Military Leave
There may come a time when you are faced with an employee who may need leave
time to serve in the military. All employers, regardless of size, must provide
military leaves of absences to employees. The rules governing your employees'
rights are set forth in both federal
and state
law.
What about reservists? As a private (i.e. nongovernmental) employer,
you do not have to pay reservists during the period they are on active duty.
While some employers have a policy that pays reservists the difference between
their regular salary and their military pay, you are under no obligation to do
so.
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Recognizing the impact that losing a key employee may have on
a small business, the Small Business Administration (SBA) offers
the Military Reservist Economic Injury Disaster Loan (MREIDL)
Program. Under this program, the SBA provides low interest loans
(no more than 4 percent) to small businesses when they are
unable to meet their ordinary and necessary operating expenses
and financial obligations because an essential employee is
called to active military duty from the reserves. However, a
MREIDL cannot be used to cover lost income or profits, to
replace regular commercial debt, to refinance long-term debt, or
to expand the business.
To obtain a MREIDL application, please contact the SBA
Disaster Area Office that serves your state or territory.
For more information on programs offered by the SBA, visit the SBA's
website.
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Notice requirements. Also, you should note that reservists generally
must give you advance notice prior to leaving for active duty, except if
military necessity prevents them from doing so.
You also may choose to have a policy that makes clear what employees need to
do to request military leave.
