Employee rights: Military Spouse Leave

An employee is eligible for military spouse leave if he or she is the spouse or registered domestic partner of a “qualified member” of the military, and works an average of 20 or more hours per week. In California, employers are required to grant employees with unpaid leave if their military spouse is on leave from deployment. A qualified member is considered an individual who is part of the U.S. Armed Forces and have been deployed during a period of military conflict (i.e., during a period of war declared by the U.S. Congress).

The employee must notify his or her employer of their intention to take leave within two business days of receiving official notice that their spouse will be on leave from military deployment. Employees who are eligible for this leave must provide written documentation which certifies that their spouse is temporarily leaving from active duty. There are no provisions which allow the employer to delay or deny an employee’s request to leave.

If your company has at least 25 employees, you must comply with this law. Both private and public employers are required to provide employees with up to 10 days of unpaid time off if their spouse is on leave from active military service. This pertains to any person, company, firm, or governmental employer.

Make sure your employee handbook addresses this benefit. Your employee handbook should contain all of the information about policies and procedures enforced in the workplace. Make sure your handbook includes all of the federal and state laws so your employees can be aware of their rights and that the company’s guidelines are clearly outlined.

We can help you update your employee handbook as your business grows! Many additional laws apply to your company once you reach a certain number of employees. When you reach a certain size, you’ll need an updated employee handbook which includes all of the new regulations that your company must follow. We can help provide you with an organized employee handbook that includes all the company’s expectations, policies and procedures.