Document Citation: Cal Mil & Vet Code § 395.05

Header:

CALIFORNIA CODE ANNOTATED
MILITARY AND VETERANS CODE
Division 2. The Military Forces of the State
Part 1. The State Militia
Chapter 7. Privileges and Penalties

Date:
08/31/2009

Document:
Cal Mil & Vet Code § 395.05 (2010)

§ 395.05. Public employee on military or naval duty as member of National Guard during state of extreme emergency, etc.; Right to be absent from duties without regard to length of public service; Right to salary, etc., not exceeding 30 days; Right to same vacation and holiday privileges, promotion, etc.

(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.