Salute to Service: Key considerations for navigating military leaves
The US military has roughly 1.3 million active duty members and 738,000 Reserve and National Guard members, many of whom also hold civilian jobs.1 When these individuals are called to serve, navigating military leave can be complex for both the employees and their employers.
In our recent webinar, Salute to Service: Key considerations for navigating military leaves, Guardian’s Tracey Collins, Absence Management Product Manager, Todd Groholski, Head of Product Enablement for Product Strategy and Delivery, and Ryan Nelson, Senior Regional Absence Practice Leader, explored how employers can support their military-connected employees while maintaining compliance and fostering a culture of care. Collins and Groholski are also military veterans and shared valuable personal insights to further enrich the discussion.
"When a service member is deployed and later navigates their return home, they and their family often experience a wide range of emotions and stress. Employers and managers have the power to help make this a little better," Groholski shares.
Explore these highlights from the webinar to help your organization stay informed, empathetic, and compliant with administering military leave and build a culture that honors and empowers service members and their families:
Understanding FMLA leave when duty calls
The Family and Medical Leave Act (FMLA) provides essential protections for employees impacted by military service, either directly or through family members. There are two key leaves available to military-connected employees through FMLA:
Exigency leave: Allows employees to take time off for urgent matters that arise when a family member is on or called to covered active duty. This includes members of the National Guard or Reserves.
Common qualifying reasons include arranging childcare or school activities, attending military events or ceremonies, making financial or legal arrangements, and attending counseling related to the deployment.
Military caregiver leave: Supports employees who are caring for a covered service member with a serious illness or injury.
Eligible relationships include spouse, parent, child, or next of kin (the nearest blood relative).
Provides up to 26 weeks of unpaid, job-protected leave in a single 12-month period.
“As an employer, it's important to understand the leave options available to your employees and to help educate them so that they use the appropriate FMLA when needed, rather than their own PTO,” shares Collins. “These leave protections can play a vital role in supporting our families during some of life's most challenging moments."
Navigating state military leave protections
Beyond federal law, many states have enacted their own military leave statutes offering additional rights and benefits. Several have active state militia or National Guard protections, and some provide reinstatement and benefit rights similar to the Uniformed Services Employment and Reemployment Rights Act (USERRA). Other states also have laws in place to support taking time off for military ceremonies or funerals, among other situations and duties. In certain cases, state leave may run concurrently with FMLA exigency leave.
Employer tip: Check with your legal or HR consultant to ensure your policies align with both federal and state-specific requirements.
Knowing the basics of USERRA
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a cornerstone federal law protecting service members' civilian employment rights.
"USERRA helps provide significant job protections for service members. It has a reemployment requirement as well as anti-discrimination protections, and it provides up to five years of cumulative leave — and can extend beyond five years in certain situations," Nelson explains.
Coverage applies to voluntary and involuntary service, including training, active duty, and National Guard service. Upon return to work, individuals must be reemployed in a role of equal seniority, status, and pay, and they must receive benefits and seniority as if continuously employed.
The growing role of company-paid military leave
Supporting service members through company-paid leave policies can demonstrate compassion and help build a culture that honors service members. In fact, 51% of employers now offer paid military leave, with 14% planning to add it in the future.2
Approaches include salary continuation for a defined period of time or top-off pay to supplement military earnings. Consistency and transparency in these policies are essential to maintaining fairness and trust.
Next steps for employers
Navigating military leaves of absence goes beyond compliance — it's about creating a workplace where service feels valued and supported.
Building a culture that honors service members starts with a sincere understanding of the challenges that many military employees and families experience, including deployment-related stress, reintegration hurdles, family instability, childcare disruptions, and spousal career challenges.
To strengthen your organization's approach, begin by reviewing federal, state, and organizational military leave policies. Ensure your managers understand the legal frameworks and guidelines, and consider further opportunities to actively support and celebrate military service. For instance:
Offer flexible work options and Employee Assistance Program (EAP) access
Train managers on USERRA, FMLA, and state leave laws
Create pre-, during, and post-leave support plans
Establish employee resource groups (ERGs) and host events that honor veterans
Ensuring that leaders in your organization are educated and equipped to support military leaves of absence — and to help connect employees and their families with accommodations and resources — can go a long way in fostering their well-being.
Learn more
For a deeper look at FMLA exigency and caregiver leave, state military leave laws, USERRA reemployment protections, strategies and resources to support employees and their families, and more, view the full webinar here.