Military Leave

Policy Statement 

The University will provide unpaid leave time to employees who are called to active or training service in the Uniformed Services of the United States.

Reason for Policy

No agent or employee of the State shall discriminate against any employee or applicant for employment because of their membership, application for membership, performance of service, application for service or obligation for service in the Uniformed Services.

Who Is Governed by this Policy

All administrators, staff and faculty as provided by federal law.

Policy

An employee who gives advance notice and who leaves the University for any period of active or training service in the Uniformed Services of the United States is entitled to continued employment and, after completing longer periods of service, will be re-employed in accordance with federal and state law.

The Uniformed Services Employment and Re-Employment Rights Act of 1994 covers all uniformed services, including regular armed forces, the Reserves, the National Guard, the Public Health Service, and the Coast Guard. All categories of service, voluntary or involuntary, are covered, including active duty, active duty for training, drills, full-time National Guard duty, and absence from work for an examination to determine fitness for any of these types of duty. In addition, under the Public Health Security and Bioterrorism Response Act of 2002, certain disaster response work (and authorized training for such work) is considered “service in the uniformed services.”

Definitions

This policy does not have definitions associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Procedures

Employees going on Uniformed Services Leave must give as much advance notice as possible to their supervisor, and present the University with the service orders. Employees should be directed to contact the Office of Human Resources for information on the continuation of certain benefits.

Employees continue to receive continuous service credit at the University during any period of Uniformed Services Leave.

Forms

This policy does not have forms associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.

Related Information

Reinstatement

The University will reinstate eligible employees under the following conditions, in accordance with federal guidelines:

• Advanced written or verbal notice must have been given to the University of the impending service.
• Cumulative service was not in excess of five (5) years
• Employee must report to the University for re-employment within established time periods related to the duration of the service leave (see chart below).
• Employee must have been discharged or released from service “under honorable conditions.”

The University will reinstate eligible employees who satisfactorily complete their period of service without reduction in seniority, status, if all the other conditions required by law are met, including a timely application for reinstatement.

Statement Against Discrimination and Retaliation

In accordance with USERRA, the University prohibits employment discrimination against a person on the basis of past military service, current military obligations, or an intent to serve. In addition, the University will not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

Retention after Reinstatement

Federal law protects employees returning from Uniformed Services Leave against discharge without cause for one year after reinstatement if the period of service was more than 180 days, or for 180 days if the service was 31 to 180 days duration.

Document History

• Policy Origination Date: Unknown
• Last Reviewed Date: April 22, 2024
• Policy Reviewed by: Policy Owner and Policy Experts
• Last Approved Date: April 22, 2024

Who Approved This Policy

 Executive Leadership