Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 1 - Administrative PersonnelChapter 3 - Department of Human ResourcesSubchapter 1 - General Civil Service Rules
Article 10.25 - Annual Leave Program
Section 599.752 - Annual Leave Program

Cal. Code Regs. tit. 2 § 599.752

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 599.752 - Annual Leave Program
(a) Pursuant to Government Code section 19858.3, eligible employees may elect to enroll in the Annual Leave Program to receive annual leave credit in lieu of sick leave and vacation benefits. Employees may elect to enroll in the Sick/Vacation Leave Program or the Annual Leave Program at any time except that once an employee voluntarily elects to enroll in either the Annual Leave Program or Sick/Vacation Leave Program, the employee may not elect to enroll in the other program until 24 months has elapsed from date of enrollment.

Current employees who enroll in annual leave shall have accumulated vacation hours converted to annual leave credits on an hour for hour basis and begin accruing annual leave in accordance with the leave accrual schedule specified in subsection (d). Sick leave credits accumulated in accordance with section 599.746 of these regulations shall continue to be available for approved sick leave purposes.

(b) Employees newly appointed to a class with a designation that is excluded from the definition of state employee under Government Code section 3513(c) shall be eligible to enroll in the Annual Leave Program or the Sick/Vacation program irrespective of the date the employee last elected to change from either program.
(c) On the first day following a qualifying monthly pay period, as defined in section 599.608 of these regulations, employees identified in Government Code section 19858.3(a), 19858.3(b), or 19858.3(c) or subsection (a) above, as it applies to employees excluded from the definition of state employee under Government Code section 3513(c), and appointees of the Governor as designated by the Department and not subject to section 599.752.1 of these regulations shall be allowed credit for annual leave with pay as follows:

Length of Service

Annual Leave Allowance

1 month through 120 months (10 yrs.)

15 hours per month

121 months through 180 months (15 yrs.)

17 hours per month

181 months through 240 months (20 yrs.)

18 hours per month

241 months through 300 months (25 yrs.)

19 hours per month

301 months and over

20 hours per month

Other participating employees will accrue leave based on the schedule provided in Government Code section 19858.4.

(d) The employee may accumulate the unused portion of annual leave credit, provided that on January 1st of a calendar year, the employee shall not have more than 80 annual leave days.

Except as provided for in section 599.742.1 of these regulations, exceptions to carry over more than the prescribed maximum will be allowed only when the employee is prevented from taking annual leave because the employee is (1) required to work as a result of fire, flood or other emergency, or (2) absent on full salary for compensable injury. Such exceptions must be approved in advance by the Department.

When verification of prior state service requires revisions in annual leave credits, the employee's current accumulation shall be adjusted. Additional credit exceeding the maximum carry-over shall be used within one year following the qualifying monthly pay period in which credited.

(e) Annual leave credits may be used for any approved absence. When annual leave is used for sick leave purposes as defined under 599.745 and 599.745.1, the appointing power may require the employee to submit substantiating evidence including, but not limited to, a physician's certificate. If the appointing power does not consider the evidence adequate, the request for the use of annual leave for sick leave may be disapproved. Denials of use of annual leave for sick leave may be appealed to the appointing power. Use of annual leave shall be in 30-minute increments for approved absences.
(f) In the event the appointing power does not approve annual leave for an employee sufficient to reduce accumulated annual leave to the amount permitted by this section as of January 1, the employee may take, as a matter of right, immediately preceding January 1, the number of days of accumulated annual leave required to reduce such accumulation to the amount permitted by this regulation.
(g) Except as herein provided, vacation sections 599.738 through 599.741 of these regulations governing separation from state service without fault; credit for part-time and intermittent employment; credit for employees returning to state service after absence by temporary or permanent separation; computing state service for full-time, part-time, intermittent and employees holding multiple positions; and transfers of accumulated credit shall apply to annual leave.

Cal. Code Regs. Tit. 2, § 599.752

1. New section filed by the Department of Personnel Administration with the Secretary of State on 12-30-86; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 87, No. 6).
2. Amendment of subsections (a) and (e) filed by the Department of Personnel Administration with the Secretary of State on 11-10-87; operative 11-10-87. Submitted to OAL for printing only pursuant to Government Code Section 11343.8 (Register 87, No. 52).
3. Amendment of subsections (b)-(d) filed by the Department of Personnel Administration with the Secretary of State on 11-1-88; operative 11-1-88. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 52).
4. Amendment of subsections (b) and (d) filed by the Department of Personnel Administration with the Secretary of State on 12-15-88; operative 1-1-89. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 89, No. 4).
5. Amendment of subsection (a) filed by the Department of Personnel Administration with the Secretary of State on 2-22-89; operative on filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 89, No. 18).
6. Amendment of subsections (a) and (b) filed by the Department of Personnel Administration with the Secretary of State on 12-28-90, effective on filing; operative 1-1-91 pursuant to Department of Personnel Administration. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 91, No. 7).
7. Amendment of subsections (a) and (b) filed 2-7-91 with Secretary of State by Department of Personnel Administration; operative 2-7-91. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 91, No. 17).
8. Amendment of subsection (b) filed 3-7-91 with Secretary of State by Department of Personnel Administration; operative 3-7-91. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 91, No. 17).
9. New subsection (b) and subsection relettering and amendment of subsection (a) and newly-designated subsections (c), (f) and (g) filed 8-10-92 with the Secretary of State by Department of Personnel Administration; operative 8-15-92. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 92, No. 33).
10. Amendment of subsection (e) filed 10-15-93; operative 10-1-93. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 93, No. 42).
11. Amendment of subsections (a)-(b) and (e) filed 11-30-99; operative 11-30-99. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 99, No. 49).
12. Change without regulatory effect amending section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
13. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of newly designated subsections (c)-(e) filed 10-29-2019; operative 10-29-2019. Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5 (Register 2019, No. 44).
14. Repealer of subsection (b), subsection relettering and amendment of newly designated subsection (e) filed 2-14-2023; operative 2-14-2023. Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5 (Register 2023, No. 7).

Note: Authority cited: Sections 3517.8, 18502, 19143 and 19815.4(d), Government Code. Reference: Sections 19780, 19782, 19783, 19839, 19858.3, 19858.4 and 19996, Government Code.

1. New section filed by the Department of Personnel Administration with the Secretary of State on 12-30-86; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 87, No. 6).
2. Amendment of subsections (a) and (e) filed by the Department of Personnel Administration with the Secretary of State on 11-10-87; operative 11-10-87. Submitted to OAL for printing only pursuant to Government Code Section 11343.8 (Register 87, No. 52).
3. Amendment of subsections (b)-(d) filed by the Department of Personnel Administration with the Secretary of State on 11-1-88; operative 11-1-88. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 52).
4. Amendment of subsections (b) and (d) filed by the Department of Personnel Administration with the Secretary of State on 12-15-88; operative 1-1-89. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 89, No. 4).
5. Amendment of subsection (a) filed by the Department of Personnel Administration with the Secretary of State on 2-22-89; operative on filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 89, No. 18).
6. Amendment of subsections (a) and (b) filed by the Department of Personnel Administration with the Secretary of State on 12-28-90, effective on filing; operative 1-1-91 pursuant to Department of Personnel Administration. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 91, No. 7).
7. Amendment of subsections (a) and (b) filed 2-7-91 with Secretary of State by Department of Personnel Administration; operative 2-7-91. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 91, No. 17).
8. Amendment of subsection (b) filed 3-7-91 with Secretary of State by Department of Personnel Administration; operative 3-7-91. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 91, No. 17).
9. New subsection (b) and subsection relettering and amendment of subsection (a) and newly-designated subsections (c), (f) and (g) filed 8-10-92 with the Secretary of State by Department of Personnel Administration; operative 8-15-92. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 92, No. 33).
10. Amendment of subsection (e) filed 10-15-93; operative 10-1-93. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 93, No. 42).
11. Amendment of subsections (a)-(b) and (e) filed 11-30-99; operative 11-30-99. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 99, No. 49).
12. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
13. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of newly designated subsections (c)-(e) filed 10-29-2019; operative 10/29/2019. Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5 (Register 2019, No. 44).
14. Repealer of subsection (b), subsection relettering and amendment of newly designated subsection (e) filed 2-14-2023; operative 2/14/2023. Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5 (Register 2023, No. 7).