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A. Leave Requests. All requests for leave shall be processed by use of leave applications, only one copy of which is required. Upon written approval of the request by the supervisor and department head, it will be forwarded to finance for processing.

1. All leave, except sick leave, shall be approved by the immediate supervisor, in advance. Employees shall notify their immediate supervisor as far ahead of each shift as is possible.

a. Requests for leave shall be in writing using form CVWD-005. For exempt employees’ partial day absences of less than four hours, the employee will not be required to fill out a leave slip except for FMLA related time off.

b. Employees will not be discriminated against in the determination of granting leave on the basis of race, color, creed, national origin, sex, age, physical disability, mental disability, medical condition or marital status.

c. Department heads are responsible for determining the number of employees from the workforce that may be off at a given time and still safely and efficiently accomplish projects, schedules and good customer service.

d. Leave requests shall be considered on a first-come first-serve basis.

e. Requests for identical or overlapping leave periods, that are given to the supervisor during the same eight-hour work shift, will be considered as being submitted at the same time. Requests submitted after the end of the employee’s regular scheduled shift will be considered to have been submitted on the following working day.

f. Multiple requests, submitted on the same day, for identical or overlapping leave periods will be considered by department or section work load and by seniority by hire date.

g. If a request is denied, the supervisor shall meet with the employee to determine an acceptable alternate date.

h. Requests may be submitted up to 365 days in advance of the commencement of the leave.

i. Requests submitted less than two weeks in advance of the commencement of the leave will receive a written determination within two work days from receipt of the employee’s written request. Requests submitted greater than two weeks in advance of the commencement of the leave will receive a written determination within one week.

Floating holidays will be scheduled 72 hours in advance, except that in cases of emergency, may be taken without prior notice.

Use of vacation leave in lieu of sick leave is not allowed unless the absence is over two weeks in duration and all sick leave and emergency health fund has been used.

The district’s telephone is “in service” at all times (24 hours a day). Three days of absence without notification to the district is considered, by law, to be abandonment of job and is cause for termination of employment. Repeated single absences without notification is also cause for termination of employment.

Sick leave shall be approved the day the employee returns to work. Return from leave periods in excess of three calendar days may be cause for requiring a physical examination by the district’s physician upon recommendation of the human resources director and approval by the general manager.

j. Upon receipt supervisor shall initial “received” and copy the request, returning the copy to the employee upon submittal.

B. Sick Leave.

1. Employees begin accruing paid sick leave at the commencement of employment. Sick leave is accrued at the rate of one working day for each full month of employment. Sick leave is not accrued during a period of layoff of service or leave of absence. Any balance of unused sick leave may be carried over to the next year until the maximum balance of 360 hours of sick leave is accrued. Employees may begin using accrued sick leave on their ninetieth day of employment.

Upon written or oral request, employees may use sick leave for the following purposes:

a. Diagnosis, care, or treatment of an existing health condition, or preventive care for, an employee or an employee’s family member; or

b. For an employee who is a victim of domestic violence, sexual assault, or stalking.

“Family member” means any of the following: (a) a child, which means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status; (b) a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; (c) a spouse; (d) a registered domestic partner; (e) a grandparent; (f) a grandchild; (g) a sibling.

If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. For any absence of three days or more for the employee’s own injury or illness, the district may require a release to return to work from the employee’s health care provider.

Employees may use sick leave in minimum increments of one-half hour.

Sick leave will be paid at the employee’s hourly wage. Employees who had different rates of pay in the 90 days prior to taking sick leave will be paid for sick leave at the rate of pay calculated by dividing the employee’s total wages, not including overtime pay, by the employee’s total hours worked in the full pay periods of the 90 days of employment prior to taking such sick leave.

2. Upon retirement from the district, an employee’s unused sick leave and emergency health fund of record shall be covered as follows:

a. Up to 480 hours of accrued sick leave, and emergency health fund, combined, shall be paid to the employee at the rate of 100 percent of the employee’s rate of pay at retirement. All accrued sick leave and emergency health fund beyond 480 hours will be paid at 50 percent of the employee’s rate of pay at retirement.

b. There is no right to a pay out of sick leave and emergency health fund if an employee resigns or is terminated.

3. Upon the death of an employee, all accrued sick leave and emergency health fund will be paid to the employee’s estate at the rate of 100 percent.

4. Unused sick leave credits shall be accumulated from year to year to a maximum of 360 hours in a sick leave fund to be used by the employee as needed for approved sick leave.

5. Sick leave credits over 360 hours shall accrue to an emergency health fund. Upon the death of an employee, all sick leave of record will be paid to the estate at the rate of 100 percent.

6. Emergency health fund shall be reduced in the following order:

a. On the employment anniversary each year to restore sick leave fund to 360 hours automatically.

b. Emergency health fund conversion.

c. Secondary emergency health fund conversion.

7. Emergency Health Fund Conversion. The amount of unused sick leave credits granted in the preceding 12 months, as determined as of the first pay period ending prior to December 1st of each year, shall be distributed as follows:

a. One-half accrued to emergency health fund.

b. One-half at the officer’s or employee option:

i. As pay at the officer’s or employee’s current rate.

ii. As vacation leave.

iii. Accrued to emergency health fund.

iv. Contribution to deferred compensation.

8. Retirement Hospitalization. The following wording pertains to employees who retired before July 1, 2004:

a. Cash reimbursement shall be by check at the employee’s hourly rate upon retirement from the district. Upon request of the retired employee and after verification of hospitalization in an acute care hospital, skilled nursing care facility or medical rehabilitation facility, the employee shall be paid, from the hospitalization fund, a day’s pay for each day confined to a hospital. A day’s pay shall be an eight-hour day at the hourly rate at the time of retirement. All disbursements from the hospitalization fund must have approval from the general manager. Retirement hospitalization is to be retained for the lifetime of the retired employee or until diminished by use.

b. Skilled nursing care facility is a licensed medical facility with a 24-hour on-call doctor that must have a licensed vocational nurse and a registered nurse on staff.

c. Rehabilitation facility must be doctor certified and may be a skilled nursing care facility where an individual receives inpatient medical treatment for rehabilitation from an illness or injury and is for a short duration. Prior hospitalization is not needed. A convalescent facility is not a rehabilitation facility.

d. Retirees may also use this fund toward premium participation if applicable.

C. Economic Sick Leave. Economic sick leave shall be declared for each employee who reports absence due to illness and who fails to present medical verification when 35 percent of the work force of a department, a division, or the total district work force reports off ill.

Economic sick leave is not deductible from accumulated sick leave of record. Economic sick leave shall earn no benefits nor salary.

When determined by the general manager that a person on economic sick leave is, by failing to carry out their duties, creating a threat to the production of food, delivery of potable water, collection and treatment of sewage, or people and/or property located in a floodplain the general manager may appoint a replacement by promotion, transfer or new hire. The person on economic sick leave shall lose their right to return to the position, and may return to employment provided they are chosen by a department head to fill an existing vacancy and that choice is approved by the general manager.

D. Vacation Leave. The purpose of vacation leave is to renew, refresh, restore, revive, and stimulate the employee and increase contact with family by providing a rest from the employee’s work environment.

All vacation leave shall be approved, in advance, with a minimum three-day written notice from employee to supervisor. Should extenuating circumstances arise, the immediate supervisor may make exception to the three-day notice.

Officers and regular employees of the district shall earn vacation leave for the first five years of continuous employment at the rate of 80 hours for each full year of service. During the second five years (six to 10) of continuous employment, vacation leave shall be earned at the rate of 120 hours for each full year of service. After the tenth year of service, vacation leave shall accrue at the rate of 160 hours for each year of service. Employees will cease to accrue vacation leave at 600 hours for CVWDEA, 480 hours for ASSET, and 500 hours for ACVWDM. Employees reaching the maximum will cease to accrue additional vacation leave until the pay period that the total accrued vacation leave is again below the maximum. Any officer or employee who terminates employment with the district shall be paid the monetary value of any earned vacation leave. Vacation leave shall be posted to each officer’s and employee’s account on the officer’s or employee’s first anniversary date and as earned thereafter. Vacation leave may be advanced to an employee at the discretion of the general manager. Upon termination a reduction shall be made covering the monetary value of any leave so advanced and still owing. Problems of pay, posting, earning or adjusting shall be reviewed by the human resources director and concluded by memo to the finance department within five working days.

E. Vacation Schedules. When determined by the supervisor, the department heads shall develop leave schedules to satisfy district projects and schedules.

F. Bereavement Leave. Bereavement leave is paid leave which is available to an employee at the time of death or funeral of a family member of the employee’s immediate family.

Bereavement leave may be used not to exceed two hours to attend funerals for district employees. The supervisor will have the discretion to limit the number of employees attending if it will have an impact on district business operations.

Bereavement leave shall not exceed three work days for the death of a member of the officer’s and employee’s immediate family. If additional days are required due to distance or mourning, those days will be deducted from floating holiday, vacation or sick leave in that order.

Immediate family includes husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, stepparent, mother-in-law, father-in-law, grandchild, grandparent and domestic partner.

For CVWDEA members only in the case of the death of a spouse or child or when overnight travel is required, an employee may elect to use up to 40 hours of personal sick leave in addition to the three days of bereavement pay.

G. Industrial Accident Leave (on the Job Illness or Injury).

1. ACVWMD and ASSET Members. Injury or illnesses arising out of and occurring in the course of employment will be administered under the Workers’ Compensation Laws of the state of California. In circumstances where absences are not compensable under the Workers’ Compensation Laws of California an employee shall be entitled to use accrued sick leave. Sick leave used during the time a claim is pending a decision will be credited back to the employee at the time the claim becomes compensable. Leave credited will be for time paid under the Workers’ Compensation Laws of the state of California. In an effort to conform to later developments with workers’ compensation benefits, any underpayments/overpayments regarding accrued leave, workers’ compensation payments, or any other benefit will be adjusted/deducted from the employee’s paycheck, regardless of fault.

2. CVWDEA Members. Injury or illnesses arising out of and occurring in the course of employment will be administered under the Workers’ Compensation Laws of the state of California.

3. In circumstances where absences are not compensable under the Workers’ Compensation Laws of California an employee shall be entitled to use accrued sick leave.

4. Should an employee be entitled to time off work under the Workers’ Compensation Laws of California and incur the three-day waiting period under the law, the district will provide paid leave up to but not exceeding the three-day waiting period. Any time off after the three-day waiting period will be administered under the Workers’ Compensation Laws of California.

5. An employee may be eligible for up to an additional 24 hours of leave time to attend doctor appointments incurred under the Workers’ Compensation Laws of California and that are within the district’s Workers’ Compensation Medical Provider Network (MPN). This leave time is only available when an employee is present at district facilities and performing district work duties the day of the appointment. This time shall not be combined with vacation, sick, or any other leave benefit.

6. Doctor appointments as described above must be scheduled during the first hour or last hour of an employee’s scheduled shift. Appointments made outside of this window will require the employee to use personal sick leave to cover the hours absent from work. If the employee is out of sick leave time, the additional time off of work will be unpaid.

7. In an effort to conform to later developments with workers’ compensation benefits, any underpayments/overpayments regarding accrued leave, workers’ compensation payments, or any other benefit will be adjusted/deducted from the employee’s paycheck, regardless of fault.

H. Pregnancy Disability Leave. Employees disabled due to pregnancy or childbirth related conditions shall be allowed up to four months of unpaid leave. Sick leave, vacation and floating holidays may be used during maternity leave. (See also subsection (I) of this section, Family and Medical Leave Act.) The district may require verification by a physician of both the disability and the employee’s ability to safely return to work.

An employee may use vacation leave or floating holidays, if available, when necessary due to spouse’s pregnancy.

I. Family and Medical Leave Act (FMLA) – California Family Rights Act (CFRA).

1. Eligible Employees. Employees eligible for FMLA are those who (a) are one of 50 employees within 75 miles of the work site, (b) have been employed for at least 12 months and (c) have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

An eligible employee may take unpaid leave for the following reasons:

a. Child care. The birth or adoption of the employee’s child or placement of a child for foster care with the employee. This leave must be taken within one year after the birth or adoption.

b. Serious health condition. The serious health condition of (i) the employee or (ii) to care for a child, spouse, or parent who has a serious health condition.

2. Length of Leave. An eligible employee is entitled to a maximum of 12 weeks of unpaid leave within a 12-month period without loss of seniority. The amount of leave available to an employee at any given time will be calculated by looking backward at the amount of leave taken within the 12-month period immediately preceding the requested leave. An employee who fails to return to work immediately following expiration of the authorized leave period is subject to termination. Leave taken for any other reason which would qualify under this provision may be counted against the employee’s leave entitlement under this provision.

3. Substitution of Paid Leave.

a. If the employee qualifies for and specifically requests leave under this provision for child care leave, all accrued and unused vacation or floating holiday will run concurrently with the child care leave.

b. During a leave related to the employee’s serious health condition, all available paid sick or disability leave will run concurrently with the employee’s serious health condition leave.

c. During such a leave related to an employee’s family member’s serious health condition, the employee may request to concurrently use any available paid sick leave (family illness leave).

d. After accrued sick leave is exhausted under subsection (I)(3)(b) of this section, or if no sick leave is taken during a leave under subsection (I)(3)(c) of this section, an employee may elect to use accrued vacation leave under this provision.

4. Certification. Prior to taking a serious health condition leave, the employee must submit to the human resources director written medical certification from a health care provider of the serious health condition. The district allows 15 days after the employee’s request for certification to be submitted, if the leave was not foreseeable. Failure to provide such certification upon request may result in a denial or delay of leave particularly if the district determines the leave was reasonably foreseeable. If the requested leave is for the employee’s serious health condition, the district reserves the right to request that the employee receive a second opinion from another health care provider at the district’s expense certifying the serious health condition of the employee. The district reserves the right to require that an employee provide the district with verification of the medical condition, if the certification expires prior to the end of the leave.

Before returning to work, an employee who is on leave of absence as a result of his or her own serious health condition must submit a health care provider’s written certification that they are able to perform the essential functions of their job, with or without reasonable accommodation. Failure to provide such certification may result in the delay or denial of job restoration.

5. Intermittent or Reduced Leave. Serious health condition leave may be taken on an intermittent or reduced schedule basis when certified by a health care provider.

Child care leave ordinarily must be taken in at least two-week intervals, except twice in any 12-month period when a leave may be taken for a shorter period of time.

6. Insurance Premiums. During an employee’s leave of absence, the district will continue to provide health/dental/vision insurance coverage under the same terms as if the employee were not on leave. As such, the employee will remain personally responsible for any co-payments and/or premium contributions. Long term disability will be deducted from the first paycheck after the employee returns from the leave of absence. An employee who does not return may be required to repay any insurance premiums paid by the district during the leave.

7. Job Restoration. Upon return from family or medical leave in accordance with this provision, the employee will be returned to the same or an equivalent position with no loss in benefits which accrued prior to the leave of absence. An employee who does not return to work at the end of an authorized leave is subject to termination. An employee taking leave under this provision shall not be given any greater rights to a job than if the leave had not been taken.

8. Employee Notification. An employee who expects or anticipates taking a family or medical leave is required to notify the human resources director of the date of commencement and the expected duration of the leave at least 30 days in advance of the leave, or, if the need for the leave is not foreseeable, as soon as practicable. In cases where the need for leave is foreseeable, an employee’s failure to provide 30 days’ notice prior to taking the leave may result in denial or delay of leave. An employee requesting leave under this provision should submit a written request for leave to the human resources director.

J. Leave of Absence. An employee upon the recommendation of their supervisor and approval of the general manager may be granted a leave of absence without pay for a period not to exceed 90 calendar days. At the conclusion of the initial period for which granted, such leave may be extended for an additional period or periods; total absence not to exceed one year. No benefits will accrue during such leave.

No medical insurance will be paid for by the district on leave of absence or leave without pay for nonmedical and nondisciplinary reasons over 10 calendar days except as provided under Family and Medical Leave Act or California Family Rights Act. Employee may pay the cost of such medical insurance at the COBRA rate.

Such leaves shall be granted only for purposes which are in the best interest of the district.

Upon return from a leave of absence, the employee may be reinstated to a position equivalent in duties and salary to that which was held at the time that the request for leave was granted, there being a vacancy. A new anniversary date will be established.

Requirement of a reemployment physical is discretionary by the district.

1. Leave without pay shall be 30 days or less when an employee’s vacation leave is exhausted and in cases of illness, when sick leave also is exhausted.

Leave without pay will be requested in advance by the employee on a leave slip (Form 005). Approval in advance by the department head is required. Leave without pay shall be limited to conditions considered by the department head to be in the best interest of the district.

Requirement of a reemployment physical is discretionary by the district.

2. Leave without Pay, Service Date. Service dates shall be adjusted if the officer or employee is on leave of absence or any other nonpay status in excess of 30 consecutive calendar days so that no leave is earned during such period.

K. Military Leave. Military leave shall be in accordance with federal and state law.

L. Retraining and Study Leave. An employee may be granted a leave of absence not to exceed one year for the purpose of undertaking study or for retraining the employee to meet changing technological conditions in the district.

Such leave of absence shall not be deemed a break in service for any purpose, nor approved when the best interest of the district has failed to be established.

M. Jury Leave. Each officer or regular employee called for jury duty service or when appearing in court as a subpoenaed witness shall receive regular district compensation during the period to be served; any amount of payment received for jury duty or witness fee shall be assigned to the district. If any district employee has not cleared jury duty pay within 60 days after the end of the service, the amount owed the district will be deducted from the following paycheck. A leave slip for the period of absence shall be approved by the department head. Employees shall be required to provide human resources with verification of service. If verification of service is not provided within 60 days after the end of service, the time will be deducted from the employee’s vacation leave of record.

N. Minuteperson Leave.

1. Each officer or regular employee, while on duty, when called for fire or police duties during periods of emergency caused by fire, riot or an act of God, shall be obligated first to the district’s activities and protection. There being no district emergency, the person shall, while on said leave, receive their regular compensation during the period so served. Hours for which payment is received by the employee from other agencies for such service shall be deducted from district pay. A leave slip for the period of absence when accompanied by written verification of duty shall be approved by the general manager. The absence shall not be deducted from any earned leave.

2. Each officer or employee disabled while on minuteperson leave or voluntary service activities shall be granted leave without pay for the duration of the disability. The accrual of district benefits shall conform to those granted during leave of absence. (See subsection (J) of this section.)

In the event the length of absence and the nature of the employee’s duties require another employee to be hired, the return from minuteperson leave disability shall be at the level of responsibility and with duties designated by the general manager. Ultimate reemployment in any classification shall be agreeable to the department head and the individual.

A reemployment physical may be required.

O. Disability Leave. An employee whose physical condition prohibits carrying out their assigned duties shall be assigned disability leave for a period of up to 52 weeks, including any time eligible under Family and Medical Leave Act, California Family Rights Act, and pregnancy disability leave. Unless mandated by law, no benefits shall be earned.

Employees on disability leave shall contact their immediate supervisor weekly to report medical progress if physically able.

Medical and term life insurance premiums may be paid by the district at the discretion of the general manager. Premiums for other insurance benefits shall be the responsibility of the employee.

After 52 weeks, the employment may be terminated. Individuals may apply for employment upon recovery.

P. Family School Leave. Employees will be allowed up to 40 hours of unpaid leave, per year, to attend meetings at the school or licensed day care facility of dependent children through grade 12. The leave shall not exceed eight hours in any calendar month. Employees must give reasonable notice. Employees shall use floating holiday or accrued vacation leave, unless these leaves have been exhausted.

Q. Domestic Violence Leave.

1. The district provides employees who are victims of domestic violence with unpaid time off from work for the following reasons:

a. To seek medical attention for injuries caused by domestic violence.

b. To obtain services from a domestic violence shelter, program or rape crisis center as a result of domestic violence.

c. To obtain psychological counseling related to an experience of domestic violence.

d. To participate in safety planning and take other actions to increase safety from future domestic violence, including temporary or permanent relocation.

e. To obtain a temporary restraining order, restraining order or other court assistance.

2. Employees who are victims of domestic violence abuse must provide the district with reasonable advanced notice of the need for time off pursuant to this policy, unless advanced notice is not possible due to the circumstance. However, if an employee who is the victim of domestic violence abuse takes unscheduled time off pursuant to this policy, the employee must provide the district, within a reasonable period of time following the unscheduled time off, one of the following:

a. A police report indicating that the employee was a victim of domestic violence.

b. A court order protecting or separating the employee from the perpetrator of an act of domestic violence, or other evidence from the court or prosecuting attorney that the employee appeared in court.

c. Documentation from a medical professional, domestic violence advocate, health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence.

3. An employee who is a victim of domestic violence may use available vacation or floating holidays to take time off pursuant to this policy.

4. However, the amount of time off pursuant to this policy cannot exceed the unpaid leave time available under FMLA.

5. The district does not discriminate or retaliate against employees who are victims of domestic violence abuse and who take time off pursuant to this policy to ensure their own health, safety or welfare or that of their child/children.

R. Long Term Disability Insurance. Group salary continuation (long term disability) insurance coverage is required of each officer and regular employee. The monthly premium cost being at the employee’s expense through payroll deduction.

S. Life Insurance. The district will provide district employees with group term life insurance coverage of one and one-half times their annual salary with a minimum benefit of $50,000 to a maximum benefit of $350,000. Once an employee reaches the age of 65, the benefit is reduced to 65 percent of one and one-half times salary or $50,000, whichever is greater. The benefit percentage continues to be reduced on a set scale until the employee reaches the age of 70. At age 70, the maximum benefit is reached at 50 percent of one and one-half times salary or $50,000, whichever is greater. The district pays the full cost of the life insurance and AD&D insurance premiums for employees, spouses/domestic partners and eligible dependents.

At the time of retirement or termination, employees will be offered the option to convert the group term life insurance policy to an individual term life insurance policy. The employee has 30 days from their retirement or termination date to elect the conversion policy and pay premiums at their own expense.

Employees covered by nondiscriminatory employer-provided group life plans are taxed on the face amounts exceeding $50,000 as imputed income. The taxable amount is calculated using five-year age bracketed rates stipulated in regulations and referred to as Table l Rates.

T. Health and Welfare Program. All employees who are employed on a full-time basis and working 30 or more hours per week shall be eligible to participate in the group insurance plans provided by the district. Employees may enroll in a group insurance plan during open enrollment or if they have a qualified change in status.

The open enrollment period for the term of this contract will be during the first and second weeks in November of each year.

U. Employee Medical Plans. Employee medical benefits are considered an employment benefit and as such are subject to change. An employee should have no expectation of continuation and the employer reserves the right to alter the benefit for current employees subject to the negotiations process.

An employee is eligible for medical benefits after the completion of 30 days of continuous employment. An employee can cover his spouse/domestic partner (DP), dependents up to age 26, or a dependent who is mentally or physically handicapped. Domestic partners registered with the state of California will be eligible for medical, dental and vision coverage. If an employee has not enrolled in a medical plan within 30 days of their hire date, the employee will be placed in the lowest cost HMO plan.

1. Group Insurance Plans. The district will continue to provide two fully insured health maintenance organization (HMO) plans and one fully insured preferred provider organization (PPO) plan to eligible employees, spouses/domestic partners and their dependents through the remainder of the calendar year. Medical plans do not cover services outside the United States.

The district will provide three medical plan options – one HMO Plan, one PPO Plan and one other medical plan (EPO, HMO, POS or PPO) – to all eligible employees and their dependents for the term of the current MOU.

The medical plan(s) include(s) prescription drug benefits.

2. Medical Premiums (CVWDEA Members). The district will pay 80 percent of the total monthly premium cost for any group medical plan offered by the district for the duration of the current MOU. The employee will contribute 20 percent of the total monthly premium cost for the group medical plan he/she has elected for the calendar year.

3. Medical Premiums (ASSET Members). The district will pay 75 percent of the premium cost of medical insurance premiums per employee. The remaining 25 percent of the premiums will be paid for by the employee through payroll deduction.

4. Medical Premiums (ACVWDM Members). The district will pay 75 percent of the total insurance premiums for medical, dental, and vision insurance per employee and their dependents. The remaining 25 percent of the medical, dental and vision insurance premiums will be paid for by the employee on a pre-tax basis through payroll deduction.

V. Opt Out of Employee Medical Plans. The district will allow each employee to opt out of the district health care program if they are covered by another health plan. Any employee who provides to the district evidence of insurance under a separate policy and requests to be deleted from the district’s coverage shall receive $450.00 per month for the entire enrollment year. An employee can elect to opt out of or re-enroll in the medical plan during open enrollment or if they have a qualified change in status.

If the employee and spouse are both employed at the district, one of the employees may opt out of the medical plan and be covered as a dependent under their spouse’s plan. The employee does not receive a monetary amount for opting out of the medical plan. Participation in the dental and vision plans are mandatory and employees cannot opt out of these plans.

W. Retiree Medical Plans. Retiree medical benefits are considered a post-employment benefit and as such are subject to change, including federal and state laws, and any unforeseen and extraordinary circumstances that are not part of usual and customary business practices.

Premiums are paid on a monthly basis. At time of retirement, the employee must remain in the same elected district group medical plan and cannot upgrade plans at retirement.

1. For the duration of the current MOU, for retirees with 25 or more years of service, the district will pay 80 percent of the medical insurance premiums for retiree and eligible dependents for the duration of the current MOU. The retiree will be eligible to maintain the dependents that are on his/her plan at the time of retirement as long as the dependents remain eligible for coverage. The remaining 20 percent of the premiums will be paid for by the retiree on a monthly basis.

2. For Employees Hired after July 1, 2011. For the duration of the current MOU, for retirees with 15 or more years of service, the district will pay 80 percent of the medical insurance premiums for the retiree only for the duration of the current MOU. The remaining 20 percent of the premiums will be paid for by the retiree on a monthly basis.

3. For Employees Hired before July 1, 2011. For the duration of the current MOU, for retirees with 10 or more years of service, the district will pay 80 percent of the medical insurance premiums for the retiree only. The remaining 20 percent of the premiums will be paid for by the retiree on a monthly basis.

Retirees are not eligible for the dental plan. Immediately upon retirement, the retiree will be offered the opportunity to purchase dental insurance and pay premiums at their own expense through COBRA for a maximum of 18 months.

Retirees are not eligible for the vision plan. Immediately upon retirement, the retiree will be offered the opportunity to purchase vision insurance and pay premiums at their own expense through COBRA for a maximum of 18 months.

4. Retiree Medical Premiums. All premiums are due within 30 days of receipt of the invoice. After 30 days, a late notice will be sent along with the invoice for the following month’s premiums. If the medical premium invoice is 90 days past due, medical coverage may be canceled. If the retiree medical plan is canceled, a retiree cannot re-enroll in any district group retiree medical plan until open enrollment or if they experience a qualified change in status. Any additional costs beyond what the district had been paying at time of cancellation will be at the retiree’s expense.

If a retiree marries after his/her retirement date, the spouse is not eligible for district group medical plan benefits. Retirees will be offered a chance to choose a plan when eligible for benefits during open enrollment or after a qualified change in status.

When a retiree or eligible spouse/domestic partner becomes Medicare-eligible, the retiree or eligible spouse/domestic partner will no longer be eligible for the district group medical plans or prescription drug plans. At that time he/she would then enroll in a Medicare plan and, if eligible and at the discretion of the retiree, the medical supplemental insurance program.

5. Opt Out of Retiree Medical Plans. The district will allow each retiree to opt out of the district retiree health care program if they are covered by another retiree health plan. Any retiree who provides to the district evidence of insurance under a separate policy and requests to be deleted from the district’s coverage shall receive $450.00 per month for the entire enrollment year. A retiree can elect to opt out of or re-enroll in the medical plan during open enrollment or if they have a qualified change in status.

If the retiree and spouse are both retirees of the district, one of the retirees may opt out of the medical plan and be covered as a dependent under their spouse’s plan. The retiree does not receive a monetary amount for opting out of the retiree medical plan.

X. Dental Plan (CVWDEA Members). The district offers employees a self-insured PPO dental plan. Employees must enroll their spouse/domestic partner or eligible dependents in the plan. The district pays 80 percent of the total premium cost for employee and family coverage under the dental plan. An employee cannot opt out of the dental plan. The remaining 20 percent of the premiums will be paid for by the employee through payroll deduction on a bi-monthly basis.

Y. Vision Plan (CVWDEA Members). The district offers employees a self-insured PPO vision plan. Employees must enroll their spouse/domestic partner or eligible dependents in the plan. The district pays 80 percent of the total premium cost for employee and family coverage under the vision plan. An employee cannot opt out of the vision plan. The remaining 20 percent of the premiums will be paid for by the employee through payroll deduction on a bi-monthly basis.

Z. Dental Plan (ASSET Members). The district offers employees a PPO dental plan. Employees must enroll their spouse/domestic partner or eligible dependents in the plan. An employee cannot opt out of the dental plan.

The district will pay 75 percent of the premium cost of dental insurance premiums per employee. The remaining 25 percent of the premiums will be paid for by the employee through payroll deduction.

AA. Vision Plan (ASSET Members). The district offers employees a PPO vision plan. Employees must enroll their spouse/domestic partner or eligible dependents in the plan.

The district will pay 75 percent of the premium cost of vision insurance premiums per employee. The remaining 25 percent of the premiums will be paid for by the employee through payroll deduction.

AB. Dental Plan (ACVWDM Members). The district offers employees a self-insured PPO dental plan. Employees must enroll their spouse/domestic partner or eligible dependents in the plan. The premiums for the dental plan will be paid 75 percent by the district and 25 percent by the employee. An employee cannot opt out of the dental plan. Retirees are not eligible for the dental plan. Immediately upon retirement, the retiree will be offered the opportunity to purchase dental insurance and pay premiums at their own expense through COBRA for a maximum of 18 months.

AC. Vision Plan (ACVWDM Members). The district offers employees a self-insured PPO vision plan. Employees must enroll their spouse/domestic partner or eligible dependents in the plan. The premiums for the vision plan will be paid 75 percent by the district and 25 percent by the employee. An employee cannot opt out of the vision plan. Retirees are not eligible for the vision plan. Immediately upon retirement, the retiree will be offered the opportunity to purchase vision insurance and pay premiums at their own expense through COBRA for a maximum of 18 months.

AD. 125 Plan. The district will offer IRS 125 plan at no cost to the employee. The 125 plan is named after the Internal Revenue Code (IRS) 125, which governs all cafeteria plans. The plan provides each participant with an opportunity to pay for medical, dental, and vision premiums on a pretax basis. They may also participate in the pretax medical and dependent care reimbursement plan. The district will provide each employee an opportunity to participate in the plan once a year. Midyear participation is only available to new employees or those employees who have a qualified change in status. The maximum amount that you can contribute per year is based on IRS code for cafeteria 125 plans. The plan year begins on January 1st through March 15th of the following year.

The employee can roll over a maximum of $500.00 from one plan year to the next if it is unused. Any additional money left in the plan at the end of the plan year becomes the property of the district and will not be returned to the plan participant.

If any of the plans are held invalid or unenforceable by the IRS, its invalidity or unenforceability shall not affect any other provisions of the plan and the plan shall be construed and enforced as if such provision had not been included herein. If the entire plan is held invalid or unenforceable by the IRS, it shall not invalidate the current MOU.

AE. Supplemental Insurance. During the duration of the current MOU, ACVWDM and ASSET may use the district’s risk management and finance department to explore supplemental medical insurance programs that could be paid for by members after age 65 which may include ACVWDM and ASSET members’ continuation of group plan(s) provided by the district.

AF. Supplemental Medical Benefit (ACVWDM Only). The supplemental medical retirement benefit is offered to the management employees over the age of 65, provided they comply with all terms and conditions set forth in Resolution No. 2005-266 including not less than 12 years of service, obtained the age of 65, entitled to Medicare Part A, B and D coverage and purchase such coverage. The district will agree to reimburse the employee for the cost of this benefit. The district will offer supplemental medical prescription drug coverage through an approved insurance carrier. If the policy is not available for whatever reason or the employee elects to purchase coverage from a different carrier, the reimbursement for supplemental coverage will be limited to the cost of a Blue Cross supplemental plan for both medical and prescription drug coverage.

AG. Retirement.

1. Effective July 11, 2015, PERS members who are considered “classic” members contribute eight percent on a pretax basis toward the eight percent CalPERS employee contribution rate.

2. Employees who are considered to be “new” PERS members contribute 50 percent of the normal cost of the two percent at 62 CalPERS plan on a pretax basis.

3. The district contracts with CalPERS for the 2.5 percent at 55 retirement plan for “classic” members and two percent at 62 for “new” members.

4. The district contracts with CalPERS to include the ability for employees to purchase military service credit at their own expense.

5. The district contracts with CalPERS for the Pre-Retirement Option Settlement 2 Death Benefit.

AH. Voluntary Benefits.

1. Supplemental Life Benefits. All district employees will have the ability to purchase additional life insurance coverage any time during the year.

2. Short Term Disability. All district employees will have the ability to purchase additional short term disability insurance any time during the year.

3. Long Term Care. Long term care coverage is available to employees and their spouse/DP at their own expense during open enrollment.

4. Deferred Compensation. The district provides the employees with an opportunity to participate in a 457 deferred compensation supplemental retirement plan. This benefit is in addition to the PERS retirement plan.

5. 401(a) Plan (ACVWDM Only). The district will provide a 401(a) plan to the ACVWDM employees.

AI. Flexible Time. Temporary adjustments in work schedules for up to 90 days may be allowed for the convenience of the employee if requested by the employee and approved by the department head and general manager.

AJ. Safety Shoes.

1. The district shall provide “steel-toed” safety shoes for employees in classifications where foot injury hazards exist.

2. Employee will pick up requisition from claims/safety department and show need for replacement.

3. Employees provided safety shoes by the district may be subject to discipline for not wearing such shoes while on duty.

AK. 

1. Educational Reimbursement.

a. The maximum reimbursement for approved study courses is $3,000 per fiscal year.

b. The maximum reimbursement for job-related, approved degree programs at the third year of college level or above is $6,000 per fiscal year except that in no case shall the maximum educational reimbursement be greater than $6,000 per fiscal year. Officers and ACVWDM members will also be reimbursed for job-related certificate programs.

c. A passing grade of “C” or better or “pass” designation must be received to be eligible for reimbursement.

d. Reimbursement will be for tuition, registration and books when accompanied by proper receipts and documents.

e. Courses must be approved by human resources prior to taking courses.

f. Reimbursement will be for the fiscal year of course completion.

2. Continuing Education (ASSET and ACVWDM Only). ASSET and ACVWDM employees will be provided with paid time to attend continuing education courses (CEC) to obtain contact hours to satisfy the requirements for certifications under the following conditions:

a. The certification/license is required to satisfy the employee’s current job description.

b. The certification/license requires a specific number of contact hours for renewal.

c. The employee doesn’t already have the required number of contact hours/CEUs.

d. The employee has not attended the same CEC, program, or training event in the last 11 months.

e. The employee has completed the travel authorization request form (CVWD-140) and been approved by the general manager.

A list of approved certificates along with CEC requirements will be maintained by the human resources department. Employees wanting to attend CECs for certification outside of the requirements of their current job description may apply for assistance under the educational reimbursement program.

3. Continuing Education (CVWDEA Only). The district will allow up to 16 hours of paid time to attend classes for contact hours required for renewal of their current certification that is needed for their classification series. Time will not be used in overtime calculations.

AL. License and Certifications. The district will reimburse employees for any license or certification fee that is required by the district including any renewals, excluding Class C driver’s licenses.

AM. Compensatory Time. The district policy is there is no compensatory time.

AN. Catastrophic Leave. The Coachella Valley Water District offers a catastrophic leave program to give employees a chance to support their colleagues who are facing a major health crisis, whether their own or that of a family member. The program allows employees to provide assistance in the form of donated vacation and sick leave. It was developed as part of an effort to create a caring environment recognizing that many CVWD employees have expressed a desire to assist their coworkers in this way. While the program establishes a mechanism for leave transfers, participation is entirely voluntary.

The catastrophic leave program assists employees who have exhausted accrued leave time by allowing other employees to donate accrued vacation and sick leave to the eligible employee so that he/she can remain in a paid status for a longer period of time. Catastrophic leave donation and application procedures are outlined in the catastrophic leave policy.

AO. Alternative Work Schedule. An alternative work schedule (9/80 or 3/12 schedule) can be selected by the employee as his/her regular schedule. Such schedule must be approved by the general manager and follow the guidelines set in the alternative work schedule policy. (Ord. 1425.10 § 9, 2018)

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