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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Sponsorship: Partisan Bill (Democrat 1)

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

Download: California-2013-AB855-Amended.html

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BILL NUMBER: AB 855	AMENDED
	BILL TEXT

	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 an employee may 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 bill would require the department to grant
reinstatement if the hiring authority invokes these provisions before
the employee is absent without leave for 5 consecutive work days.
   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) (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) Except as provided in subdivision (c), 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) 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.