If you are a member of the United States military, or if you employ someone who is, then you must be aware of the federal rights granted to members of the military. An employer may not refuse to employ or reemploy a person simply because they are a member of the National Guard or a branch of the Reserves. An employer also may not take any adverse action against a current employee for that reason.
To be entitled to reemployment, the employee generally must have given advanced notice of their deployment, must not have had a total of five years absence by reason of prior deployments, and the employee must have submitted an application for reemployment. The military member must be reemployed at the job they would have obtained absent military service, and with the same seniority and pay.
Moreover, these rules apply regardless of the size of a company. It is also important to note that a military leave cannot affect a worker’s right to bonuses, vacation time, advancement or other employment benefits. However, an employer need not pay an employee while the employee is away for military service.
There are various exceptions to these general rules. If you are a member of the armed forces and want to know your rights, or if you are an employer and would like to know your obligations under the law, consult an attorney.
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