Caller Question: Is it true that spouses can take unpaid leave when their military spouse is on leave?

HRx Answer: Generally, yes, though the amount of leave is limited. Effective Aug. 16, 2006, spouses of members of the U.S. armed forces, national guard, or reserves who have been deployed during a period of military conflict must be allowed to take up to 10 days of unpaid leave. It also bars employers from retaliating against those who seek such leave. This applies to public and private employers of 20 or more, and to employees who work 20 or more hours per week. Additionally, employees may take the leave only when the military spouse is on leave. The bill also explicitly states that it doesn't prevent employers from providing leave under any other provision of law, and that it doesn't affect those other leaves.

Policy Pointers: In creating a spousal military leave policy, employers should consider including the following:

• Non-retaliation statement. Employers cannot retaliate against employees for requesting or taking a previous hitspousalnext hit previous hitleavenext hit of absence.
• Procedure for military leave requests. Employees must notify their employers that they need time off for spousal military leave.
• Pay continuation. Employers are not required to do so but may go beyond their legal obligations by providing pay continuation to employees on spousal military leave.
• Benefits continuation. If an employer continues group health care coverage for regular leaves of absence, it must do so for military leave as well.

Source: SHRM, BNA