Does the FMLA provide job protections if an employee is called to active duty?

Yes, the Family and Medical Leave Act (FMLA) does provide job protections if an employee is called to active duty in North Carolina. This protection means that employers must hold a service member’s job open for a specified period of time. FMLA regulations state that employees who are called to active duty in the military have the right to job reinstatement when they return from such duty. This includes the National Guard or a Reserve unit of any of the branches of the U.S. military. Employers are also required to provide up to 12 weeks of unpaid, job-protected leave for those called to active duty. Under the FMLA, employers are required to restore returning service members to their former position, or a position with equivalent pay, benefits, and other working conditions. If the employee’s job is not available, the employer is required to provide other work opportunities that are the same or equivalent in pay and benefits. The FMLA also protects service members’ benefits, such as health insurance, while they are on active duty. During this leave, the employer must continue to pay the employer’s share of the premium for any health coverage provided. In North Carolina, workers on active duty also have time off from work with job protection. The North Carolina Military Family Leave Act (NCFMLA) provides job protection and grants extra time off for those on active duty. This law states that employers must hold the job open for a service member for up to five years or for the duration of the employee’s active duty service, whichever is less. North Carolina employers are also required to reinstate the employee after active duty in the same or a similar position.

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Does the FMLA provide job protections if an employee is called to active duty?

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