North Carolina Leave of Absence for Military Service is a legal provision that allows eligible employees to take time off from their job to fulfill their military duties. This leave is granted to individuals who are serving in the military, including the National Guard or military reserves. It offers job protection and benefit continuation to ensure that military personnel can serve their country without jeopardizing their civilian careers. Under the North Carolina Employment Security Act, there are two primary types of leave available for military service: 1. Military Leave of Absence: This type of leave applies to employees who have been called to active duty or deployment in the military. It covers a broad range of military obligations, such as training, drills, exercises, and deployments. Employers are required to provide up to five years of unpaid leave for active duty service members. 2. National Guard and Military Reserve Leave: This leave pertains specifically to employees who serve in the National Guard or military reserves. It ensures that these individuals can attend training sessions, drills, meetings, or any other military-related activities required by their units. The duration of the leave may vary depending on the individual's military obligations. Key benefits and provisions of the North Carolina Leave of Absence for Military Service include: 1. Job Protection: Eligible employees are entitled to reinstatement to their previous positions or equivalent positions upon completion of military service. Employers are prohibited from discriminating against employees because of their military service. 2. Benefit Continuation: During the leave, employers are required to maintain health insurance coverage for the employee and their dependents, as if the employee had not taken the leave. The employee is responsible for paying the usual share of the premium. 3. Accrued Leave: Employees may choose to use any accrued vacation, sick leave, or personal leave during their military service. This can help supplement their income while on unpaid leave. 4. Notice Requirements: Employees must provide reasonable advance notice to their employers before taking military leave, unless providing notice is impossible or unreasonable under the circumstances. 5. Reemployment Rights: Upon completion of military service, employees must submit a request for reemployment within specific timeframes to protect their rights to reinstatement. The North Carolina Leave of Absence for Military Service is designed to support and honor the commitment of individuals serving in the military. It allows them to fulfill their military obligations without fear of losing their jobs or facing adverse employment actions. This provision ensures that servicemen and servicewomen can ultimately resume their civilian careers and reintegrate into the workplace seamlessly.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.