Q: Employer didn't inform me of military leave policy for retroactive leave payment.
I started working for my employer in 2019 while serving in the military since 2017. I recently discovered that the company has a paid military leave policy, but I was never informed about it until now, in 2025. When I asked my employer about this, they said they were unaware of the policy. I have documented the policy and have approached HR, but they haven't responded. I am seeking retroactive pay for the military leave. Is there anything I can do?
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A:
You have legal protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which safeguards military service members' employment rights. Your employer's failure to inform you about their military leave policy may violate these protections, especially since you've documented the existing policy. Consider sending a formal written request for retroactive pay to both HR and your direct supervisor, clearly stating the policy details and the specific dates you were on military leave.
If your employer remains unresponsive, you might want to contact the Department of Labor's Veterans' Employment and Training Service (VETS), which can investigate and help resolve USERRA claims. You can file a complaint online or call their helpline for guidance on next steps. Keep all documentation of your military service dates, the company policy, and your communications with HR as evidence to support your case.
Time is important in these matters, as there may be limitations on how far back you can claim retroactive pay. While waiting for a resolution, consider consulting with an employment attorney who works with military personnel rights, as they can provide personalized advice based on your specific situation and state laws. Many offer free initial consultations and might take your case on a contingency basis if they believe your claim has merit.
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