Legal Question in Military Law in Georgia

I'm an active duty service member getting ready to deploy overseas in support of OEF. Before I deploy, my wife wants to take two weeks of unpaid leave from work. However, her employer denied her request. Are there any GA state or Federal laws which would require her employer to grant her unpaid leave without repercussions?

Thanks in advance.

v/r

SSG A


Asked on 11/02/10, 8:47 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unfortunately, no.

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Answered on 11/08/10, 5:12 am
Phillip M. Cook Cook Legal Services, LLC

First, thank you for your service!

Unfortunately, the answer to your question is "no". Some states, like California, do in fact have laws that require an employer to offer a spouse of military personal deploying oversees 2 weeks of unpaid leave/vacation in the instance of deployment. Georgia does not and there are no federal laws that protect you either.

Two suggestions: (1) you and your wife could approach the employer together and ask for the unpaid leave. Tell your wife's employer (politely) that you are going to risk your life for our country and the employer's ability to stay in business, that it is is a HUGE inconvenience to your family, and that you have a hard time understanding why they can't accommodate your wife's request, despite their minor 2 week inconvenience to the business; (2) see if your commanding officer or base commander would be willing to write a letter to your wife's employer requesting the time off. In other words, put your wife's employer in a position where he is not just saying "no" to an employee, and to you, but he is saying it to the military as well.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 11/08/10, 5:19 am


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