Military leave is a provision that permits individuals serving in the U.S. armed forces to temporarily pause their employment without forfeiting their entitlements. Typically, this provision is incorporated within employment policies or agreements between employees and their employers.
Military leave is a policy that enables individuals serving in the U.S. armed forces to take an extended absence from their employment without forfeiting their benefits. Typically included in employment policies or collective-bargaining agreements, this policy ensures job security and benefits retention for service members. For instance, John, a National Guard member, is summoned for active duty for six months. Thanks to his employer’s military leave policy, he can take the time off without jeopardizing his job or benefits. Similarly, Sarah, a reservist, is called to serve overseas for a year. Her employer’s military leave policy allows her to take the time off and resume her position upon her return. These examples exemplify the functionality of military leave, as it grants employees the opportunity to serve their country without sacrificing their civilian careers.
Yes, under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees are entitled to take military leave from their civilian jobs.
Under USERRA, employees are entitled to up to five years of cumulative military leave during their employment.
Yes, employees are required to provide advance notice to their employer, unless military necessity prevents them from doing so.
No, employers are generally not allowed to deny an employee’s request for military leave under USERRA.
No, employers are not required to provide paid military leave. However, some employers may offer supplemental pay or benefits during military leave.
No, employers are prohibited from terminating an employee’s employment solely because they are on military leave.
Yes, employees are generally entitled to the same benefits and seniority they would have received if they had been continuously employed during their military leave.
No, employers cannot require employees to use their vacation or sick leave for military duty. However, employees may choose to use their accrued leave if they wish.
Yes, employers are allowed to request proof of military service, such as military orders or other documentation, before granting military leave.
Yes, employees on military leave are entitled to the same opportunities for promotion and raises as if they were not on leave. Employers cannot discriminate against employees based on their military service.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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