BILL NUMBER: AB 855	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Brown

                        FEBRUARY 21, 2013

   An act to amend Section  11502   19996.2
 of the Government Code, relating to  administrative law
judges   publ   ic employment  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 855, as amended, Brown.  Courts: administrative law
judges.   State employees: absence without leave:
reinstatement.  
   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.  
   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.
 
   The Administrative Procedure Act contains provisions governing the
conduct of administrative adjudication and rulemaking proceedings of
state agencies.  
   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 19996.2 of the   
 Government Code   is amended to read: 
   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. 
   A 
    (b)    (1)     A 
permanent or probationary employee may  ,  within 90 days of
the effective date of  such   a 
separation  described in subdivision (a)  , file a written
request with the department for reinstatement  ; provided,
that  . However,  if the appointing power has
notified the employee of his or her automatic resignation, any
request for reinstatement  must   shall  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
 only if the   if both of the following apply:

    (A)     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 therefor,
and the   . 
    (B)     The  department finds that
 he or she  the employee  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. 
   An  
   (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.
 
   (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. 
    (4)     Except as provided in subdivision
(c), an  employee  so  reinstated  pursuant
to this section  shall not be paid salary for the period of his
or her absence or separation  ,  or for any portion
thereof. 
   (b) 
    (c)  If  the provisions of  this
section  are   is  in conflict with
 the provisions of  a memorandum of understanding
reached pursuant to Section 3517.5, the memorandum of understanding
shall be controlling without further legislative action  ,
except that if such provisions of a   . However, if the
 memorandum of understanding  require  
requires  the expenditure of funds, the  provisions
  memorandum of understanding  shall not become
effective unless approved by the Legislature in the annual Budget
Act. 
  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.