Cal. Code Regs. tit. 5 § 43406

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 43406 - Demotion and Reassignment

If the appointing power, after considering the conclusions of an examination by a physician and any other pertinent information, including any actions of the Public Employees' Retirement System on an application for disability retirement, concludes that a probationary, permanent, or Management Personnel Plan employee whom it believes to be mentally or physically disabled is unable to perform the duties of the employee's present position but is able to perform the duties of another position, either full time or part time, the appointing power may demote or reassign the employee to the other position. The employee may be demoted only with written consent or as otherwise provided by law.

An employee who is demoted or reassigned pursuant to this section, shall receive the maximum of the salary range of the class to which the employee is demoted or reassigned, provided that the salary is not greater than the salary the employee received at the time of demotion or reassignment.

Cal. Code Regs. Tit. 5, § 43406

1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).

Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code.

1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).
2. Amendment filed 10-10-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 41).