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7.13 Military Service Leave

Effective Date: January 1, 2009 (revised)

Purpose:

An employee entering military service is granted a leave of absence in accordance with the provisions of the Selective Service Act. Military leaves are also granted to members of the National Guard and Reserve Units called into active service.

Procedure:

Annual Training:

An employee, who is scheduled for routine annual training with the National Guard and/or Reserve Units, must provide at least one month’s notice to his or her supervisor. He/she may use accrued vacation during this period, in addition to receiving full military pay. Or, individuals may receive the difference between regular pay and military pay for up to ten working days. In this case, payment is processed when a copy of the military check statement is received by the Payroll Department.

Extended Active Military Duty:

The Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Code of Federal Regulations (CFR), Part 1002 of Chapter 11 of Title 20, establish rights for employees who serve or have served in the uniformed services

1.
Employees should submit written military orders to their department in advance of the absence or as soon as they are available.
2.
As soon as a supervisor or department head is informed or becomes aware that an employee is going to leave or has left for military service, the supervisor or department head must consult with the Human Resources department to ensure compliance with USERRA and the regulations.
3.
A military leave of absence without pay shall be granted for employees in positions other than those that are temporary. The regulations define temporary positions as those that exist for a brief, non-recurrent period with no reasonable expectation that the employment would have continued for a significant period.
4.
To be eligible, an employee must meet one of the following criteria:
5.
The limit on the cumulative time away from work at the College for military service and still retain the USERRA rights is five years.
6.
The military leave of absence covers the dates that the employee is actively performing service. The five-year limit may also extend to a later date when the employee is able to obtain a release from active duty. Time between completing the uniformed service and reporting back to work or requesting to return does not count against the five year limit. The law provides for other exceptions which are to be discussed with the Human Resources department if a case arises.
7.
An employee who completes uniformed service and requests (orally or in writing) to return to work is to be returned within two weeks of the request if he or she meets the following criteria:
8.
The employee meeting these criteria shall be returned to the status that he or she would have enjoyed with reasonable certainty as if the military absence had not occurred.? Returned employees will receive the following:
9.
The right to return to work exists even if the employee gave an explicit, written statement at the start or during the leave that he or she did not intend to return to work at the College and resigned or was separated based on this statement.? The right to return to work exists whether the employee was placed on a leave of absence or separated employment for military service.
10.
An employee returned to work under the provisions of USERRA may not be terminated except for cause for 180 days after his or her date of return if the most recent period of uniformed service was less than 181 days or for one year after the date of return if the most recent period of uniformed service was more than 180 days.
11.
Employees requesting to return to work who do not have an honorable discharge will be reviewed on an individual basis.

See the following policies for additional relevant information:

4.08 Rehires and Bridged Service 72

7.02 Vacation 186

7.03 Sick Leave 191

7.04 Personal Time 196

Section 8.00 for information on individual insured benefits

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