Section 599.913 - Transfer of Leave CreditsAt the discretion of the appointing power, excluded employees as defined in section 599.615(b) of these regulations, shall be permitted to transfer eligible leave credits between family members to care for a family member or another person residing in the immediate household.
(a) Eligible leave credits include annual leave, vacation, compensating time off (CTO), personal leave, and/or holiday credits. They do no include sick leave.(b) Eligible leave credits may be transferred by a child, parent, spouse, domestic partner that has been certified with the Secretary of State's Office in accordance with AB 26 (Chapter 588, Statutes of 1999 et seq.), brother, sister, or other person residing in the immediate household.(c) Eligible leave credits may be transferred between family members to care for the family member's child, parent, spouse, or domestic partner that has been certified with the Secretary of State's Office in accordance with AB 26 (Chapter 588, Statutes of 1999 et seq.), brother, sister, or other person residing in the immediate household who has a serious health condition, for the employee's own serious health condition as defined by the Family Medical Leave Act (FMLA), or for parental leave to care for a newborn or adopted child.(d) To be eligible to receive leave credits, the receiving employee must have exhausted all of his/her leave credits.(e) The donating employee must maintain a minimum balance of 80 hours of paid leave time.(f) Transfer of eligible leave credits may be interagency in accordance with the policies of the receiving agency.(g) Donations must be in one-hour increments and will be reflected as an hour-for-hour addition to the vacation or annual leave balance of the receiving employee.(h) Use of donated credits shall normally not exceed a maximum of three (3) months. However, if approved by the receiving agency, the total leave credits received may be up to six (6) months.(i) Donations shall be made on a form to be supplied by the employee's agency, signed by the donating employee, and verified by the donating agency. When donations are used, they will be processed based on date and time received (first in, first used). Unused donations shall be returned to the appropriate donor.Cal. Code Regs. Tit. 2, § 599.913
1. New section filed 10-15-2001; operative 10-15-2001. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 2001, No. 42).
2. New section refiled with amendments 11-27-2001; operative 11-27-2001. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 2001, No. 48).
3. Change without regulatory effect amending first paragraph, subsections (f) and (h)-(i) 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 3539.5, Government Code.
1. New section filed 10-15-2001; operative 10-15-2001. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 2001, No. 42).
2. New section refiled with amendments 11-27-2001; operative 11-27-2001. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 2001, No. 48).
3. Change without regulatory effect amending first paragraph, subsections (f) and (h)-(i) and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).