The Uniformed Service Employment and Re-employment Act of 1194 (USERRA, 38 U.S.C. Sec. 4301-4335), grants re-employment rights, within certain time limits, to soldiers who leave employment to perform military duty and who satisfactorily performs that duty. The right to re-employment is not contingent on whether the orders were voluntary or involuntary.

Re-employment rights will be granted to employees who:

Pursuant to Mississippi Code of 1972, Annotated   33-1-21, employees are entitled to fifteen (15) days of paid leave when ordered to military duty, whether the orders were voluntary or involuntary. An employee requesting leave, pursuant to voluntary or involuntary orders, beyond the fifteen (15) days allowed by law is entitled to a leave-of-absence which will be charged against his/her accrued personal or compensatory leave.

If the employee does not have sufficient leave to cover the absence, the uncovered period will be without pay. The employee is entitled to leave-of-absence from his/her respective duties without loss of time, annual leave or efficiency (performance) rating until relieved from duty.

For updates and additional details, see The Uniformed Service Employment and Reemployment Rights Act (USERRA) on U.S. Dept. of Labor’s website at http://www.dol.gov/compliance/laws/comp-userra.htm.

Policy’s Procedural Implementation

All military leave procedures and paperwork must be handled directly between the Director and the employee.

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