(a) Pursuant to Government Code section 19849.16 and effective July 2, 1991, nonelected members of state boards, commissions, and panels whose annual salaries are fixed by law as designated in subsection (g) shall choose and accrue annual leave or vacation and sick credits in accordance with the leave accrual schedules specified in subsection (b). Employees accruing paid leave under vacation or annual leave programs established by Government Code sections 19856 or 19858.3 are not eligible under this section.(b) On the first day following a qualifying monthly pay period, as defined in section 599.608 of these regulations, the employee shall be allowed credit for 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 |
Employees choosing annual leave receive a nonindustrial disability benefit as provided in section 599.776 of these regulations.
Length of Service | Vacation Allowance |
1 | month to 3 years | 7 | hours per month |
37 | months to 10 years | 11 | hours per month |
121 | months to 15 years | 13 | hours per month |
181 | months to 20 years | 14 | hours per month |
241 | months to 25 years | 15 | hours per month |
301 | months and over | 16 | hours per month |
Employees choosing vacation credit in lieu of annual leave shall receive sick leave credit as provided in Government Code section 19859, and a nonindustrial disability benefit as provided in sections 599.777 and 599.778 of these regulations.
(c) Effective July 2, 1991, or upon appointment, whichever is later, eligible employees may be credited in advance with one year's accrual at the appropriate rate. No further credit will be earned during the first twelve months of service. Annual leave or vacation credit advanced may not be used for lump-sum payment or buy back under section 599.752.3 of these regulations. Sick leave credit advanced may not be converted to service credit for retirement purposes.(d) When computing months of total service to determine the monthly credit for leave with pay, only qualifying monthly pay periods of service before and after breaks in service shall be counted. Portions of non-qualifying monthly pay periods of service shall not be counted or accumulated.(e) Vacation, annual leave, and sick leave credits previously earned in accordance with applicable Department regulations shall continue to be available for leave purposes.(f) Employees subject to this section receive a nonindustrial disability benefit as provided in section 599.776 of these regulations. The selection of either of the paid leave programs by the employee is irrevocable during their term(s) of office under this section.(g) Eligible members of the following boards, commissions, and panels are subject to the provisions of this section: Agricultural Labor Relations Board, Board of Prison Terms, Cannabis Control Appeals Panel, Energy Commission, Fair Political Practices Commission (Chairperson only), Occupational Safety and Health Act Appeals Board, Public Employment Relations Board, Public Utilities Commission, Unemployment Insurance Appeals Board, Water Resources Control Board, Workers' Compensation Appeals Board, and the Youthful Offender Parole Board.Cal. Code Regs. Tit. 2, § 599.752.1
1. New section filed by the Department of Personnel Administration with the Secretary of State on 12-28-90, effective on filing; operative 7-2-91 pursuant to Department of Personnel Administration. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 91, No. 7).
2. Amendment of section submitted to OAL for printing only pursuant to Government Code section 3539.5; operative 7-2-91 (Register 91, No. 43).
3. Amendment of subsections (c) and (g) filed 3-30-95; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 13).
4. 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).
5. Editorial correction of HISTORY 3 (Register 2019, No. 15).
6. Amendment of section heading and subsections (a) and (g) filed 4-10-2019; operative 4-10-2019 pursuant to Government Code section 3539.5(b). This action was submitted to OAL for filing and printing only and is exempt from OAL review and approval pursuant to Government Code section 3539.5(b) (Register 2019, No. 15). Note: Authority cited: Sections 11553.5, 18502, 19815.4(d), 19849.13 and 19849.16, Government Code. Reference: Sections 19849.13 and 19849.16, Government Code.
1. New section filed by the Department of Personnel Administration with the Secretary of State on 12-28-90, effective on filing; operative 7-2-91 pursuant to Department of Personnel Administration. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 91, No. 7).
2. Amendment of section submitted to OAL for printing only pursuant to Government Code section 3539.5; operative 7-2-91 (Register 91, No. 43).
3. Amendment of subsections (c) and (g) filed 3-30-95; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 3559.5 (Register 95, No. 13).
4. 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).
5. Editorial correction of History 3 (Register 2019, No. 15).
6. Amendment of section heading and subsections (a) and (g) filed 4-10-2019; operative 4/10/2019 pursuant to Government Code section 3539.5(b). This action was submitted to OAL for filing and printing only and is exempt from OAL review and approval pursuant to Government Code section 3539.5(b) (Register 2019, No. 15).