Partner Carmen Decot was quoted in an article in SHRM entitled, “When Does Military Leave Have to Be Paid?,” outlining the misconception that military leave doesn’t always have to be considered paid time off.
"Some categories of service, such as required training for Reservists and National Guard members, are exempt from the five-year limitation," Decot shared. “At the end of service, eligible employees who apply for re-employment within USERRA's (Uniformed Services Employment and Reemployment Rights Act) specified time periods are entitled to be promptly re-employed in the job the workers would have been in but for the absence due to military service. This is known as the escalator provision. In some cases, an employee is to be placed in a comparable job.”