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Minimum time off requirements

Admin AsstAdmin Asst 2 Posts
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I am wondering what the requirements are for offering time off to an employee that has used up all vacation, sick, and personal time if they are a spouse of an active member the military.

The issue is that the employee has used up all available time and now that her spouse has two weeks to be in the states, she is wanting to be off with him.
Under normal circumstances the employee can only take unpaid leave, but would the fact that she is requested paid time off to be with her spouse (a member of the military) change that by law?

Any help would be much appreciated.
Thank you
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Comments

  • 3 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    The short, cold answer is no. USERRA regulations do not require that a spouse be granted time off. Go with the policy, create one where none exists and be as generous as you can be within the guidelines you have, understanding that you are setting precedents as you go.
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  • PorkPork 1,271 Posts
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    THE SPOUSE OF A MILITARY MEMBER IS COVERED ONLY BY YOUR COMPANY POLICY. SHE IS NOT PROTECTED BY USERRA. If she has no PTO, leave, or sick time left then your post reads like she is at a point of decision. The company is, likewise, at a decision point because if she takes of without authority, she has abandoned her position and is subject to your company policy & procedures!

    NOW HERE THIS: Is she an otherwise good employee? Is her military husband a regular army or full time reserve member? If yes is the answer to both then my advise is work with her to give her additional unpaid time off. BE A CARING COMPANY IN FULL SUPPORT OF THE MILITARY FAMILY, AND YOUR COMPANY WILL EARN A GREAT DEAL OF RESPECT FROM ALL EEs.

    PORK
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  • marcmarc 3,126 Posts
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    We have a "pool" of vacation time that ees can contribute to that can be used in emergency situations as defined by HR and our Executive Director. This sounds like a good example and as Don D and Pork suggested, this is a great time to show support for our men and women in the military. The good morale benefits will pay you back for a long time.
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