Observing Memorial Day With a Supportive Workplace for Veterans and Servicemembers

Quick Hits

• Memorial Day, celebrated on May 26, 2025, is a federal holiday. Many private businesses give workers paid time off.
• Memorial Day was established to honor and remember men and women who died while serving in the military.
• Employers can use many different approaches to help veterans and servicemembers feel included in the workplace.

Many private employers have employees who are in the National Guard, the Reserves, or previously served in the military. These individuals may bring unique skills to their civilian jobs, including mission focus, leadership, and attention to detail, honed through their military experience.

Sometimes employees must take leaves of absence when they are called to active duty. The Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to guarantee job protections for up to five years for employees called to active duty with the U.S. Army, Navy, Marine Corps, Air Force, and Coast Guard Reserves; the Army National Guard and Air National Guard; and the Commissioned Corps of the Public Health Service. The five years is a cumulative total with one employer.

USERRA ensures that servicemembers can return to their civilian jobs with the same status, pay, and seniority they would have attained had they not been absent for military service. It is illegal for an employer to discriminate or retaliate against a worker for exercising their USERRA rights, including taking time off for military service.

State-level laws vary on the required leave, benefits, and reemployment rights for employees called to serve in the military. USERRA and the state-level laws establish the minimum standards for supporting military employees. However, many employers go above and beyond these requirements, offering additional benefits to support and retain their military employees. This may include enhanced leave policies, financial support during deployment, and dedicated programs to assist with reintegration into the civilian workforce upon return.

Offering flexibility and support for family members while employees are on deployment can alleviate stress and demonstrate the company’s commitment to its employees’ well-being.  Additionally, providing comprehensive military leave support and benefits, such as salary continuation during military leave or differential pay, can make a significant difference in retaining these workers.

On January 21, 2025, the Trump administration issued an executive order to scrutinize diversity, equity, and inclusion (DEI) initiatives in the public and private sector, but the order explicitly says it does not apply to employment preferences for veterans.

Strategies for Supporting Servicemembers and Veterans

Employers may consider these strategies for creating a workplace culture that is supportive of servicemembers and veterans:

• Ensuring compliance with USERRA and applicable state or local laws regarding leave, benefits, and reemployment rights for employees serving in the military.
• Ensuring compliance with the Americans with Disabilities Act (ADA), including assessing whether the company is providing reasonable accommodations for employees who have service-related disabilities.
• To foster a sense of community, forming an affinity group or resource group for veterans and servicemembers.
• Facilitating mentoring between new employees and longstanding employees who share a history of military experience.
• In recruiting efforts, reaching out to veterans’ groups and job fairs for veterans.
• Contacting one of the U.S. Department of Labor’s (DOL) Regional Veterans’ Employment Coordinators for help with recruiting service members, veterans, and military spouses.
• Reading the DOL’s employer guide for hiring veterans.
• Using internal corporate communications, such as emails, newsletters, or social media, to acknowledge and celebrate Memorial Day and Veterans Day each year. Consider celebrating and highlighting the service of veterans in the workforce.
• Permitting employees to request time off to attend Memorial Day and Veterans Day observances and to participate in veterans’ functions and family gatherings.
• Hosting a voluntary webinar or educational program about the history of Memorial Day or the contributions of veterans and servicemembers at your organization.
• Sending a card to employees who are members of Gold Star Families, which are families who have lost a family member in military service.
• Reminding workers about the mental health services included in a health plan, employee assistance plan, or other employee benefits that may offer resources for common military service-related issues.

Ogletree Deakins will continue to monitor developments and will provide updates on the Diversity, Equity, and Inclusion Compliance and Leaves of Absence blogs as new information becomes available.

Michael Oliver Eckard is a shareholder in Ogletree Deakins’ Charleston and Atlanta offices.

Kevin B. Piercy is a shareholder in Ogletree Deakins’ Fresno office.

This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office. Follow and Subscribe
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