Military Leave - Government Codes and Statutes
Government Codes
19772 - Short-term military leave lasts 6 months or less. Long-term military leave lasts more than 6 months.
19773 - Emergency military leave is for members of the National Guard during such time as the Governor may have issued a proclamation of a state of extreme emergency or insurrection under the provisions of Section 143 or 146 of the Military and Veterans Code or during such time as the National Guard may be on active duty for one or more situations in Section 146 of the Military and Veterans Code. If you were serving a probationary period when you went on military leave, the time remaining to be served in that probationary period must be completed upon the return to your former position.
19774 - If you're in the reserve military or National Guard, you can take time off without pay to attend scheduled reserve drill periods or perform other inactive duty reserve obligations.
19775 - Long-term military leave.
19775.1 - The State grants short-term military leave for annual training such as active duty military training, encampment, naval cruises, and special exercises.
19775.3 - For determining your seniority, the time you were on military leave counts as though you had remained in your State job. If you have the right of return to a position in State service, you're entitled to General Salary Adjustment, Labor Marked Adjustments, Merit Salary Adjustments, Special In-grade Salary Adjustments, and range changes you would have receive if you'd continued on the job. Time spent on military leave counts toward a higher vacation allowance. If you were serving a probationary period when you went on military leave, the time remaining to be served in that probationary period must be completed upon the return to your former position
19775.15 through 19775.18 - War or national emergency leave is granted when the President has determined that it's necessary to augment the active forces for any operational mission, or in time of a national emergency declared by the President or Congress.
19775.15 - Iraq-Kuwait.
19775.16 - Bosnia. Defines entitlement to additional compensation or benefits.
19775.17 - Presidential determination of national emergency following September 11, 2001 attack.
19775.18 - War on Terrorism. Defines entitlement to additional compensation or benefits.
19780 - You must return to State service within six months after the end of your long-term military service. Your military service can't extend beyond five years except under special circumstances.
19782 - Reinstatement rights limited to 10 calendar days after end of short-term military leave of 30 days or less, 14 calendar days after end of short-term military leave, of more then 30 but less than 180 days, or 30 calendar days after any period of rehabilitation afforded by the US or the State following military service. If you're a limited-term or temporary State employee and have no prior permanent civil service status, and your position expired or was abolished while you were on military leave, you may be separated as of the date your position expired or was abolished, just as you would have been separated had you not been in the military service.
19784 - For determining your seniority, the time you were on military leave counts as though you had remained in your State job.
19785 - If you served in a position that was transferred to another State agency during your absence, you have the right of return to that other agency.
18540 - Defines active full-time military duty in the US armed forces for purposes of determining qualifying military service.
20990, 20998 - Right to CalPERS service credit for military duty.
20997 - The State pays both employer and employee contributions to CalPERS.
Military and Veterans Code
143 and 146 - Defines state of extreme emergency, insurrection, and other times during which the National Guard may be on active duty in an emergency.
395.08 - Defines entitlement to additional compensation or benefits.
Title 10, Sections 12302 and 12304 - Defines "the event" (War on Terrorism).
Title 10, Sections 12521 and following - Federal Ready Reserve Mobilization Income Insurance Program (RRMIIP).
Title 38, Statue 4312 - Reinstatement rights limited to 10 calendar days after end of short-term military leave of 30 days or less, 14 calendar days after end of short-term military leave, of more then 30 but less than 180 days, or 30 calendar days after any period of rehabilitation afforded by the US or the State following military service. Permanent or probationary State employees must return to State service within 14 calendar days after the end of short-term military leave, following any period of rehabilitation afforded by the US or after the termination of the State military emergency ordered by the Governor. Provides for an exception to the five year limit on long-term military leave.
D-65-02 - Extended the period of supplemental pay and benefits to 730 calendar days for leave in support of the War on Terrorism.
