Military Leave
A Military Leave policy explains how your organization provides job-protected time off for employees who serve in the uniformed services, including notice and documentation expectations, continuation of benefits, reemployment and reinstatement rights, and non-discrimination protections under USERRA and any applicable state-specific rules.
How to Write a Military Leave Policy
- Start with "why" and introduce the concept.
- State who is eligible and what types of military service or training the leave covers.
- Explain whether the leave is paid or unpaid and how accrued paid time off can be used.
- Describe the notice and request process for taking military leave.
- Summarize job protection and reemployment rights, including return-to-work expectations and reinstatement to the appropriate position.
- Address continuation of benefits during leave, including health coverage options.
- Explain support upon return, including training or accommodations and how service-related disabilities are handled.
- Note key limits or exceptions to reemployment rights based on business circumstances.
- Include documentation rules you may apply to confirm service or eligibility for special military-related leave.
- State a clear non-discrimination and anti-retaliation commitment related to military service and leave.
For advice on writing a Military Leave policy in a specific jurisdiction, see below.
How to Write a Military Leave Policy for a Specific Jurisdiction
US Federal Military Leave Policy
🇺🇸Create a Military Leave policy that’s compliant with US Federal lawReminder
The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.
