Benefits

Teamsters 2021 ECRL Leave

ECRL - Expanded COVID Related Leave

  • Each full-time employee shall be allotted 256 hours of ECRL (Expanded COVID Related Leave) for use
    between January 1, 2021 and December 31, 2021. The total number of ECRL hours shall be prorated for employees whose appointment is less than full-time and done in a manner consistent with SB 95. Rehired annuitants are not eligible for ECRL due to limitations under the Government Code. Unused ECRL hours expire on December 31, 2021. ECRL has no value if an employee separates from employment. It is the intent of the parties that ECRL meets all, and in some instances exceeds, the requirements of SB 95: Supplemental Paid Said Leave.
  • ECRL can be used for reasons permitted under SB 95, which include the following:
    a) The employee is subject to a quarantine or isolation period related to COVID-19 as defined by an
    order or guidelines of the State Department of Public Health, the federal Centers for Disease
    Control and Prevention, or a local health officer who has jurisdiction over the worksite.
    b) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
    c) The employee is attending an appointment to receive a vaccine for protection against
    contracting COVID-19.
    d) The employee is experiencing symptoms related to a COVID-19 vaccine that prevent the
    employee from being able to work or telework.
    e) The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
    f) The employee is caring for a family member, as defined in subdivision (c) of Labor Code Section
    245.5, who is subject to an order or guidelines described in (a) above, or who has been advised
    by a healthcare provider to self-quarantine.
    g) The employee is caring for a child, as defined in subdivision (c) of Labor Code Section 245.5,
    whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19
    on the premises.
  • Employees should provide as much advance notice as possible of the need to use ECRL to theappropriate administrator. Self-certification will be required and in most cases is all that willbe needed. However, in circumstances where the CSU has information indicating that theemployee is not requesting ECRL for a valid purpose, the campus may require documentationor medical certification before paying ECRL. The CSU will not deny ECRL solely for lack of a medical certification. 
  • ECRL can only be used in full day increments for FLSA exempt employees. ECRL can be used hourfor-hour for FLSA non-exempt employees.
  • ECRL can be used on consecutive days or intermittently, based on need.
  • ECRL will be paid at the employee’s regular rate of pay and will not be subject to the daily pay limit contained in SB 95.
  • ECRL shall be considered “employer-provided employee sick leave” for the purposes of Cal OSHA

General Industry Safety Orders, Section 3205.

  • On or after May 14, 2021, CSU agrees to meet with Teamsters to discuss the possibility of additional
    leave programs after June 30, 2021. Pursuant to Section 10b of this MOU, ECRL will not be required
    where an employee has been notified of an on-campus exposure through written correspondence
    based on Cal OSHA General Industry Safety Orders, Section 3205 (c)(3)(B)(3)(a).
  • a) If the University provides ECRL to any other CSU staff bargaining unit(s) in excess of 128 hours, absent a settlement agreement, the amount of ECRL in Section 1 of this MOU will be increased by the number of hours over 128 provided to the other bargaining unit.
    b) If the University provides ECRL to any other CSU staff bargaining unit(s) in excess of 256 hours, under a settlement agreement, the amount of ECRL in Section 1 of this MOU will be increased by the number of hours over 256 provided to another bargaining unit.
  • The parties understand that the CSU has returned to strictly following the CBA language with regards to emergency pay (Provision 24.53).
  • In exchange for the above, Teamsters agrees to withdraw with prejudice all Emergency Pay related grievances.

Cal OSHA Workplace Exclusion Requirements

  • CSU shall follow Cal OSHA General Industry Safety Orders, Section 3205, which includes
    requirements for placing employees off-work as a result of potential COVID-19 exposure. The
    parties agree that this shall mean:
    a) Employees who are ordered by the employer to stay off-campus based on Cal OSHA General
    Industry Safety Orders, Section 3205 (c) (10) shall, at the discretion of the employer, be
    provided either telework or placed on sick leave. Telework shall be offered if operationally
    feasible and available. If sick leave is not available, the employee shall be placed on leave
    and will receive exclusion pay.
    b) In addition to the requirements in Section 3205, if the employee who has been ordered offcampus is formally notified by the CSU of an on-campus exposure through written
    correspondence based on Cal OSHA General Industry Safety Orders, Section 3205
    (c)(3)(B)(3)(a) then the employee will either receive telework or be placed on leave and will
    receive exclusion pay at the discretion of the employer. Employees will not be required to
    use sick leave in this situation.
    c) The parties acknowledge that Cal OSHA General Industry Safety Orders, Section 3205 (c) (10)
    does not apply where the employer demonstrates that the COVID-19 exposure is not work
    related.
    d) The term “exclusion pay” in this agreement means: continuing and maintaining an
    employee’s earnings, seniority, and all other employee rights and benefits, including the
    employee's right to their former job status, as if the employee had not been removed
    from their job. Exclusion pay is not disciplinary.
    e) If an employee who has been placed on leave pursuant to (a) is later determined to
    actually be an on-campus exposure pursuant to (b) then the employee shall have ECRL
    and/or sick leave restored, and exclusion pay applied instead.
    f) These leave provisions shall be applied retroactive to January 1, 2021.
  • The period of the stay off campus order shall be determined by the Employer and shall not be for less time than indicated in Cal OSHA General Industry Safety Orders, Section 3205.
  • The CSU will follow the requirement in Cal OSHA General Industry Safety Orders, Section 3205, regarding the return to work.

Testing of Employees

  • Employer-ordered COVID-19 testing will be provided by, or facilitated by, the Employer without cost to the employee.
  • Employer-ordered COVID-19 testing should be provided during normal working hours, as it shall be considered time worked.
  • CSU shall comply with Cal OSHA General Industry Safety Orders, Section 3205 requirements for testing during workplace outbreaks.
  • Employees who used accrued sick or vacation leave for employer-ordered testing prior to this MOU shall have that sick, vacation, or CTO leave restored.
  • The employer may authorize an employee to participate in voluntary employee testing during the employee’s normal working hours. The employer shall determine the schedule for any voluntary employee testing provided by the employer.

General Provisions

  • Teamsters agrees that the CSU has met its obligation to meet and confer over the above subjects and all campus-based meet and confers regarding repopulation.
  • Disputes regarding violation, misinterpretation or misapplication of this agreement shall be subject to the grievance procedure in the CBA.

Useful Links & Resources

ECRL Unit 6 FAQs

• The employee’s own COVID-19 illness.
• The employee is experiencing COVID-19 related symptoms and is seeking diagnosis for their own illness.
• Care for an employee’s immediate family member who resides in the employee’s household who has COVID-19 symptoms or illness.
• The employee is responsible for care of a minor child, who resides in the employee’s household, and whose school or daycare is closed due to COVID-19, resulting in the employee being unable to work.
• The employee is excluded from the worksite because of a requirement under Cal/OSHA General Industry Safety Orders, Section 3205.

Eligible employees may utilize up to 256 hours or 32 days under ECRL.

An employee may receive ECRL pay for themselves as well as their eligible dependents who develop symptoms or have a negative reaction to the vaccination that has been approved by a healthcare provider stating that the employee or eligible dependent is temporarily ill or incapacitated and unable to work.

Employees may not use the ECRL for time traveling to or awaiting to receive the vaccination.

According to the ECRL MOU and Article 18.10 of the CBA an employee may use ECRL for dependents identified as “immediate family” who also reside in the same residence as the employee. They are the employee’s:
• Spouse or domestic partner;
• Spouse or domestic partner’s parents: parent, step-parent, grandparent, great-grandparent, sibling, child or grandchild (including foster, adopted and step), aunt, uncle;
• Son-in-law, daughter-in-law
• A person living in the immediate household of the employee, except domestic employees, roomers, boarders, and/or roommates.

As long as the employee provides viable proof for requesting ECRL leave such as doctor’s notes provided by a healthcare provider stating that the employee oreligible dependent is unable to work, or provide self-care, a positive testing of COVID-19, proof of school or daycare closure. Arguably it would be unreasonable for a campus to deny a request for ECRL where there is proof the employee needs the leave and the campus operational needs does not outweigh the employee’s need to take leave.

Employee’s on ECRL will be paid at their regular rate of pay as defined by FLSA. This includes pay the employee is receiving which include base pay, shift differential, stipends, allowances, etc

• For the employee’s own COVID-19 illness – medical certification or positive COVID-19 test results;
• If the employee is experiencing COVID-19 related symptoms and is seeking a diagnosis for their own illness – medical certification or attestations/selfcertification;
• To care for and employee’s immediate family member who resides in the employee’s household who has COVID-19 symptoms or illness – medical certification
• Employee is responsible for care of a minor child who resides in the employee’s household, and whose school or daycare is closed due to COVID-19, resulting in the employee being unable to work communication from school, copy of school website showing that the school is closed or partially closed, or attestation/self-certification.

• Employees may be eligible for CSU Family Medical Leave if they meet the definition of a serious medical condition for themselves or immediate family members.
• Employees may be eligible to apply for Non-Industrial Insurance and other CSU disability leave programs including workers’ compensation/Industrial Disability leave if they meet the eligibility requirements and approvals specific to each leave program.
• If the employee meets the eligibility requirements as described in the CBA, they may also be eligible for the CSU Catastrophic Leave Program for illness or injury.

When an employee is unable to work due to a COVID-19-related school or daycare closure and the employee is required to be at home with a child(ren) or dependent(s), and it is not operationally feasible for the employee to work remotely or in conjunction with the childcare commitment.  You may need a ADA accommodation, if remote work is already available to you.  If your position requires that you must be on campus ECRL is applicable.