Military Leave Policy -Section III, E: Pay, Benefits, and Other Provisions During Military Leave
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Including Uniformed Services Employment & Reemployment Rights Act (USERRA) and the California Military & Veterans Code (CMVA)
Revised: April 2014
III, E: Pay, Benefits, and Other Provisions During Military Leave
Under the California Military and Veterans Act, the following benefits apply to employees who have completed at least one year of County service, or combined military/County service, immediately prior to the commencement of the leave:
- Paid Leave
The County will provide up to 30 calendar days of paid military leave for active military duty training, scheduled reserve drill periods, encampment, naval cruises, special exercises, or like activity. During leave under this provision, employees receive their normal County pay for up to 30 calendar days of qualifying leave. Employees on inactive duty training (i.e., drills) are not entitled to their salary, but may choose to use accrued vacation and compensatory time, or take leave without pay.
Employees may not receive more than 30 calendar days of paid leave for any one military leave of absence (including multiple orders extending the leave), or during any one fiscal year (County fiscal year: July 1st – June 30th). Exception: National Guard members are entitled to 30 calendar days of pay regardless of length of County service, and are not subject to a limit of 30 calendar days per fiscal year, provided the duty is during a state declared extreme emergency.
- Leave Accrual
Employees on a temporary military leave (active duty leaves 180 days or less), will continue to accrue the same vacation, sick leave, holiday pay and employment rights as if they were not on a leave of absence (5 CFR §353.107). After 180 days, no sick leave or vacation is accrued
- Health & Welfare Benefits
The County will, at a minimum, maintain health benefits and other benefits for the first 30 calendar days of military leave as if the employee was actively employed (this applies to both active duty and inactive duty training).