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Return to State Service

Military Leave - When You Return to State Service

Your responsibilities

If you want to return to your job after completing your military leave, contact your department to request reinstatement.
You'll need to give your department a copy of your military separation document to help determine whether you have the right of return. Your separation document may be:
  • Department of Defense Form 214 (DD214) or
  • any other correspondence which either identifies your branch of service or is printed on the official letterhead of your branch of the military service.
The military separation document must provide
  • the condition of your release from the military service (for example, "honorable," "general," "under honorable conditions" are considered satisfactory discharges),
  • the date you entered active duty, and
  • the date you were released from duty.
The military separation document helps the State verify your release wasn't for dishonorable or bad conduct conditions. It also ensures that your leave didn't exceed the time limits for entry and release from active duty.
The State won't deny or delay your reinstatement if the information doesn't exist or if it isn't readily available. However, you need to provide the information as soon as it becomes available.
The time limits for reinstatement depend on your status at the time the State granted you military leave.
Upon your return, you must provide a copy of your military pay records. This will be used to determine if monies are owed you or the State.

If your spouse is a California State employee

If your spouse is a State employee working an average of 20 or more hours per week
And your spouse is eligible for up to 10 days of unpaid leave during the same period you're on leave from active duty. For your spouse to qualify for this leave, you must meet the following conditions:
  • You're a member of the U.S. Armed Forces, National Guard, or Reserves; and
  • If you're a member of the U.S. Armed Forces, you've been deployed during wartime to an area designated as a combat theater or combat zone; and
  • If you're a member of the National Guard or Reserves, you've been ordered to active duty during a period of military conflict, pursuant to Sections 12301 or 12302 of Title 10 of the U.S. Code or Title 32 of the U.S. Code.
When requesting this unpaid leave, your spouse must provide documentation to his or her State employer that shows that both the requested leave and your deployment will occur during the same period.
This unpaid leave for spouses is authorized by California's Military and Veterans Code, Section 395.10, which took effect October 10, 2007.

If you're not returning to State service

If you decide not to return to State service at the end of your military leave, you should contact your personnel office to clarify your status.
  Updated: 5/18/2012
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