Delaware Application for Military Leave Bank
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How to fill out Application For Military Leave Bank?
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FAQ
Leave is valued at 1/30 of base pay per day cashed in. No other allowances, such as BAH or BAS, are included in the value of leave. 37 U.S. Code § 501(b)(1). For enlisted members only, discharge includes the expiration of an enlistment term, even if the member reenlists.
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.
Prevent firing without cause In addition to being protected from discrimination, employees who take military leave of absence are also protected from retaliation. Employers cannot fire an employee because of military leave.
Leave is paid vacation from duty for recreation and relief from the pressures of job-related duties. You may also take leave for personal reasons and emergency situations. Leave is a right (not a privilege) that is granted by Congress under federal law.
Commanders may authorize up to 30 days of emergency leave. Emergency leave is ordinary (chargeable) leave; the only portion not chargeable is trans-oceanic travel.
Employees also are entitled to use any accrued or accumulated annual leave for periods of active military duty. Employees using annual leave will receive their full civilian pay, as well as compensation for their military service.
No. As stated previously, an employer may not require documentation for notification prior to military duty. Further, an employer does not have a"right of refusal" for military leave of absence, so long as the employee has not exceeded the 5 years of cumulative service provided under USERRA.
Since 1993, the FMLA has provided unpaid, job-protected leave for those living with a serious health condition, or caring for a family member with a serious health condition. The Military Family Leave provisions, first added to the FMLA in 2008, afford FMLA protections specific to the needs of military families.
Charging Military Leave.The minimum charge is one hour. An employee is charged military leave only for hours that the employee would have worked and received pay.
Submit your Military Leave of absence through HR/Pay »:Navigate to Self Service > Time Reporting > Report Time > Absence Request.Select Military Leave in the absence name field.Select either Training or Deployment in the reason name field.
