In honor of Memorial Day weekend, here’s a summary of the rights of employees who take leaves of absence to serve our country, and their family members.
The Uniformed Services Employment and Reemployment Rights Act of 1994 protects employees who leave their jobs to serve in various military capacities.
Five year (or more) rule. An employee’s right of reemployment is good for at least a five-year term of duty, but certain special provisions may extend even that time:
*Initial enlistments that last more than five years
*National Guard and Reserve training duty
*Involuntary extensions of active duty, or recalls, especially during times of national emergency
*Convalescence after a service-related injury, up to two years (see below)
Notice requirements. Employees are required to provide advance notice of the military leave, in writing or orally, unless advance notice is “impossible, unreasonable, or precluded by military necessity.” The employee should provide notice to the employer as early as is “reasonable under the circumstances.”