Colorado Military Leave Policy
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FAQ
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.
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.
A. Department commanders may grant terminal leave up to 90 days. Requests for terminal leave in excess of 90 days must be submitted to CMC for approval.
Definition. "Military Leave" is any time off that is provided to staff who are members of the National Guard or other reserve component of the United States Armed Services and who are called to active duty, attend scheduled reserve service, and/or temporary training duty.
A18: Yes, Soldiers may carry over up to 60 days of annual accrued leave to a future period of active duty, per para 2-3c. Soldiers who desire to carry over accrued leave at REFRAD will make the election on a DA 4187, during out-processing at the local Finance Office.
"Use or lose" annual leave is the amount of accrued annual leave that is in excess of the employee's maximum annual leave limitation for carry over into the next leave year. Employees must "use" their excess annual leave by the end of a leave year or they will "lose" (forfeit) it.
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.
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.
The DOD knows that leave is essential to the health and welfare of the force, and that the Covid-19 pandemic has significantly reduced service members' ability to take leave. In April 2020, the DOD authorized service members to accrue and retain an additional leave balance of up to 120 days.
