Types of Military Leave - CalHR

Types of Military Leave

 

Short-term military leave

Short-term military leave is military leave of 6 months or less (GC 19772).
 

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 any 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.

 

 Long-term military leave

Long-term military leave is military leave of more than 6 months (GC 19772).
 

Conditions

The State grants long-term military leave if
  • you're a permanent or probationary employee and
  • you're ordered to report for active duty in the armed forces, National Guard, or Naval Militia for a period of more than six months.

 

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 any leave credits except sick leave to receive pay for the travel time.
 

Five year limit

Long-term military leave can't exceed five years. A Federal Statute provides for an exception to the five year limit (Section 4312 [c]).
 

When you must begin active duty

To receive the rights and benefits of long-term military leave you must begin your active duty within 90 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 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
  • you have 12 qualifying pay periods of State service immediately prior to your active duty date,

 

Your State salary

If you meet the above requirements the State pays your salary for the first 30 calendar days of active duty you serve during a fiscal year.
You can't receive more than 30 calendar days pay in any one fiscal year.
Your active duty start date determines the fiscal year when the period of active duty extends into a new fiscal year.
If you're absent longer than 30 days in one fiscal year, you can use any leave credits except sick leave to cover your absence.
You may elect to be paid for your vacation credits at the time your military leave is granted.
 

Certification of completion

When you've completed your active military duty, you'll need to submit a certification of completion signed by your commanding officer. This can be
  • the form your department gives you when granting your leave, or
  • a letter from your commanding officer certifying the dates of your active military duty. Your commanding officer should send the letter to your personnel office.

 

Reinstatement

If you're a permanent, probationary, or exempt State employee, and you want to return to your job after your long-term military leave, you should contact your department upon release from active duty to request reinstatement.
You must return to State service within six months after the end of your long-term military service. Your military service can't extend beyond five years except under special circumstances (GC 19780).
 

Emergency military leave

Emergency Military Leave is military leave for members of the National Guard during such time as the Governor may have issued a proclamation of a state of extreme emergency or insurrection under the provisions of Section 143 or 146 of the Military and Veterans Code or during such time as the National Guard may be on active duty for one or more situations in Section 146 of the Military and Veterans Code (GC 19773).
 

Conditions

The State grants emergency military leave if
  • you're a member of the National Guard and
  • you're ordered to report for active duty in response to the Governor's proclamation of a state of extreme emergency or insurrection under the provisions of Sections 143 or 146 of the Military and Veterans Code.  (This also includes such time as the National Guard may be on active duty for one or more situations described in Section 146 of the Military and Veterans Code.)

 

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 any 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 emergency 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.

 

Your State salary

If you meet the requirements, the State pays your salary for up to 30 calendar days of active duty each time you're granted emergency military leave.
If you're absent longer than 30 days, you can use any leave credits except sick leave to cover your absence.
 

Reinstatement

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 the State, or after termination of the State military emergency ordered by the Governor.
If you're a limited-term or temporary State employee, you must return to State service within 10 calendar days after the end of your military leave, or 30 calendar days after the end of the State military emergency ordered by the Governor.
 

War or national emergency leave

War or National Emergency Leave is leave when the President has determined that it's necessary to augment the active forces for any operational mission, or in time of a national emergency declared by the President or Congress (GC 19775.15 through 19775.18).
 

Conditions

The State grants war or national emergency military leave if
  • you're a State employee, and
  • you're a member of the California National Guard or United States military reserve organization, and
  • you're ordered to active duty by the President or Congress.

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 war or national emergency 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.

 

Benefits defined by conflict

You're entitled to certain benefits if you're called to active duty by Presidential or Congressional determination (Sections 12302 and 12304 of Title 10 of the United States Code).
 

Updated 5/18/2012