PART 2.6. PERSONNEL ADMINISTRATION
Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55.
§§ 19815–19999.7 · 322 sections
CHAPTER 1. Department of Human Resources §§ 19815–19819.7 · 37 sections
ARTICLE 1. General §§ 19815–19815.9 · 11 sections
- § 19815 As used in this part: (a) “Department” means the Department of Human Resources. (b) “Director” means the Director of the Department of Human Resources. (c)…
- § 19815.2 (a) The Department of Human Resources (CalHR) is hereby created following reorganization of state department, agencies, and boards in an effort to better serve…
- § 19815.25 The Department of Human Resources, as established on July 1, 2012, is hereby established within the Government Operations Agency.
- § 19815.3 With the consent of the Senate, the Governor shall appoint, to serve at his pleasure, an executive officer who shall be director of the department. The…
- § 19815.4 The director shall do all of the following: (a) Be responsible for the management of the department. (b) Administer and enforce the laws pertaining to…
- § 19815.41 (a) Notwithstanding subdivision (e) of Section 19815.4, this section shall apply to state employees in State Bargaining Unit 5, 6, or 8. (b) The director shall…
- § 19815.5 Subject to the State Civil Service Act, the director shall appoint such other assistants and other employees as are necessary for the administration of the…
- § 19815.6 (a) Notwithstanding Sections 11042 and 11043, the chief counsel shall represent the department in all legal matters in which the department is interested,…
- § 19815.7 (a) The department may charge state agencies and departments for the actual and necessary costs related to services rendered by the department in all of the…
- § 19815.8 (a) No action or proceeding shall be brought by any person having or claiming to have a cause of action or complaint or ground for issuance of any complaint or…
- § 19815.9 (a) Pursuant to standards established by the department, the employing office of a state employee or state annuitant shall possess documentation verifying…
ARTICLE 2. Powers and Duties §§ 19816.2–19816.21 · 12 sections
- § 19816.2 Notwithstanding any other provision of this part, regulations and other provisions pertaining to the layoff or demotion in lieu of layoff of civil service…
- § 19816.4 The department shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property…
- § 19816.6 All officers and employees of the State Personnel Board and the Department of Personnel Administration, who, on the operative date of this part, are serving in…
- § 19816.8 The department may expend, in accordance with law, all moneys made available for its use or for the administration of any statute administered by it.
- § 19816.10 (a) In order to secure substantial justice and equality among employees in the state civil service, the department may provide by rule for days, hours and…
- § 19816.12 The department shall establish and maintain in suitable form an official roster of all persons holding positions under this part and enter thereupon their…
- § 19816.14 The department, with the concurrence of the Department of Finance, shall provide for such audit and certification of payrolls as it deems necessary to insure…
- § 19816.16 The department shall implement the State Employee Assistance Program established by Executive Order B96-82 and may enter into one or more contracts to provide…
- § 19816.17 The department may enter into contracts for the provision of legally authorized employee benefits not requiring voluntary participation or payroll deductions.…
- § 19816.18 (a) The department may either self-fund or self-insure any benefit program under its administration when it is cost effective to do so. The department may…
- § 19816.20 Notwithstanding Section 18717, this section shall apply to state employees in state bargaining units that have agreed to these provisions in a memorandum of…
- § 19816.21 (a) Notwithstanding Sections 18717 and 19816.20, effective July 1, 2004, the following officers and employees, who are in the following classifications or…
ARTICLE 2.2. Administrative Procedure § 19817.10 · 1 section
- § 19817.10 (a) This article shall apply only to employees in state bargaining units who have agreed to this article in a memorandum of understanding. (b) The…
ARTICLE 2.5. Personnel Classification Plan §§ 19818–19818.21 · 10 sections
- § 19818 Subject to Article VII of the California Constitution, the department succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction…
- § 19818.6 The department shall administer the Personnel Classification Plan of the State of California including the allocation of every position to the appropriate…
- § 19818.8 (a) A person shall not be assigned to perform the duties of any class other than that to which his or her position is allocated, except as permitted by Section…
- § 19818.10 The department shall assess the adequacy of the Personnel Classification Plan and, as needed, recommend changes in the plan to the State Personnel Board. The…
- § 19818.12 Positions in the state service shall be established by the appointing power as authorized by law subject to budgetary authorization and the availability of…
- § 19818.14 The department may designate an appointing power to allocate positions to the Personnel Classification Plan in accordance with Section 19818.6 and department…
- § 19818.16 (a) Notwithstanding Sections 905.2, 19818.8, and 19823, the department shall have the authority to review employee claims for additional reimbursement for the…
- § 19818.18 Upon the allowance of the department of all or part of an employee claim for additional reimbursement for the performance of duties outside the scope of their…
- § 19818.20 (a) Reasonable opportunity to appeal shall be provided by the department to any employee affected by the allocation or reallocation of his or her position. (b)…
- § 19818.21 When the Legislature, in the Budget Act, authorizes a specified number of positions in a specified class in a specified agency, the department shall approve…
ARTICLE 3. Division of Labor Relations §§ 19819.5–19819.7 · 3 sections
- § 19819.5 There is in the Department of Human Resources, the Division of Labor Relations.
- § 19819.6 The Governor shall appoint a deputy director from a list of nominees submitted by the director. This deputy director shall be in addition to the deputy…
- § 19819.7 Notwithstanding any other provisions of the law, it shall be the function of the division to represent the Governor regarding all the relevant provisions of…
CHAPTER 2. Administration of Salaries §§ 19820–19850.7 · 101 sections
ARTICLE 1. Claims for Reimbursement §§ 19820–19822.7 · 6 sections
- § 19820 The director shall adopt general rules and regulations doing all of the following: (a) Limiting the amount, time, and place of expenses and allowances to be…
- § 19822 (a) The director, by rule, shall determine the fair and reasonable value of maintenance, living quarters, housing, lodging, board, meals, food, household…
- § 19822.3 All state agencies shall implement and use the California Automated Travel Expense Reimbursement System (CalATERS) to automate processing of employee travel…
- § 19822.5 The department shall by rule authorize such expenditures as are reasonably necessary for the meals, lodging, or travel of persons who provide nonsalaried…
- § 19822.6 There is hereby established a Child Care Fund to which funds shall be allocated from the amount appropriated in the annual Budget Act for employee…
- § 19822.7 (a) There is hereby created in the State Treasury the Work and Family Fund to which funds shall be allocated from the amount negotiated in memoranda of…
ARTICLE 2. Employee Awards § 19823 · 1 section
- § 19823 (a) The department may make awards to current or retired state employees who do any of the following: (1) Propose procedures or ideas which hereafter have been…
ARTICLE 3. Salary Classification §§ 19824–19838 · 51 sections
- § 19824 Unless otherwise provided by law, the salaries of state officers and employees shall be paid out of the General Fund, or other recognized state fund from which…
- § 19825 (a) Notwithstanding any other provision of law, whenever any state agency is authorized by special or general statute to fix the salary or compensation of an…
- § 19825.5 (a) (1) Notwithstanding Sections 11550, 11552, 11554, 11555, and 11556, the department shall set and adjust, as needed, the annual compensation of the officers…
- § 19826 (a) The department shall establish and adjust salary ranges for each class of position in the state civil service subject to any merit limits contained in…
- § 19826.5 Whenever the department finds that pay data was furnished to the department on the basis that the source remain confidential, the source shall not be open to…
- § 19827 (a) (1) Except as provided in paragraphs (2) and (6), for the period from July 1, 2020, to June 30, 2021, inclusive, and notwithstanding any other provision of…
- § 19827.1 (a) The state recognizes the historic problem of recruitment and retention of peace officers in the Department of Corrections and the Department of Youth…
- § 19827.2 (a) The Legislature, having recognized December 1980 statistics from the U.S. Department of Labor, finds: that 60 percent of all women 18 to 64 are in the…
- § 19827.3 In order for the state to recruit skilled firefighters for the California Department of Forestry and Fire Protection, it is the policy of the state to consider…
- § 19827.5 (a) There is allocated from the salary or wage paid to a member of the clergy, in an amount up to 50 percent of the gross salary, either of the following: (1)…
- § 19828 (a) Reasonable opportunity to be heard shall be provided by the department to any employee affected by a change in the salary range for the class of his or her…
- § 19829 (a) Salary ranges shall consist of minimum and maximum salary limits. The department shall provide for intermediate steps within these limits to govern the…
- § 19829.5 (a) The Department of Human Resources shall provide a memorandum of understanding pursuant to Section 3517.5 to the Legislative Analyst who shall have 10…
- § 19829.6 The Department of Human Resources shall post, in a clear and conspicuous manner on the department’s Web site, each memorandum of understanding that has been…
- § 19829.7 (a) Notwithstanding Section 13340, for the 2010–11 fiscal year, if the Budget Act of 2010 is not enacted by July 1, 2010, for the memoranda of understanding…
- § 19829.8 (a) Notwithstanding Section 13340, for the 2011–12 fiscal year, if the 2011–12 Budget Act is not enacted by July 1, 2011, for the memoranda of understanding…
- § 19829.9 (a) Notwithstanding Section 13340, for the 2012–13 fiscal year, if the 2012–13 Budget Act is not enacted by July 1, 2012, for the memoranda of understanding…
- § 19829.95 (a) Notwithstanding Section 13340, solely for the effective period of the following memoranda of understanding, and not including a date beyond the expiration…
- § 19829.96 (a) Notwithstanding Section 13340, for the 2011–12 fiscal year, if the 2011–12 Budget Act is not enacted by July 1, 2011, for the memoranda of understanding…
- § 19829.97 (a) Notwithstanding Section 13340, for the 2012–13 fiscal year, if the 2012–13 Budget Act is not enacted by July 1, 2012, for the memoranda of understanding…
- § 19829.98 (a) Notwithstanding Section 13340, for the 2013–14 fiscal year, if the 2013–14 Budget Act is not enacted by July 1, 2013, for the memoranda of understanding…
- § 19829.981 (a) Notwithstanding Section 13340, for the 2013–14 fiscal year, if the 2013–14 Budget Act is not enacted by July 1, 2013, for the memoranda of understanding…
- § 19829.982 (a) Notwithstanding Section 13340, for the 2014–15 fiscal year, if the 2014–15 Budget Act is not enacted by July 1, 2014, for the memoranda of understanding…
- § 19829.983 (a) Notwithstanding Section 13340, for the 2015–16 fiscal year, if the 2015–16 Budget Act is not enacted by July 1, 2015, for the memoranda of understanding…
- § 19829.9840 (a) Notwithstanding Section 13340, for the 2016–17 fiscal year, if the Budget Act of 2016 is not enacted by July 1, 2016, for the memoranda of understanding…
- § 19829.9841 (a) Notwithstanding Section 13340, for the 2017–18 fiscal year, if the Budget Act of 2017 is not enacted by July 1, 2017, for the memoranda of understanding…
- § 19829.9842 (a) Notwithstanding Section 13340, for the 2016–17 fiscal year, if the Budget Act of 2016 is not enacted by July 1, 2016, for the memorandum of understanding…
- § 19829.9843 (a) Notwithstanding Section 13340, for the 2017–18 fiscal year, if the Budget Act of 2017 is not enacted by July 1, 2017, for the memorandum of understanding…
- § 19829.9844 (a) Notwithstanding Section 13340, for the 2016–17 fiscal year, if the Budget Act of 2016 is not enacted by July 1, 2016, for the memorandum of understanding…
- § 19829.9845 (a) Notwithstanding Section 13340, for the 2017–18 fiscal year, if the Budget Act of 2017 is not enacted by July 1, 2017, for the memoranda of understanding…
- § 19829.9846 (a) Notwithstanding Section 13340, for the 2018–19 fiscal year, if the Budget Act of 2018 is not enacted by July 1, 2018, for the memoranda of understanding…
- § 19829.9847 (a) Notwithstanding Section 13340, for the 2019–20 fiscal year, if the Budget Act of 2019 is not enacted by July 1, 2019, for the memoranda of understanding…
- § 19829.9848 (a) Notwithstanding Section 13340, for the 2020–21 fiscal year, if the Budget Act of 2020 is not enacted by July 1, 2020, for the memoranda of understanding…
- § 19829.9849 (a) Notwithstanding Section 13340, for the 2021–22 fiscal year, if the Budget Act of 2021 is not enacted by July 1, 2021, for the memoranda of understanding…
- § 19829.9850 (a) Notwithstanding Section 13340, for the 2022–23 fiscal year, if the Budget Act of 2022 is not enacted by July 1, 2022, for the memoranda of understanding…
- § 19829.9851 (a) Notwithstanding Section 13340, for the 2023–24 fiscal year, if the Budget Act of 2023 is not enacted by July 1, 2023, for the memoranda of understanding…
- § 19829.9852 (a) Notwithstanding Section 13340, for the 2024–25 fiscal year, if the Budget Act of 2024 is not enacted by July 1, 2024, for the memoranda of understanding…
- § 19829.9853 (a) Notwithstanding Section 13340, for the 2025–26 fiscal year, if the Budget Act of 2025 is not enacted by July 1, 2025, for the memoranda of understanding…
- § 19829.9854 (a) Notwithstanding Section 13340, for the 2026–27 fiscal year, if the Budget Act of 2026 is not enacted by July 1, 2026, for the memoranda of understanding…
- § 19829.9855 (a) Notwithstanding Section 13340, for the 2027–28 fiscal year, if the Budget Act of 2027 is not enacted by July 1, 2027, for the memoranda of understanding…
- § 19829.9856 (a) Notwithstanding Section 13340, for the 2028–29 fiscal year, if the Budget Act of 2028 is not enacted by July 1, 2028, for the memoranda of understanding…
- § 19830 (a) The minimum and maximum salary limits for laborers, workers, and mechanics employed on an hourly or per diem basis need not be uniform throughout the…
- § 19831 (a) The department may authorize payments into a private fund to provide health and welfare benefits to nonpermanent employees in classes compensated in…
- § 19832 (a) After completion of the first year in a position, each employee shall receive a merit salary adjustment equivalent to one of the intermediate steps during…
- § 19833 (a) When the compensation of an employee is established at a fixed amount per unit of work with a maximum limit for the employee’s total annual, monthly, or…
- § 19834 (a) Automatic salary adjustments shall be made for employees in the state civil service in accordance with this chapter and department rule adopted pursuant…
- § 19835 (a) The right of an employee to automatic salary adjustments is cumulative for a period not to exceed two years and he or she shall not, in the event of an…
- § 19835.5 In submitting budgetary requirements to the Director of Finance, each appointing power shall carefully estimate and call attention to the need for money…
- § 19836 (a) The department may authorize payment at any step above the minimum salary limit to classes or positions in order to meet recruiting problems, to obtain a…
- § 19837 (a) Employees in a class shall receive a salary within the limits established for that class; provided, that when a position has been allocated to a lower…
- § 19838 (a) When the state determines an overpayment has been made to an employee, it shall notify the employee of the overpayment and afford the employee an…
ARTICLE 4. Miscellaneous Compensation §§ 19839–19849.9 · 26 sections
- § 19839 (a) Upon separation from service without fault on his or her part, a person is entitled to a lump-sum payment as of the time of separation for any unused or…
- § 19839.5 Unless in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, every department shall calculate and forward to the…
- § 19840 (a) Any time off to which an employee is entitled by reason of overtime worked prior to June 9, 1948, may be compensated by a lump sum payment in the manner…
- § 19841 (a) Notwithstanding Section 11030, whenever a state officer or employee is required by the appointing power because of a change in assignment, promotion, or…
- § 19842 (a) For the purpose of facilitating either the recruitment of professional and technically trained persons to fill positions for which there is a shortage of…
- § 19842.5 For persons employed on an intermittent or irregular time base, the vacation and sick leave privileges, salary, and other conditions of employment governed by…
- § 19843 (a) For each class or position for which biweekly, monthly, or annual salary range is established by the department, the department shall establish and adjust…
- § 19844 (a) The department shall provide the extent to which, and establish the method by which, ordered overtime or overtime in times of critical emergency is…
- § 19844.1 (a) Notwithstanding any other provision of law, personal leave, sick leave, annual leave, vacation, bereavement leave, holiday leave, and any other paid or…
- § 19844.5 (a) A state employee who is called into service by the Office of Emergency Services pursuant to a mission assignment number for the purpose of engaging in a…
- § 19844.7 (a) Pursuant to regulations adopted by the Department of Human Resources, and subject to the collective bargaining agreement between the state and the…
- § 19845 (a) Notwithstanding any other provision of this chapter, the department is authorized to provide for overtime payments as prescribed by the Federal Fair Labor…
- § 19846 (a) It is the policy of the state that the normal workweek of permanent employees in fire suppression classes of the Department of Forestry and Fire Protection…
- § 19846.5 (a) Notwithstanding any other law, including Section 201 of the Labor Code, if the Franchise Tax Board determines that there is a lack of work for a seasonal…
- § 19847 (a) Every state agency in which there are employees not subject to state civil service shall submit to the department all information necessary for…
- § 19848 (a) The granting of compensating time off in lieu of cash compensation is not prohibited where compensating time off can be granted within 12 calendar months…
- § 19849 (a) The department shall adopt rules governing hours of work and overtime compensation and the keeping of records related thereto, including time and…
- § 19849.1 (a) The department may provide by rule for compensation to employees who are required to report back to work after completion of the normal workday, workweek,…
- § 19849.2 Any state agency may, subject to rules and regulations of the department, insure its employees against injury or death incurred while flying on state business…
- § 19849.3 When a state employee dies while traveling on official state business the state shall, under rules and regulations adopted by the department, pay the approved…
- § 19849.4 (a) Any state employee when working overtime at his or her headquarters on state business may receive his or her actual and necessary expenses, during his or…
- § 19849.5 The headquarters of members of all boards and commissions unless fixed by law, shall be determined and fixed by the department, and the headquarters of all…
- § 19849.6 Any person who vacates a position in the state civil service to accept appointment by the Governor or by the Legislature to a position or an office for which…
- § 19849.7 (a) Each state agency shall at the time of each payment of salary or wages, whether by direct deposit by electronic fund transfer pursuant to Sections 12480…
- § 19849.8 The department in which an employee is employed may pay the cost of replacing or repairing eyeglasses, hearing aids, dentures, watches, or articles of clothing…
- § 19849.9 (a) Any appointing power may present to an employee who has completed 25 or more years of state service a certificate, plaque, or other suitable memento and…
ARTICLE 4.5. Management Compensation Incentives §§ 19849.10–19849.22 · 9 sections
- § 19849.10 It is the purpose of this article to provide for management compensation incentives to promote increased productivity and efficiency in the management of state…
- § 19849.11 The Department of Human Resources, subject to any condition that it may establish, subject to existing statutes governing health benefits and group term life…
- § 19849.12 (a) The state may contribute all, part, or none of the cost of benefits purchased pursuant to this article. The remainder of the costs, if any, shall be paid…
- § 19849.13 Notwithstanding Sections 19839, 19858.1, 19858.3, 19858.4, 19859, and 19859.3, the Department of Human Resources may provide for vacation, sick leave, annual…
- § 19849.14 Effective July 1, 1987, there is hereby established in the State Treasury the Nonrepresented State Employee Long-Term Disability Insurance Fund for the purpose…
- § 19849.15 (a) Notwithstanding Section 22846, the state employer shall, upon the death of an employee while in state service, continue to pay employer contributions for…
- § 19849.16 Notwithstanding Section 18000, the Department of Human Resources may provide by rule for the accumulation and use of paid leave, including a lump-sum payment…
- § 19849.18 Supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 shall receive salary and benefits changes that are at least generally equivalent…
- § 19849.22 The Legislature finds and declares the following: (a) If the state is to attract and retain a competent correction workforce, there is a compelling need to…
ARTICLE 5. Uniform and Equipment Allowances §§ 19850–19850.7 · 8 sections
- § 19850 As used in this article: (a) “Uniform” means outer garments, excluding shoes, which are required to be worn exclusively while carrying out the duties and…
- § 19850.1 (a) State employees shall be responsible for the purchase of uniforms required as a condition of employment. The state shall provide for an annual uniform…
- § 19850.2 Each state employee, including employees having probationary status, employed in a position which is permanent and full time, or employed in a position which…
- § 19850.3 To implement the provisions of Sections 19850.1 and 19850.2, the department shall: (a) Establish a procedure to determine what articles are to be included in…
- § 19850.4 Subject to the availability of funds appropriated specifically for that purpose, each state employee shall be furnished work clothes if: (a) The work clothes…
- § 19850.5 (a) The state shall furnish the initial issuance of all safety equipment and police protective equipment required by the employing state agency. All safety…
- § 19850.6 The state department in which an employee is employed may pay the cost of replacing personal tools or other equipment required in the employee’s work when…
- § 19850.7 In addition to other equipment furnished to peace officers within the Department of Corrections and the California Youth Authority, the department and the…
CHAPTER 2.5. Days and Hours of Work §§ 19851–19991.14 · 91 sections
ARTICLE 1. Workweek §§ 19851–19855 · 8 sections
- § 19851 (a) It is the policy of the state, except during the operation of subdivision (c), that the workweek of the state employee shall be 40 hours, and the workday…
- § 19851.1 (a) (1) Notwithstanding Section 19851, the Department of Corrections shall establish a standardized overtime cap for correctional officers not to exceed 80…
- § 19852 When the Governor determines that the best interests of the state would be served thereby, the Governor may require that the 40-hour workweek established as…
- § 19853 (a) All state employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 31, the last…
- § 19853.1 (a) Notwithstanding Section 19853, this section shall apply to state employees in State Bargaining Unit 5. (b) Except as provided in subdivision (c), all…
- § 19853.2 (a) Notwithstanding Section 19853 or 19853.1, a state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday…
- § 19854 (a) Every employee, upon completion of six months of his or her initial probationary period in state service, shall be entitled to one personal holiday per…
- § 19855 Any state employee who was laid off from the Department of Employment on the 31st day of December 1941 and thereafter entered the employ of the United States…
ARTICLE 2. Vacations §§ 19856–19858.2 · 5 sections
- § 19856 (a) The department shall provide by rule for the regulation and accumulation of vacations for civil service employees and may provide for vacations for such…
- § 19856.1 (a) It shall be within the discretion of the department to define the effect of an absence from the payroll of 10 working days or less in any calendar month…
- § 19857 (a) The appointing power of any officer or employee not a member of the civil service may promulgate regulations governing vacations for these officers or…
- § 19858.1 (a) Except as provided in subdivision (c), following completion of six months of continuous service, for each completed calendar month of service, except as…
- § 19858.2 The department may provide by rule for the regulation and accumulation of vacation credits on an hourly basis to conform to the frequency of the pay period for…
ARTICLE 2.5. Annual Leave §§ 19858.3–19858.7 · 4 sections
- § 19858.3 This article shall apply to all of the following: (a) Employees who are excluded from the definition of “state employee” in subdivision (c) of Section 3513.…
- § 19858.4 In lieu of the sick leave and vacation provisions of Sections 19858.1 and 19859, eligible employees, as defined by subdivisions (a), (b), and (c) of Section…
- § 19858.5 In lieu of sick leave and vacation provisions of Sections 19858.1 and 19859, eligible employees, as defined by subdivision (d) of Section 19858.3, may…
- § 19858.7 Notwithstanding Section 19839, upon applying for retirement, a person entitled to a lump-sum payment for any unused or accumulated annual leave may elect to…
ARTICLE 3. Sick Leave §§ 19859–19868.3 · 17 sections
- § 19859 (a) Following completion of one month of continuous service, except as otherwise provided in Section 19863.1, each state officer and employee who is employed…
- § 19859.3 (a) Any permanent employee who is either excluded from the definition of state employee in subdivision (c) of Section 3513, or is a nonelected officer or…
- § 19860 The department may provide by rule for the regulation and accumulation of sick leave credits on an hourly basis for all or certain designated employees. The…
- § 19861 (a) It shall be within the discretion of the department to define the effect of an absence from the payroll of 10 working days or less in any calendar month…
- § 19862 (a) Sick leave may be accumulated, and no additional sick leave with pay beyond that accumulated shall be granted, except as provided in Section 19863. 1. (b)…
- § 19862.1 (a) The department may provide by rule for crediting to the sick leave account of an employee formerly employed in a state position exempt from civil service…
- § 19863 (a) Except as provided in Article 4 (commencing with Section 19869), a state officer or employee who is or may be entitled to temporary disability indemnity…
- § 19863.1 (a) Notwithstanding any other provision of the law to the contrary, a state officer or employee who is entitled to temporary disability indemnity or vocational…
- § 19864 (a) The department may provide by rule for sick leave or annual leave without pay for those employees who have used all sick leave or annual leave with pay to…
- § 19865 No state employee who is an inmate or member of any state institution and who is employed on a full or part time basis shall be entitled to receive pay for any…
- § 19865.1 When an employee uses sick leave, vacation, annual leave, or any combination of these, because of an injury compensable under the Labor Code, and the state is…
- § 19866 (a) The appointing power of any officer or employee not a member of the civil service shall administer the sick leave authorized by this part for the officers…
- § 19867 (a) The Legislature finds and declares that the interests of the state would be served by the Department of Human Resources meeting and conferring with the…
- § 19868 Any employee of the State Department of Health performing functions which, prior to July 1, 1973, were vested in the Department of Mental Hygiene and who is…
- § 19868.1 For the purposes of Sections 19859, 19860, 19861, 19862, 19862.1, 19863, 19863.1, 19864, 19865.1, 19866, and 19868,
- § 19868.2 Notwithstanding any other provision of law to the contrary, whenever sick leave benefits are provided to state employees pursuant to the state sick leave…
- § 19868.3 Any employee of the State Department of Developmental Services performing functions which, prior to September 9, 1981, were vested in the State Department of…
ARTICLE 4. Industrial Disability Leave §§ 19869–19877.1 · 14 sections
- § 19869 This article applies to state officers and employees who are members of the Public Employees’ Retirement System or the State Teachers’ Retirement System in…
- § 19870 As used in this article: (a) “Industrial disability leave” means temporary disability as defined in Divisions 4 (commencing with Section 3201) and 4.5…
- § 19871 (a) Except as provided in Section 19871.2 or 19871.3, when a state officer or employee is temporarily disabled by illness or injury arising out of and in the…
- § 19871.1 (a) A state officer or employee who is receiving industrial disability leave benefits, shall continue to receive all employee benefits which he or she would…
- § 19871.2 When an excluded employee is temporarily disabled for more than 22 consecutive working days by an injury or type of injury designated by the director as…
- § 19871.3 (a) If an employee who is a member of State Bargaining Unit 8 is temporarily disabled by illness or injury arising out of and in the course of state…
- § 19872 (a) The disabled employee shall not receive temporary disability indemnity or sick leave or annual leave with pay for any period for which he or she receives…
- § 19873 (a) Division 4.7 (commencing with Section 6200) of the Labor Code shall not apply to employees to which this article applies. (b) If the provisions of this…
- § 19874 (a) If the employee continues to be temporarily disabled after termination of benefits under this article, he or she shall be entitled to the benefits provided…
- § 19875 (a) If an illness or injury causes temporary disability, the employee shall be placed on industrial disability leave on the fourth calendar day after the…
- § 19876 (a) Payments shall be contingent on the complete medical certification of the illness or injury including diagnosis and any prognosis of recovery. Further,…
- § 19876.5 State employees in state bargaining units 1, 4, 15, 18, and 20 who suffer a job-related injury or illness and become eligible for vocational rehabilitation…
- § 19877 The department shall adopt any rules and regulations necessary for the administration of this article. The appointing power of any officer or employee not a…
- § 19877.1 (a) The provisions of this article shall be effective upon the adoption of applicable rules and regulations, but not later than January 1, 1975. (b) If the…
ARTICLE 5. Nonindustrial Disability Leave §§ 19878–19885 · 11 sections
- § 19878 (a) As used in this article: (1) “Appeals board” means the California Unemployment Insurance Appeals Board. (2) “Disability” or “disabled” includes mental or…
- § 19878.5 (a) For purposes of this article relating to Nonindustrial Disability Insurance Family Care Leave, an “eligible employee” is either of the following: (1) An…
- § 19879 (a) When an employee is disabled, whether temporarily or permanently, the employee shall become entitled, subject to this article, to receive nonindustrial…
- § 19879.1 (a) For the purpose of this section relating to nonindustrial disability leave benefits, an eligible employee is an employee defined by Section 19858.3. (b)…
- § 19880 (a) A disabled employee or an employee covered by Section 19878.5 is eligible to receive nonindustrial disability benefits or Family Care Leave benefits, as…
- § 19880.1 (a) A disabled employee shall be eligible to receive nonindustrial disability benefits under this article without being required to use any vacation leave…
- § 19881 (a) An employee is not eligible for disability benefits or Family Care Leave benefits under this article with respect to any period for which the Director of…
- § 19882 (a) Except as provided in this section, an individual is not eligible for disability benefits or Family Care Leave benefits under this article for any day of…
- § 19883 (a) (1) Discretionary deductions of the employee, including those for coverage under a state health benefits plan in which the employee is enrolled, shall be…
- § 19884 (a) (1) Filing, determination, and payment of disability benefit claims under this article shall be made in accordance with the procedures prescribed by…
- § 19885 The department shall adopt any rules and regulations necessary for the administration of this article. The appointing power of any officer or employee of the…
ARTICLE 6. Firefighters §§ 19886–19886.2 · 3 sections
- § 19886 As used in this article the term “firefighter of the state” or “firefighter” shall be deemed to include a member of a fire department or fire service of the…
- § 19886.1 Whenever any firefighter of the state dies or is disabled from performing his or her duties as a firefighter by reason of his or her proceeding to or engaging…
- § 19886.2 Nothing in this article shall be deemed to: (a) Require the extension of any benefits to a firefighter who at the time of his or her injury, death, or…
ARTICLE 7. The Clerical Pool §§ 19887–19887.2 · 3 sections
- § 19887 (a) The department may establish a clerical pool in any locality where the demand for temporary clerical help warrants it. Such pool shall be established by…
- § 19887.1 (a) Upon a request from any appointing power for temporary help which can be filled from those employed by the department in the clerical pool, the department…
- § 19887.2 (a) For all purposes of this part such persons are employees of the department and not of the appointing power to which they are assigned. The department shall…
ARTICLE 8. Emergency §§ 19888–19888.2 · 3 sections
- § 19888 Service under emergency appointment shall be credited for purposes of vacation, sick leave, annual leave, and salary adjustment only if and as provided by…
- § 19888.1 The appointing power, to prevent the stoppage of public business when an actual emergency arises, or because the work will be of limited duration, not to…
- § 19888.2 (a) Notwithstanding Sections 18531 and 19888.1, the Department of Industrial Relations may make emergency appointments that exceed 60 working days, subject to…
ARTICLE 9. Career Executive Assignments §§ 19889–19889.4 · 4 sections
- § 19889 It is the purpose of this article to encourage the development and effective use of well-qualified and carefully selected executives. In order to carry out…
- § 19889.2 The provisions of this part governing the examination, selection, classification, and tenure of employees in the regular civil service shall not apply to…
- § 19889.3 (a) Eligibility for appointment to positions in the career executive assignment category shall be established as a result of competitive examinations. All…
- § 19889.4 In accordance with State Personnel Board rules, the following shall apply when an appointing power terminates a career executive assignment: (a) An employee…
ARTICLE 9.5. Benefits §§ 19889.6–19889.7 · 2 sections
- § 19889.6 The department, in accordance with Section 125 of the Internal Revenue Code shall authorize any member of Bargaining Unit 6 to elect to receive one or more…
- § 19889.7 The department may charge an administrative fee to annuitants and employees participating in a group legal services plan established through regulation for…
ARTICLE 10. Activities §§ 19990–19990.6 · 3 sections
- § 19990 A state officer or employee shall not engage in any employment, activity, or enterprise which is clearly inconsistent, incompatible, in conflict with, or…
- § 19990.5 Notwithstanding Sections 18000 and 19990, state officers and employees may render services during their office hours, or hours of work for the state, if…
- § 19990.6 (a) Service on a local appointed or elected governmental board, commission, committee, or other body or as a local elected official by an attorney employed by…
ARTICLE 11. Absences §§ 19991–19991.14 · 14 sections
- § 19991 (a) Upon giving two days’ notice to his or her immediate superior, any state employee otherwise qualified shall be permitted to take any state civil service…
- § 19991.1 (a) Subject to department rule an appointing power may grant a leave of absence without pay, to any employee under his or her jurisdiction for a period not…
- § 19991.2 (a) The appointing power may grant to an employee under his or her jurisdiction who has permanent civil service status or a probationer who immediately…
- § 19991.3 (a) Leaves of absence granted for jury duty may be with or without pay. (b) If the provisions of this section are in conflict with the provisions of a…
- § 19991.4 Any period of time during which an employee is required to be absent from his or her position by reason of an injury or disease for which he or she is entitled…
- § 19991.5 (a) The department may permit the Commandant of the Veterans’ Home of California to authorize members of the medical staff and medical technicians, to include…
- § 19991.6 (a) Except as provided in subdivision (c), an appointing power shall grant a leave of absence without pay for the purposes of pregnancy, childbirth or the…
- § 19991.7 (a) For civil service employees employed in positions requiring teaching certification qualifications appointing powers may grant educational leave to attend…
- § 19991.8 During any state military emergency and subject to department rule, an appointing power may grant a leave of absence without pay to a permanent or probationary…
- § 19991.9 Any permanent state civil service employee or an employee serving under another appointment who previously had permanent status and who, since that permanent…
- § 19991.10 Where there exists no statutory authority to grant a paid leave of absence, no paid leave of absence shall exceed five working days without prior approval of…
- § 19991.11 (a) Subject to subdivision (c), an appointing power shall grant to an employee, who has exhausted all available sick leave, the following leaves of absence…
- § 19991.13 (a) At the discretion of the appointing power, excluded employees as defined in subdivision (b) of Section 3527, may transfer eligible leave credits to an…
- § 19991.14 (a) If a retired state employee dies from a nonwork-related illness or injury within 12 months of retirement, a request may be made to his or her employer to…
CHAPTER 3. Performance Reports §§ 19992–19992.4 · 5 sections
- § 19992 (a) After consultation with appointing powers and other supervising officials the department shall assist and encourage state agencies to establish standards…
- § 19992.1 (a) The system of performance reports shall be designed to permit as accurately and fairly as is reasonably possible, the evaluation by his or her appointing…
- § 19992.2 (a) Appointing powers shall prepare performance reports and keep them on file as prescribed by department rule. The rules shall provide that employees be shown…
- § 19992.3 (a) Performance reports shall be considered, in the manner prescribed by department rule, in determining salary increases and decreases, the order of layoffs,…
- § 19992.4 (a) The department may establish rules under which records of unsatisfactory service may lead to reduction in class and compensation, and providing for the…
CHAPTER 3.5. Performance Reports for Managerial Employees §§ 19992.8–19992.14 · 7 sections
- § 19992.8 After consultation with appointing powers and other supervising officials the department shall assist and encourage state agencies to establish standards of…
- § 19992.9 The system of performance appraisal reports shall be designed by managerial employees and their appointing powers to permit the evaluation by appointing powers…
- § 19992.10 Appointing powers shall prepare performance appraisal reports and keep them on file as prescribed by department rule. The rules shall provide that managerial…
- § 19992.11 Performance reports shall be considered, in the manner prescribed by department rule, for purposes of employee development, in determining salary increases and…
- § 19992.12 The department may establish rules under which records of unsatisfactory service may lead to reduction in class and compensation, and providing for the manner…
- § 19992.13 The department shall establish a procedure whereby a managerial employee may appeal his or her performance appraisal report to the appointing power. At a…
- § 19992.14 Each state agency shall establish a system of performance appraisal reports which shall form the basis for awarding merit salary increases to managers on or…
CHAPTER 4. Deferred Compensation §§ 19993–19993.05 · 2 sections
- § 19993 (a) The department may establish for officers and employees a tax-advantaged retirement savings plan in accordance with Section 457(b) of the Internal Revenue…
- § 19993.05 (a) This section shall be known and may be cited as the Freedom of Financial Choice Act. (b) The department shall provide officers and employees participating…
CHAPTER 4.5. State-Owned Motor Vehicles §§ 19993.1–19993.8 · 8 sections
- § 19993.1 State-owned motor vehicles shall be used only in the conduct of state business. State business shall include the operation of state-owned vehicles as commute…
- § 19993.2 The department shall prescribe rules and regulations which: (a) Define the use of state-owned motor vehicles which constitutes use in the conduct of state…
- § 19993.3 The provisions of this chapter shall not apply to the incumbents of elective state offices.
- § 19993.4 The Department of General Services shall administer the provisions of this chapter and the rules and regulations adopted pursuant thereto; provided, however,…
- § 19993.5 Any violation by a state officer or employee of this chapter or the rules and regulations adopted pursuant thereto shall constitute misuse of state property…
- § 19993.6 The department, upon its own initiative, may suspend from state service without pay for a period not exceeding 30 days, any officer or employee of this state…
- § 19993.7 The provisions of this chapter shall not apply to members of the California Highway Patrol nor to a peace officer defined in subdivision (a) of Section 830.36…
- § 19993.8 Section 89008 of the Education Code, and not this chapter, shall govern use of state-owned motor vehicles by employees of the California State University.
CHAPTER 5. Transfers §§ 19994–19994.4 · 5 sections
- § 19994 (a) When the state takes over and there is transferred to it a function from any other public agency, the department may determine the extent, if any, to which…
- § 19994.1 (a) An appointing power may transfer any employee under his or her jurisdiction: (1) to another position in the same class; or (2) from one location to another…
- § 19994.2 (a) When there are two or more employees in a class and an involuntary transfer is required to a position in the same class, or an appropriate class as…
- § 19994.3 (a) If a transfer is protested to the department by an employee as made for the purpose of harassing or disciplining the employee, the appointing power may…
- § 19994.4 (a) At the time it is filed with the department a copy of the protest shall be filed with the appointing power. Such a protest shall be made within 30 days of…
CHAPTER 5.6. Tobacco Control §§ 19994.30–19994.35 · 4 sections
- § 19994.30 As used in this chapter: (a) “Building” means a building owned and occupied, or leased and occupied, by the state. (b) “State” or “state agency” means a state…
- § 19994.33 (a) The State Department of Health Services may develop guidelines for the content and effective presentation of tobacco smoking control programs designed to…
- § 19994.34 Notwithstanding any other provision of law, an agency specified in Division 3 (commencing with Section 3001) of the Food and Agricultural Code may accommodate…
- § 19994.35 (a) No tobacco product advertising shall be allowed in any state-owned and state-occupied building excepting advertising contained in a program, leaflet,…
CHAPTER 6. Training §§ 19995–19995.4 · 6 sections
- § 19995 (a) The department shall devise plans for and cooperate with appointing powers and other supervising officials in the conduct of employee training programs so…
- § 19995.1 For the purpose of meeting the development needs of the state’s workforce, the department shall analyze, design, develop, implement, and evaluate an integrated…
- § 19995.1.5 (a) The department may provide training programs to any public employee or officer so that the quality of service rendered by those persons may be continually…
- § 19995.2 (a) To such extent as practicable and within available resources for this purpose, the appointing power shall arrange for such counseling and training of…
- § 19995.3 (a) The department and the Department of Rehabilitation shall jointly formulate procedures for the selection and orderly referral of disabled state employees…
- § 19995.4 (a) The department shall devise plans for, and cooperate with appointing powers in the conduct of, supervisor, manager, and career executive assignment…
CHAPTER 6.5. The Governor’s Awards §§ 19995.5–19995.7 · 3 sections
- § 19995.5 The Governor may make each year awards which shall be known as the Governor’s Awards to employees or groups of employees who distinguished themselves by…
- § 19995.6 Employees shall be nominated for the award by the directors of the various state departments and agencies and the Governor shall select from the persons so…
- § 19995.7 The award shall consist of a suitable medal or trophy.
CHAPTER 7. Separations from Service §§ 19996–19998.4 · 45 sections
ARTICLE 1. General §§ 19996–19996.2 · 3 sections
- § 19996 The tenure of every permanent employee holding a position is during good behavior. Any such employee may be temporarily separated from the state civil service…
- § 19996.1 (a) Resignations from the state civil service are subject to department rules. A resignation, except as provided in this section, does not jeopardize any…
- § 19996.2 (a) Absence without leave, whether voluntary or involuntary, for five consecutive working days is an automatic resignation from state service, as of the last…
ARTICLE 1.5. Excluded Employees Leave Program § 19996.3 · 1 section
- § 19996.3 (a) Effective July 1, 1992, the department shall implement a personal leave program for state officers and employees excluded from, or otherwise not subject…
ARTICLE 1.6. Reduced Worktime Act §§ 19996.19–19996.29 · 11 sections
- § 19996.19 (a) The Legislature finds and declares all of the following: (1) Many individuals in our society possess great productive potential which goes unused because…
- § 19996.20 “Reduced worktime,” as used in this article, means employment of less than 40 hours of work per week, and includes arrangements involving job sharing, four-,…
- § 19996.21 (a) It is the policy of the state that to the extent feasible, reduced worktime be made available to employees who are unable, or who do not desire, to work…
- § 19996.22 (a) Any employee who is being coerced, or who has been required, by the appointing power, a supervisor, or another employee, to involuntarily reduce his or her…
- § 19996.23 In counting the number of employees any state agency employs for purposes of any personnel ceiling, an employee employed on a reduced worktime basis shall be…
- § 19996.24 (a) Permanent employees who voluntarily reduce their worktime shall, upon request, be given first priority for returning to a full-time work schedule to the…
- § 19996.25 If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Sections 3517.5 and 3572, the…
- § 19996.26 All persons employed in reduced worktime positions pursuant to Section 19996.21, shall receive, on a pro rata basis, except for benefits provided under the…
- § 19996.27 The department shall adopt appropriate rules and guidelines relating to reduced worktime implementation.
- § 19996.28 The Trustees of the California State University shall adopt the appropriate rules and guidelines relating to the implementation of the reduced worktime program…
- § 19996.29 This article shall be known and may be cited as the “Reduced Worktime Act.”
ARTICLE 1.7. Reduced Worktime for Partial Service Retirement §§ 19996.30–19996.39 · 10 sections
- § 19996.30 This article shall be known and may be cited as the “Partial Service Retirement Act.”
- § 19996.31 It is the intent of the Legislature in adopting this article to pursue the following objectives: (a) To protect the fiscal soundness of the Public Employees’…
- § 19996.32 Any state employee, or legislative employee, who is a state miscellaneous or industrial member working standard hours on a full-time basis, other than a…
- § 19996.33 “Reduced worktime for partial service retirement” means any arrangement of worktime agreeable to both the appointing authority and the employee which…
- § 19996.34 It is the policy of the state that reduced worktime for partial service retirement shall be made available to state employees and legislative employees…
- § 19996.35 (a) Any employee who is being coerced, or who has been required, by the appointing power, a supervisor, or another employee, to involuntarily reduce his or her…
- § 19996.36 In counting the number of employees any state agency employs for purposes of any personnel ceiling, an employee employed on a reduced worktime basis for…
- § 19996.37 (a) A permanent state employee or legislative employee who voluntarily reduces his or her worktime for partial service retirement pursuant to this article…
- § 19996.38 If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of…
- § 19996.39 All persons employed in reduced worktime positions for partial service retirement pursuant to this article, shall receive proportionally reduced compensation…
ARTICLE 2. Layoff and Demotion §§ 19997–19997.15 · 16 sections
- § 19997 Whenever it is necessary because of lack of work or funds, or whenever it is advisable in the interests of economy, to reduce the staff of any state agency,…
- § 19997.1 The duties performed by any employee laid off may be assigned to any other employee or employees in the state agency holding positions in appropriate classes.
- § 19997.2 (a) With the approval of the department, only the employees of a designated geographical, organizational or functional subdivision of a state agency need be…
- § 19997.3 (a) Layoff shall be made in accordance with the relative seniority of the employees in the class of layoff. In determining seniority scores, one point shall be…
- § 19997.4 (a) For the purposes of determining seniority pursuant to subdivision (a) of Section 19997.3, the term “state service” shall include all service that is exempt…
- § 19997.5 (a) Separations that are necessary by reason of reinstatement of an employee or employees after recognized military service as provided for in Section 19780…
- § 19997.6 (a) A veteran, except a veteran who was reinstated from military leave, shall in the event of layoff receive seniority credit for recognized military service…
- § 19997.7 (a) Employees in the class under consideration, up to the number of positions to be abolished or discontinued, shall be laid off in the order as determined…
- § 19997.8 (a) In lieu of being laid off an employee may elect demotion to: (1) any class with substantially the same or a lower maximum salary in which he or she had…
- § 19997.9 (a) Any employee replaced by such demotion has the same option of demotion afforded by Section 19997.8 as if his or her position had been abolished or…
- § 19997.10 (a) Any officer or employee, directly or indirectly, entitled to or having permanent status under the provisions of Article VII of the Constitution or the…
- § 19997.11 (a) The names of employees to be laid off or demoted shall be placed upon the reemployment list for the subdivision, if such a subdivision was designated, upon…
- § 19997.12 (a) An employee who is certified to a position in a class after layoff, or demotion in lieu of layoff, shall receive not less than the same step in the salary…
- § 19997.13 (a) An employee shall be notified that the employee is to be laid off 30 days prior to the effective date of layoff and not more than 60 days after the date of…
- § 19997.14 (a) An employee may appeal to the department within 30 days after receiving notice of layoff on the ground that the required procedure has not been complied…
- § 19997.15 (a) In order to provide state civil service employees of the California Maritime Academy with an opportunity to remain in the state civil service system, there…
ARTICLE 3. Layoff Reemployment §§ 19998–19998.1 · 2 sections
- § 19998 (a) It is the policy of the state that when an employee is to be separated from state service because the tasks he or she was assigned are to be eliminated or…
- § 19998.1 (a) The department may temporarily restrict the choice of methods of appointment available to an appointing power if such restriction is deemed necessary in…
ARTICLE 4. Reentry to State Service §§ 19998.3–19998.4 · 2 sections
- § 19998.3 Notwithstanding any other provision of law to the contrary, an employee whose continuity of employment in the state service as either an exempt or civil…
- § 19998.4 (a) An employee who entered county employment pursuant to a resolution or agreement effecting the transfer of that employee by the State Department of Mental…
CHAPTER 8. Two-Tiered Retirement System §§ 19999–19999.1 · 2 sections
- § 19999 The Legislature hereby finds and declares that retirement costs to the state and its employees would be reduced by the establishment of a two-tiered retirement…
- § 19999.1 The Department of Human Resources, in conjunction with the Board of Administration of the Public Employees’ Retirement System, shall develop legislation which…
CHAPTER 8.5. Retirement Plan for Employees Excluded From the Public Employees’ Retirement System §§ 19999.2–19999.21 · 2 sections
- § 19999.2 (a) The Legislature hereby finds and declares that this chapter is intended to satisfy the requirements prescribed by the Omnibus Budget Reconciliation Act of…
- § 19999.21 The Department of Human Resources shall administer the retirement program established by this chapter. The department shall provide by rule for the regulation…
CHAPTER 8.6. Alternate Retirement Program for New Employees Exempted from Contributions to the Public Employees’ Retirement System §§ 19999.3–19999.31 · 2 sections
- § 19999.3 (a) The Legislature finds and declares that this chapter is intended to provide an alternate retirement program for new state employees who are members of the…
- § 19999.31 The Department of Human Resources shall administer the retirement program established by this chapter. The department shall provide the method by which benefit…
CHAPTER 9. Tax-Deferred Savings Plans § 19999.5 · 1 section
- § 19999.5 In order to encourage savings and increase the savings options available to officers and employees, the department may establish and administer tax-advantaged…
CHAPTER 10. Annuity Contracts § 19999.7 · 1 section
- § 19999.7 (a) The department may establish and administer the purchase of annuity contracts which meet the requirements of Section 403(b) of the Internal Revenue Code…