Cal. Code Regs. tit. 5 § 42933

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 42933 - Donation
(a) Only vacation and sick leave credits may be donated in increments of one hour or more. For catastrophic illness or injury, employees may donate a maximum of forty (40) hours of accrued leave credits per calendar year. For catastrophic leave for a natural disaster/state of emergency, there is no maximum limit that an employee can donate as long as the employee maintains a balance of forty (40) hours of vacation leave credits and forty (40) hours of sick leave credits per calendar year. Donations are irrevocable. Donated leave credits may be used to supplement Industrial Disability leave, Nonindustrial Disability Insurance or Temporary Disability payments upon the application for these benefit(s) by an eligible employee. The total amount of leave credits donated and used may not exceed an amount sufficient to ensure the continuance of the employee's regular monthly rate of compensation.
(b) The total donated leave credits an employee can receive shall normally not exceed an amount necessary to continue the employee for three calendar months calculated from the first day of catastrophic leave. The appointing authority may approve up to an additional three-month period in exceptional cases. The leave credits shall not be deemed donated until actually transferred by the appointing authority's recordkeeper to the record of the employee receiving leave credits. Such transfer shall be accomplished at the end of a pay period, and credits shall be transferred in the order of the dates actually pledged.
(c) For employees whose appointments have not been renewed, donated time may not be used beyond the emoployee's appointment expiration date in effect at the beginning of the disability for catastrophic leave for illness or injury or the date the employee begins catastrophic leave for a natural disaster/state of emergency.
(d) Unused donated leave credits may not be used to receive service credit following a service or disability retirement.

Cal. Code Regs. Tit. 5, § 42933

1. New section filed 5-5-92; operative 6-4-92 (Register 92, No. 19).
2. Editorial correction of subsection (d) (Register 95, No. 47).
3. Amendment of subsection (a) filed 11-28-2001; operative 11-28-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 4).
4. Amendment of subsection (a) filed 9-30-2002; operative 9-30-2002. Submitted by OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 1).
5. Amendment filed 5-22-2019; operative 5-22-2019 pursuant to Education Code section 89030.1. Exempt from the Administrative Procedure Act and OAL review pursuant to Education Code section 89030(b). Submitted to OAL for courtesy filing and printing only (Register 2019, No. 21).

Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.

1. New section filed 5-5-92; operative 6-4-92 (Register 92, No. 19).
2. Editorial correction of subsection (d) (Register 95, No. 47).
3. Amendment of subsection (a) filed 11-28-2001; operative 11-28-2001. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2002, No. 4).
4. Amendment of subsection (a) filed 9-30-2002; operative 9-30-2002. Submitted to OAL for printing only pursuant to Education Code section 89030.1 (Register 2003, No. 1).
5. Amendment filed 5-22-2019; operative 5/22/2019 pursuant to Education Code section 89030.1. Exempt from the Administrative Procedure Act and OAL review pursuant to Education Code section 89030(b). Submitted to OAL for courtesy filing and printing only (Register 2019, No. 21).