

Status rights include, but are not limited to, employee tenure, reinstatement, seniority, and leaves of absence. The placement may be within a designated geographical, organizational, or functional subdivision of the state agency as deemed appropriate by State Personnel Board.Įmployee “status” in civil service refers to the rights and privileges that employees gain from successful competition in an examination followed by an appointment to the class examined for and the assumption of its duties. *An employee has the right to return to their last appointed position as a probationer, permanent employee, or career executive, under the same appointing power where the employee held status. However, the former position shall not include positions from which the employee has been separated through disciplinary action, rejected during a probationary period, terminated under Government Code Section 19889.3, or terminated, demoted, or transferred in accordance with Government Code Section 19253.5 or terminated on a nonpunitive basis under Government Code Section 19585. With the concurrence of both the appointing power and the employee, a position in a different classification to which the same appointing power could have assigned such an employee in accordance with this part.


A position in the classification to which an employee was last appointed as a probationer, permanent employee, or career executive, under the same appointing power where that position was held, and within a designated geographical, organizational, or functional subdivision of that state agency as determined appropriate by the board.ī. Government Code Section 18522 defines “former position” as either a or b outlined below:Ī. To have Mandatory Reinstatement rights, the employee must be in a circumstance covered by a reinstatement statute and meet all of the legal requirements specified for that particular type of reinstatement (e.g., prior status in general civil service). A Mandatory Reinstatement right entitles an employee to return to their former position with all of the status and rights that they had before vacating the position.
