Opinion of Att’y Gen. Bill Lockyer, No. 02-213, 2003 WL 174019 (Jan. 24, 2003)

In this opinion, the California Attorney General determined that employees who are residents of and employed in California are not entitled to the employment-related benefits established under California Military & Veterans Code § 395.05 for leaves of absence occasioned by service in another state’s militia. The Attorney General observed that the federal Uniformed Services Employment and Reemployment Rights Act applies only to periods of federal military service. Additionally, the Attorney General concluded that the 30 calendar days of benefits mandated under the state statute consist of the number of hours the employee would ordinarily work during that period. Therefore, for a nonexempt employee who ordinarily works 40 hours each week, “30 calendar days” consist of 21.5 working days or 172 working hours. For a “salaried worker,” the monthly compensation would be multiplied by the number of days of military leave divided by 30.