Military Leave Laws by State
Military Leave Laws by State

Military Leave Laws by State

How Military Leave Laws Affect Employers

The U.S. military Reserve and National Guard are more than 1 million members strong. With so many Americans volunteering for Reserve forces, many employers are asking themselves: “What do I do when one of my employees is called up for training or active duty?”

While the Uniformed Services Employment and Reemployment Rights Act (USERRA) is the federal law created to protect military leave, many states have built on top of this foundation to establish additional regulations that impact employers. Here’s breakdown of state and federal-level military leave laws business and HR leaders need to know.

Federal Military Leave Laws

At its core, USERRA requires employers to guarantee unpaid leave for five years (additional time may be required if the employee’s service falls under an exception), along with continued access to health benefits (up to two years) to all employees on voluntary or involuntary federal active duty, as well as unpaid time off for training and funeral honors duty.

Employee Responsibilities

To qualify for USERRA and be reinstated to the workplace, employees must meet these requirements:

  • The worker was employed for your organization when they volunteered or were called up for active duty
  • The worker provided reasonable notice that they would be going on military leave
  • The worker was on military leave for five years or less
  • The worker was honorably discharged from the military
  • The worker applied for reinstatement in a timely manner

When they return, employees are protected by the “escalator principle”—their pay, benefits, vacation time and seniority continue to accrue as it would if they had not been absent. *That means employers may be required to offer returning employees seniority-based promotions. *Returning employees are protected for one year and cannot be fired without good cause.

Download and print this poster for a deeper dive into employee responsibilities.

Employers should also be aware of the Family and Medical Leave Act (FMLA), which guarantees 26 weeks of leave for employees or caregivers of those on or injured during active duty.

State Military Leave Laws

When the State National Guard is called up by the president, USERRA applies. But when a governor calls up members of the State National Guard—like in the case of a natural disaster or civil unrest, or to fulfil training requirements (typically one weekend per month and two weeks per year)—employers must consult state-level laws.

States typically allow unpaid leave with full reinstatement rights, while paid leave is often guaranteed for state employees.

Here’s a breakdown of military leave laws by state:

State  Military Leave Laws: 
Alabama  USERRA rights apply for state active duty of more than 30 days. 
Alaska  Unpaid leave for state active duty with reinstatement according to the escalator principle. 
Arizona  Unpaid leave for state active duty or drills with reinstatement according to the escalator principle. 
Arkansas  USERRA rights apply for state active duty. 
California  Unpaid leave for state active duty with reinstatement for all full-time employees and part time employees when there is an open position. 17 days annual unpaid leave for training.

10 days unpaid leave for emergency civil air patrol operational missions (companies with 16+ employees).  
Colorado  CUnpaid leave for state active duty, with benefits continuing to accrue. 15 days annual unpaid leave for training. 
Connecticut  USERRA rights apply for state active duty except for life insurance benefits. Employees cannot be forced to use vacation days for training. 
Delaware  USERRA rights apply for state active duty. 
Florida  Unpaid leave for state active duty, with no loss of benefits.

15 days unpaid leave for civil air patrol (Companies with 15+ employees).  
Georgia  Unpaid leave for state active duty and 6 months leave per 4 years for service school or training, with no loss of benefits upon reinstatement. 
Hawaii  Unpaid leave for National Guard service.  
Idaho  USERRA rights apply for state active duty. 15 days annual unpaid leave for training. 
Illinois  ISERRA provides an expansion of the protections of USERRA. It expands the definition of military to include serving in a federally recognized auxiliary of the armed services, the Illinois State Guard, and a period of absence to receive medical or dental treatment for a condition sustained or aggravated by Service. ISERRA requires employees be given Performance Review ratings during their absence equal to the average of the last three years but not less than their last rating and has its own notice and posting requirements.

15 days (companies with 15 to 50 employees) or 30 days (companies with 51+ employees) unpaid leave for civil air patrol. 
Indiana  USERRA rights apply for state active duty. 15 days annual unpaid leave for training, with no loss of benefits. 
Iowa  Unpaid leave for state active duty, with vacation, sick leave, benefits and bonuses unaffected. 
Kansas  Unpaid leave for state active duty. 5 to 10 days unpaid leave for Kansas National Guard training. 
Kentucky  Unpaid leave for state active duty or training, with no loss of benefits.  
Louisiana  Unpaid leave for state active duty, with no loss of benefits. 
Maine  Unpaid leave for state active duty. Employer pays health, dental and life insurance for employee for first 30 days and must offer the employee the opportunity to continue to pay premiums at the same rate as the employer after 30 days. 
Maryland  USERRA rights apply for state active duty.

15 days unpaid leave for emergency civil air patrol missions (companies with 15+ employees).  
Massachusetts  USERRA rights apply for state active duty. 
Michigan  Unpaid leave for state active duty. 
Minnesota  Employees cannot be fired for state military service and employers cannot interfere with military service.  
Mississippi  Unpaid leave for training or active duty. 
Missouri  USERRA rights apply for state active duty. 
Montana  Unpaid leave for state active duty, with no loss of benefits.  
Nebraska  USERRA rights apply for state active duty. 
Nevada  Employees may not be fired for participating in state active duty, training, maneuvers or ceremonies. 
New Hampshire  USERRA rights apply for state active duty. 
New Jersey  Unpaid leave for state active duty. Three months of unpaid leave per four years for training or attending Armed Forces service schools. 
New Mexico  Unpaid leave for state service.  
New York  Unpaid leave for state active duty, drills, training or service school.  
North Carolina  Unpaid leave for state active duty.  
North Dakota  Unpaid leave for involuntary state active duty. 20-day limit for voluntary service.  
Ohio  USERRA rights apply for state active duty or training. 
Oklahoma  USERRA rights apply for state active duty. It is a misdemeanor to prevent state guard members from attending drills, exercises and ceremonies. 
Oregon  Unpaid leave for state active duty with no loss of benefits, sick leave or vacation days. 
Pennsylvania  Unpaid leave for active state service. Employees’ health insurance continues for 30 days. 
Rhode Island  USERRA applies for state active service. Unpaid leave for training.  
South Carolina  Unpaid leave for state active duty. 
South Dakota  USERRA rights apply for state active duty. 
Tennessee  An employee may not be fired for attending Tennessee National Guard drills or training. 
Texas  USERRA rights apply to state active duty. Unpaid leave for state training, with no loss of benefits. 
Utah  Five years’ unpaid leave for state active duty. 
Vermont  Unpaid leave for state active duty. 15 days annual unpaid leave for training. 
Virginia  Five years’ unpaid leave for state active duty.  
Washington  Unpaid leave for state active duty or training. 
West Virginia  USERRA rights apply for state active duty.
Wisconsin  Unpaid leave for state active duty, with pay, seniority and status accruing as if they were continuously employed.

15 days unpaid leave for emergency civil air patrol service operations (companies with 11+ employees).  
Wyoming  Five years’ (with additional time for exceptions unpaid leave for state active duty or training. Seniority and benefits continue to accrue as if the employee was continuously employed. 



Take Paycor’s Free HR Compliance Audit

Are you at risk for penalties? Discover if your HR process is as complaint as you think. Paycor’s free HR Compliance Audit helps determine the effectiveness of your organization’s HR function. This easy assessment is a systematic, objective tool that evaluates your regulatory and policy compliance. Even better, the audit only takes about 2 minutes to complete! What are you waiting for?

Take HR Compliance Audit

More to Discover

Webinar: National Payroll Week Webinar Series: COVID's Impact on Multi State Taxation

Webinar: National Payroll Week Webinar Series: COVID's Impact on Multi State Taxation

During National Payroll Week, Paycor hosted three webinars to help business leaders prepare for compliance changes and new trends in 2021.The COVID pandemic has forced many employees to shift from the office to remote work environments. As many organizations juggle the new challenges, business leaders must also evaluate their expanded footprint and how taxes are impacted. In this webinar, Paycor’s resident tax expert, James Schwantes will highlight tax considerations employers need to know.Speaker: Jim Schwantes

Webinar: National Payroll Week Webinar Series: How to Prevent a Payroll Lawsuit

Webinar: National Payroll Week Webinar Series: How to Prevent a Payroll Lawsuit

During National Payroll Week, Paycor hosted three webinars to help business leaders prepare for compliance changes and new trends in 2021. In this webinar, we'll breakdown everything HR leaders need to know to avoid costly errors and payroll lawsuits.Speaker: Becky Stauffer Becky started her own consulting company Work4Accord, LLC where she serves National and Regional clients. Becky is a “Professional Encourager of Others”. She is active in communities that support professional growth including the SHRM, Society for Human Resource Management and the NSA, National Speakers Association. Becky holds a SPHR, Senior Professional in Human Resources, SHRM-SCP Senior Certified Professional and a Master’s in Public Administration from the...

Webinar: Getting it All Done: 6 Compliance Issues your HR Department Must Embrace - 10/27 @2pm ET

Webinar: Getting it All Done: 6 Compliance Issues your HR Department Must Embrace - 10/27 @2pm ET

For HR departments to avoid costly errors and fines, there are 6 areas of compliance they need to consistently follow. During this webinar, we’ll breakdown each area and provide actionable steps to take to gain visibility as a strategic HR leader at your organization. Don’t miss this session! Register now. Speaker: Lori Kleiman Lori Kleiman is a business expert with more than 25 years of experience advising companies on HR issues. Her background as a human resources professional and consultant gives her unique insight on how HR professionals and executives can work together effectively to achieve business goals. Her programs are designed to provide critical HR updates and best practices to small businesses. In addition, she is has served...

Webinar: National Payroll Week Webinar Series: Payroll Compliance Updates & What's Ahead in 2021

Webinar: National Payroll Week Webinar Series: Payroll Compliance Updates & What's Ahead in 2021

From new salary thresholds and social security wage increases to COVID tax relief, businesses leaders have faced quite a few payroll and tax changes in 2020. As we prepare to turn the page to a new year, what new updates are on the horizon? Join Paycor’s resident payroll expert, Arlene Baker to learn about the latest updates and what you should watch out for in 2021.Speaker: Arlene Baker Arlene Baker is a Sr Compliance Analyst with over 40 years of payroll and tax experience. Arlene is a member of the National Payroll Reporting Consortium focusing on IRS compliance. Arlene has been a member of the national and local APA for 25 years and is an active member of the American Payroll Association Hotline and SPLTF Hospitality Industry...