Military Duty Leave of Absence Clause
(Collective Bargaining Agreement)

Summary

This clause is a Leave of Absence Clause – Active Military Duty (Collective Bargaining Agreement) that confirms employees’ right to military leave under the federal Uniformed Services Employment and Reemployment Rights Act and state or local law, if any. It is intended for inclusion in a collective bargaining agreement between an employer and the union representing its employees. It contains practical guidance, drafting notes, and an alternate clause. This clause is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. For more information on military leave, see the Military Leave practice notes page. Also see 10 Labor and Employment Law § 261.02, subsection [1]—Military Leave: Uniformed Service Employment and Reemployment Rights Act of 1994. For information on state laws governing military leave, see the Family, Medical, Sick, Pregnancy, and Military Leave row of Attendance, Leaves, and Disabilities State Expert Forms Chart. For information generally on the collective bargaining process, see Good Faith Bargaining when Negotiating CBAs and Mandatory, Permissive, and Illegal Bargaining Subjects: Key Considerations.