Cal. Code Regs. tit. 2 § 599.623

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 599.623 - Miscellaneous Meal Expenses - Excluded Employees

The following language is effective October 1, 2024:

(a) Overtime Meals. When an employee assigned to Work Week Group 2 is required to work overtime, the employee may receive an overtime meal reimbursement of up to $8. To be eligible, the excluded employee must be required to report to work at least two hours prior to or remain at least two hours past the employee's regularly scheduled work day, or work a minimum of 10 hours on a regularly scheduled day off or holiday.

When required to work for extended periods of time, the excluded employee may be reimbursed for meal expenses prescribed herein for each additional six-hours of overtime worked. No more than three overtime meal allowances may be claimed during any 24-hour period. The meal time itself shall not be included in the computation of overtime for purposes of this section.

In lieu of overtime meal reimbursement, agencies operating food service facilities may furnish an overtime meal to an excluded employee. Agencies shall maintain a record of all meals furnished for this purpose. An excluded employee may not claim reimbursement for an overtime meal or be furnished a meal free of charge if claiming travel meals.

Meals for Extended Arduous Work. On those rare occasions when an employee who is in a work week group other than Work Week Group 2 would be required to physically or mentally work 10 hours or more (not including any breaks for meals) for an extended period of time, the employee, with approval of the appointing power, may claim the actual cost of an arduous work meal up to $8. Such meals should only be approved when it is clear that the work schedule is consistently in excess of a normal full-time schedule. Occasional extra hours worked, consistent with the nature of an other than Work Week Group 2 work schedule, do not meet the criteria for Extended Arduous Work Meals.

(b) Business-Related Meals. This section is intended to allow an agency to reimburse employees for meal expenses in the limited number of instances where they are required to incur such expenses in connection with the conduct of official state business with a person or persons from outside state government.

When it is necessary for an excluded employee to conduct official state business during a meal, the employee may be reimbursed for actual meal expenses, supported by a receipt, up to the maximums prescribed in section 599.619(a)(1) of these regulations. Claims must include the establishment, the persons in attendance, the business conducted and the reason why the business had to be conducted during the meal period.

Business meals are not reimbursable when agencies call meetings with their own and/or other agency employees to conduct state business.

(1) To claim reimbursement for a business-related meal, the circumstances surrounding the meal must be beyond the control of the excluded employee and it must be impractical to complete the business during normal working hours, such as:

(A) to conduct state business with a person or persons from outside state service when availability of the person or persons is limited and it is imperative that business is conducted during the meal period, or

(B) to attend a board or commission meeting where attendance is mandatory and there is no adjournment during the meal period.

(2) Claims for meal expenses where business is incidental to the meal or the attendance of the excluded employee is primarily for public or community relations are specifically prohibited.

(c) Meals of Appointees. Members of non-salaried boards, commissions, and duly constituted advisory committees may be reimbursed for actual expenses up to the maximums prescribed in section 599.619(a)(1) of these regulations when attending board, commission, and committee meetings. The restrictions of section 599.616.1 of these regulations do not apply. Appointees may not claim reimbursement for meals if they are also claiming subsistence allowance while on travel status.

While on travel status other than attending board, commission or committee meetings, appointees may be reimbursed for expenses prescribed in section 599.619 of these regulations.

(d) Excluded employees of the Department of Forestry and Fire Protection engaged in emergency fire suppression activities may be reimbursed for actual meal expenses without regard to mileage and time-frame limitations to the extent that circumstances reasonably require such an exception. Emergency fire suppression activities are defined as actions taken under emergency conditions to extinguish uncontrolled fires, which threaten to destroy life, property, or resources.

(e) Agencies operating facilities for feeding officers, employees and official guests may furnish an official guest meal to an employee. Agencies shall maintain a record of all guest meals furnished for this purpose. An employee may not claim reimbursement for a travel or overtime meal that has been provided as a guest meal.

Cal. Code Regs. Tit. 2, § 599.623

Note: Authority cited: Sections 3539.5, 18502, 19815.4(d) and 19820, Government Code. Reference: Section 11030, Government Code.

1. Repealer and new section filed by Department of Personnel Administration with the Secretary of State on 9-9-85; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 85, No. 41).
2. Correction of History 1. (Register 86, No. 28).
3. Amendment filed by Department of Personnel Administration with the Secretary of State on 6-27-88 pursuant to Government Code section 3539.5. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 31).
4. Amendment filed 12-31-91 with Secretary of State by Department of Personnel Administration; operative 12-31-91. Submitted to OAL for printing only pursuant to Government Code 3539.5 (Register 92, No. 12).
5. Amendment of section heading and section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).
6. Amendment of subsection (c) filed 10-28-99; operative 11-2-99. Submitted to OAL for printing only (Register 99, No. 51). At the request of DPA pursuant to Government Code section 3539.5, OAL is directing the printing of this regulation in the CCR. Title 1, CCR, section 6(b)(2)(F)1 defines "print only" regulations as "regulations adopted pursuant to the requirements of the APA, but which are expressly exempted by statute from OAL review . . . ." (Emphasis added.) In complying with DPA's request, OAL makes no determination concerning whether or not DPA has met the statutory requirements for adoption of regulations set forth in Government Code sections 11346- 11347.3, including but not limited to public notice and comment. See 1998 OAL Determination No. 40 (Department of Personnel Administration, 96-008, December 9, 1998), California Regulatory Notice Register 99, No. 3-Z, January 15, 1999, p. 139, at p. 145; typewritten version, p. 18.
7. 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).
8. New first paragraph and amendment of subsections (a), (b) and (c)-(d) filed 9-25-2024; operative 9/25/2024 pursuant to Government Code section 3539.5(b). Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5(b) (Register 2024, No. 39).