CALIFORNIA ENACTS NEW LAW PROVIDING LEAVE FOR SPOUSES OF MILITARY MEMBERS

On October 9, 2007, Governor Schwarzenegger signed Assembly Bill 392 establishing a new right for eligible military spouses to take a leave of absence to spend time with a spouse who is on leave from deployment during a military conflict.  AB 392 is an urgency statute that took effect immediately.  California now joins other states, including Indiana, Illinois, Maine, Minnesota, Nebraska, and New York that have enacted similar military family leave legislation.

The statute, California Military & Veterans Code section 395.10, requires public and private employers with 25 or more employees to provide up to 10 days unpaid time off to a "qualified employee."  A "qualified employee" is a person who works an average of 20 or more hours per week and whose spouse is either: (i) a member of the Armed Forces of the United States deployed during a period of military conflict to a combat zone; or (ii) a member of the National Guard or Reserves who has been deployed during a period of military conflict.  Under California law, the term "spouse" includes registered domestic partners.

To be eligible for the new leave, the qualified employee must do two things: (i) notify the employer of his/her intent to take time off within two business days of receiving official notice about the military spouse's leave; and (ii) submit written documentation certifying that the military spouse will be on leave from deployment during the time off requested.  No official form is designated in the statute.  Employers need to establish guidelines for whether documentation will be required and what documentation will be satisfactory.

Notably, the statute specifically prohibits employers from retaliating against an employee for requesting or taking the leave of absence.  Presumably, this will enable employees to sue if denied the leave or if the employee suffers some adverse treatment after requesting the leave.

Two things to do right away: (1) consider publicizing this new benefit to the workforce via a posted policy statement and/or revision to the existing employee handbook; (2) train all executives, managers and supervisors on the requirements of the new law so that they don't inadvertently say or do something contrary to the anti-retaliation provisions of the new law.

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