On Oct. 9, 2007, Gov.
Schwarzenegger signed A.B. 392, which creates a new leave of absence right for
spouses of military personnel while those personnel are on leave from
deployment. Employers with 25 or more employees must allow eligible employees
to take up to 10 days of unpaid time off from work each time their spouse is on
leave from deployment during a period of military conflict. To be eligible for
the leave, an employee must meet these requirements: 1) the employee’s spouse
is an armed forces member deployed to a combat theater or zone or a National
Guard or Reserves member deployed during a military conflict; 2) the employee
must work an average of at least 20 hours a week; 3) the employee must give
notice of his or her intention to take the leave within two business days of
officially learning that his or her spouse will be on leave from deployment;
and 4) the employee must provide written documentation that the spouse-service
member will be on leave during the period for which workplace leave is
requested. Employers cannot retaliate against eligible employees who request or
take leave under this law, which became effective immediately.
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Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.