California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 3 - Department of Human Resources › Subchapter 1 - General Civil Service Rules › Article 19 - Reduced Worktime › Section 599.836 - Return to Full-Time Work

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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
					 agency 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 agency; 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 agency 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, agencies 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.