Document Citation: 2 CCR 599.836

Header:
CALIFORNIA CODE OF REGULATIONS
TITLE 2. ADMINISTRATION
DIVISION 1. ADMINISTRATIVE PERSONNEL
CHAPTER 3. DEPARTMENT OF PERSONNEL ADMINISTRATION
SUBCHAPTER 1. GENERAL CIVIL SERVICE RULES
ARTICLE 19. REDUCED WORKTIME

Date:
08/31/2009

Document:

§ 599.836. Return to Full-Time Work

This section governs the return to full-time work of employees who have voluntarily reduced their worktime pursuant to Government Code Section 19996.21.

(a) Upon completion of the term of a supplemental time off agreement, the employee shall be returned to full-time employment unless the employee and appointing power mutually agree to begin a new term. Such return shall be provided irrespective of any waiver of return rights under subsection (b)(1).

(b) The following provisions apply to all reduced worktime employees returning to full-time work except for those employees covered by subsection (a). This includes employees returning to full-time work from a supplemental time off arrangement prior to completion of the term.

(1) When an employee requests return to full-time work, the employee must be offered full-time employment in available departmental vacancies in the class and location in which the employee is serving at the time of the request. Vacant positions in that class and location may not be filled by transfers from within or outside the department; appointments from employment lists, including reemployment lists; or by permissive reinstatement, unless such employees have refused the position. At the discretion of the employee and with the approval of the appointing power, positions in different locations and classes for which the employee is eligible may be offered in lieu of a position in the same class and location.

Employees who refuse three offers of full-time work, as described in the preceding paragraph, may be considered to have waived their right to full-time employment offers for six months. Within each class and location, return to full-time work requests shall be considered on a first-come, first-served basis, with the requests of employees who had previously refused three offers being considered as new requests. Exceptions to this order of return may be made where warranted by instances of extreme employee hardship.

As used in this section, the same location shall be any work location that the employee could reasonably accept without a change in residence.

(2) At any time the department makes a determination that it is not administratively feasible to continue a position as a reduced worktime position, the appointing power may require the employee to return to full-time work. In determining which of a group of employees to recall to full-time work, departments may consider seniority, program needs, affirmative action and/or individual employee hardship. The method used in each such instance shall be clearly identified and shall be uniformly applied to all affected employees.

The appointing power must provide the employee with written notice of the required return at least 30 days prior to the date the employee is to report to work full time; except that in an emergency, such as flood, fire, or other extreme emergency, the appointing power may require the employee to work full time without prior notice for the duration of such emergency.