In California, employees who serve in the military are entitled to certain rights and protections around military leave, ensuring they can fulfill their service commitments without sacrificing their civilian employment. These rights are provided under both federal and state laws:
Federal Laws
- Uniformed Services Employment and Reemployment Rights Act (USERRA): Applies nationwide, protecting the job rights of individuals who voluntarily or involuntarily leave their civilian employment for military service. USERRA requires employers to reemploy service members in their civilian jobs upon return from duty, with the same seniority, status, and pay, as well as other rights and benefits determined by seniority. It also provides protection against discrimination in employment based on military service or obligation.
California State Laws
- California Military and Veterans Code: Offers protections that complement USERRA, including guaranteed leave for military service and protection against discrimination for members of the state militia and members of the U.S. Armed Forces. California law provides additional protections, including:
- Leave of Absence: California employees who are members of the U.S. military, National Guard, or Reserves are entitled to a leave of absence for military service or training without suffering discrimination in their employment.
- Reemployment Rights: Similar to USERRA, California law requires that employees who complete military service and seek timely return to their jobs are reinstated with the same seniority, rights, and benefits as if they had remained continuously employed.
- Discrimination Protections: Employers in California are prohibited from discriminating against employees or applicants due to their membership in or service with the military forces of the state or of the United States.
Rights Upon Return from Military Leave
Upon returning from military leave, employees in California are entitled to be reinstated in their jobs with the same pay, benefits, and terms and conditions of employment as if they had never left for service, provided they return or apply for reemployment in a timely manner after the conclusion of their service. This includes protection from termination except for cause, under certain conditions, for a period after their return.
Differential Pay and Benefits
- Some employers in California may offer differential pay for employees on military leave, which is the difference between their military pay and their civilian pay, though this is not required by law.
- Health benefits may also be extended for a period during military leave, depending on the length of the leave and the employer’s policies.
California’s laws aim to ensure that individuals who serve in the military can do so without losing their civilian employment rights and benefits, recognizing their contribution and providing support for their service. Employees who believe their rights have been violated can seek assistance from the California Department of Fair Employment and Housing (DFEH), the U.S. Department of Labor, Veterans’ Employment and Training Service (VETS), or consult with a legal professional for guidance and representation.
