Transfers - Involuntary

(Revised: 11/2020)

Definition

An involuntary transfer is a transfer that is not voluntary on the employee’s part. Involuntary transfers typically occur with job changes that are impacted by situations such as budget or staff reductions. These may require a department to move an employee into a new job, classification, and/or location due to anticipated layoffs, reassignment of position, reorganization, etc.

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:

• 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; and
• The employee had previously passed probation and achieved permanent status in the “to” classification.

Note: Employees currently in temporary or limited-term appointments, regardless of whether they previously had permanent status in civil service, an appointing power shall not transfer them involuntarily to a different class under the same or different appointing power. Additionally, an employee’s tenure shall not change due to an involuntary transfer.

Authority

California Code of Regulations (CCR), Title 2, Article 19. Transfer and Government Code (GC) Sections 18525.3, 1994.1-.4, and 19050.5 govern the voluntary and involuntary transfer authority and define the transfer process.

Policy

It is the policy of the Department of General Services (DGS) to comply with the CCRs and GCs regarding involuntary transfers, to enforce the general transfer criteria and protect the employee's career advancement opportunities, status, rights, and salary. DGS strives to strike an appropriate balance between the interests of management and the employee.

Procedure

The following chart outlines the procedure for all involuntary transfers: