Subject to the rules and exceptions discussed below, USERRA guarantees an employee returning from military service or training the right to be reemployed at his or her former job (or as nearly comparable a job as possible) with the same benefits. Aspects of the law may change over time.
Format of a Leave Approval Letter Approval of time off: Begin the letter by stating that the employee's leave has been approved. Confirm leave details: Confirm the start and end dates of the leave, as well as the total number of days and briefly reiterate the reason for the leave as stated in the employee's request.
5 U.S.C. 6323 (a) authorizes 120 hours (15 days) of military leave per fiscal year (FY). This type of military leave is applicable to members of the Army, Naval, Marine Corps, Air Force, or the Coast Guard Reserves, including the National Guard of the District of Columbia (DC).
Regular leave is used on workdays and also any time the service member is leaving the vicinity of their duty station, as defined by their command, on a weekend or holiday. Emergency leave is leave that is taken in response to a family or other emergency situation. Emergency leave is usually authorized very quickly.
Yes, under USERRA, Service members are not required to provide documentation to prove an absence was due to uniformed service, unless that service is more than 30 days and the documentation is requested by the employer.
However, per Department of Defense Instruction 1205.12, the Military Departments are required to verify periods of uniformed service upon an employer's request, regardless of duration of the service-related absence. Employers may reach out to the employee's military chain of command to request this verification.
Yes, under USERRA, Service members are not required to provide documentation to prove an absence was due to uniformed service, unless that service is more than 30 days and the documentation is requested by the employer.
Federal law requires that when a reservist requests leave to attend military training the employer must grant it.
When can an employer ask for discharge documentation? There is no prohibition against an employer asking a prospective employee about their military status if it has a non-discriminatory business interest in doing so.
1. The Servicemember requests leave on their service's leave and pass request. 2. The Servicemember submits the request to their first line supervisor. 3. The Supervisor gives their recommendation to approve/deny the leave and submits the leave form to the approving authority. 4.