employmentstate

Paid Military Leave for Public Employees — 21 Workdays, and a Pay Differential on Top

A Guard or reserve member employed by the Commonwealth or one of its political subdivisions gets up to 21 paid workdays per federal fiscal year for federally funded military duty, with no loss of seniority or accrued leave. Local governments may also pay the difference between regular pay and military pay.

Verified August 23, 2026

What this benefit is

What it's worth: Up to 21 paid workdays a federal fiscal year — up to 388 work hours for professional firefighters

The 21 workdays are paid at regular employer pay, with no loss of seniority, accrued leave or efficiency rating.
Professional firefighters are treated differently: paid leave for all work hours during military duty, not to exceed 388 work hours in a year.
The pay differential is permissive for local governments, not mandatory. § 44-93 says they may pay all or any portion of the difference between regular pay and military pay; § 44-93.1 carries the same idea for reservists and Guard members called to federally funded duty.

Who is entitled to it

You serve in the National Guard or the reserves.
You work for the Commonwealth or one of its political subdivisions.
The leave belongs to the serving employee.
Your home is in Virginia.

Not sure whether that describes you?

Answer a few questions about this benefit specifically — we only ask what this one actually depends on, and we stop as soon as we know.

How to claim it

Deadline: When orders are issued

1Count the year the way the statute does — the federal fiscal year, not the calendar year and not your employer’s leave year.
2Give your employer the orders. The leave attaches to federally funded military duty, so the orders are what establish it.
3Do not let this be charged to vacation. The 21 workdays are leave in their own right, with no loss of regular employer pay.
4Check your seniority and accrued leave when you get back. The statute protects both, along with efficiency ratings, across the absence.
5If you are a professional firefighter, ask for the hours figure rather than the days figure: paid leave for all work hours during duty, capped at 388 work hours a year.
6If your military pay is lower than your civilian pay on an extended call-up, ask your local government whether it pays the difference. It is allowed to and is not required to, so the answer is your employer’s policy rather than the statute.
7On return, expect restoration to your position, or if it has been abolished, to a position of like seniority, status and pay, or a comparable vacancy you can perform.

Form: Your employer’s military leave request, with a copy of your orders
File with: Your agency or local government human resources office
Annual: Claimed once a year.

CorrectionThe pay differential is not automatic. § 44-93 and § 44-93.1 permit an employer to top military pay up to the civilian salary; neither compels it. Ask for the policy in writing rather than assuming the top-up will appear.

Worth knowingThe firefighter carve-out is measured in hours because firefighter shifts are not workdays. 388 work hours against a 24-hour shift pattern is a very different allowance from 21 days.

Known gapPrivate-sector employment is governed by § 44-93.2 and by federal reemployment law, neither of which was read this session. This record covers public employment only.

Sources

This finder provides an informational match, not a government eligibility determination. The responsible agency decides your application.