reglab/statecodes huggingface dataset:
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 5 - Compensation, Allowance, and Insurance › ARTICLE 2 - Organization Allowances › Section 333.

333. No claim shall be allowed under this article except upon vendors’ invoices or demand made quarterly in duplicate, signed and sworn to by the officer claiming the same, before any officer of the National Guard or Naval Militia, or notary public, and forwarded through the headquarters of the regiment, coast artillery corps, separate battalion, or next higher unit, or separate squadron, with the approval of each commanding officer through whose headquarters they are required to pass, direct to The Adjutant General.
(Amended by Stats. 1945, Ch. 1183.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 5 - Compensation, Allowance, and Insurance › ARTICLE 3 - Casualty Insurance › Section 340.

340. (a) Subject to Section 340.1, whenever any officer, warrant officer, or enlisted member of the California National Guard, the organized militia, or the unorganized militia, when called into the active service of the state, pursuant to Section 142, 143, or 146, is wounded, injured, disabled, or killed in the active service of the state in the line of duty, the member or the member’s dependents shall receive compensation under Division 4 (commencing with Section 3201) of the Labor Code. For these purposes, the member is deemed to be an employee of the state. The compensation shall be based on the member’s average income from all sources during the year immediately preceding the date of wounding, injury, death, or the commencement of disability and shall not exceed the maximum prescribed in Division 4 (commencing with Section 3200) of the Labor Code.
(b) For the purposes of this article, any officer, warrant officer, or enlisted member performing military duty of any nature pursuant to Title 32 or Title 10 of the United States Code shall not be entitled to benefits described in subdivision (a) or in Section 340.1.
(c) Notwithstanding subdivision (a), any officer, warrant officer, or enlisted member on full-time active duty with the Office of the Adjutant General who suffers disability or death in the line of duty from either injury or disease is entitled to receive, from the state, benefits or compensation for that disability or death comparable to that provided to members of the United States armed forces on active duty.
(Amended by Stats. 2006, Ch. 538, Sec. 496. Effective January 1, 2007.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 5 - Compensation, Allowance, and Insurance › ARTICLE 3 - Casualty Insurance › Section 340.1.

340.1. (a) Any officer, warrant officer, or enlisted member of the California National Guard, the organized militia, or the unorganized militia, when called into the active service of the state, pursuant to Sections 142, 143, or 146, except an officer, warrant officer, or enlisted member on full-time duty with the Office of the Adjutant General, who is wounded, injured, or disabled in the active service of the state in the line of duty shall be retained on active duty and shall receive regular military pay and allowances for not to exceed 52 weeks from the date of wounding, injury, or disability, regardless of the date of expiration of the period of state active duty, unless any of the following occurs:
(1) The member becomes entitled to disability compensation through any private or other public employer.
(2) The member is able to return to his or her regular civilian employment, as determined by proper authority.
(3) The member requests an earlier release from active duty.
(b) A member who has received benefits under subdivision (a) and who is unable to return to his or her regular civilian employment following 52 weeks after the date of wounding, injury, or disability is entitled to compensation under Division 4 (commencing with Section 3201) of the Labor Code, pursuant to Section 340.
(Amended by Stats. 1993, Ch. 287, Sec. 2. Effective January 1, 1994.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 5 - Compensation, Allowance, and Insurance › ARTICLE 3 - Casualty Insurance › Section 340.2.

340.2. Any officer, warrant officer, or enlisted member of the California National Guard, the organized militia, or the unorganized militia, when called into the active service of the state, pursuant to Sections 142, 143, or 146, who, while in that active service, is transferred by the California National Guard or other military authority to any other state or local agency for purposes of fulfilling active service requirements pursuant to either a mutual aid agreement or an interagency agreement and is wounded, injured, or disabled in the line of duty, is entitled to the benefits provided under Section 340.1.
(Amended by Stats. 1993, Ch. 287, Sec. 3. Effective January 1, 1994.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 5 - Compensation, Allowance, and Insurance › ARTICLE 3 - Casualty Insurance › Section 341.

341. In the determination of the benefits to be awarded any member of the militia or his dependents under the provisions of Section 340, it shall be conclusively presumed that the average yearly earning of such injured or deceased member is not less than two thousand five hundred dollars ($2,500). Any injury, death, or disability shall be deemed to have been suffered in line of duty unless the same resulted from misconduct or disobedience of lawful orders by the injured or deceased member.
(Amended by Stats. 1952, 1st Ex. Sess., Ch. 22.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 5 - Compensation, Allowance, and Insurance › ARTICLE 3 - Casualty Insurance › Section 342.

342. The appeals board is empowered to hear and determine all issues concerning any obligation of the State of California to provide to any officer, warrant officer, or enlisted person on active duty with the Office of the Adjutant General any rights or benefits provided in Section 3, Public Law 108, Chapter 225, 81st Congress, First Session, and any and all issues arising under or in connection with that law. In doing so, the appeals board shall follow the same procedures in all respects as are provided in Division 4 (commencing with Section 3200) of the Labor Code for the determination of workers’ compensation claims. The orders, decisions, and awards of the appeals board issued in exercising this jurisdiction are subject to review and rehearing in the manner provided in Sections 5900 to 5956, inclusive, of the Labor Code.
(Amended by Stats. 2018, Ch. 118, Sec. 29. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 5 - Compensation, Allowance, and Insurance › ARTICLE 4 - State Militia Disability Equality Act › Section 345.

345. This article shall be known and may be cited as the State Militia Disability Equality Act.
(Added by Stats. 2005, Ch. 319, Sec. 2. Effective January 1, 2006.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 5 - Compensation, Allowance, and Insurance › ARTICLE 4 - State Militia Disability Equality Act › Section 346.

346. (a) When any officer, warrant officer, or enlisted member of the California National Guard or the organized militia who is not in active service in this state is wounded, injured, or disabled in the line of duty when performing military duty of any nature under Title 10 or Title 32 of the United States Code, the Military Department shall determine both of the following amounts:
(1) The amount of disability benefits to which a member of the United States Armed Forces of the same or equivalent rank would be entitled from the federal government as a result of a comparable wound, injury, or disability.
(2) The amount of disability benefits to which the officer, warrant officer, or enlisted member is entitled from the federal government as a result of the wound, injury, or disability.
(b) If the Military Department determines that the amount described in paragraph (1) of subdivision (a) is greater than the amount described in paragraph (2) of subdivision (a), that department shall, upon an appropriation of funds to the department by the Legislature for this purpose, provide to the officer, warrant officer, or enlisted member an amount equal to the difference between those two amounts.
(Added by Stats. 2005, Ch. 319, Sec. 2. Effective January 1, 2006.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 360.

360. The system of discipline and exercise of the National Guard, unorganized militia when called into the service of the State, and the Naval Militia shall conform generally to that of the Army of the United States, the United States Navy and the United States Air Force, and to the provisions of the laws of the United States, except as otherwise provided in this code.
(Amended by Stats. 1949, Ch. 612.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 361.

361. All matters relating to the organization, discipline, and government of the National Guard, the unorganized militia when called into the service of the State, and Naval Militia not otherwise provided for in this code or in the general regulations, shall be decided by the custom and usage of the United States Army, United States Air Force and United States Navy.
(Amended by Stats. 1949, Ch. 612.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 362.

362. All commanding officers shall be responsible to their immediate commanders for the equipment, drill, instruction, movements, and efficiency of their respective commands.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 363.

363. Every officer and enlisted person shall be responsible to the officer under whose immediate command he or she serves for prompt and unhesitating obedience to lawful orders, faithful performance of duty, and the preservation and proper use of the property in his or her possession that belongs to the United States, the State of California, or the appropriate military organization. Each officer and enlisted person shall at all times, without equivocation, obey the lawful orders of his or her superior officers.
(Amended by Stats. 2018, Ch. 118, Sec. 30. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 364.

364. Any officer or enlisted person of the National Guard or Naval Militia who willfully fails to attend any parade or encampment, or who neglects or refuses to obey the lawful command of his or her superior officer on any day of parade or encampment, or who fails to perform any military duty that may be lawfully required of him or her, or who uses disrespectful language toward his or her superior officer or commits any act of insubordination, is guilty of a misdemeanor.
(Amended by Stats. 2018, Ch. 118, Sec. 31. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 365.

365. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, or in any emergency or under the provisions of Sections 128, 143, or 146 of this code, and is placed under the temporary direction of any civil officer, it shall obey the orders of such civil officer which extend only to the direction of the general or specific object to be accomplished. The tactical direction of the troops, the kind and extent of force to be used, and the particular means to be employed to accomplish the object specified by the civil officer are left solely to the commanding officer of the active militia on duty or to the commanding officer of the unorganized militia called to the service of the State.
(Amended by Stats. 1947, Ch. 393.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 366.

366. Whenever any portion of the National Guard, or of the unorganized militia when called into the service of the State, or Naval Militia is called into active service to suppress an insurrection or rebellion, to disperse a mob, or in an emergency or in any of the cases provided for in Sections 128, 143, or 146 of this code, or to enforce the execution of the laws of the State or of the United States, the commanding officer shall use his own discretion with respect to the propriety of attacking or firing upon any mob or unlawful assembly, or of attacking or using fire power in the military situation present. His honest and reasonable judgment in the exercise of his duty shall be full protection, civilly and criminally, for any act or acts done while on duty.
(Amended by Stats. 1947, Ch. 155.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 367.

367. No officer who is called out to sustain the civil authorities shall, under any pretense, or in compliance with any order, fire blank cartridges upon any mob or unlawful assemblage, under penalty of being dismissed.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 368.

368. Each company, troop, squadron, battery, detachment, and unit shall assemble for drill and instruction, including indoor target practice, not less than forty-eight times each year unless excused by the Governor or other competent authority, and shall in addition thereto participate in encampments, maneuvers, or other exercises, including outdoor target practice, for at least fifteen consecutive days in each year unless excused by competent authority.
In addition to those drills and periods of duty above specified the commanding officer of any unit may require the officers and enlisted persons of his or her command to meet for parade, drill, and instruction at the times and places as he or she may appoint.
(Amended by Stats. 2018, Ch. 118, Sec. 32. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 369.

369. No parade or drill of the active militia shall be ordered in time of peace for any day during which any general election is held, nor shall any organization of the active militia drill or parade on the day during which an election is held at the place where the organization is stationed, except in cases of riot, invasion, insurrection, or imminent danger thereof, or in cases of public calamity or catastrophe.
(Amended by Stats. 1949, Ch. 536.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 372.

372. Officers and enlisted persons may be warned for duty by stating the substance of the order, by reading the order to the person warned, by delivering a copy of the order to that person, by leaving a copy of the order at the last known place of abode or business of that person with some person of the age of discretion, or by sending a copy of the order or its substance to that person by registered mail directed to the enlisted person at his or her last known place of abode or business or to the post office nearest thereto.
In addition to or in lieu of the foregoing, notice may be given by posting a copy of the order at the entrance to the nearest post office to the military or naval headquarters issuing the order, at the entrances of the city hall or county courthouse of the city or county where the headquarters are located, and by causing a copy of the warning order to be published in a newspaper of general circulation in that county.
(Amended by Stats. 2018, Ch. 118, Sec. 33. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 373.

373. The person giving the warning for duty shall make a return thereof containing the names of the persons warned and the time, place, and the manner of the warning. The return shall be verified by his oath. Such verified return shall be as good evidence of the facts therein stated on the trial of any person returned as a delinquent as if the person making such return were present and testified.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 374.

374. Every commanding officer shall report to The Adjutant General the name of every delinquent together with a full report of any extenuating circumstances.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 6 - Discipline and Exercise › Section 375.

375. Officers and enlisted persons of the active militia not in the service of the United States shall be subject to and governed by this code while outside this state under the order or authorization of the Governor under Section 142 in like manner and to the same extent as when on duty within this state under orders of the Governor. Military courts may be convened and held outside the state with the same jurisdiction and power of punishment as if held within the state. Offenses and delinquencies committed outside the state may be tried and punished either within or without the state after the termination of the duty.
(Amended by Stats. 2018, Ch. 118, Sec. 34. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 389.

389. (a) As used in this chapter, “temporary military leave of absence” means a leave of absence from public employment to engage in ordered military duty for a period which by the order is not to exceed 180 calendar days including travel time for purposes of active military training, encampment, naval cruises, special exercises or like activity as a member of the reserve corps or force of the armed forces of the United States, or the National Guard, or the Naval Militia.
(b) “Public employee” means any officer or employee of a public agency, except for those officers or employees of the state subject to the provisions of Chapter 11 (commencing with Section 19770) of Part 2 of Division 5 of Title 2 of the Government Code.
(c) “Public agency” means the state, or any county, city and county, city, municipal corporation, school district, irrigation district, water district, or other district.
(d) “Armed forces” or “armed forces of the United States” means the “armed forces” as defined in Section 18540 of the Government Code.
(e) “Recognized military service” means service as defined in Section 18540.3 of the Government Code.
(Amended by Stats. 1973, Ch. 174.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 390.

390. No person belonging to or on duty with the active militia of the state, or engaged in the performance of military duty on call of the Governor or in pursuance of an order of the President of the United States shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty.
(Amended by Stats. 1967, Ch. 1188.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 391.

391. Every member of the active militia shall be exempt from road tax and head tax of every description, from jury duty (including service on coroners’ juries) except that members of the National Guard who are not on active duty shall not be exempt from jury duty in any noncriminal proceeding, and from service on any posse comitatus, if the member furnishes the certificate of his or her immediate commanding officer that the member has performed the duties required of him or her for the year immediately preceding a summons to act as juror or during the period of the member’s service if less than one year.
(Amended by Stats. 1994, Ch. 114, Sec. 46. Effective January 1, 1995.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 392.

392. (a) Members of the militia in the active service of the state shall not be liable civilly or criminally for any act or acts done by them in the performance of their duty.
(b) Subdivision (a) shall not apply to any act or acts by members of the militia in the active service of the state done by them outside the performance of their military duty, including, but not limited to, sexual assault, as defined in Section 470.5, and sexual harassment, as defined in Section 475.
(Amended by Stats. 2021, Ch. 183, Sec. 3. (SB 352) Effective January 1, 2022.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 393.

393. (a) In an action or proceeding of any nature commenced in any court against an active member of the militia or a member of the militia in active service in pursuance of an order of the President of the United States as a result of a state emergency for an act done by such member in an official capacity in the discharge of duty, or an alleged omission to do an act which it was the member’s duty to perform, or against any person acting under the authority or order of an officer or by virtue of a warrant issued by an officer pursuant to law:
(1) The defendant in all cases may make a general denial and give special matter in evidence.
(2) A defendant in whose favor a final judgment is rendered in any such action or proceeding shall recover treble costs.
(b) The Attorney General shall defend such active member or person where the action or proceeding is civil. The senior judge advocate on the state staff or one of the judge advocates shall defend such active member or person where the action or proceeding is criminal, and the Adjutant General shall designate the senior judge advocate on the state staff, or one of the judge advocates, to defend such active member or person.
(c) In the event such active member or person is not indemnified by the federal government, Section 825 of the Government Code shall apply to such active member or person.
(Amended by Stats. 1980, Ch. 114.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 394.5.

394.5. Any employee of any corporation, company, or firm, or other person, who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the Naval Militia shall be entitled to a temporary leave of absence without pay while engaged in military duty ordered for purposes of military training, drills, encampment, naval cruises, special exercises or like activity as such member, providing that the period of ordered duty does not exceed 17 calendar days annually including time involved in going to and returning from such duty.
(Added by Stats. 1957, Ch. 469.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.

395. (a) Any public employee who is a member of the reserve corps of the Armed Forces of the United States or of the National Guard or the Naval Militia is entitled to a temporary military leave of absence as provided by federal law while engaged in military duty ordered for purposes of active military training, inactive duty training, encampment, naval cruises, special exercises or like activity, providing that the period of ordered duty does not exceed 180 calendar days, including time involved in going to and returning from that duty.
(b) Notwithstanding subdivision (a), a local public agency may, but is not required to, provide paid military leave of absence for periods of inactive duty training.
(c) The employee has an absolute right to be restored to the former office or position and status formerly had by him or her in the same locality and in the same office, board, commission, agency, or institution of the public agency upon the termination of temporary military duty. If the office or position has been abolished or otherwise has ceased to exist during his or her absence, he or she shall be reinstated to a position of like seniority, status, and pay if a position exists, or if no position exists the employee shall have the same rights and privileges that he or she would have had if he or she had occupied the position when it ceased to exist and had not taken temporary military leave of absence.
(d) Any public employee who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the date upon which a temporary military leave of absence begins, shall receive the same vacation, sick leave, and holiday privileges and the same rights and privileges to promotion, continuance in office, employment, reappointment to office, or reemployment that the employee would have enjoyed had he or she not been absent therefrom; excepting that an uncompleted probationary period, if any, in the public agency, must be completed upon reinstatement as provided by law or rule of the agency. For the purposes of this section, in determining the one year of service in a public agency all service of the employee in recognized military service shall be counted as public agency service.
(e) If this section is in conflict with a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the memorandum of understanding requires the expenditure of funds, it shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 2000, Ch. 928, Sec. 1. Effective January 1, 2001.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.01.

395.01. (a) Any public employee who is on temporary military leave of absence for military duty ordered for purposes of active military training, inactive duty training, encampment, naval cruises, special exercises, or like activity as such member, provided that the period of ordered duty does not exceed 180 calendar days including time involved in going to and returning from the duty, and who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day on which the absence begins, is entitled to receive his or her salary or compensation as a public employee for the first 30 calendar days of any such absence. Pay for those purposes may not exceed 30 days in any one fiscal year. For the purposes of this section, in determining the one year of public agency service, all service of a public employee in the recognized military service shall be counted as public agency service.
(b) Notwithstanding subdivision (a), a local public agency may, but is not required to, pay an employee during a period of inactive duty training.
(c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4, of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 2000, Ch. 928, Sec. 2. Effective January 1, 2001.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.02.

395.02. Every officer and employee of a public agency who is on military leave other than temporary military leave of absence who has been in the service of such public agency for a period of not less than one year immediately prior to the date on which the absence begins shall be entitled to receive his salary or compensation as such officer or employee for the first 30 calendar days while engaged in the performance of ordered military duty.
As used in this section only, the terms “officer” and “employee” mean an officer or employee who
(a) Is ordered into active military duty as a member of a reserve component of the armed forces of the United States;
(b) Is ordered into active federal military duty as a member of the National Guard or Naval Militia; or
(c) Is inducted, enlists, enters or is otherwise ordered or called into active duty as a member of the armed forces of the United States.
(Added by Stats. 1951, Ch. 1561.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.03.

395.03. No more than the pay for a period of 30 calendar days shall be allowed under the provisions of Section 395.01 or 395.02 for any one military leave of absence or during any one fiscal year, except as otherwise authorized by resolution of the legislative body of a public agency or as provided in a memorandum of understanding reached with an employee organization pursuant to Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code.
(Amended by Stats. 2000, Ch. 928, Sec. 3. Effective January 1, 2001.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.04.

395.04. During the time that as an officer or enlisted person of the California National Guard, who is on full-time active duty in the military service of the state, and is engaged, with the approval of the Adjutant General, in the military service of the state in attendance at drills, camps, or special exercises, sponsored by federal authority or by the United States Department of Defense, as a member of the National Guard of the United States, he or she shall receive salary, pay, and compensation as provided in Sections 320 and 321.
(Amended by Stats. 2018, Ch. 118, Sec. 35. (SB 1501) Effective January 1, 2019.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.05.

395.05. (a) Any public employee who is a member of the National Guard, shall be entitled to absent himself from his duties or service, without regard to the length of his public service, while engaged in the performance of ordered military or naval duty and while going to and returning from such duty, provided such duty is performed during such time as the Governor may have issued a proclamation of a state of extreme emergency or during such time as the National Guard may be on active duty in one or more of the situations described or included in Section 146 of this code provided such absence does not exceed the duration of such emergency. During the absence of such officer or employee while engaged in such military service during such emergency and while going to and returning from such duty, and for a period not to exceed 30 calendar days, he shall receive his salary or compensation as such officer or employee and shall not be subjected by any person directly or indirectly by reason of such absence to any loss or diminution of vacation or holiday privilege or be prejudiced by reason of such absence with reference to promotion or continuance in office, employment, reappointment to office, or reemployment.
(b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(Amended by Stats. 1979, Ch. 1072.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.07.

395.07. (a) In addition to the benefits provided pursuant to Sections 395.01 and 395.02, any officer or employee of the legislative, executive, or judicial department of the state, who, as a member of the California National Guard or a United States Military Reserve organization, is called into active duty as a result of the Iraq-Kuwait crisis on or after August 2, 1990, shall have the benefits provided for in subdivision (b).
(b)  Any officer or employee to which subdivision (a) applies, while on active duty, shall, with respect to active duty served on or after August 2, 1990, receive from the state, for a period not to exceed 180 calendar days, as part of his or her compensation, both of the following:
(1) The difference between the amount of his or her military pay and allowances and the amount the officer or employee would have received as a state officer or employee, including any merit raises which would otherwise have been granted during the time the individual was on active duty.
(2) All benefits which he or she would have received had he or she not been called to active duty unless the benefits are prohibited or limited by vendor contracts.
(c) Any individual receiving compensation pursuant to subdivision (b) who does not return to state service within 60 days of being released from active duty shall have that compensation treated as a loan payable with interest at the rate earned on the Pooled Money Investment Account. This subdivision shall not apply to compensation received pursuant to Section 395.02.
(d) This section shall not apply to any active duty served voluntarily after the close of the Iraq-Kuwait crisis.
(Amended by Stats. 1991, Ch. 138, Sec. 2. Effective July 22, 1991.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.2.

395.2. Any employee of a board of school trustees or board of education in a position not requiring certification qualifications who enters the active military service of the United States of America or of the State of California, including active service in any uniformed auxiliary of, or to, any branch of such military service created or authorized as such auxiliary by the Congress of the United States of America or by the Legislature of the State of California, or in the full time paid service of the American Red Cross, during any period of National emergency declared by the President of the United States of America or during any war in which the United States of America is engaged, shall regain all rights to his position and shall be reinstated thereto upon his application at any time within six months of the termination of that service, but in any event within one year from the date of a treaty of peace terminating the hostilities in which the United States is now engaged. The provisions of this act shall apply to service in the Merchant Marine as that phrase is now defined in any Federal statute relating to reemployment rights of persons in service in the Merchant Marine.
(Amended by Stats. 1946, 1st Ex. Sess., Ch. 32.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.4.

395.4. Whenever the United States is engaged in war or whenever the Governor finds and proclaims that an emergency exists in preparing for the National defense, any employee or officer, other than an elected officer, of a county, city, political subdivision, school, irrigation, public district, or other local authority or public body whatsoever who enters the armed forces of the United States shall be entitled to a leave of absence for service with such armed forces for the duration of the war or until the Governor finds and proclaims that the emergency no longer exists, and for 90 days thereafter, or until 90 days after the termination of such service.
(Added by Stats. 1941, Ch. 82.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.5.

395.5. (a) The Military Department shall comply with the provisions of Section 4301 of Title 38 of the United States Code, the Uniformed Services Employment and Reemployment Rights Act (USERRA).
(b) For purposes of USERRA, Military Department personnel who are on state active duty and are deployed, mobilized, or otherwise subject to any federal active service under voluntary or involuntary conditions, shall be considered employees and provided the same federal reemployment protections and benefits given to other employees under USERRA.
(Added by Stats. 2006, Ch. 680, Sec. 2. Effective January 1, 2007.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.6.

395.6. (a) The Governor may appoint a mediator in his or her office to take complaints, regarding possible violations or other issues dealing with the Uniformed Service Employment and Reemployment Rights Act (38 U.S.C. Sec. 4301 et seq.), hereafter USERRA, and Section 395.06, and to resolve and coordinate the resolution of those complaints or issues, from state employees who satisfy both of the following:
(1) Are members of either of the following:
(A) The California National Guard.
(B) A reserve component of the Armed Forces of the United States.
(2) Encounter problems regaining their state position when they return from service in the California National Guard or from service in a reserve component of the United States Armed Forces.
(b) Each state agency and department may appoint a mediator to take complaints, regarding possible violations of USERRA and other issues relating to state pay, and to resolve and coordinate the resolution of those complaints with, if necessary, the assistance of the Governor-appointed ombudsman, from employees of that department or agency who are members of either the California National Guard or a reserve component of the Armed Forces of the United States.
(c) Mediators appointed under the provisions of subdivisions (a) and (b) shall become knowledgeable about USERRA law and, to the extent possible, work with the California Committee for Employer Support of the Guard and Reserve, a Department of Defense organization, and the California National Guard.
(Added by Stats. 2008, Ch. 642, Sec. 1. Effective January 1, 2009.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.8.

395.8. Any officer, elective or otherwise, who leaves or shall have left the service of any city in order to enter upon active service with the armed forces of the United States shall be reinstated and restored to his office upon his discharge or release from such active service with the armed forces; provided, such discharge or release is prior to the expiration of the term for which he has been elected or appointed.
The rights created by this section shall have no application to any officer who shall have been dishonorably discharged or released from such armed forces, or shall have been so mentally or physically disabled as to be incapable of performing the duties of his office or shall fail to present himself to the legislative body or other appointing authority of such city ready and willing to assume the duties of his office, within six months from the time of his discharge or release from active service with the armed forces.
The office from which such officer absents himself to enter upon active service with the armed forces shall not be considered to be vacant but the legislative body or other appointing authority, as the case may be, may appoint an officer to temporarily replace any such officer so absenting himself to enter upon active service with the armed forces. Such temporary officers shall have all of the powers and duties of the office to which he may be temporarily appointed and shall hold said office until the expiration of the term thereof or until the officer returns from service with the armed forces, whichever event first occurs.
(Amended by Stats. 1946, 1st Ex. Sess., Ch. 32.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.9.

395.9. Any public employee and any employee of a corporation, company, firm, or other person who is a member of the State Guard is entitled to a temporary military leave of absence without pay while engaged in military duty for purposes of military training, drills, unit training assemblies, or similar inactive duty training for not to exceed 15 calendar days annually, including time involved in going to and returning from that duty.
(Amended by Stats. 2020, Ch. 97, Sec. 22. (AB 2193) Effective January 1, 2021.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 395.10.

395.10. (a) Notwithstanding any other provision of law, a qualified employer shall allow a qualified employee to take up to 10 days of unpaid leave during a qualified leave period.
(b) For purposes of this section:
(1) “Period of military conflict” means either of the following:
(A) A period of war declared by the United States Congress.
(B) A period of deployment for which a member of a reserve component is ordered to active duty pursuant to either of the following:
(i) Sections 12301 and 12302 of Title 10 of the United States Code.
(ii) Title 32 of the United States Code.
(2) “Qualified employee” means a person who satisfies all of the following:
(A) Is the spouse of a qualified member.
(B) Performs service for hire for an employer for an average of 20 or more hours per week, but does not include an independent contractor.
(C) Provides the qualified employer with notice, within two business days of receiving official notice that the qualified member will be on leave from deployment, of his or her intention to take the leave provided for in subdivision (a).
(D) Submits written documentation to the qualified employer certifying that the qualified member will be on leave from deployment during the time the leave provided for in subdivision (a) is requested.
(3) “Qualified employer” includes any individual, corporation, company, firm, state, city, county, city and county, municipal corporation, district, public authority, or any other governmental subdivision, that employs 25 or more employees.
(4) “Qualified member” means a person who is any of the following:
(A) A member of the Armed Forces of the United States who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States.
(B) A member of the National Guard who has been deployed during a period of military conflict.
(C) A member of the Reserves who has been deployed during a period of military conflict.
(5) “Qualified leave period” means the period during which the qualified member is on leave from deployment during a period of military conflict.
(c) A qualified employer shall not retaliate against a qualified employee for requesting or taking the leave provided for in this section.
(d) The leave provided for in this section shall not affect or prevent a qualified employer from allowing a qualified employee to take a leave that the qualified employee is otherwise entitled to take.
(e) This section shall not affect a qualified employee’s rights with respect to any other employee benefit provided for in other laws.
(Added by Stats. 2007, Ch. 361, Sec. 1. Effective October 9, 2007.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 396.

396. The commanding officer of any portion of the militia parading or performing any military duty in any street or highway may require persons in such street or highway to yield the right of way to such militia, except that the carriage of the United States mail, the legitimate functions of the police, and the progress and operations of hospital ambulances, fire engines, and fire departments and apparatus shall not be interfered with thereby.
Any person who hinders, delays, or obstructs any portion of the militia parading or performing any military duty, or who attempts so to do, is guilty of a misdemeanor.
(Enacted by Stats. 1935, Ch. 389.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 2 - THE MILITARY FORCES OF THE STATE › PART 1 - THE STATE MILITIA › CHAPTER 7 - Privileges and Penalties › Section 397.

397. When an emergency has been declared to exist by the Governor and during the continuance thereof, any person belonging to the military or naval forces of the State or of the United States shall, together with his conveyance, personal baggage, and the military property of the State or of the United States in his charge, be allowed to pass free through all tollgates and over all toll bridges and all ferries, if he presents an order for duty in the military or naval service of the State or of the United States. The provisions of this section do not apply to any tollgate, toll bridge or ferry owned or operated by any private individual, corporation or utility, or owned or operated by any municipal corporation or bridge and highway district.
(Amended by Stats. 1945, Ch. 791.)