Bill Text: CA AB64 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 64 (Prior Session Legislation)

Introduced

Bill Title: State employees: reinstatement after military service.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB64 Detail]

Download: California-2015-AB64-Introduced.html

BILL NUMBER: AB 64	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ch�vez

                        DECEMBER 15, 2014

   An act to amend Section 19780 of the Government Code, relating to
employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 64, as introduced, Ch�vez. State employees: reinstatement after
military service.
   The State Civil Service Act requires the reinstatement of a
permanent, probationary, or exempt employee who returns from active
duty military service to his or her former position, as specified.
Under existing law, reinstatement to an employee's former exempt
position reestablishes the employee's tenure and civil service
reinstatement rights, if any, as they existed immediately prior to
his or her military leave.
   This bill would additionally require that a reinstated civil
service employee who returns from active military service and who is
paid hourly to be given the same shift and number of hours worked per
week as he or she worked immediately prior to going on military
leave.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 19780 of the Government Code is amended to
read:
   19780.   Except as provided in Section 19781, a 
 A  permanent, probationary, or exempt employee who begins
active duty within 90 calendar days from the effective date of his or
her long-term military leave or within 10 calendar days from the
effective date of his or her short-term or emergency military leave
and who returns to state service within six months after termination
of military service under his or her long-term military leave or
within 10 days after termination of military service under his or her
short-term or emergency military leave shall be reinstated to his or
her former position.  Reinstatement under this section of an
employee who is paid hourly requires that the employee be given the
same shift and number of hours worked per week as the employee had
immediately prior to going on military leave.  Reinstatement to
an employee's former exempt position under this section or Section
19783 shall reestablish the employee's tenure and civil service
reinstatement rights, if any, as they existed immediately prior to
his or her military leave pursuant to this section or resignation
pursuant to Section 19783. For the purpose of this section any period
of rehabilitation afforded by the United States or the state
following active duty shall be considered as military service and
termination of the state military emergency by the Governor shall be
considered termination of military service.