Los Angeles Military Employment Attorneys
Returning to Work as a Public Employee after Military Leave
Public employees who are members of the Army reserve, National Guard, or other military reserves generally have a right to temporary military leave for the purpose of active training, inactive duty training or other military activity. If the employee has worked for the same employer for at least one year and the temporary military leave does not exceed 180 days, the employee usually is entitled to return to the same position, with the same seniority, vacation benefits and other benefits.
Returning to Work as a Private Sector Employee after Military Leave
Private sector employees who leave their position to serve in the armed forces are typically entitled to take a leave of absence (without compensation) and return to the job after military leave. In the event that the former position has ceased to exist, the employee generally must be offered a reasonably comparable position of similar seniority (as long as the employee is qualified for such position).
Post-Military Employment and Employment Discrimination
Employers who discriminate against employees after their return from military service may be subject to criminal and civil penalties. Such discrimination may involve failure to reinstate an employee following military leave (if the position or a similar reasonable position is available), refusal to honor vacation or compensation benefits following the employee’s return from military leave, demoting the employee or wrongfully terminating the employee following his or her return from military leave or subjecting the employee to other adverse employment actions following military leave.
Contact a Los Angeles Military Employment Attorney Today!
If your are in the Army reserve, National Guard, or other military reserves and your employer has not honored your rights as an employee or your employer discriminated against you when you returned to employment following military leave, contact the military employment lawyers at Rheuban & Gresen.