Definitions. — Guam Code § 4A

§ 4A. Definitions.

The following definitions shall be used in interpreting this Article.

(a) “Qualified Employee” means a person who satisfies all of the following:

(1) Is the spouse, authorized representative, designated next of kin, or attorney-in-fact of a

qualified member.

(2) Performs service for hire for an employer for an average of twenty (20) or more hours

per week, but does not include an independent contractor.

(3) Provides the qualified employer with notice, within two (2) 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 § 4A104 of this Article as requested.

(4) 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

(e) is requested.

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(b) “Qualified Employer” means any government of Guam instrumentality, Military related unit

on Guam, municipal village instrumentality, public authority, or any other governmental entity on

Guam subdivision, that employs fifteen (15) or more employees.

(c) “Period of military-conflict” means either of the following:

(1) A period of war declared by the United States Congress;

(2) A period of deployment for which a member of a reserve component is ordered to active

duty pursuant to either of the following:

(A) Sections 12301 and 12302 of Title 10 of the United States Code, or

(B) Title 32 of the United States Code.

(d) “Qualified Service Member” means a person who is any of the following:

(1) A service 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; or

(2) A service member of the National Guard who has been deployed during a period of

military conflict; or

(3) A service member of the Reserves who has been deployed during a period of military

conflict.

(e) “Qualified leave period” means the period during which the qualified service member is on

leave from deployment during a period of military conflict, to include pre-deployment, post

deployment, return for rest and relaxation (R&R), reintegration, or after deployment.

NOTE: Pursuant to 1 GCA § 1606, subsection designations in subsection (c) were altered to adhere to the Compiler’s

alpha-numeric scheme.