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If you accept employment in a CEA position you do not acquire permanent status and therefore can be terminated from your assignment at any time. When terminating a CEA, departments are required to provide written notification to the employee at least 20 calendar days prior to the effective date of the CEA termination.
Reference Source: Government Code section 19889.3, California Code of Regulations, title 2, section 599.994
If you vacate a permanent civil service position to accept a CEA position you could have as many as three reinstatement options. These options are as follows:
If you are not eligible for any of the options above you do not have a right of return to civil service. However, you may be eligible to request a deferred promotional exam for any promotional eligible list and/or request a deferred exam for any open eligible list.
*Improved mandatory reinstatement return rights are calculated on the maximum salary of the lowest CEA level held within the most recent three-consecutive year qualifying period. If the CEA has a salary over the maximum salary of their current CEA level, this salary shall not be used to calculate the CEA’s improved reinstatement return right.
For example, if a CEA Level A is the lowest level you served during the most recent three-consecutive year qualifying period and you received a salary rate of $9,800, the maximum salary of Level A ($9,555) is used to calculate your improved reinstatement return right.
Reference Source: California Code of Regulations, title 2, sections 548.150, 548.151, 548.152, 548.153, GC sections 18993, 19889.4(c)
Departments should use the following tools to determine the rights and options of CEA appointees:
CEA Return Rights Worksheet - CalHR-769CEA Return Rights Options Summary
The following sample letters are a guide for department’s use and provide suggested language when preparing CEA termination notices. Such notices should be drafted on the department’s letterhead and shall be served to the employee 20 calendar days prior to the effective date.
Sample Letter A - No prior civil service status, but meets GC section 18993 (former exempt/legislative service)Sample Letter B - No prior civil service statusSample Letter C - Prior civil service status with break in serviceSample Letter D - Prior civil service status
A 90-calendar day “red circle rate” applies to certain former CEA appointees who are reinstating to a civil service classification and is a rate of pay authorized to facilitate an employee’s adjustment to a lower salary.
You must meet the criteria below:
If you meet the above criteria and your termination was not voluntary or based on unsatisfactory performance, you shall receive a salary rate above the maximum of the class to which you are mandatorily reinstated. The red circle rate is based upon the last CEA salary rate received from which termination occurs, less five (5%) percent.
The red circle rate is permissive if you meet the criteria above and you voluntarily terminate the CEA appointment.
Reference Source: California Code of Regulations, title 2, section 599.993
Within 30 days of receiving the CEA termination notice, you may appeal to the State Personnel Board (SPB) upon the grounds that the termination was effected for reasons of any of the following:
After hearing the appeal, the board may affirm the action of the appointing power, or restore you to the CEA.
Reference Source: California Code of Regulations, title 2, section 548.136
As a state employee, annual leave or vacation balances usually transfer with the individual from position to position regardless of the department in which employed. Payment for annual leave or vacation balances can only be made when you leave state service or move to a position where credits are not earned nor used (i.e., positions whose salaries are set in statute). Since civil service positions earn vacation or annual leave, any balance will be transferred for use in the new position.
Reference Source: GC sections 19839, 19839.5