As the situation in the Middle East progresses, and National Guard and Reservists are called to serve, employers will likely have employees who require leave of absence to fulfill their obligations to the military. While under federal law, the Uniformed Services Employment and Reemployment Rights Act (USERRA) guarantees the rights of military service members to take a leave of absence, California has several laws that also protect those serving in the military.

Military Leave

Under California law, employees who are members of the reserve corps of the armed forces of the U.S., the National Guard, or the Naval Militia shall be entitled to a temporary leave of absence without pay while engaged in military duty for a period not to exceed 17 calendar days annually. This leave is typically used for military training or similar.

There are also anti-discrimination laws that provide job protection for members of the military when they are performing ordered military duty.

Military Spouse Leave

Employers with 25 or more employees are required to provide up to 10 days of unpaid leave to spouses of military members while the employee’s military spouse is on leave from deployment during a period of military conflict.

California’s Family Rights Act (CFRA)

Under the CFRA, employers are required to provide leave up to 12 weeks of unpaid job-protected leave curing a 12-month period, due to a qualifying exigency related to the covered active duty or call to covered active duty of an...

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