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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