This is a policy a company can use to establish guidelines for employee leave to serve
in the military. This policy establishes the different types of leave, the service time,
extended leave, retirement plans, reinstatement, return form duty, and requirements to
apply for leave. This policy can be used by small businesses or other entities that want
to establish a consistent uniformed service policy for their employees serving in the
UNIFORMED SERVICE LEAVE POLICY
Uniformed Services Leave shall be granted to eligible employees in accordance with
applicable state and federal laws. The purpose of the Uniformed Services Employment
and Reemployment Rights Act of 1994 is to encourage non-career military service by
eliminating or minimizing the disadvantages to civilian careers and employment that
occur as a result of military call-ups.
It is the policy of ____________________ (the “Company”) to comply with the
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
1) A uniformed services leave may be granted whenever an employee is called to serve,
either voluntarily or involuntarily, whether for active duty or for training, in accordance
with the Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA).The Company shall also comply with the provisions of
__________________________[Add applicable state statutes conforming to the
2) It shall be regarded as a violation of Company policy if an employee or a prospective
employee is discriminated on the basis of application for service in the Uniformed
Services of the United States.
3) Eligibility for this leave applies to all members of the Uniformed Services of the
Note: “Uniformed Services” means the Armed Forces (Army, Navy, Air Force and
Marines), the Army National Guard and the Air National Guard when engaged in active
duty for training, inactive duty for training or full-time National Guard duty, the
commissioned corps of the Public Health Service, and any other category of persons
designated by the President in time of war or emergency.
4) An employee who is called for training or active duty in the Uniformed Services of the
United States is eligible for Uniformed Services Leave, provided the employee gives
notice of the military obligations.
5) Eligibility for Uniformed Services Leave extends to regular employees, but does not
apply to temporary employees.
Types of Leave and Lengths of Service Time
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1) Reserve Training Leave for inactive duty: Applicable when an employee
attends weekly or monthly meetings or weekend drills.
2) Temporary Uniformed Services Leave: Applicable when an employee is ordered to
perform full-time active Uniformed Services training for a period not more than 180
calendar days, including time spent traveling to and from duty.
3) Extended Uniformed Services Leave: Applicable when an employee enlists or is
a. Active Duty Service of any length,
b. Active Duty Training greater than 180 calendar days, or
c. Active Federal Uniformed Services as a member of the National Guard or
Leave shall be granted for a period not more than five (5) years. In addition, leave shall
be granted for a period up to six (6) months from the date of release from duty.
4) Emergency National Guard Leave: Applicable when an employee is called to active
duty by proclamation of the Governor during a state of emergency. When a state of
emergency is called by the President of the United States, the employee is placed on
Extended Uniformed Services Leave.
5) Physical Examination Leave: Applicable when an employee is required to take a pre-
induction or pre-enlistment physical examination. Leave shall be granted for time
necessary to complete the examination, including time spent traveling.
Extended Uniformed Services Active Duty
1) Upon return from Uniformed Services Leave an employee has the right to be reinstated
to his/her position with the same seniority, status and pay they would have had if they
had never left. Employees generally are entitled to these reemployment protections for up
to five (5) years under Federal law.
2) This leave shall be granted and applicable only if the employee is leaving the
Company’s employment for the purpose of Uniformed Services Duty with the Armed
Forces of the United States. During this absence, the following conditions will apply:
a. The employee will not accrue vacation leave or temporary disability leave
b. Previously accrued vacation leave and TDL shall be restored upon return from
c. The employee may request to use all accrued vacation prior to beginning the
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