Are Employees Required to Give Advance Notice of Military Leave?
The Uniformed Services Employment and Reemployment Rights Act does not set a specific time for giving of advance notice, but the U.S. Department of Defense "strongly recommends" at least 30 days. Employees should provide as much advance notice as is reasonable.
What is reasonable would depend on the circumstances of each case. If an employee is notified at the last minute of military duty, short notice to the employer would be considered reasonable. But if an employee unjustifiably waits until the last minute to give notice and severe disruption to the employer results, a denial of reemployment might be lawful. However, late notice that does not result in harm to the employer would not be grounds for denying reemployment.
Written proof of need for leave. Although the Defense Department "strongly recommends" that written notice be given, employees have the option of providing oral advance notice of military service. However, if an employer is concerned about the legitimacy of an employee's leave request, the employer may contact the military branch concerned. An employer can also request supporting documents from the employee upon the employee's return from military leave.
Multiple employers. In cases where an employee is employed by more than one employer, the employee, or an appropriate officer of the uniformed service, must notify each employer that the employee intends to leave his or her employment to perform service in the uniformed services.
What if advance notice is not possible? An employee may be excused from giving advanced notice of pending service if giving such notice is prevented by military necessity, or is otherwise impossible or unreasonable under all the circumstances.