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Military Duty Leave for Employees in Virginia

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

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

A member of the Virginia National Guard, the Virginia State Defense Force or the naval militia called to active duty are eligible to take leave without pay.

Reinstatement

Upon honorable release from state active duty or military duty, a member of the Virginia National Guard, Virginia State Defense Force or naval militia should make written application to his or her previous employer for reemployment:

  • within 14 days of his or her release from duty or from hospitalization following release if the length of the member's absence by reason of service in the uniformed services does not exceed 180 days; or
  • 90 days of his or her release from duty or from hospitalization following release if the length of the member's absence by reason of service in the uniformed services exceeds 180 days.

When released from duty, members should be restored to positions held by them when ordered to duty. If the office or position has been abolished or otherwise has ceased to exist during the leave of absence, they should be reinstated in a position of like seniority, status and pay if the position exists, or to a comparable vacant position for which they are qualified, unless to do so would be unreasonable.

These rules do not apply when the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services exceeds five years.

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