HR3760 - Military Leave

1. Institutional Regulations
   1. Regular full-time and part-time employees shall be granted 30 days of Military Leave per calendar year when ordered by proper authority to active state or federal military service. The leave shall be without loss of status and seniority, and the first 30 work days of the leave shall be paid. If an employee goes on Military Leave more than once during a work year, the work days occurring during the prior absence(s) shall be subtracted from 30 to determine how much, if any, of the leave remains.
   2. Employees who are inducted into the service may apply for Leave Without Pay after exhausting their Military Leave or be separated from the College.
   3. The maximum a uniformed service person may be on leave or be separated and have reemployment rights is five years.
2. Procedure
   1. An employee requesting Military leave shall submit a Request for Leave form (P-21) and if required, a copy of the enlistment or active duty orders indicating the dates of service, to their immediate supervisor as far in advance of the leave as possible unless advance notice would be precluded by military necessity or would otherwise be impossible or unreasonable. The supervisor shall forward the leave form and any attachments to Human Resources.
   2. If an employee will be on Military Leave longer than 30 work days and wishes to be paid for some or all of the extra days, the employee may use their Vacation or Personal Business Leave. Permission to use these leaves shall be requested via submission of a Request for Leave form (P- 21) or, if leave is to be reported on Employee WEB, according to procedures established by the supervisor.
   3. Leave accrual and insurance coverage while on unpaid Military Leave shall be in accordance with Procedures HR3765 - Leave Without Pay and LTD Leave Without Pay .
      1. Most employees will be entitled to the military health insurance plan (CHAMPUS) but they may, however, elect to continue their College insurance for up to 24 months. Upon return from Military Leave, employees are entitled to be reinstated to the College health insurance program, generally without any limitations or restrictions.
      2. Upon return from Military Leave, an employee’s previously accrued Sick and Vacation Leave shall be restored and their leave accrual rate shall be the same rate as if the employee had not been absent on leave.
   4. To the extent required by law, the College shall make, on behalf of an employee returning from Military Leave, any contributions to their pension that the College would have made if the employee had not been on Military Leave. The employee shall have up to three times the period of leave to make up missed contributions, not to exceed five years. The College is required only to make matching contributions to the extent the reemployed employee makes up the missing contributions.
   5. Reemployment following the exhaustion of Military Leave, or upon return from serving in the uniformed services if the employee had previously elected to separate from the College, shall be in accordance with the provisions of PL103-353, Uniform Services and Reemployment Act. To be eligible for reemployment:
      1. The employee must have given the College appropriate notice of the impending military service;
      2. The employee’s cumulative length of absence(s) on Military Leave may not have exceeded five years, not counting service excluded by USERRA;
      3. The employee must be discharged or terminate their military service under honorable conditions; and
      4. The employee must apply for reemployment as follows:
         1. Military service from 1 to 30 days - employee shall report to work not later than the first regularly scheduled workday that starts at least 8 hours after completion of the service and a time for safe transportation back to the employee’s home;
         2. Military service from 31 to 180 days - employee shall notify the supervisor within 14 calendar days after completing the service of their intent to return to work;
         3. Military service of 181 days or more - employee shall notify Human Resources in writing within 90 calendar days after completing the service of their intent to return to work.

January 1, 2005

September 1, 2020