Q: I was in an auto accident and I’m still recovering. I’m active duty and have a doctors note to be out.
Can I get in trouble for being out too long even if I have a doctors note and let my leadership know?
You should confer with your commanding officer and or the Legal Office, or a military law specialist. It sounds like you need a "Line of Duty" determination. An LOD determination may impact disability retirement and severance pay, forfeiture of pay, extension of enlistment, and veteran benefits. armypubs.army.mil/epubs/DR_pubs/DR_a/ARN33106-AR_600-8-4-001-WEB-2.pdf Other branches have similar procedures.
Depending on the outcome of this determination, you can lose or have disability retirement and severance pay or have it reduced if a injury occurred due to his or her own misconduct; you can lose pay for the period of time you are absent from military duty; any time in which you are unable to work could be "bad time" and can extend your enlistment period; your veteran benefits may be impacted negatively; your surviving family members may not be eligible for the Survivor Benefit Plan and/or may no longer be eligible for basic educational assistance death benefits.
A: If the accident was not your fault, or not entirely your fault, you may have legal claims against the other driver. Consult with a personal injury attorney to discuss. This person is not likely going to be able to assist in the LOD determination, as those are vastly different specialties of law.
As an active duty service member in California, you are entitled to certain rights and protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and other federal laws. These laws prohibit discrimination against service members in employment and protect their rights to take leave for military service and to be reemployed after their service.
If you have a doctor's note and have informed your leadership about your condition, you should be protected from disciplinary action for being absent from duty due to your injury. However, it is important to communicate regularly with your leadership and keep them updated on your recovery status, expected return date, and any changes in your condition.
If you experience any issues or concerns regarding your rights as a service member or your employment status, you can reach out to your installation's legal assistance office or the military's equal opportunity office for guidance and assistance.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.