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19.2 Supersession

The following Government Code Sections and all CalHR regulations and/or rules related thereto are hereby incorporated into this MOU. However, if any other provision of this MOU is in conflict with any of the Government Code Sections listed below or the regulations related thereto, such MOU provision shall be controlling. The Government Code Sections listed below are cited in Section 3517.6 of the Dills Act.

  1. Government Code Section
    1. (1)      General
    2. 19824      Establishes monthly pay periods.
    3. 19839    Provides lump-sum payment for unused vacation accrued or compensating time off upon separation.
    4. 19888      Specifies that service during an emergency is to be credited for vacation, sick leave, and MSA.
    5. (2)      Step Increases
    6. 19829      Requires CalHR to establish minimum and maximum salaries with intermediate steps.
    7. 19832      Establishes annual merit salary adjustments (MSA’s) for employees who meet standards of efficiency.
    8. 19834      Requires MSA payments to qualifying employees when funds are available.
    9. 19835     Provides employees with the right to cumulative adjustments for a period not to exceed two years when MSA’s are denied due to lack of funds.
    10. 19836      Provides for hiring at above the minimum salary limit in specified instances.
    11. 19837   Authorizes rates above the maximum of the salary range when a person’s position is downgraded. (Red Circle Rates.)
    12. (3)      Holidays
    13. 19853      Establishes legal holidays.
    14. 19854      Provides for personal holiday.
    15. (4)      Vacations
    16. 19858.1    Defines amount earned and methods of accrual by full-time employees.
    17. 19856    Requires CalHR to establish rules regulating vacation accrual for part-time employees and those transferring from one State agency to another.
    18. 19856.1    Requires CalHR to define the effect of absence of 10 days or less on vacation accrual.
    19. 19863      Allows vacation use while on temporary disability (due to work-incurred injury) to augment paycheck.
    20. 19143      Requires CalHR to establish rules regarding vacation credit when employees have a break in service over six months.
    21. 19991.4   Provides that absence of an employee for a work-incurred compensable injury or disease is considered continuous service for the purpose of the right to vacation.
    22. (5)      Sick Leave
    23. 19859    Defines amount earned and methods of accrual for full-time and part-time employees.
    24. 19861      Allows CalHR to define the effect on sick-leave credits of absences of 10 days or less in any calendar month.
    25. 19862      Permits sick leave to be accumulated.
    26. 19863    Allows sick leave use while on temporary disability (due to work-incurred injury) to augment paycheck.
    27. 19863.1    Provides sick leave credit while employee is on industrial disability leave and prescribes how it may be used.
    28. 19864      Allows the CalHR to provide by rule for sick leave without pay for employees who have used up their sick leave with pay.
    29. 19866      Provides sick leave accumulation for non-civil service employees.
    30. 19991.4   Provides that absence of an employee for a work-incurred compensable injury or disease is considered continuous service for the purpose of the right to sick leave.
    31. (6)      Paid Leaves of Absence
    32. 19991.3    Jury duty.
    33. 19991.5    30-day educational leave for the medical staff and medical technicians of the Veterans’ Home.
    34. 19991.7    Teachers’ educational leave and earned credits subject to CalHR rule.
    35. (7)      Uniforms, Work Clothes, and Safety Equipment
    36. 19850      Definitions.
    37. 19850.1    Provides for uniform allowances.
    38. 19850.3    Requires CalHR to establish procedures to determine need for uniforms and the amount and frequency of uniform allowances.
    39. 19850.4   Provides for work clothes for purposes of sanitation or cleanliness to be maintained and owned by the State.
    40. 19850.5    Provides for initial issuance of required safety equipment at State expense.
    41. (8)      Industrial Disability Leave (IDL)
    42. 19869      Defines who is covered.
    43. 19870      Defines “IDL” and “full pay.”
    44. 19871     Provides terms of IDL coverage in lieu of workers’ compensation temporary disability payment.
    45. 19871.1    Provides for continued benefits while on IDL.
    46. 19872    Prohibits payment of temporary disability or sick leave pay to employees on IDL.
    47. 19873   Inapplicability of retraining and rehabilitation provisions of Labor Code to employees covered by IDL.
    48. 19874      Allows employees to receive Workers’ Compensation benefits after exhaustion of IDL benefits.
    49. 19875      Requires three-day waiting period, unless hospitalized or disability more than 14 days.
    50. 19876      Payments contingent on medical certification and vocational rehabilitation.
    51. 19877      Authorizes CalHR to adopt rules governing IDL.
    52. 19877.1    Sets effective date.
    53. (9)      Non-Industrial Disability Insurance (NDI)
    54. 19878      Definitions.
    55. 19879      Sets the amount of benefits and duration of payment.
    56. 19880      Sets standards and procedures.
    57. 19880.1    Allows employee option to exhaust vacation prior to NDI.
    58. 19881      Bans NDI coverage if employee is receiving unemployment compensation.
    59. 19882      Bans NDI coverage if employee is receiving other cash payment benefits.
    60. 19883      Provides for discretionary deductions from benefit check, including employer contributions; employee does not accrue sick leave or vacation credits or service credits for any other purpose.
    61. 19884      Filing procedures; determination and payment of benefits.
    62. 19885      Authorizes CalHR to establish rules governing NDI.
    63. (10)     Life Insurance
    64. 21600      Establishes group term life insurance benefits.
    65. 21604      Provides for Death Benefit from PERS.
    66. 21605      Sets Death Benefit at $5,000 plus 50 percent of one year’s salary.

(11)    Health Insurance

    1. 22808   Provides for continuation of health plan coverage during leave of absence without pay.
    2. 22871      Provides for employee and employer contribution.
      22871.3    Provides for employee and employer contribution.
    3. 22871.6    Sets employer contribution.
    4. (12)     Workweek
    5. 19851      Sets 40-hour workweek and 8-hour day.
    6. 19843      Directs the CalHR to establish and adjust workweek groups.
    7. (13)     Overtime
    8. 19844  Directs CalHR to establish rules regarding cash compensation and compensating time off.
    9. 19848     Permits the granting of compensating time off in lieu of cash compensation within 12 calendar months after overtime worked.
    10. 19849     Requires CalHR to adopt rules governing overtime and the appointing power to administer and enforce them.
    11. 19863    Allows use of accumulated compensable overtime while on temporary disability (due to work-incurred injury) to augment paycheck.
    12. (14)     Callback Time
    13. 19849.1    Allows CalHR to set rules and standards for callback time based on prevailing practices and the needs of State service.
    14. (15)     Defined Contribution
    15. 19993      Allows employees to deduct a portion of their salary to participate in a 457(b) defined contribution plan.
    16. 19999.5   Allows employees to deduct a portion of their salary to participate in a 401(k) thrift plan.
    17. (16)     Relocation Expenses
    18. 19841      Provides relocation expenses for involuntary transfer or promotion requiring a change in residence.
    19. (17)     Travel Expenses
    20. 19820      Provides reimbursement of travel expenses for officers and employees of the State on State business.
    21. 19822      Provides reimbursement to State for housing, maintenance and other services provided to employees.
    22. (18)     Unpaid Leaves of Absence
    23. 19991.1     Allows the appointing power to grant a one-year leave of absence; assures the employee a right of return.
    24. 19991.2   Allows the appointing power to grant a two-year leave for service in a technical cooperation program.
    25. 19991.4    Provides that absence of an employee for work-incurred compensable injury or disease is considered as continuous service for purposes of salary adjustments, sick leave, vacation or seniority.
    26. 19991.6    Provides one year of pregnancy leave or less as required by a permanent female employee.
    27. (19)     Performance Reports
    28. 19992        Provides for establishment of performance standards by State agencies.
    29. 19992.1    Provides for a system of performance reports and allows CalHR to enforce adherence to appropriate standards.
    30. 19992.2    Requires the appointing power to prepare performance reports and show them to the employee.
    31. 19992.3    Requires performance reports to be considered in salary increases and decreases, layoffs, transfers, demotions, dismissals and promotional examinations as prescribed by CalHR rule.
    32. 19992.4   Allows CalHR to establish rules leading to reduction in class and compensation or dismissal for unsatisfactory service.
    33. (20)     Involuntary Transfers
    34. 19841      Provides relocation expenses for involuntary transfer or promotion requiring a change in residence.
    35. 19994.1    Authorizes involuntary transfers. Requires 60-day prior written notice when transfer requires change in residence.
    36. 19994.2    Allows seniority to be considered when two or more employees are in a class affected by involuntary transfers which require a change in residence.
    37. (21)     Demotion and Layoff
    38. 19997.2    Provides for subdivisional layoffs in a State agency subject to CalHR approval.  Subdivisional re-employment lists take priority over others.
    39. 19997.3    Requires layoffs according to seniority in a class, except for certain classes in which employee efficiency is combined with seniority to determine order of layoff.
    40. 19997.8    Allows demotion in lieu of layoff.
    41. 19997.9    Provides for salary at maximum step on displacement by another employee’s demotion, provided such salary does not exceed salary received when demoted.
    42. 19997.10   An employee displaced by an employee with return rights may demote in lieu of layoff.
    43. 19997.11   Establishes re-employment lists for laid-off or demoted employees.
    44. 19997.12   Guarantees same step of salary range upon recertification after layoff or demotion.
    45. 19997.13   Requires 30-day written notice prior to layoff and not more than 60-days after seniority computed.
    46. 19998      Employees affected by layoff due to management-initiated changes should receive assistance in finding other placement in State service.
    47. (22)     Incompatible Activities
    48. 19990    Requires each appointment power to determine activities which are incompatible, in conflict with, or inimical to their employees’ duties; provides for identification of and prohibits such activities.
    49. (23)     Use of State Time
    50. 19991      Provides State time for taking civil service examinations including employment interviews for eligibles on employment lists, or attending a meeting of CalHR or SPB on certain matters.
    51. (24)     Training
    52. 19995.2    Provides for counseling and training programs for employees whose positions are to be eliminated by automation, technological or management-initiated changes.
    53. 19995.3    Provides for Department of Rehabilitation to retrain and refer disabled State employees to positions in State service.
  2. Applicable Education Codes
    1. Part 43, Section 70000, et al.
    2. Part 32, Section 59000, et al.