4251 – Employee Compensation

3551 – Food Service Operations

3514 – Environmental Safety

3514.1 – Hazardous Substances

3320 – Claims and Actions Against the District

With supporting documentation, bargaining unit members will be provided with up to 2 hours per semester per child of released time without loss of pay to attend parent conferences for their children, or students for whom they act as legal guardians or have significant parenting responsibilities. Said released time shall include travel time.

27.1.1 Release Time for IEP meetings

With supporting documentation that the conference cannot be scheduled outside their work hours, bargaining unit members who have children enrolled in non-SFUSD schools will have sufficient release time without loss of pay to attend IEP conferences called by their child’s school.

Bargaining unit members who have children enrolled in SFUSD schools will have the right to flexibly schedule IEP conferences outside of their work hours.

17.1 Transfers

17.1.1 Whenever, in the judgment of the Director of Custodial Services, it is for the best interest of the service, a classified employee holding permanent appointment in a regular Civil Service position in one school may, upon their written request, be transferred to a position of the same Civil Service classification in another school.

17.1.2 In making a transfer under this procedure, all other things being equal, preference shall be given to the employee who has the longest service as a permanent employee of the School District.

17.1.3 The District agrees to post and accept bids once a year on all vacant positions to be filled. A waiting period of two (2) weeks after such posting will be observed, during which time applicants may apply in writing to the Director of Custodial Services for vacancies.

17.1.4 Executive Director of Facilities Services or their designee shall be given an opportunity to interview candidates for vacancies. The transfer shall be made effective at the proper time unless disapproved for cause by both the principal and the Director of Custodial Services Executive Director of Facilities Services or their designee.

17.1.5 Such a transferee shall not be entitled to more than one transfer in any school year except under special permission of the Director of Custodial Services.

17.1.6 Any transfer necessitated for the good of the service shall be made based upon program needs, affirmative action and seniority. All things being equal, seniority will be the governing factor.

17.2 Temporary Changes

Temporary changes in shift assignment will be made based upon program needs and seniority. All things being equal, changes shall be made in inverse order of seniority.

17.3 Reporting Time

The Union and the District agree that the reporting time for Custodians working in schools with three (3) or more custodians on both the day and swing shift shall, unless mutually agreeable to the Department and the employee, be the same during the Winter and Spring vacations as it is regularly.

17.4 In-Year Vacations for Custodians

17.4.1 The District shall provide up to 35 in-year vacations per year, exclusive of the blackout periods at the beginning and end of the student instructional calendar. “In-year,” as used herein shall mean the period between on or about October 1st and on or about May 15th of any school year.

17.4.2 Custodians may submit a written request for an in-year vacation.

17.4.3 Provided that District efficiency is not adversely impacted, in-year vacation requests (as described herein) may be approved.

17.4.4 Approvals will be based on District seniority, as excepted as provided for below; ties in seniority will be broken by lot.

17.4.5 After an eligible custodian has received an in-year vacation, they shall drop to the bottom of the seniority list when future requests are being considered.

17.4.5.1 If more in-year vacations are requested than can be granted, as contemplated herein, preference will be given to “most senior” custodians who have not previously been granted in-year vacation.

17.4.5.2 “Most Senior” as used herein, shall be calculated as follows:

17.4.5.2.1 All District custodians, other than as-needed, shall be ranked on the basis of District hire date.

17.4.5.2.2 Those custodians in the upper half of said ranking shall be considered “most senior.”

17.4.6 Notwithstanding any other provision contained herein, not more than one (1) eligible custodian at any job site may be on an in-year vacation at any given time.

17.4.7 Nothing contained herein shall be construed to eliminate custodial vacations during recesses.

17.4.8 Custodial vacations will generally not be approved during the following blackout periods:

a. Two weeks before the last day of school

b. The date the site administrators report for duty through two weeks after the first instructional day.

17.5 Annual Bidding Process for the Upcoming School Year

17.5.1 Every year, all known open positions for the upcoming school year shall be filled using a bidding

process that includes three major steps:

a. Building the List of Openings by Site,

b. Submitting Choices, and

c. Filling Open Positions.

At each step in the process, Custodial management shall provide packets of written information to all

Custodial employees, which shall be made available in English, Chinese, Spanish, and Tagalog.

Employees will be notified of their assignment for the upcoming school year before the end of the current

school year.

17.5.1.1 Building the List of Openings

17.5.1.2 Every spring Custodial management shall post a list of open biddable positions available.

17.5.1.3 The Bidding Packet shall include language to help employees understand some of the implications of participating.in the bidding process.

For example

a. Employees who receive their new assignment via the bidding process shall be giving up

their current year assignment.

b. Employees shall receive their choice in seniority order.

17.5.1.4 Seniority List Sorted by Total Seniority

Custodial management shall send the Seniority List of all Custodial employees upon request.

17.5.1.5 List of Open (biddable) Positions

A position shall be considered open for bidding for the coming school year if:

a it is a new position;

b. the regularly scheduled employee has indicated that they are not planning to work in Custodial in the coming school year; or

c. there is no regularly scheduled employee in the position (including positions which were vacated during the school year and currently filled by temporarily assigned employees).

17.5.2 Submitting Choices

Custodial management shall provide all employees participating in the bidding process for the coming school year with a Bidding Form asking them to list their top choices and to return the Form within a two-week time frame.

17.5.2.1 The Bidding Form shall include the name of the school and the hours for all positions.

17.5.2.2 Each employee shall have the option of listing up to five choices in order of priority on the Bidding Form, and may include their current position as one of their choices.

17.5.3 Filling Open Positions

17.5.3.1 Positions shall be filled based on Seniority, and Custodial management shall make every effort to assign all employees to their highest ranked choice.

17.5.32. Custodial management shall create a list of employees who have submitted a Bidding Form and sorted it in order from highest to lowest seniority. If employees have the same seniority date, the last three digits of their social security number will be used as a tie-breaker with the three-digit number ranked the highest.

17.5.3.3 The employee ranked highest on the list noted above shall be assigned to their highest ranked choice with an opening. Then the next person on the list shall be assigned to their highest ranked choice with an opening, and th.is process shall be repeated until every employee’s Bidding Form has been reviewed.

17.5.3.4 Employees who are not assigned to one of their choices via the foregoing process shall remain in their current assignment.

17.5.3.5 Before the end of the current school year, Custodial management shall notify all impacted employees of their new assignment.

17.2.3.6 Custodial management shall provide copies of the following to the Union:

a. packets of written information sent to Custodial employees;

b. a ranked list of employees who submitted a Bidding Form that is used to fill openings via the bidding process;

c. a list of employees who did not get assigned to one of their choices via the bidding process;

d. list of all assignment offers from the bidding process; and

e. a list of each worker’s bids.

17.6 Custodial Recycling and Other Duties

17. 6.1 Custodians in the normal course of their duties will handle and remove from the classroom material already set aside for recycling; however, recycling and composting programs at District sites shall not be the work/responsibility of the custodian(s). Custodians will not be expected to sort compostable or recyclable items that have been placed in the trash.

17.7 Transporting of Furniture

Where it can be performed safely, a custodian may move furniture between rooms on a floor of the school, so long as they are provided with the appropriate equipment. When furniture needs to be moved between floors, between buildings, or if the custodians do not have the training or equipment to perform the work safely, a work order shall be placed by the supervisor to have warehouse workers perform the work.

17.8 Asbestos Safety

The District shall comply with the annual training requirements provided for in Asbestos Hazard Emergency Response Act of 1987 and Cal-OSHA Hazardous Communications.

17.9 Custodial Work – Supervision & Duties

When a custodian at any school site receives multiple or conflicting requests for services at the same time, the custodian may request direction on how to proceed from the site administrator or designee. If a site administrator or designee is not available, the custodian will request direction from the custodial supervisor.

17.9.1 Custodians will not be required to load or unload the personal items of any District employee. Custodians shall not be required to clean skylights or exterior windows. No custodian shall be required to work on any ladder over 12 feet.

17.9.2 Custodial Substitute Duties

If the department is unable to cover an absent custodian’s entire shift, the custodial supervisor will provide a written abbreviated, prioritized run appropriate to the number of hours that will be performed. The department will maintain a file of these abbreviated runs for reference and efficient service and make them available for inspection by the Union.

17.10 Work Pursuant to a Permit

When a custodian works a shift pursuant to a facilities use permit, during the regular Monday through Friday workweek, the primary job of that custodian will be to serve the needs of the permitted activity. Additional assignments may be given to the custodian so long as they do not interfere with providing service to the permit holder.

When the SFUSD Real Estate office approves a permit assigned to a school site for either a school or an outside event/function, the assigned site custodian shall not be unreasonably burdened with extra work created by the event described in the permit.

In the event that custodial management determines that additional custodial work will be necessary due to the permit, overtime may be offered based on seniority.

Said additional work shall be first offered as overtime for sector custodians. This overtime shall be assigned via the sector seniority outlined in this agreement. Overtime opportunities will be offered to the sector custodians based on the sector overtime wheel. The corresponding sector Supervisor or Assistant Supervisor shall cover this work if all sector custodians decline the work.

If additional support is not available, the custodian shall adjust their daily duties to complete critical health and safety tasks and attend to the highest needs of the site as determined by custodial management.

17.10.1 When a custodian works a shift pursuant to a facilities use permit, the primary job of that custodian shall be to serve the needs of the permitted activity. Additional assignments may be given to the custodian so long as those activities do not interfere with providing service to the permit holder.

17.11 Custodial Supervisors’ Workspaces

17.11.1 The District shall provide, through custodial services, one reporting site for both the custodial supervisor and assistant supervisor in each sector. This site can be located at either Toland or at a District site within their sector.

17.11.2 The District shall provide a current model desktop or laptop with wifi capabilities as well as a printer to be used during the working day at all custodial supervisor & assistant supervisor work locations.

17.12 Overtime Procedures

Once overtime is assigned by the manager/ management to the supervisor(s), the supervisor(s) shall assign overtime to employee(s) in their respective sector(s) (based on rotating seniority). The employee(s) shall work the overtime and then fill out the prescribed form (which may be either digital or hardcopy). The employee shall then submit (in digital or hardcopy) the overtime form within the same pay period worked to their supervisor. In the event a supervisor does not collect forms in a timely manner, the employee has the right to deliver the form personally to the custodial services office. The supervisor(s) shall then approve the overtime and submit (in digital or hardcopy) the form(s) to the manager for approval and processing. The overtime shall be paid within the same pay period but no later than two (2) pay periods from when the overtime was completed.

17.13 Handbook

The policies stated in the custodial handbook shall not contradict an expressed term of this Agreement. The District will forward a copy of the handbook to the Union in advance for its reaction and input. Should the District not update the custodial handbook in a timely manner, the terms of this contract shall supersede the version of the handbook currently in use.

13.1 All leaves of absence are governed by the following general provisions:

13.1.1 Leave requests must be approved by the department head or direct supervisor.

13.1.2 A request for leave of more than five (5) working days must be made on the prescribed form.

13.1.3 A temporary appointee is limited to a personal leave not to exceed one (1) month.

13.1.4 In the case of parental leave, a permanent employee may extend the leave up to an additional six (6) months, beyond leaves provided by law.

13.1.5 Witness and jury duty leave provisions shall be governed by Civil Service Commission rules.

13.2 Sick Leave With Pay

13.2.1 Unit members earn sick leave at a rate of 0.05 hours of leave per hour worked. Unused sick leave may be accumulated from year to year up to a maximum accumulation of one thousand forty (1040) hours.

13.2.2 No sick leave with pay is allowed during the first ninety (90) days of employment unless sick leave credits have been earned previously.

13.2.3 Unit members must notify their supervisor, as soon as possible, when they are unable to report for duty because of illness, and of their appropriate date of return to work. Sick leave protects loss of income while incapacitated.

Sick leave may be used for following reasons:

a. Inability to work because of illness or injury, not job-incurred.

b. Medical and dental appointments.

c. Absence due to quarantine declared by the Department of Public Health or other authority.

d. Death of an immediate family member or other relatives as defined in section 13.5.

e. Absence due to pregnancy or convalescence period following childbirth.

f. Illness or medical appointment of child or dependent adult. Absence because of the illness, injury, or medical or dental appointment of a biological or adopted child or child for whom the employee has parenting or child rearing responsibilities or because of the illness, injury, medical or dental appointment of a dependent adult.

13.2.4 An employee who is absent for more than five (5) consecutive working days, must submit a statement signed by a doctor, chiropractor, dentist, podiatrist, licensed clinical psychologist or Christian Science practitioner with information sufficient to certify the illness.

13.2.5 In cases of a pattern of alleged leave abuse, a departmental head may require an employee to furnish certification by one of the professionals specified in 13.2.4 for any amount of absence due to illness or require consultation with a District-approved doctor at District expense.

13.3 Illness During Vacation

13.3.1 Employees who are hospitalized, become ill or suffer an accident during a paid vacation which necessitated their being absent from normal duties, as certified by an attending physician’s written report, upon return to duty, may request that such time be charged against accrued sick leave instead of vacation.

13.3.2 Such requests, along with appropriate documentation, shall be submitted in writing to the appropriate supervisor, and shall not be denied without cause.

13.4 Catastrophic Sick Leave Transfer Program

13.4.1 Purpose – The Catastrophic Sick Leave Transfer Program is a resource to provide relief to those classified employees represented by SEIU 1021 who have suffered catastrophic illness or injury. Catastrophic illness or injury means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family and requires the employee to take time off from work for an extended period of time to take care of that family member.

In order to qualify for the catastro-phic sick leave transfer program:

13.4.1.1 All entitled sick leave and extended sick leave and/or any other paid time need to be exhausted prior to application for donated sick leave from the program.

13.4.1.2 The illness or injury must be certified by the attending physician who verifies that the illness or injury shall last for at least 30 days and totally incapacitates the employee (or their family member) from all work.

13.4.2 Eligibility for Participation – All classified members of the bargaining unit represented by SEIU 1021 shall be eligible to participate in the Catastrophic Sick Leave Transfer Program. Recipients are prohibited from working while on Catastrophic Leave.

13.4.2.1 Process

13.4.2.1.1 Recipient:

13.4.2.1.1.1 The recipient must have exhausted all paid leave to receive hours from the bank.

13.4.2.1.1.2 The recipient must apply for participation in the Catastrophic Sick Leave Transfer Program to the Union. Such application shall include medical reports certifying that the illness/injury is catastrophic as defined above.

13.4.2.1.1.3 SEIU shall be responsible for collecting donated time. Employees shall authorize donations in writing, signed, and dated. SEIU shall compile the list of donated time in order of donations received and a breakdown of how many sick leave and accrued and earned vacations hours members donated, SEIU shall then submit the list to the District along with supporting written authorizations.

13.4.2.1.1.4 A classified recipient may receive no more than the average or hourly scheduled number of hours worked daily times 100 from this bank per injury or illness.

13.4.2.1.2 The Union:

13.4.2.1.2.1  SEIU shall inform their membership on a case-by-case basis when the need for donated time arises.

13.4.2.1.2.2 Once the first-round list is received by the District, no more donations will be added. In the event more donations are needed, the process shall repeat itself.

13.4.2.1.3 The District:

13.4.2.1.3.1 The District will convert the donated hours to dollar amounts, based on the pay rate(s) of the donor worker(s). Thereafter, the District will deduct the designated sick leave and accrued and earned vacation time from donors, according to the list, and credit it to the worker on leave, according to the pay rate of the worker on leave.

13.4.2.1.3.2 Donated hours utilized in the order received, two (2) hours at a time per donor on a rotating basis as needed. Donated accrued and earned vacation time from all donors shall be utilized first before any donated sick leave is used.

13.4.2.1.3.3 At the completion of the Catastrophic Leave, the District shall return to SEIU the original authorization forms that now indicate hours were used and unused per each donor. The Union will be responsible for sharing this balance with donor members.

13.5 Bereavement Leave

13.5.1 The purpose of Bereavement Leave utilization shall be for absence due to the death of a member of the bargaining unit member’s family.

Family shall mean: spouse or domestic partner, parents, parents of the domestic partner or parents-in-law, grandparents, step-parents, children of the unit member, adopted children of the unit member, step-children of the unit member, siblings of the unit member, sons-in-law and daughters-in-law of the unit member, grandchildren of the unit member, a child for who the employee has parenting responsibilities, aunt, uncle, or any relative of the bargaining unit member who lived in the immediate household of the bargaining unit member.

13.5.2 Such leave shall not exceed five (5) working days and shall be completed within three months of the death. A Unit Member shall be granted up to three (3) additional days bereavement leave, if travel beyond a 500 mile radius is required, in the event of the death of a member of their immediate family.

13.5.3 For absence because of the death of any other person to whom the employee may be reasonably deemed to owe respect; leave shall be for not more than one (1) working day; however two (2) additional working days; shall be granted if extended travel is required as a result of the person’s death.

13.5.4 In alignment with California law, unit members are eligible for this leave if they have been employed for at least thirty (30) days prior to the commencement of the leave. The unit member, if requested within 30 days of the first day of the leave, shall provide documentation of the death of the family member.

13.6 Family Care and Medical Leave

The San Francisco Unified School District (the District) and SEIU, Local 1021 (the Union) acknowledge the obligation of the District to comply with the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), and the National Defense Authorization Act, as well as the rules and regulations implementing such laws. Information about applying for FMLA and CFRA leaves can be found on the SFUSD Intranet webpage.

13.6.1 For purposes of this section and consistent with current law, the term “parent” means biological, foster, in-law, or adoptive parent, a step-parent, or a legal guardian.

13.6.2 For the purposes of this section and consistent with current law, the term “child,” means a biological, adopted, and foster child, a step-child, a legal ward, or a child of an employee standing in loco parentis who is either under eighteen (18) years of age or an adult dependent child.

12.1 Holidays

Holidays observed by the San Francisco Unified School District (the District) by miscellaneous employees are those established by the Board of Education:

• Independence Day
• Labor Day
• Indigenous People’s Day (or substitution thereof)
• Veterans Day
• Thanksgiving Day
• Autumn (Thanksgiving) Recess
• Christmas Holiday
• New Year’s Day
• Dr. Martin Luther King Jr, Observance
• Presidents’ Day
• Memorial Day
• Juneteenth

12.1.1 Regular employees of the District who are normally not assigned to duty during the Winter Recess period shall be paid for the December 25 and/or January 1 holidays provided they were in paid status the day before or the day after said recess.

12.2 Paid Floating Holiday

12.2.1 Bargaining unit members shall have five (5) floating holidays (including Lunar New Year) per fiscal year. Bargaining unit members have the right to flexibly schedule four (4) floating holidays with their supervisor’s approval. While each request shal-l be considered on an individual basis, school-term unit members shall not normally be approved to take a floating holiday on student attendance days.

12.2.2 All floating holidays must be designated by the unit member prior to the end of the unit member’s work year and must be taken prior to June 30.

12.2.3 An employee may request the scheduling of the other four (4) floating holidays from their supervisor who is designated as responsible for vacation approval. While each request will be considered on an individual basis, school-term employees will not normally be approved to take a floating holiday on student attendance days. If a Supervisor does not approve an employee’s request to use a floating holidays on the date(s) requested, the Supervisor will make every reasonable effort to find an alternate mutually-agreeable date.

12.3 Vacation

12.3.1 The San Francisco Unified School District (the District) provides annual vacations for all classified employees who have completed one (1) year or more continuous service. Vacation is accrued and awarded each pay period in accordance with the following table, dependent upon whether one is a Year Round or a School Term Employee.

Number of Years of Service

Vacation Leave for Year Round Employees

1 to 5 Years .0385 x number of hours worked

After 5 to 15 Years .0577 x number of hours worked

After 15 Years and over .0770 x number of hours worked

Number of Years of Service

Vacation Leave for School Term Employees

1 to 5 Years .0485 x number of hours worked

After 5 to 15 Years .0728 x number of hours worked

After 15 Years .0970 x number of hours worked

12.3.1.1 The additional award of vacation after five (5) and fifteen (15) years will not be made and cannot be taken until the employee has reached his/her anniversary date in the fifth (5th) and fifteenth (15th) year of service. The maximum vacation awarded in any 12 month period and the maximum accumulations permitted are as follows:

The salary schedule hourly base rates in effect as of June 30, 2020 shall be adjusted during the term of

this agreement in the following manner:

a. 6% increase effective July 1, 2022

b. 10% increase effective July 1, 2023

c. In addition, the parties shall have a contract reopener for 2024-2025 to negotiate changes to this

Article, up to two other Articles that either party wishes to propose, and any outstanding issues

from the Side Letter on Labor-Management Committee work for 2023-2024.

5.0.1 Lump Sum Payment

On ratification by both parties, each member of the SEIU bargaining unit will receive a one-time lump

sum payment of fifteen hundred dollars ($1500), which will serve to make whole its members for payroll

errors, including penalties referenced in Article 5.8, Article 41 in its entirety, and the June 22, 2022 MOU

regarding payroll errors. SEIU agrees that this lump sum payment will recompense its members for any

payroll errors and its acceptance will nullify any MOU regarding such payroll errors.

5.0.2 Salary Schedule Adjustment

5.0.2.1 Effective July 1, 2017, Class 7450 will be adjusted to the salary schedule equivalent to one grade

above the schedule for class 1930, from $25.0125 (step 1) to $30.2611 (step 5).

5.0.2.2 Effective July 1, 2017, Class 2585 will be adjusted to the salary schedule equivalent to one grade

below the schedule for class 2586, from $22.5540 (step 1) to $27.2741 (step 5).

5.0.2.3 Prior to July 1, 2018, classifications that had no incumbents in previous contracts and were left

out of salary schedule adjustments will be corrected to include those adjustments.

5.0.2.4 Establish a committee made up of representation from SEIU and the District to examine the

following:

• Staffing allocations based on the number of meals served
• Comparable salaries for similar jobs from a mutually agreed upon list of similar employers.

5.0.2.5 Effective July 1, 2022, one (1) step will be added to the 2616 classification as follows:

• Step 6 will be added effective July 1, 2022
• Step 7 will be added effective July 1, 2023
• Step 8 will be added effective July 1, 2024

The rate of pay for steps six (6) through eight (8) will reflect a 3% increase above the preceding step. Current employees with more than five years of service will be placed at the step commensurate with their length of service effective the year when that step is available. For instance, an employee who has been on step 5 since the 2020-2021 school year will be placed on step 7 for the 2023-24 school year, then step 8 for the 2024-25 school year.

5.1 Longevity Premium

Eligible unit members shall receive a thirty (30) cents per hour premium for longevity pay. Eligibility for said longevity pay shall be those unit members with:

5.1.1 Ten (10) or more but less than fifteen (15) consecutive years of experience in the District, or any combination of ten or more but less than fifteen (15) years of service in the District and any other classification included in the Civil Service System of San Francisco.

5.1.2 Effective July 1, 2017, eligible unit members will receive a sixty (60) cents per hour premium for longevity pay. Eligibility for this rate of longevity pay shall be made to those unit members with:

5.1.2.1 Fifteen (15) or more consecutive years of service in the District, or any combination of fifteen (15) years of service in the District and any other classification included in the Civil Service System of San Francisco. This provision shall be implemented prospectively effective July 1, 2018.

5.1.3 Effective July 1, 2018 employees with an assignment of less than four (4) hours per day shall qualify for sections 5.1.1 and 5.1.2.

5.2 Retirement Contribution

5.2.1 Effective 7/1/2011, represented employees agree to pay their own employee retirement contribution in an amount equal to seven and one-half percent (7.5%) of covered gross salary in accordance with the City Charter. For employees who became members of SFERS prior to November 2, 1976 (Charter Section A8.509 Miscellaneous Plan), the unit member shall also pick up the remaining one-half percent (0.5%) of the total eight percent (8%) employee retirement contribution to SFERS.

5.2.2 In exchange for the unit member pick up of the 7.5% employee retirement contribution, the District agrees to a 6.12% adjustment to the salary schedule for those unit members who are also members of the retirement system. For unit members who became members of SFERS prior to November 2, 1976 and have an employee contribution of 8% the District agrees to an adjustment to the salary schedule of 6.62%, except that those members who have elected a reduced contribution shall only receive an adjustment in an amount equal to their percent contribution.

5.2.3 These member contributions shall be made on a pre-tax basis consistent with the Internal Revenue Code and implementing regulations.

5.2.4 Unit members who become eligible for membership in the retirement system during the term of this agreement shall be moved to the salary schedule that has been adjusted to reflect the unit member pick-up of 7.5% employee retirement contribution, retroactively to the date of entry into the retirement system.

5.2.5 To the extent authorized by State law, rule changes by the City’s Retirement Board regarding the crediting of accrued sick leave for retirement purposes shall be incorporated herein by reference.

5.2.6 Early Retirement

If eligible, the District shall participate in any applicable retirement program if the program is implemented in the City and County of San Francisco pursuant to Charter Section A8.401-7.3.

5.3 Health Benefits

Effective January 1, 2014, the District shall increase its dependent health care contribution to an amount equal to the Health Services Systems (HSS)-established 75% formula/calculation of the lowest health plan coverage available through HSS at the family rate level.

5.3.1 Health Insurance Coverage

Every January 1, all permanent and regularly scheduled provisional/temporary employees working twenty (20) or more but less than thirty (30) hours per week, or as-needed employees who have worked intermittently on average twenty (20) or more but less than thirty (30) hours per week within a twelve (12) month period, measured from July 1st through June 30, are eligible for medical benefits (health, vision, dental) through the Health Service System.

Additionally, every January 1, regularly scheduled provisional/temporary employees working at least thirty (30) hours a week within a twelve (12) month period, measured from July 1 through June 30, are eligible for employee, and if applicable dependent, medical benefits (health, vision, dental). Eligibility will be determined on a year-to-year basis for qualifying employees.

5.3.1.1 Each eligible employee will select a health plan from those currently offered to employees through Health Services Systems of San Francisco (HSS), unless the employee wishes to be exempt from coverage.

5.3.1.2 Permanent exempt unit members working less than four (4) hours per day/twenty (20) hours per week, shall be entitled to one of the following medical insurance options, as determined by the District.

• A District premium contribution equal to 75% of the employee-only Kaiser premium for those who enroll in an HSS medical insurance plan and who agree to pay the remaining 25% of the premium,

or

• Coverage under an option offered by the City as a result of an Ordinance it may enact requiring agencies receiving City funds to either provide employees with some type of medical insurance coverage or participate in one of the coverage options contained in said Ordinance.

5.3.1.3 The District shall provide 100% employee only Kaiser Premium coverage for permanent exempt workers in the Student Nutrition Program.

5.3.1.4 The District agrees to continue to pay the increased costs of the employer portion of the medical benefits, as defined by the Health Service System every year through a process known as the 10 county average.

5.3.1.5 District Fringe Benefits Contribution

The District shall contribute the Health Service System-negotiated share per pay period for single party coverage for those employees enrolled in the most expensive plan.

5.3.1.6 Retiree Health Benefits:

Bargaining Unit members shall be eligible for retiree health, dental and welfare benefits according to the terms of the pension plan.

5.4 Dental

Delta Dental Care Program #652 is available for school district employees who have a Civil Service classification and qualify for health insurance coverage.

The parties agree to move discussion of changes to dental benefits coverage to the Side Letter on Labor-Management Committee Work for the 2023-2024 School Year passes on 10.16.2023

The District shall provide dental coverage in the amount of $2,000 for those who select the Delta Dental preferred dentist option. Those who do not select the Delta Dental preferred dentist option shall continue to receive $1,500 in coverage.

5.4.1 Delta Orthodontia Coverage

The District shall provide orthodontia up to $750 lifetime for each bargaining unit member and each of their covered dependents as soon as administratively available.

5.4.2 Details of the benefits and contribution for rates of each plan are available from the Health Service System office or at SFUSD Benefits office.

5.4.3 Retiree Dental

Upon retirement the District will extend to retired employees the option to purchase dental coverage at the group COBRA rate for up to eighteen (18) months. This coverage will be a continuation of active employee coverage and is the same coverage provided to current employees.

5.5 Additional Insurance Coverage

5.5.1 Long Term Disability Coverage

The District shall provide all permanent employees with a fully paid Income Protection Plan, which shall be integrated with sick leave or other leave provisions, at the option of the employee.

5.5.2 Group Life and Accidental Death and Dismemberment

The District shall provide permanent unit members a fully paid Group Life and Accidental Dismemberment Policy providing a $25,000 level term insurance coverage until retirement or separation from employment, plus a $25,000 accidental death benefit.

5.5.2.1 Family Care on Death of Employee

In conjunction with the City and County’s Health Service Systems eligibility rules, the District will contact and provide next-of-kin with benefit continuation information.

5.5.2.1.1 Survivors of deceased employees hired prior to January 8, 2009 shall receive survivor benefits equal to lifetime retiree health benefits pending final approval from the Health Service System.

5.5.2.1.2 Survivors of deceased employees hired after January 9, 2009 are not eligible for survivor benefits per the Health Service System’s eligibility rules. However, they are eligible for COBRA benefits for up to eighteen (18) months after the loss of active employee coverage, and will be contacted by the District’s Benefits team with regards to this process.

5.5.3 Continuous Service and Recesses (Temporary Employees)

5.5.3.1 The winter, spring, and autumn (Thanksgiving) recesses will not represent a break in continuous services for temporary employees for purposes of qualifying for benefits under this article.

5.5.4 Workers’ Compensation

5.5.4.1 Workers’ Compensation benefits shall be integrated with sick leave or other leave provisions at the option of the employee. Said benefits shall not exceed 100% of the employee’s normal salary. There shall be no accelerated replacement of sick leave benefits that may have been used for this purpose.

5.5.4.2 Whenever possible the District will offer light or modified duty assignments.

5.5.4.3 Medical appointments related to a worker’s compensation claim scheduled during work time shall be at no loss of pay.

5.5.5 District Paid Fringe Benefits While on Unpaid Leave

The District will pay any and all employer contributions for employee health and dental benefits for those employees who are on a paid or protected leave.

In addition, the District will continue payment of all employer contributions for employee health and dental benefits for an employee on a holdover list during the time period that the employee verifies that they do not have alternative health care coverage. The verification process shall be established by the Department of Human Resources and the Union.

When protected and paid leaves expire, and 12 additional weeks have passed, the District will cease paying these employer contributions.

Protected Leaves are defined as approved sick leave, workers’ compensation leave, family care leave, or mandatory administrative leave.

Following expiration of the employee’s family care leave, the employee may request personal leave due to hardship (pursuant to the procedures of the Department of Human Resources).

5.5.6 State Disability

5.5.6.1 Employees on State Disability may choose to have their sick leave benefits integrated with their disability payment by informing the Leaves and Separations Unit in the Human Resources Department.

5.5.6.1.1 Said provision shall be promulgated each semester in OASIS and posted on employment information boards at each worksite.

5.6 Employee Assistance Program (EAP)

5.6.1 Drug and/or Alcohol Dependence – Through the Employee Assistance Program (EAP) employees may receive information, brief treatment, and referral for chemical dependency and other personal problems that may affect individuals’ work or private lives.

5.6.2 Employees with chemical dependency problems shall be permitted to use sick leave (with or without pay), vacation, and/or compensatory time to access the EAP and other treatment services. If the treating service requirements conflict with an employee’s ability to perform their duties as assigned, and therefore they must be off work for an extended period of time, the employee and treatment service must, upon the employee’s return to work, provide the District with verification that the employee successfully completed the program as directed.

5.7 Pay Premium and Additional Compensation

In addition to the provision of 5.0, the following pay premiums and additional compensation rates provisions shall be in effect during the term of this Agreement.

5.7.1 Bilingual Pay Premium

Each fiscal year, the Superintendent, or designee, shall designate District positions that are eligible for the bilingual pay premium. Positions which require translating or interpreting to or from a foreign language including sign language for the hearing impaired and Braille for the visually impaired shall be designated eligible for the bilingual pay premium. Employees meeting the premium criteria skills shall receive a $75 premium per pay period. Once an employee is identified as qualified for Bilingual Pay, the designation will carry forward to the next school year. If a job is posted as non-bilingual, and the administrator assigns an employee bilingual duties on an ongoing basis as part of the job, the employee shall be paid at a bilingual premium.

5.7.1.1 In order to qualify for designation to receive the bilingual premium, a position must be required to provide non-English services, including Braille and sign language, for at least twenty-five percent (25%) of a regular job assignment.

5.7.1.2 If any employee is hired into a position which is designated bilingual, or for which non-English language requirements are listed in the job posting, that employee will be presumed qualified for this premium unless a contradicting analysis has been completed.

5.7.1.3 Health Worker Premium

Any Health Worker who participates in the auditory certification program, as well as any other additional duties which are outside the scope of the Health Workers classifications shall receive out of class pay per Article 5.7.2.

5.7.2 Out-of-Class Pay

5.7.2.1 A unit member who is directed and approved by their Program Director to perform a portion of the duties and responsibilities of a higher class for five (5) days within a twenty (20) day period shall receive 5% above their regular pay rate, retroactive to the first day of the acting assignment.

5.7.2.2 Out of class pay and assignment of out of class duties shall normally be discontinued after a six-month period except for extraordinary circumstances related to health and safety of students or employees as approved by the Associate Superintendent of Human Resources or their Designee. All assignments in excess of six months shall require a determination by the Associate Superintendent of Human Resources or their Designee as to whether the position shall be reclassified.

5.7.2.3 Reclassification and selection to reclassified positions are subject to the civil service rules. If a position is not reclassified, the employee shall not be required to perform out-of-class duties.

5.7.2.4 The District shall not deliberately reassign duties during the twenty (20) day period merely to avoid the 5% additional payment.

5.7.2.5 The District will not rotate supervisory assignments for the purpose of avoiding out-of-class compensation.

5.7.2.6 If an employee working out of class performs overtime work, the out of class premium will be applied to those hours as well.

5.7.3 Night Duty

The night duty differential shall be eight percent (8%). To be eligible for the night duty premium, an employee must work at least one (1) hour of their shift hours between 5 p.m. to 7 a.m.; those employees voluntarily participating in an authorized flextime program shall be exempted from said night duty premium.

5.7.4 Supervisory Differential Adjustment

The appointing officer/designee is hereby authorized to adjust the compensation of a supervisory employee as set forth herein subject to the following conditions:

5.7.4.1 The supervisor, as part of the regular responsibilities as a supervisor, directs, is accountable for and is in charge of the work of their subordinate or subordinates.

5.7.4.2 The organization is a permanent one approved by the appointing officer/designee where applicable, and is a matter of record based upon review and investigation by the Civil Service Commission.

5.7.4.3 The classification of both the supervisor and the subordinate are appropriate to the organization and have a normal, logical relationship to each other in terms of their respective duties and levels of responsibility and accountability in the organization.

5.7.4.4 The compensation schedule of the supervisor is less than one full step (approximately 5%) over the compensation schedule, exclusive of extra pay, of the employee supervised. In determining the compensation schedule of a classification being paid a flat rate, the flat rate will be converted to a bi-weekly rate and the compensation schedule, the top step, of which is closest to the flat rate so converted shall be deemed to be the compensation schedule of the flat rate classification.

5.7.4.5 The adjustment of the compensation schedule of the supervisor shall be to the nearest compensation schedule representing, but not exceeding, one full step (approximately 5%) over the compensation schedule, exclusive of extra pay, of the employee supervised.

5.7.4.6 The decision of the Appointing Officer/Designee as to whether the compensation schedule of the supervisory employee shall be adjusted in accordance with this section shall be final.

5.7.4.7 Compensation adjustments are effectively retroactive to the beginning of the current fiscal year or the date in the current fiscal year upon which the employee became eligible for such adjustment under these provisions.

5.7.4.8 In no event will the Appointing Officer/Designee approve a supervisory salary adjustment in excess of 2 full steps (approximately 10%) over the supervisor’s current basic compensation. If in the following fiscal year a salary inequity continues to exist, the Appointing Officer/Designee may again review the circumstances and may grant an additional salary adjustment not to exceed 2 full steps (approximately 10%).

5.7.4.9 An employee shall be eligible for supervisory differential adjustments only if they actually supervise the technical content of subordinate work and possess education and/or experience appropriate to the technical assignment.

5.7.5 Standby Pay

5.7.5.1 Employees who, as part of the duties of their positions are required by the appointing officer to be on standby when normally off duty to be instantly available on call for immediate emergency service for the performance of their regular duties, shall be paid twenty-five percent (25%) of their regular straight time rate of pay for the period of the standby service, except that employees shall be paid ten percent (10%) of their regular straight time rate of pay for the period of such standby service when outfitted by their department with a cellular phone. When such employees are called to perform their regular duties in emergencies during the period of such standby service, they shall be paid while engaged in such emergency service the usual rate of pay for such service, including overtime if applicable.

Notwithstanding the provisions of this section, standby pay shall not be allowed in classes whose duties are primarily administrative in nature.

5.7.5.2 The provision of this Section authorizing standby pay does not apply to classifications designated by a “Z” symbol and which would qualify for designation as executive under the duties test provisions of the Federal Fair Labor Standards Act. Provided, however, that if such compensation is expressly requested and approved in accordance with the procedures in this section as set forth below, employees in the classification categories referenced in this subsection shall be eligible for standby compensation.

5.7.6 Callback/Holdover pay

Unit members called into work on a day off or called back into their work location(s) following the completion of their work day and departure from their place of employment shall be granted a minimum of four (4) hours compensation at the applicable rate or shall be compensated for all hours actually worked at the applicable rate, whichever is greater. The section shall not apply to employees who are called back to duty when on a standby status, pursuant to section 5.7.5 of the Collective Bargaining Agreement. The employee’s workday shall not be adjusted to avoid the payment of this minimum. Full time employees who are held over to work after having worked their regularly scheduled shift shall be compensated at overtime per section 5.7.9 of the Collective Bargaining Agreement.

5.7.7 Lead Person Pay

5.7.7.1 Employees designated by their supervisor as lead workers shall be entitled to a twenty dollar ($20.00) per day premium only in situations involving:

5.7.7.1.1 Regularly assigned to plan, design, sketch, layout detail, and estimate or order materials when said work is outside the regular job description and duties of the class.

5.7.7.1.2 When assigned to team maintenance and only when the supervisor recommends that said -assignment meets the description in section 5.7.7.1.1 above.

5.7.8 Log Cabin School Differential

A unit member assigned to work at Log Cabin School in La Honda shall be entitled to a seven and one-half percent (7.5%) salary differential.

5.7.9 Overtime

Overtime shall be defined as service authorized by the Superintendent or their designee in excess of eight hours in any day, or in excess of forty hours in any week. Overtime service shall be paid for in cash unless the employee and the supervising manager mutually agree to compensatory time in advance of the work performed. If paid in cash, it shall be at one and one half times the base hourly pay rate. Compensatory time shall be earned at one and one-half (1.5) times the period of overtime that is worked.

On a monthly basis the District shall provide to SEIU Local 1021 a complete list of names of unit members that were paid overtime for the month in question. Once documented by the employee, overtime shall be paid in a timely manner as soon as the employee’s manager confirms the hours worked and then forwards the documentation to payroll.

5.7.10 Mileage

5.7.10.1 A unit member whose job classification is assigned to multiple District sites or who is required and directed to use his/her private vehicle in the performance of District duties, and who submits the appropriate claim forms, shall be reimbursed at the prevailing IRS rate.

5.7.10.2 Reimbursement shall not apply in situations in which a unit member elects to work in multiple positions at multiple sites in a position number that is not assigned to multiple sites. This limitation shall not apply, however, to the unit member who is receiving reimbursement under these circumstances as of the date of ratification of this Agreement.

5.7.11 Committee on Communications Technology

Within 60 days of ratification, the District and the Union will convene a committee to examine the need for mobile communication with bargaining unit members. Based on the results of such examination the committee will evaluate options for providing communications equipment or appropriate proportional reimbursement and establishing workplace protocols for the use of personal communications devices.

5.7.11. 1 On completion, the policies generated by the committee shall be reviewed for approval by the Department of Technology and shall be incorporated into this Agreement after approval is confirmed.

5.8 Correcting Payroll Errors

5.8.1 In the event of a payroll error that represents fifty percent (50%) or more of an employee’s net paycheck, a corrected check will be issued by the District within 1 to 3 work days provided: the error is brought to the attention of the Payroll Department within three (3) days of the pay day when the error occurred; and also provided that the Payroll Department receives the documentation for correction at the approximate time that it receives notice of the error.

5.8.2 If the amount of the payroll error represents 25% to 49% of the employee’s net paycheck, the new check will be issued within five (5) work days and all other provisions of Section 5.8.1 shall apply.

5.8.3 If the amount of the payroll error is less than 25% of the employee’s net pay check, the correction will be made on the next regular payroll.

5.9 Payment Policy

5.9.1 Electronic Payroll System – All bargaining unit members shall be paid exclusively by electronic means according to the following terms:

5.9.2 Bargaining unit members shall be paid through direct deposit to their existing accounts.

5.9.3 Bargaining unit members not already receiving pay in this manner may provide the requisite information to the Payroll Department to enable implementation of payment by direct deposit.

5.9.4 Bargaining unit members who elect not to receive salary payments through direct deposit shall be paid through alternative electronic means (such as a “pay card”). Unit members shall be entitled to make at least one free withdrawal from the designated financial institution each time a deposit is made by the District to the pay card. A list of pay card recipients shall be provided to the Union within thirty (30) days of the implementation of this program.

5.9.5 All electronic pay warrants shall be accessible via the unit member’s District username and password through a secure website provided by the District.

5.9.5.1 All bargaining unit members shall have access to a District computer and printer during non-duty time within normal business hours at the work site or alternate District locations for the purpose of verifying salary deposits, viewing itemized wage statements (“pay stub”) and printing hard copies thereof.

5.10 Duty-Free Lunch

A unit member assigned to work six (6) or more hours per day shall be entitled to not less than a thirty (30) minute duty-free lunch period without pay; said period shall be scheduled by the employee, subject to the approval of the immediate supervisor. Should the need for District efficiency cause the lunch period to be canceled, the District shall make a reasonable effort to reschedule it within the unit member’s normal starting and ending time of service. In any event, a unit member shall be paid for all hours actually worked.

3.0.1 No employee shall be discriminated against because of actual or perceived race, religious creed, color, national origin, ancestry, age, marital status, domestic partner status, pregnancy, physical or mental disability, medical condition, genetic information, HIV/AIDS status, military or veteran status, gender or gender identity, gender expression, sex or sexual orientation, ethnicity, political affiliation, affiliation with an employee organization, or other non-merit/non-job related factors provided the individual’s ability to perform the task is not impaired thereby. No employee shall be subject to harassment, including sexual harassment.

Prohibited sex discrimination includes discrimination based on an employee’s or job applicant’s pregnancy, childbirth, breastfeeding, or any related medical condition.

3.0.2 Neither SFUSD nor the Union shall interfere with, intimidate, retaliate, restrain, coerce, or discriminate against any employee because of the exercise of the employee’s rights granted pursuant to this Agreement. No employees seeking promotion, reassignment, or transfer shall in any way be discriminated against because of their Union activities.

3.0.3 The District also prohibits discrimination in compensation, terms, conditions, and other privileges of employment and the taking of any adverse employment action, including, but not limited to, termination or the denial of employment, promotion, job assignment, or training, against an employee or job applicant based in whole or in part of any of the categories listed above.

3.0.4 Any employee who believes they or another employee has been subjected to discrimination should immediately report the incident to any of the following persons and/or offices:

• the employee’s immediate supervisor;
• the District’s Human Resources Department
• (Director of Employee Relations or Head Administrative Officer)
• the District’s Labor Relations Department (Head of Labor Relations)
• the District’s Office of Equity (Director)

3.0.5 The District will immediately provide the Union with a notification of the complaint to facilitate timely investigation. In a meeting where management is investigating a formal complaint made by an employee, the employee making the complaint has the right to have a shop steward or union representative present in the meeting. If the shop steward is a witness to the complaint, another union representative shall be assigned to represent the employee. The District will conduct an investigation and provide a report of findings and action as quickly as possible. No employee shall be retaliated against for reporting or filing a complaint of discrimination as defined above.

3.0.6 To the extent possible, discrimination complaints will be treated in strict confidence by both the Union and the District. Disciplinary actions against employees found to have violated this Article may include progressive discipline appropriate to the severity and nature of the proven misconduct. If a complaint alleges discrimination by a non-District employee, interim measures and/or final corrective actions to be considered, as contemplated by Administrative Regulations, shall include excluding such person(s) from contact with the complainant and/or their worksite.

3.0.7 The District and the Union agree this Article shall be administered and enforced consistent with all relevant Board Policies, Administrative Regulations, and relevant statutes.

3.1 Reasonable Accommodation ADA

3.1.1 The Parties agree that they are required to provide reasonable accommodations for persons with disabilities in order to comply with all applicable laws and board policies.

3.1.2 An employee may request reasonable accommodation. During the process, an employee has the right, upon request, to Union representation.

3.1.3 When an employee requests a reasonable accommodation, the appropriate District designee shall meet with the employee and, at the request of the employee, with the employee’s Union representative as soon as practicable to commence the interactive process.

3.1.4 The District shall meet and confer with the Union upon request.

3.1.5 If no reasonable accommodation in the current assignment is offered, Employer should make every reasonable effort to provide a modified work duty assignment.

3.1.6 The ADA process is not subject to the grievance procedure as outlined in Article 25.