An employee is entitled to time off at full pay for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces. The Military Leave Department is to help our military personnel balance their work and family responsibilities. A staff member may elect to have the temporary training leave charged to accrued vacation or Paid Time Off (STB). To care for servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty see Family Medical Leave Policy – Military Family Leave. The employee's pay is reduced by the amount of military pay for the days of military leave. It is performed in connection with the prescribed activities of the Reserve or National Guard. This type of leave may be considered non-standard as compared to leave for other employees. Here is an example of a military leave policy used by a federal agency that may be helpful in creating your own. “Military Leave” is any time off that is provided to staff who are members of the National Guard or other reserve component of the United States Armed Services and who are called to active duty, attend scheduled reserve service, and/or temporary training duty. Employees who are also military personnel in the Reserve or National Guard will at times need to take leave for military training, mobilization, or deployment. Staff obligated to annual military training duty under the Universal Military Training and Service Act of 1951, as amended, should be granted Military Leave without pay. Reserve and National Guard Technicians are entitled to 44 workdays of military leave for duties overseas under certain conditions. Such time may be charged to sick leave or Paid Time Off (STB). The Uniformed Services Employment and Reemployment Rights Act (USERRA) was signed on October 13, 1994. This means that the staff member should be credited with eligibility and benefit accruals for the period of his or her absence. A full-time employee working a 40-hour work week will accrue 120 hours (15 days x 8 hours) of military leave in a fiscal year, or the equivalent of three 40-hour workweeks. Military Leave without pay should be granted upon a staff member’s submission of Department of Defense orders setting forth the commencement of military duty and its expected duration and a Request for Leave of Absence form to Corporate Payroll Box 90484, Durham, NC 27708. Major Command Manpower, Personnel and Services (MAJCOM/A1), Direct Reporting Unit (DRU)/A1 or Equivalent. You can find additional help in our handout, Planning for Military Leave for Employees in the Reserve and National Guard. When the employee requests military leave, they must make an appropriate request and provide copies of their military orders. You start at zero and for every month of military service, 2.5 days of leave get added to your leave account. Implements military leave program policy as outlined in this instruction and in conjunction with other offices as appropriate. For periods of service of 181 days or more, it is one year. For Personal Leave of Absences without pay due to military leave, employees should complete the online Qualifying Life Event Enrollment via Duke@Work and attach a copy of the military order to request cancellation of health coverage. As part of the military pay and benefits package, military service members earn 30 days of paid leave per year. Staff who are on an official military leave (as of the start of the new evaluation period) and who return to work during the fiscal year (in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994) will receive any across-the-board compensation adjustmentsthat they would have received if they had not been on military leave. Duke may not insist on knowing exactly when the staff member will return to work; however, the staff member can be asked to furnish the approximate beginning and concluding dates of his or her training. For Personal Leave of Absences without pay due to military leave, employees should complete the online Qualifying Life Event Enrollment via Duke@Work and attach … Military leaves of absence may be paid or unpaid leaves in accordance with the provisions of this policy. Any full-time or permanent part-time employee is entitled to military leave. 6323 (a) provides 15 days per fiscal year for active duty, active duty training, and inactive duty training. A covered employer must grant an eligible employee up to 12 workweeks of unpaid, job-protected leave during any 12-month period for qualifying exigencies that arise when the employee’s spouse, son, daughter, or parent is on covered active duty or has been notified of an impending call or order to covered active duty. Military Leave without pay should be granted upon a staff member’s submission of Department of Defense orders setting forth the commencement of military duty and its expected duration and a Request for Leave of Absence form to Corporate Payroll Box 90484, Durham, NC 27708. 1.2.3. An unpaid leave of absence for a period not to exceed 5 years to perform any form of military service, whether voluntarily or involuntarily, called or activated, such as being placed on active duty, for annual training, and for training weekends. However, an employee may choose not to take military leave and instead take annual leave in order to retain both company pay and military pay. The length of employment service accrual should continue for the term of the Military Leave but may be severed upon any voluntary extension of military service that is not at the request of the government. It consists of regularly scheduled unit training periods, additional training periods, and equivalent training. Any full-time or permanent part-time employee is entitled to military leave. It is recommended that the notice be given to the supervisor at least two weeks before the military-leave-of-absence start date. Military leave should be credited to a full-time employee on the basis of an 8-hour workday. A staff member who returns from Military Leave within 90 days of discharge and who has given Duke adequate notification of his or her intent to return to work will be placed in a position equal in status, benefits, and pay to the position which he or she vacated. Eligible employees may use 15 calendar days per year for Active Duty, Active Duty Training, and Inactive Duty Training. Up to 22 workdays of military leave may be granted per calendar year for emergency duty as ordered by the President or a State governor. Planning for Military Leave for Employees in the Reserve and National Guard. 6323 (b) provides 22 workdays per calendar year for emergency duty as ordered by the President, the Secretary of Defense, or a State Governor. An employee can carry over a maximum of 15 days into the next fiscal year. Military leaves of absence will be provided to regular and benefits-eligible staff in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and applicable North Carolina laws that protect individuals with military commitments from detrimental employment decisions based on those commitments. Sick leave, vacation, or Paid Time Off should continue to accrue as if the staff member had not been absent for military training. An employee can carry over a maximum of 15 days into the next fiscal year.5 U.S.C. 5 U.S.C. Training or retraining and other accommodations may be required of staff members who take military leaves of absence. At the time of his or her return from military leave, a staff member who worked more than six months during the preceding 12 months will be eligible for a pay increase based on the guidelines for staff working more than six months. In general, employers must provide the following to covered employees who are not in temporary positions: 1. Ensures subordinate units receive updates/changes to the military leave program. Permanent Active Duty. The period of this protection is 180 days following periods of service of 31-180 days. This can be for law enforcement or the protection of life and property. The Act applies to persons who perform voluntarily or involuntarily duty in the “uniformed services” – including the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services. The minimum charge to leave is one hour. Military Leave without pay should be granted upon a staff member’s submission of Department of Defense orders setting forth the commencement of military duty and its expected duration and a Request for Leave of Absence form to Corporate Payroll Box 90484, Durham, NC 27708.