Helene Wasserman | 310- 772-7288 | HWasserman@littler.com
California Adopts Military Spouse Leave Law
Effective immediately, employers must, under certain circumstances, provide up to 10 days of unpaid leave to employees who have spouses in the military.
On October 9, 2007, Governor Schwarzenegger signed into law Assembly Bill 392. AB 392 adds a section to the California Military and Veteran’s Code to permit the spouse of an individual in the military to take time off from work while their spouse is on leave from deployment.
Who is affected?
The new law applies to all employers with 25 or more employees. In order to be eligible for the leave, the employee must work at least an average of 20 hours per week and have a spouse who is on active duty for any of the United States Armed Forces, National Guard or Army Reserves, in an area of military conflict.
What must an employee seeking this time off do?
In order to be entitled to the unpaid 10 days off from work, the employee must provide notice to the employer, no later than two business days after receiving an “official notice” that the spouse will be on leave from deployment, that the employee intends to take time off from work during the leave from deployment. Further, the employee must provide “written documentation, certifying” that the spouse will be on leave from deployment.
While the statute presumes that the employee will “request” the time off, there are no circumstances specified under which the employer may deny the leave, or request that the leave be taken at some other time during the spouse’s period of deployment.
There are uncertainties about this law. For example, as noted above, there is nothing addressing any flexibility for employers to ask that the 10- day leave be scheduled in accordance with business operational needs. As a result, it is recommended that employers provide as much flexibility as possible when faced with requests for leave under this new law. Retaliation against an employee for asserting rights under this section is a violation of this new law.
There are numerous types of leave that employers in California must provide. Employers must not only provide leave for obvious reasons (such as due to disabilities, family leave, pregnancy leave, occupational leave), but for less obvious reasons as well (such as substance abuse rehabilitation, attending school conferences, attending school activities, attending adult literacy education.) Failure to provide all of the necessary and legally permissible leaves can be quite costly for employers.
Effective immediately, employers must, under certain circumstances, provide up to 10 days of unpaid leave to employees who have spouses in the military.
On October 9, 2007, Governor Schwarzenegger signed into law Assembly Bill 392. AB 392 adds a section to the California Military and Veteran’s Code to permit the spouse of an individual in the military to take time off from work while their spouse is on leave from deployment.
Who is affected?
The new law applies to all employers with 25 or more employees. In order to be eligible for the leave, the employee must work at least an average of 20 hours per week and have a spouse who is on active duty for any of the United States Armed Forces, National Guard or Army Reserves, in an area of military conflict.
What must an employee seeking this time off do?
In order to be entitled to the unpaid 10 days off from work, the employee must provide notice to the employer, no later than two business days after receiving an “official notice” that the spouse will be on leave from deployment, that the employee intends to take time off from work during the leave from deployment. Further, the employee must provide “written documentation, certifying” that the spouse will be on leave from deployment.
While the statute presumes that the employee will “request” the time off, there are no circumstances specified under which the employer may deny the leave, or request that the leave be taken at some other time during the spouse’s period of deployment.
There are uncertainties about this law. For example, as noted above, there is nothing addressing any flexibility for employers to ask that the 10- day leave be scheduled in accordance with business operational needs. As a result, it is recommended that employers provide as much flexibility as possible when faced with requests for leave under this new law. Retaliation against an employee for asserting rights under this section is a violation of this new law.
There are numerous types of leave that employers in California must provide. Employers must not only provide leave for obvious reasons (such as due to disabilities, family leave, pregnancy leave, occupational leave), but for less obvious reasons as well (such as substance abuse rehabilitation, attending school conferences, attending school activities, attending adult literacy education.) Failure to provide all of the necessary and legally permissible leaves can be quite costly for employers.
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with Helene Wasserman
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