BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 855
                                                                  Page  1

          Date of Hearing:   May 8, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     AB 855 (Brown) - As Amended:  April 1, 2013 

          Policy Committee:                              PERSSVote:5-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill allows a state employee who is absent without leave to  
          demonstrate he or she is able to resume job duties by submitting  
          written verification from a licensed healthcare provider, as  
          specified, and requires the California Department of Human  
          Resources (CalHR) to grant reinstatement if the appointing power  
          improperly invokes the automatic resignation for state service  
          provisions before the employee is absent without leave (AWOL)  
          for the required five consecutive work days. 

           FISCAL EFFECT  

          Negligible fiscal impact.

           COMMENTS  

           1)Purpose .  According to the author, AB 855 will strengthen due  
            process for state workers who are AWOL by allowing an  
            administrative law judge to determine whether the state  
            properly invoked the AWOL statute to terminate an employee.   
            This bill also codifies an existing practice that allows an  
            employee to demonstrate that he or she is able to return to  
            work by submitting written verification from a licensed health  
            care provider that shows the employee is released to return to  
            work.

           2)Support  .  According to the bill's sponsor, Service Employees  
            International Union, Local 1000, this bill strengthens due  
            process by allowing an administrative law judge (ALJ) to  
            determine whether the state departments properly invoked the  
            AWOL rule.  If the rule is not properly applied, an employee  
            has two options when contesting the invocation of the AWOL  








                                                                  AB 855
                                                                  Page  2

            statute, an informal request with the department, or a request  
            to CalHR for reinstatement.  However, the CalHR ALJ cannot  
            consider if the appointing authority correctly invoked the  
            AWOL statute.

           3)Background  .  A state employee who is absent without leave for  
            five consecutive working days automatically resigns from state  
            service.  An employee can request reinstatement which may be  
            granted provided that a satisfactory explanation is made as to  
            the cause of the absence and the employee is able to return to  
            work. 


           Analysis Prepared by  :    Roger Dunstan / APPR. / (916) 319-2081