California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 9 - Vacations › Section 599.737.5 - Voluntary Personal Leave Program - Excluded Employees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following Voluntary Personal Leave Program (VPLP)
						shall be effective for all excluded employees [as defined in Government Code
						section
						3527(b)]
						who have permanent status and work full-time. As specified below, the VPLP
						allows eligible employees to receive additional leave time in return for a
						corresponding reduction in pay.
(a)
					 Each agency shall decide whether it will offer the VPLP. Participating agencies
					 will notify employees of any program conditions and procedures that they may
					 establish (e.g., eligibility criteria, maximum carryover credits, operational
					 limitations) for program participation. Employee participation in the program
					 shall be on a voluntary basis, subject to his or her agency's
					 approval.
(b) Except for subsection
					 (k) below, only permanent full-time employees are eligible to participate in
					 the VPLP. Interested employees may only request either one day (8 hours) or two
					 days (16 hours) Personal Leave per month with an equal reduction in pay.
					 Approval or denial of the request shall be at the general discretion of the
					 agency and may vary within an agency. An agency may only approve either one day
					 (8 hours) or two days (16 hours) Personal Leave. Salary ranges and rates shall
					 not be affected because of VPLP participation.
(c) Participating employees shall be credited
					 with eight (8) or sixteen (16) hours of Personal Leave on the first day of the
					 monthly pay period following each month of participation in the VPLP.
(d) Once approved, employees must remain in
					 the VPLP for 12 months unless an agency establishes a lesser time period. Once
					 approved for the VPLP, an employee agrees to remain in the program for that
					 time period. In the case of a financial hardship, an employee's request to
					 cancel participation may be approved by an agency on a case-by-case basis. The
					 state reserves the right to cancel the VPLP on an agency, subdivision, or
					 individual basis at any time with 30 days notice to the employee.
(e) Personal Leave shall be requested and
					 used by the employee in the same manner as vacation or annual leave. Requests
					 to use Personal Leave must be submitted in accordance with agency policies on
					 vacation or annual leave. Employees may not be required to use Personal Leave
					 credits.
(f) At the discretion of
					 the state, all or a portion of unused VPLP credits may be cashed out at the
					 employee's salary rate at the time the VPLP payment is made. The application of
					 this cash out provision may differ from agency to agency and from employee to
					 employee. Upon termination from state employment, 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.
(g) Participating employees shall be entitled
					 to the same level of state employer contributions for health, vision, dental,
					 flex-elect cash option, and enhanced survivor's benefits he or she would have
					 received had they not participated in the VPLP.
(h) The VPLP shall not cause a break in state
					 service, a reduction in the employee's accumulation of service credit for the
					 purposes of seniority and retirement, leave accumulation, or a merit salary
					 adjustment.
(i) The VPLP shall
					 neither affect the employee's final compensation used in calculating state
					 retirement benefits nor reduce the level of state death or disability benefits
					 the employee would otherwise receive or be entitled to receive nor shall it
					 affect the employee's ability to supplement those benefits with paid
					 leave.
(j) The VPLP shall be
					 administered consistent with the existing payroll system and the policies and
					 practices of the State Controller's Office.
(k) Employees on Enhanced Disability Leave,
					 Nonindustrial Disability Leave, Industrial Disability Leave or Worker's
					 Compensation for the entire monthly pay period shall be excluded from the
					 VPLP.
(l) Continued participation
					 in the VPLP when an employee transfers to another agency shall be at the
					 discretion of the new agency.
(m)
					 If any dispute arises about this VPLP, an employee may file a grievance under
					 section 599.859 of these
					 regulations.
1. New
						section filed 5-4-94; operative 5-4-94. Submitted to OAL for printing only
						pursuant to Government Code section
						3539.5
						(Register 94, No. 18).
2. Change without regulatory effect amending
						section and adding 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
						  18502,
						  Government Code. Reference: Section
						  19996.3,
						  Government Code.