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State Laws on Military Leave

This chart provides a state by state listing summarizing each state's code or statute regarding military leave and a brief description of the code or statute. All states are included in the chart.

Note: This chart covers only laws that apply to private employers. Some states have laws that apply only to public employers, or have different rules for public and private employers. If you are a public (governmental) employee, consult a local attorney or your union to learn more about the rules and laws that apply to you.

Select your state from the map below or from this list.

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

Alabama

Alabama Stat. §§ 31-12-1 and following

State National Guard and militia members called to active duty for at least 30 consecutive days or for federally funded duty for homeland security have the same leave and reinstatement rights and benefits guaranteed under USERRA. Any employee of a public educational entity in this state who is called into active service in any of the armed forces of the United States during the war on terrorism which commenced in September 2001, shall receive from his or her employer department or agency compensation in an amount which is equal to the difference between the lower active duty military pay and the higher public salary which he or she would have continued to receive if not called to active service. While, the governing body of any local governmental entity in this state may provide salary differential for any public employee of the entity who is called into active service in any of the armed forces of the United States during the war on terrorism which commenced in September 2001. Public employees also have additional health and retirement benefits under statute 31-12-7.

Alaska

Alaska Stat. § 26.05.075

Employees called to active service in the state militia are entitled to unlimited unpaid leave and reinstatement to their former or a comparable position, with the pay, seniority, and benefits the employee would have had if not absent for service.

Additional benefits for public employees- including guidelines on paid leave, differential pay and retention of benefits, and reemployment can be found in Alaska Stat. § 39.20.340, § 39.20.345, and § 39.20.350.

Arizona

Ariz. Rev. Stat. §§ 26-167, 26-168

Members of state military forces or National Guard members called up by state for training or duty have the same leave and reinstatement rights and benefits guaranteed under USERRA. Employer may not dissuade employees from enlisting in state or national military forces by threatening economic reprisal.Public employees may be granted paid military leave under Ariz. Rev. Stat. § 38-610.

Arkansas

Ark. Code Ann. § 12-62-413

Employees called by the Governor to active duty in the Arkansas National Guard or the state militia have the same leave and reinstatement rights and benefits guaranteed under USERRA. Public employees have special rights of paid leave, retention of insurance, and retirement benefits under Ark. Code Ann. § 21-4-212.

California

Cal. Mil. & Vet. Code §§ 394, 394.5, 395.06

Employees who are called into service in the state military or naval forces have the same leave and reinstate-ment rights and benefits guaranteed under USERRA. Employees in the U.S. armed forces, National Guard, or Naval Militia are entitled to 17 days unpaid leave per year for training or special exercises. Employer may not terminate employee or limit any benefits or seniority because a of temporary disability (up to 52 weeks). Public employees have special of rights of paid leave and retention of benefits under Cal. Mil. & Vet. Code § 395, § 395.01-.05; § 395.1-.5, and § 395.8,-9.

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Colorado

Colo. Rev. Stat. §§ 28-3-609, 610

Permanent employees who are members of Colorado National Guard or U.S. armed forces reserves are entitled to 15 days unpaid leave per year for training and reinstatement to their former or a similar position with the same status, pay, and seniority. Public employees have special rights of paid annual military leave, additional military leave, reinstatement, and retention of benefits under Colo. Rev. Stat. § 28-3-601 - 607.

Connecticut

Conn. Gen. Stat. Ann. § 27-33, 27-33a

Employees who are active or reserve members of the state militia or National Guard are entitled to take leave to attend meetings or drills that take place during regular working hours, without loss or reduction of vacation or holiday benefits. Employer may not discriminate in terms of promotion or continued employment. Conn. Gen. Stat. Ann. §7-461 - §7-462 govern public employees rights to differential pay and reemployment.

Delaware

No general law.

14 Del. C. § 1327 sets forth leave, reemployment, and differential pay rights for Public school employees.

29 Del. C. § 5105 sets forth leave, differential pay, and pension benefits for Public employees.

District of Columbia

No general law.

Public employees’ leave rights, including the right to limited paid leave, can be found in D.C. Code §1-612.03(f) and (m).

Florida

Fla. Stat. Ann. §§ 250.482, 627.6692(h) to (j)

Employees who are members of the Florida National Guard and are called into active duty by the governor may not be penalized for absence from work. Employees not covered by COBRA whose employment is terminated while on active duty are entitled to a new 18-month benefit period beginning when active duty or job ends, whichever is later.

Public employees’ right to limited paid leave and to retain benefits can be found in Fla. Stat. Ann. §115.01.15.

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Georgia

Ga. Code Ann. § 38-2-280

Members of U.S. armed forces or Georgia National Guard called into active federal or state service are entitled to unlimited unpaid leave for active service, and up to 6 months leave in any 4-year period for service school or annual training. Employee is entitled to reinstatement with full benefits unless employer's circumstances have changed to make reinstatement impossible or unreasonable.

Public employees leave rights, including limited paid leave and retirement benefits can be found in Ga. Code Ann. § 38-2-279.

Hawaii

Haw. Rev. Stat. § 121-43

Employees serving in the state national guard have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Public employees right to limited paid leave and retention of benefits can be found in Haw. Rev. Stat. § 78-16.5 and § 78-16.6.

Idaho

Idaho Code §§ 46-224, 46-225, 46-407

Members of state National Guard ordered to active duty by the Governor may take up to one year of unpaid leave and are entitled to reinstatement to former position. Returning employees may not be fired without cause for one year. Members of national guard and reserves may take up to 15 days leave per year for training; employee must give 90-days' notice of training dates.

Idaho sets forth military leave and reemployment policies for public employees under the state’s executive branch agency policy.

Illinois

20 Ill. Comp. Stat. §§ 1805/30.1 to 1805/30.20; 330 Ill. Comp. State. § 60/4

Members of Illinois State Guard and members of U.S. uniformed services who are called into state active duty in the Illinois National Guard have the same leave and reinstatement rights and benefits guaranteed under USERRA. Public employees right to limited paid leave and retention of benefits can be found in 5 ILCS § 325/1.

Indiana

Ind. Code Ann. §§ 10-17-4-1 to 10-17-4-5

Members of U.S. armed services reserves may take up to 15 days unpaid (or paid at employer's discretion) leave per year for training. Leave does not affect vacation, sick leave, bonus, or promotion rights. Employee must be reinstated to former or a similar position with no loss of seniority or benefits.

Public employees are entitled to limited paid military leave under Ind. Code Ann. § 10-16-7-5.

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Iowa

Iowa Code § 29A.43

Members of National Guard, reserves, or state military called into temporary duty are entitled to reinstatement to former or a similar position. Leave does not affect vacation, sick leave, bonuses, or other benefits. Employee must give employer proof of satisfactory completion of duty and of employee's qualifications to perform the job's duties.

Public employees are entitled to limited paid military leave and retention of benefits under Iowa Code § 29A.28.

Kansas

Kan. Stat. Ann. §§ 48-517, 48-222

Members of state military forces called into active duty by the state have the same leave and reinstatement rights and benefits guaranteed under USERRA. In addition to unlimited leave for active duty, employees are entitled to 5 to 10 days leave each year to attend state National Guard training camp. Public employees rights to limited paid military leave and retention of benefits can be found in Kansas Administrative Regulations § 1-9-7a through § 1-9-7c.

Kentucky

Ky. Rev. Stat. Ann. § 38.238, §38.460

Members of Kentucky National Guard are entitled to unlimited unpaid leave for training and reinstatement to former position with no loss of seniority or benefits. Employer may not in any way discriminate against employee or threaten to prevent employee from enlisting in the Kentucky National Guard or active militia.

Public employees have the right to restoration benefits and limited paid leave under Ky. Rev. Stat. Ann. § 61. 373 and Ky. Rev. Stat. Ann. § 61.394.

Louisiana

La. Rev. Stat. Ann. §§ 29:38, 29:38.1, 29:410

Employees called into active duty in any branch of the state military forces have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Public employees have the right to limited paid leave and reemployment benefits under Maine

Me. Rev. Stat. Ann. tit. 37-B, § 342(5)

Employer may not discriminate against employee for membership or service in state military forces. Public employees are entitled to limited paid military leave under this same statute.

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Maryland

Md. Code Ann. [Public Safety] § 13-705

Members of the National Guard and militia called to active duty or training by the Governor have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Public employees are entitled to paid leave or differential paid military leave under Md. Code Ann. State Personnel and Pensions § 9-1104(3) and § 9-1107.

Massachusetts

Mass. Gen. Laws ch. 33, § 13(b)

Members of the armed forces of the commonwealth, including the state defense force or similar organization composed as permitted by law, the state staff or the armed forces of another state or territory who are employed within the commonwealth and ordered to active duty under this chapter, the appropriate authority of another state or territory or Title 32 of the United States Code shall be entitled to all rights, protections, privileges and immunities afforded under USERRA.

Public employees have the right to limited paid leave and retention of benefits under Mass. Gen. Laws ch. 33, § 59.

Michigan

Mich. Comp. Laws §§ 32.271 to 32.274

Members of state or U.S. uniformed services called into active state or federal duty may take unpaid leave; employee may also take unpaid leave to take a physical, enlist, be inducted, or attend training. Returning employee must be reinstated to former position. Employer may not in any way discriminate against employee or threaten to prevent employee from enlisting in the state armed forces.

Public employees may receive differential pay under Mich. Comp. laws § 32.273a and their reemployment rights are governed by Mich. Comp. laws § 35.352.

Minnesota

Minn. Stat. Ann. § 192.34

Employer may not discharge employee, interfere with military service, or dissuade employee from enlisting by threatening employee's job. Applies to employees who are members of the U.S., Minnesota, or any other state military or naval forces.

Public employees have the right to limited paid military leave under Minn. Stat, Ann. § 192.26- § 192.264.

Mississippi

Miss. Code Ann. §§ 33-1-15, 33-1-19, 33-1-39

Members of U.S. uniformed services and Mississippi armed forces are entitled to unpaid leave for active state duty or state training duty. Such employees cannot be discriminated against for their military status. If still qualified to perform job duties, employee entitled to reinstatement to previous or similar position. Professional licenses shall not expire while the member is serving on federal active duty and shall be extended for a period not to exceed ninety (90) days after his return from federal active duty.

Public employees are granted limited paid leave and retention of benefits under Miss. Code. Ann. § 33-1-21.

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Missouri

Mo. Rev. Stat. §§ 41.730, 41.946

Employer may not discharge employee, interfere with employee's military service, or threaten to dissuade employee from enlisting; applies to members of the state organized militia. Licensed professionals called into full-time active duty will be exempt from any requirement for continuing education or training without his status, license, certification or right to practice his trade or profession being affected and shall not be required, upon returning from full-time active duty, to make up or retake any training or education for which he was exempt under the provisions of this section.

Public employees have the right to limited paid military leave and retention of benefits under Mo. Rev. Stat. § 41.942.

Montana

Mont. Code Ann. §§ 10-1-1005 – 10-1-1007

Members of the state organized militia called to active service are entitled to unpaid leave for duration of service. Leave may not be deducted from sick leave, vacation, or other leave, although employee may voluntarily use that leave. Returning employee is entitled to reinstatement to same or similar position. Employer may not in any way discriminate against employee or dissuade employee from enlisting by threatening employee's job.

Public employees are entitled to limited paid military leave under Mont. Code Ann. § 10-1-1009.

Nebraska

Neb. Rev. Stat. § 55-161

Employees who are members of the Nebraska National Guard and are called into active state duty have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Public employees are entitled to limited paid military leave under Neb. Rev. Stat. § 55-160.

Nevada

Nev. Rev. Stat. Ann. §§ 412.139, 412.606, 683A.261

Employers may not discriminate against members of the Nevada National Guard and may not discharge any employee who is called into active service. A licensed producer of insurance who is unable to renew his or her license because of military service may request a waiver of the time limit and of any fine or sanction otherwise required or imposed because of the failure to renew.

Public employees are entitled to limited paid military leave under Nev. Rev. Stat. Ann. § 281.145.

New Hampshire

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

Members of the National Guard or militia called to active duty have the same leave and reinstatement rights and benefits guaranteed under USERRA. Employer may not discriminate against employee because of connection or service with National Guard; may not dissuade employee from enlisting by threatening job.

State public employees are entitled to limited paid military leave, and city employees may receive limited paid military leave under N.H. Rev. Stat. Ann. §112:9 and §112:10.

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New Jersey

N.J. Stat. Ann. §§ 38:23C-20, 38:23A-5

An employee is entitled to take unpaid leave for active service in the U.S. or state military services. Upon return, employee must be reinstated to the same or a similar position, unless employer's circumstances have changed to make reinstatement impossible or unreasonable. Employee may not be fired without cause for one year after returning from service. Employee is also entitled to take up to three months leave for training or assemblies relating to military service. Service members may apply within six months of military discharge to renew or reinstate a professional license that expired or lapsed during the time of service.

Public employees are entitled to limited paid military leave under N.J. Stat. Ann. § 38:23-1.

New Mexico

N.M. Stat. Ann. §§ 28-15-1 to 28-15-3

Members of the state National Guard or militia may take unpaid leave for service. Employee who is still qualified must be reinstated in former or similar position with no loss of status or seniority. Employee may not be fired without cause for one year after returning from service. Employer may not discriminate against or discharge employee because of membership in the National Guard; may not prevent employee from performing military service.

Public employees are entitled to limited paid military leave under N.M. Stat. Ann. § 20-4-7.

New York

N.Y. Mil. Law §§ 317, 251, 252, and 308-b

Members of the state military forces called up by governor and members of U.S. uniformed services are entitled to unpaid leave for active service; reserve drills or annual training; service school; initial full-time or active duty training. Returning employee is entitled to reinstatement to previous position, or to one with the same seniority, status, and pay, unless the employer's circumstances have changed and reemployment is impossible or unreasonable. It is illegal to discriminate against members of the military in employment decisions. Military members whose professional license, certificate or registration expires during the period of active duty, shall have such license, certificate or registration automatically extended for the period of active duty and for twelve months after such military personnel have been released from active duty.

Public employees have rights to limited paid military leave and retention of benefits under N.Y. Mil. Law §§ 242-243.

North Carolina

N.C. Gen. Stat. §§ 127A-201 and following, 127B-14

Members of the North Carolina National Guard called to active duty by the governor are entitled to take unpaid leave. Returning employee must be restored to previous position or one of comparable seniority, status, and salary; if no longer qualified, employee must be placed in another position with appropriate seniority, status, and salary, unless the employer's circumstances now make reinstatement unreasonable. Employer may not deny employment, promotion, or any benefit because employee is a member or enlists or serves in the state national guard; employer may not discharge employee called up for emergency military service.

According to N.C. Gen. Stat. § 127A-116, the governor shall promulgate appropriate policy and regulations relating to military leaves of absence for public employees.

North Dakota

No law for private employees.

Public employees are entitled to limited paid military leave and reemployment rights under N.D. Cent. Code § 37-01-25 and § 37-01-25.1.

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Ohio

Ohio Rev. Code Ann. §§ 5903.01, 5903.02, 5903.10

Employees who are members of the Ohio militia or national guard 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 have the same leave and reinstatement rights and benefits guaranteed under USERRA. A holder of an expired license or certificate from this state or any political subdivision or agency of the state to practice a trade or profession shall be granted a renewal of the license or certificate by the issuing board or authority at the usual cost without penalty and without re-examination if not otherwise disqualified because of mental or physical disability and if either of the following applies:

  1. The license or certificate was not renewed because of the holder’s service in the armed forces.
  2. The license or certificate was not renewed because the holder’s spouse served in the armed forces of the United States or a reserve component of the armed forces and the service resulted in the holder’s absence from this state.

Public employees are entitled to limited paid military leave under Ohio Rev. Code Ann. § 5923.05.

Oklahoma

Okla. Stat. Ann. tit. 44, §§ 71, 208, Okla. Stat. Ann. tit. 72, §§ 47, 48.1, 48.2

Employees called to state active duty in the Oklahoma National Guard have the same leave and reinstatement rights and benefits guaranteed under USERRA. Members of the National Guard may take leave to attend state national guard training, drills, or ceremony. Employer may not fire employee or hinder or prevent employee from performing military service. Private employers may elect provide differential pay to employees engaged in active service. Any license held by a member of the National Guard or reserve component of the armed forces that expires while the member is on active duty shall be extended until ninety (90) days after the member is discharged from active duty status.

Public employees are entitled to limited paid military leave under Okla. Stat. Ann. tit. 72, § 48.

Oregon

Or. Rev. Stat. §§ 659A.082, 659A.086

It is illegal to discriminate against members of the uniformed services. Members of state organized militia called into active duty by the governor may take unpaid leave for term of service. Returning employee is entitled to reinstatement with no loss of seniority or benefits including sick leave, vacation, or service credits under a pension plan.

Public employees are entitled to limited paid military leave under Or. Rev. Stat. § 408.290.

Pennsylvania

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

Employee who enlists or is drafted during a time of war or emergency called by the president or governor, or a military reservist, who is called into active duty, is entitled to unpaid military leave along with reservists called into active duty. Returning employee must be reinstated to same or similar position with same status, seniority, and pay. Employers may not discharge or discriminate against any employee because of membership or service in the military. Employees called to active duty are entitled to 30 days' health insurance continuation benefits at no cost.

Public employees are entitled to limited paid military leave under 51 Pa. Cons. Stat. Ann. § 4102.

Rhode Island

R.I. Gen. Laws §§ 30-11-2 to 30-11-6, 30-21-1

Members of state military forces and National Guard members on state active duty have the same leave and reinstatement rights and benefits guaranteed under USERRA. Employer may not discharge employee because of membership in the military, interfere with employee's military service, or dissuade employee from enlisting by threatening employee's job.

Public employees are entitled to limited differential pay while on active duty military leave under R.I. Gen. Laws § 30-6-5.

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South Carolina

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

Members of the South Carolina National Guard and State Guard called to state duty by the governor are entitled to unpaid leave for service. Returning employee must be reinstated to previous position or one with same seniority, status, and salary; if no longer qualified, must be given another position, unless employer's circumstances make reinstatement unreasonable.

Public employees are entitled to paid military leave under S.C. Code Ann. § 25-1-2250.

South Dakota

S.D. Codified Laws Ann. § 33-17-15.1A-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.

Recently the laws regarding public employees rights have been repealed. Consult a local attorney or your union to address your rights as a public employee.

Tennessee

Tenn. Code Ann. § 58-1-604

Employer may not refuse to hire or terminate an employee because of National Guard membership or because employee is absent for a required drill or annual training.

Public employees are entitled to limited paid leave and reemployment rights under Tenn. Code Ann. §§ 8-33-101 – 8-33-109, and Tenn. Code Ann. § 58-1-106.

Texas

Tex. Gov't. Code Ann. §§ 437. 204 and 437.213

Members of the state military forces called to active duty or training are entitled to unpaid leave. Returning employee is entitled to reinstatement to the same position with no loss of time, efficiency rating, vacation, or benefits unless employer's circumstances have changed so that reemployment is impossible or unreasonable. Employees called into state active duty or to state training and other duty by the governor, the adjutant general, or another proper authority under the law of this state is entitled to the same benefits and protections provided to persons:

  1. performing service in the uniformed services as provided by 38 U.S.C. Sections 4301-4313 and 4316-4319, as that law existed on April 1, 2003; and
  2. in the military service of the United States as provided by 50 App. U.S.C. Sections 501-536, 560, and 580-594, as that law existed on April 1, 2003.

Public employees are currently entitled to limited paid military leave under Tex. Gov't. Code Ann. § 437.202, with new amendments taking effect in September 2015. Contact an attorney or your union to discuss these new amendments. Additionally, reemployment rights for public employees can be found in Tex. Gov’t. Code Ann. §§613.001- 613.006.

Utah

Utah Code Ann. §§ 39-1-36

Members of 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 5 years of unpaid leave. Upon return, employee is entitled to reinstatement to previous employment with same seniority, status, pay, and vacation rights. Employer may not discriminate against an employee based on membership in armed forces reserves.

Public employees have rights to be free discrimination based on military status, and are entitled to reemployment and limited paid military leave under Utah Code Ann. §§ 39-3-1 - 39-3-2.

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Vermont

Vt. Stat. Ann. tit. 21, §§ 491- 493.

Permanent employees who are members of an organized unit of the national guard or the ready reserves and are called to active state duty or training with the U.S. military are entitled to unpaid leave. Employee must give 30 days' notice for U.S. training and as much notice as is practical for state duty. If still qualified, returning employee must be reinstated to former position with the same status, pay, and seniority, including any seniority that accrued during the leave of absence. Employer may not discriminate against an employee who is a member or an applicant for membership in the state or federal National Guard.

There is no separate state law for public employees.

Virginia

Va. Code Ann. §§ 44-93.2 to 44-93.4

Members of the Virginia National Guard, Virginia State Defense Force, or naval militia called to active state duty by the governor are entitled to take unpaid leave and may not be required to use vacation or any other accrued leave (unless employee wishes). Returning employee must be reinstated to previous position or one with same seniority, status, and pay. If the employee's position no longer exists, then the employee must be reemployed in to a comparable position, unless employer's circumstances would make reemployment unreasonable.

Public employees are entitled to limited paid military leave under Va. Code Ann. § 44-93, and may receive supplemental pay, health benefits, and additional life insurance benefits under Va. Code Ann. § 44-93.1.

Washington

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

Permanent employees who are Washington residents or employed within the state and who volunteer or are called to serve in the uniformed services have the same leave and reinstatement rights and benefits guaranteed under USERRA.

Public employees are entitled to limited paid military leave under Wash. Rev. Code Ann. § 38.40.060.

West Virginia

W.Va. Code §§ 15-1F-8, and 15-1F-1b

Employees who are members of the organized militia in active state service have the same leave and reinstatement rights and benefits guaranteed under USERRA. The running of any licensure or registration requirement, including, but not limited to, the payment of any license or registration fees of a licensing board or commission of the state shall be tolled during the period of absence for active duty for any member of the National Guard or other reserve component of the armed services of the United States until sixty days after the return of the member from active duty: Provided, That the service member shall be granted a period of time equal to the period of active duty to fulfill any continuing education requirements needed for licensure or registration.

Public employees are entitled to limited paid military leave under W.Va. Code § 15-1F-1.

Wisconsin

Wis. Stat. Ann. §§ 321.60, 321.64-66

Permanent employees who are called into federal active duty for 90 days or more are entitled to reinstatement after discharge from military duty to their previous position, or to one with the same seniority, benefits, and pay, unless the employee is no longer qualified, the period of active duty service was not longer than 5 years unless extended by law, or the employer's circumstances have changed and reemployment is impossible or unreasonable. An employer that reemploys under this section a person whose period of active state service lasted for more than 30 days, but less than 181 days, may not discharge the person within 180 days after the date of reemployment except for cause. An employer that reemploys under this section a person whose period of active state service lasted for more than 180 days may not discharge the person within one year after the date of reemployment except for cause. Additionally, extension of license benefits for service members are detailed in § 321.60, and leave benefits for civil air patrol service members are details in § 321.66.

Public employees are entitled to differential pay during military leave and reemployment benefits under Wis. Stat. Ann. § 230.315 and § 230.32.

Wyoming

Wyo. Stat. §§ 19-11-101 to 19-11-123

Employees who leave employment in order to perform service in the uniformed services shall be treated as being on military leave of absence during the period of service in the uniformed services, provided that he applies for reemployment in accordance with this act. Employee may use vacation or any other accrued leave but is not required to do so. Returning employee is entitled to reemployment with the same seniority, rights, and benefits, plus any additional seniority and benefits that employee would have earned if there had been no absence, unless employer's circumstances have changed so that reemployment is impossible or unreasonable, the military leave lasted for over 5 years, or the reemployment would impose an undue hardship. Employee is entitled to complete any training program that would have been available to employee's former position during period of absence. Employee may not be terminated without cause for one year after returning to work. Additionally, military service members receive extensions to renew professional licenses and registrations under these statues.

Public employees are entitled to limited paid military leave and reemployment benefits under Wyo. Stat. § 19-11-108. Additionally, state retirement, death and survivor benefits for military service members can be found under Wyo. Stat. §§ 19-11-115 - 19-11-117.


Current as of February 2005

This chart is a selection from Your Rights in the Workplace published by Nolo Press. For more complete information on this, and other job rights questions, order the book here.