Military Spouse Leave Policy

Purpose

To establish a policy and process by which a qualified Employee may request leave to be with their spouse/registered domestic partner who is a qualified member of the military on leave from deployment in a combat zone* during a period of military conflict**.

Overview:

In accordance with California Assembly Bill 392, Veterans Medical Research Foundation (VMRF or the Foundation) shall grant unpaid leave of up to 10 days to a qualified Employee who makes such a request for the purpose of being with his/her spouse/registered domestic partner when the spouse/registered domestic partner is a qualified member of the military on leave from deployment in a combat zone during a period of military conflict, so long as the Employee meets the conditions described in the Application section of this Policy, below.

VMRF Employees will not experience any adverse employment action or retaliation for requesting or taking Military Spouse Leave.


Definitions (for the purpose of A.B. 392 and this Policy):

Qualified Employee—a VMRF Employee who works an average of 20 or more hours per week

Qualified member of the military—a member of the Armed Forces of the United States (i.e., Army, Navy, Air Force, Marines, Cost Guard) 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; OR a member of the Armed Forces Reserve Components or the National Guard who has been deployed during a period of military conflict, but not necessarily in a combat zone (i.e., called upon to backfill a position vacated by an active duty member of the military)

Spouse—an individual to whom one is legally married

Registered domestic partner(s)—two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring AND who have filed a Declaration of Domestic Partnership with the Secretary of State

*Combat zone—an area so designated by the President of the United States by an Executive Order

**Military conflict—a period of war declared by the United States Congress OR a period of deployment for which a member of a reserve component is ordered to active duty either by the Governor or the President of the United States

Application:

The Employee requesting Military Spouse Leave must meet the following conditions for VMRF to grant up to 10 days of unpaid leave:

• Work an average of 20 hours or more per week for VMRF; and
• Provide notice to take leave to his/her immediate supervisor and/or the Human Resources (HR) Director within two business days of receiving official notice that his/her qualified spouse/registered domestic partner will be on leave from deployment as described above; and
• Submit a completed Military Spouse Request for Leave form (Attachment A), found on the VMRF website (www.vmrf.org) to the VMRF HR Director, attaching a copy of the documentation that certifies that the qualified spouse/registered domestic partner will be on leave from deployment during the time of the requested leave (i.e., copy of military leave orders); and
• Provide written proof of marriage to/domestic partnership with qualified spouse/registered domestic partner.

The Chief Executive Officer (CEO) or designee will promptly review the request and grant the leave, not to exceed 10 days, if all conditions described above are met by the requesting Employee. The request for Military Spouse Leave will be denied if all the conditions listed above are not met.

Military Spouse Leave will be granted in increments of whole days. The CEO or designee, or the HR Director or designee will confirm that the Employee’s immediate supervisor is aware that the leave has been granted or denied.

Military Spouse leave is without pay; however, the Employee may at his/her discretion choose to use available, accrued vacation during Military Spouse Leave. An Employee granted Military Spouse Leave who wishes to use available, accrued vacation should attach a completed Request For Time Off form (found on VMRF website, www.vmrf.org), to his/her timesheet that covers the period of his/her Military Spouse Leave.

*An updated list of locations which are designated as combat zones by Executive Order of the President of the United States can be obtained by contacting VMRF HR at extension 2645.

Military Spouse Request For Leave Attachment A

Approved by the VMRF Board of Directors: 11/16/07