Military Leave - Right of Return
If you're a permanent or probationary State employee, you have the right of return to your former position. This can be
- the last position you held,
- a position at the same level, or
- a position to which you could have transferred.
If you're a permanent State employee in a limited-term or temporary position at the time of your military leave, and your position expired or was abolished, your right of return will be based on your previous permanent position.
If you're a permanent or probationary State employee, and your position was abolished while you were on military leave, this may result in a layoff situation. Seniority determines who's affected by a layoff. For determining your seniority, the time you were on military leave counts as though you had remained in your State job (GC 19784, 19775.3).
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 (GC 19782).
Transfer to Another Agency
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 (GC 19785).
You may not have a right of return. For example, at the end of your long term military service, you may have exceeded the six month limit. If you don't have a right of return, you should ask your former department about your eligibility for a permissive reinstatement.
