John GarnerLegislative Updates, Resources

On October 9, 2007, California Governor Arnold Schwarzenegger signed AB 392, requiring employers with 25 or more employees to allow eligible employees up to 10 days of unpaid leave when their spouse is on leave from deployment during a military conflict. This urgency legislation took effect immediately.

In order to be eligible, employees must:

  • Work at least 20 hours in an average week
  • Have a spouse in the US military on leave from deployment to a combat zone, or in the National Guard or Reserves on leave from deployment during a period of military conflict
  • Notify the employer within two days of receiving official notice that the spouse will be on leave from deployment of his or her intention to take leave
  • Submit written documentation to the employer certifying that the spouse will be on leave from deployment during the time the leave is requested.

The law prohibits employers from retaliating against employees who request or take leave under this provision. The law also says that the military spouse leave shall not affect leave that the employee is otherwise entitled to take.

Indiana, Illinois, Maine, Minnesota, Nebraska and New York have also enacted family military leave laws.

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