Section 1030.1 Of Article 4. Reserve Accounts From California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 4. >> Article 4.
1030.1
. (a) If the employment of an individual is terminated due to
his absence from work for a period in excess of 24 hours because of
his incarceration and he is convicted of the offense for which he was
incarcerated or of any lesser included offense, he shall be deemed
to have left his work voluntarily without good cause for the purposes
of Sections 1030, 3701, and 4701. A plea or verdict of guilty
irrespective of whether an order granting probation or other order is
made suspending the imposition of the sentence or whether sentence
is imposed but execution thereof is suspended, or a conviction
following a plea of nolo contendere, is deemed to be a conviction
within the meaning of this section.
(b) Notwithstanding any other provision of this division, any
ruling made prior to a conviction or other final disposition of the
criminal complaint or accusation by the court as to whether an
individual who is terminated due to his absence from work because of
incarceration voluntarily leaves without good cause may, if no appeal
has been taken from the ruling, for good cause be reconsidered by
the department during the benefit year or extended duration period or
extended benefit period to which the ruling relates. Notice of any
reconsidered ruling shall be given to the employer which received
notice under Section 1030 or 3701 or 4701, and the employer may
appeal therefrom in the manner prescribed in Section 1328 or 3655 or
4655.