Does an employee accrue annual, sick and holiday leave during periods of military leave without pay?
No. USERRA does not require employers to provide “short-term compensation” (pay, vacation accrual, etc.) when an employee is not working at the worksite. Arkansas Code Annotated ยง21-4-210(d)(1) prohibits accrual of leave and holiday pay for employees on leave of absence without pay. In addition, OPM Policy Section 105.8.3 specifies that an employee who accumulates ten consecutive or nonconsecutive days of leave without pay during any one calendar month loses annual and sick leave accrual for that month. The annual lave that is lost due to the leave without pay is based on the rate of accrual authorized for that employee.
