Military Leave is a job-protected leave of absence granted to employees who serve in the military, including active duty, training, or reserve duties. This leave allows service members to fulfill their military obligations without losing their civilian employment. Laws such as the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the U.S. provide protections to ensure employees can return to their civilian jobs after military service.
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Key Facts
- Purpose: Allows employees to serve in the military without job loss.
- Legal Protection: Governed by laws like USERRA that protect job rights and benefits.
- Types: Covers active duty, training, reserve, and National Guard service.
- Duration: Varies based on military orders but can extend for months or years.
- Benefits: Employees may continue benefits, seniority, and must be reinstated upon return.
1. What is military leave?
Time off from a civilian job to fulfill military service obligations.
2. Is military leave paid?
It depends on the employer; some offer paid leave, but many military leaves are unpaid.
3. How long can military leave last?
Duration varies from days for training to years for active deployment.
4. Are employees guaranteed their jobs after military leave?
Yes, under laws like USERRA, employees have the right to return to their position or an equivalent one.
5. Can an employer terminate someone on military leave?
Only under certain conditions unrelated to the military service; otherwise, job protection applies.
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