Military Leaves and Benefits
Philadelphia employment lawyers at Sidney L. Gold & Associates values our military members and works diligently to ensure that their rights are protected while they are on active duty. Under the federal statute of the Uniformed Services Employment and Reemployment Rights Act (USERRA), members of the military are permitted to take leave from civilian jobs to satisfy their service obligations. An employer is required to hold the employee’s job for a period of up to five years, and reinstate the employee in the job that they would have had with the same amount of seniority, status, and compensation had they not been called to active duty.
The only exception to this law is if the military employee was not honorably discharged from their military service. USERRA provides military employees protection from discrimination, harassment, or retaliation of any kind when they return to their job. Employers that attempt to do so because of an employee’s military status, service, requests for service-related leave, discrimination claims or investigations into discrimination claims are in violation of USERRA laws.
For more information on leave of absence and FMLA claims, military leave and benefits, contact the Philadelphia employment law firm of Sidney L. Gold & Associates at 215-569-1999, or submit our online contact form.