Military Leave of Absence
Last Revised: 2/2007
Responsible University Office:
Policy: It is the intent of the University to comply in all aspects to the Uniformed Services Employment and Reemployment Rights Act (USERRA). This law provides specific rights to employees, who serve voluntarily or involuntarily, in the Armed Forces in the protection of our country in peace time as well as war
1. Granting the employee a leave of absence.
2. Provide the employee the opportunity to elect continued health insurance coverage.
3. Provide other benefits on military leave to the same extent we offer benefits to other employees on leave.
4. Reemploy the employee upon completion of the employee’s military service, and treat the employee as if he or she were not absent from work. This includes issues such as service credit or seniority; vacation eligibility; pension service credits and the like, so that the employee receives all rights and benefits that the employee would have received had he or she been continuously employed.
Although an employer is not required by USERRA to provide compensation to an employee who is on military leave, the University will provide a special compensation plan to assist employees who serve as reservists in the military to protect our nation.
A: For the typical military leave of absence involving annual reservist training, the University will pay the difference between the employee’s regular earnings for the period and what is received in military pay. Such differentials will be paid by providing evidence of military pay to the Payroll Office. During such times the employees benefit plan will remain in force.
B: For extended military leaves up to 30 days in duration, the University will continue to pay the differential for earnings as previously described and will continue all applicable benefits.
C: For military service extending beyond 30 days, pay differentials provided by the University will continue for a person of 6 months. Medical coverage will terminate on the last day of the month for which services to the University were performed. This will be considered a “qualifying event” under COBRA. The employee and their eligible dependents will be able to continue benefits under COBRA in accordance with USERRA regulations or choose to accept coverage under the military plans in effect at that time.
The University reserves the right to alter or extend this policy to meet specific circumstances as long as the minimum requirements of state and federal laws are met. Bargaining unit employees are covered by the terms and conditions of their labor agreements.