I have be called to active duty with the national guard. Is military leave covered by FMLA?

Question

My employer told me that they do not have a policy for military leave of absence. How would taking FMLA affect my employment?

Answer 1

JOB RIGHTS FOR VETERANS AND RESERVE COMPONENT MEMBERS

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA 38 U.S.C. 4301-4333)

Answer 2

they have to hold your job for 12 months I believe.  I would look it up for call the VFW or veterans affairs.  They will be able to help you.

Answer 3

The Federal Government will cover your job. I don't know who you work for but they obviously don't know the law. This is part of joining the Reserves and National Guard.

Answer 4

FMLA is for medical situations only

http://www.dol.gov/vets/programs/userra/...

provides information for you situation

thanks for serving your country

Answer 5

not covered under FMLA.  it IS however covered under USSERA.  basically, your employer is required to hold your job for you.  they are NOT, however, required to pay you.    they are required to grant you vacation days and raises as if you were still there.  

say for instance every year you get a 2% pay raise and an extra week of vacation.   even though you are gone for a year, they are STILL required to add those to your file as if you were punching the clock every day.  

  Upon your return they must give you back your old job..or one of equivalent pay and rank.  

Medical coverage is a grey area, as you will be covered under the military, and your family members will be as well.. BUT they cannot penalize you if you choose to drop theirs while you are activated.  

Answer 6

You do not need FMLA.

Federal law protects your job, while you are gone.

When you return, your employer must rehire you at the same job or an equivalent job.

IE: the pay and responsibility must be the same.

Even if it means firing someone else.

You might want to search for the

Soldiers and Sailors relief act , and print out the relevant section and give it to your boss.

Answer 7

Yes you are covered. I have been out of the Marines for 2 years and was just involuntarily recalled back to active duty for another year. Your employer is an idiot and if they terminate your job for you there  are lawyers that will work probono and sue your employer. On top of that there are laws that Im sure you can find on the department of labor website that protects you.