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Military leave/pay
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<blockquote data-quote="scooby0048" data-source="post: 2699761" data-attributes="member: 50693"><p>I went back and researched what you wrote because I was doubtful you were right. I was under the impression that the military protection is not offered if you are not already in the military prior to working for an employer.</p><p></p><p>In researching what you wrote, I have to admit I was wrong and you are correct. It would appear that even though the OP is not in the military, he can apply for enlistment and be protected in his civilian job.</p><p></p><p>YOUR RIGHTS UNDER USERRA</p><p>A. THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT</p><p>USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.</p><p></p><p>B. REEMPLOYMENT RIGHTS</p><p>You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:</p><p>• you ensure that your employer receives advance written or verbal notice of your service;</p><p>• you have five years or less of cumulative service in the uniformed services while with that particular employer;</p><p>• you return to work or apply for reemployment in a timely manner after conclusion of service; and</p><p>• you have not been separated from service with a disqualifying discharge or under other than honorable conditions.</p><p></p><p>If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.</p><p></p><p>C. RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION</p><p>If you:</p><p>• are a past or present member of the uniformed service;</p><p>• <span style="color: #ff0000"><u><em><strong>have applied for membership in the uniformed service; or</strong></em></u></span></p><p>• are obligated to serve in the uniformed service;</p><p>then an employer may not deny you</p><p>• initial employment;</p><p>• reemployment;</p><p>• retention in employment;</p><p>• promotion; or</p><p>• any benefit of employment.</p><p>because of this status.</p></blockquote><p></p>
[QUOTE="scooby0048, post: 2699761, member: 50693"] I went back and researched what you wrote because I was doubtful you were right. I was under the impression that the military protection is not offered if you are not already in the military prior to working for an employer. In researching what you wrote, I have to admit I was wrong and you are correct. It would appear that even though the OP is not in the military, he can apply for enlistment and be protected in his civilian job. YOUR RIGHTS UNDER USERRA A. THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. B. REEMPLOYMENT RIGHTS You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and: • you ensure that your employer receives advance written or verbal notice of your service; • you have five years or less of cumulative service in the uniformed services while with that particular employer; • you return to work or apply for reemployment in a timely manner after conclusion of service; and • you have not been separated from service with a disqualifying discharge or under other than honorable conditions. If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job. C. RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION If you: • are a past or present member of the uniformed service; • [COLOR=#ff0000][U][I][B]have applied for membership in the uniformed service; or[/B][/I][/U][/COLOR] • are obligated to serve in the uniformed service; then an employer may not deny you • initial employment; • reemployment; • retention in employment; • promotion; or • any benefit of employment. because of this status. [/QUOTE]
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