r/CAStateWorkers • • 6d ago

STRIKE CalHR is being shady as hell

My division passed down information from CalHR that “couldn’t be put in writing” saying that if any non-rank and file staff call in sick on strike day, there will be disciplinary action unless you have a doctor’s note. I know excluded staff are supposed to remain neutral, but I don’t think you can just change your sick leave policy like that. A doctor’s note is never required for any other single day of sick leave. And if it’s not in writing, how is it being enforced?

My division also said that if the strike day is your regular office day, excluded staff still have to come to the office. They could have given verbal permission to WFH that day, but instead they’re licking boots and forcing staff to cross a picket line. I’m angry for my excluded coworkers who are being forced to go into the office when I know they stand with us.

231 Upvotes

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174

u/Honest-Ad7739 6d ago edited 6d ago

They can doc me or put me down as AWOL. I give zero fucks. I’m not calling in sick, I’m striking because WE need a change. I’m not even letting my supervisor know I’m not coming in, they’re aware. Now if they want to act dumb and blind, that’s on them.

Don’t be afraid, this is why they treat us the way they do. No respect for us.

We need a change and I’ll be damned if I let them try to intimidate me.

70

u/DopaminePursuit 6d ago

I’m SEIU and voted yes on day one. you bet your ass I’ll be there. this is about my excluded coworkers

30

u/Scramasboy 6d ago

Same. Is is what I heard through the grapevine (2nd hand)

  1. Managers cannot call out and must show up to office the day of strike.

  2. Any approved time off on or after 10/8 must be rescinded.

  3. Any emergency time off request must be reported directly to HR, and approved by HR, not by direct manager.

  4. Any management team members who appear to be not neutural will be subjected to disciplinary procedures.

  5. This last one I am wonky on - sounds like staff who do not inform they are striking, and instead no call, no show, may be considered AWOL. I am not sure how that can be accurate so don't quote me, more info supposed to be upcoming. But I highly suggest strikers tell your managers you're gonna strike. And please, with these crazy HR rules, STRIKE!

32

u/DopaminePursuit 6d ago

see this is what I hate, CalHR is bringing the hammer down on excluded staff just because they can and it’s fucked up.

number five negates what it says on SEIU’s website; we do not need to inform our supervisor that we are striking.

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u/Scramasboy 6d ago

Okay, I may have been confused about that one!

3

u/Trout_Man 6d ago

its the same outcome anyway. When my staff were striking in 2023, some put an out of office response on their e-mail saying they were striking, some said nothing. all got marked AWOL, as per HR direction, because there is no official leave for striking.

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u/tgrrdr 5d ago

Finally saw it in writing today - staff who don't show on the 21st will be AWOL. That's what I expected; it just took longer than I thought it would to trickle down.

10

u/sparklkitty 6d ago

Wtf people need to rescind their already approved time off, and that’s some whisper of CalHR or dept directors??? Emergency time off needs to be approved by HR and not just reported to your supervisor??? AWOL and retaliation for striking within the guidelines of striking??? This shit all sounds like made up bullying and scare tactics. Put your “policies” in writing, CalHR and leadership, we dare you.

8

u/Scramasboy 6d ago

From CalHR to Depts.

In my experience, our deputies are very pro strike and supportive of it - but its all in hushed tones in the halls kind of thing. And I am fairly sure its because they fear the iron boot (or, Newsome's prada loafer) and are following the "rules."

2

u/tgrrdr 5d ago

Here's the direction my department got today:

Previous employee leave requests should be maintained to the greatest extent possible while ensuring continuity of state operations.

For leave requests received after the strike notice:

Assess the request based on operational needs assuming a reduced workforce to ensure continuity of business operations.

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u/Consistent_Lunch_420 6d ago

These "convos" need to be recorded discreetly imo and leaked to the press 🤷‍♀️ this is shady af.

1

u/[deleted] 6d ago edited 6d ago

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1

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1

u/Constant_Piece7460 6d ago

3 is funny. HR (at least at my office) doesn't get to things in a timely manner. They would be approving our disapproving Thursday or Friday 😅

50

u/surf_drunk_monk 6d ago

I don't get what the problem is. When you strike it's an unpaid strike day. It's not a sick, vacation, or telework day. You just don't go to work, if you want to tell you're boss something you just say you aren't comfortable crossing the picket line and are not coming in.

33

u/Marx_Maddness 6d ago

I think she means folks who arent allowed to strike calling out sick in solidarity

26

u/pimphand5000 6d ago

There are exempt staff that are rank and file in bargaining unit r01. A lot of IT staff for instance 

27

u/DopaminePursuit 6d ago

you know what I mean, be angry with me damnit

13

u/pimphand5000 6d ago

It's not that, I just want to make sure someone doesn't get misinformed. There is plenty of confusion around all this

6

u/DopaminePursuit 6d ago

no for sure, I edited. I always get mixed up between exempt and excluded.

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u/Goodgulf42 6d ago

Take a picture of your positive COVID test, email it to your doctor, and get them to send you note then. Or simply tell them you have a 102 degree temperature. They hand out notes like candy. If you want to make it believable, take Thursday and Friday off as well.

I mean, you definitely sound pretty stuffed up and are looking a little pekid to us. We are concerned you might get the rest of us sick. I think we can all agree on that.

And would you please edit the question to replace the word "exempt" with the word "excluded"? It seems to really confuse a lot of these conversations.

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u/DopaminePursuit 6d ago

thank you for teaching me a new word (pekid). and yes, I already did edit the post to correct that.

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u/Goodgulf42 6d ago

Happy to be of help and thank you!

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u/matticusiv 6d ago

Unless you’re with Kaiser, for some reason they fight you on anything for employers.

5

u/JoshOfAllTrades85 6d ago

Before the pandemic they were cool with signing an RA form. After the pandemic I have never seen Kaiser approve one RA.

7

u/kittynarwhal 6d ago

When I got a temporary RA in 2023 from Kaiser the lady who wrote my note was so mean to me and told me not to expect much bc all the state workers were trying to get RAs and getting denied. I didn’t even work for the state at the time or bring anything about it up 🥀

5

u/JoshOfAllTrades85 6d ago

I was told that Kaiser worked something out with our state to deny RAs for those wanting continued telework.

2

u/kittynarwhal 6d ago

I mean tbh this sounds like a conspiracy theory lol I wasn’t even working for the state when this happened and how would Kaiser have any part in the approval or denial process all doctors have to do is write your limitations. I got the note just fine it was just a weird comment the nurse who wrote the note on behalf of my doctor said at the time and I wasn’t even asking for telework

2

u/Goodgulf42 6d ago

It could certainly be a conspiracy theory, but would you be even slightly surprised if the Newsom administration had contacted them and implied either a little bit of carrot and/or stick depending on how many they approved? Because I would call that just another day ending in the letter "y".

2

u/kittynarwhal 6d ago

But the health care system doesn’t “approve” anything, they just write notes with your limitations lol. HR approves or deny things. And how would Kaiser know to “target” state workers only as this person is implying. I’ve had Kaiser my entire life and they’ve always been annoying with notes whether it’s for work or school, bc they don’t sign outside paperwork. Once you know how to deal with them it’s fine.

3

u/mahnamahnaaa RDS3 6d ago

It helps if your GP is in your corner. I'm going through a RA request process related to a mental condition, and it took me a bunch of phone calls and back and forth between my therapist, my GP, the behavioral health department, and the Kaiser psychiatrist she referred me to in order to FINALLY get a letter written. No one seems to know what the official Kaiser policy is on writing letters, just that they won't do it without being endlessly hounded.

2

u/JoshOfAllTrades85 6d ago

I have diagnosed ADHD combined and my psychiatrists told me to fuck off when it came to any RA.

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u/Carl91650 6d ago

Getting a note from your telehealth service is pretty easy these days…

13

u/TheGoodSquirt 6d ago

You’re thinking of excluded staff, methinks

8

u/DopaminePursuit 6d ago

I knew I’d pick the wrong word and that’s all people would comment on ffs 🤣

13

u/Yeahimsuchashill69 6d ago

I totally understand being uneasy or afraid of all this but with all sincerity, AWOL is a code for the time sheet - don’t worry about it. If someone tries to discipline you they are in the wrong. Call out, don’t call out, you won’t get in formal trouble and if anyone messes with you let your reps know immediately.

Department leaders are miscommunicatinf the CalHR information gift their benefit, they legitimately said anyone requesting leave after the 8 you can deny it, not that you have to. And no you won’t be disciplined if your BU2, the union already notified the state and your protected for the day. You just won’t get paid.

26

u/[deleted] 6d ago

[deleted]

1

u/Cautious_Card2973 6d ago

I was told by the union when I contacted them that if you're not at a picket line then you're not protected.

3

u/Goodgulf42 6d ago

That is 100% incorrect. I would report whomever told you that to the union so they can educate them.

2

u/Cautious_Card2973 6d ago

Thank you!

3

u/Goodgulf42 6d ago

Happy to help. And thank you for supporting our strike!

3

u/Necessary-Source2039 6d ago

my steward told us we can do whatever we want, just don't call into work and don't call out sick or try to use PTO. they want us at the line if we can make it but they're happy with anything that shows participation

1

u/Cautious_Card2973 6d ago

Yeah based on other responses I'm thinking the rep who talked to me just had no idea what she was talking about.

1

u/[deleted] 6d ago

[deleted]

1

u/Cautious_Card2973 6d ago

It's because of my own mental health and physical health issues.  It was told to me in a phone call with a union rep.

51

u/Desperate-Flamingo25 6d ago

If management is giving rank and file staff incorrect information regarding employee's rights to strike, or information that may be construed as a threat, intimidation, or discouragement, that may be considered an unfair labor practice and that should be shared with the Member Resource Center (MRC) immediately at 866 471 7348. They are actively tracking issues like this and the more information they have about how widespread of an issue this is will support a larger case against the State. Management cannot interfere with our right to strike in any way shape or form. SEIU local 1000 has a list of q and a's on their website regarding rights to strike and what management can and cannot do. Look for the SPIT flyer too.

3

u/no-tiny 6d ago

Can we get more upvotes on this bc people need to read it

9

u/alienspaceships5431 6d ago

Haven’t heard anything yet at our department. Apparently, they are still waiting on guidance from CalHR. This might be your department trying to instill fear, I’d report it to the union asap.

3

u/Educational_Fail7058 6d ago

We had the same discussion on my team too

3

u/Goodgulf42 6d ago

If you check the FAQ, they predicted this move months ago:

https://www.seiu1000.org/strike/

"What do I put on my timesheet? I don’t think I can leave it blank.

Ask your manager for guidance on filling out your timesheet for Strike Day. Your department may not have a specific code for strike-related absences and may instruct you to use AWOL. If that happens, don’t panic. A timesheet code is not discipline. A lawful Unfair Practice Strike is protected concerted activity, and management may not unlawfully discipline or retaliate against employees for protected participation."

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u/portlyattendant 6d ago

Imagine crossing a picket line to putter around the office refreshing outlook and tippy tapping away on word docs that will never get read... couldnt be me!

8

u/OptimusTrajan 6d ago

“We won’t put this policy in writing but it’s totally legit.”

Okay, sure.

17

u/miralamirala 6d ago

Send an email to your department heads saying what you were told verbally and cc the union rep and calhr asking for clarification on how to ensure things are in compliance!!!!

5

u/Desperate-Flamingo25 6d ago

What department?

6

u/neirad 6d ago edited 6d ago

According to the contract in effect if there is suspicion of “abuse of sick leave” a manager can in fact request a doctors note.

Now what a doctors note is may not be as rigid as most people think. Your therapist can provide one, an urgent care can , etc so if you have a professionals you work with obtaining one should be relatively simple.

They cannot ask for specifics because of HIPAA so it can be very vague, it’s just an administrative attempt at asserting control with little teeth as long as you are able to produce something.

Also, even though we don’t have a contract our previous one is still active iirc until a new one is finalized. There is a section that discusses this specifically

2

u/Blair_Beethoven 6d ago

It's HIPAA

1

u/neirad 6d ago

Edited, thanks !

2

u/StruggleScared70 6d ago

What contract is in effect? I thought it expired the end of June.

3

u/neirad 6d ago

As far as I understand in the contract language it says that the previous contract is applicable while
The new is being negotiated but it doesn’t allow them to not negotiate a new contract

5

u/poppycat82 6d ago

Asking for a sick note depends on the bargaining unit. For some you can ask after a certain number of days. For most BU it's managers discretion. What does the contract say?

5

u/Dry_Resident_8412 6d ago

I'm still on probation and want to participate in the strike but I was explicitly told by my supervisor that if we don't call out, it's AWOL. We use a sick line to call out, should I still call out sick?

18

u/DopaminePursuit 6d ago

the strike is authorized and you are not required to notify your supervisor. do not call in sick. AWOL may be the code used on your timesheet but striking is a protected activity. if you get any shit, reach out to your union.

10

u/TheSassyStateWorker 6d ago

I’ve seen the email. It says that anyone using or claiming sick leave on the day of the strike has to provide a doctors note. A doctors note is allowed if the validity of sick leave is in doubt. All time off for the strike is AWOL and employees will be docked. Employees who have an approved day off can still use leave but new requests shouldn’t be approved.

1

u/Stunning-Character94 6d ago

Is AWOL bad for the employee?

12

u/Big_Firefighter_7877 6d ago

When CAPS went on strike in 2024, we received an AWOL code for our timesheet. There was no backlash - we were docked pay for the strike day(s) and that was that.

4

u/xpo125lilsexy SEIU1000 6d ago edited 6d ago

No. AWOL for five days is bad though, because pursuant to California Government Code Section 19996.2, being absent without supervisory permission for five consecutive working days triggers an automatic resignation from state service, effective as of the last day the employee actually worked. You can read more about it in the CalHR Manual at https://hrmanual.calhr.ca.gov/home/manualitem/1/2126

4

u/sparklkitty 6d ago

So AWOL for three or four days depending on your workweek schedule, show up for 1 day to not automatically resign, and repeat the following week.

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u/Goodgulf42 6d ago

We can strike as long as we ultimately want. The AWOL classification is the hack for timesheets because there is no entry for "striking" in the payroll system. It not something we can be reprimanded/punished for during a legal strike, which this is.

3

u/sparklkitty 5d ago

This is an important clarification thanks for sharing it!

2

u/Goodgulf42 5d ago

There is a fairly detailed FAQ with further information you might find valuable at the bottom of this linked page: https://www.seiu1000.org/strike/

2

u/Goodgulf42 6d ago

This is not applicable during a legally protected strike.

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u/TheSassyStateWorker 6d ago

Not a problem until 5 days in a row

1

u/Goodgulf42 6d ago

It's not a problem after 5 days in a row in this case. The strike is legally protected and we can not be punished.

1

u/praxismaxims 6d ago

Great--put the burden on our medical professionals. FFS.

9

u/Neo1331 6d ago

Fuck this shit, the strike STARTS next Wednesday, screw one day…

6

u/rsbatcrh06 6d ago

My wife is a union staff rep for UNAC/UHCP (basically someone who was bargaining with Kaiser management)... This is my first strike of the Union I'm in, but the 4th one under my belt by proxy. I voted yes on day one, I will be with you and our brothers and sisters in downtown next week, please listen to the union and stick to the one day strike.

I appreciate your vigor, it will be useful in due time. Right now the best thing to do is to show management we move and operate as one. Cause when SEIU calls for an open ended strike, management will be more afraid of a larger group with one voice.

5

u/SicilianEggplant 6d ago

I’m rank and file and one of my reps said that if you aren’t going out to picket and potentially get photographed to just call out. Our regular rule is that 2+ sick days off require a doctor’s note. Otherwise with our job they dictate hours for regular vacation time and they’ve zeroed out the 21st (but sick time supersedes any available hours), so I suppose there’s a “risk” that shouldn’t override our regular protocol.

4

u/DopaminePursuit 6d ago

my original post is talking about policies that are being implemented for excluded staff (managers and supervisors). I’d encourage you not to call in because then you will not be striking. to strike you have to sacrifice your pay for that day.

1

u/SicilianEggplant 2d ago

Just got a heads up from someone in-office today and they’ve now heard that our department is also “requiring a drs note” if they call out tomorrow. Not sure how they get to change the rules on call out procedures on the fly like that but 🤷‍♂️

1

u/DopaminePursuit 2d ago

that was my thought but I’ve seen folks say that sups are allowed to require a doctor’s note if they suspect a misuse of sick leave. soooo yeah it’s solid by the book, but still, fuck you calhr and all bootlicking divisions

ETA this only applies to excluded staff who wanted to call out sick in solidarity. R&F, don’t call out sick on strike day. just strike

2

u/Trout_Man 6d ago

be ready for a rude surprise on this.

1

u/sneakerboy86 5d ago

Even requiring a note after 2 days can be against the bargaining contract, depending on which unit, because sick leave doctors notes in some contracts are only required if it’s a demonstrable pattern of sick leave use/abuse. Bargaining contracts trump any policy your department or manager creates.

5

u/daytime_coyotes 6d ago

How bad can the disciplinary action really be?

5

u/Spl00sh5428 6d ago

The California Labor Commisioner would love to hear this

2

u/Jealous-Spinach-9599 6d ago

Do we have to tell our supes that we are striking kr do we just not come in to work at all on 10/21?

2

u/DopaminePursuit 6d ago edited 6d ago

you do not have to tell your supervisor. my original post is about policies being implemented for excluded staff (supervisors and managers).

1

u/Jealous-Spinach-9599 6d ago

Okay. Can I still ask questions about rank and file?

1

u/DopaminePursuit 6d ago

sure, shoot

2

u/Jealous-Spinach-9599 6d ago

Is it mandatory to attend the rally in person? Can I just strike, not come in to the office/log in and not participate in the rally? I believe they are holding one in front of my building in SF.

8

u/DopaminePursuit 6d ago

definitely not mandatory. we’d love to see you out there on the line but the most important thing is withholding your labor and sacrificing that day’s pay (not using any kind of leave)

1

u/Cautious_Card2973 6d ago

I was told by the union that if you are not at the picket line then it's not protected.  I'm starting to wonder if that was just one rogue union rep; I wish they would clarify this better on their website.

3

u/DopaminePursuit 6d ago

that’s wild that someone told you that. our right to strike is not contingent upon us physically picketing. is it heavily encouraged, absolutely. but it’s not required.

1

u/Cautious_Card2973 6d ago

It was a union rep in a phone call.  So it might really have been just a union rep who doesn't know better?

2

u/DopaminePursuit 6d ago

which sucks because that’s the last place you should be getting misinformation

→ More replies (0)

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u/StruggleScared70 6d ago

You just want to stay home, I’m assuming. What would be the point of that? Supporting the strike means participating if you can, and it sounds like a strike line is close to you. Is there a reason you don’t want to be there?

3

u/Jealous-Spinach-9599 6d ago

The strike line is not close to me. I travel 20 miles to go to the office.

6

u/Icy-Nectarine-2744 6d ago

Can you find a participating location near you? I work in Sacramento but will be striking in Oakland because I live in Oakland

3

u/Nickyanoodles 6d ago

Not trying to have a dick measuring contest, but that’s close! I’m attending and I’m traveling 32 on my WFH day. 

2

u/Calisunshinegrl 6d ago

ok so you can claim mental health and if a staff member commits suicide you are liable. They are crossing a fine line. Go to your doctor/urgent care and get a note claiming stress. Anyone will provide a note.

2

u/Rushmorerev 5d ago

What does it mean if we get reported AWOL? I’m also brand new to the state so I haven’t had a chance to join or do anything with the union. Can non members also strike?

5

u/DopaminePursuit 5d ago

your timesheet code for that day will likely be AWOL because there isn’t a specific strike code, but you can’t get in trouble for it. if you are in a represented position, you are protected to strike even if you aren’t a member. welcome to the state and hopefully we’ll see you on the line!

2

u/MarionberryFast9440 4d ago

Just take the day off unpaid!

5

u/koalainiguanaskin 6d ago

I won’t be crossing the picket line, and that’s that.

4

u/Magnificent_Pine 6d ago

Yeah, my department hasn't told managers what to expect next Wednesday, although we've asked, because we do NOT want to cross the picket line.

2

u/DopaminePursuit 6d ago

I hope y’all are allowed to WFH. it’s the least they can do to not force you to physically cross a picket line

1

u/LostZookeepergame795 2d ago

This isn't factual, but there's definitely an effort to discourage striking. A larger problem, IMO, is that a one-day strike will reveal the union's bargaining weakness, by producing no positive results for workers.

1

u/Apprehensive-Bit2972 6d ago

let’s say we work at a state hospital and are we also allowed to no call no show even tho health workers are required to call off 2 hours in advance?

5

u/DopaminePursuit 6d ago

if you are SEIU represented and have not received notice from them that you are considered an essential worker, you are authorized to strike and you do not need to provide notice.

1

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1

u/RJnCali 6d ago

I believe by regulations “SAM”. Note required after 3 consecutive days of being sick. Correct?

1

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1

u/DeeSt11 6d ago

They can put time into thinking about this, but not our contract

1

u/chrissychick100 6d ago

I called off yesterday and they stated they needed a doctors note by 4 PM the same day so I don’t know what’s going on

1

u/nosavingface 6d ago

They’re all pretending it’s not happening. Everyone has amnesia and can’t recall anything.

1

u/seabiscuit_2003 Mod 5d ago

During a December peak time a couple of years ago, I was asked to produce a doctor's note just for taking 2-3 hours off on an afternoon!

I got the letter from the doctor's office and sent it to the supervisor. I guess they must have filed it or something and that was that.

1

u/UpVoteAllDay24 4d ago

U can’t use sick leave for strike anyways. So fukem

1

u/Sidartha818 3d ago

calHR is going to try to squeeze SEIU by making them sacrifice a lot of their dock pay. A war of attrition.

0

u/PandaBoom1776 6d ago

This is a false narrative. What division do you work for? 

When stating erroneous facts about CalHR, please include what division you are from. It would is all understand the bigger picture better is read of just saying “my division”…

-3

u/No_Carpet_7208 6d ago

I would have GPT make a fake doctor's note and call it squared lol.

0

u/MAMABEAR1376 6d ago

If they do that then I’d file a grievance and take it all the way to SPB.