Procedure: Military Leave
Military leave is a leave of absence from work while engaged in the performance of military duty and while going to and returning from such duty. A Request for Personnel Action/Leave Request Form is to be completed in order to place an employee on military leave. The form and a copy of the orders must be included in the employee's official personnel file.
All employees (except those employed on a temporary basis) who are or become members of the organized militia (e.g., National Guard, etc.) or any reserve force or component of the U.S. Armed Forces are eligible for a military leave of absence.
Supervisors must be notified of all military duty.
1) Employees are required to provide advance written or verbal notice along with a copy of the orders to their supervisors for all military duty. (Orders are issued for all military duty with or without the employee's consent.)
2) In the event of an emergency that prevents advance notice, supervisors are to receive notification of ordered military duty as soon as possible.
NOTE: The following paragraphs describe when an employee is or is not paid for military leave.
Ordered Duty Without Consent
1) Eligible employees ordered to military duty without personal consent will be paid for up to 18 work days in a federal fiscal year (October 1 through September 30), not to exceed eighteen (18) workdays in one continuous period of such absence. Employees will not be required to use accrued leave during this period.
2) For any absence beyond eighteen (18) workdays, employees may request to use accrued annual and/or personal leave or be placed on leave without pay.
NOTE: If the Governor declares an emergency and orders employees to state active duty as members of the National Guard, the employees, while performing such duty, will be paid for up to thirty (30) workdays in a federal fiscal year, not to exceed thirty (30) workdays in one continuous period.
Ordered Duty With Consent
1) Eligible employees ordered to military duty with personal consent will be paid for up to eighteen (18) workdays in a federal fiscal year, not to exceed eighteen (18) workdays in one continuous period of such absence, if the period of ordered military duty does not exceed thirty (30) calendar days.
2) Eligible employees ordered to military duty with personal consent for a period exceeding thirty (30) calendar days are to be granted a leave of absence without pay for the entire period of absence. Employees may, however, request to use accrued annual and/or personal leave to cover the absence from work.
Attending Service Schools
1) Employees who are or become eligible for military leave may receive orders for attending service school(s) with or without personal consent.
2) Employees attending any service school(s) will be paid in accordance with this policy.
Enlistments or Inductions
1) Eligible employees who enlist or are inducted into the organized militia or any reserve force or component of the U.S. Armed Forces, and are ordered to active duty, active duty for training or inactive duty training are entitled to leave of absences from work as provided by law. Such leave of absences are without pay; however, employees may request to use accrued annual and/or personal leave to cover the absences from work.
2) Employees who receive orders to report for any pre-induction or other examination to determine physical or other fitness for service are entitled to leave of absences from work as provided by law. Such leave of absences are without pay, however, employees may request to use accrued annual and/or personal leave to cover the absences from work.
NOTE: Time spent on military leave is not a break in continuous employment. An employee on military leave is eligible for rights and benefits provided by Federal and State laws, and other benefits provided by the Department.
Return to Work
1) Employees whose cumulative absences from work while on military leave have not exceeded five (5) years are entitled to return to work upon completing military duty as required by law.
NOTE: Certain types of service do not count toward the five-year limitation. The Office of Legal Services and/or Human Resources should be contacted when employees have accumulated absences from work for military leave that exceeds five (5) years
2) The Department is not required to re-employ individuals who were employed with Technical Colleges on a temporary basis (e.g., a brief, non-recurrent period).
3) In order to be eligible for re-employment, employees are to do the following:
a) If the period of military duty was 30 calendar days or less or military leave of any length was for examination purposes to determine fitness to perform service, employees must report to work the first scheduled work day after an eight-hour period following the completion of military duty and returning home.
b) If the military duty was for more than 30 calendar days, but did not exceed 180 calendar days, employees must submit a written notice for re-employment to their supervisors, or other designated officials, within 14 calendar days of completing military duty.
c) If the military duty was for more than 180 calendar days, employees must submit a written notice for re-employment to their supervisors, or other designated officials, within 90 calendar days of completing military duty.
4) Employees who are hospitalized or are recovering from an illness or injury as a result of the military duty are to report for duty or apply for re-employment as described above upon recovering from the illness or injury. The period of recovery may not exceed two (2) years.
5) Upon timely notice following the satisfactory completion of military duty, employees will be returned to work as follows:
a) If the military leave was for 90 calendar days or less, an employee must be re-employed in a position in the same job category the employee would have held if military duty had not occurred, if qualified to perform the duties of the job category or able to become qualified with reasonable efforts by the Department. The employee's work status remains the same.
b) If the military leave was for more than 90 calendar days, an employee must be re-employed in a position in the job category the employee would have held if military duty had not occurred, or another job category of like seniority, status and pay, if the employee is qualified to perform the duties of the job category or able to become qualified with reasonable efforts by the Department. The employee's work status remains the same.
c) If an employee is not able to perform the duties of the job category with reasonable accommodation due to disability sustained or aggravated during the military service, the employee will be employed in another job category in the Department for which the employee is qualified and is able to perform the essential functions, with or without reasonable accommodation.
NOTE: The Department is not required to return an employee from military leave if circumstances have drastically changed making it impossible or unreasonable to do so. (e.g., closing of a facility, reduction in force that would have included the employee, etc.)
U.S.C. Title 38, Chapter 43, Uniformed Services Employment and Re-employment Rights Act
Rules of the State Personnel Board - Rule 18
Personnel Action Request
Personnel Leave Request Form
III. U. 6. Leave
Created: October 1, 2001