Can an employee be terminated while on military leave?

Employers cannot fire an employee because of military leave. Because of the nature of active military duties, advance notice is not required, unlike civilian leave laws like FMLA or CFRA; however, the DoD highly recommends an advance notice of 30 days when it’s possible.

How long must an employer hold a job for someone in the military?

USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to five years (the previous law provided four years of active duty, plus an additional year if it was for the convenience of the Government).

Can you be in the National Guard and have a job?

In the Guard you keep many of the benefits you received in active service. You have the opportunity serve your state, nation and community while staying close to home. And because the Guard is part-time, you can hold a civilian job or go to school.

Is National Guard considered federal employee?

Active duty members of the National Guard, whether activated under Title 10 or 32 (in many cases for Title 32) receive the same benefits and service credit as federal active duty servicemembers — technically, you are a federal employee, so to speak.

Can you fire someone in the National Guard?

Prohibition Against Discrimination & Retaliation USERRA prohibits employers from discriminating against current military employees, veterans, or those applying for membership in the uniformed services. This applies to all aspects of employment, including, hiring, promotions, benefits, work duties, firing, and more.

Does National Guard have active duty?

Individuals serving in the U.S. Army National Guard or Air National Guard are not considered active-duty service members. However, they can be called up to active duty at any time, depending on the needs of the military.