INFORMATION ON SICK TIME AND COVID-19

Dated: March 14, 2020

SDHSA prepared the following memorandum to keep UCSD House Staff up to date on matters of concern regarding sick time and COVID-19. This memorandum provides information regarding the following: (1) California’s Directive to Employers; (2) University of California’s Employee Extended Paid Sick Time Coverage as a result of COVID-19; (3) 2018-2021 MOU sick time provisions; (4) UC Health Care Plans and Benefits relating to COVID-19; and (5) Some State Benefits one may apply for.

  1. CALIFORNIA DEPARTMENT OF HEALTH MANDATES THE UNIVERSITY FOLLOW SICK LEAVE POLICIES.

On March 7, 2020, the California Department of Public Health published a memorandum applicable to schools including the University which provides that the University must “[e]nsure sick leave policies allow faculty and staff to stay home if they have symptoms of respiratory infection.”[1]

2. UNIVERSITY OF CALIFORNIA WILL PROVIDE AN ADDITIONAL FOURTEEN DAYS PAID BEYOND ACCRUED SICK LEAVE. FOR THOSE AFFECTED BY COVID-19.

On March 9, 2020, the University of California Office of the President published a letter in response to COVID-19 and states that employees unable to work due to their own or a family members illness, employees should use available leave balances, and if no leave balances the University will provide 14 days paid administrative leave to cover the absence. [2]

 Employees unable to come to work due to public health or University-required quarantine or self-isolation measure may work remotely if operationally feasible, if not feasible, employees should use available leave balances, and if no leave balances the University will provide 14 days paid administrative leave to cover the absence. [3]

            UCSD’s Human Resources Employee Relations team has set up a number to call for questions – (858) 534-4115.

3. 2018-2021 MOU SICK LEAVE POLICY

For each individual house staff seeking information regarding on how to calculate accrued balances, the current 2018-2021 MOU provides for sick leave accrual at the rate of one working day per month for full time employees, for an accrual of twelve (12) days earned per year. In addition, house staff may use up to thirty (30) days of sick leave in any calendar year when required to provide care because of the illness of the House Officer’s spouse, parent, child, sibling, grandparent or grandchild. In-laws and step-relatives in the relationships listed also are covered. This provision also covers other related persons residing in the House Officer’s household.[4]

Further the MOU provides for leave in the case of work-incurred disability which arguably applies to contracting Corona Virus from your work related duties, house staff may receive “temporary disability payments under the Workers’ Compensation Act” and “shall be granted a leave without pay for all or part of the period during which temporary disability payments are received.”[5]

4. HEALTHCARE / MEDICAL INSURANCE PLANS

Testing is free. To ensure that the cost of health care will not be an obstacle to testing and treatment of COVID-19, Governor Gavin Newsom and Insurance Commissioner Ricardo Lara have directed California health plans to waive costs for screening and testing of the disease.[6]

UC’s health care plans are providing continuous updates on the virus and information on house staff continued health care benefits. For details about your health plan’s response, visit your plan’s website at the hyperlinks below:

  1. Anthem: What you need to know about the coronavirus
  2. Health Net: Important updates: Coronavirus disease (COVID-19)
  3. Kaiser: Novel coronavirus/COVID-19
  4. UnitedHealthcare: Important information for members from UnitedHealthcare on COVID-19
  5. ADDITIONAL BENEFITS FOR WORKERS IMPACTED BY COVID-19

The Labor Department compiled a list of additional benefits and resources for employees that need assistance due to COVID-19. [7]

  • LINKS FOR UP TO DATE UC INFORMATION

Further, more information can be found on the University of California website on the latest news regarding how the University is reacting to COVID-19. https://www.universityofcalifornia.edu/coronavirus. https://health.ucsd.edu/news/Pages/Coronavirus-update.aspx

https://blink.ucsd.edu/HR/services/covid-19/#Sick-Leave

CONCLUSION

            SDHSA will continue to keep UCSD House Staff abreast of important information regarding this critical issue. 


[1] https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/CDPH%20Higher%20Education%20Guidance_ADA%20Compliant_FINAL.pdf

[2] https://ucnet.universityofcalifornia.edu/news/2020/01/guidance-regarding-paid-leave-and-remote-work-provisions.pdf

[3] https://ucnet.universityofcalifornia.edu/news/2020/01/guidance-regarding-paid-leave-and-remote-work-provisions.pdf

[4]https://ucnet.universityofcalifornia.edu/labor/bargaining-units/m6/docs/m6_2018-2021_00_complete.pdf

See Pages 27-28 of 34.

[5] https://ucnet.universityofcalifornia.edu/labor/bargaining-units/m6/docs/m6_2018-2021_00_complete.pdf

See Pages 27-28 of 34.

[6] http://www.dmhc.ca.gov/Portals/0/Docs/OPL/APL-COVID-19WaiverOfCostShare3-5-20Final.pdf

[7] https://www.labor.ca.gov/coronavirus2019/#chart

2019-20 Salary Increases

Dear Members,

Look forward to your 3% salary increases and other improved benefits for academic year 2019-20, starting with the July 2019 paycheck (disbursed August 1). The salary table we are providing here serves as an estimate and may be off by a minimal amount depending on whether UC’s payroll system is rounding up/down.

For academic year 2019-2020, the Housing Stipend for all House Staff covered positions will be $5,900. Represented House Staff shall be paid the Housing Stipend noted above in two (2) equal payments of 50% of the total academic year amount, with the first half-payment occurring on October 1 of the academic year, and the second half-payment occurring on February 1. To be eligible for the first distribution, the Represented House Staff individual must be active in the payroll system as of September 1 of the contract/academic year and on active payroll status at the time of disbursement. To be eligible for the second distribution, the Represented House Staff individual must be active in the payroll system as of January 10 of the contract/academic year and on active payroll status at the time of disbursement.

An Education Stipend in the amount of $500 per Represented House Staff individual shall be paid by October 1. In order to be eligible for the stipend, the Represented House Staff individual must be active in the payroll system as of September 1 of the contract/academic year.

My Extra Pay – Explanation?

The SDHSA completed negotiations on a new Labor Contract (“MOU”) between UCSD House Staff and UCSD in October of 2018. Among the many details, this new MOU includes: An annual Housing Stipend ($5,800 for 2018-2019 with half to be paid in December and the second half to be paid in February); an annual Educational Stipend ($500 to be paid in December) and a 3.1% Wage Raise for each PGY scale with Back Pay to July 1, 2018. The MOU was fully executed on October 10, 2018.

The SDHSA continues to diligently pursue protecting your benefits and rights. As always – we will keep the House Staff informed whenever we receive updated information. If you feel that you are being denied proper pay and/or benefits – please contact us and we will look into it ASAP.

Your new salaries

Here is the new SDHSA negotiated salary scale for 2018-19. For every PGY level, the salary has increased by 3.1% from the prior year.
That’s not all: Your housing stipend has increased from $5000 to $5800. And don’t forget about the $500 educational stipend.
All represented House Staff (Residents and Fellows) will receive these benefits.

Great News!

SDHSA successfully concluded negotiations with UCSD bringing Fellows under its umbrella, increasing pay and benefits for their represented employees in addition to securing numerous rights and privileges! After difficult negotiations with UCSD spanning 10 months and the expiration of the former Memorandum of Understanding (MOU), the SDHSA was able to successfully negotiate a new MOU with many benefits to employees represented by the SDHSA. You can take a look at the new MOU here.

UCSD Fellows are NOW represented by the SDHSA! 

PERB Orders Fellows Added to SDHSA Unit

We got some great news – UCSD Fellows are now officially represented by the San Diego House Staff Association. On April 25, 2018, California’s Public Employment Relations Board (PERB) issued an Order adding UCSD Fellows to its unit, UCSD Housestaff. See PERB Case No. SF-UM-799-H.

SDHSA wishes to thank the SDHSA Board of Directors and the SDHSA Fellows’ Committee who invested the time and energy to make this a reality. In addition, we want to thank all of the UCSD Fellows that took the time out of their busy schedules to vote in the election last November. The SDHSA Negotiating Team including representatives of the Fellows is commencing negotiations for the 2018-2021 Contract. We look forward to seeing all the Fellows at our SDHSA Events!

Short History

When SDHSA was originally formed (prior to becoming a union), it represented both UCSD Residents and Fellows. For historical reasons, UCSD Fellows were left out of the original petition to California’s Public Employment Relations Board (PERB)  [https://www.perb.ca.gov/] seeking representation of UCSD’s Interns and Residents. Over time, it became apparent that these historical reasons were no longer of significant relevance and had resulted in the Fellows being denied many of the benefits SDHSA had negotiated for Residents. Over the years, SDHSA has sought to include the Fellows under SDHSA’s umbrella and formally proposed inclusion during the negotiations for 2015-2018 Contract. Inclusion was opposed by UCSD.

Finally in March of 2017, the SDHSA decided to force the issue by conducting an on-line vote of UCSD Fellows. The result of that vote was that ninety-five (95%) of the ballots were in favor of SDHSA being the Fellows’ exclusive labor representative. Thereafter, SDHSA formally requested that UCSD voluntarily recognize SDHSA the Fellows’ labor representative. UCSD declined. Unfortunately SDHSA’s original petition to PERB was rejected by a PERB on a technicality who on appeal ruled that only “wet” signatures were acceptable.

SDHSA and the UCSD Fellows’ Committee were not deterred. In November of 2017, UCSD finally agreed to participate in a jointly monitored vote of the UCSD Fellows. The result of that was that one-hundred percent (100%) of the Fellows who voted elected to be represented by the SDHSA as their exclusive labor representative. The matter was again required to be submitted to PERB. PERB found that SDHSA had a valid vote of a majority of the Fellows. Finally on April 25, 2018, PERB issued an Order adding UCSD Fellows to its unit, UCSD Housestaff. See PERB Case No. SF-UM-799-H. As a result, SDHSA is now the exclusive labor representative of UCSD Fellows in Title Codes 2726 and 2732.

Negotiations

Representation of the Fellows had taken on some urgency. SDHSA negotiations for a new Contract began in February of 2018, for the Contract period 2018-2021. UCSD will have to accept representatives of the Fellows in these negotiations.

In regard to various benefits, the Fellows were formerly not covered under SDHSA’s contract. Historically, this resulted in the Fellows being denied many benefits. The benefit which receives the most attention is the Housing Stipend. Yet, the benefits and protections offered by SDHSA representation can be thought of as a “bundle” of rights of which the Housing Stipend is only one. If you would like to contribute to our efforts, the SDHSA Fellows’ Committee can use all the help it can get!

Your Right to Report Without Retaliation

Existing law provides for the licensure and regulation of health facilities, as defined, by the department. Existing law prohibits a health facility from discriminating or retaliating against a patient, employee, member of the medical staff, or any other health care worker of the health facility because that person has presented a grievance, complaint, or report to the facility, as specified, or has initiated, participated, or cooperated in an investigation or administrative proceeding related to the quality of care, services, or conditions at the facility, as specified. Existing law makes a person who willfully violates those provisions guilty of a misdemeanor punishable by a fine of not more than $20,000 and makes a violation of those provisions subject to a civil penalty. Recent legislation has increased the maximum fine for a misdemeanor violation of these provisions to $75,000. See California Health and Safety Code Section 1278.5

GC 3587 Report

Pursuant to California Government Code Section 3587, the San Diego House Staff Association makes available to UCSD employees, who are current members of the SDHSA, its annual Balance Sheet and Profit & Loss Statement for the last fiscal year, upon a written request made to Paul Mirowski, Mirowski & Associates, 8030 La Mesa Blvd., # 501, La Mesa CA 91942. Any questions, please direct them to Paul Mirowski pmirowski@mirlaw.com.