Military Leave of Absence Act

A soldier on the job.

Those who have a job and serve in the military are entitled to a leave from their job in order to perform their military duties under the 1994 Uniformed Services Employment and Reemployment Act (USERA). This law outlines the employment and reemployment rights of those who serve in the military and must take time off from their job in order to do so.

Who This Act Covers

The USERA covers those who serve in the Army, Navy, Air Force, Marines and Coast Guard. The act also covers those who serve in the reserve arms of these military branches, along with those who serve in the Army National Guard or Air National Guard. The act also applies to those who are commissioned into the public health service and anyone who the president designates in time of emergency. The act applies to those who are on active or inactive duty or training, full-time National Guard duty and physical examinations. Finally, the act applies to those who started service in the military on or after Dec. 12, 1994, or before that date, if they gave prior notice to their employer regarding their military status.

What This Act Does

USERA allows those who serve in the military to retain their employment rights for a period of five years while on active duty. The employee is allowed to return to his job at the same seniority and pay as he had when his military service began. The employee is also entitled to any retraining necessary to allow him to move back into his job. The employee's military service does not have to be continuous in order to qualify, but it may not exceed five years.

Health Care

The employee's health benefits are continued in full for the first 30 days after she leaves for active duty. On the 31st day, the employee is entitled to continue those benefits at the full premium cost. The employee and her dependents are also covered by the military's Tri-Care plan, once her stint of active duty extends past 30 days. In some cases, the Tri-Care plan's premium payments are paid by the military. Also, if the employee will be on active duty for more than 30 days and chooses to stop her participation in her employer's medical plan, the employee may re-enroll upon her return from duty as if she never left.

Retirement

Employees who must leave their jobs for military duty are entitled to continue to accrue credit toward retirement, but they must meet several criteria. They must get authorization for a leave of absence from their employer for military duty and they must return to their job within a year of leaving for active duty and remain at their job for a year after they return.

Returning To Work

Once his military service is done, an employee can return to work in several different ways. If his service was for less than 30 days, he must return to work on the next work day after his release, as long as he' has had eight hours of rest before resuming his job. For those who serve for 31 to 179 days, they must submit an application for reemployment within 14 days of the end of service. After 180 days, that application must be made within 90 days of the end of service. Also, in order to attain reemployment, a separation from active duty must be under honorable conditions. Employers are entitled to ask for documentation of such information before rehiring the employee, though the employer must re-hire the employee if he meets the other criteria until documentation is available. If it's found the employee did not meet any of the criteria for reemployment, he may be terminated.

References

• Military Leave of Absence
• Implementing the Military Leave Bill

Resources

• U.S. Office of Special Counsel: Uniformed Services Employment and Reemployment Rights Act