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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