The California Military and Veterans Code provides that employers with 25 or more employees, including state and local governments, must allow an employee who is the spouse (including same-sex spouses) of a qualified member of the military up to 10 days of unpaid leave during a qualified leave period. Its intent is to serve the families of those troops currently serving in military conflicts and to ensure that these families are able to spend time together during the qualified member’s leave from deployment.
Eligibility. A qualified member of the military is defined as a member of the armed forces who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the president, or a National Guard or reserve member who has been deployed during a period of military conflict. A qualified leave period is further defined to mean a period during which the member of the military is on leave from deployment during a period of military conflict.
Notice and certification requirements. An employee must provide notice of intent to take leave within at least two business days of receiving official notice that his or her spouse will be on leave from deployment. The employee must also provide documentation certifying that the employee’s military spouse will be on leave from deployment during the time that the employee requests the leave.