State Codes and Statutes

Statutes > California > Mvc > 389-399.5

MILITARY AND VETERANS CODE
SECTION 389-399.5



389.  (a) As used in this chapter, "temporary military leave of
absence" means a leave of absence from public employment to engage in
ordered military duty for a period which by the order is not to
exceed 180 calendar days including travel time for purposes of active
military training, encampment, naval cruises, special exercises or
like activity as a member of the reserve corps or force of the armed
forces of the United States, or the National Guard, or the Naval
Militia.
   (b) "Public employee" means any officer or employee of a public
agency, except for those officers or employees of the state subject
to the provisions of Chapter 11 (commencing with Section 19770) of
Part 2 of Division 5 of Title 2 of the Government Code.
   (c) "Public agency" means the state, or any county, city and
county, city, municipal corporation, school district, irrigation
district, water district, or other district.
   (d) "Armed forces" or "armed forces of the United States" means
the "armed forces" as defined in Section 18540 of the Government
Code.
   (e) "Recognized military service" means service as defined in
Section 18540.3 of the Government Code.



390.  No person belonging to or on duty with the active militia of
the state, or engaged in the performance of military duty on call of
the Governor or in pursuance of an order of the President of the
United States shall be arrested on any civil process while going to,
remaining at, or returning from any place at which he may be required
to attend for military duty.



391.  Every member of the active militia shall be exempt from road
tax and head tax of every description, from jury duty (including
service on coroners' juries) except that members of the National
Guard who are not on active duty shall not be exempt from jury duty
in any noncriminal proceeding, and from service on any posse
comitatus, if the member furnishes the certificate of his or her
immediate commanding officer that the member has performed the duties
required of him or her for the year immediately preceding a summons
to act as juror or during the period of the member's service if less
than one year.


392.  Members of the militia in the active service of the State
shall not be liable civilly or criminally for any act or acts done by
them in the performance of their duty.



393.  (a) In an action or proceeding of any nature commenced in any
court against an active member of the militia or a member of the
militia in active service in pursuance of an order of the President
of the United States as a result of a state emergency for an act done
by such member in an official capacity in the discharge of duty, or
an alleged omission to do an act which it was the member's duty to
perform, or against any person acting under the authority or order of
an officer or by virtue of a warrant issued by an officer pursuant
to law:
   (1) The defendant in all cases may make a general denial and give
special matter in evidence.
   (2) A defendant in whose favor a final judgment is rendered in any
such action or proceeding shall recover treble costs.
   (b) The Attorney General shall defend such active member or person
where the action or proceeding is civil. The senior judge advocate
on the state staff or one of the judge advocates shall defend such
active member or person where the action or proceeding is criminal,
and the Adjutant General shall designate the senior judge advocate on
the state staff, or one of the judge advocates, to defend such
active member or person.
   (c) In the event such active member or person is not indemnified
by the federal government, Section 825 of the Government Code shall
apply to such active member or person.



394.  (a) No person shall discriminate against any officer, warrant
officer or enlisted member of the military or naval forces of the
state or of the United States because of that membership. No member
of the military forces shall be prejudiced or injured by any person,
employer, or officer or agent of any corporation, company, or firm
with respect to that member's employment, position or status or be
denied or disqualified for employment by virtue of membership or
service in the military forces of this state or of the United States.
   (b) No officer or employee of the state, or of any county, city
and county, municipal corporation, or district shall discriminate
against any officer, warrant officer or enlisted member of the
military or naval forces of the state or of the United States because
of that membership. No member of the military forces shall be
prejudiced or injured by any officer or employee of the state, or of
any county, city and county, municipal corporation, or district with
respect to that member's employment, appointment, position or status
or be denied or disqualified for or discharged from that employment
or position by virtue of membership or service in the military forces
of this state or of the United States.
   (c) No person shall prohibit or refuse entrance to any officer or
enlisted member of the Army or Navy of the United States or of the
military or naval forces of this state into any public entertainment
or place of amusement or into any of the places described in Sections
51 and 52 of the Civil Code because that member wears the uniform of
the organization to which he or she belongs.
   (d) No employer or officer or agent of any corporation, company,
or firm, or other person, shall discharge any person from employment
because of the performance of any ordered military duty or training
or by reason of being an officer, warrant officer, or enlisted member
of the military or naval forces of this state, or hinder or prevent
that person from performing any military service or from attending
any military encampment or place of drill or instruction he or she
may be called upon to perform or attend by proper authority;
prejudice or harm him or her in any manner in his or her employment,
position, or status by reason of performance of military service or
duty or attendance at military encampments or places of drill or
instruction; or dissuade, prevent, or stop any person from enlistment
or accepting a warrant or commission in the California National
Guard or Naval Militia by threat or injury to him or her in respect
to his or her employment, position, status, trade, or business
because of enlistment or acceptance of a warrant or commission.
   (e) (1) No private employer or officer or agent of any
corporation, company, or firm, or other person, shall restrict or
terminate any collateral benefit for employees by reason of an
employee's temporary incapacitation incident to duty in the National
Guard or Naval Militia. As used in this subdivision, "temporary
incapacitation" means any period of incapacitation of 52 weeks or
less.
   (2) As used in this subdivision, "benefit" includes, but is not
limited to, health care which may be continued at the employee's
expense, life insurance, disability insurance, and seniority status.
   (f) No person who provides lending or financing shall discriminate
against any person with respect to the terms of a loan or financing,
including, but not limited to, the finance charge, based on that
person's membership in the military or naval forces of this state or
of the United States. With respect to any loan or credit transaction
covered by Section 670 of Public Law 109-364 and Section 232 of Title
32 of the Code of Federal Regulations, as published on August 31,
2007, in Volume 72 of the Federal Register, a person that does not
market or extend those transactions to covered borrowers shall not be
in violation of this section. For purposes of this section, a
covered borrower has the same meaning as provided for in Section 232
of Title 32 of the Code of Federal Regulations, as published on
August 31, 2007, in Volume 72 of the Federal Register.
   (g) Any person violating this section is guilty of a misdemeanor.
In addition, any person violating any of the provisions of this
section shall be liable for actual damages and reasonable attorney's
fees incurred by the injured party.
   (h) The remedies provided for in this section are not intended to
be exclusive but are in addition to the remedies provided for in
other laws, including Sections 51 and 52 of the Civil Code.



394.5.  Any employee of any corporation, company, or firm, or other
person, who is a member of the reserve corps of the armed forces of
the United States or of the National Guard or the Naval Militia shall
be entitled to a temporary leave of absence without pay while
engaged in military duty ordered for purposes of military training,
drills, encampment, naval cruises, special exercises or like activity
as such member, providing that the period of ordered duty does not
exceed 17 calendar days annually including time involved in going to
and returning from such duty.



395.  (a) Any public employee who is a member of the reserve corps
of the Armed Forces of the United States or of the National Guard or
the Naval Militia is entitled to a temporary military leave of
absence as provided by federal law while engaged in military duty
ordered for purposes of active military training, inactive duty
training, encampment, naval cruises, special exercises or like
activity, providing that the period of ordered duty does not exceed
180 calendar days, including time involved in going to and returning
from that duty.
   (b) Notwithstanding subdivision (a), a local public agency may,
but is not required to, provide paid military leave of absence for
periods of inactive duty training.
   (c) The employee has an absolute right to be restored to the
former office or position and status formerly had by him or her in
the same locality and in the same office, board, commission, agency,
or institution of the public agency upon the termination of temporary
military duty. 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 to a position of like seniority, status, and pay
if a position exists, or if no position exists the employee shall
have the same rights and privileges that he or she would have had if
he or she had occupied the position when it ceased to exist and had
not taken temporary military leave of absence.
   (d) Any public employee who has been in the service of the public
agency from which the leave is taken for a period of not less than
one year immediately prior to the date upon which a temporary
military leave of absence begins, shall receive the same vacation,
sick leave, and holiday privileges and the same rights and privileges
to promotion, continuance in office, employment, reappointment to
office, or reemployment that the employee would have enjoyed had he
or she not been absent therefrom; excepting that an uncompleted
probationary period, if any, in the public agency, must be completed
upon reinstatement as provided by law or rule of the agency. For the
purposes of this section, in determining the one year of service in a
public agency all service of the employee in recognized military
service shall be counted as public agency service.
   (e) If this section is in conflict with 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 the memorandum of understanding
requires the expenditure of funds, it shall not become effective
unless approved by the Legislature in the annual Budget Act.




395.01.  (a) Any public employee who is on temporary military leave
of absence for military duty ordered for purposes of active military
training, inactive duty training, encampment, naval cruises, special
exercises, or like activity as such member, provided that the period
of ordered duty does not exceed 180 calendar days including time
involved in going to and returning from the duty, and who has been in
the service of the public agency from which the leave is taken for a
period of not less than one year immediately prior to the day on
which the absence begins, is entitled to receive his or her salary or
compensation as a public employee for the first 30 calendar days of
any such absence. Pay for those purposes may not exceed 30 days in
any one fiscal year. For the purposes of this section, in determining
the one year of public agency service, all service of a public
employee in the recognized military service shall be counted as
public agency service.
   (b) Notwithstanding subdivision (a), a local public agency may,
but is not required to, pay an employee during a period of inactive
duty training.
   (c) 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 those
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.



395.02.  Every officer and employee of a public agency who is on
military leave other than temporary military leave of absence who has
been in the service of such public agency for a period of not less
than one year immediately prior to the date on which the absence
begins shall be entitled to receive his salary or compensation as
such officer or employee for the first 30 calendar days while engaged
in the performance of ordered military duty.
   As used in this section only, the terms "officer" and "employee"
mean an officer or employee who
   (a) Is ordered into active military duty as a member of a reserve
component of the armed forces of the United States;
   (b) Is ordered into active federal military duty as a member of
the National Guard or Naval Militia; or
   (c) Is inducted, enlists, enters or is otherwise ordered or called
into active duty as a member of the armed forces of the United
States.



395.03.  No more than the pay for a period of 30 calendar days shall
be allowed under the provisions of Section 395.01 or 395.02 for any
one military leave of absence or during any one fiscal year, except
as otherwise authorized by resolution of the legislative body of a
public agency or as provided in a memorandum of understanding reached
with an employee organization pursuant to Chapter 10 (commencing
with Section 3500) of Division 4 of Title 1 of the Government Code.



395.04.  During the time that as an officer or enlisted man or woman
of the California National Guard, who is on full-time active duty in
the military service of the state, and is engaged, with the approval
of the Adjutant General, in the military service of the state in
attendance at drills, camps, or special exercises, sponsored by
federal authority or by the United States Department of Defense, as a
member of the National Guard of the United States, he or she shall
receive salary, pay, and compensation as provided in Sections 320 and
321.


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.



395.06.  (a) Every officer and enlisted member of the California
National Guard who, in order to undertake active military duty in the
service of the state when the Governor has issued a proclamation of
a state of insurrection pursuant to Section 143, or a proclamation of
a state of extreme emergency or when the California National Guard
is on active duty pursuant to Section 146, or a service member called
to active service or duty under Chapter 7.5 (commencing with Section
400), has left a position, other than a temporary position, in
private employment, receives a certificate of satisfactory service in
the California National Guard or an equivalent thereof, is still
qualified to perform the duties of that position, and makes
application within 40 days after release from service shall be
considered as on leave of absence during that period and shall be
restored by the former employer to the former position or to a
position of similar seniority, status, and pay without loss of
retirement or other benefits, unless the employer's circumstances
have so changed as to make it impossible or unreasonable to do so,
and shall not be discharged from the position without cause within
one year after being restored to the position.
   (b) Every officer and enlisted member who has left a part-time
position in private employment for purposes of service pursuant to
subdivision (a), receives a certificate of satisfactory service in
the California National Guard or an equivalent thereof, is still
qualified to perform the duties of that position, and makes
application within five days after release from service shall be
considered as on leave of absence during that period and shall be
restored by the former employer to the former position, or to a
position of similar seniority, status, and pay, if any exists, and
shall not be discharged from the position without cause within one
year after being restored to the position.
   (c) If any employer fails or refuses to comply with this section,
the superior court of the county in which the employer maintains a
place of business may, upon the filing of a motion, petition, or
other appropriate pleading by the person entitled to the benefits of
this section, specifically require the employer to comply with this
section and compensate the person for any loss of wages or benefits
suffered by reason of the employer's unlawful action. The court shall
order a speedy hearing and shall advance it on the calendar. Upon
application to the district attorney of the county in which the
employer maintains a place of business by any person claiming to be
entitled to the benefits of this section, the district attorney, if
reasonably satisfied that the person is entitled to these benefits,
shall appear and act as attorney for the person in the amicable
adjustment of the claim or in the filing of any motion, petition, or
other appropriate pleading and the prosecution thereof to
specifically require the employer to comply with this section. No
fees or court costs are required to be paid by the person applying
for these benefits.
   (d) Upon application to the city prosecutor of the city in which
the employer maintains a place of business by any person claiming to
be entitled to the benefits of this section, the city prosecutor, if
reasonably satisfied that the person is entitled to these benefits,
may appear and act as attorney for the person in the amicable
adjustment of the claim or in the filing of any motion, petition, or
other appropriate pleading and the prosecution thereof to
specifically require the employer to comply with this section. No
fees or court costs are required to be paid by the person applying
for these benefits.



395.07.  (a) In addition to the benefits provided pursuant to
Sections 395.01 and 395.02, any officer or employee of the
legislative, executive, or judicial department of the state, 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 officer or 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 officer or employee would have
received as a state officer or employee, 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 395.02.
   (d) This section shall not apply to any active duty served
voluntarily after the close of the Iraq-Kuwait crisis.



395.08.  (a) In addition to the benefits provided pursuant to
Sections 395.01 and 395.02, any officer or employee of the
legislative, executive, or judicial department of the state, 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 officer or 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 officer or employee would have
received as a state officer or employee, 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 395.02.
   (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.



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.



395.2.  Any employee of a board of school trustees or board of
education in a position not requiring certification qualifications
who enters the active military service of the United States of
America or of the State of California, including active service in
any uniformed auxiliary of, or to, any branch of such military
service created or authorized as such auxiliary by the Congress of
the United States of America or by the Legislature of the State of
California, or in the full time paid service of the American Red
Cross, during any period of National emergency declared by the
President of the United States of America or during any war in which
the United States of America is engaged, shall regain all rights to
his position and shall be reinstated thereto upon his application at
any time within six months of the termination of that service, but in
any event within one year from the date of a treaty of peace
terminating the hostilities in which the United States is now
engaged. The provisions of this act shall apply to service in the
Merchant Marine as that phrase is now defined in any Federal statute
relating to reemployment rights of persons in service in the Merchant
Marine.


395.3.  In the event that any public officer or employee has
resigned or resigns his or her office or employment to serve or to
continue to serve in the Armed Forces of the United States or in the
militia of this state, he or she shall have a right to return to and
reenter the office or employment prior to the time at which his or
her term of office or his or her employment would have ended if he or
she had not resigned, on serving a written notice to that effect
upon the authorized appointing power, or if there is no authorized
appointing power, upon the officer or agency having power to fill a
vacancy in the office or employment, within six months of the
termination of his or her active service with the Armed Forces;
provided, that the right to return and reenter upon the office or
position shall not extend to or be granted to any public officer or
employee, 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.
   As used in this section, "public officers and employees" includes
all of the following:
   (a) Members of the Senate and of the Assembly.
   (b) Justices of the Supreme Court and the courts of appeal, judges
of the superior courts, and all other judicial officers.
   (c) All other state officers and employees not within Chapter 11
(commencing with Section 19770) of Part 2 of Division 5 of Title 2 of
the Government Code, including all officers for whose selection and
term of office provision is made in the California Constitution and
laws of this state.
   (d) All officers and employees of any county, city and county,
city, township, district, political subdivision, authority,
commission, board, or other public agency within this state.
   The right of reentry into public office or employment provided for
in this section shall include the right to be restored to the civil
service status as the officer or employee would have if he or she had
not so resigned; and no other person shall acquire civil service
status in the same position so as to deprive the officer or employee
of his or her right to restoration as provided for herein.
   This section shall be retroactively applied to extend the right of
reentry into public office or employment to public officers and
employees who resigned prior to its effective date.
   This section does not apply to any public officer or employee to
whom the right to reenter public office or employment after service
in the Armed Forces has been granted by any other provision of law.
   If any provision of this section, or the application of this
section to any person or circumstance, is held invalid, the remainder
of this section, or the application of this section to persons or
circumstances other than those as to which it is held invalid, shall
not be affected thereby.
   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 the
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.



395.4.  Whenever the United States is engaged in war or whenever the
Governor finds and proclaims that an emergency exists in preparing
for the National defense, any employee or officer, other than an
elected officer, of a county, city, political subdivision, school,
irrigation, public district, or other local authority or public body
whatsoever who enters the armed forces of the United States shall be
entitled to a leave of absence for service with such armed forces for
the duration of the war or until the Governor finds and proclaims
that the emergency no longer exists, and for 90 days thereafter, or
until 90 days after the termination of such service.



395.5.  (a) The Military Department shall comply with the provisions
of Section 4301 of Title 38 of the United States Code, the Uniformed
Services Employment and Reemployment Rights Act (USERRA).
   (b) For purposes of USERRA, Military Department personnel who are
on state active duty and are deployed, mobilized, or otherwise
subject to any federal active service under voluntary or involuntary
conditions, shall be considered employees and provided the same
federal reemployment protections and benefits given to other
employees under USERRA.


395.6.  (a) The Governor may appoint a mediator in his or her office
to take complaints, regarding possible violations or other issues
dealing with the Uniformed Service Employment and Reemployment Rights
Act (38 U.S.C. Sec. 4301 et seq.), hereafter USERRA, and Section
395.06, and to resolve and coordinate the resolution of those
complaints or issues, from state employees who satisfy both of the
following:
   (1) Are members of either of the following:
   (A) The California National Guard.
   (B) A reserve component of the Armed Forces of the United States.
   (2) Encounter problems regaining their state position when they
return from service in the California National Guard or from service
in a reserve component of the United States Armed Forces.
   (b) Each state agency and department may appoint a mediator to
take complaints, regarding possible violations of USERRA and other
issues relating to state pay, and to resolve and coordinate the
resolution of those complaints with, if necessary, the assistance of
the Governor-appointed ombudsman, from employees of that department
or agency who are members of either the California National Guard or
a reserve component of the Armed Forces of the United States.
   (c) Mediators appointed under the provisions of subdivisions (a)
and (b) shall become knowledgeable about USERRA law and, to the
extent possible, work with the California Committee for Employer
Support of the Guard and Reserve, a Department of Defense
organization, and the California National Guard.




395.8.  Any officer, elective or otherwise, who leaves or shall have
left the service of any city in order to enter upon active service
with the armed forces of the United States shall be reinstated and
restored to his office upon his discharge or release from such active
service with the armed forces; provided, such discharge or release
is prior to the expiration of the term for which he has been elected
or appointed.
   The rights created by this section shall have no application to
any officer who shall have been dishonorably discharged or released
from such armed forces, or shall have been so mentally or physically
disabled as to be incapable of performing the duties of his office or
shall fail to present himself to the legislative body or other
appointing authority of such city ready and willing to assume the
duties of his office, within six months from the time of his
discharge or release from active service with the armed forces.
   The office from which such officer absents himself to enter upon
active service with the armed forces shall not be considered to be
vacant but the legislative body or other appointing authority, as the
case may be, may appoint an officer to temporarily replace any such
officer so absenting himself to enter upon active service with the
armed forces. Such temporary officers shall have all of the powers
and duties of the office to which he may be temporarily appointed and
shall hold said office until the expiration of the term thereof or
until the officer returns from service with the armed forces,
whichever event first occurs.


395.9.  Any public employee and any employee of a corporation,
company, firm, or other person who is a member of the State Military
Reserve is entitled to a temporary military leave of absence without
pay while engaged in military duty for purposes of military training,
drills, unit training assemblies, or similar inactive duty training
for not to exceed 15 calendar days annually, including time involved
in going to and returning from that duty.



395.10.  (a) Notwithstanding any other provision of law, a qualified
employer shall allow a qualified employee to take up to 10 days of
unpaid leave during a qualified leave period.
   (b) For purposes of this section:
   (1) "Period of military conflict" means either of the following:
   (A) A period of war declared by the United States Congress.
   (B) A period of deployment for which a member of a reserve
component is ordered to active duty pursuant to either of the
following:
   (i) Sections 12301 and 12302 of Title 10 of the United States
Code.
   (ii) Title 32 of the United States Code.
   (2) "Qualified employee" means a person who satisfies all of the
following:
   (A) Is the spouse of a qualified member.
   (B) Performs service for hire for an employer for an average of 20
or more hours per week, but does not include an independent
contractor.
   (C) Provides the qualified employer with notice, within two
business days of receiving official notice that the qualified member
will be on leave from deployment, of his or her intention to take the
leave provided for in subdivision (a).
   (D) Submits written documentation to the qualified employer
certifying that the qualified member will be on leave from deployment
during the time the leave provided for in subdivision (a) is
requested.
   (3) "Qualified employer" includes any individual, corporation,
company, firm, state, city, county, city and county, municipal
corporation, district, public authority, or any other governmental
subdivision, that employs 25 or more employees.
   (4) "Qualified member" means a person who is any of the following:
   (A) A member of the Armed Forces of the United States who has been
deployed during a period of military conflict to an area designated
as a combat theater or combat zone by the President of the United
States.
   (B) A member of the National Guard who has been deployed during a
period of military conflict.
   (C) A member of the Reserves who has been deployed during a period
of military conflict.
   (5) "Qualified leave period" means the period during which the
qualified member is on leave from deployment during a period of
military conflict.
   (c) A qualified employer shall not retaliate against a qualified
employee for requesting or taking the leave provided for in this
section.
   (d) The leave provided for in this section shall not affect or
prevent a qualified employer from allowing a qualified employee to
take a leave that the qualified employee is otherwise entitled to
take.
   (e) This section shall not affect a qualified employee's rights
with respect to any other employee benefit provided for in other
laws.



396.  The commanding officer of any portion of the militia parading
or performing any military duty in any street or highway may require
persons in such street or highway to yield the right of way to such
militia, except that the carriage of the United States mail, the
legitimate functions of the police, and the progress and operations
of hospital ambulances, fire engines, and fire departments and
apparatus shall not be interfered with thereby.
   Any person who hinders, delays, or obstructs any portion of the
militia parading or performing any military duty, or who attempts so
to do, is guilty of a misdemeanor.



397.  When an emergency has been declared to exist by the Governor
and during the continuance thereof, any person belonging to the
military or naval forces of the State or of the United States shall,
together with his conveyance, personal baggage, and the military
property of the State or of the United States in his charge, be
allowed to pass free through all tollgates and over all toll bridges
and all ferries, if he presents an order for duty in the military or
naval service of the State or of the United States. The provisions of
this section do not apply to any tollgate, toll bridge or ferry
owned or operated by any private individual, corporation or utility,
or owned or operated by any municipal corporation or bridge and
highway district.



398.  Any person who trespasses upon any campground, armory,
airport, or other place devoted to military duty, or who in any way
or manner interrupts or molests the orderly discharge of military
duty, or who disturbs or prevents the passage of troops going to or
returning from any duty is guilty of a misdemeanor and may be placed
under arrest by or at the direction of the commanding officer of the
troops or of the place concerned. The Adjutant General may cause any
place to be declared "off limits" to members of the National Guard if
necessary to protect the health, safety, morals or general welfare
of such members during such times as the National Guard may be on
active duty or in attendance at an encampment, maneuvers or extended
exercise.



399.  (a) (1) The Secretary of the California Department of Veterans
Affairs, or his or her designees, shall assist any eligible member
or veteran who returns or has returned to this state in obtaining a
best practice health screening test for exposure to depleted uranium.
The screening should consist of a bioassay procedure capable of
detecting depleted uranium at low levels and discriminating between
different uranium isotopes. State funds shall not be used to pay for
the tests or any other federal treatment services.
   (2) The eligible member or veteran must return or have returned to
this state after service in an area where depleted uranium was used
or that was designated as a combat zone by the President of the
United States after 1990. The eligible member or veteran shall either
be assigned a risk level I, II, or III for depleted uranium exposure
by his or her branch of service, be referred by a military
physician, or have reason to believe that he or she was exposed to
depleted uranium during his or her service.
   (b) (1) In order to effectively provide the assistance required by
subdivision (a), the Secretary of the California Department of
Veterans Affairs, or his or her designees, shall develop and
implement a plan for outreach to eligible members and veterans who
have returned from combat areas where depleted uranium was used.
   (2) The outreach plan shall provide information to eligible
members and veterans concerning their potential exposure to depleted
uranium, the possible hazards associated with exposure, and the right
to federal depleted uranium screening services.
   (c) For purposes of this section, all of the following apply:
   (1) "Eligible member" means a member who served in the Persian
Gulf War, as defined in Section 101 of Title 38 of the United States
Code, in an area designated as a combat zone by the President of
United States during Operation Enduring Freedom or Operation Iraqi
Freedom, or in any other combat theater where depleted uranium was
used.
   (2) "Member" or "member of the Armed Forces" means a member of the
Armed Forces of the United States, including the California National
Guard, who is a resident of this state.
   (3) "Military physician" means a provider who is under contract
with the United States Department of Defense to provide physician
services to members of the Armed Forces.



399.5.  (a) (1) The Secretary of the California Department of
Veterans Affairs, or his or her designees, shall assist any eligible
member or veteran who returns or has returned to this state in
obtaining an appropriate health screening test for traumatic brain
injury and post-traumatic stress disorder.
   (2) The eligible member or veteran must return or have returned to
this state after service.
   (b) (1) In order to effectively provide the assistance required by
subdivision (a), the Secretary of the California Department of
Veterans Affairs, or his or her designees, shall develop and
implement a plan for outreach to eligible members and veterans who
have returned from combat. The Adjutant General, or his or her
designee, shall also develop and implement a plan for outreach to
eligible members of the California National Guard who have returned
from combat and remain on duty in order to effectively provide the
service required by subdivision (a).
   (2) Each outreach plan shall provide information to eligible
members and veterans concerning traumatic brain injury and
post-traumatic stress disorder, the possible impacts associated with
traumatic brain injury and post-traumatic stress disorder, and the
right to screening services.
   (c) For purposes of this section, both of the following apply:
   (1) "Eligible member" means a member who served under Title 10 of
the United States Code as designated by Executive Orders Nos. 12744
and 13239 of the President of the United States.
   (2) "Member" or "member of the Armed Forces" means a member of the
Armed Forces of the United States, including the California National
Guard, who is a resident of this state.


State Codes and Statutes

Statutes > California > Mvc > 389-399.5

MILITARY AND VETERANS CODE
SECTION 389-399.5



389.  (a) As used in this chapter, "temporary military leave of
absence" means a leave of absence from public employment to engage in
ordered military duty for a period which by the order is not to
exceed 180 calendar days including travel time for purposes of active
military training, encampment, naval cruises, special exercises or
like activity as a member of the reserve corps or force of the armed
forces of the United States, or the National Guard, or the Naval
Militia.
   (b) "Public employee" means any officer or employee of a public
agency, except for those officers or employees of the state subject
to the provisions of Chapter 11 (commencing with Section 19770) of
Part 2 of Division 5 of Title 2 of the Government Code.
   (c) "Public agency" means the state, or any county, city and
county, city, municipal corporation, school district, irrigation
district, water district, or other district.
   (d) "Armed forces" or "armed forces of the United States" means
the "armed forces" as defined in Section 18540 of the Government
Code.
   (e) "Recognized military service" means service as defined in
Section 18540.3 of the Government Code.



390.  No person belonging to or on duty with the active militia of
the state, or engaged in the performance of military duty on call of
the Governor or in pursuance of an order of the President of the
United States shall be arrested on any civil process while going to,
remaining at, or returning from any place at which he may be required
to attend for military duty.



391.  Every member of the active militia shall be exempt from road
tax and head tax of every description, from jury duty (including
service on coroners' juries) except that members of the National
Guard who are not on active duty shall not be exempt from jury duty
in any noncriminal proceeding, and from service on any posse
comitatus, if the member furnishes the certificate of his or her
immediate commanding officer that the member has performed the duties
required of him or her for the year immediately preceding a summons
to act as juror or during the period of the member's service if less
than one year.


392.  Members of the militia in the active service of the State
shall not be liable civilly or criminally for any act or acts done by
them in the performance of their duty.



393.  (a) In an action or proceeding of any nature commenced in any
court against an active member of the militia or a member of the
militia in active service in pursuance of an order of the President
of the United States as a result of a state emergency for an act done
by such member in an official capacity in the discharge of duty, or
an alleged omission to do an act which it was the member's duty to
perform, or against any person acting under the authority or order of
an officer or by virtue of a warrant issued by an officer pursuant
to law:
   (1) The defendant in all cases may make a general denial and give
special matter in evidence.
   (2) A defendant in whose favor a final judgment is rendered in any
such action or proceeding shall recover treble costs.
   (b) The Attorney General shall defend such active member or person
where the action or proceeding is civil. The senior judge advocate
on the state staff or one of the judge advocates shall defend such
active member or person where the action or proceeding is criminal,
and the Adjutant General shall designate the senior judge advocate on
the state staff, or one of the judge advocates, to defend such
active member or person.
   (c) In the event such active member or person is not indemnified
by the federal government, Section 825 of the Government Code shall
apply to such active member or person.



394.  (a) No person shall discriminate against any officer, warrant
officer or enlisted member of the military or naval forces of the
state or of the United States because of that membership. No member
of the military forces shall be prejudiced or injured by any person,
employer, or officer or agent of any corporation, company, or firm
with respect to that member's employment, position or status or be
denied or disqualified for employment by virtue of membership or
service in the military forces of this state or of the United States.
   (b) No officer or employee of the state, or of any county, city
and county, municipal corporation, or district shall discriminate
against any officer, warrant officer or enlisted member of the
military or naval forces of the state or of the United States because
of that membership. No member of the military forces shall be
prejudiced or injured by any officer or employee of the state, or of
any county, city and county, municipal corporation, or district with
respect to that member's employment, appointment, position or status
or be denied or disqualified for or discharged from that employment
or position by virtue of membership or service in the military forces
of this state or of the United States.
   (c) No person shall prohibit or refuse entrance to any officer or
enlisted member of the Army or Navy of the United States or of the
military or naval forces of this state into any public entertainment
or place of amusement or into any of the places described in Sections
51 and 52 of the Civil Code because that member wears the uniform of
the organization to which he or she belongs.
   (d) No employer or officer or agent of any corporation, company,
or firm, or other person, shall discharge any person from employment
because of the performance of any ordered military duty or training
or by reason of being an officer, warrant officer, or enlisted member
of the military or naval forces of this state, or hinder or prevent
that person from performing any military service or from attending
any military encampment or place of drill or instruction he or she
may be called upon to perform or attend by proper authority;
prejudice or harm him or her in any manner in his or her employment,
position, or status by reason of performance of military service or
duty or attendance at military encampments or places of drill or
instruction; or dissuade, prevent, or stop any person from enlistment
or accepting a warrant or commission in the California National
Guard or Naval Militia by threat or injury to him or her in respect
to his or her employment, position, status, trade, or business
because of enlistment or acceptance of a warrant or commission.
   (e) (1) No private employer or officer or agent of any
corporation, company, or firm, or other person, shall restrict or
terminate any collateral benefit for employees by reason of an
employee's temporary incapacitation incident to duty in the National
Guard or Naval Militia. As used in this subdivision, "temporary
incapacitation" means any period of incapacitation of 52 weeks or
less.
   (2) As used in this subdivision, "benefit" includes, but is not
limited to, health care which may be continued at the employee's
expense, life insurance, disability insurance, and seniority status.
   (f) No person who provides lending or financing shall discriminate
against any person with respect to the terms of a loan or financing,
including, but not limited to, the finance charge, based on that
person's membership in the military or naval forces of this state or
of the United States. With respect to any loan or credit transaction
covered by Section 670 of Public Law 109-364 and Section 232 of Title
32 of the Code of Federal Regulations, as published on August 31,
2007, in Volume 72 of the Federal Register, a person that does not
market or extend those transactions to covered borrowers shall not be
in violation of this section. For purposes of this section, a
covered borrower has the same meaning as provided for in Section 232
of Title 32 of the Code of Federal Regulations, as published on
August 31, 2007, in Volume 72 of the Federal Register.
   (g) Any person violating this section is guilty of a misdemeanor.
In addition, any person violating any of the provisions of this
section shall be liable for actual damages and reasonable attorney's
fees incurred by the injured party.
   (h) The remedies provided for in this section are not intended to
be exclusive but are in addition to the remedies provided for in
other laws, including Sections 51 and 52 of the Civil Code.



394.5.  Any employee of any corporation, company, or firm, or other
person, who is a member of the reserve corps of the armed forces of
the United States or of the National Guard or the Naval Militia shall
be entitled to a temporary leave of absence without pay while
engaged in military duty ordered for purposes of military training,
drills, encampment, naval cruises, special exercises or like activity
as such member, providing that the period of ordered duty does not
exceed 17 calendar days annually including time involved in going to
and returning from such duty.



395.  (a) Any public employee who is a member of the reserve corps
of the Armed Forces of the United States or of the National Guard or
the Naval Militia is entitled to a temporary military leave of
absence as provided by federal law while engaged in military duty
ordered for purposes of active military training, inactive duty
training, encampment, naval cruises, special exercises or like
activity, providing that the period of ordered duty does not exceed
180 calendar days, including time involved in going to and returning
from that duty.
   (b) Notwithstanding subdivision (a), a local public agency may,
but is not required to, provide paid military leave of absence for
periods of inactive duty training.
   (c) The employee has an absolute right to be restored to the
former office or position and status formerly had by him or her in
the same locality and in the same office, board, commission, agency,
or institution of the public agency upon the termination of temporary
military duty. 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 to a position of like seniority, status, and pay
if a position exists, or if no position exists the employee shall
have the same rights and privileges that he or she would have had if
he or she had occupied the position when it ceased to exist and had
not taken temporary military leave of absence.
   (d) Any public employee who has been in the service of the public
agency from which the leave is taken for a period of not less than
one year immediately prior to the date upon which a temporary
military leave of absence begins, shall receive the same vacation,
sick leave, and holiday privileges and the same rights and privileges
to promotion, continuance in office, employment, reappointment to
office, or reemployment that the employee would have enjoyed had he
or she not been absent therefrom; excepting that an uncompleted
probationary period, if any, in the public agency, must be completed
upon reinstatement as provided by law or rule of the agency. For the
purposes of this section, in determining the one year of service in a
public agency all service of the employee in recognized military
service shall be counted as public agency service.
   (e) If this section is in conflict with 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 the memorandum of understanding
requires the expenditure of funds, it shall not become effective
unless approved by the Legislature in the annual Budget Act.




395.01.  (a) Any public employee who is on temporary military leave
of absence for military duty ordered for purposes of active military
training, inactive duty training, encampment, naval cruises, special
exercises, or like activity as such member, provided that the period
of ordered duty does not exceed 180 calendar days including time
involved in going to and returning from the duty, and who has been in
the service of the public agency from which the leave is taken for a
period of not less than one year immediately prior to the day on
which the absence begins, is entitled to receive his or her salary or
compensation as a public employee for the first 30 calendar days of
any such absence. Pay for those purposes may not exceed 30 days in
any one fiscal year. For the purposes of this section, in determining
the one year of public agency service, all service of a public
employee in the recognized military service shall be counted as
public agency service.
   (b) Notwithstanding subdivision (a), a local public agency may,
but is not required to, pay an employee during a period of inactive
duty training.
   (c) 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 those
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.



395.02.  Every officer and employee of a public agency who is on
military leave other than temporary military leave of absence who has
been in the service of such public agency for a period of not less
than one year immediately prior to the date on which the absence
begins shall be entitled to receive his salary or compensation as
such officer or employee for the first 30 calendar days while engaged
in the performance of ordered military duty.
   As used in this section only, the terms "officer" and "employee"
mean an officer or employee who
   (a) Is ordered into active military duty as a member of a reserve
component of the armed forces of the United States;
   (b) Is ordered into active federal military duty as a member of
the National Guard or Naval Militia; or
   (c) Is inducted, enlists, enters or is otherwise ordered or called
into active duty as a member of the armed forces of the United
States.



395.03.  No more than the pay for a period of 30 calendar days shall
be allowed under the provisions of Section 395.01 or 395.02 for any
one military leave of absence or during any one fiscal year, except
as otherwise authorized by resolution of the legislative body of a
public agency or as provided in a memorandum of understanding reached
with an employee organization pursuant to Chapter 10 (commencing
with Section 3500) of Division 4 of Title 1 of the Government Code.



395.04.  During the time that as an officer or enlisted man or woman
of the California National Guard, who is on full-time active duty in
the military service of the state, and is engaged, with the approval
of the Adjutant General, in the military service of the state in
attendance at drills, camps, or special exercises, sponsored by
federal authority or by the United States Department of Defense, as a
member of the National Guard of the United States, he or she shall
receive salary, pay, and compensation as provided in Sections 320 and
321.


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.



395.06.  (a) Every officer and enlisted member of the California
National Guard who, in order to undertake active military duty in the
service of the state when the Governor has issued a proclamation of
a state of insurrection pursuant to Section 143, or a proclamation of
a state of extreme emergency or when the California National Guard
is on active duty pursuant to Section 146, or a service member called
to active service or duty under Chapter 7.5 (commencing with Section
400), has left a position, other than a temporary position, in
private employment, receives a certificate of satisfactory service in
the California National Guard or an equivalent thereof, is still
qualified to perform the duties of that position, and makes
application within 40 days after release from service shall be
considered as on leave of absence during that period and shall be
restored by the former employer to the former position or to a
position of similar seniority, status, and pay without loss of
retirement or other benefits, unless the employer's circumstances
have so changed as to make it impossible or unreasonable to do so,
and shall not be discharged from the position without cause within
one year after being restored to the position.
   (b) Every officer and enlisted member who has left a part-time
position in private employment for purposes of service pursuant to
subdivision (a), receives a certificate of satisfactory service in
the California National Guard or an equivalent thereof, is still
qualified to perform the duties of that position, and makes
application within five days after release from service shall be
considered as on leave of absence during that period and shall be
restored by the former employer to the former position, or to a
position of similar seniority, status, and pay, if any exists, and
shall not be discharged from the position without cause within one
year after being restored to the position.
   (c) If any employer fails or refuses to comply with this section,
the superior court of the county in which the employer maintains a
place of business may, upon the filing of a motion, petition, or
other appropriate pleading by the person entitled to the benefits of
this section, specifically require the employer to comply with this
section and compensate the person for any loss of wages or benefits
suffered by reason of the employer's unlawful action. The court shall
order a speedy hearing and shall advance it on the calendar. Upon
application to the district attorney of the county in which the
employer maintains a place of business by any person claiming to be
entitled to the benefits of this section, the district attorney, if
reasonably satisfied that the person is entitled to these benefits,
shall appear and act as attorney for the person in the amicable
adjustment of the claim or in the filing of any motion, petition, or
other appropriate pleading and the prosecution thereof to
specifically require the employer to comply with this section. No
fees or court costs are required to be paid by the person applying
for these benefits.
   (d) Upon application to the city prosecutor of the city in which
the employer maintains a place of business by any person claiming to
be entitled to the benefits of this section, the city prosecutor, if
reasonably satisfied that the person is entitled to these benefits,
may appear and act as attorney for the person in the amicable
adjustment of the claim or in the filing of any motion, petition, or
other appropriate pleading and the prosecution thereof to
specifically require the employer to comply with this section. No
fees or court costs are required to be paid by the person applying
for these benefits.



395.07.  (a) In addition to the benefits provided pursuant to
Sections 395.01 and 395.02, any officer or employee of the
legislative, executive, or judicial department of the state, 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 officer or 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 officer or employee would have
received as a state officer or employee, 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 395.02.
   (d) This section shall not apply to any active duty served
voluntarily after the close of the Iraq-Kuwait crisis.



395.08.  (a) In addition to the benefits provided pursuant to
Sections 395.01 and 395.02, any officer or employee of the
legislative, executive, or judicial department of the state, 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 officer or 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 officer or employee would have
received as a state officer or employee, 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 395.02.
   (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.



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.



395.2.  Any employee of a board of school trustees or board of
education in a position not requiring certification qualifications
who enters the active military service of the United States of
America or of the State of California, including active service in
any uniformed auxiliary of, or to, any branch of such military
service created or authorized as such auxiliary by the Congress of
the United States of America or by the Legislature of the State of
California, or in the full time paid service of the American Red
Cross, during any period of National emergency declared by the
President of the United States of America or during any war in which
the United States of America is engaged, shall regain all rights to
his position and shall be reinstated thereto upon his application at
any time within six months of the termination of that service, but in
any event within one year from the date of a treaty of peace
terminating the hostilities in which the United States is now
engaged. The provisions of this act shall apply to service in the
Merchant Marine as that phrase is now defined in any Federal statute
relating to reemployment rights of persons in service in the Merchant
Marine.


395.3.  In the event that any public officer or employee has
resigned or resigns his or her office or employment to serve or to
continue to serve in the Armed Forces of the United States or in the
militia of this state, he or she shall have a right to return to and
reenter the office or employment prior to the time at which his or
her term of office or his or her employment would have ended if he or
she had not resigned, on serving a written notice to that effect
upon the authorized appointing power, or if there is no authorized
appointing power, upon the officer or agency having power to fill a
vacancy in the office or employment, within six months of the
termination of his or her active service with the Armed Forces;
provided, that the right to return and reenter upon the office or
position shall not extend to or be granted to any public officer or
employee, 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.
   As used in this section, "public officers and employees" includes
all of the following:
   (a) Members of the Senate and of the Assembly.
   (b) Justices of the Supreme Court and the courts of appeal, judges
of the superior courts, and all other judicial officers.
   (c) All other state officers and employees not within Chapter 11
(commencing with Section 19770) of Part 2 of Division 5 of Title 2 of
the Government Code, including all officers for whose selection and
term of office provision is made in the California Constitution and
laws of this state.
   (d) All officers and employees of any county, city and county,
city, township, district, political subdivision, authority,
commission, board, or other public agency within this state.
   The right of reentry into public office or employment provided for
in this section shall include the right to be restored to the civil
service status as the officer or employee would have if he or she had
not so resigned; and no other person shall acquire civil service
status in the same position so as to deprive the officer or employee
of his or her right to restoration as provided for herein.
   This section shall be retroactively applied to extend the right of
reentry into public office or employment to public officers and
employees who resigned prior to its effective date.
   This section does not apply to any public officer or employee to
whom the right to reenter public office or employment after service
in the Armed Forces has been granted by any other provision of law.
   If any provision of this section, or the application of this
section to any person or circumstance, is held invalid, the remainder
of this section, or the application of this section to persons or
circumstances other than those as to which it is held invalid, shall
not be affected thereby.
   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 the
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.



395.4.  Whenever the United States is engaged in war or whenever the
Governor finds and proclaims that an emergency exists in preparing
for the National defense, any employee or officer, other than an
elected officer, of a county, city, political subdivision, school,
irrigation, public district, or other local authority or public body
whatsoever who enters the armed forces of the United States shall be
entitled to a leave of absence for service with such armed forces for
the duration of the war or until the Governor finds and proclaims
that the emergency no longer exists, and for 90 days thereafter, or
until 90 days after the termination of such service.



395.5.  (a) The Military Department shall comply with the provisions
of Section 4301 of Title 38 of the United States Code, the Uniformed
Services Employment and Reemployment Rights Act (USERRA).
   (b) For purposes of USERRA, Military Department personnel who are
on state active duty and are deployed, mobilized, or otherwise
subject to any federal active service under voluntary or involuntary
conditions, shall be considered employees and provided the same
federal reemployment protections and benefits given to other
employees under USERRA.


395.6.  (a) The Governor may appoint a mediator in his or her office
to take complaints, regarding possible violations or other issues
dealing with the Uniformed Service Employment and Reemployment Rights
Act (38 U.S.C. Sec. 4301 et seq.), hereafter USERRA, and Section
395.06, and to resolve and coordinate the resolution of those
complaints or issues, from state employees who satisfy both of the
following:
   (1) Are members of either of the following:
   (A) The California National Guard.
   (B) A reserve component of the Armed Forces of the United States.
   (2) Encounter problems regaining their state position when they
return from service in the California National Guard or from service
in a reserve component of the United States Armed Forces.
   (b) Each state agency and department may appoint a mediator to
take complaints, regarding possible violations of USERRA and other
issues relating to state pay, and to resolve and coordinate the
resolution of those complaints with, if necessary, the assistance of
the Governor-appointed ombudsman, from employees of that department
or agency who are members of either the California National Guard or
a reserve component of the Armed Forces of the United States.
   (c) Mediators appointed under the provisions of subdivisions (a)
and (b) shall become knowledgeable about USERRA law and, to the
extent possible, work with the California Committee for Employer
Support of the Guard and Reserve, a Department of Defense
organization, and the California National Guard.




395.8.  Any officer, elective or otherwise, who leaves or shall have
left the service of any city in order to enter upon active service
with the armed forces of the United States shall be reinstated and
restored to his office upon his discharge or release from such active
service with the armed forces; provided, such discharge or release
is prior to the expiration of the term for which he has been elected
or appointed.
   The rights created by this section shall have no application to
any officer who shall have been dishonorably discharged or released
from such armed forces, or shall have been so mentally or physically
disabled as to be incapable of performing the duties of his office or
shall fail to present himself to the legislative body or other
appointing authority of such city ready and willing to assume the
duties of his office, within six months from the time of his
discharge or release from active service with the armed forces.
   The office from which such officer absents himself to enter upon
active service with the armed forces shall not be considered to be
vacant but the legislative body or other appointing authority, as the
case may be, may appoint an officer to temporarily replace any such
officer so absenting himself to enter upon active service with the
armed forces. Such temporary officers shall have all of the powers
and duties of the office to which he may be temporarily appointed and
shall hold said office until the expiration of the term thereof or
until the officer returns from service with the armed forces,
whichever event first occurs.


395.9.  Any public employee and any employee of a corporation,
company, firm, or other person who is a member of the State Military
Reserve is entitled to a temporary military leave of absence without
pay while engaged in military duty for purposes of military training,
drills, unit training assemblies, or similar inactive duty training
for not to exceed 15 calendar days annually, including time involved
in going to and returning from that duty.



395.10.  (a) Notwithstanding any other provision of law, a qualified
employer shall allow a qualified employee to take up to 10 days of
unpaid leave during a qualified leave period.
   (b) For purposes of this section:
   (1) "Period of military conflict" means either of the following:
   (A) A period of war declared by the United States Congress.
   (B) A period of deployment for which a member of a reserve
component is ordered to active duty pursuant to either of the
following:
   (i) Sections 12301 and 12302 of Title 10 of the United States
Code.
   (ii) Title 32 of the United States Code.
   (2) "Qualified employee" means a person who satisfies all of the
following:
   (A) Is the spouse of a qualified member.
   (B) Performs service for hire for an employer for an average of 20
or more hours per week, but does not include an independent
contractor.
   (C) Provides the qualified employer with notice, within two
business days of receiving official notice that the qualified member
will be on leave from deployment, of his or her intention to take the
leave provided for in subdivision (a).
   (D) Submits written documentation to the qualified employer
certifying that the qualified member will be on leave from deployment
during the time the leave provided for in subdivision (a) is
requested.
   (3) "Qualified employer" includes any individual, corporation,
company, firm, state, city, county, city and county, municipal
corporation, district, public authority, or any other governmental
subdivision, that employs 25 or more employees.
   (4) "Qualified member" means a person who is any of the following:
   (A) A member of the Armed Forces of the United States who has been
deployed during a period of military conflict to an area designated
as a combat theater or combat zone by the President of the United
States.
   (B) A member of the National Guard who has been deployed during a
period of military conflict.
   (C) A member of the Reserves who has been deployed during a period
of military conflict.
   (5) "Qualified leave period" means the period during which the
qualified member is on leave from deployment during a period of
military conflict.
   (c) A qualified employer shall not retaliate against a qualified
employee for requesting or taking the leave provided for in this
section.
   (d) The leave provided for in this section shall not affect or
prevent a qualified employer from allowing a qualified employee to
take a leave that the qualified employee is otherwise entitled to
take.
   (e) This section shall not affect a qualified employee's rights
with respect to any other employee benefit provided for in other
laws.



396.  The commanding officer of any portion of the militia parading
or performing any military duty in any street or highway may require
persons in such street or highway to yield the right of way to such
militia, except that the carriage of the United States mail, the
legitimate functions of the police, and the progress and operations
of hospital ambulances, fire engines, and fire departments and
apparatus shall not be interfered with thereby.
   Any person who hinders, delays, or obstructs any portion of the
militia parading or performing any military duty, or who attempts so
to do, is guilty of a misdemeanor.



397.  When an emergency has been declared to exist by the Governor
and during the continuance thereof, any person belonging to the
military or naval forces of the State or of the United States shall,
together with his conveyance, personal baggage, and the military
property of the State or of the United States in his charge, be
allowed to pass free through all tollgates and over all toll bridges
and all ferries, if he presents an order for duty in the military or
naval service of the State or of the United States. The provisions of
this section do not apply to any tollgate, toll bridge or ferry
owned or operated by any private individual, corporation or utility,
or owned or operated by any municipal corporation or bridge and
highway district.



398.  Any person who trespasses upon any campground, armory,
airport, or other place devoted to military duty, or who in any way
or manner interrupts or molests the orderly discharge of military
duty, or who disturbs or prevents the passage of troops going to or
returning from any duty is guilty of a misdemeanor and may be placed
under arrest by or at the direction of the commanding officer of the
troops or of the place concerned. The Adjutant General may cause any
place to be declared "off limits" to members of the National Guard if
necessary to protect the health, safety, morals or general welfare
of such members during such times as the National Guard may be on
active duty or in attendance at an encampment, maneuvers or extended
exercise.



399.  (a) (1) The Secretary of the California Department of Veterans
Affairs, or his or her designees, shall assist any eligible member
or veteran who returns or has returned to this state in obtaining a
best practice health screening test for exposure to depleted uranium.
The screening should consist of a bioassay procedure capable of
detecting depleted uranium at low levels and discriminating between
different uranium isotopes. State funds shall not be used to pay for
the tests or any other federal treatment services.
   (2) The eligible member or veteran must return or have returned to
this state after service in an area where depleted uranium was used
or that was designated as a combat zone by the President of the
United States after 1990. The eligible member or veteran shall either
be assigned a risk level I, II, or III for depleted uranium exposure
by his or her branch of service, be referred by a military
physician, or have reason to believe that he or she was exposed to
depleted uranium during his or her service.
   (b) (1) In order to effectively provide the assistance required by
subdivision (a), the Secretary of the California Department of
Veterans Affairs, or his or her designees, shall develop and
implement a plan for outreach to eligible members and veterans who
have returned from combat areas where depleted uranium was used.
   (2) The outreach plan shall provide information to eligible
members and veterans concerning their potential exposure to depleted
uranium, the possible hazards associated with exposure, and the right
to federal depleted uranium screening services.
   (c) For purposes of this section, all of the following apply:
   (1) "Eligible member" means a member who served in the Persian
Gulf War, as defined in Section 101 of Title 38 of the United States
Code, in an area designated as a combat zone by the President of
United States during Operation Enduring Freedom or Operation Iraqi
Freedom, or in any other combat theater where depleted uranium was
used.
   (2) "Member" or "member of the Armed Forces" means a member of the
Armed Forces of the United States, including the California National
Guard, who is a resident of this state.
   (3) "Military physician" means a provider who is under contract
with the United States Department of Defense to provide physician
services to members of the Armed Forces.



399.5.  (a) (1) The Secretary of the California Department of
Veterans Affairs, or his or her designees, shall assist any eligible
member or veteran who returns or has returned to this state in
obtaining an appropriate health screening test for traumatic brain
injury and post-traumatic stress disorder.
   (2) The eligible member or veteran must return or have returned to
this state after service.
   (b) (1) In order to effectively provide the assistance required by
subdivision (a), the Secretary of the California Department of
Veterans Affairs, or his or her designees, shall develop and
implement a plan for outreach to eligible members and veterans who
have returned from combat. The Adjutant General, or his or her
designee, shall also develop and implement a plan for outreach to
eligible members of the California National Guard who have returned
from combat and remain on duty in order to effectively provide the
service required by subdivision (a).
   (2) Each outreach plan shall provide information to eligible
members and veterans concerning traumatic brain injury and
post-traumatic stress disorder, the possible impacts associated with
traumatic brain injury and post-traumatic stress disorder, and the
right to screening services.
   (c) For purposes of this section, both of the following apply:
   (1) "Eligible member" means a member who served under Title 10 of
the United States Code as designated by Executive Orders Nos. 12744
and 13239 of the President of the United States.
   (2) "Member" or "member of the Armed Forces" means a member of the
Armed Forces of the United States, including the California National
Guard, who is a resident of this state.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Mvc > 389-399.5

MILITARY AND VETERANS CODE
SECTION 389-399.5



389.  (a) As used in this chapter, "temporary military leave of
absence" means a leave of absence from public employment to engage in
ordered military duty for a period which by the order is not to
exceed 180 calendar days including travel time for purposes of active
military training, encampment, naval cruises, special exercises or
like activity as a member of the reserve corps or force of the armed
forces of the United States, or the National Guard, or the Naval
Militia.
   (b) "Public employee" means any officer or employee of a public
agency, except for those officers or employees of the state subject
to the provisions of Chapter 11 (commencing with Section 19770) of
Part 2 of Division 5 of Title 2 of the Government Code.
   (c) "Public agency" means the state, or any county, city and
county, city, municipal corporation, school district, irrigation
district, water district, or other district.
   (d) "Armed forces" or "armed forces of the United States" means
the "armed forces" as defined in Section 18540 of the Government
Code.
   (e) "Recognized military service" means service as defined in
Section 18540.3 of the Government Code.



390.  No person belonging to or on duty with the active militia of
the state, or engaged in the performance of military duty on call of
the Governor or in pursuance of an order of the President of the
United States shall be arrested on any civil process while going to,
remaining at, or returning from any place at which he may be required
to attend for military duty.



391.  Every member of the active militia shall be exempt from road
tax and head tax of every description, from jury duty (including
service on coroners' juries) except that members of the National
Guard who are not on active duty shall not be exempt from jury duty
in any noncriminal proceeding, and from service on any posse
comitatus, if the member furnishes the certificate of his or her
immediate commanding officer that the member has performed the duties
required of him or her for the year immediately preceding a summons
to act as juror or during the period of the member's service if less
than one year.


392.  Members of the militia in the active service of the State
shall not be liable civilly or criminally for any act or acts done by
them in the performance of their duty.



393.  (a) In an action or proceeding of any nature commenced in any
court against an active member of the militia or a member of the
militia in active service in pursuance of an order of the President
of the United States as a result of a state emergency for an act done
by such member in an official capacity in the discharge of duty, or
an alleged omission to do an act which it was the member's duty to
perform, or against any person acting under the authority or order of
an officer or by virtue of a warrant issued by an officer pursuant
to law:
   (1) The defendant in all cases may make a general denial and give
special matter in evidence.
   (2) A defendant in whose favor a final judgment is rendered in any
such action or proceeding shall recover treble costs.
   (b) The Attorney General shall defend such active member or person
where the action or proceeding is civil. The senior judge advocate
on the state staff or one of the judge advocates shall defend such
active member or person where the action or proceeding is criminal,
and the Adjutant General shall designate the senior judge advocate on
the state staff, or one of the judge advocates, to defend such
active member or person.
   (c) In the event such active member or person is not indemnified
by the federal government, Section 825 of the Government Code shall
apply to such active member or person.



394.  (a) No person shall discriminate against any officer, warrant
officer or enlisted member of the military or naval forces of the
state or of the United States because of that membership. No member
of the military forces shall be prejudiced or injured by any person,
employer, or officer or agent of any corporation, company, or firm
with respect to that member's employment, position or status or be
denied or disqualified for employment by virtue of membership or
service in the military forces of this state or of the United States.
   (b) No officer or employee of the state, or of any county, city
and county, municipal corporation, or district shall discriminate
against any officer, warrant officer or enlisted member of the
military or naval forces of the state or of the United States because
of that membership. No member of the military forces shall be
prejudiced or injured by any officer or employee of the state, or of
any county, city and county, municipal corporation, or district with
respect to that member's employment, appointment, position or status
or be denied or disqualified for or discharged from that employment
or position by virtue of membership or service in the military forces
of this state or of the United States.
   (c) No person shall prohibit or refuse entrance to any officer or
enlisted member of the Army or Navy of the United States or of the
military or naval forces of this state into any public entertainment
or place of amusement or into any of the places described in Sections
51 and 52 of the Civil Code because that member wears the uniform of
the organization to which he or she belongs.
   (d) No employer or officer or agent of any corporation, company,
or firm, or other person, shall discharge any person from employment
because of the performance of any ordered military duty or training
or by reason of being an officer, warrant officer, or enlisted member
of the military or naval forces of this state, or hinder or prevent
that person from performing any military service or from attending
any military encampment or place of drill or instruction he or she
may be called upon to perform or attend by proper authority;
prejudice or harm him or her in any manner in his or her employment,
position, or status by reason of performance of military service or
duty or attendance at military encampments or places of drill or
instruction; or dissuade, prevent, or stop any person from enlistment
or accepting a warrant or commission in the California National
Guard or Naval Militia by threat or injury to him or her in respect
to his or her employment, position, status, trade, or business
because of enlistment or acceptance of a warrant or commission.
   (e) (1) No private employer or officer or agent of any
corporation, company, or firm, or other person, shall restrict or
terminate any collateral benefit for employees by reason of an
employee's temporary incapacitation incident to duty in the National
Guard or Naval Militia. As used in this subdivision, "temporary
incapacitation" means any period of incapacitation of 52 weeks or
less.
   (2) As used in this subdivision, "benefit" includes, but is not
limited to, health care which may be continued at the employee's
expense, life insurance, disability insurance, and seniority status.
   (f) No person who provides lending or financing shall discriminate
against any person with respect to the terms of a loan or financing,
including, but not limited to, the finance charge, based on that
person's membership in the military or naval forces of this state or
of the United States. With respect to any loan or credit transaction
covered by Section 670 of Public Law 109-364 and Section 232 of Title
32 of the Code of Federal Regulations, as published on August 31,
2007, in Volume 72 of the Federal Register, a person that does not
market or extend those transactions to covered borrowers shall not be
in violation of this section. For purposes of this section, a
covered borrower has the same meaning as provided for in Section 232
of Title 32 of the Code of Federal Regulations, as published on
August 31, 2007, in Volume 72 of the Federal Register.
   (g) Any person violating this section is guilty of a misdemeanor.
In addition, any person violating any of the provisions of this
section shall be liable for actual damages and reasonable attorney's
fees incurred by the injured party.
   (h) The remedies provided for in this section are not intended to
be exclusive but are in addition to the remedies provided for in
other laws, including Sections 51 and 52 of the Civil Code.



394.5.  Any employee of any corporation, company, or firm, or other
person, who is a member of the reserve corps of the armed forces of
the United States or of the National Guard or the Naval Militia shall
be entitled to a temporary leave of absence without pay while
engaged in military duty ordered for purposes of military training,
drills, encampment, naval cruises, special exercises or like activity
as such member, providing that the period of ordered duty does not
exceed 17 calendar days annually including time involved in going to
and returning from such duty.



395.  (a) Any public employee who is a member of the reserve corps
of the Armed Forces of the United States or of the National Guard or
the Naval Militia is entitled to a temporary military leave of
absence as provided by federal law while engaged in military duty
ordered for purposes of active military training, inactive duty
training, encampment, naval cruises, special exercises or like
activity, providing that the period of ordered duty does not exceed
180 calendar days, including time involved in going to and returning
from that duty.
   (b) Notwithstanding subdivision (a), a local public agency may,
but is not required to, provide paid military leave of absence for
periods of inactive duty training.
   (c) The employee has an absolute right to be restored to the
former office or position and status formerly had by him or her in
the same locality and in the same office, board, commission, agency,
or institution of the public agency upon the termination of temporary
military duty. 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 to a position of like seniority, status, and pay
if a position exists, or if no position exists the employee shall
have the same rights and privileges that he or she would have had if
he or she had occupied the position when it ceased to exist and had
not taken temporary military leave of absence.
   (d) Any public employee who has been in the service of the public
agency from which the leave is taken for a period of not less than
one year immediately prior to the date upon which a temporary
military leave of absence begins, shall receive the same vacation,
sick leave, and holiday privileges and the same rights and privileges
to promotion, continuance in office, employment, reappointment to
office, or reemployment that the employee would have enjoyed had he
or she not been absent therefrom; excepting that an uncompleted
probationary period, if any, in the public agency, must be completed
upon reinstatement as provided by law or rule of the agency. For the
purposes of this section, in determining the one year of service in a
public agency all service of the employee in recognized military
service shall be counted as public agency service.
   (e) If this section is in conflict with 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 the memorandum of understanding
requires the expenditure of funds, it shall not become effective
unless approved by the Legislature in the annual Budget Act.




395.01.  (a) Any public employee who is on temporary military leave
of absence for military duty ordered for purposes of active military
training, inactive duty training, encampment, naval cruises, special
exercises, or like activity as such member, provided that the period
of ordered duty does not exceed 180 calendar days including time
involved in going to and returning from the duty, and who has been in
the service of the public agency from which the leave is taken for a
period of not less than one year immediately prior to the day on
which the absence begins, is entitled to receive his or her salary or
compensation as a public employee for the first 30 calendar days of
any such absence. Pay for those purposes may not exceed 30 days in
any one fiscal year. For the purposes of this section, in determining
the one year of public agency service, all service of a public
employee in the recognized military service shall be counted as
public agency service.
   (b) Notwithstanding subdivision (a), a local public agency may,
but is not required to, pay an employee during a period of inactive
duty training.
   (c) 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 those
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.



395.02.  Every officer and employee of a public agency who is on
military leave other than temporary military leave of absence who has
been in the service of such public agency for a period of not less
than one year immediately prior to the date on which the absence
begins shall be entitled to receive his salary or compensation as
such officer or employee for the first 30 calendar days while engaged
in the performance of ordered military duty.
   As used in this section only, the terms "officer" and "employee"
mean an officer or employee who
   (a) Is ordered into active military duty as a member of a reserve
component of the armed forces of the United States;
   (b) Is ordered into active federal military duty as a member of
the National Guard or Naval Militia; or
   (c) Is inducted, enlists, enters or is otherwise ordered or called
into active duty as a member of the armed forces of the United
States.



395.03.  No more than the pay for a period of 30 calendar days shall
be allowed under the provisions of Section 395.01 or 395.02 for any
one military leave of absence or during any one fiscal year, except
as otherwise authorized by resolution of the legislative body of a
public agency or as provided in a memorandum of understanding reached
with an employee organization pursuant to Chapter 10 (commencing
with Section 3500) of Division 4 of Title 1 of the Government Code.



395.04.  During the time that as an officer or enlisted man or woman
of the California National Guard, who is on full-time active duty in
the military service of the state, and is engaged, with the approval
of the Adjutant General, in the military service of the state in
attendance at drills, camps, or special exercises, sponsored by
federal authority or by the United States Department of Defense, as a
member of the National Guard of the United States, he or she shall
receive salary, pay, and compensation as provided in Sections 320 and
321.


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.



395.06.  (a) Every officer and enlisted member of the California
National Guard who, in order to undertake active military duty in the
service of the state when the Governor has issued a proclamation of
a state of insurrection pursuant to Section 143, or a proclamation of
a state of extreme emergency or when the California National Guard
is on active duty pursuant to Section 146, or a service member called
to active service or duty under Chapter 7.5 (commencing with Section
400), has left a position, other than a temporary position, in
private employment, receives a certificate of satisfactory service in
the California National Guard or an equivalent thereof, is still
qualified to perform the duties of that position, and makes
application within 40 days after release from service shall be
considered as on leave of absence during that period and shall be
restored by the former employer to the former position or to a
position of similar seniority, status, and pay without loss of
retirement or other benefits, unless the employer's circumstances
have so changed as to make it impossible or unreasonable to do so,
and shall not be discharged from the position without cause within
one year after being restored to the position.
   (b) Every officer and enlisted member who has left a part-time
position in private employment for purposes of service pursuant to
subdivision (a), receives a certificate of satisfactory service in
the California National Guard or an equivalent thereof, is still
qualified to perform the duties of that position, and makes
application within five days after release from service shall be
considered as on leave of absence during that period and shall be
restored by the former employer to the former position, or to a
position of similar seniority, status, and pay, if any exists, and
shall not be discharged from the position without cause within one
year after being restored to the position.
   (c) If any employer fails or refuses to comply with this section,
the superior court of the county in which the employer maintains a
place of business may, upon the filing of a motion, petition, or
other appropriate pleading by the person entitled to the benefits of
this section, specifically require the employer to comply with this
section and compensate the person for any loss of wages or benefits
suffered by reason of the employer's unlawful action. The court shall
order a speedy hearing and shall advance it on the calendar. Upon
application to the district attorney of the county in which the
employer maintains a place of business by any person claiming to be
entitled to the benefits of this section, the district attorney, if
reasonably satisfied that the person is entitled to these benefits,
shall appear and act as attorney for the person in the amicable
adjustment of the claim or in the filing of any motion, petition, or
other appropriate pleading and the prosecution thereof to
specifically require the employer to comply with this section. No
fees or court costs are required to be paid by the person applying
for these benefits.
   (d) Upon application to the city prosecutor of the city in which
the employer maintains a place of business by any person claiming to
be entitled to the benefits of this section, the city prosecutor, if
reasonably satisfied that the person is entitled to these benefits,
may appear and act as attorney for the person in the amicable
adjustment of the claim or in the filing of any motion, petition, or
other appropriate pleading and the prosecution thereof to
specifically require the employer to comply with this section. No
fees or court costs are required to be paid by the person applying
for these benefits.



395.07.  (a) In addition to the benefits provided pursuant to
Sections 395.01 and 395.02, any officer or employee of the
legislative, executive, or judicial department of the state, 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 officer or 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 officer or employee would have
received as a state officer or employee, 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 395.02.
   (d) This section shall not apply to any active duty served
voluntarily after the close of the Iraq-Kuwait crisis.



395.08.  (a) In addition to the benefits provided pursuant to
Sections 395.01 and 395.02, any officer or employee of the
legislative, executive, or judicial department of the state, 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 officer or 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 officer or employee would have
received as a state officer or employee, 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 395.02.
   (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.



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.



395.2.  Any employee of a board of school trustees or board of
education in a position not requiring certification qualifications
who enters the active military service of the United States of
America or of the State of California, including active service in
any uniformed auxiliary of, or to, any branch of such military
service created or authorized as such auxiliary by the Congress of
the United States of America or by the Legislature of the State of
California, or in the full time paid service of the American Red
Cross, during any period of National emergency declared by the
President of the United States of America or during any war in which
the United States of America is engaged, shall regain all rights to
his position and shall be reinstated thereto upon his application at
any time within six months of the termination of that service, but in
any event within one year from the date of a treaty of peace
terminating the hostilities in which the United States is now
engaged. The provisions of this act shall apply to service in the
Merchant Marine as that phrase is now defined in any Federal statute
relating to reemployment rights of persons in service in the Merchant
Marine.


395.3.  In the event that any public officer or employee has
resigned or resigns his or her office or employment to serve or to
continue to serve in the Armed Forces of the United States or in the
militia of this state, he or she shall have a right to return to and
reenter the office or employment prior to the time at which his or
her term of office or his or her employment would have ended if he or
she had not resigned, on serving a written notice to that effect
upon the authorized appointing power, or if there is no authorized
appointing power, upon the officer or agency having power to fill a
vacancy in the office or employment, within six months of the
termination of his or her active service with the Armed Forces;
provided, that the right to return and reenter upon the office or
position shall not extend to or be granted to any public officer or
employee, 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.
   As used in this section, "public officers and employees" includes
all of the following:
   (a) Members of the Senate and of the Assembly.
   (b) Justices of the Supreme Court and the courts of appeal, judges
of the superior courts, and all other judicial officers.
   (c) All other state officers and employees not within Chapter 11
(commencing with Section 19770) of Part 2 of Division 5 of Title 2 of
the Government Code, including all officers for whose selection and
term of office provision is made in the California Constitution and
laws of this state.
   (d) All officers and employees of any county, city and county,
city, township, district, political subdivision, authority,
commission, board, or other public agency within this state.
   The right of reentry into public office or employment provided for
in this section shall include the right to be restored to the civil
service status as the officer or employee would have if he or she had
not so resigned; and no other person shall acquire civil service
status in the same position so as to deprive the officer or employee
of his or her right to restoration as provided for herein.
   This section shall be retroactively applied to extend the right of
reentry into public office or employment to public officers and
employees who resigned prior to its effective date.
   This section does not apply to any public officer or employee to
whom the right to reenter public office or employment after service
in the Armed Forces has been granted by any other provision of law.
   If any provision of this section, or the application of this
section to any person or circumstance, is held invalid, the remainder
of this section, or the application of this section to persons or
circumstances other than those as to which it is held invalid, shall
not be affected thereby.
   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 the
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.



395.4.  Whenever the United States is engaged in war or whenever the
Governor finds and proclaims that an emergency exists in preparing
for the National defense, any employee or officer, other than an
elected officer, of a county, city, political subdivision, school,
irrigation, public district, or other local authority or public body
whatsoever who enters the armed forces of the United States shall be
entitled to a leave of absence for service with such armed forces for
the duration of the war or until the Governor finds and proclaims
that the emergency no longer exists, and for 90 days thereafter, or
until 90 days after the termination of such service.



395.5.  (a) The Military Department shall comply with the provisions
of Section 4301 of Title 38 of the United States Code, the Uniformed
Services Employment and Reemployment Rights Act (USERRA).
   (b) For purposes of USERRA, Military Department personnel who are
on state active duty and are deployed, mobilized, or otherwise
subject to any federal active service under voluntary or involuntary
conditions, shall be considered employees and provided the same
federal reemployment protections and benefits given to other
employees under USERRA.


395.6.  (a) The Governor may appoint a mediator in his or her office
to take complaints, regarding possible violations or other issues
dealing with the Uniformed Service Employment and Reemployment Rights
Act (38 U.S.C. Sec. 4301 et seq.), hereafter USERRA, and Section
395.06, and to resolve and coordinate the resolution of those
complaints or issues, from state employees who satisfy both of the
following:
   (1) Are members of either of the following:
   (A) The California National Guard.
   (B) A reserve component of the Armed Forces of the United States.
   (2) Encounter problems regaining their state position when they
return from service in the California National Guard or from service
in a reserve component of the United States Armed Forces.
   (b) Each state agency and department may appoint a mediator to
take complaints, regarding possible violations of USERRA and other
issues relating to state pay, and to resolve and coordinate the
resolution of those complaints with, if necessary, the assistance of
the Governor-appointed ombudsman, from employees of that department
or agency who are members of either the California National Guard or
a reserve component of the Armed Forces of the United States.
   (c) Mediators appointed under the provisions of subdivisions (a)
and (b) shall become knowledgeable about USERRA law and, to the
extent possible, work with the California Committee for Employer
Support of the Guard and Reserve, a Department of Defense
organization, and the California National Guard.




395.8.  Any officer, elective or otherwise, who leaves or shall have
left the service of any city in order to enter upon active service
with the armed forces of the United States shall be reinstated and
restored to his office upon his discharge or release from such active
service with the armed forces; provided, such discharge or release
is prior to the expiration of the term for which he has been elected
or appointed.
   The rights created by this section shall have no application to
any officer who shall have been dishonorably discharged or released
from such armed forces, or shall have been so mentally or physically
disabled as to be incapable of performing the duties of his office or
shall fail to present himself to the legislative body or other
appointing authority of such city ready and willing to assume the
duties of his office, within six months from the time of his
discharge or release from active service with the armed forces.
   The office from which such officer absents himself to enter upon
active service with the armed forces shall not be considered to be
vacant but the legislative body or other appointing authority, as the
case may be, may appoint an officer to temporarily replace any such
officer so absenting himself to enter upon active service with the
armed forces. Such temporary officers shall have all of the powers
and duties of the office to which he may be temporarily appointed and
shall hold said office until the expiration of the term thereof or
until the officer returns from service with the armed forces,
whichever event first occurs.


395.9.  Any public employee and any employee of a corporation,
company, firm, or other person who is a member of the State Military
Reserve is entitled to a temporary military leave of absence without
pay while engaged in military duty for purposes of military training,
drills, unit training assemblies, or similar inactive duty training
for not to exceed 15 calendar days annually, including time involved
in going to and returning from that duty.



395.10.  (a) Notwithstanding any other provision of law, a qualified
employer shall allow a qualified employee to take up to 10 days of
unpaid leave during a qualified leave period.
   (b) For purposes of this section:
   (1) "Period of military conflict" means either of the following:
   (A) A period of war declared by the United States Congress.
   (B) A period of deployment for which a member of a reserve
component is ordered to active duty pursuant to either of the
following:
   (i) Sections 12301 and 12302 of Title 10 of the United States
Code.
   (ii) Title 32 of the United States Code.
   (2) "Qualified employee" means a person who satisfies all of the
following:
   (A) Is the spouse of a qualified member.
   (B) Performs service for hire for an employer for an average of 20
or more hours per week, but does not include an independent
contractor.
   (C) Provides the qualified employer with notice, within two
business days of receiving official notice that the qualified member
will be on leave from deployment, of his or her intention to take the
leave provided for in subdivision (a).
   (D) Submits written documentation to the qualified employer
certifying that the qualified member will be on leave from deployment
during the time the leave provided for in subdivision (a) is
requested.
   (3) "Qualified employer" includes any individual, corporation,
company, firm, state, city, county, city and county, municipal
corporation, district, public authority, or any other governmental
subdivision, that employs 25 or more employees.
   (4) "Qualified member" means a person who is any of the following:
   (A) A member of the Armed Forces of the United States who has been
deployed during a period of military conflict to an area designated
as a combat theater or combat zone by the President of the United
States.
   (B) A member of the National Guard who has been deployed during a
period of military conflict.
   (C) A member of the Reserves who has been deployed during a period
of military conflict.
   (5) "Qualified leave period" means the period during which the
qualified member is on leave from deployment during a period of
military conflict.
   (c) A qualified employer shall not retaliate against a qualified
employee for requesting or taking the leave provided for in this
section.
   (d) The leave provided for in this section shall not affect or
prevent a qualified employer from allowing a qualified employee to
take a leave that the qualified employee is otherwise entitled to
take.
   (e) This section shall not affect a qualified employee's rights
with respect to any other employee benefit provided for in other
laws.



396.  The commanding officer of any portion of the militia parading
or performing any military duty in any street or highway may require
persons in such street or highway to yield the right of way to such
militia, except that the carriage of the United States mail, the
legitimate functions of the police, and the progress and operations
of hospital ambulances, fire engines, and fire departments and
apparatus shall not be interfered with thereby.
   Any person who hinders, delays, or obstructs any portion of the
militia parading or performing any military duty, or who attempts so
to do, is guilty of a misdemeanor.



397.  When an emergency has been declared to exist by the Governor
and during the continuance thereof, any person belonging to the
military or naval forces of the State or of the United States shall,
together with his conveyance, personal baggage, and the military
property of the State or of the United States in his charge, be
allowed to pass free through all tollgates and over all toll bridges
and all ferries, if he presents an order for duty in the military or
naval service of the State or of the United States. The provisions of
this section do not apply to any tollgate, toll bridge or ferry
owned or operated by any private individual, corporation or utility,
or owned or operated by any municipal corporation or bridge and
highway district.



398.  Any person who trespasses upon any campground, armory,
airport, or other place devoted to military duty, or who in any way
or manner interrupts or molests the orderly discharge of military
duty, or who disturbs or prevents the passage of troops going to or
returning from any duty is guilty of a misdemeanor and may be placed
under arrest by or at the direction of the commanding officer of the
troops or of the place concerned. The Adjutant General may cause any
place to be declared "off limits" to members of the National Guard if
necessary to protect the health, safety, morals or general welfare
of such members during such times as the National Guard may be on
active duty or in attendance at an encampment, maneuvers or extended
exercise.



399.  (a) (1) The Secretary of the California Department of Veterans
Affairs, or his or her designees, shall assist any eligible member
or veteran who returns or has returned to this state in obtaining a
best practice health screening test for exposure to depleted uranium.
The screening should consist of a bioassay procedure capable of
detecting depleted uranium at low levels and discriminating between
different uranium isotopes. State funds shall not be used to pay for
the tests or any other federal treatment services.
   (2) The eligible member or veteran must return or have returned to
this state after service in an area where depleted uranium was used
or that was designated as a combat zone by the President of the
United States after 1990. The eligible member or veteran shall either
be assigned a risk level I, II, or III for depleted uranium exposure
by his or her branch of service, be referred by a military
physician, or have reason to believe that he or she was exposed to
depleted uranium during his or her service.
   (b) (1) In order to effectively provide the assistance required by
subdivision (a), the Secretary of the California Department of
Veterans Affairs, or his or her designees, shall develop and
implement a plan for outreach to eligible members and veterans who
have returned from combat areas where depleted uranium was used.
   (2) The outreach plan shall provide information to eligible
members and veterans concerning their potential exposure to depleted
uranium, the possible hazards associated with exposure, and the right
to federal depleted uranium screening services.
   (c) For purposes of this section, all of the following apply:
   (1) "Eligible member" means a member who served in the Persian
Gulf War, as defined in Section 101 of Title 38 of the United States
Code, in an area designated as a combat zone by the President of
United States during Operation Enduring Freedom or Operation Iraqi
Freedom, or in any other combat theater where depleted uranium was
used.
   (2) "Member" or "member of the Armed Forces" means a member of the
Armed Forces of the United States, including the California National
Guard, who is a resident of this state.
   (3) "Military physician" means a provider who is under contract
with the United States Department of Defense to provide physician
services to members of the Armed Forces.



399.5.  (a) (1) The Secretary of the California Department of
Veterans Affairs, or his or her designees, shall assist any eligible
member or veteran who returns or has returned to this state in
obtaining an appropriate health screening test for traumatic brain
injury and post-traumatic stress disorder.
   (2) The eligible member or veteran must return or have returned to
this state after service.
   (b) (1) In order to effectively provide the assistance required by
subdivision (a), the Secretary of the California Department of
Veterans Affairs, or his or her designees, shall develop and
implement a plan for outreach to eligible members and veterans who
have returned from combat. The Adjutant General, or his or her
designee, shall also develop and implement a plan for outreach to
eligible members of the California National Guard who have returned
from combat and remain on duty in order to effectively provide the
service required by subdivision (a).
   (2) Each outreach plan shall provide information to eligible
members and veterans concerning traumatic brain injury and
post-traumatic stress disorder, the possible impacts associated with
traumatic brain injury and post-traumatic stress disorder, and the
right to screening services.
   (c) For purposes of this section, both of the following apply:
   (1) "Eligible member" means a member who served under Title 10 of
the United States Code as designated by Executive Orders Nos. 12744
and 13239 of the President of the United States.
   (2) "Member" or "member of the Armed Forces" means a member of the
Armed Forces of the United States, including the California National
Guard, who is a resident of this state.