The State Civil Service Act requires the reinstatement of a permanent, probationary, or exempt employee who returns from active duty military service to his or her former position, as specified. Under existing law, reinstatement to an employees former exempt position reestablishes the employees tenure and civil service reinstatement rights, if any, as they existed immediately prior to his or her military leave.

This bill would additionally require that a reinstated civil service employee who returns from active military service and who is paid hourly to be given the same shift and number of hours worked per week as he or she worked immediately prior to going on military leave.

Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 64

Author:(Chávez) – As Introduced Ver:December 15, 2014

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires that state civil service employees who work on an hourly basis and are reinstated upon returning from activity military duty be given the same shift and number of work hours as they enjoyed prior to going on military leave.

FISCAL EFFECT:

Unknown, but very likely significant General and Special Fund costs to state agencies, in excess of $150,000, to accommodate disruptions to hourly staffing flexibility and scheduling needs.

COMMENTS:

1) Purpose. The State Civil Service Act provides reinstatement benefits to permanent, probationary, and exempt employees returning home from active duty military service. According to the author, hourly civil service employees are not granted the same rights under the Act, and therefore have no guarantee of receiving the same work shift or hours upon returning from active duty service. The author contends California is home to the highest percentage of veterans in the country, and should strive to ensure women and men returning home from deployment have their jobs returned to them.

2) Permanent Intermittent Employees. While this bill certainly has a laudable policy goal, its mandate may not be compatible with the very nature of the state's hourly civil service employees, known as "permanent intermittent" employees. Current statute defines intermittent positions as those in which the employee works "periodically or for a fluctuating portion of the full-time work schedule" (GOV 18552). Many of these employees are used to fill seasonal roles or roles with irregular time schedules, and it may be essential that scheduling for these roles remain flexible. Intermittent employees may have their schedules change, with respect to both hours and shift times, on a weekly basis. Requiring that such employees be given a particular shift and hours upon return from active duty service may not be consistent with the requirements of their positions, the needs of their agency, or even the season in which they work.

California currently has approximately 21,000 permanent intermittent employees statewide, though it is unknown what percentage of these are members of the military. According to census data, approximately 1-2% of California's total workforce is in the military reserves. If that were also true of its permanent intermittent workforce, approximately 200-400 employees could be affected by this bill.

Analysis Prepared by: Joel Tashjian / APPR. / (916) 319-2081