State of California

  M E M O R A N D U M

  REFERENCE CODE:
  2002-015

  DATE:
  March 4, 2002

  TO:
  Personnel Officers

  FROM:
  Department of Personnel Administration
  Classification and Compensation Division

  SUBJECT:
  Military Leave - War on Terrorism
  (Senate Bill 711 - Implementation of Government Code 
  Section 19775.18)

  CONTACT:
  Clarice Pace, Personnel Program Technician
  (916) 324-0429
  FAX:  (916) 327-1886
  Email:  ClaricePace@dpa.ca.gov


  On February 13, 2002, the Governor signed Senate Bill (SB) 
  711, implementing Government Code (GC) Section 19775.18 to 
  enhance pay and benefits for State civil service employees 
  called to active duty on or after September 11, 2001. The 
  purpose of this memorandum is to provide assistance in 
  implementing the provisions of SB 711.
  
  Specifically, the newly-enacted statute authorizes State 
  civil service employees who are called to active duty on 
  and after September 11, 2001 for the War on Terrorism to 
  receive the difference between their military pay and their 
  State pay and benefits for a period not to exceed 365 
  calendar days.  The 365 calendar days are in addition to 
  the 30 calendar days provided under current statutes that 
  govern military leave.  An employee who has received 
  compensation under the provision of GC 19775.18, who does 
  not reinstate to State service following active duty, shall 
  have that compensation treated as a loan payable with 
  interest.  This statute will not apply to active duty 
  served after the close of the War on Terrorism.
  
  Prior to the enactment of this statute, State employees who 
  were called to active military duty received their benefits 
  under the provision of GC 19775.17.  Under GC 19775.17, 
  employees were eligible to receive the difference between 
  military pay and State salary and benefits for 180 calendar 
  days.  However, with the enactment of SB 711, any State 
  employee who received benefits under GC 19775.17 for this 
  event is now eligible to receive the remaining 
  benefits under GC 19775.18 for up to 365 calendar days.  For example, 
  an employee who has received 150 calendar days of compensation and 
  benefits under GC 19775.17 is eligible to receive an additional 
  215 calendar days under GC 19775.18 to equal the full 365 calendar 
  days.
  
  Active duty military orders issued on and after September 11, 2001 for 
  Operation Noble Eagle, Operation Enduring Freedom, National Guard 
  airport duty or homeland protection, or for any military campaign or 
  operation related to the War on Terrorism qualify for the benefits 
  provided by GC 19775.18.  If a department receives orders that are 
  unclear, the departmental personnel office is encouraged to contact 
  the Department of Personnel Administration (DPA) for assistance. 
  
  For guidelines on how to administer the provisions of GC 19775.18, 
  refer to Personnel Management Liaison Memorandum 2001-036, which 
  provides general guidelines on administering military leave during 
  national emergencies.
  
  Additionally, DPA will be issuing a separate memorandum to clarify 
  specific provisions of military leave as it relates to State employees 
  who are ordered to active military duty as a result of the War on 
  Terrorism.
  
  If you have any questions regarding the addition of GC 19775.18, 
  please have your designated Personnel Specialist contact Clarice Pace 
  within the Classification and Compensation Division at the Department 
  of Personnel Administration.
  
  
  
  
  Michael T. Navarro, Chief
  Classification and Compensation Division