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each year, in accordance with this section. Vacation time may be used in minimum increments of one (1) hour.
B. Full-Time Position employees are eligible for 120 hours of vacation annually upon beginning of employment. Full-time employees are eligible for additional vacation award upon the beginning of the employee’s years of service as noted below. 2 nd year 40 additional hours
4 th year 40 additional hours
6 th year 40 additional hours
The Chief Executive Officer, in the Chief Executive Officer’s sole discretion, may grant an additional 40 hours immediately upon hire for the purposes of recruitment in lieu of the 2nd year increase in number of awarded hours.
Non-full-time employees are not eligible for paid vacation under this policy.
C. Employee may have a vacation balance up to a limit of two (2) times the annual allotment.
Once employee reaches the maximum limit the employee will not receive any additional vacation time until the balance falls below the maximum limit. An annual cash out of up to 80 hours is permitted. CPA will designate certain times of the year when the cash-out option can be exercised. Annual vacation balances may not fall below 120 hours as a result of an employee exercising the cash-out option.
D. Employees may only request vacation time up to the available balance in their vacation bank.
E. Employees on an unpaid leave of absence will not receive an additional allotment of vacation.
Upon return, employee will receive the full vacation allotment that would have otherwise been available within the same benefit year.
F. Vacations are paid at the employee’s base rate of pay at the time of absence. Paid vacation time off is not counted as hours worked for purposes of calculating overtime.
G. Employees must obtain the written approval of their Supervisor before commencing their vacation. Approval should be requested at least two (2) weeks in advance of the date the vacation is expected to begin. Although efforts will be made to accommodate an employee’s request to take vacation at the time requested, Supervisors must consider the needs of CPA when evaluating requests. CPA reserves the right to decline an employee’s request to take a vacation at a particular time if it would be disruptive or inconvenient to CPA to grant the request.
H. Where two (2) or more employees file timely requests to take vacation during the same period and CPA is unable to grant each request, CPA will ordinarily grant the request of the employee with the longest period of service unless business reasons exist to deviate from that standard.
I. Employees shall be compensated for their remaining vacation balance upon separation from employment.
Paid Sick Leave
A. In General
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1. CPA endeavors to comply with the requirements of all state and local paid sick leaves.
Still, although this paid sick leave policy is intended to comply with the requirements of all state and local paid sick leave laws, some jurisdictions may have specific requirements not outlined in this policy. To the extent any applicable paid sick/safe time/leave or similar law or ordinance provides any greater rights than set forth in this policy, such provisions are incorporated by reference and/or addressed in a supplemental policy for covered employees. Please contact Human Resources with questions regarding your eligibility and entitlement to paid sick leave.
2. Sick leave may be used for an absence due to the following reasons: (1) diagnosis, care or treatment of an existing health condition for an employee or covered family member (as defined below); (2) preventive care for an employee or an employee’s covered family member; (3) for certain, specified purposes when the employee is a victim of a qualifying act of violence, or (4) any other reason required by applicable law. Sick leave may be used in minimum increments of thirty (30) minutes. Employees may begin using accrued sick time immediately.
3. For purposes of paid sick leave, a covered family member includes children (biological, adopted, or foster child; stepchild; legal ward of the child of a worker standing in loco parentis to the child); parents; grandchildren; grandparents; spouses; registered domestic partners; parents of a domestic partner; siblings; any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship; a “designated person” which is a person identified by the employee at the time the employee requests paid sick leave, and limited to one designated person per 12- month period; and any other individual required by applicable law.
4. For purposes of this policy, “qualifying act of violence” means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime: domestic violence; sexual assault; stalking; or an act, conduct, or pattern of conduct that includes any of the following: In which an individual causes bodily injury or death to another individual; In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
5. An employee’s use of sick leave will not be conditioned upon the employee searching for or finding a replacement worker for their period of absence.
6. Unless the employee advises CPA otherwise, we will assume, subject to applicable law, that employees want to use available sick leave for absences for reasons set forth above and employees will be paid for such absences to the extent they have sick leave available.
If the employee does not have sick leave available, employees must use any available vacation time before taking unpaid time off not otherwise covered by statutory unpaid leave of absence.
7. All Full-Time Position employees shall be entitled to sick leave in the amount of one day per month, a total of 96 hours annually, prorated and accrued each pay period. Accrued sick leave will be carried over each year.
8. All Part-Time Position employees anticipated to work more than 30 calendar days shall accrue paid sick leave benefits at the rate of one hour for each 30 hours worked. Accrued sick leave will be carried over each year but will be capped at 80 hours.
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9. Exempt employees are assumed to work forty (40) hours in each workweek unless their normal workweek is less than forty (40) hours, in which case sick leave accrues based upon that normal workweek.
10. For purposes of paid sick leave, the “year” is the consecutive 12-month period beginning January 1st and ending on December 31st.
11. Sick leave will accrue during any CPA-paid leave of absence, but not during an unpaid leave of absence. If an employee uses all accrued sick leave, but needs additional time off from work, the additional time may be allowed but the leave will be unpaid.
12. Sick leave is paid at the employee’s base rate of pay at the time of absence, unless otherwise required by applicable law. Sick leave is not counted as hours worked for purposes of calculating overtime.
13. Unused sick leave will not be paid out at separation from employment. Employees who are rehired within one (1) year of separation from employment may be eligible for reinstatement of previously accrued and unused paid sick leave.
14. Employees may only take sick leave up to the available balance in their sick leave bank.
If an employee has a zero balance in their sick leave bank, time off must be preapproved by the Director, Human Resources and shall be unpaid, unless otherwise required by applicable law.
B. Reporting Absence Because of Illness or Injury
Any employee who is unable to report to work due to an illness or injury must notify the employee’s Supervisor or other designated person by telephone or other means of communication prior to the scheduled reporting time for work on the first day of absence unless emergency conditions make it not practicable under the circumstances to do so, as determined by the responsible Supervisor, in which case notice must be provided as soon as practicable. The Supervisor should also be contacted each additional day of absence for absences lasting three (3) or fewer consecutive days. Should an employee’s absence extend beyond three (3) consecutive workdays for medical illness or injury, a doctor’s release must be obtained and given to the Supervisor as soon as possible and prior to the employee’s return to work, to the maximum extent permitted by applicable law. The Supervisor must provide the doctor’s release to the Director, Human Resources and the release must be placed in the employee’s personnel file.
Pregnancy Disability Leave
A. Eligibility. Under the California Fair Employment and Housing Act (“FEHA”), employees who are disabled by pregnancy, childbirth or related medical conditions are eligible to take a pregnancy disability leave (“PDL”) and to request reasonable accommodation. Employees who are affected by pregnancy or a related medical condition are also eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if such a transfer is medically advisable.
B. Leave Entitlement. Employees will be eligible to take unpaid Pregnancy Disability Leave (“PDL”) for any period or periods of actual disability caused by an employee’s pregnancy, childbirth or related medical conditions for up to four (4) months (the working days an employee normally would work in one-third of a year or 17.33 weeks or 122 days) per pregnancy. The employee will be returned to the same job when the employee is no longer disabled by pregnancy or, in certain instances, to a comparable job. For a Full-Time Employee
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who works 40 hours per week, “four months” is 693 hours of leave entitlement based on 40 hours per week times 17.33 weeks. If an employee's schedule varies from month to month, a monthly average of the hours worked over the four months prior to the beginning of the leave shall be used for calculating the employee's normal work month. However, a pregnancy-disabled employee who exhausts the employee’s four (4) months of PDL may also be entitled to additional leave under the FEHA, as a reasonable accommodation for a disability, and/or under the FMLA/CFRA (as applicable).
C. Usage. PDL does not need to be taken in one continuous period of time but can be taken on an as-needed basis. Time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, gestational diabetes, pregnancy-induced hypertension, preeclampsia, childbirth, postpartum depression, loss or end of pregnancy, and/or recovery from childbirth or loss or end of pregnancy would all be covered by PDL. At the employee’s option, the employee can use any vacation or other accrued time off as part of the employee’s PDL before taking the remainder of the employee’s leave as unpaid leave. The employee may also be eligible for state disability insurance for the unpaid portion of the employee’s leave.
D. Notice. To receive a reasonable accommodation, obtain a transfer, or take a PDL, employees must provide sufficient notice so CPA can make appropriate plans – thirty (30) days advance notice if the need for the reasonable accommodation, transfer or PDL is foreseeable, or as soon as practicable if the need is an emergency or unforeseeable.
E. Medical Certification. Employees may be required to obtain a certification from their health care provider regarding their need for PDL or the medical advisability of an accommodation or a transfer, to the extent permitted by applicable law. Where required, the certification in support of a request for a reasonable accommodation should include:
1) a description of the requested reasonable accommodation or transfer; 2) a statement describing the medical advisability of the reasonable accommodation or transfer because of pregnancy; and
3) the date on which the need for reasonable accommodation or transfer became or will become medically advisable and the estimated duration of the reasonable accommodation or transfer.
Where required, a medical certification in support of a request for PDL is sufficient if it contains:
1) a statement that the employee needs to take pregnancy disability leave because the employee is disabled by pregnancy, childbirth or a related medical condition; 2) the date on which the employee became disabled because of pregnancy; and 3) the estimated duration of the leave.
Upon request, Human Resources will provide a medical certification form that can be taken to a health care professional. As a condition of returning from PDL, employees must obtain a release to return to work from a health care provider stating that they are able to resume their original job duties with or without a reasonable accommodation.
F. Benefits. CPA will maintain and pay for group health benefits during the employee’s PDL as if the employee was actively working during the leave, up to a maximum of four months within a 12-month period (commencing on the date the PDL begins). If employees take their full PDL and their full California Family Rights Act (“CFRA”) leave for baby bonding, CPA will maintain health coverage for up to seven months (see below for more details on CFRA).
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G. Leave is Unpaid. PDL is unpaid. However, at an employee’s option, an employee may use any accrued paid time off as part of PDL before taking the remainder of leave on an unpaid basis. The use of any paid leave will not extend the duration of PDL. We encourage employees to contact the EDD regarding eligibility for state disability insurance for the unpaid portion of leave.
H. Leave Concurrent with Family and Medical Leave. For employees who are eligible for leave under the federal Family and Medical Leave Act, PDL will also be designated as time off under the Family and Medical Leave Act, but not the California Family Rights Act. Please refer to the “Family and Medical Leave” policy in this Handbook for additional information.
I. Return to Work. Employees who do not return to work on the originally scheduled return date or request in advance an extension of the agreed upon leave with appropriate medical documentation may be deemed to have voluntarily terminated employment with CPA.
Failure to notify CPA of (1) the ability to return to work when it occurs or (2) continued absence from work because leave must extend beyond the maximum time allowed may be deemed a voluntary termination of employment with CPA, unless you are entitled to Family and Medical Leave or other leave pursuant to applicable law. Taking PDL may impact certain benefits, such as vacation allocation amount and paid sick leave accruals. For more information regarding eligibility for a leave and the impact of the leave on seniority and benefits, please contact Human Resources.
Family Medical Leave Act and California Family Rights Act A. Permissible Purposes of FMLA/CFRA: The federal Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) provide eligible employees the opportunity to take unpaid, job-protected leave for certain specified reasons. FMLA and/or CFRA leave may be taken for any one, or a combination of, the following reasons:
1. bonding and/or caring for the employee’s newborn child;
2. the placement of a child with the employee in connection with an adoption or foster care and to care for the newly placed child;
3. to care for the employee’s spouse, child, or parent (but not in-law) with a serious health condition;
4. to care for the employee’s registered domestic partner, grandparent, grandchild, sibling, parent-in-law, or designated person selected at the time leave is requested (an employee is limited to one designated person per 12-month period) with a serious health condition (CFRA only, except when grandparent, grandchild, or sibling meets FMLA definition of parent or child);
5. due to the employee’s own serious health conditions* that prevents the employee from performing one or more of the essential functions of the employee’s position;
6. because of a qualifying exigency arising out of the fact that an employee’s spouse, registered domestic partner, child, parent, or parent-in-law is a military member on covered active duty status (or has been notified of an impending call or order to covered active duty status) in the Reserve component of the Armed Forces for deployment to a foreign country in support of a contingency operation or Regular Armed Forces for deployment to a foreign country (leave taken for a registered domestic partner or parent-in-law counts towards CFRA only); or
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7. Military caregiver leave for an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember with a serious injury or illness. *Disability or serious health condition due to pregnancy, prenatal medical care or childbirth is FMLA covered leave but does not count toward CFRA leave. Please see the Pregnancy Disability Leave policy for further information on this type of leave.
Employees who are CFRA-eligible have certain rights to take both a pregnancy disability leave (“PDL”) and a CFRA leave for reason of the birth of a child.
To the maximum extent permitted by law, any leave of absence that is granted to an employee under this policy or any other policy for a purpose specified above shall be credited against the applicable 12-week or 26-week limit contained in this policy.
B. Definition of Serious Health Condition: Under the FMLA, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves a period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a medical care facility, hospice, or residential health care facility; or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job or prevents the qualified family member from participating in school or other daily activities.
Under the CFRA, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with such inpatient care, or any period of incapacity; or continuing treatment by a health care provider, including but not limited to treatment for substance abuse. The CFRA defines “inpatient care” broadly and includes a stay in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with inpatient care, or any period of incapacity. A person will be considered an “inpatient” when they are formally admitted to a health care facility with the expectation that they will remain at least overnight and occupy a bed, even if the person is ultimately discharged or transferred to another facility and does not actually remain overnight. The CFRA defines “incapacity” as the inability to work, attend school, or perform other regular daily activities due to a serious health condition, its treatment, or the recovery that it requires.
C. Continuing Treatment Requirement: Under the FMLA and CFRA, subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
D. Military Exigency: Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty, and attending post-deployment reintegration briefings.
A “covered servicemember” is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary retired list, for a serious injury or illness. These individuals are referred to in this policy as “current members of the
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Armed Forces.” Covered servicemembers also include a veteran who is discharged or released from military service under conditions other than dishonorable at any time during the five (5) year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness. These individuals are referred to in this policy as “covered veterans.”
The FMLA definitions of a “serious injury or illness” for current Armed Forces members and covered veterans are distinct from the FMLA definition of “serious health condition” applicable to FMLA leave to care for a covered family member.
E. Leave of Workers’ Compensation and Paid Family Leave: A leave of absence in connection with a workers’ compensation injury/illness or for which an employee receives disability or State of California Paid Family Leave benefits shall run concurrently with FMLA/CFRA leave.
F. Length of Leave. If the reason for leave is common to both FMLA and CFRA, and, therefore, running concurrently, the maximum amount of FMLA/CFRA leave will be 12 workweeks in any 12-month period (with the exception of military caregiver leave). If the reason for leave is not common to both FMLA and CFRA and, therefore, not running concurrently, then an eligible employee may be entitled to additional leave under applicable law.
When the reason for leave is bonding leave or family care leave under FMLA and both spouses work for CPA and are eligible for leave under this policy, the spouses will be limited to a total of 12 workweeks off between the two (2) of them under FMLA. However, CPA will not limit the employees’ entitlement to CFRA for any qualifying reason.
The maximum amount of FMLA leave for an employee wishing to take military caregiver leave will be a combined leave total of 26 workweeks in a single 12-month period, which begins on the date of the employee’s first use of such leave and ends 12 months after that date.
FMLA/CFRA leave usually will be taken for a period of consecutive days, weeks, or months.
However, employees are also entitled to take FMLA/CFRA leave intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member or the serious injury or illness of a covered servicemember. Intermittent leave can also be taken for any qualifying exigency.
Intermittent or reduced work schedule leave may be taken for absences where the employee or family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if they do not receive treatment by a health care provider.
Employees are also eligible for intermittent leave for bonding with a child following birth or placement. The CFRA generally permits employers to require that intermittent leave for bonding purposes be taken in two-week increments, so long as the employer allows two occasions where the leave may be for less than two weeks. CPA generally does not restrict intermittent leave, allowing for employees to take intermittent leave as needed for purposes of child bonding. However, CPA reserves the right to apply intermittent leave consistent with applicable law at its discretion.
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G. Eligible Employees. An employee’s eligibility is determined from the date the FMLA and/or CFRA leave is scheduled to begin, not the date of notice. An employee can request FMLA and/or CFRA leave before meeting the eligibility requirement as long as eligibility is met by the first day of leave. Under FMLA and CFRA an eligible employee is one who meets the following criteria:
1. Has completed an aggregate of 12 months of CPA service in the preceding seven (7) years, which need not be consecutive;
2. Has worked at least 1,2501 hours during the 12-month period immediately preceding the first day of leave; and
3. Currently works at a location where there are at least 50 employees within 75 miles (FMLA only).
An employee who is not eligible for CFRA leave at the start of a leave because the employee has not met the 12-month length of service requirement can meet this requirement while on leave because leave to which the employee is otherwise entitled counts toward length of service requirement (but not the 1,250 hours requirement).
H. Identifying the 12-Month Period. CPA measures the period of 12 months in which leave is taken beginning with the first day of the employee uses FMLA and/or CFRA leave and starts their “leave year” if the employee is taking leave on a continuous basis. In cases of intermittent leave, the “leave year” is established by the certification date, even if the employee does not immediately have FMLA and/or CFRA absences. In addition, FMLA/CFRA leave for the birth or placement of a child for adoption or foster care must be concluded within 12 months of the child’s birth or placement.
I. Notification Responsibilities. When leave is foreseeable (e.g. expected date of birth or planned medical treatment), the employee must provide notice at least thirty (30) days’ notice before FMLA and/or CFRA leave is to begin. If thirty (30) days’ notice is not possible, due to lack of knowledge or an emergency, notice must be given as soon as possible absent extenuating circumstances.
An employee must consult with that employee’s Supervisor and make a reasonable effort to schedule the leave to not unduly disrupt CPA’s operation when planning intermittent leave for medical treatment for the employee or the employee’s family member. Employees are expected to consult with their Supervisor prior to the scheduling of treatment in order to work out a schedule which best suits the needs of both the department and the employee. If an employee neglects to consult with the Supervisor, the Supervisor may initiate discussions with the employee and require the employee to attempt to make such arrangements, to the extent permitted by applicable law.
Employees requesting FMLA/CFRA leave are entitled to receive written notice from CPA telling them whether they are eligible for FMLA and/or CFRA leave and, if not eligible, the reasons why they are not eligible. When eligible for FMLA/CFRA leave, employees are entitled to receive written notice of: 1) their rights and responsibilities in connection with such leave; 2) CPA’s designation of leave as FMLA/CFRA-qualifying or non-qualifying, if not 1 Special hours of service requirements apply to airline flight crew employees.
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FMLA/CFRA-qualifying, the reasons why; and 3) the amount of leave, if known, that will be counted against the employee’s leave entitlement.
It is the Director, Human Resources’ responsibility to designate FMLA and/or CFRA leave.
However, it is the employee’s obligation to provide the Director, Human Resources with sufficient information to allow the Director, Human Resources to make the designation.
Calling in “sick,” without providing the reasons for the needed leave, will not be considered sufficient notice for FMLA/CFRA leave under this policy. Employees must respond to CPA’s lawful questions to determine if absences are potentially FMLA/CFRA-qualifying.
If employees fail to explain the reasons for FMLA/CFRA leave, the leave may be denied.
When employees seek leave due to FMLA/CFRA-qualifying reasons for which CPA has previously provided FMLA/CFRA-protected leave, they must specifically reference the qualifying reason for the leave or the need for FMLA/CFRA leave.
CPA will respond to a leave request within 5 business days. Once given, approval shall be deemed retroactive to the date of the first day of the leave. CPA may designate FMLA/CFRA leave retroactively with appropriate notice and provided that doing so does not cause harm or injury to the employee. In other cases, CPA and employee can mutually agree that leave is retroactively designated as FMLA/CFRA leave.
J. Certification by Health Care Provider. If an employee requests a leave due to a serious health condition of the employee or a family member, the employee must support the request with a certification issued by the health care provider of the individual with the serious health condition. The certification should include the following information:
1. The date, if known, on which the serious health condition commenced;
2. The probable duration of the condition (if known);
3. an estimate of the amount of time that the health care provider believes that the employee needs to care for the individual requiring the care; and
4. a statement that the serious health condition warrants participation of a family member to provide care during a period of treatment or supervision of the individual requiring care (if applicable).
If an employee requests intermittent leave for planned medical treatment, the certification should specify the dates on which such treatment is expected to be given and the duration of such treatment. If the time estimated by the health care provider under (3) above expires, the employee must submit a recertification if the employee desires additional leave. In addition, extensions generally will not be granted that cause the total period of the leave to exceed the applicable 12-week or 26-week limitation identified above, unless otherwise provided by applicable law.
Second or third certifications will be required from health care providers only in the event CPA has reason to doubt the initial certification of an employee’s need for leave due to the employee’s own serious health condition. Recertification of the need for leave due to an employee’s or family member’s serious health condition will be requested only when the original certification has expired.
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K. Health Insurance Benefits. During FMLA and/or CFRA leave, CPA will fully cover the cost of health care premiums, maintaining group health plan coverage for eligible employees as if they had continued working. Employees who choose not to receive CPA’s health care coverage may instead elect a medical, dental, and vision cash-out option. This benefit, whether in the form of premium payment or cash-out, will continue throughout the duration of the employee’s FMLA/CFRA leave or any other statutory leave.
Upon exhaustion of statutory leave protections, CPA’s obligation to cover health care premiums or provide the medical cash-out benefit will end. After this point, health plan coverage may be available under COBRA or other applicable continuation rights, as permitted by law..
L. Substitution of Paid Leave for Unpaid Leave. Employees must use accrued vacation or paid sick leave (to the maximum extent permitted by applicable law) while on unpaid FMLA/CFRA leave. The substitution of paid time for unpaid FMLA/CFRA leave time does not extend the length of FMLA/CFRA leaves and the paid time will run concurrently with an employee’s FMLA/CFRA entitlement.
Upon written request, CPA will allow employees to use accrued vacation or paid sick leave to supplement any applicable paid disability, Workers’ Compensation or other monetary benefits. Receipt of disability benefits, Workers’ Compensation benefits or other monetary benefits does not extend the maximum amount of leave time to which an employee is eligible under the FMLA/CFRA.
M. Employee Status. Employees will retain their employee status during the period of a family and medical leave. Moreover, their absence shall not be considered a break in service for purposes of determining their longevity or seniority. Once an employee returns from a leave, the employee will be credited with all seniority and service accrued before the leave of absence began. However, the employee will not accrue seniority during the leave.
N. Reemployment Privileges. Upon returning from FMLA/CFRA leave, employees will typically be restored to their original position or to an equivalent position with equivalent pay, benefits and other employment terms and conditions. Use of FMLA/CFRA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee’s FMLA/CFRA leave. An employee who takes a leave of absence because of an employee’s own serious health condition must provide a medical certification verifying that the employee is able to return to work in the same manner as employees who return to work from other types of medical leave.
O. Failure to Return: If an employee fails to return to work as scheduled after FMLA/CFRA leave or if an employee exceeds the 12-week FMLA/CFRA entitlement, the employee will be subject to CPA’s other applicable leave of absence, accommodation and attendance policies. This may result in termination if the employee has no other CPA-approved leave available that applies to the continued absence, unless otherwise provided by applicable law.
P. Questions & Enforcement. If an employee has questions regarding this policy, please contact Human Resources. CPA is committed to complying with the FMLA and CFRA and, whenever necessary, shall interpret and apply this policy in a manner consistent with the FMLA and CFRA.
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The FMLA makes it unlawful for employers to: 1) interfere with, restrain, or deny the exercise of any right provided under FMLA; or 2) discharge or discriminate against any person for opposing any practice made unlawful by FMLA or involvement in any proceeding under or relating to FMLA. If employees believe their FMLA rights have been violated, they should contact Human Resources immediately. CPA will investigate any FMLA complaints and take prompt and appropriate remedial action to address and/or remedy any FMLA violation. Employees also may file FMLA complaints with the United States Department of Labor or may bring private lawsuits alleging FMLA violations.
Other State Family Medical Leaves (Non-California Employees) In addition to FMLA, CPA complies with the requirements of all state family and medical leave laws. To the extent any applicable family leave law or ordinance provides any greater rights than those set forth above, such provisions are incorporated by reference and/or addressed in a supplemental guidance for covered employees. If you are an employee outside of California, please contact Human Resources with questions regarding your entitlement to family and medical leave under state law.
Paid Parental Leave
In an effort to give parents additional flexibility and time to bond with a new child, CPA will provide up to twelve (12) weeks of fully Paid Parental Leave to eligible employees at their regular rate of pay in connection with the birth of an employee’s child or the placement of an adopted or foster child within an employee’s home. Paid Parental leave is not designed to coordinate with California’s State Disability and/or Paid Family Leave (“PFL”) benefits. The employee should not apply for State Disability and/or PFL wage replacement benefits during an employee’s Paid Parental Leave.
A. Eligibility
To be eligible under this policy, the employee must have successfully completed their introductory evaluation period, and meet one of the following criteria:
• Have given birth to a child; or
• Be a spouse or committed partner of an individual who has given birth to a child either as the intended parent or via surrogate; or
• Have adopted or are fostering a child who is 17 years old or younger; this does not apply to the adoption of a stepchild by a stepparent.
Parental Leave described in this policy shall be available for a 12-month period following the birth, adoption, or fostering of a child. Upon exhaustion of paid parental leave, employees on continued approved unpaid leave of absence may elect to apply for State Disability and/or PFL wage replacement benefits and may elect to supplement the payments received under these programs by using sick or vacation to receive 100% of the employee’s salary. The fact of multiple births, adoptions, or foster placements does not increase the length of Parental Leave. This leave runs concurrently to FMLA and/or CFRA leave as applicable, as well as any other applicable state family medical leave, to the maximum extent permitted by applicable law.
B. Leave Notice
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Employees shall notify the Director, Human Resources of the need for Parental Leave and include the estimated timing and duration of such leave at least sixty (60) calendar days in advance of the need for leave, where practical. If the need for leave under this policy is not foreseeable, employees must give notice of the leave to their Supervisor as soon as practical.
Bereavement Leave
A. All employees shall be entitled to three (3) days paid leave and an additional two (2) days of unpaid leave in the event of a death of a qualifying family member of the employee. Qualifying family members include:
• Parents
• Siblings/siblings-in-law
• Grandparents
• Parents-in-law
• Spouse or registered domestic partner
• Children
• Grandchildren
• Any other person whose association with the employee is similar to “immediate family,” with advance approval of the Chief Administrative Officer or Director, Human Resources.
B. The five (5) days do not need to be taken consecutively; they can be intermittent. However, the employee must complete the bereavement leave within three (3) months of the family member’s date of death.
C. An employee must provide reasonable notice to the employee’s Supervisor of the intent to use bereavement leave.
D. CPA may require that the employee provide documentation of the death of the family member, including a death certificate, published obituary, or written verification of death, burial, or memorial services. The documentation, if requested, must be provided within 30 days of the first day of bereavement leave. The request for leave and any related documentation will be maintained as confidential, and only disclosed as required by law.
E. Any paid portion of bereavement leave will be paid at the employee’s base rate of pay at the time of absence for the number of hours the employee otherwise would have worked that day. Bereavement leave is not counted as hours worked for purposes of calculating overtime.
F. Employees may use available sick or vacation leave for any portion of unpaid bereavement leave taken this section. The substitution of paid time for unpaid leave time does not extend the length of leave and the paid time will run concurrently with an employee’s bereavement leave entitlement.
Paid Caregiver Leave
A. An employee who has been employed with CPA for at least one (1) calendar year and who is off work to care for the employee’s parent or stepparent with a serious health condition, may be eligible to receive paid caregiver leave (PCL) benefits for up to six (6) weeks in a 12- month period while on an approved unpaid leave of absence. Additionally, employees may
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receive no more than a cumulative total of twelve (12) weeks of PCL taken under this policy throughout their employment with CPA.
B. For purposes of this policy, a serious health condition shall follow the same definition as provided under CPA’s Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) policy. Covered family members include the employees parent or step-parent.
C. Eligible employees on an approved leave of absence will receive a weekly monetary benefit of up to 100% of the employee’s average weekly wage for up to six (6) weeks while on leave.
To the extent any employee takes an approved leave on an intermittent basis, PCL benefits may also be utilized for such periods of leave.
D. Employees will not be permitted to utilize PCL and paid time off benefits to receive payment above their regular rate of pay.
E. Receipt of PCL benefits will not affect an employee’s eligibility to receive benefits continuation during an approved leave of absence, if such continuation is required by applicable law.
F. Employees who need to take time off work for any of the reasons set forth above may contact the Director, Human Resources for information about CPA’s PCL program and how request benefits. Employees should maintain regular contact with the Director, Human Resources while absent from work so CPA may monitor employees’ return-to-work status.
G. Any time off for PCL purposes will run concurrently with other leaves of absence, such as Family and Medical Leave/California Family Rights Act Leave, if applicable. Please see the “Family and Medical Leave/California Family Rights Act” policies for eligibility requirements.
H. PCL is a CPA-provided benefit only and not otherwise required by law, and as such is subject to modification at any time, including discontinuation, with or without notice, at the sole discretion of CPA.
Jury Duty and Witness Leave
A. CPA encourages employees to fulfill their civic responsibilities by serving jury duty when required or to be a witness in a legal proceeding. It is the policy of CPA to pay a maximum of 40 hours for jury duty service, unless otherwise required by applicable law. However, should it be deemed necessary to serve beyond the maximum number of paid days, the employee should notify the Director, Human Resources in advance who may exercise the option of extending the number of paid hours. For non-exempt employees, jury duty pay will be calculated on the employee’s regular pay rate times the number of hours the employee would otherwise have worked on the day of absence. Exempt employees will receive full pay while serving up to five (5) days of jury duty, however, should that time extend further, exempt employees’ salaries will not be reduced for jury duty, except for weeks in which they perform no work for CPA. Employees may elect to use any available vacation time during an otherwise unpaid jury duty leave. The substitution of paid time for unpaid leave time does not extend the length of leave and the paid time will run concurrently with any jury duty leave entitlement. An employee may be required by law to appear in court as a witness for a non-CPA related matter. CPA provides unpaid time off for this purpose. Employees may elect to use any available sick or vacation time during an otherwise unpaid witness leave.
B. Employees must show the jury duty or witness summons/subpoena to their Supervisor as soon as possible so that the Supervisor may plan to accommodate the employee’s absence.
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The employee is expected to report for work whenever the court schedule permits, to the extent permitted by applicable law. Upon completion of such service, the employee must furnish a Certificate to CPA from the court showing dates served. Failure to provide CPA with a certificate from the court will be treated as an unpaid absence from work. Employees may retain any mileage allowance or other fee paid by the court for jury services.
C. Either CPA or the employee may request that the court excuse an employee from jury duty if, in CPA’s judgment, the employee’s absence would create serious operational difficulties.
Workers’ Compensation
In accordance with state law, CPA provides insurance coverage for employees in case of a work-related injury. CPA or its insurance carrier may not be liable for the payment of workers’ compensation benefits for any injury which arises out of an employee’s voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee’s work-related duties. To ensure that employee receives any workers’ compensation benefits to which employee may be entitled, employee will need to:
• Immediately report any work-related injury to employee’s Supervisor. • Seek medical treatment and follow-up care if required. • Complete a written Employee’s Claim Form (DWC Form 1) and return it to employee’s Supervisor.
• Provide CPA with certification from employee’s health care provider regarding the need for workers’ compensation disability leave and/or the employee’s ability to return to work from the leave.
Other Leave
A. Family School Partnership Leave
In accordance with Labor Code Section 230.7, upon reasonable advance written notice to an employee’s Supervisor, an employee who is the parent or guardian of a pupil may take time off to appear in the school of that pupil pursuant to a request made under Education Code Section 48900.1.
B. Family School Partnership Leave (School or Child Care Related Activities)
1. In accordance with Labor Code Section 230.8, upon reasonable advance written notice to an employee’s Supervisor, an employee who is the parent, guardian, or grandparent of a child who is in kindergarten, grades one through twelve, inclusive, or attending a licensed child care provider, is entitled to take unpaid leave to participate in activities of that child’s school or licensed child care provider. Leave may also be taken to address a child care provider or school emergency.
2. Employees are eligible for 40 hours of unpaid leave per year for family school leave. Leave taken to participate in activities of the employee’s child’s school or licensed child care provider may not exceed eight (8) hours in any calendar month. The total amount of leave is per employee and is not conditioned on the number of children, grandchildren, or wards that the employee may have. Upon return to work, the employee must provide the employee’s Supervisor with reasonable written evidence that the employee participated in the school or child care activity at a specific date and time.
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3. Any employee who takes family school leave must use any available vacation or other appropriate paid leave for the period of the absence. However, if an exempt employee does not have paid leave benefits available to cover some or all of the period of the absence, the employee’s salary shall not be affected.
C. Leave for Qualifying Acts of Violence
1. An employee who is a victim or whose family member is a victim of a qualifying act of violence, may take up to twelve (12) weeks of unpaid leave in any 12-month period for the following reasons:
• To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim. • To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence. • To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
• To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence. • To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
• To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
• To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
• To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence. • To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
• To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
2. If any employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employee may only take a leave of ten (10) days under this policy. If an employee’s family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave to relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare, the employee may only take leave for five (5) days.
3. For purposes of this policy, “family member” means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, or designated person. “Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the
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employee at the time the employee requests the leave may only designate one person per 12-month period.
4. For purposes of this policy, “qualifying act of violence” means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
• domestic violence;
• sexual assault;
• stalking; or
• an act, conduct, or pattern of conduct that includes any of the following:
o In which an individual causes bodily injury or death to another individual; o In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or o In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
5. CPA may require proof of an employee’s participation in these activities. Whenever possible, employees must provide the Director, Human Resources reasonable notice before taking any time off under this policy.
6. Leave under this policy is unpaid, but employees may substitute any paid vacation or sick time off benefits for the unpaid leave provided under this policy. Leave under this policy does not extend the time allowable under the “Family and Medical Leave Act” and “California Family Rights Act” Policies.
7. No employee will be subject to discrimination or retaliation because of the employee’s status as a victim or whose family member is a victim of a qualifying act of violence. An employee who is a victim, or whose family member is a victim, of a qualifying act of violence may request workplace accommodations such as a transfer, schedule modification, safety measures, or referral to victim assistance. CPA will engage in a good faith interactive process to determine reasonable accommodations, considering any immediate danger, as long as it does not cause undue hardship on business operations.
D. Leave for Volunteer Firefighters, Reserve Police Officers, and Emergency Rescue Personnel
1. Leave for Emergency Duty. In accordance with Labor Code Section 230.3, an employee may take time off to perform emergency duty as a volunteer firefighter, reserve police officer, or emergency rescue personnel.
2. Leave for Training. In accordance with Labor Code Section 230.4, an employee who is a volunteer firefighter, reserve police officer, or emergency rescue personnel may take up to 14 days of unpaid leave per calendar year for the purpose of engaging in fire or law enforcement training. Leave under this policy is unpaid, but employees may substitute any accrued paid time off benefits for the unpaid leave provided under this policy.
E. Civil Air Patrol Leave
Employees who volunteer as part of the California Wing of the civilian auxiliary of the United States Air Force (known as “Civil Air Patrol”) may be entitled to an unpaid leave of absence to respond to certain emergency situations. Eligible employees may take up to 10 days per calendar year of unpaid Civil Air Patrol Leave to respond to an emergency
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operational mission of the California Wing of the Civil Air Patrol. Leave is limited to three (3) days on any one occasion but may be extended if authorized by the government entity that called for the mission and if CPA agrees. This leave is not applicable to employees who are required to respond to emergency operational missions as a first responder or disaster services worker for a local, state, or federal agency.
To be eligible for leave under this policy, the employee must have been employed by CPA for at least 90 days immediately preceding commencement of the leave. An employee is required to provide CPA with as much notice as possible of the intended leave dates. CPA may require an employee to submit certification from the Civil Air Patrol to verify the employee’s eligibility.
During this leave, employees may elect to substitute vacation benefits if available. Upon expiration of this leave, an employee is entitled to reinstatement to the same or an equivalent position, consistent with applicable law.
F. Military Leave
If an employee is called to active duty in the U.S. military, Reserves, or California National Guard, they are eligible for unpaid military leave of absence in accordance with state and federal law. Eligible employees must present their supervisor or the Director, Human Resources with a copy of their service papers as soon as received. During an employee’s absence, their length of service continues to accumulate, and their benefits will continue as required by applicable law. Upon application within the appropriate time period after the employee’s date of discharge from military service, they will receive the then-current rate of pay and the then-current benefits.
If an employee is required to attend yearly Reserves or National Guard duty, the employee may apply for an unpaid temporary military leave of absence not to exceed 17 days (including travel).
If an employee prefers, they may use their earned vacation time for this purpose. Employees should give their supervisor as much advance notice as possible so the Company can ensure proper coverage while the employee is on leave.
G. Time Off For Military Spouses
If an employee works, on average, at least twenty (20) hours per week and their spouse is a qualified member of the United States Armed Forces, the National Guard, or the Reserves, the employee is eligible to take leave for a period of up to ten (10) days while their spouse is home during a qualified leave period. Within two (2) business days of receiving official notice that their spouse will be on leave, the employee must provide notice to their supervisor or the Director, Human Resources of their intent to take military spouse leave. The employee must submit written documentation to their supervisor or the Director, Human Resources certifying that during the requested time off, their spouse will be on leave from deployment during a period of military conflict. Leave granted under this policy is unpaid. Leave under this policy is unpaid, but employees may substitute any paid vacation time off benefits for the unpaid leave provided under this policy.
For the purposes of this policy, the following definitions apply:
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“Qualified Member” means any of the following:
(a) A member of the U.S. Armed Forces who is deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States; or
(b) A member of the National Guard who is deployed during a period of military conflict; or
(c) A member of the Reserves who is deployed during a period of military conflict. “Period of Military Conflict” means any of the following:
(a) A period of war declared by the U.S. Congress; or
(b) A period of deployment for which members of the Reserves are ordered to active duty.
“Qualified Leave Period” means the period during which the qualified member is on leave from deployment during a period of military conflict.
H. Organ and Bone Marrow Donation Leave
Employees who have been employed at least ninety (90) days may request a paid leave of absence of up to thirty (30) business days in a one-year period to donate an organ to another person, or up to five (5) business days in a one-year period to donate bone marrow. An additional unpaid leave of up to 30 business days in a one-year period may be granted to an employee donating an organ. The one-year period is 12 consecutive months measured from the date the employee’s leave begins. Employees must support the request for leave with written verification that the organ or bone marrow donation is required by medical necessity.
CPA may require an employee taking bone marrow leave to use up to five (5) days of accrued vacation days for this leave, and an employee taking organ donation leave to use up to two (2) weeks of accrued vacation days for this leave.
Bone marrow and organ donation leave will not be designated as FMLA or CFRA (as applicable) leave time. Employees will receive health benefits for the duration of their leave as if they were working. Upon returning from such leave, employees will have a right to return to the same or equivalent positions they held before such leave. Absences due to bone marrow or organ donation leave do not count as a break in service for the purpose of the employee’s right to salary adjustments, sick leave, vacation and paid time off or seniority.
I. Voting Leave
Employees who are unable to vote during non-work hours may arrange in advance to take up to two (2) hours off, with pay, to vote in a public election, unless otherwise required by applicable law. Where possible, the employee’s Supervisor should be notified of the need for leave at least two (2) working days prior to the election day.
J. Alcohol and Drug Rehabilitation Leave
CPA will make reasonable accommodations by providing unpaid time off for any employee who voluntarily enters and participates in a drug or alcohol rehabilitation program, if it does not impose an undue hardship. Employees may use accrued sick leave during this period.
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CPA may also allow employees to use vacation leave or other paid time off. The duration of the time off is tied to the duration of the program.
This type of time off may also be covered by the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) if the employee is otherwise eligible and has a serious health condition. If so, CPA will follow the approval and medical certification process under FMLA/CFRA and inform the employee that the time off is designated as FMLA/CFRA time. The two leave obligations may run concurrently to the extent permitted by applicable law.
CPA will make reasonable efforts to maintain the confidentiality of the employee’s treatment to the extent possible. CPA is not obligated to continue to employ any person whose performance of essential job duties is impaired because of drug, alcohol, or marijuana use.
Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to complete treatment and/or rehabilitation, will not automatically be reemployed or given a second opportunity to seek treatment and/or rehabilitation. This policy on treatment and rehabilitation is not intended to affect CPA’s treatment of employees who violate the regulations described previously. Rather, rehabilitation is an option for an employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency.
K. Literacy Education Assistance
CPA will make reasonable accommodations by providing unpaid time off for any employee in an adult literacy education program, if it does not impose an undue hardship. CPA will comply with the Employee Literacy Education Assistance Act and reasonably accommodate an employee who reveals a literacy problem and requests assistance to enroll in an adult literacy education program.
CPA requires that employees provide proof of enrollment in an adult literacy education program and will take reasonable steps to keep the employee’s literacy problem confidential.
CPA may also allow employees to use vacation leave.
L. Reproductive Loss Leave
Employees who have been employed for at least 30 days will be provided with up to five (5) days of reproductive loss leave following a reproductive loss event. Employees who experience more than one reproductive loss event within a 12-month period are limited to twenty (20) days of reproductive loss leave in a 12-month period. For purposes of this policy, a reproductive loss event means the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction via artificial insemination or an embryo transfer.
Leave may only be taken on regularly scheduled workdays. Leave does not need to be taken on consecutive days. Leave must be completed within three (3) months of the reproductive loss event, except that if an employee is on some other leave from work prior to or immediately following a reproductive loss event, the reproductive loss leave is available for use during the three (3) months following the end date of the other leave.
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Reproductive loss leave is unpaid, except to the extent the employee is eligible for paid leave for these purposes under other CPA policies. An employee may elect to use accrued vacation or sick leave to receive pay during any unpaid leave taken under this policy. Leave provided pursuant to this policy will run concurrently with any other applicable leave of absence for covered reasons, to the maximum extent permitted by applicable law. The substitution of paid time for unpaid leave time does not extend the length of leave and the paid time will run concurrently with an employee’s reproductive loss leave entitlement.
Employees must inform their supervisor prior to commencing reproductive loss leave.
CPA will maintain the confidentiality of any employee requesting leave under this policy including information provided to CPA related to a request for leave.
M. Other Leave Policies (Outside of California)
Employees working in states outside of California may be eligible for additional leave benefits. Please see Human Resources for additional information.
Personal Leaves of Absence Without Pay
A. Request for a Personal Leave of Absence Without Pay. When an employee has exhausted all the employee’s paid leaves, the employee may request a leave of absence without pay in accordance with this Section. The employee must submit a written request to the employee’s Supervisor for a leave of absence without pay, along with any supporting documentation. The Supervisor must forward the request, along with any supporting documentation to Director, Human Resources for consideration by the Chief Executive Officer.
B. Authority to Grant a Personal Leave of Absence Without Pay. The Chief Administrative Officer may grant a regular or probationary employee leave of absence without pay for a period not to exceed three (3) months. After three months, the leave of absence may be extended by an additional three (3) months if the employee submits a further written request, along with supporting documentation, that is authorized by the Chief Executive Officer. The approval or rejection of the Chief Executive Officer will be in writing and may be communicated by Human Resources on behalf of the Chief Executive Officer. An employee may not be granted more than six months of a leave of absence without pay, unless otherwise provided by applicable law.
C. Return from Personal Leave of Absence Without Pay. Upon expiration of a regularly approved leave, the employee will be reinstated in the position held at the time leave was granted, provided such position continues to exist. An employee on leave who fails to report to duty promptly at its expiration will be subject to disciplinary action for being on an unauthorized absence. An employee who is absent for medical reasons may be required to demonstrate fitness for duty in accordance with CPA’s fitness for duty policy.
D. Mandatory Exhaustion of Paid Leaves. If an employee is requesting a leave of absence for medical reasons, the employee is required to first fully exhaust all the employee’s paid leaves in order to be eligible to receive a leave of absence without pay, to the maximum extent permitted by applicable law. If an employee is requesting a leave of absence for personal reasons, the
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employee is required to fully exhaust all the employee’s paid leaves, except sick leave, in order to be eligible to receive a leave of absence without pay.
Punctuality and Unauthorized Absences
A. Punctual and regular attendance is an essential responsibility of each employee at CPA.
Employees are expected to report to work as scheduled, on time and prepared to start working. Employees are also expected to remain at work for their entire work schedule. Late arrival, early departure or other absences from scheduled hours are disruptive and must be avoided. Excessive tardiness and/or absenteeism will result in disciplinary action, up to and including termination. This policy does not apply to absences covered by the FMLA, CFRA or leave provided as a reasonable accommodation under the Americans with Disabilities Act (“ADA”) or any other form of approved or protected leave.
B. When an employee has been absent without authorization from work for more than three (3) workdays, the Supervisor shall notify the Director, Human Resources. The Director, Human Resources shall notify the employee that CPA has determined the employee has abandoned the employee’s position and that the employee has seven (7) working days upon receipt of the notice to contact CPA regarding the employee’s intent to return to work. The notice shall also advise the employee that failure to contact CPA within the seven-day period shall be deemed an automatic Resignation effective on the eighth day. Such notice shall be in writing and sent by certified mail or personal service to the last address listed in the employee’s personnel records.
C. Abandonment of position may include, but is not limited to:
1. Where an employee fails to return to the employee’s position upon conclusion of any authorized leave of absence;
2. Where an employee fails to properly notify by telephone or in writing the employee’s immediate Supervisor of absence due to unexcused sickness or injury;
3. Where an employee fails to appear for work without notification or express agreement between the Supervisor and the employee as to the use of any leave time set forth in this Handbook;
4. Where an employee fails to keep the employee’s immediate Supervisor reasonably apprised of disability status; or
5. Where an employee fails to respond within seven (7) business days to the notice of abandonment of position.
D. Abandonment of position shall constitute a Resignation from CPA service, unless otherwise provided by applicable law.
SECTION 7: EMPLOYMENT RECORDS
Access to Personnel Files and Payroll Records
A. General provisions
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1. CPA maintains a personnel file on each employee. The personnel file may include such information as the employee’s job application, resume, records of training, documentation of performance appraisals and salary increases, and other employment records.
2. Personnel files are the property of CPA and shall be maintained by the employer in strict confidence. Access to the information contained therein is restricted, except as permitted by law. Only Supervisors and management personnel of CPA who have express authorization from the Chief Administrative Officer and a legitimate reason to review information in a file can do so without being subject to the procedures set forth in this Section.
3. Letters of reference, recruitment files, and reports regarding ongoing investigations concerning a current or former employee shall be excluded from the provisions of this Section, unless otherwise provided by applicable law. In addition, names of all non-supervisory employees generally shall be redacted from records to be provided under this Section.
B. Inspection of a Current or Former Employee’s Personnel File
1. A current or former employee wishing to inspect the employee’s personnel file must submit a written request to the Director, Human Resources. Proof of identity will be required to inspect personnel records for the employee’s file. The Director, Human Resources shall issue a written notice setting a date for the inspection of said records within thirty (30) days of receipt of the request, to take place during normal business hours.
With the requesting person’s written consent, the date for inspection may be extended on one occasion by up to five (5) Days. If the requesting person is a former employee who was terminated for violation of CPA’s policy or law involving harassment or workplace violence, CPA shall have discretion to mail a copy of the personnel file at CPA’s expense instead of scheduling an in-person inspection.
2. A current employee may inspect the employee’s records at the place the employee reports to work or may instead consent to inspect the employee’s personnel file in the Director, Human Resources’ office without loss of compensation. Inspection by former employees and authorized representatives shall take place with the Director, Human Resources unless otherwise mutually agreed in writing by CPA and may require additional reasonable proof of identity.
3. A Director, Human Resources or other authorized employee generally must be present throughout the inspection. No personnel files or contents of personnel files shall be removed from the place of inspection without advance written authorization from the Chief Administrative Officer.
C. Obtaining Copies of a Current or Former Employee’s Personnel File
1. A current or former employee wishing to obtain copies of documents or other materials in the employee’s personnel file in person or by mail must submit a written request to the Director, Human Resources along with reasonable proof of identity. A current or former employee who seeks to authorize another person to obtain copies of the employee’s personnel file must provide a satisfactory written authorization along with the written
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request. Reasonable proof of identity may be required at the time of in-person pick up of requested documents.
2. The Director, Human Resources shall issue a written notice setting a date on which the requested copies may be picked up in person during the normal business hours of CPA and identifying the cost of reproduction that must be paid to CPA at the time of pick up. The date for in-person pick up of the documents shall be no more than thirty (30) days after receipt of the request in Human Resources. With the requesting person’s written consent, that date may be extended on one (1) occasion by up to five (5) calendar days. If the requesting person is a former employee who was terminated for violation of CPA Handbook or law involving harassment or workplace violence, the Director, Human Resources shall have discretion to mail a copy of the personnel file at the expense of CPA instead of scheduling an in- person pick up.
3. If the requesting person chooses delivery by mail instead of in-person pick up, the notice provided by Director, Human Resources shall also identify the additional actual postage expenses for which the requesting person must reimburse CPA prior to receipt of the copies, to the extent permitted by applicable law.
D. Obtaining Copies of a Current or Former Employee’s Payroll Records A current or former employee, by oral or written request, may request to receive and/or review a copy of their payroll records. Such request will be fulfilled by CPA within a reasonable period of time, but no later than 21 days of the request, unless otherwise allowed by applicable state law. Employees requesting copies may be charged the actual cost of reproduction.
Personnel Data Changes
It is the responsibility of each employee to promptly notify CPA of any changes in personnel data. Employees must ensure that personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, and other pertinent information, are always accurate and current.
Employment Verification and References
It is CPA policy that the Chief Executive Officer or the Director, Human Resources are authorized to respond to requests for verification of employment from financial institutions, etc. No other Supervisor or employee is authorized to provide employment verification for current or former employees.
CPA relies upon the accuracy of information contained in the data presented throughout the hiring and employment process. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in exclusion of the individual from further consideration for employment or, if the individual has been hired, Termination of employment.
To help to ensure that individuals who join CPA are well qualified and have a strong potential to be productive and successful, it shall be the policy of CPA to check employment references of prospective employees.
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Additionally, CPA will provide references upon written request concerning any present or past employment at CPA. Human Resources may respond with confirmation of dates of employment and position held. If authorized by the employee in writing, CPA will also provide information on the amount of salary or wages earned by the employee. All responses from CPA will be made in writing.
SECTION 8: GENERAL WORKPLACE RULES
Safety
Establishment and maintenance of a safe work environment is the shared responsibility of CPA and employees from all levels of the organization. Employees are expected to obey safety rules and to exercise caution in all their work activities. Employees are strongly encouraged to immediately report any unsafe conditions to their Supervisor. Employees at all levels of the organization are expected to correct unsafe conditions within their control as promptly as possible.
Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report, or where appropriate, remedy such situations, may be subject to disciplinary action, up to and including Termination of employment.
All accidents that result in injury must be reported to the appropriate Supervisor, regardless of how insignificant the injury may appear. Such reports are necessary to comply with laws and initiate insurance and workers compensation benefits procedures, where applicable.
Business Use of Personal Vehicles
A. In general, employees may be required to use their private vehicles to carry out their regular job responsibilities. For this use, employees must comply with California law (or the law applicable to the state in which they are operating their vehicle for CPA-related work). Such employees are subject to the provisions of this Section.
B. Use of Cell Phones While Driving
1. Cell phone use should be avoided whenever it might create an unsafe driving situation. In accordance with California law and any other applicable state law, it is against CPA’s policy to use a handheld cellular phone while operating a motor vehicle. Employees making or receiving cell phone calls while driving are required to use a hands-free device.
2. In accordance with California law and any other applicable state law, text-based communication while driving is prohibited. Specifically, writing, sending, or reading text-based communication including text messaging, instant messaging, and e-mail, on a wireless device or cell phone while driving is prohibited.
3. Failure to follow the provisions of this Handbook, or any policy, may result in disciplinary action, up to and including termination.
C. Driving Responsibilities
Individuals who seek or hold positions that involve driving on CPA business are in roles for which CPA may have direct or indirect legal responsibility. CPA is committed to making
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certain that employees who have driving responsibilities do not place CPA, employees, or members of the general public at risk.
In keeping with this policy, CPA requires that employees with driving responsibilities maintain safe driving records as a condition of employment and continued employment.
Individuals who fail to maintain such driving records may become unsuitable for their positions. In such cases, CPA reserves the right to discipline or terminate employees with driving responsibilities whose driving records become unsatisfactory, in the sole discretion of CPA, to the maximum extent permitted by applicable law.
In order to verify an individual’s driving status, CPA may require the employees or job applicants to furnish all or portions of their driving record from the Department of Motor Vehicles or may ask them to sign any necessary authorizations that are required or appropriate to request records directly from the Department of Motor Vehicles. Subject to any limitations imposed by state or federal law, individuals must cooperate fully with any request for records or request for an authorization to seek such records from an appropriate agency or entity.
CPA Property and Equipment
A. Use of Property and Property Issued in General
1. Employees are prohibited from being on CPA property or using its facilities or property while not on duty, or for personal use at any time.
2. Work equipment, tools, and materials are provided by CPA to its employees for the sole purpose of performing work-related tasks. Work tools are the property of CPA, and it is the responsibility of the employee to use and maintain them appropriately. Deliberate carelessness or misuse of CPA’s property, or use without authorization, will not be tolerated and may result in disciplinary action being taken against the employee, up to and including Termination. Lost or misplaced property that has been issued to an employee must be reported immediately to the employee’s Supervisor.
3. CPA will issue laptops and business cell phones to employees upon request by employee and approved by the Supervisor and Director, Human Resources. a. Employees who use cell phones, whether personal or CPA-issued, are expected to confine the use of any personal calls in a way that should not disrupt others, occur during meetings, or interrupt work processes.
b. Employees who use electronic devices to conduct company business should be mindful that CPA is a public agency and as such is subject to public records requests. Communications related to the conducting of public business using a personal device or account may result in employee’s device/account information being subject to public disclosure.
4. Upon Resignation or the Termination of employment, or at any other time CPA so requests, employees are required to return all items and property issued to them.
5. To the extent permitted by law, CPA reserves the right to charge employees the replacement value of any lost, misplaced, stolen, or deliberately or carelessly damaged CPA property.
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B. Cyber Security
The policy of CPA is to ensure that all information existing in a computerized form is properly safeguarded and that the automated processing involved in the collection, creation, manipulation, storage, retrieval, transmission, and display of information is similarly protected, both in a manner appropriate to the value of the information to the facility and its potential for unauthorized access, destruction, disclosure, or modification.
Any unauthorized acts against CPA’s Communications Systems may result in disciplinary action, up to and including dismissal. Each employee, therefore, must adhere strictly to the specific security measures and internal controls that are established for safeguarding the integrity and validity of a very valuable CPA asset.
CPA Communications Systems hardware, and any data collected, downloaded, and/or created or CPA Communications Systems described above are the exclusive property of CPA and may not be copied, shared, accessed, or transmitted to any outside party without prior written management approval or used for any purpose not directly related to the business of CPA.
Employees should not use a password, access a file, or retrieve any stored communication without authorization. Private information should not be kept on electronic communications systems. Any unauthorized access or use of CPA’s computer or other communication systems is strictly prohibited.
C. Electronic Systems and Privacy
Storage areas, work areas, the contents of electronic and conventional files, other CPA documents, file cabinets, credenzas, computer systems and software, office telephones, cellular telephones, any and all electronically issued technology, modems, facsimile machines, copy and scanner machines, tools, equipment, desks, voice mail, and electronic mail are the property of CPA, and need to be maintained according to CPA rules and regulations.
To safeguard and protect the proprietary, confidential and business-sensitive information of CPA, and to ensure that the use of all electronic systems and equipment is consistent with CPA’s legitimate business interests, authorized representatives of CPA may monitor the use of such systems from time to time without notice, which may include printing and reading materials, files on the system, list servers, and equipment.
Employees should be aware that e-mail messages, like CPA correspondence, and any and all messages sent electronically may be read by other CPA employees and outsiders under certain circumstances. While it is impossible to list all of the circumstances, some examples are the following: (1) during system maintenance of the e-mail system, (2)when CPA has business needs to access the employee’s mailbox, (3) when CPA receives a legal request that requires disclosure of e-mail messages, or (4) when CPA has reason to believe the employee is using e-mail in violation of CPA adopted policies or this Handbook. Employees shall use a designated CPA email account for all work-related email communication and should have no expectation of privacy in system usage. Employees should assume that their CPA email account may be accessed, forwarded, read, or heard by someone other than the intended recipient, even if marked as “private.”
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Telecommuting
Telecommuting allows employees to work at home, on the road or in a satellite location for all or part of their workweek. CPA considers telecommuting to be a viable, flexible work option when both the employee and the job are suited to such an arrangement. Most CPA employees have the option of telecommuting. Telecommuting is not an entitlement and it in no way changes the terms and conditions of employment with CPA. CPA reserves the right to modify or terminate these options at any time. All work options (including changes) must be approved by an employee’s supervisor and/or Human Resources in writing. Please contact Human Resources for additional information.
SECTION 9: LICENSE, MEMBERSHIPS, TRAINING & CONFERENCES CPA encourages the continued development of its professional, technical and managerial employees through participation in organizations that are directly relevant to the primary business of the agency.
It also recognizes the value of business publications in keeping employees informed of advances and trends in their specific career discipline and areas of responsibility.
A. Licenses/Memberships. CPA will sponsor memberships and professional licenses where they are likely to be used in the employee’s performance of their duties subject to availability of funds and approval of the employee’s Director.
B. Conferences/Training. Employees may request attendance at professional conferences or training which will benefit CPA and enhance the performance of the employee’s job responsibilities. Participation should be for the benefit of CPA and directly related to the job requirements of the employee. All efforts should be made to attend a conference/training which is offered locally or on-line. Training or conference attendance must be approved in advance by the employee’s Director. If a Certificate of Completion is provided, a copy must be provided to Director, Human Resources. All mandatory training required by CPA including but not limited to AB 1234 training, sexual harassment, and workplace violence prevention will be provided by or through CPA.
C. Travel. Travel for official company business is an important part of CPA. All trips outside of the greater Los Angeles and Ventura metropolitan area will be made with approval of the employee’s Director. Employees are expected to exercise good financial judgment when traveling. GSA rates are provided via hyperlink (https://www.gsa.gov/travel/plan-book/per-diem-rates) to the travel request form to ensure employees are aware of acceptable expenses.
A request for travel must be completed and approved by the employee's Director prior to the travel. Unapproved travel expenses may not be reimbursed.
Airfare should be booked at coach/economy class or the lowest fare available. Ground transportation arrangements should be at reduced rates where available and in all cases at reasonable prices. Employees are expected to use less costly ground transportation where it exists (i.e. public transportation if feasible, shared airport shuttles, standard cabs). Should a rental car be necessary, employees are required to rent compact vehicles unless there is a justification for a higher size. Any travel exceeding the requirement of this section must be justified and approved by the employee’s Supervisor.
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Meal expenses incurred by an employee for CPA business purposes will be reimbursed at the current per diem rates published by the Internal Revenue Service. Employees will not be reimbursed for alcohol purchase. Meal and lodging expenses in excess of Internal Revenue Service per diem rates must be approved by the Chief Executive Officer or Chief Administrative Officer.
Employees should submit their completed expense report along with required receipts no more than 30 calendar days after the month during which the expense was incurred. Reports that do not include required receipts will be denied reimbursement, to the extent permitted by applicable law. Additional information is available in CPAs Employee Expense Reimbursement Guidelines.
D. Miscellaneous Expenses
1. Expenses incurred for CPA business purposes, such as internet access at locations where there is a separate charge for internet access, where CPA’s hotspot data plan access is insufficient, and internet access is used to conduct CPA business, are reimbursable, with the approval of the employee’s Director where the expense is reasonable and necessary and supported by an expense reimbursement form including explanations and receipts.
2. Local Meal Expenses
a. Local meal expenses out of the office should be claimed infrequently and must be justified in terms of CPA benefit and are permitted only when authorized by the employee’s Director.
b. A written request to host an in-office meeting with food and attended by non-CPA personnel must be approved in advance by the Chief Executive Officer or Chief Administrative Officer and must include a list of expected attendees. c. In the event an CPA hosted meeting with food is provided, the request for reimbursement must verify the following:
i. That CPA business was discussed at the meeting;
ii. That at least one (1) attendee was non-CPA personnel; and iii. The names and titles of the actual attendees.
3. Reimbursement can be requested for food provided in-house in situations where work is required for completing CPA business and when it is impractical or difficult for staff to obtain their own meals. The employee’s Director must approve such expenditures in advance.
SECTION 10: PAY
Paydays
All employees are paid bi-monthly (the 15th and last day of each month). Each paycheck will include earnings for the current pay period.
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If the regularly scheduled payday falls on a day off, weekend or a holiday, employees will receive pay on the last day of work before the regularly scheduled payday.
Employees may have pay directly deposited into their bank account(s) if they provide advance written authorization to the Director, Human Resources. Employees will receive an itemized statement of wages when CPA makes direct deposits.
Payroll Deductions, Wage Attachments and Garnishments
State and federal payroll taxes will be withheld from your paycheck in accordance with state and federal law. These deductions include state and federal income tax, social security tax (FICA), state disability insurance (SDI) and Family Temporary Disability Insurance (FTDI) taxes. By law, CPA is also required to honor legal attachments and garnishments of an employee’s wages or salaries. If employee wages are attached, CPA will withhold the specified amount to satisfy the terms of the attachment.
Safe Harbor for Exempt Employees
Exempt salaried employees receive a salary that is intended to compensate for all hours worked for CPA. This salary is established at the time of hire. While it may be subject to review and modification from time to time, such as during salary review times, the salary is a predetermined amount that is not subject to deductions for variations in the quantity or quality of work.
Under federal and state law, exempt salaried employees’ salaries are subject to certain deductions.
For example, absent contrary state law requirements, exempt salaried employees’ salaries are subject to reduction for the following reasons:
• Full day absences for personal reasons;
• Full day absences for sickness or disability;
• Full day disciplinary suspensions for infractions of our written policies and procedures; • Family and Medical Leave absences (either full or partial day absences); • To offset amounts received as payment for jury and witness fees or military pay; or • The first or last week of employment in the event of less than a full week worked.
Exempt salaried employees’ salaries are also subject to reduction for their portion of health, dental, or life insurance premiums; state, federal, or local taxes; social security; or voluntary contributions to a 401(k) or pension plan.
In any workweek in which exempt salaried employees perform any work, their salary is not subject to reduction for any of the following reasons:
• Partial day absences for personal reasons, sickness, or disability; • Absence due to CPA’s decision to close a facility on a scheduled work day; • Absences for jury duty, attendance as a witness, or military leave in any week in which any work is performed; or
• Any other deductions prohibited by state or federal law.
However, subject to applicable state and local laws, it is not an improper deduction to reduce exempt salaried employees’ accrued vacation, personal, or other forms of paid time off banks for full or partial day absences for personal reasons, sickness, or disability.
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Employees who believe they have been subject to an improper deduction should report the matter to Director, Human Resources immediately. If Director, Human Resources is unavailable or is an inappropriate person to contact, or if a prompt and fully acceptable reply has not been received within five (5) business days, the Chief Administrative Officer should be contacted.
Every report of improper deductions will be fully investigated and corrective action, up to and including discharge, will be taken, as appropriate, for any employee(s) who violates this policy. In addition, CPA will not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in CPA’s investigation of such reports. Retaliation is unacceptable, and any form of retaliation in violation of this policy may result in disciplinary action, up to and including discharge.
SECTION 11: EMPLOYEE CONDUCT
Rules of Conduct
To help to assure orderly operations and provide the best possible work environment, CPA expects employees to follow rules of conduct that will protect the interests and safety of all employees and CPA. It is not possible to list all the forms of behavior that are considered unacceptable in the workplace, but the following are examples of infractions of rules of conduct that may result in disciplinary action, including Suspension or Termination of employment. These types of misconduct are provided for purposes of illustration only and in no way alter the at-will employment status of any CPA employees:
1. Theft or inappropriate removal or possession of property of CPA and/or CPA employees or others.
2. Falsification of records including, but not limited to, information provided on an application for employment and time-keeping records;
3. Violation of drug and alcohol abuse, as specified below, including but not limited to reporting for work, being subject to work, or being at work, under the influence of or in possession of alcohol, legal or illegal drugs;
4. Possession, distribution, sale, transfer, or use of alcoholic or illegal drugs in the workplace, while on duty, while operating employer owned vehicles or equipment, or while operating employee-owned vehicles or equipment in the conduct of CPA business;
5. Assault, battery, horseplay, fighting or threatening violence in the workplace or while on duty;
6. Carelessness, incompetence, inefficiency, or negligence.
7. Refusal or failure to follow a lawful management directive;
8. Discourteous or disrespectful treatment of members of the public, customers, suppliers, or visitors, or other treatment that does not foster cooperation;
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9. Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and lack of harmony; interfering with another employee on the job; or willfully restricting work output or encouraging others to do the same;
10. Fraud or malicious dishonesty;
11. Violation of safety or health rules;
12. Sexual or other harassment, discrimination, or retaliation in violation of CPA policy or applicable state or federal law;
13. Unauthorized possession of firearms, weapons or explosives on CPA property, or while on duty; or displaying or brandishing any firearm or weapon, whether in jest or otherwise, in any manner which can be construed as a careless, threatening or dangerous manner, except as required in the performance of official duties;
14. Unauthorized use of CPA’s electronic communications systems, including, but not limited to, telephones, email, mail system, or other equipment;
15. Improper use of CPA funds;
16. Acceptance or solicitation of bribes or extortion;
17. Excessive unexcused absenteeism or any unauthorized absence;
18. Sleeping on the job or leaving the job without authorization;
19. Failure to maintain job performance standards or to properly or satisfactorily perform assigned duties;
20. Failure to maintain any employment qualification;
21. Gambling on CPA property or during working hours;
22. Conviction of a felony, or conviction of a misdemeanor relating to the employee’s fitness to perform assigned duties (unless otherwise provided by applicable law); and/or
23. Violation of CPA policies.
Workplace Violence Prevention
A. Objectives
CPA is strongly committed to ensuring the safety of all CPA employees. Consistent with this policy, acts or threats of violence, including instilling fear, harassment, or coercion which involve or affect CPA employees will not be tolerated and will be subject to appropriate disciplinary action up to and including termination. The following are the objectives of CPA:
1. To ensure all workplace threats and violent behavior are addressed promptly.
2. To ensure the level of physical and facility security in CPA’s workplace is sufficient to protect the health and safety of CPA employees.
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3. To ensure that all disciplinary action taken for behavior prohibited under this Section is reviewed, evaluated, and administered consistently and equitably throughout CPA and done so in a timely manner.
B. Threats or Acts of Violence Defined
A credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable person in fear for the employee’s safety, or the safety of the employee’s immediate family, and that serves no legitimate purpose. General examples of prohibited workplace violence include, but are not limited to the following:
1. Threatening to harm or harming an individual, the employee’s family, friends, associates, or their property;
2. Fighting or challenging another individual to a fight;
3. Instilling fear through direct or veiled verbal threats, or through physical threats, such as obscene gestures, grabbing, and pushing;
4. Making harassing or threatening telephone calls; sending harassing or threatening letters, emails, or other correspondence;
5. Instilling fear or attempting to coerce an employee to do wrongful acts that would affect the business interests of CPA;
6. Harassing surveillance or stalking, which is engaging in a pattern of conduct with the intent to follow, alarm, or harass another individual, which presents a credible threat to the individual and causes the individual to fear for the employee’s safety, or the safety of the employee’s immediate family, as defined in California Civil Code Section 1708.7;
7. Suggesting or otherwise intimating that an act to injure persons or property is appropriate behavior;
8. Possession of firearms (loaded or unloaded), weapons, or any other dangerous devices on CPA property. This includes look-alike weapons, such as toy guns. Weapons and dangerous devices may include, but are not limited to the following: blackjacks, slingshots, metal knuckles, explosive substances, dirks, daggers, gas- or spring-operated guns, knives, folding knives having a blade that locks into place, razor blades, and clubs; and/or
9. Use of a personal or CPA-issued tool or other equipment in a threatening manner toward another.
C. Reporting Workplace Violence
Any employee who is the victim of a threat or act of violence, or any employee who witnesses such conduct, should immediately report the incident to the employee’s Supervisor or other appropriate person in the chain of command. Should the employee perceive that the employee is in immediate danger of a violent act, or has just been victimized by a violent act, or is a witness of a violent act, the employee shall as soon as possible:
1. Place themselves in a safe location.
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2. If appropriate, call 911 and request immediate response of a police officer and be prepared to inform the police dispatcher of the circumstances and the exact location of where an officer is needed.
3. Inform a Supervisor or the Director, Human Resources of the circumstances.
4. Complete an incident report form as soon as possible to the Director, Human Resources.
5. Cooperate fully in any administrative or criminal investigation, which shall be conducted within existing policy and laws.
6. Direct all inquiries from the media about violence on CPA premises to the Chief Executive Officer.
D. Reporting Suspected Future Workplace Violence
Employees who have reason to believe they or any CPA employee may be the subject of a violent act in the workplace or as a result of their CPA employment, should immediately notify their Supervisor or the Director, Human Resources.
E. Violation of Section
The prohibition against threats and acts of violence applies to all persons involved in CPA’s operation, including but not limited to CPA employees, Interns, vendors, and anyone else on CPA property. Violations of this section by any individual may be followed by legal action as appropriate, which may include, seeking a temporary restraining order and/or injunction on behalf of CPA employees if the situation warrants such action. In addition to appropriate legal action, violations of this section by employees, may lead to appropriate disciplinary action, up to and including termination.
If any employee has questions regarding CPA’s Workplace Violence Prevention Plan, please reach out to Human Resources.
Drug and Alcohol Abuse
CPA is concerned about the use of alcohol, marijuana, illegal drugs, or controlled substances as it affects the workplace. Use of these substances whether on or off the job can adversely affect the employee’s work performance, efficiency, safety and health. The use, transfer, distribution, sale, being under the influence of, or possession of these substances on the job (regardless of whether on the premises, on duty, or operating a vehicle or potentially dangerous equipment owned by CPA) constitutes a potential danger to the welfare and safety of other employees and exposes CPA to the risks of property loss or damage, or injury to other persons. Furthermore, the use of prescription drugs and/or over-the-counter drugs (including medical marijuana) may also affect the employee’s job performance and seriously impair employee’s ability to perform their job duties. Any employee who is using prescription or over-the-counter drugs that may impair the employee’s ability to safely perform the job, or affect the safety or well-being of others, must notify a Supervisor of such use immediately before starting or resuming work. All precautions necessary to preserve the employee’s privacy will be taken.
This policy will not be construed to prohibit the use of alcohol at social or business functions sponsored by CPA where alcohol is served or while entertaining business associates of CPA.
However, employees must always remember their obligation to conduct themselves properly while
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at company-sponsored functions or while representing CPA. It is the policy of CPA not to reimburse employees for alcohol purchases even when such purchases are made in connection with CPA payment for business meals.
CPA maintains a policy of non-discrimination and will endeavor to make reasonable accommodations to assist employees recovering from substance and alcohol dependencies, and those who have a medical history that reflects treatment for substance abuse conditions. However, employees may not request an accommodation to avoid discipline for a policy violation.
Employees must adhere to the rules stated in this section and Handbook as a condition of employment. Failure to comply with this Handbook may result in Discipline, including Termination.
The Director, Human Resources has been designated to administer this section, monitor the program and make reports as required by law.
SECTION 12: EMPLOYEE BENEFITS
CPA has developed and invested in an employee benefit program to supplement employee’s regular wages. These benefits include health, retirement plan, deferred compensation plan, long term disability insurance, term life insurance, supplemental life insurance, flexible spending accounts, transportation allowance, employee assistance program, and voluntary employee benefits. Details of all benefits are listed in the Employee Benefits Guide. Details of health, retirement plan, long term disability insurance, term life insurance, and transportation allowance benefits are detailed below.
Health / Dental / Vision
CPA offers full coverage at the Kaiser Platinum level for employees and dependents. CPA offers basic dental and vision coverage for employees and dependents. CPA reserves the right to charge a copay for dependent coverage. Employees who select a higher cost health insurance option, either PPO or other HMO, cover the cost difference. Cash-out options for those who have health care provided elsewhere (i.e. through a spouse) are available upon proof of coverage comparable or better than the Kaiser Platinum level offered by Clean Power Alliance. The cash-out amount is $500 monthly and may change from time to time.
Retirement Plan
Employee will be enrolled automatically in a 403(b) program immediately upon employment unless they choose to opt-out. Employee is eligible for ongoing employer contribution of 6% of the employee salary and up to a 4% employer match contribution, for a maximum total of 10%.
Employees own 100% of any employee contribution immediately. Employees have ownership of the employer contribution and any match amount in equal increments over a three (3) year period of employment, (i.e. 33% annually). Employees own 100% of the employer contribution and any match amount after three (3) consecutive years of employment. Any amount not owned by the employee (i.e. in the case that they leave CPA prior to completing 3 years of employment) will be returned to CPA.
Long-Term Disability Insurance
Long-term disability (LTD) insurance shall be provided to all full-time employees at 60% of salary subject to terms of LTD carrier and capped based on salary.
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Term Life Insurance
Group life insurance shall be provided to all full-time employees at a minimum benefit amount of one-time (1x) salary, subject to the terms of the insurance carrier.
Transportation Allowance
Full-Time Employees who choose to work in the office on a regular basis may be eligible for a transportation allowance to offset commuting costs in accordance with CPA’s overall Telecommuting policy.
California Paid Family Leave Benefits
A California employee who is off work: (i) to care for a child, parent, spouse, registered domestic partner, parent-in-law, grandparent, grandchild, or sibling, with a serious health condition; (ii) to bond with a minor child within the first year of the child’s birth or placement in connection with foster care or adoption; or (iii) to participate in a qualifying exigency related to the covered active duty or call to covered active duty of the employee’s spouse, domestic partner, child, or parent in the Armed Forces of the United States, may be eligible to receive benefits through the California “Paid Family Leave” (“PFL”) program, which is administered by the Employment Development Department (“EDD”).
These benefits are financed solely through employee contributions to the PFL program. That program is solely responsible for determining if an employee is eligible for such benefits.
Employees who need to take time off work for any of the reasons set forth above may contact Human Resources for information about the EDD’s PFL program and how to apply for benefits. Employees also may contact their local EDD office for further information. Employees should maintain regular contact with Human Resources while absent from work so we may monitor employees’ return-to-work status. In addition, employees should contact Human Resources when ready to return to work so we may determine what positions, if any, are open.
Employees taking time off work for any of the reasons set forth above are not guaranteed job reinstatement unless they qualify for such reinstatement under federal or California family and medical leave laws. Any time off for Paid Family Leave purposes will run concurrently with other leaves of absence, such as Family and Medical Leave/California Family Rights Act Leave, if applicable. Please see the “Family and Medical Leave/California Family Rights Act” policy for eligibility requirements.
To the extent paid family leave benefits are available to employees outside of California, such benefits are addressed in a supplemental policy for covered employees.
SECTION 13: LAYOFF/SEPARATION FROM EMPLOYMENT
Layoff Procedures and Work Reductions
A. General
Whenever, in the judgment of CPA Board, it becomes necessary in the interest of economy or reorganization, to eliminate any position or employment, depending on the scope of the
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reduction (i.e., agency-wide, job classification, position), employees will be selected for layoff based on a combination of factors, including, but not necessarily limited to: past performance and productivity, qualifications, attendance, attitude, ability and willingness to work the required days and hours, and the ability to work cooperatively with others in the affected work unit.
1. The weight given to the above factors may vary depending upon the needs of the affected work unit and CPA as a whole at the time of the layoff.
2. Seniority shall be considered only when, in CPA’s opinion, all other factors are equal between two or more employees in the affected work unit. Seniority will be computed based on an employee’s total continuous service with CPA. For this purpose, continuous service before and after any break in service of less than thirty (30) Days or an approved leave of absence, will be counted.
B. Vacancy and Demotion
Except as otherwise provided, whenever there is a reduction in the work force, the Chief Administrative Officer shall first demote an employee identified for Layoff to a Vacancy, if any, within the same department in a position with a Reduction in Pay, for which the employee is qualified. Secondly, employees may request to demote to a vacant position within the organization. An employee requesting a Demotion must file a written request with the Supervisor within five (5) business days of receiving written notice of Layoff. An employee who is offered a Demotion has the right to refuse the Demotion.
Severance
CPA does not maintain a formal severance pay policy nor provide severance pay to employees who leave CPA for any reason. Severance pay should therefore not be expected. However, CPA reserves the right to make exceptions to this Handbook at any time and may provide for severance pay in certain circumstances at its sole discretion.
Separation from Employment with CPA
A. Abandonment of Position. An employee may be terminated from employment if the employee is on an unauthorized leave of absence as set forth in Section 6.
B. Layoff/Expiration of Contract Work. As provided in Section 2 an employee may be separated by Layoff or expiration of the timeframe for which the position was created.
C. Resignation. An employee wishing to leave employment is encouraged to file with the Director, Human Resources a written Resignation stating the effective date at least two (2) weeks before leaving CPA. A Resignation made without notice may be regarded as cause for denying the resigning employee future employment with CPA and will be considered a Resignation not in good standing, to the extent permitted by applicable law.
D. Retirement. Retirement from employment will be subject to the terms and conditions of the applicable statutes, rules, and regulations of the employee’s 403(b)/457(b) retirement plan(s) with CPA.
E. Death of the Employee. In the event of a death of an employee, payment of all earned wages due will be in accordance with the laws of the State of California, unless otherwise required by applicable law. Unless otherwise provided by law, payment of any other funds due will be paid to the beneficiary so designated in writing by the employee.
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Exit Interviews
If employee resigns voluntarily, the Director, Human Resources or employee’s Supervisor will conduct an interview whenever feasible. This interview will allow the employee to communicate employee’s views on the employee’s work with CPA and the job requirements, operations, and training needs. It also provides the employee an opportunity to discuss issues concerning benefits and insurance. At the time of the interview, employees are expected to return all company-furnished equipment, such as I.D. cards, keys, and credit cards, without copying or reproducing.
SECTION 14: SALARY DISCLOSURE
As a public agency, CPA is committed to transparency. As such, salaries of all positions will be disclosed as required under California law, unless otherwise required by applicable federal, state, or local law.
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EMPLOYEE ACKNOWLEDGEMENT FORM
This is to acknowledge that I have received a copy of the CPA Employee Handbook (including any applicable state supplement) and understand that it contains important information on CPA’s general personnel policies and on my privileges and obligations as an employee. I acknowledge that I am expected to read, understand, and adhere to CPA policies and will familiarize myself with the material in the handbook. I understand that I am governed by the contents of the handbook and that CPA may change, rescind, or add to any policies, benefits or practices described in this handbook, other than the employment-at-will policy, from time to time in its sole and absolute discretion, with or without prior notice, unless otherwise restricted by applicable law. CPA will advise employees of material changes within a reasonable timeframe.
This document contains management guidelines only; it is not the final word in all cases.
Individual circumstances may call for individual attention.
Furthermore, I understand that employment with CPA is at-will and not for a specified term and is at the mutual consent of the employee and CPA. Accordingly, either I or CPA can terminate the employment relationship at will, with or without cause, at any time. I understand that the at-will nature of my employment cannot be modified, unless it is modified in a written agreement signed by the Chief Executive Officer.
I UNDERSTAND THAT NOTHING CONTAINED IN THE HANDBOOK IS INTENDED
TO CREATE, NOR BE CONSTRUED AS CREATING, AN EXPRESS OR IMPLIED
CONTRACT, BARGAIN, AGREEMENT, OR GUARANTEE OF EMPLOYMENT FOR A DEFINITE OR INDEFINITE TERM.
EMPLOYEE’S SIGNATURE DATE
EMPLOYEE’S PRINTED NAME
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RECEIPT OF CPA’S POLICY PROHIBITING HARASSMENT,
DISCRIMINATION, AND RETALIATION
I acknowledge that I have received, read, and understand CPA’s Policy Prohibiting Harassment, Discrimination, and Retaliation, including any applicable state supplement. I understand that I am expected to abide by and be bound by the rules, provisions and standards set forth in CPA’s policy.
I further acknowledge that CPA reserves the right to revise, delete, and add to the provisions of the Policy Prohibiting Harassment, Discrimination, and Retaliation at any time, to the maximum extent permitted by applicable law. California Employees: I also acknowledge I have received the California Civil Rights Department’s Sexual Harassment Fact Sheet (CRD-185).
Employee's Printed Name: ____________________ Position: ___________________ Employee's Signature: _______________________ Date: ___________________ The signed original copy of this receipt should be given to Human Resources and will be filed in your personnel file.
Staff Report – Agenda Item 14
To: Board of Directors
From: Annie Mendoza, Deputy Clerk of the Board
Nancy Whang, General Counsel
Approved By: Ted Bardacke, Chief Executive Officer
Subject: Election of Executive Committee At-Large Position Representing Ventura County
Date: December 5, 2024
RECOMMENDATION
Elect one Regular Director for the Executive Committee At-Large position representing jurisdictions in Ventura County for the remainder of the term, ending June 30, 2026.
BACKGROUND/DISCUSSION
The results of the November 2024 election resulted in a vacancy in the Ventura County At-Large position on CPA’s Executive Committee.
At the November 7th Board meeting, Chair Klein Lopez opened the nomination period for the At-Large Executive Committee position representing Ventura County members. The remainder of the term will begin on December 12, 2024 (the next scheduled Executive Committee meeting), and expire on June 30, 2026. The nomination period for the Executive Committee's At-Large position remained open until 5 p.m. on Wednesday, November 20, 2024.
The following nomination was received:
1. Jenny Crosswhite, Santa Paula
The eligibility criteria are:
1. The candidate must be a Regular Director;
Board of Directors Item 14
2. The candidate must have attended at least 50% of CPA’s Regular Meetings in the prior 12 months; and,
3. The candidate must affirm that they intend to serve a full term as an Executive Committee member.
The Deputy Clerk of the Board has verified that the nominee meets the eligibility criteria.
The Ventura County At-Large position must be elected by Regular Directors representing jurisdictions in Ventura County.
The Deputy Clerk of the Board will conduct a roll-call vote for the Ventura County position.
ATTACHMENT
None.
Management Report
To: Board of Directors
From: Ted Bardacke, Chief Executive Officer
Subject: Management Report
Date: December 5, 2024
2025 Power Charge Indifference Adjustment (PCIA)
On November 25, the California Public Utilities Commission released a Proposed Decision on SCE’s 2025 Energy Resource Recovery Account (ERRA) application, which will set the PCIA that CPA customers will pay in 2025. The Proposed Decision is unfavorable to CPA and unfair to its customers. Management will provide an oral update at the December 5 Board meeting on the potential impacts and efforts to achieve a different outcome. The earliest the CPUC would vote on the ERRA application is December 19, 2024.
Equitable Building Decarbonization Grant
CPA is part of a consortium led by Los Angeles County to have been awarded state and federal funds to implement the Equitable Building Decarbonization program, which will provide free whole building electrification retrofits to low-income customers across Southern California. CPA’s portion of the grant is approximately $1 million over three years and will primarily go towards identifying 1,300 customers in our Los Angeles County and associated cities service territory to participate in the program. Staff expect to bring a formal grant acceptance item to the Board in the first quarter of 2025.
Energy Prepay Bond Transaction and “Deal of the Year” Award The California Community Choice Financing Authority successfully issued a fourth energy prepay bond for the benefit of CPA in November. This $1.15 billion bond is projected to save CPA and its customers $8.8 million annually on renewable energy costs. In addition, CPA’s third prepay bond, which closed in August, has won the “Deal of the Year” Award in the Green Bond category from Bond Buyer Magazine. Staff is also making preparations to market a fifth prepay bond in 2025. CPA’s four energy prepay bond transactions will
Board of Directors Management Report
save CPA and its customers $33.7 million per year on renewable energy costs over the next several years. A summary of the four prepay bonds issued to date is included as Attachment 1.
Monthly Financial Performance
In September 2024 CPA recorded a net loss of $38.4 million, $16.7 million better than the budgeted net loss of $55.1 million for the month, with lower energy costs and non-utilization of contingencies the main drivers of the above budget performance. As detailed in the FY 2024/25 Q1 Financial Report (Agenda Item 5), CPA has emerged from its most volatile summer period well positioned with a net loss of $47.3 million compared to a budgeted net loss of $90.3 million. The monthly financial dashboard for September is included as Attachment 2.
Customer Participation Rate and Opt Actions
As of November 20, 2024, CPA’s overall participation rate was 93%, unchanged from the previous month. CPA had 1,044,114 active customers, down 2 customers compared to the end of October. Opt-outs through November 25 – 516 – are consistent with previous averages in Q4 of the calendar year. New accounts (“move-ins”) were higher than closed accounts (“move-outs”) by 847 customers in the same time period. Participation rates and active accounts by member agency are provided in Attachment 3 of this report.
Customer Service Center Performance
Incoming calls to CPA’s Customer Service Center were down in November, consistent with typically low activity in the latter part of the calendar year. Through November 25, CPA received 1,904 calls compared to 2,844 calls in October. Call center performance improved, with 98% of calls answered within 45 seconds compared to 96% in the previous month and an average wait time of 4 seconds, an improvement from 7 seconds in the previous month.
Contracts and Amendments Executed Under the CEO Authority A list of amendments to, and terminations of, Long-Term Power Purchase Agreements and Energy Storage Agreements executed under the CEO’s signing authority since July 2024 is provided in Attachment 4. A list of non-energy contracts executed under the
Board of Directors Management Report
CEO’s signing authority is provided in Attachment 5. This list includes all open contracts as well as all contracts, open or completed, executed in the past 12 months.
ATTACHMENTS
1. Summary of Prepay Bond Transactions
2. Monthly Financial Dashboard
3. Participation Rates by Member Agency
4. Long Term PPA/ESA Amendments Executed under CEO’s Authority
5. Non-Energy Contracts Executed under CEO’s Authority
Summary of CPA Prepay Transactions
CPA has completed four prepayment transactions to-date, securing $262M of energy cost savings over the 2023-2032 period
Transaction
Closing Date
Bond Par
Amount ($M)
Initial
Period
(years)
Total Initial
Period Savings
($M)
Annual Initial
Period Savings
($M)
Prepay 1
(CCCFA Series 2023C) 02/23/23 $999 7.6 $58.7 $7.7
Prepay 2
(CCCFA Series 2023D) 06/15/23 $958 5 $32.4 $6.0
Prepay 3
(CCCFA Series 2024B) 08/27/24 $1,524 8 $93.0 $11.6
Prepay 4
(CCCFA Series 2024D) 11/14/24 $1,153 8 $70.2 $8.8
Total $4,634 $262.2 $33.7
CPA has received Board authorization to complete up to one additional prepayment transaction of up to $1.5 billion
CUSTOMERS
Summary of Financial Results
Definitions:
Accounts: Active Accounts represents customer accounts of active customers served by CPA per Calpine Invoice Participation Rate %: Participation Rate represents active accounts divided by eligible CPA accounts YTD Sales Volume: Year-to-date sales volume represents the amount of energy (in gigawatt hours) sold to retail customers Revenues: Retail energy sales less allowance for doubtful accounts Cost of energy: Cost of energy includes direct costs incurred to serve CPA’s load Operating expenses: Operating expenditures include general, administrative, consulting, payroll, and other costs required to fund operations Net operating income represents the difference between revenues and expenditures before interest income and expense, and capital expenditures
Non-Operating Income: interest income arising from deposits and investments net of borrowing costs and fees Investments: liquid and high-quality securities with maturities of 91 days or more Cash and Cash Equivalents: Includes bank deposits and high quality and liquid securities with maturities of less than 90 days Year to date (YTD): Represents the fiscal period beginning July 1, 2024 YTD
September
2024
Financial Dashboard
Note: Numbers may not sum up due to rounding.
Active Accounts
1,043,387
Participation Rate
93%
YTD Sales Volume
3,236 GWh
Sep Volume
1,013 GWh
Agr/Oth
2% Com-Lg
19%
Com-Sm
27%
Res
52%
Sep Year-to-Date
in $000,000's Actual Budget Variance % Actual Budget Variance % Energy Revenues 160.3 159.2 1.0 1% 513.1 506.0 7.1 1%
Cost of Energy 196.1 209.9 -13.8 -7% 553.3 583.6 -30.4 -5% Net Energy Revenue -35.8 -50.6 14.8 -29% -40.2 -77.7 37.5 -48% Operating Expenses 4.3 5.3 -1.0 -19% 11.7 15.3 -3.6 -24% Operating Income -40.1 -55.9 15.9 -28% -51.9 -92.9 41.1 -44% Non-Operating Income 1.6 0.8 0.8 99% 4.5 2.6 1.9 73%
Change in Net Position -38.4 -55.1 16.7 -30% -47.3 -90.3 43.0 -48% In September 2024 CPA’s net position fell by $38.4 million, $16.7 million or 30% less than the budgeted reduction in net position of $55.1 million. September 2024 revenues were $160.3 million, $1 million or 1% higher than FY 2024/25 budget. September cost of energy was $196.1 million, $13.8 million or 7% lower than the FY 2024/25 budget primarily due to the non-utilization of contingencies.
For the year-to-date, CPA’s net position fell by $47.3 million, $43.0 million or 48% less than the budgeted reduction in net position of $90.3 million primarily due to higher than forecast revenue in July 2024 and the non-utilization of energy cost contingencies. Operating costs were $3.6 million or 24% below budget due to lower than budgeted spending on general and administrative expenses, customer programs and other services, and the non-utilization of contingencies.
As of September 30th, 2024, CPA had unrestricted cash, cash equivalents, and investments of $465.4 million, and $159.9 million available in its bank line of credit representing 155 Days Liquidity on Hand. CPA is financially sound and in compliance with its bank and other credit covenants.
Jurisdiction Preferred Energy Option Active Accounts Participation % Lean % Clean % 100% Green % AGOURA HILLS 100% Green 8,020
ALHAMBRA 100% Green 34,216
ARCADIA Lean 22,665
BEVERLY HILLS 100% Green 18,645
CALABASAS 100% Green 9,641
CAMARILLO 100% Green 28,724
CARSON Clean 29,462
CLAREMONT 100% Green 12,692
CULVER CITY 100% Green 19,225
DOWNEY Clean 36,859
HAWAIIAN GARDENS Clean 3,658
HAWTHORNE 100% Green 28,459
HERMOSA BEACH 100% Green 9,870
LOS ANGELES COUNTY 100% Green 299,793
MALIBU 100% Green 7,019
MANHATTAN BEACH 100% Green 15,330
MONROVIA 100% Green 15,823
MOORPARK Clean 11,397
OJAI 100% Green 3,484
OXNARD 100% Green 55,768
PARAMOUNT Clean 15,790
REDONDO BEACH 100% Green 33,286
ROLLING HILLS ESTATES 100% Green 3,529
SANTA MONICA 100% Green 55,326
SANTA PAULA 100% Green 9,137
SIERRA MADRE 100% Green 4,939
SIMI VALLEY Lean 43,543
SOUTH PASADENA 100% Green 11,589
TEMPLE CITY Lean 12,669
THOUSAND OAKS 100% Green 44,395
VENTURA 100% Green 44,628
VENTURA COUNTY 100% Green 32,854
WEST HOLLYWOOD 100% Green 26,612
WESTLAKE VILLAGE Lean 3,722
WHITTIER Clean 31,345
TOTAL
89.3% 3.3% 0.4% 96.3%
95.2% 2.1% 0.7% 97.3%
95.1% 99.7% 0.1% 0.2%
97.4% 2.2% 0.1% 97.7%
93.2% 3.1% 0.3% 96.5%
89.9% 2.0% 0.1% 97.9%
95.5% 1.5% 98.3% 0.2%
91.0% 3.3% 0.3% 96.4%
95.0% 4.2% 1.2% 94.7%
94.9% 1.7% 98.2% 0.1%
95.6% 1.3% 98.4% 0.3%
97.1% 0.9% 1.3% 97.8%
92.8% 2.8% 0.6% 96.7%
94.5% 2.4% 32.6% 65.0%
94.5% 3.1% 0.4% 96.5%
95.5% 3.1% 0.4% 96.5%
90.8% 4.0% 0.5% 95.5%
85.6% 3.3% 96.2% 0.6%
89.1% 6.4% 1.2% 92.4%
92.6% 4.0% 0.8% 95.2%
96.7% 0.3% 99.1% 0.7%
96.1% 2.4% 0.1% 97.4%
92.1% 8.0% 1.6% 90.5%
94.8% 3.4% 0.8% 95.8%
90.7% 2.3% 0.3% 97.4%
91.8% 5.8% 1.5% 92.7%
89.4% 99.6% 0.1% 0.2%
94.6% 4.0% 0.7% 95.4%
95.6% 99.8% 0.1% 0.2%
83.4% 8.1% 1.5% 90.4%
89.0% 4.8% 1.5% 93.7%
84.5% 6.9% 1.1% 92.0%
97.0% 2.6% 0.4% 97.0%
88.0% 99.4% 0.0% 0.6%
93.9% 2.0% 97.8% 0.2%
CUSTOMER STATUS REPORT
PARTICIPATION BY CITY AND COUNTY
November 20, 2024
ACTIVE ACCOUNTS BY ENERGY PRODUCT
Energy Option Active Accounts Percentage
100% Green
Clean
Lean
TOTAL 100.0%
10.7%
21.8%
67.4%
1,044,114
111,932
228,039
704,143
1,044,114 92.9%
Project Purpose Month Notes
Desert Quartzite
Letter Agreement to Power Purchase Agreement to document grid charging cessation procedures
November
2024
Drifter Amendment to Energy Storage Agreement to extend the termination deadline while parties identify mutually beneficial solutions October
2024
Desert Sands I
Amendment to Power Purchase Agreement to facilitate the transfer of the site to a backup facility contemplated in the contract, Key Energy Storage, and allow for a delay in COD in return for a price decrease September
2024
Wilmington 2 Amendment to Power Purchase Agreement to allow for additional payments of liquidated damages to extend the COD
September
2024
Dominquez Amendment to Power Purchase Agreement to allow for additional payments of liquidated damages to extend the COD
September
2024
Desert Sands II
Amendment to a Letter Agreement to the Energy Storage Agreement to extend the termination deadline while parties identify mutually beneficial solutions
August
2024
Workman Mill Termination of the Power Purchase Agreement for failure of Seller to meet contractual deadlines July 2024
Dinuba Biomass Termination of the Power Purchase Agreement for failure of Seller to meet contractual deadlines July 2024
Drifter Amendment to Energy Storage Agreement to extend the termination deadline while parties identify mutually beneficial solutions July 2024 Long-Term Energy Contracts Administrative Amendments, Letter Agreements and Terminations Executed Under Chief Executive Officer's Authority
Vendor Purpose Month NTE Amount Status Notes
Intelligence Press Natural gas data subscription Nov-24 $7,400 Active Cindy Levine Group
Amendment to PSA for management
coaching services Nov-24 $12,500 Active
Downey Brand LLP Legal Services (CPUC mediation) Nov-24 $55,000 Active Ross Associates Management coaching services Oct-24 $16,000 Active Perkins Coie
Amendment to Legal Services
Agreement for RFO support Oct-24 $70,000 Active
Actium LLP Legal services for general liability Oct-24 $55,000 Active Thorn Run Partners LLC Federal lobbying services Sep-24 $125,000 Active Sigman Computing Analytics platform Sep-24 $30,800 Active JustFOIA PRA request management software Sep-24 $9,835 Active Salesforce
Additional license for CRM
subscritpion
Sep-24 $3,733 Active
Helpmates HR temporary staffing services Aug-24 $24,000 Active Workable HR recruitiung paltform subscrption Aug-24 $14,028 Active DataCamp
Training subscription for Data &
Systems team
Aug-24 $1,200 Active
TRC
Amendment to PSA for reach code
technical consulting
Aug-24 $43,000 Active
Salesforce
Stakeholder relationship management
application subscription
Aug-24 $15,300 Active Renewal
Abbott, Stringham & Lynch Data security complaince services Jul-24 $18,500 Active Mellady Direct Marketing Print and mailing services Jul-24 $0 Active PSA end date extension only
to contract approved by the
Board of Directors on 9/3/21
ProductOfLA Interactive renewable energy model Jul-24 $30,000 Active LinkedIn LinkedIn Learning subscription Jul-24 $16,150 Active Hall Energy Law PC Energy procurement counsel Jul-24 $125,000 Active Renewal Burke, Williams, Sorenson, LLP
Legal Services Agreement (Brown Act,
public entity governance issues, and
other legal services)
Jul-24 $100,000 Active Renewal
Elite Edge Financial reporting services Jul-24 $93,600 Active Renewal SAESHE, Inc. Street teams support services Jun-24 $60,000 Active Snowflake Data cloud services Jun-24 $25,000 Active
Lazar Translating & Interpreting Translation services Jun-24 $50,000 Active Great Place to Work Institute Staff survey & certification platform May-24 $3,495 Active Abbot, Stringham & Lynch Power Source Disclosure audit services Apr-24 $56,400 Active Adapt2
Settlements Software PSA amendment
(updating payment dates only)
Apr-24 $0 Active
Langan GIS services (end date extension only) Mar-24 $0 Closed Viridis Consulting Customer Programs support services Feb-24 $0 Closed PSA end date extension only to
contract approved by the Board
of Directors on 9/7/23
First Principle Advisory IRP consulting services Feb-24 $50,000 Active Sagon Phior Social media creative services Feb-24 $50,000 Closed Posit Software Resource adequacy software Jan-24 $15,745 Active Salesforce Tableau subscription Jan-24 $6,499 Active
Ironclad
Contract management platform
updates
Jan-24 $11,886 Active
Jackson Lewis PC Legal services (employment law) Jan-24 $65,000 Active Verve Cloud Internet service Jan-24 $20,988 Active
Non-Energy Contracts Executed Under Chief Executive Officer Authority Rolling 12 months. Open contracts shown in bold.
Wrike Project management software Jan-24 $9,024 Active
Ironclad Contract management platform Jan-24 $41,750 Active Practising Law Institute Legal continuing education Jan-24 $13,940 Active Pinnacle Advocacy
Renewal and amendment to lobbying
services agreement
Jan-24 $76,652 Active
Omni Government Relations
Renewal and amendment to lobbying
services agreement
Jan-24 $102,492 Active
SAESHE, Inc. Outreach support services Jan-24 $25,500 Closed Wellable Employee wellness platform Jan-24 $10,975 Active Electric & Gas Industries
Association
Battery storage incentive rebate
processing and program management
Jan-24 $110,000 Active
Crown Castle Fiber LLC
Office dedicated internet access
service
Nov-23 $18,600 Active
Windstream Services, LLC Office telephone service Sep-23 $12,924 Active SBCCOG Satellite Board meeting venue Jan-23 $50/hr Active