Military Leave of Absence

Military Leave of Absence

Purpose: To comply with federal law (Chapter 43 of Part III, Title 38, U.S. Code and the Uniformed Services Employment and Reemployment Rights Act of 1994) and to protect the job rights of employees who take military leave.

Policy Statement: The College complies with and supports federal and state laws that provide for unpaid leave of absence for National Guard and Military Reserve members, those who volunteer or are involuntarily inducted into military service, and employees engaged in military duties such as active duty, reserve service, National Guard, training, funeral honors duty, and disaster response services. All regular employees are eligible to take military leave without fear of discrimination or retaliation.

Procedures:

1. Requesting Leave:
   • Employees wishing to take military leave should provide written notice to their supervisor or department chair as far in advance as possible, stating the dates the military leave will begin and end. The request should include a copy of orders to report to duty from the appropriate military authority. Verbal notice is acceptable when circumstances do not allow for written notice.
2. Documentation:
   • The supervisor or department chair should document the military leave on a Personnel Action Form and attach the employee’s request and military documentation to the form. HR will also maintain records of the leave.
3. Leave Duration:
   • There is no limit on the number, frequency, or duration of training periods as long as they are authorized by the military. Employees are allowed up to a cumulative total of five years of extended active military duty. Employees on military leave may elect to access any accrued vacation or personal leave to offset unpaid leave.
4. Benefits Continuation:
   • Employees on unpaid military leave may continue medical and dental insurance for one month by paying the employee share of the premium. After the initial month, employees can continue group health insurance coverage for up to 24 months at 102% of the overall premium rate on COBRA. Life, long-term disability, and optional insurance plans will continue for 12 months, with the employee responsible for premium payments for optional coverage. Conversion rights will be provided if the leave extends beyond 12 months. Other benefits will cease during the leave.
5. Reemployment Rights:
   • Employees who serve less than 31 days will be reinstated to their original position if they report to work at the beginning of the first regularly scheduled workday after being discharged. Employees who serve between 31 and 181 days must submit an application for reemployment no later than 14 days after completing military service. Those serving more than 181 days must submit an application within 90 days. If hospitalized or convalescing from a service-connected injury, employees have up to two years to apply for reemployment.
6. Position upon Reemployment:
   • Employees returning to work within 91 days will be reinstated to their original position. An employee who serves 91 days or more will be reinstated to the same or another position of like seniority, status, and pay if the employee is qualified for the position.
7. Seniority and Benefits:
   • An employee on military leave continues to maintain seniority. Upon reinstatement, wages, salary, and benefits will continue at the level as if the employee had remained in the position. Time spent on active military duty will count toward eligibility for FMLA leave, and reemployed employees cannot be discharged without cause for one year following reemployment for service of more than 180 days; for service of 30 to 180 days, the protection is 180 days.
8. Non-Discrimination Assurance:
   • No employee or prospective employee will face discrimination or retaliation for exercising their rights under this policy. Employees who believe they have been subjected to discrimination should report the matter to the HR department immediately.

Approved by the Executive Council, June 24, 1992.

Revised on 10/29/2014