CHAPTER 7. Separations from Service
Chapter 7 added by Stats. 1981, Ch. 230, Sec. 55.
§§ 19996–19998.4 · 45 sections
ARTICLE 1. General §§ 19996–19996.2 · 3 sections
- § 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…
- § 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…
- § 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…
ARTICLE 1.5. Excluded Employees Leave Program § 19996.3 · 1 section
- § 19996.3 (a) Effective July 1, 1992, the department shall implement a personal leave program for state officers and employees excluded from, or otherwise not subject…
ARTICLE 1.6. Reduced Worktime Act §§ 19996.19–19996.29 · 11 sections
- § 19996.19 (a) The Legislature finds and declares all of the following: (1) Many individuals in our society possess great productive potential which goes unused because…
- § 19996.20 “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-,…
- § 19996.21 (a) It is the policy of the state that to the extent feasible, reduced worktime be made available to employees who are unable, or who do not desire, to work…
- § 19996.22 (a) Any employee who is being coerced, or who has been required, by the appointing power, a supervisor, or another employee, to involuntarily reduce his or her…
- § 19996.23 In counting the number of employees any state agency employs for purposes of any personnel ceiling, an employee employed on a reduced worktime basis shall be…
- § 19996.24 (a) Permanent employees who voluntarily reduce their worktime shall, upon request, be given first priority for returning to a full-time work schedule to the…
- § 19996.25 If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Sections 3517.5 and 3572, the…
- § 19996.26 All persons employed in reduced worktime positions pursuant to Section 19996.21, shall receive, on a pro rata basis, except for benefits provided under the…
- § 19996.27 The department shall adopt appropriate rules and guidelines relating to reduced worktime implementation.
- § 19996.28 The Trustees of the California State University shall adopt the appropriate rules and guidelines relating to the implementation of the reduced worktime program…
- § 19996.29 This article shall be known and may be cited as the “Reduced Worktime Act.”
ARTICLE 1.7. Reduced Worktime for Partial Service Retirement §§ 19996.30–19996.39 · 10 sections
- § 19996.30 This article shall be known and may be cited as the “Partial Service Retirement Act.”
- § 19996.31 It is the intent of the Legislature in adopting this article to pursue the following objectives: (a) To protect the fiscal soundness of the Public Employees’…
- § 19996.32 Any state employee, or legislative employee, who is a state miscellaneous or industrial member working standard hours on a full-time basis, other than a…
- § 19996.33 “Reduced worktime for partial service retirement” means any arrangement of worktime agreeable to both the appointing authority and the employee which…
- § 19996.34 It is the policy of the state that reduced worktime for partial service retirement shall be made available to state employees and legislative employees…
- § 19996.35 (a) Any employee who is being coerced, or who has been required, by the appointing power, a supervisor, or another employee, to involuntarily reduce his or her…
- § 19996.36 In counting the number of employees any state agency employs for purposes of any personnel ceiling, an employee employed on a reduced worktime basis for…
- § 19996.37 (a) A permanent state employee or legislative employee who voluntarily reduces his or her worktime for partial service retirement pursuant to this article…
- § 19996.38 If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of…
- § 19996.39 All persons employed in reduced worktime positions for partial service retirement pursuant to this article, shall receive proportionally reduced compensation…
ARTICLE 2. Layoff and Demotion §§ 19997–19997.15 · 16 sections
- § 19997 Whenever it is necessary because of lack of work or funds, or whenever it is advisable in the interests of economy, to reduce the staff of any state agency,…
- § 19997.1 The duties performed by any employee laid off may be assigned to any other employee or employees in the state agency holding positions in appropriate classes.
- § 19997.2 (a) With the approval of the department, only the employees of a designated geographical, organizational or functional subdivision of a state agency need be…
- § 19997.3 (a) Layoff shall be made in accordance with the relative seniority of the employees in the class of layoff. In determining seniority scores, one point shall be…
- § 19997.4 (a) For the purposes of determining seniority pursuant to subdivision (a) of Section 19997.3, the term “state service” shall include all service that is exempt…
- § 19997.5 (a) Separations that are necessary by reason of reinstatement of an employee or employees after recognized military service as provided for in Section 19780…
- § 19997.6 (a) A veteran, except a veteran who was reinstated from military leave, shall in the event of layoff receive seniority credit for recognized military service…
- § 19997.7 (a) Employees in the class under consideration, up to the number of positions to be abolished or discontinued, shall be laid off in the order as determined…
- § 19997.8 (a) In lieu of being laid off an employee may elect demotion to: (1) any class with substantially the same or a lower maximum salary in which he or she had…
- § 19997.9 (a) Any employee replaced by such demotion has the same option of demotion afforded by Section 19997.8 as if his or her position had been abolished or…
- § 19997.10 (a) Any officer or employee, directly or indirectly, entitled to or having permanent status under the provisions of Article VII of the Constitution or the…
- § 19997.11 (a) The names of employees to be laid off or demoted shall be placed upon the reemployment list for the subdivision, if such a subdivision was designated, upon…
- § 19997.12 (a) An employee who is certified to a position in a class after layoff, or demotion in lieu of layoff, shall receive not less than the same step in the salary…
- § 19997.13 (a) An employee shall be notified that the employee is to be laid off 30 days prior to the effective date of layoff and not more than 60 days after the date of…
- § 19997.14 (a) An employee may appeal to the department within 30 days after receiving notice of layoff on the ground that the required procedure has not been complied…
- § 19997.15 (a) In order to provide state civil service employees of the California Maritime Academy with an opportunity to remain in the state civil service system, there…
ARTICLE 3. Layoff Reemployment §§ 19998–19998.1 · 2 sections
- § 19998 (a) It is the policy of the state that when an employee is to be separated from state service because the tasks he or she was assigned are to be eliminated or…
- § 19998.1 (a) The department may temporarily restrict the choice of methods of appointment available to an appointing power if such restriction is deemed necessary in…
ARTICLE 4. Reentry to State Service §§ 19998.3–19998.4 · 2 sections
- § 19998.3 Notwithstanding any other provision of law to the contrary, an employee whose continuity of employment in the state service as either an exempt or civil…
- § 19998.4 (a) An employee who entered county employment pursuant to a resolution or agreement effecting the transfer of that employee by the State Department of Mental…