Legal Question in Employment Law in California

Military Leave

An employee was called to active military duty and before leaving on military leave negotiated to be paid half his salary while on military leave. After 9 months of active duty he was released from active duty and told that he had 90 days to report to his previous employer. That employer now does not want to pay his half salary for the 75 days he took to get his affairs back in order before returning to the job from military leave. Is the employer bound to what was negotiated until return to work or upon military seperation?


Asked on 3/02/04, 2:33 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Military Leave

They have no obligation to pay anything, including the 1/2 pay you got during service. So it is not unreasonable for them to deny pay once you were released and 'vacationing'. However, since they are so charitable and patriotic, it may be possible to convince them to pay the 75 days as well, IF you have a good rationale for why you needed that time. If interested in having legal help doing so, contact me to discuss facts and fees.

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Answered on 3/05/04, 3:07 pm


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