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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.
The FMLA generally provides qualifying employees of covered employers with up to 12 weeks of unpaid leave per year to care for their own or a family member's serious medical condition.
You have the responsibility to provide unpaid leave to perform military service. Employees who are in the uniformed services may be called away to perform their duties voluntarily or involuntarily.
Yes. 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).
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.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) guarantees the rights of military service members to take a leave of absence from their civilian jobs for active military service and to return to their jobs with accrued seniority and other employment protections.
Whether an individual voluntarily or involuntarily takes leave to undertake military services, the USERRA protects his/her job rights. USERRA is applicable to all employers no matter how many people are employed and all employees are eligible no matter how many hours they have worked for their employer.
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.
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.