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Does a soldier in army reserve accrue annual and sick leave in his civilian job while deployed?

My husband just returned from a deployment in iraq. He is in the army reserve and while his employer did hold his job for him, he did not accumulate any type of leave while he was deployed. Is this a common practice? We assumed he was accumulating leave so he was looking forward to getting paid time off when he returned home so he can adjust being back home and to relax.

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Asked by DKK2010 at 9:40 PM on Aug. 27, 2010 in Money & Work

Level 7 (198 Credits)
Answers (7)
  • No... The only right he has is having a job when he returns. He was not actively employed with his employer while he was deployed.

    Answer by xxlilmomma09 at 9:43 PM on Aug. 27, 2010

  • When my husband was deployed his civilian employer paid him 18 days of military leave, he accrued 10 hours of leave every month, and he got his annual pay raise that he had missed. Not sure what the laws are on what they are suppose to offer, but I guess my husband got lucky with his employer.


    Answer by JeremysMom at 9:44 PM on Aug. 27, 2010

  • No, by law, the only thing they have to do is keep his position. Since he wasn't currently working there, it would make sense he wasn't accumulating any holiday time.

    Answer by Annabel1809Lee at 9:45 PM on Aug. 27, 2010

  • Do employees earn vacation or sick/personal days while on a military leave of absence?

    While employees continue to accrue seniority while away on duty, under USERRA an employer is not required to provide short term compensation (pay, vacation accrual etc.) However while on active duty, employees must receive all benefits available to other employees on comparable leaves of absence.

    An employee is eligible for any benefits they had accrued before taking military leave and can take vacation which has already been earned, but cannot be forced to do so. See the section on UE bargaining tips.


    Answer by musicmom08 at 10:31 PM on Aug. 27, 2010

  • If he has a union, they may have special rules! Don't forget the power of a union!

    Answer by Annabel1809Lee at 10:33 PM on Aug. 27, 2010

  • depends on the state and the employer.

    Answer by mommy_of_two388 at 11:52 AM on Aug. 29, 2010

  • So what I get is the employer has a option to let leave accumulate? Live in MN and he is actually first person in our area who is in reserve and was deployed while employed in civialn job for ten years so I think his employer is not too familiar with how to handle this, he did keep senority and was just a year or so before deployment was finally given permission to get Administrative leave while attending his one weekend a month training and one month summer training, been enlisted 6 years.

    Administrative leave- paid leave without using personal/vacation leave.

    Comment by DKK2010 (original poster) at 5:47 PM on Aug. 29, 2010

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