When is military leave with pay granted?

Military leave with pay is available to employees who are members of the reserve components of the U.S. Armed Forces, including the Tennessee National Guard.

Standard Military Leave

• Up to 20 regularly scheduled workdays per calendar year with pay are granted for duty or training performed under competent orders.
• Holidays and off-duty days do not count toward the 20 workdays.
• After 20 paid workdays, employees may use up to 5 sick days instead of annual leave to avoid unpaid leave.
• Servicemembers must provide credible documentation (such as competent orders) as soon as possible or practicable to receive this paid benefit.

U.S. Air Force Auxiliary Civil Air Patrol

• Up to 15 paid workdays per calendar year are granted for training or emergency services when requested by the wing commander or their designee.
• Defined under Tenn. Code Ann. §§ 42-7-102 and 58-2-101.

Call to Active State Duty (Tennessee National Guard)

• The Governor may order members of the Tennessee National Guard into active service under Tenn. Code Ann. §§ 58-1-106 or 58-1-108.
• Employees called to active state duty receive full pay for the entire period of service.
• Employees retain service time, annual leave, and sick leave and do not lose benefits.
• This time does not count against leave provided under Tenn. Code Ann. § 8-33-109.
• Upon returning, employees are reinstated to their previous position.

Call to Full-Time Military Duty (Reserve or National Guard)

• Under Tenn. Code Ann. § 58-1-121, employees ordered to or retained on active duty during a contingency operation are entitled to special leave with partial pay for up to one (1) year.
• Partial pay equals the difference between the employee’s State salary and their active-duty pay, ensuring benefits remain active.
• Partial pay is taxable income but not counted toward retirement, life insurance, or severance pay.
• Employees in a nonpaid military status for conduct-related reasons are not eligible for partial pay.

For more information, visit the State of Tennessee Attendance and Leave Manual.