Military leave is the time off employees take to fulfill their military duties, like training, deployment, or active duty. It’s an important benefit that ensures service members don’t have to worry about losing their civilian job while serving. Laws protect this right, so employees can return to their roles with the same benefits and seniority.
What are the laws regarding military leave?
The main law covering military leave is USERRA (Uniformed Services Employment and Reemployment Rights Act). It protects service members who need time off for military duties, ensuring they can return to their civilian jobs afterward.
USERRA guarantees that employees can come back to their position with the same pay, benefits, and seniority they would’ve had if they hadn’t left. But there are rules. Employees must notify their employer in advance and follow certain time limits—usually up to five years with one employer, with a few exceptions.
Employers also need to make reasonable accommodations to ensure returning service members get the benefits they’re entitled to. USERRA applies to most employers, including federal, state, and private companies.
Are employers required to pay for military leave?
No, employers aren’t required by law to pay for military leave under USERRA. The law protects the employee’s job, but it doesn’t require payment during their time off for military duties. That said, some employers do offer paid military leave, especially larger companies or industries that need to keep skilled workers.
If the leave is unpaid, military personnel may receive pay or a stipend from the government, depending on their service type and length. For example, National Guard or reserve members on active duty may receive compensation from the Department of Defense.
For short-term training (less than 30 days), some employers may have to pay employees based on company policy. States or local laws could offer better benefits, so employers should double-check what applies to them.
How can employers prepare and manage military leave?
Here are some tips for managing military leave:
- Know the legal requirements: Employers should understand USERRA and other relevant laws to avoid legal issues.
- Create a military leave policy: It’s helpful to have a written policy explaining how military leave works—whether it’s paid or unpaid, how to request it, and what reintegration looks like. Clear policies set expectations for everyone.
- Encourage communication: Open communication is key. Employees should notify their employer as soon as possible about military leave, but sometimes it’s not possible. Regular updates on their return date will help employers plan for staffing.
- Plan for temporary coverage: Employers need to figure out how to cover the employee’s work while they’re gone. This could mean redistributing tasks, hiring temporary help, or adjusting other employees’ workloads. Planning ahead keeps things running smoothly.
- Understand reintegration procedures: When the service member returns, employers should be ready to reintegrate them. USERRA ensures they can return to their job, but employers should also be aware of changes that may have happened—new projects, policies, or tech. A smooth transition benefits both the returning employee and the team.
- Research financial assistance: Employers may qualify for financial help or tax incentives if they offer paid military leave. Certain federal programs may reimburse wages or offer support for military leave costs. Employers should check what’s available.
By staying prepared and informed, employers can manage military leave effectively while supporting employees who serve in the military.