California Codes

Cal. Government Code § 19996.2 (2026)

✓ current as of May 2026

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(a)Absence without leave, whether voluntary or involuntary, for five consecutive working days is an automatic resignation from state service, as of the last date on which the employee worked.

A permanent or probationary employee may within 90 days of the effective date of such separation, file a written request with the department for reinstatement; provided, that if the appointing power has notified the employee of his or her automatic resignation, any request for reinstatement must be made in writing and filed within 15 days of the service of notice of separation. Service of notice shall be made as provided in Section 18575 and is complete on mailing. Reinstatement may be granted only if the employee makes a satisfactory explanation to the department as to the cause of his or her absence and his or her failure to obtain leave therefor, and the department finds that he or she is ready, able, and willing to resume the discharge of the duties of his or her position or, if not, that he or she has obtained the consent of his or her appointing power to a leave of absence to commence upon reinstatement.

An employee so reinstated shall not be paid salary for the period of his or her absence or separation or for any portion thereof.

(b)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1985–2025 · leading case: Coleman v. Dep't of Pers. Admininistration, 805 P.2d 300 (Cal. 1991).

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Coleman v. Dep't of Pers. Admininistration, 805 P.2d 300 (Cal. 1991). · cites it 2× “For convenience, Government Code section 19996.2, subdivision (a), will be referred to as section 19996.”

Harris v. State Pers. Bd., 170 Cal. App. 3d 639 (Cal. Ct. App. 1985). · cites it 2× “" [3] Government Code section 19503 was repealed by Statutes 1981, chapter 230, section 51 and recodified as section 19996.”

Duncan v. Dep't of Pers. Admin., 15 I.E.R. Cas. (BNA) 1753 (Cal. Ct. App. 2000). “(a)), commonly known as the “AWOL” statute, provides: “Absence without leave, whether voluntary or involuntary, for five consecutive working days is an automatic *1178 resignation from state service, as of the last date on which the employee worked. . . .” In concluding that an…”

Robison v. City of Manteca, 78 Cal. App. 4th 452 (Cal. Ct. App. 2000). “In light of the fact a criminal defendant may plead guilty and waive the entire panoply of constitutional rights, this is an untenable proposition.”

Velarde v. DMV (N.D. Cal. 2020). “” Here, without dispute, Defendant sent only a notice 2 of AWOL on June 30, 2015 after Plaintiff’s first purported absence on June 29, 2015, notifying 3 her that if she continued to be absent, AWOL status would commence by July 3, 2015.”

Oggel v. Cal. Dept. of Fish & Wildlife CA2/6 (Cal. Ct. App. 2024). “(Gov. Code, § 19996.2, subd. (a).)2 Appellant filed another appeal with the SPB, challenging the medical demotion.”

Wadsworth v. California Dep't of Corr. & Rehab. (CDCR) (N.D. Cal. 2025). “See Exhibit G (excerpt below): Please take notice that effective close of business June 27, 2025, the 2 California Department of Corrections and Rehabilitation, California Correctional Health Care Services, intends to invoke the AWOL 3 statute (Government Code Section 19996.2)…”

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