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Your Rights State Laws on Military Leave

Outten & Golden LLP

This chart provides a state by state listing summarizing each state's code or statute regarding military leave and a brief description of the code or statute. All states are included in the chart.

Note: This chart covers only laws that apply to private employers. Some states have laws that apply only to public employers, or have different rules for public and private employers. If you are a public (governmental) employee, consult a local attorney or your union to learn more about the rules and laws that apply to you.

Select your state from the map below or from this list.

united states map Washington Oregon Idaho Montana North Dakota Nevada Utah Arizona California New Mexico Colorado Wyoming South Dakota Nebraska Kansas Texas Oklahoma Louisiana Mississippi Arkansas Alabama Tennessee Missouri Iowa Minnesota Wisconsin Michigan Illinois Indiana Florida Georgia South Carolina North Carolina Virginia Kentucky Ohio West Virginia Pennsylvania New York Vermont Massachusetts Rhode Island Connecticut New Jersey Delaware Maryland Maine New Hampshire District of Columbia Alaska Hawaii
 

Alabama

Alabama Stat. 31-12-1 and following

State national guard and militia members called to active duty for at least 30 consecutive days or for federally funded duty for homeland security have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Alaska

Alaska Stat. 26.05.075

Employees called to active service in the state militia are entitled to unlimited unpaid leave and reinstatement to their former or a comparable position, with the pay, seniority, and benefits the employee would have had if not absent for service.

Arizona

Ariz. Rev. Stat. 26-167, 26-168

Members of state military forces or national guard members called up by state for training or duty have the same leave and reinstatement rights and benefits guaranteed under USERRA. Employer may not dissuade employees from enlisting in state or national military forces by threatening economic reprisal.

Arkansas

Ark. Code Ann. 12-62-413

Employees called by the Governor to active duty in the Arkansas National Guard or the state militia have the same leave and reinstatement rights and benefits guaranteed under USERRA.

California

Cal. Mil. & Vet. Code 394, 394.5, 395.06

Employees who are called into service in the state military or naval forces have the same leave and reinstate-ment rights and benefits guaranteed under USERRA. Employees in the U.S. armed forces, National Guard, or Naval Militia are entitled to 17 days unpaid leave per year for training or special exercises. Employer may not terminate employee or limit any benefits or seniority because a of temporary disability (up to 52 weeks).

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Colorado

Colo. Rev. Stat. 28-3-609

Permanent employees who are members of Colorado National Guard or U.S. armed forces reserves are entitled to 15 days unpaid leave per year for training and reinstatement to their former or a similar position with the same status, pay, and seniority.

Connecticut

Conn. Gen. Stat. Ann. 27-33a

Employees who are active or reserve members of the state militia or National Guard are entitled to take leave to attend meetings or drills that take place during regular working hours, without loss or reduction of vacation or holiday benefits. Employer may not discriminate in terms of promotion or continued employment.

Delaware

No law.

District of Columbia

No law.

Florida

Fla. Stat. Ann. 250.482, 627.6692(h) to (j)

Employees who are members of the Florida National Guard and are called into active duty by the governor may not be penalized for absence from work. Employees not covered by COBRA whose employment is terminated while on active duty are entitled to a new 18-month benefit period beginning when active duty or job ends, whichever is later.

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Georgia

Ga. Code Ann. 38-2-280

Members of U.S. armed forces or Georgia National Guard called into active federal or state service are entitled to unlimited unpaid leave for active service, and up to 6 months leave in any 4-year period for service school or annual training. Employee is entitled to reinstatement with full benefits unless employer's circumstances have changed to make reinstatement impossible or unreasonable.

Hawaii

Haw. Rev. Stat. 121-43

Employees serving in the state national guard have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Idaho

Idaho Code 46-224, 46-225, 46-407

Members of state national guard ordered to active duty by the Governor may take up to one year of unpaid leave and are entitled to reinstatement to former position. Returning employees may not be fired without cause for one year. Members of national guard and reserves may take up to 15 days leave per year for training; employee must give 90-days' notice of training dates.

Illinois

20 Ill. Comp. Stat. 1805/30.1 to 1805/30.20; 330 Ill. Comp. State. 60/4

Members of Illinois State Guard and members of U.S. uniformed services who are called into state active duty in the Illinois National Guard have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Indiana

Ind. Code Ann. 10-17-4-1 to 10-17-4-5

Members of U.S. armed services reserves may take up to 15 days unpaid (or paid at employer's discretion) leave per year for training. Leave does not affect vacation, sick leave, bonus, or promotion rights. Employee must be reinstated to former or a similar position with no loss of seniority or benefits.

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Iowa

Iowa Code 29A.43

Members of national guard, reserves, or state military called into temporary duty are entitled to reinstatement to former or a similar position. Leave does not affect vacation, sick leave, bonuses, or other benefits. Employee must give employer proof of satisfactory completion of duty and of employee's qualifications to perform the job's duties.

Kansas

Kan. Stat. Ann. 48-517, 48-222

Members of state military forces called into active duty by the state have the same leave and reinstatement rights and benefits guaranteed under USERRA. In addition to unlimited leave for active duty, employees are entitled to 5 to 10 days leave each year to attend state national guard training camp.

Kentucky

Ky. Rev. Stat. Ann. 38.238

Members of Kentucky National Guard are entitled to unlimited unpaid leave for training and reinstatement to former position with no loss of seniority or benefits. Employer may not in any way discriminate against employee or threaten to prevent employee from enlisting in the Kentucky national guard or active militia.

Louisiana

La. Rev. Stat. Ann. 29:38, 29:38.1, 29:410

Employees called into active duty in any branch of the state military forces have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Maine

Me. Rev. Stat. Ann. tit. 37-B, 342(5)

Employer may not discriminate against employee for membership or service in state military forces.

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Maryland

Md. Code Ann. [Public Safety] 13-705

Members of the national guard and militia called to active duty or training by the Governor have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Massachusetts

Mass. Gen. Laws ch. 149, 52A to 52A 1/2

Employees who are members of U.S. armed forces reserves or the state armed forces may take up to 17 days per year for training. Leave does not affect vacation, sick leave, bonus, or promotion rights. Employee who is qualified must be reinstated to former or a similar position. Veterans who want to participate in a Veterans Day or Memorial Day exercise, parade, or service must be given leave.

Michigan

Mich. Comp. Laws 32.271 to 32.274

Members of state or U.S. uniformed services called into active state or federal duty may take unpaid leave; employee may also take unpaid leave to take a physical, enlist, be inducted, or attend training. Returning employee must be reinstated to former position. Employer may not in any way discriminate against employee or threaten to prevent employee from enlisting in the state armed forces.

Minnesota

Minn. Stat. Ann. 192.34

Employer may not discharge employee, interfere with military service, or dissuade employee from enlisting by threatening employee's job. Applies to employees who are members of the U.S., Minnesota, or any other state military or naval forces.

Mississippi

Miss. Code Ann. 33-1-19

Members of U.S. uniformed services and Mississippi armed forces are entitled to unpaid leave for active state duty or state training duty. If still qualified to perform job duties, employee entitled to reinstatement to previous or similar position.

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Missouri

Mo. Rev. Stat. 41.730, 557.021, 558.011, 560.016

Employer may not discharge employee, interfere with employee's military service, or threaten to dissuade employee from enlisting; applies to members of the state organized militia.

Montana

Mont. Code Ann. 10-1-603

Members of the state organized militia called to active service during a statedeclared disaster or emergency are entitled to unpaid leave for duration of service. Leave may not be deducted from sick leave, vacation, or other leave, although employee may voluntarily use that leave. Returning employee is entitled to reinstatement to same or similar position. Employer may not in any way discriminate against employee or dissuade employee from enlisting by threatening employee's job.

Nebraska

Neb. Rev. Stat. 55-161

Employees who are members of the Nebraska National Guard and are called into active state duty have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Nevada

Nev. Rev. Stat. Ann. 412.139, 412.606, 683A.261

Employers may not discriminate against members of the Nevada National Guard and may not discharge any employee who is called into active service.

New Hampshire

N.H. Rev. Stat. Ann. 110-B:65(II), 110-C:1

Members of the national guard or militia called to active duty have the same leave and reinstatement rights and benefits guaranteed under USERRA. Employer may not discriminate against employee because of connection or service with national guard; may not dissuade employee from enlisting by threatening job.

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New Jersey

N.J. Stat. Ann. 38:23C-20

An employee is entitled to take unpaid leave for active service in the U.S. or state military services. Upon return, employee must be reinstated to the same or a similar position, unless employer's circumstances have changed to make reinstatement impossible or unreasonable. Employee may not be fired without cause for one year after returning from service. Employee is also entitled to take up to three months leave for training or assemblies relating to military service.

New Mexico

N.M. Stat. Ann. 28-15-1 to 28-15-3

Members of the state national guard or militia may take unpaid leave for service. Employee who is still qualified must be reinstated in former or similar position with no loss of status or seniority. Employee may not be fired without cause for one year after returning from service. Employer may not discriminate against or discharge employee because of membership in the national guard; may not prevent employee from performing military service.

New York

N.Y. Mil. Law 317

Members of the state military forces called up by governor and members of U.S. uniformed services are entitled to unpaid leave for active service; reserve drills or annual training; service school; initial full-time or active duty training. Returning employee is entitled to reinstatement to previous position, or to one with the same seniority, status, and pay, unless the employer's circumstances have changed and reemployment is impossible or unreasonable.

North Carolina

N.C. Gen. Stat. 127A-201 and following, 127B-14

Members of the North Carolina National Guard called to active duty by the governor are entitled to take unpaid leave. Returning employee must be restored to previous position or one of comparable seniority, status, and salary; if no longer qualified, employee must be placed in another position with appropriate seniority, status, and salary, unless the employer's circumstances now make reinstatement unreasonable. Employer may not deny employment, promotion, or any benefit because employee is a member or enlists or serves in the state national guard; employer may not discharge employee called up for emergency military service.

North Dakota

No law.

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Ohio

Ohio Rev. Code Ann. 5903.01, 5903.02

Employees who are members of the Ohio militia or national guard called for active duty or training; members of the commissioned public health service corps; or any other uniformed service called up in time of war or emergency have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Oklahoma

Okla. Stat. Ann. tit. 44, 71, 208

Employees called to state active duty in the Oklahoma National Guard have the same leave and reinstatement rights and benefits guaranteed under USERRA. Members of the national guard may take leave to attend state national guard training, drills, or ceremony. Employer may not fire employee or hinder or prevent employee from performing military service.

Oregon

Or. Rev. Stat. 399.230

Members of state organized militia called into active duty by the governor may take unpaid leave for term of service. Returning employee is entitled to reinstatement with no loss of seniority or benefits including sick leave, vacation, or service credits under a pension plan.

Pennsylvania

51 Pa. Cons. Stat. Ann. 7302, 7309

Employee who enlists or is drafted during a time of war or emergency called by the president or governor is entitled to unpaid military leave along with reservists called into active duty. Returning employee must be reinstated to same or similar position with same status, seniority, and pay. Employers may not discharge or discriminate against any employee because of membership or service in the military. Employees called to active duty are entitled to 30 days' health insurance continuation benefits at no cost.

Rhode Island

R.I. Gen. Laws 30-11-2 to 30-11-6, 30-21-1

Members of state military forces and National Guard members on state active duty have the same leave and reinstatement rights and benefits guaranteed under USERRA. Employer may not discharge employee because of membership in the military, interfere with employee's military service, or dissuade employee from enlisting by threatening employee's job.

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South Carolina

S.C. Code Ann. 25-1-2310 to 25-1-2340

Members of the South Carolina National Guard and State Guard called to state duty by the governor are entitled to unpaid leave for service. Returning employee must be reinstated to previous position or one with same seniority, status, and salary; if no longer qualified, must be given another position, unless employer's circumstances make reinstatement unreasonable.

South Dakota

S.D. Codified Laws Ann. 33-17-15.1

Members of the South Dakota National Guard ordered to active duty by the governor or president have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Tennessee

Tenn. Code Ann. 58-1-604

Employer may not refuse to hire or terminate an employee because of national guard membership or because employee is absent for a required drill or annual training.

Texas

Tex. Gov't. Code Ann. 431.006

Members of the state military forces called to active duty or training are entitled to unpaid leave. Returning employee is entitled to reinstatement to the same position with no loss of time, efficiency rating, vacation, or benefits unless employer's circumstances have changed so that reemployment is impossible or unreasonable.

Utah

Utah Code Ann. 39-1-36

Members of U.S. armed forces reserves who are called to active duty, active duty for training, inactive duty training, or state active duty may take up to 5 years of unpaid leave. Upon return, employee is entitled to reinstatement to previous employment with same seniority, status, pay, and vacation rights. Employer may not discriminate against an employee based on membership in armed forces reserves.

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Vermont

Vt. Stat. Ann. tit. 21, 491

Permanent employees who are members of an organized unit of the national guard or the ready reserves and are called to active state duty or training with the U.S. military are entitled to unpaid leave. Employee must give 30 days' notice for U.S. training and as much notice as is practical for state duty. If still qualified, returning employee must be reinstated to former position with the same status, pay, and seniority, including any seniority that accrued during the leave of absence. Employer may not discriminate against an employee who is a member or an applicant for membership in the state or federal national guard.

Virginia

Va. Code Ann. 44-93.2 to 44-93.4

Members of the Virginia National Guard, Virginia State Defense Force, or naval militia called to active state duty by the governor are entitled to take unpaid leave and may not be required to use vacation or any other accrued leave (unless employee wishes). Returning employee must be reinstated to previous position or one with same seniority, status, and pay. If position no longer exists, then to a comparable position, unless employer's circumstances would make reemployment unreasonable.

Washington

Wash. Rev. Code Ann. 73.16.032 to 73.16.035

Permanent employees who are Washington residents or employed within the state and who volunteer or are called to serve in the uniformed services have the same leave and reinstatement rights and benefits guaranteed under USERRA.

West Virginia

W.Va. Code 15-1F-8

Employees who are members of the organized militia in active state service have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Wisconsin

Wis. Stat. Ann. 45.50

Permanent employees who enlist, are inducted, or are called to serve in the uniformed services, or civilians requested to perform national defense work during an officially proclaimed emergency, may take up to 4 years leave for military service and/or training unless period of service is extended by law. Returning employee is entitled to reinstatement to previous position, or to one with the same seniority, benefits, and pay, unless the employee is no longer qualified or the employer's circumstances have changed and reemployment is impossible or unreasonable. Employee may not be fired without cause for one year after returning from service.

Wyoming

Wyo. Stat. 19-11-101 to 19-11-123

Employees who are members or who apply for membership in the uniformed services; employees who report for active duty, training, or a qualifying physical exam, or who are called to state duty by the governor, may take up to 4 years leave of absence. Employee may use vacation or any other accrued leave but is not required to do so. Returning employee is entitled to reemployment with the same seniority, rights, and benefits, plus any additional seniority and benefits that employee would have earned if there had been no absence, unless employer's circumstances have changed so that reemployment is impossible or unreasonable or would impose an undue hardship. Employee is entitled to complete any training program that would have been available to employee's former position during period of absence. Employee may not be terminated without cause for one year after returning to work.


Current as of February 2005

This chart is a selection from Your Rights in the Workplace published by Nolo Press. For more complete information on this, and other job rights questions, order the book here.

This page was updated on August 25, 2005

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