Military Leave Requirements

The Uniformed Services and Re-employment Rights Act of 1994 (or USERRA) provides employment protection for U.S. military reservists who are called into active duty. It makes sure to protect the jobs of people who are called into service of their country and requires employers to re-hire them when they return from service in the Armed Forces.

It is important to safeguard our military reservist’s professional careers and ensure their stability when they return home from service. The laws that regulate employer’s actions toward individuals returning from military service are designed to allow them an easy transition back into their chosen professions. If your employer fails to follow the guidelines set by USERRA, contact the San Antonio employment lawyers of Melton & Kumler, LLP at 800-681-6932.

USERRA Protections

USERRA guidelines provide the following protection for military reservists:

• Employees with written orders to report to active duty must be allowed to vacate their civilian positions to fulfill their orders without penalty from their employer.
• Employers must not require employees serving in the reserves to use vacation or sick time to cover time missed as a result of their service
• Businesses cannot deny employment, re-hiring, benefits, or promotion to any person serving in the reserves.
• Vacated positions may be filled with contract or temporary workers, but the position must be vacated for the reservist upon return.
• Returning service members must be re-hired at the same level they were at when they left.

Contact Us

If you have experienced discriination or employment practices that violate USERRA guidelines after returning from military service, contact the San Antonio employment lawyers of Melton & Kumler, LLP at 800-681-6932.