Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.

My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency, commanders often have discretion to grant leave, but they are not legally bound by a doctor's note.

However, if you believe your leave request is being unreasonably denied, especially in light of such serious family circumstances, you have options. First, you can discuss the situation with your immediate chain of command or seek guidance from your unit's JAG officer. They can provide specific advice on military regulations and policies regarding leave in such situations.

If these steps don't lead to a satisfactory resolution, consider contacting the Inspector General (IG) of your service branch. The IG can review your case for any potential violation of military policy or undue hardship.

Remember, while military commanders have considerable authority, they are also expected to consider the welfare of their personnel, especially in cases of family emergencies. Your situation, given its seriousness, should be addressed with sensitivity and understanding by your command.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.