Section 19585 Of Article 1. Disciplinary Proceedings From California Government Code >> Division 5. >> Title 2. >> Part 2. >> Chapter 7. >> Article 1.
19585
. (a) This section shall apply to permanent and probationary
employees and may be used in lieu of adverse action and rejection
during probation when the only cause for action against an employee
is his or her failure to meet a requirement for continuing
employment, as provided in this section. This section shall not apply
to cases subject to the provisions of termination or demotion for
medical reasons or retirement for disability.
(b) An appointing power may terminate, demote, or transfer an
employee who fails to meet the requirement for continuing employment
that is prescribed by the board on or after January 1, 1986, in the
specification for the classification to which the employee is
appointed. Notwithstanding the foregoing, as prescribed by Article 11
(commencing with Section 19991) of Chapter 1 of Part 2.6, the
appointing power may grant the employee a leave of absence in lieu of
one of the actions specified above. In prescribing requirements for
continuing employment, the board may specify standards to ensure that
the requirements are consistently applied. The board may also
specify when separation from a position for failure to meet
requirements for continuing employment also constitutes separation
from former positions that the employee held in other classifications
that have the same or greater requirements for continuing
employment.
(c) The federal Immigration Reform and Control Act of 1986
requires termination of an employee for failure to meet the
employment eligibility requirements of that act, and if this is the
only cause for action against that employee, the termination shall be
carried out pursuant to this section. If a person fails to meet the
employment eligibility requirements of the federal Immigration Reform
and Control Act of 1986, that information, when used under this
section, except for purposes of the appeals process, shall be
confidential, as provided in the federal Immigration Reform and
Control Act of 1986.
(d) For the purposes of this section, requirements for continuing
employment shall be limited to the acquisition or retention of
specified licenses, certificates, registrations, or other
professional qualifications, education, or eligibility for continuing
employment or advancement to the fully qualified level within a
particular class series. The board shall prescribe procedures to
ensure that employees affected by the requirements are informed of
them. Requirements for continuing employment that are established for
the purposes of this section shall not include medical, physical
ability, work, or academy performance standards.
(e) For the purposes of this section, an employee who has filed a
proper and timely application for renewal of a required license,
registration, or certificate shall be considered as having maintained
the license, registration, or certificate unless it is subsequently
denied, revoked, or suspended.
(f) The employee shall receive at least five days' written notice
of termination, demotion, or transfer and shall have the right to
appeal the action to the board.
(g) When the requirements for continuing employment have been
regained, terminated, demoted, or transferred employees may be
reinstated pursuant to Section 19140.
(h) Any action under this section shall be considered
nondisciplinary for the purposes of the State Civil Service Act and
board rules.
(i) Whenever the board revokes or modifies a termination,
demotion, or transfer under this section, the board shall direct the
payment of salary and benefits to the employee calculated on the same
basis and using the same standards as provided in Section 19584.