2005 California Government Code Sections 19839-19849.9 Article 4. Miscellaneous Compensation

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.
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.
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.
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.
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.
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.
19843.  (a) For each class or position for which a 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 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.
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.
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 office.
   (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.
19844.7.  (a) Pursuant to regulations adopted by the Department of
Personnel Administration, 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 Personnel Administration 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.
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.
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.
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.
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.
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) 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.
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.
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.
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.
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.
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.
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.
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, at his or her discretion, an itemized statement in
writing or electronically showing all deductions made from his or her
salary or wages as required by Section 226 of the Labor Code.
   (b) The provision of an electronic statement of itemized
deductions pursuant to this section shall be contingent upon the
funding and implementation of the Controller's "21st Century Project,"
and provided only to the extent that the project enables the
Controller to provide this information electronically.
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.
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.