State Laws on Military Leave

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.

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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. Any employee of a public educational entity in this state who is called into active service in any of the armed forces of the United States during the war on terrorism which commenced in September 2001, shall receive from his or her employer department or agency compensation in an amount which is equal to the difference between the lower active duty military pay and the higher public salary which he or she would have continued to receive if not called to active service. While, the governing body of any local governmental entity in this state may provide salary differential for any public employee of the entity who is called into active service in any of the armed forces of the United States during the war on terrorism which commenced in September 2001. Public employees also have additional health and retirement benefits under statute 31-12-7.

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.

Additional benefits for public employees- including guidelines on paid leave, differential pay and retention of benefits, and reemployment can be found in Alaska Stat. § 39.20.340, § 39.20.345, and § 39.20.350.

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.Public employees may be granted paid military leave under Ariz. Rev. Stat. § 38-610.

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. Public employees have special rights of paid leave, retention of insurance, and retirement benefits under Ark. Code Ann. § 21-4-212.

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). Public employees have special of rights of paid leave and retention of benefits under Cal. Mil. & Vet. Code § 395, § 395.01-.05; § 395.1-.5, and § 395.8,-9.

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Colorado

Colo. Rev. Stat. §§ 28-3-609, 610

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. Public employees have special rights of paid annual military leave, additional military leave, reinstatement, and retention of benefits under Colo. Rev. Stat. § 28-3-601 – 607.

Connecticut

Conn. Gen. Stat. Ann. § 27-33, 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. Conn. Gen. Stat. Ann. §7-461 – §7-462 govern public employees rights to differential pay and reemployment.

Delaware

No general law.

14 Del. C. § 1327 sets forth leave, reemployment, and differential pay rights for Public school employees.

29 Del. C. § 5105 sets forth leave, differential pay, and pension benefits for Public employees.

District of Columbia

No general law.

Public employees’ leave rights, including the right to limited paid leave, can be found in D.C. Code §1-612.03(f) and (m).

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.

Public employees’ right to limited paid leave and to retain benefits can be found in Fla. Stat. Ann. §115.01.15.

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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.

Public employees leave rights, including limited paid leave and retirement benefits can be found in Ga. Code Ann. § 38-2-279.

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.

Public employees right to limited paid leave and retention of benefits can be found in Haw. Rev. Stat. § 78-16.5 and § 78-16.6.

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.

Idaho sets forth military leave and reemployment policies for public employees under the state’s executive branch agency policy.

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. Public employees right to limited paid leave and retention of benefits can be found in Nolo Press. For more complete information on this, and other job rights questions, order the book here.