SECTIONS 19780-19786 - California Statutes

GOVERNMENT CODE

SECTION 19780-19786

19780. Except as provided in Section 19781, 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 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.

19782. A limited-term employee or temporary employee who begins
active duty within 10 days from the effective date of his or her
military leave and who returns to state service within 10 days after
termination of military service or 30 days after any rehabilitation
afforded by the United States or the state following the military
service, shall be reinstated to the position and civil service status
that he or she held on the effective date of leave, if the position
has not expired or been abolished. In those instances, the employee
is separated in the same manner he or she would have been separated
had he or she not been in the military service.

19783. A permanent, probationary, or exempt employee who resigns
from state service for the purpose of entering the recognized
military service and begins active duty and returns to state service
within the same time limits and conditions as provided in Section
19780 shall be reinstated to his or her former position. The employee
shall not receive the rights and benefits provided under Sections
19775, 19775.1, and 19775.3.

19784. Upon reinstatement of a person under the provisions of
Sections 19780 and 19783, any necessary separations shall be effected
under the provisions of this part governing layoff and demotion.

19785. A civil service employee who is entitled to reinstatement
under Section 19780 or 19782 shall be considered as a person serving
in state civil service under Section 19050.9 when a function in which
he or she was serving when he or she entered military service is
transferred to another state agency and shall be reinstated in the
other agency or shall be eligible for reemployment subject to Article
2 (commencing with Section 19997) of Chapter 7 of Part 2.6 if the
function of the state agency is abolished pursuant to law.

19786. (a) When a civil service employee has been reinstated after
military service in accordance with Section 19780, and any question
arises relative to his or her ability or inability for any reason
arising out of the military service to perform the duties of the
position to which he or she has been reinstated, the board shall,
upon the request of the appointing power or of the employee, hear the
matter and may on its own motion or at the request of either party
take any and all necessary testimony of every nature necessary to a
decision on the question.
(b) If the board finds that the employee is not able for any
reason arising out of the military service to carry out the usual
duties of the position he or she then holds, it shall order the
employee placed in a position in which the board finds he or she is
capable of performing the duties in the same class or a comparable
class in the same or any other state department, bureau, board,
commission, or office under this part and the rules of the board
covering transfer of an employee from a position under the
jurisdiction of one appointing power to a position under the
jurisdiction of another appointing power, without the consent of the
appointing powers, where a vacancy may be made available to him or
her under this part and the rules of the board, but in no event shall
the transfer constitute a promotion within the meaning of this part
and the rules of the board.
(c) If a layoff is made necessary to place a civil service
employee in a position in the same class or a comparable class in
accordance with this section, the layoff shall be made under Section
19997.3, provided that no civil service employee who was employed
prior to September 16, 1940, shall be laid off as a result of the
placing of an employee in the same class or a comparable class under
this section.
(d) The board may order the civil service employee reinstated to
the department, bureau, board, commission, or office from which he or
she was transferred either upon request of the employee or the
appointing power from which transferred. The reinstatement may be
made after a hearing as provided in this section if the board finds
that the employee is at the time of the hearing able to perform the
duties of the position.