Is returning from military leave a qualifying event?

An employee who returns from military leave may make a new DCRA election for the remainder of the plan year if return from leave is a qualified status event under the employer’s flexible benefit plan.

Can you be recalled to active duty after discharge?

Under a program known as “stop-loss,” the military can keep you on active duty after your anticipated discharge date. This program has been around since 1984 and has been used a few times. While currently not in effect, stop-loss can be activated at any time.

Does my job have to hold my position if I join the military?

Employers can’t discriminate against workers with military reserve or National Guard commitments. They must give you “military leave” from your job so you can complete your service to your country. Federal law stipulates that you cannot be disadvantaged, denied promotion, demoted or fired while on military orders.

Can your job fire you for leaving for the military?

Prevent firing without cause – In addition to being protected from discrimination, employees who take military leave of absence are also protected from retaliation. Employers cannot fire an employee because of military leave.

How long does an employer have to hold a job for someone on military leave?

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).

Do you accrue vacation while on military leave?

Employees do not accrue vacation, personal leave or sick leave while on military leave of absence status. Such contributions must be made within a period that begins with the employee’s reemployment and that is not greater in duration than three times the length of the employee’s military service.

Can you be recalled from leave?

While annual leave does need to be taken at a time that has been agreed to by the employer, once the period of leave has commenced an employer does not have a unilateral right to recall an employee from annual leave.

Can you rejoin the Marines after discharge?

You are normally only eligible for reenlistment if you have an honorable discharge. All other discharges than honorable tend to have legal or court martial offenses attached to them.

Can my job fire me for going to MEPS?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that applies to all employers in all states. USERRA prohibits employers from discriminating against current military employees, veterans, or those applying for membership in the uniformed services.

Is military leave job protected?

The Uniformed Services Employment and Reemployment Rights Act (USERRA) guarantees the rights of military service members to take a leave of absence from their civilian jobs for active military service and to return to their jobs with accrued seniority and other employment protections.

Why can’t you re-enlist in the military after leaving prior service?

It is because a “prior service” enlistment slot is the same as a “re-enlistment” slot. Given the choice, the military will allow someone currently in the service to re-enlist before they allow a prior-service applicant to re-join. The Air Force is the hardest active duty service for prior service to enlist, and the Army is the easiest.

What happens to your rank when you leave the military?

If you leave the military, generally you retain your prior rank for a certain period after you leave if you return. I can’t remember exactly, it might be as short as a year.

Can you change jobs in the military after separation?

Job Selection. In most cases, prior service candidates must enlist in the military job they had at the time of separation unless the service declares there is no need for that job. Only then can the member elect to enlist in a different job.

How long can you stay in the military after leaving active duty?

What they may not know is that many service members remain in the reserves for several years after they leave active duty. The minimum length of service anyone can join the military for is eight years.