Can you require documentation for military leave?

Employers are permitted to request documentation for military absences of 31 days or more upon an employee’s return from leave. Employers may not require documentation before military leave.

Can an employer deny military leave?

Yes. The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits all employers from discriminating against any veteran, reservist, or National Guard member because of his or her past, present, or future military obligation.

How do I get a leave of absence from the military?

To request a temporary or extended military leave of absence, the employee should generally obtain a request for leave of absence form from HR. Written notice is preferred, but not required under the law or this policy.

What qualifies for military leave?

In order to qualify for military leave from work, the employee must offer advanced notice, written or verbal, of the upcoming military service or training. Additionally, the employee’s cumulative military leave cannot exceed five years, and he or she must be discharged honorably from military service.

How do companies handle military leave?

Generally, only public employers are required to pay for any part of military leave. Private employers may grant annual leave with or without pay and may pay for all or part of the leave. In the case of active duty leave, the employer may adopt a policy of paying the difference between civilian pay and military pay.

How long can employees be on military leave?

Employees who are in the U.S. armed forces reserves, National Guard, or Naval Militia are entitled to 17 days’ unpaid leave per year for military training, drills, encampment, naval cruises, special exercises, or similar activities.

How long can an employee take military leave?

Military family leave Under amendments to the Family and Medical Leave Act (FMLA), employers with 50 or more employees must allow up to 26 weeks of leave for eligible family members of certain military personnel to care for service members.

How many days of military leave can I have?

A Federal employee who is a member of the National Guard or Reserves is entitled to 15 days (120 hours) of paid military leave under 5 U.S.C. 6323(a) each fiscal year for active duty, active duty training, or inactive duty training.

Who approves military leave?

Convalescent leave is a non-chargeable absence from duty granted to expedite a military member’s return to full duty after illness, injury or childbirth, typically for 30 days or less. Convalescent leave is directed and approved by a doctor and your commander. It is paid leave that is not charged to your leave balance.