Section 19261 Of Article 1. General From California Government Code >> Division 5. >> Title 2. >> Part 2. >> Chapter 6. >> Article 1.
19261
. (a) The Department of Human Resources may establish
standards of health and safety in state agencies and may develop a
comprehensive health and safety program designed to improve the
efficiency and raise the morale of state employees.
Nothing in this section or in the standards established thereunder
shall discriminate against treatment by prayer or spiritual means
nor require physical examination of any employee who files with the
board an affidavit setting forth that he or she depends exclusively
upon prayer for healing in accordance with the teachings of a bona
fide religious sect, denomination or organization and that he or she
is to the best of his or her knowledge and belief in good health and
that he or she claims exemption on such grounds, except that when
there is probable cause to believe that such employee is not
physically able to perform the duties of his or her employment, the
board may require a physical examination of the employee sufficient
to indicate whether or not he or she is able to perform the duties of
his or her employment.
(b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.