SB 358, as introduced, Corbett. Military leave: domestic partner.
Existing law requires an employer to give a qualified employee, as defined, including the spouse of a qualified member of the Armed Forces or state militia, up to 10 days of unpaid leave during a period of military conflict, as defined.
This bill would also include the domestic partner of a qualified member of the Armed Forces or state militia within the definition of a qualified employee for purposes of obtaining unpaid leave under these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 395.10 of the Military and Veterans Code
2 is amended to read:
(a) Notwithstanding any other provision of law, a
4qualified employer shall allow a qualified employee to take up to
510 days of unpaid leave during a qualified leave period.
6(b) For purposes of this section:
7(1) “Period of military conflict” means either of the following:
8(A) A period of war declared by the United States Congress.
P2 1(B) A period of deployment for which a member of a reserve
2component is ordered to active duty pursuant to either of the
3following:
4(i) Sections 12301 and 12302 of Title 10 of the United States
5Code.
6(ii) Title 32 of the United States Code.
7(2) “Qualified employee” means a person who satisfies all of
8the following:
9(A) Is the spousebegin insert or domestic partnerend insert of a qualified member.
10(B) Performs service for hire for an employer for an average of
1120 or more hours per week, but does not include an independent
12contractor.
13(C) Provides the qualified employer with notice, within two
14business days of receiving official notice that the qualified member
15will be on leave from deployment, of his or her intention to
take
16the leave provided for in subdivision (a).
17(D) Submits written documentation to the qualified employer
18certifying that the qualified member will be on leave from
19deployment during the time the leave provided for in subdivision
20(a) is requested.
21(3) “Qualified employer” includes any individual, corporation,
22company, firm, state, city, county, city and county, municipal
23corporation, district, public authority, or any other governmental
24subdivision, that employs 25 or more employees.
25(4) “Qualified member” means a person who is any of the
26following:
27(A) A member of the Armed Forces of the United States who
28has been deployed during a period of military conflict to an area
29designated as a combat theater or combat zone by the President of
30the United
States.
31(B) A member of the National Guard who has been deployed
32during a period of military conflict.
33(C) A member of the Reserves who has been deployed during
34a period of military conflict.
35(5) “Qualified leave period” means the period during which the
36qualified member is on leave from deployment during a period of
37military conflict.
38(c) A qualified employer shall not retaliate against a qualified
39employee for requesting or taking the leave provided for in this
40section.
P3 1(d) The leave provided for in this section shall not affect or
2prevent a qualified employer from allowing a qualified employee
3to take a leave that the qualified employee is otherwise entitled to
4take.
5(e) This section shall not affect a qualified employee’s rights
6with respect to any other employee benefit provided for in other
7laws.
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