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Can an employer require an employee to apply for military leave of absence or otherwise submit official documentation for approval of military leave of absence?

April 26, 2017documentation employee employer leave Military official require submit

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Can an employer require an employee to apply for military leave of absence or otherwise submit official documentation for approval of military leave of absence?

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No. As stated earlier, an employer may not require documentation for notification prior to military duty. Further, an employer does not have a “right of refusal” for military leave of absence, so long as the employee has not exceeded the 5 years of cumulative service provided under USERRA.