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Within the limitation of funds appropriated therefor, the Chancellor may grant or may authorize any president to grant special leaves for research or creative activity for qualified employees at the campus, as authorized by this Article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43051. Eligibility, Terms and Further Procedures.
The Chancellor may establish
(a) standards for eligibility for special leaves for research or creative activity,
(b) terms and conditions of such leaves, and
(c) procedures and guidelines for the effective implementation of this Article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43052. Obligation to Teach Following Leave.
Any academic employee who is granted and who takes a leave pursuant to this Article shall be obligated to teach in the California State University for the equivalent of two terms for each term of such leave, immediately following the conclusion of such leave, provided that the completion of such obligation shall be deferred during periods, following such leave, which, pursuant to the regulations of the Board of Trustees, are taken as vacation, sabbatical leave, or leave of absence without pay; and provided further, that this obligation shall be further deferred for any period during which the employee is a "person in military service" as that phrase is defined in the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, of the United States (50 App. U.S.C. Section 501, et seq.). This obligation shall be exonerated if the failure of the employee to complete such service following the conclusion of the leave, is caused by his or her death or physical or mental disability.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43053. Benefits While on Leave.
Except as provided in Section 43052, service by academic employees while on leave pursuant to this Article shall be considered full-time service at the California State University for all purposes.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43095. Military Leave.
a. Any campus or administrative office employee who takes a leave of absence to enter military service shall submit the documents and follow the procedures required by the law governing military leaves. All documents required to effect such a leave for a campus employee shall be submitted by the employee to the campus president or designee for approval. Administrative office employees shall submit the documents to the Chancellor or designee for approval.
b. An employee is entitled to paid active duty military leave as prescribed by state and federal law. When approved by the Chancellor, an employee on active duty military leave extending beyond the paid entitlement shall receive the difference in pay between military pay and California State University pay for up to an amount of time specified by the Chancellor. The CSU difference in pay acts as a salary supplement to military pay. The limit specified by the Chancellor is in addition to any paid active duty military leave under existing law. If an employee does not return to CSU service within the required time of being released from active duty, the CSU difference in pay salary supplemental shall be treated as a loan that must be repaid to the CSU with interest.
Employees on a difference in pay salary supplement continue to receive CSU provided health, dental, and vision benefits at the level current with the leave for the period of time specified by the Chancellor.
Note: Authority cited: Sections 89030 and 89500, Education Code. Reference: Section 89513, Education Code; and Sections 395 et seq ., Military and Veterans Code.
s 43100. Leave of Absence Without Pay.
An application for a leave of absence without pay shall be submitted by the applicant to the campus president. The campus president may approve such leaves for periods not to exceed a total of two years. A request for an extension of a leave of absence without pay beyond a total of two years may be approved by the campus president for a period of up to one additional year for each request. The number of extensions granted to any one applicant shall be within the discretion of the president. In the case of the staff of the administrative office, the application shall be submitted to the Chancellor for action. This section is not applicable to leaves of absence without pay following a sabbatical leave, pursuant to Subdivision (c) of Section 43005.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Sections 89510, 89512, and 89514, Education Code.
s 43101. Military Leave.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89513, Education Code.
s 43102. Salary Increase Following Leave of Absence Without Pay.
The salary of an employee who takes a leave of absence without pay may be increased one step at the conclusion of the leave, if the following provisions are satisfied:
(a) The employee was not at the highest step of the salary range for his or her rank at the time the employee began the leave;
(b) The step increase would not result in establishing the employee's salary at a level higher than it would have been if the employee had continued at the campus without such leave and had been accorded a merit salary increase based on the employee's performance;
(c) The step increase becomes effective on the employee's regular anniversary date next following the employee's return to service;
(d) The leave was for the purpose of teaching, research, or other assignment, which is determined by the campus president in the case of an employee of a campus or by the Chancellor in the case of an employee of the Office of the Chancellor, to have been of a nature valuable to the California State University;
(e) In the case of an academic employee of a campus, the campus president shall consult with the faculty of the campus with respect to the salary step increase.
(f) This section shall not apply to a Management Personnel Plan employee.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43130. Purpose and Definitions.
It is the purpose of the Board of Trustees in adopting this Article to implement Government Code Section 19996.20 et seq. and Education Code Section 89557 to provide a voluntary reduced worktime program, to the extent feasible, for full-time employees of the California State University serving in positions in the non-academic, administrative and academic closely related job categories, employees serving in academic-administrative assignments, and Management Personnel Plan employees. "Reduced worktime" means working less than full time and taking a pro rata reduction in salary and benefits. Options available to employees subject to this Article include fewer hours of work per day or fewer days of work per year. These and other variations will be made available to full-time employees on a voluntary basis, where feasible.
Permanent full-time employees will derive the primary benefit from participation in this program since only permanent full-time employees retain permanent status when reducing their time base to less than full time. Full-time probationary employees choosing to reduce their time base to less than full time are, upon the reduction, temporary employees and lose the opportunity to gain credit toward permanent status.
As used in this Article, "President" means president or designee of a University or College with regard to employees of a State University or College or the Chancellor or designee with regard to employees of the headquarters office.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43131. Eligibility.
All full-time employees of the California State University, except peace officers, may request and be considered for participation in the reduced worktime program authorized by this Article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43132. Salary and Benefits.
An employee who has been authorized to participate in the reduced worktime program shall receive the pro rata share of salary and benefits which were available to the employee while serving a full-time position, except those benefits provided under the Public Employees' Retirement Act and under the Public Employees' Medical and Health Care Act. The pro rata share of salary and benefits shall be equal to the full-time salary and full-time level of benefits multiplied by the proportion that the reduced worktime bears to full-time employment. Benefits provided under the Public Employees' Retirement Law and the Public Employees' Medical and Health Care Act shall be provided as authorized in the Law and the Act.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43133. Request for Participation.
Each President shall develop procedures for requesting participation in the reduced worktime program which include, as a minimum, the following:
(a) The employee shall submit a request for participation in the reduced worktime program to the President in writing by the established deadline;
(b) Once the President has received a timely request for participation, the President shall issue to the employee general written information concerning the effect of participation on employment status, compensation and benefits, including health and retirement benefits;
(c) If the President approves the request for participation, the employee shall be notified in writing with a statement of the anticipated effect on the employee's status and pay and with any other pertinent information regarding program participation. The employee shall sign and return to the President a copy of the notification as evidence that he or she has received it and has read and understands the effect of participation;
(d) If the request for participation is denied, the President shall notify the employee in writing of the reason for denial.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43134. Condition of Participation.
Participation in the reduced worktime program authorized by this Article shall be approved if the President determines that the reduction in time base is feasible in terms of the overall management and operation of services and programs.
(a) In determining whether participation is feasible, the President shall consider such factors as the following:
(1) Participation should not adversely affect provision of service to students or the public or create an unacceptable decline in the timeliness or quality of service rendered;
(2) Participation should not remove unique expertise or specialized skill needed to provide a service on a continuing basis during normal working hours;
(3) Participation should not reduce the effectiveness of a multipart workflow process by reducing or shifting an integral part of that process performed by the employee;
(4) The cost of granting reduced worktime should not involve significant expenditures such as the purchase of additional equipment, acquisition of more office space or renovation of existing space to accommodate more personnel, or other costs which could not be considered incidental or routine;
(5) The granting of reduced worktime where the flow of work is heavy or constant should not adversely affect the unit's ability to regularly produce the work in a timely manner;
(6) The granting of reduced worktime should not accentuate existing recruitment difficulties in a work unit, and, therefore, have an adverse effect on the ability of the unit to effectively accomplish its work;
(7) The granting of reduced worktime should not result in a threat to health, safety, or property;
(8) The granting of reduced worktime should not adversely affect provision of office or departmental coverage or other services during assigned hours of operation.
(b) Generally, participation will be less feasible for employees who are in positions included in the Management Personnel Plan.
(c) If requests for reduced worktime exceed the number that can be granted within these provisions, employees may be selected based on program need.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43134.1. Minimum Time for Participation.
Normally, reduced worktime shall be implemented for a minimum of six pay periods and shall begin on the first day of a pay period. Under special circumstances, the President may permit an employee to participate for less than six pay periods. Refusal by the President to grant participation for less than six pay periods shall not be grievable by the employee.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Cod. Reference: Section 89500, Education Code.
s 43135. Right to Grieve if Coerced or Unreasonably Denied Participation.
Any employee who has had worktime reduced against his or her will, contrary to the intent of this Article, or who has been unreasonably denied the right to participate in this program may file a grievance pursuant to the established employee grievance procedures. Management Personnel Plan employees may appeal any such adverse action in accordance with Section 42728 of this Subchapter.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43136. Effect of Participation on Seniority.
Employees who reduce their worktime shall be subject to the same provisions governing layoff as before their reduction in time base. Seniority credits for part-time service after reduction in time base of a permanent employee shall be earned in the proportion that the part-time service bears to full-time employment.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43137. Return to Full-Time Work -Employee Request.
Permanent employees participating in the reduced worktime program shall be given first priority to return to full-time employment in the same class upon the written request of the employee to the extent that the President determines that full-time work is available. Employees who refuse an offer of full-time work in their class after requesting to return to full-time work shall have waived their right to return to full-time employment. Temporary and probationary employees who reduce their time base shall not be given priority status nor have a right to return to full-time status.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43137.1. Return to Full-Time Work -Campus Request.
Permanent employees participating in the reduced worktime program shall return to full-time employment in the same class at the request of the President if the President decides that it is no longer feasible, as determined in this Article, to continue a position on a reduced worktime basis. The campus shall notify the employee in writing at least 30 days prior to the date the employee is to report to work full time, except that in circumstances which could not be reasonably foreseen, the employee may be required to work full time without prior notice for the duration of the special circumstances.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43138. When Budget Reductions Are Contemplated.
If a budget reduction of 1% or more of full-time equivalent positions is contemplated within the California State University by the Board of Trustees or their designees, voluntary participation in this reduced worktime program shall be solicited and encouraged by the President, to the extent that it is feasible, to attempt to preserve employment opportunities through a redistribution of workload. The purpose of this provision is to minimize the necessity for layoffs or other dislocations of careers. This section shall terminate on June 30, 1982 unless the statutory authority therefor is continued beyond that date.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43139. Administration.
The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the provisions of this Article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43140. Purpose and Definitions.
It is the purpose of the Board of Trustees in adopting this Article to implement Government Code Section 19996.20 et seq. and Education Code Section 89557 to provide a voluntary reduced worktime program, to the extent feasible, for full-time academic teaching employees of the California State University. "Reduced worktime" means working less than full time and taking a pro rata reduction in salary and benefits. Options available to teaching faculty in a reduced worktime program include:
(a) reducing the employee's time base;
(b) reducing the number of terms taught; or
(c) a combination of (a) and (b).
Tenured full-time employees will derive the primary benefit from participation in this program since only tenured full-time employees retain tenure status when reducing their time base to less than full time. Full-time probationary employees choosing to reduce their time base to less than full time are upon the reduction, temporary employees and lose the opportunity to gain credit toward tenure.
As used in this Article, "President" means president or designee of a California State University or College with regard to employees of a State University or College.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43141. Eligibility.
All full-time academic teaching employees of the California State University may request and be considered for participation in the reduced worktime program authorized by this Article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43142. Salary and Benefits.
An employee who has been authorized to participate in the reduced worktime program shall receive the pro rata share of salary and benefits which were available to the employee while serving in a full-time position, except those benefits provided under the Public Employees' Retirement Act and under the Public Employees' Medical and Health Care Act. The pro rata share of salary and benefits shall be equal to the full-time salary and full-time level of benefits multiplied by the proportion that the reduced worktime bears to full-time employment. Benefits provided under the Public Employees' Retirement Law and the Public Employees' Medical and Health Care Act shall be provided as authorized in the Law and the Act.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code.Reference: Section 89500, Education Code.
s 43143. Request for Participation.
Each President, following the campus' consultative process, shall develop procedures for requesting participation in the reduced worktime program which include, as a minimum, the following:
(a) The employee shall submit a request for participation in the reduced worktime program to the President in writing by the established deadline;
(b) Once the President has received a timely request for participation, the President shall issue to the employee general written information concerning the effect of participation on employment status, compensation and benefits, including health and retirement benefits;
(c) If the President approves the request for participation, the employee shall be notified in writing with a statement of the anticipated effect on the employee's status and pay and with any other pertinent information regarding program participation. The employee shall sign and return to the President a copy of the notification as evidence that he or she has received it and has read and understands the effect of participation;
(d) If the request for participation is denied, the President shall notify the employee in writing of the reason for denial.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43144. Condition of Participation.
Participation in the reduced worktime program authorized by this Article shall be approved if the President determines that the reduction in time base is feasible in terms of the academic program of the institution. In determining whether participation is feasible, the President shall consider such factors as the following:
(a) The reduced workload should not adversely affect the curricular offerings of the department or the institution;
(b) The reduced workload should not adversely affect the rate of progress of students through the major in the department or the offering of service courses by the department;
(c) The reduced workload should not adversely affect other functions of the department or the institution.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43144.1. Minimum Time for Participation.
Normally, reduced worktime shall be implemented for a minimum of one academic year with participation commencing at the beginning of the academic year. Under special circumstances, the President may grant participation for less than one academic year or approve commencement of participation at the beginning of any academic term within the academic year. Refusal by the President to grant participation for less than an academic year or allow participation to commence within the academic year shall not be grievable by the employee.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43145. Right to Grieve if Coerced or Unreasonably Denied Participation.
Any employee who has had worktime reduced against his or her will, contrary to the intent of this Article, or who has been unreasonably denied the right to participate in the worktime reduction program may file a grievance pursuant to the established employee grievance procedures.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43146. Effect of Participation on Seniority.
Employees who reduce their worktime shall be subject to the same provisions governing layoff as before their reduction in time base. Seniority credits for part-time service after reduction in time base of a permanent employee shall be earned in the proportion that the part-time service bears to full-time employment.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43147. Return to Full-Time Work -Employee Request.
Employees participating in the reduced worktime program shall be given first priority to return to full-time employment upon the written request of the employee to the extent that the President determines that full-time work is available. Employees who refuse an offer of full-time work in their assigned teaching service area after requesting to return to full-time work shall have waived their right to return to full-time employment. Temporary and probationary employees who reduce their time base shall not be given priority status nor have a right to return to full-time status.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43147.1. Return to Full-Time Work -Campus Request.
Tenured employees participating in the reduced worktime program shall return to full-time employment at the request of the President if the President decides that it is no longer feasible, as determined in this Article, to continue a position on a reduced worktime basis. The President shall notify the employee in writing no later than the end of the sixth week of the last academic term worked.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43148. When Budget Reductions Are Contemplated.
If a budget reduction of 1% or more of full-time equivalent positions is contemplated within the California State University and Colleges by the Board of Trustees or their designees, voluntary participation in this reduced worktime program shall be solicited and encouraged by the President, to the extent that it is feasible, to attempt to preserve employment opportunities through a redistribution of workload. The purpose of this provision is to minimize the necessity for layoffs or other dislocations of careers. This section shall terminate on June 30, 1982 unless the statutory authority therefor is continued beyond that date.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43149. Administration.
The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the provisions of this Article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43150. Purpose.
It is the purpose of the Board of Trustees in adopting this Article to implement the authority of the Board in Education Code Section 89516 to provide certain academic teaching employees, librarians, counselors and student affairs officers the opportunity to request the campus President or designee to reduce their workload while maintaining full retirement or other benefits for which payment by the employee and employer is made as a transition to retirement status as authorized by the law. Although the Board of Trustees does not necessarily recommend participation in this program to all employees, the Board does recognize that there may be advantages in individual cases of making a phased transition to retirement while maintaining full-time service credit.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
s 43151. Eligibility.
Only full-time academic teaching employees, librarians, counselors and student affairs officers who satisfy each of the following conditions may be considered for participation in the workload reduction program authorized by this Article:
(a) The employee shall be at least 55 years of age but not more than 66 years of age on the effective date of the reduction in workload; if the employee is a member of the Public Employees Retirement System; or at least 55 years of age but not more than 64 years of age on the effective date of the reduction in workload, if the employee is a member of the State Teachers Retirement System; and
(b) The employee shall have been employed full time as an academic employee, librarian, counselor or student affairs officer of the California State University for at least ten years, of which the five years immediately preceding the effective date of the reduction in workload were years of full-time employment; and
(c) The employee shall receive no higher salary than the maximum paid to a department chairman.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
s 43152. Request for Participation.
An eligible employee may request participation in the workload reduction program by submitting to the campus President or designee a request in writing no later than six months prior to the effective date of the reduction in workload unless such time period is waived by the President or designee. The President or designee may grant the request if it appears that the employee's participation in the program will be in the best interests of the employee and the campus.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
s 43153. Condition of Participation.
Participation in the workload reduction program authorized by this Article shall be subject to the following conditions:
(a) The time base of an employee who has been approved for participation shall be reduced from full time to:
(1) two-thirds of full time or such percentage as shall average two-thirds of full time during each year of the employee's participation in the workload reduction program; or
(2) one half of full time or such percentage as shall average one half of full time during each year of the employee's participation in the workload reduction program; or
(3) one third of full time or such percentage as shall average one third of full time during each year of the employee's participation in the workload reduction program.
(b) The employee shall fulfill over the course of each year of participation in the program the appropriate pro rata share of his or her employment obligations and service contributions, including teaching, advisement, committee service, or other assignments which would have been required had the employee continued on a full-time basis.
(c) Once an employee is authorized to reduce full-time employment to a percentage specified in subdivision (a), the employee may not revoke such reduced employment and return to full-time employment or any fraction thereof without the approval of the campus President or designee.
(d) The maximum period of service at the reduced time base shall not exceed five years and
(1) for employees who are members of the Public Employees' Retirement System, such reduced employment shall not extend beyond the 67th birthday of the employee; or
(2) for employees who are members of the State Teachers' Retirement System, such reduced employment shall not extend beyond the 65th birthday of the employee.
(e) At the conclusion of an employee's maximum period of reduced service, the employee shall normally retire. An employee who does not retire following such period of service shall not return to full-time employment but may continue at the reduced level of employment outside of the workload reduction program authorized in this Article. Benefits accruing from such continued service shall be the same as the benefits which accrue to other part-time employees outside of the program.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
s 43154. Salary and Benefits.
An employee who has been authorized to participate in the workload reduction program shall receive over the course of each year of participation in the program the appropriate pro rata share of the salary which the employee would have received if continued on a full-time basis but shall retain as though employed on a full-time basis all retirement, health, and other benefits for which the employee and employer make the payments that would be required if the employee remained in full-time employment.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
s 43155. Administration.
The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the policy and provisions of this Article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89516, Education Code.
s 43170. Purpose.
It is the purpose of the Board of Trustees in adopting this Article to provide qualifying tenured faculty the option of part-time service after early retirement, as authorized by applicable statutory provisions, Government Code Section 21155 for members of the Public Employees' Retirement System and Education Code Section 23918 for the members of the State Teachers' Retirement System. Faculty retirants under both systems, with certain exceptions and limitations, may serve in teaching positions with the California State University without reinstatement from retirement or any loss or interruption of retirement benefits. The Board of Trustees does not necessarily recommend such early retirement and subsequent part-time service to all employees. The faculty member is to base his or her election to participate in the program on an individual evaluation of the program's application and merits.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code.
s 43171. Eligibility.
In addition to satisfying the requirements in either Government Code Section 21155 or Education Code Section 23918, a faculty member who wishes to participate in the Faculty Early Retirement Program must
(a) be a tenured member of the faculty;
(b) file his or her election to participate in the early retirement program; and
(c) apply for and be granted service retirement.
Note: Authority cited: Sections 66600, 89030, 89035, and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code.
s 43172. Election to Participate.
A tenured faculty member who is eligible to retire and elects to participate in the Faculty Early Retirement Program shall file his or her election in writing with the campus president or president's designee no later than six months prior to the beginning of the faculty member's academic year which would otherwise next follow the effective date of his or her service retirement. The president or the president's designee may waive all or a portion of this time period.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code.
s 43173. Conditions of Participation, Salary and Benefits.
Participation in the Faculty Early Retirement Program shall be subject to the following conditions:
(a) Within the limitation set forth in the applicable retirement law for such post-retirement service, retirant shall have the right to continued employment for one term each academic year at the rank held at the time of retirement, unless the employee elects otherwise, until attaining mandatory retirement age or until the conclusion of the academic year in which he or she attains mandatory retirement age. As used in this Article, "mandatory retirement age" means the mandatory retirement age as provided in Government Code Section 20981. Retirant's right to continued employment shall terminate at an earlier date in the event of dismissal for cause, layoff, or failure to meet the employment commitment. For purposes of layoff affecting a retirant's teaching service area, the order for layoff shall be in the inverse order of the retirant's total length of service at the campus, including service before and after retirement.
(b) Retirants shall serve during the term of employment determined by the campus.
(c) Retirant's time base for service under this Article shall be the same as his or her time base during the academic year immediately prior to retirement.
(d) During his or her term of service, a retirant serving full time under this Article shall fulfill his or her employment obligation and service contributions, including teaching, advisement, committee service, and other instructionally related assignments which would be required if such person had not retired, provided that such obligations, contributions, and assignments shall not extend beyond the conclusion of the term of service under this Article. For purposes of such obligations, contributions, and assignments, a retirant shall be deemed a tenured member of the faculty.
(e) With the consent of the campus president, a participant in this program may be granted leave without pay for one or more terms in which he or she is scheduled to teach. After electing to participate in this program, a retirant shall be entitled to one leave of absence without pay for a term in which he or she is scheduled to teach if such leave is needed because of the participant's personal illness. No compensated leave of any kind, other than sick leave, shall be allowed participants in this program. The balance of accrued sick leave time of members of Public Employees' Retirement System and State Teachers' Retirement System is converted to service credit at the time of retirement and is therefore not available for use by retirants serving in this program. Retirants serving in the early retirement program shall accrue sick leave benefits in the same manner and subject to the same regulations as other employees of the California State University.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code.
s 43174. Administration.
The Chancellor or designee is authorized to issue such orders and take such other action as may be necessary or appropriate to implement the policy and provisions of this Article.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 21918, Education Code; and Section 21155 Government Code.
Note: Authority cited for Article 7 (Sections 43200-43206): Sections 66609, 89030 and 89500, Education Code.
s 43300. Probationary Employee Defined.
For the purposes of this article a probationary employee is an employee who has been appointed in accordance with the provisions of Education Code Section 89531 or 66609 and who has not completed the probationary period of employment.
Note: Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Sections 66609, 89530, 89531 and 89533, Education Code.
s 43301. Probationary Nonacademic Employees.
Any probationary nonacademic employee may be separated from service at any time upon written notice of rejection to the employee signed by the appointing power. The employee shall be given written notice of rejection for permanent status, which notice should be given not less than 30 days prior to the date the employee's probationary period ceases. The notice shall be mailed by registered mail, with return receipt requested, to the employee at his or her last known address or it may be delivered to the employee who shall acknowledge receipt of the notice in writing. If the notice is delivered to the employee and the employee refuses to acknowledge receipt thereof, the person delivering the notice shall make and file with the appointing power an affidavit of service thereof.
Note: Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Sections 66609, 89530, 89531 and 89533, Education Code.
s 43302. Probationary Administrative Employees.
Probationary employees of the Chancellor's Office may be rejected during probationary period, as specified in this Article 8 except that the Chancellor shall act instead of a campus president.
Note: Authority cited: Sections 66600, 89030, 89035, 89500 and 89534, Education Code. Reference: Sections 66609, 89530, 89531 and 89533, Education Code.
s 43350. Policy.
It is the policy of The California State University to require periodic performance appraisals for each permanent, probationary, or Management Personnel Plan employee.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43351. Procedures.
Procedures shall be established for periodic performance appraisals of permanent or probationary employees consonant with the policies of the Board of Trustees and the Chancellor. Procedures for performance appraisals of Management Personnel Plan employees shall be consonant with Section 42722 of this Subchapter.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43352. Part-Time Nonacademic Employees.
Note: Authority cited: Sections 66600, 66606, 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43353. Excluded Employees.
Note: Authority cited: Sections 66600, 66606, 89030 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43400. Disabled Employees Eligible for Disability Retirement.
An employee who is a member of the Public Employees' Retirement System, who is credited with at least five years of state service, and who is believed by the appointing power to be disabled, may not be dismissed because of disability unless the employee:
(a) Waives the right to retire for disability; and
(b) Either:
(1) Elects to withdraw retirement contributions; or
(2) Elects to permit retirement contributions to remain in the retirement fund with rights to service retirement as provided in Government Code Section 20393.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
s 43401. Application for Disability Retirement by an Employee.
Pursuant to Government Code Section 21023, an employee who is a member of the Public Employees' Retirement System and who is credited with at least five years of state service may make application for disability retirement to the Public Employees' Retirement System.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
s 43402. Application for Disability Retirement by the Appointing Power.
The appointing power shall apply for disability retirement on behalf of an employee as to whom Section 43400 operates to prevent dismissal because of disability.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
s 43403. Dismissal, Demotion and Reassignment.
A permanent, probationary, or Management Personnel Plan employee who is believed by the appointing power to be disabled, and as to whom Section 43400 does not operate to prevent dismissal, may be dismissed because of such disability, and any permanent, probationary, or Management Personnel Plan employee who is believed by the appointing power to be disabled may be demoted or reassigned because of such disability, only if, prior to such dismissal, demotion or reassignment:
(a) The appointing power first requests a medical examination as provided in Section 43404; or
(b) The employee submits a medical report as provided in Section 43405.
Recommendations for dismissal or demotion under this section shall be made by the campus president to the Chancellor.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code.
s 43404. Medical Examination.
Any permanent, probationary, or Management Personnel Plan employee may be required to submit to medical examination by a physician or physicians designated by the appointing power to evaluate whether or not the employee is disabled from performing the duties of the position. Fees for the examination shall be paid by the appointing power.
The examining physician shall make a written report of the examination to the appointing power. A copy of the report shall be provided to the employee.
The employee may submit medical reports or other pertinent information to the examining physician or to the appointing power.
Failure or refusal of the employee to submit to a medical examination required by the appointing power shall constitute a failure or refusal to perform the normal and reasonable duties of the position. In such event, the absence of an examination shall not prevent the appointing power from submitting an application for disability retirement of the employee, or from commencing disciplinary action pursuant to law.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code.
s 43405. Medical Report Submitted by the Employee.
In lieu of or in addition to a medical examination as provided in Section 43404, the appointing power may rely upon a medical report from the employee's physician.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
s 43406. Demotion and Reassignment.
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.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code.
s 43407. Reinstatement Rights.
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.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code; and Section 20393, Government Code.
s 43408. Reinstatement from Retirement.
A recipient of a disability retirement allowance who is reinstated from retirement by the Public Employees' Retirement System shall be entitled to reemployment as provided in Government Code Sections 21028 and 21029.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
s 43409. Voluntary Change in Employment Status.
Nothing contained in this article shall be construed to limit the authority of the appointing power with respect to reassignments, disciplinary actions, resignations or other changes in employment status to which the employee consents.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
s 43410. Disciplinary Action.
Except as otherwise specifically provided in this article, nothing contained in this article shall be construed to prevent the dismissal, demotion, or suspension of an employee pursuant to law.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 20393, Government Code.
s 43420. Delegation of Authority.
The Chancellor shall prescribe, and may from time to time revise, rules and procedures for the administration of industrial disability leave benefits in accordance with Chapter 3.5 (commencing with Section 18120) of Part 1 of Division 5 of Title 2 of the Government Code and nonindustrial disability insurance in accordance with Chapter 3.6 (commencing with Section 18135) of Part 1 of Division 5 of Title 2 of the Government Code.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Sections 18128 and 18142, Government Code. Reference: Section 89500, Education Code.
s 43500. Notice.
Notice of the reassignment of an administrative employee pursuant to Section 66609 of the Education Code shall be in writing signed by the president of the campus, or the Chancellor in the case of the Chancellor's Office. Such notice shall be served on the employee and shall set forth a statement of the employee's right to answerwithin twenty (20) days and request a hearing on the questions of whether the required procedure was not followed, or of whether the position to which he or she is reassigned is not commensurate with his or her qualifications. (continued)