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Request for reinstatement after automatic resignation (AWOL) of permanent intermittent employee

Request for Reinstatement after Automatic Resignation (AWOL) - Permanent Intermittent

Legal authority

Government Code sections 19996.2; 19842.5 and Title 2, California Code of Regulations, sections 599.828; 599.904.


In addition to the AWOL resignation provisions under section 19996.2, an intermittent employee who waives three requests by the appointing power to report for work may be automatically separated from the intermittent appointment, provided that no waiver shall be counted if the employee was unable to come to work due to illness or other good reason acceptable to the appointing power.


An employee may appeal the three-waiver AWOL on the grounds the waivers were excusable.

Timeline to file

The appeal must be filed within 30 days after being served with the AWOL notice. Filing of an appeal may be extended an additional 30 days after the end of the period in which the appeal should have been filed if the petitioner demonstrates good cause for a late filing (Title 2, California Code of Regulations, section 599.904). (Gonzales v. SPB (1977) 76 Cal.App.3d 364.)

Type of hearing

A full evidentiary hearing is conducted by an Administrative Law Judge (ALJ). The proposed decision of the ALJ is accepted or rejected by the Director of the California Department of Human Resources.



  Updated: 9/9/2013
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