BILL ANALYSIS Ó AB 583 Page 1 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. AB 583 Page 2 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 AB 583 Page 3 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. AB 583 Page 4 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 AB 583 Page 5 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 AB 583 Page 6