Massachusetts Military Leave Policy
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FAQ
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.
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.
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.
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.
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.
Types of Military Leave 5 U.S.C. 6323 (a) provides 15 days per fiscal year for active duty, active duty training, and inactive duty training. An employee can carry over a maximum of 15 days into the next fiscal year.
Annual Leave: Active duty Soldiers earn 2.5 days of annual (chargeable) leave for each month of service, for a total of 30 days per year. Currently, Soldiers can bank up to 60 days of leave at the end of the fiscal year.
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.
