Section 599.937.3 - Extended Personal Leave - Excluded Employees(a) Notwithstanding the time limits described in section 599.937 of these regulations, upon the determination of the Department, the Department may implement a Personal Leave program. The Department shall determine the duration of each Personal Leave program.(b) The definition of excluded employee as described in subsections 599.937(a)(1) and (a)(2) of these regulations shall be the same for each Personal Leave program.(c) Each full-time employee identified by the Department as eligible shall be required to participate in the Personal Leave program. Each full-time employee shall be credited with eight (8) hours of personal leave on the first day of the following monthly pay period for each month in a Personal Leave program. Participation in a Personal Leave program shall not affect an employee's salary range of rate; however, each full-time employee shall continue to work his/her assigned work schedule and the employee shall have a reduction in pay, approximately 5 percent (varies due to rounding purposes), for each pay period the employee is in a Personal Leave program.(d) At the discretion of the appointing authority, with approval from the Department, all or a portion of unused personal leave credits may be cashed out at the employee's salary rate in effect when such payment is made. This may occur during or after the conclusion of a Personal Leave program, or upon termination from state employment. The application of this cash out provision may differ from agency to agency and from employee to employee. Upon termination, the employee shall be paid for unused personal leave credits in the same manner as vacation or annual leave. Cash out or lump sum payment for any personal leave credits shall not be considered as "compensation" for purposes of retirement.(e) The provisions described in subsections 599.937(c), (e), (f), (g), (h), (k), and (l) shall apply to excluded employees in a Personal Leave program.(f) Part-time employees shall be subject to the same conditions as stated above and will receive credit on a prorated basis regardless of the number of hours in the pay period consistent with the chart below: Part-Time or Fractional Chart |
|
Time Base | Personal Leave Credits |
| 1/10 | 1 |
| 1/8 | 1 |
| 1/5 | 2 |
| 1/4 | 2 |
| 3/10 | 3 |
| 3/8 | 3 |
| 2/5 | 4 |
| 1/2 | 4 |
| 3/5 | 5 |
| 5/8 | 5 |
| 7/10 | 6 |
| 3/4 | 6 |
| 4/5 | 7 |
| 7/8 | 7 |
| 9/10 | 8 |
(g) Intermittent or hourly paid employees shall be subject to the same conditions as stated above and will receive credit based upon the number of hours worked in the monthly pay period as stated in the chart below. Hours Worked During Pay Period | Personal Leave Credit |
| |
| 11-30.99 | 1 |
| 31-50.99 | 2 |
| 51-70.99 | 3 |
| 71-90.99 | 4 |
| 91-110.99 | 5 |
| 111-130.99 | 6 |
| 131-150.99 | 7 |
| 151 or over | 8 |
(h) Employees shall remain in a Personal Leave program until the Department terminates the program. Personal leave credit for the salary reduction shall be granted to the employee on a month-for-month basis on the date a Personal Leave program becomes applicable to the employee.Cal. Code Regs. Tit. 2, § 599.937.3
1. New section filed 10-1-2003; operative 10-1-2003. Submitted to OAL for printing only (Register 2003, No. 46).
2. 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 and 19815.4(d), Government Code. Reference: Section 3539.5, Government Code.
1. New section filed 10-1-2003; operative 10-1-2003. Submitted to OAL for printing only (Register 2003, No. 46).
2. 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).