SEIU Local 1000 sponsored the measure by Assemblywoman Cheryl Brown, D-San Bernardino, which would allow an adjudicating law judge to consider whether a department properly fired an employee who for being AWOL.
Currently the law assumes AWOL firings are righteous. An adjudicating law judge can reinstate employees who satisfactorily explain their absence, why they failed to obtain leave and also can prove readiness, willingness and ability to return to work.
But a judge can't consider whether departments fire employees before they cross the AWOL threshold for dismissal: five consecutive days away from work. Brown's bill requires a department to reinstate employees who are fired prematurely. If they don't, employees could then make that argument for reinstatement and a judge would have the leeway to consider it.
AB 855 also says that employees can demonstrate fitness to resume duty with documented verification from a doctor or other licensed health care provider.
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