SECTIONS 19996-19996.2 - California Statutes

GOVERNMENT CODE

SECTION 19996-19996.2

19996. The tenure of every permanent employee holding a position is
during good behavior. Any such employee may be temporarily separated
from the state civil service through layoff, leave of absence, or
suspension, permanently separated through resignation or removal for
cause, or permanently or temporarily separated through retirement or
terminated for medical reasons under the provisions of Section
19253.5.

19996.1. (a) Resignations from the state civil service are subject
to department rules. A resignation, except as provided in this
section, does not jeopardize any rights and privileges of the
employee except those pertaining to the position from which he or she
resigns. A written resignation may expressly waive all or any rights
or privileges provided for by this chapter, including but not
limited to, accumulated vacation, and in such event the records of
the department shall be made to conform therewith. No resignation
shall be set aside on the ground that it was given or obtained
pursuant to or by reason of mistake, fraud, duress, undue influence
or that for any other reason it was not the free, voluntary and
binding act of the person resigning, unless a petition to set it
aside is filed with the department within 30 days after the last date
upon which services to the state are rendered or the date the
resignation is tendered to the appointing power, whichever is later.
In the event a resignation is set aside pursuant to this section, the
person resigning shall be reinstated to his or her former position
and paid his or her salary for the period he or she was removed from
state service as the result of such resignation. From any such salary
due there shall be deducted compensation that the employee earned,
or might reasonably have earned, during any period commencing more
than six months after the initial date of resignation.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.

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.
A permanent or probationary employee may within 90 days of the
effective date of such separation, file a written request with the
department for reinstatement; provided, that if the appointing power
has notified the employee of his or her automatic resignation, any
request for reinstatement must 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 only if 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 therefor, and the
department finds that he or she 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.
An employee so reinstated shall not be paid salary for the period
of his or her absence or separation or for any portion thereof.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.