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Military leave

Are you entitled to military leave?

Both in California and under Federal law, employees who serve on active duty in the military are protected from losing their job and employment rights.

The federal law that ensures employees are protected when they serve on active military duty is the the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

In California the Military and Veterans Code of California protects employees by prohibiting an employer from “discriminating against any member of the military forces as it relates to that individual’s employment, position or status.” This means that an employer is not allowed to discharge any employee because they perform military duty or training. The employer is also not allowed to prevent or dissuade someone from performing military service or prejudice a persons employment status just because they preform military service.

These rules apply to all business sizes and business of any type. Moreover, it applies to successor employers who take over a business while the employee is on military leave. This means if the employee goes on military leave, and while on leave, a new owner obtains the business, when the employee returns from active service that employee must still be returned to work in that business and are protected.
If you believe you believe your employer has not treated you fairly with regard to your entitled military leave, contact the attorneys at Abramson Labor Group. We will vigorously and aggressively fight for your rights and get you the justice you deserve.
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