Employee-reservists who are called to active duty are entitled to a leave of absence of up to five years, with the right to return to their university job, and 30 days paid leave military per year.
In addition, employees who enlist or who are called for active military duty during the War on Terror will be compensated for the difference between their University base pay and their military pay and allowances for a period not to exceed the employee's tour of active duty, or until June 30, 2014, or until the predetermined separation date of an employee's University appointment, whichever comes first. The supplement to military pay begins on the first day of unpaid military leave.
Eligibility and conditions included below are extracted from Policy 2.210 Absence From Work.
Resources:
Eligibility
Military leave is granted for:
- Reserve training leave for inactive duty, such as weekly or monthly meetings or weekend drills.
- Temporary military leave, when ordered to active duty, for training for a period not to exceed 180 calendar days, including time spent traveling to and from such duty.
- Extended military leave, when an employee enlists or is ordered into active- duty service of any length or active-duty training in excess of 180 days, or when an employee is ordered into active federal military duty as a member of the National Guard or Naval Militia. Such leave will be granted for a period not to exceed five (5) years. In addition, leave will be granted for a period up to six (6) months from the date of release from duty.
- Emergency National Guard leave, 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 as a member of the National Guard is called to active federal military duty at the request of the President of the United States is not eligible for emergency National Guard leave, but will be granted extended military leave.
- Civil Air Patrol leave, when an employee who as a volunteer member of the Civil Air Patrol is directed and authorized to respond to an emergency operational mission of the California Wing of the Civil Air Patrol. Provided that an employee has been employed by the University for the ninety (90) days immediately preceding the commencement of leave, such leave will be granted for a period not to exceed ten (10) days per year.
- • Physical examination leave, 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.
Notice Required
An employee is to provide advance verbal or written notice of the need for military leave except when such notice is precluded by military necessity, impossibility, or reasonableness. Employees also are expected to provide their supervisors with as much advance notice as possible of their anticipated date of release from duty and return to work.
Pay During Military Leave
An employee granted reserve training leave, temporary military leave for active- duty training, or extended military leave is entitled to receive the employee’s regular University pay for the first thirty (30) calendar days of such leave in any one fiscal year, provided that:
- The employee has completed twelve (12) months of University service immediately prior to the granting of the leave (all prior full-time military service will be included in calculating this University service requirement); and
- The aggregate of payments for reserve training leave, temporary military leave, extended military leave, and military leave for physical examination does not exceed thirty (30) calendar days’ pay in any one fiscal year.
- An employee granted physical examination leave is entitled to receive the employee’s regular University pay provided that:
- The physical examination is a pre-induction or pre-enlistment physical examination required to fulfill a commitment under a Selective Service or comparable law, or during a period of war or comparable national emergency; and
- The aggregate of payments for temporary military leave, extended military leave, and military leave for physical examination do not exceed thirty (30) calendar days’ pay in any one fiscal year. Time off for other physical examinations in connection with military service may be charged to accrued sick leave, vacation leave, and/or compensatory time off, or will be unpaid.
An employee granted military leave for emergency National Guard duty is entitled to receive the employee’s regular University pay for a period of up to thirty (30) calendar days.
An employee is eligible for pay regardless of the length of his/her University service, and such pay is in addition to any University payment for temporary military leave for active-duty training, extended military leave, and military leave for physical examinations.
An employee serving on active duty in a military campaign in connection with the national state of emergency declared in the aftermath of the September 11, 2001 attacks may be eligible for certain benefits under the Policy on Supplement to Military Pay. An employee who is not eligible for military leave with pay may elect to substitute accrued vacation, PTO (of applicable), and/or compensatory time off. Otherwise, the military leave will be unpaid.
Reinstatement Following Release from Military Service:
- An employee will have such right to return, and only such right, as may be required by state or federal law in effect at the time the employee applies for reinstatement.
Effect on Benefits
- An employee granted military leave with pay will receive all benefits related to employment that are granted when an employee is on pay status.
- An employee granted military leave without pay will receive:
- Retirement benefits and service credit in accord with the provisions of the applicable retirement system;
- Heath plan coverage at the employee’s request and expense for a limited period of time as described in the University Group Insurance Regulations;
- Other length-of-service credits related to employment that would have been granted had the employee not been absent, provided that the employee returns at the conclusion of the leave in accordance with applicable federal and state law; and
- Vacation and sick leave accruals and holiday pay only in accordance with policy.