When does USERRA require an employer to grant military leave?
USERRA applies to service in the “uniformed services.” This includes the Armed Forces (including the Coast Guard), the National Guard, the Reserves and the Public Health Service’s commissioned corps and intermittent disaster-response appointees. In general, if an employee’s absence is necessitated by uniformed service, the employer must give the employee time off for that military service. The employer is entitled to advance written or verbal notice of the military service from either the employee or an appropriate military officer, unless advance notice is precluded by military necessity or is otherwise impossible or unreasonable. The employer may not impose additional conditions on time off for military service. Must an employer pay the employee for any part of the military leave? No, this is not required by USERRA. However, state laws sometimes require paid military leave (e.g., RCW 38.40.060 requires Washington public employers to provide 15 working days of paid military leave per
Related Questions
- Can an employer require an employee to apply for military leave of absence or otherwise submit official documentation for approval of military leave of absence?
- Can an employer require an employee to produce military orders before granting a military leave of absence?
- When does USERRA require an employer to grant military leave?
