Caliornia military spouce leave act?

[k9copsgrl]

From what I have read, the law states that any employer with 25 or more employees can give 10 days unpaid leave to the spouce of a military member home on leave from a combat zone. My husband is coming home from his time in Iraq in a few months, but he is 'returning', not really on a "leave" (or vacation-as in he will come home for a few weeks and then go back) from Iraq, his 6-7 month tour of duty will be over. He is active duty, not a national guard or reserve. Do I still get my 10 days unpaid time off when he comes home from his tour of duty?

[mrsbratt]

I just got this announcement at work. If I can find it I will relay exactly what it says. You should speak with your supervisor and have them look into it to see if his return from deployment qualifies you for the military spouse leave.

HERE IT IS:
On January 28, President Bush signed into law the National Defense Authorization Act for FY 2008 (NDAA), Public Law 110-181. Section 585(a) of the NDAA amended the FMLA to provide eligible employees working for covered employers two important new leave rights related to the military service:
(1) NEW QUALIFYING RESONS FOR LEAVE: Eligible employees are entitled to up to 12 weeks of leave because of "any qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. By the terms of the statute, this provision requires the Secretary of Labor to issue regulations defining "any qualifying exigency." In the interim, employers are encouraged to provide this type of leave to qualifying employees.
(2) NEW LEAVE ENTITLEMENT: An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12 month period to care for the servicemember. This provision became effective immediately upon enactment. This military caregiver leave is available during "a single 12 month period" during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.

Additional information on the amendments and a version of Title I of the FMLA with the new statutory language incorporated is available on the FMLA amendments Web site at http://www.dol.gov/esa/whd/fmla/