California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 26 - Employee Benefits - Excluded Employees › Section 599.937.3 - Extended Personal Leave - Excluded Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding the time limits described
					 in section 599.937 of these regulations, upon
					 the determination of the Department, the Department may implement a Personal
					 Leave program. The Department shall determine the duration of each Personal
					 Leave program.
(b) The definition
					 of excluded employee as described in subsections
					 599.937(a)(1) and
					 (a)(2) of these regulations shall be the same
					 for each Personal Leave program.
(c) Each full-time employee identified by the
					 Department as eligible shall be required to participate in the Personal Leave
					 program. Each full-time employee shall be credited with eight (8) hours of
					 personal leave on the first day of the following monthly pay period for each
					 month in a Personal Leave program. Participation in a Personal Leave program
					 shall not affect an employee's salary range of rate; however, each full-time
					 employee shall continue to work his/her assigned work schedule and the employee
					 shall have a reduction in pay, approximately 5 percent (varies due to rounding
					 purposes), for each pay period the employee is in a Personal Leave
					 program.
(d) At the discretion of
					 the appointing authority, with approval from the Department, all or a portion
					 of unused personal leave credits may be cashed out at the employee's salary
					 rate in effect when such payment is made. This may occur during or after the
					 conclusion of a Personal Leave program, or upon termination from state
					 employment. The application of this cash out provision may differ from agency
					 to agency and from employee to employee. Upon termination, the employee shall
					 be paid for unused personal leave credits in the same manner as vacation or
					 annual leave. Cash out or lump sum payment for any personal leave credits shall
					 not be considered as "compensation" for purposes of retirement.
(e) The provisions described in subsections
					 599.937(c), (e), (f), (g), (h),
					 (k), and (
l
) shall apply to
					 excluded employees in a Personal Leave program.
(f) Part-time employees shall be subject to
					 the same conditions as stated above and will receive credit on a prorated basis
					 regardless of the number of hours in the pay period consistent with the chart
					 below:
Part-Time or Fractional
								  Chart
Time
								  Base
Personal Leave
								  Credits
1/10
1
1/8
1
1/5
2
1/4
2
3/10
3
3/8
3
2/5
4
1/2
4
3/5
5
5/8
5
7/10
6
3/4
6
4/5
7
7/8
7
9/10
8
(g) Intermittent or hourly paid employees
					 shall be subject to the same conditions as stated above and will receive credit
					 based upon the number of hours worked in the monthly pay period as stated in
					 the chart below.
Hours Worked During Pay
								  Period
Personal Leave
								  Credit
11-30.99
1
31-50.99
2
51-70.99
3
71-90.99
4
91-110.99
5
111-130.99
6
131-150.99
7
151 or over
8
(h) Employees shall remain in a Personal
					 Leave program until the Department terminates the program. Personal leave
					 credit for the salary reduction shall be granted to the employee on a
					 month-for-month basis on the date a Personal Leave program becomes applicable
					 to the employee.
1. New
						section filed 10-1-2003; operative 10-1-2003. Submitted to OAL for printing
						only (Register 2003, No. 46).
2. Change without regulatory effect
						amending section and NOTE filed 10-13-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 42).
Note: Authority cited: Sections
						  3539.5 and
						  19815.4(d),
						  Government Code. Reference: Section
						  3539.5,
						  Government Code.