Cal. Code Regs. Tit. 2, § 265.1 - Counting Time for Temporary Appointments

(a) A temporary appointment to a classification shall only be made when there is no employment list for the classification. In no instance shall temporary appointments or counting time as specified herein be used by an appointing power to avoid or delay the use of an employment list.

(b) Except as provided in subdivision (d), the 9-month in 12-consecutive months working limit on temporary appointments, as set forth in Article VII, section 5, of the California Constitution, shall be counted on a daily basis with every 21 days worked counting as one month or 189 days equaling 9 months. When counting 189 days, every day worked, including partial days worked and paid absences, is counted. The hours worked in one day is not limited by this rule. The 12-consecutive month timeframe begins by counting the first pay period worked as the first month of the 12-consecutive month timeframe. The employee shall serve no longer than 189 days in a 12 consecutive month period. A new 189-days working limit in a 12-consecutive month timeframe may begin in the month immediately following the month that marks the end of the previous 12-consecutive month timeframe or any subsequent month.

(c) The 189-days working limit set forth in subdivision (b) shall be calculated per-employee, not per-agency.

(d) For student, youth, and seasonal classifications, a maximum work-time limit of 1500 hours within 12 consecutive months may be used rather than the 189-day calculation set forth in subdivision (b).

(e) Persons hired as a retired annuitant into a temporary position are subject to applicable retirement law requirements, including any wait-period restrictions and the working restriction of 960 hours per fiscal year.

(f) The appointing power shall monitor and control the days worked to ensure that the limitations set forth in this section are not exceeded.

(g) An appointing power shall periodically review temporary appointments to ascertain the appropriateness of continuing to retain a temporary employee over a long period of time. In accordance with section 26 of the Board's regulations, the appointing power shall maintain written records of its periodic reviews and written records of the days, months, and hours worked by temporary employees.

Notes

Cal. Code Regs. Tit. 2, § 265.1

1. New section filed 4-27-2017; operative 7-1-2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17).

Note: Authority cited: Section 18701, Government Code. Reference: Section 5 of Article VII, California Constitution; and Section 19050, Government Code.

1. New section filed 4-27-2017; operative 7/1/2017. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2017, No. 17).