Does my employer have to hold my job if I join the military?
Employers may not deny employment, reemployment, retention in employment, promotion or any other benefit of employment because of past or present membership in the armed forces or intent to join the military. This applies to active and reserve service, whether voluntary or involuntary.
Can you have a civilian job while in the National Guard?
The National Guard is a unique element of the U.S. military that serves both community and country. Any state governor or the President of the United States can call on the Guard in a moment’s notice. Guard Soldiers hold civilian jobs or attend college while maintaining their military training part time.
Can my employer fire me if I join the military?
Prohibition Against Discrimination & Retaliation USERRA prohibits employers from discriminating against current military employees, veterans, or those applying for membership in the uniformed services. This applies to all aspects of employment, including, hiring, promotions, benefits, work duties, firing, and more.
Can I get fired from my civilian job for joining the National Guard?
You don’t have to quit your current job. You will, however, be required to attend 13 – 30 weeks of initial entry training. Your employer cannot fire you after your probation period for joining the National Guard. You are protected under law.
How long do you have to be in the National Guard to get benefits?
Generally, you must have 90 days or 24 months of active service (depending on when you served) to qualify. *You are also eligible if you previously completed 24 continuous months of active service prior to the date above, or received an early discharge under Section 1171 of Title 10.
Is National Guard considered active duty?
Individuals serving in the U.S. Army National Guard or Air National Guard are not considered active-duty service members. However, they can be called up to active duty at any time, depending on the needs of the military.
Can I join the reserves and keep my job?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that gives members and former members of the U.S. armed forces (Active and Reserve) the right to go back to a civilian job held before being called up for Active duty.
Do you have to use PTO for National Guard?
While on active duty, you may choose to use any personal vacation you have earned with your employer. The employer cannot require you to use vacation.
Can you go full-time in the National Guard?
Can I serve full-time in the Guard? Yes. The Guard has several types of full-time employees. Within each state there are full-time personnel who manage the day-to-day operations of the units in their state or territorial Guard.
What are the rights of an employee returning from military service?
Subject to the rules and exceptions discussed below, USERRA guarantees an employee returning from military service or training the right to be reemployed at his or her former job (or as nearly comparable a job as possible) with the same benefits. Aspects of the law may change over time.
Do employers have to give time off for military service?
Employers must grant time off for military duty. Upon completion of military service, reservists must be given their civilian jobs back, provided that they meet the basic eligibility criteria of the reemployment rights law.
Can an employer deny employment to someone in the military?
♦ Employers may not deny employment, reemployment, retention in employment, promotion or any other benefit of employment because of past or present membership in the armed forces or intent to join the military. This applies to active and reserve service, whether voluntary or involuntary. Employers must grant time off for military duty.
Does my employer have to notify me of military leave of absence?
No. As stated previously, an employer may not require documentation for notification prior to military duty. Further, an employer does not have a “right of refusal” for military leave of absence, so long as the employee has not exceeded the 5 years of cumulative service provided under USERRA.