California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 10.25 - Annual Leave Program › Section 599.752 - Annual Leave Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Pursuant to Government Code section
					 19858.3,
					 eligible employees may elect to enroll in the Annual Leave Program to receive
					 annual leave credit in lieu of sick leave and vacation benefits. Employees may
					 elect to enroll in the Sick/Vacation Leave Program or the Annual Leave Program
					 at any time except that once an employee voluntarily elects to enroll in either
					 the Annual Leave Program or Sick/Vacation Leave Program, the employee may not
					 elect to enroll in the other program until 24 months has elapsed from date of
					 enrollment.
Current employees who enroll in annual leave shall have
						accumulated vacation hours converted to annual leave credits on an hour for
						hour basis and begin accruing annual leave in accordance with the leave accrual
						schedule specified in subsection (d). Sick leave credits accumulated in
						accordance with section
						599.746 of these regulations shall
						continue to be available for approved sick leave purposes.
(b) Employees newly appointed to a class with
					 a designation that is excluded from the definition of state employee under
					 Government Code section
					 3513(c)
					 shall be eligible to enroll in the Annual Leave Program or the Sick/Vacation
					 program irrespective of the date the employee last elected to change from
					 either program.
(c) On the first
					 day following a qualifying monthly pay period, as defined in section
					 599.608 of these regulations,
					 employees identified in Government Code section
					 19858.3(a),
					 19858.3(b),
					 or
					 19858.3(c)
					 or subsection (a) above, as it applies to employees excluded from the
					 definition of state employee under Government Code section
					 3513(c),
					 and appointees of the Governor as designated by the Department and not subject
					 to section 599.752.1 of these regulations
					 shall be allowed credit for annual leave with pay as follows:
Length of
								  Service
Annual Leave
								  Allowance
1 month through 120 months (10 yrs.)
15 hours per month
121 months through 180 months (15
								  yrs.)
17 hours per month
181 months through 240 months (20
								  yrs.)
18 hours per month
241 months through 300 months (25
								  yrs.)
19 hours per month
301 months and over
20 hours per month
Other participating employees will accrue leave based on
						the schedule provided in Government Code section
						19858.4.
(d) The employee may accumulate
					 the unused portion of annual leave credit, provided that on January 1st of a
					 calendar year, the employee shall not have more than 80 annual leave days.
Except as provided for in section
						599.742.1 of these regulations,
						exceptions to carry over more than the prescribed maximum will be allowed only
						when the employee is prevented from taking annual leave because the employee is
						(1) required to work as a result of fire, flood or other emergency, or (2)
						absent on full salary for compensable injury. Such exceptions must be approved
						in advance by the Department.
When verification of prior state service requires
						revisions in annual leave credits, the employee's current accumulation shall be
						adjusted. Additional credit exceeding the maximum carry-over shall be used
						within one year following the qualifying monthly pay period in which
						credited.
(e) Annual leave
					 credits may be used for any approved absence. When annual leave is used for
					 sick leave purposes as defined under 599.745 and 599.745.1, the appointing
					 power may require the employee to submit substantiating evidence including, but
					 not limited to, a physician's certificate. If the appointing power does not
					 consider the evidence adequate, the request for the use of annual leave for
					 sick leave may be disapproved. Denials of use of annual leave for sick leave
					 may be appealed to the appointing power. Use of annual leave shall be in
					 30-minute increments for approved absences.
(f) In the event the appointing power does
					 not approve annual leave for an employee sufficient to reduce accumulated
					 annual leave to the amount permitted by this section as of January 1, the
					 employee may take, as a matter of right, immediately preceding January 1, the
					 number of days of accumulated annual leave required to reduce such accumulation
					 to the amount permitted by this regulation.
(g) Except as herein provided, vacation
					 sections 599.738 through
					 599.741 of these regulations
					 governing separation from state service without fault; credit for part-time and
					 intermittent employment; credit for employees returning to state service after
					 absence by temporary or permanent separation; computing state service for
					 full-time, part-time, intermittent and employees holding multiple positions;
					 and transfers of accumulated credit shall apply to annual leave.
1. New
						section filed by the Department of Personnel Administration with the Secretary
						of State on 12-30-86; effective upon filing. Submitted to OAL for printing only
						pursuant to Government Code section
						11343.8
						(Register 87, No. 6).
2. Amendment of subsections (a) and (e) filed
						by the Department of Personnel Administration with the Secretary of State on
						11-10-87; operative 11-10-87. Submitted to OAL for printing only pursuant to
						Government Code Section
						11343.8
						(Register 87, No. 52).
3. Amendment of subsections (b)-(d) filed by
						the Department of Personnel Administration with the Secretary of State on
						11-1-88; operative 11-1-88. Submitted to OAL for printing only pursuant to
						Government Code section
						11343.8
						(Register 88, No. 52).
4. Amendment of subsections (b) and (d) filed
						by the Department of Personnel Administration with the Secretary of State on
						12-15-88; operative 1-1-89. Submitted to OAL for printing only pursuant to
						Government Code section
						11343.8
						(Register 89, No. 4).
5. Amendment of subsection (a) filed by the
						Department of Personnel Administration with the Secretary of State on 2-22-89;
						operative on filing. Submitted to OAL for printing only pursuant to Government
						Code section
						11343.8
						(Register 89, No. 18).
6. Amendment of subsections (a) and (b) filed
						by the Department of Personnel Administration with the Secretary of State on
						12-28-90, effective on filing; operative 1-1-91 pursuant to Department of
						Personnel Administration. Submitted to OAL for printing only pursuant to
						Government Code section
						11343.8
						(Register 91, No. 7).
7. Amendment of subsections (a) and (b) filed
						2-7-91 with Secretary of State by Department of Personnel Administration;
						operative 2-7-91. Submitted to OAL for printing only pursuant to Government
						Code section
						3539.5
						(Register 91, No. 17).
8. Amendment of subsection (b) filed 3-7-91
						with Secretary of State by Department of Personnel Administration; operative
						3-7-91. Submitted to OAL for printing only pursuant to Government Code section
						3539.5
						(Register 91, No. 17).
9. New subsection (b) and subsection
						relettering and amendment of subsection (a) and newly-designated subsections
						(c), (f) and (g) filed 8-10-92 with the Secretary of State by Department of
						Personnel Administration; operative 8-15-92. Submitted to OAL for printing only
						pursuant to Government Code section
						3539.5
						(Register 92, No. 33).
10. Amendment of subsection (e) filed
						10-15-93; operative 10-1-93. Submitted to OAL for printing only pursuant to
						Government Code section
						3539.5
						(Register 93, No. 42).
11. Amendment of subsections (a)-(b) and (e)
						filed 11-30-99; operative 11-30-99. Submitted to OAL for printing only pursuant
						to Government Code section
						3539.5
						(Register 99, No. 49).
12. 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).
13. Amendment of subsection
						(a), new subsection (b), subsection relettering and amendment of newly
						designated subsections (c)-(e) filed 10-29-2019; operative 10-29-2019.
						Submitted to OAL for filing and printing only pursuant to Government Code
						section
						3539.5
						(Register 2019, No. 44).
14. Repealer of subsection (b), subsection
						relettering and amendment of newly designated subsection (e) filed 2-14-2023;
						operative 2-14-2023. Submitted to OAL for filing and printing only pursuant to
						Government Code section
						3539.5
						(Register 2023, No. 7).
Note: Authority cited: Sections
						  3517.8,
						  18502,
						  19143 and
						  19815.4(d),
						  Government Code. Reference: Sections
						  19780,
						  19782,
						  19783,
						  19839,
						  19858.3,
						  19858.4
						  and
						  19996,
						  Government Code.