Exceptions to be Clarified by CalHR Policy by March 13, 2025
On March 3, 2025, Governor Gavin Newsom issued an Executive Order (EO) requiring, with some exceptions, that State employees report to in person work four (4) days per week effective July 1, 2025. The EO also directs CalHR to issue policy clarifying the exceptions to the in-person rule no later than March 13, 2025. The additional in-person days are an expansion upon the order issued in April 2024, which required two (2) in person days per work week.
The stated reasons for the modification are the following: (1) to further enhance collaboration, cohesion, efficiency and accountability; (2) to address the non-alignment of supervisors’ and subordinates’ in person days; and (3) to address disparities between departments on expectations as to in-person days.
The order grants departments the authority to determine whether to permit more than one (1) telework day or to permit telework where employees do not reside near their duty stations or were hired with the mutual understanding that the position would be full telework.
Based on the nature of the work performed by a majority of classifications in Bargaining Unit 7, the order will not have an impact upon employees within them as they are either required to work primarily in the field, i.e. Park Rangers and Fish and Wildlife Wardens and CHP Motor Carrier Specialists, or the employees are required to report daily to their work site, i.e. CHP Dispatchers and DSH Hospital Police Officers. The impact of the change will primarily effect those who have been able to perform their duties either from home of their work site.
In a decision rendered in late April of last year, an arbitrator determined that CalPERS did not violate the Bargaining Unit 2 contract when it directed its employees to work in-office three (3) days per week as the stated negative impact to the organization’s culture was a sufficient operational basis to support the change. This decision pre-dated the administration’s implementation of a broader Statewide mandate for return to office work.
CalHR is obligated to meet and confer with CSLEA regarding the impact of the proposed change. CSLEA will seek clarification of the exception criteria to be issued as well as concerns raised from employees in Unit 7. One question that has already arisen is the impact on the 4-day rule for employees who work alternative work schedules such as a 4/10 or 9/8/80 schedule. CSLEA will also seek confirmation that field work performed by investigative employees will continue to constitute in-person work.
For employees seeking exceptions to the order, CSLEA advises to wait for the issuance of the CalHR policy which clarifies the exceptions and to then work with their chain of command at informal resolution. To the extent that an employee is unable to reach a mutually agreeable resolution on the exception request, please contact CSLEA and the request will be analyzed and a determination made whether further advocacy through the department’s labor relations office and/or CalHR is merited.
A copy of the Executive Order may be found at this link: www.gov.ca.gov/wp-content/uploads/2025/03/RTO-EO-3.3.25_-GGN-signed.pdf
