Do employees have to give advance notice before military service?

Yes. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees—or an appropriate officer of their military unit—must give advance written or verbal notice to their employer before beginning military service.

Exceptions apply when:

• Military necessity prevents giving notice, or
• Giving notice is impossible or unreasonable.

“Military necessity” means a mission, operation, exercise, or requirement that is classified or could be compromised or adversely affected by public knowledge. (Department of Defense Instruction 1205.12)

For more information, visit the State of Tennessee Attendance and Leave Manual.