Employees must be available to return to work within specific time limits based on the length of their service, as outlined in 20 C.F.R. § 1002.115:
- 1–30 days of service (or fitness exams): Report by the start of the next regularly scheduled work period after travel home and an 8-hour rest.
- 31–180 days of service: Apply for reemployment (written or verbal) within 14 days of completing service.
- More than 180 days of service: Apply for reemployment within 90 days, unless circumstances make this impossible or unreasonable.
Employees returning from service over 30 days may be asked for documentation confirming timely application, eligible service duration, and non-disqualifying separation.
Note: These provisions don’t apply to requests for military leave with pay (see Section 11.03). Documentation of completed military service is always required.
Agencies must promptly reinstate employees upon application per 20 C.F.R. §§ 1002.180–181.
A. Appointing Authority’s Responsibility
The appointing authority determines eligibility for military leave without pay and advises employees of their rights, responsibilities, and benefits.
Final separation forms must be sent to DOHR if the employee exceeds the time limit for reemployment under Tenn. Code Ann. § 8-33-102 or 38 U.S.C. § 4312.
B. Retention and Continuation of Benefits
While on military leave without pay, employees retain all employment-based benefits held at the start of service, plus those that would have accrued under 20 C.F.R. § 1002.210, including:
- Accumulated annual and sick leave
- Retirement status and seniority credit
- Service credit for longevity (if applicable)
Employees may elect immediate continuation of insurance coverage under the same conditions as before military leave.
Federal law also allows servicemembers to use accrued annual leave instead of unpaid leave if they choose, but supervisors cannot require it (38 U.S.C. § 4316(d)).
C. Reinstatement After Military Service
- Service less than 91 days: Reemployment in the position the employee would have attained (“escalator position”).
- Service over 90 days: Reemployment in the escalator position or a position of like seniority, status, and pay.
- The employee must be qualified, and the employer must make reasonable efforts to assist with requalification.
D. Additional Leave for Service-Connected Disability
Employees with a service-connected disability of 30% or more receive 36 hours of leave per year for appointments related to the disability.
- This leave cannot be carried forward to the next year.
- The leave year runs July 1–June 30.
- Employees must provide documentation or submit a Service-Connected Disability Leave Attestation Form and proof of appointment.
- Timesheets for this leave should be coded as Veterans Sick Leave (VSL).
For more information, visit the State of Tennessee Attendance and Leave Manual.
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