SECTIONS 19998.3-19998.4 - California Statutes

GOVERNMENT CODE

SECTION 19998.3-19998.4

19998.3. Notwithstanding any other provision of law to the
contrary, an employee whose continuity of employment in the state
service as either an exempt or civil service employee is broken for
six months or longer by a permanent separation such as resignation,
dismissal, or rejection during a probationary period, and who is
subsequently reemployed after December 31, 1949, shall not be
credited for service prior to that separation for purposes of sick
leave, nor shall the employee be credited with any sick leave which
the employee had accumulated prior to his or her separation and he or
she shall again serve the months required to qualify for vacation
credit. The department shall adopt rules governing the crediting of
service before and after a break in service for purposes of vacation
as specified in Section 19858.1 and the keeping of service records
related thereto.
When an employee has a break in the continuity of his or her state
employment because of a temporary separation such as layoff,
suspension, leave of absence, military leave, disability retirement,
or medical termination, his or her prior service shall be counted
upon his or her return to state service for purposes of layoff, sick
leave, and vacation.
If an employee had a break in the continuity of his or her state
employment because of absence occasioned by his or her evacuation and
relocation pursuant to orders issued by the commanding officer of
the Western Defense Command in March 1942, for the evacuation of
persons of Japanese descent from the area, where that employee was in
state service on March 5, 1942, and returned to state service on or
before December 31, 1949, the time of absence during which those
orders were in effect shall be counted for purposes of layoff.

19998.4. (a) An employee who entered county employment pursuant to
a resolution or agreement effecting the transfer of that employee by
the State Department of Mental Health to a local mental health
services program in accordance with Chapter 1330 of the Statutes of
1984, shall, upon reentry into state service, be credited with
vacation and sick leave owed to that employee by the county, except
as provided by subdivisions (b) and (c).
(b) Any hours of vacation and sick leave for which the employee
receives monetary compensation upon separation from the county, shall
be deducted from the total hours of vacation and sick leave to which
the employee is entitled. The credit for accumulated vacation and
sick leave shall not exceed that to which each employee would be
entitled if he or she had been continuously employed by the State of
California in the classification in which he or she held permanent
status at the time of separation from state service.
(c) The separation from state service shall be considered
permanent for purposes of subdivision (a) and no vacation or sick
leave credit for time employed by the county shall be granted by the
state if either of the following has occurred:
(1) The employee permanently separated from county service for six
months or longer.
(2) More than five years elapsed since the employee was
transferred by the department to the county.