19775. An employee who is granted a long-term military leave of
absence and who for a period of not less than one year immediately
prior to the effective date active duty begins has had continuous
state service as defined by Department of Personnel Administration
rule which is not broken by a permanent separation shall be entitled
to receive his or her salary or compensation for the first 30
calendar days of active duty served during the absence.
19775.1. An employee who is granted a short-term military leave of
absence for active military duty, but not for inactive duty,
including, but not limited to, scheduled reserve drill periods, and
who for a period of not less than one year immediately prior to the
effective date of active duty has had continuous state service as
defined by Department of Personnel Administration rule that is not
broken by a permanent separation, or who has had continuous state
service immediately prior to the effective date of active duty not
broken by a permanent separation and sufficient recognized military
service that need not be contiguous to equal one year shall be
entitled to receive his or her salary or compensation for the first
30 calendar days of active duty served during the absence.
An employee who is granted emergency military leave under Section
19773, shall receive his or her salary or compensation as a state
employee while going to, engaging in, and returning from the duty.
The employee shall not receive his or her salary or compensation for
more than 30 days each time he or she is granted the emergency
military leave.
19775.15. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, an employee who, as a member of the
California National Guard or a United States military reserve
organization, is called into active duty as a result of the
Iraq-Kuwait crisis on or after August 2, 1990, shall have the
benefits provided for in subdivision (b).
(b) Any employee to which subdivision (a) applies, while on active
duty, shall, with respect to active duty served on or after August
2, 1990, receive from the state, for a period not to exceed 180
calendar days, as part of his or her compensation both of the
following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee as determined by the Department of Personnel
Administration, including any merit raises which would otherwise have
been granted during the time the individual was on active duty.
(2) All benefits which he or she would have received had he or she
not been called to active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not return to state service within 60 days of being
released from active duty shall have that compensation treated as a
loan payable with interest at the rate earned on the Pooled Money
Investment Account. This subdivision shall not apply to compensation
received pursuant to Section 19775.
(d) This section shall not apply to any active duty served
voluntarily after the close of the Iraq-Kuwait crisis.
19775.16. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, an employee who, as a member of the
California National Guard or a United States military reserve
organization, is called into active duty as a result of the Bosnia
crisis on or after November 21, 1995, shall have the benefits
provided for in subdivision (b).
(b) Any employee to which subdivision (a) applies, while on active
duty, shall, with respect to active duty served on or after November
21, 1995, as a result of the Bosnia crisis, receive from the state,
for a period not to exceed 180 calendar days, as part of his or her
compensation both of the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee as determined by the Department of Personnel
Administration, including any merit raises that would otherwise have
been granted during the time the individual was on active duty.
(2) All benefits that he or she would have received had he or she
not been called to active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not return to state service within 60 days of being
released from active duty shall have that compensation treated as a
loan payable with interest at the rate earned on the Pooled Money
Investment Account. This subdivision shall not apply to compensation
received pursuant to Section 19775.
(d) This section shall not apply to any active duty served
voluntarily after the close of the Bosnia crisis.
(e) Benefits provided under paragraph (1) of subdivision (b) shall
only be provided to an employee who was not eligible to participate
in the federal Ready Reserve Mobilization Income Insurance Program
(10 U.S.C. Sec. 12521 et seq.) or a successor federal program that,
in the determination of the Director of Personnel Administration, is
substantively similar to the federal Ready Reserve Mobilization
Income Insurance Program. For an employee eligible to participate in
the federal Ready Reserve Mobilization Income Insurance Program or a
successor program, and whose monthly salary as a state employee was
higher than the sum of his or her military pay and allowances and the
maximum allowable benefit under the federal Ready Reserve
Mobilization Income Insurance Program or a successor program, the
employee shall receive the amount payable under paragraph (1) of
subdivision (b), but that amount shall be reduced by the maximum
allowable benefit under the federal Ready Reserve Mobilization Income
Insurance Program or a successor program. For individuals who
elected the federal Ready Reserve Mobilization Income Insurance
Program, the state shall reimburse for the cost of the insurance
premium for the period of time on active duty, not to exceed 180
calendar days.
19775.17. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, a state employee who, as a member of the
California National Guard or a United States military reserve
organization, is ordered to active duty by Presidential determination
that it is necessary to augment the active forces for any
operational mission, or when in time of national emergency declared
by the President or otherwise authorized by law, shall have the
benefits provided for in subdivision (b).
(b) Any state employee to which subdivision (a) applies, while on
active duty, shall receive from the state, for the duration of the
event as authorized pursuant to Sections 12302 and 12304 of Title 10
of the United States Code, but not for more than 180 calendar days,
as part of his or her compensation both of the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee, including any merit raises that would otherwise have
been granted during the time the individual was on active duty. The
amount an employee, as defined in Section 18526, would have received
as a state employee, including any merit raises that would otherwise
have been granted during the time the individual was on active duty,
shall be determined by the Department of Personnel Administration.
(2) All benefits that he or she would have received had he or she
not served on active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not reinstate to state service following active duty,
shall have that compensation treated as a loan payable with interest
at the rate earned on the Pooled Money Investment Account. This
subdivision shall not apply to compensation received pursuant to
Section 19775.
(d) Benefits provided under paragraph (1) of subdivision (b) shall
only be provided to a state employee who was not eligible to
participate in a federally sponsored income protection program for
National Guard personnel or military reserve personnel, or both,
called into active duty, as determined by the Department of Personnel
Administration. For a state employee eligible to participate in a
federally sponsored income protection program, and whose monthly
salary as a state employee was higher than the sum of his or her
military pay and allowances and the maximum allowable benefit under
the federally sponsored income protection program, the state employee
shall receive the amount payable under paragraph (1) of subdivision
(b), but that amount shall be reduced by the maximum allowable
benefit under the federally sponsored income protection program. For
individuals who elected the federally sponsored income protection
program, the state shall reimburse for the cost of the insurance
premium for the period of time on active duty, not to exceed 180
calendar days.
(e) For purposes of this section, "state employee" means an
employee as defined in Section 18526 or an officer or employee of the
legislative, executive, or judicial department of the state.
(f) This section shall not apply to any state employee entitled to
additional compensation or benefits pursuant to Section 19775.16 or
19775.18 of this code, or Section 395.08 of the Military and Veterans
Code.
19775.18. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, a state employee who, as a member of the
California National Guard or a United States military reserve
organization, is ordered to active duty on and after September 11,
2001, as a result of the War on Terrorism, shall have the benefits
provided for in subdivision (b).
(b) Any state employee to which subdivision (a) applies, while on
active duty, shall receive from the state, for the duration of the
event known as the War on Terrorism, as authorized pursuant to
Sections 12302 and 12304 of Title 10 of the United States Code, but
not for more than 365 calendar days, as part of his or her
compensation both of the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee, including any merit raises that would otherwise have
been granted during the time the individual was on active duty. The
amount an employee, as defined in Section 18526, would have received
as a state employee, including any merit raises that would otherwise
have been granted during the time the individual was on active duty,
shall be determined by the Department of Personnel Administration.
(2) All benefits that he or she would have received had he or she
not served on active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not reinstate to state service following active duty,
shall have that compensation treated as a loan payable with interest
at the rate earned on the Pooled Money Investment Account. This
subdivision does not apply to compensation received pursuant to
Section 19775.
(d) Benefits provided under paragraph (1) of subdivision (b) shall
only be provided to a state employee who was not eligible to
participate in a federally sponsored income protection program for
National Guard personnel or military reserve personnel, or both,
called into active duty, as determined by the Department of Personnel
Administration. For a state employee eligible to participate in a
federally sponsored income protection program, and whose monthly
salary as a state employee was higher than the sum of his or her
military pay and allowances and the maximum allowable benefit under
the federally sponsored income protection program, the state employee
shall receive the amount payable under paragraph (1) of subdivision
(b), but that amount shall be reduced by the maximum allowable
benefit under the federally sponsored income protection program. For
individuals who elected the federally sponsored income protection
program, the state shall reimburse for the cost of the insurance
premium for the period of time on active duty, not to exceed 365
calendar days.
(e) The Governor may, by executive order, extend the period of
time for the receipt of benefits provided pursuant to this section by
no more than an additional 1,460 calendar days.
(f) (1) "Military pay and allowances" for the purposes of this
section does not include hazardous duty pay, hostile fire pay, or
imminent danger pay. A state employee is entitled to retain these and
any other special and incentive pay provided by the federal
government.
(2) "State employee" for the purposes of this section means an
employee as defined in Section 18526 or an officer or employee of the
legislative, executive, or judicial department of the state.
(g) This section does not apply to any state employee entitled to
additional compensation or benefits pursuant to Section 19775.16 or
19775.17 of this code, or Section 395.08 of the Military and Veterans
Code.
(h) This section does not apply to any active duty served after
the close of the War on Terrorism.
19775.2. Pay under the provisions of Sections 19775 and 19775.1,
excluding emergency military leave pay provisions, shall not exceed
30 calendar days in any one fiscal year. The beginning date of active
duty shall determine the fiscal year in which the pay is accumulated
when the period of active duty extends into another fiscal year.
19775.3. An employee who meets the conditions under Sections 19775
or 19775.1, or who is granted an emergency military leave shall
receive the same vacation, sick leave, and other civil service
status, rights and benefits as though he or she had remained in his
or her position and not been on military leave except that his or her
probationary period shall be extended by the length of the absence,
and no more than six months of leave credits shall be granted.
19775.4. Except as provided in Section 19781, a person in
recognized military service whose name was high enough on an
employment list to be available for certification for possible
permanent appointment to a position while he or she was in the armed
forces of the United States shall retain his or her place on the list
for three years following the date of his or her release from
military service or until six months after the termination of the
state military emergency, whichever is the earlier, provided, that a
name shall not be retained on a list for longer than eight years
after the list is established. The name of a person whose eligibility
is retained under the provisions of this section beyond the time
other names are removed from a list pursuant to Section 18901 shall
be certified ahead of the names of persons on more recently prepared
lists, except that the name shall be removed from the list if he or
she refuses or has refused to accept appointment to a permanent
position after certification thereto subsequent to his or her release
from the armed forces.
Notwithstanding Section 19770, this section shall also be
applicable to persons who are not civil service employees and were on
active military duty because of the Iraq-Kuwait crisis.
19775.5. Any person in recognized military service, whose name
appears on a promotional list, or general reemployment list,
appointment from which would accord permanent status, and is retained
on such list subject to Section 19775.4, shall have his name
certified to fill any vacancy which may occur during the period his
name is so retained on such list. The appointing power may appoint
him to fill the position to take effect upon his reinstatement under
the provisions of Sections 19780 and 19782. Any person in recognized
military service, whose name appears on a subdivisional or
departmental reemployment list and is retained on such list subject
to Section 19775.4 shall have his name certified to fill any vacancy
which may occur during the period his name is so retained on such
list. The appointing power shall appoint him to fill the vacant
position to take effect upon his reinstatement under the provisions
of Sections 19780 and 19782.
19775.6. Time spent on military leave, including rehabilitation
afforded by the United States or the state following recognized
military service by any person having an absolute right to be
restored to his or her former position, shall be considered as time
spent in state service for the purpose of computing state service for
a higher rate of vacation credit, other benefits accruing on the
basis of state service, and rights to merit salary adjustments at the
time of return to state service.
A veteran who was reinstated from military leave shall receive
layoff seniority credits for the time spent on the leave on the same
basis as if it were service in the employee's former position.
19775.7. Whenever a state employee is certified for appointment to
a higher position by a department before entering military service
and the department has requested his service, but was unable to
complete any procedural requirement for such appointment by reason of
entry into recognized military service and is eligible for
reinstatement pursuant to Section 19780, he shall be afforded an
opportunity to complete the necessary requirement for such
appointment immediately upon return to state service and if completed
satisfactorily shall be considered as having been appointed as of
the earliest date of appointment appearing on the certificate of
eligibles and shall be considered as having been on military leave
from such position.
19775.8. Except as provided in Section 19781, when any person
successfully completes part of an open or promotional examination but
is unable to complete all portions thereof because of entry into
recognized military service, the board shall arrange for him to take
such uncompleted portion of the examination, providing application is
made not later than six months after his release from military
service. Such right to complete an examination shall not continue for
longer than five years after the date of the examination.
If the applicant passes the examination, his name shall be placed
on the eligible list that resulted from the original examination as
the list stands at the time his name is placed thereon, provided if
his rating is sufficiently high for his name to have been included on
a certification to a permanent position while he was in the military
service had his name been on the list when originally established,
his eligibility shall be established, notwithstanding the removal of
names from the original list, pursuant to Section 18901. He shall
retain his place on such list for three years from the termination of
his service with the armed forces. A name thus retained on a list
beyond the time other names are removed from the list, pursuant to
Section 18901, shall be removed if the person refuses to accept
appointment to a permanent position after certification thereto
subsequent to his discharge from the armed forces.
19775.9. An individual on military leave from either a state civil
service position held under duration appointment, a position held
under an exempt appointment but included in the state civil service
prior to his release from military service, or a position in any
federal or other public agency, the functions of which were
transferred to the state prior to his release from military service,
who would be eligible for reinstatement or restoration to his
position pursuant to Sections 19780 and 19782, shall be permitted to
take any regular examination held while he was in the military
service, or on military leave, for the class in which he had such
appointment and for which he had the minimum qualifications required
of applicants when the examination originally was given, within five
years of the date of the original examination. The board shall
arrange for him to take the identical examination if application is
made not later than six months after his release from military
service or six months after the effective date thereof, whichever is
later. If the applicant passes the examination, his name shall be
placed on the eligible list that resulted from the original
examination as the list stands at the time his name is placed
thereon. If his rating is sufficiently high for his name to have been
included on a certification to a permanent position while he was in
the military service had his name been on the list when originally
established, his eligibility shall be established, notwithstanding
the removal of names from the original list pursuant to Section
18901. He shall retain his place on such list for three years from
the termination of his service with the armed forces or one year from
the date such eligibility is established, whichever is later, if his
rating is sufficiently high for his name to have been included on a
certification to a permanent position while he was in recognized
military service had his name been on the list when originally
established. A name thus retained on a list, beyond the time other
names are removed from the list pursuant to the provisions of Section
18901, shall be removed if the person refuses to accept appointment
to a permanent position after certification thereto subsequent to his
discharge from the armed forces.
19776. If a promotional examination was held while an employee was
on military leave that he or she would otherwise have been entitled
to take, the employee shall be eligible to take the identical
promotional examination within five years of the date of the original
examination. The board shall arrange for him or her to take the
examination within a reasonable time, provided application is made
not later than six months after his or her reinstatement from
military leave. If the employee qualifies in the examination, his or
her name shall be placed on the open and promotional list that
resulted from the original examination, as the list stands at the
time his or her name is placed thereon. If his or her rating is
sufficiently high for his or her name to have been included on a
certification to a permanent position while he or she was in the
military service had his or her name been on the list when originally
established, his or her eligibility shall be established,
notwithstanding the removal of names from the original list pursuant
to Section 18901. He or she shall retain his place on the list for
three years from the termination of his or her service with the armed
forces or one year from the date the eligibility is established,
whichever is later. A name thus retained on a list, beyond the time
other names are removed from the list pursuant to Section 18901,
shall be removed if the person refuses to accept appointment to a
permanent position after certification thereto subsequent to his or
her discharge from the armed forces, or if he or she resigns from
state service.
19775. An employee who is granted a long-term military leave of
absence and who for a period of not less than one year immediately
prior to the effective date active duty begins has had continuous
state service as defined by Department of Personnel Administration
rule which is not broken by a permanent separation shall be entitled
to receive his or her salary or compensation for the first 30
calendar days of active duty served during the absence.
19775.1. An employee who is granted a short-term military leave of
absence for active military duty, but not for inactive duty,
including, but not limited to, scheduled reserve drill periods, and
who for a period of not less than one year immediately prior to the
effective date of active duty has had continuous state service as
defined by Department of Personnel Administration rule that is not
broken by a permanent separation, or who has had continuous state
service immediately prior to the effective date of active duty not
broken by a permanent separation and sufficient recognized military
service that need not be contiguous to equal one year shall be
entitled to receive his or her salary or compensation for the first
30 calendar days of active duty served during the absence.
An employee who is granted emergency military leave under Section
19773, shall receive his or her salary or compensation as a state
employee while going to, engaging in, and returning from the duty.
The employee shall not receive his or her salary or compensation for
more than 30 days each time he or she is granted the emergency
military leave.
19775.15. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, an employee who, as a member of the
California National Guard or a United States military reserve
organization, is called into active duty as a result of the
Iraq-Kuwait crisis on or after August 2, 1990, shall have the
benefits provided for in subdivision (b).
(b) Any employee to which subdivision (a) applies, while on active
duty, shall, with respect to active duty served on or after August
2, 1990, receive from the state, for a period not to exceed 180
calendar days, as part of his or her compensation both of the
following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee as determined by the Department of Personnel
Administration, including any merit raises which would otherwise have
been granted during the time the individual was on active duty.
(2) All benefits which he or she would have received had he or she
not been called to active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not return to state service within 60 days of being
released from active duty shall have that compensation treated as a
loan payable with interest at the rate earned on the Pooled Money
Investment Account. This subdivision shall not apply to compensation
received pursuant to Section 19775.
(d) This section shall not apply to any active duty served
voluntarily after the close of the Iraq-Kuwait crisis.
19775.16. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, an employee who, as a member of the
California National Guard or a United States military reserve
organization, is called into active duty as a result of the Bosnia
crisis on or after November 21, 1995, shall have the benefits
provided for in subdivision (b).
(b) Any employee to which subdivision (a) applies, while on active
duty, shall, with respect to active duty served on or after November
21, 1995, as a result of the Bosnia crisis, receive from the state,
for a period not to exceed 180 calendar days, as part of his or her
compensation both of the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee as determined by the Department of Personnel
Administration, including any merit raises that would otherwise have
been granted during the time the individual was on active duty.
(2) All benefits that he or she would have received had he or she
not been called to active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not return to state service within 60 days of being
released from active duty shall have that compensation treated as a
loan payable with interest at the rate earned on the Pooled Money
Investment Account. This subdivision shall not apply to compensation
received pursuant to Section 19775.
(d) This section shall not apply to any active duty served
voluntarily after the close of the Bosnia crisis.
(e) Benefits provided under paragraph (1) of subdivision (b) shall
only be provided to an employee who was not eligible to participate
in the federal Ready Reserve Mobilization Income Insurance Program
(10 U.S.C. Sec. 12521 et seq.) or a successor federal program that,
in the determination of the Director of Personnel Administration, is
substantively similar to the federal Ready Reserve Mobilization
Income Insurance Program. For an employee eligible to participate in
the federal Ready Reserve Mobilization Income Insurance Program or a
successor program, and whose monthly salary as a state employee was
higher than the sum of his or her military pay and allowances and the
maximum allowable benefit under the federal Ready Reserve
Mobilization Income Insurance Program or a successor program, the
employee shall receive the amount payable under paragraph (1) of
subdivision (b), but that amount shall be reduced by the maximum
allowable benefit under the federal Ready Reserve Mobilization Income
Insurance Program or a successor program. For individuals who
elected the federal Ready Reserve Mobilization Income Insurance
Program, the state shall reimburse for the cost of the insurance
premium for the period of time on active duty, not to exceed 180
calendar days.
19775.17. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, a state employee who, as a member of the
California National Guard or a United States military reserve
organization, is ordered to active duty by Presidential determination
that it is necessary to augment the active forces for any
operational mission, or when in time of national emergency declared
by the President or otherwise authorized by law, shall have the
benefits provided for in subdivision (b).
(b) Any state employee to which subdivision (a) applies, while on
active duty, shall receive from the state, for the duration of the
event as authorized pursuant to Sections 12302 and 12304 of Title 10
of the United States Code, but not for more than 180 calendar days,
as part of his or her compensation both of the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee, including any merit raises that would otherwise have
been granted during the time the individual was on active duty. The
amount an employee, as defined in Section 18526, would have received
as a state employee, including any merit raises that would otherwise
have been granted during the time the individual was on active duty,
shall be determined by the Department of Personnel Administration.
(2) All benefits that he or she would have received had he or she
not served on active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not reinstate to state service following active duty,
shall have that compensation treated as a loan payable with interest
at the rate earned on the Pooled Money Investment Account. This
subdivision shall not apply to compensation received pursuant to
Section 19775.
(d) Benefits provided under paragraph (1) of subdivision (b) shall
only be provided to a state employee who was not eligible to
participate in a federally sponsored income protection program for
National Guard personnel or military reserve personnel, or both,
called into active duty, as determined by the Department of Personnel
Administration. For a state employee eligible to participate in a
federally sponsored income protection program, and whose monthly
salary as a state employee was higher than the sum of his or her
military pay and allowances and the maximum allowable benefit under
the federally sponsored income protection program, the state employee
shall receive the amount payable under paragraph (1) of subdivision
(b), but that amount shall be reduced by the maximum allowable
benefit under the federally sponsored income protection program. For
individuals who elected the federally sponsored income protection
program, the state shall reimburse for the cost of the insurance
premium for the period of time on active duty, not to exceed 180
calendar days.
(e) For purposes of this section, "state employee" means an
employee as defined in Section 18526 or an officer or employee of the
legislative, executive, or judicial department of the state.
(f) This section shall not apply to any state employee entitled to
additional compensation or benefits pursuant to Section 19775.16 or
19775.18 of this code, or Section 395.08 of the Military and Veterans
Code.
19775.18. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, a state employee who, as a member of the
California National Guard or a United States military reserve
organization, is ordered to active duty on and after September 11,
2001, as a result of the War on Terrorism, shall have the benefits
provided for in subdivision (b).
(b) Any state employee to which subdivision (a) applies, while on
active duty, shall receive from the state, for the duration of the
event known as the War on Terrorism, as authorized pursuant to
Sections 12302 and 12304 of Title 10 of the United States Code, but
not for more than 365 calendar days, as part of his or her
compensation both of the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee, including any merit raises that would otherwise have
been granted during the time the individual was on active duty. The
amount an employee, as defined in Section 18526, would have received
as a state employee, including any merit raises that would otherwise
have been granted during the time the individual was on active duty,
shall be determined by the Department of Personnel Administration.
(2) All benefits that he or she would have received had he or she
not served on active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not reinstate to state service following active duty,
shall have that compensation treated as a loan payable with interest
at the rate earned on the Pooled Money Investment Account. This
subdivision does not apply to compensation received pursuant to
Section 19775.
(d) Benefits provided under paragraph (1) of subdivision (b) shall
only be provided to a state employee who was not eligible to
participate in a federally sponsored income protection program for
National Guard personnel or military reserve personnel, or both,
called into active duty, as determined by the Department of Personnel
Administration. For a state employee eligible to participate in a
federally sponsored income protection program, and whose monthly
salary as a state employee was higher than the sum of his or her
military pay and allowances and the maximum allowable benefit under
the federally sponsored income protection program, the state employee
shall receive the amount payable under paragraph (1) of subdivision
(b), but that amount shall be reduced by the maximum allowable
benefit under the federally sponsored income protection program. For
individuals who elected the federally sponsored income protection
program, the state shall reimburse for the cost of the insurance
premium for the period of time on active duty, not to exceed 365
calendar days.
(e) The Governor may, by executive order, extend the period of
time for the receipt of benefits provided pursuant to this section by
no more than an additional 1,460 calendar days.
(f) (1) "Military pay and allowances" for the purposes of this
section does not include hazardous duty pay, hostile fire pay, or
imminent danger pay. A state employee is entitled to retain these and
any other special and incentive pay provided by the federal
government.
(2) "State employee" for the purposes of this section means an
employee as defined in Section 18526 or an officer or employee of the
legislative, executive, or judicial department of the state.
(g) This section does not apply to any state employee entitled to
additional compensation or benefits pursuant to Section 19775.16 or
19775.17 of this code, or Section 395.08 of the Military and Veterans
Code.
(h) This section does not apply to any active duty served after
the close of the War on Terrorism.
19775.2. Pay under the provisions of Sections 19775 and 19775.1,
excluding emergency military leave pay provisions, shall not exceed
30 calendar days in any one fiscal year. The beginning date of active
duty shall determine the fiscal year in which the pay is accumulated
when the period of active duty extends into another fiscal year.
19775.3. An employee who meets the conditions under Sections 19775
or 19775.1, or who is granted an emergency military leave shall
receive the same vacation, sick leave, and other civil service
status, rights and benefits as though he or she had remained in his
or her position and not been on military leave except that his or her
probationary period shall be extended by the length of the absence,
and no more than six months of leave credits shall be granted.
19775.4. Except as provided in Section 19781, a person in
recognized military service whose name was high enough on an
employment list to be available for certification for possible
permanent appointment to a position while he or she was in the armed
forces of the United States shall retain his or her place on the list
for three years following the date of his or her release from
military service or until six months after the termination of the
state military emergency, whichever is the earlier, provided, that a
name shall not be retained on a list for longer than eight years
after the list is established. The name of a person whose eligibility
is retained under the provisions of this section beyond the time
other names are removed from a list pursuant to Section 18901 shall
be certified ahead of the names of persons on more recently prepared
lists, except that the name shall be removed from the list if he or
she refuses or has refused to accept appointment to a permanent
position after certification thereto subsequent to his or her release
from the armed forces.
Notwithstanding Section 19770, this section shall also be
applicable to persons who are not civil service employees and were on
active military duty because of the Iraq-Kuwait crisis.
19775.5. Any person in recognized military service, whose name
appears on a promotional list, or general reemployment list,
appointment from which would accord permanent status, and is retained
on such list subject to Section 19775.4, shall have his name
certified to fill any vacancy which may occur during the period his
name is so retained on such list. The appointing power may appoint
him to fill the position to take effect upon his reinstatement under
the provisions of Sections 19780 and 19782. Any person in recognized
military service, whose name appears on a subdivisional or
departmental reemployment list and is retained on such list subject
to Section 19775.4 shall have his name certified to fill any vacancy
which may occur during the period his name is so retained on such
list. The appointing power shall appoint him to fill the vacant
position to take effect upon his reinstatement under the provisions
of Sections 19780 and 19782.
19775.6. Time spent on military leave, including rehabilitation
afforded by the United States or the state following recognized
military service by any person having an absolute right to be
restored to his or her former position, shall be considered as time
spent in state service for the purpose of computing state service for
a higher rate of vacation credit, other benefits accruing on the
basis of state service, and rights to merit salary adjustments at the
time of return to state service.
A veteran who was reinstated from military leave shall receive
layoff seniority credits for the time spent on the leave on the same
basis as if it were service in the employee's former position.
19775.7. Whenever a state employee is certified for appointment to
a higher position by a department before entering military service
and the department has requested his service, but was unable to
complete any procedural requirement for such appointment by reason of
entry into recognized military service and is eligible for
reinstatement pursuant to Section 19780, he shall be afforded an
opportunity to complete the necessary requirement for such
appointment immediately upon return to state service and if completed
satisfactorily shall be considered as having been appointed as of
the earliest date of appointment appearing on the certificate of
eligibles and shall be considered as having been on military leave
from such position.
19775.8. Except as provided in Section 19781, when any person
successfully completes part of an open or promotional examination but
is unable to complete all portions thereof because of entry into
recognized military service, the board shall arrange for him to take
such uncompleted portion of the examination, providing application is
made not later than six months after his release from military
service. Such right to complete an examination shall not continue for
longer than five years after the date of the examination.
If the applicant passes the examination, his name shall be placed
on the eligible list that resulted from the original examination as
the list stands at the time his name is placed thereon, provided if
his rating is sufficiently high for his name to have been included on
a certification to a permanent position while he was in the military
service had his name been on the list when originally established,
his eligibility shall be established, notwithstanding the removal of
names from the original list, pursuant to Section 18901. He shall
retain his place on such list for three years from the termination of
his service with the armed forces. A name thus retained on a list
beyond the time other names are removed from the list, pursuant to
Section 18901, shall be removed if the person refuses to accept
appointment to a permanent position after certification thereto
subsequent to his discharge from the armed forces.
19775.9. An individual on military leave from either a state civil
service position held under duration appointment, a position held
under an exempt appointment but included in the state civil service
prior to his release from military service, or a position in any
federal or other public agency, the functions of which were
transferred to the state prior to his release from military service,
who would be eligible for reinstatement or restoration to his
position pursuant to Sections 19780 and 19782, shall be permitted to
take any regular examination held while he was in the military
service, or on military leave, for the class in which he had such
appointment and for which he had the minimum qualifications required
of applicants when the examination originally was given, within five
years of the date of the original examination. The board shall
arrange for him to take the identical examination if application is
made not later than six months after his release from military
service or six months after the effective date thereof, whichever is
later. If the applicant passes the examination, his name shall be
placed on the eligible list that resulted from the original
examination as the list stands at the time his name is placed
thereon. If his rating is sufficiently high for his name to have been
included on a certification to a permanent position while he was in
the military service had his name been on the list when originally
established, his eligibility shall be established, notwithstanding
the removal of names from the original list pursuant to Section
18901. He shall retain his place on such list for three years from
the termination of his service with the armed forces or one year from
the date such eligibility is established, whichever is later, if his
rating is sufficiently high for his name to have been included on a
certification to a permanent position while he was in recognized
military service had his name been on the list when originally
established. A name thus retained on a list, beyond the time other
names are removed from the list pursuant to the provisions of Section
18901, shall be removed if the person refuses to accept appointment
to a permanent position after certification thereto subsequent to his
discharge from the armed forces.
19776. If a promotional examination was held while an employee was
on military leave that he or she would otherwise have been entitled
to take, the employee shall be eligible to take the identical
promotional examination within five years of the date of the original
examination. The board shall arrange for him or her to take the
examination within a reasonable time, provided application is made
not later than six months after his or her reinstatement from
military leave. If the employee qualifies in the examination, his or
her name shall be placed on the open and promotional list that
resulted from the original examination, as the list stands at the
time his or her name is placed thereon. If his or her rating is
sufficiently high for his or her name to have been included on a
certification to a permanent position while he or she was in the
military service had his or her name been on the list when originally
established, his or her eligibility shall be established,
notwithstanding the removal of names from the original list pursuant
to Section 18901. He or she shall retain his place on the list for
three years from the termination of his or her service with the armed
forces or one year from the date the eligibility is established,
whichever is later. A name thus retained on a list, beyond the time
other names are removed from the list pursuant to Section 18901,
shall be removed if the person refuses to accept appointment to a
permanent position after certification thereto subsequent to his or
her discharge from the armed forces, or if he or she resigns from
state service.
19775. An employee who is granted a long-term military leave of
absence and who for a period of not less than one year immediately
prior to the effective date active duty begins has had continuous
state service as defined by Department of Personnel Administration
rule which is not broken by a permanent separation shall be entitled
to receive his or her salary or compensation for the first 30
calendar days of active duty served during the absence.
19775.1. An employee who is granted a short-term military leave of
absence for active military duty, but not for inactive duty,
including, but not limited to, scheduled reserve drill periods, and
who for a period of not less than one year immediately prior to the
effective date of active duty has had continuous state service as
defined by Department of Personnel Administration rule that is not
broken by a permanent separation, or who has had continuous state
service immediately prior to the effective date of active duty not
broken by a permanent separation and sufficient recognized military
service that need not be contiguous to equal one year shall be
entitled to receive his or her salary or compensation for the first
30 calendar days of active duty served during the absence.
An employee who is granted emergency military leave under Section
19773, shall receive his or her salary or compensation as a state
employee while going to, engaging in, and returning from the duty.
The employee shall not receive his or her salary or compensation for
more than 30 days each time he or she is granted the emergency
military leave.
19775.15. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, an employee who, as a member of the
California National Guard or a United States military reserve
organization, is called into active duty as a result of the
Iraq-Kuwait crisis on or after August 2, 1990, shall have the
benefits provided for in subdivision (b).
(b) Any employee to which subdivision (a) applies, while on active
duty, shall, with respect to active duty served on or after August
2, 1990, receive from the state, for a period not to exceed 180
calendar days, as part of his or her compensation both of the
following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee as determined by the Department of Personnel
Administration, including any merit raises which would otherwise have
been granted during the time the individual was on active duty.
(2) All benefits which he or she would have received had he or she
not been called to active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not return to state service within 60 days of being
released from active duty shall have that compensation treated as a
loan payable with interest at the rate earned on the Pooled Money
Investment Account. This subdivision shall not apply to compensation
received pursuant to Section 19775.
(d) This section shall not apply to any active duty served
voluntarily after the close of the Iraq-Kuwait crisis.
19775.16. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, an employee who, as a member of the
California National Guard or a United States military reserve
organization, is called into active duty as a result of the Bosnia
crisis on or after November 21, 1995, shall have the benefits
provided for in subdivision (b).
(b) Any employee to which subdivision (a) applies, while on active
duty, shall, with respect to active duty served on or after November
21, 1995, as a result of the Bosnia crisis, receive from the state,
for a period not to exceed 180 calendar days, as part of his or her
compensation both of the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee as determined by the Department of Personnel
Administration, including any merit raises that would otherwise have
been granted during the time the individual was on active duty.
(2) All benefits that he or she would have received had he or she
not been called to active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not return to state service within 60 days of being
released from active duty shall have that compensation treated as a
loan payable with interest at the rate earned on the Pooled Money
Investment Account. This subdivision shall not apply to compensation
received pursuant to Section 19775.
(d) This section shall not apply to any active duty served
voluntarily after the close of the Bosnia crisis.
(e) Benefits provided under paragraph (1) of subdivision (b) shall
only be provided to an employee who was not eligible to participate
in the federal Ready Reserve Mobilization Income Insurance Program
(10 U.S.C. Sec. 12521 et seq.) or a successor federal program that,
in the determination of the Director of Personnel Administration, is
substantively similar to the federal Ready Reserve Mobilization
Income Insurance Program. For an employee eligible to participate in
the federal Ready Reserve Mobilization Income Insurance Program or a
successor program, and whose monthly salary as a state employee was
higher than the sum of his or her military pay and allowances and the
maximum allowable benefit under the federal Ready Reserve
Mobilization Income Insurance Program or a successor program, the
employee shall receive the amount payable under paragraph (1) of
subdivision (b), but that amount shall be reduced by the maximum
allowable benefit under the federal Ready Reserve Mobilization Income
Insurance Program or a successor program. For individuals who
elected the federal Ready Reserve Mobilization Income Insurance
Program, the state shall reimburse for the cost of the insurance
premium for the period of time on active duty, not to exceed 180
calendar days.
19775.17. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, a state employee who, as a member of the
California National Guard or a United States military reserve
organization, is ordered to active duty by Presidential determination
that it is necessary to augment the active forces for any
operational mission, or when in time of national emergency declared
by the President or otherwise authorized by law, shall have the
benefits provided for in subdivision (b).
(b) Any state employee to which subdivision (a) applies, while on
active duty, shall receive from the state, for the duration of the
event as authorized pursuant to Sections 12302 and 12304 of Title 10
of the United States Code, but not for more than 180 calendar days,
as part of his or her compensation both of the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee, including any merit raises that would otherwise have
been granted during the time the individual was on active duty. The
amount an employee, as defined in Section 18526, would have received
as a state employee, including any merit raises that would otherwise
have been granted during the time the individual was on active duty,
shall be determined by the Department of Personnel Administration.
(2) All benefits that he or she would have received had he or she
not served on active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not reinstate to state service following active duty,
shall have that compensation treated as a loan payable with interest
at the rate earned on the Pooled Money Investment Account. This
subdivision shall not apply to compensation received pursuant to
Section 19775.
(d) Benefits provided under paragraph (1) of subdivision (b) shall
only be provided to a state employee who was not eligible to
participate in a federally sponsored income protection program for
National Guard personnel or military reserve personnel, or both,
called into active duty, as determined by the Department of Personnel
Administration. For a state employee eligible to participate in a
federally sponsored income protection program, and whose monthly
salary as a state employee was higher than the sum of his or her
military pay and allowances and the maximum allowable benefit under
the federally sponsored income protection program, the state employee
shall receive the amount payable under paragraph (1) of subdivision
(b), but that amount shall be reduced by the maximum allowable
benefit under the federally sponsored income protection program. For
individuals who elected the federally sponsored income protection
program, the state shall reimburse for the cost of the insurance
premium for the period of time on active duty, not to exceed 180
calendar days.
(e) For purposes of this section, "state employee" means an
employee as defined in Section 18526 or an officer or employee of the
legislative, executive, or judicial department of the state.
(f) This section shall not apply to any state employee entitled to
additional compensation or benefits pursuant to Section 19775.16 or
19775.18 of this code, or Section 395.08 of the Military and Veterans
Code.
19775.18. (a) In addition to the benefits provided pursuant to
Sections 19775 and 19775.1, a state employee who, as a member of the
California National Guard or a United States military reserve
organization, is ordered to active duty on and after September 11,
2001, as a result of the War on Terrorism, shall have the benefits
provided for in subdivision (b).
(b) Any state employee to which subdivision (a) applies, while on
active duty, shall receive from the state, for the duration of the
event known as the War on Terrorism, as authorized pursuant to
Sections 12302 and 12304 of Title 10 of the United States Code, but
not for more than 365 calendar days, as part of his or her
compensation both of the following:
(1) The difference between the amount of his or her military pay
and allowances and the amount the employee would have received as a
state employee, including any merit raises that would otherwise have
been granted during the time the individual was on active duty. The
amount an employee, as defined in Section 18526, would have received
as a state employee, including any merit raises that would otherwise
have been granted during the time the individual was on active duty,
shall be determined by the Department of Personnel Administration.
(2) All benefits that he or she would have received had he or she
not served on active duty unless the benefits are prohibited or
limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision
(b) who does not reinstate to state service following active duty,
shall have that compensation treated as a loan payable with interest
at the rate earned on the Pooled Money Investment Account. This
subdivision does not apply to compensation received pursuant to
Section 19775.
(d) Benefits provided under paragraph (1) of subdivision (b) shall
only be provided to a state employee who was not eligible to
participate in a federally sponsored income protection program for
National Guard personnel or military reserve personnel, or both,
called into active duty, as determined by the Department of Personnel
Administration. For a state employee eligible to participate in a
federally sponsored income protection program, and whose monthly
salary as a state employee was higher than the sum of his or her
military pay and allowances and the maximum allowable benefit under
the federally sponsored income protection program, the state employee
shall receive the amount payable under paragraph (1) of subdivision
(b), but that amount shall be reduced by the maximum allowable
benefit under the federally sponsored income protection program. For
individuals who elected the federally sponsored income protection
program, the state shall reimburse for the cost of the insurance
premium for the period of time on active duty, not to exceed 365
calendar days.
(e) The Governor may, by executive order, extend the period of
time for the receipt of benefits provided pursuant to this section by
no more than an additional 1,460 calendar days.
(f) (1) "Military pay and allowances" for the purposes of this
section does not include hazardous duty pay, hostile fire pay, or
imminent danger pay. A state employee is entitled to retain these and
any other special and incentive pay provided by the federal
government.
(2) "State employee" for the purposes of this section means an
employee as defined in Section 18526 or an officer or employee of the
legislative, executive, or judicial department of the state.
(g) This section does not apply to any state employee entitled to
additional compensation or benefits pursuant to Section 19775.16 or
19775.17 of this code, or Section 395.08 of the Military and Veterans
Code.
(h) This section does not apply to any active duty served after
the close of the War on Terrorism.
19775.2. Pay under the provisions of Sections 19775 and 19775.1,
excluding emergency military leave pay provisions, shall not exceed
30 calendar days in any one fiscal year. The beginning date of active
duty shall determine the fiscal year in which the pay is accumulated
when the period of active duty extends into another fiscal year.
19775.3. An employee who meets the conditions under Sections 19775
or 19775.1, or who is granted an emergency military leave shall
receive the same vacation, sick leave, and other civil service
status, rights and benefits as though he or she had remained in his
or her position and not been on military leave except that his or her
probationary period shall be extended by the length of the absence,
and no more than six months of leave credits shall be granted.
19775.4. Except as provided in Section 19781, a person in
recognized military service whose name was high enough on an
employment list to be available for certification for possible
permanent appointment to a position while he or she was in the armed
forces of the United States shall retain his or her place on the list
for three years following the date of his or her release from
military service or until six months after the termination of the
state military emergency, whichever is the earlier, provided, that a
name shall not be retained on a list for longer than eight years
after the list is established. The name of a person whose eligibility
is retained under the provisions of this section beyond the time
other names are removed from a list pursuant to Section 18901 shall
be certified ahead of the names of persons on more recently prepared
lists, except that the name shall be removed from the list if he or
she refuses or has refused to accept appointment to a permanent
position after certification thereto subsequent to his or her release
from the armed forces.
Notwithstanding Section 19770, this section shall also be
applicable to persons who are not civil service employees and were on
active military duty because of the Iraq-Kuwait crisis.
19775.5. Any person in recognized military service, whose name
appears on a promotional list, or general reemployment list,
appointment from which would accord permanent status, and is retained
on such list subject to Section 19775.4, shall have his name
certified to fill any vacancy which may occur during the period his
name is so retained on such list. The appointing power may appoint
him to fill the position to take effect upon his reinstatement under
the provisions of Sections 19780 and 19782. Any person in recognized
military service, whose name appears on a subdivisional or
departmental reemployment list and is retained on such list subject
to Section 19775.4 shall have his name certified to fill any vacancy
which may occur during the period his name is so retained on such
list. The appointing power shall appoint him to fill the vacant
position to take effect upon his reinstatement under the provisions
of Sections 19780 and 19782.
19775.6. Time spent on military leave, including rehabilitation
afforded by the United States or the state following recognized
military service by any person having an absolute right to be
restored to his or her former position, shall be considered as time
spent in state service for the purpose of computing state service for
a higher rate of vacation credit, other benefits accruing on the
basis of state service, and rights to merit salary adjustments at the
time of return to state service.
A veteran who was reinstated from military leave shall receive
layoff seniority credits for the time spent on the leave on the same
basis as if it were service in the employee's former position.
19775.7. Whenever a state employee is certified for appointment to
a higher position by a department before entering military service
and the department has requested his service, but was unable to
complete any procedural requirement for such appointment by reason of
entry into recognized military service and is eligible for
reinstatement pursuant to Section 19780, he shall be afforded an
opportunity to complete the necessary requirement for such
appointment immediately upon return to state service and if completed
satisfactorily shall be considered as having been appointed as of
the earliest date of appointment appearing on the certificate of
eligibles and shall be considered as having been on military leave
from such position.
19775.8. Except as provided in Section 19781, when any person
successfully completes part of an open or promotional examination but
is unable to complete all portions thereof because of entry into
recognized military service, the board shall arrange for him to take
such uncompleted portion of the examination, providing application is
made not later than six months after his release from military
service. Such right to complete an examination shall not continue for
longer than five years after the date of the examination.
If the applicant passes the examination, his name shall be placed
on the eligible list that resulted from the original examination as
the list stands at the time his name is placed thereon, provided if
his rating is sufficiently high for his name to have been included on
a certification to a permanent position while he was in the military
service had his name been on the list when originally established,
his eligibility shall be established, notwithstanding the removal of
names from the original list, pursuant to Section 18901. He shall
retain his place on such list for three years from the termination of
his service with the armed forces. A name thus retained on a list
beyond the time other names are removed from the list, pursuant to
Section 18901, shall be removed if the person refuses to accept
appointment to a permanent position after certification thereto
subsequent to his discharge from the armed forces.
19775.9. An individual on military leave from either a state civil
service position held under duration appointment, a position held
under an exempt appointment but included in the state civil service
prior to his release from military service, or a position in any
federal or other public agency, the functions of which were
transferred to the state prior to his release from military service,
who would be eligible for reinstatement or restoration to his
position pursuant to Sections 19780 and 19782, shall be permitted to
take any regular examination held while he was in the military
service, or on military leave, for the class in which he had such
appointment and for which he had the minimum qualifications required
of applicants when the examination originally was given, within five
years of the date of the original examination. The board shall
arrange for him to take the identical examination if application is
made not later than six months after his release from military
service or six months after the effective date thereof, whichever is
later. If the applicant passes the examination, his name shall be
placed on the eligible list that resulted from the original
examination as the list stands at the time his name is placed
thereon. If his rating is sufficiently high for his name to have been
included on a certification to a permanent position while he was in
the military service had his name been on the list when originally
established, his eligibility shall be established, notwithstanding
the removal of names from the original list pursuant to Section
18901. He shall retain his place on such list for three years from
the termination of his service with the armed forces or one year from
the date such eligibility is established, whichever is later, if his
rating is sufficiently high for his name to have been included on a
certification to a permanent position while he was in recognized
military service had his name been on the list when originally
established. A name thus retained on a list, beyond the time other
names are removed from the list pursuant to the provisions of Section
18901, shall be removed if the person refuses to accept appointment
to a permanent position after certification thereto subsequent to his
discharge from the armed forces.
19776. If a promotional examination was held while an employee was
on military leave that he or she would otherwise have been entitled
to take, the employee shall be eligible to take the identical
promotional examination within five years of the date of the original
examination. The board shall arrange for him or her to take the
examination within a reasonable time, provided application is made
not later than six months after his or her reinstatement from
military leave. If the employee qualifies in the examination, his or
her name shall be placed on the open and promotional list that
resulted from the original examination, as the list stands at the
time his or her name is placed thereon. If his or her rating is
sufficiently high for his or her name to have been included on a
certification to a permanent position while he or she was in the
military service had his or her name been on the list when originally
established, his or her eligibility shall be established,
notwithstanding the removal of names from the original list pursuant
to Section 18901. He or she shall retain his place on the list for
three years from the termination of his or her service with the armed
forces or one year from the date the eligibility is established,
whichever is later. A name thus retained on a list, beyond the time
other names are removed from the list pursuant to Section 18901,
shall be removed if the person refuses to accept appointment to a
permanent position after certification thereto subsequent to his or
her discharge from the armed forces, or if he or she resigns from
state service.
