Who is entitled to military leave?
How does an employee apply for military leave?
Is military leave paid or unpaid?
What job rights do employees have while on military leave?
Military leave is federally protected time off that ensures civilian employees serving in the armed forces can fulfill their duties without jeopardizing their employment or seniority.
Employees who are also members of the armed forces can apply for military leave. The federally protected leave covers active duty, training, and reserve duties. The cumulative length of military leave with a single employer currently is limited to five years, although certain types of military service are excluded from this limit
Employees should provide advance written or verbal notice of their military service. The notice should include the expected duration of service and the approximate return date. In situations where advance notice isn't possible, employees should notify their employer as soon as they can.
Military leave is often unpaid by default under federal law, but some businesses offer paid military leave as a benefit. Employees may also choose to use accrued paid time offor vacation days to receive compensation during their military service. Some states have laws requiring paid military leave for specific duties, such as training.
Employees on military leave retain their right to return to their civilian job or a comparable position with equivalent pay, benefit accrual, and status. They continue to build seniority and stay eligible for ongoing health insurance coverage. Employers can’t fire, demote, or deny benefits to service members because of their military duties.
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