Military Service

Under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), Title 38 of the United States Code Sections 4301 et seq., employers are required to grant employees leaves for periods of military service, generally for a total of up to five years. Title 38 of the United State Code Section 4312(a)(2). California military leave laws (California Military & Veterans Code Sections 389 et seq.), like the USERRA, ensure that employees are not adversely affected in their employment because of military service.

The National Defense Authorization Act for 2008 (NDAA) amends the Family and Medical Leave Act of 1993 (FMLA) to permit a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.”

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