Hello,

Thank you for the information. Under USERRA an employer man not require a servicemember to use their paid vacation leave when the servicemember needs to take time off for military duty purposes. The specific section of the Act is: Title 38, United States Code section 4316(d). You can see that provision at: http://www.dol.gov/vets/usc/vpl/usc38.htm#4316 This is the subsection that I am referring to:

(d) Any person whose employment with an employer is interrupted by a period of service in the uniformed services shall be permitted, upon request of that person, to use during such period of service any vacation, annual, or similar leave with pay accrued by the person before the commencement of such service. No employer may require any such person to use vacation, annual, or similar leave during such period of service.

If you cannot work this out with your employer, which you should be able to if you speak to someone in HR, then you can file a complaint with the U.S. DOL (VETS). You can find out more about that at: http://www.dol.gov/elaws/vets/userra/remedies.asp

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