Cal. Code Regs. tit. 5 § 43407

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 43407 - Reinstatement Rights

Upon the request of an employee who is dismissed, demoted, or reassigned pursuant to Sections 43403 and 43406, such employee shall be reinstated to an appropriate vacant position in the same class, in a comparable class, or in a lower related class, if it is determined by the appointing power that the employee is no longer incapacitated for duty. If there is no vacant position to which the employee may appropriately be appointed, the name of the employee shall be placed upon those reemployment lists determined to be appropriate by the appointing power.

The appointing power may require the person requesting reinstatement to submit to a medical examination by a physician or physicians designated by the appointing power to evaluate the capacity of the employee to perform the duties of the vacant position. Fees for such examination shall be paid by the appointing power. An employee who fails or refuses to submit to such an examination may not be reinstated as provided in this section.

Employees reinstated pursuant to this section shall be required to serve a new probationary period except Management Personnel Plan employees.

Cal. Code Regs. Tit. 5, § 43407

1. Amendment of NOTE 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.