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The California Work Week Agreement form is a crucial document for employees seeking to establish an alternate work schedule that diverges from the traditional Monday through Friday, 8-hour workday. This form allows employees to choose from various schedules, including the 9/8/80 and 4/10/40 arrangements, each offering flexibility in hours worked and days off. For instance, under the 9/8/80 schedule, employees can work eight days over a two-week period, with one regular day off, while the 4/10/40 schedule allows for four 10-hour days, also with a regular day off. The form requires essential employee information, such as name, division, and position number, alongside the desired work schedule. Importantly, it outlines the implications for overtime calculations under the Fair Labor Standards Act (FLSA), ensuring that employees understand how their alternate schedule affects their pay and work hours. Employees must agree to maintain their chosen schedule permanently, with limited exceptions for situations like jury duty or military leave. The agreement can be canceled at any time by either party, but noncompliance with the outlined procedures may result in reverting to the standard workweek. Signatures from the employee, division chief, supervisor, and personnel officer confirm understanding and acceptance of the terms, reinforcing the seriousness of this commitment while providing a structured framework for work-life balance.

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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)

Form Specifications

Fact Name Details
Purpose The California Alternate Work Week Agreement allows employees to request a modified work schedule, such as a 9/8/80 or 4/10/40 schedule, providing flexibility in their work hours.
Governing Law This agreement is governed by the Fair Labor Standards Act (FLSA), which outlines the rules for overtime compensation and work hours.
Employee Agreement By signing the agreement, employees commit to maintaining their chosen alternate work schedule and acknowledge that changes are limited to specific circumstances, such as jury duty or military leave.
Cancellation Policy Either the employee or the Department can cancel the agreement at any time, allowing for flexibility in work arrangements.
Compliance Requirements Employees must maintain at least 40 hours of leave credits or other paid leave, excluding sick leave, to remain on their alternate work schedule. Non-compliance will result in a return to a standard work week.

California Work Week Agreement: Usage Guidelines

Completing the California Work Week Agreement form is a straightforward process that requires careful attention to detail. This form is essential for establishing an alternate work schedule, which can provide flexibility in your work hours. Follow the steps below to ensure that you fill out the form correctly.

  1. Gather Necessary Information: Before starting, collect your personal details, including your name, division, position number, and the current date.
  2. Complete Employee Information: Fill in your name and division in the designated sections at the top of the form.
  3. Enter Position Number: Write your position number in the space provided.
  4. Specify Dates: Indicate today’s date and the effective date of the alternate work week schedule.
  5. Select Work Schedule: Choose which alternate work week schedule you are requesting by checking the appropriate box. Options include:
    • 9/8/80 Work Schedule
    • 4/10/40 Work Schedule
    • Other (if applicable)
  6. Detail Work Hours: Depending on your selection, fill in the required work hours for your chosen schedule. For example, if you selected 9/8/80, provide your regular day off and work hours for both 8-hour and 9-hour days.
  7. Review Terms: Read the terms and conditions regarding the alternate work week schedule carefully. Make sure you understand the implications of your agreement.
  8. Sign the Agreement: After reviewing, sign the form in the designated area to indicate your acceptance of the terms.
  9. Obtain Required Signatures: Ensure that the Division Chief, Supervisor, and Personnel Officer also sign the form. This step is crucial for finalizing the agreement.
  10. Submit the Form: Once all signatures are collected, submit the completed form to the appropriate department for processing.

Your Questions, Answered

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 schedule. This agreement can enable employees to work longer hours on certain days in exchange for a shorter work week. Options typically include a 9/8/80 schedule or a 4/10/40 schedule, depending on the employee's preference and departmental approval.

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

Employees can choose between a 9/8/80 schedule, which allows for eight-hour days over nine days with one regular day off, or a 4/10/40 schedule, which consists of four ten-hour days followed by three days off. Employees may also specify other schedules, but these must be clearly outlined in the form.

How does the alternate work week 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 important for calculating overtime compensation under the Fair Labor Standards Act (FLSA). Employees should be aware that any hours worked beyond the agreed schedule may qualify for overtime pay.

Can I change my alternate work week schedule after it has been approved?

Once the alternate work week schedule is established, changes are generally not permitted unless specific circumstances arise, such as jury duty, military leave, or non-industrial disability leave. In those cases, the employee must revert to a standard Monday-Friday, eight-hour workday.

What happens if I do not maintain the required leave credits?

Employees are required to maintain a minimum of 40 hours of leave credits or other paid leave, excluding sick leave. Failure to do so may result in removal from the alternate work schedule, reverting the employee back to a standard Monday-Friday, five-day work week.

Is the agreement permanent?

While the agreement is intended to be permanent, it can be canceled at any time by either the employee or the department. It is essential to communicate any intentions to cancel the agreement to ensure proper processing.

Will a copy of the agreement be kept on file?

Yes, a copy of the signed agreement will be placed in the employee's official personnel file. This is done for audit purposes and to ensure compliance with the terms of the agreement.

What should I do if I have 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 against vacation, holiday credit, personal leave, or other approved leave options.

Who needs to sign the California Work Week Agreement form?

The form must be signed by the employee, the division chief, the supervisor, and the personnel officer. All signatures are necessary to validate the agreement and confirm that all parties understand the terms and conditions outlined.

Where can I find more information about the Alternate Work Week Policy?

Employees should refer to the California Department of Human Resources (CalHR) policy on Alternate Work Week Schedules for comprehensive details. This policy provides essential information regarding eligibility, procedures, and compliance requirements related to alternate work week agreements.

Common mistakes

  1. Neglecting to Provide Complete Employee Information: One common mistake is not filling out all required fields, such as the employee's name, division, and position number. Incomplete information can delay the processing of the agreement.

  2. Failing to Specify the Correct Work Schedule: It's crucial to check the appropriate box for the desired alternate work week schedule. Not selecting a schedule or choosing the wrong one can lead to confusion about work hours and responsibilities.

  3. Ignoring the Regular Day Off (RDO): Many people overlook the importance of clearly indicating their Regular Day Off. This oversight can result in scheduling conflicts and misunderstandings about work expectations.

  4. Overlooking the Terms of Agreement: Employees often sign the agreement without fully understanding the terms and conditions outlined. This can lead to unintentional violations of the agreement, which may impact their work schedule.

  5. Not Keeping Track of Leave Credits: It’s essential to maintain a minimum of 40 hours of leave credits or other paid leave. Failing to do so can result in being removed from the alternate work schedule and reverted back to a standard work week.

Documents used along the form

The California Work Week Agreement form is an essential document for employees who wish to adopt an alternate work schedule. However, several other forms and documents are often used in conjunction with this agreement to ensure compliance with state policies and to facilitate smooth transitions to new work schedules. Below is a list of these related documents.

  • Employee Handbook: This document provides comprehensive information about company policies, procedures, and employee rights. It serves as a valuable resource for understanding the implications of alternate work schedules.
  • Leave of Absence Request Form: Employees may need this form when they require time off for personal reasons, including medical leave or family emergencies. It outlines the process for requesting leave and ensures that employees are aware of their rights during such periods.
  • Timekeeping Records: Accurate timekeeping is crucial when working under an alternate schedule. These records track hours worked, ensuring that employees receive appropriate compensation and comply with overtime regulations.
  • Overtime Authorization Form: When employees anticipate working beyond their scheduled hours, this form must be completed to authorize overtime. It helps manage labor costs and ensures compliance with the Fair Labor Standards Act.
  • Performance Evaluation Form: Regular performance evaluations are important for assessing employee productivity and satisfaction. This form can be particularly relevant for employees on alternate schedules, as it helps managers monitor work quality and engagement.
  • Training and Development Request Form: Employees may wish to pursue additional training or development opportunities while on an alternate work schedule. This form outlines the process for requesting such opportunities and ensures alignment with company goals.
  • Work Schedule Change Request Form: Should an employee need to modify their work schedule, this form facilitates the official request process. It ensures that changes are documented and approved by management, maintaining clarity and organization.

Utilizing these documents alongside the California Work Week Agreement form can help employees navigate their work arrangements more effectively. It is essential to understand the role each document plays in maintaining compliance and fostering a productive work environment.

Similar forms

  • Flexible Work Arrangement Agreement: Similar to the California Work Week Agreement, this document outlines an employee's schedule flexibility, allowing for variations in start and end times while ensuring compliance with labor laws.
  • Telecommuting Agreement: This document allows employees to work remotely, detailing expectations and responsibilities. Like the Work Week Agreement, it emphasizes the need for clear communication and adherence to company policies.
  • Compressed Work Schedule Agreement: This form is used when employees opt to work longer hours over fewer days, similar to the alternate work week schedule. It specifies the work hours and days off, ensuring clarity on overtime calculations.
  • Overtime Agreement: This document outlines the terms under which employees may work overtime. It shares similarities with the Work Week Agreement in its focus on compliance with the Fair Labor Standards Act and overtime pay calculations.
  • Leave of Absence Agreement: This form governs the terms of an employee's leave, much like the Work Week Agreement addresses schedule changes due to specific circumstances. Both documents require acknowledgment of the terms and conditions by the employee.
  • Shift Change Agreement: This document outlines changes in an employee's shift schedule, similar to how the Work Week Agreement specifies alternate work hours. It ensures both parties understand the implications of the shift changes.
  • Employee Handbook Acknowledgment: While not a schedule-specific document, this acknowledgment confirms that employees have read and understood company policies, including those related to work hours and schedules, mirroring the compliance aspect of the Work Week Agreement.

Dos and Don'ts

When filling out the California Work Week Agreement form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are four key dos and don'ts to consider:

  • Do provide complete and accurate employee information, including your name, division, and position number.
  • Do clearly indicate your preferred alternate work week schedule by checking the appropriate box.
  • Don't leave any sections blank, especially those related to your work schedule and regular day off.
  • Don't forget to sign the agreement and obtain the necessary signatures from your division chief and supervisor.

Following these guidelines will help ensure a smooth process in establishing your alternate work week schedule.

Misconceptions

  • Misconception 1: The Alternate Work Week Agreement is mandatory for all employees.
  • This is not true. Participation in the Alternate Work Week Agreement is voluntary. Employees can choose whether or not to opt into this schedule based on their personal and professional needs.

  • Misconception 2: Employees can change their work schedule whenever they want.
  • In reality, once an employee agrees to an alternate work schedule, they must maintain it unless specific circumstances arise, such as jury duty or military leave. Changes are not permitted on a whim.

  • Misconception 3: The Alternate Work Week Agreement guarantees overtime pay for all hours worked over 40 in a week.
  • While employees on an alternate work schedule may be eligible for overtime, it is calculated differently. For those on a 9/8/80 schedule, the work week for overtime purposes starts mid-day on their regular day off.

  • Misconception 4: Employees can take sick leave without affecting their alternate work schedule.
  • Sick leave does not count towards the minimum 40 hours of leave credits required to maintain the alternate work schedule. Employees must ensure they have enough paid leave to remain eligible.

  • Misconception 5: The Alternate Work Week Agreement is permanent once signed.
  • While the agreement is intended to be maintained, it can be canceled by either the employee or the department at any time. This flexibility is important for accommodating changing circumstances.

  • Misconception 6: All departments within California are required to adopt the same alternate work week schedules.
  • Each department has the discretion to implement the Alternate Work Week Agreement based on their operational needs. Therefore, schedules may vary significantly between departments.

  • Misconception 7: Employees will receive extra pay for working longer hours on their scheduled days.
  • Employees on alternate work schedules do not receive additional pay for longer hours unless they exceed the established overtime threshold. Compensation for excess hours is typically at straight time.

  • Misconception 8: The agreement is only for employees in certain positions or divisions.
  • The Alternate Work Week Agreement is available to various positions across different divisions, as long as the employee meets the eligibility criteria set by their department.

Key takeaways

Here are some key takeaways regarding the California Work Week Agreement form:

  • Employee Information: Ensure that all personal details, such as name and division, are accurately filled out.
  • Work Schedule Options: Choose between the 9/8/80 or 4/10/40 work schedule and provide the necessary details for your selected option.
  • Overtime Calculation: Understand that the work week for overtime purposes begins mid-day on your regular day off if you choose the 9/8/80 schedule.
  • Permanency of Schedule: Be aware that once signed, the agreement requires you to maintain the selected schedule unless specific circumstances arise, such as jury duty or military leave.
  • Compliance and Cancellation: Familiarize yourself with the compliance requirements. Failure to maintain the necessary leave credits can result in returning to a standard work week.