Limited Term Appointment
(Revised: 01/2021)
Definition
Limited Term (LT) appointments are distinguished from permanent and probationary appointments by the fact that they are made for a limited duration and do not confer civil service employment rights beyond the specified time period. LT employees do not serve a probationary period and no time served in an LT appointment is counted towards civil service status. Therefore, LT employees have substantially less tenure protection than permanent or probationary employees.
LT appointments are distinguished from temporary authorization utilization (TAU) appointments by the fact that they are made as a result of certification from civil service employment lists, reinstatement, or transfer; whereas TAUs are made in the absence of any appropriate employment list.
Authority
California Code of Regulations (CCR), Title 2, Sections 19080 - 19083, govern the State Personnel Board (SPB) authority and define LT appointments.
Policy
It is the policy of the Department of General Services (DGS) to comply with the laws and rules governing LT appointments as set forth by the SPB. LT appointments shall not be used to fill positions on an ongoing basis, since that circumvents consideration of those who are eligible for and interested in permanent jobs. Conversely, permanent appointments shall not be used to fill positions that are clearly limited in duration, unless the staff appointed can be placed in other permanent jobs when the LT work ends.
Process
LT appointments shall be made only for temporary staffing needs.
Examples of limited-duration staffing needs include:
- Seasonally recurring positions (e.g. firefighter, lifeguard, trades class, etc.).
- Positions established for specific study or project (Please note, if a specific job is to be completed in 30 working days or less an emergency appointment may be appropriate).
- Temporary vacancies such as those covering leaves of absence.
- Temporary vacancy created by the appointment of a permanent employee to an LT position or to a training and development (T&D) assignment or personnel interchange agreement
- Temporary filling of vacancies in a planned reorganization or potential layoff
When a position becomes vacant as a result of the previous incumbent accepting an LT appointment or T&D assignment, programs have the flexibility to backfill permanent fulltime. LT appointments are made from civil service employment lists, by reinstatement, or transfer from a permanent appointment to meet various limited-duration staffing needs. LT appointments shall not be used as a basis for transfer eligibility. Furthermore, an individual cannot serve more than twenty-four (24) months in an LT appointment from any one employment list.
All appointments must follow the Request for Personnel Action (RPA) process (refer to the RPA section in this manual for assistance).
Duration
The standard duration for LT appointments is twelve (12) months. However, such appointments may be extended for up to twenty-four (24) months when the appointing power is able to document that use of a permanent appointment would be likely to cause a layoff, demotion or mandatory transfer requiring a change of residence upon the conclusion of the temporary staffing need. Job advertisements for LT positions must be advertised for the actual duration of the assignment that the business need requires. For example, if backfilling behind an employee who is out on a leave of absence for nine (9) months, the job advertisement should reflect LT nine (9) months.
Termination
An LT appointment may be terminated at any time by either the employee or the appointing power, except for Limited Examination and Appointment Program (LEAP) candidates competing in an examination appointment by way of an LT appointment.
When terminating an LT appointment, the appointing power shall provide oral or written notice of the termination. It is DGS’ best practice to provide written notice at least 15 calendar days prior to the effective date of the termination. LT terminations should be directed to the Office of Human Resources’ (OHR) Classification & Pay (C&P) Unit for the preparation of the LT Termination Notice. An LT employee whose term of employment has been terminated has no right of appeal with SPB.
If separated for cause, the appointing power shall provide written notice to the employee, on or before the date of separation, indicating the reasons for the separation. An LT employee whose term of employment has been terminated for cause has a right of appeal with SPB. OHR’s Constructive Intervention Unit (CIU) should be contacted for LT Terminations for cause.
For terminations of LEAP candidates, the DGS Equal Employment Opportunity Office must be contacted.
Reinstatement
An employee who has had permanent civil service status prior to accepting an LT appointment, and who has no intervening break in service due to a permanent separation, has the right to reinstate to their former position upon the termination of the LT appointment. Reinstatement must be requested by the employee within ten (10) days of the termination of the LT appointment. Requests for reinstatement must be made to the Personnel Officer of the former department.
If a position was backfilled on a permanent basis behind an employee who accepted an LT appointment or T&D assignment, and the employee requests to return, the employee shall be returned to a vacant coded position in the program the employee came from.
If no coded position is available at the time of the employee’s return, a blanket position shall be established for the employee to return to. As soon as a coded position is available, the employee is to be transitioned from the blanket into the coded position with the blanket position being eliminated thereafter.
Employee List Eligibility
Departments may hold examinations and establish eligible lists exclusively for making LT appointments when the needs of the service require limited-duration positions.
When appointed to an LT position, the candidate remains active on the employment list for permanent certification. Should a permanent position become available and the candidate has eligibility for a permanent appointment, they may be appointed at which time their name shall be removed from the employment list.
Upon the recommendation of an appointing power and with approval of the Department of Human Resources (CalHR), the name of an employee who has served satisfactorily under an LT appointment and who resigns may be restored to the employment list for further LT certification.
Departments may establish preferred limited term (PLT) lists for any class containing the names of LT employees who have served satisfactorily in positions recurring seasonally and who have been recommended by the appointing power for inclusion on such list. Such lists shall be established to correspond to the same geographical, organizational, or functional subdivisions of state agencies to that of reemployment lists established for the same class. Eligible candidates on the list shall be included on the list in the relative order of the original examination ratings.
Established PLT lists for the agency shall be given preference over the eligible list but not over any other employment list such as Reemployment and State Restriction of Appointments (SROA) lists. Under no circumstance shall any person be certified from the PLT to a permanent position or be permitted to acquire permanent status as a result of certification and appointment from such list.
Permanent Eligibility
No person shall be given a permanent appointment nor gain permanent status by appointment from an LT eligible list, unless advertising for the LT position complies with the requirements of CCR Section 249.1.1 and the employee otherwise has eligibility for permanent appointment to the classification.
CCR Section 249.1.1 requires that job announcements for LT vacancies include notice of the possibility of converting to a permanent appointment at a later date in order for an LT employee to be appointed to the position as a permanent civil service employee without a new selection process provided that:
- The employee was eligible for permanent appointment at either the time of the LT appointment; or
- At the time of the transition to permanent tenure; and
- SROA and reemployment for the permanent appointment were cleared at the time of the LT appointment or the time of the transition to permanent tenure.
It is DGS’ practice to include notice of the possibility of LT appointments becoming permanent, being extended, or being cancelled at any time on all LT job announcements.
State Service
Employees serving in an LT appointment who have previously had permanent or probationary status maintain the continuity of state service and thereby preserve previously acquired status rights.
Procedure
The table below outlines the process for LT vacancy recruitments:
Step | Action |
---|---|
1 |
Hiring Office
Note: The Justification Memorandum must include the reason for the temporary staffing need, explanation of the reasons why the appointment may become permanent (if applicable) and be signed by an authorized person acknowledging that the justification correctly reflects those reasons. The date of signing, representative’s name, title, address, email address, and phone number shall be included and legible. Handwritten, electronic, or digital signatures are acceptable. |
2 |
C&P Unit
|
3 |
Certification Unit
|
4 |
Hiring Office
|
LT to Permanent Transition Process
The table below outlines the process for transitioning LT appointments to permanent appointments:
Step | Action |
---|---|
1 |
Hiring Office
|
2 |
Examinations Unit
|
3 |
Hiring Office
Note: The Justification Memorandum must indicate the reason(s) the appointment is being made permanent and be signed by an authorized representative. The date of signing, representative’s name, title, address, email address, and phone number shall be included and legible. Handwritten, electronic, or digital signatures are acceptable. |
4 |
C&P Unit
|
5 |
Certification Unit
|
6 |
C&P Unit
|
7 |
PTU
|
Extension of LT Appointment Process
The table below outlines the process for extending an LT appointment:
Step | Action |
---|---|
1 |
Hiring Office
Note: The Justification Memorandum must indicate the reason the LT needs to be extended, not to exceed the maximum 24 months allowed, and be signed by an authorized representative. The date of signing, representative’s name, title, address, email address, and phone number shall be included and legible. Handwritten, electronic, or digital signatures are acceptable. |
2 |
C&P Unit
|
3 |
PTU
|
Termination of LT Appointment Process
The table below outlines the process for terminating an LT appointment without cause:
Step | Action |
---|---|
1 |
Hiring Office
Note: For terminations of LT appointments for cause, CIU should be contacted. For terminations of LT appointments of LEAP candidates, EEO should be contacted. |
2 |
C&P Unit
Note: It is recommended that the supervisor inform the employee of the termination of the LT appointment and to expect a notice prior to OHR sending the formal notice. Note: It is DGS’ best practice to provide written notice at least 15 calendar days prior to the effective date of the termination. |
3 |
PTU
|
Reinstatement of LT Appointment Process
The table below outlines the process for reinstatement without cause:
Step | Action |
---|---|
1 |
Employee
Note: Employee must contact the Personnel Officer within 10 business days of separation. |
2 |
Personnel Officer
|
3 |
Hiring Office
Note: If no vacancy is available, submits a request to place the employee into a temporary blanket position. Coded vacancies must be closely monitored to transition the employee from blanket into coded position as soon as one becomes available.
|
4 |
C&P Unit
|
5 |
PTU
|
Resources
Government Code Sections
- 18530 – Definition of Limited Term Employee
- 18532 – Definition of Eligibility List
- 19054 – Order of Preference in Certifying Eligibility
- 19080, 19080.3, 19080.5 – Reason and Duration
- 19081 – Certification List
- 19082 – Preferred Limited Term List
- 19083 – Conditions of Limited Term Appointment
California Code of Regulations
- 152 – Preferred Limited Term List
- 249.1.1 - Job Announcement
- 280 – Purpose of Limited Term Appointments
- 280.1 - Written Justification
- 281 – Position of Permanent Status
- 282 – Termination
- 428, 429, 430, 434 – Prohibits Voluntary and Involuntary Transfers
- 439 – Inclusion of Training and Development as option to fill Limited Term positions
Other Reference Materials
- Hiring Toolkit
- Bargaining/ Contracts
- Personnel Operations Manual
- LEAP Section
- Permissive Reinstatement Section
- Request of Personnel Action Section
- Transfer Section
Responsible Control Agencies