Cal. Code Regs. Tit. 2, § 434 - Involuntary Transfers
(a)
For purposes of this section, an "involuntary transfer" means a transfer that
is not voluntary on the employee's part.
(b) Prior approval of the Board or Department
is not required for an involuntary transfer. The appointing power shall
document the reasons for the involuntary transfer and maintain the
documentation pursuant to section
26.
(c) The involuntary transfer of an employee
with permanent status may be to a different classification, provided that one
or both of the following conditions is satisfied:
(1) The employee satisfies the minimum
qualifications of the "to" class and the "to" class has substantially the same
salary range or salary level as the employee's "from" class.
(2) The employee had previously passed
probation and achieved permanent status in the "to"
classification.
(d) For
employees currently in temporary or limited-term appointments, regardless of
whether they previously had permanent status in civil service or not, an
appointing power shall not transfer them involuntarily to a different class
under the same or different appointing power.
Notes
2. Change without regulatory effect of NOTE filed 12-21-88 (Register 89, No. 1).
3. Editorial correction of HISTORY 2 (Register 95, No. 5).
4. Repealer and new section filed 3-4-2020; operative 7-1-2020 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code sections 18211 and 18213 (Register 2020, No. 10).
Note: Authority cited: Sections 18502, 18701, 19050 and 19050.5, Government Code. Reference: Sections 18525.3 and 19050, Government Code.
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