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Legal Resources | Title 5 |  T5  43406  

Demotion and Reassignment.   

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If the appointing power, after considering the conclusions of an examination by a physician and any other pertinent information, including any actions of the Public Employees' Retirement System on an application for disability retirement, concludes that a probationary, permanent, or Management Personnel Plan employee whom it believes to be mentally or physically disabled is unable to perform the duties of the employee's present position but is able to perform the duties of another position, either full time or part time, the appointing power may demote or reassign the employee to the other position. The employee may be demoted only with written consent or as otherwise provided by law.

An employee who is demoted or reassigned pursuant to this section, shall receive the maximum of the salary range of the class to which the employee is demoted or reassigned, provided that the salary is not greater than the salary the employee received at the time of demotion or reassignment.

Authority cited:

Education Code 66600

Education Code 89030

Education Code 89035

Education Code 89500

Reference:

Education Code 89500

Government Code 20393

(Amended by Register 84, No. 41.)