hours completed during the temporary assignment to the higher class will be applied to the primary assignment for purposes of determining step placement and eligibility for subsequent merit increases in the primary class.

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Psychiatrists, not hired into positions for work at the Main Adult Detention Facility or North County Detention Facility, are not normally assigned to routine detention facility work except in an emergency. If an emergency occurs, then psychiatrists may be assigned on a rotational basis to detention facility work for up to a month at a time based on reverse seniority (continuous County service on paid and unpaid status).

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An employee in the classification of Public Health Nurse I or Public Health Nurse II, who meets the minimum qualification for employment as a Nurse Practitioner / Physician’s Assistant, and who is assigned to perform the duties normally ascribed to the classification of Nurse Practitioner / Physician’s Assistant, shall be paid at the salary step on the range for the higher classification which corresponds to the salary step on the employee’s salary range for each hour assigned and actually worked at the higher classification. An entry will be made in the employee’s personnel file to document the employee’s service as a Nurse Practitioner.

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Employees in the classification of Staff Psychiatrist who are Board Certified in Child Psychiatry and who treat children for a majority of their assignment will receive a premium of two percent (2%) above the employee’s base salary for all hours worked as a Child Psychiatrist.

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Effective July 8, 2014, Bargaining Unit members assigned to the PES/CSU Unit shall receive a five percent (5%) premium for hours actually worked at the PES/CSU.  This facility assignment premium pay is paid to Bargaining Unit members who, as part of their expected job duties, work directly with individuals in acute crisis with uncontrolled behavior who may require hands-on restraint and immobilization. This premium is based on the existing working environment at PES/CSU, and future changes in the PES/CSU facilities and/or operations may warrant reduction or elimination of this premium through the normal meet and confer process.

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The County will reimburse, upon submission by the affected employee, the renewal cost of a professional license or certification which is held by the employee for the benefit of the appointing authority, and which is required by the employee’s job duties.

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With the Department Head’s approval, an employee may be called upon to resolve work-related problems by telephone without having to return to the worksite. Compensation for such work between the hours of 10 pm and 6 am shall be a minimum of one (1) hour at the rate of one and one-half (1.5) times the employees’ base hourly rate of pay for any hour in which a telephone call is made or received. Between the hours of 6 am and 10 pm, phone work compensation as set forth above shall commence after the employee spends more than twelve (12) minutes resolving work-related problems by telephone. In the event a later telephone call is received after the prior one (1) hour of telephone work time, and the call required the employee to again resolve work-related problems by telephone, the employee shall be paid for an additional one (1) hour at the rate of one and one-half (1.5) times the employees base hourly rate of pay for all telephone calls made or received within that next hour. Phone work performed during a regularly scheduled telecommuting assignment is not eligible for payment under this Section. The County shall not pay an employee for callback pay, standby pay, and phone work pay during the same period of time.

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