Article 1.6. Reduced Worktime Act of California Government Code >> Division 5. >> Title 2. >> Part 2.6. >> Chapter 7. >> Article 1.6.

(a) The Legislature finds and declares all of the following:
  (1) Many individuals in our society possess great productive potential which goes unused because they cannot meet the requirements of a standard workweek.
  (2) An increasing proportion of workers have family responsibilities which include the care of dependent elders and the rearing of children.
  (3) There is a lack of adequate, affordable adult or child care to accommodate the growing need for such services.
  (4) The state is benefited by exploring and encouraging cost-saving supplements to latchkey programs, out-of-home child care services, and adult dependent care.
  (5) Disabled employees or persons with special health needs may benefit from voluntary reduced worktime.
  (6) Voluntary reduced worktime benefits both employers and employees, by increasing flexibility and decreasing absenteeism, offering management more flexibility in meeting work requirements, and filling shortages in various occupations.
  (7) Society is benefited by offering a needed alternative for those individuals who require or prefer shorter hours, despite the reduced income, thus increasing jobs available to reduce unemployment while retaining the skills of individuals who have training and experience.
  (8) Employment opportunities are maximized by providing for voluntary reduced worktime options to a standard workweek.
  (b) It is the intent of the Legislature in adopting this section to pursue all of the following objectives:
  (1) To provide for maximum employment opportunities.
  (2) To encourage the realization of individual potential.
  (3) To increase the numbers and kinds of public and private sector voluntary reduced worktime options.
  (4) To support the creation of a healthy balance between work and family needs, including the need for additional income.
  (5) To encourage voluntary reduced worktime opportunities within the private as well as public sector.
  (6) To develop policies and procedures which support the growth of voluntary reduced worktime positions.
  (7) To promote job stability.
  (8) To strengthen the family and promote domestic tranquility and to benefit the family and society by promoting a balance between work and home.
  (9) To provide for alternative solutions to the growing need for adequate child care, care for dependent adults, and care for the disabled.
  (c) Nothing in this section shall be construed as superseding Sections 19996.20 and 19996.21 which provide that the reduced worktime option shall be made available only to the extent feasible and as the department finds consistent with maximum employment opportunity.

"Reduced worktime," as used in this article, means employment of less than 40 hours of work per week, and includes arrangements involving job sharing, four-, five-, or six-hour workdays, jobs which provide eight hours of employment or less for one, two, three, four or five days per week, and such other arrangements which the department finds consistent with maximum employment opportunity to employees desiring other than a standard worktime.

(a) It is the policy of the state that to the extent feasible, reduced worktime be made available to employees who are unable, or who do not desire, to work standard working hours on a full-time basis. Further, it is the intent of the Legislature that nothing in this act shall be used to reduce the number of full-time equivalency positions authorized to any department.
  (b) If the department determines that a reduction in the personnel of departments or agencies of state government equivalent to 1 percent or more or full-time equivalent jobs is contemplated in a single fiscal year, the director may conduct or may direct each affected department or agency to conduct a survey of either all permanent full-time employees or those permanent full-time employees most likely to be affected by the personnel reduction. The purpose of the survey shall be to determine the extent of the desire of employees to participate in voluntary reduced worktime. The survey shall contain information clearly informing employees of potential worktime options, the effect reduced worktime would have on benefits, and the right to return to full-time work as specified in Section 19996.24.

(a) Any employee who is being coerced, or who has been required, by the appointing power, a supervisor, or another employee, to involuntarily reduce his or her worktime contrary to the intent of this article, or who has been unreasonably denied the right to participate in this program, may file a grievance with the department.
  (b) Any employee of the California State University system who is being coerced, or who has been required by the appointing power, a supervisor, or another employee, to involuntarily reduce his or her worktime contrary to the intent of this article, or who has been unreasonably denied the right to participate in this program, may file a grievance pursuant to the procedures established by the Trustees of the California State University.
  (c) Nothing in this article shall impair the employment or employment rights or benefits of any employee.
  (d) This article shall not apply to employees who are full-time state peace officers unless approved by the peace officers' appointing power.

In counting the number of employees any state agency employs for purposes of any personnel ceiling, an employee employed on a reduced worktime basis shall be counted as a fraction which is determined by dividing 40 hours into the average number of hours that an employee works each week.

(a) Permanent employees who voluntarily reduce their worktime shall, upon request, be given first priority for returning to a full-time work schedule to the extent that such full-time work is available. Such permanent employees shall return to full-time employment at the request of the appointing authority pursuant to regulations adopted by the department which shall define the conditions under which such a request by the appointing authority is appropriate and provide a reasonable grace period for allowing an employee to make the necessary personal arrangements for returning to full-time employment.
  (b) If a layoff becomes unavoidable, persons employed on a reduced worktime basis shall not routinely be subject to the layoff ahead of full-time employees. These employees shall be subject to the same seniority and other similar considerations as full-time employees in determining the order of layoffs.

If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Sections 3517.5 and 3572, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

All persons employed in reduced worktime positions pursuant to Section 19996.21, shall receive, on a pro rata basis, except for benefits provided under the Public Employees' Retirement Law and under the Public Employees' Medical and Hospital Care Act, all benefits customarily available to full-time employees of state agencies in similar classes or positions. With regard to benefits provided under the Public Employees' Retirement Law and under the Public Employees' Medical and Hospital Care Act, persons employed in reduced worktime positions shall receive such benefits as are provided by law for persons employed for less than full time.

The department shall adopt appropriate rules and guidelines relating to reduced worktime implementation.

The Trustees of the California State University shall adopt the appropriate rules and guidelines relating to the implementation of the reduced worktime program for the employees of the California State University system.

This article shall be known and may be cited as the "Reduced Worktime Act."