Military Leave

DHRM Policy 4.50 – Military Leave

Employees who are members of the Commonwealth’s militia (including National Guard) are granted paid military leave while providing military service when called forth by the Governor. Employees who serve in the National Guard, Naval Militia or in a branch of the military reserve are entitled to as much as 15 days of paid military leave for federally funded training or active duty per federal fiscal year. Employees called for more than 15 days of active federal duty in a federal fiscal year may use accrued leave balances in order to remain on the state payroll. Employees who exhaust their leave balances or who choose not to use them for military duty may be placed on Military Leave Without Pay.

In compliance with federal requirements, employees are guaranteed reinstatement to their original position or a comparable position for up to five years of cumulative military service, with certain exemptions to the five-year cap.

If an employee is a member of the National Guard or a military reserve unit, s/he may want to review his or her benefits under the Uniformed Services Employment and Reemployment Act (USERRA).  Some state benefits continue for all or part of a term of military leave.