What is Military Leave?
Military leave is the granting of time off work (with or without pay) for military service. Under state law, employers may be required to give leave to employees if they are leaving to perform a service in the military. Depending on the nature of the leave, some states may only require leave for active duty while others allow for training as well. Will I Still Get Paid and Can I Get Fired?
State laws usually forbid discriminating against those in the military. Military leave is usually unpaid, but some states do provide paid leave for those in the public sector. On the other hand, employers cannot fire or terminate an employee simply because he goes on military leave. An employer, after the employee returns, must re-employ him or her. Further, there cannot be a reduction in pay or loss of benefits. There may also be other restrictions in state laws, including: - The returning employee must prove that he has completed his service
- Sometimes an employer does not have to re-employ the returning serviceman if his reinstatement is unreasonable due to changes in the workforce
- If the employee was dishonorably discharged, he may not be re-employed
- The employee may be required to request reinstatement in a specified time period
- The employer may have to offer a suitable substitute position to a returning employee who can no longer perform his previous job
What about Federal Employees?
Federal employees are entitled to military leave as well. Full-time civilian employees are entitled to military leave if their appointment is not limited to one year. As a federal employee, you are entitled to: - 15 days per year for active duty, active duty training, and inactive duty training
- 22 days per year for emergency duty (ordered by the President, Secretary of Defense, or State Governor)
- Unlimited leave for members of the National Guard of the District of Columbia for certain duties
- 44 workdays of military leave for Reserve and National Guard Technicians for duties overseas
Do I Need a Lawyer Experienced with Military Leave Issues?
Because of the various laws of the states and the federal government, a lawyer would be able to help you determine what your rights as a military serviceman or servicewoman are. A local lawyer would be able to help you determine whether or not you are entitled to pay while you are serving. |
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