May a state employee who receives official orders to report for military service use accrued, unused annual and compensatory leave during the period of military service?
Yes. The Uniformed Services Employment and Reemployment Rights Act (USERRA) ยง4316(d) allows any person whose employment is interrupted by a period of military service to be permitted, upon request of the employee, to use during such periods of military service, any vacation, annual, or similar leave with pay accrued by the employee before the commencement of such service. However, no employer may require any employee to use such leave.
Related Questions
- If a state employee is called to active military service for a declaration of an emergency, is he eligible for any additional military leave with pay beyond the 15 days?
- Will an employee retiring or separating from state service after July 1, 2009 but before June 30, 2010 be eligible for payment of any unused Section 25 Leave Days?
- When may an employer require an employee to provide official, written military orders?
