Table of Contents
Overview
Employer Coverage
Employee Eligibility
Qualifying Absence Reasons and Leave Duration
How Leave Can be Taken
Certification Requirements
Pay and Benefits
Interaction with Other Laws
Employee and Employer Responsibilities
Resources
Overview
Arizona Military Leave offers eligible employees unpaid, job-protected time away from work when called to active duty or training under competent military orders, as a member of the National Guard (Arizona or any other state) or the United States armed forces reserves, without loss of employment and certain employment privileges such as vacation and seniority rights.
💡 Members of other branches of the U.S. armed forces who are not serving in the National Guard or reserves are covered by federal USERRA rather than this state law.
AbsenceSoft Policies
Arizona Military Leave is configured in AbsenceSoft with the policy code and naming below:
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Arizona Military Leave AZ-MIL
Legislation codes and statutes
The information presented in this guidance relates to the following legislative codes. Links to the specific legislation can be found within the 'Resources' section of this document:
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Arizona Revised Statutes Title 26, Chapter 1, Article 3, Sections 168-168 (Ariz. Rev. Stat. §§ 26-167 — 26-168 )
Employer Coverage
All private employers in Arizona, regardless of size.
Exclusions:
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State agencies, counties, cities, towns, and other political subdivisions of Arizona.
💡 Public-sector employers are subject to a separate military leave law under A.R.S. § 38-610 with distinct paid-leave provisions, which is not addressed in this guidance.
Employee Eligibility
The employee must be a member of the National Guard of Arizona or any other state, or the United States armed forces reserves, acting under competent military orders of the state or the United States.
Exclusions:
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Members of other branches of the U.S. armed forces who are not serving in the National Guard or reserves are not covered by this law and should be evaluated under federal USERRA.
Qualifying Absence Reasons and Leave Duration
The law does not establish a statutory maximum leave duration for private-sector employers. Leave is granted for a reasonable period corresponding to the length of the employee's military orders.
Military
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Active Duty: Active duty service under competent military orders of the state or the United States.
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Reserve Training: Training under competent military orders of the state or the United States.
How Leave Can be Taken
The law does not specify how leave may be taken. Employers will want to consult on the best approach for their organization. Typically, employers may offer consecutive, intermittent, or reduced schedule for any qualifying reason.
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Consecutive leave: A continuous, uninterrupted period of leave taken for a single qualifying reason.
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Intermittent leave (for reserve training): Leave taken in separate, sometimes unpredictable, blocks of time (either hours, days or weeks) between the start and end dates of leave.
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Reduced schedule: A reduction to the employees' work schedule that results in either fewer hours per day or fewer days per week. A reduced schedule is consistent from one week to the next.
Certification Requirements
The law does not reference any verification or documentation requirements for private-sector employers. Employers should consult internally for the best approach for their organization.
💡 Because servicemembers covered by this law are also afforded protections under federal USERRA, employers may need to cross-reference USERRA requirements to determine an appropriate approach for verification of service or reemployment documentation.
Pay and Benefits
Leave is unpaid. Where state pay benefits are involved with other law interactions, such as state-mandated paid leave programs, employers will want to consider where PTO/employer-paid benefit application should occur.
Use of Paid Time Off (PTO)/Employer Benefits
The law does not require or prohibit substitution of accrued paid leave. Employers may allow, but may not require, employees to use accrued paid leave during military leave.
Job Protection
Employees may not lose seniority or precedence while absent under competent military orders. On return to employment, the employee must be returned to their previous position, or to a higher position commensurate with the employee's ability and experience, as seniority or precedence would otherwise entitle them.
The leave of absence may not affect vacation rights the employee would otherwise have; however, the employer need not count the period of absence as a period of work when determining eligibility for vacation and the amount of vacation pay to which the employee is entitled.
Other Protections
Employers may not refuse to allow eligible employees to take leave under this law. A violation is a class 1 misdemeanor, prosecuted by the county attorney in superior court.¹
Separately, a member of the National Guard may not, because of membership or absence from employment under competent military orders, be deprived of employment or prevented or obstructed from obtaining employment in their trade, occupation, or profession. No person may be dissuaded from enlisting in the military forces of the state or the United States by threat of, or actual infliction of, physical punishment or economic damage. A violation is a class 2 misdemeanor.²
Benefits
The law does not address health or other benefit continuation for private-sector employers. Employers should refer to protections available under federal USERRA.
Interaction with Other Laws
Where an employee's military service qualifies for leave under this law, the following federal protections run concurrently.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
AZ-MIL may interact with USERRA depending who called the servicemember to duty. State-level calls from the governor do not always invoke USERRA. ³
Employee and Employer Responsibilities
Employee Responsibilities
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Employees must be acting under competent military orders of the state or the United States to qualify for leave; and
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Follow employer policies and procedures for time off reporting.
Employer Responsibilities
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There are no posting requirements specific to this law; and
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Grant an unpaid leave of absence to eligible employees ordered to active duty or training, and reinstate employees per statutory requirements upon their return.
Resources
Arizona State Legislature — A.R.S. § 26-168: https://www.azleg.gov/ars/26/00168.htm
Arizona State Legislature — A.R.S. § 26-167: https://www.azleg.gov/ars/26/00167.htm
Arizona State Legislature — House Bill 2663 (57th Legislature, 2nd Regular Session, 2026), House Engrossed: https://www.azleg.gov/legtext/57leg/2R/bills/HB2663H.htm
¹ A.R.S. § 26-168(E).
² A.R.S. § 26-167.
³ A.R.S. § 26-168(D).