Section 439.4 - Completion of a Training and Development Assignment(a) After completion of a training and development assignment that was not in the position the employee held prior to the assignment, the employee shall have the absolute right to return to their former position.(b) Notwithstanding subdivision (a), an employee who successfully completes a training and development assignment in a different position, regardless of whether the classification is the same or different or whether the appointing power is the same or different, may be appointed to the same position in which they served the training and development assignment provided that all of the following apply: (1) The appointment is by way of transfer, list appointment, or demotion.(2) The employee satisfies the minimum qualifications of the classification.(3) The employee competed for the assignment pursuant to section 439.3 and the assignment was advertised pursuant to sections 249.1, 249.1.1, and 249.2, unless otherwise exempted.(c) If an employee is appointed pursuant to subdivision (b), the employee shall serve the applicable probationary period pursuant to section 322.(d) The experience and training earned in the training and development assignment may be used by the employee to satisfy minimum qualifications for a classification. The time spent in the training and development assignment shall be considered as qualifying experience in the employee's current class and the class of the training and development assignment.(e) Within 30 calendar days of the completion and/or termination of the training and development assignment, the appointing power shall provide a written statement to the employee certifying the training and development experience. The written statement shall include all of the following: (1) The classification of the training and development assignment;(2) A description of the type and level of duties performed; and(3) The beginning and ending dates of the training and development assignment.(f) Appointing powers shall retain verification statements pursuant to section 26.(g) An employee may file an appeal with the Board from the appointing authority's denial of a request for use of training and development experience for meeting minimum qualifications in an examination pursuant to section 52.4.Cal. Code Regs. Tit. 2, § 439.4
Note: Authority cited: Sections 18502, 18701 and 19050.8, Government Code. Reference: Section 19050.8, Government Code.
Note: Authority cited: Sections 18502, 18701 and 19050.8, Government Code. Reference: Section 19050.8, Government Code.
1. 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).
2. Amendment of subsections (b) and (d) filed 9-15-2022; operative 10/1/2022 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2022, No. 37).
3. Amendment of subsections (a) and (c) and new subsections (e)-(g) filed 3-12-2024; operative 7/1/2024 pursuant to Government Code section 18211. Submitted to OAL for filing and printing only pursuant to Government Code section 18211 (Register 2024, No. 11).