Key Considerations and Regulations of Military Leave

Keep in mind that to get these military leave benefits, you must follow all applicable rules (including giving notice for the need to leave for military service). You must also be released from service under honorable conditions, and you must not exceed five years of military leave with any one employer (with some exceptions, such as annual training and monthly drills; these do not count against the cumulative total). The five-year limit does not include active duty training, annual training, involuntary recall to active duty, involuntary retention on active duty, voluntary or involuntary active duty in support of war, national emergencies, or certain operational missions.

There are also benefits for military caregivers. Military caregiver leave entitles an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member to take up to 26 work weeks of leave in a 12-month period to care for a covered service member with a serious injury or illness.

It’s important to note that you’ll have to report back to your civilian job in a timely manner and submit a timely application for employment. This timeliness depends on how long you were deployed for, so it’s important to keep track of all the rules and check off every box on your way back into civilian life.  Some other key considerations to keep in mind include the following:

• Make sure you thoroughly read through anything your employer has you sign since you may be signing something that waives some of your legal entitlements.  

• You must report back to your civilian job by the appropriate deadline, which can range from eight hours to 90 days depending on the length of service.  

• Military leave coverage may vary for National Guard members performing state service rather than federal service for deployment.