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Request for reinstatement after automatic resignation (AWOL)

​Request for Reinstatement after Automatic Resignation (AWOL)

Legal authority

Government Code section 19996.2 and Title 2, California Code of Regulations, section 599.826.
Absence without leave (AWOL), whether voluntary or involuntary, for five consecutive working days is an automatic resignation from State service, as of the last day on which the employee worked. A notice of automatic resignation may be sent if the absence is without permission. The notice should inform the employee of the facts relied upon by the appointing power to invoke the AWOL statute and of the employee's right to respond to the appointing power at a Coleman hearing. (Coleman v. DPA (1991) 52 Cal.3d 1102.) The notice should inform the employee of the right to make a request for reinstatement directly to the California Department of Human Resources' (CalHR) Statutory Appeals Unit (SAU).
An AWOL-resigned employee may file a request for reinstatement. Reinstatement may be granted only if the employee provides a satisfactory explanation to CalHR's SAU as to the cause of the absence and failure to obtain leave and CalHR finds the employee is ready, able, and willing to resume the discharge of the duties of their position or, if not, the employee has obtained consent of the appointing power to a leave of absence to commence upon reinstatement.
The employee bears the burden of proof by a preponderance of the evidence to satisfactorily explain the following: (1) why the employee was absent; (2) why the employee failed to obtain leave; and (3) the employee is ready, able, and willing to return to work or has obtained the appointing power's approval for a leave of absence.
Note:  Back pay may be issued pursuant to the relevant Bargaining Unit (BU) Memorandum of Understanding (MOU) of the employee at the discretion of the Administrative Law Judge.  

Timeline to file

The employee must file a written request for reinstatement with CalHR's SAU within 15 days of service of the notice (plus 5 days for mailing).
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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