Military service can create a complex situation when it comes to employment and compensation. Service members often wonder, is military leave paid? Let’s explore how military leave from work is handled under various laws. We will also talk about how employers treat pay during active duty or inactive duty training. Similarly, we will also discuss what service members should understand about their rights.
Understanding Federal Military Leave Laws
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is the primary law governing federal military leave laws. USERRA ensures that eligible employees who perform military duties, whether voluntary or involuntary service, retain their civilian jobs.
It protects the rights of those in the armed forces, reserve and national guard, marine corps, air force, etc.
However, USERRA does not mandate that military leave must be paid. Therefore, the answer to “is military leave paid” depends largely on employer policies. It also varies on the state laws, and specific situations such as national emergencies.
It is important to note that USERRA covers both full time employees and part time employees, ensuring a wide scope of protection. Additionally, USERRA emphasizes that returning employees must be reinstated with the same seniority, status, and pay, including any benefits they would have obtained had they not been absent for military service.
How Employers Handle Pay During Military Leave
Some employers offer paid leave voluntarily, while others allow the use of annual leave, personal leave, or sick leave for time spent on military training or active military duty.
In many cases, employees performing military duties receive military pay from the government, which can differ from their civilian pay.
Additionally, policies regarding premium pay may vary. Some employers allow employees to “top up” the difference between military pay and civilian pay so that employees do not suffer financially while they perform military actions.
When an employee must request military leave to perform authorized training performed, duty training, active service, or participate in funeral honors duty, employers must comply with applicable laws but are not obligated to maintain full civilian service pay unless company policies or contracts specify otherwise.
Special Considerations for State-Specific Military Leave Laws
Several states have separate military leave laws that offer additional protections. For example, national guard members called to service under a national emergency declared by the governor or president may be eligible for compensation or job reinstatement rights beyond federal law.
Some states mandate a certain number of days of military leave as paid leave, often around 15 to 30 days per fiscal year. Others require employers to grant military family leave for the families of deployed service members.
States also extend protection to employees involved in the Civil Air Patrol and certain civilian authorities roles tied to military operations support. These additional laws can vary significantly, so employees should always review local statutes.
Types of Military Duty and Their Impact on Leave
The following are the main types of military duty and how they impact a service member’s leave options:
Active Duty and Active Duty Training
Service members engaged in active duty or active duty training may face different compensation structures. Under USERRA, employees on active service have reemployment rights if they provide advance notice and meet other conditions.
Advance notice requirements can be waived if giving notice is impossible or unreasonable under the circumstances, such as during sudden deployment for a contingency operation.
Inactive Duty Training
For inactive duty training, such as drills or additional training with the Army Reserve or reserve component, employees typically use unpaid leave or accumulated paid leave. Participation in additional training periods may depend on employer policies regarding paid leave and premium work hours.
Extended Training and Equivalent Training
Employees participating in equivalent training or additional training periods must still be afforded the same protections as those engaged in longer military activations. Employers cannot deny leave or benefits based on the nature of the training unless otherwise specified by statute.
Leave for Special Circumstances
Under the Family and Medical Leave Act (FMLA) and military family leave provisions, family members of deployed service members may also qualify for leave. However, FMLA does not automatically provide paid leave unless the employer already offers paid family leave.
Eligible family members can take FMLA leave to address issues related to a covered military member’s active duty orders or to care for a service member injured in the line of duty.
National Guard Technicians
National Guard technicians hold a unique status. They perform civilian roles but are considered military employees. Their leave policies vary based on whether they are engaging in full-time military service or civilian job duties under civil authorities.
Technicians are usually entitled to different leave rules based on whether they are federally recognized under Title 32 or Title 10 orders.
Special Operations and Extended Leave
During a contingency operation or involvement with an opposing military force, service members may face an extended period of service. Unlimited military leave is not guaranteed, but employees are generally entitled to leave without penalty, maintaining reasonable certainty of reemployment.
Challenges Faced by Service Members
Despite federal protections, service members still face challenges. Employers may misunderstand obligations under USERRA or state law, leading to disputes over reinstatement, seniority, or pay. Employees who experience discrimination due to military obligations may have grounds for legal action under uniformed services employment laws.
Voluntary Vs. Involuntary Services
Additionally, confusion over the classification of voluntary or involuntary service, active or inactive duty, or full-time military service can impact eligibility for certain benefits.
In some cases, temporary or part-time career employees and temporary employees find it harder to assert their reemployment rights, depending on how their jobs are classified.
Important Codes and References To Remember:
Key legal references include:
- Title 38, United States Code, Chapter 43 (USERRA)
- Department of Defense Instruction Number 1205.12 (regarding employment and reemployment rights)
- Small Business Administration guidelines for small employer compliance
- Medical Leave Act provisions under FMLA
These documents define the protections for members of the national military forces, including the right to return to a civilian job after completing service.
Final Thoughts
Answering the question- “is military leave paid what service members need to know” depends on multiple factors. While federal laws like USERRA protect military personnel from job loss, they do not guarantee paid leave.
Some states, employers, and specific roles offer paid leave options, particularly when military actions or national emergencies occur. Understanding these rules ensures that service members and employers manage military leave effectively and within legal guidelines.
Get Military Leave Paid With BLG
If you have questions about your rights or need assistance navigating military leave policies, contact Bourassa Law Group today. Our experienced attorneys are ready to help service members and employers understand their responsibilities and protections.
Reach out for a consultation and let us help you protect your rights during and after military service.
1-800-870-8910