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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