1. (a) An intermittent employee whose continuity of employment in a position is interrupted by a nonwork period that extends longer than one year may be considered to have automatically resigned from the position without fault as of one year from the last day the employee was on pay status subject to the restrictions in subsection (b).

2. (b) separations are restricted to:

   1. (1) nonwork periods not covered by a paid leave, a formal leave of absence without pay or other temporary separation and,
   2. (2) those circumstances which create a presumption that the employee has abandoned his or her position.

Note: Authority cited: Section 18701, Government Code. Reference: Section 19100.5, Government Code.

History

1. New section filed 5-15-73; effective thirtieth day thereafter (Register 73, No. 20).

2. Amendment of section and Note filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15).

3. Editorial reprinting of text deleted in error in Register 84, Nos. 8 and 12 (Register 84, No. 15).

4. Amendment filed 8-28-85; effective thirtieth day thereafter (Register 85, No. 35).

5. Designation and amendment of subsection (a), new subsections (b)-(b)(2) and amendment of Note filed 9-4-92; operative 10-5-92 (Register 92, No. 36).