Military Leave

What Is Military Leave?

Military leave provides members of the US armed services (and armed services reserves) a protected leave of absence from civilian employment while on duty.

To qualify for military leave, the law says the employee must tell their employer about their upcoming military service or training. The time off for military leave varies from a few days to weeks, or even up to a year. It's protected by law as long as the time away doesn't add up to more than five years total (with some exceptions).

Do you have to pay for military leave?

Military leave is unpaid, but employers must reserve the employee's job for them, or give them a similar position when they come back.

Their time on military leave also counts toward things like promotions, raises, and benefits increases, just like they never left. If an employee is ready for a new job when they return, the employer might offer training to help them get ready.

For example, if someone takes a year off for military leave, they must get their job back and get any pay raises that peers at their level got while they were away.

Military Leave Laws

The Uniformed Services Employment and Reemployment Rights Act (USERRA) says that members of the National Guard and Armed Services Reserve can take time off for military service and get their old jobs back. USERRA was enacted to remove barriers for military members and make sure they’re treated fairly when they come back from serving.

Following these laws shows that your company is committed to making your workplace inclusive and welcoming for everyone.

Military Leave of Absence Law

The military leave law ensures those who serve their country can seek employment without discrimination for their service—including the right to return to their civilian job and receive reinstated benefits, including retirement, paid time off, and health insurance as soon as they return to work.

Returning to Work After Military Leave

Service members returning to civilian employment should do the following based on their length of military leave:

4 Best Practices for Managing Military Leave

Here are some ways your company can best prepare for and manage military leave for your employees:

Here are some ways your company can get ready for and handle military leave for employees:

• Plan ahead. If an employee might need military leave, talk with them about their work and make a plan. Work together to make sure things go smoothly, so regularly scheduled training or a sudden deployment won’t leave you scrambling.
• Know your responsibilities. It's important for HR leaders to understand their role during military leave. Learn about military leave laws so you can confidently guide the employee and the team.
• Stay in touch. While employees are on military leave, keep them updated on company news. If you have a veterans or servicemember ERG, keep them in the loop! This communication can help them feel connected.
• Help them reintigrate. It's important to have a plan for when an employee returns from military leave. Talk to them about coming back, what to expect, what support they might need, and whether they’ll need any training. This will make the transition back to work easier.

By doing these things, you show that you care about employees who need military leave and that you value and respect everyone in the workplace.