BILL NUMBER: AB 392	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 15, 2007

   An act to add Section 395.10 to the Military and Veterans Code,
relating to military benefits.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 392, as introduced, Lieu. Military service: benefits.
   Existing law provides certain benefits for qualifying members of
the Armed Forces of the United States, National Guard, and Reserves.
   This bill would require a qualified employer to allow a qualified
employee that is a spouse of a qualified member of the Armed Forces,
National Guard, or Reserves to take up to 10 days of unpaid leave
during a qualified leave period, as provided.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 395.10 is added to the Military and Veterans
Code, to read:
   395.10.  (a) Notwithstanding any other provision of law, a
qualified employer shall allow a qualified employee to take up 10
days of unpaid leave during a qualified leave period.
   (b) For purposes of this section:
   (1) "Period of military conflict" means:
   (A) A period of war declared by the United States Congress.
   (B) When a member of a reserve component is ordered to active duty
pursuant to Sections 12301 and 12302 of Title 10 of the United
States Code.
   (2) "Qualified employee" means a person who:
   (A) Is the spouse of a qualified member.
   (B) Performs service for hire for an employer for an average of 20
or more hours per week, but does not include an independent
contractor.
   (C) Provides the qualified employer with reasonable advance notice
of his or her intention to take the leave provided for in
subdivision (a).
   (D) Submits written documentation to the qualified employer
certifying that the qualified member will be on leave from deployment
during the time the leave provided for in subdivision (a) is
requested.
   (3) "Qualified employer" includes any individual, corporation,
company, firm, state, city, county, city and county, municipal
corporation, district, public authority, or any other governmental
subdivision, that employs 25 or more employees.
   (4) "Qualified member" means a person who:
   (A) Is a member of the Armed Forces of the United States, National
Guard, or Reserves.
   (B) Has been deployed during a period of military conflict to an
area designated as a combat theater or combat zone by the President
of the United States.
   (5) "Qualified leave period" means the period during which the
qualified member is on leave from deployment during a period of
military conflict from an area designated as a combat theater or
combat zone.
   (c) A qualified employee shall not retaliate against a qualified
employee for requesting or taking the leave provided for in this
section.
   (d) The leave provided for in this section shall not affect or
prevent a qualified employer from allowing a qualified employee to
take a leave that the qualified employee is otherwise entitled to
take.
   (e) This section shall not affect a qualified employee's rights
with respect to any other employee benefit provided for in other
laws.