California Code of Regulations
Title 2 - Administration
Division 1 - Administrative Personnel
Chapter 3 - Department of Human Resources
Subchapter 1 - General Civil Service Rules
Article 26 - Employee Benefits - Excluded Employees
Section 599.925 - Catastrophic Leave - Excluded Employees

Universal Citation: 2 CA Code of Regs 599.925

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

At the discretion of the appointing power, excluded employees as defined in Government Code section 3527(b) will be permitted to transfer eligible leave credits to an excluded employee when a catastrophic illness or injury occurs.

(a) The following definitions shall be used in the application of this regulation:

(1) Catastrophic illness or injury is defined as an illness or injury which is expected to incapacitate the employee and which creates a financial hardship because the employee has exhausted all of his/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/her sick leave and other paid time off.

(2) Eligible leave credits include annual leave, vacation, compensating time off (CTO) and/or holiday leave credits. They do not include sick leave.

(b) Eligible leave credits may be donated for a catastrophic illness or injury if all the following requirements are met:

(1) upon the request of an employee;

(2) upon determination by the agency director (or his/her designee) that the employee in the agency is unable to work due to the employee's or family member's catastrophic illness or injury; and,

(3) the employee has exhausted all paid leave credit.

(c) If the transfer of eligible leave credits is approved by the agency's director or designee, any excluded employee in that agency may, upon written notice to the personnel office, donate eligible leave credits at a minimum 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 agency should assure 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. Transfer of eligible leave credits may be interagency in accordance with the policies of the receiving agency.

(d) In order to receive donated leave credits, an excluded employee must provide appropriate verification of illness or injury as determined by the agency. An excluded employee eligible for this program will have any time that is donated credited to his/her account in one-hour increments. Donated credits will 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 twelve (12) continuous months for any one catastrophic illness. The total amount of leave credits donated may not exceed an amount sufficient to insure the continuance of regular compensation. All such transfers are irrevocable. An excluded employee who receives time through this program shall use any leave credits he/she continues to accrue on a monthly basis prior to receiving time from this program.

1. New section filed by the Department of Personnel Administration with the Secretary of State on 9-6-85; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 85, No. 41).
2. Amendment filed by the Department of Personnel Administration with the Secretary of State on 11-1-88; operative 11-1-88. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 52).
3. Amendment filed by the Department of Personnel Administration with the Secretary of State on 4-5-89; operative 4-5-89. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 89, No. 19).
4. Amendment of section filed 5-29-91; operative 5-29-91. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 91, No. 43).
5. Amendment of section heading, opening paragraph and subsections (c)-(d) filed 5-12-93; operative 5-12-93. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 93, No. 20).
6. Amendment of subsections (c) and (d) filed 8-1-97; operative 8-1-97. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 97, No. 31).
7. Editorial correction of HISTORY 3 (Register 2006, No. 3).
8. Amendment of subsections (b) and (c) and amendment of NOTE filed 12-30-2005; operative 12-30-2005. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 2006, No. 3).
9. 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 19991.13, Government Code. Reference: Section 3539.5, Government Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.