Section 599.738 - Accumulation - Excluded EmployeesAn excluded employee is defined in section 599.615(b) of these regulations.
(a) The excluded employee may accumulate the unused portion of vacation credit, provided that on January 1st of a calendar year, the excluded employee shall not have more than 80 vacation days.(b) The appointing power may permit an excluded employee to carry over more vacation credits than the prescribed maximum when the excluded employee is prevented from taking vacation because the excluded employee is: (1) required to work as a result of fire, flood or other emergency,(2) assigned work of priority or critical nature over an extended period,(3) absent on full salary for compensable injury, or(4) prevented by the agency's regulations from taking vacation until December and is then unable to take vacation because of sick leave usage. The carry-over of vacation credits in successive years may only be approved by the appointing power in extenuating circumstances.(c) When verification of prior state service requires revisions in vacation credits the excluded employee's current accumulation shall be adjusted. Additional credit exceeding the maximum carry-over shall be used within one year following the qualifying monthly pay period in which credited.(d) An excluded employee separated from service without fault, shall be paid for all accumulated vacation credit. Accumulation of vacation credit shall continue through the last working day for which the excluded employee is entitled to pay or through the date to which lump-sum payment is projected as required by Government Code section 19839. If the excluded employee has sufficient paid working days to qualify the monthly pay period, vacation with pay shall be given for that monthly pay period.(e) An excluded employee separated from service through fault shall accumulate vacation credit only through the date of separation. If the excluded employee has sufficient paid working days to qualify the monthly pay period, vacation pay shall be given for that monthly pay period.Cal. Code Regs. Tit. 2, § 599.738
1. Redesignation of section 599.738 to Article 9 filed 9-6-83; effective thirtieth day thereafter (Register 83, No. 37). For prior history, see Registers 83, No. 17; and 82, No. 42.
2. Change without regulatory effect amending section heading, section, and NOTE filed 6-29-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 27).
3. Amendment of subsection (a) filed 11-30-99; operative 11-30-99. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 99, No. 49).
4. 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). Note: Authority cited: Sections 3539.5, 18502, 19815.4(d), 19856 and 19857, Government Code. Reference: Section 19839, Government Code.
1. Redesignation of section 599.738 to Article 9 filed 9-6-83; effective thirtieth day thereafter (Register 83, No. 37). For prior history, see Registers 83, No. 17; and 82, No. 42.
2. Change without regulatory effect amending section heading, section, and Note filed 6-29-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 27).
3. Amendment of subsection (a) filed 11-30-99; operative 11-30-99. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 99, No. 49).
4. 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).