All employees are eligible for military leave. If an employee is required to report for active military duty in any branch of the United States armed forces, the employee is entitled to receive up to 30 days of paid military leave for emergency, temporary and/or indefinite assignments in a fiscal year upon meeting eligibility criteria, if required. Any CSU employee who takes a leave of absence to enter military service is required to submit official military documents regarding the leave to the appropriate administrator.
The 30 day paid leave entitlement for temporary military leave is considered separate from the paid entitlement for an emergency or indefinite military leave.
CSU employees ordered to the following types of military leave are eligible for CSU pay:
If an employee ordered for active military training, inactive duty training, encampment, naval exercises, special exercises, or the like, has at least one year of state service immediately prior to the date on which the leave begins, he/she is entitled to receive normal salary for up to 30 calendar days. Pay for temporary military leave may not exceed a total of 30 calendar days in any one fiscal year. (California Military and Veterans (M & V) Code Section 395.01(a)).
If an employee who is inducted, enlists, or is ordered into active military duty has at least one year of state service immediately prior to the date on which the leave begins, he/she is entitled to receive normal salary for up to 30 calendar days. Pay for indefinite military leave may not exceed a total of 30 calendar days in any one fiscal year. (M & V Code Section 395.02).
An employee who is a member of the National Guard ordered to active duty during a proclaimed state or national emergency is entitled to receive normal salary for up to 30 calendar days for each proclamation of emergency that may be issued. There is no state service requirement in order to receive CSU pay while on emergency military leave, but the leave may not exceed the duration of the emergency (M & V Code Section 395.05). An employee is entitled to payment for each emergency regardless of the number of emergencies declared. The last emergency proclamation ended on September 13, 2003 (83 Ops. Cal. Atty. Gen. 148 (2000)).
The laws govern military leave for non-represented and represented employees, but may be superseded by current memorandum of understanding (MOU) for represented employees.