Everything You Need to Know About Military Leave

The call to active duty can come at any time, so it’s important to be prepared for employees serving in the Reserves or National Guard. That uncertainty can feel challenging for both the employee and the employer, but it doesn’t have to be as disruptive as it may seem.

Clear communication, thoughtful planning, and an understanding of the rights and resources available can help employers support their team members while keeping business operations on track. In this blog, we’ll explore how to manage military leave to keep business going while supporting service members.

How to plan for potential deployment or activation

Preparing for the possibility of a deployment helps employers manage uncertainty with confidence while ensuring service members feel supported. A proactive approach keeps the business running smoothly and strengthens trust across the team.

Cross-train employees

One of the most effective ways to prepare for deployment is to cross-train team members. Identify the essential tasks a service member handles and make sure others are equipped to step in if needed. Documenting key processes and distributing knowledge across the team helps reduce disruptions and maintain productivity.

Communicate openly and consistently

Encourage open conversations with employees who serve in the Reserves or National Guard. Ask them to share training schedules or potential deployment updates, and in return, be transparent about how the company will support them. Clear employee communication reduces uncertainty, builds trust, and reassures employees that their service is respected and valued.

Build flexibility into staffing plans

Unexpected changes are part of military service, so flexibility is key. Employers can create contingency staffing plans that allow for temporary adjustments without overburdening the rest of the team. Whether that means bringing in temporary help, adjusting workloads, or reprioritizing projects, a flexible approach shows employees that the organization is ready to adapt and support them.

Having conversations with military members

When talking with employees who are members of the military and may potentially be deployed, always lead with empathy and respect. Deployment can be stressful and can affect the employee’s mental health, even with a supportive work community.

To best support employees who are serving our country, start by having a conversation about your company’s absence management policy. The more up-front and transparent you are, the better you can manage expectations. Policy-wise, military deployment is not too different from other types of leave.

Talk about what the process will look like if the employee is deployed. Practice going through workflows to be able to hand off projects to other team members. If possible, also discuss a reintegration plan. When the employee returns from leave, have a plan in place to help them adjust and re-engage with the projects their team is working on.

Resources and rights

Employees, HR teams, and managers can benefit from understanding their rights and knowing what resources are available to support them.

For employees in the military

Juggling a job and a deployment? The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects your job. Here’s a brief list of rights and resources so you are treated fairly, no matter how long you’re gone.

• Your civilian job is legally protected while you serve. This means your employer must allow you to return to your job (or a comparable one) when you come back from duty.
• When you return, you should be reinstated with the same seniority, pay, and benefits you would have earned if you had not been away.
• If you’ve been gone for 31 days or less, you must be reinstated to work within one business day.
• You cannot be penalized or discriminated against in hiring, promotions, or employment benefits because of your military service.
• Employees may be entitled to time off at full pay for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces.
• To make sure you have continuous healthcare for you and for your family, you can consult Military OneSource for pre-deployment insurance questions.
• Some other resources that may be useful include:
  • Veterans’ Employment and Training Service (VETS), which offers assistance with complaints or issues related to reemployment.
  • Employer Support of the Guard and Reserve (ESGR), which provides free services to help resolve conflicts between service members and employers and offers education for both parties.
  • U.S. Department of Labor (DOL), which enforces USERRA and provides guidance on your rights.

For HR managers and employers

When an employee is called to active duty, employers and HR managers may have questions about how to balance compliance with business needs. While service members are protected under USERRA, employers also have rights and access to resources that can help them navigate deployments smoothly. Here are some things employers should know:

• Employers are not required to keep a position open indefinitely if the employee does not return within the USERRA-defined timelines.
• Employers have the right to request documentation of military service for deployments. This helps HR managers plan with confidence while ensuring compliance.
• There is a five-year cumulative service limit on the amount of voluntary military leave an employee can use and still retain reemployment rights.
• Employees must provide their employer with advance notice either orally or in writing. Failure to provide notice could result in a denial of the protection of USERRA.
• Resources that may be useful:
  • Employer Support of the Guard and Reserve (ESGR) provides free education and consultation for employers, including sample policies, FAQs, and a helpline to answer specific questions. ESGR also mediates disputes.
  • Managers who go above and beyond in supporting military employees can be nominated for ESGR’s recognition programs, such as the Patriot Award.
  • The US Department of Labor’s Veterans’ Employment and Training Service provides training materials, technical assistance, and formal guidance documents that HR teams can rely on.