Friday, October 12, 2007

California Adopts Military Spouse Leave Law

California Morgan Lewis provides the following lawflash about this development in California labor and employment law:

On October 9, Governor Schwarzenegger signed California Assembly Bill (AB) 392 into law. AB 392 adds Section 395.10 to the California Military and Veterans Code and creates a new leave of absence right for spouses of military personnel while such personnel are on a leave of absence from deployment. AB 392 states that Section 395.10 takes effect immediately “[i]n order to serve the families of those troops currently serving in military conflicts in Iraq and Afghanistan, and to assure that these families are able to spend time together during the qualified member’s leave from deployment.”

With the addition of this new statute, California law now provides for more than 15 statutory leave-of-absence rights of various durations with which private employers of various sizes must comply.

You can read more about this new law here.


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I'm an employee of Geico and my spouse has recently come back from a deployment from Iraq. My employer advises me that they must first exhaust all of the vacation and floating holiday time I have thus accrued before my remaining 10 days are "unpaid". I have also had leave approved in August for a paid trip to Jamaica. My employer states that if I do not have enough time accrued to take the trip in August, because I'm taking 10 day's off now, I may not be able to take the trip. When I read the Bill it says clearly that the 10 days should not affect my otherwise entitled leave or benefits. Is there someone who could give me some advise on this matter?

Posted by: Dream Crumbie | Apr 14, 2008 10:10:48 AM

Will FMLA run concurrently with the unpaid 10 day military spouse leave?

Posted by: Mike | Jul 8, 2008 11:28:44 AM

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