BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 583 (Chávez) - Military service: employment protections
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|Version: April 15, 2015 |Policy Vote: V.A. 5 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: June 22, 2015 |Consultant: Maureen Ortiz |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: AB 583 extends employment protections to employees who are
members of other states' National Guard and who are called to
active duty.
Fiscal
Impact:
Potentially minor reimbursable costs to local district
attorneys (General Fund)
The District Attorney's Association indicates little, if any,
additional costs as a result of this measure since this
currently rarely happens with in-state national guard members.
The District Attorney would represent the employee in instances
where the employer did not provide employment protections after
an employee was sent to active duty with another state's
National Guard and then returned seeking reinstatement to his or
AB 583 (Chávez) Page 1 of
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her job.
Background: Under existing law, California employees are provided with
employment protections from private employers if they are called
to active duty by the Governor or President. Employees are
entitled to take up to 17 days of unpaid leave per year for
military training, drills or other exercises. Additionally,
members who are called to active duty are entitled to limited
unpaid leave and reinstatement to their former position or a
position of similar seniority, pay, and status without loss of
benefits.
Proposed Law:
AB 583 extends employment protections that now apply to
officers and enlisted members of the California National Guard,
to officers and enlisted members of the National Guard of a
state other than California. Specifically, this bill:
1)Provides that whenever an officer or enlisted member of the
National Guard of a state other than California leaves a
permanent position in private employment because he or she is
required to undertake active military duty in the service of
the state under certain circumstances, the officer or enlisted
member is still qualified to perform the duties of that
position in private employment after receiving a certificate
of satisfactory service in the National Guard of a state other
than California.
2)Requires that when such an officer or enlisted member of the
National Guard of a state other than California applies for
reinstatement to his or her permanent position in private
employment within 40 days after release from service that the
employer consider him or her as on leave of absence during
that period and the officer or enlisted member to the former
position or to a position of similar seniority, status, and
pay without loss of retirement or other benefits.
3)Provides that whenever an officer or enlisted member of the
National Guard of a state other than California leaves a
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temporary position in private employment because he or she is
required to undertake active military duty in the service of
the state under certain circumstances, the officer or enlisted
member is still qualified to perform the duties of that
position in private employment after receiving a certificate
of satisfactory service in the National Guard of a state other
than California.
4)Requires that when such an officer or enlisted member of the
National Guard of a state other than California applies for
reinstatement to his or her temporary position in private
employment within 5 days after release from service that the
employer consider him or her as on leave of absence during
that period and the officer or enlisted member to the former
position or to a position of similar seniority, status, and
pay without loss of retirement or other benefits.
5)Provides an exception to the above rule for reinstatement to a
permanent position in private employment, but not a temporary
position in private employment, when the employer's
circumstances have so changed as to make it impossible or
unreasonable to do so.
6)Prohibits the discharge of an officer or enlisted member of
the National Guard of a state other than California who has
returned from active military duty and been restored to either
a permanent or temporary position in private employment
without cause for one year after he or she is restored to the
position.
7)Allows the officer or enlisted member of the National Guard of
a state other than California, if any employer fails or
refuses to comply with this section, to file a motion in the
superior court of the county in which the employer maintains a
place of business, to specifically require the employer to
comply with these requirements and compensate the person for
any loss of wages or benefits suffered by reason of the
employer's unlawful action.
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8)Requires the court to order a speedy hearing and advance it on
the calendar.
9)Allows, upon application by the officer or enlisted person to
the district attorney of the county or city prosecutor of the
city in which the employer maintains a place of business, the
district attorney or city prosecutor to appear and act as
attorney for the officer or enlisted person in the amicable
adjustment of the claim or in the filing of any motion or
other appropriate pleading to specifically require the
employer to comply with this section, in which case no fees or
court costs are required to be paid by the person applying for
these benefits.
Staff
Comments: AB 583 provides that officers and enlisted members of
the National Guard of states other than California who are
employed by private employers in California have the same rights
and privileges to be reinstated to their jobs, and to be
represented in disputes with their employers by district
attorneys and city prosecutors without charge. While federal
law protects the rights of reinstatement to employment for
members of the U.S. Army or Air National Guard who return from
active military service, it does not apply to members of state
National Guards (unless those members are called to active duty
by the President of the United States). Therefore, states must
adopt their own laws to protect members of their state National
Guards called to serve by state governors, as California has
done for members of its own California National Guard. In
addition, California has adopted a number of state-specific
benefits for officers and enlisted members of the California
National Guard, including the right of service members to be
represented in disputes with their employers by district
attorneys and city prosecutors without charge, to have
calendaring preference, and to be relieved from paying any fees
or court costs. This bill would make all of the above
protections applicable to officers and enlisted members of the
National Guard of states other than California who are employed
by private employers in California.
According to the author, the Defense Manpower Data Center (DMDC)
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collects self-reported data about National Guard members in
California who are members of the California National Guard and
the National Guard of other states. According to a DMDC report
on December 24, 2014, there are 279 National Guard members in
California who are assigned to another state's National Guard.
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