Get California Work Week Agreement Form

Get California Work Week Agreement Form

The California Work Week Agreement form is a document that allows employees to request an alternate work schedule, such as a 9/8/80 or 4/10/40 arrangement. This agreement helps clarify the terms of work hours and overtime compensation under the Fair Labor Standards Act (FLSA). To ensure compliance and maintain work-life balance, employees are encouraged to fill out the form by clicking the button below.

Structure

The California Work Week Agreement form serves as a crucial document for employees seeking to establish an alternate work schedule, allowing for greater flexibility in their work-life balance. This agreement outlines various work schedule options, including the popular 9/8/80 and 4/10/40 formats, each designed to accommodate different needs and preferences. Employees can specify their regular day off and the corresponding work hours for both the 8-hour and 10-hour workdays. Importantly, the form also addresses how overtime will be calculated under the Fair Labor Standards Act, ensuring that employees are aware of how their work week will be structured for compensation purposes. A key aspect of this agreement is the stipulation that once an alternate schedule is agreed upon, it is to be maintained consistently, with limited exceptions for circumstances such as jury duty or military leave. Furthermore, the document emphasizes the necessity of adhering to specific procedures, including maintaining a minimum number of leave credits, to avoid reverting to a standard work week. The form also includes a section for necessary approvals, ensuring that all parties involved are informed and in agreement with the terms laid out. This comprehensive approach not only facilitates smoother operations within departments but also empowers employees to take charge of their work schedules while remaining compliant with state and federal regulations.

California Work Week Agreement Preview

Alternate Work Week Agreement

California Department of Human Resources

State of California

1. Employee Information

Employee Name

Division

2. Alternate Work Week Schedule

Position #

Today's Date

Effective Date

Please indicate which Alternate Work Week Schedule you are requesting (check one).

9/8/80 Work Schedule: Regular Day Off (RDO): (Monday - Friday)

Date of first RDO:

Work schedule for 8-hour day (i.e. 8:00 a.m. - 5:00 p.m.):

Work schedule for 9-hour day (i.e. 7:00 a.m. - 5:00 p.m.):

4/10/40 Work Schedule: Regular Day Off (RDO): (Monday - Friday)

Work schedule for 10-hour day (i.e. 6:00 a.m. - 5:00 p.m.):

Other: Specify schedule and work hours:

If you are on a 9/8/80 Alternate Work Week Schedule, your work week for overtime purposes will start mid-day on your regular day off (RDO). This change is being made for the purposes of computing your 40-hour work week and any overtime compensation due to you under the provisions of the Fair Labor Standards Act (FLSA).

In signing this agreement, and in accordance with the provisions of the FLSA, you agree to permanently maintain your agreed upon alternate work week schedule. Periodic changes will not be permitted unless you are placed on jury duty, military leave, or non-industrial disability leave, at which time you must return to a Monday-Friday, 8 hour day work schedule.

This agreement may be cancelled at any time by either you or the Department. Failure to comply with the procedures as outlined in the CalHR Alternate Work Week Policy, including maintaining a minimum of 40 hours of leave credits or other paid leave (other than sick leave), will cause you to be removed from your alternate work schedule and return you to a normal Monday - Friday, 5/8/40 work week.

3. Approval

I have read and understand the above terms and conditions of the alternate work week schedule and understand that this agreement is made in accordance with the provisions of the FLSA. I also acknowledge receipt of CalHR's policy on Alternate Work Week Schedules and understand a copy of this agreement will be placed in my official personnel file for audit purposes. I further understand that any excess hours accrued as a result of this schedule will be compensated as straight time when paid by lump sum, and any deficit hours will be charged to vacation, holiday credit, excess hours, personal leave, annual leave, CTO or approved dock.

Employee Signature

Division Chief Signature

Supervisor Signature

Personnel Officer Signature

CalHR 183

Page 1 of 1

(rev 04/2016)

Document Data

Fact Name Description
Governing Law The California Work Week Agreement is governed by the Fair Labor Standards Act (FLSA) and California labor laws.
Purpose This agreement allows employees to request an alternate work week schedule, such as a 9/8/80 or 4/10/40 schedule.
Employee Information Employees must provide their name, division, position number, and dates relevant to the agreement.
Regular Day Off Employees can select a Regular Day Off (RDO) within a Monday to Friday work week.
Overtime Calculation For those on a 9/8/80 schedule, the work week for overtime starts mid-day on the Regular Day Off.
Permanent Agreement Once signed, the agreement is permanent unless the employee is placed on certain types of leave.
Cancellation Either the employee or the Department can cancel the agreement at any time.
Compliance Requirement Employees must maintain a minimum of 40 hours of leave credits or other paid leave to stay on the alternate schedule.

How to Use California Work Week Agreement

Completing the California Work Week Agreement form is an important step in formalizing your alternate work schedule. Once filled out, this document will need to be submitted to the appropriate personnel for review and approval. Follow the steps below to ensure that you provide all necessary information accurately.

  1. Begin by entering your Employee Information at the top of the form. This includes your name and division.
  2. Next, locate the section titled Alternate Work Week Schedule. Here, fill in your position number, today's date, and the effective date of the new schedule.
  3. Indicate which alternate work week schedule you are requesting by checking the appropriate box. Your options include:
    • 9/8/80 Work Schedule
    • 4/10/40 Work Schedule
    • Other - specify your own schedule and work hours.
  4. If you selected the 9/8/80 Work Schedule, provide details for your regular day off (RDO) and the work schedules for both the 8-hour and 9-hour days.
  5. If you chose the 4/10/40 Work Schedule, specify your regular day off (RDO) and the work schedule for the 10-hour day.
  6. Review the terms and conditions provided in the form to ensure you understand your obligations regarding the alternate work week schedule.
  7. Sign the form in the designated Employee Signature section.
  8. Obtain signatures from the Division Chief, Supervisor, and Personnel Officer in their respective sections.

Once all signatures are obtained, submit the completed form to the appropriate department. Ensure that you keep a copy for your records, as it will be placed in your official personnel file for audit purposes.

Key Facts about California Work Week Agreement

What is the California Work Week Agreement form?

The California Work Week Agreement form is a document that allows employees in California state service to request an alternate work schedule. This can include options like a 9/8/80 schedule, where employees work eight days over nine weeks, or a 4/10/40 schedule, where they work four ten-hour days each week. The agreement outlines the terms and conditions under which these schedules are approved and maintained.

Who is eligible to request an alternate work week schedule?

Generally, all employees within the California state service are eligible to request an alternate work week schedule. However, approval may depend on the specific needs of the department and the employee's ability to maintain the required hours and conditions as outlined in the agreement.

What are the different types of alternate work week schedules available?

The form provides options for a 9/8/80 work schedule and a 4/10/40 work schedule. In the 9/8/80 schedule, employees work 80 hours over nine days, with a regular day off (RDO). In the 4/10/40 schedule, employees work 40 hours in four days, also with an RDO. Employees can also specify other schedules if they have different needs.

How does overtime work under an alternate work week schedule?

For employees on a 9/8/80 schedule, the work week for calculating overtime starts mid-day on the regular day off. This means any hours worked beyond the standard 40 hours will be considered overtime and compensated accordingly, in compliance with the Fair Labor Standards Act (FLSA).

Can I change my alternate work week schedule once it is approved?

Once an alternate work week schedule is approved, it is generally considered permanent. Changes are not allowed unless specific circumstances arise, such as jury duty, military leave, or non-industrial disability leave. In those cases, employees must revert to a standard Monday-Friday, 8-hour day schedule.

What happens if I do not comply with the terms of the agreement?

If an employee fails to comply with the procedures outlined in the CalHR Alternate Work Week Policy, such as not maintaining a minimum of 40 hours of leave credits, they may be removed from their alternate work schedule. This would result in a return to a normal Monday-Friday, 5/8/40 work week.

How is the agreement documented and stored?

Once signed, the agreement is placed in the employee's official personnel file for audit purposes. This ensures that there is a record of the agreed-upon schedule and the employee's acknowledgment of the terms and conditions.

What should I do if I have questions about the agreement?

If you have questions or need clarification about the California Work Week Agreement form, it is best to consult with your supervisor or the personnel officer in your department. They can provide guidance and help ensure that you understand the implications of the agreement.

Is there a possibility for compensation for excess hours worked?

Yes, any excess hours accrued due to the alternate work week schedule will be compensated as straight time when paid in a lump sum. Conversely, any deficit hours will be charged to various leave options, such as vacation or personal leave.

Common mistakes

Filling out the California Work Week Agreement form can be a straightforward process, but there are common mistakes that people often make. One frequent error is not providing complete employee information. It is essential to fill in your name, division, and position number accurately. Missing this information can delay the approval process.

Another mistake is neglecting to indicate the requested alternate work week schedule. The form requires you to check one option, such as 9/8/80 or 4/10/40. Failing to do so may result in confusion and could lead to the form being returned for correction.

Some individuals forget to specify their regular day off (RDO). This detail is crucial as it affects how the work schedule is structured. Omitting the RDO can lead to misunderstandings regarding your work hours and days off.

Additionally, people sometimes overlook the need to detail their work schedules for both 8-hour and 9-hour days under the 9/8/80 schedule. This information is necessary to ensure clarity about your expected hours. Without it, your supervisor may not understand your work commitments.

Another common error is not understanding the implications of the schedule on overtime. It is vital to recognize that your work week for overtime purposes starts mid-day on your RDO if you choose a 9/8/80 schedule. Misunderstanding this could lead to unexpected overtime calculations.

Some individuals fail to read the terms and conditions of the agreement thoroughly. It is important to understand that periodic changes to the schedule are not permitted unless under specific circumstances. Not being aware of this could lead to unintentional violations of the agreement.

Another mistake is not signing the form. The agreement requires your signature as well as those of your division chief, supervisor, and personnel officer. Missing signatures can result in the form being incomplete and not processed.

People also sometimes neglect to keep a copy of the agreement for their records. Having a personal copy is beneficial for future reference and can help clarify any questions that may arise later.

Lastly, individuals may not be aware of the requirement to maintain a minimum of 40 hours of leave credits or other paid leave. Failure to comply with this requirement can lead to removal from the alternate work schedule, returning you to a standard work week.

By being mindful of these common mistakes, individuals can ensure a smoother process when completing the California Work Week Agreement form. Taking the time to carefully fill out the form can lead to a better understanding of work schedules and help avoid complications in the future.

Documents used along the form

The California Work Week Agreement form is an essential document for employees who wish to establish an alternate work week schedule. Along with this form, several other documents may be utilized to ensure compliance with state regulations and to clarify the terms of employment. Below is a list of related forms that can be important in this context.

  • Employee Acknowledgment Form: This document serves as a record that the employee has received and understood the policies related to the alternate work week schedule. It confirms that the employee is aware of their rights and responsibilities under the agreement.
  • Request for Alternate Work Schedule Form: Employees must submit this form to formally request a change in their work schedule. It details the proposed hours and days of work, ensuring that management has a clear understanding of the employee's needs.
  • Overtime Authorization Form: When employees work beyond their scheduled hours, this form is required to document the approval for overtime. It helps in maintaining accurate records for payroll and ensures compliance with labor laws.
  • Leave of Absence Request Form: Should an employee need to take time off, this form allows them to formally request a leave. It is important for maintaining the integrity of the alternate work schedule and ensures that all parties are informed of the employee's absence.

These documents collectively support the management of alternate work schedules in California. They help ensure that both employees and employers are clear on expectations and legal obligations, promoting a fair and organized work environment.

Similar forms

  • Flexible Work Arrangement Agreement: This document outlines the terms under which employees can adjust their work hours and location. Like the California Work Week Agreement, it aims to provide flexibility while ensuring compliance with labor laws. Both agreements require employee signatures and outline the consequences of failing to adhere to the agreed-upon schedule.
  • Telecommuting Agreement: Similar to the California Work Week Agreement, this document details the conditions under which an employee may work remotely. It specifies work hours, responsibilities, and compliance with company policies, ensuring that both employee and employer are clear on expectations.
  • Overtime Agreement: This document is used to clarify how overtime will be calculated and compensated. Like the California Work Week Agreement, it emphasizes the importance of adhering to specific work schedules and outlines the implications for both regular and overtime hours.
  • Leave of Absence Policy: This policy provides guidelines for employees who need to take time off from work. It shares similarities with the California Work Week Agreement in that it outlines the necessary procedures for requesting time off and the impact of such leave on work schedules and compensation.
  • Job Sharing Agreement: This document allows two employees to share the responsibilities of one full-time position. Like the California Work Week Agreement, it requires clear communication about work hours and responsibilities, ensuring that both parties understand their roles and the implications for compensation and benefits.

Dos and Don'ts

When filling out the California Work Week Agreement form, it is important to follow specific guidelines to ensure accuracy and compliance. Here are six things you should and shouldn't do:

  • Do provide complete and accurate employee information, including your name and division.
  • Do clearly indicate your preferred alternate work week schedule by checking the appropriate box.
  • Do specify your regular day off (RDO) and work hours for the selected schedule.
  • Don't leave any sections blank; incomplete forms may lead to delays or issues with your request.
  • Don't forget to read the terms and conditions carefully before signing the agreement.
  • Don't submit the form without ensuring that you understand the implications of the alternate work week schedule.

Misconceptions

Misconceptions about the California Work Week Agreement form can lead to confusion among employees and employers alike. Here are five common misunderstandings:

  • 1. Employees can change their schedule whenever they want. Many believe they can easily switch their work schedule. However, once you agree to an alternate work week, changes are not allowed unless specific circumstances arise, such as jury duty or military leave.
  • 2. Overtime rules are the same as a regular schedule. Some think that overtime is calculated the same way for alternate work weeks. In reality, the calculation can differ, especially for those on a 9/8/80 schedule, where the work week starts mid-day on the regular day off.
  • 3. The agreement is permanent and cannot be canceled. Many employees assume that once they sign the agreement, they are locked in. In fact, either the employee or the department can cancel the agreement at any time.
  • 4. Sick leave counts towards the 40-hour requirement. There is a belief that sick leave can be used to meet the minimum 40 hours of leave credits. This is incorrect. Only certain types of paid leave, excluding sick leave, can satisfy this requirement.
  • 5. All hours worked are paid at the same rate. Some think that all hours, including any excess hours accrued, are compensated at the regular rate. However, excess hours are compensated as straight time when paid by lump sum, which may not be the same as regular pay.

Key takeaways

Here are some important points to consider when filling out and using the California Work Week Agreement form:

  • Employee Information: Ensure that all personal details, such as your name and division, are accurately filled out.
  • Schedule Selection: Clearly indicate which Alternate Work Week Schedule you are choosing, such as 9/8/80 or 4/10/40.
  • Regular Day Off (RDO): Specify your Regular Day Off as part of the schedule selection process.
  • Work Hours: Provide detailed work hours for both the 8-hour and 9-hour days, or for the 10-hour day if applicable.
  • Understanding Overtime: Be aware that your work week for overtime purposes will start mid-day on your RDO if you choose a 9/8/80 schedule.
  • Permanency of Schedule: Once agreed upon, the alternate work week schedule is permanent unless specific circumstances, such as jury duty, arise.
  • Compliance with Policies: Familiarize yourself with the CalHR Alternate Work Week Policy to avoid being removed from your alternate schedule.
  • Signatures Required: Remember that your signature, along with those of your supervisor and division chief, is necessary for the agreement to be valid.