Bill Text: CA SB358 | 2013-2014 | Regular Session | Introduced
Bill Title: Military leave: domestic partner.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB358 Detail]
Download: California-2013-SB358-Introduced.html
BILL NUMBER: SB 358 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Corbett
FEBRUARY 20, 2013
An act to amend Section 395.10 of the Military and Veterans Code,
relating to military leave.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 395.10 of the Military and Veterans Code is
amended to read:
395.10. (a) Notwithstanding any other provision of law, a
qualified employer shall allow a qualified employee to take up to 10
days of unpaid leave during a qualified leave period.
(b) For purposes of this section:
(1) "Period of military conflict" means either of the following:
(A) A period of war declared by the United States Congress.
(B) A period of deployment for which a member of a reserve
component is ordered to active duty pursuant to either of the
following:
(i) Sections 12301 and 12302 of Title 10 of the United States
Code.
(ii) Title 32 of the United States Code.
(2) "Qualified employee" means a person who satisfies all of the
following:
(A) Is the spouse or domestic partner 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 notice, within two
business days of receiving official notice that the qualified member
will be on leave from deployment, 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 is any of the following:
(A) A member of the Armed Forces of the United States who 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.
(B) A member of the National Guard who has been deployed during a
period of military conflict.
(C) A member of the Reserves who has been deployed during a period
of military conflict.
(5) "Qualified leave period" means the period during which the
qualified member is on leave from deployment during a period of
military conflict.
(c) A qualified employer 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.
