BILL NUMBER: AB 392	CHAPTERED
	BILL TEXT

	CHAPTER  361
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2007
	APPROVED BY GOVERNOR  OCTOBER 9, 2007
	PASSED THE SENATE  SEPTEMBER 10, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2007
	AMENDED IN SENATE  SEPTEMBER 5, 2007
	AMENDED IN SENATE  JULY 3, 2007
	AMENDED IN ASSEMBLY  MAY 14, 2007
	AMENDED IN ASSEMBLY  MARCH 22, 2007

INTRODUCED BY   Assembly Member Lieu
   (Coauthor: Assembly Member Krekorian)

                        FEBRUARY 15, 2007

   An act to add Section 395.10 to the Military and Veterans Code,
relating to military benefits, and declaring the urgency thereof, to
take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 392, 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 who 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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 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 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.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In 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, it is necessary that this act take
effect immediately.