Military leave: Overview, definition, and example
What is military leave?
Military leave refers to the time off provided to employees who serve in the armed forces, allowing them to fulfill military obligations such as training, deployment, or active duty. Many laws, such as the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the United States, protect employees’ rights to take military leave without losing their job or benefits.
For example, an employee who is a reservist in the National Guard may need to take two weeks off annually for training. Military leave ensures they can do so without fear of losing their employment.
Why is military leave important?
Military leave is important because it supports employees who serve their country while protecting their employment rights. It ensures that businesses comply with legal obligations and foster a workplace culture that values public service.
For employers, understanding military leave laws helps avoid legal disputes and ensures that affected employees are treated fairly. For employees, military leave provides peace of mind, allowing them to fulfill their service obligations without jeopardizing their civilian careers.
Understanding military leave through an example
Imagine an employee works for a logistics company and is also a member of the Army Reserve. They receive orders for a six-month deployment. Under USERRA, the employer must grant them military leave, maintain their benefits during their service, and allow them to return to their job (or a similar one) upon completing their military duty.
In another example, a National Guard member employed at a small business must attend a two-week annual training. The employee notifies their employer in advance and takes military leave. Upon returning, they resume their position without any negative impact on their seniority or benefits, as required by law.
An example of a military leave clause
Here’s how a military leave clause might appear in an employment policy:
“Employees who are members of the uniformed services are entitled to military leave in accordance with applicable laws. During military leave, employees may be eligible for continued benefits and reemployment rights as outlined under the Uniformed Services Employment and Reemployment Rights Act (USERRA) or other governing regulations.”
Conclusion
Military leave ensures that employees serving in the armed forces can fulfill their obligations without losing their civilian job or benefits. It demonstrates an employer’s commitment to supporting service members while maintaining compliance with legal requirements.
By including a clear military leave policy, businesses can create a supportive work environment, uphold employee rights, and avoid legal complications related to military service.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.