Section 395.01 Of Chapter 7. Privileges And Penalties From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 7.
395.01
. (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 his or her salary or
compensation as a public employee for the first 30 calendar days of
any such 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.