Q) If an employee has two appointments and only one appointment ends, does the procedure apply to the terminating employment?
- A) No, when an employee holds two appointments at the same location and only one appointment ends, then the employee has not separated from the University.
Q) Can a department extend an employee's appointment in order to obtain additional time to submit final hours worked?
- A) No, a department should not change an appointment end date as a method of obtaining additional time to pay the employee.
Q) Does California Assembly Bill 2410 apply to distributions of retirement funds?
- A) No, California Assembly Bill 2410 only applies to wages, not to retirement funds.
Q) Are employees working out-of-state- covered by this policy?
- A) Yes, the policy applies to all University employees working out-of-state, including employees of the Los Alamos National Laboratory.
Q) How does the law related to retroactive wages resulting from a collective bargaining agreement?
- A) Determination is made on a case by case basis. Contact the Payroll Office when an employee is discharged or quits during a time when retroactive wages are to be paid.
Q) Are employees that work out-of-state covered by California Assembly Bill 2410?
- A) Yes, all University employees working out-of-state, including employees of the Los Alamos National Laboratory, are subject to the provisions of the Bill.
Q) Does the AB2410 procedure apply to employees who terminate with the intention of being rehired within a few days? For example, career employees who are accepting per diem appointments are required to have at least a one-day break in service before being rehired.
- A) Yes, if the termination is involuntary or otherwised covered in Termination Benefits. Employees who voluntarily quit their career positions to accept per diem positions are paid via the Payroll compute.
Q) Does the AB2410 procedure apply to employees who have appointment end dates but who resign earlier?
- A) Employees who resign before achieving their appointment end dates are paid via the Payroll compute. The definition of a voluntary quit includes early resignations.
Q) Does California Assembly Bill 2410 apply to Inter-location Transfers?
- A) No, employees who transfer from one campus to another without a break in service are not considered separating from University Service.
Q) If an employee has two appointments and only one appointment ends, does the law apply to the terminating appointment?
- A) No, an employee is only considered to be separating from employment when he/she has no active appointments.
Q) If an employee retires from the University, does that represent a voluntary separation?
- A) Yes, retirements are voluntary separations and all wages due are paid via the Payroll compute.
Q) When a separating employee does not provide his or her timesheet or does not respond to requests for information needed to produce and deliver his/her final paycheck, is the University still obligated to comply with the payment provisions contained in the law?
- A) Yes, departments must make every effort to pay an employee all unpaid wages. When the wages owed are in dispute or unknown, departments should pay all wages that are known to be due the employee. If the dispute can be resolved or when the hours can be determined, the department should pay the amount settled upon. If the dispute can not be resolved or the employee does not provide the necessary documentation, the department will have a reasonable defense if the employee seeks remedies over the disputed amount through the Labor Commissioner.