Amended in Senate August 14, 2013

Amended in Assembly April 1, 2013

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 19996.2 of the Government Code, relating to public employment.

LEGISLATIVE COUNSEL’S DIGEST

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 begin delete provide that end delete begin insert permit end insert an employee begin delete may end delete begin insert to end insert 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. begin delete The end delete

begin insert This end insert bill would require the department to grant reinstatement if the hiring authority begin delete invokes these provisions end delete begin insert separates an employee from state service pursuant to those provisions end insert before the begin delete employee is absent without leave for 5 consecutive work days end delete begin insert expiration of the 5th working day end insert .

Vote: majority. Appropriation: no. Fiscal committee: 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.

begin insert

(b) The department shall grant reinstatement if the hiring
authority, in violation of paragraph (a), separates an employee
for absence without leave pursuant to this section prior to the
expiration of the fifth working day. However, nothing in this
paragraph limits the hiring authority’s right to otherwise dismiss
or discipline an employee.

end insert begin delete

(b)

end delete

begin insert (c) end insert  (1) A permanent or probationary employee may, within 90
days of the effective date of a separation described in subdivision
(a), file a written request with the department for reinstatement.
However, if the appointing power has notified the employee of his
or her automatic resignation, any request for reinstatement 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 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.

(B) The department finds that 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.

(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.

begin delete

(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. However, nothing in this
provision limits the hiring authority’s right to otherwise terminate
an employee.

end delete begin delete

(4)

end delete

begin insert (3) end insert  Except as provided in subdivision begin delete (c), end delete begin insert (d), end insert an employee
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.

begin delete

(c)

end delete

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