State Laws on Military Leave

Learn about state laws that protect an employee's right to take leave for military service.

A federal law, the Uniformed Services Employment and Reemployment Rights Act (USERRA) provides time off and job reinstatement to employees called to active duty in the U.S. military, including the U.S. Armed Forces, Reserves, and National Guard. USERRA, which applies to employers of all sizes and types, requires employers to provide up to five years of unpaid leave for military service. (However, there are a handful of exceptions to this five-year limit.) Employees must be allowed to continue their group health care benefits for up to 24 months during their leave.

Once their leave is over, these employees must be reinstated to the position they would have held had they been continuously employed (called the “escalator” position), along with the associated seniority, pay, benefits, and other advantages of employment. If the employee is not qualified for that position, the employer must make reasonable effort to help the employee qualify—for example, by providing training. Reinstated employees may only be fired for good cause for either 180 days or one year, depending on the length of the leave. (To learn more about firing for good cause, see our article on at-will employment.)

To be eligible for leave under USERRA, the employee must meet certain requirements, including:

  • giving the employer notice, before taking the leave, that the leave is for military service
  • being released from the military under honorable conditions, and
  • applying for reinstatement within a certain period of time, depending on the length of the leave.

Most states have laws providing time off to members of the state National Guard or state militia. Some of these laws extend USERRA rights to employees called to active state duty. Others provide different rights and obligations for employees serving in the state military. Nearly all states prohibit employers from discriminating against employees who serve in the military.

When it comes to private employers, state laws generally require unpaid leave. (Many states have different laws for government employers, including providing paid military leave.) Other typical rights and restrictions include:

  • The employee must not have been dishonorably discharged.
  • The employee must present proof that he or she has satisfactorily completed service.
  • The employee must request reinstatement within a specified time.
  • If the employee is not able to do the job he or she left, the employer must offer an appropriate substitute position.
  • The employer need not reinstate the employee if changes in the workforce have made that unreasonable.

To find out what your state requires, select it from the list below:

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

Alabama

Ala. Code §§ 31-12-1 to 31-12-4

Members of the Alabama National Guard, or the national guard of another state, who are called to state active duty for at least 30 consecutive days or federally funded duty (other than training) are entitled to the same protections as USERRA.

Alaska

Alaska Stat. Ann. § 26.05.075

Employees called to active service in the state militia—including the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force—are entitled to unlimited unpaid leave and reinstatement when their leave is over. They must be reinstated to their former positions or a comparable one with the pay, seniority, and benefits that the employee would have had if continuously employed. Employees must return to work on the next workday after completing necessary travel.

Employees who suffer a disability must request reemployment within 30 days of release. If a disability leaves the employee unable to do the job, the employee must be offered a position with similar pay and benefits.

Arizona

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

Members of the National Guard, Arizona National Guard, and U.S. armed forces reserves must be given unpaid leave for active duty or to attend camps, maneuvers, formations, or armory drills. The leave of absence may not affect the employee’s seniority or vacation benefits. Once the leave is over, employees must be reinstated to their former positions or to a higher one that is commensurate with the employee’s experience and seniority. Employers may not discriminate against employees based on their military service or discourage employees from enlisting by threatening economic harm.

Arkansas

Ark. Code Ann. § 12-62-413

Employees called to active state duty as a member of the armed forces of Arkansas or any other state (including the state national guard, militia, and reserves) have the same leave and reinstatement rights and benefits guaranteed under USERRA.

California

Cal. Mil. & Vet. Code §§ 394, 394.5, 395.06; Cal. Lab. Code §§ 1503, 1504

Members of the California National Guard, or the national guard of any state, who are called to active duty must be given unpaid leave. Full-time employees must be reinstated to their former positions or to a position of similar seniority, status, and pay, without loss of retirement or other benefits—unless the employer’s circumstances have so changed as to make reinstatement impossible or unreasonable. Part-time employees must be reinstated if an open position exists. Reinstated employees cannot be terminated without cause for one year. Full-time employees must apply for reinstatement within 40 days of discharge, while part-time employees must apply for reinstatement within five days of discharge.

Employees who are in the U.S. armed forces reserves, National Guard, or Naval Militia are entitled to 17 days' unpaid leave per year for military training, drills, encampment, naval cruises, special exercises, or similar activities. Employers may not terminate employees or limit their benefits or seniority because an employee has a temporary disability resulting from duty in the National Guard or Naval Militia (for up to 52 weeks). Employers also may not discriminate against employees because of their membership in any branch of the state or federal armed services.

Employers with 16 or more employees must provide up to ten days of unpaid Civil Air Patrol leave to an employee who responds to an emergency operational mission of the California Wing of the Civil Air Patrol.

Colorado

Colo. Rev. Stat. Ann. §§ 28-3-609, 28-3-610, 28-3-610.5

Employees called to active state duty in the Colorado National Guard are entitled to unlimited unpaid leave and reinstatement to their former positions or a similar one with the same pay, seniority, and benefits the employee would have had if continuously employed. Members of the Colorado National Guard or U.S. armed force reserves are entitled to 15 days' unpaid leave per year for training each year, with the same reinstatement rights.

Connecticut

Conn. Gen. Stat. Ann. §§ 27-33a, 27-34a

Members of the Connecticut National Guard ordered into active state service by the governor are entitled to the same rights and benefits guaranteed under USERRA, except those pertaining to life insurance. Employees who are members of the state armed forces, any reserve component of the U.S. armed forces, or the national guard of any state, are entitled to take leave to perform ordered military duty, including meetings or drills, without loss or reduction of vacation or holiday benefits. Employers may not discriminate against military members in terms of promotion or continued employment.

Delaware

Del. Code Ann. tit. 20 § 905

Members of the Delaware National Guard who are called to state active duty are entitled to the same rights, privileges, and protections as they would have had if called for military training under federal law protecting reservists and National Guard members.

Florida

Fla. Stat. Ann. §§ 250.481, 250.482, 252.55, 627.6692(5)

Employees who are called to active duty in the National Guard, or into active duty by the laws of any other state, may not be penalized for absence from work. Upon return from service, employees are entitled to reinstatement with full benefits unless the employer's circumstances have changed to make reinstatement impossible or unreasonable or it would impose an undue hardship. Reinstated employees may not be terminated without cause for one year.

If a member of the National Guard or Reserves is receiving COBRA benefits when called to active duty, the period of time when that service member is covered by TRICARE (military health benefits) won't count against his or her COBRA entitlement. Discrimination against members of the National Guard or reserves is prohibited.

Employers with 15 or more employees must provide up to 15 days of unpaid leave to members of the Civil Air Patrol. Employers must reinstate an employee after the leave, unless the employer’s circumstances have changed such that it would be unreasonable or impossible or it would cause an undue hardship. Returning employees may not be fired without cause for one year.

Georgia

Ga. Code Ann. § 38-2-280

Employees called to active duty in the U.S. uniformed services, the Georgia National Guard, or the national guard of any other state, are entitled to unlimited unpaid leave for active service and up to six months of leave in any four-year period for service school or annual training. Employees are entitled to reinstatement with full benefits unless the employer's circumstances have changed to make reinstatement impossible or unreasonable. Employees must apply for reinstatement within 90 days of discharge or within ten days of completing school or training. Georgia law also prohibits discrimination against members of the U.S. reserves or the state organized militia.

Hawaii

Haw. Rev. Stat. Ann. § 121-43

Members of the National Guard are entitled to unlimited unpaid leave while performing ordered National Guard service and while going to and returning from service. Once their leave is over, employees must be reinstated to their former positions or one with comparable seniority, status, and pay. An employee who is unable to do his or her job because of a service-related disability must be reinstated to the position that is most like his or her former position, provided the employee is qualified. Reinstatement is not required where the employer’s circumstances have changed such that reinstatement would be impossible or unreasonable. Reinstated employees cannot be terminated without cause for one year. Hawaii law also prohibits discrimination against employees because of their obligations as members of the National Guard.

Idaho

Idaho Code Ann. §§ 46-224, 46-225, 46-407, 46-409

Members of the Idaho National Guard, or the national guard of another state, who are called to active duty by the governor or president in time of war, armed conflict, or emergency are entitled to the same protections as USERRA. Once their leave is over, employees are entitled to reinstatement to their former positions or a comparable position with like seniority, status, and pay. If an employee is not qualified for his or her former position because of a disability sustained during service, the employee is entitled to the position that is most similar to his or her former position in terms of seniority, status, and pay (provided the employee is qualified). Reinstated employees may not be fired without cause for one year.

Members of the National Guard and U.S. armed forces reserves may take up to 15 days' unpaid leave per year for training without affecting the employee's rights to vacation, sick leave, bonus, advancement, and other advantages of employment. Employees must give 90 days' notice of training dates.

Illinois

20 Ill. Comp. Stat. Ann. §§ 1805/30.15, 1805/30.20; 330 Ill. Comp. Stat. § 60/4; 820 Ill. Comp. Stat. Ann. 148/10, 148/15

Members of the National Guard called to active state duty by order of the governor are entitled to unpaid leave and reinstatement to the same position with the same increases in status, seniority, and wages that they would have earned had they been continuously employed, or to a position with similar seniority, status, and pay. Reinstatement is not required if the employer’s circumstances have changed such that reinstatement would be unreasonable or impossible or impose an undue hardship. Reinstated employees may not be fired without cause for one year. Employees who quit their jobs to enter military service are also entitled to reinstatement after receiving an honorable discharge.

If reasonably possible, employees must give advance notice of military service. Members of the National Guard must submit a request for reemployment the day after finishing duty if service lasted less than 31 days, within 14 days if service lasted 31 days or more, or within 90 days if service lasted 180 days or more. Members of the U.S. uniformed services must submit a request for reemployment within 90 days.

Employers with 15 to 50 employees must provide up to 15 days of unpaid Civil Air Patrol leave to employees performing a civil air patrol mission. Employers with 51 or more employees must provide up to 30 days of unpaid leave for the same purposes. Employees must be reinstated to the same position with the same pay, benefits, and seniority.

Indiana

Ind. Code Ann. §§ 10-16-7-4, 10-16-7-6, 10-16-7-23, 10-17-4-1 to 10-17-4-5

Members of the Indiana National Guard, or the national guard of any other state, who are called to state active duty have the same leave and reinstatement rights and benefits guaranteed under USERRA. Employers may not refuse to allow members of the Indiana National Guard to attend assembly for drills, training, or other duties.

Members of the U.S. armed force reserves may take up to 15 days' unpaid leave per year for training. Employees must provide 90 days’ advance notice of dates of departure and return, along with proof of completion of the training upon return. Leave does not affect vacation, sick leave, bonus, or promotion rights. At the end of training, employees must be reinstated to their former positions or a similar position with no loss of seniority or benefits.

Iowa

Iowa Code § 29A.43

Members of the Iowa National Guard, the national guard of any other state, the organized reserves of the U.S. armed forces, or the Civil Air Patrol who are called into active duty are entitled to unpaid leave and reinstatement to their former or a position with similar seniority, status, and pay. Leave does not affect vacation, sick leave, bonuses, or other benefits. Upon their return, employees must provide evidence that they satisfactorily completed service and that they are still qualified to perform their job duties. Employers may not discriminate against these employees or discharge them due to their military affiliations.

Kansas

Kan. Stat. Ann. §§ 48-517, 48-222

Employees called into active duty by the state of Kansas, or any other state, are entitled to unlimited leave and reinstatement to the same position or a comparable position with like seniority, status, and pay. Reinstatement is not required if the employer's circumstances have changed such that reinstatement would be impossible or unreasonable or it would impose an undue hardship on the employer. Reinstated employees may not be fired without cause for one year.

Members of the Kansas National Guard are entitled to between five and ten days of unpaid leave each year to attend annual muster and camp of instruction. Refusing to allow an employee to take time off for these purposes, or punishing an employee for taking leave, is a misdemeanor.

Kentucky

Ky. Rev. Stat. Ann. §§ 38.238, 38.460

Members of the Kentucky National Guard are entitled to unlimited unpaid leave for active duty or training. Once their leave is over, these employees must be reinstated to their former positions with no loss of seniority or benefits. Employers may not discriminate against these employees on the basis of their military service. Employers also may not use threats to prevent employees from enlisting in the military.

Louisiana

La. Stat. Ann. §§ 29:38, 29:38.1

Employees called to active duty in the Louisiana National Guard, state militia, or any branch of the state military forces of Louisiana or any other state are entitled to unpaid leave and reinstatement when their service is complete. Employees must be reinstated to the same position or a comparable one with the same seniority, status, benefits, and pay. If an employee is no longer qualified for a former position because of a disability sustained during active duty, but is qualified to perform another position, the employee must be offered a comparable position, unless it would pose a direct threat or significant risk to the health and safety of the employee or others that cannot be eliminated by reasonable accommodation. Reinstated employees may not be fired without cause for one year. Employees must report to work within 72 hours of release or recovery from service-related injury or illness. Employers cannot discriminate against employees because of their military obligations.

Maine

Me. Rev. Stat. tit. 26, §§ 811 to 813; tit. 37-B, § 342

Employees in the National Guard or reserves are entitled to unpaid leave in response to state or federal military orders. Upon completion of service, employees must be reinstated, at the same pay, seniority, benefits, and status, and must receive all other employment advantages as if they had been continuously employed. Depending on the length of service, employees must be given between 24 hours and 90 days to report to work after a period of time allowing for safe travel home.

For the first 30 days of an employee's military leave, the employer must continue the employee's health, dental, and life insurance at no additional cost to the employee. After 30 days, the employee may continue these benefits at his or her own expense (paying the employer's group rates). Employers may not discriminate against employees for membership or service in National Guard or United States armed forces reserves.

Maryland

Md. Code Ann., Pub. Safety, § 13-705; Md. Code Ann., Lab. & Empl., § 3-1001 to 3-1007

Members of the state National Guard and Maryland Defense Force ordered to military duty have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Maryland employers with 15 or more employees must provide at least 15 days of each year to respond to an emergency mission of the Maryland Wing of the Civil Air Patrol. Employees must give as much notice as possible of their need for this leave. After arriving at the emergency location, employees must notify the employer and estimate how long the mission will take. Employees are entitled to reinstatement upon their return from this type of leave. Employers may not penalize employees for exercising their rights under this law, nor may they retaliate against employees who complain that an employer has violated the law.

Massachusetts

Mass. Gen. Laws ch. 151B, § 4; ch. 33 § 13

Employees who are members of the armed forces called to active state duty are entitled to the same rights and protections granted under USERRA. Employers may not discriminate against employees and applicants based on their membership in, application to perform, or obligation to perform military service, including service in the National Guard.

Michigan

Mich. Comp. Laws §§ 32.271 to 32.274

Employees who are called to active duty in the U.S. uniformed services, the National Guard, or the military or naval forces of Michigan or any other state, are entitled to take unpaid leave. Once their leave is over, they must be reinstated to one of the following, depending on the length of service: the position they would have held had they been continuously employed, their former positions, or the position with the closest pay and status to their former positions. Reinstatement is not required for military service that exceeds five years, except in certain cases. Employers may not discriminate against employees based on their military service, use threats to prevent employees from enlisting, or prevent employees from attending military encampments or other places of drills or instruction.

Minnesota

Minn. Stat. Ann. § 192.34

Employers may not fire an employee because of military service, interfere with the employee’s military service, or dissuade an employee from enlisting by threatening employee's job. This protection applies to employees who are members of the U.S. armed forces, the Minnesota military or naval forces, or the military or naval forces of any other state.

Mississippi

Miss. Code Ann. §§ 33-1-15, 33-1-19

Members of the U.S. armed forces reserves or U.S. military veterans may take unpaid time off for state or federal military training or duty. Once their leave is over, these employees are entitled to reinstatement to their former positions or a similar position with the same status, pay, and seniority. Employees must provide evidence that they completed their training.

Employers may not discriminate against employees or applicants based on their current membership in the reserves of the U.S. armed forces or their former membership in the U.S. armed forces. Employers may not threaten employees to dissuade them from enlisting.

Missouri

Mo. Rev. Stat. §§ 40.490, 41.730

Members of the Missouri military forces, the national guard of any other state, or a reserve component of the U.S. armed forces who are called to active duty are entitled to the same leave and reinstatement rights provided under USERRA. Employers may not discharge employees, interfere with their military service, or use threats to dissuade employees from enlisting in the state organized militia.

Montana

Mont. Code Ann. §§ 10-1-1005, 10-1-1006, 10-1-1007

Employees who are ordered to federally funded military service are entitled to all rights available under USERRA. Members of the Montana National Guard, or the national guard any other state, who are called to state military duty are entitled to unpaid leave for the duration of service. Leave may not be deducted from sick leave, vacation, or other leave. Once the leave is over, employees must be reinstated to the same position or a similar one with the same seniority, status, pay, health insurance, pension, and other benefits. Employees must inform the employer of membership in the military at the time of hire, or if the employee enlisted during employment, at the time of enlistment. Employers may not in any way discriminate against employees or dissuade employees from enlisting in the state organized militia.

Nebraska

Neb. Rev. Stat. § 55-161

Employees who are called into active duty in the Nebraska National Guard, or the national guard of any other state, have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Nevada

Nev. Rev. Stat. Ann. §§ 412.139, 412.606

Employers may not discriminate against members of the Nevada National Guard, or the national guard of another state, and may not fire any employee because he or she assembles for training, participates in field training, is called to active duty, or otherwise meets as required for ceremonies, maneuvers, and other military duties.

New Hampshire

N.H. Rev. Stat. Ann. §§ 110-B:65, 110-C:1

Members of the state National Guard or militia called to active duty by the governor have the same leave and reinstatement rights and benefits guaranteed under USERRA. Employers may not discriminate against employees because of their connection or service with state National Guard or militia. Employers also may not dissuade employees from enlisting by threatening their jobs.

New Jersey

N.J. Stat. Ann. § 38:23C-20

Employees are entitled to take unpaid leave for active service in the U.S. or state military. Upon return, they must be reinstated to the same or a similar position, unless the employer's circumstances have changed such that reinstatement is impossible or unreasonable. If the same or a similar position is not possible, the employer must restore the employee to any available position that the employee requests to be reinstated to, as long as the employee is able and qualified to perform the job. To receive reinstatement, employees must apply within 90 days of release from service. Reinstated employees may not be fired without cause for one year after returning from service.

Employees are also entitled to take up to three months of unpaid leave in a four-year period for annual training or assemblies relating to military service, or to attend service schools conducted by the U.S. armed forces. Employees must apply for reinstatement within ten days of completing training.

New Mexico

N.M. Stat. Ann. §§ 20-4-6, 28-15-1, 28-15-2

Members of the U.S. armed forces, National Guard, or organized reserves may take unpaid leave for military service or for up to one year of hospitalization following discharge. Employees must be reinstated to their former positions or a similar one with like status, seniority, and pay, unless the employer's circumstances have changed such that reinstatement would be impossible or unreasonable. Reinstated employees may not be fired without cause for one year after returning from service. Employees must request reinstatement within 90 days of completion of service or release from hospitalization.

Employers may not fire or discriminate against employees because of membership in the National Guard, nor may they prevent employees from performing military service.

New York

N.Y. Mil. Law §§ 251, 252, 317, 318

Members of the U.S. armed forces or organized militia are entitled to unpaid leave for active service, reserve drills, annual training, service school, or initial full-time or active duty training. Returning employees are entitled to reinstatement to their previous positions, or to one with the same seniority, status, and pay, unless the employer's circumstances have changed and reemployment would be impossible or unreasonable. Employees must apply for reinstatement within 90 days of discharge from active service; ten days of completing school, reserve drills, or annual training; or 60 days of completing initial full-time or active duty training. Once reinstated, employees may not be discharged without cause for one year. Employers may not discriminate against employees subject to state or federal military duty.

North Carolina

N.C. Gen. Stat. §§ 127A-201, 127A-202, 127A-202.1, 127B-14

Members of the North Carolina National Guard, or the national guard of any other state, who are called to active state duty by a state governor are entitled to take unpaid leave. Unless the employer's circumstances have changed and would make it unreasonable, returning employees must be restored to their previous positions or one of comparable seniority, status, and salary. Employees who are no longer qualified for their jobs must be placed in another position with appropriate seniority, status, and salary. For service of 30 days or less, the employee must apply for reinstatement in writing on the next regularly scheduled workday at least eight hours after traveling home. For service of more than 30 days, the employee must apply in writing within 14 days of release from duty. (If the employee is hospitalized due to an injury or illness sustained in active duty, different rules apply.)

Employers may not discriminate against or fire an employee because of membership in the national guard of any state or fire an employee called up for emergency military service.

North Dakota

N.D.C.C. §§ 37-29-01, 37-29-03

Employers may not terminate, demote, or otherwise discriminate against volunteer members of the North Dakota National Guard or North Dakota Air National Guard, or volunteer civilian members of the Civil Air Patrol. Employers must allow such employees to be absent from work for up to 20 working days each year because they are responding to a disaster or natural emergency. Involuntarily activated members of the North Dakota National Guard are not subject to this limit. Employees who needs this leave must make a reasonable effort to notify the employer. Upon request, the employee must also provide written verification of the dates and times of service.

Ohio

Ohio Rev. Code Ann. §§ 5903.01, 5903.02

The following employees are entitled to the same leave and reinstatement rights and benefits guaranteed by USERRA: members of the Ohio organized militia or National Guard or the organized militia of another state 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.

Oklahoma

Okla. Stat. Ann. tit. 44, §§ 71, 208.1

Employees in the Oklahoma National Guard who are ordered to state active duty or full-time National Guard duty have the same reinstatement rights and other benefits guaranteed by USERRA. Members of the state National Guard must be allowed to take time off to attend state National Guard drills, instruction, encampment, maneuvers, ceremonies, exercises, or other duties.

Oregon

Or. Rev. Stat. §§ 659A.082, 659A.086

Members of the Oregon organized militia, or the organized militias of other states, who are called into active state service or state active duty may take unpaid leave for the duration of their service. Returning employees are entitled to reinstatement with no loss of seniority or benefits including sick leave, vacation, or service credits under a pension plan. Employees must return to work within seven calendar days of release from service.

Pennsylvania

51 Pa. Cons. Stat. Ann. §§ 7301 to 7309

Employees who enlist or are drafted during a time of war or emergency called by the president or governor, along with reservists or members of Pennsylvania National Guard called into active duty, are entitled to unpaid military leave. Employees called to active duty are entitled to 30 days' health insurance continuation benefits at no cost.

After military service, employees are entitled to reinstatement to the same or a similar position with the same status, seniority, and pay. If an employee is no longer qualified due to disability sustained during military duty, the employer must restore the employee to a position with like seniority, status, and pay, unless the employer's circumstances have changed so as to make it impossible or unreasonable to do so. Employees who enlist or are drafted must return to work within 90 days after their military service ends; reservists must return to work within 90 days after their military service ends; and members of the Pennsylvania National Guard must return to work within 30 days after their state duty ends.

Employers may not discharge or discriminate against any employee because of membership or service in the military.

Rhode Island

R.I. Gen. Laws §§ 30-11-2 to 30-11-9, 30-21-1

Members of state military forces and the National Guard of Rhode Island or any other state who are called to active duty are entitled to the same leave and reinstatement rights and benefits guaranteed under USERRA.

Members of the National Guard or U.S. armed forces reserves are entitled to unpaid leave for training and reinstatement with the same status, pay, and seniority, unless the employer's circumstances make reinstatement impossible or unreasonable. Employee musts request reinstatement within 40 days after completing military service. Employers may not discriminate against or discharge employees because of membership in the state military forces or U.S. reserves, interfere with an employee's military service, or dissuade employees from enlisting by threatening their jobs.

South Carolina

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

Members of the South Carolina National Guard or State Guard, or the national or state guard of any state, who are called to active duty by a state governor are entitled to unpaid leave for service. Upon honorable discharge from service, the employee must be reinstated to the same position or a position with similar seniority, status, and pay. Employees must apply for reinstatement in writing, within five days of release from service or related hospitalization. Reinstatement is not required if the employer's circumstances now make it unreasonable.

South Dakota

S.D. Codified Laws Ann. § 33A-2-9

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

Employers may not terminate or refuse to hire an employee because of Tennessee National Guard membership or because the employee is absent for a required drill, including annual field training.

Texas

Tex. Govt. Code Ann. §§ 437.204, 437.213

Members of the Texas military forces who are called to state active duty are entitled to the same leave and reinstatement protections granted under USERRA. Employers must also provide time off to members of the Texas military forces for training and to members of the military forces of any other state for active duty or training. These employees must be reinstated to the same positions they held before the leave, without loss of any employment benefits. Employees must give notice of intent to return to employment as soon as practical after release from duty.

Utah

Utah Code Ann. § 39-1-36

Members of the 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 five years of unpaid leave. Upon return, employees are entitled to reinstatement to previous employment with the same seniority, status, pay, and vacation rights. Employers may not discriminate against an employee based on membership in the armed forces reserves.

Vermont

Vt. Stat. Ann. tit. 21, § 491; Vt. Stat. Ann. tit. 20, § 608

Members of the National Guard of Vermont or any other state ordered to state active duty by the governor have the right to take unpaid leave from civilian employment and cannot be required to exhaust their vacation or other accrued leave. Employers may not discriminate against an employee who is a member or an applicant for membership in the National Guard of Vermont or any other state.

Employees who are members of the U.S. armed forces reserves, an organized unit of the National Guard of Vermont or any other state, or the ready reserves are entitled to 15 days per year of unpaid leave for military drills, training, or other temporary duty under military authority. Returning employees must be reinstated to their former positions with the same status, pay, and seniority, including any seniority that accrued during the leave of absence.

Virginia

Va. Code Ann. §§ 44-93.2 to 44-93.4

Members of the Virginia National Guard, Virginia Defense Force, or the national guard of any other state, called to active duty by the governor are entitled to take unpaid leave and may not be required to use vacation or any other accrued leave. Employees whose leave does not exceed five years must be reinstated to their previous positions. If the position no longer exists, the employee must be given a position with the same seniority, status, and pay, or a comparable positon, unless it would be unreasonable. Employees must apply for reinstatement in writing within either 14 or 90 days, depending on the length of the leave.

Virginia prohibits employers from discriminating against employees based on their membership in, or obligations to, the Virginia National guard, the Virginia State Defense Force, or the naval militia.

Washington

Wash. Rev. Code Ann. §§ 73.16.032 to 73.16.035

Employees in Washington who are members of the armed forces or the national guard of any state are entitled to take leave when called to active duty for training, inactive duty training, full-time national guard duty, or state active duty. Once the leave is over, employees are entitled to be reinstated to the positions they previously held or one with like seniority, status, and pay. Employers may not discriminate against employees based on their membership in any branch of the uniformed services.

West Virginia

W. Va. Code § 15-1F-8

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

Wisconsin

Wis. Stat. Ann. §§ 111.321, 321.64 to 321.66

Employers may not discriminate against employees based on their military service. Employees who leave their jobs after enlisting, being inducted, or being ordered to serve in the U.S. armed forces for 90 days or more are entitled to job reinstatement. Employees who are absent for no longer than five years must be reinstated to the same positions with the same pay, seniority, and status they would have had if continuously employed, unless it would be unreasonable or impossible. Employees must apply for reinstatement and return to employment within 90 days of release from duty or training. Reinstated employees may not be fired without cause for one year. The same rights apply to civil employees who are asked to perform national defense work during an officially proclaimed emergency.

Employees who are called to state active duty in the Wisconsin National Guard or the national guard of any other state, or called to active service with the state laboratory of hygiene during a public health emergency, are entitled to take unpaid military leave. When cumulative military service does not exceed five years, employees are entitled to reinstatement to their prior positions or to one with equivalent seniority, status, and pay, unless it would be unreasonable or impossible. A reinstated employee may not be discharged without cause for up to one year.

Employers with 11 or more employees must provide up to 15 days of unpaid leave (but not more than five consecutive days at a time) to members of the Civil Air Patrol for an emergency service operation, if it would not unduly disrupt the employer’s operations.

Wyoming

Wyo. Stat. §§ 19-11-103, 19-11-104, 19-11-107, 19-11-111

Employees of the armed forces or the national guard of any state who report for active duty, training, or a qualifying physical exam may take up to five years off, unpaid. Employees must give advance notice of service. Employees may use vacation or any other accrued leave but are not required to do so. Returning employees are entitled to reemployment with the same seniority, rights, and benefits that they would have earned had they been continuously employed, unless the employer's circumstances have changed such that reemployment is impossible or unreasonable or would impose an undue hardship. Employees may not be terminated without cause for one year after returning to work. Wyoming law prohibits employers from discriminating against employees based on their membership in the uniformed services.

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