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What is your issue with the military leave? That your employer is not allowing you to be paid while on military leave?
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Thank you for your reply.
Unfortunately, vacation time is not covered by law and while USERRA says a person on military leave MAY use vacation time from the employer, that is up to the employer. So because there is no law mandating vacation time be given to an employee the employer can dictate how that time is used or not used. If the employer does not want to allow the time to be used for military leave because the employee is paid by the military during that time, that is up to the employer. USERRA only says they may allow you to use vacation pay, not that they must let you use vacation pay.
I see, but additional y I had my vacation approved and its disclosed that it was for military duty,so I have records of not only my supervisor approving, but hr and my supervisors supervisor. Do they have the right to go back and change there mind?
no this is within the new policy timeframe that the request was made is this year. And it was approved this year.