Question: Are we required to apply USERRA leave for an employee who is required to complete military service training for another country?

Answer: The USERRA protections apply to service in the US Armed Forces and related uniformed services.

In this instance, we recommend reviewing any internal leave policies which may apply along with any the employee’s available accrued leave time. Absent a federal or state mandate to provide leave, it will be up to an employer’s policy and practice to determine whether to grant the leave and what benefits and rights, if any, this employee will retain while on leave.

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