Cal. Code Regs. tit. 2 § 171.1

Current through Register 2024 Notice Reg. No. 20, May 17, 2024
Section 171.1 - Calculating the Amount of Time Required to Satisfy Minimum Qualifications for Experience

When determining whether an applicant satisfies the minimum amounts of time that may be required to satisfy the minimum qualifications for experience, as prescribed in the class specification, the following shall apply:

(a) The time required shall have been in a full-time job or its part-time equivalent. A full-time job is the maximum number of hours a person can spend on a job without a requirement that they be given overtime compensation or, where overtime is not applicable, the number of hours required for a person to receive full-time pay for the applicable work period.
(b) When calculating part-time equivalent experience toward satisfying the minimum amounts of full-time experience, 173.33 hours of actual time worked equals one month. To determine the years and months worked, an appointing power may use either 52 weeks to equal one year or 4.35 to equal the number of weeks in one month, whichever calculation results in greater time worked. As an example, an applicant has three years of qualifying part-time work experience at 10 hours per week. The 52-weeks yearly calculation would be 3 years x 52 weeks x 10 hours = 1560/173.33 = 9.00 months. The 4.35-weeks monthly calculation would be 3 years equals 36 months x 10 hours x 4.35 weeks = 1566/173.33 = 9.03 months. Because the 4.35-weeks monthly calculation results in greater time worked, the 4.35-week monthly calculation must be used.
(c) Where an applicant works in more than one job concurrently, the hours worked per week in each job shall be added together, if the experience gained in the jobs relates to the same or substantially the same requirements enumerated in the minimum qualifications. Calculating the total sum of the applicant's part-time equivalent experience toward satisfying the minimum amounts of full-time experience shall be in accordance with subdivision (b).
(d) To receive experience credit, the applicant's job responsibilities or duties must be performed on a routine basis, either daily, weekly, monthly, or certain times of the year. Experience which may have been gained as an occasional or incidental aspect of the applicant's job is not acceptable. If the applicant is a state employee and the experience in question was gained in an out-of-class assignment, section 212 of the Board's regulations shall apply.
(e) Overtime hours worked on the same job for which the employee is entitled to pay for those extra hours worked under the federal Fair Labor and Standards Act (29 U.S.C.A § 201 et seq.) shall be credited as additional time.
(f) An applicant shall receive credit for qualifying experience in a full-time or part-time job while enrolled in and attending a school, college, university, or similar institution, except where the experience is required as part of the applicant's educational curriculum and the minimum qualifications require those courses of study and/or related academic degree.
(g) If an applicant's position in state service has been reclassified, credit for time in the new class may be given from the date the reclassification was officially approved, even though the actual appointment did not occur until a later date.
(h) If the applicant is a state employee and the experience in question was gained in an out-of-class or training and development assignment, the applicant shall receive credit for qualifying experience in the employee's class of appointment and the class of the assignment.

Cal. Code Regs. Tit. 2, § 171.1

1. New section filed 7-3-90; operative 8-2-90 (Register 90, No. 35).
2. Amendment of section heading and section filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17).
3. Amendment of subsection (a) and new subsection (h) filed 9-15-2022; operative 10-1-2022 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2022, No. 37).

Note: Authority cited: Section 18701, Government Code. Reference: Section 18931, Government Code.

1. New section filed 7-3-90; operative 8-2-90 (Register 90, No. 35).
2. Amendment of section heading and section filed 4-27-2017; operative 7/1/2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17).
3. Amendment of subsection (a) and new subsection (h) filed 9-15-2022; operative 10/1/2022 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2022, No. 37 ).