ARTICLE 12

UNAUTHORIZED LEAVES OF ABSENCES

Automatic Resignation

12.1

An employee who is absent for five (5) consecutive workdays without securing authorized leave from the Program shall be considered to have automatically resigned from SFSU Head Start employment as of the last day worked. All unauthorized absences, whether voluntary or involuntary, shall apply to the five (5) consecutive workday limitation. The five (5) day period referred to above shall commence at the beginning of the first shift of such absence and shall be deemed to have been completed at the end of the employee’s scheduled work hours on the fifth (5th) consecutive day of unauthorized absence.

12.2

Program Human Resources shall notify the employee of separation from the Program by automatic resignation under this Article unless the employee requests an administrative review regarding the absence within seven (7) calendar days following such notification. No automatic resignation shall be final until the seven (7) day period has passed and either a decision is made by the Program Head or the employee has failed to request a review. Notification may be in person or by mail to the employee’s last known address.

12.3

If the employee responds to the notification from the Program by requesting an administrative review within seven (7) calendar days of such notification, the employee will be provided with the opportunity to respond, either orally or in writing, to the Program Head. Either party may present evidence at any review meeting. The Program Head’s decision, which shall be rendered within fourteen (14) days of the administrative review, shall state:

  1. whether the employee was absent for five (5) consecutive workdays;
  2. whether the employee had proper authorized leave to be absent;
  3. an evaluation of whether the employee has presented sufficient excuse to warrant continuation of employment, supported by facts which provide justification of the absence or continuation of employment. If an action other than automatic resignation is proposed, it shall be stated along with reasons for its use; and
  4. whether the employee should be separated by automatic resignation.

12.4

Any employee who is reinstated by the Program Head under this provision shall not be paid salary for the period of unauthorized absence unless it is determined that such absence may be appropriately charged to accrued leave. The employee shall adhere to all other reinstatement requirements set forth in writing by the Program Head.

12.5

This Article shall not supersede Section 89541 of the California Education Code. Provisions 12.1 through 12.4 shall not limit an employee’s right to a State Personnel Board appeal.

Resignation

12.6

An employee who resigns from his/her position shall be terminated as of the effective date of the resignation.

12.7

No later than one week after a resignation the former employee may request to rescind the resignation. Such requests shall be made in writing to the Program Head.

12.8

The Program Head shall respond to such requests indicating denial, acceptance, or qualified acceptance within fourteen (14) days. The Program Head’s response shall be final unless it is reversed by the State Personnel Board; and is not subject to Article 7, Grievance Procedure.

12.9

Provisions 12.6 – 12.8 shall not limit an employee’s right to a State Personnel Board appeal.

 

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