He is still CEO. He took a leave of absence and Tim Cook is merely acting CEO. He should have still disclosed this earlier. I am sure the SEC will look into this.
Technically, Jobs should have stepped down from signing off on the financial reports. No way he is legally responsible for the audit (and other responsibilities related to filings) and
not going to work. Jobs has relinquished signing authority and responsibilities. He can easily get them back.
That said Jobs and Apple are walking a tight rope where they want walk both sides of the leave (gone, so a transition is already in effect, but still "working" ).
'The Companys CEO has taken a medical leave of absence until the end of June and has been involved in major strategic decisions during his leave. '
http://www.sec.gov/Archives/edgar/data/320193/000119312509085781/d10q.htm
So on leave, but still consulting. As much as that is normal board member communications, that is fine (he is mostly out of the loop. Which in turn means that folks should stay mostly out of his personal business. ). However, the medical leave as fig leaf so that he could still be a workaholic CEO and just duck reporting. That would be deceptive. However, just how warped do some folks think Jobs is?
You might have something if they knew he needed this transplant 10 months ago and deliberately misled the public with other fake medical problems. However, it is equally plausible that he wasn't correctly diagnosed for the root cause problem until after took leave and/or they gave public (wrong) medical excuses to keep the stock price up.
Someone asked if that was a private plane ( same 10-q)
'The Company entered into a Reimbursement Agreement with its CEO, Steve Jobs, for the reimbursement of expenses incurred by Mr. Jobs in the operation of his private plane when used for Apple business. The Company did not recognize any expenses pursuant to the Reimbursement Agreement during the three months ended March 28, 2009 and recognized a total of $4,000 in expenses pursuant to the Reimbursement Agreement during the six months ended March 28, 2009. The Company recognized a total of $30,000 and $580,000 in expenses pursuant to the Reimbursement Agreement during the three- and six-month periods ended March 29, 2008, respectively.'
So since on medical leave, Jobs is paying for flying around in his plane. (Not being a homebody though
http://www.theregister.co.uk/2009/04/24/jobs_jet/) Apple bought him that plane (or the previous edition if replaced it. If he has been flying a lot, it is getting "middle age" at this point.), but it is technically his. The squirmy things that some companies do though is enter into these "Reimbursement" agreements where companies assumes the bulk of the upkeep and operating costs of the plane with junkets that are cast as business trips. This too doesn't seem to be abused in this case so not sure what solid case the SEC could build.