Answer: Employees on military leave are due the same rights and benefits (when not determined by seniority) as nonmilitary employees who take any comparable form of leave. Comparable is not well defined, but generally, you should look to other leaves of a similar duration. For instance, if you’d generally pay someone for one to five days of jury service leave, or up to a week of bereavement leave, you’d want to also pay for a military leave of that approximate duration. If you provide longer paid leaves, e.g., a four- to eight-week family wellness leave, then you should consider paying for a military leave of that approximate duration as well. If you aren’t sure whether the other leaves you offer are comparable and you are considering not paying for a military leave, we recommend speaking with an attorney.
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