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Military Duty Leave for Employees in Vermont

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

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

In Vermont, any member of the reserves of the U.S. Armed Forces or the national guard called upon to receive military training or for active duty is eligible for military leave privileges.

These privileges apply to permanent employees who notify their employer of the date of departure and date of return for purposes of military training 30 days prior to the date of departure or as soon as practical after being called into active service by the governor.

Time away from the job for military duty is to be construed as a leave of absence, and it is within the discretion of the employer whether to allow leave with or without pay.

The leave of absence does not affect an employee's rights to normal vacation, sick leave, bonus, advancement and seniority which accrues during the absence.

Reinstatement

Upon providing evidence of the satisfactory completion of the training immediately upon return and if still qualified to perform the duties for the position, the employee must be reinstated in that position with the same status, pay and seniority including seniority that accrued during the period of absence.

Prohibited Discrimination

A member of or an applicant for membership in the national guard in either federal or state status may not be denied initial employment, reemployment, retention of employment, promotion, or any benefit of employment by an employer on the basis of membership, application for membership, performance of service, application for service, or obligation to serve.

An employer must not discriminate in employment against any person because a person has enforced a provision of, testified or made a statement in connection with any proceeding, assisted or participated in any investigation and/or exercised any right provided by Vermont or federal military leave law.

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