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