As an employer, do you have the right to be notified when an employee is on military leave?
Q: An employee just came back from military leave; however, he did not present orders to the Human Resources Department or his manager. Company policy states that any unpaid leave must first be approved by your manager. Instead he turned in his timecard with a note across the week stating “5 days military leave’. As an employer, do you have the right to be notified when an employee is on military leave?
A: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA) an employer has the right to receive advance notice of service unless military necessity or conditions make it impossible for the employee to provide notice. In this case, ESC would recommend having a discussion with the employee. Ask why he did not give advance notice and state that as an employer you do have the right to receive advance notice of military leave unless certain conditions make it impossible to provide this notice. In addition, as the employer, it is important to keep in mind that an employee who does provide notice of military leave is not asking the employer’s permission to leave his or her employment.