SANTA CRUZ COUNTY
PERSONNEL ADMINISTRATIVE MANUAL

PURPOSE:

This program was developed by representatives of a number of County departments and coordinated by Transportation Commission staff. In fiscal year 94/95, this program was moved to the General Services Department and staff was provided to implement the elements of this program for compliance with the County's Ridership Reduction Ordinance.

LEGAL BASIS:


POLICY:

I. 

A. Variable Work Hours

Flex Hours

Possible Benefits of Flex Hours. Flex time allows individual employees to choose their own schedules within county or department-set guidelines. Most flex time arrangements allow employees to begin work as early as 6:00 am or as late as 10:00 am, and many allow workers to vary their arrival times from day to day. Most flex time programs allow employees to adopt a new schedule when their needs change. Variable arrivals provide workers with the leeway to experiment with carpooling and other transportation modes, then settle into a regular ridesharing routine. Flex time works well for office workers, including technical and clerical employees.

Employee benefit from the ability to splice together a schedule that suits work, commuting and home life more conveniently. Family emergencies and personal needs can be accommodated without an employee's being docked or reprimanded for tardiness.

The County and management benefit from reduced absenteeism, reduced turnover, and increased productivity. The community benefits from the easing of rush hour traffic congestion and reduced air pollution.

Clearly, flex time offers the scheduling flexibility needed to meet bus schedules and arrange carpooling more conveniently. Flex time also improves the quality of the commute. On the average, employees who drive or carpool save 10 minutes of commute time each way because flex time allows them to avoid the period of heaviest congestion. Auto commuters also save gasoline because less time is spent idling in heavy traffic, making frequent stops and starts. 

These arguments may appeal to the TRIP Committee, but County management may be more concerned about performance and productivity. Managers need to know that the system can be supervised and that it will produce "bottom line" returns.

Some of the benefits of flex time from the organization's point of view are: 

• Reduced absenteeism. Scheduling flexibility reduces one-day sick leaves that are a cover for tardiness or personal emergencies.
• Reduced turnover. Substantial turnover occurs when employees can't change schedules to accommodate the changing needs of children or spouses.
• Improved performance on the job. Different employees have different biological clocks. Some work better early, others late.
• Improved cooperation. It takes cooperation and communication to make scheduling flexibility work and most employees will invest the effort to make it work.
• An edge in recruiting. Scheduling flexibility is a valued fringe benefit.
• Improved community relations. The County is doing its part to mitigate traffic congestion and transit crowding.

Compressed Work Week

Four-day work weeks allow employees to complete 40 hours of work in four 10-hour days. The bonus for employees is an extra day off each week. This system is often called "'4-10-40" or "4-40" for short. Four-forty systems have a double impact on travel to work: one day of commuting is eliminated each week and the early arrivals and late departures built into ten-hour days mean that employees travel before and after the rush-hour peaks.

The form of compressed work week that is spreading most rapidly allows one day off after nine nine hour days (actually eight nine hour days and one eight hour day to a total of eighty hours). This program is called a "9-8". Unless paired with flex-time or staggered hours, this system does not shift travel out of the peak period. But it can reduce the number of work trips by one tenth, which is one of the prime objectives of the TRIP program.

Staggered Hours

With staggered hours, different work groups are assigned to begin work at different times. Once the schedules are assigned they are maintained and punctuality is required. Spacing arrivals at specified intervals before and after conventional business hours allows workers to travel at times when traffic moves more freely.

The main benefit of staggered hours to an organization is the relief of a congestion problem. By adopting earlier or later hours than nearby departments, a department allows its employees to avoid the worst periods of traffic congestion or transit crowding.

The latest county employee commute survey indicates that there are severe traffic congestion periods at the Governmental Center with 71% of employees arriving between 7:30 and 8:30 am and a full 81% departing between 4:30 and 5:30 pm. 

B. Design Issues



MAKING CRITICAL DECISIONS IN THE DESIGN OF A FLEXIBLE SCHEDULE

1. LENGTH OF DEPARTMENT WORK DAY: When will it begin and end?
2. CORE TIME: What common hours are all employees expected to be on the job?
3. FLEXIBILITY: How much room for choice will each employee have?
4. VARIABILITY: How much will employees be allowed to vary their schedules from day to day?
5. EACH EMPLOYEE'S WORK DAY: Will its length change? 
6. ELIGIBILITY: Which employees will be eligible?
7. SUPERVISORY DISCRETION: How much schedule control will supervisors retain?
8. TRAINING FOR SUPERVISORS: What help will supervisors be given in learning new roles that they will be required to play?
9. COVERAGE: How will it be assured? 
10. TIMEKEEPING: How will records be kept and abuse be discouraged?
11. DEGREE OF FLEXIBILITY: Should the Department have a fully or moderately flexible schedule?

1. LENGTH OF DEPARTMENT WORKDAY


Alternative work hours expand the department workday. The most frequently adopted workday extends from 7:00 am to 6:00 pm. A more restricted span does not allow employees to avoid a significant amount of traffic congestion. Neither does it reduce short-term absenteeism appreciably, because employees do not have enough time to attend to personal business before or after work.

2. CORE TIME
   
   "Core Hours" are the hours during which all employees are expected to be on the job. "Core Days" are the days in which all employees are expected to be on the job. These are the days that staff meetings, etc. are scheduled. 
   
   
   
3. FLEXIBILITY
   
   Selecting the span of the work day and its "core time" determines the hours and days within which employees are allowed to choose personal arrival times. The majority of companies adopting alternative work hours allow employees to vary the length of their lunch period. This adds another dimension of flexibility to both the lunch period from day to day. The routines that develop mean that little predictability is lost by establishing a flexible lunch hour, yet considerable improvement in short-term absence and employee satisfaction can be achieved.
   
   
   
4. VARIABILITY
   
   Most alternative work hour programs allow employees to vary the time they start work each day. A smaller number allow them to vary the length of the lunch period. A still smaller number allow them to vary the number of hours worked each day so long as 40 hours are worked each week. 
   
   Even when full variability is permitted, most employees adopt a regular routine - using their full flexibility only when special circumstances arise. Variability is important from a transportation point of view because it provides the leeway to experiment with carpooling and other alternate transportation use. If transportation is occasionally unreliable, variability builds in a cushion for the employee who would otherwise be considered "late". 
   
   
   
5. EACH EMPLOYEE'S WORKDAY
   
   Wage and hour laws complicate the implementation of alternative work hours that allow employees to carry "credit" or "debit" hours from day to day or week to week. Therefore, many companies adopt alternative work hour programs that simply allow the eight hour day to float early or late by employee choice. Thus, the contract workday and overtime pay procedures are unaffected by most alternative work hour programs. 
   
   
6. ELIGIBILITY
   
   Alternative work hours close the status gap between the scheduling privileges enjoyed by executives and clerical workers. It breaks down the corporate "caste systems" in a way that increases job commitment and treats employees as responsible adults. Most companies extend alternative work hour privileges to all employees except those that perform certain functions. Functions that frequently remain on rigid or staggered schedules are: those that require continuous coverage, shift work requiring precise interface, functions with daily fixed deadlines, sequential tasks performed by two or more employees, and jobs that require extensive communication, coordination, or interfacing within the company or with customers or the public. Many of these functions, however, can achieve flexibility through cooperation among employees within a unit. 
   
   
   
7. SUPERVISORY DISCRETION
   
   Typically, a company's alternative work hours policy states that flexibility must five way where it conflicts with the requirements of work flow. This means that work-unit supervisors retain a significant degree of control over the actual limits of employees' scheduling choice. It also means that some units can offer flex-time while others adopt staggered hours with fixed arrival and departure times. Differences in the way supervisors interpret work unit requirements and the extent to which they restrict the flexibility conferred by company policy can be arbitrary. 
   
   
   
8. TRAINING FOR SUPERVISORS
   
   Although supervisors typically anticipate far more problems with flex-time than actually materialize, their apprehension is not altogether unwarranted. About thirty-five percent of users report that work scheduling and/or communication become more difficult after flex-time is adopted. Consequently, flex-time creates a need for better management. Preliminary meetings should be held with supervisors during which they can voice their concerns and develop solutions to expected problems. Research shows that when organizations hold meetings for supervisors and appoint internal project directors to whom supervisors can go for help, scheduling and communication problems develop far less often. 
   
   
   
9. COVERAGE
   
   To avoid work coverage problems, supervisors should carefully analyze work flow and arrange necessary coverage prior to conversion to the new work schedule. An instrument that can be used to make this analysis is presented at the end of this section. Supervisors who ask the help of their subordinates in thinking through the kind and amount of coverage that will be needed throughout the workday find that their employees understand the necessity for possible limitations on their personal flexibility. In order to enjoy the benefits of flex-time, they are willing to take whatever steps are required to assure adequate coverage. 
   
   
   
10. TIMEKEEPING
    
    When employees vary their work times, each individual needs a record of the hours he or she has worked in order to know how many more hours are due. Additionally, wage and hour law requires employers to maintain a record of the time worked by their hourly employees. 
    
    Management attention must shift from punctuality to performance when flex-time is instituted. Supervisors should establish minimum performance and output standards, charge employees with meeting those standards as a condition for retaining flex-time, and evaluate performance against those standards. 
    
    Very few employers (10 percent) report employee abuse problems, such as cheating on time worked or failure to work in the absence of the supervisor. But neither is flex-time a panacea. Supervisors agree that employees who cheated under conventional hours are the same ones who cheat under flex-time. Most organizations take the precaution of stating in their employee guidelines that the flex-time privilege will be withdrawn from those who abuse it. 
    
    
    
11. DEGREE OF FLEXIBILITY
    
    The few studies that compare the effects of limited and fully flexible applications show that the more variable plans deliver a larger number of business advantages. The potential for reducing overtime and short-term absence is greater when employees have more latitude to adjust their schedules to work demands or personal problems. In some work situations, this much uncertainty could seriously impair work flow, but in most cases allowing maximum flexibility creates no problems simply because employees seldom use it. Most people find their own optimum schedules and follow them daily unless something unusual happens. Thus, maximum flexibility is used like an insurance policy that can be called upon when needed. Moreover, carpools encourage conformity in work hours. Instituting carpooling and flex-time programs simultaneously produces more conservative flex- time in practice even though a liberal variant of the system has been adopted as policy. 
    
    Perhaps the best advice is to start somewhat conservatively, because it is easier to grant privileges than to take them away. 
    

C.  POLICIES AND PROCEDURES 


GUIDELINES FOR DEVELOPING
POLICIES FOR DEPARTMENT SPECIFIC FLEXIBLE WORK HOURS 


Santa Cruz County has acknowledged "that there may be benefits both to the employer and the employee in the application of ...flexible work hours for employees." (MOU, page 69) 

Proposals for flexible work hours (including staggered hours and compressed work weeks) shall take the following guidelines into account: 

1. The hours of ____________ are core hours and shall be included in the proposed schedule. 
   
   
2. The employee shall be present in the office at least ______ (business) days a week for full time employees, or ______ (business) days a week for part time employees. 
   
   
3. Set required Core days. 
   
   
4. While the basic goal is to provide employees with a maximum choice with regards to work hours, it may be necessary for the immediate supervisor to adjust an individual's flex-time schedule in order to meet the operational requirements of the department or unit. 
   
   
5. The proposed schedule is subject to approval by ________________________ (department head). The employee's immediate supervisor will review the proposal and recommend approval or denial to the ___________________. 
   
   
6. No employee will be required to adjust his or her present regular work schedule to hours which will be inconvenient or cause a hardship. 
   
   
7. Will take into account holidays and their impact. 
   

December 12, 1991 

SUBJECT: "9/8" WORK SCHEDULES 

A "9/8 work schedule is one where employees are scheduled to work four 9 hour days and one 8 hour day in one week, and four 9 hour days in the next week, thus providing employees with a three day "weekend" every other week. Examples of such schedules are provided in Attachments 1 and 3. Such 9/8 schedules are feasible under the Fair Labor Standards Act (FLSA), PROVIDED certain specific work periods are defined and other requirements met. There are also certain limitations inherent in 9/8 work schedules. This is to set forth these requirements and limitations, and to address some of the issues which arise with 9/8 schedules. 

Some definitions which will help: 

"Work schedule" means the regularly scheduled hours of work for an employee (e.g., 8 a.m. to noon, 1 p.m., Monday through Friday). 
"Work period" is a 168 consecutive hour period on which overtime is based. (168 hours is equivalent to seven 24 hour days.) 

INTRODUCTION: 

1. Requirements of Fair Labor Standards Act 
   
   Under the Fair Labor Standards Act (FLSA), the work period for EACH employee must be defined in writing, and must be readily available and accurate. 
   
   For most employees (including all employees in the General Representation Unit , all extra-help employees, and "management trainees"), the work period under FLSA is 168 consecutive hours. Under County regulations, the standard work period for such employees is Friday midnight (12:01 a.m. Saturday) through the next Friday at midnight (as:00 a.m.). Work periods for 9/8 schedules are shown on Attachment 1. 
   
   Each work period stands alone under the FLSA. An employee must be paid overtime at the FLSA "regular rate" for all hours worked over 40 in that work period.* Hours omitted from a prior time card cannot be added to or subtracted from a different work period as it will result in an incorrect "regular rate." Such "after the fact" corrections not only affect overtime computation in the work period where the omission occurs, but also the work period where the correction is attempted, and also results in incorrect payment of any compensatory time when an employee separates. 
   
   *The "regular rate" is computed by dividing the compensation an employee receives (base salary + differentials + on-call and any other pay) for the work period by the number of hours WORKED in that work period. Under this formula, the "regular rate" can (and usually is) different EACH pay period because: (1) the number of hours actually worked will vary as a result of paid or unpaid time off or extra hours worked and/or (2) the amount of compensation differs as a result of differentials, on-call pay or other compensation received in different work periods.
   
   An employer may change the work period of an employee or move an employee to a different work period, provided the change is intended to be "permanent" (on-going) and is not a subterfuge to avoid payment of overtime. When the work period is changed for an employee or the employee moves to a different work period, any hours worked during the overlap between the two work periods MUST be applied to the advantage of the employee in computing overtime. (CFR Sections 778.105, 778.301, 778.302.) 
   
   In reviewing the 9/8 schedules shown in Attachments 2 and 3, please note that if an employee is moved to a 9/8 schedule but the work period is NOT changed (i.e. the employee is left on the standard work period), this will usually result in overtime in one work period and less than 40 hours worked in the next work period. The specific amount of overtime or of leave of absence without pay (which does not count towards paid leave accrual, step advancement, and the like) is dependent upon the specific work periods and schedules. If an employee is moved to a different work schedule but the work period is not changed, the employee MUST be compensated in accordance with the work period. No "administrative oversight" or other "out" is provided under FLSA. 
   
   
2. Standard Work Period versus Work Periods for 9/8 Schedule. 
   
   A number of flexible work schedules can be applied during the standard work period. These include 4 day/10 hour schedules (e.g., Monday through Thursday or Tuesday through Friday), and schedules such as four 9 hour days and one four hour day. Such work schedules do not require a different work period, avoid the problems entailed with employees moving between work periods, and present fewer administrative problems. However, they may not meet the needs of a department or be as attractive to employees as a 9/8 schedule. 
   
   As 9/8 schedules require the establishment of a different work period, are somewhat more difficult to administer, and inherently entail some overlap between work periods and thus have the potential of "automatic" overtime, it is necessary to have the CAO's prior approval to place employees on a 9/8 schedule/work period. (See Section 16.2 A. s. a. of the Personnel Regulations.) 
   
   A department should carefully review the consequences of selection of a particular 9/8 work schedule. Attachment 3 is intended to help in such a review. The following generalizations may also be helpful:
   
   
   1. All 9/8 work periods cross pay periods. However, the two recommended work schedules shown on Attachment 1 minimize such cross over because employees are not scheduled to work the Monday or Friday which falls in the other pay period.
      
      
   2. To avoid overtime when two work periods overlap, a temporary adjustment of the employee's work hours is necessary. The recommended 9/8 schedules only require one such adjustment-either when moving from a standard work period to the 9/8 work period, or when moving from the 9/8 work period to the standard work period. Other 9/8 schedules often require such an adjustment at both ends.
      
      
   3. Most temporary adjustments in hours to avoid overtime when moving between schedules result in lost "coverage"---i.e., the employee is available for fewer hours.
      
      
   4. The greater the overlap between work periods, the more complicated the temporary adjustments that are needed to avoid overtime.
      
      
   5. The greater the number of work schedules used in a department, the more complicated and frequent become temporary adjustments in work hours to avoid overtime.
      

3. Overlapping Work Periods 
   
   If an employee work his/her "regular" or usual hours during the overlap between work periods, this will result in overtime as illustrated by Attachments 2 and 3. The overlap can occur as a result of : (1) moving from the standard work period to a 9/8 work period; (2) moving from one 9/8 work period to another 9/8 work period; and (3) moving from a 9/8 work period to the standard work period. The amount of possible overtime is dependent upon extent of overlap between the two work periods. The actual overtime that may occur is dependent between the two work periods. (See Attachments 2 and 3.) 
   
   
   
4. Avoidance/Reducing Liability from overlapping work periods. 
   
   Attachment 3 shows overlapping work periods for various changes in work period, the problems entailed in such overlap, and shows one or two methods to temporarily adjust an employee's hours to avoid overtime during the change. It also includes examples where there is no difference in work period between two schedules, but work hours must be adjusted to avoid overtime in changing between schedules. 
   
   In reviewing the examples, please note that: 
   
   1. Adjustments to avoid overtime require planning, and frequently require a change in the employee's work hours the week PRIOR to the formal changeover.
      
      
   2. Temporary adjustments to avoid overtime require the understanding and cooperation of the employees. It is important to give employees as much advance notice as possible, and to identify the options and consequences of any temporary adjustments.
      
      
   3. Attachment 3 is not intended to be exhaustive. There may be other adjustments that are possible. Should you have ANY questions, or see other possible options, please consult first with Employee Relations staff in Personnel or with the Payroll Supervisor in the Auditor's Office.
      

5. Characteristics and Common Problems with 9/8 Schedules 
   
   The following are characteristics or factors to be taken into account when dealing with 9/8 schedules: 
   
   1. When a holiday falls on a nine hour work day, a full-time employee will receive 8 hours of holiday pay, and must work one additional hour in that work period or take an hour of paid leave (i.e., annual leave, vacation, or compensatory time off, but NOT sick leave) to attain 40 hours in the work period. (See Attachment 4, Time Card Instructions.)
      
      
   2. If a holiday falls on an employee's eight hour day, the holiday leave must be credited to the appropriate work period (e.g., for a full-time employee, 4 hours worked must be credited to one work period and 4 hours to the next work period).
      
      
   3. If a holiday falls on the employee's weekday off, the employee must either: (1) receive paid leave for the holiday (which does not count towards overtime); or (2) be given the same number of hours off with pay on another day in the same work period (and such hours do not count towards overtime).
      
      
   4. If a training class occurs on the employee's weekday off (e.g., Friday), the employee will not be paid for the time in the training class (provided the attendance is voluntary).
      
      
   5. An employee who is on required court leave (e.g. jury duty) on his/her weekday off must be given an equal number of hours off as leave with pay during the same or next work period. Such leave with pay does not count when computing overtime.
      
      
   6. The 9/8 schedule limits the flexibility in determining when the work day begins on the 8 hour "split" day. If the employee starts one hour earlier than normal, the employee may have one hour of overtime during the work period unless s/he takes a two hour lunch (e.g., if the normal lunch period begins at noon, the employee would have to take a two hour lunch period beginning at 11 a.m.).
      
      
   7. Records of the SPECIFIC work period for EACH employee must be retained, for a minimum of three years. The department should maintain such records, AND provide copies to the Payroll Unit in the Auditor's Office.
      
      
   8. A different benefit status code is used in the payroll system to identify employees on a 9/8 work schedule. When an employee is moved from the standard work period to a 9/8 work period, or vice versa, it is necessary to submit an action to reflect the correct benefit status. The different benefit status is intended to aid in recordkeeping and to minimize calls to departments regarding time cards.
      
      
   9. Changes between work schedules become especially cumbersome if a holiday fall on the 8 hour "split" day in a 9/8 schedule. (See Attachment 6.) Changes should not be made when such a holiday occurs, if possible.
      

   The following are common, recurrent problems encountered with a 9/8 schedule: 
   
   

   1. An employee is moved (e.g.) reassigned, transferred, promoted) from one work period to another, but the hours worked during the overlap between the two period are not credited to the appropriate work period.
      
      
   2. An employee works more than his/her normal hours on the 8 hour day, and the hours are not credited to the appropriate work period.
      
      
   3. When a holiday falls on the eight hour day, the holiday leave is not credited to the appropriate work periods (e.g., for a full-time employee, there will be 4 hours of holiday leave in one work period and 4 hours in the other work period).
      
      
   4. When an employee works on the employee's normal weekday off, the hours worked are not credited to the appropriate work period.
      

   
   
   REQUESTS FOR APPROVAL OF 9/8 SCHEDULE BY CAO 
   
   Requests for placing employees on a 9/8 schedule must be approved in ADVANCE. The request should address each of the points outlined below. 
   
   

   1. What specific work period schedule(s) is/are requested? 
      
      
   2. To whom will the 9/9 schedule apply? Will it apply to all employees in a job class in the department or only to certain employees in a job class? (A listing of employees should be attached unless the schedule is intended to apply to all regular employee in specified classes.) (If the schedule is intended to apply to all employees in a job class, a listing of such classes should be attached.)
      
      
   3. Will extra-help employees also be placed on a 9/8 schedule? Will the 9/8 schedule apply to all extra-help employees, or to only extra-help employees in certain classes, or only to certain extra-help employees in job class(es)? If the 9/8 schedule will only apply to certain job classes or certain extra-help employees, a listing of the classes or employees should be attached.
      
      
   4. When do you desire to change to the 9/8 schedule?
      
      
   5. What is the plan to avoid overtime in the initial change over of employees from the standard work period to the 9/8 work period? Are employees aware of this, and have they agreed to the plan?
      
      
   6. If not all employees in the department will be on the same work period, how frequently will employees move (through promotion, transfer, reassignment) between jobs with different work periods?
      
      
   7. What benefits accrue to the County and your clientele by moving to a 9/8 schedule?
      
      
   8. How will a 9/8 schedule enhance services to your clients (public or other departments), versus a 5/8 or some other work schedule?
      
      
   9. Will the absence of staff on their weekday off detract from your department's services to clients?
      
      
   10. Will some other flexible work schedule meet the needs of your department and employees just as well as the 9/8 schedule? Why not?
       
       
   11. What is your estimate of the overtime costs entailed in your proposal, and how will this be financed from your budget?
       
       
   12. What procedures do you intend to use to avoid overtime when there is an overlap in work periods as a result of: (a) appointment of an employee to a 9/8 work schedule from another department who is on a standard work schedule in the other department; (b) movement of an employee on a 9/8 schedule to another department where the employee will be on a standard work schedule; (c) movement of an employee within your department from the standard work period to a 9/8 work period; (d) movement of an employee from one 9/8 work schedule to a different 9/8 schedule within your department?
       

PROCEDURES

1. Request and obtain approval in advance from the County Administrative Office. (See above.) Forward a copy of the request to the Payroll Unit of the Auditor's Office. When the CAO's Office approves a request, a copy of the approved request should be sent to the Payroll Unit, with the effective date noted.
   
   
2. Submit action forms to show the correct B/S for the work period when employees are being moved to and from a 9/8 work period to a different work period.
   
   
3. Develop written guidelines on who changes will be effected when moving from one work period to another, to avoid overtime and to communicate correctly with employees.
   
   
4. Train supervisors and employees on requirements and correct completion of time cards.
   
   
5. Inform employees of the pros and cons of 9/8 schedules, and the impact on them of holidays and the like. Make sure employees understand and gain their cooperation in scheduling work hours to minimize overtime when moving from one work period to another. Make sure this is done for employees who are moving to your department, as well. (See 4 and 5 of Introduction, above.)
   
   
6. Impress on managers, supervisors and employees that each work period stands alone, and that it is NOT possible to "make up" or "average out" hours worked between work periods (or pay periods).
   
   
7. Follow attached instructions regarding completion of time cards. Pay particular attention to instructions regarding recording of hours worked on 8 hour day, and for holidays.
   
   
8. When an employee is moving to your department or from your department, find out the work period the employee is/will be on in the other department so that the move can be scheduled correctly while minimizing overtime.
   
   
9. When an employee moves from one work period to another, always place a note on the time card. See Attachment 4.
   
   
10. If a time card is sent to Payroll which is incorrect, follow the instructions on Attachment 5 regarding correcting the time card. This includes: a time card where hours were omitted; when employee did not take paid or unpaid leave shown on the time card; when employee was overpaid (shown working hours which were not worked or where paid leave was taken instead of the employee working).
    

Attachments: 

• 1 Recommended 9/8 schedules.
• 2 Examples of overlapping work period and consequences of not changing work periods.
• 3 Examples of methods to avoid overtime in moving between work schedules.
• 4 Time card instructions.
• 5 Time card corrections.
• 6 Specific situations - holidays and 9/8 schedules.
• 7 Special situations - moving between weekend 5/8 schedule and 9/8 schedules. 

January 9, 1992

REFERENCES RELATED TO T.R.I.P. PROGRAM - TRIAL FLEX-HOUR AND TELECOMMUTING

CODE OF FEDERAL REGULATIONS (CFR) UNDER FAIR LABOR STANDARDS ACT:

Part 516 Records to be kept by employers.
Part 553 Application of FLSA to employees of State and local governments (1/16/87)
Part 778 Overtime compensation.
Part 785 Hours worked.
Part 790 General statement as to the effect of the Portal-to-Portal Act of 1947 on the Fair Labor Standards Act of 1938.


COUNTY CODE PROVISIONS:

3.32.010 (4.25.010) Basic Work Week.

3.32.020 (4.25.020) Office Hours. All departments are to remain continuously open from 8 a.m. to noon, and from 1 p.m. to 5 p.m., unless designated by resolution of the Board of Supervisors. Further, the offices of the Sheriff, Recorder, Clerk Auditor, Treasurer and Tax Collector must remain open continuously from 8 a.m. to 5 p.m.

3.32.030 (4.25.030) Time and Attendance Reports. Departments are responsible for maintaining and certifying reports on forms approved by Board of Supervisors.


Chapter 2.32 - USE OF COUNTY VEHICLES.


PERSONNEL REGULATIONS - SECTION 160, SALARY, COMPENSATION AND LEAVE PROVISIONS: 

162.1 Hours of Work/Scheduled Hours.

162.2 Overtime.

162.2 A 2. Work Period Defined. For employees with a one week work period, that period is defined as the period running from one Friday at midnight (12:01 a.m.) to midnight (12:00 a.m.) the following Friday. A different 168 consecutive hour work period can be used if approved in advance by the CAO.

162.2 A 3. Overtime defined.

163 D. On-Call Duty.

163 E. Call Back Premium Pay.

163 F. Emergency Response-Social Work Staff.


COUNTY PROCEDURES MANUAL:

Title I - Section 500. Payroll Procedures.
-Completion of time cards.

Title III-Section 300. Use of County Vehicles.

Title III-Section 320. Use of Private Vehicles for County Business.


OTHER REFERENCES:

Board of Supervisor's Policy regarding compliance with Fair Labor Standards Act (Form 0025).

Forms required by Board of Supervisors for employees to request time off, including leaves of absence without pay. Forms PER 72 and PER 73.

Provisions of Memoranda of Understanding regarding what constitutes time worked, time not worked, meal periods, and the like. For example, Articles 11.1 Meal Periods and 11.2 Rest Periods, of the General Representation Unit MOU.

Interpretative and policy materials from the Personnel Department, including guidelines of paid leave from work, training time, and the like.

Attachment-A

TRIP REDUCTION PILOT PROJECT - INFO SERVICES DEPARTMENT
4/10 WORK SCHEDULE GUIDELINES

The guidelines to using the 4/10 schedule are divided into two categories: GENERAL - those that apply to the whole department, and SPECIFIC - those that may differ from one division to another.

GENERAL:

1. Participation is voluntary and participants must agree to whatever guidelines are finally adopted by each division. This program is considered a privilege and individual participation may be cancelled at any time at management's discretion.
   
   
2. Participants understand that this is a pilot project and is, at least for the present, a temporary program. It may be cancelled at any time at management's discretion.
   
   
3. Supervisors will insure that their areas of responsibility are adequately covered. Participants must be willing to adjust their schedules accordingly.
   
   
4. Participants agree not to deviate from the 4/10 schedule without appropriate advance notice.
   
   
5. Participants MUST take care of their timesheet, timecard and WHEREIS responsibilities in a timely manner.
   
   
6. Supervisors will maintain calendars that are accessible by anyone in the department indicating the work/time off schedules for each member of their group including those employees who are not participating in the project.
   
   
7. Any week containing a holiday reverts back to the traditional 5/8 work week.
   
   
   SPECIFIC - INFO CENTER:
   
   
8. Participants agree to work 8 of their 10 hours between 0800 and 1700. This means 4/10 core hours are 0830 and 1630.
   
   
9. Participants will abide with the work schedule developed by the Information Center.
   

SPECIFIC - APPLICATIONS DEVELOPMENT:

Decisions to enter or exit the program as well as selections of days off will be done by the close of business on the Wednesday prior to the week in question.
Participants may select Monday, Tuesday, Thursday or Friday as their day off. Wednesdays will be used for group meetings when required.
Participants agree to work 8 of their 10 hours between 0800 and 1700. This means 4/10 core hours are 0830 to 1630.



TRIP REDUCTION PILOT PROJECT - INFO SERVICES DEPARTMENT
4/10 WORK SCHEDULE GUIDELINES



I have reviewed Attachment-A and I agree to abide by these guidelines. In the event there are changes made to Attachment-A, I agree to abide by the changes or withdraw from the project.



____________________________ _______________
Employee's Signature                         Date 



_____________________________ _______________
Supervisor's Signature                         Date



ADMINISTRATION DIVISION'S POLICY ON FLEXIBLE WORK HOURS 


Santa Cruz County has acknowledged "that there may be benefits both to the employer and the employee in the application of ... flexible work hours for employees." (MOU, p. 69)

Proposals for flexible work hours within the Administrative Division shall take the following guidelines into account:

1. The hours of 10 a.m. - 3 p.m. are core hours and shall be included in the proposed schedule.
   
   
2. The employee shall be present in the office at least for business days a week for full time employees, or two business days a week for part time employees.
   
   
3. Regardless of approved schedule, the employee shall be present as required at meetings.
   
   
4. Flexible hours for employees with public contact positions are subject to limitation, depending on the availability of division staff to cover the public service position. In the case of illness or approved time off of the replacement staff, the employee may be ordered to work.
   
   
5. The proposed schedule is subject to approval by the Chief of Administrative Services. The employee's immediate supervisor will review the proposal and recommend approval or denial to the Chief of Administrative Services.
   

D. Screening Survey/Contract


Issues for Supervisors


DIRECTIONS: This analysis should be made to determine the compatibility of flex-time and functions of your work unit. Before you complete it, read the attached materials to make sure that you understand the flex-time concept. Work and work flow have previously been organized within the confines of fixed hours. If a flexible schedule is adopted, some functions may still need to be performed at specific hours. This form is intended to help you think through the functions performed in your work unit and identify areas where adjustments are needed. Work requirements to consider include:

• Tasks that must be performed by groups of people working together.
  
  
• Sequential tasks in which one person's output becomes another per son's input.
  
  
• Equipment that must be operated or service that must be provided
  during specific time periods.
  
  
• Daily or weekly peak loads.
  
  
• Interactions required within the work unit, with other work units,
  with the public, or with representatives of other organizations, and the times of day that they are required.
  
  
• Changes in demand patterns that might result from changed work
  schedules in other work units.
  
  
• Functions that must be carried on outside core hours.
  

  ---

  
  
  

  1. Name of work unit:____________________________________________________
     
     
  2. Mission of unit:______________________________________________________
     
     
  3. Number of positions by job title:_____________________________________
     
     ______________________________________________________________________
     
     ______________________________________________________________________
     
     
  4. Recurring functions that must be carried out during a specific time
     period--explain any that cannot be adequately performed under flex-time.
     
     ______________________________________________________________________
     
     _______________________________________________________________________
     
     _______________________________________________________________________
     
     Number and job titles of persons who carry out these functions:
     
     _______________________________________________________________________
     
     _______________________________________________________________________
     
     _______________________________________________________________________
     
     Describe ways these functions could be carried out under flex-time through coordination of work schedules among people who hold these positions, setting minimum coverage requirements, cross training, team flexibility, or work redesign:
     
     _______________________________________________________________________
  5.  
     _______________________________________________________________________
  6. 
     _______________________________________________________________________
  7. 
     _______________________________________________________________________ 
  8. 
     _______________________________________________________________________
     
     
  9. Recommended core hours to enable your unit to carry out its mission successfully:
     
     Minimum core hours ___________ Specific core hours_____________
     
     
  10. Probable advantages of flex-time for your work unit.
      
      
  11. Possible disadvantages of flex-time for your work unit:
      
      ______________________________________________________________________
      
      ______________________________________________________________________
      
      ______________________________________________________________________
      
      
      
  12. Current methods of measuring productivity in your unit. If none are
      presently used, describe methods or measures that could be developed to determine the effect of flex-time on your operations:
      
      ______________________________________________________________________
      
      ______________________________________________________________________
      
      ______________________________________________________________________
      
      
      
      
      
      
      
      
  13. Other comments or considerations:
      
      _____________________________________________________________________
      
      _____________________________________________________________________
      
      _____________________________________________________________________
      
      _____________________________________________________________________
      
      
      
      
      _________________________________
      Signature of Work Unit Supervisor
      

  TELECOMMUTING
  
  
  Telecommuting is becoming an internationally recognized way to help solve our transportation management and pollution control problems. The latest statistics indicate that over 6 million Americans use some form of telecommuting and participants are rapidly growing.
  
  
  WHAT IS TELECOMMUTING?
  
  Moving the work to the workers, instead of moving the workers to work. "In a country that has been moaning about low productivity and searching for new ways to increase it, the single most anti-productive thing that we do is to ship millions of workers back and forth across the landscape every day. We have to break through the idea that an executive is a person who drives 33 miles a day to a central location where hundreds or thousands of people work in cubicles and, unless you go there, nothing gets done." 
  -Alvin Toffler
  
  
  PROGRAM BENEFITS
  
  

  1. Higher productivity from employees. Managers consistently report that the quality and quantity of the work done by telecommuters increases by an average of 20% (Buck Benham of U S WEST claims that studies show telecommuters to be 35 to 40 percent more productive than their counterparts who work in the office full time.)
     
     
  2. Better management. Managers of telecommuters must set clear goals and specific objectives. They must communicate well with their employees and measure performance by results and manage by objectives, not observations and projects, not individual tasks.
     
     
  3. Reduced traffic congestion, air pollution, and parking space needs.
     Employees reduce their work travel and do not need valuable parking spaces on days they telecommute.
     
     
  4. Reduced turnover. Telecommuters are loyal to their companies. They seldom quit, reducing training and recruitment costs. Flex hours and telecommunications are also a competitive advantage in recruitment.
     
     
  5. Reduced absenteeism. Telecommuters rarely miss work. They work at home when they do not feel well enough to come into the office.
     
     
  6. Sick child care. Parents can stay at home and work when their child is unable to go to school or child care.
     
     
  7. Lower office space costs and allows additional employees. Specific overhead cost savings over the long-term include the reduced need for parking spaces, equipment, office furniture, and other general facility costs including maintenance, power and lighting.
     

  SELECTION OF PARTICIPANTS FOR THE PROGRAM 
  
  Participants volunteer to participate in the program, with approval of their supervisors and department head. Participants would be selected based on their job duties and personal skills and abilities matching established criteria. Schedules and specific procedures would be determined once participants were selected.
  
  
  SUGGESTED CRITERIA FOR ACCEPTANCE INTO THE PROGRAM
  
  

  1. The job is compatible with the program.
     
     
  2. The job has definite timelines and objectives. There are defined milestones for long projects and beginning and end points for shot projects.
     
     
  3. The person can use necessary technology (computer, telephone, fax, voice mail) to communicate with the main office and accomplish specific tasks.
     
     
  4. The person must have the right attitude and skills to work at home. Essential characteristics include self-motivation, job knowledge, discipline, independence, organization, and excellent time management skills. 
     
     
  5. The home work environment is compatible. Adequate equipment and supplies, including relevant documents, must be provided.  Ensure that family needs will not conflict with the employee working at home. (It is unrealistic to assume childcare will not be needed if working at home.)
     

  THE STATE OF CALIFORNIA TELECOMMUTING PILOT PROJECT
  
  
  Conclusions:
  
  

  1. Top-down support is vital. A prerequisite to successful participation of an organization in any innovation is the support of senior management.
     
     
  2. Senior management support, although necessary, is not sufficient. An active "champion" is needed in each agency to spark participation through the startup period.
     
     
  3. Telecommuters and their supervisors must be volunteers. If either party feels forced to telecommute, or to supervise telecommuters, performance tends to suffer.
     
     
  4. Screening is important. Not all employees can telecommute effectively, either because of the requirements of their jobs or because of personal and/ or work-social considerations.
     
     
  5. Training is the key. There are significantly higher performance results when both the telecommuters and their direct supervisors have received Telecommuting-specific training from the coordinator before telecommuting begins.
     
  6. Major capital investments are not necessary. Few unplanned expenditures for computers or other telecommuting-specific technology were required. Often, where telecommuters worked frequently from home, their provided computer was moved from office to home.
     

     COMPANIES WHO HAVE SUCCESSFULLY INSTITUTED TELECOMMUTING/ALTERNATIVE HOURS
     
     American Express
     AT&T
     Best Western
     Citibank
     Control Data Corporation
     County of Los Angeles
     County of San Diego, DPW
     County of Ventura
     GTE
     Hartford Insurance Group
     Hughes
     IBM
     J.C. Penney
     Mountain Bell
     New York Life Insurance
     New York Telephone
     Pacific Bell
     South Coast Air Quality Management District
     State of California
     UCLA
     Walnut Creek
     Xerox
     
     Ventura County Findings:
     
     

     • 38% of supervisors observed increase in employee productivity
       
     • 36% of supervisors reported decrease in absenteeism
       
     • 98% of supervisors recommended flex hours as permanent arrangement
       
     • 96% of employees believed both quality and quantity of work had either stayed same or improved
       
     • 83% of employees reported improved morale
       

     II.B. TELECOMMUTING AGREEMENT
     
     
     
     COUNTY OF SANTA CRUZ
     TELECOMMUTING AGREEMENT
     
     The undersigned agree that effective ________________through_______________ _________________, ________________________ can telecommute pursuant to the telecommuting policies and procedures of the County of Santa Cruz in accordance with the following:
     
     

     1. Telecommuting is entirely voluntary and may be cancelled by the employee or the County at any time.
        
        
     2. The duties, obligations, responsibilities and conditions of a telecommuters employment with the County remain unchanged. Employee's salary, retirement, benefits and County-sponsored insurance coverage shall remain unchanged.
        
        
     3. Employee's home addresses and telephone numbers remain confidential and are not to be given out.
        
        
     4. The use of equipment, software, data supplies and furniture, when provided by the County for use at the remote work location, is limited to authorized persons and for purposes relating to County business.
        
        
     5. Employees should designate a work space for installation of equipment to be used in the project. This work space must be maintained in a safe condition, free from hazards and other dangers to employee and equipment.
        
        
     6. Since the employee's remote work space shall be considered an extension of the County work space, the County's worker's compensation liability for job related accidents or injury will continue to exist during the employee's telecommuting work hours.
        
        
     7. In the event of delay in repair or replacement of equipment or any other circumstance under which it would be impossible for the employee to telecommute, the employee will return to primary County work location.
        
        
     8. When County equipment is provided to the employee, the employee is responsible for seeing that the equipment is properly used. The County will provide for repairs to County equipment.
        
        
     9. When the employee uses his/her equipment, the employee is responsible for maintenance and repair of equipment.
        
        
     10. Requests to work overtime, use sick leave, vacation or other leave must be approved by the employee's supervisor in the manner as when working in the regular office.
         
         
     11. If a telecommuter is sick while working at home, the telecommuter reports those hours worked and uses sick leave for hours not worked.
         
         
     12. Employees who telecommute and their supervisors are required to participate in all studies, inquiries, reports or analysis relating to telecommuting for the County. While the employee's individual responses will not be published, the data may be compiled and made available to the public without identification of employees.
         

  7. This agreement may amended by the County providing written notice of the change to the employee.
     
     
     We have read and understand the above material and it has been discussed.
     
     
     
     __________________ ___________________________
     Date                                 Supervisor
     
     
     __________________ ___________________________
     Date                                 Employee
     
     TELECOMMUTING SCHEDULE
     
     
     
     1. Telecommuting Schedule:
        
        The telecommuting schedule is as follows:
        
        ______Regular schedule
        
        In office: ________________ ___________________
                       days                         hours
        
                    ________________ ___________________
                    days                             hours
        
        At home: ________________ ___________________
                        days                         hours
        
                    ________________ ___________________
                        days                          hours
        
        
        
     2. Communications
        
        While telecommuting the employee shall communicate with the office every _________ by phone. Messages are to be returned within __________.
        
        
        Telecommuter shall maintain a functional phone and _____________ in order to receive messages and bulletins. (FAX, voice mail, answering machine, etc.).
        
        Reports and _________________ shall be delivered by _____________ every ____________.
        List meetings/events that must be attended by Telecommuter.
        
        ________________________________ __________________________________
        ________________________________ __________________________________
        
        
        
     3. ACCESS REQUIREMENTS
        

     County Information Systems to which telecommuter will have access from remote work location (if any):
     
     SYSTEM APPLICATION DATABASES
     
     ____________________ _____________________ ___________________________
     ____________________ _____________________ ___________________________
     ____________________ _____________________ ___________________________
     

     TELECOMMUTING WORK AGREEMENT
     
     
     
     
     List the tasks to be done:
     
     
     
     
     
     
     
     Give the period in which the tasks are to be completed:
     
     
     
     
     
     
     
     Results: (how to tell when it is done):
     
     
     
     
     
     
     
     
     ________________ ___________________________
     Date                             Supervisor
     
     ________________ ___________________________
     Date                             Employee
     
     
     TELECOMMUTING
     POLICIES AND PROCEDURES
     
     
     TELECOMMUTING POLICY
     
     All agreements reached around the policies and procedures for the telecommuting program are for the pilot period only.
     
     The County of Santa Cruz is adopting the following policy to govern telecommuting activity within the County.
     
     

     1. Program Eligibility: The Telecommuting Program allows the telecommuting employee to work at a site other than a County office. This is a privilege and not a right. An employee is eligible to participate in telecommuting by a) completing an application requesting consideration for telecommuting and b) receiving management authorization to telecommute, c) participating in a supervisor-telecommuter training session, d) developing a written telecommuting contract with the supervisor that describes how telecommuting will be handled in accordance with County policy and e) adhering to the agreement. Telecommuting may be terminated at the request of either the employee or management. If a worker's application is denied by his/her manager, or if a worker is removed from the telecommuting program by his/her manager, s/he shall have the right to request a mediator to meet with him/herself and the manager to attempt to develop a feasible telecommuting plan. The mediator shall be a member of the trip committee.
        
        
     2. Working Hours: Work hours, compensation and vacation schedules will conform to the personal regulations, MOU provisions, Fair Labor Standards Act (FLSA) provisions, and to terms otherwise agreed upon by the employee and the supervisor. The telecommuter will spend at least one regular work day per week in the office. No worker shall work more hours than his/her normal work week as a result of telecommuting unless s/he has received prior overtime authorization, and is compensated for that overtime.
        
        
     3. Telecommuting Communication: Telecommuters will have a method of receiving and responding to communications (i.e. messages, mail, public bulletins, training opportunities, etc.) from their County supervisors or managers. This method should be incorporated in the agreement between the supervisor and the employee.
        
        
     4. Measurement of Work Activity: Each employee who participates in the telecommuting program will agree with his/her supervisor/manager on the objective(s) or work assignment(s) to be accomplished during the telecommuting period. The agreement will also include the method(s) of productivity measurement established between the employee and the supervisor/manager. The telecommuting program is not intended to extract more work from employees nor to encourage employees to work uncompensated hours.
        
        
     5. On Site Visits to the Work Area:  Given a minimum of 24 hours advance notice, the employee's supervisor or manager may make on-site visits to the telecommuter's worksite, including residence. The purpose of the visit would be to determine that the worksite is safe and free from hazards and, where appropriate, to maintain, repair, inspect or retrieve County-owned equipment, software, data and supplies.
        
        
     6. Overall Obligation: Employees authorized to telecommute remain obligated to comply with County rules, policies, practices, and instructions. Employees are responsible for clarifying any questions regarding the applicability of rules, policies, practices and instructions through discussions with their supervisor.
        

     TELECOMMUTING PROCEDURES
     
     
     

     1. Implementation: Before the telecommuting program can begin both the participant and the supervisor/manager must participate in training. The training is designed to survey and identify: 
        
        
        • job responsibilities and physical arrangements necessary to support telecommuting;
          
          
        • supervision and how performance will be measured;
          
          
        • training in new procedures or proper use of new tools that may be required to complete the objective of telecommuting.
          

     2. Participation in Telecommuting Studies: Employees and their supervisors/managers will participate in all studies, inquiries, reports and analyses relating to telecommuting for the County. The employee's individual responses will remain anonymous, unless authorized for release. Otherwise, aggregate employee responses may be compiled and made available to the public, without identification of the study- participants. Non-telecommuters will be surveyed to identify and adverse impact resulting from telecommuters. All studies shall be made available to the TRIP committee.
        
        
     3. Employee Benefits: All existing benefits will remain the same as for employees at County sites. An employee is covered by Worker's Compensation whether working at home or for work-related travel.
        
        Requests to use sick leave, vacation or other leave must be approved by the telecommuter's supervisor/manager in the same manner as the employee who does not telecommute. If a telecommuter becomes ill while working at an alternate work location, s/he must report the hours actually worked and use sick leave for those hours not worked in the same manner as non-telecommuting employees.
        
        
     4. Clerical Support: The need for clerical support will be identified and the agreement between the supervisor and the employee will include how clerical support will be handled.
        
        
     5. Training: All requests for training, other than telecommuting training, and all other activities will still be handled in accordance with County policy.
        
        
     6. Program Equipment and Supplies: The equipment and supplies necessary to telecommute will be provided by the Department. County assigned equipment and supplies shall not be loaned by the telecommuter to anyone except when so directed by his/her supervisor. The telecommuter and supervisor are responsible for including a plan to safeguard confidentiality of work as part of the overall agreement.
        
        Equipment: Participants that are assigned County-owned hardware and software will provide written acceptance before being given custody of the items.
        
        The responsible supervisor/manager and employee, along with the help of a representative from Information Systems, if necessary, will define what tools are needed beyond what is available. Once this is determined, a request should be submitted to the appropriate Department Head for approval to obtain identified items.
        
        Supplies: Materials needed to support the telecommuting effort will be provided by the Department. All requests must be approved by the responsible supervisor/manager and submitted to the Department Head for approval.
        
        
     7. Software and Required Hardware Modifications: The cost of software and hardware modifications will be paid by the Department. The supervisor/ manager, after consulting with Information Systems, will obtain the necessary equipment.
        
        Ownership of the software and all files and databases shall remain the property of the Department. All software copyright laws will be strictly adhered to; in no instances will unauthorized copies be made of County-owned software.
        
        
     8. Repairs to Equipment: The cost of repairs for employee owned equipment will, in most cases, be paid for by the employee. When County equipment is provided to the telecommuter, it is his/her responsibility to ensure that the equipment is used properly. Prior approval for repair costs for equipment owned by the County will be paid for by the Department.

        
        

        • Upon determining that there is a problem with the County-owned hardware, the employee should notify his/her supervisor as soon as practical and apprise them of the problem. Information systems will provide recommendations to the employee and the Department on what solutions are available. It will be the Department's responsibility to repair or replace any items identified.
          
          
        • If there is a delay in the repair or replacement of the equipment or any other circumstance under which it would be impossible for the telecommuter to work off-site, then s/he will be reassigned to a County facility until the repair has been made or circumstance has been corrected.
          

     9. Designated Work Space: The telecommuter shall designate a work space, at the off-site work area, for installation of any equipment to be used while telecommuting. This work space should be maintained in a safe condition, free from hazards to people and equipment, and should comply with County VDT standards. During the prototype, every attempt will be made to assure that the County's VDT policy is implemented in the home. The County will provide guidelines for VDT and ergonomic standards.
        
        
     10. Costs Directly Attributed to Telecommuting: Costs incurred as the direct result of telecommuting, such as billings for local and long distance County calls, the costs of a direct line for a computer modem, will be reimbursed to the employee by the Department, through the Blue Claim process, upon required verification. The employee must maintain an adequate written log of telephone calls made on behalf of the County. The Department and employee shall work together to minimize the direct costs attributed to telecommuting. This method will aid in the verification of the calls being paid for by the Department. No form of reimbursement will be made without this or similar proof.