Section 395.05 Of Chapter 7. Privileges And Penalties From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 7.
395.05
. (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.