Bill Text: CA SB510 | 2023-2024 | Regular Session | Amended

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

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Bill Title: State civil service: probationary periods.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-07-13 - Chaptered by Secretary of State. Chapter 74, Statutes of 2023. [SB510 Detail]

Download: California-2023-SB510-Amended.html

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Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 510

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Introduced by Senator Laird

February 14, 2023

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An act to amend Section 8311 19170 of the Government Code, relating to state government.

LEGISLATIVE COUNSEL'S DIGEST

SB 510, as amended, Laird. State government: mailed notice. State civil service: probationary periods.

The California Constitution establishes the state civil service for state employees, with specified exceptions. Existing law requires the State Personnel Board to establish a probationary period for each class of employee in state service, which is generally required to be 6 months, unless the board establishes a longer period not to exceed one year, and requires that the period be served, upon appointment.

This bill would recast these provisions to specify that the probationary period commences on the first day that the employee reports to work or begins performing the job duties. The bill would make other conforming and nonsubstantive changes to those provisions.

Existing law deems any notice or other communication required by law to be mailed by registered mail to or by the state, or any officer or agency thereof, to be mailed in sufficient compliance with that law if the mailing of the notice or other communication is by certified mail or another means of physical delivery that provides a receipt.

This bill would make nonsubstantive changes to this provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 19170 of the Government Code is amended to read:

19170.

 (a) The board shall establish for each class the length of the probationary period. period for each class to be six months, unless the board establishes a longer period of not more than one year. The probationary period that shall be served upon appointment shall be six months unless the board establishes a longer period of not more than one year. commences on the first day the employee reports to work or begins performing the job duties.

(b) By rule, the board may:

(1) Increase the length of individual probationary periods by adding periods of time to any periods of time an employee, while serving as a probationer, is absent from his or her the employee’s position.

(2) Require an additional probationary period not to exceed the length of the probationary period of the class in which the probationer was appointed when the probationary employee returns after an extended period of absence and the remainder of the probationary period is insufficient to evaluate his or her the probationary employee’s current performance.

(c) Upon written agreement between an appointing power and an employee who alleges that he or she has they have a disability, as defined in Section 12926, subject to approval of the agreement by the board, the employee’s probationary period may be extended for a period, not to exceed six months, to allow the appointing power to provide a reasonable accommodation to the employee and the employee to demonstrate, before the probationary period ends, the ability to perform satisfactorily the essential functions of the position with reasonable accommodation. Nothing in this subdivision may relieve an appointing power from complying with applicable law requiring reasonable accommodation or prohibiting discrimination based on disability, and no employee, as a condition of an agreement to extend the probationary period, may be required to waive or release any rights he or she they may have under applicable law requiring reasonable accommodation or prohibiting discrimination based on disability.

SECTION 1.Section 8311 of the Government Code is amended to read:

8311.

Wherever a notice or other communication is required by any law to be mailed by registered mail to or by the state, or any officer or agency thereof, the mailing of the notice or other communication by certified mail or any other means of physical delivery that provides a receipt shall be deemed to be a sufficient compliance with the requirements of that law.