Reservist leave is time off granted to employees who serve in the military reserves and need to attend training, exercises, or respond to a deployment. In the UK, the Reserve Forces (Safeguard of Employment) Act 1985 provides legal protection for reservists, ensuring they can fulfil their military duties without losing their civilian jobs. The Ministry of Defence reported that approximately 35,000 reservists were called up for duty during the COVID-19 pandemic alone, demonstrating the critical role reserves play in national security (MOD, 2023).
Whether you are an employee who serves in the reserves or an HR manager managing reservist staff, understanding the rights, obligations, and pay rules around reservist leave prevents costly mistakes and ensures compliance.
Key Takeaways
- Reservist leave covers time off for military training, exercises, and deployments for members of the reserve forces.
- The UK Reserve Forces (Safeguard of Employment) Act 1985 protects reservists’ civilian employment and entitles them to paid leave for certain duties.
- Employers cannot dismiss or discriminate against employees for being reservists under the Equality Act 2010 (as amended 2014).
- In the US, USERRA provides similar protections for employees who serve in the National Guard or Reserve components.
- Reservists are typically entitled to the difference between their military and civilian pay during active service.
What Is Reservist Leave?
Reservist leave is a form of special leave that allows members of the military reserves — part-time military personnel who can be called upon for active duty — to attend training, exercises, or respond to operational commitments without jeopardising their civilian employment.
In the UK, the reserve forces include the Army Reserve, Royal Naval Reserve, Royal Air Force Reserve, and the British Army’s Specialist Group. Reservists typically commit to a minimum of 27 days of annual training, plus a two-week annual camp. When activated for operations or exercises beyond their normal commitment, they require time away from their civilian jobs.
The concept is straightforward: you serve part-time, your employer accommodates your military duties, and the law protects both parties. But the details matter — especially around pay, notice periods, and what happens when you return.
UK Law: The Reserve Forces (Safeguard of Employment) Act 1985
The Reserve Forces (Safeguard of Employment) Act 1985 is the primary legislation governing reservist leave in the UK. Key provisions include:
Employer Obligations
- Grant leave for annual training. Employers must grant reservists time off for their annual training commitment (typically two weeks for annual camp and additional days for specialist training). This leave is paid at the employee’s normal rate (MOD, Reserve Forces Act).
- Grant leave for mobilisation. When a reservist is mobilised for active service, the employer must release them. Mobilisation orders are issued by the Defence Council and can last up to 12 months (extendable to 18 months with ministerial approval).
- Maintain employment. The employer must keep the reservist’s job (or an equivalent role) available for when they return. Dismissing an employee for attending reserve duty is unlawful.
- Pay the difference. During annual training leave, the employer pays the difference between the reservist’s military pay and their normal civilian earnings, ensuring they are not financially disadvantaged.
Employee Protections
- Right to reinstatement. After mobilisation, reservists have the right to return to their former role or a suitable alternative. This mirrors the protections for employees returning from maternity leave.
- Protection from discrimination. The Equality Act 2010 (as amended by the Defence Reform Act 2014) makes it unlawful to discriminate against someone because they are a reservist. This covers recruitment, promotion, training, and dismissal.
- Unfair dismissal protection. Dismissing a reservist because of their reserve service is automatically unfair dismissal, regardless of length of service.
Notice Requirements
| Event | Notice to Employer | Duration |
|---|---|---|
| Annual training (2 weeks) | At least 28 days before | Up to 14 days per year |
| Additional training days | As soon as practicable | Varies by commitment |
| Mobilisation order | As soon as received | Up to 12 months |
| Extended mobilisation | With the order | Up to 18 months |
US Law: USERRA (Uniformed Services Employment and Reemployment Rights Act)
In the United States, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides comprehensive protections for employees who serve in the National Guard, Reserve components, or state militia (DOL, USERRA):
- Employment protection. Employers must reemploy returning servicemembers to the position they would have attained had they remained continuously employed, or a position of like seniority, status, and pay.
- Health insurance continuation. Employees can continue employer-sponsored health insurance for up to 24 months during military service.
- No retaliation. Employers cannot deny initial employment, reemployment, retention, promotion, or any benefit of employment based on military service.
- Training leave. USERRA does not mandate paid leave for routine weekend drills or annual training, but employers cannot penalise employees for attending these obligations.
Pay Rules for Reservists
Pay during reservist leave varies by jurisdiction and duty type:
United Kingdom
| Duty Type | Military Pay | Employer Pay | Total |
|---|---|---|---|
| Annual training (2 weeks) | MOD pays normal military rate | Employer tops up to civilian salary | Full civilian salary |
| Mobilisation (active duty) | MOD pays active service rate | Employer tops up to civilian salary for first 12 months | Full civilian salary |
| Weekend drills | MOD pays training rate | No employer obligation (typically unpaid) | Military training rate |
| Voluntary additional training | MOD pays training rate | No employer obligation | Military training rate |
United States
USERRA requires employers to pay the difference between military and civilian pay for up to five years of cumulative service in many cases. However, the five-year cap has exceptions for involuntary activations and certain training requirements. Weekend drill pay and annual training pay are governed by the specific military branch’s compensation structure.
Frequently Asked Questions
Do I get paid during reservist leave?
In the UK, yes — for annual training and mobilisation, your employer must pay the difference between your military and civilian pay so you are not financially disadvantaged. In the US, USERRA provides reemployment rights but does not mandate employer pay during training, though many employers choose to offer differential pay.
Can my employer fire me for being a reservist?
No. Both the UK Reserve Forces (Safeguard of Employment) Act 1985 and the US USERRA make it unlawful to dismiss or discriminate against employees because of their reserve service. Dismissal for attending reserve duty is automatically unfair in the UK.
How much notice do I need to give my employer for reservist leave?
For UK annual training, you must give at least 28 days’ notice. For mobilisation, you should notify your employer as soon as you receive the order. In the US, the standard notice requirement under USERRA is that the employee provides advance notice of service when possible, though there is no fixed notice period for involuntary activations.
What happens to my job when I return from deployment?
In the UK, you have the right to return to your former role or a suitable alternative with equivalent pay, status, and seniority. In the US, USERRA requires reemployment to the position you would have held if your employment had been continuous, with seniority, status, and pay determined accordingly.
This article is general information, not legal advice. Consult a qualified employment lawyer for guidance on your specific jurisdiction and circumstances.
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