Military Family Leave

An employee whose spouse has received an impending call to active duty during a period of military conflict may take up to 15 days of job-protected leave from work.

Their spouse must be a member of the armed forces or National Guard to be eligible. This leave also applies to reservists who have been called to active duty.

To qualify:

  • Employees must work an average of 20 or more hours per week.
  • Leave must be taken prior to or during deployment.
  • Employees can use any combination of accrued paid time off, or unpaid leave.
  • Employees must notify their employer within five business days of receiving notice of deployment.

Leave for certain emergency service personnel

Employers with 20 or more full-time employees must allow certain emergency service personnel to arrive late and be absent from work when working at, or returning from, a fire alarm or emergency call.

Participating in training or other nonemergency activities is not protected.

Military Families & Certain Emergency Service Personnel Leave

Emergency service personnel with rights to leave work or arrive late in connection with their emergency services include:

  • Volunteer firefighters
  • Reserve officers
  • Members of the Civil Air Patrol

An employer cannot retaliate against fire or discipline qualified employees for using this leave. Employees are protected regardless of any reimbursement they receive or if they get a call at work or elsewhere.

Additional Resources