PERB: file unfair practice charge within 6 months of the alleged unfair practice

6 months after date of the alleged unfair practice (when charging party knew or should have known), under Gov. Code 3541.5(a)(1) (EERA); 3514.5(a)(1) (Dills Act); 3563.2(a) (HEERA).

Rule text

Gov. Code 3541.5(a): "Any employee, employee organization, or employer shall have the right to file an unfair practice charge, except that the board shall not do either of the following: (1) Issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge."

Gov. Code 3541.5(a)(1) (EERA); 3514.5(a)(1) (Dills Act); 3563.2(a) (HEERA), official source

Calculate this deadline

Deadline
Thursday, May 6, 2027
  1. Trigger (Date of the alleged unfair practice (when charging party knew or should have known)): Friday, November 6, 2026.
  2. Add 6 months: Thursday, May 6, 2027.
Rules applied
Gov. Code 3541.5(a)(1) (EERA); 3514.5(a)(1) (Dills Act); 3563.2(a) (HEERA)
Gov. Code 3541.5(a): "Any employee, employee organization, or employer shall have the right to file an unfair practice charge, except that the board shall not do either of the following: (1) Issue a complaint in respect of any charge based upon an alleged unfair practice occurring more than six months prior to the filing of the charge."
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • Same 6-month language in 3514.5(a)(1) and 3563.2(a). Tolled while the charging party exhausts contractual grievance machinery (3541.5(a)(2), 3514.5(a)(2)). The 6-month limit for MMBA, Trial Court Act, TEERA and other PERB statutes was NOT verified in this pass (Gov. Code 3509 text fetched does not state it). Accrual (knew or should have known) is case law, not modeled. PERB roll rule (8 CCR 32130(b)) includes all Gov. Code 6700/6701 holidays.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date of the alleged unfair practice (when charging party knew or should have known) on Monday, March 15, 2027, personal service: due Wednesday, September 15, 2027.

  1. Trigger (Date of the alleged unfair practice (when charging party knew or should have known)): Monday, March 15, 2027.
  2. Add 6 months: Wednesday, September 15, 2027.

Notes

Same 6-month language in 3514.5(a)(1) and 3563.2(a). Tolled while the charging party exhausts contractual grievance machinery (3541.5(a)(2), 3514.5(a)(2)). The 6-month limit for MMBA, Trial Court Act, TEERA and other PERB statutes was NOT verified in this pass (Gov. Code 3509 text fetched does not state it). Accrual (knew or should have known) is case law, not modeled. PERB roll rule (8 CCR 32130(b)) includes all Gov. Code 6700/6701 holidays.

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Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.