What is the test for determining whether an employee is entitled to leave without leave?

California, United States of America


The following excerpt is from Harris v. State Personnel Bd., 170 Cal.App.3d 639, 216 Cal.Rptr. 274 (Cal. App. 1985):

Zike v. State Personnel Bd., supra, 145 Cal.App.3d 817, 193 Cal.Rptr. 766, upon which the majority heavily relies, involved facts distinguishable from those of the instant case. In Zike, there was a bona fide factual dispute as to whether the employee, a school counselor, was actually absent without leave due to a pattern over several years of excused late returns from summer recesses, as well as conversations between the employee and other school officials which he might reasonably have interpreted as acquiescence in his tardiness.

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