Military Leave Policy Template

Employees who serve in the military — whether on active duty, in the reserves, or in the National Guard — provide an invaluable service to their country. As an employer, it’s not only a legal requirement but also a moral obligation to support these individuals by providing clear and consistent military leave policies.

A military leave policy ensures compliance with laws such as the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the U.S., while also reinforcing a culture of respect and support for service members. Whether employees are called to short-term training or long-term deployment, this policy helps minimize confusion and protect their job security and benefits.

What a Military Leave Policy Should Include

A compliant and supportive military leave policy should address the following:

• Policy purpose and scope: Who the policy applies to and what types of service qualify
• Eligibility requirements: Clarify who can take military leave and under what circumstances
• Types of military duty covered: Include training, active duty, drills, and emergency service
• Notice requirements: How much notice employees must give before taking leave
• Pay during leave: Clarify whether military leave is paid, unpaid, or supplemented by the employer
• Benefit continuation: Explain what happens to health benefits, retirement contributions, and paid time off accrual during leave
• Reemployment rights: Detail the employee’s rights to reinstatement after military service
• Anti-discrimination protections: Include statements about protecting service members from retaliation or bias
• Coordination with other leave types: Specify how military leave interacts with PTO, vacation, or other company policies
• Contact for support: List who employees can reach out to with questions or to initiate military leave

Purpose of the Policy

This policy is designed to:

• Protect the employment rights of employees who serve in the military
• Ensure compliance with applicable federal, state, and local laws
• Provide clear procedures for requesting, managing, and returning from military leave
• Demonstrate our support for service members and their families
• Promote fairness and consistency across all departments

Military Leave Policy Template

{{rich-highlight-1}}

1. Policy Overview

We recognize and support employees who serve in the military, including the United States Armed Forces, Reserves, and National Guard. This policy outlines the rights and responsibilities of employees who need to take leave to fulfill military service obligations.

Our goal is to support employees during their service, ensure compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), and provide a seamless process for requesting and returning from military leave.

2. Eligibility

This policy applies to all full-time and part-time employees, regardless of tenure, who are absent from work due to service in the uniformed services. Covered services include:

• Active duty
• Active duty for training
• Inactive duty training (e.g., weekend drills)
• National Guard duty
• Reserve duty
• Fitness-for-duty examinations
• Service in the Commissioned Corps of the Public Health Service
• State military duty (if required by applicable law)

3. Notice and Documentation

Employees should provide advance written or verbal notice of military leave to their manager and HR as soon as possible, unless military necessity prevents timely notice. When available, employees must provide a copy of their military orders or other official documentation.

In emergencies or situations involving short-notice deployment, the employee may provide notice retroactively or through a family member or designated contact.

4. Duration of Leave

Under USERRA, employees are generally entitled to military leave for up to five cumulative years of service with the same employer. Exceptions may apply for training, involuntary service extensions, or other qualified duties.

Employees may take military leave intermittently, such as for monthly reserve drills or annual training.

5. Pay During Military Leave

Military leave is generally unpaid, unless required otherwise by state or local law.

However, employees may:

• Elect to use accrued paid time off (PTO), vacation, or sick leave during their military leave, but are not required to do so
• Be eligible for differential pay, if the company offers it, to cover the gap between military compensation and regular base salary during certain types of service (e.g., active duty longer than 30 days)

[Insert any company-specific details about supplemental pay or stipends.]

6. Continuation of Benefits

During military leave:

• Health insurance coverage will continue for up to 24 months, provided the employee elects to continue coverage and pays any required premiums
• Retirement plan participation will be preserved under USERRA, and employees will not lose employer matching or vesting due to leave
• PTO and sick leave do not accrue during unpaid military leave unless required by law or internal policy

Employees returning from leave will not be required to re-qualify for benefits they had before the leave began.

{{rich-highlight-3}}

7. Reemployment Rights

Employees who meet USERRA’s eligibility criteria are entitled to reinstatement to the same or a comparable position upon return from military leave, provided:

• They gave advance notice (unless excused)
• Their cumulative military service does not exceed five years (with exceptions)
• They return to work or apply for reemployment within required timeframes:

Reasonable accommodations will be made for service-connected disabilities in accordance with the Americans with Disabilities Act (ADA).

8. Non-Discrimination and Retaliation

We strictly prohibit discrimination or retaliation based on an employee’s military status, membership in the uniformed services, or intent to take military leave. Employees who believe they have experienced unfair treatment are encouraged to report concerns to HR.

9. Coordination with Other Leave Policies

Military leave will run concurrently with other applicable leave types when permitted by law. However, employees may elect to use PTO separately from unpaid military leave, unless otherwise required.

Returning employees may not be penalized for time spent on military duty in terms of seniority, promotions, pay increases, or benefits.

10. How to Request Military Leave

To request military leave, employees should:

1. Notify their manager and HR as early as possible
2. Submit a copy of military orders or other official documentation
3. Indicate whether they plan to use PTO or take unpaid leave
4. Provide anticipated dates of departure and return, if known

Questions or documentation should be sent to:

[Insert HR contact name]
[Insert email address]
[Insert phone number]

HR will confirm receipt, share any benefits continuation forms, and support the employee throughout the process.

Frequently Asked Questions

1. Do I have to use my PTO while on military leave?
No. You can choose whether to use accrued paid time off or take unpaid leave. You are never required to use PTO for military leave under USERRA.

2. Will I lose my job if I’m gone for a long deployment?
No. You have the right to reinstatement under USERRA as long as your cumulative service is within the allowed limits and you return to work within the required timeframe.

3. Can I keep my health insurance while I’m away?
Yes. You can elect to continue your health insurance for up to 24 months. If you decline continuation, coverage will be reinstated upon return with no waiting periods.

4. What if my return to work is delayed due to injury or illness from service?
If you’re injured or ill as a result of your service, the return-to-work deadline may be extended. We will also make reasonable accommodations to support your return.

5. Do I continue to earn seniority or benefits while I’m gone?
Yes. Your time on military leave counts toward seniority and eligibility for benefits like retirement vesting and promotion timelines.

6. What happens if I’m in the Reserves and get called up multiple times a year?
You’re entitled to leave each time, and your reemployment rights remain protected. Be sure to communicate with HR for each instance of leave.

{{rich-highlight-2}}