Chapter 3 – Personnel, Training, and Employee Relations

31040.4.12 Reinstatement

• An employee who is subjected to a medical action such as a demotion, termination, or disability retirement (voluntary or involuntary), retains mandatory reinstatement rights to the civil service position from which the medical action was taken. These rights may be exercised by the employee if the employee provides sufficient medical evidence that the functional limitations from which he or she previously suffered, and which impacted his or her ability to perform the essential functions of that classification, with or without a RA, are no longer present.

• An employee seeking mandatory reinstatement from disability retirement must initially seek approval from CalPERS. A request for such reinstatement, including all supporting medical documentation, must be addressed to the HA or assigned RTWCReturn To Work Coordinator, who shall then contact the OEW for assistance.

• An employee seeking reinstatement after a medical termination, transfer, or demotion must initially seek approval from the State Personnel Board (SPBState Personnel Board (see CalHR)). In approving or ordering the reinstatement, the SPBState Personnel Board (see CalHR) may require the satisfactory completion of a new probationary period.