Our employment attorneys have experience representing employees who have issues with their current employers because of military leave. If you have been denied the right to take military leave or your employer has refused to rehire you after taking military leave, contact our discrimination lawyers today.
The Uniformed Services Employment and Reemployment Rights Act (“USERRS”) protects employees that are on military leave. For example, an employee who is a member of the National Guard or Reserves is often required to report to duty.
Normally, an employee who takes military leave has the ability to regain employment if the cumulative amount of military leave time is five years or less. However, there are numerous exceptions, including where the initial enlistment lasted in excess of five years.
An employee who is injured while taking military leave may have additional rights. For example, the Americans with Disabilities Act (“ADA”) requires employers to make reasonable accommodations for employees with disabilities. This reasonable accommodation can be in the form of allowing additional time off of work or other accommodation to the job. Furthermore, employees recovering from injuries obtained while on active duty or training may have the right to take an additional two years from the date service was completed to be reinstated.
If the military service was for less than 31 days, the service member must return at the beginning of the next regularly scheduled work period on the first full day after release from service (taking into account travel time plus an eight-hour rest period).
If the military service leave was more than 30 days but less than 181 days, the service member must submit an application for reemployment within 14 days of release from service.
For service of more than 180 days, the service member must submit an application for reemployment within 90 days of release from service.
Our employment lawyers represent employees in disputes with employers other military leave. If you have been denied military leave or if your employer failed to properly reinstate you after taking military leave, contact our employment attorneys today.
