Military Leave Service Without Permission
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FAQ
You don't have a "right of refusal" for military leave and cannot take any adverse action against the service member, or threaten to take adverse action, for leaving for service.
Yes, under USERRA, Service members are not required to provide documentation to prove an absence was due to uniformed service, unless that service is more than 30 days and the documentation is requested by the employer.
Desertion typically involves the intent to leave one's unit or place of duty permanently, but an offender who is AWOL for 30 days automatically is considered to have deserted his or her post (without proof of intent).
Upon presentation of active duty orders in the Armed Forces, National Guard, or Naval Militia, the appointing power shall grant a military leave of absence for the period of active duty specified in the orders, but not to exceed five years for a permanent, probationary, or exempt employee, or for the remainder of a ...
If there is a legitimate business reason for the layoff and for the selection of the employee on military leave, an employer may be permitted to lay off an employee who is on a military leave of absence under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
