BILL ANALYSIS �
AB 1936
Page 1
Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
AB 1936 (Knight) - As Amended: April 10, 2012
SUBJECT : State employment: military service: inactive duty
SUMMARY : This bill : adds periods of inactive duty for training
to the types of duty for which it is permissible for state
employees to take military leave.
EXISTING LAW
An employee who is granted a short-term military leave of
absence for active military duty, but not for inactive duty,
including, but not limited to, scheduled reserve drill periods,
and who for a period of not less than one year immediately prior
to the effective date of active duty has had continuous state
service as defined by Department of Personnel Administration
rule that is not broken by a permanent separation, or who has
had continuous state service immediately prior to the effective
date of active duty not broken by a permanent separation and
sufficient recognized military service that need not be
contiguous to equal one year shall be entitled to receive his or
her salary or compensation for the first 30 calendar days of
active duty served during the absence.
FISCAL EFFECT : Unknown at this time.
COMMENTS : This bill will be largely, if not entirely,
applicable to reservists and others whose military service is
"part time." The bill applies only to state employees.
In most instances, short term training and reserve drill periods
are scheduled and completed from Friday evening through Sunday
evening, for most employees, "the weekend." For longer periods
of duty short of full mobilization, such as the typical reserve
two-week "annual training," the servicemember is placed "on
orders," shifting the member's status to active duty for that
period. Therefore in most cases the servicemember either
accomplishes training on days when not scheduled to work at his
or her state employment, thus needing to take no leave, or the
employee is eligible for military leave as a result of active
duty status.
AB 1936
Page 2
This bill addresses the situation where an employee either has
an atypical work schedule which conflicts with the usual
Friday-Sunday drill/training period or where the servicemember
must perform some kind of short-term military duty during his or
her normal working hours. The bill would allow servicemembers
to use military leave to accomplish such duties during their
working hours and still be compensated by their state employer.
The bill does not expand the total number of military leave days
(30) available to state employee servicemembers.
Related Legislation:
SB 1950 (Lewis, 2000) was intended to extend paid leave for
inactive duty training but the change to the Government Code was
omitted from the chaptered version.
SB 569 (Morrow, 2001) died in the Assembly Appropriations
Committee and would have made substantially the same changes as
this bill. The analysis from the Veterans Affairs Committee at
that time states, "as enacted by SB 2950, was intended to
provide state and local public employees who are on inactive
military duty with paid leave. However, due to a drafting error
in SB 1950, the bill amended the Military and Veterans Code but
omitted the Government Code reference which pertains to state
employees. Therefore, the intent of SB 1950 was not fully
enacted."
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion- Department of California
AMVETS- Department of California
California Association of County Veteran Service Officers
California State Commanders Veterans Council
Vietnam Veterans of America- California State Council
California Correctional Peace Officers Association
Opposition
None on file.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550
AB 1936
Page 3