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Military leave from civilian work in the United States is primarily governed by the Uniformed Services Employment and Reemployment Rights Act (USERRA). This federal law says that employees who leave for military service are entitled to return to their civilian jobs after their service ends with the same status, pay, and benefits they would have had if they had not been absent. Employees are entitled to reemployment after a cumulative total of up to five years of military service, although there are exceptions for longer service in certain conditions. USERRA applies to all employers, regardless of size.

The Family and Medical Leave Act (FMLA) also covers military leave in some situations. It provides up to 12 weeks of unpaid leave for family members of military service members who are called to active duty or are injured while on active duty. There are also some state laws that offer more protection than USERRA or FMLA, so be sure to check the laws in your state.

While an employee is on military leave, you might cover their workload using contractors, outsourced help, freelancers, consultants, temporary workers, interns, or by redistributing their responsibilities to other employees. Foster a supportive team culture by highlighting the importance of what the service member is doing and keeping the team informed about where they can send letters to their absent team member. Stay in contact with the service member and discuss what you can do to make their transition back to civilian work positive. When their service is complete, be prepared to welcome the employee back. Offer them a manageable workload, think about new processes they’ll need support or training on, and offer as much flexibility and you can. Continue checking in and offering support while the employee readjusts.

Employees with family members who have been deployed need support, too. Offer understanding, access to counseling, and flexibility for them as they deal with this major life change and worries about their family member’s safety. You may also lighten their workload, have regular check-ins to see how they’re doing, make sure they know about their eligibility for FMLA, and share practical resources like military family support networks.

In this episode’s listener question, we’re asked about training managers and leaders to have pay discussions with employees who perceive that they’re on the low end of the scale. In the news, one of Gartner’s top priorities for HR leaders in 2025 is change management.

Mentioned in this episode:

• Purple Ink
• Susan Tinder White Consulting
• Uniformed Services Employment and Reemployment Rights Act (USERRA)
• Family and Medical Leave Act (FMLA)
• ”Top HR Priorities for 2025”
• JoyPowered® Memberships
• JoyPowered® on LinkedIn
• JoyPowered® on Instagram
• Email JoyPowered®

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