It is very common for members of the military to have two careers- their temporary positions in the military along with a regular job in the private sector. Often, these service members are required to leave their regular job in order to serve. However, under state and federal laws such as USERRA, these service members are eligible for leave their regular job to serve in the military without coming back to the possibility of unemployment. Here’s what you need to know about military leave laws in California:

What is USERRA?

In California, there are certain federal laws that protect the employees who seek leaves from their regular jobs to serve in the military. One of these federal laws is called USERRA (Uniform Service Re-employment Rights Acts) which ensures that members of the military are not discriminated against for their absence during their service periods.

How does USERRA protect service members? 

After a member of the military returns from their leave, USERRA ensures that the employee is reinstated to the position they would have held had they not left for military service. This is inclusive of all the benefits and other advantages received in that line of employment. The employee must, however, apply for reinstatement 40 days after the leave.

Does USERRA apply to part-time employees? 

Under USERRA, part-time employees should be reinstated if there is an open position. Employers with more than 16 employees are required to provide 10 days unpaid leave to employees who are care givers are family members or caregivers to the injured militias in their line of duty. In addition, efforts should be taken to ensure that the employee is qualified for the new positions they may get or provided with a substitute. Firing should only be for a good cause after 180 days or 1 year. Unpaid leave is thus required from private employers to their employees who take 17 days of military training and drills in California.

How can I make sure I am protected under USERRA?

Under USERRA, it is the responsibility of the employee to provide a notice of their leave to their employer well in advance. To receive full protection by USERRA the employee must complete a few requirements. These requirements for the leave include:

• Notice to the employer for the military leave.
• Notice for being discharged from the military.
• Application of reinstatement before 40 days elapses after the leave.

What does this mean for employers? 

If the employee completes these requirements, they will receive all the benefits that USERRA provides. After the leave, the employer is prohibited from discrimination after their military service. In addition, the employer should  find out whether the employee was honorably or dishonorably discharged or whether they completed their service. In circumstances where the employee is disabled in that field of duty, their benefits of duties should not be terminated for up to 52 weeks.

For those employees who undergo discrimination after serving the military or they are denied their rights stated in the California state laws should feel free to report to the department of justice that is set to enforce the USERRA laws that protect the rights of all the employees who serve in the military.

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As by United Employee Law Group, if an employee is called to military duty or has been injured on military duty, then they have the right to take time off to sort out their issues with health and other personal matters.

The California Federal law does instruct the employers to ensure that employees are given time off from work in order to fulfill their military duties and also to handle issues when an immediate family member has been injured on military duty. Also, the laws have been modified to suit the employees more.
New Implications
As per the leave act, an employee is entitled to take up to twelve weeks of break in one year in order to handle issues related to military duty and also injury due to active military service. The twelve weeks can be taken all together or in parts.

In addition, an employee can take a total of twenty-six weeks off in a calendar year to look after a family member if they have been grievously injured during military service. These twenty-six weeks are inclusive of the twelve weeks. However, there have been several questions raised about this law. So, the Department of Labor does plan to issue a final draft on the agreement which will clearly mention what the rights are. This particular leave is not in effect completely as of yet.

The law states, however, that any qualifying emergency has to be considered and permitted. This means that the employer cannot fire you for attending military duty and taking the twelve weeks off. When you come back, the employer has to accept you back at the same position and also without cutting your pay.

Eligibility

To be eligible for a military leave in California, you must be a member of the National Guard or the Naval Militia. Other eligible members are members of the reserve corps of the armed forces and the members of California State Military Reserve.

Procedures

Here are the requirements for employees requesting for a military leave in California. The policies must be complied upon for the employee to be allowed to take leave:

All those eligible should request the leave with advanced notice as practicable.

An eligible member should give a copy of fully filled leave request form to either a supervisor or human resource person who will in turn give back a copy of their orders or any written certification to show that the employee has been called to federal military duty for purposes of drills, encampment, special exercise, and many others.

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