Peters

Dr. John Peters appeals from a judgment on the pleadings entered against him in his action for declaratory relief against the State of California. Dr. Peters contends that Government Code section 19775.1 which entitles a state employee to compensation “for the first 30 calendar days of active duty served” on military leave means that he is entitled to be paid for 30 times 8 hours or 240 hours per year. We agree with the interpretation of the statute by the State of California and the trial court to the effect that the employee is entitled to his regular pay that he would otherwise have received during a period of 30 calendar days and we therefore affirm the judgment.

Dr. Peters is employed full time by the State of California, Department of Health Services, as a medical consultant. He also serves as a colonel in the United States Air Force Reserve. During fiscal year 1981 and 1982 he took 390 hours of military leave and was paid his regular state salary in addition to the military pay for all 390 hours. During the fiscal year 1982-1983 he took 180 hours on military leave and was paid for all 180 hours. In May 1983 respondent State of California realized its error and…