Allen

The Department of Consumer Affairs and the Contractors’ State License Board appeal the judgment of the trial court granting a writ of mandate reinstating petitioner Joanne L. Allen to employment. (Code Civ. Proc., § 1094.5.) We reverse the judgment and hold that the Department of Personnel Administration may invoke Government Code section 19996.2 only when a state employee admits his absence was without permission or when the employer reasonably believes that the employee has abandoned his position. (Zike v. State Personnel Bd. (1983) 145 Cal.App.3d 817, 824 [ 193 Cal.Rptr. 766 ].) We also hold that the trial court must review the decision of the Department of Personnel Administration according to the substantial evidence rule.

Facts

The Department of Consumer Affairs, Contractors’ State License Board (the Board) employed Joanne L. Allen to investigate consumer complaints against contractors. During March and April 1982, Allen took two leaves of absence without pay to complete assignments. On April 23, 1982, her supervisor, Marvin Lefler, reprimanded her and wrote that future absences must be due to illness, supported by a physician’s explanation for absences longer…