Military Leave Law

A Note describing the leave and reemployment rights of military service members and their families, and private employers' related obligations under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Family and Medical Leave Act of 1993 (FMLA). This Note addresses a private employer's duty under federal law to provide leave to military service members and their families and to reemploy military service members following military service leave. For information on state law requirements, see the State Q&A Tools under Related Content.

This resource is being updated to reflect the US Supreme Court's decision in Obergefell v. Hodges, Nos. 14-556, 14-574, 14-562 and 14-571, 2015 WL 2473451 (June 26, 2015), which held that same-sex couples have the right to marry in all states and a state may not refuse to recognize a lawful same-sex marriage performed in another state based on its same-sex character (see Legal Update, Supreme Court's Recognition of Same-sex Marriage Raises Benefits and Employment Law Issues).

Harold P. Coxson, Ogletree Deakins Nash Smoak & Stewart P.C., with Practical Law Labor & Employment


 

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