Request for Reinstatement after AWOL Separation Sample Clauses

Request for Reinstatement after AWOL Separation. A. An employee may be separated pursuant to Government Code section 19996.2 (the AWOL statute) if he/she is absent for five (5) consecutive work days without leave to be absent. An employee separated pursuant to the AWOL statute shall be afforded an opportunity for a Xxxxxxx hearing by his/her appointing power within five (5) working days after notice of the separation. An employee shall be noticed of his/her AWOL separation pursuant to Government Code section 18575. B. Appeals from an AWOL separation shall be appealed to the Department of Personnel Administration within thirty (30) days from the effective date of the AWOL termination. C. If a request for reinstatement goes to hearing, the DPA appointed Administrative Law Judge (ALJ) shall decide the following: (1) whether the employee was absent for five
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Request for Reinstatement after AWOL Separation a. An employee may be separated pursuant to Government Code Section 19996.2 (the AWOL statute) if he/she is absent for five consecutive work days without leave to be absent. An employee separated pursuant to the AWOL statute shall be afforded an opportunity for a Xxxxxxx hearing by his/her appointing power within five (5) working days after notice of the separation. An employee shall be noticed of his/her AWOL separation pursuant to Government Code Section 18575. b. Appeals from an AWOL separation shall be handled through the grievance and arbitration procedure of this collective bargaining agreement. Appeals shall be filed directly at Step 2 of the grievance procedure. c. If a request for reinstatement goes to an arbitration hearing, the arbitrator shall decide the following: (1) whether the employee was absent for five consecutive work days; (2), whether that absence was without leave, i.e., without the permission of the employee's appointing power to be absent; (3) whether the employee has a satisfactory explanation for his/her absence;
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Request for Reinstatement after AWOL Separation. A. An employee may be separated pursuant to Government Code Section 19996.2 (the AWOL statute) if he/she is absent for five consecutive work days without leave to be absent. An employee separated pursuant to the AWOL statute shall be afforded an opportunity for a Xxxxxxx hearing by his/her appointing power within five (5) working days after notice of the separation. An employee shall be noticed of his/her AWOL separation pursuant to Government Code Section 18575. B. Appeals from an AWOL separation shall be appealed to the Department of Personnel Administration within 30 days from the effective date of the AWOL termination. C. If a request for reinstatement goes to hearing, the DPA appointed Administrative Law Judge (ALJ) shall decide the following: (1) whether the employee was absent for five consecutive work days; (2), whether that absence was without leave, i.e., without the permission of the employee's appointing power to be absent; (3) whether the employee has a satisfactory explanation for his/her absence;
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Request for Reinstatement after AWOL Separation. A. An employee may be separated pursuant to Government Code section 19996.2 (the AWOL statute) if he/she is absent for five (5) consecutive work days without leave to be absent. An employee separated pursuant to the AWOL statute shall be afforded an opportunity for a Xxxxxxx hearing by his/her appointing power within five (5) working days after notice of the separation. An employee shall be noticed of his/her AWOL separation pursuant to Government Code section 18575. B. Appeals from an AWOL separation shall be appealed to the California Department of Human Resources within thirty (30) days from the effective date of the AWOL termination. C. If a request for reinstatement goes to hearing, the CalHR-appointed Administrative Law Judge (ALJ) shall decide the following: (1) whether the employee was absent for five (5) consecutive working days; (2) whether that absence was without leave, i.e., without the permission of the employee's appointing power to be absent; (3) whether the employee has a satisfactory explanation for his/her absence; (4) whether the employee has a satisfactory explanation for failing to obtain leave; (5) whether the employee is ready, able, and willing to work, and/or, if not, whether the employee has leave from his/her appointing power to be absent; and (6) whether the appointing power properly applied the AWOL statute. D. The ALJ may order reinstatement only if the employee establishes satisfactory reasons for the absence and the failure to obtain leave and if the employee is ready, able, and willing to return to work or has leave to be absent. E. If the AWOL statute was applied properly by the appointing power and the employee is reinstated, the employee shall receive no back pay for the period of his/her absence. F. If the AWOL statute was improperly applied by the appointing power, the ALJ may order the employee reinstated and may order back pay. From any such back pay award there shall be deducted compensation that the employee earned, or reasonably could have earned, during any period of absence. There shall be no back pay for any period when the employee was not ready, willing and able to return to work.
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Request for Reinstatement after AWOL Separation. In any hearing of an automatic resignation (AWOL) pursuant to Government Code section 19996.2, the hearing officer shall have the discretion to award back pay. Once adopted by the Department of Personnel Administration, the hearing officer’s decision with respect to back pay shall be final and is neither grievable nor arbitrable under any provision of this contract, nor may it otherwise be appealed to a court of competent jurisdiction. This provision does not otherwise limit or expand any other authority of the hearing officer under Government Code section 19996.2.
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Request for Reinstatement after AWOL Separation. In any hearing of an automatic resignation (AWOL) pursuant to Government Code Section 19996.2, the hearing officer shall have
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Related to Request for Reinstatement after AWOL Separation

  • Termination; Reinstatement This Guaranty is a continuing and irrevocable guaranty of all Obligations now or hereafter existing and shall remain in full force and effect until all Obligations and any other amounts payable under this Guaranty are indefeasibly paid in full in cash and the Commitments and the Facilities with respect to the Obligations are terminated. Notwithstanding the foregoing, this Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of the Borrower or any Guarantor is made, or any of the Secured Parties exercises its right of setoff, in respect of the Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any of the Secured Parties in their discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not the Secured Parties are in possession of or have released this Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of each Guarantor under the preceding sentence shall survive termination of this Guaranty.

  • Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.

  • What Will Happen After We Receive Your Letter When we receive your letter, we must do two things:

  • Reinstatement after Leave An employee on an approved leave of absence is required to contact the Appointing Authority if an extension is being requested. Failure to contact the Appointing Authority about an extension prior to the end of the approved leave shall be deemed to be a voluntary resignation, and the employee shall be severed from State service. The Local Union and the Appointing Authority may agree to waive the five (5) month reassignment restriction in order to temporarily fill the position of an employee on unpaid Military Leave until s/he returns from active duty. Any employee returning from an approved leave of absence as covered by this Article shall be entitled to return to employment in his/her former position or another position in his/her former class/class option in his/her seniority unit, or a position of comparable duties and pay within his/her seniority unit. Employees returning from extended leaves of absence (one (1) month or more) shall notify their Appointing Authority at least two (2) weeks prior to their return from leave. Employees may return to work prior to the agreed upon termination date with the approval of the Appointing Authority. Employees returning from an unpaid leave of absence shall be returned at the same rate of pay the employee had been receiving at the time the leave of absence commenced plus any automatic adjustments that would have been made had the employee been continuously employed during the period of absence. (See also Article 12, Section 7A, regarding return from a leave of absence to a vacancy.)

  • Happen After We Receive Your Letter When we receive your letter, we must do two things:

  • Rollovers of Settlement Payments From Bankrupt Airlines If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, you are allowed to roll over any portion of the proceeds into your Xxxx XXX within 180 days after receipt of such amount, or by a later date if extended by federal law. For further detailed information and effective dates you may obtain IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at xxx.xxx.xxx.

  • Reinstatement, etc The Guarantor agrees that this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment (in whole or in part) of any of the Guaranteed Obligations is rescinded or must otherwise be restored by any Lender Party, upon the insolvency, bankruptcy or reorganization of the Borrowers, any other Loan Party or otherwise, all as though such payment had not been made.

  • T ermination In the event that either party seeks to terminate this DPA, they may do so by mutual written consent and as long as any service agreement or terms of service, to the extent one exists, has lapsed or has been terminated. The LEA may terminate this DPA and any service agreement or contract with the Provider if the Provider breaches any terms of this DPA.

  • Certification Regarding Termination of Contract for Non-Compliance (Tex Gov. Code 552.374)

  • Continuation and Reinstatement, etc Each Guarantor further agrees that its guaranty hereunder shall continue to be effective or be reinstated, as the case may be, if at any time payment, or any part thereof, of any Obligation is rescinded or must otherwise be restored by the Administrative Agent, the Issuing Lenders, any Lender or any other Secured Party upon the bankruptcy or reorganization of the Borrower or a Guarantor, or otherwise.

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