CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 984Introduced by Senator ArchuletaFebruary 14, 2022 An act to amend Section 19775.1 of, and to repeal Section 19774 of, the Government Code, relating to military service. LEGISLATIVE COUNSEL'S DIGESTSB 984, as introduced, Archuleta. Military service: leave of absence: pay and benefits.Existing law specifies that employee members of reserve military units and the National Guard required to attend scheduled reserve drill periods or perform other inactive duty reserve obligations shall be granted military leave of absence without pay as provided by federal law, as specified.This bill would repeal those provisions.Existing law specifies that an employee who is granted a short-term military leave of absence for active military duty, but not for inactive duty, including scheduled reserve drill periods, and who for a period of not less than one year immediately before the effective date of active duty has had continuous state service that is not broken by a permanent separation, or who has had continuous state service immediately before the effective date of active duty not broken by a permanent separation and sufficient recognized military service to equal one year, shall be entitled to receive their salary or compensation for the first 30 calendar days of active duty served during the absence.This bill would also entitle an employee to receive that compensation for short-term military leave of absence for National Guard drill periods.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 19774 of the Government Code is repealed.19774.(a)Employee members of reserve military units and the National Guard required to attend scheduled reserve drill periods or perform other inactive duty reserve obligations shall be granted military leave of absence without pay as provided by federal law.(b)Notwithstanding subdivision (a) or any other provision of law, employee members may, at their option, elect to use vacation time or accumulated compensatory time off to attend scheduled reserve drill periods or perform other inactive duty reserve obligations.(c)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act.SEC. 2. Section 19775.1 of the Government Code is amended to read: An19775.1. (a) 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 and National Guard drill periods, and who for a period of not less than one year immediately prior to before the effective date of active duty has had continuous state service as defined by rule that is not broken by a permanent separation, or who has had continuous state service immediately prior to before 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 year, shall be entitled to receive his or her their salary or compensation for the first 30 calendar days of active duty served during the absence. An(b) An employee who is granted emergency military leave under Section 19773, shall receive his or her their salary or compensation as a state employee while going to, engaging in, and returning from the duty. The employee shall not receive his or her their salary or compensation for more than 30 days each time he or she is they are granted the emergency military leave.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 984Introduced by Senator ArchuletaFebruary 14, 2022 An act to amend Section 19775.1 of, and to repeal Section 19774 of, the Government Code, relating to military service. LEGISLATIVE COUNSEL'S DIGESTSB 984, as introduced, Archuleta. Military service: leave of absence: pay and benefits.Existing law specifies that employee members of reserve military units and the National Guard required to attend scheduled reserve drill periods or perform other inactive duty reserve obligations shall be granted military leave of absence without pay as provided by federal law, as specified.This bill would repeal those provisions.Existing law specifies that an employee who is granted a short-term military leave of absence for active military duty, but not for inactive duty, including scheduled reserve drill periods, and who for a period of not less than one year immediately before the effective date of active duty has had continuous state service that is not broken by a permanent separation, or who has had continuous state service immediately before the effective date of active duty not broken by a permanent separation and sufficient recognized military service to equal one year, shall be entitled to receive their salary or compensation for the first 30 calendar days of active duty served during the absence.This bill would also entitle an employee to receive that compensation for short-term military leave of absence for National Guard drill periods.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 984
Introduced by Senator ArchuletaFebruary 14, 2022
Introduced by Senator Archuleta
February 14, 2022
An act to amend Section 19775.1 of, and to repeal Section 19774 of, the Government Code, relating to military service.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 984, as introduced, Archuleta. Military service: leave of absence: pay and benefits.
Existing law specifies that employee members of reserve military units and the National Guard required to attend scheduled reserve drill periods or perform other inactive duty reserve obligations shall be granted military leave of absence without pay as provided by federal law, as specified.This bill would repeal those provisions.Existing law specifies that an employee who is granted a short-term military leave of absence for active military duty, but not for inactive duty, including scheduled reserve drill periods, and who for a period of not less than one year immediately before the effective date of active duty has had continuous state service that is not broken by a permanent separation, or who has had continuous state service immediately before the effective date of active duty not broken by a permanent separation and sufficient recognized military service to equal one year, shall be entitled to receive their salary or compensation for the first 30 calendar days of active duty served during the absence.This bill would also entitle an employee to receive that compensation for short-term military leave of absence for National Guard drill periods.
Existing law specifies that employee members of reserve military units and the National Guard required to attend scheduled reserve drill periods or perform other inactive duty reserve obligations shall be granted military leave of absence without pay as provided by federal law, as specified.
This bill would repeal those provisions.
Existing law specifies that an employee who is granted a short-term military leave of absence for active military duty, but not for inactive duty, including scheduled reserve drill periods, and who for a period of not less than one year immediately before the effective date of active duty has had continuous state service that is not broken by a permanent separation, or who has had continuous state service immediately before the effective date of active duty not broken by a permanent separation and sufficient recognized military service to equal one year, shall be entitled to receive their salary or compensation for the first 30 calendar days of active duty served during the absence.
This bill would also entitle an employee to receive that compensation for short-term military leave of absence for National Guard drill periods.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 19774 of the Government Code is repealed.19774.(a)Employee members of reserve military units and the National Guard required to attend scheduled reserve drill periods or perform other inactive duty reserve obligations shall be granted military leave of absence without pay as provided by federal law.(b)Notwithstanding subdivision (a) or any other provision of law, employee members may, at their option, elect to use vacation time or accumulated compensatory time off to attend scheduled reserve drill periods or perform other inactive duty reserve obligations.(c)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act.SEC. 2. Section 19775.1 of the Government Code is amended to read: An19775.1. (a) 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 and National Guard drill periods, and who for a period of not less than one year immediately prior to before the effective date of active duty has had continuous state service as defined by rule that is not broken by a permanent separation, or who has had continuous state service immediately prior to before 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 year, shall be entitled to receive his or her their salary or compensation for the first 30 calendar days of active duty served during the absence. An(b) An employee who is granted emergency military leave under Section 19773, shall receive his or her their salary or compensation as a state employee while going to, engaging in, and returning from the duty. The employee shall not receive his or her their salary or compensation for more than 30 days each time he or she is they are granted the emergency military leave.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 19774 of the Government Code is repealed.19774.(a)Employee members of reserve military units and the National Guard required to attend scheduled reserve drill periods or perform other inactive duty reserve obligations shall be granted military leave of absence without pay as provided by federal law.(b)Notwithstanding subdivision (a) or any other provision of law, employee members may, at their option, elect to use vacation time or accumulated compensatory time off to attend scheduled reserve drill periods or perform other inactive duty reserve obligations.(c)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act.
SECTION 1. Section 19774 of the Government Code is repealed.
### SECTION 1.
19774.(a)Employee members of reserve military units and the National Guard required to attend scheduled reserve drill periods or perform other inactive duty reserve obligations shall be granted military leave of absence without pay as provided by federal law.(b)Notwithstanding subdivision (a) or any other provision of law, employee members may, at their option, elect to use vacation time or accumulated compensatory time off to attend scheduled reserve drill periods or perform other inactive duty reserve obligations.(c)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act.
(a)Employee members of reserve military units and the National Guard required to attend scheduled reserve drill periods or perform other inactive duty reserve obligations shall be granted military leave of absence without pay as provided by federal law.
(b)Notwithstanding subdivision (a) or any other provision of law, employee members may, at their option, elect to use vacation time or accumulated compensatory time off to attend scheduled reserve drill periods or perform other inactive duty reserve obligations.
(c)If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act.
SEC. 2. Section 19775.1 of the Government Code is amended to read: An19775.1. (a) 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 and National Guard drill periods, and who for a period of not less than one year immediately prior to before the effective date of active duty has had continuous state service as defined by rule that is not broken by a permanent separation, or who has had continuous state service immediately prior to before 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 year, shall be entitled to receive his or her their salary or compensation for the first 30 calendar days of active duty served during the absence. An(b) An employee who is granted emergency military leave under Section 19773, shall receive his or her their salary or compensation as a state employee while going to, engaging in, and returning from the duty. The employee shall not receive his or her their salary or compensation for more than 30 days each time he or she is they are granted the emergency military leave.
SEC. 2. Section 19775.1 of the Government Code is amended to read:
### SEC. 2.
An19775.1. (a) 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 and National Guard drill periods, and who for a period of not less than one year immediately prior to before the effective date of active duty has had continuous state service as defined by rule that is not broken by a permanent separation, or who has had continuous state service immediately prior to before 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 year, shall be entitled to receive his or her their salary or compensation for the first 30 calendar days of active duty served during the absence. An(b) An employee who is granted emergency military leave under Section 19773, shall receive his or her their salary or compensation as a state employee while going to, engaging in, and returning from the duty. The employee shall not receive his or her their salary or compensation for more than 30 days each time he or she is they are granted the emergency military leave.
An19775.1. (a) 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 and National Guard drill periods, and who for a period of not less than one year immediately prior to before the effective date of active duty has had continuous state service as defined by rule that is not broken by a permanent separation, or who has had continuous state service immediately prior to before 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 year, shall be entitled to receive his or her their salary or compensation for the first 30 calendar days of active duty served during the absence. An(b) An employee who is granted emergency military leave under Section 19773, shall receive his or her their salary or compensation as a state employee while going to, engaging in, and returning from the duty. The employee shall not receive his or her their salary or compensation for more than 30 days each time he or she is they are granted the emergency military leave.
An19775.1. (a) 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 and National Guard drill periods, and who for a period of not less than one year immediately prior to before the effective date of active duty has had continuous state service as defined by rule that is not broken by a permanent separation, or who has had continuous state service immediately prior to before 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 year, shall be entitled to receive his or her their salary or compensation for the first 30 calendar days of active duty served during the absence. An(b) An employee who is granted emergency military leave under Section 19773, shall receive his or her their salary or compensation as a state employee while going to, engaging in, and returning from the duty. The employee shall not receive his or her their salary or compensation for more than 30 days each time he or she is they are granted the emergency military leave.
An
An
19775.1. (a) 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 and National Guard drill periods, and who for a period of not less than one year immediately prior to before the effective date of active duty has had continuous state service as defined by rule that is not broken by a permanent separation, or who has had continuous state service immediately prior to before 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 year, shall be entitled to receive his or her their salary or compensation for the first 30 calendar days of active duty served during the absence.
An
(b) An employee who is granted emergency military leave under Section 19773, shall receive his or her their salary or compensation as a state employee while going to, engaging in, and returning from the duty. The employee shall not receive his or her their salary or compensation for more than 30 days each time he or she is they are granted the emergency military leave.