Legal Question in Military Law in Georgia

I live and work in Georgia. My husband is returning in a month after a year deployment in Afghanistan. My employer refuses to let me take leave when he returns. I feel i need some time for my family to reconnect. Is there a law that allows a spouse in Georgia to take leave when their husband returns from deployment?

Asked on 9/10/10, 6:40 am

1 Answer from Attorneys


This might help:

The Family and Medical Leave Act of 1993 (FMLA or Act) entitles eligible employees to take up to 12 work weeks of unpaid leave annually for any of several reasons, including the onset of a "serious health condition" in an employee's spouse, child, or parent. 107 Stat. 9, 29 U. S. C. 2612(a)(1)(C). The Act creates a private right of action to seek both equitable relief and money damages "against any employer (including a public agency) in any Federal or State court of competent jurisdiction," 2617(a)(2), should that employer 725*725 "interfere with, restrain, or deny the exercise of "FMLA rights, 2615(a)(1).

You will need to hire an attorney in the Columbus GA area to protect your rights as GA is a right to work state and an employer may fire any at-will employee at any time for any reason (other than a "bad" reason) - you might want to speak to the JAG office on base (post) ASAP.

Good luck and thank your husband for serving his country and allowing me and my family to enjoy the freedoms of our great country


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Answered on 9/15/10, 11:16 am

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