If you accept employment in an exempt position you do not obtain permanent status and therefore, can be terminated from your assignment at any time. When terminating an exempt, departments provide a written notification to the employee of the termination.
Reinstatement Options
If you vacate a permanent civil service position to accept an exempt position you could have up to two reinstatement options. These options are as follows:
- Mandatory reinstatement to former position (GC section 19141). This request must be made by the employee within 10 working days after the effective date of the exempt termination.
- Improved reinstatement eligibility to request a deferred examination
(GC section 19141.1). This request must be made by the employee within four years of the exempt termination.
If you are not eligible for any of the options above you do not have a right of return to civil service. However, you may be eligible to take promotional examinations for classes in which you meet the minimum qualifications. (GC section 18990 and 18992)
Reference Source: GC sections 19141, 19141.1, 18990, 18992, HR Manual - Section 1301
Exempt Return Rights Worksheet and Summary Chart
Departments should use the following tools to determine the rights and options of exempt appointees:
Exempt Return Rights Worksheet - CalHR-770
Exempt Return Rights Options Summary
Exempt Return Rights/Termination Sample Letters
The following sample letters are a guide for departments that provide suggested language to be used when preparing exempt termination notices:
Sample Letter A - No prior civil service status, but meets the criteria of GC section 18992
Sample Letter B - Prior civil service status with break in service
Sample Letter C - Prior civil service status
