- Around the time Section 395.10 was enacted, there was widespread concern about the frequency and length of deployments to Iraq and Afghanistan, and the strain these deployments place on military personnel and their spouses. In response, the California Legislature enacted Section 395.10 with the purpose and intent to assist "the families of those troops currently serving in military conflicts in Iraq and Afghanistan, and to assure that these families are able to spend time together during the qualified leave from deployment."
- Under Section 395.10, the qualified spouses of deployed military personnel can take up to 10 days unpaid leave from work. To be eligible for such leave, an employed military spouse must: (1) work an average of 20 or more hours per week for a public or private company with at least 25 employees; and (2) have a spouse in the Armed Forces, National Guard or Reserves who is deployed during a period of "military conflict" to an area designated as a combat zone by the President of the United States. Independent contractors do not qualify for military spouse leave under section 395.10.
- Under Section 395.10, eligible employees must provide employers with notice of their intent to take leave within two business days of receiving official notice that their military spouses will be on leave from deployment. There is no requirement that the notice to be in writing, but the employees must submit written documentation certifying that their military spouses will be on leave from deployment during the requested leave period.
- A military spouse's exercise of her right to leave from work under Section 395.10 does not in any way affect her right to leave or benefits under other laws such as the federal Family and Medical Leave Act and the California Family Rights Act, among others. It is also against the law for employers to retaliate against an employee who requests or takes leave under Section 395.10.
Purpose
Eligibility Requirements
Notice Requirements
Other Leave Not Affected
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