2009 California Government Code - Section 19856-19858.2 :: Article 2. Vacations

19856.  (a) The department shall provide by rule for the regulation
and accumulation of vacations for civil service employees and may
provide for vacations for such employees who are employed less than
full time. The department shall prescribe the 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 vacation
privileges.
   (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.

19856.1.  (a) It shall be within the discretion of the department to
define the effect of an absence from the payroll of 10 working days
or less in any calendar month upon credit for vacation.
   (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.

19857.  (a) The appointing power of any officer or employee not a
member of the civil service may promulgate regulations governing
vacations for these officers or employees. In the absence of these
regulations, the rules of the department relating to the regulation
and methods of accumulation of vacation for civil service employees
shall govern.
   (b) Notwithstanding subdivision (a), no paid leave including, but
not limited to, vacation, annual leave, and sick leave shall be
accrued by state officers in the following positions:
   (1) Executive Director of the California Housing Finance Agency.
   (2) Director of the Office of Administrative Law.
   (3) Director of Emergency Medical Services Authority.
   (4) Executive Director of the Office of Criminal Justice Planning.
   (5) Director of the California Conservation Corps.
   (6) Director of the Arts Council.
   The department may adopt regulations for the application of this
provision to similar positions established in the future.

19858.1.  (a) Except as provided in subdivision (c), following
completion of six months of continuous service, for each completed
calendar month of service, except as provided in Section 19858.2,
each state officer and employee who is employed full time shall
receive credit for vacation with pay in accordance with the following
schedule:

  1 month to 3 years..........     5/6 day per month
  37 months to 10 years.......  1 1/4 days per month
  121 months to 15 years...... 1 5/12 days per month
  181 months to 24 years...... 1 7/12 days per month
  289 months and over.........  1 2/3 days per month

   The computation of credit for the month of January 1964, and each
month thereafter, shall be based upon the schedule set forth in this
subdivision, except that the rate of vacation credit allowed shall
not be reduced for any officer or employee employed prior to January
1, 1964. The time when vacation shall be taken shall be determined by
the appointing power of the officer or employee.
   (b) If the provisions of subdivision (a) 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.
   (c) Following completion of six months of continuous service, for
each completed calendar month of service, except as provided in
Section 19858.2, each state officer and employee who is employed full
time and is either excluded from the definition of state employee in
subdivision (c) of Section 3513, or is a nonelected officer or
employee of the executive branch of government who is not a member of
the civil service, shall receive credit for vacation in accordance
with the following schedule:

  1 month to 3 years..........     7/8 day per month
  37 months to 10 years.......  1 3/8 days per month
  121 months to 10 years......  1 5/8 days per month
  181 months to 20 years......  1 3/4 days per month
  241 months to 25 years......  1 7/8 days per month
  301 months and over.........      2 days per month

   The time when vacation shall be taken shall be determined by the
appointing power of the officer or employee.

19858.2.  The department may provide by rule for the regulation and
accumulation of vacation credits on an hourly basis to conform to the
frequency of the pay period for all or certain designated employees.
For those employees whose vacation credits are accrued on an hourly
basis pursuant to this section, the rate of accrual shall be in
substantial proportion to the schedule provided in Section 19858.1.