202-I - Leave of absence for military spouses.

§ 202-i. Leave of absence for military spouses. 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.