2104 - Leave Buy-Back (Historical View)
** Effective: 12/18/2018 5:16:18 PM - 12/18/2018 5:19:19 PM **Status: Active
Change Notes
Add leave cash out/buy-back provision for employees affected by wildfires.
Category
Leave
Audience List
- Employee Relations Officers
- Personnel Officers
Synopsis
This policy
- Provides information about the Excluded Employee Leave Buy-Back Program.
- Provides information about the annual cash out of accumulated vacation/annual leave provided in some Memoranda of Understanding.
- Provides information about the one-time leave buyback provision for Bargaining Unit 6 and related classifications.
- Provides information about a one-time leave buy-back/cash out option for employees directly impacted and displaced due to the fires in Butte, Los Angeles and Ventura counties.
Introduction
Leave buy-back allows employees to receive cash payment in exchange for applicable leave credits. The California Department of Human Resources (CalHR) may authorize an annual Excluded Employee Leave Buy-Back Program (Program) and will notify departments of the opportunity to participate.
Some Memoranda of Understanding (MOU) provide that a department head or designee will advise department employees whether or not funds are available for cashing out vacation/annual leave.
Statement
Excluded Employee Leave Buy-Back Program (Program)
California Code of Regulations, title 2, section 599.744 provides by annual determination, CalHR may authorize the Program. CalHR and the Department of Finance have authorized the Program for fiscal year 2017-18. Payment for all leave hours are made using existing departmental appropriations, therefore, each department’s participation is subject to the availability of departmental funds.
Leave buy-back means that eligible employees in participating departments may receive payment at their regular salary rate in exchange for up to 80 unused leave hours. Eligible leave may be a combination of vacation or annual leave, personal leave (personal leave 1992, 2003, 2010/11/12 and voluntary personal leave), personal holiday, or holiday credit.
Employees designated Exempt, Managerial, Supervisory, Confidential, or otherwise excluded from collective bargaining in one of the following identifier codes are eligible to participate in this program:
- Exempt or Managerial – Exempt/M/E59/E99
- Supervisory – S/E48/E58/E68/E78/E98
- Confidential and otherwise excluded from bargaining – C/E67/E77/E97
Represented Employee Cash Out of Vacation/Annual Leave
Vacation/annual leave cash out means that eligible represented employees in participating departments may receive payment at their regular salary rate in exchange for accrued vacation or annual leave. Participation is limited to employees whose MOU specifically includes this provision. Payment for all leave hours are made using existing departmental appropriations, therefore when offered, each department’s participation is subject to the availability of departmental funds.
Each applicable MOU provides specific dates for the leave cash out. Most MOU’s state on or before May 1 the department head or designee will advise department employees whether the department has available funds to participate. In addition, most MOU's provide that employees must submit their written request to cash out leave in the month of May and departments are to issue pay in June.
The following MOU’s allow for annual cash out:
| Bargaining Unit | Bargaining Unit Name | Number of Hours |
|---|---|---|
| 1 | Service Employees International Union | 80 |
| 2 | California Attorneys, Administrative Law Judges and Hearing Officers | 80 |
| 3 | Service Employees International Union | 80 |
| 4 | Service Employees International Union | 80 |
| 6 | California Correctional Peace Officers Association | 80 |
| 7 | California Statewide Law Enforcement Association | 80 |
| 8 | California Department of Forestry and Fire Protection Firefighters | 80 |
| 9 | Professional Engineers in California Government | 80 |
| 10 | California Association of Professional Scientists | 80 |
| 11 | Service Employees International Union | 80 |
| 12 | International Union of Operating Engineers | 80 |
| 13 | International Union of Operating Engineers | 80 |
| 14 | Service Employees International Union | 80 |
| 15 | Service Employees International Union | 80 |
| 16 | Union of American Physicians and Dentists | 80 |
| 17 | Service Employees International Union | 80 |
| 18 | California Association of Psychiatric Technicians | 80 |
| 19 | American Federation of State, County, and Municipal Employees | 80 |
| 20 | Service Employees International Union | 80 |
| 21 | Service Employees International Union | 80 |
To participate, employees must have an appointment in one of the applicable bargaining units, work in a department with available funds, and be in the applicable bargaining unit at the time payment is issued. Participation is limited to one time per fiscal year. For tax purposes, payments will be ordinary income in the month that payment is made.
Departments are encouraged, to the extent operationally feasible, to allow employees to use their leave hours as they accrue rather than letting the leave balances accumulate as a future fiscal liability.
One Time Allowance for State Employees Affected by Wildfires
In an effort to assist employees who have been affected by the November 2018 wildfires in Butte, Los Angeles, and Ventura counties, CalHR is allowing a one-time leave buy-back/cash out. Employees whose principal residence is impacted due to the above wildfires are eligible to buy-back/cash out up to 80 hours of leave credits as follows:
Employees represented by BU 1, 2, 3, 4, 5, 7, 8, 9 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 are eligible to cash out up to 80 hours of vacation or annual leave.
This does not apply to BU 6 employees because they are currently participating in a leave buy-back/cash out program identified in the section below.
Excluded employees may participate in the state’s buy-back program up to 80 hours of combined leave including vacation, annual leave, personal leave (1992, 2003, 2010/11/12 and voluntary personal leave program), personal holiday, or holiday credit.
Related BU 6 excluded employees who have elected to participate under the BU 6 program are not eligible to participate, unless they elected to cash out less than 80 hours, in which case they may cash out the difference, up to the 80 hours.
In addition, all employees who elect to participate in this program now will not be eligible to participate again in the current fiscal year if they elect to cash out/buy-back the full 80 hours. Employees who do not request the full 80 hours now may request the difference between what they cash out now and what may be offered later in the fiscal year. The total buy-back/cash out hours may not exceed 80 hours in any fiscal year.
Department participation is subject to the availability of funds and existing appropriations must be used to cover the cost.
Bargaining Unit 6 – One-time Leave Buyback Provision
In September of 2018, the following employees will be notified by their department of the process for a one-time cash out up to 80 hours of accumulated compensable leave:
- R06;
- S06;
- M06; and
- Other employees related to Bargaining Unit 6. Refer to the “Exempt and Excluded Classifications Related to Bargaining Unit 6” link under the Resources section below.
Application
Excluded Employee Leave Buy-Back Program
The Program is currently being offered and employees in participating departments may receive payment at their regular salary rate in exchange for up to 80 hours of unused leave credits. The Department Certification of Funding and Participation form must be completed and returned to CalHR’s Personnel Services Branch prior to implementation. Forms may be scanned and emailed to psb@calhr.ca.gov. Departments must complete and return the form whether they participate in the Program or not.
Departments must notify their excluded employees to advise whether the department has funds available and is able to participate. Participating departments shall indicate the number of hours that may be bought back, not to exceed the 80 hour maximum. Documentation of the employee notification shall be maintained by each department.
Eligible excluded employees who wish to participate in the Program must submit an Excluded Employee Leave Buy-Back Request Form to an individual designated by the department. Participation in the Program is limited to once per fiscal year.
Departments will deduct the number of corresponding leave credits from the employees available leave balances. Payments may be made as early as May 2018, but no later than June 30, 2018.
Payments under the Program are subject to the flat tax method and garnishments, if applicable. Instructions on how to process payments are issued by the State Controller’s Office.
Bargaining Units 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 Vacation/Annual Leave Cash Out
The Department Certification of Funding and Participation form for the Vacation/Annual Leave Cash Out Program for bargaining units 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 must be completed and returned to CalHR’s Personnel Services Branch by April 30, 2018. Forms may be scanned and emailed to psb@calhr.ca.gov. Departments must complete and return the form whether they participate in the program or not.
Departments must notify their bargaining units 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 employees in the month of April to advise whether the department has funds available and is able to participate. Participating departments shall advise employees of the number of hours that may be cashed out, not to exceed the allowable amount specified in the applicable Memorandum of Understanding. Documentation of the employee notification shall be maintained by each department.
Eligible represented employees must submit an Employee Leave Cash Out Request form during the month of May to an individual designated by the department. Participation in the program is limited to once per fiscal year.
Departments will transact payment information on a flow basis in the month of June and deduct the corresponding number of vacation/annual leave hours from the employee’s available leave balances. All payments must be issued during the month of June, but no later than June 30.
Payments under this program are subject to the flat tax method and garnishments, if applicable. Instructions on how to process payments are issued by the State Controller’s Office.
One Time Allowance for State Employees Affected by Wildfires
Departments with impacted employees must submit the Department Certification of Funding and Participation form to CalHR’s Personnel Services Branch by December 31, 2018. Forms may be scanned and emailed to psb@calhr.ca.gov.
To participate, the affected employees must submit the Represented and Excluded Employees Affected by Wildfires Leave Buy-Back/Cash Out Request Form, to their Human Resources Office, specifying the number of hours, up to 80 and the leave type they wish to buy-back/cash out by January 7, 2019.
Departments will transact payment information on a flow basis and must deduct the corresponding leave hours from the employee’s available leave balances. All payments must be issued no later than January 14, 2019.
The rate of compensation will be at the employees’ current rate of pay. Payments under the Program are subject to the flat tax method and garnishments, if applicable. Instructions on how to process payments are issued by the State Controller’s Office.
Bargaining Unit 6 – One-time Leave Buyback Provision
Eligible employees who wish to cash out compensable leave must submit the One-time Employee Leave Cash Out Request form to their local Personnel Office by October 31, 2018.
Forms will be processed on a flow basis and including the corresponding deduction of leave hours from the employee’s available leave balances. All payments must be issued no later than December 15, 2018.
Payments under the Program are subject to the flat tax method and garnishments, if applicable. Instructions on how to process payments are issued by the State Controller’s Office.
Additional Information
Departments that participate in the Excluded Employee Leave Buy-Back and Represented Employee Cash Out programs must submit an Excluded Leave Buy-Back Log and Represented Leave Cash Out log by July 31, 2018. Departments may use the logs provided in the forms section below or create a MIRS (or similar report). If departments choose to create a report it must contain the exact data and remain in the same order as the CalHR provided logs. All logs must be submitted electronically in an excel format to psb@calhr.ca.gov by the date specified above.
One-Time Allowance for State Employees Affected by Wildfires
Departments must submit a One-time Leave Cash Out log – State Employees Affected by Wildfires by January 21, 2019. Departments may use the log provided in the forms section below or create a MIRS (or similar report). If departments choose to create a report it must contain the exact data and remain in the same order as the CalHR provided log. All logs must be submitted electronically in an excel format to psb@calhr.ca.gov by the date specified above.
Bargaining Unit 6 – One-time Leave Buyback Provision
Departments must submit a One-time Leave Cash Out log – Bargaining Unit 6 and Related Classifications by January 15, 2019. Departments may use the log provided in the forms section below or create a MIRS (or similar report). If departments choose to create a report it must contain the exact data and remain in the same order as the CalHR provided log. All logs must be submitted electronically in an excel format to psb@calhr.ca.gov by the date specified above.
Authorities
Resources
Forms
- 2018 BU 6 Leave Cash Out Department Report: 2018 BU 6 Leave Cash Out Department Report
- BU 6 One-Time Employee Leave Cash Out Request Form: BU 6 One-Time Employee Leave Cash Out Request Form
- CalHR 138: Leave Reduction Plan
- CalHR 749: Department Certification of Funding and Participation - Excluded Leave Buy-Back Program
- CalHR 878: Department Certification of Funding and Participation - Bargaining Units
- Employees Affected by Wildfires Leave Buy-Back/Cash Out Tracking Log: Employees Affected by Wildfires Leave Buy-Back/Cash Out Tracking Log
- Excluded Employee Leave Buy-Back Request: Excluded Employee Leave Buy-Back Request
- Excluded Employees: Wildfire Department Certification of Funding and Participation
- Excluded Leave Buy-Back Tracking Log : Excluded Leave Buy-Back Tracking Log
- Exempt and Excluded Classifications Related to Bargaining Unit 6: Exempt and Excluded Classifications Related to Bargaining Unit 6
- Represented and Excluded Employees Request Form: Employees Affected by Wildfires Leave Buy-Back/Cash Out
- Represented Employee Leave Cash Out Request: Represented Employee Leave Cash Out Request
- Represented Employees: Wildfire Department Certification of Funding and Participation
- Represented Leave Cash Out Tracking Log : Represented Leave Cash Out Tracking Log
PML
- PML 2007-010: PML 2007-010 - 3/27/2007 - Excluded Employee Leave Buy Back
- PML 2015-011: PML 2015-011 - 4/3/2015 - Bargaining Units 2, 7, 9, 10, 12 and 13 Cash Out of Vacation/Annual Leave – Fiscal Year 2014-15
- PML 2015-012: PML 2015-012 - 4/3/2015 - 2015 Excluded Employee Leave Buy-Back Program
- PML 2016-009: PML 2016-009 - 4/18/2016 - Bargaining Units 2, 7, 9, 10, 12 and 13 Cash Out of Vacation/Annual Leave
- PML 2016-011: PML 2016-011 - 4/20/2016 - Excluded Employee Leave Buy Back Program
- PML 2016-032: 2017 Excluded Employee Leave Buy-Back Program
Authorized By
Melissa Russell
Chief,
Personnel Management Division
Contact Person
Personnel Services Branch
Personnel Program Consultant,
, Personnel Services Branch
Phone: 916-323-3343
Fax: 916-327-1886
Email: psb@calhr.ca.gov