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Military Leave Regulations

What is Military Leave?

Military leave policies follow a strict military leave regulation. In the United States Military, leave is permission to be away from one's unit for a specific period of time for a civilian employee who is a member of a Reserve Component of the Armed Forces or National Guard. Military leave is authorized for days in which the employee is ordered to active duty or inactive duty training. Any employee meeting the following requirements is entitled to military leave:

*A member of a Reserve Component of the Armed Forces or National Guard;
*On a full-time or part-time work schedule, or an indefinite employee who does not have an intermittent work schedule; and
*Serving in an appointment that is not limited to one year or less.

Determining whether someone in the Military fits the bill for Military Leave can be a tad confusing since there are Military rules to abide by as well as the Military Leave Act.

If someone is currently on military leave and has a second offence driving while revoked charge, but cannot make it to their court date because of active duty, what can they do?

They need to write to the judge where the ticket was received and attach a copy of his/ her military orders or other verification of the conflicted dates. Ask that he/she be allowed to reschedule or make other allowances, by sending a certified letter.

If someone in the military worked for civilian employment and was called away for active duty is the company required to rehire them upon completing their service?

According to the Uniformed Services Employment and Reemployment Rights Act (USERRA), requires employers to re-employ service members called away to active duty.

Can someone be charged an Unauthorized Absence (UA) if they are on Military Leave?

They cannot run the individual as UA if he/she is on documented Military Leave. If he/she is on leave then they have authority to be absent for the entire time that is documented on the leave papers. Once the military leave runs out or expires, the individual will need to report back, or get an extension of the leave to keep from being run as a UA.

How can someone get released from the Army after taking leave of absence without permission?

If there is a military leave without prior authorization, this many times would be considered AWOL. If someone becomes AWOL, the Army might come make the decision to proceed with court-martial and, put them out with an administrative discharge for miss- conduct, or then discharge the person in some and in some cases keep the person and give them a second chance. It depends on the seriousness (length) on the AWOL. If the person was arrested or surrendered, the person’s prior record and the person’s attitude to future good service may determine what action the Army will take.

Military leave has four common types of leave; Ordinary leave which is regular chargeable leave time, emergency leave which is processed more quickly due to an emergency situation but still treated as chargeable leave, convalescent leave which is non-chargeable and only allowed with a doctor's signature that states the service member cannot return to duty for an extended period of time, permissive TDY, which is non-chargeable and is only used while traveling between stations while using their leave for government related purposes . Many times Military Leave gets confusing and causes questions to be raised but not answered. Ask the Military Lawyers any type of Military law question for fast affordable answers that can point you in the right direction.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11875
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
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Recent Leave Questions

  • why does a us military soilder have to pay a administration

    why does a us military soilder have to pay a administration fee for a leave for 6 weeks when they have been im Iraq for 12 months
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    If an Air National Guard military member (Lt. Col) has an affair with a Major in his unit, and that Major moves to another unit, (not because of the affair, as it continues,) can both still be prosecuted under Article 134? Additionally, if the Lt Col retires, but the Major stays in, if prosecuted, will the charges only affect the Major? (i.e. the retirement benefits of the Lt Col will not be affected - (seemed to be the case per another question you recently answered.)
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    hi I am a dependent here in hawaii
    I have been on admin leave with pay for 3 months.While they investigated if I had coerced a employee in to writing me a statement from a letter of reprimand stating I had belittled her.I had also filed a eeo complaint prior to the actions taken against me. I have just been contacted to report to the Deputy chief of MWR office monday. Should I take a lawyer with me???
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