Michigan Laws on Employee Military Leave

Federal and Michigan laws protect employees who need time off to serve in the military.

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Michigan employees who are also members of the state or National Guard or reserves might have to leave their regular civilian jobs for military service. If you are called to active duty, you might be absent from your private sector job for months. But while you are gone, state and federal laws protect your job rights.

Federal Law: USERRA

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that prohibits discrimination against employees who are in the U.S. Armed Forces, have served in the military, or take leave to serve in the military.

USERRA provides valuable additional protections, too. It requires employers to reinstate employees who take up to five years off for military service, with all of the promotions, raises, and other benefits they would have received had they worked through their time off. And, it prohibits employers from firing employees without cause for up to one year after they return from service. (For more information on USERRA, see Taking Military Leave.)

Michigan Laws on Military Leave

USERRA protects employees who serve in the United States military, including those who serve in the Army, Navy, Marine Corps, Air Force, Coast Guard, Reserves, Army or Air National Guard, and Commissioned Corps of the Public Health Service. If you work in Michigan and you need time off for service in one of these branches of the military, you are protected by USERRA.

In Michigan, members of the state or United States uniformed services who are called to active state or federal service are entitled to take unpaid leave, and to be reinstated when their service has ended. Employees are also entitled to take time off to attend military encampment, drills, or instruction.

A Michigan employer may not discriminate against employees based on their military service, nor may an employer use threats to prevent employees from enlisting.

If you have faced discrimination because of your military service, or you have been denied the reinstatement and other rights available to you under USERRA or Michigan law, check out servicemembers.gov, the Department of Justice's website devoted to enforcing USERRA and other laws that protect the rights of those who serve in the military. You'll also find helpful information at the website of Employer Support for the Guard and Reserve.

by: , J.D.

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