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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1) The regular employee may continue participation in the retirement plan if, prior to
beginning leave, the employee arranges for payment contributions.
2) A regular employee returning from leave has the right to make missed contributions to
the plan over a period of time equal to three times the period of the leave, but no longer
than five years.
3) The Company shall make, on behalf of the returning employee, any contributions to
the plan that the Company would have made had the employee not been absent.
4) The Company shall match any employee contributions, but shall not credit the
employee with interest.
Health Care Coverage
A regular full-time employee may continue participation in the plan if, before beginning
leave, the employee arranges for payment of the premium contributions.
A regular full-time employee may continue participation in the Company’s life insurance
plan if, before beginning leave, the employee arranges for payment of the premium
1) To be eligible for reemployment rights, individuals must have been issued a
discharge under honorable conditions.
2) An individual's right to reemployment includes restoration of the benefits that
were elected by the employee and his or her dependents at the time military service
began, as well as to benefits that began during the leave for which the individual would
reasonably have become eligible.
3) The Company is not required to reemploy a person after military leave if:
a. The Company’s circumstances have so changed as to make such
reemployment impossible or unreasonable;
b. Such reemployment would impose an undue hardship upon the Company;
c. The employment from which the person leaves to serve in the uniformed
services is for a brief, nonrecurring period.
Return from Duty
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1) A veteran returning from military service is entitled to be restored to his or her
former position or to one of similar seniority, pay, and status, if he or she is qualified to
perform the duties of the former position. Servicepersons shall be entitled to positions
based on the length of the person's intervening uniformed service.
2) There is a condition in most instances that the person is qualified for the position
in which he or she will be reemployed. Under the law, a person is "qualified" for a
position if he or she has the ability to perform the essential tasks of the position.
3) The Uniformed Services Employment and Reemployment Rights Act has left
"essential" tasks undefined since this requirement is similar to those of the Americans
with Disabilities Act (ADA) essential job functions.
a. Uniformed service of less than 91 days: A person whose uniformed
service was lesser than 91 days is to be promptly reemployed in the position
that he or she left.
b. Uniformed service for more than 90 days: If the intervening uniformed
service was for more than 90 days, the returning employee will have the same
reemployment rights as persons with a shorter term of uniformed service
along with an additional option of employment in a position of like seniority,
pay, and status.
4) The Uniformed Services Employment and Reemployment Rights Act does not
create a system of seniority but simply recognizes any existing seniority systems that
have been established by contract, custom, or practice.
5) The employer is obligated to make reasonable efforts to update and upgrade the
skills of an employee who is not initially qualified for the position to which he or she is
entitled, unless such efforts would create an undue hardship. The Act intends the
employer provide refresher training and any training the employee would have received if
he or she had remained on the job, before deciding on an employee's qualifications.
Requirements to apply for leave:
The Employee must:
1) Provide as much advance notice of the absence as possible.
2) Provide copies of official orders or other official documentation.
3) Submit an Application for Leave form.
4) Select pay and benefit options desired during absence.
5) Retain copies of all submitted documents.
6) Apply for reemployment in a timely manner.
A. For service of less than one (1) month, the employee must apply for reinstatement
no later than the beginning of the first full regularly scheduled work period that starts at
least eight hours after return from military service.
B. For service of more than one month but fewer than six months, the employee
must apply for reinstatement not later than fourteen days after release from active service.
C. For service of more than six months, the employee must apply for reinstatement
not later than ninety days after release from active service. Failure to provide notice does
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not mean that an individual forfeits his or her rights. Rather, it subjects the individual to
the employer's conduct rules, established policies, and general practices.
D. The individual must provide documentation of a discharge, or release from duty,
under honorable conditions.
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