Military Leave from Work

With the war in Iraq and Afghanistan still going strong, those people who are in the National Guard are going to be continued to be called upon to serve their country on active duty.  Luckily, the laws surrounding military leave of absence greatly favor the employee over the employer.  Under the Uniformed Services Employment and Reemployment Act of 1994 (USERRA), employers must not discriminate against employees who are called to serve.  The employer must reinstate the employee if they meet the following criteria:

• The employee must give ample notice
• The total time of absence must not be more than 5 years
• The employee must required within the specified timeframe.  this timeframe varies according to the duration of the military leave

It gets better … the employer is not allowed to fire you without cause (i.e. lay you off) within 1 year after your return.  Additionally, your position, salary, benefits, responsibilities, etc must be at the levels they would’ve been if you had never taken the leave and worked continuously, assuming you are qualified.  Even if you aren’t qualified, the employer must help you become qualified.

Basically, if you’re called to serve, don’t worry about your job situation … Uncle Sam has got your back when you return.