Basic Training & Time Off Work

A variety of federal and state laws protect your job while you're in basic training

If you're in the U.S. National Guard or Military Reserves or if you are otherwise called into military service, federal -- and some state --- laws protect your job during your term of active service.

USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides for job security for military members. It allows service members who are called away for active duty, full time duty, training or funeral honors duty to return to their previous jobs once that duty ends.

FMLA

An amendment to the federal Family Medical Leave Act (FMLA) signed into law in 1998 provides further protection. The new amendments provide time off of work for service members as well as their families under certain circumstances.

State Laws

In some states, legislatures have further extended protection for military service members. The Illinois' "Military Leave of Absence Act" is one example of a law to protect those serving from losing their jobs.

Assistance

Questions or concerns regarding time off for military training, military service or related matters can be directed to the U.S. Office of Special Counsel. Visit the OSC's website for more information on these matters (see Resources).

References

• Barkerolmsted.com: FMLA Update: FMLA Qualified Exigency Military Leave Has Limits by Christopher W. Olmsted, Oct. 2010
• Obkcg.com : New amendments to Illinois' "Military Leave of Absence Act" by Brian J. O'Connor Feb. 1, 2004
• DoDEA HR Advisor, May 2010
• U.S. Dept. of Labor: The Uniformed Services Employment and Reemployment Rights Act (USERRA)
• Military.com: USERRA Overview

Resources

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