California 2013-2014 Regular Session Status: To Executive

AB 855 — State employees: absence without leave: reinstatement.

Last action — Last day to consider Governor's veto pursuant to Joint Rule 58.5.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The State Civil Service Act provides that absence without leave for 5 consecutive working days is an automatic resignation from state service, as of the last date on which the employee worked. The act provides a procedure for a permanent or probationary state employee to seek reinstatement and for the Department of Human Resources to grant reinstatement. Reinstatement may be granted if (1) the employee makes a satisfactory explanation to the department as to the cause of his or her absence and his or her failure to obtain leave, and (2) the department finds that the employee is ready, able, and willing to resume the discharge of the duties of his or her position or has obtained consent for a leave of absence. This bill would permit an employee to demonstrate that he or she is ready, able, and willing to resume the discharge of the duties of his or her position by submitting written verification from his or her licensed health care provider that shows the employee is released to return to work. This bill would require the department to grant reinstatement if the hiring authority separates an employee from state service pursuant to those provisions before the expiration of the 5th working day.

Bill Text

Action History

  1. Last day to consider Governor's veto pursuant to Joint Rule 58.5.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and presented to the Governor at 3 p.m.

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 46. Noes 30. Page 2978.).

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 6 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 12. Page 2108.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (June 10). Re-referred to Com. on APPR.

  15. Referred to Com. on P.E. & R.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 27. Page 1514.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 12. Noes 5.) (May 8).

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 24). Re-referred to Com. on APPR.

  21. Re-referred to Com. on P.E.,R. & S.S.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E.,R. & S.S. Read second time and amended.

  23. Re-referred to Com. on P.E.,R. & S.S.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E.,R. & S.S. Read second time and amended.

  25. Referred to Com. on P.E.,R. & S.S.

  26. From printer. May be heard in committee March 24.

  27. Read first time. To print.

Sponsors

  • Brown · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

  • Brown

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 855 BROWN Concurrence in Senate Amendments

Passed 46 Yea · 30 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 442502
Democratic 2200
Republican 0300
Total 463002
% of votes cast 59%38%0%3%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Nay
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Levine — Yea
Linder — Nay
Mansoor — Nay
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Skinner — Yea
Waldron — Nay
Wieckowski — Yea
Daly — Not Voting
Frazier — Yea
Lowenthal — Yea
Garcia — Yea
Gray — Yea
Atkins — Yea
Gordon — Yea
Fong — Yea
Mitchell — Yea
Hall — Yea
Bonilla — Yea
Ammiano — Yea
Holden — Yea
Medina — Yea
Gorell — Nay
Bocanegra — Yea
Hagman — Nay
John A. Pérez — Yea
Harkey — Nay
Jones-Sawyer — Yea
Allen — Nay
Logue — Nay
Maienschein — Nay
Melendez — Nay
Salas — Nay
Morrell — Nay
Campos — Yea
Mullin — Yea
Nestande — Nay
Olsen — Nay
Pan — Yea
Chau — Yea
Chesbro — Yea
Chávez — Nay
Conway — Nay
Cooley — Nay
Donnelly — Nay
Eggman — Not Voting
Perea — Yea
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Williams — Yea
Dickinson — Yea
Fox — Nay
Gatto — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB855 Brown By Beall

Passed 23 Yea · 12 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 211203
Democratic 2001
Total 231204
% of votes cast 59%31%0%10%
How each member voted (39)
Member Party Vote
Beall — Yea
Block — Yea
Huff — Nay
Hueso — Yea
Leno — Yea
Lieu — Yea
Nielsen — Nay
Steinberg — Yea
Vidak — Nay
Walters — Nay
Wright — Yea
Emmerson — Nay
Evans — Yea
Hernandez — Yea
Liu — Yea
Corbett — Yea
Galgiani — Yea
Yee — Yea
De León — Yea
Hill — Yea
Knight — Nay
Lara — Yea
Monning — Yea
Pavley — Yea
Torres — Yea
Wolk — Yea
Cannella — Nay
Hancock — Not Voting
Correa — Not Voting
Anderson — Nay
Roth — Not Voting
Wyland — Nay
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 855 BROWN Assembly Third Reading

Passed 46 Yea · 27 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 422104
Democratic 3301
Republican 1300
Total 462705
% of votes cast 59%35%0%6%
How each member voted (78)
Member Party Vote
Achadjian — Nay
Ammiano — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Not Voting
Linder — Nay
Mansoor — Nay
Nazarian — Yea
Nestande — Nay
Quirk — Yea
Skinner — Yea
Ting — Yea
Weber — Yea
Fox — Nay
Mitchell — Yea
Yamada — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Gorell — Nay
Hall — Not Voting
Harkey — Nay
Bocanegra — Yea
Jones-Sawyer — Not Voting
John A. Pérez — Yea
Salas — Yea
Levine — Yea
Logue — Not Voting
Maienschein — Nay
Gray — Nay
Medina — Yea
Melendez — Nay
Morrell — Nay
Chesbro — Yea
Alejo — Yea
Bigelow — Nay
Chávez — Nay
Conway — Nay
Cooley — Yea
Dickinson — Yea
Donnelly — Nay
Eggman — Yea
Mullin — Yea
Olsen — Nay
Pan — Yea
Perea — Yea
Rendon — Yea
Wagner — Nay
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Williams — Yea
Stone — Yea
Lowenthal — Yea
Atkins — Yea
Daly — Yea
Frazier — Yea
Gordon — Yea
Hagman — Nay
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Not Voting
Muratsuchi, Al Democratic Nay
Quirk-Silva, Sharon Democratic Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11500
Democratic 1000
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bradford — Yea
Linder — Nay
Bocanegra — Yea
Campos — Yea
Gomez — Yea
Hall — Yea
Harkey — Nay
Bigelow — Nay
Donnelly — Nay
Eggman — Yea
Pan — Yea
Quirk — Yea
Wagner — Nay
Weber — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 855 do?
The State Civil Service Act provides that absence without leave for 5 consecutive working days is an automatic resignation from state service, as of the last date on which the employee worked. The act provides a procedure for a permanent or probationary state employee to seek reinstatement and for the Department of Human Resources to grant reinstatement. Reinstatement may be granted if (1) the employee makes a satisfactory explanation to the department as to the cause of his or her absence and his or her failure to obtain leave, and (2) the department finds that the employee is ready, able, and willing to resume the discharge of the duties of his or her position or has obtained consent for a leave of absence. This bill would permit an employee to demonstrate that he or she is ready, able, and willing to resume the discharge of the duties of his or her position by submitting written verification from his or her licensed health care provider that shows the employee is released to return to work. This bill would require the department to grant reinstatement if the hiring authority separates an employee from state service pursuant to those provisions before the expiration of the 5th working day.
Who sponsors AB 855?
AB 855 is sponsored by Brown.
What is the current status of AB 855?
This bill died with 2013-2014 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 855?
Track AB 855 free on One Click Politics — get push/email alerts when it moves.

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