Law Governing California State Human Resources

The links to law governing California State human resource below will take you to the California Legislative Information web site.
Article Link Summary
Article VII, State Constitution Article VII
  • Merit based civil service system
  • State Personnel Board (SPB) members; President; Board powers and duties, including enforcing civil service statutes, prescribing probationary periods and classifications, adopting rules, and reviewing disciplinary actions
  • Executive Officer
  • Positions exempt from civil service
  • Temporary appointments
  • Veterans' preference
  • Transferring public or federal functions, positions, and position incumbents into civil service
  • Prohibitions to holding office and/or civil service employment and to receiving tax exemptions
  • Legislators' and judges' retirement systems allowance restrictions
Article IX, State Constitution Article IX, Section 2.1
  • Positions exempt from civil service
Article XX, State Constitution Article XX, Sections 3 and 22
  • Oath to support and defend the United States' and California's constitutions
  • Positions exempt from civil service
Government Code, General Provisions Sections 1 to 26
Government Code, Title 2, Division 5, Part 1, General
Chapter 1. Salaries
Article 1. General Sections 18000-18004
  • State officer, elective, or appointee compensation
  • Nonprofit corporation compensation
  • Employee rights to inspect personnel records
  • Payroll warrant responsibilities
  • Local government firefighting position inclusion
Chapter 2. Oaths for State Employees Sections 18150-18158
  • Taking the oath as a condition of employment
Chapter 3. Loyalty Section 18200
  • Disloyalty to the United States or the state will in dismissal and compensation loss
Chapter 4. Administrative Regulations Sections 18210-18216
  • SPB regulations are exempt from the Administrative Procedure Act
  • SPB regulation adoption procedures
Chapter 5. Interns and Student Assistants Sections 18220
  • Dependent children in foster care preference for qualified intern and student assistant applicants
Government Code, Title 2, Division 5, Part 2, State Civil Service
Chapter 1. General
Article 1. Purpose Section 18500-18502
  • Merit principles
  • This part and Part 2.6 shall be known as the State Civil Service Act
  • Creation of the Department of Human Resources (CalHR) which succeeds to and is vested with all powers and duties of the Department of Personnel Administration and operation of the civil service system within SPB rules
  • SPB prescribes classifications, examinations, probationary periods, and disciplinary actions and audits departments for compliance with civil service standards
  • CalHR and SPB may delegate, share, or transfer responsibilities between themselves
  • CalHR and SPB rules remain in effect unless amended or repeated
Article 2. Definitions Sections 18520-18552
  • State hiring process terms
Article 3. General Provisions Sections 18570-18577
  • Appointing powers' obligations for providing access to records and preparing reports. Public and employee access to this information.
  • Access to facilities, information, and employee testimony for examination, investigations, and hearings
  • Service of personnel action notices
  • Judicial notice of SPB and CalHR rules and amendments
Article 4. Scope Sections 18590-18599
  • No prohibition on contracting for licensed services that cannot be performed within civil service
  • Various positions included within state civil service
Chapter 2. Administration
Article 1. The State Personnel Board Sections 18650-18656
  • Board salaries, travel expenses, personnel including chief counsel and state employee assistance compensation
  • Board accommodations, printing, and meeting and headquarters location
  • Board quorum, meetings, minutes, and executive sessions
  • Executive Officer duties and delegation of power
  • Office of the Attorney General (AG) representation and county district attorney enforcement
Article 1.5. Policy and Audit Sections 18660-18662
  • The Board establishes rules implementing and enforcing the merit system and can audit appointing authorities' personnel practices
  • The Board will issue audit findings and order corrective action
  • Audit reimbursement
  • Annual audit reporting requirement
Article 2. Investigations and Hearings Sections 18670-18683
  • Hearing and Investigation authority and timeliness
  • Hearing office reimbursement
  • Subpoena procedures, immunity, and witness compensation
  • Settlement procedures
  • Requests for Board findings
  • Transcript availability and fees
Article 3. General Powers and Duties Sections 18701-18717
  • Rulemaking authority and process
  • Classification authority
  • Adverse action authority
  • The Board and CalHR may enter into agreements with local government or non-civil service agencies to provide, receive, or exchange personnel services
  • The Board and CalHR shall cooperate with state agencies to promote efficient and economical state administration
  • Board decisions are binding on all parties
  • Board response to noncompliance
  • Personnel association memberships
  • CalHR shall not be precluded from providing grievance rules
  • Safety category retirement criteria and recommendations
Article 3.5. Employment Procedures Sections 18720-18720.5
  • Employment forms
Chapter 3. Classification Sections 18800-18806
  • Personnel Classification Plan
  • Managerial position designation and reporting
  • SPB may add, change, and abolish classes
  • Position reallocation and employee status
  • Salary steps
Chapter 4. Employment Lists
Article 1. General Sections 18900-18906
  • Eligible lists established from competitive examinations of qualified persons
  • Candidate group size limitations
  • Designated appointing power
  • Information technology classifications' skills-based certification
  • Life of and corrections to eligible lists
  • District and departmental eligible lists
  • General, departmental, departmental subdivisional, and reemployment lists including list use order and list life
Article 2. Examinations Sections 18930-18941
  • Examinations must be competitive and job related
  • Examination methods
  • Managerial exam process
  • CalHR may delegate examining subject to Board audit
  • Appointing authorities can contract CalHR or another appointing authority for exam services
  • The Board establishes the minimum qualifications to examine for and be hired into a classification
  • Examination age limitations
  • Examination announcements
  • Application for exams and volunteer experience
  • Exam material confidentiality
  • Categories for refusing to examine or withholding or withdrawing candidate from the eligible list
  • Exams scoring pass point, veterans' preference application, eligible list order, name limitation, competence certificates, and competitor notification
  • Written exam inspection
  • Continuous testing
  • Deferred exams for religious observance
  • Dismissed employee must request authorization to examine for state employment
Article 3. Promotion Sections 18950-18955
  • Promotions will go to state employees; however, if it is in the state's best interest, CalHR may determine exams will be held on an open non promotional basis. CalHR may prescribe how current and former employees may compete in in promotional exams and conditions where eligibility may be transferred from one list to another
  • Career credits
  • Appeal rights
  • California Department of Corrections and Rehabilitation (CDCR) supervisory peace officer exam requirements
Article 4. Veterans' Preference Sections 18973-18979
  • Veterans' preference, applicable exams, top rank, and eligibility proof
  • 12-month retroactivity provision
  • Military service counted as experience towards meeting minimum qualifications
  • Veterans' Outreach Program appointments
Article 5. Exempt Employees Sections 18990-18993
  • Legislative, AG, Legislative Analyst's Office (LAO), exempt employees', and veterans' ability to apply for promotional civil service and Career Executive Assignment (CEA) exams
  • Deferred examinations for CEAs appointed from the Legislature or exempt employees upon CEA termination
Chapter 5. Appointments
Article 1. General Sections 19050-19062.5
  • Appointments must be made from employment lists, transfer, reinstatement, promotion, or demotion
  • Employee transfers between departments, form outside entities, and from one position in one classification to another
  • Civil servants impacted by change in position
  • Temporary employee assignment or loan
  • Agency function transfer
  • Appointment class shall be appropriate for duties performed
  • Documentation for filling a vacancy and for requiring bilingual fluency skills
  • Certification list order
  • Open promotional managerial list compositions
  • Appropriate list use
  • Reemployment list use
  • Eligible candidate certification
  • Temporary appointments
  • Apprenticeships
  • Employees' time base rights and movement between time bases
Article 1.5. Appointments: Priority Consideration Sections 19063-19063.8
  • CalWORKs recipient priority consideration for seasonal and entry level non-testing classes and Employment Development Department interaction
  • Student training programs exempted; however, hiring disadvantaged youth or students encouraged
Article 2. Limited Term Sections 19080-19083
  • Limited term appointments duration and lists
Article 3. Intermittent Sections 19100.5-19101
  • Intermittent hours and lists
Article 4. Personal Services Contracts Sections 19130-19135
  • Personal services contract use standards
  • Agencies, board, and employee organizations roles
  • Student assistant contracting prohibitions
Article 5. Reinstatement Sections 19140-19144
  • Permissive and mandatory reinstatement
  • Service after retirement
Article 6. Probationary Period Sections 19170-19180
  • Probationary period establishment, duration, required circumstances, and extension
  • Employee evaluation
  • Rejection during probationary period and compensation during improper rejection
Article 7. Duration Appointments Section 19200
  • Wartime or national emergency duration examinations and employment
Article 8. Additional Appointments Sections 19210-19214
  • Additional appointments and Personnel Management Policy and Procedures Manual reporting requirements
Article 9. Hiring of Disabled Persons Sections 19230-19237
  • Affirmative action plan for employing qualified disabled individuals.
  • CalHR and agencies responsibilities related to goals and timetables, reasonable accommodation, disability survey, and annual reporting
Chapter 5.5. Limited Examination and Appointment Program
Article 1. General Sections 19240-19241.5
  • Limited Examination and Appointment Program (LEAP)
Article 2. Examinations and Appointments Sections 19242-19243.4
  • LEAP examinations and on-the-job performance evaluation
Article 3. Appeals Section 19244
  • LEAP appeals
Chapter 6. Service
Article 1. General Sections 19251.5-19261
  • Legislative communications
  • Voluntary demotion
  • Fitness for duty
  • Illegal appointment, good faith
  • CalHR health and safety program
Article 2. Upward Mobility Sections 19400-19406
  • Opportunity for low paid employees to promote
  • Goals and time tables
  • Annual report
Chapter 7. Separations From Service
Article 1. Disciplinary Proceedings Sections 19570-19589
  • Adverse action definition and cause
  • Notice, appeal rights, investigations, discovery, prehearing settlement conferences, hearings, witnesses, failure to appear, decisions, modified decisions, petition for rehearing, writ of mandate, and establishment of CalHR's disciplinary criteria consideration
  • Precedential Decisions
  • Request to File Charges
  • Failure to meet requirements for continued employment
  • Letters of reprimand retention
Article 2. Tenure of Managerial Employees Sections 19590-19593
  • Managerial employees adverse action process
Chapter 8. Demonstration Projects Sections 19600-19609
  • Definition, plan, duration, interaction with labor organizations, evaluation, reports, permanency
Chapter 9. Actions Sections 19630-19635
  • Action time limits
  • Court fees and service of action
  • Statute of limitations
Chapter 10. Prohibitions and Offenses
Article 1. General Sections 19680-19683.5
  • Acts unfairly impacting a person's ability to take exams or be employed are prohibited
  • Whistleblower protection
  • Discrimination complaints based on medical condition, mental disability, or physical disability
  • Affirmative action reporting
  • Educational requirements and testing methods must be job related
  • Application data collection
Article 2. Discrimination Sections 19700-19706
  • Age, vision, medical condition, mental or physical disability, family care leave, and political or religious discrimination
  • Education requirements and testing must be job related
  • Affirmation action reporting
  • Notations of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, or sexual orientation of any person on examination, appointment, and promotion related documents are unlawful
  • Applicant's date of birth will only be required if the class has minimum or maximum age limits
Article 3. Unlawful Employment Sections 19760-19765
  • Unlawful salary payment liability, payment recovery disposition, and attorney fees
Chapter 11. Military Service
Article 1. General Section 19770
  • Military, emergency, and reserve leave
Article 2. Military Leave of Absence Sections 19771-19774
  • Military leave of absence
Article 3. Pay and Benefits Sections 19775-19776
  • Military leave compensation
  • Probationary period extension
  • List eligibility retention during military leave
  • Military leave time as state service
  • Candidates may be certified during military leave and shall complete interrupted certification process upon return
  • Promotional examination eligibility
Article 4. Reinstatement After Military Service Sections 19780-19786
  • Reinstatement timing and provisions
  • Returning veteran capability
Chapter 12. State Civil Service Affirmative Action Program Sections 19790-19799
  • Equal Employment Opportunity statistics and annual report
  • Disabled advisory committees
  • Layoff plan modification to address past discrimination
Government Code, Title 2, Division 5, Part 2.5, Federal Grant-in-Aid Merit System Requirements
Chapter 1. Administration Sections 19800-19811
  • Merit system in local government as required by statute
  • Local government employees' appeal rights.
Government Code, Title 2, Division 5, Part 2.6. Personnel Administration
Chapter 1. Department of Personnel Administration
Article 1. General Sections 19815-19815.8
  • CalHR; Director; responsibilities including: administering and enforcing personnel laws, reporting to the Governor on non-merit issues, adopting rules, holding hearings, performing labor relations; employees including the Chief Counsel; performing SPB's administrative and ministerial functions
  • Legal services reimbursement
  • Complaint time limitations
  • Action or proceeding time limits
Article 2. Powers and Duties Sections 19816-19816.21
  • Duties subsumed from SPB include: administration of salaries, hours, training, performance evaluations, layoff, grievances, rule for days, hours and conditions of work
  • Duties subsumed from the Department of General Services and the California Victim Compensation and Government Claims Board include: employee entitlements; duties subsumed from the Department of Finance include: administration of exempt employee salaries
  • Rules for days, hours, and conditions of work
  • State employees roster
  • Audits and certifies payroll
  • Employee Assistance Program
  • Benefits not requiring voluntary participation or payroll deductions
  • Self-funded or self-insured benefit programs
  • State safety retirement member benefit determinations and reports
Article 2.2 Administrative Procedure Section 19817.10
  • Collective bargaining is not subject to the Administrative Procedure Act
Article 2.5. Personnel Classification Plan Sections 19818-19818.21
  • Subsumed SPB's responsibility for administrating the Personnel Classification Plan
  • Classification principles
  • Position allocation monitoring and auditing
  • Reviews and awards out-of-class claims
  • Responsible for position reallocation appeals
  • Legislatively authorized classes
Article 3. Division of Labor Relations Sections 19819.5-19819.7
  • Labor relations deputy director and exempt labor relations officers establishment and responsibilities
Chapter 2. Administration of Salaries
Article 1. Claims for Reimbursement Sections 19820-19822.7
  • Adopts travel expense reimbursement rules and employee pay adjustments
  • Determines fair and reasonable value of state owned housing and other services
  • California Automated Travel Expense Reimbursement System
  • Administers Child Care and Work and Family Funds
Article 2. Employee Awards Section 19823
  • Merit awards
Article 3. Salary Classification Sections 19824-19838
  • Salary setting, minimum and maximum ranges, range changes, hiring above minimum, red circled salaries, overpayment, impacted employees' rights to be heard
  • Memorandum of Understanding (MOU) postings and LAO's MOU analysis
  • Continuous appropriation if budget is not enacted
Article 4. Miscellaneous Compensation Sections 19839-19849.9
  • Lump sum payments, moving and relocation expenses, overtime compensation and records, California Emergency Management Agency missions, precinct board time off, flight insurance, deceased employee remains, board and commission headquarters designations, accumulated leave for statutory exempts, deduction statements, personal item repair or replacement, 25-year awards
Article 4.5. Management Compensation Incentives Sections 19849.10-19849.22
  • Management compensation incentives
  • Non-California Public Employees' Retirement System (CalPERs) excluded employees
  • Paid time off (leave) benefits for officers and excluded employees
  • Long-term disability insurance
  • Employer benefit contributions upon employee death
  • Statutory exempt paid leave
  • Supervisor compensation for various classes
Article 5. Uniform and Equipment Allowances Sections 19850-19850.7
  • Uniform allowance, providing work clothes, safety and protective equipment, and stolen tools and equipment replacement
Chapter 2.5. Days and Hours of Work
Article 1. Workweek Sections 19851-19855
  • Work week and work day durations subject to alteration by Governor
  • Overtime to be avoided
  • Personal Leave Program 2012
  • CDCR overtime cap
  • Holidays, personal holidays
  • Former Department of Employment employees' seniority and leave
Article 2. Vacations Sections 19856-19858.2
  • Vacation regulations and accumulation
Article 2.5. Annual Leave Sections 19858.3-19858.7
  • Annual leave regulations and accrual
Article 3. Sick Leave Sections 19859-19868.3
  • Sick and bereavement leave regulations and accumulation
Article 4. Industrial Disability Leave Sections 19869-19877.1
  • Workers' compensation
  • Long-term care insurance
  • Industrial disability leave regulations and benefits
Article 5. Nonindustrial Disability Leave Sections 19878-19885
  • Nonindustrial disability leave regulations and benefits
Article 6. Firefighters Sections 19886-19886.2
  • Firefighters' workers' compensation and other benefits upon injury or death while acting outside employer's immediate direction
Article 7. The Clerical Pool Sections 19887-19887.2
  • Clerical pool, temporary assignment, reimbursement
Article 8. Emergency Sections 19888-19888.1
  • Emergency appointments can be made by the hiring authority subject to SPB rules
Article 9. Career Executive Assignments Sections 19889-19889.4/a>
  • Those appointed to emergency assignments receive leave and service credit under CalHR rules
  • SPB responsible for establishing CEAs
  • Eligibility for appointment to positions in CEA category and CEA reinstatement rights
Article 9.5. Benefits Sections 19889.6-19889.7
  • Bargaining Unity 6 election of benefits in lieu of compensation
  • Group legal services administrative fee
Article 10. Activities Sections 19990-19990.6
  • Incompatible activities rules
Article 11. Absences Sections 19991-19991.14
  • Leave of absence rules
  • Catastrophic leave program
  • Leave bank for recent retiree's surviving spouse
Chapter 3. Performance Reports Sections 19992-19992.4
  • Performance reporting rules
  • Performance report application when determining salary increases, layoff order, transfers, demotions, and dismissals
Chapter 3.5. Performance Reports for Managerial Employees Sections 19992.8-19992.14
  • Managerial performance reporting rules and appeal rights
  • Performance report application when determining managerial development, salary increases, layoff order, transfers, demotions, dismissals, promotional exam outcome
Chapter 4. Deferred Compensation Sections 19993-19993.05
  • Deferred compensation plan
Chapter 4.5. State-Owned Motor Vehicles Sections 19993.1-19993.8
  • State-owned motor vehicles operations rules, penalty for misuse, appeal rights
Chapter 5. Transfers Sections 19994-19994.4
  • Leave credits and seniority for public or federal employees transferred into state civil service
  • Transfers rule, selection for, and protest of involuntary transfer
Chapter 5.5. Accident Reduction Incentive Program
Chapter 5.6. Tobacco Control Sections 19994.30-19994.35
  • Smoking control programs
  • Smoking prohibition notification
Chapter 6. Training Sections 19995-19995.5
  • Training plans, rules, placement training, mandated supervisory training mandate
  • State Employee Scholarship Fund
Chapter 6.5. The Governor's Awards Sections 19995.5-19995.7
  • Governor's Award for outstanding service
Chapter 7. Separations from Service
Article 1. General Sections 19996-19996.2
  • Resignation and absence without leave rules and appeal rights
Article 1.5. Excluded Employees Leave Program Section 19996.3
  • Personal leave program implementation
Article 1.6. Reduced Worktime Act Sections 19996.19-19996.29
  • Voluntary reduced worktime rules
Article 1.7. Reduced Worktime for Partial Service Retirement Sections 19996.30-19996.39
  • Partial retirement rules
Article 2. Layoff and Demotion Sections 19997-19997.15
  • Laid-off employee duties may be reassigned
  • Layoff designation, seniority scoring, demotion in lieu of layoff, reemployment, notice timing appeal rights
Article 3. Layoff Reemployment Sections 19998-19998.1
  • Placement assistance for employees facing layoff
Article 4. Reentry to State Service Sections 19998.3-19998.4
  • Break in service rules for determining service and leave credits
  • Special rules for Department of Mental Health employees who entered county employment
Chapter 7.5. State Employee Assistance Program
Chapter 8. Two-Tiered Retirement System Sections 19999-19999.1
  • Two-tiered retirement system
Chapter 8.5. Retirement Plan for Employees Excluded from CalPERS Sections 19999.2-19999.21
  • Retirement plan for employees excluded from CalPERS
Chapter 8.6 Alternate Retirement Program for New Employees Exempted from Contributions to CalPERS Sections 19999.3-19999.31
  • Alternate Retirement Program for New Employees Exempted from Contributions to CalPERS
Chapter 9. Tax-Deferred Savings Plans Section 19999.5
  • Tax-deferred savings plans
Chapter 10. Annuity Contracts Sections 19999.7
  • Annuity contacts