No. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) governs military leaves of absence and reemployment rights of veterans and reservists. Under USERRA, reemployment rights extend to employees who have been absent from their civilian jobs by reason of service in the uniformed services.
Generally, an employer must offer reemployment rights regardless of whether the performance of duty was on a voluntary or involuntary basis. Types of military service covered by the law include:
- active duty;
- active duty for training;
- initial active duty for training;
- inactive duty training;
- full-time National Guard duty; or
- absence from work for an examination to determine an employee’s fitness for any of these types of duty.
USERRA does not require employers to offer reemployment rights to employees who serve as National Guard members of nonfederally funded State National Guard duties. In addition, employers do not have to offer reemployment to employees who missed work to participate in promotional type duties for which the employee was not under express orders from a competent military authority.
In this instance, Sally is not entitled to reemployment benefits because she was not performing military service “under competent authority.”
Source: CCH When Duty Calls: Military Leave and Veterans’ Rights