What is Military Leave?

Military Leave is a type of leave granted to employees who serve in the armed forces, including active duty, reserve duty, and National Guard service. This leave allows employees to fulfill their military obligations without risking their civilian employment or benefits. Military leave policies are governed by federal laws, such as the Uniformed Services Employment and Reemployment Rights Act (USERRA), as well as state laws and company-specific policies.

Key Elements of Military Leave

Eligibility

Eligibility for military leave typically extends to all employees who are members of the uniformed services. This includes those serving in the Army, Navy, Air Force, Marines, Coast Guard, and their respective reserves, as well as the National Guard.

Example: An employee who is a member of the Army Reserve is eligible for military leave when called to active duty or for training exercises.

Duration

The duration of military leave can vary based on the nature of the military duty. It may range from a few days for training exercises to several months or even years for extended deployments. USERRA provides protections for employees taking military leave, ensuring they can return to their civilian jobs after completing their service.

Example: An employee called to active duty for a one-year deployment is entitled to military leave for the duration of their service.

Reemployment Rights

USERRA guarantees that employees returning from military leave are entitled to be reemployed in their civilian jobs with the same seniority, status, and pay they would have attained had they not been absent for military service. This includes any promotions or raises they would have received.

Example: An employee returning from a two-year deployment is reinstated to their previous position with the appropriate salary increases and seniority adjustments.

Pay During Military Leave

Whether military leave is paid or unpaid depends on company policy and state laws. Some employers offer paid military leave for a certain number of days or provide differential pay, which covers the difference between the employee’s military pay and their regular civilian salary.

Example: An employer provides 10 days of paid military leave per year and offers differential pay for extended periods of service.

Job Protection

Job protection during military leave ensures that employees do not face discrimination or retaliation for their military service. USERRA provides robust protections to ensure that service members are not disadvantaged in their civilian careers because of their military obligations.

Example: An employee returning from military leave cannot be demoted or terminated due to their absence for military service.

Integration with Other Leave Types

Military leave may be integrated with other leave types, such as vacation or personal leave. Employees may choose to use their accrued leave during military service, but employers cannot force them to do so.

Importance of Military Leave

Support for Service Members: Military leave policies demonstrate an employer’s support for employees who serve in the armed forces. These policies ensure that service members can fulfill their military obligations without sacrificing their civilian careers.

Compliance with Legal Requirements: Adhering to US military laws, such as USERRA, helps employers avoid legal issues and ensures they meet their obligations to service member employees. Compliance is crucial for maintaining a fair and lawful workplace. By complying with leave laws such as USERRA, an employer ensures that they provide the required job protections and benefits to employees on military leave. Employers also must comply with state leave laws. Some state laws sometimes provide rights and benefits in addition to federal laws, such as USERRA.

For example, Nevada protects members of the Nevada National Guard.

Illinois military leave law, ISERRA guarantees rights in addition to the protection of federal USERRA.