My Spouse Is Home on Military Leave. Am I Entitled to Time Off?

Under California law, employers with 25 or more employees are obligated to grant employees up to 10 days of unpaid time off if their military spouse is home on leave from deployment. This is only applicable if they are home on leave during military conflict. Employers are to count both full and part time employees to determine whether or not they meet the 25-employee threshold.

In order to meet eligibility requirements for this, employees must:

  • Work an average of 20 or more hours per week
  • Give notice of intent to take time off within two business days of receiving information of spouse’s leave from deployment
  • Provide their employer with written documentation verifying the military spouse’s leave from deployment during the employee’s requested time off

While employers may allow employees to use Paid Time Off, accrued sick pay, or vacation during this leave, they cannot force employees to use one of these. Employers are not able to take action against the employee after they have requested time off and must reinstate them to their original position.

Work Leave to Care for Sick or Injured Service Member

If an active duty service member of the Armed Forces is undergoing medical treatment, receiving therapy, or suffering a serious injury, illness, or other qualifying circumstance, an employer is required to let a related employee (be it a spouse, child, parent, or next of kin) take exigency leave of up to 26 weeks to care for the soldier.

Employers should let their employees know what their options are when it comes to time off for military leave. If you meet the requirements listed above, but your employer refuses to let you take time off or takes steps to prevent your return, you may be eligible to take legal action. Discuss your case with a skilled Los Angeles employment lawyer.

To begin a free case evaluation, call the firm today at (310) 986-2792!