§ 438.1. Period of Time for the Temporary Assignment or Loan.

2 CA ADC § 438.1Barclays Official California Code of RegulationsEffective: [See Text Amendments] to June 30, 2024

Barclays California Code of Regulations
Title 2. Administration
Division 1. Administrative Personnel
Chapter 1. State Personnel Board
Subchapter 1.3. Classifications, Examinations, and Appointments (Refs & Annos)
Article 19.1. Temporary Assignments or Loans
Effective: [See Text Amendments] to June 30, 2024
2 CCR § 438.1
§ 438.1. Period of Time for the Temporary Assignment or Loan.
(a) The temporary assignment or loan of employees within an agency or between agencies shall be for an aggregate period of not more than 24 months in any 36-month time period.
(1) Normal leave time (e.g., vacation, holidays, and sick leave) shall count toward the 24 months in any 36-month time period.
(2) Employees who work less than full-time time per month (e.g., an employee works 20 hours per week for a total of 80 hours per month) may be in the temporary assignment or loan until they reach the equivalent of working full-time for 24 months in any 36-month time period. For purposes of this rule, 173.33 hours equals one month of full-time work. The equivalent of working full-time for 24 months in any 36-month time period shall be 4,159.92 (173.33 x 24) hours within a 6,239.88 (173.33 x 36) hour time period.
(b) Notwithstanding subdivision (a), temporary assignment(s) within an agency or between agencies may be extended beyond the 24 months in any 36-month time period for up to an additional 24 months beyond the 36-month timeframe where additional time is required to complete an apprenticeship program. Approval of the extension by the Executive Officer is required before the apprenticeship program begins.
(c) The temporary assignment or loan of employees between jurisdictions shall be for an aggregate period not to exceed four years or 48 months. “Between jurisdictions” means situations where an employee is on a temporary assignment or loan to a federal, county, city, or local agency, board, commission, department, district or similar non-state governmental entity,
(d) If an appointing power approves an employee on a temporary assignment or loan to take a leave of absence for more than 20 continuous working days, the employee shall be reinstated to his or her former position upon returning to work, unless the appointing power determines that it is in the best interests of the state to allow the employee to continue his or her assignment or loan. No later than 10-working days after the approval to take a leave of absence, the appointing power shall inform the employee in writing of whether the employee will be reinstated to his or her former position or continue in the assignment or loan. Where the former position is with a different appointing power, that appointing power shall also be informed in writing of the decision within the 10-working day timeframe set forth herein.
(e) Consecutive temporary assignments as defined in section 437, subdivision (h) are prohibited.

Credits

Note: Authority cited: Sections 18502, 18701 and 19050.8, Government Code. Reference: Sections 18500 and 19050.8, Government Code.
History
1. New section filed 3-4-2020; operative 7-1-2020 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18213 (Register 2020, No. 10).
2. Editorial correction restoring inadvertently omitted subsection (b) (Register 2022, No. 17).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 2, § 438.1, 2 CA ADC § 438.1
End of Document