2005 California Government Code Sections 19858.3-19858.7 Article 2.5. Annual Leave

GOVERNMENT CODE
SECTION 19858.3-19858.7

19858.3.  This article shall apply to all of the following:
   (a) Employees who are excluded from the definition of "state
employee" in subdivision (c) of Section 3513.
   (b) Nonelected officers of the executive branch of government
exempt from civil service designated by the department as eligible to
receive managerial benefits.
   (c) A State Traffic Sergeant in the California Highway Patrol.
   (d) Commencing January 1, 1989, employees in a state bargaining
unit for which a memorandum of understanding has been agreed to by
the state employer and the recognized employee organization to be
subject to this article and has been approved by the Legislature
pursuant to law.
19858.4.  In lieu of the sick leave and vacation provisions of
Sections 19858.1 and 19859, eligible employees, as defined by
subdivisions (a), (b), and (c) of Section 19858.3, may elect to
participate in an annual leave program.  Each employee who has
elected to participate in the annual leave program and who is
employed full time shall receive credit for annual leave with pay in
accordance with the following schedule:
          1 month to 3 years .....................   11 hours per
month
         37 months to 10 years ...................   15 hours per
month
        121 months to 15 years ...................   17 hours per
month
        181 months to 20 years ...................   18 hours per
month
        241 months to 25 years ...................   19 hours per
month
        301 months and over ......................   20 hours per
month
   Part-time and hourly employees shall accrue proportional annual
leave credits based on the schedule in this section.  The time when
annual leave shall be taken shall be determined by the appointing
power of the officer or employee.  Employees shall have use of any
accrued sick leave they have accrued at the time they elect the
annual leave program under the same conditions as other employees not
participating in the program.
   The department shall provide by rule for the regulation and
accumulation of annual leave, the effect of an absence from the
payroll of 10 work days or less in any calendar month upon credit for
annual leave, methods by which employees leaving the employment of
one state agency and entering the employment of another state agency
may be compensated for, transfer, or otherwise receive proper credit
for, their accumulated annual leave, and other provisions necessary
for the administration of this section.
19858.5.  In lieu of sick leave and vacation provisions of Sections
19858.1 and 19859, eligible employees, as defined by subdivision (d)
of Section 19858.3, may participate in an annual leave program
subject to the conditions of the appropriate memorandum of
understanding.  Each employee who participates in the annual leave
program and who is employed full time shall receive credit for annual
leave with pay in accordance with the following schedule:
          1 month to 3 years .....................    11 hours per
month
         37 months to 10 years ...................    14 hours per
month
        121 months to 15 years ...................    16 hours per
month
        181 months to 20 years ...................    17 hours per
month
        241 months and over ......................    18 hours per
month
   Part-time and hourly employees shall accrue proportional annual
leave credits based on the schedule in this section.  The time when
annual leave shall be taken shall be determined by the appointing
power of the officer or employee.  Employees shall have use of any
accrued sick leave they have accrued at the time they elect the
annual leave program under the same conditions as other employees not
participating in the program.
   The department shall provide by rule for the regulation and
accumulation of annual leave, the effect of an absence from the
payroll of 10 work days or less in any calendar month upon credit for
annual leave, methods by which employees leaving the employment of
one state agency and entering the employment of another state agency
may be compensated for, transfer, or otherwise receive proper credit
for, their accumulated annual leave, and other provisions necessary
for the administration of this section.
19858.7.  Notwithstanding Section 19839, upon applying for
retirement, a person entitled to a lump-sum payment for any unused or
accumulated annual leave may elect to take all or any portion of
that annual leave rather than accept the lump-sum payment on or prior
to the effective date of retirement.


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