PPM Section 13 -
Any regular (continuing or terminal) employee who enters the United States military service
will be granted an unpaid leave of absence and reinstatement privileges as prescribed by applicable
law, namely the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994.
"Military service" refers to voluntary or involuntary performance of duty
with the Armed Services, or their reserve components, including the Coast Guard, the Army
National Guard, the Air National Guard, or the commissioned corps of the Public Health
Military Leave is available to all full- and part-time, non-temporary employees of the
University, including probationary employees.
To qualify for reinstatement, employees must:
- Provide their supervisor with written or verbal notice of impending military leave,
unless such a notice is impossible or unreasonable.
- Provide the University with written confirmation of release, under honorable conditions,
from military service.
- If total military leave is less than five (5) years, employees must apply for reinstatement
within specified time periods (see following "Application for Reinstatement"
provisions). Employees in military service for more than five (5) years may be ineligible for reinstatement.
- Apply for reinstatement by contacting Human Resources or their departmental supervisor
in writing, by phone, or in person.
Application for reinstatement
When applying for reinstatement, employees must do the following within the stated time limitations:
- If service is less than thirty-one (31) days, employees must report at the beginning
of the first regularly scheduled workday following release from service.
- If service is between thirty-one (31) and one hundred and eighty (180) days, employees
must report no later than fourteen (14) days following release from service.
- If service is greater than one hundred and eighty (180) days, employees must report
no later than ninety (90) days following release from service.
- Deadlines for reinstatement application may be extended for a maximum of two (2) years
for employees who are hospitalized or convalescing from an injury caused by active military
University reinstatement policy
- If employees meet reinstatement requirements, and have served less than ninety-one (91)
days, the University will restore them to a position that they would have attained had
they remained continuously employed.
- Employees with ninety-one (91) or more days of military service may receive a position
of comparable seniority, status, and pay.
- If the returning employee's skills need upgrading to meet the requirements for a prior
or promoted position, the University will make reasonable efforts to refresh or update
these skills unless such efforts would create undue hardship for the University.
- When an employee with a service-related disability is not qualified to perform the essential
functions of their job after the University has made reasonable efforts to accommodate
the disability, the employee may be placed in another position of comparable pay, rank,
- Employees who are not qualified for their job for reasons other than a service-related
disability may be placed in a lesser position in terms of status and pay for which they
are qualified. In such a case, the employee's seniority is maintained.
Benefits and seniority
- Seniority. Upon reinstatement, employees are restored to the seniority they would
have attained if they had been on duty at the University continuously.
- FMLA eligibility. Upon reinstatement, eligibility for FMLA leave shall be calculated
as though no break in employment has occurred.
- Pension plan and vesting. Employee pension plan accrual and vesting continues
during military service as though no break in employment has occurred. The University
will make any accrued contributions to the employee's pension plan after the employee
has returned to active employment for ninety (90) days. The employee may elect to make
up any employee contributions missed during the military leave. Such contributions must
be paid into the plan within a period not to exceed three (3) times the length of the
military leave, up to a maximum of five (5) years.
- Health insurance. During the first thirty (30) days of military leave, the University
will continue to provide group health insurance for the employee; employees will be billed
for their share of any enrolled dependent's health coverage. Employees serving for more
than thirty (30) days may elect to continue health insurance coverage for themselves and
any enrolled dependent(s) for up to twenty-four (24) months. The cost to the employee
is one hundred and two percent (102%) of the insurance premium. Upon reinstatement, the
employee's health plan will resume as if their employment had not been interrupted.
- Paid leave. Employees may elect, but are not required, to use any accrued annual
leave or similar leave with pay during their military leave. Annual and sick leave, or
any other similar paid leave time, will not continue to accrue during any unpaid portion
of the military leave of absence
- Other benefits. Benefits contingent upon active employment, other than those
stated above, will not continue during an unpaid military leave of absence.
Protection against discharge
An employee who is reinstated under the provisions of the USERRA and has served thirty-one
(31) to one hundred and eighty (180) days cannot be discharged by the University without cause
for six (6) months following reinstatement. If the length of military service was more than
one hundred and eighty (180) days, but less than five (5) years, the employee cannot be discharged
without cause for one (1) year following reinstatement.
This policy is intended to comply with the Uniformed Services Employment and Reemployment Rights
Act (USERRA) of 1994. To the extent that any provision of this policy is ambiguous and/or contradicts
the Act, the language of the Act will prevail.