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Employment Rights For Members of U.S Military

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While most employers are not required to pay employees for military leave, there are actually federal laws that prohibit employers from taking any negative job action against members of the United States military.

FindLaw reports that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) prohibits all private employers from discriminating against those in the military reserves. The law requires employers to reinstate employees who took off time to serve in the military; but only if the employee meets certain conditions.

In order for an employee to become reinstated in his or her former position, the employee must have given notice before taking leave for military service and must have spent no more than five years on leave for military service. In addition, the employee must have been released from military service under honorable conditions and must have applied for reinstatement within specified time limits. The U.S Department of Labor published the Non-Technical Resource Guide to the Uniformed Services Employment and Reemployment Rights Act (USERRA), which specifically outlines the rules of USERRA in plain language.

The State of Texas Human Resources also states that all public employees who leave a state position or a position with a local governmental entity for military service have the right to be re-employed with that same state or local government entity once they return from military service. Anybody who has a problem seeking employment with their former employer after completion of military service should call a Texas employment lawyer, who can assist them with any questions they may have.

Related Resources:

  • Military Service and Re-employment Rights (FindLaw)
  • Legal Protections for America's Military (FindLaw)
  • Texas Employment Lawyer Directory (FindLaw)

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