BILL ANALYSIS �
SENATE PUBLIC EMPLOYMENT & RETIREMENT BILL NO: AB 855
Jim Beall, Chair HEARING DATE: June 10, 2013
AB 855 (Brown) as amended 4/01/13 FISCAL: YES
STATE EMPLOYEES: ABSENCE WITHOUT LEAVE AND REINSTATEMENT
HISTORY :
Sponsor: Service Employees International Union, Local 1000
(SEIU)
ASSEMBLY VOTES :
PER & SS 5-2 4/24/13
Appropriations 12-5 5/08/13
Assembly Floor 46-27 5/20/13
SUMMARY :
AB 855 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 state Department of
Human Resources (CalHR) to grant reinstatement if the
appointing power (i.e., the employer) invokes the "automatic
resignation for state service" provisions before the employee
is absent without leave for five consecutive work days.
BACKGROUND AND ANALYSIS :
1) Existing law :
a) establishes CalHR, which provides oversight of state
human resources and the civil service, including hiring,
discipline, collective bargaining, classification and
compensation, and other aspects of human resources
administration for the state's various agencies,
departments, boards and commissions.
b) provides that absence without leave by a state
employee, whether voluntary or involuntary, for a period
of five consecutive days constitutes an automatic
Pamela Schneider
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resignation from state service.
c) establishes a process for a permanent or probationary
employee, within 90 days of the effective date of such
separation, to seek reinstatement and for CalHR to grant
reinstatement.
d) allows (but does not require) CalHR to grant
reinstatement under the following circumstances:
i. the employee makes a satisfactory explanation as to
the cause of the absence and his or her failure to
obtain leave; and,
ii. the employee is found to be ready, able, and
willing to resume his or her job duties or has obtained
consent from his or her appointing power for a leave of
absence.
e) specifies that an employee who is reinstated under
these provisions will not receive salary for the period
of his or her absence.
f) specifies that if these provisions are in conflict with
the provisions of a memorandum of understanding (MOU),
the MOU will be controlling, as specified.
2) This bill :
a) allows an employee to demonstrate to CalHR that he or
she is ready, able, and willing to resume his or her
duties by submitting written verification to that effect
from a licensed health care provider, but preserves the
right of the employer to challenge the accuracy or
validity of the medical verification in any proceedings
before CalHR.
b) requires that CalHR reinstate an employee who was
terminated for being absent without leave before the 5
days had elapsed.
c) clarifies that the employer still has the right to
terminate an employee for other reasons if applicable.
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FISCAL :
The Assembly Appropriations Committee notes "negligible
fiscal impact."
COMMENTS :
1) Argument in Support
According to the sponsor, AB 855 would strengthen due process
for state workers who are absent without leave (or AWOL) by
allowing an Administrative Law Judge (ALJ) to make a
determination whether the state properly invoked the AWOL
statute to terminate an employee and codifying "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."
Additionally, in some cases, the AWOL statute is invoked
before the employee is AWOL for five consecutive work days,
but the CalHR ALJ cannot consider whether or not the
appointing authority properly invoked the AWOL statute. "AB
855 will allow an ALJ to consider whether or not the AWOL
statute was properly invoked by the department."
Finally, the sponsor contends that AB 855 "could potentially
save the state money by reducing future litigation costs
associated with improper invocations of the AWOL statute."
2) SUPPORT :
Service Employees International Union, Local 1000 (SEIU),
Sponsor
3) OPPOSITION :
None to date
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