395.1
. (a) Notwithstanding any other provision of 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 his or her
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 his or her 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 he
or she was elected or appointed has not ended during his or her
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 his or her office or position within 12
months after the first date upon which he or she could terminate or
could cause to have terminated his or her active service with the
armed forces of the United States or of the militia of this state. He
or she 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) 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 he
or she would have enjoyed if he or she 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 he or she
was on leave from that governmental service and in the service of the
armed forces of the United States.
If the office or position has been abolished or otherwise has
ceased to exist during his or her absence, he or she shall be
reinstated in a position of like seniority, status and pay if the
position exists, or to a comparable vacant position for which he or
she is qualified.
(c) Any officer or employee other than a probationer who is
restored to his or her 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 his or her
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 he or she voluntarily elects 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.