Is an employee who quit to attend military reserve training entitled to reinstatement?


Louise, one of your better employees, requested leave to participate in military reserve training. Her supervisor refused the request, telling her she was too good to have that much time off and that he really needed her to work. As a result, Louise quit her job. Is she entitled to reinstatement?


Yes. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), an employee who is forced to resign from the job because his or her employer refuses to grant leave to attend military training still retains the right to reinstatement. In addition to reinstatement, the employee is entitled to any benefits he or she would have earned if the employer had not refused to grant the requested leave.

In these circumstances, Louise’s resignation was involuntary because her employer refused to grant her leave to attend military reserve training. Louise should be reinstated with seniority status, pay, vacation, and other benefits.

Source: When Duty Calls; Military Leave and Veterans’ Rights.

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