Cal. Code Regs. tit. 2 § 599.793

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 599.793 - Reimbursable Paid Leave of Absence - Excluded Employees

An excluded employee is defined in section 599.615(b) of these regulations.

(a) An appointing power may grant a reimbursable paid leave of absence to a state employee as defined in Government Code section 3513(c) and to a supervisory employee as defined in Government Code section 3513(g) to work as a temporary employee of an employee organization as defined in Government Code sections 3513(a) and 3527(d) in accordance with the following:
(1) The appointing power shall be reimbursed by the organization for the full amount of the excluded employee's salary, plus an additional amount equal to the full cost of state-provided employee benefits, as determined by the Department, for all time the excluded employee is off on a reimbursable paid leave of absence. Full reimbursement shall be made by the organization no later than six months after the leave terminates.
(2) An excluded employee granted a reimbursable paid leave of absence shall have no right to return earlier than the agreed-upon date without prior approval of the appointing power.
(3) A reimbursable paid leave of absence may be terminated at any time by the appointing power. The appointing power shall endeavor to give 14 calendar days' advance notice before terminating the leave.
(4) An excluded employee granted a reimbursable paid leave of absence shall have the right to return to his/her former position upon termination of the leave. The term "former position" is defined in Government Code section 18522.
(5) An excluded employee granted a reimbursable paid leave of absence shall experience no loss of compensation or benefits.
(6) Whether time on a reimbursable paid leave of absence is to be credited for merit purposes shall be determined by the State Personnel Board.
(7) Excluded employees granted a reimbursable paid leave of absence shall waive any and all claims against the state for workers' compensation and industrial disability leave benefits for injuries sustained while on leave. The organization shall indemnify and hold the state harmless from any workers' compensation liability and cost of legal defense incurred in the course of such proceedings.

Cal. Code Regs. Tit. 2, § 599.793

1. New section filed by the Department of Personnel Administration with Secretary of State on 12-30-87; operative 12-30-87. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 7).
2. Change without regulatory effect amending section heading and text, and NOTE filed 7-17-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 29).
3. 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).

Note: Authority cited: Sections 3539.5, 18502 and 19815.4(d), Government Code. Reference: Section 19991.10, Government Code.

1. New section filed by the Department of Personnel Administration with Secretary of State on 12-30-87; operative 12-30-87. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 7).
2. Change without regulatory effect amending section heading and text, and Note filed 7-17-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 29).
3. 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).