Table of Contents

Who is entitled to military leave?

How does an employee apply for military leave?

Is military leave paid or unpaid?

What job rights do employees have while on military leave?

Military Leave

Military leave is federally protected time off that ensures civilian employees serving in the armed forces can fulfill their duties without jeopardizing their employment or seniority.

Who is entitled to military leave?

Employees who are also members of the armed forces can apply for military leave. The federally protected leave covers active duty, training, and reserve duties. The cumulative length of military leave with a single employer currently is limited to five years, although certain types of military service are excluded from this limit

How does an employee apply for military leave?

Employees should provide advance written or verbal notice of their military service. The notice should include the expected duration of service and the approximate return date. In situations where advance notice isn't possible, employees should notify their employer as soon as they can.

Is military leave paid or unpaid?

Military leave is often unpaid by default under federal law, but some businesses offer paid military leave as a benefit. Employees may also choose to use accrued paid time offor vacation days to receive compensation during their military service. Some states have laws requiring paid military leave for specific duties, such as training.

What job rights do employees have while on military leave?

Employees on military leave retain their right to return to their civilian job or a comparable position with equivalent pay, benefit accrual, and status. They continue to build seniority and stay eligible for ongoing health insurance coverage. Employers can’t fire, demote, or deny benefits to service members because of their military duties.

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.

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