Alabama Reserves and Employment Status
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Are employees in Alabama covered for time off if they have signed up for the Reserves?
Yes. The Uniform Services Employment and Reemployment Rights Act covers employees in Alabama and in all states that need to take time off of work for any military commitment, including a commitment to the Reserves.
USERRA is the federal Act that was put into place in 1994 in order to replace the Veterans’ Reemployment Rights Act. When an employee needs to take time off of work for the Reserves, the employee should be able to take time off for training as well as active or inactive duty.
Also, employees are covered regardless of whether or not their military service is voluntary or involuntary. Thus, if there is an employee that has signed up for the Reserves, the employee should be able to take covered time away from work for training. Then, if the employee is called to active duty, the employee should be able to take additional time away from work in order to serve the active duty.
USERRA is in place so that when the employees are finished with the military service, the employees can return to work to have the same job. However, while the employee had been serving, the employee should also have been earning seniority status, if it applies.
For example, if an employee works for a company but is called away to serve in active duty for a prolonged amount of time, the employee should not only be able to return to work after that period of service to have a job, but the employee should be able to return to work to have the same benefits and seniority status that he or she would have otherwise earned had he or she been at work, including vacation time, increase in rank, or otherwise.
However, with few exceptions, employees may not take off of work for more than five years, cumulatively. Several of these exceptions may apply to employees that are in the Reserves and may not be factored into the total amount of time off, including:
· reserve training duty
· involuntary active duty extensions
· involuntary active duty recalls
· initial enlistments that last more than five years CB
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