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:
| 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
Or
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:
| 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: Exempt Salary Schedule.
Reference Source: Exempt Salary Schedule
