Reservist and military reserve leave is authorised absence from work for employees who serve in the military reserves and need to attend training, exercises or active service. It recognises the important contribution that reservists make to national defence while maintaining their civilian employment. In most jurisdictions, reservists are entitled to paid or unpaid leave for reserve duties, and employers are prohibited from dismissing or penalising employees for their reserve service. The protections are well established in the UK, Australia and the US.
Key Takeaways
- In the UK, reservists are entitled to up to 14 days of paid leave per year under the Reserve Forces (Safeguard of Employment) Act 1985
- In Australia, reserve service leave is governed by the Defence Act and enterprise agreements
- In the US, the Uniformed Services Employment and Reemployment Rights Act (USERRA) provides comprehensive protection for military leave
What Is Reservist Leave?
Reservist leave is absence from work for employees who are members of the military reserves and need to fulfil their military obligations. This can include regular training weekends, annual training camps, exercises, deployments and active service. Reservists are civilians who maintain a parallel military role, typically committing to a set number of training days per year in addition to the possibility of being called up for active service.
The purpose of reservist leave is to ensure that employees are not disadvantaged in their civilian careers because of their military service. Without legal protections, employers might be reluctant to hire reservists or might penalise them for their reserve commitments. The leave recognises that national defence is a collective responsibility and that reservists should not have to choose between their military duties and their employment.
Reservist leave is distinct from other forms of military leave. It applies specifically to reserve forces — members of the army reserve, naval reserve, air force reserve and similar formations — rather than full-time military personnel. The leave may be for short periods (such as training weekends) or longer periods (such as annual camps or active deployments).
The entitlement varies by jurisdiction. In the UK, the Reserve Forces (Safeguard of Employment) Act 1985 provides the framework for reservist leave. In the US, USERRA provides comprehensive protections. In Australia, reserve service leave is addressed through a combination of legislation and enterprise agreements.
Who Is Eligible for Reservist Leave?
United Kingdom
Under the Reserve Forces (Safeguard of Employment) Act 1985, reservists who are employees are entitled to reasonable paid time off for reserve force training. The entitlement is up to 14 calendar days of paid leave per year for training purposes. For longer periods of active service, reservists may be entitled to additional leave, including a period of reintegration leave upon return. Employers cannot dismiss or subject employees to detriment because of their reserve service.
Australia
Under the Defence Act 1903 and related legislation, members of the Australian Defence Force reserves are entitled to reserve service leave. This includes paid leave for training and exercises. Enterprise agreements in the public and private sectors may provide additional entitlements. The Australian Government’s Defence Reserve Service Leave scheme supports employers by providing reimbursement for employee wages during reserve service.
United States
The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides comprehensive protections for employees who serve in the uniformed services, including the reserves. USERRA entitles employees to up to five years of cumulative military leave, during which they retain their employment rights, benefits and seniority. Employers must reemploy returning reservists in the position they would have obtained had they remained continuously employed. USERRA also prohibits discrimination against reservists in hiring, promotion and other employment decisions.
Reservist Leave Entitlements by Country
| Country | Entitlement | Pay | Key Detail |
|---|---|---|---|
| UK | Up to 14 days per year for training | Paid at normal rate | Reserve Forces (Safeguard of Employment) Act 1985 |
| AU | Reserve service leave | Paid | Government reimbursement available for employers |
| US | Up to 5 years cumulative | Employer-paid for first period | USERRA provides comprehensive reemployment rights |
How to Request Reservist Leave
- Provide advance notice — give your employer reasonable notice of your reserve commitments, including training weekends and annual camps.
- Submit documentation — provide your employer with a copy of your call-up notice or training schedule.
- Agree on coverage — discuss with your manager how your duties will be covered during your absence.
- Use the leave as notified — attend your reserve commitments as scheduled.
- Report your return — upon completion of your reserve service, report back to your employer and resume your duties.
Employer Obligations for Reservist Leave
- Grant the leave — employers must release reservists for their military obligations and cannot refuse reasonable requests
- Pay during leave — comply with statutory requirements for paying employees during reserve service
- Do not dismiss — it is unlawful to dismiss or penalise employees because of their reserve service
- Reemploy returning reservists — in the US, USERRA requires employers to reemploy returning reservists in the position they would have obtained
- Maintain benefits — employees on reservist leave should continue to accrue benefits, including annual leave and pension contributions
Common Mistakes
- Penalising employees for their reserve commitments through schedule changes, performance reviews or promotion decisions
- Failing to provide advance notice of the need for leave, which can cause operational difficulties
- Not recognising that reservist leave applies to all employees regardless of their role or seniority
- Failing to plan for the employee’s return to work after a period of active service
- Applying absence management triggers to reservist leave absences
FAQ
What is reservist leave?
Reservist leave is time off work for employees who serve in the military reserves and need to attend training, exercises or active service. The entitlement varies by jurisdiction, with strong statutory protections in the UK, Australia and the US.
Is reservist leave paid in the UK?
Yes. Under the Reserve Forces (Safeguard of Employment) Act 1985, reservists are entitled to up to 14 calendar days of paid leave per year for training purposes. For longer periods of active service, additional leave may be available.
Can I be fired for being a reservist?
No. In the UK, Australia and the US, it is unlawful to dismiss or penalise employees because of their reserve service. USERRA in the US provides particularly comprehensive protections, including reemployment rights after military service.
How much notice do I need to give my employer?
You should provide reasonable notice of your reserve commitments. In the UK, the standard expectation is to give at least two weeks’ notice for training weekends and longer notice for annual camps or deployments. Check your employer’s policy and your reserve service documentation.
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