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

  • Submits RPA in Tracker with the supporting documentation, including but not limited to, the current and proposed Duty Statement(s), current and proposed Organizational Chart(s), Budget Approval Form (DGS OHR 37) if applicable, Job Control (JC) Report Form, and Justification Memorandum.

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

  • Analyzes and reviews the RPA and routes to OHR’s Certification Unit for advertising.
3

Certification Unit

  • Issues LT certification list within the JC, issues a permanent certification list outside of the JC, and sends the names of any General Reemployment (R3) and/or SROA candidates from both the LT and permanent certification lists to the program Employee Resource Liaison (ERL) and C&P Analyst requesting that program clear priority candidates, if applicable.
  • Advertises the vacancy with the standard LT language which states, “This position may become permanent, be extended, or be cancelled at any time.”
  • Cross-references both lists and contacts any R3 or SROA candidates on the permanent certification list that are not on the LT list and notifies them of the LT vacancy.
4

Hiring Office

  • Proceeds with the hiring process. Refer to the RPA section in this manual for assistance.

LT to Permanent Transition Process

The table below outlines the process for transitioning LT appointments to permanent appointments:

Step Action
1

Hiring Office

  • Requests a commitment cert from the OHR Examinations Analyst by copying and filling out the commitment cert chart and sending a request via email toDGSOHR-ExamMQUnit@dgs.ca.gov.
2

Examinations Unit

  • Determines if the LT employee is reachable on the permanent certification list and, if reachable, issues a commitment cert and pulls the employee's employment history (PIMs History). Emails the completed cert chart and redacted PIMs History back to the ERL.
3

Hiring Office

  • Submits an RPA through the Activity Based Management System (ABMS)with the supporting documentation including, but not limited to, the Duty Statement, current and proposed Organizational Charts, Initial Job Advertisement which includes the standard language that states, “This position may become permanent, be extended, or cancelled at any time, "the email received from OHR Examinations Analyst as a PDF confirming eligibility for permanent appointment, and the Justification Memorandum.

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

  • Analyzes and reviews the RPA and routes to the Certification Unit for clearing of the hire in the Exam and Certification Online System (ECOS).
5

Certification Unit

  • Clears the hire in ECOS then routes RPA back to C&P status in ABMS.
6

C&P Unit

  • Finalizes and routes RPA to the Personnel Transactions Unit (PTU) status in ABMS.
7

PTU

  • Keys the permanent list appointment in the State Controller’s Office (SCO) database then marks the RPA complete in ABMS.

Extension of LT Appointment Process

The table below outlines the process for extending an LT appointment:

Step  Action
1

Hiring Office

  • Emails the assigned C&P Analyst the request to extend an LT appointment with a Justification Memorandum attached.

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

  • Re-opens the original RPA that the LT employee was hired on in ABMS, reviews and analyzes the RPA package, amends the length of the LT appointment, and then routes to PTU for keying the extension.
3

PTU

  • Keys the LT extension in the SCO database then marks the RPA complete in ABMS.

Termination of LT Appointment Process

The table below outlines the process for terminating an LT appointment without cause:

Step  Action
1

Hiring Office

  • Contacts the assigned C&P Analyst via email with the request to terminate the LT appointment.

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

  • Reviews and analyzes the request, obtains the employee’s employment history from the SCO database, and determines if the employee has reinstatement rights and if so, where (DGS or another agency).
  • Drafts the written Notice of Termination, obtains OHR management approval, and then informs the employee’s supervisor of the employee’s termination and effective date, and the date that C&P will be sending to the employee the Notice of Termination.
  • Sends the LT Appointment Termination Notice via email, copying all applicable parties, and certified mail on the date specified to the supervisor.

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

  • Keys the separation in the SCO database and files the notice in the employee’s Official Personnel File.

Reinstatement of LT Appointment Process

The table below outlines the process for reinstatement without cause:

Step  Action
1

Employee

  • Contacts the departments Personnel Officer to initiate the process of exercising mandatory reinstatement right.

Note: Employee must contact the Personnel Officer within 10 business days of separation.  
2

Personnel Officer

  • Reviews request to ensure employee has mandatory reinstatement rights. If request is approved, communicates the decision to the hiring office.
3

Hiring Office

  • Identifies a vacant coded position within the program for placement of the employee.

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.

  • Submits an RPA through the Activity Based Management System (ABMS) with the supporting documentation including, but not limited to, the Duty Statement, current and proposed Organizational Charts, and approval email documentation from Personnel Officer.
4

C&P Unit

  • Reviews and analyzes RPA package.
  • Approves and routes to PTU.
5

PTU

  • Keys the reinstatement in the SCO database then marks the RPA complete in ABMS.

Resources

Government Code Sections

California Code of Regulations

Other Reference Materials

Responsible Control Agencies