Uniformed Services Leave (Military Leave)

Purpose

Uniformed Services Leave shall be granted to eligible employees in accordance with applicable state and federal laws.

Policy

It is the policy of the University to comply with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

1) USERRA grants military leave for employees and, in most cases, reinstatement rights regardless of whether the service is voluntary or involuntary. The University shall also comply with the provisions of Kentucky Revised Statutes (KRS) 61.373 through 61.377 and KRS 61.394.

2) It is a violation of University policy to discriminate against an employee or prospective employee on the basis of application for service in the Uniformed Services of the United States.

3) Eligibility for this leave applies to all members of the Uniformed Services of the United States.

Note: “Uniformed Services” means the Armed Forces (Army, Navy, Air Force and Marines), the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty for training or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency.

4) An employee who is called for training or active duty in the Uniformed Services of the United States is eligible for Uniformed Services Leave, provided the employee gives notice of the military obligations.

5) Eligibility for Uniformed Services Leave extends to regular employees (faculty and staff), but does not apply to temporary employees.

Types of Leave and Lengths of Service Time

1) Reserve Training Leave for inactive duty occurs when an employee attends weekly or monthly meetings or weekend drills.

2) Temporary Uniformed Services Leave occurs when an employee is ordered to full-time active Uniformed Services training for a period not greater than 180 calendar days, including time spent traveling to and from duty.

3) Extended Uniformed Services Leave occurs when an employee enlists or is ordered into

1. Active Duty Service of any length,
2. Active Duty Training greater than 180 calendar days, or
3. Active Federal Uniformed Services as a member of the National Guard or Naval Militia.

Leave shall be granted for a period no greater than five years. In addition, leave shall be granted for a period up to six months from the date of release from duty.

4) Emergency National Guard Leave occurs when an employee is called to active duty by proclamation of the Governor during a state of emergency. When a state of emergency is called by the President of the United States, the employee is placed on Extended Uniformed Services Leave.

5) Physical Examination Leave occurs when an employee is required to take a pre-induction or pre-enlistment physical examination. Leave shall be granted for time necessary to complete the examination, including time spent traveling.

Extended Uniformed Services Active Duty

1) Upon return from Uniformed Services Leave an employee has the right to be restored to their position with the same seniority, status and pay they would have had if they had never left. Employees generally are entitled to these reemployment protections for up to five years under federal law.

2) This leave shall be granted providing the employee is leaving the University’s employment for the purpose of Uniformed Services Duty with the Armed Forces of the United States. During this absence, the following conditions will apply:

1. The employee will not accrue vacation or temporary disability leave (TDL).
2. Previously accrued vacation and TDL shall be restored upon return from leave.
3. The employee may request to use all accrued vacation prior to beginning the leave.

Retirement Plan

1) The regular employee may continue participation in the retirement plan if, prior to beginning leave, the employee arranges for payment contributions.

2) A regular employee returning from leave has the right to make missed contributions to the plan over a period of time equal to three times the period of the leave, but no longer than five years.

3) The Univeristy shall make, on behalf of the returning employee, any contributions to the plan that the Univeristy would have made had the employee not been absent.

4) The University shall match any employee contributions, but shall not credit the employee with interest.

Health Care Coverage

A regular full-time employee may continue participation in the plan if, before beginning leave, the employee arranges for payment of the premium contributions.

Life Insurance

A regular full-time employee may continue participation in the University’s life insurance plan if, before beginning leave, the employee arranges for payment of the premium contributions.

National Guard and Reserves

1) A regular employee shall be paid for annual training. During this absence leave with pay shall not be greater than

1. 10 working days during in any one federal fiscal year if the employee’s position is based upon a five day work week,
2. 12 working days in any one federal fiscal year if the employee’s position is based on a six day work week, and
3. 15 working days in any one federal fiscal year if the employee’s position is based on a seven day work week.

Leaves greater than the above shall be without pay unless the employee requests use of accrued vacation time.

Note:  The federal fiscal year runs October 1 through September 30.

2) A regular full-time employee shall continue to accrue vacation and TDL while in a paid status.

Reinstatement/Reemployment

1) Employees on leave for 90 days or less shall be entitled to reinstatement to the jobs they left, with their seniority, status and pay adjusted for any promotions, pay increases or other benefits they would have earned if they had remained on the job.

2) Employees on leave greater than 90 days may or may not be reinstated to the same job. However, they shall be reemployed in a job of like seniority, status and pay that takes into account any promotions, pay increases or other job changes they would have been eligible for if they had remained on the job. The time frame for requesting reemployment is linked to the amount of time the employees were away from the job. Employees who serve

1. 181 days or longer have 90 days after discharge to request reemployment;
2. 31 to 180 days have 14 days after discharge to request reemployment; and
3. 30 days or less shall report for reemployment at the start of the next regular work day following discharge, plus travel time and eight hours rest.

Note: Employees who are unable to report within these time limits may be entitled to additional time. Time limits may be extended for up to two years if an individual is hospitalized or convalescing from an injury related to Uniformed Services Duty.

Process

The department head is responsible for receiving the request and scheduling the employee’s Uniformed Services Leave for training. Requests for this and other Uniformed Services Leaves shall be reviewed with the Human Resources Office of Employee Relations (Employee Relations). Employee Relations has sole authority to record this leave in the University’s centralized information resource system.

1) An employee requesting leave shall submit a written request, along with a copy of the military orders, to the supervisor/department head.

2) The supervisor/department head shall notify Employee Relations and provide a copy of the request/orders to that office.

3) When an employee requests reemployment, the supervisor/department head shall contact Employee Relations so that the employee’s vacation and temporary disability leaves may be restored.