Military Leave

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the federal law that protects employment rights for persons serving in the uniformed services. USERRA addresses how employers must treat military leave and requires employers to put employees back to work in their civilian jobs after military service. This law bars employers from discriminating against employees in employment matters, such as hiring, firing, or promotion for the employees’ military service or affiliation.

Uniformed services under USERRA include the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty. It also includes the commissioned corps of the Public Health Service and any other category of persons designated by the president in a time of war or national emergency.

Many states also have laws that apply to military leave. Make sure you know your state’s requirements if you have an employee who is either in the military or who has an immediate family member in the military. The Family and Medical Leave Act was expanded in 2008 to include military leave.

If you have an employee eligible for military leave, consult local legal counsel to determine the rights and responsibilities of your organization and its employees.

SAMPLE POLICY:
MILITARY LEAVE

This organization will grant an unpaid leave of absence to employees in accordance with applicable federal or state laws regarding military leave. One example is the Uniformed Services Employment and Reemployment Rights Act of 1994.

Employees who intend to take military leave must notify their supervisors as far in advance as possible.  At a supervisor’s request, employees also may need to provide written proof of the reason for leave, the period of leave, and their intent to return to a position within the organization afterward. Reinstatement upon return from a military leave will be granted in accordance with applicable law, and employees shall not be discriminated against based upon their military service or affiliation.