Government Code — Part 23 | GOV — United States — California law | Esheria

Government Code

Part 23 of 107 · provisions 4,401–4,600

This act is named the Government Code.

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About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

Showing 200 of 21,333

  1. 19702.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. )

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    Hiring and promotion under this part must conform to the Federal Civil Rights Act of 1964.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19702.1. Hiring and promotion pursuant to this part shall conform to the Federal Civil Rights Act of 1964. (Added by Stats. 1972, Ch. 915.)
  2. 19702.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. )

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    Job-relatedness is required: non-job-related educational prerequisites, tests, or evaluation methods may not be used in hiring or promotions unless there is no adverse effect.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19702.2. Educational prerequisites or testing or evaluation methods which are not job-related shall not be employed as part of hiring practices or promotional practices conducted pursuant to this part unless there is no adverse effect. Nothing in this section shall be interpreted to limit the authority of the State Personnel Board regarding the state merit selection and examining program under Article VII of the California Constitution and this division. (Amended by Stats. 1985, Ch. 794, Sec. 34.)
  3. 19702.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. )

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    An appointing authority must not refuse to hire, discharge, suspend, expel, or discriminate against a person because of family care leave rights or related testimony/information.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19702.3. (a) An appointing authority shall not refuse to hire, and shall not discharge, suspend, expel, or discriminate against, any individual because of any of the following: (1) An individual’s exercise of the right to family care leave provided by subdivision (a) of Section 12945.2. (2) An individual’s giving information or testimony as to his or her own family care leave, or another person’s family care leave, in any inquiry or proceeding related to rights guaranteed under Section 12945.2. (b) This section shall not be construed to require any changes in existing collective bargaining agreements during the life of the contract, or until January 1, 1993, whichever occurs first. (Amended by Stats. 1994, Ch. 1232, Sec. 1. Effective January 1, 1995.)
  4. 19702.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. )

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    The Department of Human Resources must give the Fair Employment and Housing Commission copies of affirmative action plans and later amendments, and must also submit an annual employment survey starting January 1, 1975.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19702.5. (a) The Department of Human Resources shall provide to the Fair Employment and Housing Commission a copy of each affirmative action plan, and all subsequent amendments of such plans, adopted by each state agency, department, office, or commission. (b) The department shall annually, commencing January 1, 1975, submit to the Fair Employment and Housing Commission a statistical survey of the employment of each state agency, department, office, or commission. The survey shall include, but not be limited to: sex, age, ethnic origin, current employment classification, salary, full-time or other employment status, department and administrative unit, and county of employment of employees. (Amended by Stats. 2012, Ch. 360, Sec. 70. (SB 1309) Effective January 1, 2013.)
  5. 19703.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. )

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    This section bars recommendations, questions, or inquiries under the part from addressing political or religious opinions or affiliations, and bars appointments, changes, or removals from positions from being influenced by those opinions or affiliations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19703. A recommendation, question, or inquiry under this part shall not relate to the political or religious opinions or affiliations of any person, and an appointment to, change in, or removal from any position under this part or by rule shall not be in any manner affected or influenced by such opinions or affiliations. (Amended by Stats. 2013, Ch. 427, Sec. 80. (AB 1062) Effective January 1, 2014.)
  6. 19704.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. )

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    This section makes it unlawful to put notations or entries on covered employment-related papers or records that suggest protected-basis information. It also allows limited post-employment collection and retention of ethnic, marital status, and gender data for research or statistics if approved safeguards exist, but not on examination, appointment, or promotion records.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19704. (a) It is unlawful to require, permit, or suffer any notation or entry to be made upon or in any application, examination paper, or other paper, book, document, or record used under this part indicating or in any way suggesting or pertaining to any basis listed in subdivision (a) of Section 12940, as those bases are defined in Sections 12926 and 12926.1. (b) Notwithstanding subdivision (a), subsequent to employment, ethnic, marital status, and gender data may be obtained and maintained for research and statistical purposes when safeguards preventing misuse of the information exist as approved by the Civil Rights Council, except that in no event shall any notation, entry, or record of that data be made on papers or records relating to the examination, appointment, or promotion of an individual. (Amended by Stats. 2022, Ch. 48, Sec. 51. (SB 189) Effective June 30, 2022.)
  7. 19705.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. )

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    The Department of Human Resources may set up a voluntary ethnic data system for state civil service applicants, must add safeguards against discriminatory use, and must report the results annually.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19705. Notwithstanding Section 19704, the Department of Human Resources may, after public hearing, adopt a system in which applicants for employment in the state civil service shall be asked to provide, voluntarily, ethnic data about themselves where such data is determined by the department to be necessary to an assessment of the ethnic and sex fairness of the selection process and to the planning and monitoring of affirmative action efforts. The department shall provide by rule for safeguards to insure that such data shall not be used in a discriminatory manner in the selection process. Ethnic data may be compiled for women and minorities. Ethnic data information gathered pursuant to this section on an individual applicant shall not be available to any interviewer or any officer or employee empowered to make or influence the civil service appointment of such individual. The department shall report annually to the Governor and the Legislature on the results of the selection process as determined by data gathered under this section. (Amended by Stats. 2012, Ch. 360, Sec. 71. (SB 1309) Effective January 1, 2013.)
  8. 19706.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. )

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    State civil service exam application forms must not ask for date of birth or certain education and credential completion dates, except limited age-related cases for birth date entries.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 2. Discrimination [19700 - 19706] ( Article 2 added by Stats. 1945, Ch. 123. ) ## 19706. It is unlawful to require or permit any notation or entry to be made upon or in any state civil service application form for examination regarding the date of birth of an applicant, unless the class for which the examination is being given has established minimum or maximum age limitations as specified on the examination announcement. In any event, it is unlawful to require or permit any notation or entry to be made on a civil service application form for examination with regard to date of completion of high school and G.E.D. high school tests, and dates of completion of certificates of professional or vocational competence, licenses, or membership in professional associations. The state may use existing state civil service application forms for examination prior to printing new forms pursuant to this section, but such printing shall take place no later than June 1, 1977. Subsequent to a bona fide offer of employment of an applicant, the state may ask for information covered under this section in order to verify such information. (Added by Stats. 1976, Ch. 1180.)
  9. 19760.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. Unlawful Employment [19760 - 19765] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 35. )

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    State officers or employees must not issue or authorize state-funded warrants or checks to pay salary or compensation for someone who does not lawfully hold a State civil service position.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. Unlawful Employment [19760 - 19765] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 35. ) ## 19760. It is unlawful for any State officer or employee to draw, sign, issue, or authorize the drawing, signing, or issuing of any warrant or check payable out of State funds, to pay any salary or compensation to any one holding a position in the State civil service, if such person does not lawfully hold such position. (Added by Stats. 1945, Ch. 123.)
  10. 19762.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. Unlawful Employment [19760 - 19765] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 35. )

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    No salary, compensation, or other emolument may be paid to a person appointed to or kept in a position that violates this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. Unlawful Employment [19760 - 19765] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 35. ) ## 19762. No salary, compensation, or other emolument shall be paid to any person appointed to or retained in any position in violation of this part. Any person who wilfully or knowingly approves or makes such a payment is liable for the sum on his official bond. (Added by Stats. 1945, Ch. 123.)
  11. 19763.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. Unlawful Employment [19760 - 19765] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 35. )

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    If the department says a position was filled unlawfully, the officer or employee may not approve or pay salary or other compensation demands for that position unless a court orders it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. Unlawful Employment [19760 - 19765] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 35. ) ## 19763. If the department notifies an officer or employee that any position has been filled in violation of this part or rule, demands for the salary or compensation or other emolument of the position shall not be approved or paid by such officer or employee except upon the order of a court of competent jurisdiction. (Amended by Stats. 2013, Ch. 427, Sec. 81. (AB 1062) Effective January 1, 2014.)
  12. 19764.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. Unlawful Employment [19760 - 19765] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 35. )

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    People who pay civil service compensation in violation of this part or a rule are liable to the State, and the officers, employees, and sureties involved in the warrant are also liable.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. Unlawful Employment [19760 - 19765] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 35. ) ## 19764. Every person who makes a payment of salary, compensation, or other emolument to any person holding a position in the state civil service in violation of this part or rule and any officer or employee who signs, countersigns, or authorizes the signing or countersigning of any warrant for such a payment and the sureties on their official bonds is liable to the State of California therefor. An action to recover such a payment may be maintained in any court of competent jurisdiction of this state, in the name of the people of the state by the Attorney General or by a resident citizen, who is assessed for and is liable to pay, or, within one year before the commencement of such action, has paid a tax in this state. (Amended by Stats. 2013, Ch. 427, Sec. 82. (AB 1062) Effective January 1, 2014.)
  13. 19765.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. Unlawful Employment [19760 - 19765] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 35. )

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    Money recovered in the action must be paid into the State treasury, except that the prevailing party may keep a reasonable sum for attorney fees and taxable costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 10. Prohibitions and Offenses [19680 - 19765] ( Chapter 10 added by Stats. 1945, Ch. 123. ) ## ARTICLE 3. Unlawful Employment [19760 - 19765] ( Heading of Article 3 renumbered from Article 4 by Stats. 1985, Ch. 794, Sec. 35. ) ## 19765. All money recovered in such an action, when collected, shall be paid into the State treasury except that the prevailing party in such an action is entitled to receive for his own use a reasonable sum for attorney fees and the taxable costs of the action. (Added by Stats. 1945, Ch. 123.)
  14. 19770.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 1. General [19770- 19770.] ( Article 1 added by Stats. 1971, Ch. 446. )

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    This section says that, except for one Military and Veterans Code chapter, this part governs military-service leave, related benefits, and reinstatement for executive branch employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 1. General [19770- 19770.] ( Article 1 added by Stats. 1971, Ch. 446. ) ## 19770. (a) With the exception of Chapter 7.5 (commencing with Section 400) of Part 1 of Division 2 of the Military and Veterans Code, this part, rather than provisions of the Military and Veterans Code, governs leave for military service, rights and benefits accrued during that service, and reinstatement after that service, for executive branch employees. (b) For the purposes of this chapter: (1) “Employee” means that term as defined by subdivision (d) of Section 19815. (2) “Civil service employee” means an employee legally holding a position in the state civil service. (3) “Exempt employee” means an employee who is exempt from the state civil service by Section 4 of Article VII of the California Constitution. (Amended by Stats. 2013, Ch. 427, Sec. 83. (AB 1062) Effective January 1, 2014.)
  15. 19771.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 2. Military Leave of Absence [19771 - 19774] ( Article 2 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    The appointing power must grant military leave when active-duty orders are presented, subject to the stated time limits and any controlling memorandum of understanding.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 2. Military Leave of Absence [19771 - 19774] ( Article 2 added by Stats. 1971, Ch. 446. ) ## 19771. (a) Upon presentation of a copy of orders for active duty in the Armed Forces, the National Guard, or the Naval Militia, the appointing power shall grant a military leave of absence for the period of active duty specified in the orders, but not to exceed five years for a permanent, probationary, or exempt employee, or for the remainder of a limited-term employee’s appointment or a temporary employee’s appointment. (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 the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2005, Ch. 151, Sec. 1. Effective January 1, 2006.)
  16. 19771.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 2. Military Leave of Absence [19771 - 19774] ( Article 2 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Members of the State Guard must be given military leave, accrued rights and benefits during that service, and reinstatement by their appointing power, on the same basis as National Guard or other military reserve personnel.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 2. Military Leave of Absence [19771 - 19774] ( Article 2 added by Stats. 1971, Ch. 446. ) ## 19771.5. For purposes of this chapter, members of the State Guard shall be granted leave for military service, rights and benefits accrued during that service, and reinstatement after that service by their appointing power on the same basis as members of the National Guard or other military reserve personnel. (Amended by Stats. 2020, Ch. 97, Sec. 9. (AB 2193) Effective January 1, 2021.)
  17. 19772.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 2. Military Leave of Absence [19771 - 19774] ( Article 2 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    This section defines “short-term military leave” as leave for six months or less, and “long-term military leave” as leave of over six months.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 2. Military Leave of Absence [19771 - 19774] ( Article 2 added by Stats. 1971, Ch. 446. ) ## 19772. “Short-term military leave” means a leave for six months or less. “Long-term military leave” means a leave of over six months. (Added by Stats. 1971, Ch. 446.)
  18. 19773.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 2. Military Leave of Absence [19771 - 19774] ( Article 2 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    The appointing power must grant military leave of absence to a National Guard employee during specified emergency or active-duty periods.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 2. Military Leave of Absence [19771 - 19774] ( Article 2 added by Stats. 1971, Ch. 446. ) ## 19773. The appointing power shall grant a military leave of absence to an employee who is a member of the National Guard for the period of active duty and travel to and from such duty as specified by the National Guard during such time as the Governor may have issued a proclamation of a state of extreme emergency or insurrection under the provisions of Sections 143 and 146 of the Military and Veterans Code or during such time as the National Guard may be on active duty for one or more situations in Section 146 of the Military and Veterans Code. Leave granted pursuant to this section shall be known as “emergency military leave.” (Added by Stats. 1971, Ch. 446.)
  19. 19774.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 2. Military Leave of Absence [19771 - 19774] ( Article 2 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Eligible employee members of reserve military units and the National Guard must be granted unpaid military leave for required inactive duty, except drill periods covered elsewhere. They may choose vacation or compensatory time off for those duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 2. Military Leave of Absence [19771 - 19774] ( Article 2 added by Stats. 1971, Ch. 446. ) ## 19774. (a) Employee members of reserve military units and the National Guard required to perform inactive duty obligations, other than inactive and active duty training drill periods as set forth in Section 19775.1, shall be granted military leave of absence without pay as provided by federal law. Employee members who attend or perform inactive duty obligations, other than inactive and active duty training drill periods, as set forth in Section 19775.1, may elect to use vacation time or accumulated compensatory time off to attend those other obligations. (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 the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2022, Ch. 384, Sec. 1. (SB 984) Effective January 1, 2023.)
  20. 19775.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    An eligible employee on long-term military leave is entitled to salary or compensation for the first 30 calendar days of active duty during the leave.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775. An employee who is granted a long-term military leave of absence and who for a period of not less than one year immediately prior to the effective date active duty begins has had continuous state service as defined by rule which is not broken by a permanent separation shall be entitled to receive his or her salary or compensation for the first 30 calendar days of active duty served during the absence. (Amended by Stats. 2013, Ch. 427, Sec. 84. (AB 1062) Effective January 1, 2014.)
  21. 19775.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Employees on certain military leave are entitled to salary or compensation for limited periods.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.1. (a) An employee who is granted a short-term military leave of absence for active military duty, including, but not limited to, scheduled military reserve unit drill periods and National Guard active duty and inactive duty training drill periods, and who for a period of not less than one year immediately before the effective date of active duty has had continuous state service as defined by rule that is not broken by a permanent separation, or who has had continuous state service immediately before the effective date of active duty not broken by a permanent separation and sufficient recognized military service that need not be contiguous to equal one year, shall be entitled to receive their salary or compensation for the first 30 calendar days of active duty served during the absence. The term “active duty” for the 30-day salary or compensation shall include National Guard inactive duty training. (b) An employee who is granted emergency military leave under Section 19773, shall receive their salary or compensation as a state employee while going to, engaging in, and returning from the duty. The employee shall not receive their salary or compensation for more than 30 days each time they are granted the emergency military leave. (Amended by Stats. 2022, Ch. 384, Sec. 2. (SB 984) Effective January 1, 2023.)
  22. 19775.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Eligible state employees called to active duty for the Iraq-Kuwait crisis are entitled to state compensation and benefits for up to 180 calendar days, with some benefits limited by vendor contracts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.15. (a) In addition to the benefits provided pursuant to Sections 19775 and 19775.1, an employee who, as a member of the California National Guard or a United States military reserve organization, is called into active duty as a result of the Iraq-Kuwait crisis on or after August 2, 1990, shall have the benefits provided for in subdivision (b). (b) Any employee to which subdivision (a) applies, while on active duty, shall, with respect to active duty served on or after August 2, 1990, receive from the state, for a period not to exceed 180 calendar days, as part of his or her compensation both of the following: (1) The difference between the amount of his or her military pay and allowances and the amount the employee would have received as a state employee as determined by the Department of Human Resources, including any merit raises which would otherwise have been granted during the time the individual was on active duty. (2) All benefits which he or she would have received had he or she not been called to active duty unless the benefits are prohibited or limited by vendor contracts. (c) Any individual receiving compensation pursuant to subdivision (b) who does not return to state service within 60 days of being released from active duty shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 19775. (d) This section shall not apply to any active duty served voluntarily after the close of the Iraq-Kuwait crisis. (Amended by Stats. 2012, Ch. 665, Sec. 82. (SB 1308) Effective January 1, 2013.)
  23. 19775.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Certain California state employees called to active duty for the Bosnia crisis get specified pay and benefits for up to 180 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.16. (a) In addition to the benefits provided pursuant to Sections 19775 and 19775.1, an employee who, as a member of the California National Guard or a United States military reserve organization, is called into active duty as a result of the Bosnia crisis on or after November 21, 1995, shall have the benefits provided for in subdivision (b). (b) Any employee to which subdivision (a) applies, while on active duty, shall, with respect to active duty served on or after November 21, 1995, as a result of the Bosnia crisis, receive from the state, for a period not to exceed 180 calendar days, as part of his or her compensation both of the following: (1) The difference between the amount of his or her military pay and allowances and the amount the employee would have received as a state employee as determined by the Department of Human Resources, including any merit raises that would otherwise have been granted during the time the individual was on active duty. (2) All benefits that he or she would have received had he or she not been called to active duty unless the benefits are prohibited or limited by vendor contracts. (c) Any individual receiving compensation pursuant to subdivision (b) who does not return to state service within 60 days of being released from active duty shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 19775. (d) This section shall not apply to any active duty served voluntarily after the close of the Bosnia crisis. (e) Benefits provided under paragraph (1) of subdivision (b) shall only be provided to an employee who was not eligible to participate in the federal Ready Reserve Mobilization Income Insurance Program (10 U.S.C. Sec. 12521 et seq.) or a successor federal program that, in the determination of the Director of Human Resources, is substantively similar to the federal Ready Reserve Mobilization Income Insurance Program. For an employee eligible to participate in the federal Ready Reserve Mobilization Income Insurance Program or a successor program, and whose monthly salary as a state employee was higher than the sum of his or her military pay and allowances and the maximum allowable benefit under the federal Ready Reserve Mobilization Income Insurance Program or a successor program, the employee shall receive the amount payable under paragraph (1) of subdivision (b), but that amount shall be reduced by the maximum allowable benefit under the federal Ready Reserve Mobilization Income Insurance Program or a successor program. For individuals who elected the federal Ready Reserve Mobilization Income Insurance Program, the state shall reimburse for the cost of the insurance premium for the period of time on active duty, not to exceed 180 calendar days. (Amended by Stats. 2012, Ch. 665, Sec. 83. (SB 1308) Effective January 1, 2013.)
  24. 19775.17.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Certain state employees called to active duty may receive pay and benefits protections, including the difference between military pay and state pay, with limits and exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.17. (a) In addition to the benefits provided pursuant to Sections 19775 and 19775.1, a state employee who, as a member of the California National Guard or a United States military reserve organization, is ordered to active duty by Presidential determination that it is necessary to augment the active forces for any operational mission, or when in time of national emergency declared by the President or otherwise authorized by law, shall have the benefits provided for in subdivision (b). (b) Any state employee to which subdivision (a) applies, while on active duty, shall receive from the state, for the duration of the event as authorized pursuant to Sections 12302 and 12304 of Title 10 of the United States Code, but not for more than 180 calendar days, as part of the state employee’s compensation both of the following: (1) The difference between the amount of the state employee’s military pay and allowances and the amount the employee would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty. The amount an employee, as defined in Section 18526, would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty, shall be determined by the Department of Human Resources. (2) All benefits that the state employee would have received had they not served on active duty unless the benefits are prohibited or limited by vendor contracts. (c) Any individual receiving compensation pursuant to subdivision (b) who does not reinstate to state service following active duty, shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 19775. (d) Benefits provided under paragraph (1) of subdivision (b) shall only be provided to a state employee who was not eligible to participate in a federally sponsored income protection program for National Guard personnel or military reserve personnel, or both, called into active duty, as determined by the Department of Human Resources. For a state employee eligible to participate in a federally sponsored income protection program, and whose salary as a state employee was higher than the sum of their military pay and allowances and the maximum allowable benefit under the federally sponsored income protection program, the state employee shall receive the amount payable under paragraph (1) of subdivision (b), but that amount shall be reduced by the maximum allowable benefit under the federally sponsored income protection program. For individuals who elected the federally sponsored income protection program, the state shall reimburse for the cost of the insurance premium for the period of time on active duty, not to exceed 180 calendar days. (e) For purposes of this section, “state employee” means an employee as defined in Section 18526 or an officer or employee of the legislative, executive, or judicial department of the state. (f) This section shall not apply to any state employee entitled to additional compensation or benefits pursuant to Section 19775.16 or 19775.18 of this code, or Section 395.08 of the Military and Veterans Code. (Amended by Stats. 2024, Ch. 52, Sec. 8. (AB 171) Effective July 2, 2024.)
  25. 19775.18.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Certain state employees called to active duty for the War on Terrorism are entitled to specified pay and benefit protections, subject to time limits and exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.18. (a) In addition to the benefits provided pursuant to Sections 19775 and 19775.1, a state employee who, as a member of the California National Guard or a United States military reserve organization, is ordered to active duty on and after September 11, 2001, as a result of the War on Terrorism, shall have the benefits provided for in subdivision (b). (b) Any state employee to which subdivision (a) applies, while on active duty, shall receive from the state, for the duration of the event known as the War on Terrorism, as authorized pursuant to Sections 12302 and 12304 of Title 10 of the United States Code, but not for more than 365 calendar days, as part of the state employee’s compensation both of the following: (1) The difference between the amount of the state employee’s military pay and allowances and the amount the employee would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty. The amount an employee, as defined in Section 18526, would have received as a state employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty, shall be determined by the Department of Human Resources. (2) All benefits that the state employee would have received had they not served on active duty unless the benefits are prohibited or limited by vendor contracts. (c) Any individual receiving compensation pursuant to subdivision (b) who does not reinstate to state service following active duty, shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision does not apply to compensation received pursuant to Section 19775. (d) Benefits provided under paragraph (1) of subdivision (b) shall only be provided to a state employee who was not eligible to participate in a federally sponsored income protection program for National Guard personnel or military reserve personnel, or both, called into active duty, as determined by the Department of Human Resources. For a state employee eligible to participate in a federally sponsored income protection program, and whose salary as a state employee was higher than the sum of their military pay and allowances and the maximum allowable benefit under the federally sponsored income protection program, the state employee shall receive the amount payable under paragraph (1) of subdivision (b), but that amount shall be reduced by the maximum allowable benefit under the federally sponsored income protection program. For individuals who elected the federally sponsored income protection program, the state shall reimburse for the cost of the insurance premium for the period of time on active duty, not to exceed 365 calendar days. (e) The Governor may, by executive order, extend the period of time for the receipt of benefits provided pursuant to this section by no more than an additional 1,460 calendar days. (f) (1) “Military pay and allowances” for the purposes of this section does not include hazardous duty pay, hostile fire pay, or imminent danger pay. A state employee is entitled to retain these and any other special and incentive pay provided by the federal government. (2) “State employee” for the purposes of this section means an employee as defined in Section 18526 or an officer or employee of the legislative, executive, or judicial department of the state. (g) This section does not apply to any state employee entitled to additional compensation or benefits pursuant to Section 19775.16 or 19775.17 of this code, or Section 395.08 of the Military and Veterans Code. (h) This section does not apply to any active duty served after the close of the War on Terrorism. (Amended by Stats. 2024, Ch. 52, Sec. 9. (AB 171) Effective July 2, 2024.)
  26. 19775.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Pay under these military service provisions must not exceed 30 calendar days in any fiscal year, excluding emergency military leave pay provisions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.2. (a) Pay under the provisions of Sections 19775 and 19775.1, excluding emergency military leave pay provisions, shall not exceed 30 calendar days in any one fiscal year. The beginning date of active duty shall determine the fiscal year in which the pay is accumulated when the period of active duty extends into another fiscal year. (b) This section shall become operative on January 1, 2015. (Repealed (in Sec. 1) and added by Stats. 2011, Ch. 374, Sec. 2. (SB 806) Effective September 30, 2011. Section operative January 1, 2015, by its own provisions.)
  27. 19775.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    An eligible employee on military leave is entitled to the same vacation, sick leave, and other civil service benefits as if they had stayed in their position.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.3. An employee who meets the conditions under Sections 19775 or 19775.1, or who is granted an emergency military leave shall receive the same vacation, sick leave, and other civil service status, rights and benefits as though he or she had remained in his or her position and not been on military leave except that his or her probationary period shall be extended by the length of the absence, and no more than six months of leave credits shall be granted. (Amended by Stats. 1993, Ch. 381, Sec. 4. Effective January 1, 1994.)
  28. 19775.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Certain military service members keep their place on an employment list after release from service, with a maximum retention period and a removal rule if they refuse appointment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.4. Except as provided in Section 19781, a person in recognized military service whose name was high enough on an employment list to be available for certification for possible permanent appointment to a position while he or she was in the armed forces of the United States shall retain his or her place on the list for three years following the date of his or her release from military service or until six months after the termination of the state military emergency, whichever is the earlier, provided, that a name shall not be retained on a list for longer than eight years after the list is established. The name of a person whose eligibility is retained under the provisions of this section beyond the time other names are removed from a list pursuant to Section 18901 shall be certified ahead of the names of persons on more recently prepared lists, except that the name shall be removed from the list if he or she refuses or has refused to accept appointment to a permanent position after certification thereto subsequent to his or her release from the armed forces. Notwithstanding Section 19770, this section shall also be applicable to persons who are not civil service employees and were on active military duty because of the Iraq-Kuwait crisis. (Amended by Stats. 1991, Ch. 98, Sec. 3. Effective July 1, 1991.)
  29. 19775.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Certain persons in recognized military service are entitled to have their names certified for vacancies on specified lists, and the appointing power may or must appoint them in some cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.5. Any person in recognized military service, whose name appears on a promotional list, or general reemployment list, appointment from which would accord permanent status, and is retained on such list subject to Section 19775.4, shall have his name certified to fill any vacancy which may occur during the period his name is so retained on such list. The appointing power may appoint him to fill the position to take effect upon his reinstatement under the provisions of Sections 19780 and 19782. Any person in recognized military service, whose name appears on a subdivisional or departmental reemployment list and is retained on such list subject to Section 19775.4 shall have his name certified to fill any vacancy which may occur during the period his name is so retained on such list. The appointing power shall appoint him to fill the vacant position to take effect upon his reinstatement under the provisions of Sections 19780 and 19782. (Added by Stats. 1971, Ch. 446.)
  30. 19775.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Military leave time is treated as state service for certain benefit calculations, and reinstated veterans must get layoff seniority credits for the leave period.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.6. Time spent on military leave, including rehabilitation afforded by the United States or the state following recognized military service by any person having an absolute right to be restored to his or her former position, shall be considered as time spent in state service for the purpose of computing state service for a higher rate of vacation credit, other benefits accruing on the basis of state service, and rights to merit salary adjustments at the time of return to state service. A veteran who was reinstated from military leave shall receive layoff seniority credits for the time spent on the leave on the same basis as if it were service in the employee’s former position. (Amended by Stats. 1993, Ch. 381, Sec. 5. Effective January 1, 1994.)
  31. 19775.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    A qualifying state employee must be allowed to finish required appointment steps when returning from recognized military service, and may be treated as appointed from the earliest certificate date if the steps are completed satisfactorily.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.7. Whenever a state employee is certified for appointment to a higher position by a department before entering military service and the department has requested his service, but was unable to complete any procedural requirement for such appointment by reason of entry into recognized military service and is eligible for reinstatement pursuant to Section 19780, he shall be afforded an opportunity to complete the necessary requirement for such appointment immediately upon return to state service and if completed satisfactorily shall be considered as having been appointed as of the earliest date of appointment appearing on the certificate of eligibles and shall be considered as having been on military leave from such position. (Added by Stats. 1971, Ch. 446.)
  32. 19775.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    A person who is interrupted by recognized military service while taking an open or promotional examination may finish the unfinished part if they apply within six months after release; the department or appointing authority must arrange it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.8. Except as provided in Section 19781, when any person successfully completes part of an open or promotional examination but is unable to complete all portions thereof because of entry into recognized military service, the department or designated appointing authority shall arrange for him or her to take such uncompleted portion of the examination, providing application is made not later than six months after his or her release from military service. Such right to complete an examination shall not continue for longer than five years after the date of the examination. If the applicant passes the examination, his or her name shall be placed on the eligible list that resulted from the original examination as the list stands at the time his or her name is placed thereon, provided if his or her rating is sufficiently high for his or her name to have been included on a certification to a permanent position while he or she was in the military service had his or her name been on the list when originally established, his or her eligibility shall be established, notwithstanding the removal of names from the original list, pursuant to Section 18901. He or she shall retain his or her place on such list for three years from the termination of his or her service with the Armed Forces. A name thus retained on a list beyond the time other names are removed from the list, pursuant to Section 18901, shall be removed if the person refuses to accept appointment to a permanent position after certification thereto subsequent to his or her discharge from the Armed Forces. (Amended by Stats. 2013, Ch. 427, Sec. 86. (AB 1062) Effective January 1, 2014.)
  33. 19775.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Military-leave employees may take qualifying civil service examinations, and the department or appointing authority must arrange the identical exam if they apply in time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19775.9. An individual on military leave from either a state civil service position held under duration appointment, a position held under an exempt appointment but included in the state civil service prior to his or her release from military service, or a position in any federal or other public agency, the functions of which were transferred to the state prior to his or her release from military service, who would be eligible for reinstatement or restoration to his or her position pursuant to Sections 19780 and 19782, shall be permitted to take any regular examination held while he or she was in the military service, or on military leave, for the class in which he or she had such appointment and for which he or she had the minimum qualifications required of applicants when the examination originally was given, within five years of the date of the original examination. The department or designated appointing authority shall arrange for him or her to take the identical examination if application is made not later than six months after his or her release from military service or six months after the effective date thereof, whichever is later. If the applicant passes the examination, his or her name shall be placed on the eligible list that resulted from the original examination as the list stands at the time his or her name is placed thereon. If his or her rating is sufficiently high for his or her name to have been included on a certification to a permanent position while he or she was in the military service had his or her name been on the list when originally established, his or her eligibility shall be established, notwithstanding the removal of names from the original list pursuant to Section 18901. He or she shall retain his or her place on such list for three years from the termination of his or her service with the Armed Forces or one year from the date such eligibility is established, whichever is later, if his or her rating is sufficiently high for his or her name to have been included on a certification to a permanent position while he or she was in recognized military service had his or her name been on the list when originally established. A name thus retained on a list, beyond the time other names are removed from the list pursuant to the provisions of Section 18901, shall be removed if the person refuses to accept appointment to a permanent position after certification thereto subsequent to his or her discharge from the Armed Forces. (Amended by Stats. 2013, Ch. 427, Sec. 87. (AB 1062) Effective January 1, 2014.)
  34. 19776.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    An employee on military leave can later take the same promotional exam again, and the department or appointing authority must schedule it if the employee applies within six months after reinstatement.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 3. Pay and Benefits [19775 - 19776] ( Article 3 added by Stats. 1971, Ch. 446. ) ## 19776. If a promotional examination was held while an employee was on military leave that he or she would otherwise have been entitled to take, the employee shall be eligible to take the identical promotional examination within five years of the date of the original examination. The department or designated appointing authority shall arrange for him or her to take the examination within a reasonable time, provided application is made not later than six months after his or her reinstatement from military leave. If the employee qualifies in the examination, his or her name shall be placed on the open and promotional list that resulted from the original examination, as the list stands at the time his or her name is placed thereon. If his or her rating is sufficiently high for his or her name to have been included on a certification to a permanent position while he or she was in the military service had his or her name been on the list when originally established, his or her eligibility shall be established, notwithstanding the removal of names from the original list pursuant to Section 18901. He or she shall retain his or her place on the list for three years from the termination of his or her service with the Armed Forces or one year from the date the eligibility is established, whichever is later. A name thus retained on a list, beyond the time other names are removed from the list pursuant to Section 18901, shall be removed if the person refuses to accept appointment to a permanent position after certification thereto subsequent to his or her discharge from the Armed Forces, or if he or she resigns from state service. (Amended by Stats. 2013, Ch. 427, Sec. 88. (AB 1062) Effective January 1, 2014.)
  35. 19780.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Appointing authorities must give returning employees their Section 20997 rights notice and form within 30 days, and they had to send a rights notice to all employees before April 1, 2017.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. ) ## 19780. (a) Except as provided in Section 19781, a permanent, probationary, or exempt employee who begins active duty within 90 calendar days from the effective date of his or her long-term military leave or within 10 calendar days from the effective date of his or her short-term or emergency military leave and who returns to state service within six months after termination of military service under his or her long-term military leave or within 10 days after termination of military service under his or her short-term or emergency military leave shall be reinstated to his or her former position. Reinstatement to an employee’s former exempt position under this section or Section 19783 shall reestablish the employee’s tenure and civil service reinstatement rights, if any, as they existed immediately prior to his or her military leave pursuant to this section or resignation pursuant to Section 19783. For the purpose of this section any period of rehabilitation afforded by the United States or the state following active duty shall be considered as military service and termination of the state military emergency by the Governor shall be considered termination of military service. (b) Within 30 days of the employee’s return to state service, the appointing authority shall inform the employee of his or her rights pursuant to Section 20997, and provide the member with the form provided pursuant to subdivision (f) of that section. (c) Prior to April 1, 2017, every appointing authority shall provide a letter or electronic communication to all employees informing them of the rights provided by Section 20997. (Amended by Stats. 2016, Ch. 707, Sec. 1. (SB 294) Effective January 1, 2017.)
  36. 19782.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Certain limited-term or temporary state employees must be reinstated to their prior position and civil service status after military service if they meet the timing conditions and the job still exists.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. ) ## 19782. A limited-term employee or temporary employee who begins active duty within 10 days from the effective date of his or her military leave and who returns to state service within 10 days after termination of military service or 30 days after any rehabilitation afforded by the United States or the state following the military service, shall be reinstated to the position and civil service status that he or she held on the effective date of leave, if the position has not expired or been abolished. In those instances, the employee is separated in the same manner he or she would have been separated had he or she not been in the military service. (Amended by Stats. 1993, Ch. 381, Sec. 9. Effective January 1, 1994.)
  37. 19783.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Certain state employees who leave for recognized military service and return within the Section 19780 time limits must be reinstated to their former position, but they do not get the benefits listed in Sections 19775, 19775.1, and 19775.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. ) ## 19783. A permanent, probationary, or exempt employee who resigns from state service for the purpose of entering the recognized military service and begins active duty and returns to state service within the same time limits and conditions as provided in Section 19780 shall be reinstated to his or her former position. The employee shall not receive the rights and benefits provided under Sections 19775, 19775.1, and 19775.3. (Amended by Stats. 1993, Ch. 381, Sec. 10. Effective January 1, 1994.)
  38. 19784.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    When a person is reinstated under Sections 19780 and 19783, any necessary separations must be handled under the layoff and demotion rules in this part.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. ) ## 19784. Upon reinstatement of a person under the provisions of Sections 19780 and 19783, any necessary separations shall be effected under the provisions of this part governing layoff and demotion. (Added by Stats. 1971, Ch. 446.)
  39. 19785.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    Certain civil service employees reinstated under Sections 19780 or 19782 get special treatment if their military-service job function is moved or abolished.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. ) ## 19785. A civil service employee who is entitled to reinstatement under Section 19780 or 19782 shall be considered as a person serving in state civil service under Section 19050.9 when a function in which he or she was serving when he or she entered military service is transferred to another state agency and shall be reinstated in the other agency or shall be eligible for reemployment subject to Article 2 (commencing with Section 19997) of Chapter 7 of Part 2.6 if the function of the state agency is abolished pursuant to law. (Amended by Stats. 1993, Ch. 381, Sec. 11. Effective January 1, 1994.)
  40. 19786.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. )

    Verify source ↗

    This section lets the board hear and decide disputes about a reinstated civil service employee’s ability to perform the job after military service, and it can order placement, reinstatement, or testimony as needed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 11. Military Service [19770 - 19786] ( Chapter 11 added by Stats. 1971, Ch. 446. ) ## ARTICLE 4. Reinstatement After Military Service [19780 - 19786] ( Article 4 added by Stats. 1971, Ch. 446. ) ## 19786. (a) When a civil service employee has been reinstated after military service in accordance with Section 19780, and any question arises relative to his or her ability or inability for any reason arising out of the military service to perform the duties of the position to which he or she has been reinstated, the board shall, upon the request of the appointing power or of the employee, hear the matter and may on its own motion or at the request of either party take any and all necessary testimony of every nature necessary to a decision on the question. (b) If the board finds that the employee is not able for any reason arising out of the military service to carry out the usual duties of the position he or she then holds, it shall order the employee placed in a position in which the board finds he or she is capable of performing the duties in the same class or a comparable class in the same or any other state department, bureau, board, commission, or office under this part and the rules covering transfer of an employee from a position under the jurisdiction of one appointing power to a position under the jurisdiction of another appointing power, without the consent of the appointing powers, where a vacancy may be made available to him or her under this part and the rules, but in no event shall the transfer constitute a promotion within the meaning of this part and the rules. (c) If a layoff is made necessary to place a civil service employee in a position in the same class or a comparable class in accordance with this section, the layoff shall be made under Section 19997.3, provided that no civil service employee who was employed prior to September 16, 1940, shall be laid off as a result of the placing of an employee in the same class or a comparable class under this section. (d) The board may order the civil service employee reinstated to the department, bureau, board, commission, or office from which he or she was transferred either upon request of the employee or the appointing power from which transferred. The reinstatement may be made after a hearing as provided in this section if the board finds that the employee is at the time of the hearing able to perform the duties of the position. (Amended by Stats. 2013, Ch. 427, Sec. 89. (AB 1062) Effective January 1, 2014.)
  41. 19790.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    Each state agency must run an effective equal employment opportunity program that includes a reasonable accommodation policy. The department must handle statewide advocacy, coordination, enforcement, monitoring, and model policy development.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19790. (a) Each state agency is responsible for an effective equal employment opportunity program. The equal opportunity program shall include a reasonable accommodation policy. (b) The department shall be responsible for statewide advocacy, coordination, enforcement, monitoring of the programs described in subdivision (a), and the development of model policies, including a model policy on reasonable accommodation. (Amended by Stats. 2021, Ch. 515, Sec. 5. (AB 313) Effective January 1, 2022.)
  42. 19791.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    This section defines “equal employment opportunity” and “underutilization” for the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19791. As used in this chapter, the following definitions apply: (a) “Equal employment opportunity” mean ensuring nondiscrimination and providing equal access to state jobs, work assignments, training, and other employment-related opportunities for all qualified job applicants and employees. (b) “Underutilization” means having a statistically significant, smaller percentage of persons of a group in an occupation or at a level in a state agency than would reasonably be expected by their percentage representation in the relevant labor force. An identified underutilization is not necessarily indicative of a denial of equal employment opportunity, but warrants an analysis of the cause of the underutilization. (Amended by Stats. 2005, Ch. 644, Sec. 3. Effective January 1, 2006.)
  43. 19792.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    The department must carry out statewide equal employment opportunity leadership, guidance, training, review, data collection, and complaint-tracking duties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19792. The department shall do all of the following: (a) Provide statewide leadership, designed to achieve equal employment opportunity in the state civil service. (b) Develop, implement, and maintain equal employment opportunity guidelines. (c) Provide technical assistance to state agencies in the development and implementation of their equal employment opportunity programs. (d) Review and evaluate departmental equal employment opportunity programs to ensure that they comply with state and federal statutes and regulations. (e) Establish programs to ensure equal employment opportunity for all state job applicants and employees through broad, inclusive recruitment efforts and other measures as allowed by law. (f) Provide statewide training to departmental equal employment opportunity officers who will conduct training on equal employment opportunity. (g) Review, examine the validity of, and update qualifications standards, selection devices, including oral appraisal panels and veterans preference systems, and career advancement programs. (h) Maintain a statistical information system designed to yield the data and the analysis necessary for the evaluation of equal employment opportunity within the state civil service. The statistical information shall include specific data to determine the underutilization of groups based on race, ethnicity, gender, disability, and veteran status. The statistical information shall be made available during normal working hours to all interested persons. Data generated on a regular basis shall include, but not be limited to, all of the following: (1) Current state civil service workforce composition by race, ethnicity, gender, age, veteran status, department, salary level, occupation, and attrition rates by occupation. (2) Current local and regional workforce and population data for groups based on race, ethnicity, gender, and age. (i) The data analysis referred to in subdivision (h) above shall include, but not be limited to, all of the following: (1) Data relating to the utilization of groups based on race, ethnicity, and gender compared to their availability in the relevant labor force. (2) Turnover data by department and occupation. (3) Data relating to salary administration, including average salaries for groups based on race, ethnicity, gender, and disability and comparisons of salaries within state service and comparable state employment. (4) Data on employee age, and salary level compared among groups based on race, ethnicity, gender, and disability. (5) Data on the number of individuals of each race, ethnicity, gender, and disability who are recruited for, participate in, and pass state civil service examinations. This data shall be analyzed pursuant to Sections 19704 and 19705. (6) Data on the job classifications, geographic locations, separations, salaries, and other conditions of employment that provide additional information about the composition of the state civil service workforce. (j) The data analysis referred to in subdivision (h) shall also include, but not be limited to, all of the following pertaining to veteran status: (1) Data relating to the utilization of veterans compared to their availability in the relevant labor force. (2) Separation data by department and major occupational groups. (3) Data relating to salary administration, including average salaries for veterans and comparisons of salaries within state service and comparable state employment. (4) Data on employee age, and salary level compared among groups based on veteran status. (5) Data on the number of veterans who participate in and pass state civil service examinations. This data shall be analyzed pursuant to Sections 19704 and 19705. (6) Data on the recruitment efforts, major occupational groups, geographic locations, separations, salaries, and other conditions of employment that provide additional information about veterans in the state civil service workforce. (k) (1) Establish and maintain a tracking system that shall enable the collection of discrimination and harassment complaint data across state agencies as prescribed by the department. (2) The department shall charge state agencies an amount sufficient to recover the costs to the department of maintenance and support of the system and, pursuant to Section 11255, the Controller shall transfer to the department any moneys owed to the department by any state agency for charges due under this section. (Amended by Stats. 2019, Ch. 24, Sec. 5. (SB 83) Effective June 27, 2019.)
  44. 19792.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    The department must annually track and report state civil service salary data by race, ethnicity, gender, disability, job category, and $10,000 increments, and include progress information on advancement to high-level positions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19792.5. (a) In order to permit the public to track upward mobility and the impact of equal opportunities on persons, categorized by race, ethnicity, gender, and disability in state civil service, the department shall annually track, by incremental levels of ten thousand dollars ($10,000), the salaries of persons, categorized by race, ethnicity, gender, and disability, in state civil service. For purposes of this subdivision, “upward mobility” means the advancement of persons, categorized by race, ethnicity, gender, and disability, to better paying and higher level positions. (b) The department shall report salary data collected pursuant to subdivision (a) to the Governor and the Legislature in its Annual Census of State Employees and Equal Employment Opportunity Report, as required in Section 19793, and shall include in this report information regarding the progress of individuals by race, ethnicity, gender, and disability in attaining high-level positions in state employment. The salary data shall be reported in annual increments of ten thousand dollars ($10,000) by job category, race, ethnicity, gender, and disability in a format easily understandable by the public. (Amended by Stats. 2012, Ch. 360, Sec. 74. (SB 1309) Effective January 1, 2013.)
  45. 19793.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    The Department of Human Resources must submit an annual census report by November 15, and the Legislature must evaluate state agencies’ equal employment opportunity efforts during Budget Bill review.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19793. By November 15 of each year, the Department of Human Resources shall submit to the Governor, the Legislature, and the Department of Finance a census report that shall include demographic information on employees in the state civil service, based upon the analysis of the data collected pursuant to Section 19792. The report shall specifically include, but not be limited to, identified underutilizations and, where warranted by analysis of the underutilizations, steps taken to ensure equal employment opportunity in the state civil service. The report shall also include information to the Legislature on laws that discriminate or have the effect of discriminating on the basis of race, ethnicity, gender, and disability. The Legislature shall evaluate the equal employment opportunity efforts of state agencies during its evaluation of the Budget Bill. (Amended by Stats. 2013, Ch. 427, Sec. 90. (AB 1062) Effective January 1, 2014.)
  46. 19794.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    Each state agency’s appointing power must monitor the agency’s equal employment opportunity program and issue policies and procedures for complaints, appeals, and promotional opportunities, and cooperate with the department by providing access to needed files and data.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19794. In cooperation with the department, the appointing power of each state agency shall have the major responsibility for monitoring the effectiveness of the equal employment opportunity programs of the state agency. To that end, the appointing power shall do all of the following: (a) Issue a policy statement committing to equal employment opportunity. (b) Issue procedures for filing, processing, and resolving discrimination complaints within the state agency, consistent with state laws and rules, and for filing appeals from agency decisions on these complaints. (c) Issue procedures for providing equal upward mobility and promotional opportunities to state employees. (d) Cooperate with the department by providing access, in accordance with subdivisions (o) and (p) of Section 1798.24 of the Civil Code, to all files, documents, and data necessary for the department to carry out its mandates under this chapter. (Amended by Stats. 2012, Ch. 360, Sec. 75. (SB 1309) Effective January 1, 2013.)
  47. 19795.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    State agencies and departments must appoint an equal employment opportunity officer, and agencies must also create disability-related employee committees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19795. (a) The appointing power of each state agency and the director of each state department shall appoint, at the managerial level, an equal employment opportunity officer, who shall report directly to, and be under the supervision of, the director of the department, to develop, implement, coordinate, and monitor the agency’s equal employment opportunity program. In a state agency with less than 500 employees, the equal employment opportunity officer may be the personnel officer. The agency equal employment opportunity officer shall, among other duties, analyze and report on appointments of employees, bring issues of concern regarding equal employment opportunity to the appointing power and recommend appropriate action, submit an evaluation of the effectiveness of the total equal employment opportunity program to the department annually by July 1, monitor the composition of oral panels in departmental examinations, and perform other duties necessary for the effective implementation of the agency equal employment opportunity plans. (b) (1) Each state agency shall establish a separate committee of employees who are individuals with a disability, or who have an interest in disability issues, to advise the head of the agency on issues of concern to employees with disabilities, and matters relating to the formulation and implementation of the plan to overcome and correct any underrepresentation determined pursuant to Section 19234. (2) Departments shall invite all employees to serve on the committee and shall take appropriate steps to ensure the final committee is comprised of members who have disabilities or who have an interest in disability issues. Each department shall ensure that at least two-thirds of the members of the committee are individuals with disabilities or retain documentation that demonstrates that the number of employees invited to participate, and willing and able to serve, was insufficient to meet this requirement. (Amended by Stats. 2012, Ch. 360, Sec. 76. (SB 1309) Effective January 1, 2013.)
  48. 19796.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    State agency bureau/division chiefs must answer to the appointing power for equal employment opportunity program results, and managers/supervisors must support the program and take positive action to advance equal employment opportunity.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19796. Bureau or division chiefs within a state agency shall be accountable to the appointing power for the effectiveness and results of the equal employment opportunity program within their division or bureau. All managers and supervisors shall provide program support and take any positive action necessary to ensure and advance equal employment opportunity at their respective levels. (Amended by Stats. 2005, Ch. 644, Sec. 9. Effective January 1, 2006.)
  49. 19797.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    State agencies must create, update yearly, and carry out an equal employment opportunity plan, and they must also establish a recurring recruitment-and-retention plan and submit it to the department. The department must create and run a monitoring and compliance program and work with agencies to fix deficiencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19797. (a) Each state agency shall develop, update annually, and implement an equal employment opportunity plan which shall, at a minimum, identify the areas of significant underutilization of specific groups based on race, ethnicity, and gender, within each department by job category and level, contain an equal employment opportunity analysis of all job categories and levels within the hiring jurisdiction, and include an explanation and specific actions for removing any non-job-related employment barriers. (b) (1) Each state agency shall, prior to January 1, 2024, and once every two years thereafter, establish a plan to recruit, attract, and retain employees identified pursuant to subdivision (a). Agency plans shall be submitted to the department. (2) The department shall, by January 1, 2024, develop and implement a monitoring and compliance program and work closely with state agencies to address deficiencies and provide guidance and recommendations for meeting their goals and other required benchmarks. (Amended by Stats. 2022, Ch. 312, Sec. 1. (AB 316) Effective January 1, 2023.)
  50. 19798.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    The department may change layoff order and reemployment subdivisions when it finds past discriminatory hiring practices, but only in narrow circumstances tied to federal funding or federal law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19798. In establishing order and subdivisions of layoff and reemployment, the department, when it finds past discriminatory hiring practices, may authorize modification of the order of layoff only if failure to do so would result in ineligibility for a federal program with a loss of federal funds or if required by federal law or the United States Constitution. (Amended by Stats. 2013, Ch. 427, Sec. 91. (AB 1062) Effective January 1, 2014.)
  51. 19798.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    State departments, agencies, and the department must keep carrying out their affirmative-action duties for disability access to state employment.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19798.5. State departments, agencies, and the department shall continue to carry out their respective duties required by Sections 19230 to 19237, inclusive, with respect to establishing, monitoring, and reporting on an affirmative action plan, including goals and timetables, for ensuring individuals with disabilities access to state employment. These activities shall be coordinated with and integrated into the planning, reporting, and monitoring activities required by this chapter. (Amended by Stats. 2012, Ch. 360, Sec. 77. (SB 1309) Effective January 1, 2013.)
  52. 19799.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. )

    Verify source ↗

    State agencies must use separate collection categories for each major Asian and Pacific Islander group when collecting ancestry or ethnic-origin survey data or tabulating minority-group employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2. STATE CIVIL SERVICE [18500 - 19799] ( Part 2 added by Stats. 1945, Ch. 123. ) ## CHAPTER 12. State Civil Service Equal Employment Opportunity Program [19790 - 19799] ( Heading of Chapter 12 amended by Stats. 2005, Ch. 644, Sec. 1. ) ## 19799. When any state agency conducts any survey as to the ancestry or ethnic origin of state civil service employees, or maintains any statistical tabulation of minority group employees, it shall use separate collection categories for each major Asian and Pacific Islander group, including, but not limited to, Chinese, Japanese, Filipino, Korean, Vietnamese, Asian Indian, Hawaiian, Guamanian, Samoan, Laotian, and Cambodian in the survey or tabulation. (Amended by Stats. 1989, Ch. 965, Sec. 4.)
  53. 19800.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    The Department of Human Resources is given responsibility to set and maintain merit-based personnel standards and to administer merit systems for certain local government agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19800. The Department of Human Resources is hereby vested with the jurisdiction and responsibility of establishing and maintaining personnel standards on a merit basis and administering merit systems for local government agencies where such merit systems of employment are required by statute or regulation as a condition of a state-funded program or a federal grant-in-aid program established under federal laws, including, but not limited to: the Social Security Act, as amended; the Public Health Service Act; and the Federal Civil Defense Act, as amended. (Amended by Stats. 2013, Ch. 427, Sec. 92. (AB 1062) Effective January 1, 2014.)
  54. 19801.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    The department must adopt and maintain merit-based personnel standards for local agencies by regulation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19801. For the purposes of administration of state or federally supported programs under Section 19800, the department shall, by regulation, establish and maintain personnel standards on a merit basis for local agencies (including standards of qualifications, competency, education, experience, tenure, and compensation) necessary for proper and efficient administration, and to ensure state conformity with applicable federal requirements. (Amended by Stats. 2013, Ch. 427, Sec. 93. (AB 1062) Effective January 1, 2014.)
  55. 19802.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    A local agency may set up its own merit system and employee standards, but standards for employees administering state and federally supported programs must be approved and reviewed by the department when needed to qualify for federal funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19802. Nothing in this chapter shall prevent any local agency from establishing its own merit system and determining thereunder the personnel standards to be applicable to its employees, but as to employees engaged in administering state and federally supported programs under Section 19800, such local systems and standards shall be subject to approval and review by the department to the extent necessary to qualify for federal funds. (Amended by Stats. 2013, Ch. 427, Sec. 94. (AB 1062) Effective January 1, 2014.)
  56. 19802.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    The department may waive all or part of a local agency merit system if the required memorandum of understanding standards are approved and the MOU maintains merit system standards needed for federal funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19802.5. Notwithstanding Sections 19801 and 19803, and after the department approves the memorandum of understanding standards, the department may waive administration of all or part of a local agency merit system where administration of merit system standards, including, but not limited to, certification, appointment and other transactions, layoff and reinstatement, position classifications, compensation standards, and disciplinary action are established pursuant to a legally binding memorandum of understanding negotiated between the local agency governing board and an employee organization recognized pursuant to applicable law representing employees engaged in federally supported programs under Section 19800. Upon request of the local agency governing board and the recognized employee organization, such waivers shall be granted on any or all standards following determination by the department that the provisions of the memorandum of understanding maintain merit system standards to the extent necessary to qualify for federal funds. All merit system standards waivers shall be subject to periodic audit, approval, or revocation by the department. Upon revocation of a waiver, the department may require any additional information as a condition of waiver reinstatement. (Amended by Stats. 2013, Ch. 427, Sec. 95. (AB 1062) Effective January 1, 2014.)
  57. 19803.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    The Department of Human Resources must administer the merit system for certain local-agency employees and decide related appeals; it may delegate duties, and the Controller must transfer certain owed funds to the department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19803. (a) The Department of Human Resources shall administer the merit system for employees engaged in administering programs under Section 19800 in a local agency not administering its own merit system approved under this chapter. The Department of Human Resources may delegate any of its duties under this article to a state department or agency. This may include, but is not limited to, recruitment, examination, certification, appointment and other transactions, position classification, compensation standards, and disciplinary actions. As part of such administration, the Department of Human Resources shall hear and decide appeals of any applicant for employment or officer or employee from the decision of a local agency affecting the employment rights of those persons. Any decision rendered in such an appeal shall be binding upon the local agency. (b) The Department of Human Resources may bill the state departments having responsibility for the overall administration of grant-in-aid programs for the costs incurred in conducting hearings involving employees of local agencies not administering their own merit systems pursuant to this chapter. Pursuant to Section 11255, the Controller shall transfer to the Department of Human Resources any moneys owed to that department by any state department for charges due under this subdivision. (Amended by Stats. 2019, Ch. 24, Sec. 6. (SB 83) Effective June 27, 2019.)
  58. 19804.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    The department must not exercise authority over selection, tenure, or compensation for individuals employed under established standards when acting under this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19804. In the exercise of functions under this chapter, the department shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with established standards. (Amended by Stats. 2013, Ch. 427, Sec. 97. (AB 1062) Effective January 1, 2014.)
  59. 19805.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    The department must set up and run procedures, including investigations and hearings, to decide whether a merit system meets the department’s standards. It also has the same hearing authority here as in hearings under Section 19815.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19805. The department shall establish and administer procedures, including provisions for investigations and hearings, to determine whether a particular merit system is in conformity with the standards established or approved by the department pursuant to Section 19801. In conducting any hearing provided by such procedures, or in conducting an appeal hearing under Section 19803, the department shall have the same authority as it does in conducting hearings pursuant to Section 19815. (Amended by Stats. 2013, Ch. 427, Sec. 98. (AB 1062) Effective January 1, 2014.)
  60. 19806.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    If the department finds a local merit system is not meeting standards after a hearing, it must notify the local agency and the appropriate state officer in writing. If the local agency does not fix the system within 60 days, or within a longer period set by the department, the department must certify the nonconformity to the responsible state officer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19806. When the department, after hearing, determines that a local merit system is not in conformity with the established standards, it shall notify such local agency and appropriate state officer in writing of its decision. If the governing body of the local agency does not bring the system into conformity within 60 days of notification of the department’s decision, or within such longer period as the department determines, the department shall certify to the state officer having responsibility for the overall administration of the program, pursuant to which the grant-in-aid requiring such merit system was made, that the particular merit system is not in conformity with established standards. (Amended by Stats. 2013, Ch. 427, Sec. 99. (AB 1062) Effective January 1, 2014.)
  61. 19807.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    When the department certifies the matter under Section 19806, the appropriate state officer must take lawful action against the local agency to secure compliance, and no extra administrative hearing is required.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19807. Notwithstanding any other law, upon receiving certification of the department, pursuant to Section 19806, the appropriate state officer shall take such action against the local agency as permitted by law or as necessary to obtain compliance without an additional administrative hearing being held by such officer. (Amended by Stats. 2013, Ch. 427, Sec. 100. (AB 1062) Effective January 1, 2014.)
  62. 19808.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    Local agencies must provide merit-system information and reports when the department requires them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19808. Local agencies shall provide such information and reports relating to merit system administration as are required by the department. (Amended by Stats. 2013, Ch. 427, Sec. 101. (AB 1062) Effective January 1, 2014.)
  63. 19809.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    Certain state departments must reimburse the Department of Human Resources for administration costs, and the Controller must transfer owed money to that department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19809. State departments having responsibility for the overall administration of grant-in-aid programs under Section 19800 shall reimburse the Department of Human Resources for all costs incurred by that department in administering this chapter. The Department of Human Resources may equitably prorate those costs among the state departments. Pursuant to Section 11255, the Controller shall transfer to the Department of Human Resources any moneys owed to the department by any state department for charges due under this section. (Amended by Stats. 2019, Ch. 24, Sec. 7. (SB 83) Effective June 27, 2019.)
  64. 19810.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    This section defines “local agency” for this chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19810. As used in this chapter, “local agency” means any city, county, city and county, district, or other subdivision of the state, or any independent instrumentality thereof. (Added by Stats. 1969, Ch. 1283.)
  65. 19811.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. )

    Verify source ↗

    Certain regulations must be repealed if they conflict with amendments to this article or become outdated because federal or state program requirements change.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.5. FEDERAL GRANT-IN-AID MERIT SYSTEM REQUIREMENTS [19800 - 19811] ( Part 2.5 added by Stats. 1969, Ch. 1283. ) ## CHAPTER 1. Administration [19800 - 19811] ( Chapter 1 added by Stats. 1969, Ch. 1283. ) ## 19811. (a) To the extent that any regulations adopted to make specific or to carry out the provisions of this article are in conflict with the amendments made to this article or become outdated at any time due to a change in federal or state program requirements, the regulations shall be repealed. (b) The Legislature further finds and declares that regulations interpreting and making specific this article are only necessary if the regulations are required by federal law. (c) Requirements imposed on local agencies pursuant to this article shall not be considered regulations or standards of general application and shall not impose any duty on the department to adopt regulations. (Added by Stats. 2013, Ch. 427, Sec. 103. (AB 1062) Effective January 1, 2014.)
  66. 19815.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section defines key terms used in the part, including “Department,” “Director,” “Division,” and “Employee”/“state employee.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19815. As used in this part: (a) “Department” means the Department of Human Resources. (b) “Director” means the Director of the Department of Human Resources. (c) “Division” means the Division of Labor Relations. (d) “Employee” or “state employee,” except where otherwise indicated, means employees subject to the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512), Division 4, Title 1), supervisory employees as defined in subdivision (g) of Section 3513, managerial employees as defined in subdivision (e) of Section 3513, confidential employees as defined in subdivision (f) of Section 3513, employees of the Legislative Counsel Bureau, employees of the Bureau of State Audits, employees of the office of the Inspector General, employees of the Public Employment Relations Board, conciliators employed by the California State Mediation and Conciliation Service, employees of the Department of Human Resources, professional employees of the Department of Finance engaged in technical or analytical state budget preparation other than audit staff, intermittent athletic inspectors who are employees of the State Athletic Commission, professional employees in the Personnel/Payroll Services Division of the Controller’s office, and all employees of the executive branch of government who are not elected to office. (Amended by Stats. 2013, Ch. 427, Sec. 104. (AB 1062) Effective January 1, 2014.)
  67. 19815.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Department of Human Resources (CalHR) is created, and it takes over specified duties, purposes, responsibilities, and jurisdiction from the State Personnel Board for administrative and ministerial functions, subject to Article VII of the California Constitution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19815.2. (a) The Department of Human Resources (CalHR) is hereby created following reorganization of state department, agencies, and boards in an effort to better serve the human resources and personnel needs of the state. (b) Subject to Article VII of the California Constitution, the Department of Human Resources succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the State Personnel Board as its designee with respect to the State Personnel Board’s administrative and ministerial functions. (Repealed and added by Stats. 2012, Ch. 665, Sec. 88. (SB 1308) Effective January 1, 2013.)
  68. 19815.25.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Department of Human Resources is established within the Government Operations Agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19815.25. The Department of Human Resources, as established on July 1, 2012, is hereby established within the Government Operations Agency. (Added by Stats. 2013, Ch. 352, Sec. 302. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  69. 19815.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Governor appoints the department’s director, deputy director, and chief counsel, with Senate consent or confirmation as stated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19815.3. With the consent of the Senate, the Governor shall appoint, to serve at his pleasure, an executive officer who shall be director of the department. The director shall be appointed wholly on the basis of training, demonstrated ability, experience, and leadership in personnel administration and labor relations. The director shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2. In addition thereto, the Governor shall appoint a deputy director and a chief counsel for the department. Both appointments shall be subject to confirmation by the Senate. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  70. 19815.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The director must manage the department, enforce personnel laws, report to the Governor, and carry out other listed duties and powers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19815.4. The director shall do all of the following: (a) Be responsible for the management of the department. (b) Administer and enforce the laws pertaining to personnel. (c) Observe and report to the Governor on the conditions of the nonmerit aspects of personnel. (d) Formulate, adopt, amend, or repeal rules, regulations, and general policies affecting the purposes, responsibilities, and jurisdiction of the department and that are consistent with the law and necessary for personnel administration. All regulations relating to personnel administration heretofore adopted pursuant to this part by the State Personnel Board, California Victim Compensation Board, the Department of General Services, and the Department of Finance, and in effect on the operative date of this part, shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the director. (e) Hold hearings, subpoena witnesses, administer oaths, and conduct investigations concerning all matters relating to the department’s jurisdiction. (f) Act on behalf of the department and delegate powers to any authorized representative. (g) Serve as the Governor’s designated representative pursuant to Section 3517. (h) Perform any other duties that may be prescribed by law, and any other administrative and executive duties that have by other provisions of law been previously imposed. (i) Serve as the Governor’s designated representative pursuant to Section 10424.5 of the Welfare and Institutions Code. (Amended by Stats. 2021, Ch. 116, Sec. 239. (AB 131) Effective July 23, 2021.)
  71. 19815.41.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section gives the director mandatory and discretionary authority over certain appeal hearings, witnesses, oaths, and investigations, and it applies to state employees in Bargaining Units 5, 6, and 8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19815.41. (a) Notwithstanding subdivision (e) of Section 19815.4, this section shall apply to state employees in State Bargaining Unit 5, 6, or 8. (b) The director shall hold nonmerit statutory appeal hearings, subpoena witnesses, administer oaths, and conduct investigations in accordance with Department of Human Resources Rule 599.859 (b)(2). (c) The director may, at his or her discretion, hold hearings, subpoena witnesses, administer oaths, or conduct investigations or appeals concerning other matters relating to the department’s jurisdiction. (d) 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 the 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. (Amended by Stats. 2012, Ch. 665, Sec. 89. (SB 1308) Effective January 1, 2013.)
  72. 19815.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The director must appoint any additional assistants and employees needed to run the department and must assign their duties, subject to the State Civil Service Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19815.5. Subject to the State Civil Service Act, the director shall appoint such other assistants and other employees as are necessary for the administration of the affairs of the department and shall prescribe their duties. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  73. 19815.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The chief counsel must represent the department in legal matters, and the department may charge state agencies and departments for specified legal, arbitration, and memorandum-of-understanding costs. The Controller must transfer money owed to the department for those charges.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19815.6. (a) Notwithstanding Sections 11042 and 11043, the chief counsel shall represent the department in all legal matters in which the department is interested, before any administrative agency or court of law. (b) The department may charge state agencies and departments for the actual and necessary costs of legal services rendered by the legal division in unfair practice cases, representation cases, and requests for injunctive relief arising pursuant to Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1, in grievance arbitration cases arising under negotiated memoranda of understanding, and in all labor law and personnel matters. (c) In grievance arbitration cases arising pursuant to memoranda of understanding negotiated pursuant to Sections 3517 and 3517.5, the department may charge state agencies involved for the actual and necessary costs of arbitration, including the state’s share of the arbitrator’s fees, transcription fees, and other related costs. (d) The department may charge state agencies for their pro rata share of the actual and necessary costs of negotiating and administering memoranda of understanding pursuant to Sections 3517 and 3517.5. (e) Pursuant to Section 11255, the Controller shall transfer to the department any moneys owed to the department by any state agency for charges due under this section. (Amended by Stats. 2019, Ch. 24, Sec. 8. (SB 83) Effective June 27, 2019.)
  74. 19815.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may charge state agencies and departments for actual and necessary costs of certain services, and the Controller must transfer money owed to the department for those charges.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19815.7. (a) The department may charge state agencies and departments for the actual and necessary costs related to services rendered by the department in all of the following areas: (1) Controlled substance abuse testing. (2) Psychological screening. (3) Medical evaluations. (b) Pursuant to Section 11255, the Controller shall transfer to the department any moneys owed to the department by any state agency or department for charges due under this section. (Added by Stats. 2020, Ch. 264, Sec. 8. (AB 107) Effective September 29, 2020.)
  75. 19815.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Claims or proceedings based on laws administered by the Department of Human Resources must be started and served within one year after the claim first arises; a compensation claim tied to the elapsed time must also be filed and served within 90 days. Process in such matters may be served on the director or chief counsel.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19815.8. (a) No action or proceeding shall be brought by any person having or claiming to have a cause of action or complaint or ground for issuance of any complaint or legal remedy for wrongs or grievances based on or related to any law administered by the Department of Human Resources unless the action or proceeding is commenced and served within one year after the cause of action or complaint or ground for issuance of any writ or legal remedy first arose. Such a person shall not be compensated for the time subsequent to the date when the cause or ground arose unless the action or proceeding is filed and served within 90 days after the cause or ground arose. Where an appeal is taken from a decision of the department, the cause of action does not arise until the final decision of the department. (b) Process directed to any officer or employee, or the Department of Human Resources, in any action or proceeding arising under this part, may be served upon the director or chief counsel. (Amended by Stats. 2012, Ch. 665, Sec. 90. (SB 1308) Effective January 1, 2013.)
  76. 19815.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The employing office must verify and keep documentation showing a family member is eligible before enrolling them in a health benefit plan, and must recheck eligibility on the stated schedule. The department must consult the Public Employees’ Retirement System before adopting regulations, but does not need its approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 1. General [19815 - 19815.9] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19815.9. (a) Pursuant to standards established by the department, the employing office of a state employee or state annuitant shall possess documentation verifying eligibility of an employee’s or annuitant’s family member prior to the enrollment of a family member in a health benefit plan. The employing office shall maintain the verifying documentation in the employee or annuitant’s official personnel or member file. (b) The employing office of the state employee or state annuitant shall obtain verifying documentation to substantiate the continued eligibility of family members as follows: (1) At least once within a three-year period from the initial enrollment for birth and adopted children. (2) At least once every three years for the following family members: (A) Spouses. (B) Domestic partners. (C) Stepchildren and domestic partner children. (3) At least once annually for other children for whom the state employee or state annuitant has assumed a parent-child relationship. (c) For purposes of this section, the Public Employees’ Retirement System is the employing office of a state annuitant. (d) The department shall consult with, but shall not be required to obtain the approval of, the Public Employees’ Retirement System prior to adopting any regulations pursuant to this section. (e) This section shall be interpreted in accordance with the definitions provided in Article 2 (commencing with Section 22760) of Chapter 1 of Part 5. (Added by Stats. 2021, Ch. 78, Sec. 1. (AB 138) Effective July 16, 2021.)
  77. 19816.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may make rules about employees’ days, hours, and working conditions, subject to stated factors and limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.10. (a) In order to secure substantial justice and equality among employees in the state civil service, the department may provide by rule for days, hours and conditions of work, taking into consideration the varying needs and requirements of the different state agencies and the prevailing practices for comparable services in other public employment and in private business. (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. (Added by renumbering Section 19819.1 by Stats. 1985, Ch. 1015, Sec. 17. Effective September 26, 1985.)
  78. 19816.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must keep an official roster of all persons holding positions under this part and record their names, state employment history, and other facts required by rule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.12. The department shall establish and maintain in suitable form an official roster of all persons holding positions under this part and enter thereupon their names, complete record of state employment, and other facts prescribed by rule. (Amended by Stats. 2013, Ch. 427, Sec. 108. (AB 1062) Effective January 1, 2014.)
  79. 19816.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must provide for payroll audits and certification, with the Department of Finance’s concurrence.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.14. The department, with the concurrence of the Department of Finance, shall provide for such audit and certification of payrolls as it deems necessary to insure that all persons in the state civil service, for whom claim for payment of salaries or compensation is made on the Controller, are holding positions as provided by law. (Added by Stats. 1985, Ch. 1015, Sec. 19. Effective September 26, 1985.)
  80. 19816.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must implement the State Employee Assistance Program and may contract for problem assessment and referral services. If it does so, the Controller must transfer the needed funding to the State Payroll Revolving Fund and pay the contractor(s) under the payment schedule and monthly certification process.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.16. The department shall implement the State Employee Assistance Program established by Executive Order B96-82 and may enter into one or more contracts to provide problem assessment and referral services. If the department enters into one or more contracts, the Controller shall transfer from the operating budgets of departments participating in the contract to the State Payroll Revolving Fund, an amount sufficient to fund each department’s per capita cost, including state administrative fees. The Controller shall pay the contractor or contractors pursuant to the master payment schedule and monthly certification from the department. (Amended by Stats. 1989, Ch. 342, Sec. 1.)
  81. 19816.17.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may contract for certain legally authorized employee benefits, and the Controller must move and pay funds when those contracts are made.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.17. The department may enter into contracts for the provision of legally authorized employee benefits not requiring voluntary participation or payroll deductions. Where these contracts are made, the Controller shall transfer from the operating budgets of the departments participating in the contract to the State Payroll Revolving Fund, an amount sufficient to fund each department’s per capita cost. The Controller shall pay the contractor or contractors pursuant to the master payment schedule and the certification from the department. (Added by Stats. 1987, Ch. 1148, Sec. 2. Effective September 26, 1987.)
  82. 19816.18.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may self-fund or self-insure benefit programs if cost effective, and may run them itself or use a third-party administrator. Several state offices must assist, certain retiree information may be shared on request for enrollment notices, and the information must be kept confidential.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.18. (a) The department may either self-fund or self-insure any benefit program under its administration when it is cost effective to do so. The department may administer the self-funded or self-insured benefit program directly or may contract with a third party administrator. The Treasurer, Controller, and the Department of Finance shall assist the department to ensure that the appropriate fiscal and administrative procedures are established. These procedures shall include, but not be limited to, processes, fund accounts, and transfers from each department’s operating budget, including a pro rata share of the cost of administration. Notwithstanding any other law, the Public Employees’ Retirement System shall assist the department upon request by providing retiree names and addresses to the department solely for the purpose of notifying retirees of eligibility for enrollment into a dental plan, vision plan, group legal insurance plan, or life insurance plan offered by the department. Any information provided to the department shall be treated as confidential by the department. (b) Funds appropriated for self-funded or self-insured benefit programs established pursuant to this section shall be maintained in the State Employees’ Self-Funded Benefit Fund, which is hereby created in the State Treasury. Moneys in this fund shall be used by the department to make benefit payments and pay related administrative costs. Income of whatever nature earned on the moneys in the State Employees’ Self-Funded Benefit Fund during any fiscal year shall be credited to the fund. The Controller and the Department of Finance may establish individual accounts within the fund, as deemed appropriate, for individual self-funded or self-insured benefit programs. Notwithstanding Section 13340, moneys in this fund and accounts within the fund that are used to pay benefits for a self-funded or self-insured program established pursuant to this section are continuously appropriated, without regard to fiscal years. (Amended by Stats. 2020, Ch. 25, Sec. 17. (SB 116) Effective June 29, 2020.)
  83. 19816.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Department-established or agreed layoff or demotion provisions for civil service employees must be reviewed by the State Personnel Board for consistency with merit employment principles.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.2. Notwithstanding any other provision of this part, regulations and other provisions pertaining to the layoff or demotion in lieu of layoff of civil service employees that are established or agreed to by the department shall be subject to review by the State Personnel Board for consistency with merit employment principles as provided for by Article VII of the California Constitution. (Amended by Stats. 2002, Ch. 1, Sec. 18. Effective January 16, 2002.)
  84. 19816.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must decide which classes or positions qualify for state safety membership, may use those findings in later negotiations, and must not approve safety membership unless the criteria are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.20. Notwithstanding Section 18717, this section shall apply to state employees in state bargaining units that have agreed to these provisions in a memorandum of understanding between the state employer and the recognized employee organization, as defined in Section 3513, state employees who are excluded from the definition of “state employee” in paragraph (c) of Section 3513, and officers or employees of the executive branch of state government who are not members of the civil service. (a) The department shall determine which classes or positions meet the elements of the criteria for the state safety category of membership in the Public Employees’ Retirement System. An employee organization or employing agency requesting a determination from the department shall provide the department with information and written argument supporting the request. (b) The department may use the determination findings in subsequent negotiations with the exclusive representatives. (c) The department shall not approve safety membership for any class or position that has not been determined to meet all of the following criteria: (1) In addition to the defined scope of duties assigned to the class or position, the member’s ongoing responsibility includes: (A) The protection and safeguarding of the public and of property. (B) The control or supervision of, or a regular, substantial contact with one of the following: (i) Inmates or youthful offenders in adult or youth correctional facilities. (ii) Patients in state mental facilities that house Penal Code offenders. (iii) Clients charged with a felony who are in a locked and controlled treatment facility of a developmental center. (2) The conditions of employment require that the member be capable of responding to emergency situations and provide a level of service to the public such that the safety of the public and of property is not jeopardized. (d) For classes or positions that are found to meet this criteria, the department may agree to provide safety membership by a memorandum of understanding reached pursuant to Section 3517.5 if the affected employees are subject to collective bargaining, or by departmental approval for state employees who are either excluded from the definition of “state employee” in subdivision (c) of Section 3513 or are officers or employees of the executive branch of state government who are not members of the civil service. The department shall notify the retirement system of its determination, as prescribed in Section 20405.1. (e) The department shall provide the Legislature an annual report that lists the classes or positions which were found to be eligible for safety membership under this section. (Amended by Stats. 2000, Ch. 402, Sec. 9. Effective September 11, 2000.)
  85. 19816.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Some state employees and officers must be treated as state safety members of the Public Employees’ Retirement System, and the Department of Human Resources must notify the system of classes or positions that become covered.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.21. (a) Notwithstanding Sections 18717 and 19816.20, effective July 1, 2004, the following officers and employees, who are in the following classifications or positions on or after July 1, 2004, shall be state safety members of the Public Employees’ Retirement System: (1) State employees in State Bargaining Unit 7 (Protective Services and Public Services) whose job classifications are subject to state miscellaneous membership in the Public Employees’ Retirement System, unless otherwise excluded by a memorandum of understanding. (2) State employees in managerial, supervisory, or confidential positions that are related to the job classifications described in paragraph (1) and that are subject to state miscellaneous membership in the Public Employees’ Retirement System, provided that the Department of Human Resources has approved their inclusion. (3) Officers and employees of the executive branch of state government who are not members of the civil service and who are in positions that are related to the job classifications described in paragraph (1) and that are subject to state miscellaneous membership in the Public Employees’ Retirement System, provided that the Department of Human Resources has approved their inclusion. (b) The department shall notify the Public Employees’ Retirement System of the classes or positions that become subject to state safety membership under this section, as prescribed in Section 20405.1. (Amended by Stats. 2012, Ch. 665, Sec. 91. (SB 1308) Effective January 1, 2013.)
  86. 19816.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department has possession and control of specified records, property, funds, and related assets used by the State Personnel Board and the department for the department’s vested functions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.4. The department shall have possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property real or personal held for the benefit or use by the State Personnel Board and the department in the performance of the duties, powers, purposes, responsibilities, and jurisdiction that are vested in the department. (Amended by Stats. 2012, Ch. 360, Sec. 79. (SB 1309) Effective January 1, 2013.)
  87. 19816.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Certain state officers and employees must be transferred to the department, and their status, positions, and rights must be kept unchanged except for positions exempt from civil service.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.6. All officers and employees of the State Personnel Board and the Department of Personnel Administration, who, on the operative date of this part, are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the department shall be transferred to the department. The status, positions, and rights of these persons shall not be affected by the transfer and shall be retained by them as officers and employees of the department pursuant to the State Civil Service Act, except as to positions exempt from civil service. (Amended by Stats. 2013, Ch. 427, Sec. 107. (AB 1062) Effective January 1, 2014.)
  88. 19816.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may spend money made available to it, as long as it does so in accordance with law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2. Powers and Duties [19816.2 - 19816.21] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19816.8. The department may expend, in accordance with law, all moneys made available for its use or for the administration of any statute administered by it. (Added by renumbering Section 19819 by Stats. 1985, Ch. 1015, Sec. 16. Effective September 26, 1985.)
  89. 19817.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.2. Administrative Procedure [19817.10- 19817.10.] ( Article 2.2 added by Stats. 1999, Ch. 926, Sec. 2. )

    Verify source ↗

    This section applies only to certain state bargaining-unit employees who agreed to it in a memorandum of understanding, exempts certain department labor-related guidance from the Administrative Procedure Act, and preserves the state’s duty to meet and confer with employee organizations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.2. Administrative Procedure [19817.10- 19817.10.] ( Article 2.2 added by Stats. 1999, Ch. 926, Sec. 2. ) ## 19817.10. (a) This article shall apply only to employees in state bargaining units who have agreed to this article in a memorandum of understanding. (b) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3) shall not apply to any agreements, orders, standards of general application, or any other directives or guidance entered into or issued by the department concerning matters that are within the scope of collective bargaining as defined by Section 3516. This article shall not in any way diminish the state’s obligation to meet and confer with recognized employee organizations regarding matters within the scope of bargaining as defined by Section 3516. (c) 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 be effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1999, Ch. 926, Sec. 2. Effective October 10, 1999.)
  90. 19818.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. )

    Verify source ↗

    The Department of Human Resources takes over the State Personnel Board’s duties and authority for administering the Personnel Classification Plan, subject to Article VII of the California Constitution.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. ) ## 19818. Subject to Article VII of the California Constitution, the department succeeds to and is vested with the duties, purposes, responsibilities, and jurisdiction exercised by the State Personnel Board with respect to the administration of the Personnel Classification Plan. (Added by Stats. 1985, Ch. 1015, Sec. 20. Effective September 26, 1985.)
  91. 19818.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. )

    Verify source ↗

    The department must assess the Personnel Classification Plan and, when needed, recommend changes to the State Personnel Board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. ) ## 19818.10. The department shall assess the adequacy of the Personnel Classification Plan and, as needed, recommend changes in the plan to the State Personnel Board. The recommendations shall include the need for the establishment of additional classes or the abolishment or alteration of existing classes. (Added by Stats. 1985, Ch. 1015, Sec. 20. Effective September 26, 1985.)
  92. 19818.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. )

    Verify source ↗

    The appointing power may establish state-service positions only as authorized by law and subject to budget and available funds, and must promptly report new positions and material duty changes to the department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. ) ## 19818.12. Positions in the state service shall be established by the appointing power as authorized by law subject to budgetary authorization and the availability of funds. Each appointing power shall promptly report to the department his or her intention to establish new positions in order that those positions may be classified and allocated, and shall so report material changes in the duties of any position in his or her jurisdiction. (Added by Stats. 1985, Ch. 1015, Sec. 20. Effective September 26, 1985.)
  93. 19818.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. )

    Verify source ↗

    The department may appoint an appointing power to allocate positions, audit those allocations, and order corrective action if allocations are improper.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. ) ## 19818.14. The department may designate an appointing power to allocate positions to the Personnel Classification Plan in accordance with Section 19818.6 and department rule. The department may audit position allocations. If the department finds that an appointing power has allocated positions inappropriately, the department may order corrective action, including, but not limited to, reallocating positions, voiding lawful personal transactions, and revoking or restricting the appointing power’s ability to allocate positions. If an appointing power’s allocation authority is revoked, the Department of Finance may transfer a sufficient number of personnel from the appointing power to the department to perform the previously delegated work. (Amended by Stats. 2013, Ch. 427, Sec. 111. (AB 1062) Effective January 1, 2014.)
  94. 19818.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. )

    Verify source ↗

    The department may review and approve employee claims for extra reimbursement, and it must award claims only for the year before the claim is filed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. ) ## 19818.16. (a) Notwithstanding Sections 905.2, 19818.8, and 19823, the department shall have the authority to review employee claims for additional reimbursement for the performance of duties outside the scope of their present classification and to authorize additional reimbursement for those duties. The department shall award employee claims under this section for a period no greater than one year preceding the filing of a claim. (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. (Added by Stats. 1985, Ch. 1015, Sec. 20. Effective September 26, 1985.)
  95. 19818.18.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. )

    Verify source ↗

    If the department allows an employee reimbursement claim and the required certification and documents are provided, the department must choose the payment fund and the state agency must pay the claim from that fund; if no sufficient appropriation exists, the department must ask the Legislature to appropriate funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. ) ## 19818.18. Upon the allowance of the department of all or part of an employee claim for additional reimbursement for the performance of duties outside the scope of their present classification, certification by the Director of Finance that a sufficient appropriation exists, the execution and presentation of such documents as the department may require which discharge the state of all liability under the claim, and notwithstanding the provisions of Section 19630, the department shall designate the fund from which the claim is to be paid and the state agency concerned shall pay the claim from that fund. Where no sufficient appropriation for the payment is available, the department shall submit a request to the Legislature for appropriation of those funds. (Added by Stats. 1985, Ch. 1015, Sec. 20. Effective September 26, 1985.)
  96. 19818.20.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. )

    Verify source ↗

    The department must provide a reasonable opportunity to appeal to an employee affected by the allocation or reallocation of the employee’s position.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. ) ## 19818.20. (a) Reasonable opportunity to appeal shall be provided by the department to any employee affected by the allocation or reallocation of his or her position. (b) Notwithstanding subdivision (a), this subdivision shall only apply to state employees in State Bargaining Unit 5. Reasonable opportunity to appeal shall be provided by the department to any employee affected by the allocation of his or her position. (Amended by Stats. 1995, Ch. 768, Sec. 18. Effective October 12, 1995.)
  97. 19818.21.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. )

    Verify source ↗

    When the Budget Act authorizes a specified number of positions in a class and agency, the department must approve how those positions are allocated to classes based on job responsibilities and productivity needs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. ) ## 19818.21. When the Legislature, in the Budget Act, authorizes a specified number of positions in a specified class in a specified agency, the department shall approve the allocation of those positions to classes on the basis of the total responsibilities and productivity requirements of the job, without placing primary emphasis on the number of positions subordinate to the positions authorized. (Added by renumbering Section 19060 by Stats. 1989, Ch. 103, Sec. 8.)
  98. 19818.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. )

    Verify source ↗

    The department must administer California’s Personnel Classification Plan and assign each position to the proper class.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. ) ## 19818.6. The department shall administer the Personnel Classification Plan of the State of California including the allocation of every position to the appropriate class in the classification plan. The allocation of a position to a class shall derive from and be determined by the ascertainment of the duties and responsibilities of the position and shall be based on the principle that all positions shall be included in the same class if: (a) The positions are sufficiently similar in respect to duties and responsibilities that the same descriptive title may be used. (b) Substantially the same requirements as to education, experience, knowledge, and ability are demanded of incumbents. (c) Substantially the same tests of fitness may be used in choosing qualified appointees. (d) The same schedule of compensation can be made to apply with equity. (Added by Stats. 1985, Ch. 1015, Sec. 20. Effective September 26, 1985.)
  99. 19818.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. )

    Verify source ↗

    A person may not be assigned to work duties of a different class than the class their position is allocated to, except where Section 19050.8 allows it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 2.5. Personnel Classification Plan [19818 - 19818.21] ( Article 2.5 added by Stats. 1985, Ch. 1015, Sec. 20. ) ## 19818.8. (a) A person shall not be assigned to perform the duties of any class other than that to which his or her position is allocated, except as permitted by Section 19050.8. (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 the memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1999, Ch. 457, Sec. 4. Effective September 21, 1999.)
  100. 19819.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 3. Division of Labor Relations [19819.5 - 19819.7] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Department of Human Resources includes a Division of Labor Relations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 3. Division of Labor Relations [19819.5 - 19819.7] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19819.5. There is in the Department of Human Resources, the Division of Labor Relations. (Amended by Stats. 2012, Ch. 665, Sec. 93. (SB 1308) Effective January 1, 2013.)
  101. 19819.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 3. Division of Labor Relations [19819.5 - 19819.7] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Governor must appoint a deputy director from nominees submitted by the director and may appoint civil service exempt labor relations officers, subject to staffing and spending limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 3. Division of Labor Relations [19819.5 - 19819.7] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19819.6. The Governor shall appoint a deputy director from a list of nominees submitted by the director. This deputy director shall be in addition to the deputy director appointed pursuant to Section 19815.3. The Governor may also appoint civil service exempt labor relations officers. The total number of exempt positions in the department responsible for labor relations shall not exceed 12. Appointments to these exempt positions in excess of 10 shall not result in an increase in the authorized expenditures of the Department of Human Resources. (Amended by Stats. 2022, Ch. 67, Sec. 3. (SB 191) Effective June 30, 2022.)
  102. 19819.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 3. Division of Labor Relations [19819.5 - 19819.7] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The division must represent the Governor on certain state employee legal matters and attend and confer as required. The Deputy Director of Labor Relations and labor relations officers are limited to the department’s professional labor-relations functions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 1. Department of Human Resources [19815 - 19819.7] ( Heading of Chapter 1 amended by Stats. 2012, Ch. 665, Sec. 86. ) ## ARTICLE 3. Division of Labor Relations [19819.5 - 19819.7] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19819.7. Notwithstanding any other provisions of the law, it shall be the function of the division to represent the Governor regarding all the relevant provisions of law with respect to state employees found in Section 3517 and to represent the Governor by attending the meeting and conferring as required by Section 3572. The duties of the Deputy Director of Labor Relations and the labor relations officers shall be limited to the department’s professional functions and responsibilities in labor relations matters pursuant to Chapter 10.3 (commencing with Section 3512) and Chapter 12 (commencing with Section 3560) of Division 4 of Title 1. (Amended by Stats. 1982, Ch. 1095, Sec. 13.5.)
  103. 19820.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The director must adopt rules on travel expense limits, vehicle-damage reimbursement, matters within the department’s jurisdiction, and pay computation in certain reduced-pay cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19820. The director shall adopt general rules and regulations doing all of the following: (a) Limiting the amount, time, and place of expenses and allowances to be paid to officers, employees, experts, and agents of the state while traveling on official state business. The rules and regulations shall provide for reasonable reimbursement to an officer, employee, expert, or agent of the state for expenses incurred by them to repair a privately owned vehicle which was damaged through no fault of the officer, employee, expert, or agent, if the damage occurred while the vehicle was used on official state business with the permission or authorization of an employing agency. As used in this subdivision, “officers and employees of the state” means all officers and employees of the state other than elected state officers, officers and employees of the state provided for in Article VI of the California Constitution, and officers and employees of the California State University. “Officers and employees of the state” is not limited by subdivision (d) of Section 19815. (b) Governing those matters as are specifically committed to the jurisdiction of the department. (c) Governing the computation of pay in the case of any employee who is entitled to less than their regular rate of pay for a pay period. If this section is in conflict with a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if any conflicting provision of a memorandum of understanding requires the expenditure of funds, that provision shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2024, Ch. 52, Sec. 10. (AB 171) Effective July 2, 2024.)
  104. 19822.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The director must set and publish the fair and reasonable value of certain employee-provided maintenance and other services, and state department directors must follow the related rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19822. (a) The director, by rule, shall determine the fair and reasonable value of maintenance, living quarters, housing, lodging, board, meals, food, household supplies, fuel, laundry, domestic servants, and other services furnished by the state as an employer to its employees. The value so determined shall constitute the charges to be made to state employees for any maintenance or other services furnished by the state, unless the employee is entitled to maintenance or other services as compensation for his or her services or as actual and necessary expenses incurred in the performance of the state’s business. Whenever a state employee is entitled to maintenance or other services as part or full compensation for services rendered, the value thereof for retirement purposes, as defined by Section 20630, and for salary or wage fixing purposes, shall also be determined in accordance with the values established by the department. The director, by rule, shall provide instruction for the administration of all lodging, maintenance, and other services furnished by the state as an employer to its employees. The director, by rule, shall provide for reasonable opportunity to be heard by departments or employees affected by this section. (b) Compliance with all rules associated with the lodging, maintenance, and other services furnished by the state as an employer to its employees shall be the responsibility of each director of each state department possessing lodging or supplying maintenance or other services to its employees. (c) 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. (Amended by Stats. 2006, Ch. 97, Sec. 1. Effective January 1, 2007.)
  105. 19822.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    All state agencies must use CalATERS for employee travel claims by July 1, 2009, unless an exemption is recommended by the Controller and approved by the Department of Finance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19822.3. All state agencies shall implement and use the California Automated Travel Expense Reimbursement System (CalATERS) to automate processing of employee travel claims by July 1, 2009, unless the Controller recommends, and the Department of Finance approves, an exemption request. To request an exemption, a department or agency shall submit documentation to the Controller no later than July 1, 2007, to substantiate that the implementation of CalATERS is not feasible or cost-effective for that department or agency. The Department of Finance and the Controller shall jointly report to the Joint Legislative Budget Committee, not later than February 1, 2008, on the exemptions that have been approved and the bases for the exemptions. (Amended by Stats. 2019, Ch. 364, Sec. 5. (SB 112) Effective September 27, 2019.)
  106. 19822.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must, by rule, authorize reasonably necessary meal, lodging, or travel expenses for nonsalaried assistants involved in exam preparation or conduct.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19822.5. The department shall by rule authorize such expenditures as are reasonably necessary for the meals, lodging, or travel of persons who provide nonsalaried assistance to the department or a designated appointing power in the preparation or conduct of written or oral examinations. (Amended by Stats. 2013, Ch. 427, Sec. 112. (AB 1062) Effective January 1, 2014.)
  107. 19822.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section creates the Child Care Fund, places it under the Department of Human Resources, and lets the department set and spend the funding for child care programs for state employees’ dependent children.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19822.6. There is hereby established a Child Care Fund to which funds shall be allocated from the amount appropriated in the annual Budget Act for employee compensation. The Child Care Fund shall be used to encourage development of child care programs for dependent children of state employees. These programs may include financial assistance to aid in the development of child care centers administered by either nonprofit corporations formed by state employees or other child care providers. The Child Care Fund shall be administered by the Department of Human Resources. Upon the determination of the department, the funding shall include, but not be limited to, cash grants. The amount to be allocated and expended annually, from the funds available for compensation increases, shall be determined by the department. Notwithstanding Section 13340, the Child Care Fund shall be available for expenditure without regard to fiscal years through June 30, 1991, unless otherwise extended by statute enacted prior to that date. (Amended by Stats. 2012, Ch. 665, Sec. 94. (SB 1308) Effective January 1, 2013.)
  108. 19822.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Creates the Work and Family Fund, requires it to support work and family programs for state employees, and places it under the Department of Human Resources.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Claims for Reimbursement [19820 - 19822.7] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19822.7. (a) There is hereby created in the State Treasury the Work and Family Fund to which funds shall be allocated from the amount negotiated in memoranda of understanding between the state and the recognized employee organization, as defined in Section 3513, and appropriated by the Legislature, for the 2000–01 fiscal year and subsequent fiscal years. (b) The fund shall be used to establish and maintain work and family programs for state employees. These programs may include, but are not limited to, financial assistance to aid in the development of child care centers administered by either nonprofit corporations formed by state employees or child care providers, or to provide grants, subsidies, or both grants and subsidies for child care and elder care. Other programs may include enhancement or supplementation of existing employee assistance program services and other work and family programs. (c) The fund shall be administered by the Department of Human Resources. The amounts to be allocated and expended from funds available for compensation shall be determined by the department. (d) Notwithstanding Section 13340, the fund shall be available for expenditure without regard to fiscal years through June 30, 2005. As of June 30, 2005, the fund shall cease to exist and any balance in the fund shall revert to the General Fund, unless the existence of the fund is extended by statute and that statute is enacted and becomes effective prior to June 30, 2005. (Amended by Stats. 2013, Ch. 427, Sec. 113. (AB 1062) Effective January 1, 2014.)
  109. 19823.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Employee Awards [19823- 19823.] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may award current or retired state employees for qualifying proposals, special service, or exceptional contributions, and the director may set rules and appoint review boards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Employee Awards [19823- 19823.] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19823. (a) The department may make awards to current or retired state employees who do any of the following: (1) Propose procedures or ideas which hereafter have been adopted and which will result in eliminating or reducing state expenditures or improving operations; provided, the proposals are placed in effect. (2) Perform special acts or special services in the public interest. (3) By their superior accomplishments, make exceptional contributions to the efficiency, economy or other improvement in the operations of the state government. (b) Awards for superior accomplishments shall be made in accordance with procedures and standards established by the department. (c) Any award made by the department under the provisions of this section may be paid from the appropriation available to the state agency affected by the award. (d) The director may adopt rules and regulations to carry out the provisions of this section, and may appoint merit award boards made up of state officers, employees, or citizens to consider employee proposals, special acts, special services, or superior accomplishments, and to make recommendations to the department as to the merits of the proposals, special acts, special services, or superior accomplishments, and whether or not the proposals, special acts, special services, or superior accomplishments justify an award. (e) Any award granted under the provisions of this section shall be limited to five thousand dollars ($5,000) unless a larger award is approved by concurrent resolution of the Legislature. (f) Any expenditures made or costs incurred heretofore or hereafter by the director for the purposes of this section may be paid from funds available for the support of the department. (g) This subdivision shall only apply to state employees in State Bargaining Unit 16. 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 the provisions of the memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2001, Ch. 365, Sec. 21. Effective September 27, 2001.)
  110. 19824.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    State officers’ and employees’ salaries are to be paid from the General Fund or another recognized state fund tied to the position, on a uniform payroll cycle set by the department, unless another law provides otherwise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19824. Unless otherwise provided by law, the salaries of state officers and employees shall be paid out of the General Fund, or other recognized state fund from which a respective employee’s position is funded, on a uniform payroll cycle established by the department. (Amended by Stats. 2023, Ch. 39, Sec. 1. (AB 130) Effective July 10, 2023.)
  111. 19825.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Some state salaries need approval before they become effective: Department approval applies to certain state-agency salaries paid from state funds, and Judicial Council approval applies to certain court or judicial-agency salaries for exempt employees or officers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19825. (a) Notwithstanding any other provision of law, whenever any state agency is authorized by special or general statute to fix the salary or compensation of an employee or officer, which salary is payable in whole or in part out of state funds, the salary is subject only to the approval of the department before it becomes effective and payable, except as provided in subdivision (b). The Legislature may expressly provide that approval of the department is not required. (b) Whenever any state court or other judicial agency is authorized by statute to fix the salary of an employee or officer who is exempt from civil service under subdivision (b) of Section 4 of Article VII of the Constitution, the salary is subject to the approval of the Chairman of the Judicial Council before it becomes effective and payable. (Amended by Stats. 1984, Ch. 471, Sec. 1.)
  112. 19825.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must set and adjust certain annual salaries, keep them within a 125% cap, and notify the Legislature within 30 days after a proposed compensation adjustment takes effect.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19825.5. (a) (1) Notwithstanding Sections 11550, 11552, 11554, 11555, and 11556, the department shall set and adjust, as needed, the annual compensation of the officers and employees listed in Sections 11550, 11552, 11554, 11555, and 11556. (2) On and after July 1, 2019, the department shall set and adjust, as needed, the annual compensation of the president of the Public Utilities Commission. (b) When setting or adjusting the annual compensation of the president of the Public Utilities Commission or the employees described in paragraph (1) of subdivision (a), the department shall consider the size and scope of the organization, compensation paid to other similar positions in other public jurisdictions, the scope of responsibility of the position, the need to avoid salary compaction, and other factors appropriate to the determination of compensation necessary to recruit and retain qualified employees in leadership positions for the state. The compensation shall not exceed 125 percent (125%) of the compensation recommended to be paid to the Governor of the State of California by the California Citizens Compensation Commission. (c) The department shall notify the Legislature of the compensation level implemented for the president of the Public Utilities Commission or any of the employees described in paragraph (1) of subdivision (a) within 30 days of the effective date of the proposed compensation adjustment. (Amended by Stats. 2019, Ch. 29, Sec. 107. (SB 82) Effective June 27, 2019.)
  113. 19826.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must set and update state civil service salary ranges, but cannot do so for certain represented employees, and must provide specified salary reports on a recurring schedule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19826. (a) The department shall establish and adjust salary ranges for each class of position in the state civil service subject to any merit limits contained in Article VII of the California Constitution. The salary range shall be based on the principle that like salaries shall be paid for comparable duties and responsibilities. In establishing or changing these ranges, consideration shall be given to the prevailing rates for comparable service in other public employment and in private business. The department shall make no adjustments that require expenditures in excess of existing appropriations that may be used for salary increase purposes. The department may make a change in salary range retroactive to the date of application of this change. (b) Notwithstanding any other law, the department shall not establish, adjust, or recommend a salary range for any employees in an appropriate unit where an employee organization has been chosen as the exclusive representative pursuant to Section 3520.5. (c) (1) On February 1, 2025, and biennially thereafter, the department shall submit to the parties meeting and conferring pursuant to Section 3517 and to the Legislature, a report containing the department’s findings relating to the salaries of employees in comparable occupations in private industry and other governmental agencies for Bargaining Units 2, 5, 6, 7, 9, 10, 12, 13, 16, 18, and 19. (2) On February 1, 2026, and biennially thereafter, the department shall submit to the parties meeting and conferring pursuant to Section 3517 and to the Legislature a report containing the department’s findings relating to the salaries of employees in comparable occupations in private industry and other governmental agencies for Bargaining Units 1, 3, 4, 5, 8, 11, 14, 15, 17, 20, and 21. (d) If this section is 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 the 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. (Amended by Stats. 2023, Ch. 39, Sec. 2. (AB 130) Effective July 10, 2023.)
  114. 19826.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the department finds pay data was given on a confidential basis, the source cannot be made public or used as evidence.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19826.5. Whenever the department finds that pay data was furnished to the department on the basis that the source remain confidential, the source shall not be open to the public or admissible as evidence in any action or special proceeding. (Added by Stats. 1981, Ch. 684, Sec. 3. Effective September 23, 1981.)
  115. 19827.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The state must pay certain California Highway Patrol rank-and-file Unit 5 members specified compensation for July 1, 2020 through June 30, 2021, and the state and the exclusive representative must jointly survey and calculate the compensation using the stated methodology.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19827. (a) (1) Except as provided in paragraphs (2) and (6), for the period from July 1, 2020, to June 30, 2021, inclusive, and notwithstanding any other provision of law to the contrary, in order to recruit and retain the highest qualified employees, the state shall pay sworn members of the California Highway Patrol who are rank-and-file members of State Bargaining Unit 5 the estimated average total compensation for each corresponding rank for the Los Angeles Police Department, Los Angeles County Sheriff’s Office, San Diego Police Department, Oakland Police Department, and San Francisco Police Department. Total compensation shall include base salary, educational incentive pay, physical performance pay, longevity pay, and retirement contributions made by the employer on behalf of the employee. (2) Notwithstanding any other law, employees of the California Highway Patrol who are rank-and-file members of State Bargaining Unit 5, without limitation, shall be subject to any and all reductions in state employee compensation imposed by the Legislature on other state employees for the period of time from July 1, 2020, to June 30, 2021, inclusive, regardless of the means adopted to effect those reductions, which includes, but is not limited to, suspension of the duty to compensate sworn represented members of the California Highway Patrol in accordance with the formula set forth in this section. (3) The state and the exclusive representative shall jointly survey annually and calculate the estimated average total compensation based on projected average total compensation for the above-named departments as of July 1 of the year in which the survey is conducted. The state and the exclusive representative shall utilize the survey methodology outlined in the “Description of Survey Process Pursuant to Government Code 19827 Regarding the Recruitment and Retention of California Highway Patrol Officers” dated July 1, 2001, and maintained as a permanent agreement between the state and the exclusive representative. (4) Any increase in total compensation resulting from this section shall be implemented through a memorandum of understanding negotiated pursuant to the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1). Notwithstanding the foregoing, failure of the parties to reach agreement for a memorandum of understanding pursuant to the Ralph C. Dills Act shall not relieve the state of the duty to compensate sworn represented members of the California Highway Patrol in accordance with the formula set forth in this section. (5) The total compensation for represented sworn members of the California Highway Patrol may deviate from the survey results by mutual agreement between the exclusive representative and the state pursuant to the collective bargaining process. (6) With the exception of the reductions authorized in paragraph (2), if the provisions of this subdivision 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 the 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. (b) Except as provided in paragraph (2) of subdivision (a) of this section and subdivision (c) of Section 19851, for the period of time from July 1, 2020, to June 30, 2021, inclusive, when determining compensation for state excluded sworn classifications of the California Highway Patrol, it is the policy of the state to consider total compensation for corresponding ranks within jurisdictions specified in subdivision (a), as well as other factors, including internal comparisons. (Amended by Stats. 2020, Ch. 16, Sec. 3. (AB 84) Effective June 29, 2020.)
  116. 19827.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The state must improve and maintain salaries for certain peace officers, and the department must consider pay and benefits offered by other large peace officer employers in California.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19827.1. (a) The state recognizes the historic problem of recruitment and retention of peace officers in the Department of Corrections and the Department of Youth Authority. As evidence of this recognition there has been a trend in recent years to improve salaries and benefits for these correctional peace officers. However, due to the continuing need to recruit new officers to fill vacancies, retain seasoned correctional peace officers to reduce turnover rates, and provide comparability in pay to effectively compete with large peace officer employers and ensure necessary staffing levels, salaries must be improved and maintained by the state for peace officers in the Department of Corrections and the Department of the Youth Authority. (b) To effect the intent of paragraph (a) the department shall take into consideration the salary and benefits of other large employers of peace officers in California. (Added by Stats. 1986, Ch. 290, Sec. 1.)
  117. 19827.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must review state civil service classifications, prepare an annual pay-equity report, and share the information with the Legislature’s policy committee and the parties meeting and conferring under Section 3517.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19827.2. (a) The Legislature, having recognized December 1980 statistics from the U.S. Department of Labor, finds: that 60 percent of all women 18 to 64 are in the workforce, that two-thirds of all those women are either the head of a household or had husbands whose earnings were less than ten thousand dollars ($10,000), and that most women are in the workforce because of economic need; that the average working woman has earned less than the average working man, not only because of the lack of educational and employment opportunities in the past, but because of segregation into historically undervalued occupations where wages have been depressed; and that a failure to reassess the basis on which salaries in state service are established will perpetuate these pay inequities, which have a particularly discriminatory impact on minority and older women; and, therefore, it is the intent of the Legislature in enacting this statute to establish a state policy of setting salaries on the basis of comparability of the value of the work for jobs that employ a higher proportion of females than males. (b) The department shall evaluate all state civil service classifications in the Personnel Classification Plan and prepare a detailed report on gender and ethnicity pay equity in each classification where there is an underrepresentation of women and minorities. The department shall review and analyze existing information, including studies from other jurisdictions that are relevant to setting salaries for jobs that employ a higher proportion of females than males. This information shall be provided on an annual basis to the appropriate policy committee of the Legislature and to the parties meeting and conferring pursuant to Section 3517. (c) The report described in subdivision (b) shall include at least the following: (1) The department’s efforts that are consistent with existing state and federal law toward meeting the goals of pay equity for women and minorities. (2) Statistical information for each state civil service classification. (d) For the purpose of implementing this section, the following definitions apply: (1) “Salary” means, except as otherwise provided in Section 18539.5, the amount of money or credit received as compensation for service rendered, exclusive of mileage, traveling allowances, and other sums received for actual and necessary expenses incurred in the performance of the state’s business, but including the reasonable value of board, rent, housing, lodging, or similar advantages received from the state. (2) “Comparability of the value of the work” means the value of the work performed by an employee, or group of employees within a class or salary range, in relation to the value of the work of another employee, or group of employees, to any class or salary range within state service. (3) “Skill” means the skill required in the performance of the work, including any type of intellectual or physical skill acquired by the employee through experience, training, education, or natural ability. (4) “Effort” means the effort required in the performance of the work, including any intellectual or physical effort. (5) “Responsibility” means the responsibility required in the performance of the work, including the extent to which the employer relies on the employee to perform the work, the importance of the duties, and the accountability of the employee for the work of others and for resources. (6) “Working conditions” means the conditions under which the work of an employee is performed, including physical or psychological factors. (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 the 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. (Amended by Stats. 2022, Ch. 312, Sec. 2. (AB 316) Effective January 1, 2023.)
  118. 19827.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Department of Human Resources must consider prevailing salaries and benefits, including those of comparable California jurisdictions with 75 or more full-time firefighters, when making salary recommendations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19827.3. In order for the state to recruit skilled firefighters for the California Department of Forestry and Fire Protection, it is the policy of the state to consider prevailing salaries and benefits prior to making salary recommendations. In order to provide comparability in pay, the Department of Human Resources shall take into consideration the salary and benefits of other jurisdictions employing 75 or more full-time firefighters who work in California. (Amended by Stats. 2012, Ch. 665, Sec. 95. (SB 1308) Effective January 1, 2013.)
  119. 19827.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Up to 50% of a clergy member’s gross salary may be allocated to either the rental value of a furnished home or a rental allowance for housing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19827.5. (a) There is allocated from the salary or wage paid to a member of the clergy, in an amount up to 50 percent of the gross salary, either of the following: (1) The rental value of a home furnished to him or her. (2) The rental allowance paid to him or her to rent or provide a home. (b) As used in this section, a “member of the clergy” means a priest, minister, religious practitioner, or similar functionary of a religious denomination or religious organization. (Amended by Stats. 2003, Ch. 428, Sec. 1. Effective September 22, 2003.)
  120. 19828.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must give affected employees a reasonable opportunity to be heard when their class salary range changes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19828. (a) Reasonable opportunity to be heard shall be provided by the department to any employee affected by a change in the salary range for the class of his or her position. (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 the 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. (Amended by Stats. 2001, Ch. 364, Sec. 17. Effective September 27, 2001.)
  121. 19829.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must provide intermediate salary steps within salary limits, and may create more than one salary range, rate, or compensation method in some classes. If a memorandum of understanding conflicts with this section, the memorandum controls, unless it requires spending funds, in which case legislative approval in the annual Budget Act is required.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829. (a) Salary ranges shall consist of minimum and maximum salary limits. The department shall provide for intermediate steps within these limits to govern the extent of the salary adjustment that an employee may receive at any one time; provided, that in classes and positions with unusual conditions or hours of work or where necessary to meet the provisions of state law recognizing differential statutory qualifications within a profession or prevailing rates and practices for comparable services in other public employment and in private business, the department may establish more than one salary range or rate or method of compensation within a class. (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 the 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. (Amended by Stats. 2001, Ch. 364, Sec. 18. Effective September 27, 2001.)
  122. 19829.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Department of Human Resources must send the memorandum of understanding to the Legislative Analyst, who has 10 calendar days to issue a fiscal analysis to the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.5. (a) The Department of Human Resources shall provide a memorandum of understanding pursuant to Section 3517.5 to the Legislative Analyst who shall have 10 calendar days from the date the tentative agreement is received to issue a fiscal analysis to the Legislature. The Legislative Analyst may prioritize the preparation of a fiscal analysis or report under this subdivision among other workload, including the submission of multiple memoranda of understanding. The memorandum of understanding shall not be subject to legislative determination until either the Legislative Analyst has presented a fiscal analysis of the memorandum of understanding or until 10 calendar days has elapsed since the memorandum was received by the Legislative Analyst. (b) Each memorandum of understanding submitted by the department to the Legislative Analyst shall include the department’s analysis of costs and savings. (Amended by Stats. 2012, Ch. 665, Sec. 96. (SB 1308) Effective January 1, 2013.)
  123. 19829.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The Department of Human Resources must post certain memoranda of understanding on its website and include a matching summary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.6. The Department of Human Resources shall post, in a clear and conspicuous manner on the department’s Web site, each memorandum of understanding that has been submitted to the Legislature for determination pursuant to Section 3517.5 and that has been ratified by the affected union membership. The memorandum of understanding of the agreement reached between the Governor and the recognized employee organization shall be posted on the department’s Web site in its entirety, with a declaration that the memorandum has been submitted to the office of the Legislative Analyst and the Legislature, including the date of that submission. The department shall include on its Web site posting a summary of the memorandum of understanding that is the same summary provided to the Legislature by the department. (Amended by Stats. 2012, Ch. 665, Sec. 97. (SB 1308) Effective January 1, 2013.)
  124. 19829.96.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2011–12 Budget Act was not enacted by July 1, 2011, the Controller could spend only what was necessary to pay compensation and employee benefits for covered state employees until the budget act was enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.96. (a) Notwithstanding Section 13340, for the 2011–12 fiscal year, if the 2011–12 Budget Act is not enacted by July 1, 2011, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit 6 (effective April 1, 2011, to July 2, 2013, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the 2011–12 Budget Act is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2011, of the 2011–12 fiscal year and the enactment of the 2011–12 Budget Act. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit 6 (effective April 1, 2011, to July 2, 2013, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the 2011–12 Budget Act, these expenditures shall be subsumed by the expenditure authority approved in the 2011–12 Budget Act for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 memoranda of understanding (each effective July 1, 2010, to July 1, 2013, inclusive), the State Bargaining Unit 2, 7, 9, 10, or 13 memoranda of understanding (each effective April 1, 2011, to July 1, 2013, inclusive), or the State Bargaining Unit 6 memorandum of understanding (effective April 1, 2011, to July 2, 2013, inclusive). Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for each unit, except State Bargaining Unit 6, expires on July 1, 2013. For purposes of this section, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2013. (Added by renumbering Section 18929.96 by Stats. 2011, Ch. 25, Sec. 7. (SB 151) Effective May 16, 2011.)
  125. 19829.97.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2012–13 Budget Act was not enacted by July 1, 2012, the Controller could use certain funds to pay compensation and employee benefits for covered state employees until the budget act was enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.97. (a) Notwithstanding Section 13340, for the 2012–13 fiscal year, if the 2012–13 Budget Act is not enacted by July 1, 2012, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit 6 (effective April 1, 2011, to July 2, 2013, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the 2012–13 Budget Act is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2012, of the 2012–13 fiscal year and the enactment of the 2012–13 Budget Act. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit 6 (effective April 1, 2011, to July 2, 2013, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the 2012–13 Budget Act, these expenditures shall be subsumed by the expenditure authority approved in the 2012–13 Budget Act for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 memoranda of understanding (each effective July 1, 2010, to July 1, 2013, inclusive), the State Bargaining Unit 2, 7, 9, 10, or 13 memoranda of understanding (each effective April 1, 2011, to July 1, 2013, inclusive), or the State Bargaining Unit 6 memorandum of understanding (effective April 1, 2011, to July 2, 2013, inclusive). Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for each unit, except State Bargaining Unit 6, expires on July 1, 2013. For purposes of this section, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2013. (Amended by Stats. 2011, Ch. 25, Sec. 8. (SB 151) Effective May 16, 2011.)
  126. 19829.98.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2013–14 Budget Act is late, the Controller may use specified funds to pay covered state employees and their benefits until the budget is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.98. (a) Notwithstanding Section 13340, for the 2013–14 fiscal year, if the 2013–14 Budget Act is not enacted by July 1, 2013, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit 6 (effective April 1, 2011, to July 2, 2013, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the 2013–14 Budget Act is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2013, of the 2013–14 fiscal year and the enactment of the 2013–14 Budget Act. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 1, 2010, to July 1, 2013, inclusive), State Bargaining Unit 2, 7, 9, 10, or 13 (each effective April 1, 2011, to July 1, 2013, inclusive), or State Bargaining Unit 6 (effective April 1, 2011, to July 2, 2013, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the 2013–14 Budget Act, these expenditures shall be subsumed by the expenditure authority approved in the 2013–14 Budget Act for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 memoranda of understanding (each effective July 1, 2010, to July 1, 2013, inclusive), the State Bargaining Unit 2, 7, 9, 10, or 13 memoranda of understanding (each effective April 1, 2011, to July 1, 2013, inclusive), or the State Bargaining Unit 6 memorandum of understanding (effective April 1, 2011, to July 2, 2013, inclusive). Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for each unit, except State Bargaining Unit 6, expires on July 1, 2013. For purposes of this section, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2013. (Amended by Stats. 2011, Ch. 25, Sec. 9. (SB 151) Effective May 16, 2011.)
  127. 19829.981.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section lets the Controller pay state employees covered by specified bargaining-unit agreements from available funds if the 2013–14 Budget Act was not enacted by July 1, 2013, and limits spending to what is necessary.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.981. (a) Notwithstanding Section 13340, for the 2013–14 fiscal year, if the 2013–14 Budget Act is not enacted by July 1, 2013, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 3 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 4 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 11 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 14 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 15 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 17 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 20 (effective July 2, 2013, to July 1, 2016, inclusive), and State Bargaining Unit 21 (effective July 2, 2013, to July 1, 2016, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the 2013–14 Budget Act is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2013, of the 2013–14 fiscal year and the enactment of the 2013–14 Budget Act. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 3 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 4 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 11 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 14 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 15 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 17 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 20 (effective July 2, 2013, to July 1, 2016, inclusive), and State Bargaining Unit 21 (effective July 2, 2013, to July 1, 2016, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the 2013–14 Budget Act, these expenditures shall be subsumed by the expenditure authority approved in the 2013–14 Budget Act for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 3 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 4 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 11 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 14 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 15 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 17 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 20 (effective July 2, 2013, to July 1, 2016, inclusive), and State Bargaining Unit 21 (effective July 2, 2013, to July 1, 2016, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 3 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 4 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 11 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 14 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 15 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 17 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 20 expires on July 1, 2016, and the memorandum of understanding for State Bargaining Unit 21 expires on July 1, 2016. (Added by Stats. 2013, Ch. 63, Sec. 5. (AB 1377) Effective July 11, 2013.)
  128. 19829.982.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2014–15 Budget Act is not enacted by July 1, 2014, the Controller may use specified funds to pay compensation and benefits for covered state employees until the Budget Act is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.982. (a) Notwithstanding Section 13340, for the 2014–15 fiscal year, if the 2014–15 Budget Act is not enacted by July 1, 2014, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 3 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 4 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 11 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 14 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 15 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 17 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 20 (effective July 2, 2013, to July 1, 2016, inclusive), and State Bargaining Unit 21 (effective July 2, 2013, to July 1, 2016, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the 2014–15 Budget Act is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2014, of the 2014–15 fiscal year and the enactment of the 2014–15 Budget Act. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 3 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 4 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 11 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 14 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 15 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 17 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 20 (effective July 2, 2013, to July 1, 2016, inclusive), and State Bargaining Unit 21 (effective July 2, 2013, to July 1, 2016, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the 2014–15 Budget Act, these expenditures shall be subsumed by the expenditure authority approved in the 2014–15 Budget Act for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 3 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 4 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 11 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 14 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 15 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 17 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 20 (effective July 2, 2013, to July 1, 2016, inclusive), and State Bargaining Unit 21 (effective July 2, 2013, to July 1, 2016, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 3 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 4 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 11 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 14 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 15 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 17 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 20 expires on July 1, 2016, and the memorandum of understanding for State Bargaining Unit 21 expires on July 1, 2016. (Added by Stats. 2013, Ch. 63, Sec. 6. (AB 1377) Effective July 11, 2013.)
  129. 19829.983.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The section lets the Controller spend only what is necessary to pay certain state employees if the 2015–16 Budget Act was not enacted by July 1, 2015, and it stops applying when the relevant memoranda of understanding expire.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.983. (a) Notwithstanding Section 13340, for the 2015–16 fiscal year, if the 2015–16 Budget Act is not enacted by July 1, 2015, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 3 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 4 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 11 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 14 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 15 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 17 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 20 (effective July 2, 2013, to July 1, 2016, inclusive), and State Bargaining Unit 21 (effective July 2, 2013, to July 1, 2016, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the 2015–16 Budget Act is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2015, of the 2015–16 fiscal year and the enactment of the 2015–16 Budget Act. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 3 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 4 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 11 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 14 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 15 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 17 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 20 (effective July 2, 2013, to July 1, 2016, inclusive), and State Bargaining Unit 21 (effective July 2, 2013, to July 1, 2016, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the 2015–16 Budget Act, these expenditures shall be subsumed by the expenditure authority approved in the 2015–16 Budget Act for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 3 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 4 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 11 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 14 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 15 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 17 (effective July 2, 2013, to July 1, 2016, inclusive), State Bargaining Unit 20 (effective July 2, 2013, to July 1, 2016, inclusive), and State Bargaining Unit 21 (effective July 2, 2013, to July 1, 2016, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 3 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 4 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 11 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 14 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 15 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 17 expires on July 1, 2016, the memorandum of understanding for State Bargaining Unit 20 expires on July 1, 2016, and the memorandum of understanding for State Bargaining Unit 21 expires on July 1, 2016. (Added by Stats. 2013, Ch. 63, Sec. 7. (AB 1377) Effective July 11, 2013.)
  130. 19829.9840.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2016 Budget Act was not enacted by July 1, 2016, the Controller could use specified funds to pay compensation and employee benefits for covered state employees until the act was enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9840. (a) Notwithstanding Section 13340, for the 2016–17 fiscal year, if the Budget Act of 2016 is not enacted by July 1, 2016, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 9 (effective July 2, 2015, to June 30, 2018, inclusive) and State Bargaining Unit 10 (effective July 2, 2015, to July 1, 2018, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2016 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2016, of the 2016–17 fiscal year, and the enactment of the Budget Act of 2016. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 9 (effective July 2, 2015, to June 30, 2018, inclusive) and State Bargaining Unit 10 (effective July 2, 2015, to July 1, 2018, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2016, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2016 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 9 (effective July 2, 2015, to June 30, 2018, inclusive) and State Bargaining Unit 10 (effective July 2, 2015, to July 1, 2018, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2018, and the memorandum of understanding for State Bargaining Unit 10 expires on July 1, 2018. (Added by Stats. 2015, Ch. 322, Sec. 15. (SB 99) Effective September 22, 2015.)
  131. 19829.9841.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2017 Budget Act was not enacted by July 1, 2017, the Controller could use specified funds to pay covered state employees, but only as much as needed and only until the Budget Act was enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9841. (a) Notwithstanding Section 13340, for the 2017–18 fiscal year, if the Budget Act of 2017 is not enacted by July 1, 2017, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 9 (effective July 2, 2015, to June 30, 2018, inclusive) and State Bargaining Unit 10 (effective July 2, 2015, to July 1, 2018, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2017 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2017, of the 2017–18 fiscal year, and the enactment of the Budget Act of 2017. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 9 (effective July 2, 2015, to June 30, 2018, inclusive) and State Bargaining Unit 10 (effective July 2, 2015, to July 1, 2018, inclusive) is in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2017, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2017 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 9 (effective July 2, 2015, to June 30, 2018, inclusive) and State Bargaining Unit 10 (effective July 2, 2015, to July 1, 2018, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the terms of the memoranda of understanding have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2018, and the memorandum of understanding for State Bargaining Unit 10 expires on July 1, 2018. (Added by Stats. 2015, Ch. 322, Sec. 16. (SB 99) Effective September 22, 2015.)
  132. 19829.9842.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2016 Budget Act was not enacted by July 1, 2016, the Controller could spend limited funds to pay covered State Bargaining Unit 6 employees until the Budget Act was enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9842. (a) Notwithstanding Section 13340, for the 2016–17 fiscal year, if the Budget Act of 2016 is not enacted by July 1, 2016, for the memorandum of understanding entered into between the state employer and State Bargaining Unit 6 (effective July 3, 2015, to July 2, 2018, inclusive) there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memorandum of understanding until the Budget Act of 2016 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memorandum of understanding for work performed between July 1, 2016, of the 2016–17 fiscal year and the enactment of the Budget Act of 2016. (b) If the memorandum of understanding entered into between the state employer and State Bargaining Unit 6 (effective July 3, 2015, to July 2, 2018, inclusive) is in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by this bargaining unit shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2016, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2016 for each affected department. (d) This section shall only apply to an employee covered by the term of the State Bargaining Unit 6 (effective July 3, 2015, to July 2, 2018, inclusive) memorandum of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2018. (Added by Stats. 2016, Ch. 12, Sec. 6. (SB 95) Effective May 10, 2016.)
  133. 19829.9843.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2017 Budget Act was not enacted by July 1, 2017, the Controller could use specified funds to pay covered State Bargaining Unit 6 employees until the Budget Act was enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9843. (a) Notwithstanding Section 13340, for the 2017–18 fiscal year, if the Budget Act of 2017 is not enacted by July 1, 2017, for the memorandum of understanding entered into between the state employer and State Bargaining Unit 6 (effective July 3, 2015, to July 2, 2018, inclusive) there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memorandum of understanding until the Budget Act of 2017 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memorandum of understanding for work performed between July 1, 2017, of the 2017–18 fiscal year and the enactment of the Budget Act of 2017. (b) If the memorandum of understanding entered into between the state employer and State Bargaining Unit 6 (effective July 3, 2015, to July 2, 2018, inclusive) is in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by this bargaining unit shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2017, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2017 for each affected department. (d) This section shall only apply to an employee covered by the term of the State Bargaining Unit 6 (effective July 3, 2015, to July 2, 2018, inclusive) memorandum of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2018. (Added by Stats. 2016, Ch. 12, Sec. 7. (SB 95) Effective May 10, 2016.)
  134. 19829.9844.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the Budget Act of 2016 is late, the Controller may spend limited funds to pay covered State Bargaining Unit 12 employees until that budget act is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9844. (a) Notwithstanding Section 13340, for the 2016–17 fiscal year, if the Budget Act of 2016 is not enacted by July 1, 2016, for the memorandum of understanding entered into between the state employer and State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2019, inclusive) there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memorandum of understanding until the Budget Act of 2016 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memorandum of understanding for work performed between July 1, 2016, of the 2016–17 fiscal year and the enactment of the Budget Act of 2016. (b) If the memorandum of understanding entered into between the state employer and State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2019, inclusive) is in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by this bargaining unit shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2016, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2016 for each affected department. (d) This section shall only apply to an employee covered by the term of the State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2019, inclusive) memorandum of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 12 expires on July 1, 2019. (Added by Stats. 2016, Ch. 35, Sec. 9. (SB 848) Effective June 27, 2016.)
  135. 19829.9845.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2017 Budget Act is not enacted by July 1, 2017, the Controller may spend only the amount needed to pay covered state employees until the Act is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9845. (a) Notwithstanding Section 13340, for the 2017–18 fiscal year, if the Budget Act of 2017 is not enacted by July 1, 2017, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 7 (effective July 2, 2016, to July 1, 2019, inclusive), State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2020, inclusive), State Bargaining Unit 13 (effective July 2, 2016, to June 30, 2019, inclusive), State Bargaining Unit 18 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 2, 2016, to January 1, 2020, inclusive), State Bargaining Unit 16 (effective July 1, 2016, to July 1, 2020, inclusive), State Bargaining Unit 19 (effective July 1, 2016, to July 1, 2020, inclusive), and State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2017 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2017, of the 2017–18 fiscal year and the enactment of the Budget Act of 2017. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 7 (effective July 2, 2016, to July 1, 2019, inclusive), State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2020, inclusive), State Bargaining Unit 13 (effective July 2, 2016, to June 30, 2019, inclusive), State Bargaining Unit 18 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 2, 2016, to January 1, 2020, inclusive), State Bargaining Unit 16 (effective July 1, 2016, to July 1, 2020, inclusive), State Bargaining Unit 19 (effective July 1, 2016, to July 1, 2020, inclusive), and State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2017, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2017 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 2 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 7 (effective July 2, 2016, to July 1, 2019, inclusive), State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2020, inclusive), State Bargaining Unit 13 (effective July 2, 2016, to June 30, 2019, inclusive), State Bargaining Unit 18 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 2, 2016, to January 1, 2020, inclusive), State Bargaining Unit 16 (effective July 1, 2016, to July 1, 2020, inclusive), State Bargaining Unit 19 (effective July 1, 2016, to July 1, 2020, inclusive), or State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive) memorandum of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the applicable memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2019, the memoranda of understanding for State Bargaining Units 2, 7, and 18 expire on July 1, 2019, the memoranda of understanding for State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 expire on January 1, 2020, the memoranda of understanding for State Bargaining Units 12, 16, and 19 expire on July 1, 2020, and the memorandum of understanding for State Bargaining Unit 8 expires on July 1, 2021. (Amended by Stats. 2017, Ch. 6, Sec. 5. (SB 131) Effective April 28, 2017. Became operative on June 27, 2017, pursuant to Stats. 2017, Ch. 19, Sec. 26, which repealed Stats. 2017, Ch. 6, Sec. 15.)
  136. 19829.9846.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2018 Budget Act was not enacted by July 1, 2018, the Controller could spend needed funds to pay compensation and benefits for covered state employees until the Budget Act was enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9846. (a) Notwithstanding Section 13340, for the 2018–19 fiscal year, if the Budget Act of 2018 is not enacted by July 1, 2018, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 6 (effective July 3, 2018, to July 2, 2019, inclusive), State Bargaining Unit 7 (effective July 2, 2016, to July 1, 2019, inclusive), State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2020, inclusive), State Bargaining Unit 13 (effective July 2, 2016, to June 30, 2019, inclusive), State Bargaining Unit 18 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 2, 2016, to January 1, 2020, inclusive), State Bargaining Unit 16 (effective July 1, 2016, to July 1, 2020, inclusive), State Bargaining Unit 19 (effective July 1, 2016, to July 1, 2020, inclusive), and State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2018 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2018, of the 2018–19 fiscal year and the enactment of the Budget Act of 2018. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 6 (effective July 3, 2018, to July 2, 2019, inclusive), State Bargaining Unit 7 (effective July 2, 2016, to July 1, 2019, inclusive), State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2020, inclusive), State Bargaining Unit 13 (effective July 2, 2016, to June 30, 2019, inclusive), State Bargaining Unit 18 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 2, 2016, to January 1, 2020, inclusive), State Bargaining Unit 16 (effective July 1, 2016, to July 1, 2020, inclusive), State Bargaining Unit 19 (effective July 1, 2016, to July 1, 2020, inclusive), and State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2018, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2018 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 2 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 6 (effective July 3, 2018, to July 2, 2019, inclusive), State Bargaining Unit 7 (effective July 2, 2016, to July 1, 2019, inclusive), State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2020, inclusive), State Bargaining Unit 13 (effective July 2, 2016, to June 30, 2019, inclusive), State Bargaining Unit 18 (effective July 1, 2016, to July 1, 2019, inclusive), State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 2, 2016, to January 1, 2020, inclusive), State Bargaining Unit 16 (effective July 1, 2016, to July 1, 2020, inclusive), State Bargaining Unit 19 (effective July 1, 2016, to July 1, 2020, inclusive), or State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive) memorandum of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the applicable memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2019, the memoranda of understanding for State Bargaining Units 2, 7, and 18 expire on July 1, 2019, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2019, the memoranda of understanding for State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 expire on January 1, 2020, the memoranda of understanding for State Bargaining Units 12, 16, and 19 expire on July 1, 2020, and the memorandum of understanding for State Bargaining Unit 8 expires on July 1, 2021. (Amended by Stats. 2018, Ch. 49, Sec. 5. (SB 852) Effective June 27, 2018.)
  137. 19829.9847.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2019 Budget Act is late, the Controller can use specified funds to pay covered state employees and benefits until the Act is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9847. (a) Notwithstanding Section 13340, for the 2019–20 fiscal year, if the Budget Act of 2019 is not enacted by July 1, 2019, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 2, 2016, to January 1, 2020, inclusive), State Bargaining Unit 6 (effective July 3, 2018, to July 2, 2019, inclusive), State Bargaining Unit 9 (effective July 1, 2018, to June 30, 2020, inclusive), State Bargaining Unit 10 (effective July 1, 2018, to July 1, 2020, inclusive), State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2020, inclusive), State Bargaining Unit 16 (effective July 1, 2016, to July 1, 2020, inclusive), State Bargaining Unit 19 (effective July 1, 2016, to July 1, 2020, inclusive), and State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2019 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2019, of the 2019–20 fiscal year and the enactment of the Budget Act of 2019. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 2, 2016, to January 1, 2020, inclusive), State Bargaining Unit 6 (effective July 3, 2018, to July 2, 2019, inclusive), State Bargaining Unit 9 (effective July 1, 2018, to June 30, 2020, inclusive), State Bargaining Unit 10 (effective July 1, 2018, to July 1, 2020, inclusive), State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2020, inclusive), State Bargaining Unit 16 (effective July 1, 2016, to July 1, 2020, inclusive), State Bargaining Unit 19 (effective July 1, 2016, to July 1, 2020, inclusive), and State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2019, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2019 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 (each effective July 2, 2016, to January 1, 2020, inclusive), State Bargaining Unit 6 (effective July 3, 2018, to July 2, 2019, inclusive), State Bargaining Unit 9 (effective July 1, 2018, to June 30, 2020, inclusive), State Bargaining Unit 10 (effective July 1, 2018, to July 1, 2020, inclusive), State Bargaining Unit 12 (effective July 1, 2015, to July 1, 2020, inclusive), State Bargaining Unit 16 (effective July 1, 2016, to July 1, 2020, inclusive), State Bargaining Unit 19 (effective July 1, 2016, to July 1, 2020, inclusive), or State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive) memorandum of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the applicable memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2019, the memoranda of understanding for State Bargaining Units 1, 3, 4, 11, 14, 15, 17, 20, and 21 expire on January 1, 2020, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2020, the memoranda of understanding for State Bargaining Units 10, 12, 16, and 19 expire on July 1, 2020, and the memorandum of understanding for State Bargaining Unit 8 expires on July 1, 2021. (Amended by Stats. 2018, Ch. 452, Sec. 5. (SB 873) Effective September 17, 2018.)
  138. 19829.9848.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section lets the Controller spend only what is necessary to pay covered state employees’ compensation and benefits if the 2020 Budget Act is late.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9848. (a) Notwithstanding Section 13340, for the 2020–21 fiscal year, if the Budget Act of 2020 is not enacted by July 1, 2020, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 2 (effective July 2, 2019, to July 1, 2020, inclusive), State Bargaining Unit 3 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 4 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2019, to July 2, 2020, inclusive), State Bargaining Unit 7 (effective July 2, 2019, to July 1, 2023, inclusive), State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive), State Bargaining Unit 9 (effective July 1, 2020, to July 1, 2022, inclusive), State Bargaining Unit 10 (effective July 1, 2018, to July 1, 2020, inclusive), State Bargaining Unit 11 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 12 (effective July 1, 2020, to June 30, 2021, inclusive), State Bargaining Unit 13 (effective July 1, 2019, to June 30, 2022, inclusive), State Bargaining Unit 14 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 15 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2022, inclusive), State Bargaining Unit 17 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 18 (effective July 2, 2019, to July 1, 2022, inclusive), State Bargaining Unit 20 (effective January 2, 2020, to June 30, 2023, inclusive), and State Bargaining Unit 21 (effective January 2, 2020, to June 30, 2023, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2020 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2020, of the 2020–21 fiscal year and the enactment of the Budget Act of 2020. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 2 (effective July 2, 2019, to July 1, 2020, inclusive), State Bargaining Unit 3 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 4 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2019, to July 2, 2020, inclusive), State Bargaining Unit 7 (effective July 2, 2019, to July 1, 2023, inclusive), State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive), State Bargaining Unit 9 (effective July 1, 2020, to July 1, 2022, inclusive), State Bargaining Unit 10 (effective July 1, 2018, to July 1, 2020, inclusive), State Bargaining Unit 11 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 12 (effective July 1, 2020, to June 30, 2021, inclusive), State Bargaining Unit 13 (effective July 1, 2019, to June 30, 2022, inclusive), State Bargaining Unit 14 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 15 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2022, inclusive), State Bargaining Unit 17 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 18 (effective July 2, 2019, to July 1, 2022, inclusive), State Bargaining Unit 20 (effective January 2, 2020, to June 30, 2023, inclusive), and State Bargaining Unit 21 (effective January 2, 2020, to June 30, 2023, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2020, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2020 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 2 (effective July 2, 2019, to July 1, 2020, inclusive), State Bargaining Unit 3 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 4 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2019, to July 2, 2020, inclusive), State Bargaining Unit 7 (effective July 2, 2019, to July 1, 2023, inclusive), State Bargaining Unit 8 (effective January 1, 2017, to July 1, 2021, inclusive), State Bargaining Unit 9 (effective July 1, 2020, to July 1, 2022, inclusive), State Bargaining Unit 10 (effective July 1, 2018, to July 1, 2020, inclusive), State Bargaining Unit 11 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 12 (effective July 1, 2020, to June 30, 2021, inclusive), State Bargaining Unit 13 (effective July 1, 2019, to June 30, 2022, inclusive), State Bargaining Unit 14 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 15 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2022, inclusive), State Bargaining Unit 17 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 18 (effective July 2, 2019, to July 1, 2022, inclusive), State Bargaining Unit 20 (effective January 2, 2020, to June 30, 2023, inclusive), and State Bargaining Unit 21 (effective January 2, 2020, to June 30, 2023, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the terms of the memoranda of understanding have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 2 expires on July 1, 2020, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2020, the memorandum of understanding for State Bargaining Unit 7 expires on July 1, 2023, the memorandum of understanding for State Bargaining Unit 8 expires on July 1, 2021, the memorandum of understanding for State Bargaining Unit 9 expires on July 1, 2022, the memorandum of understanding for State Bargaining Unit 10 expires on July 1, 2020, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2021, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2022, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2022, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2022, the memorandum of understanding for State Bargaining Unit 20 expires on June 30, 2023, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2023. (Amended by Stats. 2020, Ch. 30, Sec. 6. (SB 119) Effective August 6, 2020.)
  139. 19829.9849.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2021 Budget Act was not enacted by July 1, 2021, the Controller could use continuously appropriated funds to pay covered state employees and benefits for specified bargaining-unit agreements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9849. (a) Notwithstanding Section 13340, for the 2021–22 fiscal year, if the Budget Act of 2021 is not enacted by July 1, 2021, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 2 (effective July 1, 2021, to June 30, 2022, inclusive), State Bargaining Unit 3 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 4 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, inclusive), State Bargaining Unit 7 (effective July 2, 2019, to July 1, 2023, inclusive), State Bargaining Unit 8 (effective July 1, 2021 to June 30, 2022, inclusive), State Bargaining Unit 9 (effective July 1, 2020, to July 1, 2022, inclusive), State Bargaining Unit 11 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 12 (effective July 1, 2021, to June 30, 2023, inclusive), State Bargaining Unit 13 (effective July 1, 2019, to June 30, 2022, inclusive), State Bargaining Unit 14 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 15 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 18 (effective July 2, 2019, to July 1, 2022, inclusive), State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 20 (effective January 2, 2020, to June 30, 2023, inclusive), and State Bargaining Unit 21 (effective January 2, 2020, to June 30, 2023, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2022 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2021, of the 2021–22 fiscal year and the enactment of the Budget Act of 2021. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 2 (effective July 1, 2021, to June 30, 2022, inclusive), State Bargaining Unit 3 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 4 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, inclusive), State Bargaining Unit 7 (effective July 2, 2019, to July 1, 2023, inclusive), State Bargaining Unit 8 (effective July 1, 2021 to June 30, 2022, inclusive), State Bargaining Unit 9 (effective July 1, 2020, to July 1, 2022, inclusive), State Bargaining Unit 11 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 12 (effective July 1, 2021, to June 30, 2023, inclusive), State Bargaining Unit 13 (effective July 1, 2019, to June 30, 2022, inclusive), State Bargaining Unit 14 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 15 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 18 (effective July 2, 2019, to July 1, 2022, inclusive), State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 20 (effective January 2, 2020, to June 30, 2023, inclusive), and State Bargaining Unit 21 (effective January 2, 2020, to June 30, 2023, inclusive) is in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2021, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2021 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 2 (effective July 1, 2021, to June 30, 2022, inclusive), State Bargaining Unit 3 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 4 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, inclusive), State Bargaining Unit 7 (effective July 2, 2019, to July 1, 2023, inclusive), State Bargaining Unit 8 (effective July 1, 2021 to June 30, 2022, inclusive), State Bargaining Unit 9 (effective July 1, 2020, to July 1, 2022, inclusive), State Bargaining Unit 11 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 12 (effective July 1, 2021, to June 30, 2023, inclusive), State Bargaining Unit 13 (effective July 1, 2019, to June 30, 2022, inclusive), State Bargaining Unit 14 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 15 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 18 (effective July 2, 2019, to July 1, 2022, inclusive), State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 20 (effective January 2, 2020, to June 30, 2023, inclusive), and State Bargaining Unit 21 (effective January 2, 2020, to June 30, 2023, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2022, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2023, the memorandum of understanding for State Bargaining Unit 7 expires on July 1, 2023, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2022, the memorandum of understanding for State Bargaining Unit 9 expires on July 1, 2022, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2022, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2023, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2022, the memorandum of understanding for State Bargaining Unit 19 expires on July 1, 2023, the memorandum of understanding for State Bargaining Unit 20 expires on June 30, 2023, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2023. (Amended by Stats. 2021, Ch. 279, Sec. 5. (SB 165) Effective September 23, 2021.)
  140. 19829.9850.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2022–23 Budget Act is not enacted by July 1, 2022, the Controller may use specified funds to pay compensation and employee benefits for covered state employees until the Budget Act is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9850. (a) Notwithstanding Section 13340, for the 2022–23 fiscal year, if the Budget Act of 2022 is not enacted by July 1, 2022, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 2 (effective July 1, 2022 to June 30, 2025, inclusive), State Bargaining Unit 3 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 4 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, inclusive), State Bargaining Unit 7 (effective July 2, 2019, to July 1, 2023, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 12 (effective July 1, 2021, to June 30, 2023, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 15 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 20 (effective January 2, 2020, to June 30, 2023, inclusive), and State Bargaining Unit 21 (effective January 2, 2020, to June 30, 2023, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2022 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2022, of the 2022–23 fiscal year and the enactment of the Budget Act of 2022. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 2 (effective July 1, 2022 to June 30, 2025, inclusive), State Bargaining Unit 3 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 4 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, inclusive), State Bargaining Unit 7 (effective July 2, 2019, to July 1, 2023, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 12 (effective July 1, 2021, to June 30, 2023, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 15 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 20 (effective January 2, 2020, to June 30, 2023, inclusive), and State Bargaining Unit 21 (effective January 2, 2020, to June 30, 2023, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2022, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2022 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 4 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2020, to July 2, 2023, inclusive), State Bargaining Unit 7 (effective July 2, 2019, to July 1, 2023, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 12 (effective July 1, 2021, to June 30, 2023, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 15 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 16 (effective July 1, 2020, to July 1, 2023, inclusive), State Bargaining Unit 17 (effective January 2, 2020, to June 30, 2023, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2020, to July 1, 2023, inclusive), State Bargaining Unit 20 (effective January 2, 2020, to June 30, 2023, inclusive), and State Bargaining Unit 21 (effective January 2, 2020, to June 30, 2023, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2023, the memorandum of understanding for State Bargaining Unit 7 expires on July 1, 2023, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2024, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 12 expires June 30, 2023, the memorandum of understanding for State Bargaining Unit 13 expires June 30, 2025, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2023, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2023, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025, the memorandum of understanding for State Bargaining Unit 19 expires on July 1, 2023, the memorandum of understanding for State Bargaining Unit 20 expires on June 30, 2023, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2023. (Amended by Stats. 2022, Ch. 250, Sec. 5. (AB 151) Effective September 6, 2022.)
  141. 19829.9851.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the Budget Act of 2023 is late, the Controller may use specified funds to pay covered state employees and benefits until that budget act is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9851. (a) Notwithstanding Section 13340, for the 2023–24 fiscal year, if the Budget Act of 2023 is not enacted by July 1, 2023, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 1, 2023, to July 2, 2025, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023, to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2023 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2023, of the 2023–24 fiscal year and the enactment of the Budget Act of 2023. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023 to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2023, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2023 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2019, to July 3, 2024, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2022, to June 30, 2024, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023, to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and the State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memoranda of understanding have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 5 expires on July 3, 2024, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2025, the memorandum of understanding for State Bargaining Unit 7 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2024, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2025, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025, the memorandum of understanding for State Bargaining Unit 19 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 20 expires June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026. (Amended by Stats. 2023, Ch. 211, Sec. 5.5. (SB 151) Effective September 22, 2023.)
  142. 19829.9852.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2024 Budget Act is late, the Controller may use available funds to pay covered state employees until the act is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9852. (a) Notwithstanding Section 13340, for the 2024–25 fiscal year, if the Budget Act of 2024 is not enacted by July 1, 2024, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023 to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023, to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2024 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2024, of the 2024–25 fiscal year and the enactment of the Budget Act of 2024. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023, to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2024, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2024 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 2 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2023, to July 2, 2025, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive), State Bargaining Unit 9 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 13 (effective July 1, 2022, to June 30, 2025, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023, to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 19 (effective July 2, 2023, to June 30, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memoranda of understanding have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 5 expires on June 30, 2027, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2025, the memorandum of understanding for State Bargaining Unit 7 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 10 expires on July 1, 2027, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2025, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025, the memorandum of understanding for State Bargaining Unit 19 expires on June 30, 2025, the memorandum of understanding for State Bargaining Unit 20 expires June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026. (Amended by Stats. 2025, Ch. 67, Sec. 91. (AB 1170) Effective January 1, 2026.)
  143. 19829.9853.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2025 Budget Act is not enacted by July 1, 2025, the Controller may use specified funds to pay compensation and employee benefits for covered state employees until the Budget Act is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9853. (a) Notwithstanding Section 13340, for the 2025–26 fiscal year, if the Budget Act of 2025 is not enacted by July 1, 2025, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023, to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2025 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memorandum of understanding for work performed between July 1, 2025, of the 2025–26 fiscal year and the enactment of the Budget Act of 2025. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023, to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2025, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2025 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 1 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 3 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 4 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2026, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 11 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 14 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 15 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 16 (effective July 1, 2023, to July 1, 2025, inclusive), State Bargaining Unit 17 (effective July 1, 2023, to June 30, 2026, inclusive), State Bargaining Unit 18 (effective July 1, 2022, to July 1, 2025, inclusive), State Bargaining Unit 20 (effective July 1, 2023, to June 30, 2026, inclusive), and State Bargaining Unit 21 (effective July 1, 2023, to June 30, 2026, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memoranda of understanding have expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 1 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 3 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 4 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 5 expires on June 30, 2027, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2028, the memorandum of understanding for State Bargaining Unit 7 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2028, the memorandum of understanding for State Bargaining Unit 10 expires on July 1, 2027, the memorandum of understanding for State Bargaining Unit 11 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2027, the memorandum of understanding for State Bargaining Unit 14 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 15 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2025, the memorandum of understanding for State Bargaining Unit 17 expires on June 30, 2026, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2025, the memorandum of understanding for State Bargaining Unit 20 expires on June 30, 2026, and the memorandum of understanding for State Bargaining Unit 21 expires on June 30, 2026. (Amended by Stats. 2025, Ch. 26, Sec. 5.5. (SB 140) Effective June 30, 2025.)
  144. 19829.9854.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2026 Budget Act is late, the Controller may use limited funds to pay covered state employees and benefits until the act is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9854. (a) Notwithstanding Section 13340, for the 2026–27 fiscal year, if the Budget Act of 2026 is not enacted by July 1, 2026, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 13 (effective July 1, 2025, to June 30, 2027, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive), and State Bargaining Unit 19 (effective July 1, 2025, to June 30, 2028, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2026 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2026, of the 2026–27 fiscal year and the enactment of the Budget Act of 2026. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 13 (effective July 1, 2025, to June 30, 2027, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive), and State Bargaining Unit 19 (effective July 1, 2025, to June 30, 2028, inclusive), are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the memoranda of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2026, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2026 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 2 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 5 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 7 (effective July 1, 2023, to June 30, 2027, inclusive), State Bargaining Unit 8 (effective July 1, 2024, to June 30, 2027, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 12 (effective July 1, 2023, to June 30, 2027), State Bargaining Unit 13 (effective July 1, 2025, to June 30, 2027, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive), and State Bargaining Unit 19 (effective July 1, 2025, to June 30, 2028, inclusive), memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the memoranda of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2028, the memorandum of understanding for State Bargaining Unit 5 expires on June 30, 2027, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2028, the memorandum of understanding for State Bargaining Unit 7 expires on June 30, 2027, the memorandum of understanding for State Bargaining Unit 8 expires on June 30, 2027, the memorandum for State Bargaining Unit 9 expires on June 30, 2028, the memorandum of understanding for State Bargaining Unit 10 expires on July 1, 2027, the memorandum of understanding for State Bargaining Unit 12 expires on June 30, 2027, the memorandum of understanding for State Bargaining Unit 13 expires on June 30, 2027, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2028, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2028, and the memorandum of understanding for State Bargaining Unit 19 expires on June 30, 2028. (Amended by Stats. 2025, Ch. 114, Sec. 5. (SB 161) Effective September 17, 2025.)
  145. 19829.9855.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2027 Budget Act is late, the Controller may use specified funds to pay covered state employees and benefits under listed labor agreements until the Budget Act is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9855. (a) Notwithstanding Section 13340, for the 2027–28 fiscal year, if the Budget Act of 2027 is not enacted by July 1, 2027, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive), and State Bargaining Unit 19 (effective July 1, 2025, to June 30, 2028, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2027 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2027, of the 2027–28 fiscal year and the enactment of the Budget Act of 2027. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 2 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive), and State Bargaining Unit 19 (effective July 1, 2025, to June 30, 2028, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by these bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2027, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2027 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 2 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 9 (effective July 1, 2025, to June 30, 2028, inclusive), State Bargaining Unit 10 (effective July 1, 2024, to July 1, 2027, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive), and State Bargaining Unit 19 (effective July 1, 2025, to June 30, 2028, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the applicable memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 2 expires on June 30, 2028, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2028, the memorandum of understanding for State Bargaining Unit 9 expires on June 30, 2028, the memorandum of understanding for State Bargaining Unit 10 expires on July 1, 2027, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2028, the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2028, and the memorandum of understanding for State Bargaining Unit 19 expires on June 30, 2028. (Amended by Stats. 2025, Ch. 114, Sec. 6. (SB 161) Effective September 17, 2025.)
  146. 19829.9856.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the 2028 Budget Act is late, the Controller may use specified funds to pay covered state employees and benefits until the Budget Act is enacted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19829.9856. (a) Notwithstanding Section 13340, for the 2028–29 fiscal year, if the Budget Act of 2028 is not enacted by July 1, 2028, for the memoranda of understanding entered into between the state employer and State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), and State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive), there is hereby continuously appropriated to the Controller from the General Fund, unallocated special funds, including, but not limited to, federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by the above memoranda of understanding until the Budget Act of 2028 is enacted. The Controller may expend an amount no greater than necessary to enable the Controller to compensate state employees covered by the above memoranda of understanding for work performed between July 1, 2028, of the 2028–29 fiscal year and the enactment of the Budget Act of 2028. (b) If the memoranda of understanding entered into between the state employer and State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), and State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive) are in effect and approved by the Legislature, the compensation and contribution for employee benefits for state employees represented by the bargaining units shall be at a rate consistent with the applicable memorandum of understanding referenced above, unless otherwise provided for by the Budget Act or other legislative enactment. (c) Expenditures related to any warrant drawn pursuant to subdivision (a) are not augmentations to the expenditure authority of a department. Upon the enactment of the Budget Act of 2028, these expenditures shall be subsumed by the expenditure authority approved in the Budget Act of 2028 for each affected department. (d) This section shall only apply to an employee covered by the terms of the State Bargaining Unit 6 (effective July 3, 2025, to July 2, 2028, inclusive), State Bargaining Unit 16 (effective July 1, 2025, to July 1, 2028, inclusive), and State Bargaining Unit 18 (effective July 1, 2025, to July 1, 2028, inclusive) memoranda of understanding. Notwithstanding Section 3517.8, this section shall not apply after the term of the applicable memorandum of understanding has expired. For purposes of this section, the memorandum of understanding for State Bargaining Unit 6 expires on July 2, 2028, the memorandum of understanding for State Bargaining Unit 16 expires on July 1, 2028, and the memorandum of understanding for State Bargaining Unit 18 expires on July 1, 2028. (Amended by Stats. 2025, Ch. 114, Sec. 7. (SB 161) Effective September 17, 2025.)
  147. 19830.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The appointing power must report prevailing wage rates for each position, and the department must consider local wages when setting salary limits and cannot set minimum salaries below the prevailing rate.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19830. (a) The minimum and maximum salary limits for laborers, workers, and mechanics employed on an hourly or per diem basis need not be uniform throughout the state, but the appointing power shall ascertain and report to the department, as to each position, the general prevailing rate of the wages in the various localities of the state. In fixing the minimum and maximum salary limits within the various localities of the state, the department shall take into account the prevailing rates of wages in the localities in which the employee is to work and other relevant factors, and shall not fix the minimum salary limits below the general prevailing rate so ascertained and reported for the various localities. (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 the 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. (Amended by Stats. 1983, Ch. 1040, Sec. 17.)
  148. 19831.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may authorize payments into a private fund for health and welfare benefits for certain nonpermanent employees, if the listed conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19831. (a) The department may authorize payments into a private fund to provide health and welfare benefits to nonpermanent employees in classes compensated in accordance with the provisions of Section 19830 where the department finds as to any position that: (1) The payments by employers are the prevailing practice in comparable employment in the locality of the work and the payments are for the purpose of providing to employees specified benefits such as, but not limited to, hospital, medical, surgical, and life insurance, sick leave, vacation allowance, pensions, supplementary unemployment and disability compensation, and other similar or related health and welfare benefits, or any combination thereof. (2) Participation in the benefits provided by the funds is not limited to state employees. (3) The provisions of the plans which provide the benefits meet the standards established by the department. (b) Payments made by the state to any fund on behalf of any employee shall be in lieu of benefits such as vacation allowance, sick leave, and retirement which are now or may hereafter be granted directly by the state in accordance with law. (c) The department is empowered to determine the equitable application of this section to insure that the employees receive benefits comparable to, but not in excess of, those provided in comparable private employment. (d) The payments authorized by this section shall be a proper charge against any funds available for the support of the employing agency. (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 the 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. (Amended by Stats. 1983, Ch. 1040, Sec. 18.)
  149. 19832.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Employees get a merit salary adjustment after one year in the position if they meet the efficiency standards set by the department; some employees must also get written notice of a denial 10 working days before the adjustment’s proposed effective date.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19832. (a) After completion of the first year in a position, each employee shall receive a merit salary adjustment equivalent to one of the intermediate steps during each year when they meet the standards of efficiency as the department by rule shall prescribe. (b) An employee who is excluded from the definition of “state employee” in subdivision (c) of Section 3513 shall be informed in writing of a merit salary adjustment denial 10 working days before the proposed effective date of the adjustment. (c) 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 the 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. (Amended by Stats. 2024, Ch. 804, Sec. 1. (AB 1137) Effective January 1, 2025.)
  150. 19833.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must increase the maximum compensation limit annually, on the same terms as increases for other employees, when pay is set as a fixed amount per unit of work with a maximum annual, monthly, or biweekly cap.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19833. (a) When the compensation of an employee is established at a fixed amount per unit of work with a maximum limit for the employee’s total annual, monthly, or biweekly compensation as an alternative method of compensation for the salary fixed for the class, the department shall provide for annual increases in the maximum limit equal in amount and payable under the same conditions as for other employees. (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. (Amended by Stats. 2024, Ch. 52, Sec. 11. (AB 171) Effective July 2, 2024.)
  151. 19834.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Automatic salary adjustments must be made for state civil service employees, unless there is not enough money in the relevant appropriation and the director certifies that shortage.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19834. (a) Automatic salary adjustments shall be made for employees in the state civil service in accordance with this chapter and department rule adopted pursuant hereto, notwithstanding the power now or hereafter conferred on any officer to fix or approve the fixing of salaries, unless there is not sufficient money available for the purpose in the appropriation from which the salary shall be paid and the director shall so certify. (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 the 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. (Amended by Stats. 2001, Ch. 364, Sec. 20. Effective September 27, 2001.)
  152. 19835.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An employee’s right to automatic salary adjustments can accumulate for up to two years, and a lack of appropriated funds does not make the employee lose intermediate-step adjustments for that period.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19835. (a) The right of an employee to automatic salary adjustments is cumulative for a period not to exceed two years and he or she shall not, in the event of an insufficiency of appropriation, lose his or her right to these adjustments for the intermediate steps to which he or she may be entitled for this period. (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 the 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. (Amended by Stats. 2001, Ch. 364, Sec. 21. Effective September 27, 2001.)
  153. 19835.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    When submitting budgetary requirements to the Director of Finance, each appointing power must estimate and highlight the need for enough money to cover appropriate salary adjustments for employees under its jurisdiction.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19835.5. In submitting budgetary requirements to the Director of Finance, each appointing power shall carefully estimate and call attention to the need for money sufficient to provide for appropriate salary adjustments for the employees under his or her jurisdiction. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  154. 19836.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may approve certain salary payments above the minimum, and some salary adjustments need application by the appointing power and approval by the director.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19836. (a) The department may authorize payment at any step above the minimum salary limit to classes or positions in order to meet recruiting problems, to obtain a person who has extraordinary qualifications, to correct salary inequities resulting from actions by the department or State Personnel Board, or to give credit for prior state service in connection with appointments, promotions, reinstatements, transfers, reallocations, or demotions. Other salary adjustments within the salary range for the class may be made upon the application of the appointing power and with the approval of the director. Adjustments within the salary range authorized by this section may be either permanent or temporary and may be made retroactive to the date of application for this change. (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 the 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. (Amended by Stats. 2001, Ch. 364, Sec. 22. Effective September 27, 2001.)
  155. 19837.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Employees in a class must be paid within the class salary limits, with limited department authority to approve pay above the maximum in specified cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19837. (a) Employees in a class shall receive a salary within the limits established for that class; provided, that when a position has been allocated to a lower class or the salary range or rate of pay of the class is reduced, the department may authorize the payment of a rate above the maximum of the class; and provided further, that when an employee is moved to a position in a lower class because of reductions in force or other management-initiated changes, the department may, when recommended by the appointing power, authorize the payment of a rate above the maximum of the class for such time as the department may designate to the employee whose service has been fully satisfactory, who has completed a minimum of 10 years of state service, and who meets other eligibility standards established by the department. “State service,” for the purpose of this section, may include up to one year during which the employee was off the state payroll while laid off, or on leave of absence for the purpose of lessening the effect of impending layoff or demotion. It is the responsibility of the employee to request credit for such time from the department. Such service shall not be credited for retirement purposes. The department may, upon recommendation of the appointing power, apply the provisions of this section to employees who, prior to the effective date of the amendments to this section made at the 1971 Regular Session of the Legislature, moved to a position in a lower class because of reductions in force or other management-initiated changes, provided such employees have more than 30 years state service prior to the effective date of such amendments and were so demoted on July 1, 1968. During such time as an employee’s salary remains above the maximum rate of pay for his or her class, the employee shall not receive further salary increases. (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. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  156. 19838.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the state finds an employee was overpaid, it must notify the employee and let the employee respond before recoupment starts.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 3. Salary Classification [19824 - 19838] ( Article 3 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19838. (a) When the state determines an overpayment has been made to an employee, it shall notify the employee of the overpayment and afford the employee an opportunity to respond prior to commencing recoupment actions. Thereafter, reimbursement shall be made to the state through one of the following methods mutually agreed to by the employee and the state: (1) Cash payment or payments. (2) Installments through payroll deduction to cover at least the same number of pay periods in which the error occurred. When overpayments have continued for more than one year, full payment may be required by the state through payroll deductions over the period of one year. (3) The adjustment of appropriate leave credits or compensating time off, provided that the overpayment involves the accrual or crediting of leave credits (e.g., vacation, annual leave, or holiday) or compensating time off. Any errors in sick leave balances may only be adjusted with sick leave credits. Absent mutual agreement on a method of reimbursement, the state shall proceed with recoupment in the manner set forth in paragraph (2). (b) An employee who is separated from employment prior to full repayment of the amount owed shall have withheld from any money owing the employee upon separation an amount sufficient to provide full repayment. If the amount of money owing upon separation is insufficient to provide full reimbursement to the state, the state shall have the right to exercise any and all other legal means to recover the additional amount owed. (c) Amounts deducted from payment of salary or wages pursuant to the above provisions, except as provided in subdivision (b), shall in no event exceed 25 percent of the employee’s net disposable earnings. (d) An administrative action shall not be taken by the state pursuant to this section to recover an overpayment unless the action is initiated within three years from the date of overpayment. If an overpayment involves leave credits, the date of overpayment is the date that the employee receives compensation in exchange for leave erroneously credited to the employee. For purposes of this section, leave hours are considered exchanged for compensation in the order they were credited. (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 the 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. (Amended by Stats. 2016, Ch. 35, Sec. 12. (SB 848) Effective June 27, 2016.)
  157. 19839.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section sets when employees are entitled to lump-sum payment for unused leave or overtime time off when they separate from state service, and when such payments are barred or adjusted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19839. (a) Upon separation from service without fault on his or her part, a person is entitled to a lump-sum payment as of the time of separation for any unused or accumulated vacation or annual leave or for any time off to which he or she is entitled by reason of previous overtime work where compensating time off for overtime work is provided for by the appointing power or by rules of the department. This sum shall be computed by projecting the accumulated time on a calendar basis so that the lump sum will equal the amount which the employee would have been paid had he or she taken the time off but not separated from the service. (b) Persons separated from service through fault of their own are entitled to a lump-sum payment for compensating time off for overtime work, and in addition, the portion, if any, of unused vacation or annual leave as the department may determine. The computation of this sum shall be based on actual accumulated time without projection as provided in subdivision (a). (c) Lump-sum payment for vacation or annual leave shall not be made to a person who separates from a position for the purpose of accepting another position in the state service except upon movement to a position in which vacation credits or annual leave are neither accrued nor used. However, a lump-sum payment shall not be made to a person who returns to a position in the same class and agency within 15 working days of the date of his or her resignation. (d) Except for payment authorized or excluded under subdivision (c), an employee who returns to state service during the period through which his or her lump-sum payment was computed may refund the amount of lump-sum payment which exceeds his or her break in service and have the balance of credits restored as though he or she had remained in state service and taken the time off. (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 the 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. (Amended by Stats. 1986, Ch. 657, Sec. 1.)
  158. 19839.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Departments must send the Controller a payment request for undisputed amounts due under Section 19839 within 25 days after an employee separates, unless a conflicting memorandum of understanding applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19839.5. Unless in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, every department shall calculate and forward to the Controller a request for payment of all undisputed amounts due under Section 19839 within 25 days of the date of separation of the employee. (Added by Stats. 1989, Ch. 509, Sec. 1.)
  159. 19840.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Employees with qualifying overtime time off may receive a lump-sum payment instead of the time off, and the payment is made at the rate for the position when payment or separation occurs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19840. (a) Any time off to which an employee is entitled by reason of overtime worked prior to June 9, 1948, may be compensated by a lump sum payment in the manner provided in Section 19839 at any time prior to the separation of the employee from service or upon such separation. Payment shall be at the rate established for the position as of the date of payment or the date of separation as the case may be. (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. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  160. 19841.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    A state officer or employee who must move because of work-related reassignment, promotion, or a similar reason is entitled to reimbursement of actual and necessary moving-related expenses, subject to stated maximum allowances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19841. (a) Notwithstanding Section 11030, whenever a state officer or employee is required by the appointing power because of a change in assignment, promotion, or other reason related to his or her duties to change his or her place of residence, the officer, agent, or employee shall receive his or her actual and necessary moving, traveling, lodging, and meal expenses incurred by him or her both before and after and by reason of the change of residence. The maximum allowances for these expenses shall be as follows: the costs of packing, transporting, and unpacking 11,000 pounds of household effects, traveling, lodging, and meal expenses for 60 days while locating a permanent residence, storage of household effects for 60 days, and additional miscellaneous allowances not in excess of two hundred dollars ($200). The maximum allowances may be exceeded where the director determines that the change of residence will result in unusual and unavoidable hardship for the officer or employee, and in those cases the director shall determine the maximum allowances to be received by the officer or employee. (b) If a change of residence reasonably requires the sale of a residence or the settlement of an unexpired lease, the officer or employee may be reimbursed for any of the following expenses: (1) The settlement of the unexpired lease to a maximum of one year. Upon the date of surrender of the premises by the employee who is the lessee, the rights and obligations of the parties to the lease shall be as determined by Section 1951.2 of the Civil Code. The state shall be absolved of responsibility for an unexpired lease if the department determines the employee knew or reasonably should have known that a transfer involving a physical move was imminent before entering into the lease agreement. (2) In the event of residence sale, reimbursement for brokerage and other related selling fees or charges, as determined by regulations of the department, customarily charged for like services in the locality where the residence is located. (c) 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 the 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. (Amended by Stats. 2002, Ch. 1, Sec. 24. Effective January 16, 2002.)
  161. 19842.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may pay some or all travel and moving expenses for certain applicants or new employees, but only with required certifications. If a person does not take or stay in the job for two years for reasons not approved by the department, they must repay those expenses unless a satisfactory reason applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19842. (a) For the purpose of facilitating either the recruitment of professional and technically trained persons to fill positions for which there is a shortage of qualified applicants or hiring to achieve goals developed pursuant to Section 19790, the department may authorize payment of all or a part of the travel expense of applicants who are called for interview and all or a part of the travel and moving expense of persons who change their place of residence to accept employment with the state. These payments shall be authorized only upon the certification of the appointing power and the department that the expenditure is necessary in order to recruit qualified persons needed by the state. If, for reasons that do not meet the approval of the state department concerned, the employee or applicant for employment does not accept or continue the employment for a period of two years, he or she shall reimburse the state department for the moving and travel expenses for the full or proportionate amount. For the purposes of this section, satisfactory reasons for not completing two years of employment shall be death, prolonged illness, disability, unacceptability of the applicant or employee to the state department, and similar eventualities beyond the control of the applicant or employee. (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 the 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. (Amended by Stats. 1991, Ch. 833, Sec. 2.)
  162. 19842.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Department rules govern vacation, sick leave, salary, and other employment conditions for intermittent or irregular-time-base employees, and conflicting memorandum-of-understanding terms can control unless special funding approval is required.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19842.5. For persons employed on an intermittent or irregular time base, the vacation and sick leave privileges, salary, and other conditions of employment governed by this part shall be subject to department rule. 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 the 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. (Added by renumbering Section 19100 by Stats. 1989, Ch. 103, Sec. 9.)
  163. 19843.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must set and adjust workweek groups and assign each covered class or position to a group; it may also create different workweek group arrangements and provide overtime payment in designated classes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19843. (a) For each class or position for which biweekly, monthly, or annual salary range is established by the department, the department shall establish and adjust workweek groups and shall assign each class or position to a workweek group. The department, after considering the needs of the state service and prevailing overtime compensation practices, may establish workweek groups of different lengths or of the same length but requiring different methods of recognizing or providing compensation for overtime. The department may also provide for the payment of overtime in designated classes for work performed after the normal scheduled workday or normal scheduled workweek. (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. (Amended by Stats. 2024, Ch. 52, Sec. 12. (AB 171) Effective July 2, 2024.)
  164. 19844.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must set how ordered overtime and critical-emergency overtime is compensated, and it may choose cash pay or compensating time off within stated limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19844. (a) The department shall provide the extent to which, and establish the method by which, ordered overtime or overtime in times of critical emergency is compensated. The department may provide for cash compensation at a rate not to exceed 11/2 times the regular rate of pay, and the rate may vary within a class depending upon the conditions of work, or the department may provide for compensating time off at a rate not to exceed 11/2 hours of time off for each hour of overtime worked. The provisions made under this section shall be based on the practices of private industry and other public employment, the needs of state service, and internal relationships. (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. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  165. 19844.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Certain leave time cannot be counted as time worked when calculating overtime pay or compensatory time off.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19844.1. (a) Notwithstanding any other provision of law, personal leave, sick leave, annual leave, vacation, bereavement leave, holiday leave, and any other paid or unpaid leave, shall not be considered as time worked by the employee for the purpose of computing cash compensation for overtime or compensating time off for overtime. (b) If subdivision (a) is in conflict with the provisions of a memorandum of understanding reached or amended pursuant to Section 3517.5 on or after February 1, 2009, or the date that the act adding this section takes effect, whichever is later, that memorandum of understanding shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 4, Sec. 5. Effective February 20, 2009.)
  166. 19844.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Eligible state employees called into certain emergency service missions are entitled to administrative time off, subject to time limits and release procedures.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19844.5. (a) A state employee who is called into service by the Office of Emergency Services pursuant to a mission assignment number for the purpose of engaging in a search and rescue operation, disaster mission, or other life-saving mission conducted within the state is entitled to administrative time off from his or her appointing power. The appointing power shall not be liable for payment of any disability or death benefits in the event the employee is injured or killed in the course of service to the Office of Emergency Services, but the employee shall remain entitled to any benefits currently provided by the agency. (b) The period of the duty described in subdivision (a) shall not exceed 10 calendar days per fiscal year, including the time involved in going to and returning from the duty. A single mission shall not exceed three days, unless an extension of time is granted by the office and the appointing power. (c) This section shall apply only to volunteers participating in the California Explorer Search and Rescue Team, Drowning Accident Rescue Team, Wilderness Organization of Finders, California Rescue Dog Association, and the California Wing of the Civil Air Patrol. (d) A state employee engaging in a duty as described in this section shall not receive overtime compensation for the hours of time off taken but shall receive normal compensation. (e) A state employee shall be released to engage in a duty described in this section at the discretion of the appointing power. However, leave shall not be unreasonably denied. The appointing power shall also establish a procedure whereby state employees who receive weekend or evening requests to serve may be released to do so. (Amended by Stats. 2013, Ch. 352, Sec. 303. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  167. 19844.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    A qualifying state employee who serves on a precinct board on election day may receive regular wages or salary for that day, and the Department of Human Resources must adopt implementing regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19844.7. (a) Pursuant to regulations adopted by the Department of Human Resources, and subject to the collective bargaining agreement between the state and the employee’s exclusive representative, a state employee who has been appointed as a member of a precinct board and takes time off from state employment to serve as a member of that precinct board on election day shall receive payment of his or her regular wages or salary for that election day, without forfeiting any compensation received for his or her service as a precinct board member. As used in this section, “state employee” does not include any officer or employee appointed or employed by the Legislature, or any officer, deputy, or employee selected or appointed by an elected state officer. (b) The eligibility of a state employee to receive time off for the purposes of subdivision (a) shall be subject to approval of the employee’s manager or supervisor and pursuant to the terms of the collective bargaining agreement, when applicable. (c) The Department of Human Resources shall adopt regulations to implement this section. The regulations shall include, among other things, consideration of such items as the impact of the employee’s absence on state services and operations and the documentation necessary for a state employee to establish that he or she has taken time off from state employment to serve as a member of a precinct board and is therefore eligible to receive his or her regular wages or salary as provided in subdivision (a). The regulations required by this section shall be drafted and adopted as soon as practicable. (Amended by Stats. 2012, Ch. 665, Sec. 98. (SB 1308) Effective January 1, 2013.)
  168. 19845.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may provide overtime payments to state employees under the Federal Fair Labor Standards Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19845. (a) Notwithstanding any other provision of this chapter, the department is authorized to provide for overtime payments as prescribed by the Federal Fair Labor Standards Act to state employees. (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 provisions of this section shall be controlling unless the memorandum of understanding provides a greater benefit, except that if the 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. (Amended by Stats. 1987, Ch. 1185, Sec. 1. Effective September 26, 1987.)
  169. 19846.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The normal workweek for permanent employees in fire suppression classes of the Department of Forestry and Fire Protection must not exceed 84 hours a week.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19846. (a) It is the policy of the state that the normal workweek of permanent employees in fire suppression classes of the Department of Forestry and Fire Protection shall not exceed 84 hours a week. Work in excess of the designated normal workweek may be compensated for in cash or compensating time off in accordance with the regulations of the department. (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. (Amended by Stats. 1992, Ch. 427, Sec. 54. Effective January 1, 1993.)
  170. 19846.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If the Franchise Tax Board finds there is a lack of work for a seasonal clerk, it may handle the clerk’s leave in several ways without permanently separating the clerk.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19846.5. (a) Notwithstanding any other law, including Section 201 of the Labor Code, if the Franchise Tax Board determines that there is a lack of work for a seasonal clerk employed by the board, the board may, without permanent separation of the clerk, do any of the following: (1) Pay the clerk in a lump-sum payment for accumulated vacation or annual leave credit. (2) By mutual agreement between the board and the clerk, schedule the clerk for vacation or annual leave. (3) Allow the clerk to retain his or her vacation or annual leave credit. (4) Effect a combination of any or all of the actions described in paragraphs (1) to (4), inclusive. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding, the memorandum of understanding shall be controlling. (Added by Stats. 2012, Ch. 482, Sec. 1. (AB 2271) Effective January 1, 2013.)
  171. 19847.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Certain state agencies must give the department all information needed to determine each employee’s workweek.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19847. (a) Every state agency in which there are employees not subject to state civil service shall submit to the department all information necessary for determination of the workweek for each employee. (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 the 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. (Amended by Stats. 1983, Ch. 1040, Sec. 22.)
  172. 19848.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    An employing state agency may grant compensating time off instead of cash compensation if it can be provided within 12 calendar months after the overtime month and without hurting service delivery.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19848. (a) The granting of compensating time off in lieu of cash compensation is not prohibited where compensating time off can be granted within 12 calendar months following the month in which the overtime was worked and without impairing the services rendered by the employing state agency. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, or Chapter 12 (commencing with Section 3560) of Division 4 of Title 1, 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. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  173. 19849.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must adopt rules on work hours, overtime, and related records, and appointing powers must enforce those rules. It also must adopt furlough plans for specified 2012 and 2020 periods, with stated exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19849. (a) The department shall adopt rules governing hours of work and overtime compensation and the keeping of records related thereto, including time and attendance records. Each appointing power shall administer and enforce such rules. (b) (1) Notwithstanding any other law, the department shall adopt a plan for the period from July 1, 2012, to June 30, 2013, inclusive, by which all state employees not subject to the Personal Leave Program 2012 (PLP 2012 Program), as described in paragraph (1) of subdivision (c) of Section 19851, shall be furloughed for one workday per calendar month. The department shall further adopt rules for the implementation, administration, and enforcement of this furlough plan. This subdivision shall not apply to retired annuitants or to employees of entities listed in Section 3.90 of the Budget Act of 2012. (2) Notwithstanding any other law, the department shall adopt a plan for the period from July 1, 2020, to June 30, 2021, inclusive, by which all state employees not subject to the Personal Leave Program 2020 (PLP 2020 Program), as described in paragraph (2) of subdivision (c) of Section 19851, shall be furloughed for two workdays per calendar month. The department shall further adopt rules for the implementation, administration, and enforcement of this furlough plan. This subdivision shall not apply to retired annuitants or to employees or entities listed in Section 3.90 of the Budget Act of 2020. (c) Except as provided in subdivision (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. (Amended by Stats. 2020, Ch. 16, Sec. 4. (AB 84) Effective June 29, 2020.)
  174. 19849.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department may set compensation by rule for employees called back to work after normal hours, and it must consider state-service needs and private/public pay practices when setting the rate and method.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19849.1. (a) The department may provide by rule for compensation to employees who are required to report back to work after completion of the normal workday, workweek, or when otherwise off duty. In determining the rate and method of compensation, the department shall take into consideration the needs of state service and the practices prevailing in private business and other public employment. (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. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  175. 19849.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. )

    Verify source ↗

    This section states the purpose of the article: to provide management compensation incentives for state services.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. ) ## 19849.10. It is the purpose of this article to provide for management compensation incentives to promote increased productivity and efficiency in the management of state services, and to enable the state to attract and retain highly qualified managerial employees by providing management compensation incentives similar to those commonly provided in public employment and private industry. (Added by Stats. 1982, Ch. 1125, Sec. 2. Effective September 17, 1982.)
  176. 19849.11.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. )

    Verify source ↗

    The Department of Human Resources may contract to buy employee benefits, and may self-insure the long-term disability insurance program if cost effective.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. ) ## 19849.11. The Department of Human Resources, subject to any condition that it may establish, subject to existing statutes governing health benefits and group term life insurance offered through the Public Employees’ Retirement System, and subject to all other applicable provisions of state law, may enter into contracts for the purchase of employee benefits with respect to managerial and confidential employees as defined by subdivisions (e) and (f) of Section 3513, and employees excluded from the definition of state employee in subdivision (c) of Section 3513, and officers or employees of the executive branch of government who are not members of the civil service, and supervisory employees as defined in subdivision (g) of Section 3513. Benefits shall include, but not be limited to, group life insurance, group disability insurance, long-term disability insurance, group automobile liability and physical damage insurance, and homeowners’ and renters’ insurance. The department may self-insure the long-term disability insurance program if it is cost effective to do so. (Amended by Stats. 2013, Ch. 275, Sec. 5. (AB 1420) Effective January 1, 2014.)
  177. 19849.12.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. )

    Verify source ↗

    The state may pay all, part, or none of the cost of benefits under this article, and any remaining cost is paid by employee contributions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. ) ## 19849.12. (a) The state may contribute all, part, or none of the cost of benefits purchased pursuant to this article. The remainder of the costs, if any, shall be paid by employee contributions. (b) No contract for employee benefits which requires full or partial funding by the state shall be entered into pursuant to this article until funding is appropriated by the Legislature. (c) The Legislature shall make necessary adjustments in the annual Budget Act to increase or decrease the state’s contribution towards the cost of employee benefits purchased pursuant to this article. (Added by Stats. 1982, Ch. 1125, Sec. 2. Effective September 17, 1982.)
  178. 19849.13.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. )

    Verify source ↗

    The Department of Human Resources may provide certain leave benefits, including lump-sum payment of accumulated leave, for specified state officers and employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. ) ## 19849.13. Notwithstanding Sections 19839, 19858.1, 19858.3, 19858.4, 19859, and 19859.3, the Department of Human Resources may provide for vacation, sick leave, annual leave, and bereavement leave benefits, including the lump-sum payment of any amount of accumulated leave, with respect to each state officer and employee who either is excluded from the definition of state employee in subdivision (c) of Section 3513, or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service. (Amended by Stats. 2012, Ch. 665, Sec. 100. (SB 1308) Effective January 1, 2013.)
  179. 19849.14.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. )

    Verify source ↗

    A state fund is established for nonrepresented state employee long-term disability insurance, and the Department of Human Resources must use it to pay claims and administrative costs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. ) ## 19849.14. Effective July 1, 1987, there is hereby established in the State Treasury the Nonrepresented State Employee Long-Term Disability Insurance Fund for the purpose of funding nonrepresented state employee long-term disability insurance benefits. Premiums derived from contributions by the employer or employee shall be credited to the fund. Income of whatever nature, earned on the Nonrepresented State Employee Long-Term Disability Insurance Fund during any fiscal year, shall be credited to the fund. Moneys in this fund are continuously appropriated without regard to fiscal year, notwithstanding Section 13340. The fund shall be used by the Department of Human Resources to pay long-term disability claims and administrative costs. (Amended by Stats. 2012, Ch. 665, Sec. 101. (SB 1308) Effective January 1, 2013.)
  180. 19849.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. )

    Verify source ↗

    After a state employee dies while in state service, the state employer must keep paying employer contributions for health, dental, and vision benefits for up to 120 days, and the surviving spouse or eligible family member must be told about related rights.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. ) ## 19849.15. (a) Notwithstanding Section 22846, the state employer shall, upon the death of an employee while in state service, continue to pay employer contributions for health, dental, and vision benefits for a period not to exceed 120 days beginning in the month of the employee’s death. The surviving spouse or other eligible family member shall be advised of all rights and obligations during this period regarding the continuation of health and dental benefits as an annuitant by the Public Employees’ Retirement System. The surviving spouse or other eligible family member shall also be notified by the department during this period regarding COBRA rights for the continuation of vision benefits. (b) This section shall apply to state employees in state bargaining units that have agreed to this section in a memorandum of understanding, state employees excluded from the definition of “state employee” in subdivision (c) of Section 3513, and officers or employees of the executive branch of state government who are not members of the civil service. (Amended by Stats. 2004, Ch. 69, Sec. 12. Effective June 24, 2004.)
  181. 19849.16.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. )

    Verify source ↗

    The Department of Human Resources may set rules for paid leave and lump-sum leave payments for certain nonelected state board and commission members, but it cannot grant leave benefits above the managerial employee maximum.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. ) ## 19849.16. Notwithstanding Section 18000, the Department of Human Resources may provide by rule for the accumulation and use of paid leave, including a lump-sum payment for accumulated leave, with respect to nonelected members of state boards and commissions whose annual salaries are fixed by law. Any rules adopted pursuant to this section shall provide for the reduction of the salary fixed by law of those nonelected members of state boards and commissions when their absences exceed their paid leave. The Department of Human Resources shall not provide paid leave benefits greater than the maximum benefits provided the employees designated as managerial by the Department of Human Resources. Rules adopted pursuant to this section shall take effect after July 1, 1991. (Amended by Stats. 2012, Ch. 665, Sec. 102. (SB 1308) Effective January 1, 2013.)
  182. 19849.18.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. )

    Verify source ↗

    Supervisors in state employee bargaining units 5, 6, or 8 are entitled to salary and benefits changes that are at least generally equivalent to those of the employees they supervise.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. ) ## 19849.18. Supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 shall receive salary and benefits changes that are at least generally equivalent to the salary and benefits granted to employees they supervise. For purposes of this section, “salary” means base pay and shall not be construed to include such forms of compensation as overtime. The benefit package shall be the economic equivalent, but the benefits need not be identical. The determination of the specific benefits that supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 shall receive shall be made through a meet and confer process as defined in Section 3533. (Added by Stats. 1999, Ch. 792, Sec. 1. Effective October 10, 1999.)
  183. 19849.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    Any state agency may insure its employees against injury or death while they are flying on state business, subject to the department’s rules and regulations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19849.2. Any state agency may, subject to rules and regulations of the department, insure its employees against injury or death incurred while flying on state business in any except regularly scheduled passenger aircraft. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  184. 19849.22.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. )

    Verify source ↗

    This section states legislative findings about the need to adequately compensate certain supervisory correctional workers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4.5. Management Compensation Incentives [19849.10 - 19849.22] ( Article 4.5 added by Stats. 1982, Ch. 1125, Sec. 2. ) ## 19849.22. The Legislature finds and declares the following: (a) If the state is to attract and retain a competent correction workforce, there is a compelling need to adequately compensate state peace officer/firefighter members who are supervisors. (b) A supervisory compensation differential is necessary to compensate state peace officer/firefighter members who are supervisors within the departments and boards of the Youth and Adult Correctional Agency or who are correctional supervisors within the State Department of State Hospitals for the greater responsibility of accomplishing correctional work through the direction of others. (c) For purposes of measuring the compensation differential referred to in subdivision (b), the value of salaries and other economic benefits shall be considered in calculating comparative rates. (Amended by Stats. 2012, Ch. 440, Sec. 23. (AB 1488) Effective September 22, 2012.)
  185. 19849.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    If a state employee dies while on official state business, the state must pay approved travel expenses to return the body to headquarters or the burial place, subject to department rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19849.3. When a state employee dies while traveling on official state business the state shall, under rules and regulations adopted by the department, pay the approved traveling expenses necessary to return the body to his or her official headquarters or the place of burial. This subdivision shall not be construed to authorize the payment of the traveling expenses, either going or returning, of one accompanying the body. (Amended by Stats. 1992, Ch. 9, Sec. 1. Effective January 1, 1993.)
  186. 19849.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    State employees working overtime at headquarters on state business may receive actual and necessary expenses, subject to department rules and agency limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19849.4. (a) Any state employee when working overtime at his or her headquarters on state business may receive his or her actual and necessary expenses, during his or her regular workweek, subject to rules and regulations adopted by the department limiting the amount of the expenses and prescribing the conditions under which the expenses may be paid; provided, however, that each state agency may determine the necessity for and limit such expenses of its employees in such manner as does not conflict with and is within the limitations prescribed by the department. (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. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  187. 19849.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    The department must determine and fix the headquarters for board and commission members, unless another law fixes them, and for all other employees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19849.5. The headquarters of members of all boards and commissions unless fixed by law, shall be determined and fixed by the department, and the headquarters of all other employees shall be determined and fixed by the department. (Amended by Stats. 1982, Ch. 1095, Sec. 17.3.)
  188. 19849.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    A reinstated state civil service employee who left to take a Governor or Legislature appointment gets only the leave balances specified here.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19849.6. Any person who vacates a position in the state civil service to accept appointment by the Governor or by the Legislature to a position or an office for which the salary is fixed by statute and who thereafter is reinstated to his or her former position as provided by Section 19141 shall be credited only with such accumulated sick leave, and with such unused or accumulated vacation or annual leave for which he or she did not receive a lump-sum payment, as he or she was entitled to at the time he or she vacated the position. (Amended by Stats. 1986, Ch. 657, Sec. 2.)
  189. 19849.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    State agencies must give employees an itemized deduction statement with each salary or wage payment, and direct-deposit employees must get it electronically unless they ask in writing for paper.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19849.7. (a) Each state agency shall at the time of each payment of salary or wages, whether by direct deposit by electronic fund transfer pursuant to Sections 12480 and 12481 or otherwise, furnish each employee an itemized statement showing all deductions made from the employee’s salary or wages as required by Section 226 of the Labor Code. (b) The itemized statement described in subdivision (a) shall be provided electronically to each employee who has authorized the direct deposit by electronic fund transfer of salary or wages pursuant to Section 12480, unless the employee has requested, in writing, to receive a paper version of the statement. (c) The provision of an electronic statement of itemized deductions pursuant to this section shall be contingent upon the funding of the necessary technology to provide this information and its implementation by the Controller. (Amended by Stats. 2019, Ch. 29, Sec. 108. (SB 82) Effective June 27, 2019.)
  190. 19849.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

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    A department may pay for replacing or repairing certain employee items damaged in the line of duty without the employee’s fault.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19849.8. The department in which an employee is employed may pay the cost of replacing or repairing eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried when damaged in the line of duty without fault of the employee. If the eyeglasses, hearing aids, dentures, watches or clothes are damaged beyond repair, the department may pay the actual value of such eyeglasses, hearing aids, dentures, watches or clothing. The value of such eyeglasses, hearing aids, dentures, watches or clothing shall be determined as of the time of the damage thereto. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  191. 19849.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. )

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    An appointing power may give a certificate, plaque, or other memento to certain employees or retirees with 25 or more years of state service, and the cost cannot exceed $90 unless the director adjusts the limit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2. Administration of Salaries [19820 - 19850.7] ( Chapter 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 4. Miscellaneous Compensation [19839 - 19849.9] ( Article 4 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19849.9. (a) Any appointing power may present to an employee who has completed 25 or more years of state service a certificate, plaque, or other suitable memento and the cost of the same shall be a proper charge against the support appropriation of the department or office in which the employee serves. The cost of any certificate, plaque, or memento shall not exceed the sum of ninety dollars ($90). A presentation may likewise be made to a retired employee who on the date of his or her retirement had completed 25 or more years of state service. (b) Beginning January 1, 2005, and every five years thereafter, the director may adjust the limit specified in subdivision (a) to reflect the average rate of inflation since the dollar amount was last adjusted. (Amended by Stats. 1999, Ch. 272, Sec. 1. Effective August 31, 1999.)
  192. 19851.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

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    The section sets state employee workweek policies and requires certain employee groups to participate in the Personal Leave Program 2025, with pay reductions and leave credits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19851. (a) It is the policy of the state, except during the operation of subdivision (c), that the workweek of the state employee shall be 40 hours, and the workday of state employees eight hours, except that workweeks and workdays of a different number of hours may be established in order to meet the varying needs of the different state agencies. It is the policy of the state to avoid the necessity for overtime work whenever possible. This policy does not restrict the extension of regular working-hour schedules on an overtime basis in those activities and agencies where it is necessary to carry on the state business properly during a manpower shortage. (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 the 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) (1) Notwithstanding any other law, for the period from July 1, 2012, to June 30, 2013, inclusive, a state employee shall participate in the Personal Leave Program 2012 (PLP 2012 Program), either as required by an applicable memorandum of understanding reached pursuant to Section 3517.5 or by the direction of the department for excluded employees. Under the PLP 2012 Program, each employee shall receive a reduction in pay not greater than 5 percent. In exchange for this reduction in pay, each employee shall receive eight hours of PLP 2012 Program leave credits on the first day of each monthly pay period. This subdivision shall not apply to retired annuitants or to employees of entities listed in Section 3.90 of the Budget Act of 2012. (2) Notwithstanding any other law, for the period from July 1, 2020, to June 30, 2021, inclusive, a state employee shall participate in the Personal Leave Program 2020 (PLP 2020 Program), either as required by an applicable memorandum of understanding reached pursuant to Section 3517.5 or by the direction of the department for excluded employees. Under the PLP 2020 Program, each employee shall receive a reduction in pay not greater than 10 percent. In exchange for this reduction in pay, each employee shall receive up to 16 hours of PLP 2020 Program leave credits on the first day of each monthly pay period. This subdivision shall not apply to retired annuitants or to employees of entities listed in Section 3.90 of the Budget Act of 2020. (3) Notwithstanding any other law, for the period from July 1, 2025, to June 30, 2027, inclusive, a state employee in Bargaining Unit 6 shall participate in the Personal Leave Program 2025 (PLP 2025), as required by an applicable memorandum of understanding reached pursuant to Section 3517.5 or by the direction of the department for excluded employees. Under PLP 2025, each employee in Bargaining Unit 6 shall receive a reduction in pay not greater than 3 percent. In exchange for this reduction in pay, on the first day of each monthly pay period, each employee shall receive up to five hours of PLP 2025 leave credits, except that an employee with the class title Fire Captain (Class Code 9001) and Ranges L or M (192-hour schedule) or Ranges N or P (216-hour schedule) shall receive up to seven hours of PLP 2025 leave credits. This subdivision shall not apply to employees of entities listed in Section 3.90 of the Budget Act of 2025. (4) Notwithstanding any other law, for the period from July 1, 2025, to June 30, 2027, inclusive, a state employee in Bargaining Unit 9 or Bargaining Unit 12 shall participate in the Personal Leave Program 2025 (PLP 2025), as required by an applicable memorandum of understanding reached pursuant to Section 3517.5. Under PLP 2025, each employee in Bargaining Unit 9 or 12 shall receive a reduction in pay not greater than 3 percent. In exchange for this reduction in pay, on the first day of each monthly pay period, each employee shall receive up to five hours of PLP 2025 leave credits. This subdivision shall not apply to employees of entities listed in Section 3.90 of the Budget Act of 2025. (5) Notwithstanding any other law, for the period from July 1, 2025, to June 30, 2027, inclusive, a state employee in State Bargaining Units 1, 2, 3, 4, 5, 7, 11, 13, 14, 15, 16, 17, 19, 20, and 21 shall participate in the Personal Leave Program 2025 (PLP 2025), either as required by an applicable memorandum of understanding reached pursuant to Section 3517.5 or by the direction of the department for excluded employees. Under PLP 2025, each employee in State Bargaining Units 1, 2, 3, 4, 5, 7, 11, 13, 14, 15, 16, 17, 19, 20, and 21 shall receive a reduction in pay not greater than the amount listed in an applicable memorandum of understanding or as directed by the department for excluded employees. In exchange for this reduction in pay, each employee shall receive PLP 2025 leave credits on the first day of each monthly pay period, at the rate outlined in the applicable memorandum of understanding or as directed by the department for excluded employees. This subdivision shall not apply to employees of entities listed in Section 3.90 of the Budget Act of 2025. (6) Notwithstanding any other law, beginning on the first day of the pay period following ratification and ending on June 30, 2027, inclusive, a state employee in State Bargaining Units 8, 10, and 18 shall participate in the Personal Leave Program 2025 (PLP 2025), either as required by an applicable memorandum of understanding reached pursuant to Section 3517.5 or by the direction of the department for excluded employees. Under PLP 2025, each employee in State Bargaining Units 8, 10, and 18 shall receive a reduction in pay not greater than the amount listed in an applicable memorandum of understanding or as directed by the department for excluded employees. In exchange for this reduction in pay, each employee shall receive PLP 2025 leave credits on the first day of each monthly pay period, at the rate outlined in the applicable memorandum of understanding or as directed by the department for excluded employees. This subdivision shall not apply to employees of entities listed in Section 3.90 of the Budget Act of 2025. (Amended by Stats. 2025, Ch. 114, Sec. 8. (SB 161) Effective September 17, 2025.)
  193. 19851.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

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    The Department of Corrections must set a standardized overtime cap for correctional officers, and it cannot exceed 80 hours per month. The department also may not reduce filled educational positions if that reduction would cause eligible inmates to lose day-for-day credits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19851.1. (a) (1) Notwithstanding Section 19851, the Department of Corrections shall establish a standardized overtime cap for correctional officers not to exceed 80 hours per month. (2) This subdivision shall not relieve the state of any obligation under a memorandum of understanding for State Bargaining Unit 6 in effect on January 1, 2004, and approved pursuant to Section 3517.6, relating to hours of work, overtime, or alternative work schedules. (b) Notwithstanding any other provision of law, the Department of Corrections shall not reduce the total number of filled educational positions as of June 30, 2003, if the director of the department determines that the reduction would result in a loss of day for day credits for eligible inmates. (Added by Stats. 2003, Ch. 158, Sec. 1. Effective August 2, 2003.)
  194. 19852.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

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    The Governor may require the 40-hour state workweek to be worked in four days in any state agency when doing so serves the best interests of the state.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19852. When the Governor determines that the best interests of the state would be served thereby, the Governor may require that the 40-hour workweek established as the state policy in Section 19851 shall be worked in four days in any state agency or part thereof. (Amended by Stats. 1983, Ch. 1040, Sec. 30.)
  195. 19853.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

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    State employees are entitled to listed holidays, and employees required to work on those holidays may receive straight-time pay plus holiday credit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19853. (a) All state employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, November 11, Thanksgiving Day, the day after Thanksgiving, December 25, the day chosen by an employee pursuant to Section 19854, and every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday. (b) If a day listed in this subdivision falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. If November 11 falls upon a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. (c) (1) Any state employee who may be required to work on any of the holidays included in this section, and who does work on any of these holidays, shall be entitled to receive straight-time pay and eight hours of holiday credit. (2) Notwithstanding paragraph (1), an employee who is excluded from the definition of “state employee” in subdivision (c) of Section 3513 and who is required to work on January 1, the last Monday in May, July 4, the first Monday in September, Thanksgiving Day, or December 25 shall be subject to the following: (A) Excluded employees who are eligible for overtime payments under the federal Fair Labor Standards Act shall be paid one and one-half times their salary rate for all hours worked on the holiday and up to eight hours of holiday credit. This pay shall count toward any premium overtime compensation earned during the same workweek. Part-time employees shall receive prorated amounts subject to department rules. (B) Excluded employees who are ineligible for overtime payments under the federal Fair Labor Standards Act shall receive up to eight hours of holiday credit and four hours of informal time off. Part-time employees shall receive prorated amounts of holiday credit and informal time off, subject to department rules. (d) For the purpose of computing the number of hours worked, time when an employee is excused from work because of holidays, sick leave, vacation, annual leave, compensating time off, or any other leave shall not be considered as time worked by the employee for the purpose of computing cash compensation for overtime or compensating time off for overtime. (e) Any state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for the date corresponding with the new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” April 24, known as “Genocide Remembrance Day,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” June 19, known as “Juneteenth,” or the fourth Friday in September, known as “Native American Day,” in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854. (f) Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules. (g) If subdivision (a), (c), or (d) is in conflict with the provisions of a memorandum of understanding executed or amended pursuant to Section 3517.5 on or after February 1, 2009, or the date that the act adding this section takes effect, whichever is later, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of the memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2025, Ch. 358, Sec. 8. (AB 268) Effective January 1, 2026.)
  196. 19853.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

    Verify source ↗

    This section gives certain California state employees paid holiday entitlements, holiday credit, or compensatory time off for listed holidays and related holiday-work situations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19853.1. (a) Notwithstanding Section 19853, this section shall apply to state employees in State Bargaining Unit 5. (b) Except as provided in subdivision (c), all employees shall be entitled to the following holidays: January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, November 11, the day after Thanksgiving, December 25, and every day appointed by the Governor of this state for a public fast, thanksgiving, or holiday. If a day listed in this subdivision falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. If November 11 falls upon a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. Any employee who may be required to work on any of the holidays included in this section and who does work on any of these holidays shall be entitled to be paid compensation or given compensating time off for that work in accordance with their classification’s assigned workweek group. (c) If the provisions of subdivision (b) 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 the 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. (d) Any employee who either is excluded from the definition of state employee in subdivision (c) of Section 3513, or is a nonelected officer or employee of the executive branch of government who is not a member of the civil service, is entitled to the following holidays, with pay, in addition to any official state holiday appointed by the Governor: (1) January 1, the third Monday in January, the third Monday in February, March 31, the last Monday in May, July 4, the first Monday in September, November 11, Thanksgiving Day, the day after Thanksgiving, and December 25. (2) When November 11 falls on a Saturday, employees shall be entitled to the preceding Friday as a holiday with pay. (3) When a holiday, other than a personal holiday, falls on a Saturday, an employee shall, regardless of whether the employee works on the holiday, accrue only an additional eight hours of personal holiday credit per fiscal year for the holiday. The holiday credit shall be accrued on the actual date of the holiday and shall be used within the same fiscal year. (4) When a holiday other than a personal holiday falls on Sunday, employees shall be entitled to the following Monday as a holiday with pay. (5) Employees who are required to work on a holiday shall be entitled to pay or compensating time off for this work in accordance with their classification’s assigned workweek group. (6) Persons employed on less than a full-time basis shall receive holidays in accordance with the Department of Human Resources rules. (e) Any employee, as defined in subdivision (c) of Section 3513, may elect to use eight hours of vacation, annual leave, or compensating time off consistent with departmental operational needs and collective bargaining agreements for the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” April 24, known as “Genocide Remembrance Day,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” June 19, known as “Juneteenth,” and the fourth Friday in September, known as “Native American Day.” (f) This section shall become effective with regard to the March 31 holiday only when the Department of Human Resources notifies the Legislature that the language contained in this section has been agreed to by all exclusive representatives, and the Department of Human Resources authorizes this holiday to be applied to employees designated as excluded from the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512), Division 4, Title 1), and the necessary statutes are amended to reflect this change. (Amended by Stats. 2025, Ch. 358, Sec. 9. (AB 268) Effective January 1, 2026.)
  197. 19853.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

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    A state employee may choose eight hours of holiday credit for a holiday or ceremony tied to the employee’s religion, culture, or heritage instead of eight hours of personal holiday credit, if the section’s conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19853.2. (a) Notwithstanding Section 19853 or 19853.1, a state employee, as defined in subdivision (c) of Section 3513, may elect to receive eight hours of holiday credit for observance of a holiday or ceremony of the state employee’s religion, culture, or heritage in lieu of receiving eight hours of personal holiday credit in accordance with Section 19854. (b) This section shall only apply to a bargaining unit that has met and conferred with the Department of Human Resources in the ordinary process and timeline for negotiating and renegotiating the bargaining unit’s collective bargaining agreement regardless of whether a memorandum of understanding is reached. (Added by Stats. 2023, Ch. 398, Sec. 2. (SB 461) Effective January 1, 2024.)
  198. 19854.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

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    Qualified state employees earn one personal holiday per fiscal year after six months of initial probation, and the department may set notice and use rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19854. (a) Every employee, upon completion of six months of his or her initial probationary period in state service, shall be entitled to one personal holiday per fiscal year. The personal holiday shall be credited to each full-time employee on the first day of July. No employee shall lose a personal holiday credit because of the change from calendar to fiscal year crediting. The department head or designee may require the employee to provide five working days’ advance notice before a personal holiday is taken, and may deny use subject to operational needs. The department may provide by rule for the granting of this holiday for employees. (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 the 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. (Amended by Stats. 2001, Ch. 364, Sec. 25. Effective September 27, 2001.)
  199. 19855.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. )

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    Certain former Department of Employment employees may get credit for earlier federal service, and the department must limit that credit to qualifying service time.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 1. Workweek [19851 - 19855] ( Article 1 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19855. Any state employee who was laid off from the Department of Employment on the 31st day of December 1941 and thereafter entered the employ of the United States Employment Service and who returned to state service prior to November 16, 1946 and any person who entered the employ of the United States Employment Service after December 31, 1941 and who, prior to November 16, 1946, entered the state service in the Department of Employment may have the department determine the extent, if any, to which such employee shall be entitled to have credited to him in the state civil service, seniority credit, sick leave and accumulated vacation because of service in the United States Employment Service. The department shall limit such determination to the time any such employee was actually employed in the United States Employment Service, including time spent in war service in another federal department if such employee was transferred from the United States Employment Service to another federal department for war service and such employee subsequently entered the employ of the Department of Employment prior to November 16, 1946, and such seniority credits and accumulated sick leave and accumulated vacation shall not exceed that to which each employee would be entitled if he had been continuously employed by the State of California. The foregoing provisions shall likewise apply to former employees of the Department of Employment who although otherwise entitled to such determinations entered recognized military service from federal employment and were reemployed by the Department of Employment within six months after their release from the military service and within six months from the termination of the state military emergency as proclaimed by the Governor. Such time spent in the military service shall be construed as time spent on military leave from the state civil service. (Added by Stats. 1981, Ch. 230, Sec. 55.)
  200. 19856.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Vacations [19856 - 19858.2] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. )

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    The department must regulate and track vacation accrual for civil service employees, may provide vacations for part-time employees, and must set methods for transferring or crediting accumulated vacation when employees move between state agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 5. PERSONNEL [18000 - 22980] ( Division 5 added by Stats. 1945, Ch. 123. ) ## PART 2.6. PERSONNEL ADMINISTRATION [19815 - 19999.7] ( Part 2.6 added by Stats. 1981, Ch. 230, Sec. 55. ) ## CHAPTER 2.5. Days and Hours of Work [19851 - 19991.14] ( Chapter 2.5 added by Stats. 1981, Ch. 230, Sec. 55. ) ## ARTICLE 2. Vacations [19856 - 19858.2] ( Article 2 added by Stats. 1981, Ch. 230, Sec. 55. ) ## 19856. (a) The department shall provide by rule for the regulation and accumulation of vacations for civil service employees and may provide for vacations for such employees who are employed less than full time. The department shall prescribe the methods by which employees leaving the employment of one state agency and entering the employment of another state agency may be compensated for, transfer, or otherwise receive proper credit for their accumulated vacation 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. (Added by Stats. 1981, Ch. 230, Sec. 55.)

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