Memorandum of Understanding with Unit 12 - Dpa - State of California

3.5 Employee Assistance ProgramA. The State recognizes that alcohol, drug abuse and stress may adversely affect jobperformance and are treatable conditions. As a means of correcting job performanceproblems, the State may offer referral to treatment for alcohol, drug, and stress-relatedproblems such as marital, family, emotional, financial, medical, legal, or other personalproblems. The intent of this Section is to assist an employee's voluntary efforts to treatalcoholism or a drug related or a stress-related problem so as to retain or recover his/hervalue as an employee.B. Each department head or designee shall designate an Employee Assistance ProgramCoordinator who shall arrange for programs to implement this Section. Employees who areto be referred to an Employee Assistance Program Coordinator will be referred by theappropriate management personnel or may refer themselves on a voluntary basis. Anemployee undergoing alcohol, drug, or mental health treatment, upon approval, may useaccrued leave credits for such a purpose. Leave of absences without pay may be grantedby the department head or designee upon the recommendation of the Employee AssistanceProgram Coordinator if all leave credits have been exhausted, and the employee is noteligible to use Industrial Disability Leave or Non-Industrial Disability Insurance. A list of allEmployee Assistance Program Coordinators shall be furnished to IUOE annually.C. In an effort to keep records concerning an employee's referral and/or treatment foralcoholism, drug, or stress-related problems confidential, such records shall not be includedin the employee's personnel file.3.6 Enhanced Employee Assistance ProgramThe parties agree to explore the availability of an enhanced EAP Program that includesSAP services, is more cost effective, and can be effectively administered under an IUOETrust consistent with regulatory and statutory requirements3.7 Flexible Benefit ProgramA. The State agrees to provide a Flexible Benefits Program under Section 125 and relatedSections 129, 213(d), and 105(b) of the Internal Revenue Code. All participants in theFlexElect Program shall be subject to all applicable Federal statute and relatedadministrative provisions adopted by DPA. All eligible employees must work one-half timeor more and have permanent status or if a limited- term or TAU appointment, must havemandatory return rights to a permanent position.B. Permanent Intermittent (PI) employees may only participate in the Pre-Tax Premiumand/or the Cash Option for medical and/or dental insurance. PI's choosing the Pre-TaxPremium must qualify for State medical and/or dental benefits. PI's choosing the CashOption will qualify if they work at least one-half time, have an appointment for more than sixmonths, and receive credit for a minimum of 480 paid hours within the six month controlperiod of January 1 through June 30 of the plan year in which they are enrolled.C. Subsection 'B' above is not grievable or arbitrable.32BU 12(99-01)