The State Worker

Chronicling civil-service life for California state workers

September 9, 2013
California state worker-AWOL bill sent to Jerry Brown's desk

110822 Assembly chamber.JPGA bill that gives state employees a better chance at reinstatement if they're fired for being AWOL is on the way to Gov. Jerry Brown's desk.

Republicans in the Democratically-controlled Assembly framed debate over Assembly Bill 855 as an argument over existing law that allows state workers five days away without explanation before they can be terminated. They can be reinstated if they explain to an administrative law judge why they were absent and why they failed to get leave for the absence. They must also show proof they are "ready, able and willing" to return to the job.

But the judge can't consider the other side of the equation: whether the employer properly invoked the AWOL statute to terminate an employee. The measure by Assemblywoman Cheryl Brown, D-San Bernardino, allows for that.

The Democrat-controlled Assembly had already approved the bill once and sent it to the Senate. Friday's vote was to approve minor tweaks made by the upper chamber.

Such "concurrence" votes usually aren't dramatic. But the first round of votes fell a few shy of the 41 required to produce a majority for the union-backed bill, despite Democrat's two-thirds control of the 80-seat Assembly. The measure was put on hold, more votes rounded up and it eventually went to Gov. Jerry Brown's desk. Final tally: 46-30.

PHOTO: The California Assembly during a 2011 session. The Sacramento Bee/Hector Amezcua

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About The State Worker

Jon Ortiz The Author

Jon Ortiz launched The State Worker blog and a companion column in 2008 to cover state government from the perspective of California government employees. Every day he filters the news through a single question: "What does this mean for state workers?" Join Ortiz for updates and debate on state pay, benefits, pensions, contracts and jobs. Contact him at (916) 321-1043 and at jortiz@sacbee.com.

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