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Appeal of denial of out-of-class claim

​​Legal authority

Government Code sections 19815.4; 19818.16 and Title 2, California Code of Regulations, sections 599.810 (excluded employee); 599.904.

​The Department of Human Resources (CalHR) shall have the authority to review employee claims for additional reimbursement for the performance of duties outside the scope of their present classification and to authorize additional reimbursement for those duties. CalHR shall award employee claims under this section for a period no greater than one year preceding the filing of a claim.


The original claim will be filed at the Department's Labor Relations Office. The department conducts a review of the out-of-class claim and responds to the grievant.

If the grievant is not satisfied with the Department's response, they may elevate the grievance to CalHR's Labor Relations Division at​ . The claim will be reviewed by CalHR's Personnel Management Division and an analysis will be prepared. The analysis will be forwarded to the Labor Relations Division for review by a Labor Relations Officer (LRO). The LRO will issue a preliminary determination. The evidence must support the preliminary determination on the issues framed by the original claim.

If the grievant is not satisfied with the LRO's preliminary determination the employee may formally appeal the LRO's preliminary determination to the CalHR 's Statutory Appeals Unit (SAU) at .

Timeline to file

The formal appeal must be filed within 30 calendar days from service of the LRO's preliminary determination, otherwise the preliminary determination will become final.

Type of hearing

The Administrative Law Judge (ALJ) will review and enter the preliminary determination and supporting documents into the record and allow the parties the opportunity to supplement the record, subject to rebuttal. The ALJ shall hold an evidentiary hearing and issue ​a proposed decision to be approved or denied by the CalHR Director.

​Rank-and-file employees:  Out-of-class claims fall under the grievance procedure only.

  Updated: 12/5/2022
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