Is my job protected if I join the reserves?
Under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), U.S. military veterans and members of the active and reserve components of the armed forces are entitled to job-protected leave to complete training or serve active duty.
How does leave work in the reserves?
As part of the military pay and benefits package, military service members earn 30 days of paid leave per year. Reserve component members, including National Guard, also accrue leave at the rate of 2.5 days for each month that they are on active duty order.
Can I be fired for being a reservist?
Discrimination. USERRA protects you from discrimination because of your reservist service. This includes your initial employment; an employer can’t refuse to hire you because you’re in the reserves, and he can’t fire you if you join the reserves after you’re hired.
Can you take leave in the reserves?
An employee is entitled to time off at full pay for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces. Any full-time or permanent part-time employee is entitled to military leave. An employee can carry over a maximum of 15 days into the next fiscal year.
Do employers hire reservists?
Legal protections exist to limit potential adverse effects, in the form of the Uniform Services Employment and Reemployment Rights Act (USERRA) of 1994, which prohibits employers from discriminating against reservists in hiring, retention, reemployment, and promotion due to their military membership.
What employers are required to provide military leave?
Under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), employers are obligated not to discriminate against employees based on their service, to provide military leave to employees called to service, and to reinstate employees returning from service in their former jobs.
How long does a company have to hold your job while on military leave?
five years
USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to five years (the previous law provided four years of active duty, plus an additional year if it was for the convenience of the Government).
Can a reservist sue the military?
We represent people and businesses that have been wronged by the military or by Veteran Affairs. Dependents, retirees, civilian employees, and unaffiliated civilians are eligible to sue. Unfortunately, most active duty members of the military CANNOT sue the military.
Does the Army Reserve help you find a job?
The Reserves offers a variety of job opportunities based on your skills, interests and strengths. Your scores on the Armed Services Vocational Aptitude Battery, or ASVAB, also help determine which jobs are right for you.
How often can you take military leave?
Military members get 30 days of paid leave per year, earned at the rate of 2.5 days per month. Military leave is a bit different than traditional leave at civilian organizations, partly because it counts weekend days against the balance. And according to military regulations, leave must start and end in the same local area.
Can you get paid by your employer for military leave?
Generally, only public employers are required to pay for any part of military leave. Private employers may grant annual leave with or without pay and may pay for all or part of the leave. In the case of active duty leave, the employer may adopt a policy of paying the difference between civilian pay and military pay.
What is the federal law regarding military leave?
Federal Law: USERRA. USERRA, a federal law, prohibits discrimination against employees who are in the U.S. Armed Forces , have served in the military, or take leave to serve in the military. USERRA provides valuable additional protections, too. It requires employers to reinstate employees who take up to five years off for military service,…
Does US Army have to pay for leave?
Also, the military can pay members for unused leave at certain points in their careers such as reenlistment and voluntary retirements, separation, or discharge. By law, members may receive accrued leave payment up to a maximum of 60 days during their military career.