BILL NUMBER: AB 1950	CHAPTERED  08/26/02

	CHAPTER  236
	FILED WITH SECRETARY OF STATE  AUGUST 26, 2002
	APPROVED BY GOVERNOR  AUGUST 24, 2002
	PASSED THE SENATE  AUGUST 8, 2002
	PASSED THE ASSEMBLY  MAY 16, 2002
	AMENDED IN ASSEMBLY  APRIL 23, 2002
	AMENDED IN ASSEMBLY  APRIL 15, 2002

INTRODUCED BY   Assembly Member Wright

                        FEBRUARY 14, 2002

   An act to amend Section 19170 of the Government Code, relating to
state employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1950, Wright.  State employment:  probation.
   Existing law provides that the State Personnel Board shall
establish for each class of position in civil service the length of
the probationary period.  Existing law provides that the probationary
period that shall be served by a state employee upon appointment
shall be 6 months unless the board establishes a longer period of not
more than one year.  The board is authorized to provide by rule for
increasing the length of an individual probationary period in the
case of an employee's absence, as specified.
   Existing law also provides that it is the policy of the state that
qualified individuals with a disability shall be employed in the
state service and that a department, agency, or commission shall make
reasonable accommodation to the known physical or mental limitations
of an otherwise qualified applicant or employee with a disability,
as specified.
   This bill would provide that, upon written agreement between an
appointing power and an employee who alleges that he or she has a
disability, as defined, and subject to approval of the agreement by
the State Personnel Board, the employee's probationary period may be
extended, for a period not to exceed 6 months, to allow the
appointing power to provide a reasonable accommodation to the
employee and the employee to demonstrate, before the probationary
period ends, the ability to perform satisfactorily the essential
functions of the position with reasonable accommodation.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 19170 of the Government Code is amended to
read:
   19170.  (a) The board shall establish for each class the length of
the probationary period.  The probationary period that shall be
served upon appointment shall be six months unless the board
establishes a longer period of not more than one year.
   (b) The board may provide by rule for either of the following:
   (1) Increasing the length of individual probationary periods by
adding thereto periods of time during which an employee, while
serving as a probationer, is absent from his or her position.
   (2) Requiring an additional period not to exceed the length of the
original probationary period when a probationary employee returns
after an extended period of absence and the remainder of the
probationary period is insufficient to evaluate his or her current
performance.
   (c) Upon written agreement between an appointing power and an
employee who alleges that he or she has a disability, as defined in
Section 12926, subject to approval of the agreement by the board, the
employee's probationary period may be extended for a period, not to
exceed six months, to allow the appointing power to provide a
reasonable accommodation to the employee and the employee to
demonstrate, before the probationary period ends, the ability to
perform satisfactorily the essential functions of the position with
reasonable accommodation.  Nothing in this subdivision may relieve an
appointing power from complying with applicable law requiring
reasonable accommodation or prohibiting discrimination based on
disability, and no employee, as a condition of an agreement to extend
the probationary period, may be required to waive or release any
rights he or she may have under applicable law requiring reasonable
accommodation or prohibiting discrimination based on disability.