Public and private employees in California who are members of the reserve corps of the U.S. armed forces, the National Guard or the naval militia are entitled to a temporary leave of absence without pay while engaged in military duty ordered for purposes of military training, drills or like activity. Members of the National Guard may be granted a leave for the period of active duty and travel to and from the duty during times the Governor has issued a proclamation of a state of extreme emergency or insurrection or during a time that the National Guard is on active duty.
All members called to active duty in the California National Guard who leave a position (not temporary) in the private sector must be restored to that position or to a position of similar seniority, status, and pay without loss of retirement or other benefits after service if several conditions are met.
No private employer or officer or agent of any corporation, company, or firm, or other person, can restrict or terminate any collateral benefit for employees by reason of an employee's temporary incapacitation incident to duty in the National Guard or Naval Militia.
Reinstatement. All members called to active duty in the California National Guard who leave a position (not temporary) in the private sector must be restored to that position or to a position of similar seniority, status, and pay without loss of retirement or other benefits after service if several conditions are met. The employee must have a certificate of satisfactory Guard service, must apply 40 days after release and must be qualified to perform the duties of the position. Under these conditions, the employee is given a leave of absence for the time served. However, restoration is not required if the employer's circumstances have so changed as to make it impossible or unreasonable to do so. Restored employees cannot be discharged without cause within one year.
Part-time employees are subject to the same conditions for reemployment, except they must make application within five days after release from service. Persons not reemployed may file actions in superior court to require an employer to comply with the law and to compensate the person for any loss of wages or benefits due to the employer's unlawful action. Any person violating California's military leave law is guilty of a misdemeanor and is liable for actual damages and reasonable attorney's fees incurred by the injured party.
Discrimination. Discrimination against persons in the military or
naval service of the state or of the U.S. is prohibited in California. The
prohibition covers all aspects of employment and specifically bans employers
from discharging anyone because of the performance of any military duty or
training, or hindering a person from performing military service or from
attending military training. Additionally, private employers cannot restrict or
terminate any collateral benefit for employees because of an employee's
temporary incapacitation (of 52 weeks or less) incident to National Guard or
naval militia duty.