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Military Duty Leave for Employees in Georgia

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Georgia employers must provide employees with leave for military duty in accordance with these state rules.

In Georgia, to be eligible for military leave, the employee must be in other than a temporary position.

Reinstatement

Employees in private industry in Georgia, other than those in temporary positions, who leave for military service are to be restored to their position or similar position of like seniority, status and pay when:

  • they apply for reinstatement within 90 days of leaving military service;
  • they are qualified to perform the job; and
  • they possess a certificate of completion.

Reemployment, however, may be denied if the employer's circumstances have so changed as to make it impossible or unreasonable to reemploy the employee.

This job protection is applicable for annual training duties and for six months in any four-year period to attend service school. Members of the state militia or reserve forces also have this job protection.

Prohibited Discrimination

If a member of the military is discharged or suspended because of membership in the military, the person must be reemployed, if still qualified to perform the job and if the employee applies for reemployment within 10 days after discharge or suspension, or 10 days after military duty is completed.

Restored employees are considered as having been on furlough or leave and are reemployed without loss of seniority and are entitled to participate in insurance or other benefits offered by the employer. The individual may not be discharged, except for cause, within one year of restoration.

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