Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 855

Introduced by Assembly Member Brown

February 21, 2013

An act to amend Section begin delete 11502 end delete begin insert 19996.2 end insert of the Government Code, relating to begin delete administrative law judges end delete begin insert public employment end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 855, as amended, Brown. begin delete Courts: administrative law judges. end delete begin insert State employees: absence without leave: reinstatement. end insert

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The State Civil Service Act provides that absence without leave for 5 consecutive working days is an automatic resignation from state service, as of the last date on which the employee worked. The act provides a procedure for a permanent or probationary state employee to seek reinstatement and for the Department of Human Resources to grant reinstatement. Reinstatement may be granted if (1) the employee makes a satisfactory explanation to the department as to the cause of his or her absence and his or her failure to obtain leave, and (2) the department finds that the employee is ready, able, and willing to resume the discharge of the duties of his or her position or has obtained consent for a leave of absence.

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This bill would provide that an employee may demonstrate that he or she is ready, able, and willing to resume the discharge of the duties of his or her position by submitting written verification from a licensed health care provider that shows the employee is released to return to work. The bill would require the department to grant reinstatement if the hiring authority invokes these provisions before the employee is absent without leave for 5 consecutive work days.

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The Administrative Procedure Act contains provisions governing the conduct of administrative adjudication and rulemaking proceedings of state agencies.

end delete begin delete

This bill would make technical, nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 19996.2 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

19996.2.  

(a) Absence without leave, whether voluntary or
involuntary, for five consecutive working days is an automatic
resignation from state service, as of the last date on which the
employee worked.

begin delete

A

end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert A end insert permanent or probationary employee may begin insert , end insert within 90
days of the effective date of begin delete such end delete begin insert a end insert separation begin insert described in
subdivision (a) end insert , file a written request with the department for
reinstatement begin delete ; provided, that end delete begin insert . However, end insert if the appointing power
has notified the employee of his or her automatic resignation, any
request for reinstatement begin delete must end delete begin insert shall end insert be made in writing and filed
within 15 days of the service of notice of separation. Service of
notice shall be made as provided in Section 18575 and is complete
on mailing. Reinstatement may be granted begin delete only if the end delete begin insert if both of
the following apply: end insert

begin insert (A) end insert begin insert   end insert begin insert The end insert employee makes a satisfactory explanation to the
department as to the cause of his or her absence and his or her
failure to obtain leave begin delete therefor, and the end delete begin insert . end insert

begin insert (B) end insert begin insert   end insert begin insert The end insert department finds that begin delete he or she end delete begin insert the employee end insert is ready,
able, and willing to resume the discharge of the duties of his or
her position or, if not, that he or she has obtained the consent of
his or her appointing power to a leave of absence to commence
upon reinstatement.

begin delete

An

end delete begin insert

(2) An employee may demonstrate to the department that he or
she is ready, able, and willing to resume the discharge of the duties
of his or her position by submitting written verification from a
licensed health care provider that shows the employee is released
to return to work. However, nothing in this section waives the right
of the hiring authority to challenge the validity or accuracy of the
medical verification during any proceedings before the department.

end insert begin insert

(3) The department shall grant reinstatement if the hiring
authority invokes this section before the employee is absent without
leave for five consecutive work days.

end insert

begin insert (4) end insert begin insert   end insert begin insert Except as provided in subdivision (c), an end insert employee begin delete so end delete
reinstated begin insert pursuant to this section end insert shall not be paid salary for the
period of his or her absence or separation begin insert , end insert or for any portion
thereof.

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(b)

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begin insert (c) end insert  If begin delete the provisions of end delete this section begin delete are end delete begin insert is end insert in conflict with begin delete the
provisions of end delete a memorandum of understanding reached pursuant
to Section 3517.5, the memorandum of understanding shall be
controlling without further legislative action begin delete , except that if such
provisions of a end delete begin insert . However, if the end insert memorandum of understanding
begin delete require end delete begin insert requires end insert the expenditure of funds, the begin delete provisions end delete
begin insert memorandum of understanding end insert shall not become effective unless
approved by the Legislature in the annual Budget Act.

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SECTION 1.  

Section 11502 of the Government Code is
amended to read:

11502.  

(a) All hearings of state agencies required to be
conducted under this chapter shall be conducted by an
administrative law judge on the staff of the Office of
Administrative Hearings. This subdivision applies to a hearing
required to be conducted under this chapter that is conducted under
the informal hearing or emergency decision procedure provided
in Chapter 4.5 (commencing with Section 11400).

(b) The Director of the Office of Administrative Hearings has
power to appoint a staff of administrative law judges for the office
as provided in Section 11370.3. Each administrative law judge
shall have been admitted to practice law in this state for at least
five years immediately preceding his or her appointment and shall
possess any additional qualifications established by the State
Personnel Board for the particular class of position involved.

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