Section 438.2 - Employment Relationship and Salary(a) Where an employee accepts a temporary assignment or loan to an appointing power different than his or her current appointing power, the following employment relationships shall be created, unless a collective bargaining agreement between the state and a recognized employee organization provides otherwise: (1) The employee shall be considered the employee of his or her "from" appointing power for purposes of salary, benefits, seniority, and tenure.(2) The employee shall be considered the temporary employee of the "to" appointing power. The temporary employee's work and activities shall be subject to the direction and control of the "to" appointing power.(b) For temporary loans and loans between state agencies, where the temporary employee has violated any term or condition of the temporary assignment or civil service laws, the "from" or "to" appointing power may take appropriate action, including corrective or disciplinary action. If it is determined that corrective or disciplinary action should be taken, the appointing powers shall collaborate to determine which agency will take the action. All such actions shall comply with applicable laws and rules.(c) The employee's salary may be paid in any proper manner agreed upon by the participating agencies and the salary rate shall be the same salary rate as the employee received prior to the temporary assignment, not the salary rate of the temporary assignment classification, unless a collective bargaining agreement between the state and a recognized employee organization provides otherwise.Cal. Code Regs. Tit. 2, § 438.2
1. New section filed 3-4-2020; operative 7-1-2020 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18213 (Register 2020, No. 10). Note: Authority cited: Sections 18502, 18701 and 19050.8, Government Code. Reference: Section 19050.8, Government Code.
1. New section filed 3-4-2020; operative 7/1/2020 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18213 (Register 2020, No. 10).