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California Statute Gives Qualified Military Spouses 10 Days of Unpaid Leave – Effective Immediately

October 18, 2007

While existing California law provides certain benefits for “qualifying members” of the U.S. Armed Forces, National Guard, and Reserves, those rights have been extended through Section 395.10 of the Military and Veteran’s Code.  This statute, signed by California Governor Schwarzenegger on October 9, 2007, took effect immediately. 

According to the statute, California employers with 25 or more employees must allow a “qualified employee” who is a spouse of a member of the Armed Forces, National Guard or Reserves to take up to 10 days of unpaid leave during a “qualified leave period” when the employee’s spouse is home on leave from military duty. 

A “qualified employee” is a person who satisfies all of the following:

The “qualified leave period” is the period during which the qualified member is on leave from deployment during a period of “military conflict”.  According to the statute, “military conflict” is considered the period of war declared by Congress or a deployment authorized under specified sections of the federal Armed Forces Code. 

This statute does not affect a qualified employee's rights with respect to any other employee benefit under other laws.

If you have any questions about the application of this new law, please direct them to any of our attorneys in San Francisco or Los Angeles.