Section 438 - Temporary Assignments or Loans In General(a) The temporary assignment or loan of an employee shall be for any of the following purposes: (1) Provide training and development through such methods as defined in section 437 or through other types of training and development methods, such as apprenticeship programs.(2) Enable an agency to obtain expertise needed to meet a compelling program or management need.(3) Facilitate the return of an injured employee to work.(b) The temporary assignment or loan of an employee may be within an agency, between agencies, or between jurisdictions. "Between jurisdictions" means situations where an employee is on a temporary assignment or loan to any of the following: (1) a federal, county, city, local agency, board, commission, department, district or similar non-state governmental entity;(2) a public college or university; or,(3) a private college or university.(c) Any temporary assignment or loan of an employee made for the purpose specified in subdivision (a)(2) shall only be made with the voluntary consent of the employee.(d) Employees in career executive assignments are excluded from training and development assignments.(e) Each agency's upward mobility program shall include training and development assignments.(f) Except for those temporary assignments or loans made to meet a compelling program or management need pursuant to section 440 et seq., the employee may request in writing that their temporary loan or assignment be terminated prior to the anticipated end of the temporary assignment or loan. The employee's request for early termination of the temporary assignment or loan shall be granted within a reasonable time period, not to exceed 10 working days, upon receipt of the employee's request.Cal. Code Regs. Tit. 2, § 438
Note: Authority cited: Sections 18502, 18701 and 19050.8, Government Code. Reference: Sections 19050.8 and 19401, Government Code.
Note: Authority cited: Sections 18502, 18701 and 19050.8, Government Code. Reference: Sections 19050.8 and 19401, Government Code.
1. New section filed 1-6-83; effective thirtieth day thereafter (Register 83, No. 2).
2. Change without regulatory effect of NOTE filed 12-21-88 (Register 89, No. 1).
3. Amendment of section heading, new subsection (a), relettering and amendment of new subsection (b) and redesignating all following paragraphs filed 11-20-91; operative 12-20-91 (Register 92, No. 8).
4. Repealer and new section filed 3-4-2020; operative 7-1-2020 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18213 (Register 2020, No. 10).
5. New subsection (f) filed 3-12-2024; operative 7/1/2024 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2024, No. 11).
6. Amendment of subsection (b) and new subsections (b)(1)-(3) filed 8-22-2024; operative 10/1/2024 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18214 (Register 2024, No. 34).