Military Leave
Leave for military service members and their families
What is Military Leave?
Military leave covers time off for active duty military service, reserve duty, and National Guard service. Federal law (USERRA) provides extensive protections for service members. Additionally, FMLA provides leave for families of military members through military family leave provisions.
Federal Requirements
USERRA (Uniformed Services Employment and Reemployment Rights Act) provides job protection for up to 5 years of cumulative military service. FMLA provides 12 weeks for qualifying exigency and 26 weeks for military caregiver leave.
State-by-State Requirements
Eligibility Requirements
- •Member of uniformed services (military, National Guard, reserves)
- •Provide advance notice when possible
- •Cumulative service cannot exceed 5 years (with exceptions)
- •Must report back to work within required timeframe after service
Employer Obligations
- ⚠️Grant leave for military service
- ⚠️Reemploy service member in same or comparable position
- ⚠️Maintain health insurance coverage (up to 24 months)
- ⚠️Not discriminate based on military status
- ⚠️Provide pension/retirement credit for service time
- ⚠️Cannot require use of PTO for military leave
Employee Rights
- ✓Job protection for up to 5 years of cumulative service
- ✓Return to same position (or comparable if service was 90+ days)
- ✓Seniority and benefits as if continuously employed
- ✓Protection from discrimination or retaliation
- ✓Health insurance continuation
Best Practices for Employers
- 💡Provide paid military leave for training periods
- 💡Offer differential pay during deployments
- 💡Maintain contact with deployed employees
- 💡Create smooth return-to-work transitions
- 💡Support military families with flexibility
- 💡Train managers on USERRA requirements
Frequently Asked Questions
Can I be fired for military service?
No. USERRA provides job protection for up to 5 years of cumulative military service. You have reemployment rights when you return from service.
Is military leave paid?
Federal law (USERRA) does not require paid leave. Some states require paid military leave. Many employers offer paid leave for training periods or differential pay during deployments.
What about my health insurance during deployment?
Employers must maintain health insurance for up to 24 months during military service (you may need to pay the full premium after 31 days). Upon return, coverage must be reinstated without waiting periods.
Track Military Leave Easily
LeavePlan Pro helps you manage all types of employee leave, ensuring compliance and making tracking effortless.