West Virginia Military Leave Policy
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FAQ
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.
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.
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.
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.
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.
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.
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.
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.
