19991. (a) Upon giving two days' notice to his or her immediate
superior, any state employee otherwise qualified shall be permitted
to take any state civil service examination during working hours, if
the examination is scheduled during such period, or to attend a
meeting of the department or State Personnel Board at which is
scheduled for consideration a matter specifically affecting his or
her position concerning which he or she has requested to be heard,
without deduction of pay or other penalty. Employment interviews for
eligibles on employment lists shall be considered part of the
examination process under this part.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.1. (a) Subject to department rule an appointing power may
grant a leave of absence without pay, to any employee under his or
her jurisdiction for a period not exceeding one year. An extension to
an unpaid leave of absence may be granted by the appointing power
upon the prior approval of the department. A leave so granted assures
to the employee the right to return under the provisions of Section
19143.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.2. (a) The appointing power may grant to an employee under
his or her jurisdiction who has permanent civil service status or a
probationer who immediately preceding his or her appointment to his
or her position held permanent civil service status in the same or
some other class a leave of absence without pay for not to exceed two
years for service in a technical cooperation program as a temporary
employee of another governmental agency, a nonprofit organization, or
a recognized college or university upon the request of the agency.
Within three months of termination of this service, the employee
shall be reinstated to his or her former position pursuant to Section
19143.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.3. (a) Leaves of absence granted for jury duty may be with or
without pay.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.4. Any period of time during which an employee is required to
be absent from his or her position by reason of an injury or disease
for which he or she is entitled to receive temporary disability
compensation under the provisions of Division 4 or 4.5 of the Labor
Code is not a break in his or her continuous service for the purpose
of his or her right to salary adjustments, sick leave, vacation,
annual leave, or seniority.
If an employee is unable to return to work at the time or during
the period he or she is entitled to permanent disability compensation
under Division 4 or 4.5 of the Labor Code, he or she shall be paid
any sick leave balance, vacation balance, annual leave balance, or
accumulated compensable overtime. The payment shall be computed by
projecting the accumulated time on a calendar basis as though the
employee was taking time off. If during the period of projection the
employee is able to return to work, he or she shall be returned to
his or her former position as defined in Section 18522.
If a permanent or probationary employee is still not able to
return to his or her former position and continues to receive
permanent disability compensation, the appointing power shall take at
least one of the actions described in Section 19253.5 or grant a
leave of absence for the period during which the employee receives
permanent disability compensation or is being retrained through
rehabilitation.
If the employee is demoted or transferred pursuant to Section
19253.5 he or she shall receive the maximum of the salary range
provided that salary is not greater than the salary he or she
received on the date his or her accumulated time was exhausted.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.5. (a) The department may permit the Commandant of the
Veterans' Home of California to authorize members of the medical
staff and medical technicians, to include X-ray, clinical laboratory,
and dental laboratory technicians, of the Veterans' Home of
California to attend medical and scientific meetings and medical and
refresher courses, for a period not to exceed 30 days in any one
calendar year, in recognized schools or colleges held in California.
Any member so attending such schooling shall bear his or her own
expenses but there shall be no interruption of normal salary or pay.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.6. (a) Except as provided in subdivision (c), an appointing
power shall grant a leave of absence without pay for the purposes of
pregnancy, childbirth or the recovery therefrom for a period as
determined by the employee not exceeding one year to any permanent
female employee under the jurisdiction of the appointing power. When
the employee has notified the appointing power as to the period of
the leave of absence required, any change in the length of the period
of leave shall not be effective unless approved by the appointing
power.
(b) If the provisions of subdivision (a) are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(c) For an employee who is excluded from the definition of state
employee in subdivision (c) of Section 3513, the following shall
apply:
(1) An appointing power shall grant a female permanent employee's
request for a leave of absence without pay for the purposes of
pregnancy, childbirth, or the recovery therefrom, for a period not to
exceed one year. When the employee has notified the appointing power
as to the period of the leave of absence required, any change in the
length of the period of leave shall not be effective unless approved
by the appointing power.
(2) An appointing power shall grant the request of a male spouse
who is a permanent employee or a male parent who is a permanent
employee for a leave of absence without pay for a period not to
exceed one year to care for his newborn child. When the employee has
notified the appointing power as to the period of the leave of
absence required, any change in the length of the period of leave
shall not be effective unless approved by the appointing power.
(3) An appointing power may grant a permanent employee's request
for a leave of absence without pay for the adoption of a child for a
period not to exceed one year. The employee shall provide
substantiation to support the employee's request for adoption leave.
When the employee has notified the appointing power as to the period
of the leave of absence required, any change in the length of the
period of leave shall not be effective unless approved by the
appointing power.
19991.7. (a) For civil service employees employed in positions
requiring teaching certification qualifications appointing powers may
grant educational leave to attend study sessions at accredited
schools, colleges or programs recommended by a trade advisory council
for the purpose of receiving further instruction in pedagogy,
vocational education, mental health or related fields. Such
educational leave shall be granted with pay and credited to the
employee by accumulation at the rate of 1 1/4 days for each month
worked. Employees on educational leave shall maintain their merit
salary adjustment date and shall receive credit for vacation, sick
leave, educational leave or any other benefit which would normally
accrue during such work period. The time when educational leave shall
be taken shall be determined by the appointing power of the
employee. The department shall provide by rule for the regulation,
accumulation and transfer of educational leave and shall prescribe
the methods by which employees leaving the employment of one state
agency and entering the employment of another state agency may
receive proper credit for their accumulated educational leave
privileges.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.8. During any state military emergency and subject to
department rule, an appointing power may grant a leave of absence
without pay to a permanent or probationary employee under his or her
jurisdiction to:
(a) Engage in civilian warwork pursuant to mandatory order of the
agency of the United States or of the state having authority to make
that order.
(b) Assume active duty in the United States merchant marine.
(c) Assume other duty rather than active duty to fulfill a
military obligation pursuant to mandatory order of the agency of the
United States or of the state having authority to make such order.
(d) Assume active full-time duty for the American Red Cross.
Such a leave shall not exceed the period authorized in the order.
Such a leave assures to the employee reinstatement pursuant to
Section 19143.
19991.9. Any permanent state civil service employee or an employee
serving under another appointment who previously had permanent status
and who, since that permanent status, has had no break in the
continuity of his or her state service, who served in the armed
forces, and who is eligible because of that service for education or
training under applicable state or federal law shall upon application
to his or her appointing power be granted an educational leave of
absence without pay for the period during which he or she receives
that education or training and for three months thereafter. In order
for that leave to be granted or to remain in effect, the employee
must enroll for a minimum of 10 credit hours of post-high-school
grade or the equivalent amount of work on high school level each
school year. No such leave shall remain in effect for longer than
four years and three months of school attendance. A leave so granted
assures to the employee a right of return pursuant to Section 19143.
19991.10. Where there exists no statutory authority to grant a paid
leave of absence, no paid leave of absence shall exceed five working
days without prior approval of the department. This section shall
not be construed to provide or create any classification of paid
leave of absence.
For the purposes of this section, a paid leave of absence does not
include a paid leave authorized by Sections 1230.1, 3518.5, 3522.7,
19252, 19253.5, 19775, 19775.1, 19848, 19853, 19854, 19858.1, 19859,
19863, 19871, 19886.1, 19991.3, and 19991.7 of this code or Section
4800 of the Labor Code.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.11. (a) Subject to subdivision (b), an appointing power shall
grant to an employee, who has exhausted all available sick leave,
the following leaves of absence with pay:
(1) A leave of absence not exceeding 30 days to any employee who
is an organ donor in any one-year period, for the purpose of donating
his or her organ to another person.
(2) A leave of absence not exceeding five days to any employee who
is a bone marrow donor in any one-year period, for the purpose of
donating his or her bone marrow to another person.
(b) In order to receive a leave of absence pursuant to subdivision
(a), an employee shall provide written verification to the
appointing power that he or she is an organ or bone marrow donor and
that there is a medical necessity for the donation of the organ or
bone marrow.
(c) Any period of time during which an employee is required to be
absent from his or her position by reason of being an organ or bone
marrow donor is not a break in his or her continuous service for the
purpose of his or her right to salary adjustments, sick leave,
vacation, annual leave, or seniority.
(d) If an employee is unable to return to work beyond the time or
period that he or she is granted leave pursuant to this section, he
or she shall be paid any vacation balance, annual leave balance, or
accumulated compensable overtime. The payment shall be computed by
projecting the accumulated time on a calendar basis as though the
employee was taking time off. If, during the period of projection,
the employee is able to return to work, he or she shall be returned
to his or her former position as defined in Section 18522.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that, if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.13. (a) At the discretion of the appointing power, excluded
employees as defined in subdivision (b) of Section 3527, may transfer
eligible leave credits to an excluded employee when a catastrophic
illness or injury occurs.
(b) For the purposes of this section, the following terms are
defined as follows:
(1) Catastrophic illness or injury means an illness or injury that
is expected to incapacitate the employee and that creates a
financial hardship because the employee has exhausted all of his or
her sick leave and other paid time off. Catastrophic illness or
injury may also include an incapacitated family member if this
results in the employee being required to take time off from work for
an extended period of time to care for the family member and the
employee has exhausted all of his or her sick leave and other paid
time off.
(2) Eligible leave credits include annual leave, vacation,
compensating time off (CTO), and holiday leave credits, but do not
include sick leave.
(c) Eligible leave credits may be donated for a catastrophic
illness or injury if all of the following requirements are met:
(1) Upon the request of an employee.
(2) Upon determination by the department director that the
employee in the department is unable to work due to the employee's or
family member's catastrophic illness or injury.
(3) The employee has exhausted all paid leave credit.
(d) If catastrophic leave is approved by the department's director
or his or her designee, any excluded employee, upon written notice,
may donate eligible leave credits with a minimum donation of one
hour. Donations thereafter must be in whole hour increments.
Donations will be reflected as an hour-for-hour deduction from the
leave balance of the donating employee. When transferring eligible
leave credits, the state agency should ensure that only credits that
may be needed are transferred. An excluded employee may donate
eligible leave credits to a represented employee and may be the
recipient of eligible leave credits donated by a represented
employee.
(e) In order to receive donated leave credits, an excluded
employee must provide appropriate verification of illness or injury
as determined by the state agency. An excluded employee eligible for
this program shall have any time that is donated credited to his or
her account in one-hour increments. Donated credits shall be
reflected as an hour-for-hour addition to the vacation or annual
leave balance of the receiving employee. Use of donated credits may
not exceed a maximum of 12 continuous months for any one catastrophic
illness. The total amount of leave credits donated may not exceed an
amount sufficient to ensure the continuance of regular compensation.
All transfers of leave credits are irrevocable. An excluded employee
who receives time through this program shall use any leave credits
he or she continues to accrue on a monthly basis prior to receiving
time from this program.
19991.14. (a) If a retired state employee dies from a
nonwork-related illness or injury within 12 months of retirement, a
request may be made to his or her employer to allow state employees
to donate leave credits to a leave bank. This donated leave, not to
exceed fifty thousand dollars ($50,000), shall be cashed out to the
person designated to receive the deceased employee's leave balance.
Donations shall be accepted for 30 days following approval of the
request, except as specified in subdivision (b).
(b) This section shall apply retroactively to any employee who
retired on or after December 1, 2009. Any leave donations for a
retired state employee who died on or before December 31, 2010, shall
be accepted until January 31, 2011.
(c) For the purposes of this section, the following definitions
shall apply:
(1) "Leave" includes annual leave, vacation, holiday, personal
leave, or excess leave.
(2) "Retired state employee" means any retired state employee who
at the time of retirement was a member of a collective bargaining
unit that had bargained for a survivor's benefit that authorizes the
donation of leave credits from employees to a leave bank on behalf of
an employee on pay status who dies from a nonwork-related illness or
injury.
19991. (a) Upon giving two days' notice to his or her immediate
superior, any state employee otherwise qualified shall be permitted
to take any state civil service examination during working hours, if
the examination is scheduled during such period, or to attend a
meeting of the department or State Personnel Board at which is
scheduled for consideration a matter specifically affecting his or
her position concerning which he or she has requested to be heard,
without deduction of pay or other penalty. Employment interviews for
eligibles on employment lists shall be considered part of the
examination process under this part.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.1. (a) Subject to department rule an appointing power may
grant a leave of absence without pay, to any employee under his or
her jurisdiction for a period not exceeding one year. An extension to
an unpaid leave of absence may be granted by the appointing power
upon the prior approval of the department. A leave so granted assures
to the employee the right to return under the provisions of Section
19143.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.2. (a) The appointing power may grant to an employee under
his or her jurisdiction who has permanent civil service status or a
probationer who immediately preceding his or her appointment to his
or her position held permanent civil service status in the same or
some other class a leave of absence without pay for not to exceed two
years for service in a technical cooperation program as a temporary
employee of another governmental agency, a nonprofit organization, or
a recognized college or university upon the request of the agency.
Within three months of termination of this service, the employee
shall be reinstated to his or her former position pursuant to Section
19143.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.3. (a) Leaves of absence granted for jury duty may be with or
without pay.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.4. Any period of time during which an employee is required to
be absent from his or her position by reason of an injury or disease
for which he or she is entitled to receive temporary disability
compensation under the provisions of Division 4 or 4.5 of the Labor
Code is not a break in his or her continuous service for the purpose
of his or her right to salary adjustments, sick leave, vacation,
annual leave, or seniority.
If an employee is unable to return to work at the time or during
the period he or she is entitled to permanent disability compensation
under Division 4 or 4.5 of the Labor Code, he or she shall be paid
any sick leave balance, vacation balance, annual leave balance, or
accumulated compensable overtime. The payment shall be computed by
projecting the accumulated time on a calendar basis as though the
employee was taking time off. If during the period of projection the
employee is able to return to work, he or she shall be returned to
his or her former position as defined in Section 18522.
If a permanent or probationary employee is still not able to
return to his or her former position and continues to receive
permanent disability compensation, the appointing power shall take at
least one of the actions described in Section 19253.5 or grant a
leave of absence for the period during which the employee receives
permanent disability compensation or is being retrained through
rehabilitation.
If the employee is demoted or transferred pursuant to Section
19253.5 he or she shall receive the maximum of the salary range
provided that salary is not greater than the salary he or she
received on the date his or her accumulated time was exhausted.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.5. (a) The department may permit the Commandant of the
Veterans' Home of California to authorize members of the medical
staff and medical technicians, to include X-ray, clinical laboratory,
and dental laboratory technicians, of the Veterans' Home of
California to attend medical and scientific meetings and medical and
refresher courses, for a period not to exceed 30 days in any one
calendar year, in recognized schools or colleges held in California.
Any member so attending such schooling shall bear his or her own
expenses but there shall be no interruption of normal salary or pay.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.6. (a) Except as provided in subdivision (c), an appointing
power shall grant a leave of absence without pay for the purposes of
pregnancy, childbirth or the recovery therefrom for a period as
determined by the employee not exceeding one year to any permanent
female employee under the jurisdiction of the appointing power. When
the employee has notified the appointing power as to the period of
the leave of absence required, any change in the length of the period
of leave shall not be effective unless approved by the appointing
power.
(b) If the provisions of subdivision (a) are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(c) For an employee who is excluded from the definition of state
employee in subdivision (c) of Section 3513, the following shall
apply:
(1) An appointing power shall grant a female permanent employee's
request for a leave of absence without pay for the purposes of
pregnancy, childbirth, or the recovery therefrom, for a period not to
exceed one year. When the employee has notified the appointing power
as to the period of the leave of absence required, any change in the
length of the period of leave shall not be effective unless approved
by the appointing power.
(2) An appointing power shall grant the request of a male spouse
who is a permanent employee or a male parent who is a permanent
employee for a leave of absence without pay for a period not to
exceed one year to care for his newborn child. When the employee has
notified the appointing power as to the period of the leave of
absence required, any change in the length of the period of leave
shall not be effective unless approved by the appointing power.
(3) An appointing power may grant a permanent employee's request
for a leave of absence without pay for the adoption of a child for a
period not to exceed one year. The employee shall provide
substantiation to support the employee's request for adoption leave.
When the employee has notified the appointing power as to the period
of the leave of absence required, any change in the length of the
period of leave shall not be effective unless approved by the
appointing power.
19991.7. (a) For civil service employees employed in positions
requiring teaching certification qualifications appointing powers may
grant educational leave to attend study sessions at accredited
schools, colleges or programs recommended by a trade advisory council
for the purpose of receiving further instruction in pedagogy,
vocational education, mental health or related fields. Such
educational leave shall be granted with pay and credited to the
employee by accumulation at the rate of 1 1/4 days for each month
worked. Employees on educational leave shall maintain their merit
salary adjustment date and shall receive credit for vacation, sick
leave, educational leave or any other benefit which would normally
accrue during such work period. The time when educational leave shall
be taken shall be determined by the appointing power of the
employee. The department shall provide by rule for the regulation,
accumulation and transfer of educational leave and shall prescribe
the methods by which employees leaving the employment of one state
agency and entering the employment of another state agency may
receive proper credit for their accumulated educational leave
privileges.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.8. During any state military emergency and subject to
department rule, an appointing power may grant a leave of absence
without pay to a permanent or probationary employee under his or her
jurisdiction to:
(a) Engage in civilian warwork pursuant to mandatory order of the
agency of the United States or of the state having authority to make
that order.
(b) Assume active duty in the United States merchant marine.
(c) Assume other duty rather than active duty to fulfill a
military obligation pursuant to mandatory order of the agency of the
United States or of the state having authority to make such order.
(d) Assume active full-time duty for the American Red Cross.
Such a leave shall not exceed the period authorized in the order.
Such a leave assures to the employee reinstatement pursuant to
Section 19143.
19991.9. Any permanent state civil service employee or an employee
serving under another appointment who previously had permanent status
and who, since that permanent status, has had no break in the
continuity of his or her state service, who served in the armed
forces, and who is eligible because of that service for education or
training under applicable state or federal law shall upon application
to his or her appointing power be granted an educational leave of
absence without pay for the period during which he or she receives
that education or training and for three months thereafter. In order
for that leave to be granted or to remain in effect, the employee
must enroll for a minimum of 10 credit hours of post-high-school
grade or the equivalent amount of work on high school level each
school year. No such leave shall remain in effect for longer than
four years and three months of school attendance. A leave so granted
assures to the employee a right of return pursuant to Section 19143.
19991.10. Where there exists no statutory authority to grant a paid
leave of absence, no paid leave of absence shall exceed five working
days without prior approval of the department. This section shall
not be construed to provide or create any classification of paid
leave of absence.
For the purposes of this section, a paid leave of absence does not
include a paid leave authorized by Sections 1230.1, 3518.5, 3522.7,
19252, 19253.5, 19775, 19775.1, 19848, 19853, 19854, 19858.1, 19859,
19863, 19871, 19886.1, 19991.3, and 19991.7 of this code or Section
4800 of the Labor Code.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.11. (a) Subject to subdivision (b), an appointing power shall
grant to an employee, who has exhausted all available sick leave,
the following leaves of absence with pay:
(1) A leave of absence not exceeding 30 days to any employee who
is an organ donor in any one-year period, for the purpose of donating
his or her organ to another person.
(2) A leave of absence not exceeding five days to any employee who
is a bone marrow donor in any one-year period, for the purpose of
donating his or her bone marrow to another person.
(b) In order to receive a leave of absence pursuant to subdivision
(a), an employee shall provide written verification to the
appointing power that he or she is an organ or bone marrow donor and
that there is a medical necessity for the donation of the organ or
bone marrow.
(c) Any period of time during which an employee is required to be
absent from his or her position by reason of being an organ or bone
marrow donor is not a break in his or her continuous service for the
purpose of his or her right to salary adjustments, sick leave,
vacation, annual leave, or seniority.
(d) If an employee is unable to return to work beyond the time or
period that he or she is granted leave pursuant to this section, he
or she shall be paid any vacation balance, annual leave balance, or
accumulated compensable overtime. The payment shall be computed by
projecting the accumulated time on a calendar basis as though the
employee was taking time off. If, during the period of projection,
the employee is able to return to work, he or she shall be returned
to his or her former position as defined in Section 18522.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that, if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.13. (a) At the discretion of the appointing power, excluded
employees as defined in subdivision (b) of Section 3527, may transfer
eligible leave credits to an excluded employee when a catastrophic
illness or injury occurs.
(b) For the purposes of this section, the following terms are
defined as follows:
(1) Catastrophic illness or injury means an illness or injury that
is expected to incapacitate the employee and that creates a
financial hardship because the employee has exhausted all of his or
her sick leave and other paid time off. Catastrophic illness or
injury may also include an incapacitated family member if this
results in the employee being required to take time off from work for
an extended period of time to care for the family member and the
employee has exhausted all of his or her sick leave and other paid
time off.
(2) Eligible leave credits include annual leave, vacation,
compensating time off (CTO), and holiday leave credits, but do not
include sick leave.
(c) Eligible leave credits may be donated for a catastrophic
illness or injury if all of the following requirements are met:
(1) Upon the request of an employee.
(2) Upon determination by the department director that the
employee in the department is unable to work due to the employee's or
family member's catastrophic illness or injury.
(3) The employee has exhausted all paid leave credit.
(d) If catastrophic leave is approved by the department's director
or his or her designee, any excluded employee, upon written notice,
may donate eligible leave credits with a minimum donation of one
hour. Donations thereafter must be in whole hour increments.
Donations will be reflected as an hour-for-hour deduction from the
leave balance of the donating employee. When transferring eligible
leave credits, the state agency should ensure that only credits that
may be needed are transferred. An excluded employee may donate
eligible leave credits to a represented employee and may be the
recipient of eligible leave credits donated by a represented
employee.
(e) In order to receive donated leave credits, an excluded
employee must provide appropriate verification of illness or injury
as determined by the state agency. An excluded employee eligible for
this program shall have any time that is donated credited to his or
her account in one-hour increments. Donated credits shall be
reflected as an hour-for-hour addition to the vacation or annual
leave balance of the receiving employee. Use of donated credits may
not exceed a maximum of 12 continuous months for any one catastrophic
illness. The total amount of leave credits donated may not exceed an
amount sufficient to ensure the continuance of regular compensation.
All transfers of leave credits are irrevocable. An excluded employee
who receives time through this program shall use any leave credits
he or she continues to accrue on a monthly basis prior to receiving
time from this program.
19991.14. (a) If a retired state employee dies from a
nonwork-related illness or injury within 12 months of retirement, a
request may be made to his or her employer to allow state employees
to donate leave credits to a leave bank. This donated leave, not to
exceed fifty thousand dollars ($50,000), shall be cashed out to the
person designated to receive the deceased employee's leave balance.
Donations shall be accepted for 30 days following approval of the
request, except as specified in subdivision (b).
(b) This section shall apply retroactively to any employee who
retired on or after December 1, 2009. Any leave donations for a
retired state employee who died on or before December 31, 2010, shall
be accepted until January 31, 2011.
(c) For the purposes of this section, the following definitions
shall apply:
(1) "Leave" includes annual leave, vacation, holiday, personal
leave, or excess leave.
(2) "Retired state employee" means any retired state employee who
at the time of retirement was a member of a collective bargaining
unit that had bargained for a survivor's benefit that authorizes the
donation of leave credits from employees to a leave bank on behalf of
an employee on pay status who dies from a nonwork-related illness or
injury.
19991. (a) Upon giving two days' notice to his or her immediate
superior, any state employee otherwise qualified shall be permitted
to take any state civil service examination during working hours, if
the examination is scheduled during such period, or to attend a
meeting of the department or State Personnel Board at which is
scheduled for consideration a matter specifically affecting his or
her position concerning which he or she has requested to be heard,
without deduction of pay or other penalty. Employment interviews for
eligibles on employment lists shall be considered part of the
examination process under this part.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.1. (a) Subject to department rule an appointing power may
grant a leave of absence without pay, to any employee under his or
her jurisdiction for a period not exceeding one year. An extension to
an unpaid leave of absence may be granted by the appointing power
upon the prior approval of the department. A leave so granted assures
to the employee the right to return under the provisions of Section
19143.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.2. (a) The appointing power may grant to an employee under
his or her jurisdiction who has permanent civil service status or a
probationer who immediately preceding his or her appointment to his
or her position held permanent civil service status in the same or
some other class a leave of absence without pay for not to exceed two
years for service in a technical cooperation program as a temporary
employee of another governmental agency, a nonprofit organization, or
a recognized college or university upon the request of the agency.
Within three months of termination of this service, the employee
shall be reinstated to his or her former position pursuant to Section
19143.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.3. (a) Leaves of absence granted for jury duty may be with or
without pay.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.4. Any period of time during which an employee is required to
be absent from his or her position by reason of an injury or disease
for which he or she is entitled to receive temporary disability
compensation under the provisions of Division 4 or 4.5 of the Labor
Code is not a break in his or her continuous service for the purpose
of his or her right to salary adjustments, sick leave, vacation,
annual leave, or seniority.
If an employee is unable to return to work at the time or during
the period he or she is entitled to permanent disability compensation
under Division 4 or 4.5 of the Labor Code, he or she shall be paid
any sick leave balance, vacation balance, annual leave balance, or
accumulated compensable overtime. The payment shall be computed by
projecting the accumulated time on a calendar basis as though the
employee was taking time off. If during the period of projection the
employee is able to return to work, he or she shall be returned to
his or her former position as defined in Section 18522.
If a permanent or probationary employee is still not able to
return to his or her former position and continues to receive
permanent disability compensation, the appointing power shall take at
least one of the actions described in Section 19253.5 or grant a
leave of absence for the period during which the employee receives
permanent disability compensation or is being retrained through
rehabilitation.
If the employee is demoted or transferred pursuant to Section
19253.5 he or she shall receive the maximum of the salary range
provided that salary is not greater than the salary he or she
received on the date his or her accumulated time was exhausted.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.5. (a) The department may permit the Commandant of the
Veterans' Home of California to authorize members of the medical
staff and medical technicians, to include X-ray, clinical laboratory,
and dental laboratory technicians, of the Veterans' Home of
California to attend medical and scientific meetings and medical and
refresher courses, for a period not to exceed 30 days in any one
calendar year, in recognized schools or colleges held in California.
Any member so attending such schooling shall bear his or her own
expenses but there shall be no interruption of normal salary or pay.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.6. (a) Except as provided in subdivision (c), an appointing
power shall grant a leave of absence without pay for the purposes of
pregnancy, childbirth or the recovery therefrom for a period as
determined by the employee not exceeding one year to any permanent
female employee under the jurisdiction of the appointing power. When
the employee has notified the appointing power as to the period of
the leave of absence required, any change in the length of the period
of leave shall not be effective unless approved by the appointing
power.
(b) If the provisions of subdivision (a) are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(c) For an employee who is excluded from the definition of state
employee in subdivision (c) of Section 3513, the following shall
apply:
(1) An appointing power shall grant a female permanent employee's
request for a leave of absence without pay for the purposes of
pregnancy, childbirth, or the recovery therefrom, for a period not to
exceed one year. When the employee has notified the appointing power
as to the period of the leave of absence required, any change in the
length of the period of leave shall not be effective unless approved
by the appointing power.
(2) An appointing power shall grant the request of a male spouse
who is a permanent employee or a male parent who is a permanent
employee for a leave of absence without pay for a period not to
exceed one year to care for his newborn child. When the employee has
notified the appointing power as to the period of the leave of
absence required, any change in the length of the period of leave
shall not be effective unless approved by the appointing power.
(3) An appointing power may grant a permanent employee's request
for a leave of absence without pay for the adoption of a child for a
period not to exceed one year. The employee shall provide
substantiation to support the employee's request for adoption leave.
When the employee has notified the appointing power as to the period
of the leave of absence required, any change in the length of the
period of leave shall not be effective unless approved by the
appointing power.
19991.7. (a) For civil service employees employed in positions
requiring teaching certification qualifications appointing powers may
grant educational leave to attend study sessions at accredited
schools, colleges or programs recommended by a trade advisory council
for the purpose of receiving further instruction in pedagogy,
vocational education, mental health or related fields. Such
educational leave shall be granted with pay and credited to the
employee by accumulation at the rate of 1 1/4 days for each month
worked. Employees on educational leave shall maintain their merit
salary adjustment date and shall receive credit for vacation, sick
leave, educational leave or any other benefit which would normally
accrue during such work period. The time when educational leave shall
be taken shall be determined by the appointing power of the
employee. The department shall provide by rule for the regulation,
accumulation and transfer of educational leave and shall prescribe
the methods by which employees leaving the employment of one state
agency and entering the employment of another state agency may
receive proper credit for their accumulated educational leave
privileges.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.8. During any state military emergency and subject to
department rule, an appointing power may grant a leave of absence
without pay to a permanent or probationary employee under his or her
jurisdiction to:
(a) Engage in civilian warwork pursuant to mandatory order of the
agency of the United States or of the state having authority to make
that order.
(b) Assume active duty in the United States merchant marine.
(c) Assume other duty rather than active duty to fulfill a
military obligation pursuant to mandatory order of the agency of the
United States or of the state having authority to make such order.
(d) Assume active full-time duty for the American Red Cross.
Such a leave shall not exceed the period authorized in the order.
Such a leave assures to the employee reinstatement pursuant to
Section 19143.
19991.9. Any permanent state civil service employee or an employee
serving under another appointment who previously had permanent status
and who, since that permanent status, has had no break in the
continuity of his or her state service, who served in the armed
forces, and who is eligible because of that service for education or
training under applicable state or federal law shall upon application
to his or her appointing power be granted an educational leave of
absence without pay for the period during which he or she receives
that education or training and for three months thereafter. In order
for that leave to be granted or to remain in effect, the employee
must enroll for a minimum of 10 credit hours of post-high-school
grade or the equivalent amount of work on high school level each
school year. No such leave shall remain in effect for longer than
four years and three months of school attendance. A leave so granted
assures to the employee a right of return pursuant to Section 19143.
19991.10. Where there exists no statutory authority to grant a paid
leave of absence, no paid leave of absence shall exceed five working
days without prior approval of the department. This section shall
not be construed to provide or create any classification of paid
leave of absence.
For the purposes of this section, a paid leave of absence does not
include a paid leave authorized by Sections 1230.1, 3518.5, 3522.7,
19252, 19253.5, 19775, 19775.1, 19848, 19853, 19854, 19858.1, 19859,
19863, 19871, 19886.1, 19991.3, and 19991.7 of this code or Section
4800 of the Labor Code.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.11. (a) Subject to subdivision (b), an appointing power shall
grant to an employee, who has exhausted all available sick leave,
the following leaves of absence with pay:
(1) A leave of absence not exceeding 30 days to any employee who
is an organ donor in any one-year period, for the purpose of donating
his or her organ to another person.
(2) A leave of absence not exceeding five days to any employee who
is a bone marrow donor in any one-year period, for the purpose of
donating his or her bone marrow to another person.
(b) In order to receive a leave of absence pursuant to subdivision
(a), an employee shall provide written verification to the
appointing power that he or she is an organ or bone marrow donor and
that there is a medical necessity for the donation of the organ or
bone marrow.
(c) Any period of time during which an employee is required to be
absent from his or her position by reason of being an organ or bone
marrow donor is not a break in his or her continuous service for the
purpose of his or her right to salary adjustments, sick leave,
vacation, annual leave, or seniority.
(d) If an employee is unable to return to work beyond the time or
period that he or she is granted leave pursuant to this section, he
or she shall be paid any vacation balance, annual leave balance, or
accumulated compensable overtime. The payment shall be computed by
projecting the accumulated time on a calendar basis as though the
employee was taking time off. If, during the period of projection,
the employee is able to return to work, he or she shall be returned
to his or her former position as defined in Section 18522.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that, if those provisions
of a memorandum of understanding require the expenditure of funds,
the provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
19991.13. (a) At the discretion of the appointing power, excluded
employees as defined in subdivision (b) of Section 3527, may transfer
eligible leave credits to an excluded employee when a catastrophic
illness or injury occurs.
(b) For the purposes of this section, the following terms are
defined as follows:
(1) Catastrophic illness or injury means an illness or injury that
is expected to incapacitate the employee and that creates a
financial hardship because the employee has exhausted all of his or
her sick leave and other paid time off. Catastrophic illness or
injury may also include an incapacitated family member if this
results in the employee being required to take time off from work for
an extended period of time to care for the family member and the
employee has exhausted all of his or her sick leave and other paid
time off.
(2) Eligible leave credits include annual leave, vacation,
compensating time off (CTO), and holiday leave credits, but do not
include sick leave.
(c) Eligible leave credits may be donated for a catastrophic
illness or injury if all of the following requirements are met:
(1) Upon the request of an employee.
(2) Upon determination by the department director that the
employee in the department is unable to work due to the employee's or
family member's catastrophic illness or injury.
(3) The employee has exhausted all paid leave credit.
(d) If catastrophic leave is approved by the department's director
or his or her designee, any excluded employee, upon written notice,
may donate eligible leave credits with a minimum donation of one
hour. Donations thereafter must be in whole hour increments.
Donations will be reflected as an hour-for-hour deduction from the
leave balance of the donating employee. When transferring eligible
leave credits, the state agency should ensure that only credits that
may be needed are transferred. An excluded employee may donate
eligible leave credits to a represented employee and may be the
recipient of eligible leave credits donated by a represented
employee.
(e) In order to receive donated leave credits, an excluded
employee must provide appropriate verification of illness or injury
as determined by the state agency. An excluded employee eligible for
this program shall have any time that is donated credited to his or
her account in one-hour increments. Donated credits shall be
reflected as an hour-for-hour addition to the vacation or annual
leave balance of the receiving employee. Use of donated credits may
not exceed a maximum of 12 continuous months for any one catastrophic
illness. The total amount of leave credits donated may not exceed an
amount sufficient to ensure the continuance of regular compensation.
All transfers of leave credits are irrevocable. An excluded employee
who receives time through this program shall use any leave credits
he or she continues to accrue on a monthly basis prior to receiving
time from this program.
19991.14. (a) If a retired state employee dies from a
nonwork-related illness or injury within 12 months of retirement, a
request may be made to his or her employer to allow state employees
to donate leave credits to a leave bank. This donated leave, not to
exceed fifty thousand dollars ($50,000), shall be cashed out to the
person designated to receive the deceased employee's leave balance.
Donations shall be accepted for 30 days following approval of the
request, except as specified in subdivision (b).
(b) This section shall apply retroactively to any employee who
retired on or after December 1, 2009. Any leave donations for a
retired state employee who died on or before December 31, 2010, shall
be accepted until January 31, 2011.
(c) For the purposes of this section, the following definitions
shall apply:
(1) "Leave" includes annual leave, vacation, holiday, personal
leave, or excess leave.
(2) "Retired state employee" means any retired state employee who
at the time of retirement was a member of a collective bargaining
unit that had bargained for a survivor's benefit that authorizes the
donation of leave credits from employees to a leave bank on behalf of
an employee on pay status who dies from a nonwork-related illness or
injury.
