An employee has been called up to the National Guard. How do we handle their leave?
Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), the employee has leave and job reinstatement rights, meaning you’ll need to rehire them following their service. The employee will also be entitled to both seniority-based benefits (as if they had not been on leave) and to non-seniority benefits (e.g., continuation of life insurance) that employees receive when on non-military leaves of absence.
USERRA also grants returning service members some protection from termination without cause and prohibits employers from retaliating against anyone who exercises their USERRA rights.
The Department of Justice has created an extensive guide on this topic, which you may find useful, here.