AB 855, as amended, Brown. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 19996.2 of the Government Code is
2amended to read:
(a) Absence without leave, whether voluntary or
4involuntary, for five consecutive working days is an automatic
5resignation from state service, as of the last date on which the
6employee worked.
7(b) (1) A permanent or probationary employee may, within 90
8days of the effective date of a separation described in subdivision
9(a), file a written request with the department for reinstatement.
10However, if the appointing power has notified the employee of his
11or her automatic resignation, any request for reinstatement shall
12be made in writing and filed within 15 days of the service of notice
13of separation. Service of notice shall be
made as provided in
14Section 18575 and is complete on mailing. Reinstatement may be
15granted if both of the following apply:
16(A) The employee makes a satisfactory explanation to the
17department as to the cause of his or her absence and his or her
18failure to obtain leave.
19(B) The department finds that the employee is ready, able, and
20willing to resume the discharge of the duties of his or her position
21or, if not, that he or she has obtained the consent of his or her
22appointing power to a leave of absence to commence upon
23reinstatement.
24(2) An employee may demonstrate to the department that he or
25she is ready, able, and willing to resume the discharge of the duties
26of his or her position by submitting written
verification from a
27licensed health care provider that shows the employee is released
28to return to work. However, nothing in this section waives the right
29of the hiring authority to challenge the validity or accuracy of the
30medical verification during any proceedings before the department.
31(3) The department shall grant reinstatement if the hiring
32authority invokes this section before the employee is absent without
33leave for five consecutive work days.begin insert However, nothing in this
P3 1provision limits the hiring authority’s right to otherwise terminate
2an employee.end insert
3(4) Except as provided in subdivision (c), an employee reinstated
4pursuant to this section shall not be paid salary for the period of
5his or
her absence or separation, or for any portion thereof.
6(c) If this section is in conflict with a memorandum of
7understanding reached pursuant to Section 3517.5, the
8memorandum of understanding shall be controlling without further
9legislative action. However, if the memorandum of understanding
10requires the expenditure of funds, the memorandum of
11understanding shall not become effective unless approved by the
12Legislature in the annual Budget Act.
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