1202 - Intermittent Employees (Historical View)

** Effective: 11/22/2016 5:17:00 PM - 11/30/2016 8:17:07 AM **

Status: Active

Change Notes

Authority updated: Fixed link.

Category

Appointments

Audience List

Synopsis

This policy

Introduction

Intermittent employment is irregular or recurring hourly employment that is less than full time each year. It is used to provide a trained work force available on an “on-call” basis to supplement a department’s full-time staff in handling peak workloads.

Statement

Government Code section 18552 defines an intermittent position or appointment as a position or appointment in which the employee is to work periodically or for a fluctuating portion of the full-time work schedule.

An intermittent appointment is appropriate when the varying nature of the work schedule makes it impractical to use a full-time or part-time (fractional) appointment with a fixed number of working hours every pay period.

Intermittent employees are paid by the hour. There is no absolute guarantee of a total number of hours of work to be made available. The amount of work an individual intermittent employee may receive is contingent upon the availability of work. Intermittent appointments can be made to a permanent or temporary position.

Methods of Filling Intermittent Positions

Intermittent positions may be filled by a variety of methods based on operational needs of the department. Any of the following may be appropriate depending on the specific requirements of the position:

a. Permanent Intermittent eligible list;
b. Full-time eligible list (eligible remains on list);
c. Limited-term eligible list;
d. Reinstatement;
e. Training and Development assignment;
f. Temporary authorization (TAU) if there are no eligibles interested in intermittent work available on lists “a,” “b,” and “c” above.

TAU to Intermittent Positions

Temporary authorization (TAU) appointments are distinguished from other types of appointments as they can be made in the absence of an appropriate employment list.

If an employee is appointed to an intermittent time base position on a TAU basis, there are two controlling time limitations that must be considered. The first controlling factor is the constitutional limit of 9 months in any 12 consecutive months for temporary appointments that cannot be extended for any reason (Cal. Const., art VII, § 5). The nine month period may be computed on a calendar or actual time worked basis. When computing actual time worked, 194 days equals nine months.

The second controlling factor is a 1,500-hour limitation on the intermittent time base. Because all paid time (e.g., overtime) is included in the computation of the 1,500-hour limitation, there is a possibility that this limitation may be reached before the limitation of nine months. Intermittent employees may work periodically or for a fluctuating portion of the full-time work schedule.

1,500-Hour Limitation

Intermittent appointments are not to be used to fill full-time or part-time positions. Such use would constitute illegal circumvention of these eligible lists. To help ensure intermittent appointments are not made on a full-time basis, a maximum of 1,500 hours has been placed on the number of hours which an intermittent employee may work in 12 months.

An intermittent employee may work up to 1,500 hours in any calendar year. The number of hours and schedule of work shall be determined based upon the operational needs of each department. Hours worked by intermittent employees must be tracked carefully. Refer to the following to determine how hours worked by intermittent employees are impacted by employee movement.

Department

Classification

1,500 Hours

Same

Same

Continue 1,500 hours. When hours run out, employee must have a 3-month break.

Same

Different

New 1,500 Hours

Different

Same

New 1,500 Hours

Different

Different

New 1,500 Hours

Exceeding the 1,500-Hour Limitation

There are occasions when unexpected, temporary changes in workload require the use of an intermittent employee for more than 1,500 hours. It may be more cost effective to extend a trained employee’s maximum hours than to hire a new intermittent employee who will require training. It is impractical to set standards that would cover every conceivable reason for exceeding the 1,500-hour limit. The following are a few instances in which a “yes” answer would indicate an extension is inappropriate:

Delegated departments have the authority to approve extension of the 1,500-hour time limit subject to post-audit. Departments must keep adequate documentation for the reasons the limit was exceeded. This documentation must be kept on file and made available to the Department of Human Resources (CalHR) auditors on request. Delegation authority may be withdrawn if the Department violates the intent or spirit of valid exceptions to the 1,500-hour limit.

Overtime Pay

In accordance with Government Code section 19844.1, an intermittent employee can earn overtime if the hours worked in the work week exceed 40 hours. For the purpose of computing the number of hours worked, time when an employee is excused from work because of holidays, sick leave, vacation, annual leave, compensating time off, or any other leave shall not be considered as time worked by the employee for the purpose of computing cash or compensating time off for overtime.

Upon completion of every 160 hours of paid employment in a pay period, an intermittent employee qualifies to receive credit for state service, sick leave, vacation, special In-grade salary adjustment (SISA) and merit salary adjustment (MSA). Paid employment, for the purpose of accruing benefits, is the total of the actual hours worked and paid absences, plus the prorated hours for any holiday in the pay period. It does not include the premium portion of overtime when the time worked is in excess of the hours required for the work week.

Qualifying Pay Periods

Intermittent employees who are compensated for greater than or equal to 160 hours in one month or pay period shall be considered to have a completed one month of state service. Intermittent employees who are compensated for less than 160 hours carry over these hours to the next pay period and can accumulate between multiple pay periods to reach 160 hours. Once the accumulated hours total 160, one month of state service is earned.

Hours worked in excess of 160 hours in a month (pay period) shall not be counted or accumulated.

Leave Credits

An intermittent employee will become eligible for leave credits with pay in accordance with the applicable memorandum of understanding (MOU).

Probationary Period

Intermittent employees appointed on a permanent basis are required to serve a probationary period equivalent to six months or one year depending on the probationary period assigned to their classification.

A six-month probationary period is equal to 840 hours physically worked.

A one-year probationary period is equal to 1680 hours physically worked.

Hours physically worked towards the permanent intermittent employee’s probationary period must be tracked. When computing the number of hours worked, time when an employee is excused from work because of holidays, sick leave, vacation, annual leave, compensating time off, or any other leave shall not be considered as time worked by the employee towards their probationary period. Overtime hours may be counted on an hour-for-hour basis.

Probation hours are to be entered onto the time and attendance form at the end of each state monthly pay period.

Limited-term intermittent employees are not subject to a probationary period. California Code of Regulations section 281 provides that no time served in a limited-term appointment may be used to complete probation or to otherwise qualify for permanent or probationary status.

Special In-Grade Salary Adjustment (SISA)

Pursuant to California Code of Regulation section 599.685, if the appointing authority certifies in the manner prescribed by the Director of CalHR that the employee has met the standards of efficiency required for the position, the employee who is paid at the minimum step of the salary range in a class designated by CalHR may receive a SISA to the second step of the salary range.

This salary increase is effective the first of the pay period following completion of the first 960 hours worked. When computing hours toward the SISA only count up to 160 paid hours per pay period. These hours include leave credits, holiday and overtime.

Merit Salary Adjustment (MSA)

Pursuant to California Code of Regulations section 599.683, if the appointing authority certifies in the manner prescribed by the Director of CalHR that the employee has met the standards of efficiency required for the position, the employee who is not paid at the maximum step of the salary range shall receive an MSA equivalent to one step in the salary range provided that rate does not exceed the maximum salary rate.

This salary increase is effective the first of the pay period following the completion of the first 1,920 hours worked. When computing hours toward the MSA only count up to 160 paid hours per pay period. These hours include leave credits, holiday and overtime.

This increase may or may not be granted based on an employee’s work performance. If an MSA is denied, the employee will be informed of the reason(s) for this action and a future date when the granting of the salary adjustment may be reconsidered.

Alternate Range Change (ARC)

When evaluating whether the ARC is met for movement to a higher salary range, the supervisor may or may not grant the increase based on an employee’s work performance. Approved range changes are effective the day after completion of the required hours and when the ARC is met. For additional information on ARC movement, refer to Policy 1506.

Health Benefit Eligibility

The state determines employees' eligibility to enroll in health/dental/vision plans by appointment, time base, and tenure. In most cases, all permanent employees who work the equivalent of half-time or more are eligible. Permanent intermittent (PI) employees who work a minimum of 480 hours during each six-month qualifying control period ending June 30th and December 31st are eligible. For additional information on health/dental/vision enrollment, refer to the following policy statements:

Intermittent employees whose positions are classified as limited-term or TAU are not eligible for benefits.

Bargaining Unit 6 cadet PI employees will be eligible for dental and vision benefits upon graduation from the academy of the California Department of Corrections and Rehabilitation.

Retirement Hours

Intermittent employees are enrolled in the Part-Time Seasonal and Temporary Employee Retirement Plan (PST) until they have accrued 1,000 hours in a fiscal year. Employees who have accrued 1,000 hours in a fiscal year are eligible to become members of CalPERS. All hours paid while on active state service including paid leave, overtime, and holiday hours worked are applied toward eligibility. For additional information on the PST program, please refer to Policy 1602.

Conversion of Intermittent to Part-time or Full-time Position

At the discretion of the appointing authority, an intermittent employee may change from an intermittent basis to part-time or full-time provided a position is available and one of the following conditions exists:

a. The employee must be reachable for a part-time or full-time appointment on an employment list; or

b. The employee must have the appropriate part-time or full-time reinstatement eligibility; or

c. The employee has worked under any combination of permanent or probationary appointments for at least two (2) calendar years and has worked at least 1,920 hours in such appointments.

Separating Employees

Permanent intermittent employees who are separated are paid for the time worked during the pay period plus any accrued compensable leave credits. The accumulated credits are projected as if the employee had taken the time off and not separated. Therefore, the lump sum payment includes the equivalent of whatever compensable leave credits would have been received during the period of projection. If the total time to be paid including lump sum payments exceeds the normal 21/22 days in the pay period, the additional hours will be applied to the following pay period and paid out to the separating employee. A new employee appointed to the same position in the same pay period will not be paid more than the difference between the normal number of workdays and the number of days paid to the former employee for that pay period.

Automatic Resignation of Intermittent Employees

Per California Code of Regulations section 599.828, a permanent intermittent (PI) employee who waives three requests by the employing agency may be automatically separated from the appointment, with the caveat that no waiver shall be counted if the employee was unable to come to work due to an illness or other good reason. When an appointing power invokes this rule to automatically separate a PI employee, it is required to provide the employee with “notice and an opportunity to respond” to the appointing power.

California Code of Regulations section 448 provides that intermittent employees not covered by authorized leaves who do not work for one year may be considered to have automatically resigned from the position as of one year from the last day the employee was on pay status. This rule shall not be used for disciplinary actions. If you have an intermittent employee whose work is unsatisfactory, the performance management process must be used for termination.

Application

The following is a recommended procedure for effectuating an automatic separation of a PI employee consistent with the waiver rule and Coleman v. CalHR:

1. Separation Notice

The appointing power should send a written notice of the decision to separate the employee to the employee's address, which is on file with the appointing power. The notice should contain the facts upon which the appointing power relies; i.e., the notice should state the dates of the three waivers, if the employee responded and if applicable, the reason(s) offered by the employee for not being able to report to work, and why the department deemed them unacceptable. The appointing power should prepare a Proof of Service by Mail or a Proof of Personal Service for the notice. A copy of the proof of service should be sent to the employee being separated.

The notice should contain information regarding the opportunity for a perseverance hearing. Include the time frames for obtaining the perseverance hearing, and the name of the person to contact for the perseverance hearing. The employee should be given five working days within which to respond.

The notice should contain information regarding the right to appeal the separation to CalHR within thirty days of receipt of the notice. Any appeal to CalHR must be in writing and sent to the CalHR Hearing Division by the employee or his/her representative.

2. Perseverance (Coleman) Hearing

The perseverance hearing may be informal. However, it should be conducted by an impartial and disinterested representative of the appointing power who has authority to recommend that the separation be revoked. It is recommended that the Coleman officer selected be someone who was not involved in the initial decision to separate the employee. The Coleman officer should weigh whether the employee actually waived three requests to work and whether the employee had good reasons for the waivers. Any response from the Coleman officer to the employee should be mailed or personally served along with a proof of service.

3. Appeal to CalHR

If the separation is sustained and the employee timely appeals to CalHR, CalHR will conduct a hearing to determine whether the employee should be reinstated to his/her former position.

Prior to invoking the three-waiver rule, the appointing power should review the applicable MOU to determine whether it contains provisions at variance with the recommendations in this policy.

Authorities

Resources

PML

Authorized By

Contact Person

Personnel Services Branch
Personnel Program Consultant, , Personnel Services Branch
Phone: 916-323-3343
Fax: 916-327-1886
Email: psb@calhr.ca.gov

Superseded Policies

Not Applicable.