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New military spouse leave law raises many questions

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in FMLA Guidelines,Human Resources

When Gov. Arnold Schwarzenegger signed California Assembly Bill 392 into law on Oct. 9, he and the legislature gave California employers only the sketchiest outline of how the new military spouse leave law will work.

A few things are clear about the law, which amends the California Military and Veterans Code. First, only employers with 25 or more employees in the United States are covered. Any California employee of one of those employers and who works “an average of 20 or more hours per week” is entitled to up to 10 days of unpaid leave if his or her spouse is on leave from deployment during a declared war or a period of military conflict, such as in Iraq and Afghanistan.

Unclear requirements

The law doesn’t say how to determine whether a worker has worked an average of 20 or more hours per week. The law contains no time-in-service requirement.

Other requirements are fuzzy as well. An employee asking for leave must do ...(register to read more)

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