New Law Regarding Military Spousal Leave

By February 5, 2008Articles

According to a new law that went into effect on October 9, 2007, an employer with more than twenty-five employees must allow a returning soldier’s spouse up to ten days of unpaid leave while the soldier-spouse returns home on military leave.  To be eligible for leave, an employee must work an average of twenty or more hours per week and be married to a member of the Armed Forces, National Guard or Reserves.  Also, the soldier must have been deployed during a period of military conflict to an area designated as a combat theater or zone.

Employees must provide notice of their intent to take leave within two days of receiving official notice that their spouse will be returning home. They also must submit copies of official documentation certifying that the spouse will be home during the days for which leave is requested.  The taking of military spousal leave under this law does not affect an employee’s eligibility for other types of leaves, or his or her rights to other employee benefits provided by law.  Additionally, an employer may not retaliate against any employee for requesting or taking military spouse leave.

For any questions or comments regarding this Labor Law Update please contact attorney Michael Daly of the Daly Law Firm at (619) 525-7000 or

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