Military leave protections expanded

A new law provides that full-time National Guard duty (other than training) to respond to a national emergency doesnt count toward the general five-year maximum allowable leave under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This means that if the federal government orders full-time National Guard duty for a domestic homeland security issue, the time off is protected but it isnt included when calculating whether a veteran has exceeded the usual limit of five years of USERRA leave. This provision was part of the National Defense Authorization Act for Fiscal Year 2012, which was signed by the President on December 31, 2011 (HR 1540, PL 112-81).

Tips: There are a number of types of military leave that dont count toward the usual five-year limit per veteran per employer. If you believe an individual is close to reaching that limit and are unsure whether you have an obligation to reinstate them, consult your Vigilant staff representative. Also, see our Legal Guide, Veterans Employment Rights Law (774).