Does USERRA protect vacation time?
Does USERRA protect vacation time?
USERRA requires an employer to allow an individual to use earned vacation credits while absent for service, providing that usage is at the employee’s request.
Can an employee be required to use earned vacation while performing military service?
You can’t require that a service member use vacation time to perform military service, but you must allow him or her to use any accrued vacation time to perform service.
Does my employer have to give me time off for MEPS?
If you notify your civilian employer, you have the right, under federal law, to a day or two off from work to get to the MEPS, take the examinations, and return to your home and then back to work. You can have the right to return to your job even if you were found unfit for military service. See Law Review 50.
What does USERRA cover?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law, passed in 1994, that protects military service members and veterans from employment discrimination on the basis of their service, and allows them to regain their civilian jobs following a period of uniformed service.
How long does USERRA protect my job?
USERRA reemployment rights apply if the cumulative length of service that causes a person’s absences from a position does not exceed five years. Most types of service will be counted in the computation of the five-year period. Exceptions – Eight categories of service are exempt from the five-year limitation.
Does USERRA require paid leave?
In general, the courts have found that USERRA requires employers to pay employees for military leave if the leave closely resembles other types of leave for which employees are paid. However, there is little clarity on what other types of leave are comparable to a military-related absence.
Does USERRA require an employer to provide benefits to employees with military obligations that are not made available to other employees?
Employers, regardless of size, are required to provide to persons entitled to the rights and benefits under USERRA, a notice of their rights, benefits and obligations. Employers may provide the notice “Your Rights Under USERRA” by posting it where employee notices are customarily placed.
Do you get vacation time in the military?
Everyone in the military earns 2.5 days of leave (vacation time) for every month of active duty service. That doesn’t mean you get to use your vacation any time you want.
Is weekend drill considered active duty?
You drill approximately two days a month, with two weeks of Annual Training each year. You are considered to be on Active Duty during job skill and Annual Training, and paid accordingly. Weekend drill provides training on many different levels, and may take place at your local armory or another designated location.
How long is USERRA leave?
five years
USERRA generally allows employees to take cumulative leave for up to five years, but there are some exceptions, including for initial enlistments that last more than five years, periodic National Guard and Reserve training duty, and involuntary active duty extensions and recalls, particularly during a national …
