How have courts interpreted section 19996.2(a) of the California Civil Code of Civil Procedure when determining whether an employee has been on an unauthorized leave for a period of time?

California, United States of America


The following excerpt is from Coleman v. Department of Personnel Administration, 278 Cal.Rptr. 346, 52 Cal.3d 1102, 805 P.2d 300 (Cal. 1991):

In my estimation, this range of procedures suffices "to minimize the risk of erroneous decisions [citations]...." (Mackey v. Montrym, supra, 443 U.S. at p. 13, 99 S.Ct. at p. 2618.) The majority conclude otherwise based upon a misidentification of the "erroneous decision" against which they seek to interpose due process protections. The state may invoke section 19996.2(a) only upon confirming the employee's unauthorized absence for the designated period. As in Mackey v. Montrym, supra, the relevant determination rests on "objective facts either within the personal knowledge of an impartial government official or readily ascertainable by him." (443 U.S. at p. 13, 99 S.Ct. at p. 2618.) This is not a discretionary assessment subject to arbitrary application; and nothing in the statute itself nor on the record before us suggests to the contrary.

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