Section 438.1 - Period of Time for the Temporary Assignment or Loan(a) The temporary assignment or loan of employees within an agency or between agencies shall be for an aggregate period of not more than 24 months in any 36-month time period. (1) Normal leave time (e.g., vacation, holidays, and sick leave) shall count toward the 24 months in any 36-month time period.(2) Employees who work less than full-time time per month (e.g., an employee works 20 hours per week for a total of 80 hours per month) may be in the temporary assignment or loan until they reach the equivalent of working full-time for 24 months in any 36-month time period. For purposes of this rule, 173.33 hours equals one month of full-time work. The equivalent of working full-time for 24 months in any 36-month time period shall be 4,159.92 (173.33 x 24) hours within a 6,239.88 (173.33 x 36) hour time period.(b) Notwithstanding subdivision (a), temporary assignment(s) within an agency or between agencies may be extended beyond the 24 months in any 36-month time period for up to an additional 24 months beyond the 36-month timeframe where additional time is required to complete an apprenticeship program. Approval of the extension by the Executive Officer is required before the apprenticeship program begins.(c) The temporary assignment or loan of employees between jurisdictions shall be for an aggregate period not to exceed four years or 48 months. The four-year or 48-month time period may only be exceeded when the specified criteria in Government Code section 19050.8 have been met.(d) If an appointing power approves an employee on a temporary assignment or loan to take a leave of absence for more than 20 continuous working days, the employee shall be reinstated to their former position upon returning to work, unless the appointing power determines that it is in the best interests of the state to allow the employee to continue their assignment or loan. No later than 10-working days after the approval to take a leave of absence, the appointing power shall inform the employee in writing of whether the employee will be reinstated to their former position or continue in the assignment or loan. Where the former position is with a different appointing power, that appointing power shall also be informed in writing of the decision within the 10-working day timeframe set forth herein.(e) Consecutive temporary assignments as defined in section 437, subdivision (h), are prohibited.(f) With the exception of training and development assignments, employees shall have no right of appeal to the Board or the Executive Officer concerning any temporary assignment or loan, including whether the employee was or was not selected for a temporary assignment or loan, or whether the temporary assignment or loan was terminated prior to the anticipated end of the temporary assignment or loan.Cal. Code Regs. Tit. 2, § 438.1
Note: Authority cited: Sections 18502, 18701 and 19050.8, Government Code. Reference: Sections 18500 and 19050.8, Government Code.
Note: Authority cited: Sections 18502, 18701 and 19050.8, Government Code. Reference: Sections 18500 and 19050.8, Government Code.
1. New section filed 3-4-2020; operative 7/1/2020 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18213 (Register 2020, No. 10).
2. Editorial correction restoring inadvertently omitted subsection (b) (Register 2022, No. 17).
3. Amendment of subsections (c)-(d) and new subsection (f) filed 3-12-2024; operative 7/1/2024 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2024, No. 11).
4. Editorial correction renumbering History 3 (Register 2024, No. 34).
5. Amendment of subsections (c) and (e) filed 8-22-2024; operative 10/1/2024 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18214 (Register 2024, No. 34).