Cal. Code Regs. tit. 2 § 599.705

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 599.705 - Compensating Time off

The time when compensating time off may be taken shall be at the discretion of the appointing power. If the employee fails to take compensating time off at the time designated by the appointing power, the employee shall have waived the right to compensation for such overtime. When compensating time off is ordered, reasonable advance notice (at least 24 hours) should be provided the employee. Compensation time off may be taken only in units of time of one-eighth hour or multiple thereof.

(a) Compensating time off for employees in Work Week Group 1 shall be earned on a time and one-half basis and may be authorized in lieu of cash compensation. If an employee in Work Week Group 1 is not allowed compensating time off within 12 pay periods following the pay period in which the overtime was worked payment shall be made for such overtime on the next payroll. Normally, an employee in Work Week Group 1 who has an accumulation of 240 hours or 30 days of authorized overtime shall not be required to work additional overtime.
(b) Compensating time off, when authorized for employees in Work Week Group 4, shall be earned on an hour-for-hour basis unless otherwise specified in the work week subgroup. All compensating time off must be granted by the appointing power within the 12 pay periods next following the pay period during which the overtime is worked. Upon failure of the appointing power to grant this compensating time off within the period provided, the employee may appeal to the Department. After hearing such appeal, the Department may order the appointing power to arrange for this time to be taken off before expiration of the nine pay periods from the end of said 12 pay periods and report such arrangement to the Department. At no time may an employee's accumulated overtime exceed 240 hours or 30 days excluding overtime concerning which an appeal is pending. Normally an employee who has an accumulation of 240 hours or 30 days of authorized overtime shall not be required to work additional overtime except in cases of emergency, as such overtime is not compensable.

Cal. Code Regs. Tit. 2, § 599.705

1. Change without regulatory effect amending subsection (b) and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).

Note: Authority cited: Sections 18502, 19815.4(d), 19843, 19844, 19845, 19846, 19847, 19849 and 19849.1, Government Code. Reference: Sections 19848 and 19851, Government Code.

1. Change without regulatory effect amending subsection (b) and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).