California and federal law direct employers of any size to provide leave to a worker called  up to  the reserves or National Guard and to hire the person back for up to five years of such ensuing service.

An employee must request such leave on receiving orders to report for duty, submitting the orders as support.  Such leaves are generally unpaid, and employees will not accrue vacation, insurance, and other benefits while on military leave, unless applicable law so requires.

Policy Drafting Tip:

• Covered employers should include a military leave policy that requires adequate documentation, states what happens with benefits while on leave, and confirms the employee’s reinstatement rights.

Take-Aways:

Implement and regularly review your handbook to include all applicable military leave policies, and educate and train your supervisors on these laws.

We publish this series to educate employers on best practices for a well-written handbook that assists applicants, employees, and management alike. To purchase our 2024 template handbook – which contains the above policy and much more – and accompanying forms or for additional information, please contact Office Manager Aimee Rosales at 626.583.6600 or officemgr@tbowleslaw.com.

See also:

• Work Easier – Workplace Policy and Handbook & Forms for 2024 (April 25, 2024)
• First Responder Job Security: Emergency Service Volunteer Leave Policies (October 23, 2023)
• Attendance and Absence Policy – Show Up Standards (June 22, 2023)

Helena Kobrin
April 26, 2024