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Employment Rights and Entitlements While on Leave and Upon Reinstatement

While absent from work on military leave, you are deemed to be on a leave of absence or furlough and are entitled to the benefits generally provided to employees having similar seniority, status, and pay who are on furlough or leave of absence.

Your employer must count any period of military leave protected under USERRA as if it were in continuous service with the employer. Your military leave time should be credited toward any benefit eligibility vesting and to any benefit calculations. For example, if you accrue leave at a faster rate for each year of service, your time on military leave must be credited toward your leave accrual rate. Your employer, however, doesn't have to give you the leave you would have accrued while on military leave.

You may use accrued vacation leave while on military leave, but your employer cannot require you to do so.