Military Active Duty

Purpose

Military active duty leave is absence for active military service for employees who enlist or are inducted in to the armed forces of the United States.

Eligibility

Service. Leave for active military service is granted at time during active employment.

Call to duty. Military call-up or enlistment is required.

Provisions

Holding the job. The job may be filled during the absence, but the employee returning from active duty is entitled to be reinstated in the former job (possibly displacing a person in the job) or in a comparable job within

  • a period of 90 days after date of discharge or release from active military service
  • a period of 31 days after the date of release from six months of active dutytraining
  • a period of 90 days after release from hospitalization related to military service, provided this does not extend beyond the date of discharge by more than one year

Pay. Accrued vacation and personal floating holidays may be paid at the beginning of the leave at the employee's request. Unused accruals are carried until return.

Insured benefits. Insured benefits may continue if the employee pays the full premium.

Paid time benefits

The benefits for an employee granted a military leave of absence are affected as follows:

Accrued vacation time. The enlisted or inducted employee is paid at the beginning of the leave for vacation time accrued prior to beginning military leave. The employee called up for active duty may elect to have the accrued vacation paid at the beginning of the leave or held as accrued until return to the job. Vacation time does not accrue while an employee is on military leave, but it restarts on return to work at the accrual rate based on University service, which includes service prior to the military leave plus the time on military leave.

Accrued personal floating holidays. The enlisted or inducted employee is paid for personal floating holidays accrued prior to beginning military leave The employee called up for active duty may elect to have the accrued personal floating holidays paid at the beginning of the leave or held as accrued until return to the job. Personal floating holidays do not accrue while an employee is on military leave, but on return to work they are earned at the rate appropriate to University service, which includes time on military leave.

Accrued sick time. Accrued sick time is held as accrued and may be used when the employee returns from military leave. Sick time does not accrue while an employee is on military leave, but the accrual restarts with the time already credited when the leave began.

Benefit plans

Health, dental, group term life, optional term life, accidental death and dismemberment (AD&D) plans. The employee may continue coverage by paying the full premium directly to the benefits division. Call up for active duty is a change of employment status that qualifies for making changes of enrollment that may be needed by the employee. The individual should contact the Benefits Division within 31 days of the call-up to make any changes of coverage needed for the individual or for family members.

Flexible spending account (FSA). The employee may not make contributions to the FSA plan while on a military leave. However, an employee may seek reimbursement for services received while actively participating in the plan before the leave began.

Retirement plan. Individual contributions and University matching contributions stop while an employee is on military leave. The employee may make after-tax contributions directly to the investment company. On return from military leave to employment, the employee may have up to three times his or her length of service to a maximum of five years to make up contributions missed during the leave, and the employee receives the University’s matching contribution for the made up contributions. No interest or earnings is due on the missed contributions.

Tuition. For purposes of the tuition benefit, continuous University service includes the service prior to the leave, the time during the military leave, and service after the leave, provided the full-time requirement is satisfied for the service periods prior to and following the military leave. Dependents receiving tuition benefits prior to a call-up may continue to receive those benefits during the leave of an employee called up for active duty through the completion of the term of study when the employee is called. Those called to active duty who seek continued eligibility for a dependent during their leave of absence may seek this eligibility through the provision in the tuition assistance plans calling for grant of the eligibility by the provost or the senior vice president for business and finance.

Procedure to begin military leave

Employee requests leave. The employee should complete the Application for Leave of Absence and give it to the supervisor who signs it and sends it to the school’s or department’s human resources representative in the Department of Human Resources. For induction or enlistment, evidence of the induction or enlistment date is to be attached to the leave application. For call-up to active duty, verbal or written notice of call to active duty is required even if the call to active duty does not allow time for completion of the leave application, but documentary evidence for the call up is not required

Department prepares Appointment Form. After a military leave is approved, the employing department sends an Appointment Form to the Payroll Division of the department of human resources, placing the employee on leave of absence with a return date one year from the leave date. The action code is LOA, with a reason code of MIL; and the compensation rate is zero. The appointment form should indicate the amount of vacation or personal floating holiday time to be paid at the start of the leave. The end date will prompt for a review of the leave status if the individual has not returned before the end of a year.

Return from Military Leave

An employee returning from military leave is reinstated to his or her former or a comparable position without losing seniority unless it is impossible or unreasonable for the University to reinstate him or her. The following conditions govern reinstatement.

Certification of discharge. The employee must have received from the military service a certificate of honorable discharge or discharge under honorable conditions or of satisfactory service.

Timely application. The employee applies for reinstatement at the campus employment office within the legal time limits, as stated in “Duration,” above.

Rate of pay. An employee reinstated to his or her former position receives the rate of pay in effect when the military leave began, plus any general increases granted for such classifications during the absence. An employee assigned to a higher-graded position receives the minimum rate for the new position or the former rate of pay plus any general increase for the previous classification, whichever is higher, plus the normal promotional increase that would be awarded for the promotion.

Return to work. The department contacts its human resources representative to arrange reinstatement in order to assure appropriate job assignment, pay rate, benefits enrollment, service accrual, and accrual plan for paid time off. The consultant updates FASIS with the information needed for the reinstatement.

Retention. After return from military leave, an employee must be retained for a period of not less than one year unless he or she is discharged for cause or on account of a layoff carried out in seniority order in accordance with a contract or established practice.

Return from training. An employee returning from the active duty for training in the reserve or national guard is to be retained under the same conditions as above for six months.