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Discrimination based on
military service
Under the federal Uniformed Services Employment and Reemployment
Rights Act of 1994 (“USERRA”), Title 38 of the United States
Code Sections 4301 et seq., employers are required to grant
employees leaves for periods of military service, generally for
a total of up to five years. Title 38 of the United State Code
Section 4312(a)(2). California military leave laws (California
Military & Veterans Code Sections 389 et seq.), like the USERRA,
ensure that employees are not adversely affected in their
employment because of military service.
The National Defense
Authorization Act for 2008 (NDAA) amends the Family and Medical
Leave Act of 1993 (FMLA) to permit a “spouse, son, daughter,
parent, or next of kin” to take up to 26 workweeks of leave to
care for a “member of the Armed Forces, including a member of
the National Guard or Reserves, who is undergoing medical
treatment, recuperation, or therapy, is otherwise in outpatient
status, or is otherwise on the temporary disability retired
list, for a serious injury or illness.”
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