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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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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Every person has his or her own right. As an employer, you should ensure that you observe all the rights of your employees. You should not discriminate your employees. The people working in the military also have their own rights. You will realize that both federal and California law basically provides protection from discrimination for employees who normally leave their job to serve in the military. The following is information regarding military leave in California:
1. Right to a leave of absence.
You will realize that advance notice of a military leave of absence is not normally required if it is impossible or precluded by the military necessity. To qualify for this right, the employee must give advance written or verbal notice to his or her employer. You will realize that the absence may not actually exceed five years combined from the same employer. In this case, the employee must submit an application for reemployment. If he or she fails to do so, he or she should report to work soon after his or her period of military is over.
2. Paid time off and pension issues.
You will realize that employees are normally entitled to use accrued vacation or paid time off benefits for the time served, provided the accrual occurred before the leave. However, the employer might not require to use these benefits for the time served. An employer may not treat the leave as a break in service for purposes of the employee’s participation in a pension plan.
3. Right to benefits and seniority
Basically, employees have the right to keep the seniority they earned up to the time they went on leave in addition to the level they would have earned had they continued work. In addition, employees are also entitled to all benefits relating to their seniority, including the benefits associated with the level they would have achieved had they continued work.
4. Right to continue health plan
The employee may elect to continue coverage for the lesser of the following two periods:
· The 24-month period from the day leave begins
· The day after the employee failed but was required to apply for reemployment.
If the leave of absence was for less than 31 days, any health benefits must continue and the employee might not be required to pay a premium higher than the employee share. If the leave was for 31 days or more, health benefits will continue, but the employee may be required to pay up to the full premium.
Those are some of the laws and policies regarding military leave in California. If you work as a military in California, you should be aware of these rights.

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