Report I2020-1 Recommendation 28 Responses

Report I2020-1: Investigation of Improper Activities by State Agencies and Employees: Waste of State Funds, Misuse of Bereavement Leave, Misuse of State Resources, Dishonesty, and Supervisory Neglect of Duty (Release Date: April 2020)

Case Number I2018-0428

Recommendation #28 To: Human Resources, California Department of

To ensure that represented employees properly claim bereavement leave, CalHR should work with labor unions to change the bargaining agreements' provision to require represented employees to submit substantiation for each claim of bereavement leave as state law requires for unrepresented employees. In addition, the Legislature should require any represented employees who use bereavement leave to submit substantiation for each leave request.

Agency Response From January 2021

In January 2021, CalHR issued an updated policy about bereavement leave that requires substantiation be provided for excluded employees and provides examples of satisfactory substantiation. For represented employees, departments are required to follow memorandums of understanding (MOU); however, the policy provides, "If the MOU allows departments to request substantiation, CalHR recommends that the same or similar process for excluded employees is followed... at a minimum, departments should identify the category of eligible relationship for which leave is granted." As the policy has been officially implemented, we have deemed this recommendation as resolved.

California State Auditor's Assessment of Status: Resolved

Agency Response From November 2020

CalHR reported that it plans to advise departments how to better manage the issue of substantiation through its revised policy being prepared for Recommendation 27. It believes that this policy will help provide CalHR with data about substantiation that can be addressed through collective bargaining.

California State Auditor's Assessment of Status: Partially Implemented

Agency Response From July 2020

CalHR stated that it plans to work with employer representative organizations to review the labor agreements that are inconsistent with the statute.

California State Auditor's Assessment of Status: Pending

Agency Response From January 2020

CalHR stated that upon publication of our report, it will begin to address with the appropriate labor representatives the issues we raised.

California State Auditor's Assessment of Status: Pending

All Recommendations in I2020-1