Legal Rights for Employees on Military Leave in Connecticut

In Connecticut, employees who serve in the military have specific legal rights designed to protect their jobs and benefits while they fulfill their duties. Understanding these rights is crucial for both employers and employees. This article outlines the key legal provisions and protections for employees on military leave in Connecticut.

1. Uniformed Services Employment and Reemployment Rights Act (USERRA)
The USERRA is a federal law that ensures individuals who serve in the military, including active duty and reserve service, can return to their civilian jobs without losing their rights or benefits. Under USERRA, employees are entitled to reemployment after military service if they meet certain criteria, such as providing advance notice of the leave and having a cumulative service of less than five years.

2. Connecticut’s Military Leave Law
Beyond federal protections, Connecticut has its own laws regarding military leave. Under the General Statutes of Connecticut § 27-33, employees who are members of the armed forces have the right to take a leave of absence when ordered to active duty. Employers must reinstate these employees to their previous positions or a comparable one upon their return.

3. Job Protection and Benefits
Employees on military leave in Connecticut are entitled to job protection. This means that their employers cannot terminate or discriminate against them because of their military service. Additionally, employees are entitled to continue receiving certain benefits such as health insurance during their time of leave. It is essential that employers maintain these benefits for a duration determined by both federal and state laws.

4. Notification Requirements
Employees must provide their employers with written notice of their intention to take military leave whenever possible. While advance notice is not always feasible, the employee should inform the employer in a timely manner. This helps ensure that both parties understand the leave's duration and implications.

5. Returning from Military Leave
Upon returning from military leave, employees should notify their employers of their intent to return to work. Under USERRA and Connecticut law, employees must report back to work within a specified time frame, which varies depending on the length of military service. For example, service of less than 31 days requires return on the first workday following the end of service.

6. Complaints and Enforcement
If an employee believes they have been denied their rights under USERRA or Connecticut laws, they have the option to file a complaint. For USERRA violations, individuals can contact the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS). For Connecticut-specific laws, complaints can be filed with the Connecticut Department of Labor.

Conclusion
Understanding the legal rights for employees on military leave in Connecticut is vital for fostering a supportive environment for those who serve. Employers must comply with these laws to avoid legal repercussions and ensure a seamless transition for military service members returning to the workforce. Employees, on the other hand, should know their rights to protect their job and benefits during their service.