In California, members of the reserves are entitled to limited time off without fear of retaliation. The amount of time off depends on whether they are employed by the state or by a private employer. If you have been denied your rights as a reservist, contact the Dolan Law Firm online or call 415-636-8160 for a free case evaluation.
Have You Been Denied Time Off For Military Leave?
Any employee of any corporation, company or firm, who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the naval militia shall be entitled to a leave of absence without pay while engaged in military duty ordered for purposes of military training, drills, encampment, naval cruises, special exercises or similar activity, providing that the period of ordered duty does not exceed 17 calendar days annually, including travel time.
Any public employee who is a member of the reserve corps of the armed forces of the United States or of the National Guard or the naval militia is entitled to a leave of absence as provided by federal law while engaged in military duty ordered for purposes of active military training, inactive duty training, encampment, naval cruises, special exercises or similar activity, providing that the period of ordered duty does not exceed 180 calendar days, including travel time.
Any public employee who is on leave of absence for military duty ordered for purposes of active military training, inactive duty training, encampment, naval cruises, special exercises or similar activity, provided that the period of ordered duty does not exceed 180 calendar days, including travel time, and who has been in the service of the public agency for at least one year immediately prior to the day on which the absence begins is entitled to his or her salary or compensation as a public employee for the first 30 calendar days of any such absence. Pay for those purposes may not exceed 30 days in any one fiscal year. For the purposes of this section, in determining the one year of public agency service, all service of a public employee in the recognized military service shall be counted as public agency service.
An employer may not retaliate against an employee for taking this leave.
What to Do if You Have Been Treated Unlawfully
Many companies have policies regarding employee rights and obligations in their company handbooks. Likewise, they may require that you follow a certain channel of communication in requesting leave or reporting a denial of your rights and/or retaliation. You should follow these procedures and document your actions in writing. Failure to follow these procedures may lead to a denial of your legal right to recover certain damages like punitive damages.
You have a limited period of time to act to protect your rights. Failure to act promptly may eliminate your right to take legal action.
If you believe that you are being discriminated against or harassed because of your military status, contact us online or call 415-636-8160 for a free case evaluation.
