HR-405 Military Leave

Summary

Any University of è��app employee who is or becomes a member of the Armed Forces of the State or of the United States will be granted a leave of absence for military service. The leave can be for voluntary or involuntary enlistment, during which time the employee is engaged under official orders in the performance of duty or training subject to limitations as stated below. Armed Forces shall include the Air Force, Army, Marines, Navy, Coast Guard, National Guard or any reserve component, reserve units, commissioned corps of the Public Health Service and any other category of persons designated by the President in time of war or emergency.

HR Policy Provisions

Eligibility
1. Any University of è��app employee who becomes a member of the armed forces will be granted a military leave of absence. This includes fully benefit-eligible academic, benefit-eligible administrative, service and support, variable hour, probationary and student employees. Service in the uniformed services means duty on a voluntary or involuntary basis in a uniformed service, including: active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, absence from work for an examination to determine a person's fitness for any of these types of duty.
2. Any employee ordered to report for a pre-induction physical examination, whether as a volunteer or a draftee, shall be excused with pay for time required to complete the physical examination, not to exceed one scheduled workday (prorated for less than 100 percent FTE employees) during the first five (5) days of their normal workweek, provided proper evidence of notice to report is submitted to the employee's supervisor. The employee is to return to work the first regularly scheduled workday that would fall eight (8) hours after the person returns home.
Regular Active Duty
1. A fully benefit-eligible academic, benefit-eligible administrative, service and support, variable hour or probationary employee entering the Armed Forces for regular active duty will be granted a military leave of absence without pay for the initial term of military service up to a period of five (5) years.
2. An employee granted a military leave of absence without pay shall be restored to the employee's former position or, at the discretion of the University, to another position for which the employee is qualified; if the discharge or leave is under honorable conditions; and the employee requests reemployment and returns to work as follows:
  1. Annual training sessions and emergency mobilizations of one to 30 days – the first regularly scheduled workday that would fall eight (8) hours after the person returns home.
  2. Emergency mobilizations for periods of 31 days to 180 days – an application for reemployment must be submitted no later than 14 days after completion of service.
  3. Emergency mobilizations for periods of 181 days or more – an application for reemployment must be submitted no later than 90 days after completion of service; and the employee is qualified to perform the duties of the position. In the event an employee becomes physically or mentally unqualified to perform the duties of the former position, the employee shall be offered employment in a position for which they are qualified. The reporting deadline is extended for up to two (2) years for persons hospitalized or convalescing because of a service-connected illness or injury.
  4. An employee returning from a military leave of absence shall be compensated at the rate of pay they would have received had they continued working during the period of leave. All time spent on a military leave of absence will be counted with previous University experience in calculating seniority and compensation (longevity).
  5. Probationary Employees – An employee who has not completed their probationary period as of the date of military leave shall, upon completion of military service, be returned to their former position, or, at the discretion of the University, to another position for which they qualify as a probationary employee. Once the employee has satisfactorily completed the probationary period, they are entitled to compensation and benefits for the period of military leave as specified above.
Reserve Training
1. A fully benefit-eligible academic, benefit-eligible administrative, service and support, variable hour or probationary employee who enlists in the National Guard, a National Reserve or commissioned corps of the Public Health Service, or in the Army, Navy, Marine Corps, Air Force or Coast Guard will be granted a military leave of absence with pay if they are ordered to attend an initial period of active duty for training. Compensation for such leave shall not exceed a total of 15 scheduled working days (prorated for less than 100 percent FTE employees).
2. An employee granted a military leave of absence for initial training as a reservist or guards person shall be restored to their former position if the employee has performed satisfactorily during the initial active duty for training, the employee is qualified to perform the duties of the position, and the employee requests reemployment.
3. A fully benefit-eligible academic, benefit-eligible administrative, service and support, a variable hour or probationary employee will be granted a military leave of absence with pay for all periods of military service during which they are engaged in the performance of duty under competent orders. Compensation for any such leave shall not exceed a total of fifteen (15) scheduled working days in any federal fiscal year (the federal fiscal year runs from October 1 to September 30). For any absence during one mobilization period, the employee shall be eligible to receive regular salary or compensation for one fifteen (15) day period only. Any compensation for such military leave shall not be deducted from or affect in any way an employee's vacation time.
Benefits
1. An employee granted a military leave of absence without pay does not receive pay for holidays falling during the leave of absence and does not accrue vacation or sick leave days during the leave. The period of the leave is counted as length of service in computing future vacation credits. They do accumulate personal days during the leave of absence. However, an employee may not use accrued personal days during the leave of absence and all unused personal days are lost at the end of the anniversary year if the employee is on leave of absence.
2. The period of the leave of absence is included in computing length of service under the University’s retirement plans provided the employee returns to work immediately following the leave.
3. As many of the insurance programs offered by the University have the standard military exclusion clause, any employee granted a military leave of absence should contact the è��appSystem Human Resources for specific information regarding the effect of the leave of absence on those plans in which the employee is enrolled.
Procedure Information
1. The department chairperson or administrative head is required to grant a military leave of absence. Military leaves of absence for periods of 30 calendar days or more may be granted and must be reported on the Personnel Action Form and submitted in accordance with procedures established for processing regular staff papers.
2. A Report of Absence Form must be submitted for each period of absence for military service of less than 30 calendar days. Absences in excess of fifteen (15) working days per year shall be without pay except that, at the option of the employee, such absences may be charged to accumulated vacation. Employees required to maintain payroll time records should enter "military leave" in lieu of reporting and leaving times but should enter the number of hours for which payment is to be made. Zero (0) should be entered if the absence was without pay.
3. The employee shall submit a copy of an official order from the appropriate military authority for any period of service of 31 calendar days or more. A copy of the orders or certification of performance of duty may be required upon completion of any military leave of absence, with or without pay, for a period of 30 days or less. Whenever possible, such documents shall be submitted prior to the payment of any University compensation.
4. An employee granted a military leave of absence without pay for a period of 30 or more calendar days is suspended from the payroll process for the period of the leave of absence. The employee will be placed back into an active payroll status upon submission and approval of the Personnel Action Form.
5. The department chairperson or administrative head must notify the Payroll Department, in writing, of any employee who has been granted a military leave of absence without pay for a period of less than 30 calendar days.
6. Should an employee fail to apply for reinstatement within the time period following discharge or release from active duty, the department chairperson or administrative head is responsible for initiating procedures to terminate the employee. Should any term of active service be involuntarily extended, the employee must submit to the department chairperson or administrative head an official order from the appropriate military authority. The department chairperson or administrative head is responsible for initiating the necessary procedures for extending the leave of absence.
7. Request for military leave is processed on a Request for Leave of Absence. Approval for military leave of absence is made in accordance with the current delegation of authority. Approval for military leave is processed on a Personnel Action Form. Reinstatement of an employee returning from military leave is also processed on a Personnel Action Form.

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HR Policy Provisions

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