Download California Work Week Agreement Form

What is the California Work Week Agreement form?

The California Work Week Agreement form is a document that allows employees to request an alternate work week schedule. This can include options like a 9/8/80 schedule or a 4/10/40 schedule. The form outlines the terms and conditions for the alternate work week, ensuring compliance with the Fair Labor Standards Act (FLSA).

What are the available alternate work week schedules?

Employees can choose from the following alternate work week schedules:

• 9/8/80 Work Schedule: This schedule consists of eight-hour workdays for nine days over two weeks, resulting in one regular day off (RDO).
• 4/10/40 Work Schedule: This schedule involves working four ten-hour days, with one RDO.
• Other: Employees may specify a different schedule and work hours if needed.

How does the alternate work week schedule affect overtime calculations?

For those on a 9/8/80 schedule, the work week for overtime purposes begins mid-day on the regular day off. This adjustment is necessary for accurately computing the 40-hour work week and any overtime compensation due under the FLSA.

Can an employee change their alternate work week schedule?

Changes to the alternate work week schedule are generally not permitted unless the employee is placed on jury duty, military leave, or non-industrial disability leave. In such cases, the employee must revert to a standard Monday-Friday, eight-hour day work schedule.

What happens if an employee fails to comply with the agreement?

If an employee does not adhere to the procedures outlined in the CalHR Alternate Work Week Policy, they may be removed from their alternate work schedule. This includes maintaining a minimum of 40 hours of leave credits or other paid leave (excluding sick leave), after which the employee will return to a standard Monday-Friday, 5/8/40 work week.

How is the agreement documented and acknowledged?

Employees must sign the agreement, acknowledging that they have read and understood the terms and conditions. A copy of the agreement will be placed in the employee's official personnel file for audit purposes. This ensures that all parties are aware of their rights and responsibilities under the alternate work week schedule.

What compensation is provided for excess or deficit hours?

Any excess hours accrued due to the alternate work week schedule will be compensated at straight time when paid in a lump sum. Conversely, any deficit hours will be charged to vacation, holiday credit, personal leave, annual leave, compensatory time off (CTO), or approved dock.

When filling out the California Work Week Agreement form, it's important to follow specific guidelines to ensure a smooth process. Here are nine things you should and shouldn't do:

• Do provide accurate employee information, including your name and division.
• Do clearly indicate your requested alternate work week schedule by checking the appropriate box.
• Do specify your regular day off (RDO) and work hours accurately.
• Do understand the implications of your chosen work schedule on overtime calculations.
• Do read and acknowledge the terms and conditions outlined in the agreement.
• Don't leave any sections of the form blank; incomplete forms may be rejected.
• Don't forget to sign the agreement, as your signature is required for approval.
• Don't assume that changes to your schedule can be made easily; understand the limitations on modifications.
• Don't neglect to keep a copy of the agreement for your records.

Misconceptions about the California Work Week Agreement form can lead to confusion for both employees and employers. Here are nine common misunderstandings:

• It guarantees a permanent schedule. Many believe that once the agreement is signed, the alternate work week schedule is permanent. However, changes can occur due to specific circumstances like jury duty or military leave.
• All employees are eligible. Some think that every employee can adopt an alternate work week schedule. Eligibility may depend on the employer's policies and the nature of the job.
• Overtime calculations remain unchanged. There is a misconception that overtime calculations are the same as a standard work week. In fact, for those on a 9/8/80 schedule, the work week for overtime purposes starts mid-day on the regular day off.
• Sick leave impacts the agreement. Some assume that using sick leave does not affect their alternate work schedule. However, maintaining a minimum of 40 hours of leave credits is required to stay on the schedule.
• It cannot be canceled. There is a belief that the agreement cannot be canceled once signed. In reality, either the employee or the department can cancel the agreement at any time.
• All hours accrued are paid at overtime rates. Many think that all excess hours accrued will automatically be compensated at overtime rates. Instead, excess hours are compensated as straight time when paid by lump sum.
• Only full-time employees can apply. Some believe that only full-time employees can utilize the alternate work week agreement. Part-time employees may also be eligible, depending on their work arrangement.
• There are no restrictions on changing schedules. It is often assumed that employees can change their schedules freely. However, changes are subject to specific guidelines and may not be allowed outside of certain circumstances.
• All departments follow the same rules. There is a misconception that all departments within California state government have the same policies regarding alternate work week agreements. Policies can vary by department, so it's important to check specific guidelines.

The California Work Week Agreement form is an essential document for employees seeking to establish an alternate work schedule. Several other forms and documents often accompany this agreement to ensure clarity and compliance with relevant policies. Below is a list of these documents, each described briefly to highlight its purpose and importance.

• Employee Acknowledgment Form: This form confirms that the employee has received and understood the policies related to the alternate work week schedule. It serves as a record of the employee's acknowledgment.
• Leave Request Form: Employees use this form to formally request time off. It is important for tracking leave and ensuring that the alternate work schedule remains compliant with leave policies.
• Overtime Approval Form: This document is required when an employee anticipates working overtime hours. It ensures that any additional hours worked are pre-approved and properly documented.
• Work Schedule Change Request: If an employee needs to modify their work schedule, this form must be submitted. It provides a formal process for requesting changes to the established work hours.
• Performance Evaluation Form: This form is used to assess an employee's job performance. Regular evaluations help ensure that employees on alternate schedules are meeting job expectations.
• Timekeeping Record: This document tracks the hours worked by the employee. Accurate timekeeping is crucial for ensuring compliance with labor laws and for calculating pay.
• Policy Acknowledgment Form: Employees sign this form to indicate that they have read and understood the policies governing alternate work schedules. It reinforces the importance of adherence to these policies.
• Training Completion Certificate: If any training is required for employees on alternate work schedules, this certificate confirms that the employee has completed the necessary training.
• Exit Interview Form: When an employee leaves the organization, this form is used to gather feedback about their experience, including their time on an alternate work schedule.
• Benefits Enrollment Form: This document is necessary for employees to enroll in or make changes to their benefits. Understanding benefits is essential for all employees, including those on alternate work schedules.

These forms and documents collectively support the management of alternate work schedules, ensuring that employees are informed and compliant with the necessary regulations. Each serves a specific purpose in maintaining clarity and accountability within the workplace.