Military Leave - Reinstatement From Active Service Handbook Statement: West Virginia

Author: Amy E. Mendenhall, Marissa L. Dragoo, Corinn Jackson, and Judith A. Paulson, Littler

When to Include This Statement

West Virginia employers should consider including this statement in their handbook in order to educate employees about the availability of reinstatement following active duty in organized militia of West Virginia (including the West Virginia National Guard, Army and Air National Guard and inactive National Guard, as well as any member, unit, component, element, headquarters, staff or cadre thereof) or another state and to demonstrate compliance with the law.

Customizable Handbook Statement

Military Leave - Reinstatement from Active Service

In addition to the military leave rights set forth in the National Handbook, employees who are members of the organized militia in the active service of West Virginia or another state are entitled to the same reemployment rights granted to members of the reserve components of the United States armed forces under USERRA. "Organized militia" means the West Virginia National Guard, Army and Air National Guard, and the inactive National Guard, including a member, unit, component, element, headquarters, staff or cadre thereof.

Guidance for Employers

  • Under West Virginia law, employees who are members of the organized militia in the active service of the state or another state are entitled to the same reemployment rights granted to members of the reserve components of the United States armed forces under federal law.
  • The reinstatement rights established under USERRA are described in the National Handbook Military Leave policy.
  • Employers should be certain to document any employee's notice that he or she will be engaging in active state military duty covered by this policy. If an employee gives oral notice of an impending military duty, the employer should document such notice and place it in the employee's file. Human Resources should inform all managers/supervisors that they must forward any written notice, and communicate any oral notice, of an employee's pending military leave to the Human Resources department or other appropriate company representative or department. Employers should remember, however, that under USERRA, written or oral notice of military leave is sufficient to meet the employee's obligation to inform the employer of the need for military leave.
  • Supervisors should be trained regarding how to respond to requests for military leave so that they do not take any adverse actions (e.g., termination, demotion) against employees who are eligible for leave and who request or take leave.

Additional Resources

Military Leave Handbook Statement