Uniformed Services Leave (Military Leave)
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75.1 Policy
75.1.1 Uniformed Services Leave shall be granted to eligible employees in accordance with applicable state and federal laws. It is the policy of the University to comply with the Uniformed Services Employment and Reemployment Act of 1994 (USERA) which 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.
75.1.2 It is a violation of University policy to discriminate against an employee or prospective employee on the basis of application for or service in the Uniformed Services.
75.1.3 Eligibility for Uniformed Services Leave applies to all members of the Uniformed Services of the United States. The term “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.
75.1.3.1 Any 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.
75.1.3.2 Eligibility for Uniformed Services Leave extends to
regular employees (faculty and staff), but does not apply to temporary employees.
75.1.4 Types of Leave and Lengths of Service Time
75.1.4.1 Reserve Training Leave for inactive duty occurs when an employee attends weekly or monthly meetings or weekend drills.
75.1.4.2 Temporary Uniformed Services Leave occurs when an employee is ordered to full-time active Uniformed Services training for a period not to exceed one hundred eighty (180) calendar days, including time spent traveling to and from such duty.
75.1.4.3 Extended Uniformed Services Leave occurs when an employee enlists or is ordered into active-duty service of any length or active-duty training in excess of one hundred eighty (180) days or when an employee is ordered into active Federal Uniformed Services as a member of the National Guard or Naval Militia. Leave shall be granted for a period not to exceed five (5) years. In addition, leave shall be granted for a period up to six (6) months from the date of release from duty.
75.1.4.4 Emergency National Guard Leave occurs when an employee, who as a member of the National Guard, is called to active duty by proclamation of the Governor during a state of emergency. An employee, who is a member of the National Guard and who is called to active federal Uniformed Services Duty at the request of the President of the United States, is not eligible for emergency National Guard Leave, but shall be granted extended Uniformed Services Leave.
75.1.4.5 Physical Examination Leave occurs when an employee is required to take a pre-induction or pre-enlistment physical examination to fulfill a commitment under a Selective Service or comparable law, or during a period of war or comparable national emergency. Leave shall be granted for time necessary to complete physical examination, including time spent traveling to and from such examination.
75.1.5 Extended Uniformed Services Active Duty
75.1.5.1 Employees have legally protected rights not only to take time off from work to perform Uniformed Services Duty, but also to be restored to their positions with the same seniority, status and pay they would have had if they had never left. Employees performing active-duty or reserve training activities in the Uniformed Services generally are entitled to these reemployment protections for up to five (5) years under federal law.
75.1.5.2 Uniformed Services Leave for extended active duty shall be granted provided the regular staff employee is leaving the University’s employment for the express purpose of Uniformed Services Duty with the Armed Forces of the United States. During such absence, the following conditions will apply:
75.1.5.2.1 The regular full-time or half-time employee will not accrue vacation or temporary disability leave.
75.1.5.2.1.1 Previously accrued vacation and temporary disability leave shall be restored upon return from Uniformed Services Leave.
75.1.5.2.1.2 The employee may request to use all accrued vacation leave prior to commencement of Uniformed Services Leave.
75.1.5.2.2 Retirement Plan.
75.1.5.2.2.1 As long as the regular full-time employee remains in a paid leave status, the retirement contributions shall continue, along with the University’s matching contributions. If the employee goes into an unpaid leave status, the employee may continue to make contributions to the retirement plan on an after-tax basis. The employee shall make arrangements to mail these contributions directly to the retirement carrier(s). The University shall not match after-tax contributions.
75.1.5.2.2.2 The returning employee shall be permitted to make missed contributions to the retirement plan, through payroll deduction (on a pre-tax basis), over a period equal to three (3) times the period of the Uniformed Services Leave, but no longer than five (5) years. The University shall make, on behalf of the returning service member, matching contributions (up to a maximum of ten percent) to the retirement plan that the University would have made if the employee had not been absent for Uniformed Services Leave. The University shall not credit the employee with any interest.
75.1.5.2.3 Health care coverage.
75.1.5.2.3.1 The regular full-time employee may continue participation in the University’s heath care plan if, prior to commencement of Uniformed Services Leave, the employee arranges for direct payment of premium contributions.
75.1.5.2.4 Life Insurance.
75.1.5.2.4.1 The regular full-time employee may continue participation in the University’s life insurance plan if, prior to commencement of Uniformed Services Leave, the employee arranges for direct payment of premium contributions.
75.1.5.2.5 Upon completion of active Uniformed Services Duty, the employee shall be restored to the former position held as indicated under the above provisions.
75.1.6 National Guard and Reserves
75.1.6.1 Uniformed Services Leave with pay for annual training shall be granted to a regular employee who is a member of the National Guard or Reserve Components of the Armed Forces of the United States. During such absence the following conditions shall apply:
75.1.6.1.1 Uniformed Services Leave with pay shall not exceed ten (10) working days in any one (1) federal fiscal year if the employee’s position is based upon a five (5) day work week.
75.1.6.1.1.1 Uniformed Services Leave exceeding ten (10) working days shall be without pay unless the employee requests use of accrued vacation leave.
75.1.6.1.2 Uniformed Services Leave with pay shall not exceed twelve (12) working days in any one (1) federal fiscal year if the employee’s position is based upon a six (6) day work week.
75.1.6.1.2.1 Uniformed Services Leave exceeding twelve (12) working days shall be without pay unless the employee requests use of accrued vacation leave.
75.1.6.1.3 Uniformed Services Leave with pay shall not exceed fifteen (15) working days in any one (1) federal fiscal year if the employee’s position is based upon a seven (7) day work week.
75.1.6.1.3.1 Uniformed Services Leave exceeding fifteen (15) working days shall be without pay unless the employee requests use of accrued vacation leave.
NOTE: The federal fiscal year runs October 1st through September 30th.
75.1.6.2 The regular full-time or half-time employee shall continue to accrue vacation and temporary disability leave while in a paid status.
75.1.6.3 The employee’s benefits shall remain in effect during Uniformed Services Leave in a paid status.
75.1.6.3.1 Any employee using Uniformed Services Leave without pay shall make arrangements for payment of life insurance premiums, health care coverage premiums, and retirement contributions as described in section 75.1.5.2.2 within this policy as appropriate.
75.1.7 Reinstatement/Reemployment
75.1.7.1 Employees absent on Uniformed Services Leave for ninety (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. Employees absent greater than ninety (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 as follows:
75.1.7.1.1 Employees who serve in the military one hundred eighty one (181) days or longer have ninety (90) days after their military discharge in which to request reemployment.
75.1.7.1.2 Employees who serve for a period of thirty-one (31) to one hundred eighty (180) days have fourteen (14) days after their military discharge in which to request reemployment.
75.1.7.1.3 Employees who serve for thirty (30) days or less generally shall report for reemployment at the start of the next regular work day following their release from military service plus travel time and eight (8) hours rest.
75.1.7.1.4 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 (2) years if an individual is hospitalized or convalescing from an injury related to Uniformed Services Duty.
75.2 Delegation
75.2.1 The department head is responsible for receiving the request and scheduling the employee’s Uniformed Services Leave for training. Requests for other Uniformed Services Leave shall be reviewed with the Employee Relations Office of Human Resource Services prior to authorization.
75.3 Procedures
75.2.2 An employee requesting Uniformed Services Leave shall submit a written request to the department head along with a copy of military orders.
75.2.3 An employee shall arrange for payment of life insurance premiums, health care coverage premiums, and retirement contributions, as appropriate, in advance of any Uniformed Services Leave without pay.
75.2.4 The department head shall make appropriate notation in the human resource system (HRS) indicating Uniformed Services status.
75.2.5 Upon reemployment, the department head shall make appropriate notation in HRS indicating return from Uniformed Services Leave and restoration of vacation and temporary disability leave balances as well as other benefits of length of service, as provided in this policy.