Federal

Condition

California

Yes - New provisions in the Family and Medical Leave Act (FMLA). Applies to employers with 50 or more employees.

(National Defense Authorization Act, Section 585, 1/28/2008, HR 4986)

Yes - California individuals, corporations, companies, firms, cities, state government, counties, municipal corporations, districts, public authorities or any governmental subdivision that employs 25 or more employees.

(California Military and Veterans Code, Section 395.10)

Employer Choice. Employer can require or employee may elect to use accrued paid vacation or other paid time off for this leave. Under FMLA rules, medical benefits must be continued under the same terms as if the employee were on active duty.

Paid/Unpaid?

Employer Choice

Any of these: Employee's spouse, son, daughter, parent or next of kin (nearest blood relative).

Applies to?

Any spouse of a qualified member of the Armed Forces of the United States, National Guard and Reserves. Employee must work an average of 20 or more hours per week. Excludes independent contractors.

1)Active Duty Leave - Impending call to active duty of employee's qualifying relative. This is a new leave reason in addition to existing FMLA reasons.
2) Caregiver Leave - To care for a qualifying service member relative who has a serious illness or injury incurred while on active duty that renders them unable to perform their duty assignment. Service member is a) undergoing medical treatment, recuperation or therapy; b) an outpatient; 3) on a temporary disability retired list. This is a new leave reason in addition to existing FMLA reasons.

Reasons for leave?

To be with spouse who is on leave from active duty in the military.

Active Duty Leave - Up to 12 weeks of leave in every 12 months.
Caregiver Leave - Up to 26 weeks of leave in every 12 months.

Duration?

Up to 10 days of unpaid leave.

Yes.

Same position as was left, at same pay, working same hours in same location.

Guaranteed job assignment?

Same position as was left, at same pay, working same hours in same location.

To be determined by Department of Labor regulations.

Employer verification?

Copy of official military orders authorizing leave of absence from active duty.

Department of Labor sanction. Action in federal court.

Penalties for failure to comply?

State court action. Misdemeanor with liability for actual damages.