What are the rights of employees on Military Leave regarding accrued leave?

Employees who take military leave are generally not permitted to apply the leave they have accrued while on active military status to unpaid leave. This is important because military leave is governed by specific regulations that recognize the unique circumstances of military service. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and related state laws, employees are entitled to their jobs back upon return from military service but do not receive pay for the time they are away unless their employer has policies that provide for such compensation.

The fact that leave accrued during active military duty cannot be applied to unpaid leave time is meant to ensure that service members can take their military leave without being penalized by losing accrued paid leave. Employees are protected in this way to facilitate their service without concern for their job status or accrued benefits while they are serving their country.

In contexts where military leave is taken, it is critical to understand that the intention behind the laws is to support service members in fulfilling their duties without additional financial burden or loss of previous benefits.