ARTICLE 17
UNAUTHORIZED LEAVES OF ABSENCE
Automatic Resignation
17.1
The President shall have the right to terminate an employee who is
absent for five (5) consecutive workdays without securing authorized
leave from the President. Such a termination shall be considered to
be an automatic resignation from CSU employment as of the last day worked.
All unauthorized absences, whether voluntary or involuntary, shall apply
to the five (5) consecutive workday limitation. The termination shall
be effective five (5) consecutive days from the last day the employee
worked.
17.2
The President shall notify the employee that the University will be
terminating him/her by automatic resignation under this Article unless
the employee requests an administrative review regarding his/her absence
within seven (7) calendar days following such notification.
17.3
If the employee responds to the President within seven (7) calendar
days following notification, or such extended time as the President
may agree to, the employee will be provided with the opportunity to
respond, either orally or in writing, to a campus reviewing officer
designated by the President. A University representative may present
evidence at any review meeting. No automatic resignation shall be final
until a decision is made by the reviewing officer. This decision shall
state:
- whether the employee was absent for five (5) consecutive workdays;
- whether the employee had proper authorized leave to be absent;
- 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 the reasons for its use; and
- whether the employee should be or is being terminated by automatic
resignation.
17.4
Any employee who is terminated by the President under this provision
may, within ten (10) days after receipt of the termination decision,
file a written notice with the President indicating an intent to request
a hearing of the matter by the State Personnel Board as provided in
Section 89539 of the Education Code. A request for a hearing by the
State Personnel Board must be filed with the State Personnel Board.
17.5
Any employee who is reinstated 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.
17.6
This Article shall supersede Section 89541 of the California Education
Code.
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