FIRED FROM WORK DUE TO A MILITARY, THAT’S UNLAWFUL

Employees who are in the military are entitled to military leave, and cannot be discriminated against for taking the leave from private employment. This includes employees in the reserves, National Guard, FEMA reservists, Civil Air Patrol, Naval Militia, Navy Nurse Corps, and employees who are required to undergo training exercises due to these types of services, but are not deployed. Employees who are not reinstated, or terminated due to a military obligation should consult an employment lawyer. Spouses working for employers with 25 or more employees are also entitled to 10 days of unpaid leave while the soldier-spouse is on leave from deployment during a military conflict. That provision exists because one spouse may be needed for childcare or household business while the other spouse is deployed, maybe suddenly. Both California and Federal laws protect employees who cannot work at their private employer due to military leave. California legal protections start at California Military and Veteran Code Section 389. The Federal Uniformed Services Employment and Reemployment Rights Act (USERRA), is a Federal law that can be found at 38 U.S.C.4301-4335.

It is best to speak to a military leave lawyer at 619-300-2000 to determine whether you have a case against your private employer. We proudly serve the private employment interests of persons stationed at Camp Pendelton and in 29 Palms.

Cases involving military leaves often involve questions whether the employee provided enough notice of the leave. Because military operations and trainings are often not planned and must occur immediately it is generally infeasible for an employee to provide proper notice. Military leave cases sometimes also involve employers who contend a note from the military, concerning the leave, is required. The Employment Lawyers Group has successfully overcome these issues in cases involving, and California military leave protection law lawsuits.

The California military leave laws have different provisions about how long an employee can be out of leave and still be reinstated. These specifics are for a conversation with an employment attorney. Unfortunately, there are many employers who are unaccommodating of the nuances of military service. The lawsuits about violations of military leave laws tend to be quite legitimate.

CALIFORNIA CIVIL AIR PATROL ACT JOB TERMINATION ATTORNEY

The Civil Air Patrol Employment Protection Act was enacted in 2009. It can be found at California Labor Code Sections 1503-1507. It requires employers to provide up to 10 unpaid days off per year if an employee is responding to an emergency operational mission of the California Wing of the Civil Air Patrol. If the employer wishes, they can make this a paid leave.

Civil Air Patrol leave for a single emergency operational mission shall not exceed three days, unless an extension of time is granted by the governmental entity that authorized the emergency operational mission, and the extension of the leave is approved by the employer. An employer is not required to grant Civil Air Patrol leave to an employee who is required to respond to either the same or other simultaneous emergency operational missions as a first responder or disaster service worker for a local, state, or federal agency.

An employee shall give the employer as much notice as possible of the intended dates upon which the Civil Air Patrol leave will begin and end. An employer may require certification from the proper Civil Air Patrol authority to verify the eligibility of the employee for the leave requested or taken. The employer may deny the leave to be taken as Civil Air Patrol leave if the employee fails to provide the required certification. An employee taking Civil Patrol leave shall not be required to exhaust all accrued vacation leave, personal leave, compensatory leave, sick leave, disability leave, and any other leave that may be available to the employee in order to take Civil Air Patrol leave.

If a Civil Patrol leave is granted, the employee is entitled to reinstatement at their position. The same seniority should be given. Benefits are supposed to continue to accrue during these leaves. The need for an employment lawyer exists if the employee is not reinstated, or is given an inferior job upon return from this protected leave. Speak to a California Labor Lawyer at 619-320-3000 if you were fired due to Civil Air Patrol duty, or any military obligation

LAWYER FOR FMLA LEAVE TO CARE TO SICK OR INJURED MILITARY FAMILY MEMBERS

For employees who have: 1) worked at an employer that employees 5 or more employees; 2) and worked 1,250 or more hours in the last year, FMLA can be used to care for a family member suffering from military injuries, or yourself if you are suffering from military injuries. FMLA leave is up to 12 weeks in a 12-week period. Exactly which family members are covered by California’s version of FMLA, the California Family Rights Act (CFRA), is something best spoken to with a FMLA lawyer. The CFRA/FMLA covers an employee who is suffering psychological and physical injuries due to military service. If the leave is taken to care for a family member, the general rules relating to CFRA/FMLA leaves apply. The employee has to be actually taking care of the family member. Merely sitting in a room for moral support may not be a covered event under CFRA/FMLA unless a doctor or therapist has specifically ordered that form of treatment.

Military injuries may also involve disability rights which entitle employees to be out of work for longer than the CFRA/FMLA. Leave of absence rights are complex and factually based, including whether doctor’s notes were provided to the employer and how many times the affected individual went to a doctor. For these reasons, you need to contact an experienced FMLA lawyer at 619-320-3000 to determine if you have a case. This article is only intended to inform employees there are rights they may have. It is for a lawyer to determine if an employee is actually entitled to a FMLA or military leave. Contact 619-320-3000