Bill Text: CA AB855 | 2013-2014 | Regular Session | Enrolled

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Bill Title: State employees: absence without leave: reinstatement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB855 Detail]

Download: California-2013-AB855-Enrolled.html

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BILL NUMBER: AB 855	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 3, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN SENATE  AUGUST 26, 2013
	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, 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 permit an employee 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 his or
her licensed health care provider that shows the employee is released
to return to work.
   This bill would require the department to grant reinstatement if
the hiring authority separates an employee from state service
pursuant to those provisions before the expiration of the 5th working
day.


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.
   (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 his or
her 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.
   (3) Except as provided in subdivision (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.
   (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.