Military Leave - Short-Term Military Leave
Conditions
The State grants short-term military leave if
- you're a permanent, probationary, limited-term, or temporary employee and
- you're ordered to report for active duty in the armed forces, National Guard, or Naval Militia for a period of six months or less.
Annual training
The State grants short-term military leave for annual training such as:
- active duty military training,
- encampment,
- naval cruises, and
- special exercises.
(GC 19775.1)
Inactive duty (unpaid)
Inactive duty such as scheduled reserve drill periods also qualifies for a military leave of absence. The State does not grant paid time off for inactive duty leaves. But you may use vacation and/or any other leave credits except sick leave to attend scheduled reserve drill periods or perform other inactive duty reserve obligations.
Length of leave
The length of your military leave is:
- the period of active duty plus
- one day for travel going to and returning from such duty, unless your orders already provide for additional travel time.
Travel
If you need to use travel time, and you're traveling on a working day (other than when a Saturday, Sunday, or holiday is a working day) you can use vacation and/or any other leave credits except sick leave to receive pay for the travel time.
When you must begin active duty
To receive the rights and benefits of short-term military leave, you must begin your active duty within 10 calendar days after:
- the last day you physically worked, or
- your last day on vacation or compensating time off before your active duty date.
Qualifying for your State salary and benefits
You're entitled to your State salary and benefits if
- you haven't had a break in the continuity of your State service, and
- either you have 12 qualifying pay periods of State service immediately prior to your active duty date, or
- you have a combination of State service and military service, regardless of when you served, which equals one year. To qualify, military service must be full-time active military duty in the US armed forces as defined in GC 18540. This includes service with the National Guard.
Your State salary
If you meet the requirements, the State pays your salary for the first 30 calendar days of active duty you serve during a fiscal year.
The actual amount of payment you're entitled to receive during your short-term military leave depends on
- whether your active duty is for more or less than 30 calendar days and
- whether you've already been paid for a portion of the 30 calendar days in the same fiscal year.
If your active duty is for less than 30 calendar days in a fiscal year, you'll only be paid for the actual days of active duty.
You can't receive more than 30 calendar days of pay in any one fiscal year.
When the period of active duty extends into a new fiscal year, your active duty start date determines the fiscal year.
If you're absent longer than 30 days in one fiscal year, you can use vacation and/or any other leave credits except sick leave to cover your absence.
Reinstatement
If you're a limited-term or temporary State employee ordered to active duty military service for:
- 30 days or less: You must return to State service within 10 calendar days after the end of your military leave or within 30 calendar days after any rehabilitation afforded by the US or the State following military service (GC 19782 and Federal Statute 4312, Title 38).
- more than 30 days but less than 180 days: You must return to State service within 14 calendar days after the end of your military leave or within 30 calendar days after any period of rehabilitation afforded by the United States or the State following military service (GC 19782 and Federal Statute 4312, Title 38).
If you're a permanent or probationary State employee, you must return to State service within 14 calendar days after the end of your military leave, following any period of rehabilitation afforded by the United States or after the termination of the State military emergency ordered by the Governor (Federal Statute 4312, Title 38).
Updated November 13, 2007 at 11:28 AM.
