Section 202-I. Leave of absence for military spouses  


Latest version.
  • 1. For the purposes of
      this section, the following terms shall have the following meanings:
        (a)  "Employee"  means  a  person who performs service for hire for an
      employer, for an average of twenty or more hours per week, and  includes
      all  individuals  employed  at any site owned or operated by an employer
      but shall not include an independent contractor.
        (b) "Employer" means a person or entity that employs  twenty  or  more
      employees  at at least one site and includes an individual, corporation,
      the state, county, town, city,  school  district,  public  authority  or
      other governmental subdivision of any kind.
        (c)  "Period  of  military conflict" means a period of war declared by
      the United States Congress, or in which a member of a reserve  component
      of the armed forces is ordered to active duty pursuant to sections 12301
      and 12302 of title 10 of the United States Code.
        2.  The  spouse  of a member of the armed forces of the United States,
      national guard or reserves who has been  deployed  during  a  period  of
      military  conflict,  to  a  combat  theater or combat zone of operations
      shall be allowed up to ten days unpaid leave  by  their  employer.  Such
      leave  shall only be used when such person's spouse is on leave from the
      armed forces of the United States,  national  guard  or  reserves  while
      deployed  during  a  period  of military conflict to a combat theater or
      combat zone of operations.
        3. An employer shall not retaliate against an employee for  requesting
      or obtaining a leave of absence as provided in this section.
        4.  The  provisions  of  this  section  shall not affect or prevent an
      employer from providing leave for military spouses in addition to  leave
      allowed under any other provision of law. The provisions of this section
      shall not affect an employee's rights with respect to any other employee
      benefit provided by law.