§ 17527. Medical Demotion, Transfer or Termination.

The provisions of this rule apply to employees with permanent or probationary appointments. An appointing authority may require an employee to submit to a medical examination by a physician or physicians designated by the appointing authority to evaluate the capacity of the employee to perform the work of the position. When such a requirement is made of an employee, fees for the examination shall be paid by the appointing authority. When the appointing authority, after considering the conclusions of the medical examination provided for by this section, or medical reports from the employee's physician, and other pertinent information, concludes that the employee is unable to perform the work of the present position, but is able to perform the work of another position including one of less than full time, the appointing authority may demote or transfer the employee to such a position.

When the appointing authority concludes that the employee is unable to perform the work of the present position, or any other available position in the agency, the appointing authority may terminate the employee. The appointing authority shall make reasonable job restructuring and other accommodation before demoting or terminating an employee under this section.

The appointing authority may demote, transfer, or terminate an employee, without requiring the employee to submit to a medical examination, when the appointing authority relies upon a written statement submitted to the appointing authority by the employee as to the employee's condition, or upon medical reports submitted to the appointing authority by the employee.

The employee shall be given written notice 15 calendar days prior to the demotion, transfer or termination. No later than 30 calendar days following the notification of action, the employee may file an employment rights appeal as provided in Article 8 of these rules.

If it is determined by the appointing authority, or the State Personnel Board upon petition of the employee, that the employee who was terminated, demoted, or transferred in accordance with this section is no longer incapacitated for duty, the employee shall be reinstated to a vacant position in the class from which he or she was originally removed, in a comparable class, or in a lower related class. If there is no vacant position in the class from which the employee was originally removed, the name of the employee shall be placed upon the reemployment list for that class and upon such other reemployment lists as are determined to be appropriate by the State Personnel Board Executive Officer.

Note

Note: Authority cited: Section 19803, Government Code. Reference: Section 19800, Government Code.