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Military Duty Leave for Employees in Texas

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Texas employers must provide employees with leave for military duty in accordance with these state rules.

A private employer may not terminate the employment of a permanent employee who is a member of the state military forces of this state or any other state because the employee is ordered to active duty during a state emergency or authorized training or duty in the state military forces.

Reinstatement

An employee who takes military leave is entitled to return to the same employment held when ordered to duty, unless the employer's circumstances changed and reemployment is impossible or unreasonable. The employer has the burden of proof of proving the impossibility or unreasonableness of employing the employee under the employer's changed circumstances.

The employee, as soon as practicable after release from duty, must give written or actual notice of intent to return to work.

An employer may not delay or attempt to defeat an employment obligation by demanding documentation that does not exist or is not readily available at the time notice is given.

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