AWOL Hearing Back Pay Clause Samples
The AWOL Hearing Back Pay clause establishes the conditions under which an employee who was absent without official leave (AWOL) and subsequently cleared through a hearing may be entitled to receive back pay for the period of absence. Typically, this clause outlines the process for reviewing the circumstances of the absence, the criteria for determining eligibility for back pay, and any limitations or exceptions that may apply. For example, if an employee is found not at fault after an AWOL hearing, they may be compensated for lost wages during the disputed period. The core function of this clause is to ensure fairness by providing a mechanism for employees to recover lost earnings if their AWOL status is overturned, thereby protecting both employee rights and organizational integrity.
AWOL Hearing Back Pay. In any hearing of an automatic resignation (AWOL) pursuant to Government Code section 19996.2, the hearing officer shall have the discretion to award back pay. Once adopted by the CalHR, the hearing officer’s decision with respect to back pay shall be final and is neither grievable nor arbitrable under any provision of this Contract, nor may it otherwise be appealed to a court of competent jurisdiction. This provision does not alter or affect the right to bring a legal challenge or appeal of the other aspects of the hearing officer’s decision as provided in law. This does not otherwise limit or expand any other authority of the hearing officer under Government Code 19996.2.