Maryland Military Leave Policy provides protective measures and benefits for employees who serve in the military. This policy allows active-duty military personnel to take time off from their civilian jobs without facing adverse consequences. It ensures job security, continuation of benefits, and safeguards against discrimination or retaliation. Under Maryland's Military Leave Policy, employees are entitled to certain types of military leave, including: 1. Uniformed Services Employment and Reemployment Rights Act (SERRA): SERRA protects the rights of employees who leave their civilian jobs to serve in the military. It mandates that individuals are entitled to be reemployed in their previous position or a similar one upon their return, without losing seniority, accrued benefits, or pay raises. SERRA also prohibits discrimination against individuals based on their military service. 2. Annual Training Duty: Maryland's military leave policy allows employees to take leave for annual training duty. This refers to the mandatory periodic training sessions conducted by the military for the Reserves or National Guard. Employees are entitled to a reasonable amount of unpaid leave to fulfill these training obligations. 3. Involuntary Active Duty: In the event of involuntary active duty, such as a deployment or mobilization, Maryland's military leave policy protects employees by providing job protection and continuation of benefits. It ensures that their positions are preserved while they fulfill their military obligations. 4. Military Family Leave: Maryland recognizes the importance of supporting military families. The military leave policy includes provisions for family members, allowing them to take time off to attend military-related activities, such as deployment ceremonies, homecomings, or other family support functions. 5. Military Leave Benefits: Maryland's military leave policy ensures that employees continue to receive benefits while on military leave. This includes maintaining health insurance coverage, retirement plan contributions, and accumulating vacation and sick leave credits as if they were actively working. Employers in Maryland are required to follow these policies and provide employees with the necessary information about their rights and entitlements under military leave laws. By doing so, employers demonstrate their support for employees' military service and comply with the laws designed to protect them.
Maryland Military Leave Policy
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FAQ
Annual Leave: Active duty Soldiers earn 2.5 days of annual (chargeable) leave for each month of service, for a total of 30 days per year. Currently, Soldiers can bank up to 60 days of leave at the end of the fiscal year.
An employer is prohibited from requiring employees to use their leave benefits for a military absence; however, the employer must allow the use of paid leave if an employee requests it.
Can an employer require an employee to produce military orders before granting a military leave of absence? No. The Uniformed Services Employment and Reemployment Rights Act (USSERA) requires that an employee or a responsible military official provide advance notice to the employer of 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.
As part of the military pay and benefits package, military service members earn 30 days of paid leave per year. You start at zero and for every month of military service, 2.5 days of leave get added to your leave account.
Leave is a Commander's program. The Command cannot stop you from formally requesting leave. If you request leave and it is denied, ensure you keep the leave request form showing it was denied for your records.
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.
Unused military leave may be carried over into a succeeding FY year providing for a maximum balance of up to 240 hours (or 30 days) during a FY. If the carried over military leave is unused by the end of the current FY, it is forfeited and may not be restored for use.
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.
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.
