Summary
Overview: Existing law provides re-employment protection for members of the National Guard ordered into active state service by the Governor or active federal service by the President of the United States for emergency purposes, and for reservists called to active duty.
The new law extends these protections to members of the National Guard of other states who are called to military service by their respective Governors or by the President of the United States.
Coverage: All employers with employees working in California.
Effective Date: January 1, 2016
Action Required: Consult with your HR Business Partner if you have any questions.
The Details
Under the law, if the former position was a full-time position, and not a temporary position, the former employer must restore the former employee to the former position or to a position of similar seniority, status, and pay without loss of retirement or other benefits, unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so. Employers are also prohibited from discharging the former employee from the position without cause within one year after restoring him or her to the position.
Similar protections apply to part-time-employees except that an employer must restore a former part-time employee to his or her former position or to a position of similar seniority, status, and pay, if any exist.
To be eligible for the employment protections the former employee must meet all of the following requirements:
(1) He or she is an officer or enlisted member of the National Guard of any state.
(2) He or she was called to active duty by the Governor of the state where he or she serves in the National Guard or by the President of the United States.
(3) He or she received a certificate of satisfactory service in the National Guard of the state where he or she serves in the National Guard.
(4) He or she is still qualified to perform the duties of the position.
(5) If he or she left a full-time position, he or she made application for reemployment within 40 days of being released from service. If he or she left part-time employment, he or she made application for reemployment within five days of being released from service.
As always please contact your HR Business partner of you have any questions.
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