Cal. Code Regs. tit. 2 § 599.619

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 599.619 - Reimbursement for Lodging, Meal, and Incidental Expenses - Excluded Employees

The following language is effective October 1, 2024:

The employee on travel status shall be reimbursed actual expenses for receipted lodging, and for meals and incidentals as provided in this section, unless directed to travel under the provisions of section 599.624.1 of these regulations. Lodging and/or meals provided by the state or included in hotel expenses or conference fees, or in transportation costs such as airline tickets, or otherwise provided shall not be claimed for reimbursement. Employees who are unable to consume meal(s) provided by the state, or included in hotel expenses, or conferences/registration fees because of time constraints or other considerations, such as reasonable accommodation, may be reimbursed in accordance with the rates established in subsection (a)(1)(a) of this section provided an alternate meal was purchased. Snacks and continental breakfasts, such as rolls, juice and coffee, are not considered to be meals. The circumstances of travel will determine the rate allowed.

(a) Short-term Travel. Reimbursement for short-term lodging, meal, and incidental expenses will be authorized only when the traveler incurs expenses arising from the use of reasonable, moderately priced commercial lodging and meal establishments, such as hotels, motels, bed and breakfast inns, campgrounds, restaurants, cafes, diners, etc. that cater to the general public. Employees who stay with friends or relatives may claim meals only in accordance with the rates and time frames set forth below. Lodging receipts are required. The short-term rate is intended for trips of such duration that weekly or monthly rates are not obtainable and will be discontinued after the 30th consecutive day assigned to one location unless an extension has been previously documented and approved by the appointing power. In extending short-term travel, the appointing power shall consider the expected remaining length of the travel assignment.
(1) Meals and Incidentals. Meal expenses for breakfast, lunch, dinner, and incidentals will be reimbursed in the amount of actual expenses up to the following maximums. Receipts are not required to claim meal and incidental expenses up to the maximum allowable reimbursement rates specified below unless the Department or the appointing power requires that receipts be submitted. Regardless of the above exceptions, the approving officer may require additional certification and/or explanation in order to determine that an expense was actually and reasonably incurred. In the absence of a satisfactory explanation, the expense shall not be allowed. Receipts for meals must be maintained by the employee as substantiation that the amount claimed was not in excess of the amount of actual expense. Reimbursement for incidental expenses shall only be for those incidental expenses as defined under the current Internal Revenue Service definition.
a. Rates. Actual meal and incidental expenses incurred while on travel status will be reimbursed in accordance with the maximum rates and time frame requirements outlined below.
(i) For each full 24 hours of travel: Up to the federal standard rate for meals and incidental expenses established by the U.S. General Services Administration.
(ii) On the first and last day of travel: Up to 75 percent of the federal standard rate for meals and incidental expenses established by the General Services Administration.
b. Timeframes. For continuous short-term travel of more than 24 hours and less than 31 consecutive days, the employee will be reimbursed for actual costs up to the maximum allowed for each meal and incidental expense as follows.
(i) For each full 24-hour day of travel: As indicated in (a)(1)(a)(i) above.
(ii) On the fractional day of travel at the beginning of a trip of more than 24 hours: Up to 75 percent of the standard federal daily rate for actual expenses.
(iii) On the fractional day of travel at the end of a trip of more than 24 hours: Up to 75 percent of the standard federal daily rate for actual expenses.
(iv) If the fractional day includes an overnight stay, receipted lodging may be claimed. No meal or lodging expenses may be claimed or reimbursed more than once on any given date or during any 24-hour period.
(v) For continuous travel of less than 24 hours, the employee will be reimbursed for actual expenses up to the maximum as follows:

For travel of at least 12 hours up to 24 hours: Up to 75 percent of the standard federal daily rate for actual expenses.

For travel of less than 12 hours: No reimbursement may be claimed for meals and incidental expenses.

If the trip extends overnight, receipted lodging may be claimed.

(2) Lodging. All lodging reimbursement requires a receipt from a commercial lodging establishment such as a hotel, motel, bed and breakfast inn, or public campground that caters to the general public. No lodging will be reimbursed without a valid receipt.
a. When employees are required to conduct State business and obtain lodging, reimbursement will be for actual receipted lodging up to the below identified maximums plus applicable taxes and mandatory fees.
b. For the 48 contiguous states and Washington, D.C. (CONUS): Up to the applicable federal rate established by the U.S. General Services Administration for the travel destination.
c. For certain out-of-state travel (Alaska, Hawaii, U.S. Territories and Possessions): Up to the applicable federal rate established by the Department of Defense for the travel destination.
d. For out-of-country (foreign) travel: Up to the applicable federal rate established by the U.S. Department of State for the travel destination.
e. Reimbursement of lodging expenses in excess of specified amounts, excluding taxes, requires advance written approval from the Department. The Department may delegate approval authority to departmental appointing powers or increase the lodging maximum rate for the geographical area and period of time deemed necessary to meet the needs of the State. An employee may not claim lodging, meal, or incidental expenses within 50 miles of their residence or headquarters.
f. If lodging receipts are not submitted, reimbursement will be for actual expenses for meals and incidentals only at the rates and time frames set forth in this section.
(b) Long-Term Travel. The long-term daily expense rate shall be authorized when an employee can reasonably be expected to incur expenses in one location comparable to those arising from the use of establishments catering to long-term visitors, and when the employee is expected to be in one location for 31 or more consecutive days. Actual expenses for long-term meals, incidentals, and receipted lodging will be reimbursed up to the maximum rates provided above in subsections (a)(1) and (a)(2). Meals and/or lodging provided by the state shall not be claimed for reimbursement. Departments and traveling employees should continue to make reasonable efforts to secure lodging that is in the best interest of the state. Such lodging may include contracted or preferred providers, long-term lodging establishments, and non-hotel accommodations such as an apartment or extended stay facility. The appointing power must determine prior to the beginning of the assignment if the time away from residence or headquarters area will be more than 30 days but less than one year. Long-term assignments lasting longer than one year may require the long-term reimbursements to be reported as a fringe benefit.

Full Long-term Travel. In order to qualify for full long-term travel reimbursement, the employee on long-term field assignment must meet the following criteria:

* The employee continues to maintain a permanent residence at the primary headquarters, and

* The permanent residence is occupied by the employee's dependents, or

* The permanent residence is maintained at a net expense to the employee exceeding $200 per month.

* The employee must submit substantiating evidence of these conditions to the appointing power in accordance with its requirements.

Employees who, with approval from their appointing power, after completing the work shift remain at the job or long-term assignment location past the Friday (12)-hour clock will receive up to the federal standard reimbursement rate for meals and incidental expenses established by the General Services Administration for Friday. Those staying overnight shall not receive any additional reimbursements for meals and incidental expenses regardless of the Saturday departure time. An employee returning to the temporary residence on Sunday will receive up to 75 percent of the federal standard reimbursement rate for meals and incidental expenses established by the General Services Administration. This does not change Department policy regarding the meals and incidentals reimbursement clock which starts at the beginning of the work shift on Monday. If the normal workweek is other than as stated above, the same principle applies.

The following clarifies Department policy regarding an employee leaving the long-term assignment location on personal business:

Employees who leave the long-term assignment location are not entitled to reimbursement of lodging, meals, incidentals, or transportation costs if they stayed overnight elsewhere.

With approval of the appointing power, the reimbursement of long-term lodging may continue when the employee is away from the long-term location on short-term business travel or other absences from that location.

Appointing powers shall submit annual long-term travel reports to the Department.

(c) Out-of-State Travel. Out-of-state travel is any travel outside the State of California for the purpose of conducting business outside the State of California. For short-term out-of-state travel, employees will be reimbursed for actual lodging expenses in accordance with the rates provided above in subsection (a)(2), supported by a receipt, and actual meal and incidental expenses as defined in section 599.619(a) of these regulations. Failure to furnish lodging receipts will limit reimbursement to meals only at the rates specified in subsection (a). Long-term out-of-state travel will be reimbursed according to section 599.619(b) of these regulations.
(d) Out-of-Country Travel. For short-term out-of-country travel, employees will be reimbursed for actual lodging expenses, supported by a receipt, in accordance with the rates provided above in subsection (a)(2) and will be reimbursed for actual meal and incidental expenses subject to maximum rates published in column (B) of the Maximum Travel per Diem Allowances for Foreign Areas, section 925, U.S. Department of State Standardized Regulations and the meal/incidental breakdown in Federal Travel Regulation Chapter 301, Travel Allowances, Appendix B for foreign travel for the dates of travel. Reimbursement for lodging, meals, and incidentals shall be paid in accordance with procedures prescribed by the Department. It is the responsibility of the individual employee to maintain receipts for their actual meal expenses. Failure to furnish lodging receipts will limit reimbursement to meals only in accordance with the published government meal and incidental rates for foreign travel. Long-term out-of-country travel will be reimbursed according to subsection (b) above.
(e) Exceptions to reimburse in excess of the maximum lodging rate cited in subsection (a) of this regulation may be granted by the appointing power only in accordance with the approval authority delegated to departmental appointing powers by the Department. The appointing power shall document the reasons for each exception and shall keep this documentation on file for three calendar years from the date of the exception. Appointing powers shall submit annual excess lodging rate request reports to the Department.

Cal. Code Regs. Tit. 2, § 599.619

Note: Authority cited: Sections 3539.5, 18502, 19815.4(d) and 19820, Government Code. Reference: Sections 3527(b) and 11030, Government Code.

Note: Authority cited: Sections 3539.5, 18502, 19815.4(d) and 19820, Government Code. Reference: Sections 3527(b) and 11030, Government Code.

1. New chapter 3 (sections 599.619-599.745, not consecutive) filed 10-12-82 as an emergency; effective upon filing (Register 82, No. 42). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 4-10-83.
2. Certificate of Compliance including amendments transmitted to OAL 3-15-83 and filed 4-19-83 (Register 83, No. 17).
3. Redesignation of sections 599.619-599.632, not consecutive, to article 2 filed 9-6-83; effective thirtieth day thereafter (Register 83, No. 37).
4. Amendment filed by the Department of Personnel Administration with the Secretary of State on 8-20-84; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 85, No. 18).
5. Amendment filed by the Department of Personnel Administration with the Secretary of State on 5-23-86; effective upon filing. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 86, No. 26).
6. Amendment filed by the Department of Personnel Administration with the Secretary of State on 7-8-87; operative 7-8-87. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 87, No. 32).
7. Amendment filed by the Department of Personnel Administration with the Secretary of State on 6-27-88 pursuant to Government Code section 3539.5. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 31).
8. Amendment of subsection (a)(4) filed by the Department of Personnel Administration with the Secretary of State on 9-1-88; operative 10-1-88. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 88, No. 41).
9. Amendment of subsections (a)(1) and (a)(5) filed by the Department of Personnel Administration with the Secretary of State on 6-30-89; operative 6-30-89. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 89, No. 33).
10. Amendment of subsections (a)(2)-(a)(4) filed by the Department of Personnel Administration with the Secretary of State on 10-20-89; operative 10-20-89. Submitted to OAL for printing only pursuant to Government Code section 11343.8 (Register 89, No. 49).
11. Change without regulatory effect amending section filed 9-10-91 (corrected text filed 9-11-91) pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 51).
12. Amendment filed 12-31-91 with Secretary of State by Department of Personnel Administration; operative 12-31-91. Submitted to OAL for printing only pursuant to Government Code 3539.5 (Register 92, No. 12).
13. Editorial correction of printing errors in subsections (a)(1) and (a)(2)(A) (Register 92, No. 34).
14. Amendment of section heading and section filed 12-27-95; operative 1-1-96. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 95, No. 52).
15. Amendment filed 7-1-97; operative 7-1-97 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 97, No. 27).
16. Amendment of subsection (a)(1)(C) filed 10-28-99; operative 11-2-99. Submitted to OAL for printing only (Register 99, No. 51). At the request of DPA pursuant to Government Code section 3539.5, OAL is directing the printing of this regulation in the CCR. Title 1, CCR, section 6(b)(2)(F)1 defines "print only" regulations as "regulations adopted pursuant to the requirements of the APA, but which are expressly exempted by statute from OAL review . . . ." (Emphasis added.) In complying with DPA's request, OAL makes no determination concerning whether or not DPA has met the statutory requirements for adoption of regulations set forth in Government Code sections 11346- 11347.3, including but not limited to public notice and comment. See 1998 OAL Determination No. 40 (Department of Personnel Administration, 96-008, December 9, 1998), California Regulatory Notice Register 99, No. 3-Z, January 15, 1999, p. 139, at p. 145; typewritten version, p. 18.
17. Amendment of subsection (a)(1)(C) filed 10-1-2001; operative 10-1-2001. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 2001, No. 46).
18. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
19. Amendment of subsection (a)(1)(C) filed 1-8-2024; operative 1/8/2024. Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5 (Register 2024, No. 2).
20. Amendment of section heading and section filed 9-25-2024; operative 9/25/2024 pursuant to Government Code section 3539.5(b). Submitted to OAL for filing and printing only pursuant to Government Code section 3539.5(b) (Register 2024, No. 39).