ATTENTION CALIFORNIA EMPLOYEES MARRIED TO A MEMBER OF THE ARMED FORCES: YOU MAY BE ABLE TO TAKE UNPAID LEAVE
Are you a California employee married to someone in the armed forces? If the answer is yes, read on for good news regarding your rights as the spouse of a deployed soldier. Recent legislation signed by Governor Schwarzenegger requires most employers to grant up to 10 days of unpaid leave to qualified employees. In this use of the term ‘’qualified,’’ you are a qualified employee if you work an average of 20 or more hours per week and are married to a member of the U.S. armed forces who is deployed during a period of military conflict to designated combat zone. This definition of ‘qualified’ also includes spouses of members of the National Guard or reserves deployed during a period of military conflict. As such a spouse, you are eligible to take time off only during periods in which your soldier-spouse is on leave from deployment, or "qualified leave periods.” An experienced employment attorney will make sure your needs are being met in your workplace.
This statute is currently in effect and it is against the law for your employer to retaliate against you for requesting or taking the leave provided by this new statute. Ways your employer can retaliate against you include:
- Firing you
- Demoting You
- Harassing You
If you are married to a person in the armed forces, National Guard, or reserves, you might qualify for this special leave under the statute. If you have spoken to your employer and she will not grant you the leave, or your employer has retaliated against you in any way for requesting to take or taking the leave, the experienced employment attorneys at Greenberg & Rudman might be able to assist you. If you are in California, call us now at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.
