Military Service
Federal law protects any employee, except a temporary employee, who is called to military service, training, or reserve duty. The protection extends to employees on probationary status and recently hired employees, even if they've been employed for only a few days. In general the law contains these mandates:
You may pay reservists the difference between their military pay and their regular pay, but you have no obligation to do so. You may not charge military leave to annual vacation leave, although an employee may elect to do so if the leave is unpaid.
The Uniform Services Employment and Reemployment Rights Act (USERRA), provides for military leave and reemployment rights for veterans and reservists and bars discrimination and retaliation based on an employee's military service. The Department of Labor's Veterans Employment and Training Service issued regulations, effective December 19, 2005, to explain and clarify USERRA.
Effective December 10, 2004, the Veterans Benefit Improvement Act of 2004, requires employers to provide a notice informing their employees of their rights under the Uniform Services Employment and Reemployment Rights Act (USERRA). The notice requirement can be met by posting a notice where employers customarily provide notices for employees. On December 19, 2005, the Department of Labor published the final version of the notice for employers to use to inform employees of their rights, benefits and obligations under USERRA.
The Veterans Benefit Improvement Act of 2004 also requires employers to extend to employees in military service the option of maintaining employer-sponsored health insurance coverage for a two year period.
Some states impose additional restrictions or requirements on employers whose employees are called to serve in the state militia, National Guard, or other military service.
Although many states protect employees who are called to military service with the National Guard or state militia, some states don't. Since people are rarely called up except when there is an emergency, disaster, or other pressing need, you should consider providing time off for this type of service, even if you're not required to do so. You can choose whether or not to pay for the time off.
Remember that you are subject to federal law even if your state has no rules on military leave. You may want to create a written policy that explains your procedures for employees who are taking military leave to facilitate handling requests for the leave.
Here's a package of
sample leave policies, including a sample military leave policy.
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Select a state from the map below to get information on providing employees military leave: |
| Military Duty Leave in Alaska choose another state |
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Employees in Alaska who are members of the organized militia must be given leaves of absence to perform active state service. Reinstatement. Upon release from service or discharge from duty-related hospitalization, an employee is entitled to return to a former position, or a comparable position, at the pay, seniority and benefit level the employee would have had without the leave. An employee must report for work immediately after traveling from the last duty or hospital stay to have job protection. By not reporting for work in a timely manner, the employee will be subject to whatever discipline is given for an unexcused absence. For militia members returning to work with disabilities who cannot perform the duties of the job last held, rights to reemployment in another vacant position expire 30 days after a treating physician releases the employee to return to full-time work. Willfully depriving a member of the National Guard or Naval Militia of employment, preventing the member from being self-employed or employed by another because of such membership is unlawful. |
| Military Duty Leave in Alabama choose another state |
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Alabama's military leave law covers only public employers. |
| Military Duty Leave in Arkansas choose another state |
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Arkansas' military leave law covers only the state and its political subdivisions. |
| Military Duty Leave in Arizona choose another state |
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Discrimination. Employers may not deprive a member of the National Guard of employment or dissuade anyone from enlisting in the state or U.S. military forces by threat of or actual infliction of physical or economic damage. A member of the National Guard cannot, because of such membership or because of absence from employment under competent military orders, be deprived of employment or prevented or obstructed in obtaining employment in the person's trade, occupation or profession. Employers in Arizona must allow members of the National Guard to take leaves of absence for active duty or to attend maneuvers and the like without affecting the employees' vacation rights, except that leave time is not considered as work time for vacation eligibility. Reinstatement. Upon return to work, an employee must be returned to his previous position, or to a higher position, without loss of seniority, commensurate with his ability, experience and seniority rights. |
| Military Duty Leave in California choose another state |
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Public and private employees in California who are members of the reserve corps of the U.S. armed forces, the National Guard or the naval militia are entitled to a temporary leave of absence without pay while engaged in military duty ordered for purposes of military training, drills or like activity not to exceed 17 calendar days annually. Those in the state militia reserves are entitled to 15 days of temporary military leave absence each year. All members called to active duty in the California National Guard who leave a position (not temporary) in the private sector must be restored to that position or to a position of similar seniority, status, and pay without loss of retirement or other benefits after service if several conditions are met. No private employer or officer or agent of any corporation, company, or firm, or other person, can restrict or terminate any collateral benefit for employees by reason of an employee's temporary incapacitation incident to duty in the National Guard or Naval Militia. Reinstatement. All members called to active duty in the California National Guard who leave a position (not temporary) in the private sector must be restored to that position or to a position of similar seniority, status, and pay without loss of retirement or other benefits after service if several conditions are met. The employee must have a certificate of satisfactory Guard service, must apply 40 days after release and must be qualified to perform the duties of the position. Under these conditions, the employee is given a leave of absence for the time served. However, restoration is not required if the employer's circumstances have so changed as to make it impossible or unreasonable to do so. Restored employees cannot be discharged without cause within one year. Part-time employees are subject to the same conditions for reemployment, except they must make application within five days after release from service. Persons not re-employed may file actions in superior court to require an employer to comply with the law and to compensate the person for any loss of wages or benefits due to the employer's unlawful action. No fees or costs will be charged and the individual may be represented by the district attorney. Discrimination. Discrimination against persons in the military or naval service of the state or of the U.S. is prohibited in California. The prohibition covers all aspects of employment and specifically bans employers from discharging anyone because of the performance of any military duty or training, or hindering a person from performing military service or from attending military training. Also, no member of the military forces may be prejudiced or injured by any person, employer, or officer or agent of any corporation, company, or firm with respect to that member's employment, position or status or be denied or disqualified for employment by virtue of membership or service in the military forces of California or of the United States. Additionally, private employers cannot restrict or terminate any collateral benefit for employees because of an employee's temporary incapacitation (of 52 weeks or less) incident to National Guard or naval militia duty. |
| Military Duty Leave in Colorado choose another state |
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Training. To be eligible, qualified members of the Colorado National Guard or the U.S. reserve forces in non-temporary positions must not leave the position for training for more than 15 days each year. The period of absence for military training is construed as absence with leave without pay. An employee's absence for military training will not affect his right to normal vacation, sick leave, bonus, advancement, and other advantages of employment. Reinstatement. Qualified members of the Colorado National Guard or the U.S. reserve forces who leave non-temporary positions for no more than 15 days each year for military training must be restored to their previous positions or similar positions with the same status, pay and seniority, provided they are still qualified to perform the duties of the positions and demonstrate satisfactory completion of training. Active service.--A private employee who is a duly qualified member of the Colorado national guard who leaves or who is absent from his or her employment, regardless of the length of such absence, in order to engage in active service for state purposes: (1) is entitled to the reemployment rights for members described above, as long as the member otherwise meets the requirements of that provision, and (2) retains his or her right to the employee benefits described above. |
| Military Duty Leave in Connecticut choose another state |
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The employer of any person in Connecticut who, as part of that person's military service, is required to attend military reserve or national guard meetings or drills during regular working hours must allow that person leave of absence for such purposes. No employee who is required to attend military reserve or National Guard meetings or drills during regular working hours may be subjected to any loss or reduction of vacation, holiday, or other employment privileges because of the employee's absence for military duty. Reinstatement. Reinstatement provisions not specified. |
| Military Duty Leave in District of Columbia choose another state |
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The District of Columbia's military leave law applies only to public employers. |
| Military Duty Leave in Delaware choose another state |
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Delaware's military leave law applies only to public employers. |
| Military Duty Leave in Florida choose another state |
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Florida's military leave law applies only to public employers. |
| Military Duty Leave in Georgia choose another state |
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In Georgia, to be eligible for military leave, the employee must be in other than a temporary position. Reinstatement. Employees in private industry in Georgia, other than those in temporary positions, who leave for military service are to be restored to their position or similar position of like seniority, status and pay when (1) they apply for reinstatement within 90 days of leaving military service; (2) they are qualified to perform the job; and (3) they possess a certificate of completion. Reemployment, however, may be denied if the employer's circumstances have so changed as to make it impossible or unreasonable to reemploy the employee. This job protection is applicable for annual training duties and for six months in any four-year period to attend service school. Members of the state militia or reserve forces also have this job protection. Discrimination. If a member of the military is discharged or suspended because of membership in the military, the person must be re-employed, if still qualified to perform the job and if the employee applies for reemployment within 10 days after discharge or suspension, or 10 days after military duty is completed. Restored employees are considered as having been on furlough or leave and are re-employed without loss of seniority and are entitled to participate in insurance or other benefits offered by the employer. The individual may not be discharged, except for cause, within one year of restoration. |
| Military Duty Leave in Hawaii choose another state |
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No employer in Hawaii may refuse to allow an employee to be absent from employment in order to perform duties for the National Guard. Reinstatement. Any employee absent for military duty leave must be restored or re-employed without loss of seniority or any benefits the employee is entitled to. Employees who take military leave may not be discharged without cause for one year after such leave. |
| Military Duty Leave in Iowa choose another state |
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Private employers in Iowa are required to grant leave to employees who are members of the national guard or organized service when they are called up for military service without reducing their rights to employment benefits. There is no requirement, however, that salaries be paid during the leave. The period of absence for military leave is considered a leave of absence and there is no limitation on the length of the leave. Military leave may in no way affect the individual's right to vacation, sick leave, bonus or other employment benefits. National guard. A member of the national guard or the organized reserves of the U.S. who is ordered to temporary active duty for purposes of training or for active state service is entitled to a leave of absence during the period of active duty or service from the member's civilian employment, other than temporary employment. Health insurance. An officer or enlisted person of the national guard or organized reserves of the U.S. who is insured as a dependent under a group policy for accident or health insurance as a full-time student less than 25 years of age, whose coverage under the group policy would otherwise terminate while the officer or enlisted person was on a leave of absence during a period of temporary duty or service, or as a member of the organized reserves called to active duty from a reserve component status, is considered to have been continuously insured under the group policy for the purposes of returning to the insured dependent status as a full-time student who is less than 25 years of age. This rule does not apply to coverage of an injury suffered or a disease contracted by a member of the national guard or organized reserves of the armed forces of the U.S. in the line of duty. Reinstatement. Upon completion of the duty or service, the employer must restore the person to the position held prior to the leave of absence, or a similar position. The returning employee must give evidence of satisfactory completion of the training or duty and that he or she is still qualified to perform the duties of the job. Discrimination. Discrimination against any officer or enlisted person because that person is a member of the national guard or the organized reserves of the U.S. armed forces is strictly prohibited in Iowa. No one may be discharged from employment or hindered or prevented from performing the military service that person has been called upon to perform. |
| Military Duty Leave in Idaho choose another state |
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Private sector employees in Idaho, other than temporary employees, who are members of the national guard or a reserve component of the U.S. armed forces, who leave their employment for training for 15 days or less each year are to be restored to their position or a similar position with the same status, pay and seniority upon completion of training. After restoration, the employee cannot be discharged without cause for one year. Reinstatement. Reinstatement is conditioned on the employee meeting the following conditions: (1) the employee must have given the employer notice of the dates of departure and return 90 days before leaving for service; (2) the employee must provide evidence of satisfactory completion of training; (3) the employee must still be qualified to perform the duties of the position upon return. |
| Military Duty Leave in Illinois choose another state |
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Private and public sector employees in Illinois, except temporary employees and state employees in certain administrative positions, are eligible for military leave privileges. Reinstatement. Private and public sector employees in Illinois, except temporary employees and state employees in certain administrative positions, who leave work to enter the military service (active duty or training) must be restored to their former positions with the same increases in status, seniority and wages that were earned during the term of military service by employees in like positions, or to a position of like seniority, status and pay, under certain conditions. The employees must be able to demonstrate evidence of honorable discharge, apply for reemployment within 90 days after being relieved from service or from hospitalization continuing after discharge for a period of not more than one year and still be qualified to perform the duties of the former positions. However, restoration can be denied by employers when circumstances have so changed as to make it impossible or unreasonable to do so. Employees no longer qualified to perform the duties of former positions because of service-connected disabilities must be restored to other similar positions they can perform with like seniority, status and pay, unless changed circumstances make it impossible or unreasonable for a private employer to do so. Protection is also afforded to those not accepted in the military if application for reemployment is made within 90 days after receipt of a rejection notice. Any person who is re-employed is considered as having been on leave of absence during military service and is entitled to participate in insurance or other benefits under the employer's rules and practices relating to employees on leave. After restoration, employees cannot be discharged without cause for one year. Effective July 11, 2005, where a person is given a specific date to start full-time employment with an employer but is called to active duty prior to that start date, the employer is to provide the individual with a written copy of the employment offer that states the date the work was to begin, the job title or duties to be performed, a statement showing remuneration offered, and the employer's signature. Upon satisfactory completion of military service or honorable discharge, the individual, if still qualified to perform the duties of the job and if application is made within 90 days of relief from service, is to be given preference for employment with that employer. If it is impossible or unreasonable because of changes in circumstances for the employer to employ the individual immediately, the individual is to remain eligible for employment for up to one year from the individual giving notice to the employer of his or her desire to work. Members of the Illinois National Guard who are called to active duty pursuant to a declaration of war or in time of declared emergency or civil insurrection are to be given written notice of these rules. Family Military Leave Act. Effective August 15, 2005, employers who employ between 15 and 50 employees must provide up to 15 days of unpaid family military leave to an employee during the time federal or state deployment orders are in effect. Employers who employ more than 50 employees must provide up to 30 days of unpaid family military leave during the federal or state deployment orders. Family military leave means leave requested by an employee who is the spouse or parent of a person called to military service longer than 30 days with the state or United States pursuant to orders of the Governor of Illinois or the President of the United States. The law applies to employees who have been employed with the same employer for at least 12 months and have been employed for at least 1,250 hours of service during the 12-month period immediately preceding commencement of the military leave. The law does not apply to independent contractors. Employees wishing to take family military leave must give their employer at least 14 days notice of intended leave if the leave is to consist of five or more consecutive workdays. For leaves of less than five days, the employee should give notice as soon as practicable. Where they are able to do so, employees are to consult with their employer so as not to unduly disrupt the employer's operations. In addition, all other accumulated leaves, except for sick leave and disability leave, must be exhausted before the employee can make use of the family military leave. Discrimination. It is an unlawful employment practice for Illinois employers to discriminate against employees based on the employee's military status (status is defined as being on active duty in the United States armed forces). In addition, it is unlawful for anyone to willfully deprive a member of the state National Guard or reserve forces of the United States of employment, prevent employment by another, or obstruct or annoy a member or the member's employer in respect to their employment because of such membership. Employees must be able to demonstrate evidence of honorable discharge, apply for reemployment within 90 days after being relieved from service or from hospitalization continuing after discharge for a period of not more than one year and still be qualified to perform the duties of the former positions. Fines are imposed against employers who terminate an employee's job while the employee is on active duty as a Reservist or member of the National Guard. If the Service Member's Employment Tenure Act is violated, an employer must compensate an employee called to active duty for any loss of wages or benefits, along with reasonable attorney's fees and costs. The same rights regarding court proceedings and credits or refunds of college tuition and fees are given to those called to active duty by the President of the United States and the Governor of Illinois. Illinois law gives access to MIA/POW scholarships to members of the National Guard and Reservists. |
| Military Duty Leave in Indiana choose another state |
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Employees are entitled to leave of absence for state active duty. This leave is in addition to any regular vacation time and may be with or without loss of time or pay at the discretion of the employer. Training. Any reserve member of the armed forces of the United States called upon to receive temporary military training is entitled to a temporary leave of absence from employment, not to exceed 15 days in any one calendar year. That person is required to provide the employer with evidence of the dates of departure and return as soon as practicable prior to departure and is also required to furnish the employer, upon return, with evidence of satisfactory completion of training. Upon return, such person is to be restored to the employee's previous or a similar position, with the same status as held prior to the leave for training. Such leaves may be granted with or without pay within the discretion of the employer. Temporary leaves of absence are not to affect the rights of the person to vacation leave, sick leave, or other normal benefits of employment. Reinstatement. An employee who returns from training leave is entitled to be restored to the employee's previous position or a similar position, with the same status that was held before leaving for training. Volunteer firefighters. Effective July 1, 2004, private employers may not discipline an employee who is a volunteer firefighter for being absent from work when the employee is responding to a fire or emergency call. An employee may initiate a civil action against an employer who disciplines the employee for this reason. However, an employer is authorized to request proof that an employee was engaged in fire or emergency activity when absent. |
| Military Duty Leave in Kansas choose another state |
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No private employer in Kansas may discriminate against a member of the military because of that person's military status; discriminate against a member of the military with respect to employment, employment position or status because that person is a member of the military; deny employment to any member of the military or disqualify for or discharge from employment any member of the military because of membership or service in the military; or discharge from employment any member of the military because of the member's performance of emergency military duty. Reinstatement. Reinstatement after a military leave is conditioned on satisfactory completion of duty or recovery from disease or injury resulting from such duty. The employee must report to the place of employment within 72 hours of release or recovery. If the person is not qualified to perform his former job due to disability sustained during military service, he must be employed in another position for which he is qualified. After restoration, the employee may not be discharged without good cause within one year. |
| Military Duty Leave in Kentucky choose another state |
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An employee in Kentucky must be granted a leave of absence for the period required to perform active duty or training in the national guard. However, no employer is required to grant an employee a leave of absence with pay. Reinstatement. Upon the employee's release from active duty or training, the employee must be permitted to return to his or her former position of employment with the seniority, status, pay, and any other rights or benefits the employee would have had if not absent. Discrimination. No person may willfully deprive a member of the National Guard of his employment or prevent the person's employment because of membership in the National Guard. |
| Military Duty Leave in Louisiana choose another state |
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Any employee who leaves employment to perform service in the uniformed services (armed forces, Army National Guard, Air National Guard, commissioned corps of the Public Health Service and anyone designated as part of the uniformed service by the President during time of war or emergency) must be treated as being on military leave of absence during the period of service, provided that the employee applies for reemployment after the period of service ends. Employees may, at their option, use any amount or combination of accrued annual leave, paid military leave, vacation or compensatory leave during the period of military leave of absence. Employees continue to accrue sick leave, annual leave, vacation leave and military leave during a military leave of absence, just as if the employee were still working. No employer may deduct from an employee's compensation for the cost of replacing the employee during a military leave of absence. Any employee who leaves employment to perform service in the uniformed services and who reapplies for insurance coverage after release, must be reinstated, including all his or her family members and dependents previously covered, with the group insurance program or medical and health care coverage without any clause or restriction because of a preexisting condition. Any eligible dependent covered under a plan or policy who is called to service in the uniformed services and whose coverage under a plan or policy is not maintained during their service, after release and upon application of the policyholder of the plan or policy, must be reinstated with the group policy or plan without any clause or restriction because of a preexisting condition. Reinstatement. Any person who takes military leave of absence is entitled to reemployment within ten days after application for reemployment if all the following conditions are met: (1) advance written or oral notice of the need for military leave of absence was provided to the employer; (2) the cumulative length of absence for military leave did not exceed five years; and (3) the person reports to or submits an application for reemployment with the employer whose service the employee left for military leave of absence. Pay. Employers are authorized to pay compensation to any employee who leaves employment to perform service in the uniformed services. Employers that elect to pay the compensation must pay compensation on a uniform basis to all such employees. Discrimination. A person who is a member of, applies to be a member of, performs, has performed, applies to perform or has an obligation to perform service in a uniformed service may not be denied initial employment, reemployment, retention in employment, promotion or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service or obligation. Posting Requirements. Employers are required to post in a conspicuous place a notice available from the Louisiana Department of Labor that notifies military reservists that they have protected employment and reemployment rights. Homeland security first responders. Effective June 18, 2004, Louisiana law requires employers of first responders to homeland security emergencies to maintain the employment, pay rate levels, pensions and benefits for those first responders. |
| Military Duty Leave in Massachusetts choose another state |
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Any member of an organized unit of the ready reserve of the armed forces, who, in order to receive military training leaves a position other than a temporary one for a period not exceeding 17 days in any one calendar year is eligible for military leave privileges. The period of absence for military training is construed as an absence with leave. The leave may be with or without pay, within the discretion of the employer. Absences for military training do not affect an employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of employment. Discrimination. Employers are prohibited from depriving members of the armed forces of Massachusetts of employment, denying or preventing employment by another, or obstructing or annoying the member or the member's employer in respect to their employment because of such membership. It is unlawful for an employer to deny initial employment, reemployment, retention in employment, promotion or any benefit of employment to a person who is a member of, applies to perform, or has an obligation to perform, service in a uniformed military service of the United States, including the National Guard, on the basis of that membership, application or obligation. Reinstatement. Any member of an organized unit of the ready reserve of the armed forces, who, in order to receive military training not exceeding 17 days in any one calendar year, leaves a position other than a temporary one, is entitled to be restored to his or her position or a similar one with the same status, seniority and pay under certain conditions: (1) The employee must give notice to the employer of the date of departure and date of return and provide satisfactory completion of such training. (2) The employees must still be qualified to perform the duties of the former job. |
| Military Duty Leave in Maryland choose another state |
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Officers and enlisted men of the organized militia who are ordered to active duty or training are protected in their civilian (public and private) employment during periods of active duty or training, under the following conditions: (1) the position left must not be a temporary one; and (2) application for reemployment must be made within 30 days after being relieved from duty or training. Certain provisions of federal law have been adopted as state law and apply to members of the Maryland Army National Guard and the Maryland Air National Guard. Reinstatement. If the applicant is still qualified to perform the duties of the position he or she left, the employee must be restored to that former position, or to a position of like seniority, status and pay. If the employee is not qualified to perform the duties of that position because of a disability sustained during active duty or training, but can perform the duties of any other position, the employee is entitled to another position that will provide like seniority, status and pay. The employer is not required to reemploy an employee where circumstances have so changed as to make it impossible or unreasonable to do so. Any person who is restored to a position must be restored in such manner as to give the employment status that the employee would have enjoyed had the employment been continuous from the time of entering active duty or training until being restored to the civilian employment. No fees or costs may be taxed against a person who brings an action to enforce reemployment rights. |
| Military Duty Leave in Maine choose another state |
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Any member of the military forces, including the Maine Army, the Maine Air National Guard and the Reserves of the U.S. Armed Forces, who, in response to federal or state orders, takes a military leave of absence from a position other than a temporary position in the employ of any civilian employer, must give notice to his or her civilian employer of an intended absence for military duty. The employer may request a confirmation of satisfactory completion of military duties upon the employee's return to civilian employment or immediately thereafter. Military leave is an absence with leave, without loss of vacation, sick leave, bonus, advancement or other advantages of employment. Within the discretion of the employer, the leave may be with or without pay. Reinstatement. Any employee who gives notice of the need to be absent for military leave and, upon completion of military leave gives confirmation of a satisfactory completion of the military service for which leave was sought, and is still qualified to perform the duties of his position must be reinstated without loss of pay, seniority, benefits, status, and any other advantages of employment as if the employee had remained continuously employed. A Maine law enacted April 3, 2006, provides mandatory waiting periods from the time an employee leaves the service to the time the employee is required to report back to work. For employees serving three days or less, there is a 24-hour waiting period. For those serving more than three days up to 15 days, there is a 48-hour waiting period. For those serving more than 15 days but no more than 30 days, a 72-hour period is in effect. For more than 30 days but no more than 180 days of service, a 14-day waiting period is required. Military service of more than 180 days requires a waiting period of 90 days before the employee can be required to return to work. Discrimination. It is unlawful for any public or private employer to penalize any member of the National Guard or the Reserves of the United States Armed Forces with regard to compensation, hiring, tenure, terms, conditions, or privileges of employment or to deny any other advantage of employment due to the employee's membership or participation in the National Guard or the Reserves of the U.S. Armed Forces. |
| Military Duty Leave in Michigan choose another state |
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No employee in Michigan who requests a leave from employment may be denied a leave of absence by that person's employer for the purpose of entering, or determining physical fitness to enter, the United States or state military or naval forces. Reinstatement. Upon release from training, duty or upon rejection, an employee must be reinstated to his or her position without reduction in seniority, status, or pay, if the employee makes application for reinstatement within 15 days following release or rejection. Discrimination. No person may discriminate against any officer or enlisted person because that person is a member of the U.S. or state military or naval forces. No employer may discharge any employee for performing military duty, or hinder the employee from performing military service or from attending military encampment, drill or instruction, or dissuade any person from enlisting or accepting a commission in the National Guard or naval militia by threat of injury to his or her job. It is unlawful to directly or indirectly deprive a member of the organized militia of employment, to interfere with employment, or to dissuade anyone from enlisting in the military under threat of injury to employment. |
| Military Duty Leave in Minnesota choose another state |
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Private sector employees in Minnesota who engage in active service in the military forces in time of emergency are entitled to leave without pay, with right of reinstatement. Reinstatement. Reinstatement is to the position held at the time of entry into service and if such position is available, at the same salary that the employee would have received if leave had not been taken, under the following conditions: (1) that the position has not been abolished; (2) no physical or mental disabilities prevent the performance of job duties; (3) written application for reinstatement is made within 90 days after termination of service or 90 days after discharge from service-related hospitalization or medical treatment that follows within one year of termination of service; and (4) submission of an honorable discharge or other release indicating that the military or naval service was satisfactory. Upon reinstatement an employee has the same rights with respect to accrued and future seniority status, efficiency rating, vacation, sick leave, or other benefits as if he or she had actually been employed during the time of such leave. An employee that is reinstated cannot be removed or discharged within one year, except for cause, after notice and hearing. Discrimination. Discharging any person from employment because of membership in the U.S. or state military or naval forces, hindering any person from performing military service, or to dissuading any person from enlistment in the military service by threat or injury is prohibited. An employer is not permitted to ask a person seeking employment whether the person is a member of the National Guard or a reserve component of the United States Armed Forces, if the intent of the question is to discriminate against the person seeking employment. |
| Military Duty Leave in Missouri choose another state |
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Employers, officers and agents of any corporation, company or firm, or any other person, are prohibited from discharging any person from employment because of being a member of the Missouri organized militia. It is also prohibited to hinder or prevent any person from performing any militia service he may be called upon to perform by proper authority or dissuade any person from enlistment in the organized militia by threat or injury to him in respect to his employment, trade or business, in case of his enlistment. |
| Military Duty Leave in Mississippi choose another state |
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Members of the reserves of the armed forces of the United States or former members of the service of the United States who are honorably discharged or released from reserve duty or from service under conditions other than dishonorable and who, in order to perform duties or receive training with the armed forces of the United States or of the state of Mississippi, leave an employment position (other than a temporary position) are eligible for military leave privileges. The period of absence for military duty is construed as an absence with leave but it may be without pay. Reinstatement. In Mississippi, members of the reserves of the armed forces of the United States or former members of the service of the United States who are honorably discharged or released from reserve duty or from service under conditions other than dishonorable and who, in order to perform duties or receive training with the armed forces of the United States or of the state of Mississippi (including active state duty, state training duty or any other authorized military duty), leave an employment position (other than a temporary position) must be restored to the previous or a similar position with the same status, pay and seniority, if the employee provides evidence of satisfactory completion of military service and is still qualified to perform the duties of the position. Discrimination. Discrimination against service persons is prohibited in Mississippi. |
| Military Duty Leave in Montana choose another state |
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The law protecting the employment and reemployment rights and protection from discrimination for members of the state national guard is the Montana Military Service Employment Rights Act. For persons ordered to federally funded military duty, the employment and reemployment rights and benefits provided under the federal Uniformed Services and Employment and Reemployment Rights Act of 1994 and other applicable federal laws apply. An employer may not willfully deprive a member of the organized militia of employment or prevent the member from being employed or obstruct or annoy a member in respect to the member's trade, business or employment because of membership in the organized militia. A person who serves in active state service in the organized militia in time of a disaster or an emergency declared by the proper state authority is entitled to a leave of absence from civilian employment during the period of active state militia service. When the period of active state militia service ends, the person is entitled to reemployment with the same seniority, status, pay, and vacation as the person would have had if the person had not been absent during the period of service. The leave time may not be deducted from any sick leave, vacation leave or other leave. An employee may voluntarily use accrued vacation leave or other already earned benefits during the leave of absence for state militia service. Reinstatement. Employers are not obligated to return the person to employment after the leave of absence if the person is no longer qualified to perform the duties of the position (except that discrimination due to disability is prohibited), the position was temporary and the temporary employment period expired, the person's request to return to employment was not done in a timely manner, the employer's circumstances substantially changed, or the person's return to employment would cause the employer undue hardship. Discrimination. No one may dissuade another from enlisting in the organized militia by threatening to injure or injuring the person's business, employment or trade. |
| Military Duty Leave in North Carolina choose another state |
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A member of the North Carolina National Guard called into service of the state by the governor has the right to take leave without pay from his or her civilian employment without using or exhausting vacation or other accrued leaves from his or her civilian employment for a period of active service. The choice of leave is solely within the discretion of the member. Reinstatement. The employee must make written application to his or her previous employer for reemployment within five days of his or her release from duty or from hospitalization continuing after release. If the employee is still qualified for his or her previous employment, he or she must be restored to that position or to a position of like seniority, status and salary, unless the employer's circumstances now make the restoration unreasonable. If the employee is no longer qualified for his or her previous employment, he or she must be placed in another position, for which the employee is qualified, and that will provide appropriate seniority, status and salary, unless the employer's circumstances now make the placement unreasonable. Discrimination. In North Carolina, there is to be no discrimination in the workplace with regard to employment, position or status nor may an individual be denied or disqualified from employment because the individual is a member of the military. Further, no employer may discharge any person from employment because of the performance of any emergency military duty. |
| Military Duty Leave in North Dakota choose another state |
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North Dakota has no law on military duty leave. |
| Military Duty Leave in Nebraska choose another state |
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In Nebraska, employees who are members of the national guard or United States armed forces reserves are entitled to a leave of absence without loss of pay for 15 days each year. This leave is in addition to the regular annual leave or vacation provided to the employee. If the governor calls the national guard or reserves to active duty because of a state of emergency, an additional leave of absence will be granted until the employee is released from active service. Compensation during active duty for a state emergency is limited to the portion of the employee's salary lost while in active service. Leave not to exceed four years is available to all employees (except temporary) who leave a position for military training or active service with the national guard or armed forces of the United States. For the first 15 days leave is without loss of status, efficiency rating or pay. Reinstatement. An employee may return to the same position after service without loss of seniority, status, pay and vacation, if still qualified to perform the duties of the position and if application is made 30 days after release. When an employee has received a disability in the service, the employee is entitled to be restored to another position that will provide the same seniority, status and pay. Discrimination. Nebraska has adopted the state law provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA) that prohibit discrimination against persons who serve in the uniformed services. Employers are prohibited from discharging an employee because of the employee's membership in the Nebraska National Guard or for fulfillment of military duty in active state or federal duty. An employee may not be discharged without just cause for one year after reinstatement. |
| Military Duty Leave in New Hampshire choose another state |
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In New Hampshire, all employees are eligible for military leave privileges. Employers may offset any amount received by a salaried employee as military pay for a particular pay period against the salary due for that pay period if the employer has a written, bona fide military leave plan, practice or policy. Discrimination. Discrimination against National Guard members in employment because of membership or absences to perform duties is prohibited. |
| Military Duty Leave in New Jersey choose another state |
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Reinstatement. In New Jersey, any person who leaves a private sector job, other than a temporary one, must be restored to that job or to one of like seniority, status and pay when the service is completed, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. However, restoration depends upon compliance with the following requirements: (1) the duties of the job can still be performed; (2) a certificate of completion of military service is presented; and (3) application for reemployment is made within 90 days after release from service. Job protection is also afforded to persons on temporary military duty (annual training or to attend service schools) for up to three months. Employees must apply for reemployment within 10 days of completion of the temporary duty. Similar job protections are afforded to members of the reserves or organized militia who are discharged or suspended by employers because of membership and apply for reemployment within 10 days after discharge or suspension. Job protection is not given to those who attend service school for more than three months during any four-year period. Those restored to positions are considered as having been on leave of absence during the period of military service and must be restored without loss of seniority and are entitled to participate in insurance or other benefits as other employees on leave. Discrimination. A person who has taken military leave may not be discharged from the restored position without cause for one year. |
| Military Duty Leave in New Mexico choose another state |
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Employees in New Mexico (other than temporary employees) who enter the military, National Guard or organized reserve and serve with honor are entitled military leave privileges. Reinstatement. Employees in New Mexico (other than temporary employees) who enter the military, National Guard or organized reserve and serve with honor are entitled to reemployment if qualified and if application is made within 90 days after training, service or hospitalization. Employers must restore the person to the same position or similar position of like seniority, status and pay unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. Discrimination. Employers are prohibited from discriminating against an employee because of the employee's membership in the National Guard. |
| Military Duty Leave in Nevada choose another state |
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Nevada has no law on military duty leave. |
| Military Duty Leave in New York choose another state |
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Any person in New York who, in order to perform military service, leaves a job in the private sector, other than a temporary one, is eligible for military leave privileges. Any public or private employee who performs military duty for the state or the United States, including advanced training duty as a member of a reserve component of the armed forces, is entitled to military leave. Reinstatement. Any person in New York who, in order to perform military service, leaves a job in the private sector, other than a temporary one, must be restored to that position or to a position of like seniority, status and pay, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. Restoration depends upon the satisfactory completion of the following requirements: (1) the employee is still qualified to perform the duties of the position (2) a certificate of completion of military service is presented; and (3) application for reemployment is made within 90 days after being relieved from service. Job protection is also afforded to persons on temporary military duty (annual training). These employees must apply for reemployment within 10 days of completing the temporary duty. Reemployment rights are also available to any person who leaves employment to perform initial full-time training duty or initial active duty in U.S. forces, except that application for reemployment must be made within 60 days. Similar job protections are afforded to members of the reserves or organized militia who are discharged or suspended by employers because of membership and apply for reemployment within 10 days after discharge or suspension. Those restored to positions are considered as having been on leave of absence during the period of military service, they must be restored without loss of seniority, and they are entitled to participate in insurance or other benefits as others on leave. Enforcement of these provisions is by private lawsuit, however, the attorney general may represent the employee. Discrimination. Discrimination against persons subject to military duty is prohibited. Employees cannot be discharged without cause for one year. |
| Military Duty Leave in Ohio choose another state |
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The determination of reinstatement and reemployment rights of permanent public employees and permanent private employees in the uniformed services must be made in accordance with the federal Uniformed Services Employment and Reemployment Rights Act of 1994. |
| Military Duty Leave in Oklahoma choose another state |
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Employers cannot discharge an employee because the employee is an officer, warrant officer, or enlisted person in the military forces of the state. |
| Military Duty Leave in Oregon choose another state |
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When an employee who is a member of the Oregon state militia is called to active service, the employee must be granted a leave of absence until released from active service. During that time, the employee's position must be considered vacant and the person may not be removed or discharged from the position because of the leave. Employers are not required to pay wages or other compensation to employees on leave. Reinstatement. An employee must return to work within seven days of termination of leave taken as a member of the organized militia. After completing military leave, the employee must be restored to that position or an equivalent position without loss of seniority, vacation credits, sick leave credits, service credits under a pension plan, continuation of health care to any individual covered under the employee's plan or any other employee benefit or right that had been earned at the time of the leave of absence. |
| Military Duty Leave in Pennsylvania choose another state |
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Military leave must be automatically granted by all employers in time of war or emergency to those that enlist or those in the reserves. For the first 30 days, the public or private employer must continue health insurance and other benefits. After that time, the employee must be given the option to continue the benefits at his own expense. During military leave, employees may not be removed from employment but are not entitled to receive pay from civilian employment. Military leaves of absence expire 90 days after the period of duty in the U.S. military and 30 days after National Guard duty. Effective February 20, 2006, Pennsylvania's military leave law requires the extension of a student's health insurance under a parent's health insurance policy for the duration of the eligible member's active duty or until the member is no longer a full-time student. The eligibility of a full-time student for coverage under his or her parent's health insurance policy is not to be terminated because of the age of the eligible member when the member's educational program was interrupted because of military duty. Reinstatement. Upon completion of military leave, employers must restore the persons to the positions held or to positions of like seniority, status and pay, unless the employers' circumstances have so changed as to make it impossible or unreasonable to do so. If a person sustained a disability and cannot perform the job, the employee must be restored to another position that the employee is qualified to perform and that will provide similar seniority, status and pay. Discrimination. Employers in Pennsylvania may not discharge or otherwise discriminate against an employee with respect to compensation, hire, tenure, terms, conditions, or privileges of employment because of membership in the state and federal military forces. |
| Military Duty Leave in Puerto Rico choose another state |
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Employers are required to give preference to a veteran, under equal academic and technical conditions or experience, when filling any position, employment or employment opportunity. |
| Military Duty Leave in Rhode Island choose another state |
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Employees in Rhode Island who enter the U.S. military forces are entitled to military leave privileges. Reinstatement. Employees in Rhode Island who enter the U.S. military forces are entitled to reinstatement to their former employment or position of seniority, status and pay if qualified to perform the duties of the position, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. |
| Military Duty Leave in South Carolina choose another state |
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Any member of the National Guard or South Carolina guard on state duty is entitled, upon honorable release from duty, to some military leave privileges. Reinstatement. Any member of the National Guard or South Carolina guard on state duty is entitled, upon honorable release from duty, to reemployment rights when application for reemployment is made within five days of release from duty or from a service-related hospitalization. Qualified employees are restored to previous positions, or equivalents, unless unreasonable by circumstances. Employees not qualified must be placed in another position, unless unreasonable by circumstances. |
| Military Duty Leave in South Dakota choose another state |
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In South Dakota, any member of the reserves of the U.S. Armed Forces called upon to receive military training is entitled to a leave of absence from employment not to exceed 15 days in any one calendar year. If any member of the South Dakota National Guard is ordered to active duty service by the Governor of South Dakota or the President of the United States, the member is entitled to all of the protections afforded to persons serving on federal active duty by the Soldiers and Sailors Relief Act and by the Uniformed Services Employment and Reemployment Rights Act (USERRA). Reinstatement. An employee who leaves permanent employment to perform active duty in the National Guard or for military training, after providing the employer with evidence of dates of departure and return at least 60 days before service, and who provides evidence of satisfactory completion upon return, must be restored to the previous or a similar position with the same status, pay and seniority, if qualified. The time away from the job is to be construed as a leave of absence. In the discretion of the employer, leave may be with or without pay. |
| Military Duty Leave in Tennessee choose another state |
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Tennessee has no law on military duty leave. |
| Military Duty Leave in Texas choose another state |
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A private employer may not terminate the employment of a permanent employee who is a member of the state military forces because the employee is ordered to active duty during a state emergency or authorized training or duty in the state military forces. Reinstatement. An employee who takes military leave is entitled to return to the same employment held when ordered to duty, unless the employer's circumstances changed and reemployment is impossible or unreasonable. The employer has the burden of proof of proving the impossibility or unreasonableness of employing the employee under the employer's changed circumstances. The employee, as soon as practicable after release from duty, must give written or actual notice of intent to return to work. An employer may not delay or attempt to defeat an employment obligation by demanding documentation that does not exist or is not readily available at the time notice is given. |
| Military Duty Leave in Utah choose another state |
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Utah's military leave law applies only to public employers. |
| Military Duty Leave in Virginia choose another state |
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A member of the Virginia National Guard, the Virginia State Defense Force or the naval militia who performs, has performed, applies to perform or has an obligation to perform state active duty may not be denied initial employment, reemployment or retention in employment, promotion or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service or obligation. An employer is considered to have denied a member of the Virginia National Guard, the Virginia State Defense Force or the naval militia initial employment, reemployment, retention in employment, promotion or benefit of employment if the member's membership, application for membership, performance of service, application for service or obligation for service is a motivating factor in the employer's action, unless the employer can prove by the greater weight of the evidence that the same unfavorable action would have taken place in the absence of the member's membership, application for membership, performance of service, application for service or obligation for service. Any person in Virginia who interferes with the job rights of members of the National Guard or naval militia is guilty of a misdemeanor, subject to a fine and/or imprisonment. |
| Military Duty Leave in Virgin Islands choose another state |
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No information available. |
| Military Duty Leave in Vermont choose another state |
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In Vermont, any member of the reserves of the U.S. Armed Forces or the national guard called upon to receive military training or for active duty is eligible for military leave privileges. These privileges apply to permanent employees who notify their employer of the date of departure and date of return for purposes of military training 30 days prior to the date of departure or as soon as practical after being called into active service by the governor. Time away from the job for military duty is to be construed as a leave of absence, and it is within the discretion of the employer whether to allow leave with or without pay. The leave of absence does not affect an employee's rights to normal vacation, sick leave, bonus, advancement and seniority which accrues during the absence. Reinstatement. In Vermont, any member of the reserves of the U.S. Armed Forces or the national guard who provides evidence of the satisfactory completion of the training immediately upon return and is still qualified to perform the duties for such position, must be reinstated in that position with the same status, pay and seniority including seniority that accrued during the period of absence. Any member of the reserves of the U.S. Armed Forces called upon to receive military training not to exceed 15 days who leaves employment (other than temporary) must be restored to his previous or similar position with the same status, pay and seniority. This protection is afforded to the employee provided the employee gives his employer evidence of dates of departure and return at least 30 days before departure and evidence of satisfactory completion after service. The employee must also still be qualified to perform the job. Discrimination. A member of or an applicant for membership in the national guard in either federal or state status may not be denied initial employment, reemployment, retention of employment, promotion, or any benefit of employment by an employer on the basis of membership, application for membership, performance of service, application for service, or obligation to serve. An employer must not discriminate in employment against any person because a person has enforced a provision of, testified or made a statement in connection with any proceeding, assisted or participated in any investigation and/or exercised any right provided by Vermont or federal military leave law. |
| Military Duty Leave in Washington choose another state |
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Any Washington resident who leaves employment (other than a temporary position) to determine physical fitness to enter or does enter active duty or training in the National Guard, the armed forces of the United States or the U.S. Public Health Service is eligible for military leave privileges. Reinstatement. Any Washington resident who leaves employment (other than a temporary position) to determine physical fitness to enter or does enter active duty or training in the National Guard, the armed forces of the United States or the U.S. Public Health Service must be re-employed unless the circumstances have so changed as to make it impossible, unreasonable or against the public interest to do so. However, the person must still be able to perform the duties of the former position. Restoration must be to the former position or position of like seniority, status and pay. If not qualified to perform the duties of the former position, the employee must be re-employed in another position providing the same seniority, status and pay as the former position. |
| Military Duty Leave in Wisconsin choose another state |
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Any person in Wisconsin who leaves private or unclassified public employment (other than a temporary position) for active service in the U.S. military, national guard or national defense work is eligible for military leave privileges. Reinstatement. Any person in Wisconsin who leaves private or unclassified public employment (other than a temporary position) for active service in the U.S. military, national guard or national defense work must be restored to the position that was left to enter the military service or to a position of like seniority, status and pay and salary advancement, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. However, the following requirements must be met prior to restoration: (1) ability to perform the duties of the position; (2) a certificate of satisfactory completion of military service is presented; (3) application for reemployment is made within 90 days after release from service, or six months after release from service-related hospitalization; and (4) the military service was not for more than four years, except when extended by law. Persons who take military leave are to be treated as if their employment was not interrupted by absence (except for receipt of pay), and they are entitled to participate in insurance or other benefits according to the established rules and practices relating to employees on furlough or leave. Discrimination. Employees cannot be discharged from a restored position without cause for one year. |
| Military Duty Leave in West Virginia choose another state |
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Members of the organized militia (National Guard) in the active service of West Virginia for 30 consecutive days or longer are entitled to the same reemployment rights granted members of the U.S. Armed Forces reserves under federal law. |
| Military Duty Leave in Wyoming choose another state |
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Effective July 1, 2005, any person absent from employment because of service in the uniformed services is entitled to reemployment rights and benefits and other employment benefits within ten days of application for reemployment if the employee's cumulative absences because of military leave do not exceed five years, and if the person's discharge from service was an honorable discharge or a discharge under honorable conditions. |
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