California Military Service (California Military Code §394.5)

NOTE: This leave will not appear on claims if your organization has chosen not to administer it.

Covered Employers: All employers

Employee Eligibility: Eligible employees under §394.5 are members of the reserve corps of the armed forces of the United States, the National Guard, or the naval militia.

Entitlement: California Military Code §394.5 requires employers to provide up to 17 calendar days annually, including travel time, of job-protected unpaid leave to employees who are members of the Reserve corps of the armed forces of the United States, the National Guard, or the naval militia when called to military duty for purposes of military training, drills, encampment, naval cruises, special exercises or the like.

NOTE: The federal Uniformed Services Employment and Reemployment Rights Act (USERRA), 39 U.S.C. §4301, et seq., provides greater leave than §394.5 and supersedes §394.5 with respect to any federal service in the uniformed services (as defined by USERRA). §394.5 would still apply to any state service that falls within its scope.

Employer Notice: Not specified

Employee Notice: Not specified

Obligation to Provide Certifications or Documents Supporting Need for Leave: Not specified

Paid?: Not specified

Benefits: Not Specified

Reinstatement: An employer shall reinstate the employee to his/her original position.

Other Important Definitions/Requirements: N/A

Relationship with Other Leave: This leave is in addition to USERRA and California State Guard leave.

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