SECTIONS 19851-19855 - California Statutes

GOVERNMENT CODE

SECTION 19851-19855

19851. (a) It is the policy of the state that the workweek of the
state employee shall be 40 hours, and the workday of state employees
eight hours, except that workweeks and workdays of a different number
of hours may be established in order to meet the varying needs of
the different state agencies. It is the policy of the state to avoid
the necessity for overtime work whenever possible. This policy does
not restrict the extension of regular working-hour schedules on an
overtime basis in those activities and agencies where it is necessary
to carry on the state business properly during a manpower shortage.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19851.1. (a) (1) Notwithstanding Section 19851, the Department of
Corrections shall establish a standardized overtime cap for
correctional officers not to exceed 80 hours per month.
(2) This subdivision shall not relieve the state of any obligation
under a memorandum of understanding for State Bargaining Unit 6 in
effect on January 1, 2004, and approved pursuant to Section 3517.6,
relating to hours of work, overtime, or alternative work schedules.
(b) Notwithstanding any other provision of law, the Department of
Corrections shall not reduce the total number of filled educational
positions as of June 30, 2003, if the director of the department
determines that the reduction would result in a loss of day for day
credits for eligible inmates.

19852. When the Governor determines that the best interests of the
state would be served thereby, the Governor may require that the
40-hour workweek established as the state policy in Section 19851
shall be worked in four days in any state agency or part thereof.

19853. (a) All state employees shall be entitled to the following
holidays: January 1, the third Monday in January, the third Monday in
February, March 31, the last Monday in May, July 4, the first Monday
in September, November 11, Thanksgiving Day, the day after
Thanksgiving, December 25, the day chosen by an employee pursuant to
Section 19854, and every day appointed by the Governor of this state
for a public fast, thanksgiving, or holiday.
(b) If a day listed in this subdivision falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. If November 11 falls upon a Saturday, the preceding Friday
shall be deemed to be the holiday in lieu of the day observed.
(c) Any state employee who may be required to work on any of the
holidays included in this section, and who does work on any of these
holidays, shall be entitled to receive straight-time pay and eight
hours of holiday credit.
(d) For the purpose of computing the number of hours worked, time
when an employee is excused from work because of holidays, sick
leave, vacation, annual leave, compensating time off, or any other
leave shall not be considered as time worked by the employee for the
purpose of computing cash compensation for overtime or compensating
time off for overtime.
(e) Any state employee, as defined in subdivision (c) of Section
3513, may elect to receive eight hours of holiday credit for the
fourth Friday in September, known as "Native American Day," in lieu
of receiving eight hours of personal holiday credit in accordance
with Section 19854.
(f) Persons employed on less than a full-time basis shall receive
holidays in accordance with the Department of Personnel
Administration rules.
(g) If subdivision (a), (c), or (d) is in conflict with the
provisions of a memorandum of understanding executed or amended
pursuant to Section 3517.5 on or after February 1, 2009, or the date
that the act adding this section takes effect, whichever is later,
the memorandum of understanding shall be controlling without further
legislative action, except that if those provisions of the memorandum
of understanding require the expenditure of funds, the provisions
shall not become effective unless approved by the Legislature in the
annual Budget Act.
(h) This section shall become operative on February 1, 2009, or
the date that the act adding this section takes effect, whichever is
later.

19853.1. (a) Notwithstanding Section 19853, this section shall
apply to state employees in State Bargaining Unit 5.
(b) Except as provided in subdivision (c), all employees shall be
entitled to the following holidays: January 1, the third Monday in
January, the third Monday in February, March 31, the last Monday in
May, July 4, the first Monday in September, November 11, the day
after Thanksgiving, December 25, and every day appointed by the
Governor of this state for a public fast, thanksgiving, or holiday.
If a day listed in this subdivision falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. If November 11 falls upon a Saturday, the preceding Friday
shall be deemed to be the holiday in lieu of the day observed. Any
employee who may be required to work on any of the holidays included
in this section and who does work on any of these holidays shall be
entitled to be paid compensation or given compensating time off for
that work in accordance with his or her classification's assigned
workweek group.
(c) If the provisions of subdivision (b) are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.
(d) Any employee who either is excluded from the definition of
state employee in subdivision (c) of Section 3513, or is a nonelected
officer or employee of the executive branch of government who is not
a member of the civil service, is entitled to the following
holidays, with pay, in addition to any official state holiday
appointed by the Governor:
(1) January 1, the third Monday in January, the third Monday in
February, March 31, the last Monday in May, July 4, the first Monday
in September, November 11, Thanksgiving Day, the day after
Thanksgiving, and December 25.
(2) When November 11 falls on a Saturday, employees shall be
entitled to the preceding Friday as a holiday with pay.
(3) When a holiday, other than a personal holiday, falls on a
Saturday, an employee shall, regardless of whether he or she works on
the holiday, accrue only an additional eight hours of personal
holiday credit per fiscal year for the holiday. The holiday credit
shall be accrued on the actual date of the holiday and shall be used
within the same fiscal year.
(4) When a holiday other than a personal holiday falls on Sunday,
employees shall be entitled to the following Monday as a holiday with
pay.
(5) Employees who are required to work on a holiday shall be
entitled to pay or compensating time off for this work in accordance
with their classification's assigned workweek group.
(6) Persons employed on less than a full-time basis shall receive
holidays in accordance with the Department of Personnel
Administration rules.
(e) Any employee, as defined in subdivision (c) of Section 3513,
may elect to use eight hours of vacation, annual leave, or
compensating time off consistent with departmental operational needs
and collective bargaining agreements for the fourth Friday in
September, known as "Native American Day."
(f) This section shall become effective with regard to the March
31 holiday only when the Department of Personnel Administration
notifies the Legislature that the language contained in this section
has been agreed to by all exclusive representatives, and the
Department of Personnel Administration authorizes this holiday to be
applied to employees designated as excluded from the Ralph C. Dills
Act (Chapter 10.3 (commencing with Section 3512), Division 4, Title
1), and the necessary statutes are amended to reflect this change.

19854. (a) Every employee, upon completion of six months of his or
her initial probationary period in state service, shall be entitled
to one personal holiday per fiscal year. The personal holiday shall
be credited to each full-time employee on the first day of July. No
employee shall lose a personal holiday credit because of the change
from calendar to fiscal year crediting. The department head or
designee may require the employee to provide five working days'
advance notice before a personal holiday is taken, and may deny use
subject to operational needs. The department may provide by rule for
the granting of this holiday for employees.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

19855. Any state employee who was laid off from the Department of
Employment on the 31st day of December 1941 and thereafter entered
the employ of the United States Employment Service and who returned
to state service prior to November 16, 1946 and any person who
entered the employ of the United States Employment Service after
December 31, 1941 and who, prior to November 16, 1946, entered the
state service in the Department of Employment may have the department
determine the extent, if any, to which such employee shall be
entitled to have credited to him in the state civil service,
seniority credit, sick leave and accumulated vacation because of
service in the United States Employment Service. The department shall
limit such determination to the time any such employee was actually
employed in the United States Employment Service, including time
spent in war service in another federal department if such employee
was transferred from the United States Employment Service to another
federal department for war service and such employee subsequently
entered the employ of the Department of Employment prior to November
16, 1946, and such seniority credits and accumulated sick leave and
accumulated vacation shall not exceed that to which each employee
would be entitled if he had been continuously employed by the State
of California.
The foregoing provisions shall likewise apply to former employees
of the Department of Employment who although otherwise entitled to
such determinations entered recognized military service from federal
employment and were reemployed by the Department of Employment within
six months after their release from the military service and within
six months from the termination of the state military emergency as
proclaimed by the Governor. Such time spent in the military service
shall be construed as time spent on military leave from the state
civil service.