USERRA: California

Federal law and guidance on this subject should be reviewed together with this section.

Author: Laura P. Worsinger, Dykema

Summary

• The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that gives leave rights to eligible public and private employees with military obligations. See California Military Leave.
• All employers located in California are required to comply with state law and provide eligible employees with an unpaid temporary military leave of absence. See California's Military and Veterans Code.
• Employers with 16 or more employees must provide eligible employees with an unpaid Civil Air Patrol leave of absence of not less than 10 days per year, beyond any leave benefits otherwise available to employees. See Civil Air Patrol Leave.
• In California, under certain circumstances, covered employers must provide a leave of absence to eligible employees whose spouse is on leave from deployment during a qualified leave period. See California Family Military Leave Law.
• Employers should maintain documentation of any impending military leaves and train managers on documentation requirements. See Documentation.
• San Francisco has requirements pertaining to supplemental compensation for covered employees while on leave for covered military duty. See Local Requirements.