Is an employer required to pay an employee while the employee is on military duty?

Answer:

While many employers take the commendable step of providing all or part of employees’ pay while they perform military service, there is no obligation under Uniformed Services Employment and Reemployment Rights Act for them to do so.

Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

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Last Updated: 01/28/2008