A. Active-Duty Leave
Regular full-time and part-time University employees whose military obligations interrupt or interfere with their employment have certain job protection provided by the Uniform Services Employment and Reemployment Rights Act of 1994. The Act protects members of National Guard units, reservists, inductees, and enlistees into the Armed Forces who volunteer for or are ordered to active duty for the Federal government. For additional information see the Employee’s Guide to Military Leave under FMLA.
An employee who will be absent from work because of military service shall give advance written notice of such service to his/her supervisor and the Department of Human Resources unless military necessity prevents it. An employee should submit a copy of his/her military orders to the Department of Human Resources and his/her supervisor at least 30 days prior to the time the leave is to begin. The University provides specific employee protections related to compensation, health benefits, retirement benefits, and reinstatement.
1. Notification to HR
Employees called to active duty must notify the Office of Human Resources in writing of their departure and provide a copy of official military orders when they become available.
2. Continuation of Benefits
For faculty and staff employees, active duty will be treated as leave of absence without pay. Such leave may not exceed five years in duration. During the approved unpaid leave of absence, an employee called to active duty may continue to have health insurance, long-term disability insurance, and life insurance if he or she pays the full cost of the benefit. While the employee is on an unpaid leave, the University will not contribute to the premiums, except where the absence is less than 30 days. If an employee called to active duty wishes to continue his or her health insurance, life insurance, or long-term disability insurance, the employee must make payment arrangements with the Office of Human Resources at the start of his or her leave of absence. Likewise, employees returning from active military duty are entitled to available benefits upon reemployment.
If an employee called to active duty during a national emergency has a spouse or dependent child who is eligible for tuition remission and meets the requirements of the University policy on tuition remission, that benefit will remain in effect while the employee is on active military duty. All provisions of the tuition remission policy will apply.
Upon reemployment following a call up to active duty, employees who are participants in the University’s retirement plan at the time they are called for active duty, will be considered as not having a break in service for purposes of the retirement plan. There will be no requirement to re-qualify for participation in the retirement plan upon reemployment. In addition, upon reemployment, the University will make any plan contributions that it would have made if the employee had not been on a leave of absence for active military service. However, the University will contribute no interest or earnings to the employee’s retirement account. Plan participants returning to employment are also provided an opportunity under federal law to make certain retroactive voluntary contributions that they could have made had they not been on military leave, and the University will match such contributions consistent with the retirement plan.
3. Reemployment Rights and Responsibilities
Regular employees called to active duty who are released from active duty with an honorable discharge are entitled to be restored to their former positions or to positions of like seniority, status, and pay on the same terms and conditions as if their employment had not been interrupted.
Employees called to active duty who, upon release, have a service-related disability, making them no longer qualified, with reasonable accommodations, to perform the duties of the position and for whom job restructuring is not feasible, who, nevertheless, are qualified with reasonable accommodations for an alternative position, will be offered the alternative position. If an employee called to active-duty requests reemployment in an alternative position, he or she must be employed in a position that provides seniority, status, and pay, as similar as possible to the former position.
Employees ordered to active duty for more than 90 days must apply for reemployment within 90 days of their release from active duty. Employees ordered to active duty for 90 days or less must apply for reemployment within 31 days of their release from active duty.
B. Military Training Leave
Employees who are members of the National Guard or Reserve Corps are eligible annually for up to 10 working days’ leave with pay for military training purposes. If military payments are less than the employee’s wages or salary for the period, the University will reimburse the employee for the difference upon presentation of the military pay vouchers. If military payments equal or exceed the employee’s salary or wages, the employee will not receive University funds for the period served.
Employees on approved leave for military training for up to 10 days continue to accrue annual and sick leave at the normal rate.
C. Military Caregiver Leave and Qualifying Exigency Leave
To take military caregiver leave, you must be the spouse, parent, son or daughter, or next of kin of the covered servicemember. Military caregiver leave may be taken to care for a “covered servicemember” with a serious injury or illness. A covered servicemember may be either a current servicemember or a veteran of the Armed Forces. Additional information about this type of leave can be found in the Guide for Military Family Leave under the FMLA.