Chapter 7 - Privileges and Penalties

California Military and Veterans Code — §§ 389-399.5

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Sections (30)

Amended by Stats. 1973, Ch. 174.

(a)As used in this chapter, “temporary military leave of absence” means a leave of absence from public employment to engage in ordered military duty for a period which by the order is not to exceed 180 calendar days including travel time for purposes of active military training, encampment, naval cruises, special exercises or like activity as a member of the reserve corps or force of the armed forces of the United States, or the National Guard, or the Naval Militia.

(b)“Public employee” means any officer or employee of a public agency, except for those officers or employees of the state subject to the provisions of Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code.

(c)“Public agency” means the state, or any county, city and county, city, municipal corporation, school district, irrigation district, water district, or other district.

(d)“Armed forces” or “armed forces of the United States” means the “armed forces” as defined in Section 18540 of the Government Code.

(e)“Recognized military service” means service as defined in Section 18540.3 of the Government Code.

§ 390

Amended by Stats. 1967, Ch. 1188.

No person belonging to or on duty with the active militia of the state, or engaged in the performance of military duty on call of the Governor or in pursuance of an order of the President of the United States shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty.

§ 391

Repealed and added by Stats. 2024, Ch. 129, Sec. 31. (SB 1097) Effective January 1, 2025.

Every member of the active militia, on active military orders, shall be exempt from road tax and head tax of every description, from jury duty, including service on coroners’ juries, and from service on any posse comitatus, if the member furnishes a copy of their active military orders or a letter from their immediate commanding officer or the Office of the Staff Judge Advocate.

§ 392

Amended by Stats. 2021, Ch. 183, Sec. 3. (SB 352) Effective January 1, 2022.

(a)Members of the militia in the active service of the state shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty.

(b)Subdivision (a) shall not apply to any act or acts by members of the militia in the active service of the state done by them outside the performance of their military duty, including, but not limited to, sexual assault, as defined in Section 470.5, and sexual harassment, as defined in Section 475.

§ 393

Amended by Stats. 1980, Ch. 114.

(a)In an action or proceeding of any nature commenced in any court against an active member of the militia or a member of the militia in active service in pursuance of an order of the President of the United States as a result of a state emergency for an act done by such member in an official capacity in the discharge of duty, or an alleged omission to do an act which it was the member’s duty to perform, or against any person acting under the authority or order of an officer or by virtue of a warrant issued by an officer pursuant to law:

(1)The defendant in all cases may make a general denial and give special matter in evidence.

(2)A defendant in whose favor a final judgment is rendered in any such action or proceeding shall recover treble costs.

(b)The Attorney General shall defend such active member or person where the action or proceeding is civil. The senior judge advocate on the state staff or one of the judge advocates shall defend such active member or person where the action or proceeding is criminal, and the Adjutant General shall designate the senior judge advocate on the state staff, or one of the judge advocates, to defend such active member or person.

(c)In the event such active member or person is not indemnified by the federal government, Section 825 of the Government Code shall apply to such active member or person.

§ 394

Amended by Stats. 2020, Ch. 97, Sec. 21. (AB 2193) Effective January 1, 2021.

(a)A person shall not discriminate against a member of the military or naval forces of the state or of the United States because of that membership. A member of the military forces shall not be prejudiced or injured by a person, employer, or officer or agent of a corporation, company, or firm in terms, conditions, or privileges with respect to that member’s employment, position or status or be denied or disqualified for employment by virtue of membership or service in the military forces of this state or of the United States.

(b)An officer or employee of the state, or of any county, city and county, municipal corporation, or district shall not discriminate against a member of the military or naval forces of the state or of the United States because of that

membership. A member of the military forces shall not be prejudiced or injured by an officer or employee of the state, or of any county, city and county, municipal corporation, or district in terms, conditions, or privileges with respect to that member’s employment, appointment, position, or status or be denied or disqualified for or discharged from that employment or position by virtue of membership or service in the military forces of this state or of the United States.

(c)A person shall not prohibit or refuse entrance to a member of the Armed Forces of the United States or of the military or naval forces of this state into any public entertainment or place of amusement or into any of the places described in Sections 51 and 52 of the Civil Code because that member wears the uniform of the organization to which

the member belongs.

(d)An employer or officer or agent of a corporation, company, or firm, or other person, shall not discharge a person from employment because of the performance of any ordered military duty or training or by reason of being a member of the military or naval forces of this state or of the federal reserve components of the Armed Forces of the United States, or hinder or prevent that person from performing any military service or from attending any military encampment or place of drill or instruction the person may be called upon to perform or attend by proper authority; prejudice or harm

the person

in any manner in the person’s terms, conditions, or privileges of employment, position, or status by reason of performance of military service or duty or attendance at military encampments or places of drill or instruction; or dissuade, prevent, or stop any person from enlistment or accepting a warrant or commission in the California National Guard, State Guard, or Naval Militia or the federal reserve components of the Armed Forces of the United States by threat or injury to the person in respect to the person’s terms, conditions, or privileges of employment, position, status, trade, or business because of enlistment or acceptance of a warrant or commission.

(e)(1) A private employer or officer or agent of a corporation, company, or firm, or

other person, shall not restrict or terminate any collateral benefit for employees by reason of an employee’s temporary incapacitation incident to duty in the National Guard, State Guard, or Naval Militia or the federal reserve components of the Armed Forces of the United States. As used in this subdivision, “temporary incapacitation” means any period of incapacitation of 52 weeks or less.

(2)As used in this subdivision, “benefit” includes, but is not limited to, health care which may be continued at the employee’s expense, life insurance, disability insurance, and seniority status.

(f)A person who provides lending or financing shall not discriminate against a person

with respect to the terms of a loan or financing, including, but not limited to, the finance charge, based on that person’s membership in the military or naval forces of this state or of the United States. With respect to a loan or credit transaction covered by Section 987 of Title 10 of the United States Code, as amended by 126 Stat. 1785 (Public Law 112-239), and Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as amended as published on July 22, 2015, on Page 43560 in Number 140 of Volume 80 of the Federal Register, a person that does not market or extend those transactions to covered borrowers shall not be in violation of this section. For purposes of this section, a covered borrower has the same meaning as provided for in Part 232 (commencing with Section 232.1) of Subchapter M of Chapter I of Subtitle A of Title 32 of the Code of Federal Regulations, as amended on the date described in this subdivision.

(g)A person violating this section is guilty of a misdemeanor. In addition, a person violating any of the provisions of this section shall be liable for actual damages and reasonable attorney’s fees incurred by the injured party.

(h)The remedies provided for in this section are not intended to be exclusive but are in addition to the remedies provided for in other laws, including Sections 51 and 52 of the Civil Code.

§ 394.5

Added by Stats. 1957, Ch. 469.

Any employee of any corporation, company, or firm, or other person, who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Naval Militia shall be entitled to a temporary leave of absence without pay while engaged in military duty ordered for purposes of military training, drills, encampment, naval cruises, special exercises or like activity as such member, providing that the period of ordered duty does not exceed 17 calendar days annually including time involved in going to and returning from such duty.

§ 395

Amended by Stats. 2024, Ch. 129, Sec. 32. (SB 1097) Effective January 1, 2025.

(a)Any public employee who is a member of the reserve corps of the Armed Forces of the United States or of the National Guard or the Naval Militia is entitled to a temporary military leave of absence as provided by federal law while engaged in military duty ordered for purposes of active military training, inactive duty training, encampment, naval cruises, special exercises, or like activity, providing that the period of ordered duty does not exceed 180 calendar days, including time involved in going to and returning from that duty.

(b)Notwithstanding subdivision (a), a local public agency may, but is not required to, provide paid military leave of

absence for periods of inactive duty training.

(c)The employee has an absolute right to be restored to the former office or position and status formerly had by them in the same locality and in the same office, board, commission, agency, or institution of the public agency upon the termination of temporary military duty. If the office or position has been abolished or otherwise has ceased to exist during their absence, the employee shall be reinstated to a position of like seniority, status, and pay if a position exists, or if no position exists the employee shall have the same rights and privileges that they would have had if they had occupied the position when it ceased to exist and had not taken temporary military leave of absence.

(d)Any public employee who has been

in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the date upon which a

temporary military leave of absence begins, shall receive the same vacation, sick leave, and holiday privileges and the same rights and privileges to promotion, continuance in office, employment, reappointment to office, or reemployment that the employee would have enjoyed had they not been absent, except that an uncompleted probationary period, if any, in the public agency, shall be completed upon

reinstatement as provided by law or rule of the agency. For the purposes of this section, in determining the one year of service in a public agency, all service of the employee in recognized military service shall be counted as public agency service.

(e)If this section is in conflict with a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the memorandum of understanding requires the expenditure of funds, it shall not become effective unless approved by the Legislature in the annual Budget Act.

§ 395.01

Amended by Stats. 2024, Ch. 129, Sec. 33. (SB 1097) Effective January 1, 2025.

(a)Any public employee who is on temporary military leave of absence for military duty ordered for purposes of active military training, inactive duty training, encampment, naval cruises, special exercises, or like activity as such member, provided that the period of ordered duty does not exceed 180 calendar days including time involved in going to and returning from the duty, and who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day on which the absence begins, is entitled to receive their salary or compensation as a public employee for the first 30 calendar days of the absence. Pay for those purposes may not

exceed 30 days in any one fiscal year. For the purposes of this section, in determining the one year of public agency service, all service of a public employee in the recognized military service shall be counted as public agency service.

(b)Notwithstanding subdivision (a), a local public agency may, but is not required to, pay an employee during a period of inactive duty training.

(c)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4, of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of

funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

§ 395.02

Added by Stats. 1951, Ch. 1561.

Every officer and employee of a public agency who is on military leave other than temporary military leave of absence who has been in the service of such public agency for a period of not less than one year immediately prior to the date on which the absence begins shall be entitled to receive his salary or compensation as such officer or employee for the first 30 calendar days while engaged in the performance of ordered military duty.

As used in this section only, the terms “officer” and “employee” mean an officer or employee who

(a)Is ordered into active military duty as a member of a reserve component of the armed forces of the United States;

(b)Is ordered into active federal military duty as a member of the National Guard or Naval Militia; or

(c)Is inducted, enlists, enters or is otherwise ordered or called into active duty as a member of the armed forces of the United States.

§ 395.03

Amended by Stats. 2000, Ch. 928, Sec. 3. Effective January 1, 2001.

No more than the pay for a period of 30 calendar days shall be allowed under the provisions of Section 395.01 or 395.02 for any one military leave of absence or during any one fiscal year, except as otherwise authorized by resolution of the legislative body of a public agency or as provided in a memorandum of understanding reached with an employee organization pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code.

§ 395.04

Amended by Stats. 2018, Ch. 118, Sec. 35. (SB 1501) Effective January 1, 2019.

During the time that as an officer or enlisted person of the California National Guard, who is on full-time active duty in the military service of the state, and is engaged, with the approval of the Adjutant General, in the military service of the state in attendance at drills, camps, or special exercises, sponsored by federal authority or by the United States Department of Defense, as a member of the National Guard of the United States, he or she shall receive salary, pay, and compensation as provided in Sections 320 and 321.

§ 395.05

Amended by Stats. 1979, Ch. 1072.

(a)Any public employee who is a member of the National Guard, shall be entitled to absent himself from his duties or service, without regard to the length of his public service, while engaged in the performance of ordered military or naval duty and while going to and returning from such duty, provided such duty is performed during such time as the Governor may have issued a proclamation of a state of extreme emergency or during such time as the National Guard may be on active duty in one or more of the situations described or included in Section 146 of this code provided such absence does not exceed the duration of such emergency. During the absence of such officer or employee while engaged in such military service during such emergency and while going to and returning from such duty, and for a period not to exceed 30 calendar days, he shall receive his salary or compensation as such officer or employee and shall not be subjected by any person directly or indirectly by reason of such absence to any loss or diminution of vacation or holiday privilege or be prejudiced by reason of such absence with reference to promotion or continuance in office, employment, reappointment to office, or reemployment.

(b)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

§ 395.06

Amended by Stats. 2024, Ch. 129, Sec. 34. (SB 1097) Effective January 1, 2025.

(a)A private employer shall consider a former employee who meets the requirements of subdivision (b) as having been on a leave of absence during any period of the former employee’s active service in the National Guard of any state, and is subject to both of the following:

(1)If the former position was a full-time position, and not a temporary position, the former employer shall restore the former employee to the former position or to a position of similar seniority, status, and pay without loss of retirement or other benefits, unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so, and shall not discharge the former employee from

the position without cause within one year after restoring them to the position.

(2)If the position was a part-time position and not a temporary position, the former employer shall restore the former employee to the former position, or to a position of similar seniority, status, and pay, if any exists, and shall not discharge the former employee from the position without cause within one year after restoring them to the position.

(b)To be eligible for the employment protections specified in

paragraph (1) of subdivision (a), the former employee shall meet all of the following requirements:

(1)They are an officer or enlisted member of the National Guard of any state.

(2)They were called to active duty by the Governor of the state where they serve in the National Guard or by the President of the United States.

(3)They received a certificate of satisfactory service in the National Guard of the state where they serve in the National Guard.

(4)They are still qualified to perform the duties of the position.

(5)If they left a full-time position, they made application

for reemployment within 40 days of being released from service. If they left part-time employment,

they made application for reemployment within five days of being released from service.

(c)If any employer fails or refuses to comply with this section, the superior court of the county in which the employer maintains a place of business may, upon the filing of a motion, petition, or other appropriate pleading by the person entitled to the benefits of this section, specifically require the employer to comply with this section and compensate the person for any loss of wages or benefits suffered by reason of the employer’s unlawful action. The court shall order a speedy hearing and shall advance it on the calendar. Upon application to the district attorney of the county in which the employer maintains a place of business by any person claiming to be entitled to the benefits of this section, the district attorney, if

reasonably satisfied that the person is entitled to these benefits, shall appear and act as attorney for the person in the amicable adjustment of the claim or in the filing of any motion, petition, or other appropriate pleading and the prosecution thereof to specifically require the employer to comply with this section. Fees or court costs shall not be required to be paid by the person applying for these benefits.

(d)Upon application to the city prosecutor of the city in which the employer maintains a place of business by any person claiming to be entitled to the benefits of this section, the city prosecutor, if reasonably satisfied that the person is entitled to these benefits, may appear and act as attorney for the person in the amicable adjustment of the claim or in the filing of any motion, petition, or other appropriate pleading and

the prosecution thereof to specifically require the employer to comply with this section. Fees or court costs shall not be required to be paid by the person applying for these benefits.

§ 395.07

Amended by Stats. 2024, Ch. 129, Sec. 35. (SB 1097) Effective January 1, 2025.

(a)In addition to the benefits provided pursuant to Sections 395.01 and 395.02, any officer or employee of the legislative, executive, or judicial department of the state, who, as a member of the California National Guard or a United States Military Reserve organization, is called into active duty as a result of the Iraq-Kuwait crisis on or after August 2, 1990, shall have the benefits provided for in subdivision (b).

(b)Any officer or employee to which subdivision (a) applies, while on active duty, shall, with respect to active duty served on or after August 2, 1990, receive from the state, for a period not to exceed 180 calendar days, as part

of their compensation, both of the following:

(1)The difference between the amount of their military pay and allowances and the amount the officer or employee would have received as a state officer or employee, including any merit raises which would otherwise have been granted during the time the individual was on active duty.

(2)All benefits that they would have received had they not been called to active duty unless the benefits are prohibited or limited by vendor contracts.

earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 395.02.

(d)This section shall not apply to any active duty served voluntarily after the close of the Iraq-Kuwait crisis.

§ 395.08

Amended by Stats. 2024, Ch. 129, Sec. 36. (SB 1097) Effective January 1, 2025.

(a)In addition to the benefits provided pursuant to Sections 395.01 and 395.02, any officer or employee of the legislative, executive, or judicial department of the state, who, as a member of the California National Guard or a United States Military Reserve organization, is called into active duty as a result of the Bosnia crisis on or after November 21, 1995, shall have the benefits provided for in subdivision (b).

(b)Any officer or employee to which subdivision (a) applies, while on active duty, shall, with respect to active duty served on or after November 21, 1995, as a result of the Bosnia crisis, receive from the state, for a period not to exceed

180 calendar days, as part of their compensation, both of the following:

(1)The difference between the amount of their military pay and allowances and the amount the officer or employee would have received as a state officer or employee, including any merit raises that would otherwise have been granted during the time the individual was on active duty.

(2)All benefits that they would have received had

they not been called to active duty unless the benefits are prohibited or limited by vendor contracts.

(c)Any individual receiving compensation pursuant to subdivision (b) who does not return to state service within 60 days of being released from active duty shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 395.02.

(d)This section shall not apply to any active duty served voluntarily after the close of the Bosnia crisis.

(e)Benefits provided under paragraph (1) of subdivision (b) shall only be provided to an employee who was not eligible to participate

in the federal Ready Reserve Mobilization Income Insurance Program (10 U.S.C. Sec. 12521 et seq.) or a successor federal program that, in the determination of the Director of Personnel Administration, is substantively similar to the federal Ready Reserve Mobilization Income Insurance Program. For an employee eligible to participate in the federal Ready Reserve Mobilization Income Insurance Program or a successor program, and whose monthly salary as a state employee was higher than the sum of their military pay and allowances and the maximum allowable benefit under the federal Ready Reserve Mobilization Income Insurance Program or a successor program, the employee shall receive the amount payable under paragraph (1) of subdivision (b), but that amount shall be reduced by the maximum allowable benefit under the federal Ready Reserve Mobilization Income Insurance Program or a successor program. For

individuals who elected the federal Ready Reserve Mobilization Income Insurance Program the state shall reimburse for the cost of the insurance premium for the period of time on active duty, not to exceed 180 calendar days.

§ 395.1

Amended by Stats. 2025, Ch. 67, Sec. 137. (AB 1170) Effective January 1, 2026.

(a)Notwithstanding any other law to the contrary, any officer or employee of the state not subject to Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code, or any public officer, deputy, assistant, or employee of any city, county, city and county, school district, water district, irrigation district, or any other district, political corporation, political subdivision, or governmental agency thereof who, in time of war or national emergency as proclaimed by the President or Congress, or when any of the Armed Forces of the United States are serving outside of the United States or their territories pursuant to order or request of the United Nations, or while any national conscription act is in effect, leaves or has left their office or position prior to the end of the war, or the

termination of the national emergency or during the effective period of any order or request of this type of the United Nations or prior to the expiration of the National Conscription Act, to join the Armed Forces of the United States and who does or did without unreasonable and unnecessary delay join the Armed Forces or, being a member of any reserve force or corps of any of the Armed Forces of the United States or of the militia of this state, is or was ordered to duty therewith by competent military authority and served or serves in compliance with those orders, shall have a right, if released, separated or discharged under conditions other than dishonorable, to return to and reenter upon the office or position within six months after the termination of their active service with the Armed Forces, but not later than six months after the end of the war or national emergency or military or police operations under the United Nations or after the Governor finds and proclaims that, for the purposes of this

section, the war, national emergency, or United Nations military or police operation no longer exists, or after the expiration of the National Conscription Act, if the term for which they were elected or appointed has not ended during their absence; provided, that the right to return to and reenter upon the office or position shall not extend to or be granted to any officer or employee of the state not subject to Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code, or any public officer, deputy, assistant, or employee of any city, county, city and county, school district, water district, irrigation district or any other district, political corporation, political subdivision or governmental agency thereof, who shall fail to return to and reenter upon their office or position within 12 months after the first date upon which they could terminate or could cause to have terminated their active service with the Armed Forces of the United States or of the militia of

this state. They shall also have a right to return to and reenter upon the office or position during terminal leave from the Armed Forces and prior to discharge, separation, or release therefrom.

(b)(1) Upon return and reentry to the office or employment, the officer or employee shall have all of the rights and privileges in, connected with, or arising out of the office or employment which they would have enjoyed if they had not been absent therefrom; provided, however, the officer or employee shall not be entitled to sick leave, vacation, or salary for the period during which they were on leave from that governmental service and in the service of the Armed Forces of the United States.

(2)If the office or position has been abolished or otherwise has ceased to exist during their absence, they shall be reinstated in a position of like seniority, status, and

pay if the position exists, or to a comparable vacant position for which they are qualified.

(c)Any officer or employee other than a probationer who is restored to their office or employment pursuant to this act shall not be discharged from that office or position without cause within one year after the restoration, and shall be entitled to participate in insurance or other benefits offered by the employing governmental agency pursuant to established rules and practices relating to those officers or employees on furlough or leave of absence in effect at the time the officer or employee left their office or position to join the Armed Forces of the United States.

(d)Notwithstanding any other provisions of this code, any enlisted person who was involuntarily ordered to active duty (other than for training) for a stated duration shall not lose any right or benefit conferred under

this code if they voluntarily elect to complete the period of that duty.

(e)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.

§ 395.10

Amended by Stats. 2024, Ch. 129, Sec. 40. (SB 1097) Effective January 1, 2025.

(a)Notwithstanding any other law, a qualified employer shall allow a qualified employee to take up to 10 days of unpaid leave during a qualified leave period.

(b)For purposes of this section:

(1)“Period of military conflict” means either of the following:

(A)A period of war declared by the United States Congress.

(B)A period of deployment for which a member of a reserve component is ordered to active duty pursuant to either of the following:

(i)Sections 12301 and 12302 of Title 10 of the United States Code.

(ii) Title 32 of the United States Code.

(2)“Qualified employee” means a person who satisfies all of the following:

(A)Is the spouse of a qualified member.

(B)Performs service for hire for an employer for an average of 20 or more hours per week, but does not include an independent contractor.

(C)Provides the qualified employer with notice, within two business days of receiving official notice that the qualified member will be on leave from deployment, of their

intention to take the leave provided for in subdivision (a).

(D)Submits written documentation to the qualified employer certifying that the qualified member will be on leave from deployment during the time the leave provided for in subdivision (a) is requested.

(3)“Qualified employer” includes any individual, corporation, company, firm, state, city, county, city and county, municipal corporation, district, public authority, or any other governmental subdivision, that employs 25 or more employees.

(4)“Qualified member” means a person who is any of the following:

(A)A member of the Armed Forces of the United States who has been deployed during a

period of military conflict to an area designated as a combat theater or combat zone by the President of the United States.

(B)A member of the National Guard who has been deployed during a period of military conflict.

(C)A member of the Reserves who has been deployed during a period of military conflict.

(5)“Qualified leave period” means the period during which the qualified member is on leave from deployment during a period of military conflict.

(c)A qualified employer shall not retaliate against a qualified employee for requesting or taking the leave provided for in this section.

(d)The leave provided for in this section shall not affect or prevent a qualified employer from allowing a qualified employee to take a leave that the qualified employee is otherwise entitled to take.

(e)This section shall not affect a qualified employee’s rights with respect to any other employee benefit provided for in other laws.

§ 395.2

Amended by Stats. 1946, 1st Ex. Sess., Ch. 32.

Any employee of a board of school trustees or board of education in a position not requiring certification qualifications who enters the active military service of the United States of America or of the State of California, including active service in any uniformed auxiliary of, or to, any branch of such military service created or authorized as such auxiliary by the Congress of the United States of America or by the Legislature of the State of California, or in the full time paid service of the American Red Cross, during any period of National emergency declared by the President of the United States of America or during any war in which the United States of America is engaged, shall regain all rights to his position and shall be reinstated thereto upon his application at any time within six months of the termination of that service, but in any event within one year from the date of a treaty of peace terminating the hostilities in which the United States is now engaged. The provisions of this act shall apply to service in the Merchant Marine as that phrase is now defined in any Federal statute relating to reemployment rights of persons in service in the Merchant Marine.

§ 395.3

Amended by Stats. 2024, Ch. 129, Sec. 38. (SB 1097) Effective January 1, 2025.

(a)In the event that any public officer or employee has resigned or resigns their office or employment to serve or to continue to serve in the Armed Forces of the United States or in the militia of this state, they shall have a right to return to and reenter the office or employment prior to the time at which their term of office or their employment would have ended if they had not resigned, on serving a written notice to that effect upon the authorized appointing power, or if there is no authorized appointing power, upon the officer or agency having power to fill a vacancy in the office or employment,

within six months of the termination of their active service with the Armed Forces. The right to return and reenter upon the office or position shall not extend or be granted to any public officer or employee who fails to return to and reenter

their office or position within 12 months after the first date upon which they could terminate or could cause to have terminated their active service with the Armed Forces of the United States or of the militia of this state.

(b)As used in this section, “public officers and employees” includes all of the following:

(1)Members of the Senate and of the Assembly.

(2)Justices of the Supreme Court and the courts of appeal, judges of the superior courts, and all other judicial officers.

(3)All other state officers and employees not within Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code, including

all officers for whose

selection and term of office provision is made in the California Constitution and laws of this state.

(4)All officers and employees of any county, city and county, city, township, district, political subdivision, authority, commission, board, or other public agency within this state.

(c)The right of reentry into public office or employment provided for in this section shall include the right to be restored to the civil service status as the officer or employee would have if they had not so resigned. Another person shall not acquire civil service status in the same position so as to deprive the officer or employee of their right to restoration as provided for herein.

(d)This section shall be

retroactively applied to extend the right

of reentry into public office or employment to public officers and employees who resigned prior to its effective date.

(e)This section does not apply to any public officer or employee to whom the right to reenter public office or employment after service in the Armed Forces has been granted by any other law.

(f)If any provision of this section, or the application of this section to any person or circumstance, is held invalid, the remainder of this section, or the application of this section to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

(g)If the provisions of this section are in conflict with the provisions of a memorandum of

understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, 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 shall not become effective unless approved by the Legislature in the annual Budget Act.

§ 395.4