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How is Registered Apprenticeship different from other types of work-based training?

Registered apprenticeship training is distinguished from other types of workplace training by several factors: (1) participants who are newly hired (or already employed) earn wages from employers during training; (2) programs must meet national standards for registration with the U.S. Department of Labor (or federally-recognized State Apprenticeship Offices); (3) programs provide on-the-job learning and job-related technical instruction; (4) on-the-job learning is conducted in the work setting under the direction of one or more of the employer's personnel; and (5) training results in an industry-recognized credential.

Can an employer require an employee to produce military orders before granting a military leave of absence?

No. The law requires an employee to provide their employers with advance notice of military service, with some exceptions.

Notice may be either written or oral. It may be provided by the employee or by an appropriate officer of the branch of the military in which the employee will be serving. However, no notice is required if

  • Military necessity prevents the giving of notice; or
  • The giving of notice is otherwise impossible or unreasonable.

"Military necessity" for purposes of the notice exception is defined in regulations of the Secretary of Defense as “a mission, operation, exercise or requirement that is classified, or a pending or ongoing mission, operation, exercise or requirement that may be compromised or otherwise adversely affected by public knowledge.

What is the Uniformed Services Employment and Reemployment Rights Act?

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute. The Act itself can be found in the United States Code at Chapter 43, Part III, Title 38.

USERRA guarantees an employee returning from military service or training the right to be reemployed at his or her former job (or as nearly comparable a job as possible) with the same benefits. USERRA applies to virtually all employers, regardless of size, including the Federal Government. There are parallel provisions in the statute that apply to Federal, State and Local Government employers.

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