UNPAID leave for FEMA volunteers?

Question

I have a question but first, the senario: My father was called away for Hurricane Katrina to help. He was told by his employer that he must use vacation time while away. We have heard of a law that states that the employee can be granted unpaid leave for volunteers. He currently resides in New Jersey and are not sure if this law is state or nation wide. My question is: Is there a law that states this?

If possible, please provide a website and ONLY answers for UNPAID not paid leave.

Answer 1

I, too, am a volunteer as are several of my fellow associates here at work although for various emergency services other than FEMA. We are in New Jersey. There is no law that can force a particular employer to provide unpaid leave for such purposes. The reason being that depending on the type of business it may or may not be a real hardship for the employer to do so. What if all of his employees are volunteers and they all want to leave for a few weeks at a time? What if some key employees are volunteers? What if temporary employees would have to be brought in to take up the slack?

Although on a case by case basis my company will usually allow us to participate either by taking accrued time off or unpaid leave. For Union workers it would have to be bargained for in their contract. At this company, the union has not asked for nor received such consideration.

I am sure the law will allow companies to provide unpaid leave but not require it.

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