SECTIONS 19140-19144 - California Statutes

GOVERNMENT CODE

SECTION 19140-19144

19140. (a) In addition to reinstatement required under any other
section, an appointing power may, in his or her discretion, reinstate
any person having probationary or permanent status who was separated
from his or her position (1) by resignation, (2) by service
retirement, (3) by termination from limited-term, temporary, career
executive assignment, or exempt appointment, (4) under Section
19996.2, or (5) without a break in continuity of state service to
accept another civil service or exempt appointment. In addition, an
employee who was separated from his or her position under Section
19585 shall have permissive reinstatement eligibility to that
position when he or she again meets the requirements for continuing
employment in that position, and shall have permissive reinstatement
eligibility for any other position as provided by this section.
(b) Reinstatement shall be undertaken subject to board rule.
(c) Reinstatement shall be undertaken within three years if the
employee, at the time of separation, was a member of the California
Highway Patrol.
(d) For reinstatement after separation, for members of the
California Highway Patrol, the time spent in any of the following
positions shall not be considered in computing the three-year period:
(1) In a position which is exempt from civil service.
(2) As a temporary employee in another governmental agency engaged
in a technical cooperation program under an agreement approved by
the state.
(3) In a recognized military service.
(e) A member of the California Highway Patrol separated from state
service may be reinstated to an otherwise appropriate nonmember
class even if the separation exceeds three years.
(f) Reinstatement shall be made to any of the following vacant
positions:
(1) The class vacated or from which separated.
(2) A lower class in the same series.
(3) Another class to which the employee could transfer or demote
in accordance with board rule.
An employee, including a member of the California Highway Patrol,
separated from his or her former position in state service by layoff,
or by resignation or demotion in lieu of layoff, may be reinstated
at the discretion of the appointing power. However, the reinstatement
is subject to the requirements of this section and shall not be to a
position that is specifically subject to the employee's reemployment
list eligibility.

19140.5. This section applies only to a permanent employee, or an
employee who previously had permanent status and who, since receiving
permanent status, has had no break in the continuity of state
service due to a permanent separation.
An employee who is (a) terminated from a temporary or limited-term
appointment by either the employee or the appointing power; or (b)
rejected during probation; or (c) demoted from a managerial position
pursuant to Section 19590; shall be reinstated to his or her former
position provided all of the following conditions occur:
(1) The employee accepted the appointment without a break in the
continuity of state service.
(2) The reinstatement is requested in the manner provided by board
rule within 10 working days after the effective date of the
termination.

19141. (a) This section applies only to a permanent employee, or an
employee who previously had permanent status and who, since that
permanent status, has had no break in the continuity of his or her
state service due to a permanent separation. As used in this section,
"former position" is defined as in Section 18522, or, if the
appointing power to which reinstatement is to be made and the
employee agree, a vacant position in any department, commission, or
state agency for which he or she is qualified at substantially the
same level.
(b) Within the periods of time specified below, an employee who
vacates a civil service position to accept an appointment to an
exempt position shall be reinstated to his or her former position at
the termination either by the employee or appointing power of the
exempt appointment, provided he or she (1) accepted the appointment
without a break in the continuity of state service, and (2) requests
in writing reinstatement of the appointing power of his or her former
position within 10 working days after the effective date of the
termination.
(c) The reinstatement may be requested by the employee only within
the following periods of time:
(1) At any time after the effective date of the exempt appointment
if the employee was appointed under one of the following:
(A) Subdivision (a), (b), (c), (d), (e), (f), (g), or (m) of
Section 4 of Article VII of the California Constitution.
(B) Section 2.1 of Article IX of the California Constitution.
(C) Section 22 of Article XX of the California Constitution.
(D) To an exempt position under the same appointing power as the
former position even though a shorter period of time may be otherwise
specified for that appointment.
(2) Within six months after the effective date of the exempt
appointment if appointed under subdivision (h), (i), (k), or (l) of
Section 4 of Article VII of the California Constitution.
(3) Within four years after the effective date of an exempt
appointment if appointed under any other authority.
(d) An employee who vacates his or her civil service position to
accept an assignment as a member, inmate, or patient helper under
subdivision (j) of Section 4 of Article VII of the California
Constitution shall not have a right to reinstatement.
(e) An employee who is serving under an exempt appointment retains
a right of reinstatement when he or she accepts an extension of that
exempt appointment or accepts a new exempt appointment, provided the
extension or new appointment is made within the specified
reinstatement time limit and there is no break in the continuity of
state service. The period for which that right is retained is for the
period applicable to the extended or new exempt appointment as if
that appointment had been made on the date of the initial exempt
appointment.
(f) When an employee exercises his or her right of reinstatement
and returns to his or her former position, the service while under an
exempt appointment shall be deemed to be time served in the former
position for the purpose of determining his or her seniority and
eligibility for merit salary increases.
(g) If the termination of an exempt appointment is for a reason
contained in Section 19997 and the employee does not have a right to
reinstatement, he or she shall have his or her name placed on the
departmental and general reemployment lists for the class of his or
her former position.

19141.1. (a) This section applies only to a permanent employee, or
an employee who previously had permanent status, and who has a
reinstatement right pursuant to Section 19141. The State Personnel
Board may adopt rules to implement this section.
(b) Within four years of the termination of an appointment in an
exempt position, either by the employee or the appointing power, an
employee who has completed a minimum of five years of state service
experience and at least one year but less than three years of exempt
service shall be given an opportunity upon request to obtain civil
service appointment eligibility, through a deferred examination, for
any position offered by any appointing power in any class for which a
current eligible list exists and which has a salary range up to two
steps higher than the employee's former position. If the employee has
three or more years of exempt service, the opportunity shall be
provided for any class at least two salary steps below the employee's
exempt salary level.
(c) At the termination of an exempt appointment, either by the
employee or the appointing power, on or after January 1, 1987, an
employee who has at least 10 years of state service including five
years of civil service experience and at least three consecutive
years of exempt service under a single appointing power and who
requests reinstatement in writing within 10 days of the termination,
shall be reinstated upon request to (1) his or her former position or
(2) any vacant position for which the employee has civil service
eligibility under the appointing power where the three years of
service were completed and which is at least two salary steps below
the employee's exempt salary level. In the absence of current list
eligibility, an employee shall be entitled to a deferred examination
for placement on a current eligible list for classes meeting the
mandatory reinstatement criteria. If the employee obtains civil
service appointment eligibility at any time within two years of the
termination of the exempt appointment, and a vacant position in the
appropriate class is not available, the employee's name shall be
placed on the appointing power's departmental or subdivisional
reemployment for any classes and locations which would satisfy the
employee's reinstatement request. Departmental or subdivisional
reemployment list eligibility granted under this section shall not
result in placement on any general reemployment list.
If an employee cannot be placed in a vacant position pursuant to
this section, the employee shall be reinstated to his or her former
position.

19142. (a) Every person accepts and holds a position in the state
civil service subject to mandatory reinstatement of another person.
(b) Upon reinstatement of a person any necessary separations are
effected under the provisions of Section 19997.3 governing layoff and
demotion except that (1) an employee who is not to be separated from
state service need not receive advance notification as provided in
Section 19997.13, and (2) seniority may not be counted as provided in
Section 19997.3 when this would result in the layoff of the person
who has the reinstatement right. Under that circumstance, qualifying
service in classes at substantially the same or higher salary level
is the only state service that may be counted for purposes of
determining who is to be separated.

19143. At the termination of any temporary separation, except
termination of a permanent or probationary employee by layoff and
termination by displacement, as defined in board regulation, the
employee shall be reinstated to his or her former position, as
defined in Section 18522, unless some other reinstatement right is
specified for the particular temporary separation in the Civil
Service Act or board regulation.

19144. Subject to Sections 21223 and 21224, a person who has
retired from state civil service may be employed temporarily in a
civil service position at any time following retirement, provided
that the position is either:
(a) In the class in which the person had permanent or probationary
status or a career executive assignment appointment at the time of
retirement.
(b) In another class to which the person could have been
permanently transferred, reinstated, or demoted at the time of
retirement.