Kentucky Military Leave Policy
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FAQ
The 90-day rule refers to a provision where service members cannot take more than 90 consecutive days of leave without specific authorization. This rule is part of the broader military leave policies and is designed to ensure operational readiness. Understanding this rule can help you plan your military commitments effectively.
Leave is a Commander's program. The Command cannot stop you from formally requesting leave. If you request leave and it is denied, ensure you keep the leave request form showing it was denied for your records.
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.
An employer is prohibited from requiring employees to use their leave benefits for a military absence; however, the employer must allow the use of paid leave if an employee requests it.
Under California Government Code §19775, individuals who are employed in California are entitled to up to 30 days of paid military leave for active duty (including active duty training). The paid military training does not cover leave for inactive duty training, such as drills.
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.
Leave is paid vacation from duty for recreation and relief from the pressures of job-related duties. You may also take leave for personal reasons and emergency situations. Leave is a right (not a privilege) that is granted by Congress under federal law.
As part of the military pay and benefits package, military service members earn 30 days of paid leave per year. You start at zero and for every month of military service, 2.5 days of leave get added to your leave account.
Since 1993, the FMLA has provided unpaid, job-protected leave for those living with a serious health condition, or caring for a family member with a serious health condition. The Military Family Leave provisions, first added to the FMLA in 2008, afford FMLA protections specific to the needs of military families.
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.
