Opinion No. (2003)

BILL LOCKYER Attorney General ANTHONY S. DA VIGO Deputy Attorney General THE HONORABLE NELL SOTO, MEMBER OF THE CALIFORNIA SENATE, has requested an opinion on the following questions: 1. Are the Military and Veterans Code provisions granting employment related benefits during temporary military leaves of absence applicable to persons who seek leaves of absence for service in the militia of another state? 2. Under the Military and Veterans Code provisions relating to temporary leaves of absence for military duty, do 172 working hours constitute "30 calendar days"? CONCLUSIONS 1. The Military and Veterans Code provisions granting employment related benefits during temporary military leaves of absence are not applicable to persons who seek leaves of absence for service in the militia of another state. 2. Under the Military and Veterans Code provisions relating to temporary leaves of absence for military duty, "30 calendar days" consists of the number of working hours the employee would ordinarily work during the 30 calendar days. For a person who works 40 hours each week, 30 calendar days consists of 21.5 working days or 172 working hours. ANALYSIS The California Military Department…