National Guard or Reserve Duty/Military Leave

National Guard or Reserve Duty

The university recognizes the right of staff members to perform military service in the armed forces reserves or the National Guard and the responsibility of staff members in such programs to be away from the job periodically.

A staff member who is a member of the National Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve or Coast Guard Reserve will be granted a military leave of absence for the purpose of attendance during active military training periods. Staff members must submit written requests for military leaves of absence to their supervisors at least one month in advance of the anticipated leave, except in the event of an emergency or other extenuating circumstances.

Staff members on military leave will be paid the greater of their:

• regular salary, including shift differential, but excluding overtime, or
• the amount payable for military duty,

for a maximum of ten (10) working days per year. A staff member on military leave should submit a written statement from the commanding officer of the Reserve or National Guard unit certifying the dates of active duty to their supervisors. Upon completion of the Reserve or National Guard assignment, the staff member will submit to the Human Resources Department a copy of the Reserve or National Guard orders and pay statement, along with the university's time worked and/or leave record. Payroll will deduct the amount the staff member was paid for military duty from the staff member's next regular paycheck. However, the staff member's retirement plan contribution, if applicable, will be based on regular earnings before the deduction.

Military Leave

The university respects a staff member's decision to serve and protect the country. If a staff member leaves his or her job in order to enter active duty in the Armed Forces, voluntarily or involuntarily, the staff member is entitled to return to his or her civilian job after discharge or release from active duty, as long as the staff member meets the basic eligibility criteria of the Veterans' Reemployment Rights Act. Those criteria are:

• The staff member must hold an "other than temporary" university position.
• The staff member must leave the university position expressly for the purpose of going on active duty.
• The staff member must not remain on active duty longer than four (4) years, unless the period beyond four (4) years (up to one (1) additional year) is "at the request and for the convenience of the Federal Government."
• The staff member must be discharged or released from active duty under honorable conditions.
• The staff member must apply for reemployment with the university within thirty-one (31) or ninety (90) days of discharge, whichever is applicable to the staff member's type of military service.

Military duty that requires an absence of one (1) year or less is handled as Military Leave. If the military duty will be longer than one (1) year, the staff member's employment with the university will end, although the staff member has reemployment rights under the conditions listed above.

Military service does not constitute a break in service, and the staff member retains previously accumulated benefits at the university. Upon the staff member's return, he or she will be eligible for any approved benefits or general increases that occurred during the military service absence.

Origination Date: 1/1981
Revised: 1996