AB 64, as introduced, Chávez. State employees: reinstatement after military service.
The State Civil Service Act requires the reinstatement of a permanent, probationary, or exempt employee who returns from active duty military service to his or her former position, as specified. Under existing law, reinstatement to an employee’s former exempt position reestablishes the employee’s tenure and civil service reinstatement rights, if any, as they existed immediately prior to his or her military leave.
This bill would additionally require that a reinstated civil service employee who returns from active military service and who is paid hourly to be given the same shift and number of hours worked per week as he or she worked immediately prior to going on military leave.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 19780 of the Government Code is
2amended to read:
begin deleteExcept as provided in Section 19781, a end deletebegin insertA end insertpermanent,
4probationary, or exempt employee who begins active duty within
P2 190 calendar days from the effective date of his or her long-term
2military leave or within 10 calendar days from the effective date
3of his or her short-term or emergency military leave and who
4returns to state service within six months after termination of
5military service under his or her long-term military leave or within
610 days after termination of military service under his or her
7short-term or emergency military leave shall be reinstated to his
8or her former position.begin insert
Reinstatement under this section of an
9employee who is paid hourly requires that the employee be given
10the same shift and number of hours worked per week as the
11employee had immediately prior to going on military leave.end insert
12 Reinstatement to an employee’s former exempt position under this
13section or Section 19783 shall reestablish the employee’s tenure
14and civil service reinstatement rights, if any, as they existed
15immediately prior to his or her military leave pursuant to this
16section or resignation pursuant to Section 19783. For the purpose
17of this section any period of rehabilitation afforded by the United
18States or the state following active duty shall be considered as
19military service and termination of the state military emergency
20by the Governor shall be considered termination of military service.
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