SECTIONS 19771-19774

19771.  (a) Upon presentation of a copy of orders for active duty inthe Armed Forces, the National Guard, or the Naval Militia, theappointing power shall grant a military leave of absence for theperiod of active duty specified in the orders, but not to exceed fiveyears for a permanent, probationary, or exempt employee, or for theremainder of a limited-term employee's appointment or a temporaryemployee's appointment. (b) If the provisions of this section are in conflict with theprovisions of a memorandum of understanding reached pursuant toSection 3517.5, the memorandum of understanding shall be controllingwithout further legislative action, except that if the provisions ofa memorandum of understanding require the expenditure of funds, theprovisions may not become effective unless approved by theLegislature in the annual Budget Act.19772.  "Short-term military leave" means a leave for six months orless. "Long-term military leave" means a leave of over six months.19773.  The appointing power shall grant a military leave of absenceto an employee who is a member of the National Guard for the periodof active duty and travel to and from such duty as specified by theNational Guard during such time as the Governor may have issued aproclamation of a state of extreme emergency or insurrection underthe provisions of Sections 143 and 146 of the Military and VeteransCode or during such time as the National Guard may be on active dutyfor one or more situations in Section 146 of the Military andVeterans Code. Leave granted pursuant to this section shall be knownas "emergency military leave."19774.  (a) Employee members of reserve military units and theNational Guard required to attend scheduled reserve drill periods orperform other inactive duty reserve obligations shall be grantedmilitary 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 oraccumulated compensatory time off to attend scheduled reserve drillperiods or perform other inactive duty reserve obligations. (c) If the provisions of this section are in conflict with theprovisions of a memorandum of understanding reached pursuant toSection 3517.5, the memorandum of understanding shall be controllingwithout further legislative action, except that if the provisions ofa memorandum of understanding require the expenditure of funds, theprovisions may not become effective unless approved by theLegislature in the annual Budget Act.