Exempt Benefits

Leave Credits

The term “excluded” often is confused with “exempt”, however they are different. An excluded employee is excluded from collective bargaining (the Dills Act). An exempt employee is exempt from the civil service law and rules and is not included in the collective bargaining process, but they receive benefits/leave credits equivalent to the Collective Bargaining Unit Identifier (CBID) associated with their position. The CBID’s are listed in the Exempt Pay Scale and are categorized as follows:

E99 Management
E98 Supervisory
E97 Confidential
E79 Non-Supervisory management
E Not eligible for benefits

Exempts may receive the various leave credit options on the first day of the monthly pay period following completion of six monthly pay periods of continuous service, as follows:

Vacation: On the first day of a monthly qualifying pay period, 11 or more working days, a full-time employee shall receive credit for vacation leave with pay on the first day of the following monthly pay period as follows:

Leave Credits
Number of Qualifying Pay Periods	Number of Vacation Leave Hours Accrued Each Month
7 months - 3 years	7 hours per month
37 months - 10 years	11 hours per month
121 months - 15 years	13 hours per month
181 months - 20 years	14 hours per month
241 months - 25 years	15 hours per month
301 months and over	16 hours per month

Reference Source: California Code of Regulations, title 2, section 599.739.1, Government Code (GC) section 19858.1

Sick: On the first day of the monthly pay period following completion of each qualifying pay period of service, each full-time employee shall earn eight (8) hours of credit for sick leave with pay.

Reference Source: CCR 599.746 and GC section 19859

As an exempt employee, you may elect to receive annual leave in lieu of vacation and sick leave as follows:

Annual Leave: On the first day of a monthly qualifying pay period, 11 or more working days, a full-time employee shall be allowed credit for Annual Leave with pay as follows:

Annual Leave
Number of Qualifying Pay Periods	Number of Annual Leave Hours Accrued Each Month
1 month to 10 years	15 hours per month
121 months to 15 years	17 hours per month
181 months to 20 years	18 hours per month
241 months to 25 years	19 hours per month
301 months and over	20 hours per month

Reference Source: California Code of Regulations, title 2, section 599.752, GC section 19849.13

Note: Certain Statutory Officers (those Governor’s appointees and elected officials whose salaries are set in statute) do not earn or use sick leave, vacation, or annual leave.

Lump Sum

An individual with prior state service, exempt or civil service, who is appointed to a position earning a statutory salary, may elect to receive a lump sum payment for accrued vacation or annual leave just prior to being appointed to or during the appointment to the statutory position. Payment is made at the salary rate of the last position where the leave was last earned. If the appointee chooses not to receive a lump sum payment at that time, the amount of leave is “banked” and is available if the individual returns to a position where leave is accrued and used.

The Department will submit Lump Sum request to CalHR to verify the salary information and return the approval to the department. The process for Lump Sum payment can be found in the Exempt Salary Schedule on CalHR Net at: http://www.calhr.ca.gov/Documents/exempt-salary-schedule.pdf.

Reference Source: Exempt Salary Schedule

Updated: 9/21/2017

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