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Legal Resources | Title 5 |  T5  43407  

Reinstatement Rights.   

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Upon the request of an employee who is dismissed, demoted, or reassigned pursuant to Sections 43403 and 43406, such employee shall be reinstated to an appropriate vacant position in the same class, in a comparable class, or in a lower related class, if it is determined by the appointing power that the employee is no longer incapacitated for duty. If there is no vacant position to which the employee may appropriately be appointed, the name of the employee shall be placed upon those reemployment lists determined to be appropriate by the appointing power.

The appointing power may require the person requesting reinstatement to submit to a medical examination by a physician or physicians designated by the appointing power to evaluate the capacity of the employee to perform the duties of the vacant position. Fees for such examination shall be paid by the appointing power. An employee who fails or refuses to submit to such an examination may not be reinstated as provided in this section.

Employees reinstated pursuant to this section shall be required to serve a new probationary period except Management Personnel Plan employees.

Authority cited:

Education Code 66600

Education Code 89030

Education Code 89035

Education Code 89500


Education Code 89500

Government Code 20393

(Amended by Register 84, No. 41.)