BILL NUMBER: AB 747	CHAPTERED  10/05/05

	CHAPTER  528
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2005
	APPROVED BY GOVERNOR  OCTOBER 5, 2005
	PASSED THE ASSEMBLY  AUGUST 29, 2005
	PASSED THE SENATE  AUGUST 22, 2005
	AMENDED IN SENATE  JULY 14, 2005

INTRODUCED BY   Assembly Member Blakeslee

                        FEBRUARY 17, 2005

   An act to add Section 19991.13 to the Government Code, relating to
public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 747, Blakeslee  State excluded employees: catastrophic leave.
   Existing law authorizes the Director of the Department of
Personnel Administration to formulate and adopt rules and regulations
affecting the purposes, responsibilities, and jurisdiction of the
department and that are consistent with the law and necessary for
personnel administration. Pursuant to these regulations, excluded
employees are permitted to transfer annual leave, vacation,
compensating time off, and holiday leave credits to an excluded
employee or represented employee who has exhausted all of his or her
paid time off when a catastrophic illness or injury occurs to the
recipient employee or a member of his or her family.
   This bill would codify this regulation and in addition, would
permit an excluded employee, for catastrophic leave purposes, to be
the recipient of annual leave, vacation, compensating time off, and
holiday leave credits donated by a represented employee.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 19991.13 is added to the Government Code, to
read:
   19991.13.  (a) At the discretion of the appointing power, excluded
employees as defined in subdivision (b) of Section 3527, may
transfer eligible leave credits to an excluded employee when a
catastrophic illness or injury occurs.
   (b) For the purposes of this section, the following terms are
defined as follows:
   (1) Catastrophic illness or injury means an illness or injury that
is expected to incapacitate the employee and that creates a
financial hardship because the employee has exhausted all of his or
her sick leave and other paid time off. Catastrophic illness or
injury may also include an incapacitated family member if this
results in the employee being required to take time off from work for
an extended period of time to care for the family member and the
employee has exhausted all of his or her sick leave and other paid
time off.
   (2) Eligible leave credits include annual leave, vacation,
compensating time off (CTO), and holiday leave credits, but do not
include sick leave.
   (c) Eligible leave credits may be donated for a catastrophic
illness or injury if all of the following requirements are met:
   (1) Upon the request of an employee.
   (2) Upon determination by the department director that the
employee in the department is unable to work due to the employee's or
family member's catastrophic illness or injury.
   (3) The employee has exhausted all paid leave credit.
   (d) If catastrophic leave is approved by the department's director
or his or her designee, any excluded employee, upon written notice,
may donate eligible leave credits with a minimum donation of one
hour. Donations thereafter must be in whole hour increments.
Donations will be reflected as an hour-for-hour deduction from the
leave balance of the donating employee. When transferring eligible
leave credits, the state agency should ensure that only credits that
may be needed are transferred. An excluded employee may donate
eligible leave credits to a represented employee and may be the
recipient of eligible leave credits donated by a represented
employee.
   (e) In order to receive donated leave credits, an excluded
employee must provide appropriate verification of illness or injury
as determined by the state agency. An excluded employee eligible for
this program shall have any time that is donated credited to his or
her account in one-hour increments. Donated credits shall be
reflected as an hour-for-hour addition to the vacation or annual
leave balance of the receiving employee. Use of donated credits may
not exceed a maximum of 12 continuous months for any one catastrophic
illness. The total amount of leave credits donated may not exceed an
amount sufficient to ensure the continuance of regular compensation.
All transfers of leave credits are irrevocable. An excluded employee
who receives time through this program shall use any leave credits
he or she continues to accrue on a monthly basis prior to receiving
time from this program.