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Military Personnel in a Civilian Workforce: Top 5 USERRA Questions

2. Does an employee continue to accrue vacation leave while on military leave? No, unless the employer provides that benefit to other employees on comparable leaves of absence. Section 1002.150 of USERRA states that [t]he non-seniority rights and benefits to which an employee is entitled during a period of service are those the employee provides to similarly situated employees by an employment contract, agreement, policy, practice, or plan in effect at the employee s workplace. 3. Is an employer required to accommodate leave for voluntary deployments? Yes. USERRA requires employers to accommodate even voluntary deployments. USERRA expressly defines service in the uniformed services as the performance of duty on a voluntary or involuntary basis. This is true regardless of the burden that the service may impose on the civilian employer and regardless of whether the deployment is high speed (such as special forces frontline operations) or not so high speed (for example, o

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