California Code of Regulations
Title 2 - Administration
Division 1 - Administrative Personnel
Chapter 3 - Department of Human Resources
Subchapter 1 - General Civil Service Rules
Article 16 - Classification
Section 599.810 - Out-of-Class Assignments - Excluded Employees

Universal Citation: 2 CA Code of Regs 599.810

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) For the purposes of this section:

(1) "Excluded employee" means an employee as defined in Government Code section 3527(b) (Ralph C. Dills Act) except those excluded employees who are designated managerial pursuant to Government Code section 18801.1.

(2) "Out-of-class work" is defined as, more than 50 percent of the time, performing the full range of duties and responsibilities allocated to an existing class and not allocated to the class in which the person has a current, legal appointment.

(3) A higher classification is one with a salary range maximum that is any amount higher than the salary range maximum of the classification to which the employee is appointed.

(b) As specified in subsection (d) below, excluded employees may be compensated for performing duties of a higher classification provided that:

(1) the assignment is made in advance in writing and the excluded employee is given a copy of the assignment; and,

(2) the appointing power certifies that funds are available within its current budget; and,

(3) the duties performed by the excluded employee are not described in a training and development assignment or by the specification for the class to which the excluded employee is appointed and, further, taken as a whole are fully consistent with the types of jobs described in the specification for the higher classification; and

(4) the excluded employee does not perform such duties for more than 120 calendar days in a fiscal year, except as provided in subsection (e) below.

(c) There shall be no compensation under this regulation for assignments that last for 15 consecutive working days or less.

(d) An excluded employee performing in a higher class for more than 15 consecutive working days shall receive the rate of pay the excluded employee would receive if appointed to the higher class for the entire duration of the assignment, not to exceed one year.

(e) An excluded employee may be assigned out-of-class work for more than 120 calendar days during any 12-month period only if the appointing power or his or her designee files a written statement with the Department certifying that the additional out-of-class work is required to meet a need that cannot be met through other administrative or civil service alternatives. Such assignments shall be subject to termination by the Department upon a finding that reasonable alternatives do exist.

(f) Pay differentials received under this regulation shall not be part of an excluded employee's base pay for the purpose of merit salary adjustments or other salary transactions related to subsequent appointments and separations.

(g) Paid time off shall not break the continuity of work in a higher class for the purposes of this regulation.

1. New section filed by Department of Personnel Administration with the Secretary of State on 5-23-86; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 86, No. 26).
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. Amendment filed 5-12-98; operative 5-12-98. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 98, No. 20).
4. 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, 19815.4(d) and 19820, Government Code. Reference: Section 3539.5, Government Code.

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