The press is reporting that the military has already called a number of military reservists to active duty and that there are plans to call up 35,000 additional reservists in the near future. Federal law provides significant reemployment rights for military reservists (i.e., members of the various reserves and National Guard) who are called to active duty (38 U.S.C. 2024). California law augments these federal rights for public employees by requiring public agencies to continue paying most of their employees for 30 days after they are called to active duty.

California Military and Veterans Code sections 395.01 and 395.02 provide that public employees who have been employed by the public agency for at least one year prior to their call-up are entitled to receive their regular salary from that agency for the first 30 days of their active military service. This entitlement is in addition to, and unaffected by, any pay and allowances they receive from the military. Moreover, this entitlement is in addition to any compensation employees may have received during military leave for training purposes in conjunction with active duty. However, unless authorized by board resolution or a memorandum of understanding with an employee organization, no more than 30 calendar days shall be allowed for both types of paid leave for any single military leave of absence or in the same fiscal year (Military and Veterans Code section 395.03).

For public school employees, including community college employees, the California Education Code, at sections 45059 and 87832, specifies that the amount of compensation due employees from the school employer for their first 30 days of active military duty is as follows:

1. Certificated employees are entitled to one-tenth of their annual salary; while

2. All other employees are entitled to one month's salary.

Because these employees are in a paid leave status during the first 30 days, the employer is also obligated to make those payments it would otherwise make to continue health and welfare benefits for that month. At the expiration of this period, employees would be entitled to pay for such benefits themselves.

As with all situations where employees are entitled to military leave, whether paid or unpaid, the employer must be provided with adequate documentation to support their entitlement. Under the current circumstances, it would appear that most employees should have no difficulty in providing the requisite documents before going on military leave. However, should any problems arise in this respect or you otherwise require any further advice or assistance in dealing with the issues discussed above, please contact our office.