Thursday, December 31, 2009

Can a military spouse, by law in North Carolina, take time off work when husband returns from deployment?

I am returning from deployment and my spouses employer will not give her 2 weeks off to spend time with me. I know in some states, by law, employers have to give their employees time off when their husbands or wives return from deployment. Does anyone know if this applies or something like it applies to North Carolina?Can a military spouse, by law in North Carolina, take time off work when husband returns from deployment?
Actually some states do indeed have that law. California for one has it. Since 2007 an employer MUST grant 10 days unpaid leave. Depending on the size of the company it can be 15 days. But in all cases the wife has to give written notice to the employer in order to be covered.





I would imagine that NC would have these laws having such a huge military population.





I took interest in your question as I have been deployed many, many times over many years. Luckily my wife's employer was fine with it all.... even after my last go round of 3+ years.





But for the life of me I can not figure out if NC has the spousal leave laws. She should call one of the bases or posts and ask family services or JAG about this as this has to be a common question. Or she could as well call an American Legion post. Someone would probably be helpful.





Do make sure when you get back to take some real downtime and do absolutly nothing.











Can a military spouse, by law in North Carolina, take time off work when husband returns from deployment?
First I want you to ask yourself this: How much does she need this job? If she is told she will be fired for taking that much time off, is it going to matter? If your answer is yes, then you should see if she can even get 1-2 days off to welcome you home, even if you guys have to spend your post deployment leave at home. If her employer cannot give her even 1-2 days off to see you, then he/she is a heartless bastard that should be shot. My husband is currently deployed and is coming home very soon. if I were her, I'd give them a 2 week notice and look for another job. If the next employer asks why she quit, tell them. I'm sure they'd want to see their spouce too if they hadn't seen them in MONTHS! Good luck and I wish you guys the best!
Yes, BUT they are not owed any pay, and it is PURELY up to the employer whether or not to grant the leave. This is true in ALL states. The employer CAN legally say ';no'; and can fire you for not showing up.
Was a JAG stationed in North Carolina - never heard of such a law. Frankly would be very surprised to learn that existed in any state.
There is no such law. In fact, there are few laws requring days without work at all. For any reason.

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