BILL ANALYSIS �
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THIRD READING
Bill No: AB 855
Author: Brown (D)
Amended: 8/14/13 in Senate
Vote: 21
SENATE PUBLIC EMPLOY. & RETIRE. COMMITTEE : 3-2, 6/10/13
AYES: Beall, Block, Yee
NOES: Walters, Gaines
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 46-27, 5/20/13 - See last page for vote
SUBJECT : State employees: absence without leave:
reinstatement
SOURCE : SEIU, Local 1000
DIGEST : This bill allows a state employee who is absent
without leave (AWOL) to demonstrate he/she is able to resume job
duties by submitting written verification from a licensed health
care provider, as specified, and requires the 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 AWOL for
five consecutive work days.
Senate Floor Amendments of 8/14/13 clarify the requirement that
CalHR reinstate an employee who was improperly terminated for
being AWOL prior to the end of the fifth consecutive working
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AB 855
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day, and emphasize that nothing in the requirement limits the
hiring authority's right to otherwise dismiss or discipline an
employee.
ANALYSIS :
Existing law:
1. 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.
2. Provides that AWOL by a state employee, whether voluntary or
involuntary, for a period of five consecutive days
constitutes an automatic resignation from state service.
3. 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.
4. Allows (but does not require) CalHR to grant reinstatement
under the following circumstances:
A. The employee makes a satisfactory explanation as to
the cause of the absence and his/her failure to obtain
leave; and
B. The employee is found to be ready, able, and willing
to resume his/her job duties or has obtained consent from
his/her appointing power for a leave of absence.
5. Specifies that an employee who is reinstated under these
provisions will not receive salary for the period of his/her
absence.
6. Specifies that if these provisions are in conflict with the
provisions of a memorandum of understanding (MOU), the MOU
will be controlling, as specified.
This bill:
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1. Allows an employee to demonstrate to CalHR that he/she is
ready, able, and willing to resume his/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.
2. Requires that CalHR reinstate an employee who was terminated
for being AWOL before the five days had elapsed.
3. Clarifies that the employer still has the right to terminate
an employee for other reasons if applicable.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/15/13)
SEIU, Local 1000 (source)
ARGUMENTS IN SUPPORT : According to this bill's sponsor, SEIU,
Local 1000, this bill strengthens due process for state workers
who are 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/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.
The sponsor claims that, 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.
Finally, the sponsor contends that this bill could potentially
save the state money by reducing future litigation costs
associated with improper invocations of the AWOL statute.
ASSEMBLY FLOOR : 46-27, 5/20/13
AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
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AB 855
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Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Eggman, Fong,
Frazier, Gatto, Gomez, Gordon, Roger Hern�ndez, Levine,
Lowenthal, Medina, Mitchell, Mullin, Nazarian, Pan, Patterson,
Perea, V. Manuel P�rez, Quirk, Rendon, Salas, Skinner, Stone,
Ting, Weber, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,
Donnelly, Fox, Beth Gaines, Gorell, Gray, Grove, Hagman,
Harkey, Jones, Linder, Maienschein, Mansoor, Melendez,
Morrell, Muratsuchi, Nestande, Olsen, Quirk-Silva, Wagner,
Waldron, Wilk
NO VOTE RECORDED: Garcia, Hall, Holden, Jones-Sawyer, Logue,
Vacancy, Vacancy
JL:k 8/15/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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