Must employee prove that request for military leave is reasonable?


Issue:

Emmett, a driver/mechanic in your transportation department, has requested leave time to attend active duty military reserve training. Sarah, his supervisor, tells you she doesn’t want to give him the time off because he missed her deadline for requesting time off and thinks it’s ridiculous for her to have to redo three months worth of scheduling just because he wants a couple of weeks off. She wants to turn him down or, at the very least, make him prove he needs to attend the whole training session. Can she make him prove the amount of time he requested off is reasonable?

Answer:    

Employers cannot impose limitations on employees’ military leaves beyond those required by law (advance notice, cumulative time-in-service limit, timely return to work). Even if an employer finds the timing, duration, frequency or nature of a person’s military service to be unreasonable, that employer cannot deny the person leave from work or refuse to reemploy the person.

Employees are not obligated to plan their military service for the convenience of their employers. On the other hand, nothing in the law prevents employers and employees from voluntarily working together to accommodate each other’s needs.

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

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