BILL NUMBER: AB 583 CHAPTERED
BILL TEXT
CHAPTER 183
FILED WITH SECRETARY OF STATE AUGUST 12, 2015
APPROVED BY GOVERNOR AUGUST 12, 2015
PASSED THE SENATE JULY 6, 2015
PASSED THE ASSEMBLY MAY 7, 2015
AMENDED IN ASSEMBLY APRIL 15, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Chávez
FEBRUARY 24, 2015
An act to amend Section 395.06 of the Military and Veterans Code,
relating to military service.
LEGISLATIVE COUNSEL'S DIGEST
AB 583, Chávez. Military service: employment protections.
Existing law provides protections for members of the National
Guard ordered into active state service by the Governor or active
federal service by the President of the United States for emergency
purposes, and for reservists called to active duty, as specified.
Existing law provides protections for these persons during their
period of military service with respect to their private employment
rights upon return from service, and requires the district attorney
of the county in which an employer maintains a place of business to
act as an attorney on behalf of a service member in any action, as
specified, against an employer who fails or refuses to comply with
those provisions, if the district attorney is reasonably satisfied
that the person is entitled to these benefits.
This bill would reorganize these provisions, and would extend
these protections to members of the National Guard of other states
who are called to military service by their respective Governors or
by the President of the United States, and who have left a position
in private employment in California. Because this bill would expand
the duties of district attorneys, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 395.06 of the Military and Veterans Code is
amended to read:
395.06. (a) A private employer shall consider a former employee
who meets the requirements of subdivision (b) as having been on a
leave of absence during any period of the former employee's active
service in the National Guard of any state, and is subject to both of
the following:
(1) If the former position was a full-time position, and not a
temporary position, the former employer shall restore the former
employee 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 discharge
the former employee from the position without cause within one year
after restoring him or her to the position.
(2) If the position was a part-time position, and not a temporary
position, the former employer shall restore the former employee to
the former position, or to a position of similar seniority, status,
and pay, if any exists, and shall not discharge the former employee
from the position without cause within one year after restoring him
or her to the position.
(b) To be eligible for the employment protections specified in
paragraph (1), the former employee shall meet all of the following
requirements:
(1) He or she is an officer or enlisted member of the National
Guard of any state.
(2) He or she was called to active duty by the Governor of the
state where he or she serves in the National Guard or by the
President of the United States.
(3) He or she received a certificate of satisfactory service in
the National Guard of the state where he or she serves in the
National Guard.
(4) He or she is still qualified to perform the duties of the
position.
(5) If he or she left a full-time position, he or she made
application for reemployment within 40 days of being released from
service. If he or she left part-time employment, he or she made
application for reemployment within five days of being released from
service.
(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.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.