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California Employers Must Allow Leave For Spouses of Armed Forces

On October 9, 2007, the “Governorator” signed AB 392 (introduced by Ted Lieu, D-Torrance) which requires employers with 25 or more employees to allow spouses of military members 10 days of unpaid leave when the military member is on leave from deployment. AB 392 adds Section 395.10 to the Military and Veterans Code and is effectively immediately.

A qualified employee is one who works 20 or more hours per week and is the spouse of a deployed member of the armed forces, national guard or reserve. The employee must notify the employer within 2 business days of receiving official notice that the serving spouse will be on leave from deployment and that the employee would like to take the leave. The employee must also submit documentation certifying that the employees spouse will be on leave during the unpaid leave.

Employers with 25 or more employees should modify their policies to reflect the availability of this new leave and should prepare blank certification forms that the employee can fill out requesting the leave.

If you require assistance modifying your handbook or preparing the required certification, contact an attorney familiar with the new leave requirements.

The Law Office of Phillip J. Griego
95 South Market Street, Suite 520
San Jose, CA 95113
Tel. 408-293-6341
Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.

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Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.