What is a military holiday?

The military leave policy  provides a leave of absence from work for employees who participate in specific active or inactive duties within the United States military, including the National Guard and Reserves of the Armed Forces. Military leave may be required for a variety of scenarios, such as attending weekends or annual National Guard or Reserve training or being called to active duty.

Employees who leave their civilian jobs for voluntary or involuntary military service have a legal right to be reinstated to their former positions upon return from duty. This reinstatement ensures that they are placed in a comparable position with the same pay and benefits.

To qualify for military leave, the employee must provide written or verbal notice of his upcoming military service or training in advance. Additionally, if the employee has received anything other than an honorable discharge, he cannot claim military leave. The length of leave can vary, from a few days to weeks or even a year – as long as it does not exceed five years in total (although  some exceptions apply  ).

Do you have to pay for military leave?

Military leave is unpaid. Federal military leave policy does not require employers to pay employees while they are on military leave. However, employers are  required to reserve a position for the employee and reinstate pay, benefits and applicable seniority upon the employee's return from military leave. 

For example, if an employee goes on military leave for a year, he must be reinstated upon his return and also be given the same salary increments as are given to his colleagues at the same seniority level.

While military leave is unpaid, according to military leave policy, if an employee works in civilian employment for any part of the week, he or she is entitled to receive pay for the entire week. For example, if an employee works two days a week and is then called to active duty, the employee will be compensated for the remaining days of that week.

Military leave laws

HR teams  must understand and comply with military leave laws  . These laws protect the rights of employees who serve in the military, ensuring they receive the leave they need and are restored to their positions when they return. Complying with these laws shows a commitment to supporting members of the armed forces and helps promote a respectful and inclusive workplace environment.

Military Leave of Absence Laws

The Uniformed  Services Employment and Reemployment Rights Act (USERRA)  gives military service members the right to leave for military service and return to their previous job. USERRA was passed to eliminate barriers to military service and to reduce the difficulties service members face after returning from military leave.

This law ensures that those who serve their country can obtain employment without discrimination for their service – including the right to return to civilian employment, earned seniority, and benefits.

Returning to Work After Military Leave

When service members return from their approved military leave, they  are eligible to return to their previous civilian job if they wish  . When service members return to their previous job, their employers must welcome them home without discrimination or retaliation based on their military leave. Military leave policy dictates that returning service members should receive benefits immediately upon reinstatement, including retirement, paid leave, and health insurance.

The time they are absent must also count toward any promotions, pay raises, or benefit increases, as if they had never left the job. If an employee is eligible for a position change, the employer may offer training to help the returning employee prepare for the new role.

Military members returning to civilian employment must do the following, depending on the length of their military leave: .

Duration of military leave	How to return to civilian employment
Less than 31 days	Start work on the first working day after release
Between 31 to 180 days	Apply for reinstatement within 14 days of completion of service
More than 180 days	Apply for reinstatement within 90 days of completion of service

4 Best Practices for Managing Military Leave

Here are some ways your company can best prepare for and manage military leave for its employees:

1. Plan ahead:  If an employee may need military leave, talk to them about their responsibilities.  Work together to ensure a smooth transition  so you aren't caught off guard by a sudden mobilization or deployment. This way, you'll have a backup plan ready to keep work running smoothly.
2. Know your responsibilities:  It's important to understand your role as an HR leader during military leave. Become familiar with the laws and regulations of military leave so you can confidently guide both the employee and the team.
3. Stay connected:  While employees are on military leave, keep them updated on business-related matters. This can help them feel connected and appreciated during their service. Focus on general company news rather than updates on new responsibilities or roles.
4. Prioritize reintegration:  When an employee's military leave is over, it's important to have a plan in place for their reintegration. Reach out to them to discuss their return to the team, what to expect, what support they may need, and what training or retraining will be necessary. This can ensure a smooth transition back to work.

By following these best practices, you are demonstrating your commitment to employees in need of military leave and creating a workplace that values ​​and respects all employees.