SWAPS A-245 FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SHIFT SWAP POLICY NO: A-245
FILE: SWAPS
EFFECTIVE DATE: 09-22-97 REVISED: 11-01-98, 09-01-99, 08-01-03, 07-01-10,
10-01-19
AUTHORITY: Sheriff M. Mims APPROVED BY: Assistant Sheriff T. Gattie
REFERENCE: Fair Labor Standards Act, 29 USC Section 207(p)(3); 29 CFR Section
553.31; and Fresno County Administrative Officer's Management
Directives, Section 110.
PURPOSE:
The purpose of this policy is to provide the opportunity for Correctional Officers and
Correctional Sergeants to exchange full work shifts when staffing levels and/or other
operational needs are not conducive to the use of Annual Leave.
POLICY:
It is the policy of the Fresno County Sheriff's Office Jail Division to allow the classifications
of Correctional Officer II/III/IV and Correctional Sergeants to exchange a limited number
of full work shifts per payroll year.
PROCEDURES:
I. CONDITIONS FOR SWAPPING WORK SHIFTS (CORRECTIONAL
OFFICERS)
Correctional Officers II/III/IV may be allowed to exchange a limited number of
full work shifts under the following conditions:
A. Only two (2) Correctional Officers may be involved in any swap of full
work shifts.
B. The two (2) Correctional Officers are defined as the Correctional Officer
requesting the swap and the Correctional Officer who is willing to agree
to swap the specific full work shift identified.
C. The Correctional Officers must possess similar job skills to perform the
specific assignment as determined by the Watch Commander, and may
only swap full work shifts with another Correctional Officer on the same
work schedule (e.g., 8-hour work shift for another 8-hour work shift, or
12-hour work shift for another 12-hour work shift).
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SHIFT SWAP POLICY NO: A-245
FILE: SWAPS
D. Regarding the exchange of work assignments, Correctional Officers Its
and I I Is shall be considered to be of the same job classification. COIVs
by virtue of their rank can only exchange work assignments with another
COIV.
E. Correctional Officers are only allowed a maximum number of shift swaps,
as defined below, per payroll year (December — December)-
1. 8-hour work schedule - Maximum of 5 shifts (40 hours total) per
payroll year.
2. 10-hour work schedule - Maximum of 4 shifts (40 hours total) per
payroll year.
3. 12-hour work schedule - Maximum of 4 shifts (48 hours total) per
payroll year.
F. The swap must occur and be completed within two (2) consecutive pay
periods.
G. No County overtime or FLSA overtime shall result from the officers that
agree to the swap.
H. The two (2) Correctional Officers must agree to the swap in writing. A
Work Shift Swap Agreement (J-167) form must be completed by both
Correctional Officers and submitted to the initiating officer's Watch
Commander for review and approval:
1. A minimum of ten (10) days in advance of the first proposed shift
swap, but
2. No more than thirty(30)days in advance of the proposed shift swaps.
I. The Watch Commander shall review the proposed swap request noting
the approval or denial, at their discretion, a minimum of five (5) days prior
to the first proposed shift swap.
J. It is the responsibility of the officers involved in the swap to check the
outcome of each request.
K. Swap denials may be appealed to the Jail Operations Bureau
Commander for review.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SHIFT SWAP POLICY NO: A-245
FILE: SWAPS
L. Should a Correctional Officer not complete the terms of the agreed swap
for reasons other than an On-the-Job Injury(OJI), the Correctional Officer
may have further participation withheld in addition to any disciplinary
action for cause. If a Correctional Officer fails to complete the terms of
the agreed upon swap, the County may deduct the equivalent amount of
Annual Leave hours from that employee's Annual Leave bank to
reimburse the County for any and all costs incurred to replace that officer.
M. Officers are not subject to mandatory overtime when working a shift
swap.
N. Hours worked as a result of a shift swap are not subject to night
differential pay (i.e., shift premium).
II. CONDITIONS FOR SWAPPING WORK SHIFTS (CORRECTIONAL
SERGEANTS)
Correctional Sergeants may be allowed to exchange full work shifts under the
following conditions:
A. Only two (2) Correctional Sergeants may be involved in any swap of full
work shifts.
B. The two (2) Correctional Sergeants are defined as the Correctional
Sergeant requesting the swap and the Correctional Sergeant who is
willing to agree to swap the specific full work shift identified.
C. The Correctional Sergeants must possess similarjob skills to perform the
specific assignment as determined by the Watch Commander. They may
only swap full work shifts with another Correctional Sergeant on the same
work schedule (i.e., 12-hour work shift for another 12-hour work shift).
D. Correctional Sergeants are only allowed a maximum of four (4) shifts (or
48 hours) of work shift swaps per payroll year (December— December).
E. The swap must occur and be completed within two (2) consecutive pay
periods.
F. No County overtime or FLSA overtime shall result from the Sergeants
that agree to the swap.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SHIFT SWAP POLICY NO: A-245
FILE: SWAPS
G. The two (2) Correctional Sergeants must agree to the swap in writing. A
Work Shift Swap Agreement (J -167) form must be completed by both
Correctional Sergeants and submitted to the initiating Sergeant's Watch
Commander for review and approval:
1. A minimum of ten (10) days in advance of the first proposed shift
swap, but
2. No more than thirty(30)days in advance of the proposed shift swaps.
H. The Watch Commander shall review the proposed swap request noting
the approval or denial, at their discretion, a minimum of five (5) days prior
to the first proposed shift swap.
I. It is the responsibility of the Sergeants involved in the swap to check the
outcome of each request.
J. Swap denials may be appealed to the Jail Operations Bureau
Commander for review.
K. Should a Correctional Sergeant not complete the terms of the agreed
swap for reasons other than an On-the-Job Injury (OJI), the Correctional
Sergeant may have further participation withheld in addition to any
disciplinary action for cause. If a Correctional Sergeant fails to complete
the terms of the agreed upon swap, the County may deduct the
equivalent amount of Annual Leave hours from that employee's Annual
Leave bank to reimburse the County for any and all costs incurred to
replace that Sergeant.
III. IMPLEMENTATION OF A SWAP
A. It is the responsibility of the Officer or Sergeant who desires to exchange
work shifts to seek arrangements with another employee of the same
classification.
B. Both employees shall complete a Work Shift Swap Agreement form (see
Addendum A).
1. The Work Shift Swap Agreement form shall be completed and
submitted a maximum of thirty (30) days in advance and a minimum
of ten (10) days prior to the first proposed shift swap.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SHIFT SWAP POLICY NO: A-245
FILE: SWAPS
2. The form shall be submitted in person by the employee initiating the
request to their Watch Commander.
3. The requested swap may be approved or denied at the discretion of
the Watch Commander.
4. The employees involved in the swap are responsible to check the
outcome of each request.
C. If the swap involves more than one shift, the swap may be approved by
the requesting Officer/Sergeant's Watch Commander. It will be the
responsibility of the approving Watch Commander to notice the Watch
Commander of the other shift of such approval. Email notification from
the approving Watch Commander shall be required as documentation.
D. The Administrative/Central Control Sergeant shall be responsible to enter
appropriate entries into the TeleStaff/WebStaff schedule. The original
form shall be maintained in the Sergeant's office until after completion of
the swap.
E. Should either employee not complete the terms of the agreed swap for
reasons other than On-the-Job Injury, they may have further participation
withheld in addition to any disciplinary action for cause.
IV. PAYROLL ISSUES
A. When one employee substitutes for another, each employee is credited
as if he or she had worked his or her normal work schedule for that
shift.
1. Swap hours worked shall be excluded in the calculation of the hours
for which the substituting employee would otherwise be entitled to
overtime compensation under FLSA.
2. Swap hours worked (or swap hours not worked) are excluded from
the calculation of productive hours in determining County overtime
compensation.
a. Should a swap require an employee to work an increased
amount of regular hours in a pay period, the employee agrees to
waive the County overtime requirement.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: SHIFT SWAP POLICY NO: A-245
FILE: SWAPS
b. Should a swap require an employee to work an increased
amount of regular hours in a 24-hour period, the employee
agrees to waive the County overtime agreement.
c. Conversely, if the swapped shift is not repaid during the same
pay period, the reduced amount of productive hours that the
employee actually worked will not adversely affect the
calculation of overtime payment.
B. At no time shall the swap request result in an employee working more
than 16 consecutive hours (with the exception of briefing time).
C. A swap shall be indicated on an employee's timesheet using the CLOCK
TIMES feature of PeopleSoft. The employee shall indicate their regularly
scheduled hours (regardless if they worked or not), followed by either
"SWAP ON" or "SWAP OFF" (on-duty or off-duty, as applicable). The
name of the person with whom they have swapped shifts shall also be
indicated, as well as the person's payroll (employee identification)
number and the date of the reciprocal swap. (Refer to Addendum B for
examples.)
V. SWAP PROGRAM REVIEW
A. The Swap Program Review shall be conducted each January for the
previous payroll year during the monthly Jail Command Staff meeting.
B. The review shall include an examination of swap requests, approvals,
and denials with an overall evaluation of the program.
C. Revisions to the existing swap policy or continuation of the Swap
Program will be considered after this review, which will include
recommendations received from shift Watch Commanders, supervisors
and staff.
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