Military Duty Leave
Military Duty Leave
Updates to federal laws and legislation protect members of the uniformed services from certain workplace uncertainties, allowing uniformed service members to leave their civilian posts to serve their country without having to worry about job security, delayed compensation, revoked benefits, or other adverse reactions by an employer.
Leave for military duty is unpaid. Under the law, an employee in a regular position who has been called to duty may take the necessary leave time. The university allows an employee to use accrued annual time for part or all of the period of military duty.
The supervisor may fill the vacated position with temporary or contract workers for the duration of the uniformed service member’s service. The supervisor is responsible for notifying the temporary workers when uniformed service members are slated to return, and keep the position open for the returning employee.
Administration of Military Duty Leave
An employee needing leave for military duty should inform their supervisor and the Benefits Administration Department at the earliest possible time and, when possible, provide the Benefits Administration Department with a copy of their military orders. In certain emergency circumstances, verbal notification is appropriate, although the Benefits Administration Department requests employees to submit written confirmation when available.
Supervisors should submit a Personnel Action Form (PAF) to the Benefits Administration Department for action on the Military Duty Leave. Paperwork relating to the employee’s military duty leave will be included in the employee's official employee record.
Reinstatement Following Military Duty Leave
The university must reemploy uniformed service members when they return from active duty as outlined in the regulations. Uniformed service members must return to their jobs within a predetermined period after they are deactivated based on how long they were gone.
Federal law requires that the university reinstate, without the loss of seniority, an employee who leaves a regular position to perform military duty. There are certain conditions attached to this right to reinstatement and a supervisor whose employee is seeking reinstatement should contact the Benefits Administration Department for assistance.
Reasonable accommodation must be made for returning employees who have become disabled during their service. If the employee’s supervisor is unable to make reasonable accommodation within the old job, the university will offer another position for which he or she is qualified or could become qualified. Disabled veterans have two years to return to their jobs after their service ends.