Opinion No. (2000)

BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General THE CALIFORNIA NATIONAL GUARD, DEPARTMENTS OF THE ARMY AND THE AIR FORCE, has requested an opinion on the following question: Is a local public agency required to pay an employee who is a member of the California National Guard for the first 30 days of any declared emergency in the state regardless of the number of emergencies declared during a particular fiscal year? CONCLUSION A local public agency is required to pay an employee who is a member of the California National Guard for the first 30 days of any declared emergency in the state regardless of the number of emergencies declared during a particular fiscal year. ANALYSIS The Legislature has enacted a comprehensive statutory scheme (Mil. Vet. Code, §§ 389 - 399.5 ) 1 governing the rights and privileges of local public employees who are ordered to active military service in the armed forces of the United States, the California National Guard, and the California Military Reserve. The question presented for analysis concerns whether a local public employee is entitled to paid leave for the first 30 days of emergency duty regardless of the number of…