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USERRA Leave

Eligibility

Employees taking part in a variety of military duties are eligible for benefits under this policy. Such military duties include leaves of absence taken by members of the uniformed services, including Reservists, National Guard members for training, periods of active military service, and funeral honors duty, as well as time spent being examined to determine fitness to perform such service. Subject to certain exceptions under the applicable laws, these benefits are generally limited to five years of leave of absence.

Procedures for Taking Military Leave

Unless military necessity prevents it, or is otherwise impossible or unreasonable, employees should provide their supervisor with notice of the need for leave as far in advance as is reasonable under the circumstances. Written notice is preferred, but not required under the law or this policy. Additionally, it is preferred, but not required under the law or this policy, that the notice be accompanied by a copy of the order, directive, notice or other document requiring the work absence. Employees may choose to take leave without pay or to use accumulated vacation days during the leave.

Application for Re-Employment

An employee who has engaged in military service must, in order to be entitled to the re-employment, submit an application for re-employment according to the following schedule:

  1. If service is less than 31 days (or for the purpose of taking an examination to determine fitness for service) – the employee must report for re-employment at the beginning of the first full regularly scheduled working period on the first calendar day following completion of service and the expiration of eight hours after a time for safe transportation back to the employee’s residence.
  2. If service is for 31 days or more but less than 181 days – the employee must submit an application for re-employment with Human Resources no later than 14 days following the completion of service.
  3. If service is over 180 days – the employee must submit an application for re-employment with Human Resources no later than 90 days following the completion of service.
  4. If the employee is hospitalized or convalescing from a service-connected injury – the employee must submit an application for re-employment with Human Resources no later than two years following completion of service.

Documentation Necessary for Re-Employment

Employees who apply for re-employment following military service must provide their supervisor with military discharge documentation to establish the timeliness of the application for re-employment, the duration of the military service, and the honorable discharge from the military service.

Exceptions to Re-Employment

In addition to the employee’s failure to apply for re-employment in a timely manner, an employee is not entitled to reinstatement if any of the following conditions exist:

  1. The College’s circumstances have so changed as to make re-employment impossible or unreasonable.
  2. Re-employment would pose an undue hardship upon the College.
  3. The employee’s employment prior to the military service was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period.
  4. The employee did not receive an honorable discharge from military service.

Position upon Re-Employment

Upon an employee’s prompt application for re-employment (as defined above), an employee will be reinstated to employment in the following manner depending upon the employee’s period of military service:

  1. Less than 91 days of military service – (i) in a position that the employee would have attained if employment had not been interrupted by military service; or (ii) if found not qualified for such position after reasonable efforts by the College, in the position in which the employee had been employed prior to military service.
  2. More than 90 days and less than 5 years of military service – (i) in a position that the employee would have attained if employment had not been interrupted by military service or a position of like seniority, status and pay, the duties of which the employee is qualified to perform; or (ii) if proved not qualified after reasonable efforts by the College, in the position the employee left, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform.
  3. Employee with a service-connected disability – if after reasonable accommodation efforts by the employer, an employee with a service-connected disability is not qualified for employment in the position he or she would have attained or in the position that he or she left, the employee will be employed in (i) any other position of similar seniority, status and pay for which the employee is qualified or could become qualified with reasonable efforts by the College; or (ii) if no such position exists, in the nearest approximation consistent with the circumstances of the employee’s situation.

Benefits

While on leave, employees are entitled to participate in any rights and benefits not based on seniority that are available to employees on comparable nonmilitary leaves of absence, whether paid or unpaid, including those rights and benefits that become effective during their service and that are provided to similarly situated employees on furlough or leave of absence. Employees may be required to pay the employee cost, if any, of any funded benefit to the extent that other employees on leave of absence are so required.

Employees re-employed following military leave will receive seniority and other benefits determined by seniority that the employee had at the beginning of the military leave, plus any additional seniority and benefits the employee would have attained, with reasonable certainty, had the individual remained continuously employed.

In effect November 3, 2017.
Vice President for Finance and Business Affairs.