California Military and Veterans Code

§ 395.06

MVC § 395.06 Effective Jan 1, 2025Div. 2 · Part 1 · Ch. 7

Statute text

(a)A private employer shall consider a former employee who meets the requirements of subdivision (b) as having been on a leave of absence during any period of the former employee’s active service in the National Guard of any state, and is subject to both of the following:

(1)If the former position was a full-time position, and not a temporary position, the former employer shall 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, and shall not discharge the former employee from the position without cause within one year after restoring them to the position.

(2)If the position was a part-time position and not a temporary position, the former employer shall restore the former employee to the former position, or to a position of similar seniority, status, and pay, if any exists, and shall not discharge the former employee from the position without cause within one year after restoring them to the position.

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Legislative history

Amended by Stats. 2024, Ch. 129, Sec. 34. (SB 1097) Effective January 1, 2025.