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HomeGovernment CodeDiv. 5Pt. 3Ch. 1Art. 2§ 20028 Employee Definition Public Employers

§ 20028 Employee Definition Public Employers

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 20028 Employee Definition Public Employers

Key Takeaways

  • •This law defines who counts as an 'employee' for certain jobs in California.
  • •It includes people who work for the state, schools, universities, and some hospitals or health departments.
  • •If you work for the state or these places, your pay comes from their money, not from cities or other groups.
  • •Some workers, like National Guard members, are also included if they do certain types of service.

Example

A teacher working at a public school in California.

The teacher is an 'employee' under this law because they work for a school, and their pay comes from school funds.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 20028 Employee Definition Public Employers

“Employee” means all of the following: (a) Any person in the employ of the state, a county superintendent of schools, or the university whose compensation, or at least that portion of his or her compensation that is provided by the state, a county superintendent of schools, or the university, is paid out of funds directly controlled by the state, a county superintendent of schools, or the university, excluding all other political subdivisions, municipal, public and quasi-public corporations. “Funds directly controlled by the state” includes funds deposited in and disbursed from the State Treasury in payment of compensation, regardless of their source. (b) Any person in the employ of any contracting agency. (c) City employees who prior to the effective date of the contract with the hospital are assigned to a hospital that became a contracting agency because of subdivision (p) of Section 20057 shall be deemed hospital employees from and after the effective date of the contract with the hospital for retirement purposes. City employees who after the effective date of the contract with the hospital become employed by the hospital, shall be considered as new employees of the hospital for retirement purposes. (d) Any person in the employ of a school employer. (e) Public health department or district employees who were employees prior to the date of assumption of the contract by the governing body of a county of the 15th class shall be deemed public health department or district employees from and after the effective date of assumption of the contract for retirement purposes. Employees who after the effective date of assumption of the contract become employed by the public health department or district shall be considered as new employees for retirement purposes. (f) Officers, warrant officers, and enlisted personnel of the California National Guard not otherwise described in subdivision (a) rendering service authorized by Title 32 of the United States Code. (Amended by Stats. 2007, Ch. 355, Sec. 2. Effective January 1, 2008.)

Last verified: January 22, 2026

Key Terms

Employeecontracting agencyCalifornia National Guardschool employerpublic health department or district employees

Related Statutes

  • § 20030 Public Employer Definition
  • § 22783 School Employer Definition
  • § 18526 State Employee Definition
  • § 20039.5 National Guard Pension Calculation
  • § 20042 Final Compensation Calculation Election

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 20028.
View Official Source