CHAPTER 2.5. Days and Hours of Work
Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55.
§§ 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…