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Military leaves of absence may be almost any length, with a maximum cumulative leave of five years. When the employeeâs service is over, they must provide notice of intent to return to their employer. Under most circumstances, the employer must re-employ the employee. Once the veteran has been re-employed in their job, they cannot be fired for one year, except for cause, regardless of the period of their active duty.
To be eligible to use FMLA, the employee taking leave must: 1) have at least 12 months job seniority; 2) worked no less than 1,250 hours for the employer during the prior 12 months; 3) work for an employer having at least 50 employees within 75 miles of their jobsite or the location they report to; and. 4) intend to return to their job at the end of their leave period. Advanced Notice.