General Information for Former State of California Employees Who Wish to Reinstate to State Service

Government Code Section 19140 provides reinstatement eligibility if you previously held a State civil service position as a permanent or probationary employee, and separated from your position by (1) resignation, (2) service retirement, (3) absence without leave (AWOL), (4) accepting another civil service or exempt appointment without a break in continuity of State service, or (5) termination from a limited-term, temporary, Career Executive Assignment, or exempt appointment to which you were subsequently appointed without a break in service. You may be reinstated without having to take another examination. Reinstatement pursuant to Section 19140 is a permissive reinstatement - not a mandatory right.

If you were separated for failure to meet conditions of employment, you may only be reinstated to the same class when you meet the requirements, or you may be reinstated to comparable classes which do not require the same conditions of employment. (Persons terminated for cause have no reinstatement rights.)

You may request reinstatement to your former department or to another department. If your request is made to another department within 30 days after your resignation, it requires the approval of the appointing power of your former department.

If you were separated for being absent without leave (AWOL), you must furnish a satisfactory explanation of your separation to the hiring department.

You may be reinstated to a full-time job only if you previously held a permanent full-time position in the class or a comparable class. If your previous permanent appointment was less than full time, you may be reinstated to less than full time (i.e., part time or intermittent). If at the time of your separation you could have been appointed full time (e.g., you had worked 2 calendar years and 1,920 hours), it is possible that you can be reemployed full time. The hiring department will make this determination (Section 2CCR277).

A satisfactory medical clearance (Health Questionnaire) is required for reinstatement to all classes if there has been a break in service. Additional medical information may be requested by the department. Arrangements for the medical clearance will be made by the department at the time of reinstatement.

Your name cannot be restored to the employment list if you received a permanent full-time appointment. However, if your name was on a promotional list at the time of your separation, and you reinstate within six months of that separation, you may request that your name be restored to the promotional list.

In addition to the permissive reinstatement explained above, if you held a permanent appointment and passed probation, and you have not had a permanent break in service, you may have a mandatory reinstatement right. You should contact your former department if you believe this applies to you.

The California Department of Human Resources maintains a list of job vacancies (VPOS) on this website. To find a job, you must locate a vacant position in a department and convince the appointing authority of that department that you are the best person for that position. You should select those departments in the area where you wish to work and either ask for an interview or write for information about employment opportunities. Your local telephone company should have a telephone directory which lists the State offices in the locality where you wish to work.

During certain periods and for certain classes, a freeze or restriction may be placed on hiring due to budgetary restrictions or reductions in force. Sometimes reinstatements are not possible during these periods because vacancies are not being filled. A freeze on hiring may vary by classification, location, or department. You should also be aware that in addition to reinstatement, a department has the option of filling vacancies by transfer, appointment from the employment list, or temporary assignment, rather than by reinstatement. A department is never obligated to approve a permissive reinstatement.

Persons looking for reinstatement frequently find it helpful to attach a copy of their State civil service employment history to applications for employment. If you would like to receive a copy of your employment history, send a signed letter to the Work History Unit at: Office of the State Controller, P.O. Box 942850, Sacramento, CA 94250. Your letter should include your name/prior name(s), birth date, Social Security Number, class and department where you last worked, approximate dates worked, and your current address and telephone number.

How to Determine Comparable Classes

In addition to reinstatement to your former class, you may also request reinstatement to another class at the same, comparable, or lower salary range. The maximum salary of the highest paying class you were permanently appointed to from an eligible list, and the maximum salary of the class to which you wish to reinstate, must be no further apart than two salary steps minus $1.00. To determine the maximum salary of a class to which you may reinstate:

  1. Multiply the current top salary of the class you held by 1.05.
    To be sure you are comparing the correct salary rates, not your own salary, check the "State of California Civil Service Pay Scales". If either class has Alternate Ranges, use the lowest range unless there is a 21 on the footnotes column. For classes with Footnote 21, treat each Range as a separate class, using the highest range that you achieved as your former class.
  2. Round off your calculation to a whole number.
  3. Multiply that figure by 1.05.
  4. Round off your calculation to a whole number.
  5. Subtract $1.00 to determine the maximum salary.
  6. You may then request reinstatement to any class with this maximum salary or less.
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