If you are military personnel in the National Guard or Reserves then you know what it’s like to be called to active duty and serve for a period that lasts for several months. But even when you are away, federal state laws are in place to protect your employment. One such protection involves the issue of military leave. In California as well as in other states, military personnel and their family members can claim the benefits of a military leave in the event of a contingency. So, if you would like to learn more about the topic of military leave in California then here’s what you need to know.

What is FMLA? 

Military leave is subject to the Family and Medical Leave Act or FMLA as well as the National Defense Authorization Act of 2010. The original FMLA was amended back 2008 to allow personnel to take time off to deal with certain “exigencies,” particularly those that result from a member’s military service.

What Are The Benefits of Military Leave in California? 

A military leave confers leave with pay of up to 120 hours in each federal fiscal year. This benefit is granted to members of all uniformed services for active duty for training and for inactive duty training.

If the training is not scheduled on the personnel’s off day then he or she may request that the work schedule be rearranged or the employee or use all unused portions of the total 120 hours leave with pay.

Are You Eligible for A Military Leave in California? 

To learn about your eligibility to get a military leave in California, visit the FMLA page of the Department of Labor website. Here, you will find the text for the Military Spouse Leave Law, including eligibility requirements.

If you are currently employed in the private sector, you may also consult your employee’s handbook, as this information is usually included in such materials.

How Do You Apply for Military Leave in California? 

If you are eligible to get a military leave then the first thing you need to do is to complete the necessary federal and state certification forms for the leave. Moreover, you will also need to notify your employer about your intended leave two business days after you have received the requisite notice for the leave.

You will also need to speak with your employer if they are subject to the FMLA. If they are subject to the FMLA then they are require by law to provide you with the necessary information about their policies with regards to military leave.

Finally, you should also look at your employer’s policy and provisions with regards to military leaves then comply with the necessary requirements. Once that you have done that you will be able to get the leave.

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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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