i. Pay Periods
ii. Timekeeping (Submission of time sheet and supervisor approval)
iii. Salaried Employees (Exempt)
iv. Hourly and Student Employees (Non-Exempt)
v. Meal and Rest Periods
vi. Overtime
vii. Employee Benefits
viii. Vacation
ix. Carryover of Accrued Vacation Benefits
x. Holidays
xi. Sick Leave
xii. Leaves of Absence
xii. Jury Duty
xii. Bereavement Leave

i. Pay Periods

All SDSU Research Foundation employees are paid twice a month, usually on the tenth and twenty-fifth of each month. Work performed on or between the first and the fifteenth of the month is paid on the twenty-fifth. Work performed on or between the 16th and the last day of the month is paid on the tenth day of the following month. If the pay day falls on a non-workday (such as a weekend or a paid holiday), pay day is on Friday or the day before the holiday. One exception is when the twenty-fifth falls on a Saturday, employees will be paid on the preceding workday and when the twenty-fifth falls on a Sunday, employees will be paid on Monday the twenty-sixth.

Employees may view their pay stub information by logging into SDSU Research Foundation’s web-based employee information center, Employee Dashboard, at: http://sdf-bannerss-prod.rfcloud.sdsurf.org:8443/EmployeeSelfService/ssb/hrDashboard#/hrDashboard. Deductions are taken automatically from earnings for federal and state tax withholding, state disability insurance and social security (FICA). Optional deductions may also include such items as parking and voluntary retirement contributions. SDSU Research Foundation prefers all employees receive their pay by direct deposit. Employees who do not elect direct deposit will have the option to have the paper check mailed directly to the employee’s address.

ii. Timekeeping (Submission of time sheet and supervisor approval)

It is the responsibility of each employee to submit their time sheet to their supervisor in Workforce time keeping system on the required due date. Time sheets must be submitted on the 15th and last day of the month for respective pay dates on the 25th of the month and 10th day of the subsequent month. The supervisor is required to approve the time sheet on the 1st day of the month for pay dates on the 10th of the month and on the 16th of the month for pay dates on the 25th. If the 1st or 16th is not a business day, the time sheets need to be approved on the next business day.

iii. Salaried Employees (Exempt)

Salaried exempt employees report those hours which are "exceptions" to their regular schedules (i.e., vacation, holiday, sick leave, jury duty etc.) Salaried exempt employees may record exceptions in four (4) hour increments, but no less, unless they are on an approved leave of absence then they may record exceptions in less than four (4) hour increments. All exempt employees are required to submit their time sheet to their supervisor for approval. Failure to comply with the submission process may result in disciplinary action up to and/or including termination of employment.

The federal Fair Labor Standards Act (FLSA) allows employers to take partial-day deductions from and employee’s leave bank – including paid time off (PTO), sick leave or vacation leave - even if the deduction results in a negative leave balance, without affecting that employee’s exempt status. Historically, California law allowed for deductions or partial-day absences from an exempt employee’s sick leave without affecting the employee’s exempt status. However, because vacation leave is considered wages in California, and under California and federal law partial-day deductions from an exempt employee’s salary are not allowed, there was confusion over whether making partial-day deductions from a California employee’s vacation leave could affect an employee’s exempt status. Various California Division of Labor Standards Enforcement (DLSE) opinion letters and a 2005 court decision created uncertainty about this issue for employers.

In 2009 the California DLSE issued an opinion letter that provided guidance and more clarity for California employers. The letter states that although an employer may not deduct partial-day absences from an exempt employee’s salary, the employer may deduct absences due to vacation or sickness of less than a full day under a bona fide plan (PTO, vacation, etc.) that provides for such types of leave without an employee losing his or her exempt status. If an exempt employee’s vacation, PTO or sick leave balances do not cover a partial-day absence, the employee must still be paid his or her full-day salary.

In 2014 the California Court of Appeal in Rhea v. General Atomics confirmed for employers that deductions from paid time off plans are permitted in any increment as described in the 2009 opinion letter.

iv. Hourly and Student Employees

Hourly and student employees are classified as non-exempt employees and record all hours worked on their timesheets in Workforce time keeping system. All time sheets must be submitted by the employee on the scheduled due date to their supervisor for approval. Failure to comply with the submission process may result in disciplinary actions up to and/or including termination of employment.

v. Meal and Rest Periods

Meal Periods: All non-exempt employees must be provided at least a 30-minute unpaid and uninterrupted meal break period when they work five hours or more. Employees who work in excess of ten hours in a workday are eligible to receive a second unpaid and uninterrupted 30-minute meal break period. A meal break period should be arranged to provide adequate office coverage. There may be variations in this schedule depending on the departmental or project needs as determined by each employee’s supervisor.

An employee may waive their meal break period under certain conditions. If an employee is regularly scheduled to work six hours or less a day, the required meal break period on or before the fifth hour of work can be waived by mutual consent of the employee and supervisor. The second meal break may be waived by mutual consent if the employee does not exceed a twelve-hour workday. A meal period waiver form ( www.foundation.sdsu.edu/pdf/payroll_meal_waiver.pdf ) must be completed and returned to payroll before the meal break period can be waived.

Rest Periods: All non-exempt California employees are entitled to take one ten-minute rest period for every four hours worked (or major fraction) worked. Anything over half of the four hours (i.e., two hours) is a “major fraction” of the four-hour period and the non-exempt employee is entitled to a rest period. A rest period is not required for employees whose total daily work time is less than three and one-half hours. Rest periods are paid time worked by SDSU Research Foundation employees. The rest period should be taken during the middle of each work period as the workday permits. Rest periods cannot be taken during the first or last half hour of the workday and may not be accumulated to be taken at a meal break period or a later time.

Penalty for Failure to Provide a Meal Period or Rest Period
Employees certify to the accuracy of their meal break and rest periods upon submission of their time sheet. If a supervisor fails to provide a non-exempt employee a meal break period, the employee will be paid one additional hour of pay at their regular rate of pay for each missed meal break period. Employees should record the penalty hour under “Pen Pay PLP” on their time report in Workforce. Any hours recorded do not count toward overtime for the day or the work week. Supervisors are responsible to approve the meal break penalty pay on the employee’s time sheet. If the supervisor or employee fails to properly assign the meal break penalty pay for violations, payroll will assign the penalty pay to maintain compliance with labor laws.

If a supervisor fails to provide an employee a rest period, the employee shall be paid one additional hour of pay at the employee’s regular rate of pay for each workday that the rest period is not provided. If a supervisor does not provide the rest periods required in a workday, the employee is only entitled to one additional hour of pay, not one additional hour of pay for each rest period that was not provided during the workday.

Because failure to take meal and/or rest periods is against SDSU Research Foundation policy, non-exempt employees who fail to take meal and/or rest periods may be subject to discipline, which may include termination.

vi. Overtime

Supervisors may require employees to work beyond normal hours. Although advance notice is given when feasible, this is not always possible. To determine whether an employee is non-exempt and thus eligible for overtime pay, speak with an HR business partner. For the purposes of determining overtime, SDSU Research Foundation’s workday and workweek usually begin at 12:01 a.m. on Sunday and end at 12:00 midnight the following Saturday. However, other workweeks may also be established in advance for a particular group of employees. Workweek schedules for any group of non-exempt employees will be formal and ongoing, not situational, or intermittent.

All non-exempt employees must have supervisory approval before working overtime. Because unauthorized overtime is against SDSU Research Foundation policy, non-exempt employees who work unauthorized overtime are subject to discipline, which may include termination.

Similarly, employees cannot waive or agree to forgo their overtime premium pay – either voluntarily or involuntarily. For that reason, the PI or supervisor has the responsibility to ensure that overtime hours for employees are correctly documented in the Workforce time and attendance program. Non-exempt employees will be paid one and one-half (1 ½) times their regular rate for all hours worked in excess of eight (8) hours in a workday, over forty (40) hours in a workweek, or for the first eight (8) hours on the seventh (7th) consecutive day of work in a workweek. Non-exempt employees will also be paid two (2) times their regular rate for all hours worked in excess of twelve (12) hours in a workday or in excess of eight (8) hours on the seventh (7th) consecutive day of work in a workweek.

Exempt employees are generally those in executive and some administrative, scientific, professional or supervisory positions. These employees do not receive pay or compensating time off for any time worked in excess of eight (8) hours in a day or forty (40) hours in a week.

For purposes of determining which hours constitute overtime, only actual hours worked in a given workday or workweek will be counted. Vacation, sick or holiday time are not counted as “hours worked.” Employees who participate in an alternative workweek schedule (such as a ten-hour day, four-day workweek, or a “9/80” schedule) may have different workweeks and will have different overtime rules. If an employee on an alternative workweek schedule works more than the scheduled work hours in a day, the employee is entitled to be paid time-and-a-half for the excess hours worked up to 12 hours, and for any time worked in excess of 40 hours a week. For instance, those participating in a 4/10 receive overtime pay after ten (10) hours are worked in a workday or forty (40) hours in one workweek.

Exempt employees are generally those in executive and some administrative, scientific, professional, or supervisory positions. These employees do not receive pay or compensating time off for any time worked in excess of eight (8) hours in a day or forty (40) hours in a week.

Time worked on a holiday is paid at straight time up to eight (8) hours in the day unless the employee has already worked forty (40) hours that week. Since work on a holiday is not overtime pay, both non-exempt and exempt employees may earn holiday credit for working on a SDSU Research Foundation-designated holiday.

vii. Employee Benefits

SDSU Research Foundation employees may be eligible to receive benefits as outlined below. Further information about each of these benefits is available from human resources or at: http://www.foundation.sdsu.edu/hr_benefits.html..

Regular employees (RM, RE, RN) excluding Joint Doctoral (SN) and Postdoctoral employees (SE) are eligible for health benefits (including vision), dental, group life insurance, supplemental life insurance, flexible spending accounts for health care and dependent care, long term disability, retirement, unemployment compensation, FICA/OASDI (social security), workers' compensation, state disability, paid family leave, vacation, sick leave, paid holidays, direct deposit, employee assistance program (EAP) and voluntary retirement contributions , and voluntary critical illness, accident, and hospital indemnity coverage.

Employees in the Joint Doctoral (SN) and Postdoctoral (SE) classifications are eligible for health benefits including vision, dental, flexible spending accounts for health care and dependent care, unemployment compensation, FICA/OASDI, (social security), workers’ compensation and state disability, paid family leave, direct deposit, employee assistance program (EAP) and voluntary retirement contributions, and voluntary critical illness, accident, and hospital indemnity coverage.

Hourly employees in the Temporary Casual (TC) classification are eligible for retirement, unemployment compensation, FICA/OASDI (social security), workers' compensation, state disability, paid family leave, sick leave, direct deposit, EAP, and voluntary retirement contributions.

Student employees in the Temporary Student (TS) classification are eligible for unemployment compensation, workers' compensation, state disability, sick leave, direct deposit, and voluntary retirement contributions.

viii. Vacation

Vacation Rates and Limits of Accruals: Vacation benefits for eligible project employees are awarded at various rates. The rate depends upon the length of service as shown on the following chart.

If a salaried employee is employed on less than a full-time (100% FTE) basis, the applicable vacation accrual rate will be prorated based on actual percent of effort.

ix. Carryover of Accrued Vacation Benefits

Eligible project employees are permitted to carry over accrued vacation benefits from one year to another to the maximum limit allowed for their category as described in the following chart. Eligible Project employees do not continue to earn vacation when they reach the capped limit. For project employees who reach the capped limit, once vacation is taken, vacation hours will accrue again and will continue to accrue until the cap is again reached.

Normally, a break in service requires an employee to begin accruing vacation as a new employee and at the lowest rate of accrual unless a project employee returns with less than a one-year break of service. Such employees may continue to accrue vacation as if there was no break in service.

1. Distribution of Vacation Benefits
   
   Eligible project employees accrue vacation from the first day they are hired into an employee classification that offers vacation. Employees may not use vacation prior to accruing it even with supervisory approval.
   
   If an eligible project employee terminates employment, is transferred to an ineligible employee classification, is transferred to another project, or has a break in service as those caused by funding delays, unused vacation will be paid out.
   
   Terminating employees who are eligible for vacation pay-out are paid at their current rate of pay for all unused vacation from SDSU Research Foundation’s vacation pool.


2. Scheduling and Recording Time Off
   
   Accrued vacation as well as any accrued personal holiday time is taken at the mutual convenience of the employee and the project or SDSU Research Foundation. From time to time, SDSU Research Foundation may require employees to take time off and to use accrued but unused vacation time due to scheduling needs and/or budgetary considerations. SDSU Research Foundation will try to give employees as much advance notice as is practical when they are required to take time off and use their vacation. All vacation and accrued personal holiday time must be requested at least 24 hours in advance by the employee and approved by the supervisor. Non-exempt employees may use vacation and personal holiday hours in any increments. Exempt employees may use vacation and personal holiday hours in 4-hour increments but not less. An exempt time report received in payroll with less will be processed as if no time off has been taken. Any employee who uses vacation or personal holiday time without approval by their supervisor is subject to discipline up to and including termination of employment. Exempt employees taking full workdays off should record vacation, personal holiday time and sick taken in daily increments.


3. Transfers from the University
   
   Employees earning vacation whose position moves from the university to SDSU Research Foundation in the same project and where the employee continues to perform the same duties without a break in service will earn vacation at the same rate at SDSU Research Foundation as would have been accrued at the university, although SDSU Research Foundation’s caps for similar service would apply. Vacation hours from the university cannot be transferred to SDSU Research Foundation. Employees moving from the university to a different job on a project at SDSU Research Foundation will earn vacation at the same rate as a new employee without credit for university service.


4. Policy Exceptions
   
   Employees or project director must request exceptions in writing to the CHRO. No exceptions can be made in the capped amount or in the amount of vacation an employee is eligible to accrue.

x. Holidays

Generally, SDSU Research Foundation attempts to follow a calendar of holidays similar to the one established by San Diego State University. The university observes some holidays on their recognized calendar dates and observes other holidays on a different date, such as the day after Thanksgiving and days off during winter break. SDSU Research Foundation’s calendar of holidays therefore necessitates that employees work on some traditional holidays but allows employees to be off work on non-traditional dates. There are fourteen holidays a year recognized by SDSU Research Foundation. SDSU Research Foundation Human Resources publishes the schedule of holidays on the website.

If a holiday is assigned by SDSU Research Foundation to be observed (taken off) on a date that is different from the date traditionally recognized, no holiday time or pay accrues on the holiday date that is traditionally recognized. Holiday time or pay only accrues on the date that the holiday is actually observed by SDSU Research Foundation.

Holiday pay is based on the eligible employee's percentage of time. Full-time employees who are regularly scheduled to work forty (40) hours per week receive eight (8) hours. Employees working less than full-time, holiday pay will be pro-rated based on the number of hours worked. For an eligible part-time employee to receive holiday pay or credit, the holiday must fall on one of the employee's regularly scheduled workdays.

If a holiday is observed on a scheduled workday during an employee’s vacation or sick leave, the employee will be paid holiday pay. The time off will not be charged to sick leave or vacation time. Employees who are absent from work due to an unpaid leave of absence on a day that a holiday is observed by SDSU Research Foundation will not, in most circumstances, be eligible to receive holiday pay or credit.

In addition to the fourteen holidays that SDSU Research Foundation observes, eligible employees are also awarded one (1) personal holiday each calendar year to take for any personal reason. Personal holidays are automatically added to each eligible employee’s personal holiday accrual each January (on the January 25th payroll).

Personal Holiday Accrual Banks: If an employee works on an SDSU Research Foundation holiday, the employee will receive the holiday time that would have been paid placed in the employee’s personal holiday accrual bank. Holidays that have been “banked” may be used only with the prior approval of the employee’s supervisor. Holiday time may not exceed eight (8) hours in a day.

Accrued but unused personal holidays and banked holidays will be paid at an employee’s termination. However, employees terminating employment may not elect to “run out” their time during their notice period.

xi. Sick Leave

Full-time Employees
Sick leave for eligible full-time employees is credited at the rate of eight hours per calendar month. All accumulated sick leave may be carried from one year to the next.

Part-time, Student, Temporary, Seasonal Employees
All part-time, student, temporary, and seasonal employees who work in California for 30 or more days within a year from the beginning of employment are entitled to paid sick leave.

Paid sick leave accrues at the rate of not less than one hour per every 30 hours worked, paid at the employee’s regular wage rate. Accrual shall begin on the first day of employment.

Accrued paid sick leave shall carry over to the following year of employment and may be capped at 96 hours.

Administration
SDSU Research Foundation shall provide paid sick days upon the oral or written request of an employee for themselves or a family member for the diagnosis, care or treatment of an existing health condition or preventive care, or specified purposes for an employee who is a victim of domestic violence, sexual assault, or stalking.

Retaliation or discrimination against an employee who requests paid sick days or uses paid sick days or both is prohibited. An employee can file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee.

xii. Leaves of Absence

It is SDSU Research Foundation's policy to grant leaves of absence to all eligible employees on a non-discriminatory basis according to applicable state and federal law. Under some circumstances, employees may take leave intermittently by taking leave in blocks of time, or by reducing their normal weekly or daily work schedule. It is up to each employee to make a reasonable effort to avoid disruption during working hours. The employee will make their request for all leaves of absence through Workforce Time Keeping System. The CHRO or designee makes all final decisions.

All leaves are unpaid by SDSU Research Foundation, except to the extent an employee elects to use any available sick leave, vacation time, and/or personal holiday time. Paid time off will typically supplement any payments received by Workers’ Compensation, State Disability or Paid Family Leave. The combined payments will approximate full wages normally received until the exhaustion of the accrual balances or the normal end of the employee’s appointment. Employees are responsible for applying for any applicable state or other disability income benefits. An online claim application for California State Disability Insurance and Paid Family Leave benefits is available through the Employment Development Department’s website at www.edd.ca.gov.

Employees who wish to take a leave of absence should apply for leave using the Workforce Time Off/Leave Request System as soon as they learn of the need for leave (if foreseeable, 30 days in advance), even when they do not know the precise dates that the leave will be needed.

Types of leaves of absence may include, but are not limited to:

• Family and Medical Leave (FMLA)
• California Family Rights Act (CFRA) *
• Pregnancy Disability Leave (PDL)
• Organ and Bone Marrow Donation Leave
• Military Service Leave
• Military Spouse/Domestic Partner Leave
• Military Caregiver Leave/Covered Service Member Leave
• Qualifying Exigency Leave (may be part of FMLA)
• Domestic Violence Recovery or Prevention
• Witness and Crime Victim Leave
• Other Leaves as Required by Law

Unless otherwise stated, all benefits in which the employee is enrolled will continue while the employee is on any paid leave. If the leave is unpaid or not a legally mandated leave, most benefits will end on the last day of the month in which the employee was in a paid status. The employee will be provided with any applicable COBRA notices and will be able to continue certain coverages on their own through the election of COBRA or Cal-COBRA, or conversion, if applicable.

While on a legally mandated leave, under most circumstances, an employee will be reinstated to their original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an employee has no greater right to reinstatement than if they had been continuously employed rather than on leave. For example, if an employee would have been laid off had they not gone on leave, or if the employee’s job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement. In addition, an employee’s use of leave will not result in the loss of any employment benefit that the employee earned before taking a leave.

Note: Misrepresentations made to obtain or continue any leave of absence is grounds for immediate termination.

xiii. Jury Duty

Employees called to jury duty, may be eligible for paid jury duty benefits. The SDSU Research Foundation will continue to pay employees at their regular rate of pay for the time spent on jury duty. Temporary casual employees are not eligible for paid jury duty benefits.

Eligible employees may serve and be paid for a maximum of 10-days at one time. Any time served by the employee beyond this limit is without pay. Due to funding restrictions, Project employees may be prohibited from being paid for jury duty. Project employees should check with their supervisor to determine if payment for jury duty is an eligible expense.

A Project employee not eligible for paid jury duty may contact SDSU Research Foundation Human Resources in the event they are summoned to jury service, to request a letter that provides information regarding their employment and the policy, which may be provided to the court.

It is the employee's responsibility to report for work if released by the court before 12-noon. Failure to do so will result in unpaid leave or the use of accrued vacation hours.

Evidence of jury duty attendance must be presented to SDSU Research Foundation's Payroll Office by attaching the Court's record to the corresponding time report.

Employees may retain any reimbursement issued by the Court for jury duty.

xiv. Bereavement Leave

SDSU Research Foundation offers paid bereavement leave to most full-time and part-time employees after the loss of an immediate family member or member of their household. An employee may be granted up to 5-days of paid bereavement leave per event to be taken within a 12-month period to handle matters related to death and grieving. If an employee is part time, bereavement leave will be based upon the employee’s schedule.

Immediate family is defined as the employee’s:

• Spouse or Domestic Partner (DP),
• Parents (including step-parents, foster parents, parents-in-law and DP’s parents),
• Grandparents, Grandchildren,
• Siblings,
• Aunts/Uncles,
• Children (including step-children, adopted children, foster children, DP’s children and children for whom the employee has parent responsibilities), and
• A relative or friend who resides with the employee.

Temporary casual employees and student employees may be eligible for up to 5 days unpaid bereavement leave if they have been employed for at least 30 days prior to the beginning of the leave and may elect to use any accrued sick time.

If additional time is needed beyond 5 days, the employee may request from their supervisor to use accrued vacation, sick time, personal holiday time, or to request an unpaid leave of absence.

Employees are required to notify their supervisor of the need for bereavement leave and may be asked to provide documentation to SDSU Research Foundation Human Resources.

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