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Article 2. Military Leave Of Absence of California Government Code >> Division 5. >> Title 2. >> Part 2. >> Chapter 11. >> Article 2.
(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.
(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.
"Short-term military leave" means a leave for six months or
less. "Long-term military leave" means a leave of over six months.
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."
(a) Employee members of reserve military units and the
National Guard required to attend scheduled reserve drill periods or
perform other inactive duty reserve obligations shall be granted
military leave of absence without pay as provided by federal law.
(b) Notwithstanding subdivision (a) or any other provision of law, employee members may, at their option, elect to use vacation time or accumulated compensatory time off to attend scheduled reserve drill periods or perform other inactive duty reserve obligations.
(c) 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.
(b) Notwithstanding subdivision (a) or any other provision of law, employee members may, at their option, elect to use vacation time or accumulated compensatory time off to attend scheduled reserve drill periods or perform other inactive duty reserve obligations.
(c) 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.
