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 State of California

M E M O R A N D U M

REFERENCE CODE:
2003-006

DATE:
January 23, 2003

TO:
Personnel Officers
Personnel Transactions Supervisors

FROM:
Department of Personnel Administration
Policy and Operations Division

SUBJECT:
Military Leave Extended Pay and Benefits for the War on Terrorism and a Follow-Up to Personnel Management Liaisons
Memorandum 2002-015

CONTACT:
Clarice Pace, Analyst
(916) 324-9381
FAX: (916) 327-1886
Email: ClaricePace@dpa.ca.gov


On December 5, 2002, the Governor issued Executive Order D-65-02, implementing an amendment to Government Code
(GC) Section 19775.18. The amendment authorized the Governor, by executive order, to extend supplemental pay
and benefits up to an additional 365 calendar days to State civil service employees who are called to active duty for
the War on Terrorism. The extension went into effect on January 1, 2003.

Employees who are called to active military duty for the War on Terrorism are eligible to receive the difference
between their military pay and allowances and their State pay and benefits for an additional 365 calendar days. The
employee must provide military orders that support any claim for supplemental pay and benefits. If the employee
does not reinstate to State service following active military duty, any compensation received pursuant to this
provision shall be treated as a loan payable with interest. In addition, this statute will not apply to active duty
served after the close of the War on Terrorism.

Prior to the enactment of GC Section 19775.18, State civil service employees who were called to active military duty
on or after September 11, 2001, in support of the War on Terrorism received their benefits under the provisions of
GC Section 19775.17.

According to these provisions, employees were eligible to receive the difference between their military pay and allowances and State salary
and benefits for 180 calendar days. However, with the enactment of GC Section 19775.18, any State employee who received benefits under GC
Section 19775.17 for this event is now eligible to receive the remaining benefits under GC Section 19775.18 for up to 365 calendar
days. Additionally, with the authorization of Executive Order D-65-02 and upon call to active military duty in support of the War on
Terrorism, employees are now eligible to receive pay and benefits for a total of 730 calendar days, provided the dates specified in the
orders cover such a period of absence.

For example, an employee who has received orders for active military duty for three years, during which he/she has received 180 calendar
days of compensation and benefits pursuant to GC Section 19775.17, would now be eligible to receive 185 calendar days under GC
Section 19775.18, plus an additional 365 days under Executive Order D65-02 to equal 730 calendar days (180 + 185 + 365 = 730). This
employee also received the "first 30 calendar days/172 hours" pay as provided under GC Section 19775.

Active duty military orders issued on and after September 11, 2001, for Operation Noble Eagle, Operation Enduring Freedom, National Guard
Airport Duty or Homeland Protection, or for any military campaign or operation related to the War on Terrorism qualify for the benefits
provided by GC Section 19775.18.

If your department receives orders that are unclear, the Department of  Personnel Administration (DPA) encourages you to contact us for
assistance.

DPA committed in PML 2002-015, to issue a separate memorandum to clarifying specific provisions of the Military Leave Program.
Attachment I is provided to clarify specific provisions of military leave as they relate to State employees who are ordered to active
military duty as a result of the War on Terrorism. Attachment II is a revised copy of the Military Leave Work Sheet. DO NOT submit to the
State Controller's Office (SCO) a new Military Leave Work Sheet, for those employee's whose leave has been extended, unless the salary or
deduction information has changed.

An SCO payroll letter will be issued providing instructions for documenting and issuing payments to employees who are placed on
military leave.

All payroll-processing questions and documentation should be addressed to Pam Keegan with SCO at (916) 323-2439. For policy interpretation
questions related to military leave have your personnel office staff contact Clarice Pace at the address listed above.


Bob Painter, Chief
Policy and Operations Division

Attachments will be distributed via mail.