Can an employer require an employee to use earned vacation time while performing military service?
No, employees are entitled use to earned vacation while on leave but generally may not be required to do so. What about seniority, longevity, or years of service for the rate that vacation is earned? For many companies, the rate of vacation accrual is based on longevity or seniority. For example, take a company where employees with 0-2 years are entitled to 10 days vacation per year, 3-5 years are entitled to 15 days vacation per year and so on. If a person has 2 years with the company, and then goes on military leave of one year, upon their return, for vacation purposes, they are treated as if they have been with the company for three years. This rule embodies the escalator principle and is well established under the law. Does an employee continue to earn vacation while away? This is more complicated issue than the rate of vacation accrual. Nowhere does the USERRA expressly state that employees continue to earn vacation while absent on military leave. However, in some circumstances th
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- Can an employer require an employee to use earned vacation time while performing military service?
