BILL ANALYSIS �
AB 1936
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Date of Hearing: March 28, 2012
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Warren T. Furutani, Chair
AB 1936 (Knight) - As Introduced: February 22, 2012
SUBJECT : State employment: military service: inactive duty.
SUMMARY : Requires that a state employee who is granted a
short-term military leave of absence for inactive duty receive
his or her state salary for the first 30 calendar days of
inactive duty served during a fiscal year.
EXISTING STATE LAW requires that a state employee who is granted
a short-term military leave of absence for active duty receive
his or her state salary for the first 30 calendar days of active
duty served during a fiscal year.
EXISTING FEDERAL LAW , as established by the Uniformed Services
Employment and Reemployment Rights Act (USERRA) protects service
members' reemployment rights when returning from a period of
service in the uniformed services, including those called up
from the reserves or National Guard, and prohibits employer
discrimination based on military service or obligation.
Uniformed service includes active duty, active duty for
training, inactive duty training (such as drills), initial
active duty training, and funeral honors duty performed by
National Guard and reserve members, as well as the period for
which a person is absent from a position of employment for the
purpose of an examination to determine fitness to perform any
such duty.
FISCAL EFFECT : Unknown.
COMMENTS : Inactive-duty training includes drills and other
types of training performed periodically by reserve and National
Guard members whose status is inactive and does not change to
active during the time of their participation.
According to the author, "Current law prevents civil service
employees from the ability to use the 30 days of military leave
for inactive duty, including but not limited to, 'weekend
drills.' While many employees work a typical Monday through
AB 1936
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Friday workweek, and would not typically require a leave request
when training for weekend drills, there are several groups who
may be affected, since their employment frequently requires they
work on Saturday and/or Sunday."
The author concludes, "All servicemembers, whether they are
active duty or inactive duty when called to serve our country,
deserve the same rights and benefits afforded to them under
California law."
This bill is similar to SB 569 (Morrow) of 2002, which was held
on the Assembly Appropriations Committee suspense file.
The Committee recommends that the bill be amended to clarify
that "inactive duty" means "inactive duty training" which is the
more commonly used terminology.
REGISTERED SUPPORT / OPPOSITION :
Support
California Correctional Peace Officers Association
Opposition
None on file
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957