Both California law, as well as, the federal laws include provision for protecting all employees, including military, some paid sick leave. In 1994 the Uniformed Services Employment and Reemployment Rights Federal Act provide for permanent military employee’s job and benefit protection.

The military act prohibits employers from discriminating against any member of the military forces, which mean that California cannot discharge an employee just because of his/her military duties or training. This Protection Act covers all employees including members of National Guard from other states. It also covers all businesses regardless of size.

Military Leave for Spouse and Family

For Military Leave for Spouse and Family, all employers with over 25 employees are required by law to grant their employees up to 10 days unpaid off when their spouses are home on leave even during a military conflict. The military spouse who wishes to take time off must give notice to the employer within two business days and must provide their request on a written documentation.

Employers can allow their employees to utilize their accrued paid sick leave, paid time off or vacation during this leave, although it is not a requirement.

The employer is also required to allow spouse, parent, child or next of kin who is a member of the military to an emergency leave of up to 26 weeks to care for a soldier who may be undergoing medical treatment.

According to the act, employers should always remain proactive in notifying their employees about potential military leave options that are available to them. Employers are mandated to provide notice to all employees under USERRA that includes their obligations, benefits, and rights.

Sick Leave Rules

The sick leave in California demands that the call-up notification to employers should be provided in advance and can be either written or verbal. An employer may request copies of documents proving this.

If an employee goes on leave during the period of active duty, he/she is not entitled to receive pay. Employers may, however, pay their servicemen a lower salary during such leave.

According to USERRA employees who leave their usual job for military duty should be given same treatment as required under employer’s leave policies. Employers should provide continuous health coverage for up to 24 months.

The health coverage may be terminated before the end of the 24-month period if an employee fails to return to work without proper reasons. If the military sick leave in California is longer than 31 days, the employer may charge the employee up to 102 percent of the cost of the period.

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