From the Hotline: Coordinating Military Leave Pay

Question: How do you coordinate military leave with pay when an employee is out of the office for a short period of time (e.g. 1-2 days or 1-2 weeks vs. a year of leave)?

Answer: The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members’ reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation. Under USERRA, leave is not paid by the employer. However, the employee may choose to use any accrued, unused vacation, or paid time off for all or part of the leave.