Intermittent Employee

Intermittent positions may be filled by a variety of methods. Any of the following may be appropriate depending on the specific requirements of the position:

1. permanent intermittent eligible list;
2. full-time eligible list (eligible remains on list);
3. limited-term eligible list;
4. reinstatement; 
5. training and development (T&D) assignment;
6. temporary authorization utilization (TAU) appointment if there are no eligibles interested in intermittent work available on lists “1,” “2,” and “3” above.

If filling the position from a list, the C&P Analyst submits the RPA to the Certification Unit for ordering the list and mailing contact letters.

If filling the position by reinstatement, transfer, TAU or T&D assignment, the position is advertised according to the approved RPA process.

TAU APPOINTMENTS TO INTERMITTENT POSITIONS
If an employee is appointed to an intermittent time base position on a temporary (TAU) basis, there are two controlling time limitations that must be considered. One is the constitutional limit of nine months in any 12 consecutive months for temporary appointments that cannot be extended for any reason. The other is a 1500-hour limitation on the intermittent time base. Because all paid time (i.e., overtime) is included in the computation of the 1500-hour limitation, there is a possibility that this limitation may be reached before the limitation of nine months. See section 330 of the Personnel Management Policy and Procedure Manual (PMPPM) for additional information on TAU appointments.

1500-HOUR LIMITATION
Permanent intermittent appointments are not to be used to fill full- or part-time positions. Such use would constitute illegal circumvention of these eligible lists. To help ensure that intermittent appointments are not made to full-time positions, a maximum of 1500 hours has been placed on the number of hours that an intermittent employee may work in 12 months.

The 1500 hours are counted calendar year (January 1 through December 31).

When does a change in position permit an employee to begin a new 1500-hour period? Refer to the following chart to determine when a permanent intermittent employee may start a new 1500 hours.

EXCEEDING THE 1500-HOUR LIMITATION
There are occasions when unexpected, temporary changes in workload require use of an intermittent employee for more than 1500 hours. It may be more cost effective to extend a trained employee’s maximum hours than to hire a new intermittent employee who will require training. It is impractical to set standards that would cover every conceivable reason for exceeding the 1500-hour limit. Some of the areas to look at follow. A “yes” answer would indicate an extension is inappropriate:

1. Would the extension result in a TAU exceeding the nine-month constitutional limitation? If yes, no extension is allowable. Temporary appointments to intermittent positions cannot exceed the nine months in any 12 consecutive months’ restriction for any reason.
2. Could the increased workload have been easily predicted?
3. Is the work of such a recurring nature that a permanent full-time or fractional time base appointment would be more appropriate?

Effective with the issuance of the PMPPM, the State Personnel Board (SPB) delegated authority to approve extension of the 1500-hour time limit subject to post-audit.

DGS must keep adequate documentation for the reasons the limit was exceeded. This documentation must be kept on file and made available to SPB auditors on request. Delegation authority will be withdrawn if DGS violates the intent or spirit of valid exceptions to the 1500-hour limit.

Responsible Control Agencies

• California Department of Human Resources
• State Personnel Board

Laws and Regulations

• CalHR Rule 599.709; 747; 827; 828; 847
• Government Code section 18552, 19100.5, 19101
• SPB Rule 448

Other Resource Materials

• Bargaining / Contracts