Employee Military Leave Requirements

tlnelson · November 2011

According to the USERRA laws, an employee can provide an oral or written notice when they are required to participate in military service/ training). I wondered if an employer can require military orders (documentation) from the employee before they leave for their military service or training?

If the employee gives an oral notice and does not have to provide documentation (proof of service), how does the employer know for sure that the employee is actually out for military duties?

Any help would be appreciated!!

sonny · November 2011

We always ask and get.

bethk · November 2011

We always ask for a copy of the orders and have always received them with no problem.

Dutch2 · November 2011

Same here... only orders we did not get were for a young man enrolled in ROTC in college and he was off to basics / Summer Camp and then returned.

rweaver · December 2011

Always ask, but there can be instances where the employee isn't given orders until he/she has deployed. In those instances, make do with the verbal. When the employee returns, there will probably be orders releasing and they should also reflect the start of the deployment/call-up. I always ask for copies on return so that I can check how long they were gone and how long they had to request/reapply for reemployment.

Employee Military Leave Requirements

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