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Time-Off Benefits & Leave Plans (Chapter 5)

Active Military Duty Leave (Section 511)

If you are a member of the National Guard or a military reserve unit and are called to active military duty during a national, state, or local emergency, you will be granted unpaid military leave in accordance with applicable federal and state law. Such leave protects an employee's seniority and right to return to the same or a comparable position. The college provides a military pay differential to eligible employees.

Military Differential Pay

Regular Employees: Military leave is unpaid; however, if you are employed in a regular position of half time or more, you may be eligible for military differential pay for up to 10 work days in a calendar year. If you work half time or more, you are eligible for prorated differential pay based on the number of hours you are regularly scheduled to work. If military leave exceeds one calendar year, the differential is paid in the first year only.

Military differential pay is available only if you are called to active duty during the period of time you would normally be at work (e.g., if you work an academic-year schedule, you would not be eligible for differential pay for military leave during the summer).

Upon receipt of the appropriate documentation, the college will pay the difference between your regular salary and your military pay for the period of required active duty up to a maximum of 10 work days, provided that your military pay is less than your regular college pay for the work days missed. For the purpose of calculating differential pay, military pay includes base pay and allowances for subsistence, quarters, and travel (unless the allowances are offset by out-of-pocket expenses).

You are not entitled to back pay during military leave, but upon your return your salary will reflect any salary increases you would have received had you not been called to active duty. To request military differential pay, submit to the office of Human Resources your military pay voucher which verifies the dates you were on active duty and which includes a detailed breakdown of military pay and allowances.

Limited-Term Employees: If you hold a limited-term position which exceeds three years, you are entitled to military differential pay on the same terms and conditions as employees holding regular positions. If you hold a limited-term position of from one to three years, you are not eligible for military differential pay.

Temporary Employees: If you work less than half time, or hold a temporary position, you are not eligible for military differential pay.

Terms and Conditions

If you are called to active military duty during a national, state, or local emergency you will be granted military leave. Upon separation from active duty, you will normally be returned to your former position or to a comparable position, subject to the provisions and limitations of the Uniformed Services Employment and Reemployment Rights Act.

Under normal circumstances, the college will hold a position open for a regular full- or parttime employee for the first 12 months of military leave, during which the employee's position will normally be filled on a temporary basis only. Following 12 months of absence, the staff member's employment will be terminated. Termination of employment will not affect the employee's right to be reinstated following military service as outlined above.

The college reserves the right to fill a position on a regular basis prior to 12 months in situations such as the following: 1) in the case of senior administrators who occupy strategic positions; or 2) when the college's or the department's needs require this action. However, the replacement must be informed of the staff member's right to reemployment upon separation from active duty. The decision to fill the position prior to 12 months must be approved by the Associate Vice President for Human Resources.

Effect of Military Leave on Paid Time Off and Benefits

Paid Time Off: Time off for military duty will not be charged against your vacation time or personal days. However, you may elect to use vacation and/or personal time for this purpose.

While on military leave, you continue to earn personal time. Vacation and sick leave accruals continue during the first 12 weeks of military leave for those staff who are eligible to receive military differential pay. However, vacation and sick leave do not accrue during any combination of paid and/or unpaid leave which exceeds 12 consecutive weeks. Upon your return to work, vacation and sick leave accruals will resume as if there had been no interruption in service.

You are not entitled to holiday pay, recess pay, jury duty leave, bereavement leave, or any other paid leave while you are on unpaid military leave.

Benefits: You may continue to participate in the college's benefit plans during military leave (NOTE: Some benefit plans have contractual exclusions for some injuries or illnesses which result from military service.) The college will continue its premium contribution toward your coverage for health, dental, life, and long-term disability insurance for up to 12 weeks, and you will be billed for your share of the premiums. Retirement contributions are not made during unpaid military leave (except on differential pay) and tuition benefits are normally not available.

After 12 weeks you may retain membership in the college's group health, dental, life, and LTD insurance plans, but the college will discontinue its contributions and you must assume the full cost.

Procedures

If you have advance notice of orders to report to active duty, you are required to inform your supervisor and department head and to request a military leave if appropriate. However, the law does not require that notice be provided in instances where the orders for active duty cannot be issued in advance. You must provide a copy of your orders to your supervisor and to the Office of Human Resources as soon as possible.

In the case of exempt staff, supervisors must notify the Office of Human Resources and forward the military orders immediately so pay can be withheld for the exact dates the employee will be on unpaid military leave.

In the case of non-exempt staff, supervisors should identify unpaid military leave and the number of hours the employee was regularly scheduled to work on each work day missed on the biweekly time sheets.

Upon completion of active duty, staff members who are eligible for military differential pay should submit the military pay voucher which verifies the dates and times of military reserve training and the detailed breakdown of military pay and allowances to the Office of Human Resources.