BILL ANALYSIS Ó
AB 583
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Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Jacqui Irwin, Chair
AB 583
(Chávez) - As Amended March 26, 2015
SUBJECT: Military service: employment protections
SUMMARY: Extends employment protections to members of the
National Guard of any state 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. Specifically, this bill:
1)Requires private employers in California, with respect to
members of the National Guard of any state called to active
service to do the following:
a) Consider the employee as having been on a leave of
absence during the period of the employee's active service,
b) 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
c) Not discharge the employee from his or her position
without cause within one year after being restored to the
position.
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2)Clarifies that in order to be eligible for these protections,
the employee must meet all of the following criteria:
a) Have been called to active duty by the Governor of the
state where the employee serves in the National Guard or by
the President of the United States,
b) Not have been employed in a part time or temporary
position,
c) Have received a certificate of satisfactory service in
the National Guard of the state where the employee serves
in the National Guard,
d) Still be qualified to perform the duties of the
position, and
e) Make application for reemployment within 40 days after
release from service.
3) In the case of an employee who held a part-time position,
that employee shall be eligible for the same protections if
the employee meets all of the following criteria and if the
former position, or a position of similar seniority, status,
and pay exists. The employee must:
a) Have been called to active duty by the Governor of the
state where the employee serves in the National Guard or by
the President of the United States,
b) Have received a certificate of satisfactory service in
the National Guard of the state where the employee serves
in the National Guard,
c) Still be qualified to perform the duties of the
position, and
d) Make application for reemployment within five days after
release from service.
EXISTING LAW:
Section 395.06 of the Military and Veterans Code gives the same
protections as contemplated in the bill to California National
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Guard members who work in California.
The Uniformed Services Employment and Reemployment Rights Act
(USERRA) 38 United States Code Chapter 4301-4335, protects the
employment of servicemembers while they are performing federal
military service.
Various sections of the United States Code govern the National
Guard and permit the National Guard to be used in different
modes or statuses. According to the National Guard Association
of the United States' "NGAUS Fact Sheet, Understanding the
Guard's Duty Statuses" the relevant statuses may be briefly
explained as follows:
Title 32 Full-Time National Guard Duty
"Full-time National Guard Duty" means training or other duty,
other than inactive duty, performed by a member of the
National Guard. Title 32 allows the Governor, with the
approval of the President or the Secretary of Defense, to
order a member to duty for operational Homeland Defense
activities.
Title 10 Active-Duty
"Active duty" means full-time duty in the active military
service of the U.S. Title 10. It allows the President to
"federalize" the National Guard forces by ordering them to
active duty in their militia status.
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FISCAL EFFECT: Unknown at this time.
COMMENTS: National Guard members are not covered by USERRA when
in Title 32 status. In California similar existing law covers
California employees who are members of the California National
Guard.
Although it is not the norm, there are California employees who,
for various reasons, are members of the National Guard of other
states. Current California law does not give them job
protections when they are called to serve in the Guard of
another state in Title 32 status. This bill extends the same
protections to all Guard members who work in California without
regard for what state the Guard members serve in.
Exact figures were not available at the time of this writing,
but the number of Guard members protected by this bill is likely
to be modest, according to staff discussions with Military
Department and Department of Defense staff. Nevertheless, these
men and women have committed to serving the Nation and to serve
a state whenever either should call. Protecting their
employment while they do so recognizes their sacrifices and
service. Finally, we have an all-volunteer force; the prospect
of losing one's job if called to active duty would make
volunteering for service far less attractive.
Suggested Amendments:
Staff and the author have discussed amendments to make the
sections of code affected by this bill more readable and to give
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them more structure. These amendments would neither change what
the bill does nor alter the policy analysis in any way but
simply would make the law more readable and accessible. If the
language is ready in time, these clarifying amendments may be
discussed and proposed in Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American Legion- Department of California
AMVETS, Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Department of Defense State Liaison Office
Military Officers Association- California Council of Chapters
Veterans of Foreign Wars- Department of California
Vietnam Veterans of America- California State Council
Opposition
None on File.
Analysis Prepared by:John Spangler / V.A. / (916) 319-3550
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