Police Officers Who Are Members of the Military Reserves or The California National Guard Should Be Familiar with the Military and Veteran’s Code

Most military reservists are familiar with the Uniformed Services Employment and Reemployment Rights Act of 1994 (US Code, Chapter 43, Part III, Title 38), also known as “USERRA”, which protects their civilian job so they can return to work after a mobilization. However, not all reservists/Guard members are familiar with their right to limited salary continuation while ordered to active military duty.

The California Military and Veteran’s Code provides for three circumstances in which
public employees ordered to military duty are entitled to receive salary or compensation as a
public employee for up to the first 30 calendar days of absence due to military service:

1. Temporary Military Leave of Absence: A public employee (employed at least one year) receiving orders for active military training, inactive duty training, e ncampment, naval cruises, special exercises or like activity for a period of 180 calendar days or less is entitled to continued salary for the first 30 calendar days of his/her absence (M&V Code ?395.01). Pay shall not exceed 30 days in any fiscal year. An employee on temporary military leave of absence shall receive the same vacation, sick leave and holiday privileges he/she would have enjoyed had he/she not been absent. (M&V Code ?395(d) ).
2. Active Duty (military leave): A public employee (employed at least one year) receiving orders to duty other than temporary military leave (meaning orders of more than 180 days) is entitled to receive his/her salary for the first 30 calendar days while engaged in he performance of ordered military duty. (M&V Code ?3 95.02)
3. State of Extreme Emergency (California National Guard only ): A public employee (regardles s of length of service) who is a member of t he California National Guard is entitled to up to 30 calendar days of continued salary for each recall to duty pursuant to a Governor-issued proclamation of a “state of extreme emergency” or “in case of war, insurrection, rebellion, invasion, turmoil, riot, breach of peace, public calamity or cat as trophe, including, but not limited t o, catast rophic fires, or other emergency, or imminent danger thereof, or res is tence to t he laws of the Untied St ates”, “upon call or requis it ion of the President of the United States” and certain other circumstances. (M&V Code ? ? 395.05 and 146) The right to continued salary has no fiscal year limitation; instead, it repeats with each declared emergency. (California Attorney General Opinion of July 12, 2000)

In order to qualify for these benefits, the employee mus t be on orders. The st atutes do not appear to require continued public employee salary for those performing normal inactive duty drills (as opposed to inact ive duty t raining orders).

Further, a California public employee who is a member of t he milit ia of anot her st ate is ineligible for these continued salary benefits according to a California Attorney General Opinion of January 24, 2003. The same Attorney General Opinion stated that “30 calendar days” means 21.5 working days or 172 working hours for an employee who works 40 hours each week.

Deputy Squaredaway is a Naval Reservist who is recalled for two years to Baghdad. he is entitled to the first 30 days of continued pay as a deputy during his military absence.

Sergeant Rock is a Marine Reservist. He gets orders t o report for 60 days of flight training. He is entitled to the first 30 calendar days of continued pay as a police sergeant during his military absence.

Officer Lucky is a California National Guard member. D uring the last fiscal year (of his public agency) Officer Lucky served 30 days of active duty for training. He was also recalled for two periods of state emergency leaves for separate wildfires (with separate proclamations). Each recall was for 30 days or more. Officer Lucky is entitled to 90 days of continued pay.