California Family Military Leave Act - Section 395.10

Covered Employers: Employers with 25 or more employees

Employee Eligibility: To be a qualified employee the employee must work an average of 20 hours per week and be the spouse of a qualified servicemember

Entitlement: The Act requires covered employers to provide up to ten days of unpaid leave to eligible employees who are spouses of qualified deployed military servicemen and servicewomen. A qualified servicemember is a member of the U.S. armed forces who has been deployed during a period of military conflict to an area designed as a combat theater or combat zone by the President of the United States; a member of the National Guard who has been deployed during a period of military conflict; or a member of the reserves who has been deployed during a period of military conflict. The leave must be taken when the military spouse is on leave from deployment during a time of military conflict.

Employee Notice: To be eligible for leave, the employee also must provide the employer with (1) notice of intention to take family military leave within two business days of receiving official notice that the employee’s military spouse will be on leave from deployment, and (2) documentation certifying that the employee’s military spouse will be on leave from deployment during the time that the employee requests leave

Certification Supporting Need for Leave: Not Specified

Paid? Unpaid

Benefits: Not Specified

Reinstatement: The employer shall not retaliate against a qualified employee for requesting or taking the leave provided in this section.

Absence Specification