Dealing with Employees on Military Leave
HR Mentor, 08-Oct-01

Various publications

Due to the U.S response to the recent terrorist attacks, we have received questions from our clients on how to handle time off for those employees who are members of the National Guard and Reserves who are being required to report to active duty.

A federal law, the Uniformed Services Employment and Reemployment Rights Act, or USERRA, sets out some broad guidelines that all employers must follow. This law generally prohibits discriminating against workers who serve in the uniformed services, and includes the following:

• The law, passed in 1994, gives those who serve in the reserves the right to request reemployment once they return from military service of up to 5 years.
• If they are absent for less than 91 days, employees should be reemployed in the same position held before they were called up.
• Employers must provide certain pension, health and other benefits to those who are on military leave and to reemployed veterans.
• Employees covered by defined benefit pension plans must be credited for the time they are on military service. For vesting purposes, it's as if they never left.
• Depending on company health plan policies, employers must offer a continuation of coverage to those who are called to serve, as well as to their dependents for at least 18 months.
• This law does not require an employer to pay an employee's salary while on military leave if the leave is longer than one week.
• Unless circumstance make it impossible, employees must give advance notice of the leave.

State laws, which are usually more specific, vary by state. In the case where there is a difference between the requirements of the federal and state laws, whichever law is more advantageous to the employee is the law that must be followed.

Below you will find a quick reference guide to the main state laws that spell out rights and responsibilities in getting and granting military leave.

Also, be aware that the rights and responsibilities inherent in your company’s military leave policy should be clearly spelled out. Should you need to update or write a handbook please call us.

Time Off for Military Leave

Alabama          

Employees who are active members of the Alabama National Guard or any reserve of the armed forces are entitled to up to 21 days of paid leave when called to perform military duty.

Alaska 

Public employees are entitled to 16.5 days of paid leave if they are members of the reserves and are called for training, duty or a search and rescue mission. Private employees who are state militia members are entitled to an unpaid leave of absence if they are called to active service.

Arizona 

State employees who are members of the National Guard can take up to 30 days of paid leave in a two year period when called for training. Private employees who are members of the National Guard are entitled to an unpaid leave of absence when called for active duty or training.

Arkansas

Public employees who are members of the National Guard or U.S. reserves can take up to 15 days of paid leave in a year when called for training or active duty. They may carry over any unused leave until the next year--but the total leave available in a year shall not exceed 30 days.

California

Public employees who are members of the National Guard or U.S. reserves can take up to 30 days of paid leave and 180 days of unpaid leave per year when called for training or duty. Private employees who are members of the National Guard or U.S. reserves are entitled to 17 days of unpaid leave for active military duty or training.

Colorado

Public employees who are members of the National Guard or U.S. reserves can take up to 15 days of paid leave per year when called for training or duty. If additional leave time is required, it will be unpaid. Private employees who are members of the National Guard or U.S. reserves are entitled to 15 days of unpaid leave for active military duty or training.

Connecticut

Employees who are members of the National Guard or U.S. reserves can take up to 30 days of paid leave per year when called for training or duty.

Delaware

State employees and public and private education employees who are members of the National Guard or armed forces can take up to three years of leave when called for active duty.

District of Columbia

Employees who are members of the National Guard or U.S. reserves can take up to 15 days of paid leave per year when called for active duty or defense training--and up to 22 days of paid leave for full-time military service for the state.

Florida

Public employees who are members of the National Guard or U.S. reserves can take up to 17 days of paid leave per year when called for training--and unpaid leave if called for active duty.

Georgia

Public employees who are called for military duty can take up to 18 days of paid leave per year. National Guard members called into active duty may take up to 30 days of paid leave. And those attending service school are entitled to up to six months of unpaid leave.

Hawaii

Private employees who are National Guard members may take unpaid leaves during their times of duty. Public employees who have at least six months of service with their employers may take up to 15 days of paid leave each year for duty in the National Guard or U.S. reserves.

Idaho

Employees who are members of the National Guard or U.S. reserves can take up to 15 days of unpaid leave per year when called for service.

Illinois

No state provision

Indiana

Employees who are members of the U.S. reserves can take up to 15 days of unpaid leave per year when called for training or service.

Iowa

Employees who are members of the National Guard or U.S. reserves can take unpaid leave when called for service.

Kansas

No state provision

Kentucky

Employees who are members of the National Guard can take unpaid leave when called for service.

Louisiana

Private employees who are members of the state militia or National Guard are entitled to unpaid leave when called for training or service. Public employees who are members of the National Guard or U.S. reserves can take up to 15 days of paid leave per year when called for training or service.

Maine

Public employees who are members of the state militia or National Guard are entitled to paid leave while on annual training duty.

Maryland

Public employees who are members of the organized militia are entitled to 15 days of paid leave for training annually and unlimited paid leave if called for active duty.

Massachusetts

Full-time employees are entitled to 17 days of unpaid leave per year for military training.

Michigan

No state provision

Minnesota

Public employees who are members of the National Guard or U.S. reserves are entitled to 15 days of paid leave if called for active duty or training--and may take additional leave without pay if called for extended duty.

Mississippi

Private employees who are members of the state or federal military reserves are entitled to unpaid leaves when called for training or service. Public employees who are members of the National Guard or U.S. reserves can take up to 15 days of paid leave per year when called for training.

Missouri

Public employees who are members of the National Guard or U.S. reserves are entitled to 15 days of paid leave if called for active duty or training--and may take additional leave without pay if called for extended duty.

Montana

Public employees who have been employed at their employers for at least six months are entitled to 15 days of paid leave if called for military or state militia duty.

Nebraska

Employees who are members of the National Guard or military reserves can take up to 15 days of paid leave per year when called for training or service.

Nevada

No state provision

New Hampshire

No state provision

New Jersey

No state provision

New Mexico

Employees who are members of the National Guard or military reserves are entitled to unpaid leaves when called for active duty.

New York

Full-time employees who are members of the National Guard or military reserves are entitled to unpaid leaves when called for active or inactive duty or training.

North Carolina

Full-time employees who are members of the National Guard are entitled to unpaid leaves when called into service.

North Dakota

Public employees who have been employed at their employers for at least 90 days are entitled to 20 days of paid leave annually when ordered to active service in the National Guard, military reserves or federal military service. They are entitled to 30 days annually if called for a partial or full mobilization.

Ohio

No state provision

Oklahoma

Public employees are entitled to 20 days of paid leave annually for training in the National Guard--and to additional unpaid leave for active duty service that extends beyond that time.

Oregon

Public employees are entitled to 15 days of paid leave annually if called for military training. And any employee who is a member of the state militia must be given unpaid leave if called for active service. Any private employee who is a member of the state militia must be given unpaid leave if called for active service.

Pennsylvania

Any public employee who enlists, is drafted or called into service during a war, armed conflict, draft or emergency declared by the president or governor is entitled to an unpaid leave during the time of service. And employees who are members of the National Guard are entitled to 15 days of paid leave annually for training and active duty. Any private employee who enlists, is drafted or called into service during a war, armed conflict, draft or emergency declared by the president or governor is entitled to an unpaid leave during the time of service.

Rhode Island

Employees who are members of the National Guard are entitled to unpaid leave for training and active duty.

South Carolina

Public employees are entitled to 15 days of paid leave annually when ordered to active service or training in the National Guard or U.S. reserves--and to an additional 30 days of leave if called to serve in an emergency.

South Dakota

Full-time employees who are members of the National Guard or U.S. reserves are entitled to 15 days of unpaid leave when called for training or active service.

Tennessee

No state provision

Texas

Public employees are entitled to 15 days of paid leave annually for training or duty in the state militia or armed forces reserves.

Utah

State employees are entitled to 15 days of paid leave annually for training or instruction in the National Guard or U.S. reserves.

Vermont

Full-time employees are entitled to 15 days of unpaid leave annually for training or duty in the state militia or U.S. reserves.

Virginia

Public employees who are members of the U.S. reserves, National Guard or state navy militia are entitled to 15 days of paid leave annually for military duty.

Washington

No state provision

West Virginia

Full-time public employees who are members of the National Guard or U.S. reserves are entitled to 30 days of paid leave when called for training or active service. Employees who are called to active duty by the president are entitled to an additional 30 days of leave.

Wisconsin

No state provision

Wyoming

Public employees who are members of the U.S. reserves or National Guard are entitled to 15 days of unpaid leave annually for military duty or training.