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Military Leave of Absence

Purpose: To comply with federal law (Chapter 43 of Part III, Title 38, U.S. Code and the Uniformed Services Employment and Reemployment Rights Act of 1994).

Policy Statement: The College complies with and supports federal law which provided for unpaid leave of absence for National Guard and Military Reserve members and those who volunteer or are involuntarily inducted into military service, to attend military training and for active duty. All regular employees are eligible to take military leave.

Procedures:

1. Employees wishing to take military leave should make a written request to their supervisor or department chair as early as possible stating the dates the military leave will begin and end. The request should include a copy of orders to report to duty from the appropriate military authority.

2. The supervisor or department chair should document the military leave on a Personnel Action form and should attach the employee's request and military documentation to the form.

3. There is no limit on the number, frequency, or duration of training periods as long as they are authorized by the military. Up to a cumulative total of five years of extended active military duty is allowed. Employees on military leave are not required but may elect to access any accrued vacation pay to offset unpaid leave.

4. Employees on unpaid military leave may continue medical and dental insurance for one month by paying the employee share of the premium. Military leave beyond 31 days is a qualifying event under COBRA. Life, long term disability, and optional insurance plans will be continued for 12 months. The employee is responsible for premium payment of optional coverage. Conversion rights will be provided if the leave extends beyond 12 months. All other benefits will cease for the duration of the leave.

5. Employees who serve less than 31 days will be reinstated if the employee reports to work at the beginning of the first regularly scheduled workday after the employee is discharged. Employees who serve between 31 and 181 days must submit an application for reemployment no later than 14 days after the completion of the military service. Employees serving more than 181 days must submit an application for reemployment no later than 90 days after completion of military service.

6. Employees returning to work within 91 days will be reinstated to their original position. An employee who serves 91 days or more will be reinstated to the same or other position of like seniority, status and pay if the employee is qualified for the position.

7. An employee on military leave continues to maintain seniority. Upon reinstatement, wages, salary and benefits will continue at the level as if the employee remained in the position.

Approved by the Executive Council, June 24, 1992.

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