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(continued)
(d) Ten-month Employees paid under a 10-12 Pay Plan. A ten-month employee paid under a 10-12 pay plan, who completes all service required for the designated ten-month period, shall for such service be paid his or her regular annual salary, adjusted for changes in salary rates and time base for the periods covered by such adjustments, in twelve consecutive installments payable on state pay days. The first installment shall be paid on the first state pay day following the effective date of the appointment. If the employee serves at any one campus in the same class or class series in excess of ten months out of the twelve months covered by the employee's assignment, payment for such excess service shall be at the monthly rate of one-tenth of the annual salary or the fractional equivalent thereof, in case of part-time service, adjusted for changes in salary rate and time base for the periods covered by such adjustments. Credit for vacation with pay accumulated during the ten-month period which the employee was unable to take because of assigned duties, may, at the discretion of the President, be paid at the monthly rate of one tenth of his or her regular annual salary adjusted for changes in salary rates. Pay for excess service and vacation shall be in addition to any salary due for service during the regular ten-month period, but the total pay for excess service and for accumulated vacation shall not exceed an amount equal to two-tenths of his or her regular salary.
(e) Eleven-month Employees paid under an 11-12 Pay Plan. An eleven-month employee paid under an 11-12 pay plan, who completes all service required for the designated eleven-month period, shall for such service be paid his or her regular annual salary, adjusted for charges in salary rates and time base for the periods covered by such adjustments, in twelve consecutive installments payable on state pay days. The first installment shall be paid on the first state pay day following the effective date of the appointment. If the employee serves at any one campus in the same class or class series in excess of eleven months out of the twelve covered by the employee's assignment, payment for such excess service shall be at the monthly rate of one-eleventh of the annual salary or the fractional equivalent thereof, in case of part-time service, adjusted for changes in salary rate and time base for the periods covered by such adjustments. Credit for vacation with pay accumulated during the eleven-month period which the employee was unable to take because of assigned duties, may, at the discretion of the president, be paid at the monthly rate of one-eleventh of his or her regular annual salary adjusted for changes in salary rates. Pay for excess service and vacation shall be in addition to any salary due for service during the regular eleven-month period, but the total pay for excess service and for accumulated vacation shall not exceed an amount equal to one-eleventh of his or her regular salary.
(f) Twelve-month Academic Employees and Other Employees. The pay plan for twelve-month academic employees and all employees other than those provided for in the foregoing provisions of this section shall be as follows:
(1) Payment shall be made on the scheduled pay day for the service performed during the previous pay period, and
(2) Payment shall be based on the employee's established monthly salary, per diem or hourly salary rate, adjusted for any changes in salary rates and time base for the periods covered by such adjustments.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42804. Interim Reduction in Pay Due to Noncompensable Absence.
(a) Academic Year Employee. If an academic year employee has any non-compensable absence, there shall be an interim reduction in pay at the end of the pay period in which the noncompensable absence occurred. This reduction shall be at the rate of one two-hundred-tenth of the employee's annual salary in effect during the pay period for each work day the employee was in a non-pay status. If such computation in any one pay period would result in zero or minus pay, the employee, shall be paid at the rate of one two-hundred-tenth of the annual salary for each day actually worked during that pay period.
(b) Ten-month Employees (including librarians electing to be employed on a ten-month basis pursuant to Article 2.7 of this Subchapter). If a ten-month employee has any noncompensable absence, there shall be an interim reduction in monthly pay at the end of the pay period in which the noncompensable absence occurred. This reduction shall be at the rate of one twenty-first in the case of a twenty-one day pay period and one twenty-second in the case of a twenty-two day pay period for each work day the employee was in a non-pay status.
(c) Ten-month Employees Paid Under a 10-12 Pay Plan. If a ten-month employee paid under a 10-12 pay plan has had a noncompensable absence, there shall be an interim reduction in pay at the end of the pay period in which the noncompensable absence occurred. That reduction shall be calculated as prescribed in subdivision (b) of this section.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42805. Settlement Payments.
(a) When and to whom paid. Any academic year employee and any ten-month employee paid under a 10-12 pay plan shall receive a settlement payment in the following events:
(1) If there has been an interim reduction in pay pursuant to Section 42804 due to a noncompensable absence, a settlement payment shall be required at the completion of the period of service, or upon termination of the assignment for any reason, whichever event occurs earlier.
(2) If the employee serves less than the complete period of service covered by the assignment, a settlement payment shall be required upon termination of the assignment for any reason.
(3) If the total time required for completion of the period of service is changed, a settlement payment shall be required upon completion of the period of service.
(4) If the employee is transferred to service in a position falling under a different period of service or pay plan, a settlement payment shall be required upon termination of service in the previous position.
(5) The settlement payment shall be made to the employee on the state pay day immediately following the date described in the foregoing subsections when the settlement payment is required.
(b) Academic Year Employee. When required, the amount of a settlement payment which shall be paid to an academic year employee shall be equal to the difference between the total salary earned and the total amount previously paid to the employee for the period of service.
Full pay shall be allowed for each semester or quarter for which all required service has been completed.
For each semester or quarter for which the employee served less than the complete period of service, the settlement payment shall be computed by determining the amount that bears the same ratio to one-half (for a semester) or one-third (for a quarter) of the employee's total annual salary, adjusted for any changes in salary rate and time base for the periods covered by such adjustments, as the total number of workdays served by the employee bears to the total number of workdays in the semester or quarter. The same computation shall be used if he total employment time required of an employee in an academic year position or positions is changed.
(c) Ten-Month Employee. When required, the amount of a settlement payment which shall be paid to a ten-month employee shall be equal to the difference between the total salary earned and the salary previously paid to the employee for the period of service. The total salary earned is that amount which bears the same ratio to his or her regular annual salary for the position, adjusted for any changes in salary rate and time base for the periods covered by such adjustments, as the number of workdays served bears to the total number of workdays in the ten-month period. The same computation shall be used if the total employment time required of an employee in a ten-month position or positions is changed.
(d) Ten-Month Employees Paid Under a 10-12 Pay Plan. When required, the amount of a settlement payment which shall be paid to ten-month employees serving in ten-month assignments under a 10-12 pay plan shall be computed in the same manner as prescribed in subdivision (c) of this section.
(e) Report to Controller. The final settlement payment shall be computed by the campus and notification of the amount due furnished to the Controller.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42805.5. Effective Date.
s 42806. Certification by Employee.
(a) Notwithstanding any provision in this Chapter 1 to the contrary, whenever in the judgment of a campus president, it is necessary to do so in order to obtain accurate information for attendance and payroll reporting purposes, such president may require all employees in any attendance reporting unit the president may designate to certify the amount of time worked, including, in the case of academic employees, all class assignments which were met and conducted, and all class assignments which were not met and conducted, during each pay period. Except as otherwise provided in this section, this certification shall be a condition to payment for the particular pay period in the case of all employees in any attendance reporting unit so designated.
(b) The certification required by this section shall be in such form and detail as the president shall prescribe.
(c) The section shall not apply to vacation or settlement payments, or to payments on leaves of absence with pay pursuant to Article 5 (commencing with Section 43000) of this Subchapter 7, or to payments on special leaves for research or creativity pursuant to Article 5.1 (commencing with Section 43050), of this Subchapter 7.
(d) The president may authorize exceptions to the requirements of this section in individual cases where owing to assignments out of California, illness or similar reasons, an undue hardship would otherwise result.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42850. Purpose.
It is the purpose of the Board of Trustees in adopting this Article, to implement the authority of the Board to afford employees of the California State University an opportunity to participate in a retirement benefit program which satisfies the provisions of the United States Internal Revenue Code, Section 403(b) as amended. Generally, participation in this program will involve a reduction in the salary of each participating employee in an agreed amount. The amount reduced will be applied as a contribution to a qualified 403(b) plan on behalf of such employee.
The Board of Trustees does not necessarily recommend that any individual employee participate in the retirement benefit program authorized by this Article. Rather, the Board is of the view that the decision on whether or not to participate is personal to each employee, who must personally consider and determine the relative merits of the retirement benefit program and its alternatives. The Board is not responsible for and does not warrant any particular tax consequence to employees who elect to participate.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 8950, Education Code.
s 42851. Qualified 403(b) Plan Contracts.
Qualified 403(b) plan contributions purchased on behalf of employees of the California State University pursuant to this Article shall satisfy the provisions of Internal Revenue Code Section 403(b) as well as California Revenue and Taxation Code Section 17512. The accuracy of all computations, including but not limited to the amount of exclusion allowance, includable compensation, and years of service pursuant to the cited codes shall be the responsibility of the individual employee, or, should the insurance, annuity, or pension plan company undertake such commitment, of the company which provides the qualified 403(b) plan, or both the employee and the company. Such computations shall not be the responsibility of the State of California, the Board of Trustees, nor of any officer or employee of the California State University assigned any duties in connection with the administration of this Article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code.
s 42852. Eligible Participation.
Any full-time employee, or part-time employee who otherwise qualifies under federal and state tax law and who is participating in the worktime reduction program authorized by Articles 6.3 or 6.4, of the California State University is eligible to participate in the retirement benefit program authorized by this Article, so long as that employee continues to serve on a full-time basis or, for employees in the worktime reduction program, on a part-time basis under that program. Salary earned for special session and extension appointments on less than an annual basis shall not be subject to salary reduction.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code.
s 42853. Administration and Implementation.
In order to carry out the provisions and policy of this Article, the Chancellor or designee is authorized in the name of the Board of Trustees to:
(a) Enter into agreements with any employee of the California State University, subject to Section 42852, for the reduction of the employee's salary and for application of the funds realized by such reduction as contributions to a qualified 403(b) plan on behalf of the employee. The agreements shall contain such other provisions as the Chancellor deems necessary or appropriate in order to carry out the purposes of this Article.
(b) Reduce the salary of any employee with whom an agreement is entered pursuant to this Section, in the amount provided in the agreement with the employee.
(c) Contribute an amount equal to the reduction in salary to a qualified 403(b) plan on behalf of any employee with whom an agreement is entered pursuant to this Section, from such qualified 403(b) plan provider as the employee shall select from among those designated for the purpose by the Chancellor or designee. The qualified 403(b) plan contract shall be nontransferable and nonforfeitable, except for failure to pay future premiums.
(d) Do all other acts deemed by the Chancellor or designee to be necessary or appropriate in order to carry out the purposes of this Article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code.
s 42854. Qualified 403(b) Plan.
As used in this Article, "qualified 403(b) plan" means investment programs, including annuities and custodial accounts, which qualify for the benefits provided in United States Internal Revenue Code Section 403(b), and California Revenue and Taxation Code Sections 17502.5 and 17512 as they may be from time to time amended, and regulations issued thereunder.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89505, Education Code.
s 42900. Classification of Employees for Vacation Purposes.
For vacation purposes, each employee of the California State University is classified the same as for pay plan purposes.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42901. Academic Year Employee.
(a) Each academic year employee is entitled to earned vacation on days falling between the end of his or her academic year and the beginning of his or her next academic year and on days designated in the local campus calendar as campus academic holidays during his or her academic year, except that the number of campus academic holidays scheduled and observed on regular state workdays which is equal to the number of state holidays on which an academic year employee is required to work is compensating time off for time worked on state holidays.
(b) A continuing full-time academic year employee after at least one academic year of full-time service at a campus on quarter system year-round operations may, pursuant to Section 42752, be permitted to take a vacation quarter during the first, second or third quarter of his or her academic year in lieu of vacation between the end of that academic year and the beginning of the next academic year. An academic year employee taking vacation in advance of the completion of his or her academic year shall be obligated to complete his or her academic year of service during the four quarter period or, upon approval of the president, during the next succeeding four quarter period; provided, however, that this obligation shall be further deferred for any period during which the employee is a "person in military service" as that phrase is defined in the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, of the United States (50 App. U.S.C. Section 501, et seq. ). This obligation shall be exonerated by the employee's death or disability.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42902. Vacation Credit.
(a) Credit for Full-time Employment. On the first day of the monthly pay period following completion of each qualifying monthly pay period of full-time service, a ten-month or twelve-month academic employee, executive employee, employee serving in an academic-administrative assignment, an employee serving in a class determined by the Chancellor to be equivalent to these classes after appropriate occupational studies and consultation, an employee designated by the Chancellor as confidential under the Higher Education Employer-Employee Relations Act, or a Management Personnel Plan employee shall receive two workdays of credit for vacation with pay.
(b) Credit for Less Than Full-time Employment.
(1) Part-time Employee. On the first day of the monthly pay period following completion of each qualifying monthly pay period of service, an employee as to whom this section applies shall receive the fractional part of two workdays of credit for vacation with pay equal to the fraction his or her service is to full-time service, except that fractions of credit hours which do not equal one-third hour shall be adjusted to the next higher one-third hour.
(2) Hourly Employee. On the first day of the monthly pay period following completion of each 160 hours of paid employment, an employee as to whom this section applies who renders service on an hourly basis shall receive two workdays of credit for vacation with pay.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42903. Employee Not Eligible for Vacation.
A person employed in a class determined by the Chancellor to be temporary in nature or in a class restricted to students of the California State University shall not receive credit for vacation with pay for such service.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42904. Other Employees.
(a) Credit for Full-Time Employment. An employee as to whom this article does not otherwise provide shall receive credit for vacation with pay according to the following schedule:
Vacation Allowance
Per Qualifying
Length of Qualifying Service .......... Pay Period Yearly Equivalent
First 36 mos. (3 yrs.)................. 5/6day 2 weeks
37 mos. thru 72 mos. (6 yrs.).......... 1-1/4 days 3 weeks
73 mos. thru 120 mos. (10 yrs.)........ 1-5/12 days 3 weeks and 2 days
121 mos. thru 180 mos. (15 yrs.)....... 1-7/12 days 3 weeks and 4 days
181 mos. thru 240 mos. (20 yrs.)....... 1-3/4 days 4 weeks and 1 day
241 mos. thru 300 mos. (25 yrs.)....... 1-11/12 days 4 weeks and 3 days
301 mos. and over...................... 2 days 4 weeks and 4 days
(b) Credit for Less Than Full-time Employment. Part-time Employees One-Half Time or More. On the first day of the monthly pay period following completion of each qualifying monthly pay period of service, an employee rendering part-time service at one-half time or more shall receive as credit for vacation with pay the fractional part of the vacation allowance specified in the schedule in subsection (a) of this section equal to the fraction his or her service is to full-time service except that fractions of credit hours which do not equal one-third of an hour shall be adjusted to the next higher one-third hour.
Part-time Employees Less Than One Half Time. On the first day of the monthly pay period following completion of one qualifying monthly pay period of service, an employee rendering part-time service at less than one-half time shall receive as credit for vacation with pay the fractional part of the vacation allowance specified in the schedule in subsection (a) of this section equal to the fraction his or her service is to full-time service except that fractions of credit hours which do not equal one third of an hour shall be adjusted to the next higher one-third hour. Thereafter, on the first day of the monthly pay period following accumulated qualifying service equal to one complete monthly pay period of full-time service, the employee shall receive credit for vacation with pay as specified in the schedule in subsection (a) of this section.
Hourly Employees. On the first day of the monthly pay period following completion of each 160 hours of qualifying service, a person employed on an hourly basis shall receive credit for vacation with pay for one complete monthly pay period as specified in the schedule in subsection (a) of this section.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42905. Computation of State Service.
State service for the purpose of determining which vacation accumulation rate in the schedule in subsection (a) of Section 42904 to use shall include all qualifying monthly pay periods of service. Part-time qualifying service at the rate of one-half time or more shall be counted as full-time service. Part-time qualifying service at a rate of less than one-half time shall be accumulated until it is equal to one month of full-time service (e.g., 4 months of one-fourth time service equal one qualifying monthly pay period) at which time it shall be credited to the employee.
For purposes of the schedule in subsection (a) of Section 42904, 160 hours of service of an hourly employee equals one qualifying monthly pay period. However, hours worked in a monthly pay period in excess of 160 shall be carried forward to the next accumulation. Not more than 160 hours may be credited in any one pay period.
When a person employed half-time or more changes time base to less than one-half time or is changed to an hourly rate employee, or when a person employed less than half-time or on an hourly basis changes time base to half time or more, he or she shall retain qualifying service credit already received and shall continue accumulating qualifying service credit applicable to the new time base. Any time worked by a person employed less than half-time or on an hourly basis which does not equal a month of full-time service, upon a change in time base or return to service following a break in service, shall not be credited to the employee.
When any employee changes from less than one-half time to hourly (or vice versa), the service under each time base shall be accumulated until it equals one month of full-time service.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42906. Multiple Positions.
(a) An employee holding a position in addition to other full-time employment with the state shall not receive credit for vacation with pay for service in the additional position.
(b) When an employee holds two or more less than full-time positions, the time worked in each position shall be combined for purposes of computing credits for vacation with pay but such credits shall not exceed full-time employment credit.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42907. Change in Appointment or Assignment.
Any employee having accumulated credit for vacation with pay who is appointed, or assigned or transferred to a position or assignment which does not accumulate credit for vacation with pay shall receive from the accumulating campus a lump sum payment for any accumulated credit for vacation and overtime hours.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42908. Transfer of Vacation.
When an employee leaves the employment of one campus or the Chancellor's Office and enters the employment of another campus or the Chancellor's Office, any accumulated vacation credit not paid at the place of prior employment shall be credited to the employee at the new place of employment.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42909. Accumulation and Carry-Over.
(a) An employee may accumulate credit for vacation with pay for which vacation is not taken during the calendar year. On January 1st of any calendar year, an employee covered by Section 42902 shall not have a credit for vacation with pay of more than 384 hours; an employee covered by Section 42904 shall not have a credit of more than 272 working hours for 10 or less years of qualifying service or 384 working hours for more than 10 years of such service; a Management Personnel Plan employee shall not have a credit of more than 384 working hours for 10 or less years of qualifying service or 440 working hours for more than 10 years of such service; and a campus President, General Counsel, Vice Chancellor, or Chancellor shall not have a credit of more than 480 hours.
(b) Notwithstanding subsection (a) to the contrary, the president of a campus at which an employee is employed, or the Chancellor in the case of all other employees, may permit an employee to carry over more vacation credits than the prescribed maximum when the employee was prevented from taking enough vacation to reduce the credits because the employee (1) was required to work as a result of fire, flood or other similar emergency, (2) was prevented from taking vacation by work the president or the Chancellor, as the case may be, has determined to be of a priority or critical nature over an extended period of time, (3) was absent on full salary for compensable injury, or (4) was prevented by campus rule from taking vacation until December and at that time was unable to take vacation because of illness requiring use of sick leave. This subsection (b) shall not apply to vacation carry over of a campus President, General Counsel, Vice Chancellor, and Chancellor.
When verification of past state service requires it, an employee's accumulated credit for vacation with pay shall be adjusted. In such case, any additional credit which exceeds the maximum carry-over limitation shall be used within one year following the qualifying monthly pay period in which credited.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42910. Vacation.
The President of the campus in which an employee is employed, or the Chancellor in the case of all other employees, shall determine when the employee shall take vacation which has been acquired in the current year and vacation which has been carried over from prior years. The determination made by the President or Chancellor shall be made after consultation with the employee. The President or Chancellor shall seek to accommodate the employee's needs to the needs of the employment. Vacation, regardless of when it was accumulated, shall be taken as directed by the President or Chancellor. In the event the appointing power does not, during the calendar year, schedule vacation for an employee sufficient to reduce credit for vacation accumulated with pay as of the following January 1 to the amount permitted by Section 42907, the employee may take, as a matter of right, immediately preceding the following January 1 the number of days of accumulated vacation required to reduce such accumulation to the amount permitted by that section.
Notwithstanding the authority of the President or Chancellor to determine when vacation shall be taken, an employee who is in the final year of employment prior to service retirement under the Public Employees' Retirement System or the State Teachers' Retirement System may elect not to take vacation carried over from prior years and instead, receive a lump sum payment as of the date of separation, subject to the requirements of Section 42912.
As used in this section, "President" or "Chancellor" shall include duly authorized designees of the President or Chancellor, respectively.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42911. Records.
The appointing power shall keep, for each employee, a record of vacation credit accumulated and taken.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42912. Payment upon Separation.
Upon separation from service without cause an employee shall be paid for accumulated vacation credit without regard to the current carry-over limitation. Accumulation of vacation credit by such an employee shall continue through the last working day for which the employee is entitled to pay or through the date to which lump-sum payment is projected as required in Section 18005 of the Government Code. If this date is such that the employee has sufficient paid working days to qualify a further monthly pay period, vacation with pay shall be given for that monthly pay period.
An employee dismissed from service for cause shall accumulate vacation credit only through the date of separation. If this date is such that the employee has sufficient paid working days to qualify the monthly pay period, vacation with pay shall be given for that monthly pay period.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42913. Effective Date.
s 42920. Holidays.
The Chancellor for the systemwide staff and the President for each campus shall be responsible for the administration of paid holidays for the employees under their supervision.
(a) The following holidays, when not occurring on a Saturday or Sunday, shall be observed on the days specified:
(1) January 1
(2) Third Monday in January (Martin Luther King, Jr. Day)
(3) March 31 (Cesar Chavez Day)
(4) July 4
(5) First Monday in September (Labor Day)
(6) November 11 (Veterans Day)
(7) Thanksgiving Day
(8) December 25
(9) Any other day designated by the Governor of this state for a public fast or holiday.
(b) The following days are designated holidays which the Chancellor or President may reschedule to another day consistent with the needs of the campus or systemwide offices:
(1) Third Monday in February (President's Day)
(2) February 12 (Lincoln's Birthday)
(3) Last Monday in May (Memorial Day)
(4) September 9 (Admission Day)
(5) Second Monday in October (Columbus Day)
(6) Personal holiday, to be designated by each employee. The employee may be required to supply reasonable advance notice of intent to take the personal holiday.
(c) Any holiday which falls on a Saturday shall be observed on the preceding Friday and any holiday which falls on a Sunday shall be observed on the following Monday.
(d) On days when the campuses or systemwide office are observing holidays, particular employees may be required to work to perform necessary services.
Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42930. Purpose.
An employee who accrues vacation or sick leave credits may voluntarily donate either of those credits to another employee on the same campus, or for employees in the Office of the Chancellor, to another employee in the Office of the Chancellor. To qualify, the recipient employee shall have exhausted all accrued leave credits due to catastrophic illness or injury that has totally incapacitated the employee from work. "Accrued leave credits" include credits for sick leave, vacation, and compensating time off.
Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42931. Definition of Catastrophic Illness or Injury.
A catastrophic illness or injury is one which has totally incapacitated the employee from work. Catastrophic illness or injury may also include an incapacitated member of the employee's family, if this results in the employee's being required to take time off for an extended period of time in order to care for the family member and the employee has exhausted all of accrued vacation credits and all accrued sick leave credits which may be used for family care. Only donated vacation credits may be used for such family care catastrophic leave.
Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42932. Participation and Eligibility.
An employee, the employee's representative or the employee's family member shall request participation and provide appropriate verification of illness or injury as determined by the employee's appointing authority. The appointing authority shall determine eligibility to receive donations of vacation and sick leave credits. An incapacitated employee may elect to defer a request to participate during a period of Industrial Disability Leave eligibility.
Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
s 42933. Donation.
(a) Only vacation and sick leave credits may be donated. Employees may donate a maximum of forty (40) hours of leave credits per fiscal year in increments of one hour or more. Donations are irrevocable. Donated leave credits may be used to supplement Industrial Disability leave, Nonindustrial Disability Insurance or Temporary Disability payments upon the application for these benefit(s) by an eligible employee. The total amount of leave credits donated and used may not exceed an amount sufficient to ensure the continuance of the employee's regular monthly rate of compensation.
(b) The total donated leave credits shall normally not exceed an amount necessary to continue the employee for three calendar months calculated from the first day of catastrophic leave. The appointing authority may approve an additional three-month period in exceptional cases. The leave shall not be deemed donated until actually transferred by the appointing authority's recordkeeper to the record of the employee receiving leave credits. Such transfer shall be accomplished at hte end of a pay period, and credits shall be transferred in the order of the dates actually pledged.
(c) For employees whose appointments have not been renewed, donated time may not be used beyond the emoployee's appointment expiration date in effect at the beginning of the disability.
(d) Unused donated leave crdits may not be used to receive service credit following a service or disability retirement.
Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43000. Grants, Purpose and Terms.
The Chancellor may grant academic or executive employees or employees serving in an academic-administrative assignment at any campus a leave of absence with pay for not to exceed one year for the purpose of permitting study or travel by the employee which will benefit the California State University. The Trustees on recommendation of the Chancellor may grant leaves of absence with pay not to exceed one year to executive employees and those serving in academic-administrative assignments in the Office of the Chancellor.
To be eligible for a leave of absence with pay, an applicant must hold a full-time position and have served therein full-time as an academic employee, executive employee, or an employee in an academic-administrative assignment, or any combination thereof, for six consecutive academic years. The length of leaves of absence with pay and the compensation to be paid during such leaves, shall be as provided in this Section.
(a) Eligible Employees at Campuses on Quarter Calendars, including academic year employees, 10-month academic employees, and 12-month academic employees:
(1) One quarter leave at full pay.
(2) Two quarters leave at three-fourths of full pay.
(3) Three quarters leave at one-half of full pay.
(b) Eligible Employees at Campuses on Semester Calendars, including academic year employees, 10-month academic employees and 12-month academic employees:
(1) One semester leave at full pay.
(2) Two semesters leave at one-half of full pay.
(c) Difference in Pay Leaves. Academic employees who have completed at least six consecutive academic years of service may be granted a leave of absence for one or more quarters or semesters not exceeding one year, with compensation equal to the difference in salary between that received by the person on leave and minimum salary of the instructor rank.
(d) These regulations shall remain in effect until adequate funding is approved by the Legislature to provide the sabbatical leaves set forth in the following provisions. When adequate funding is received, the above regulations will cease to exist and the following regulations shall become effective:
The Chancellor may grant academic or executive employees or employees serving in an academic-administrative assignment at any campus a leave of absence with pay for not to exceed one year for the purpose of permitting study or travel by the employee which will benefit the California State University. The Trustees on recommendation of the Chancellor may grant leaves of absence with pay not to exceed one year to executive employees and those serving in academic-administrative assignments in the Office of the Chancellor.
"To be eligible for a leave of absence with pay, an applicant must hold a full-time position and have served therein full-time as an academic employee, executive employee, or an employee in an academic-administrative assignment, or any combination thereof, for the time required in this Section.
"(a) Eligible Employees at Campuses on Quarter Calendars.
"(1) For academic year employees and 10-month academic employees:
"(A) One quarter leave at two-thirds of full pay after completion of two consecutive academic years.
"(B) One quarter leave at full pay after completion of three consecutive academic years.
"(C) Two quarters leave at two-thirds of full pay after completion of four consecutive academic years.
"(D) Two quarters leave at full pay after completion of six consecutive academic years.
"(E) Three quarters leave at two-thirds of full pay after completion of six consecutive academic years.
"(2) For 12-month employees:
"(A) One quarter leave at two thirds of full pay after completion of two consecutive years.
"(B) One quarter leave at full pay after completion of three consecutive years.
"(C) Two quarters leave at two-thirds of full pay after completion of four consecutive years.
"(D) Two quarters leave at full pay after completion of six consecutive years.
"(E) Three quarters leave at two-thirds of full pay after completion of six consecutive years.
"(b) Eligible Employees at Campuses on Semester Calendars.
"(1) For academic year employees and 10-month academic employees:
"(A) One semester leave at two-thirds of full pay after completion of three consecutive academic years.
"(B) One semester leave at full pay after completion of six consecutive academic years.
"(C) Two semesters leave at two-thirds of full pay after completion of six consecutive academic years.
"(2) For 12-month employees:
"(A) One semester leave at two-thirds of full pay after completion of three consecutive years.
"(B) One semester leave at full pay after completion of six consecutive years.
"(C) Two semesters leave at two-thirds of full pay after completion of six consecutive years.
"(c) Leaves in Residence. An academic employee otherwise eligible for a leave at two-thirds of full pay, pursuant to this Section, may be awarded in lieu thereof, a leave of absence in residence in the California State University, at full pay, provided:
"(1) The purpose of such leave is to engage in research, writing, or similar activity; and
"(2) The recipient teaches one course of at least 3 units during each semester or quarter of his or her leave. A recipient of a leave pursuant to this subdivision (c) shall have no other teaching, committee, or administrative duties during the period of the leave.
"(d) Difference in Pay Leaves. Academic employees who have completed at least 6 consecutive academic years of service may be granted a leave of absence for one or more quarters or semesters not exceeding one year, with compensation equal to the difference in salary between that received by the person on leave and minimum salary of the instructor rank."
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43001. Eligibility and Effect.
(a) A full or part-time leave of absence without pay shall not constitute a break in service in qualifying for sabbatical leave.
(b) One year or less of a leave of absence without pay taken for the purpose of teaching, research, study, or an assignment determined by the campus president or the Chancellor to be of a nature valuable to the California State University may, at the discretion of the president, after consultation with the faculty, be counted towards eligibility for sabbatical leave. A notation of the basis of the decision shall be made in the employee's official personnel record.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43002. Requisite Position and Assignment.
s 43003. Number.
(a) The president of each campus is responsible for assuring and certifying to the Chancellor that the number of leaves granted in any one quarter, semester, or year, is not so great in any department, division, or school, or at the campus as a whole as to disrupt the continued and regular course offerings or to affect the quality level of education offered to the students.
(b) The granting of leaves of absence as provided in this article shall not exceed existing appropriations available for such leaves.
NOTE: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43004. Application.
(a) An application for a leave of absence shall be executed by the applicant on a form prescribed by the Chancellor and submitted to the president of the campus accompanied by the action of the appropriate faculty committee. The application shall include or be accompanied by the details of the applicant's plan of study, research, or travel and service together with a statement of the benefits which would accrue to the campus and students thereof from the proposed study, research, or the travel and service.
(b) If the president approves the application, the president shall, within such time as the Chancellor shall prescribe, submit the application to the Chancellor together with appropriate justification.
(c) The Chancellor shall grant a leave of absence for the purpose of pursuing research, other study or travel only if the Chancellor is satisfied that the applicant is eligible for the leave and will during the leave of absence engage in study or travel of a kind and in an amount which will so improve and update the applicant's capabilities that during future employment of the applicant at the campus such experience will substantially enhance the applicant's value to the California State University and to the students thereof.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43005. Bond, Compensation and Further Leaves.
(a) Final approval of an application for a leave of absence to engage in study or travel during or for which the applicant is to receive compensation as provided hereinbefore shall not be granted until the applicant has filed with the Chancellor a suitable bond indemnifying the State of California against loss in the event the employee fails to render service in the California State University following the return of the employee from the leave of absence at the rate of one term of service for each term of leave. The bond shall be in the amount of the total salary computed to become due to the applicant during the applicant's leave of absence, except that in the case of an academic employee on sabbatical leave in residence, pursuant to Section 43000, subdivision (d), in which event the bond shall be in the amount of 4/5 of his or her total salary computed to become due to the applicant during such leave of absence. The bond shall be exonerated if the failure of the employee to return and render the requisite service in the California State University following the employee's leave of absence is not due to the fault of the employee. The obligation to file a bond may be waived by the Chancellor if the Chancellor finds that the interests of the State will be protected by the written agreement of the employee to return to the service of the California State University and render the requisite service therein following the employee's return from the leave of absence. Such agreement shall be accompanied by a statement of assets showing, to the satisfaction of the Chancellor, the employee's capacity to indemnify the State of California against loss in the event that the employee fails, through fault of the employee, to fulfill the agreement.
(b) Compensation granted an employee on leave of absence under this article shall be paid during the leave of absence in the same manner as if the employee were not on leave of absence. The bond shall be exonerated if the failure of the employee to return and render the requisite service is not due to the fault of the employee.
(c) The Chancellor may, upon recommendation of the President, grant to an employee on leave of absence with pay under this article one leave of absence without pay, which shall not exceed one year, and which shall commence at any time following the completion of leave of absence with pay. In addition, the Chancellor may, upon recommendation of the President, grant to such employee a second leave of absence without pay which shall not exceed one year. Time spent on any leave of absence without pay granted pursuant to this subsection shall not be credited toward the service required by this section following a leave of absence with pay.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43006. Reinstatement.
Unless the employee agrees otherwise, at the expiration of a leave of absence granted pursuant to this Article, the employee shall be reinstated in the position held by the employee at the time of the granting of the leave of absence.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43007. Retirement and Continuity of Service.
The time during which an employee is on leave of absence with pay pursuant to this Article shall be credited toward retirement in accordance with Education Code Section 89514, and toward any merit salary increases the employee would have received had he not taken the leave of absence. The period of any leave of absence granted under this article shall not be construed as a break in the continuity of service required toward retirement, or toward any salary adjustment.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89514, Education Code.
s 43008. Replacements.
For each academic employee granted a leave of absence pursuant to Section 43000 there shall be employed a full-time replacement or the equivalent part-time replacements unless the workload is such that the duties of the position vacated can be absorbed wholly or in part by existing staff. Employment of a replacement may be as a lecturer or as a regular academic appointment. The nature of such appointment will be determined by the president in light of whether or not it appears that there will be a continuing need for the services of the individual serving as the replacement.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.s 43050. Grant and Purpose. (continued)