Military Leave & Employees' Legal Rights under Employment Law
Military Leave & Employees’ Legal Rights under Employment Law
What is Military Leave?
Military leave allows employees who are members of the military, including reserves and National Guard, to take time off from their civilian jobs to fulfill military service obligations without risking their employment.
Key Legal Protections for Military Leave
1. Uniformed Services Employment and Reemployment Rights Act (USERRA)
The primary federal law protecting the employment rights of military service members.
Applies to all employers in the U.S., public and private.
Employee Rights Under USERRA
a) Right to Leave
Employees can take leave for active duty, training, drills, and certain military-related activities.
Leave can be for any length of time required by the military service.
b) Job Protection & Reemployment
Upon returning from military service, employees have the right to be promptly reemployed in the same or a comparable position.
Reemployment includes equivalent seniority, status, and pay.
c) Protection from Discrimination and Retaliation
Employers cannot discriminate against employees or applicants based on their military service.
Prohibited from retaliating against employees for exercising their military leave rights.
d) Health Insurance Coverage
Employees on military leave may elect to continue their employer-sponsored health insurance for up to 24 months.
If they do not continue coverage, they must be reinstated without waiting periods or exclusions upon return.
Eligibility for Military Leave under USERRA
Applies to all employees who leave employment to perform service in the uniformed services, including reserve and National Guard duty.
Applies regardless of length of employment prior to leave.
Employer Responsibilities
Provide military leave without penalizing the employee.
Reinstate employees promptly upon their return.
Maintain employee benefits and seniority during leave.
Avoid discriminatory practices against service members.
Additional Considerations
Some states have additional military leave laws that provide broader protections or benefits.
Employers may require advance notice from employees when possible.
Employers may require documentation of military service.
Consequences of Violating Military Leave Laws
Employers who violate USERRA may face complaints filed with the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) or lawsuits in federal court.
Remedies include reinstatement, back pay, benefits, and damages for emotional distress or punitive damages in cases of willful violations.
Summary
Military leave laws under USERRA ensure that employees who serve in the military can fulfill their service obligations without losing their civilian jobs or benefits. Employers must comply by granting leave, protecting reemployment rights, and prohibiting discrimination.
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