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623 North Broad Street

Lansdale, PA 19446

Phone: 215-896-3846

Fax: 267-653-1405


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And Another Thing...

This question has come up several times this summer.  Under the UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994, employers cannot force a reservist to use their vacation time during their annual two-week drill or any other service time.  However, the reservist must be permitted to use accrued vacation time if he/she so chooses. 

Under the federal USERRA statute § 1002.153   (a) If employment is interrupted by a period of service, the employee must be permitted upon request to use any accrued vacation, annual, or similar leave with pay during the period of service, in order to continue his or her civilian pay. However, the employee is not entitled to use sick leave that accrued with the civilian employer during a period of service in the uniformed services, unless the employer allows employees to use sick leave for any reason, or allows other similarly situated employees on comparable furlough or leave of absence to use accrued paid sick leave. Sick leave is usually not comparable to annual or vacation leave; it is generally intended to provide income when the employee or a family member is ill and the employee is unable to work. (b) The employer may not require the employee to use accrued vacation, annual, or similar leave during a period of service in the uniformed services.

For more information about USERRA click here.  Have additional questions or specific issues you’d like to discuss? Call RC Kelly Law Associates at 215-896-3846.


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