3401 - Training and Development Assignment

Category

Temporary Assignment

Audience List

• Human Resources Chiefs
• Human Resources Staff
• Personnel Officers
• Personnel Transactions Supervisors

Synopsis

This Policy:

• Provides guidance for the appropriate use of Training and Development assignments
• Outlines eligibility requirements
• Outlines department requirements
• Provides Training and Development documentation and retention requirements

Introduction

This policy section provides information on the purpose, eligibility requirements, and appropriate use and completion of Training and Development assignments.

Statement

Traditional or non-apprenticeship Training and Development assignments are temporary assignments that last up to two years for the purpose of providing employees with additional experience and skills to improve their job performance and prepare them for future career opportunities.

This policy section covers Training and Development assignments for employees in general civil service (non-Career Executive Assignment (CEA)) classifications. Subject to State Personnel Board (State Personnel Board or Board) regulation, Training and Development assignments may involve the performance of duties of a classification other than the employee's appointment class. They may be made within or between departments, between jurisdictions, or as part of an apprenticeship program, and they are always voluntary.

The State encourages the use of Training and Development assignments to support the growth and development of employees. Specifically, Training and Development assignments provide employees broader experiences and skills that will improve their ability to perform in their current assignments, facilitate a career change, and help prepare employees for future promotion. Training and Development assignments are a key element of the State's upward mobility programs for employees in lower paying jobs. However, Training and Development assignments are not restricted to lower paying classifications.  The SPB and the California Department of Human Resources (CalHR) encourage the use of Training and Development assignments for all eligible state employees.

Application

Purpose

The purpose of Training and Development assignments shall be to provide employees with the opportunity to obtain any or a combination of the following:

1. Experience necessary to satisfy the experience component of the minimum qualifications of the Training and Development classification or to gain preferred or desirable competencies.
2. Broader or more specialized competencies that will improve the employee's performance in their current position and classification.
3. Experience that would prepare the employee for future promotion.
4. Experience to facilitate the employee's entry into a new occupational or career-related field.

Duration

Within or Between Agencies

Training and Development assignments within an agency or between agencies shall not exceed 24 months of any 36-month period. However, Training and Development assignments for less than full-time employees (e.g. half-time employee) may continue until they reach the equivalent of 24 months of full-time as long as the assignment does not extend beyond the 36-month period.

• For purposes of this rule, 173.33 hours equals one month of full-time work. The equivalent of working full-time for 24 months in any 36-month time period shall be 4,159.92 (173.33 x 24) hours within a 6,239.88 (173.33 x 36) hour time period.

Normal leave time (e.g., vacation, holidays, sick leave) is counted toward the 24 months in any 36-month time period. Additionally, consecutive Training and Development assignments cannot be used to circumvent the 24-month limit. Therefore, the same employee cannot serve in the same Training and Development assignment which includes any assignment with the same level of duties and responsibilities within 12 months of the conclusion of their previous Training and Development assignment.

Classes that are substantially the same salary range or salary level shall be considered to involve substantially the same level of duties and responsibilities for purposes of a transfer. This same methodology may be used to determine if two assignments share the same level of duties and responsibilities by conducting a salary comparison.

“Substantially the same salary range or salary level” means the maximum salary rate of the salary range of one class or, if applicable, the maximum salary rate of the alternate range of one deep class, is the same or less than two steps of the maximum salary rate of the salary range of another class or, if applicable, the maximum salary rate of the alternate range of another deep class.

While this policy section does not limit the number or frequency of an employee's Training and Development assignments, it prohibits the same assignment from continuing for more than 24 months without a 12-month break.  

Apprenticeship Programs

Training and Development assignments in apprenticeship programs may be extended for up to four years with the SPB’s Executive Officer’s approval prior to the beginning of the apprenticeship program.

Appointing powers may submit written requests to the Board’s Policy Division in order to extend Training and Development assignments for apprenticeship programs. The written requests shall include the reasons for the requested extension. After review, the appointing power will be notified within 10 business days if the request has been approved by the Executive Officer.

Between Jurisdictions

Training and Development assignments between jurisdictions cannot exceed 48 months. Between jurisdictions means between a state agency and a federal, county, city, or local agency, board, commission, department, district, or similar non-state governmental entity. This does not include Training and Development assignments between state agencies.

Who May Be Considered for Training and Development Assignments

Employees must have permanent status in their “current class” to be eligible for Training and Development assignments. Employees currently serving probation in their “current class” shall not be considered for Training and Development assignments until they have successfully completed their probationary period. Therefore, an employee must have permanent status in their "current class" and not currently be serving a probation period to be considered for a Training and Development assignment.

In addition, for all employees, eligibility for Training and Development assignments is based on the employee's “current class”. To determine “current class” for employees on temporary or limited-term appointments they must be returned to their former, permanent appointment before being assigned to a Training and Development assignment. If the employee has never gained permanent status in any class, they may not be selected for Training and Development assignments.

Finally, employees serving as CEAs are excluded from training and development assignments.  

Minimum Qualifications

Employees are not required to meet the minimum qualifications of the Training and Development classification, they must possess any licensure, certificate, or similar credential that is a component of the minimum qualifications.

If an employee meets the minimum qualifications of the Training and Development classification and has taken the corresponding examination but is not in a reachable rank, they may still be considered for the Training and Development assignment as long as it provides “appropriate training experience.” “Appropriate training experience" means that, for purposes of Training and Development assignments, the level of duties, functions, and responsibilities of the "to" classification shall provide a reasonable opportunity for the employee to achieve the purpose(s) of the Training and Development assignment.

Authorized Use

Training and Development assignments may be made to any of the following classifications:

• The same class as the employee’s current class, but in a different position. An example would be a Staff Services Analyst (SSA) in the Contracts Unit who takes a Training and Development assignment as an SSA in the Audit Unit.
• A different class than the employee’s “current” class with substantially the same salary range as the employee’s “current” class. An example would be an Associate Governmental Program Analyst in the Enforcement Unit who takes a Training and Development assignment as an Associate Personnel Analyst in the Human Resources Office.
• A different class than the employee’s “current” class with a higher salary range, as long as: The higher salaried class is the class in the employee's desired occupational area that will provide the appropriate training experience; and, there is not another class closer in salary to the employee’s “current” class that would provide the appropriate training.

Staff should ensure that the “to” class provides a reasonable opportunity for advancement toward the employee's training objective(s). This can be determined by reviewing minimum qualifications and past patterns of promotional movement.

• For example, an AGPA seeking entry into the Tax Compliance field is being considered for a Training and Development assignment to a Senior Tax Compliance Representative (Specialist). Based on the class specification, the typical promotional pattern is movement from a Tax Compliance Representative, Range C, to a Senior Tax Compliance Representative.
• The Tax Compliance Representative, Range C, has a maximum salary rate of $6,336, while the Senior Tax Compliance Representative has a maximum salary rate of $7,618. A salary comparison between the AGPA, the “current class” and both “to” classifications shows that the Tax Compliance Representative (Range C) is nearer or closer in salary to the AGPA than the Senior Tax Compliance Representative:

The appropriate “to” class for the Training and Development assignment would be the Tax Compliance Representative, Range C, rather than the Senior Tax Compliance Representative because it provides a reasonable opportunity for the employee to achieve the purpose(s) of the Training and Development assignment and is nearer in salary. In this instance, the higher class may offer the desired experience; however, it is not appropriate given there is a class nearer in salary that provides the appropriate training experience.

However, in the example above, if the employee’s goal is to become a supervisor in the Tax Compliance field, it would also be appropriate to assign the employee to a Senior Tax Compliance Representative (Supervisor) because there is no classification closer in salary that would provide the requisite supervisory experience to meet the employee’s training goals.

• Training and Development Assignments are permitted to higher salaried classifications in the same class series as the employee’s current class. However, appointing powers must carefully consider how the selected Training and Development classification aligns with the training goals of the employee and that the classification provides “appropriate training experience” to meet those goals. For example, a Staff Services Analyst, who desires supervisory experience to better prepare them for future promotional opportunities applies to a Staff Services Manager I vacancy which includes consideration of Training and Development assignments. If selected, the appointing power may place the employee on a Training and Development assignment as a Staff Services Manager I. In this case, there is no other class closer in salary that would provide supervisory training experience other than the Staff Services Manager I. The AGPA classification though nearer in salary and the typical promotional progression of the Staff Services Analyst classification would not provide the appropriate training experience because it is not supervisory.

As an alternative example, an appointing power advertises a Staff Services Manager I (Specialist) vacancy which includes consideration of Training and Development assignments. A candidate serving as a Staff Services Analyst applies and does not meet MQ’s. In this case, the appointing power may consider assigning the employee to a Training and Development assignment to an AGPA because it is nearer in salary to the Staff Services Analyst classification and will provide the appropriate training experience for the candidate to promote to a Staff Services Manager I (Specialist) position because the AGPA classification constitutes higher level independent analytical work in line with the SSM I (Specialist) classification.

• A different class than the employee’s “current” class at a lower salary range, as long as the assignment is not being used to avoid a voluntary demotion, medical demotion, corrective action or disciplinary action. The employee may temporarily move to a lower level of responsibility (e.g., supervisory to journey; journey to trainee) to gain experience in a new occupational field that will ultimately prepare them for service at or above their current classification level.

Note:  If the Training and Development assignment is to a "deep class," the standards which are used for selecting a class in a series to which someone can accept a Training and Development assignment must be used for selecting the appropriate range level for the Training and Development assignment. When applying these standards, treat each range as though it is a separate class. Also, experience in a Training and Development assignment may be counted towards meeting the alternate range criteria. Departments are encouraged to consult with the CalHR if they have questions about appropriateness.

Apprenticeship Program Training and Development Assignments

Training and Development  assignments involving an apprenticeship program approved by the Department of Industrial Relations, Division of Apprenticeship Standards, may be made to any classification.

Recruitment

When filling vacancies for permanent, temporary, or limited-term positions, appointing powers may consider broadening recruitment for the position by advertising the position as a possible Training and Development assignment.

Advertising

Advertisements should be broad and inclusive. When Training and Development assignments may be considered to fill a vacancy, job announcements shall include a statement which reflects that. Furthermore, Training and Development assignments shall be advertised. This means that job announcements must provide all of the following information:

1. Title of classification.
2. Salary range.
3. Minimum qualifications and preferred or desirable qualifications, if any.
4. A statement informing applicants that dates printed on envelopes by mobile barcodes or equivalent mobile print technology are not acceptable proof of the date the application and any other required documents or materials were filed.
5. Clear instructions for filing application forms and any other required documents or materials.
6. Equal employment opportunity and drug free statements.
7. The final filing date for applications or internal cutoff dates.

Selection

Like any other recruitment, Training and Development assignments shall be competitive and the selection process shall involve the use of job-related criteria and any other selection instrument or procedure designed to objectively and fairly evaluate and compare interested candidates.

An employee may apply and be selected for a Training and Development assignment without the agreement of their current appointing power. However, the receiving appointing power must notify the loaning appointing power of the nature and length of the Training and Development assignment. The loaning appointing power may hold the employee no more than 14 calendar days after the date of the written notice.

Exceptions to Advertising and Selection Process

Departments are not required to advertise Training and Development assignments or employ a competitive process in cases where all employees in the same unit and classification are given the same Training and Development assignment (e.g., cross training or job rotation of the employees).

Completion of Training and Development Assignment

After completion or termination of a Training and Development assignment, the employee shall have the absolute right to return to their “former position”.  “Former position” is a position in the classification to which an employee was last appointed as a probationary or permanent employee under the same appointing power where that position was held and within a designated geographical, organizational, or functional subdivision of that agency.

 “Former position” is also defined as a position in a different classification to which the same appointing power could have assigned such an employee as long as the appointing power and employee both agree. However, the “former position” shall not include positions from which the employee:

• Has been separated through disciplinary action,
• Rejected during a probationary period,
• Terminated under section 19889.3,
• Terminated, demoted, or transferred in accordance with Government Code section 19253.5, or
• Terminated on a nonpunitive basis under Government Code section 19585.

An employee who successfully completes a Training and Development assignment may use the experience and training earned in the assignment to satisfy minimum qualifications for a classification. Furthermore, the employee may be appointed to the same position in which they served the Training and Development assignment without further competition provided that it is to the classification that was originally advertised and all of the following circumstances apply:

1. The appointment is by way of transfer, list appointment, or demotion.
2. The employee satisfies the minimum qualifications of the classification.
3. The employee competed for the original Training and Development assignment, which was properly advertised, unless otherwise exempted.

Once appointed to the position, the employee serves the applicable probationary period for the classification.  For example, an employee previously served as an AGPA in the Contracts Division and passed probation. They were then assigned to an AGPA training and development assignment in the Legal Division. If appointed to the Legal Division AGPA vacancy after completion of the Training and Development assignment, the employee would not be required to serve an additional probationary period.

Employment Relationship and Salary

When an employee accepts a Training and Development assignment to an appointing power different than their current appointing power, the employee remains an employee of the “from” appointing power for purposes of salary, benefits, seniority, and tenure. However, the employee is considered to be the temporary employee of the “to” appointing power and the employee’s work and activities are managed by the “to” appointing power.

Additionally, the employee’s salary rate, collective bargaining identifier, and work week group do not change. However, the employee will assume the Fair Labor Standards Act status associated with the classification and duties performed. The employee receives the same salary rate they earned in their “current” classification (permanent position), and not the salary rate of the “to” Training and Development assignment classification, unless a collective bargaining agreement provides otherwise. Based on an agreement between the participating agencies, the employee’s salary may be paid by either participating agency.

Any status-related questions, such as eligibility for transfer or split-off, must be decided based on the employee's permanent position; not the Training and Development assignment classification.

Please note that in cases where a temporary employee has violated any term or condition of the Training and Development assignment or civil service laws, either participating agency may take appropriate action, including corrective or disciplinary action. The participating agencies must collaborate to determine which agency will take the action if it is determined that corrective or disciplinary action is warranted.

Promotional Examination Competition

When employees serve in a Training and Development assignment, they may count time in the Training and Development assignment as time worked in either their “current class,” their training and development assignment class, or a combination of both classes, in order to qualify for promotional examinations. “Current class” means the classification of the position to which the employee has been permanently appointed and holds prior to the Training and Development  assignment.

Note:  The time may not be counted cumulatively, or “double counted,” in order to qualify for a promotional examination.

Leaves of Absence

If an employee on a Training and Development assignment is granted a leave of absence for more than 20 continuous working days, the employee must return to their “former position” upon returning to work. However, the employee may be allowed to continue in their Training and Development assignment without being returned to their “former position” if the appointing power determines it is in the best interest of the state.

The appointing power shall inform the employee in writing of whether they will be returned to their “former position” or will continue in the Training and Development assignment within 10-working days of the approval of the leave of absence. Where the “current position” is with a different appointing power, that appointing power shall also be informed in writing of the decision within the 10-working days.

Termination of a Training and Development Assignment

The appointing power or the employee may terminate the Training and Development assignment at any time for any reason. In cases where the Training and Development assignment is between two appointing powers, only the “to” appointing power or the employee may terminate the Training and Development assignment. Additionally, the “to” appointing power shall give the “current” appointing power 30 days’ notice of such action unless they mutually agree otherwise.

The Board’s Executive Officer may also terminate a Training and Development assignment when it is determined that the assignment is being carried out in a manner contrary to the applicable laws and regulations.  

After termination of a Training and Development assignment, the employee shall return to their “former position”

Documentation and Retention

A Training and Development assignment plan shall be prepared for each Training and Development assignment. The primary purpose of the plan shall be to provide a description of the training duties and goals and the training and development method(s) used. The same Training and Development assignment plan may be used for more than one employee when all the assignment conditions apply to each person.

The plan shall include, but is not limited to, the following:

1. Name and class title of participant(s), including supervisor(s);
2. Training and Development assignment class title;
3. Start and end dates of the assignment;
4. Training to be accomplished and the duties of the Training and Development assignment position; and,
5. The goals of the Training and Development assignment.

The Training and Development assignment plan and any subsequent change or revision shall be signed by both the "to” department and the employee. A copy of the plan and any subsequent change or revision shall be retained by the department(s) for five years from date of creation subject to review by the Board’s Compliance Review Division upon request. At a minimum, a copy must be retained in the employee’s Official Personnel File.

Payroll Position

For payroll purposes, employees may either remain in their current payroll position while on a Training and Development assignment or be placed in the Training and Development assignment payroll position. If placed in the Training and Development payroll position, the transaction does not constitute a transfer appointment. A Training and Development assignment is reported on a Personnel Action Request (PAR) whether the employee is to be paid from the “current” position or from the Training and Development assignment position. The appointment transaction code to be used is A04 and the class code of the Training and Development assignment should be posted in item 215 - employee history remarks section. (Personnel Action Manual, § 2.36, p. 31.)

Authorities

• California Code of Regulations, title 2, section 171.1
• California Code of Regulations, title 2, section 249.1
• California Code of Regulations, title 2, section 249.1.1
• California Code of Regulations, title 2, section 322
• California Code of Regulations, title 2, section 429
• California Code of Regulations, title 2, section 432
• California Code of Regulations, title 2, section 437
• California Code of Regulations, title 2, section 438
• California Code of Regulations, title 2, section 438.1
• California Code of Regulations, title 2, section 438.2
• California Code of Regulations, title 2, section 438.4
• California Code of Regulations, title 2, section 438.5
• California Code of Regulations, title 2, section 439
• California Code of Regulations, title 2, section 439.1
• California Code of Regulations, title 2, section 439.2
• California Code of Regulations, title 2, section 439.3
• California Code of Regulations, title 2, section 439.4
• Government Code section 19050.8
• Government Code section 19401
• Personnel Action Manual section 2.36, p. 31

Resources

Authorized By

Michelle La Grandeur
Chief, Policy Division, State Personnel Board

Melissa Russell
Chief, Personnel Management Division

Contact Person

Personnel Management Division Personnel Management Division
Personnel Management Consultant , Personnel Management Division
Phone: 916-909-3709
Fax: 916-327-1886
Email: pmd@calhr.ca.gov

Superseded Policies

History

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