Article 2 - Military Leave of Absence

California Government Code — §§ 19771-19774

Sections (5)

§ 19771

Amended by Stats. 2005, Ch. 151, Sec. 1. Effective January 1, 2006.

(a)Upon presentation of a copy of orders for active duty in the Armed Forces, the National Guard, or the Naval Militia, the appointing power shall grant a military leave of absence for the period of active duty specified in the orders, but not to exceed five years for a permanent, probationary, or exempt employee, or for the remainder of a limited-term employee’s appointment or a temporary employee’s appointment.

(b)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act.

§ 19771.5

Amended by Stats. 2020, Ch. 97, Sec. 9. (AB 2193) Effective January 1, 2021.

For purposes of this chapter, members of the State Guard shall be granted leave for military service, rights and benefits accrued during that service, and reinstatement after that service by their appointing power on the same basis as members of the National Guard or other military reserve personnel.

§ 19772

Added by Stats. 1971, Ch. 446.

“Short-term military leave” means a leave for six months or less. “Long-term military leave” means a leave of over six months.

§ 19773

Added by Stats. 1971, Ch. 446.

The appointing power shall grant a military leave of absence to an employee who is a member of the National Guard for the period of active duty and travel to and from such duty as specified by 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 Sections 143 and 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. Leave granted pursuant to this section shall be known as “emergency military leave.”

§ 19774

Amended by Stats. 2022, Ch. 384, Sec. 1. (SB 984) Effective January 1, 2023.

(a)Employee members of reserve military units and the National Guard required to perform inactive duty obligations, other than inactive and active duty training drill periods as set forth in Section 19775.1, shall be granted military leave of absence without pay as provided by federal law. Employee members who attend or perform inactive duty obligations, other than inactive and active duty training drill periods, as set forth

in Section 19775.1, may elect to use vacation time or accumulated compensatory time off to attend those other obligations.

(b)If the provisions of this section are in conflict

with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act.