Military Leave under USERRA and NDAA

Both the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the National Defense Authorization Act (NDAA) provide leaves of absence related to military service. USERRA provides the employee who is called for military service certain leave-of-absence time, benefit rights and reemployment rights provided the notice and protocols are followed in a timely manner.

The NDAA provides two additional leave rights related to military service: a Qualifying Reason Leave and a Caregiver Leave. The Qualifying Reason Leave provides an eligible employee with up to 12 weeks of unpaid leave because of any qualifying exigency arising out of the fact that the spouse, child, or parent of the eligible employee is on active duty or has been notified of an impending call to active-duty status in support of a contingency operation. The Caregiver Leave, which is coordinated with FMLA leaves of absence, provides an eligible employee who is the spouse, child, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty while on active duty with up to 26 weeks of unpaid leave within a single 12-month leave period to care for the service member.

If you believe you are entitled to one or more of these military leaves of absence and the benefits provided under these laws, please contact the Office of Human Resources Benefits Department to obtain further information about the specific benefits, required documentation, and your duties to notify your supervisor in a timely manner.