§ 19786 Military Service Reinstatement Review

Key Takeaways

•If a government worker comes back from military service and has trouble doing their old job because of their service, their boss or they can ask for a meeting to figure out what to do.
•If the meeting shows the worker can't do their old job, they might get moved to a different job they can do, but it won't be a better job than before.
•If moving the worker means someone else has to lose their job, the rules for letting people go will be followed, but workers hired before September 16, 1940, can't be let go because of this.
•The worker can ask to go back to their old job if they get better and can do it again.

Example

A person works for the state as a park ranger. They go into the military and come back with an injury that makes it hard to walk long distances, which is a big part of the park ranger job.

Their boss or they can ask for a meeting to see if they can still do the park ranger job. If the meeting shows they can't, they might be moved to a different job, like working at the park office, that they can do. They won't get a better job than they had before. If someone has to lose their job to make room, the rules for letting people go will be followed.

(a) When a civil service employee has been reinstated after military service in accordance with Section 19780, and any question arises relative to his or her ability or inability for any reason arising out of the military service to perform the duties of the position to which he or she has been reinstated, the board shall, upon the request of the appointing power or of the employee, hear the matter and may on its own motion or at the request of either party take any and all necessary testimony of every nature necessary to a decision on the question. (b) If the board finds that the employee is not able for any reason arising out of the military service to carry out the usual duties of the position he or she then holds, it shall order the employee placed in a position in which the board finds he or she is capable of performing the duties in the same class or a comparable class in the same or any other state department, bureau, board, commission, or office under this part and the rules covering transfer of an employee from a position under the jurisdiction of one appointing power to a position under the jurisdiction of another appointing power, without the consent of the appointing powers, where a vacancy may be made available to him or her under this part and the rules, but in no event shall the transfer constitute a promotion within the meaning of this part and the rules. (c) If a layoff is made necessary to place a civil service employee in a position in the same class or a comparable class in accordance with this section, the layoff shall be made under Section 19997.3, provided that no civil service employee who was employed prior to September 16, 1940, shall be laid off as a result of the placing of an employee in the same class or a comparable class under this section. (d) The board may order the civil service employee reinstated to the department, bureau, board, commission, or office from which he or she was transferred either upon request of the employee or the appointing power from which transferred. The reinstatement may be made after a hearing as provided in this section if the board finds that the employee is at the time of the hearing able to perform the duties of the position. (Amended by Stats. 2013, Ch. 427, Sec. 89. (AB 1062) Effective January 1, 2014.)

Key Takeaways

•If a government worker comes back from military service and has trouble doing their old job because of their service, their boss or they can ask for a meeting to figure out what to do.
•If the meeting shows the worker can't do their old job, they might get moved to a different job they can do, but it won't be a better job than before.
•If moving the worker means someone else has to lose their job, the rules for letting people go will be followed, but workers hired before September 16, 1940, can't be let go because of this.
•The worker can ask to go back to their old job if they get better and can do it again.

Example

A person works for the state as a park ranger. They go into the military and come back with an injury that makes it hard to walk long distances, which is a big part of the park ranger job.

Key Takeaways

Example

Key Terms

References

§ 19786 Military Service Reinstatement Review

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References