I'm concerned about taking military leave and how it might impact my job and position retention. How long can employers hold your job while you're deployed, and are there legal protections to ensure you can return to your previous role?
You certainly have legal protections when it comes to military leave and job security. The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that lays out certain protections for individuals who voluntarily or involuntarily leave employment positions to undertake military service. Under USERRA, an employer is legally required to reemploy you in your previous position (or one of similar seniority, status, and pay) upon return from military duties, as long as you meet eligibility criteria, including:
1. Your cumulative length of military service while with that employer is less than five years.
2. You give advance notice to your employer before leaving for military duty, unless it is impossible or unreasonable to do so.
3. You have not been separated from service with a disqualifying discharge or under other-than-honorable conditions.
4. You return to work in a timely manner or apply for reemployment in a timely manner upon conclusion of service.
To give you a practical example, suppose you work as a financial analyst and have to leave for military training for four months. Upon return, your employer should, in accordance with USERRA, put you back as a financial analyst.
It's also worth noting that during your military leave, you may have continuation of benefits like health insurance, and you are protected against discrimination and retaliation due to your military obligations.
So, yes, there are quite robust laws in place to protect your job while you undertake military service. However, understanding and navigating these protections can sometimes be complex, so it may be beneficial for you to seek legal advice if you encounter difficulties or need further clarification.
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