Notice Requirements
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
Reinstatement Options
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:
- Mandatory reinstatement to former position (Cal. Code Regs., tit. 2, §§ 548.150, 548.151), which is the last position you held as a probationer or permanent employee. Former position is also defined as a position that is at least the same level and to which the appointing power could have transferred the employee. This request must be made within 10 calendar days after the effective date of the CEA termination.
- Improved permissive reinstatement to a vacant position at the discretion of any appointing power (Cal. Code Regs., tit. 2, § 548.152). This request must be made within four years of the CEA termination.
- *Improved mandatory reinstatement to a vacant position at a level above the former position (Cal. Code Regs., tit. 2, § 548.153). This request must be made within 10 calendar days after the effective date of the CEA termination.
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)
CEA Return Rights Worksheet and Summary Chart
Departments should use the following tools to determine the rights and options of CEA appointees:
CEA Return Rights Worksheet - CalHR-769
CEA Return Rights Options Summary
CEA Return Rights/Termination Sample Letters
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 status
Sample Letter C - Prior civil service status with break in service
Sample Letter D - Prior civil service status
90-Day Red Circle Rate
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:
- Have at least ten years of state service.
- Have at least one year of CEA service. CEA time served immediately before and after an exempt or a civil service appointment shall be qualifying for meeting the one-year requirement. However, time served in an exempt appointment shall not count towards the one-year CEA service requirement.
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
Appeal Rights
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:
- age
- sex
- sexual preference as prohibited by Governor’s Executive Order S-6-04
- marital status
- color
- national origin
- ancestry
- disability as defined in GC section 19230
- religion, religious opinions and affiliations
- political affiliation or political opinions
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
Payment of Annual Leave or Vacation Balances
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
