California Adopts Military Spouse Leave Law, Effective Immediately

On October 9, Governor Schwarzenegger signed California Assembly Bill (AB) 392 into law. AB 392 adds Section 395.10 to the California Military and Veterans Code and creates a new leave of absence right for spouses of military personnel while such personnel are on a leave of absence from deployment. AB 392 states that Section 395.10 takes effect immediately “[i]n order to serve 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 member’s leave from deployment.”

With the addition of this new statute, California law now provides for more than 15 statutory leave-of-absence rights of various durations with which private employers of various sizes must comply.