2009 California Government Code - Section 19888-19888.1 :: Article 8. Emergency

GOVERNMENT CODE
SECTION 19888-19888.1

19888.  Service under emergency appointment shall be credited for
purposes of vacation, sick leave, annual leave, and salary adjustment
only if and as provided by 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 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.

19888.1.  The appointing power, to prevent the stoppage of public
business when an actual emergency arises, or because the work will be
of limited duration, not to exceed 60 working days, may make
emergency appointments without utilizing persons on employment lists
and, if necessary, without regard to existing classes. The method of
selection and the qualification standards for an emergency employee
shall be determined by the appointing power. The frequency of
appointment, length of employment, and the circumstances appropriate
for the appointment of an individual under emergency appointments
shall be restricted by the State Personnel Board by rule so as to
prevent the use of emergency appointments to circumvent employment
lists.
   Service under emergency appointment shall be credited for purposes
of layoff only if and as provided by department rule.


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