Article 1 - General

California Government Code — §§ 19996-19996.2

Sections (5)

Added by Stats. 1981, Ch. 230, Sec. 55.

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.

Added by Stats. 1981, Ch. 230, Sec. 55.

(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.

Added by Stats. 1981, Ch. 230, Sec. 55.

(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.

Added by Stats. 1988, Ch. 256, Sec. 1.

(a)The Legislature finds and declares all of the following:
(1)Many individuals in our society possess great productive potential which goes unused because they cannot meet the requirements of a standard workweek.
(2)An increasing proportion of workers have family responsibilities which include the care of dependent elders and the rearing of children.
(3)There is a lack of adequate, affordable adult or child care to accommodate the growing need for such services.
(4)The state is benefited by exploring and encouraging cost-saving supplements to latchkey programs, out-of-home child care services, and adult dependent care.
(5)Disabled employees or persons with special health needs may benefit from voluntary reduced worktime.
(6)Voluntary reduced worktime benefits both employers and employees, by increasing flexibility and decreasing absenteeism, offering management more flexibility in meeting work requirements, and filling shortages in various occupations.
(7)Society is benefited by offering a needed alternative for those individuals who require or prefer shorter hours, despite the reduced income, thus increasing jobs available to reduce unemployment while retaining the skills of individuals who have training and experience.
(8)Employment opportunities are maximized by providing for voluntary reduced worktime options to a standard workweek.
(b)It is the intent of the Legislature in adopting this section to pursue all of the following objectives:
(1)To provide for maximum employment opportunities.
(2)To encourage the realization of individual potential.
(3)To increase the numbers and kinds of public and private sector voluntary reduced worktime options.
(4)To support the creation of a healthy balance between work and family needs, including the need for additional income.
(5)To encourage voluntary reduced worktime opportunities within the private as well as public sector.
(6)To develop policies and procedures which support the growth of voluntary reduced worktime positions.
(7)To promote job stability.
(8)To strengthen the family and promote domestic tranquility and to benefit the family and society by promoting a balance between work and home.
(9)To provide for alternative solutions to the growing need for adequate child care, care for dependent adults, and care for the disabled.
(c)Nothing in this section shall be construed as superseding Sections 19996.20 and 19996.21 which provide that the reduced worktime option shall be made available only to the extent feasible and as the department finds consistent with maximum employment opportunity.

Added by Stats. 1981, Ch. 230, Sec. 55.

“Reduced worktime,” as used in this article, means employment of less than 40 hours of work per week, and includes arrangements involving job sharing, four-, five-, or six-hour workdays, jobs which provide eight hours of employment or less for one, two, three, four or five days per week, and such other arrangements which the department finds consistent with maximum employment opportunity to employees desiring other than a standard worktime.