BILL NUMBER: AB 855	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 14, 2013
	AMENDED IN ASSEMBLY  APRIL 1, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

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  provide that   permit 
an employee  may   to 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 
    This  bill would require the department to grant
reinstatement if the hiring authority  invokes these
provisions   separates an employee from state se 
 rvice pursuant to those provisions  before the 
employee is absent without leave for 5 consecutive work days
  expiration of the 5th working day  .
   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. 
   (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.  
   (b) 
    (c)  (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.

   (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.  
   (4) 
    (3)  Except as provided in subdivision  (c),
  (d),  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. 
   (c) 
    (d) 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.