It is Department of General Services' (DGS) policy to comply with Government Code (GC) sections 19770 – 19786 and Federal statute. In some instances the Federal and State statutes provide different benefits. To comply with both Federal and State statutes, which ever statute provides the greatest benefit, shall prevail.


The following table gives you the State’s compensation based on the type of orders received:

Reservists or
National Guard
Active military orders pursuant to GC sections 19775 or 19775.1 30 calendar days of military leave with pay in a fiscal year
Active military orders pursuant to 19775.18, fighting the War on Terrorism Difference between their military and State pay and benefits for a period not to exceed 365 calendar days in addition to the 30 calendar days provided under current statutes that govern military leave
National Guard Active military orders for State emergencies pursuant to GC section 19773 30 calendar days of State emergency military leave with pay for each occurrence

Definitions and Qualifications for Payment

The table below defines the three types of leave and qualifications for payment.

Short-term GC section 19775 provides 30 calendar days of pay to State employees who receive active military duty orders for more than six months Must have at least 12 qualifying pay periods of State Service or a combination of active military duty and State service to equal at least one year immediately prior to effective date of military orders
Long-term GC section 19775.1 provides 30 calendar days of pay to State employees who receive active military duty orders for six months or less Minimum one-year of State service immediately prior to the effective date of active military duty orders
State emergency military orders GC section 19775.1 provides 30 calendar days of pay to State employees who are members of the California National Guard, who receive active military orders for State emergencies pursuant to GC section 19773 Orders must be based on a Governor proclamation of State emergency; active duty order is governed by Military Veterans Code section (MVC) 143 or 146; the order is for one or more situations as contained in section 145 of MVC

employee benefits

An employee is entitled to continue his/her health, dental, and vision benefits through direct payment.

Health, Dental and Vision If the employee is not receiving a State pay warrant, these benefits are not being paid. The employee must request continuation of benefits by completing the military worksheet and ensure #9 is marked “yes”.
Flex Elect Employees enrolled in the Flex Elect program will continue to receive his/her cash option regardless of whether or not s/he is receiving an adjusted State warrant or opts to retain his/her military pay.
Pre-tax health premiums The pre-tax health premium is considered a benefit tied to health coverage and will be continued
Pre-tax reimbursement deductions

Deductions for medical and/or dependent care reimbursement accounts are considered voluntary deductions, which will be discontinued unless employees receive sufficient State pay to continue deduction

Note: All deductions will continue automatically when employee returns to full pay-status.

Supervisor/manager Life Insurance and Long-term Disability

Life insurance policies exclude any payment while the employee is on any active duty, other than “temporary” duty (e.g., two-week summer duty). The same exclusions apply to any supplemental coverage which may have been purchased by payroll deduction

Note: The employee is responsible for canceling voluntary deduction if s/he wishes to avoid paying premium without receiving the full benefit. Discontinuance of supplemental coverage would also include spousal/dependent coverage. If employee elects to discontinue these voluntary deductions, s/he will need to re-enroll upon reinstatement to State service before coverage can begin.

leave credits

An employee who has a right of return, crediting of vacation and sick leave, is determined by the type of military leave granted. The time spent on military leave is counted toward the accumulation of a higher vacation allowance.

probationary period and deep class range changes

An employee who is returning from a military leave will have his/her probationary period extended pursuant to State Personnel Board (SPB) Rule 321.

An employee who is returning from a military leave will have his/her service in the armed forces credited as experience toward meeting minimum qualifications for examinations and deep class alternate range criteria movement on exactly the same basis as if the employee had remained in the position held at the time s/he went on the military leave.

Example: An employee is a Staff Services Analyst Range A; the required time to move to Range B is six months. The employee is gone three months, s/he would only need to work in the range for three additional months to be eligible for his range change to Range B.

reconciliation of state pay

State pay needs to be reconciled on a month-to-month basis. It is often difficult to obtain copies of the military-issued leave and earning statements for employees who are called to active duty and receiving State issued supplemental pay pursuant to GC section 19775.18.

A military-issued leave and earning statement is needed for each month the employee received supplemental pay. In the event such verification is needed to reconcile the employee’s State pay with his/her military pay and allowances, departments may request verification from the employee’s military finance center. All requests for pay history must include:

  • Employee’s name
  • Social security number
  • Pay periods needed
  • Pre-addressed envelope

A return address should be included. The employee must also write a letter authorizing the release of pay information. This letter must contain an original signature, and must accompany the request.

The following is a listing of finance centers for each branch of the military. Requests for pay history records should be directed to one of these locations:

  • United States Marine Corps Pay Section, 1164 15th Street Camp Pendelton, CA 92055, (760) 725-5838
  • United States Army Defense Finance Accounting Service DFAS-IN MPO, Historical Records Branch Indianapolis, IN 46249-0865, (317) 542-2800
  • United States Air Force Defense Finance Accounting Service (DFAS), 6760 East Irvington Place Denver, CO 80279, (800) 346-0461
  • United States Navy Defense Finance and Accounting Service, 1240 East 9th Street Cleveland, OH 44199, (800) 346-3374

reinstatement from military leave

The following table gives the timeframe for returning from a military leave:

Short-term Limited term or temporary
30 days or less within 10 calendar days after termination of active military service or 30 calendar days after any rehabilitation
30+ days (not to exceed 180 days) within 14 calendar days after termination of active military service or 30 calendar days after any rehabilitation
Permanent or probationary Less than 30 days or up to 180 days within 14 calendar days after termination of active military service or 30 calendar days after any rehabilitation
Long-term Permanent, probationary, or exempt State employee More than 6 months, not to exceed 5 years except under special circumstances within 6 months after termination of active military service
Emergency Limited term or temporary within 10 calendar days after termination of active military service or 30 calendar days after termination of the State military emergency ordered by the Governor
Permanent or probationary within 10 calendar days after termination of active military service or 30 calendar days after termination of the State military emergency ordered by the Governor

The time period between the employee’s release from active military duty and reinstatement to State service is without pay.

Example: The employee’s orders are through 7/10/06, but employee doesn’t return until 7/15/06; employee will either have to charge 3 days of paid leave or will be docked for 3 days.

retirement credit and contributions

Retirement credit for military duty is provided under the provisions of GC sections 20990 and 20998. The State is responsible for the payment of the employer and employee contributions as prescribed in GC section 20990.

The credit toward retirement is applied when the employee returns from his/her military leave of absence, and the employer begins reporting payroll to California Public Employees’ Retirement System (CalPERS).

Note: For restoration of retirement credits, the employee must submit a request to CalPERS with a copy of his/her Department of Defense Form 214 (DD214) showing the dates of active military service.

Retirement contributions are deducted when the employee receives full pay for the first 30 days of military leave. The deduction will continue for those employees who remain on the payroll and use applicable leave credits following the first 30 calendar days pay provision.

Retirement contributions will NOT be deducted from the employee’s State issued supplemental pay while serving on the active military duty for the War on Terrorism. Pursuant to CalPERS GC section 20630, which defines compensation, CalPERS has determined such payments are not reportable for retirement purposes.

service credit (eligibility)

To be eligible for a non-compensated absence or a specially compensated absence, an employee must have the following:

  1. Granted a military leave or has resigned from employment for the purpose of entering active duty in the armed forces. 
  2. Entered active duty within 90 days after leaving employment; and returned to employment with the same agency, the State, or another agency contracting with CalPERS, within six months after discharge from active duty.

Note: Members who meet qualifications, but do not return to employment within six months, will not qualify for military leave credit, but may be eligible to purchase military service credit under other provisions of the law.

unpaid spousal leave

Effective October 10, 2007, 10 days of unpaid leave will be provided to eligible spouses of deployed military personnel while on a leave from military duty.

Who is eligible?
The spouse of a “qualified member” of the military who works an average of 20 or more hours per week.

Who’s a “Qualified Military Member”?
A member of the U.S. Armed Forces, National Guard or Reserves who has been deployed in support of an Operational Mission under Sections 12301 and 12302 of Title 10 of the United States Code or Title 32 of the United States Code.

What is qualified leave?

  • U.S. Armed Forces: a break during the deployment
  • National Guard or Reserves: during a mid-tour or end of tour leave during deployment

What’s a combat theater/zone?
A zone designated by the President by Executive Order.

What are current combat zones?

  • Adriatic Sea, Afghanistan, Albania, Arabian Sea
  • Bahrain, Federal Republic of Yugoslavia (Serbia/Montenegro)
  • Gulf of Aden, Gulf of Oman 
  • Ionian Sea – north of the 39th parallel
  • Iraq, Kuwait
  • Oman, Persian Gulf
  • Qatar, Red Sea 
  • Saudi Arabia, United Arab Emirates

How does the employee request leave?

  • Notify his/her employer of the intent to take leave within two business days of receiving official notice his/her spouse will be on leave from military deployment.
  • Certify the spouse’s leave from active duty is during the time the leave is requested.


Responsible Control Agencies

  • California Department of Human Resources
  • State Personnel Board

Laws and Regulations

  • Government Code section 18543, 19140, 19770-19776, 19780- 19786, 19991.8 & 19991.9 19997.5 & 1997.6, 20990-21013
  • Military and Veterans Code 143, 146, 389-398
  • SPB Rule 321, 322

Other Resource Materials