|
Federal |
Condition |
California |
|
Yes - All Employers
(Uniformed Services Employment & Re-employment Rights Act of 1994 (USERRA)) |
Required?
|
Yes - All Employers
(California Military and Veterans Code) |
|
Employer Choice |
Paid/Unpaid? |
Employer Choice |
|
Any branch of U.S. uniformed services including civilian health services
|
Applies to? |
California National Guard |
|
Training or service required by military for any official reason. |
Reasons for leave? |
Training or service required by National Guard for any official reason. |
|
As long as on active duty or hospitalized by injuries or illness resulting from active duty. |
Duration? |
As long as on active duty. |
|
Yes, if requested by employee:
Service less than 31 days:
Must report for re-employment on first day back (plus time for safe transportation and 8 hours.
Service 31 to 181 days:
Must apply for re-employment within 14 days of completing service.
Service exceeding 181 days:
Must apply for re-employment within 90 days of completing service.
Extension may be granted up to two years if individual hospitalized or convalescing from injury or illness caused by military service.
|
Guaranteed return to work?
|
"Non-Temporary" employees: Yes, if requested by employee within 40 days of completion of service.
Part-time employees must apply for job reinstatement within 5 days of release from service.
|
|
If gone less than 91 days of service: Re-employ in (1) position that would have been attained if continuously employed, (2) the position held before service.
If gone 91 or more days of service: Re-employ same as above or offer a different position with equivalent pay, status, and seniority.
Employers must provide "refresher" training for returning service people and also furnish any training necessary to update their skills if no longer qualified due to technological advances.
No re-employment is required if the individual would have been laid off had he or she not been on military service. |
Guaranteed job assignment? |
Same or similar position as was left, at same or similar pay, working same or similar hours in same or similar location. |
|
Copy of official military orders to report for duty. |
Employer verification? |
Copy of official National Guard orders to report for duty.
|
|
Federal court order to reinstate employee. |
Penalties for failure to comply? |
State court action. Misdemeanor with liability for actual damages. |
