California Military and Veterans Code

§ 395.1

MVC § 395.1 Effective Jan 1, 2026Div. 2 · Part 1 · Ch. 7

Statute text

(a)Notwithstanding any other law to the contrary, any officer or employee of the state not subject to Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code, or any public officer, deputy, assistant, or employee of any city, county, city and county, school district, water district, irrigation district, or any other district, political corporation, political subdivision, or governmental agency thereof who, in time of war or national emergency as proclaimed by the President or Congress, or when any of the Armed Forces of the United States are serving outside of the United States or their territories pursuant to order or request of the United Nations, or while any national conscription act is in effect, leaves or has left their office or position prior to the end of the war, or the termination of the national emergency or during the effective period of any order or request of this type of the United Nations or prior to the expiration of the National Conscription Act, to join the Armed Forces of the United States and who does or did without unreasonable and unnecessary delay join the Armed Forces or, being a member of any reserve force or corps of any of the Armed Forces of the United States or of the militia of this state, is or was ordered to duty therewith by competent military authority and served or serves in compliance with those orders, shall have a right, if released, separated or discharged under conditions other than dishonorable, to return to and reenter upon the office or position within six months after the termination of their active service with the Armed Forces, but not later than six months after the end of the war or national emergency or military or police operations under the United Nations or after the Governor finds and proclaims that, for the purposes of this section, the war, national emergency, or United Nations military or police operation no longer exists, or after the expiration of the National Conscription Act, if the term for which they were elected or appointed has not ended during their absence; provided, that the right to return to and reenter upon the office or position shall not extend to or be granted to any officer or employee of the state not subject to Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code, or any public officer, deputy, assistant, or employee of any city, county, city and county, school district, water district, irrigation district or any other district, political corporation, political subdivision or governmental agency thereof, who shall fail to return to and reenter upon their office or position within 12 months after the first date upon which they could terminate or could cause to have terminated their active service with the Armed Forces of the United States or of the militia of this state. They shall also have a right to return to and reenter upon the office or position during terminal leave from the Armed Forces and prior to discharge, separation, or release therefrom.

(b)(1) Upon return and reentry to the office or employment, the officer or employee shall have all of the rights and privileges in, connected with, or arising out of the office or employment which they would have enjoyed if they had not been absent therefrom; provided, however, the officer or employee shall not be entitled to sick leave, vacation, or salary for the period during which they were on leave from that governmental service and in the service of the Armed Forces of the United States.

(2)If the office or position has been abolished or otherwise has ceased to exist during their absence, they shall be reinstated in a position of like seniority, status, and pay if the position exists, or to a comparable vacant position for which they are qualified.

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Legislative history

Amended by Stats. 2025, Ch. 67, Sec. 137. (AB 1170) Effective January 1, 2026.