Cal. Code Regs. Tit. 2, § 599.810 - Out-of-Class Assignments - Excluded Employees
(a) For the purposes of this section:
(1) "Excluded employee" means an employee as
defined in Government Code section
3527(b)
(Ralph C. Dills Act) except those excluded employees who are designated
managerial pursuant to Government Code section
18801.1.
(2) "Out-of-class work" is defined as, more
than 50 percent of the time, performing the full range of duties and
responsibilities allocated to an existing class and not allocated to the class
in which the person has a current, legal appointment.
(3) A higher classification is one with a
salary range maximum that is any amount higher than the salary range maximum of
the classification to which the employee is appointed.
(b) As specified in subsection (d) below,
excluded employees may be compensated for performing duties of a higher
classification provided that:
(1) the
assignment is made in advance in writing and the excluded employee is given a
copy of the assignment; and,
(2)
the appointing power certifies that funds are available within its current
budget; and,
(3) the duties
performed by the excluded employee are not described in a training and
development assignment or by the specification for the class to which the
excluded employee is appointed and, further, taken as a whole are fully
consistent with the types of jobs described in the specification for the higher
classification; and
(4) the
excluded employee does not perform such duties for more than 120 calendar days
in a fiscal year, except as provided in subsection (e)
below.
(c) There shall be
no compensation under this regulation for assignments that last for 15
consecutive working days or less.
(d) An excluded employee performing in a
higher class for more than 15 consecutive working days shall receive the rate
of pay the excluded employee would receive if appointed to the higher class for
the entire duration of the assignment, not to exceed one year.
(e) An excluded employee may be assigned
out-of-class work for more than 120 calendar days during any 12-month period
only if the appointing power or his or her designee files a written statement
with the Department certifying that the additional out-of-class work is
required to meet a need that cannot be met through other administrative or
civil service alternatives. Such assignments shall be subject to termination by
the Department upon a finding that reasonable alternatives do exist.
(f) Pay differentials received under this
regulation shall not be part of an excluded employee's base pay for the purpose
of merit salary adjustments or other salary transactions related to subsequent
appointments and separations.
(g)
Paid time off shall not break the continuity of work in a higher class for the
purposes of this regulation.
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. Amendment filed 5-12-98; operative 5-12-98. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 98, No. 20).
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) and 19820, Government Code. Reference: Section 3539.5, 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. Amendment filed 5-12-98; operative 5-12-98. Submitted to OAL for printing only pursuant to Government Code section 3539.5 (Register 98, No. 20).
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).
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