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General Information

On October 9, 2007, Governor Arnold Schwarzenegger signed Assembly Bill 392. The bill was chaptered as an urgency statute, and the bill's provisions take effect immediately. As a result of A.B. 392, Section 395.10 has been added to the California Military and Veterans Code and grants up to ten (10) days unpaid leave to a qualified employee who is the spouse or registered domestic partner of a member of the Armed Forces of the United States, National Guard, or Reserves serving in a designated combat zone or combat theater, and is on leave from deployment.

Eligibility

To qualify for this leave you must be assigned to work for the university for an average of at least twenty (20) hours or more on a weekly basis (including student employees). Your spouse or registered domestic partner must be either:

• An active 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 (e.g., "Iraqi Freedom--Iraq" or "enduring Freedom--Afghanistan") by the President of the United States; or
• A member of the National Guard, or Reserves who has been deployed during a period of military conflict.

If the above eligibility requirements have been met and you choose to take such a leave, then:

• Written documentation must be provided to certify that your spouse or domestic partner will be on leave from deployment during the time that you request such leave; and
• Certification must be provided no later than two (2) business days upon receiving official notification that your spouse or domestic partner will be on leave from deployment.

The leave provisions of A.B. 392 shall not affect or prevent Cal Poly Pomona employees from requesting and/or accessing leave programs to which you are otherwise entitled. Therefore, if you qualify for such leave you remain eligible to utilize your available vacation leave credits, compensatory time off (CTO), or personal holiday at your request. However, if you choose not to access your available leave credits, the leave is to be documented via the 634 absence form with a note stating "Spouse/DP Military Leave."

Link to text of A.B. 392