Cal. Code Regs. Tit. 2, § 599.793 - Reimbursable Paid Leave of Absence - Excluded Employees
An excluded employee is defined in section 599.615(b) of these regulations.
(a) An appointing
power may grant a reimbursable paid leave of absence to a state employee as
defined in Government Code section
3513(c)
and to a supervisory employee as defined in Government Code section
3513(g)
to work as a temporary employee of an employee organization as defined in
Government Code sections
3513(a)
and
3527(d)
in accordance with the following:
(1) The
appointing power shall be reimbursed by the organization for the full amount of
the excluded employee's salary, plus an additional amount equal to the full
cost of state-provided employee benefits, as determined by the Department, for
all time the excluded employee is off on a reimbursable paid leave of absence.
Full reimbursement shall be made by the organization no later than six months
after the leave terminates.
(2) An
excluded employee granted a reimbursable paid leave of absence shall have no
right to return earlier than the agreed-upon date without prior approval of the
appointing power.
(3) A
reimbursable paid leave of absence may be terminated at any time by the
appointing power. The appointing power shall endeavor to give 14 calendar days'
advance notice before terminating the leave.
(4) An excluded employee granted a
reimbursable paid leave of absence shall have the right to return to his/her
former position upon termination of the leave. The term "former position" is
defined in Government Code section
18522.
(5) An excluded employee granted a
reimbursable paid leave of absence shall experience no loss of compensation or
benefits.
(6) Whether time on a
reimbursable paid leave of absence is to be credited for merit purposes shall
be determined by the State Personnel Board.
(7) Excluded employees granted a reimbursable
paid leave of absence shall waive any and all claims against the state for
workers' compensation and industrial disability leave benefits for injuries
sustained while on leave. The organization shall indemnify and hold the state
harmless from any workers' compensation liability and cost of legal defense
incurred in the course of such proceedings.
Notes
2. Change without regulatory effect amending section heading and text, and NOTE filed 7-17-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 29).
3. 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 and 19815.4(d), Government Code. Reference: Section 19991.10, Government Code.
2. Change without regulatory effect amending section heading and text, and Note filed 7-17-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 29).
3. 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).
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