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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). Page 1 of 6 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. Page 2 of 6 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. Page 3 of 6 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. Page 4 of 6 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. Page 5 of 6 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. Page 6 of 6