Military Leave Law

by Harold P. Coxson, Ogletree Deakins Nash Smoak & Stewart P.C., with Practical Law Labor & Employment

A Practice Note that explores the leave and reemployment rights of military service members and their families, the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Family and Medical Leave Act (FMLA). This document provides guidance for private employers on their federal obligations to grant leave and ensure reemployment for military service members post-service. It outlines USERRA's key provisions, including the requirement for employers to provide military leave and reemployment, and addresses the protections against employment discrimination based on military service. The document delves into the FMLA's provisions for military caregiver leave and qualifying exigency leave, highlighting eligibility criteria and notice requirements. The document discusses the enforcement mechanisms available for USERRA and FMLA violations, including administrative actions and private rights of action. This document is based on federal law. State or local law may impose additional or different requirements. For information on state law requirements, see the State Q&A Tools under Related Content.