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A former employee, Harry, is part of the Air Force reserves and has returned after spending an extended amount of time in Iraq. Are you obligated to reemploy him? Is there any limit on the amount of time Harry can use for military leave? |
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Answer: |
Yes. Reemployment rights extend to employees who have been absent from their civilian jobs by reason of service in the uniformed services. Military leaves of absence and reemployment rights of veterans and reservists are governed by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). USERRA also prohibits discrimination and retaliation based on military service.
By and large, employees are not allowed to take an unlimited amount of military leave. Generally, there is a five-year limit on the cumulative length of an employee’s service-connected absences from an employer. Thus, after five cumulative years have passed, you no longer need to offer reemployment rights.
Almost all types of military service are to be counted in computation of the five-year period. However, there are some exceptions to the types of service that are counted. The following categories of service are exempt from the five-year service limitation:
- Service required beyond five years to complete an initial period of obligated service.
- Service from which an employee, through no fault of his or her own, is unable to obtain a release within the five-year limit.
- Required training for reservists and National Guard members.
- Service under an involuntary order to, or to remain on, active duty during domestic emergencies or national security related situations.
- Voluntary or involuntary service under an order to, or to remain on, active duty (other than for training) because of a war or national emergency declared by the President or Congress.
- Service during circumstances other than war or national emergency by volunteers ordered to active duty in support of a critical mission or requirement, as designated by the federal government or military branch concerned, in times other than war or national emergency and when no involuntary call-up is in effect.
- Service by members of the National Guard called into action by the President to suppress an insurrection, repel an invasion, or to execute the laws of the United States.
Source: When Duty Calls: Military Leave and Veterans’ Rights |
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