5.14 Military Leave of Absence

Purpose

To provide a military leave of absence in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Scope

This policy applies to all faculty and staff employees of Rochester University.

Policy

USERRA is intended to minimize the disadvantages that occur when an employee needs to be absent from civilian employment to serve in the United States uniformed services.

Eligibility

Any person whose position of employment is interrupted because of military service, voluntary or involuntary. The absences include active duty, training, weekend drills and other requirements.

USERRA places a five-year limit on the combined length of an employee’s service connected absences from an employer. A returning service member is not entitled to reemployment with the pre-service employer if the total absence exceeds five years.

The following categories of service are exempt from the five-year service limitation:

• Required training for reservists and National Guard members, including two week annual training sessions and monthly weekend drills
• Service from which a person, due to no fault of the person, is unable to obtain a release before the expiration of the five year period
• Service required beyond five years to complete an initial period of obligated service
• Active duty service (other than for training) performed because of a war or national emergency or in support of a critical or operational mission
• Any kind of service other than active duty service if reemployment was initiated before December 12, 1994
• Active duty for training performed by a National Guard member up through December 11, 1994

Salary and Benefits

Military leave is granted without pay. For absences less than 30 days, benefits will continue as if the employee has not been absent. The employee is still responsible for any premiums he or she was responsible for prior to the leave. Payment arrangements must be made prior to the leave with the Human Resource Office. For absences of 31 days or more, benefits cease unless the employee elects to pay for COBRA coverage. COBRA coverage is extended from 18 to 24 months. Benefits will be reinstated the day the employee is reinstated to full-time employment status.

Eligibility for Reemployment

In accordance with USERRA, a returning service member is entitled to reemployment with the College if the following requirements are met:

• The individual left the College in order to serve in uniformed service. If an individual left a job for other reasons and subsequently decided to enter a uniformed service, he /she is not eligible for reemployment
• The person’s pre-service job was for more than a brief, non-recurrent period and was reasonably expected to continue for a significant length of time
• Advance written or verbal notice given to the College
• Five years or less of cumulative service in the uniformed services while working at the College
• The person returns to work or applies for reemployment in a timely manner after conclusion of service (timely manner as outlined by USERRA)
• Termination of person’s military service was under honorable conditions
• Person is qualified or can become qualified without undue hardship to the College for a position within the reemployment time frame applicable to that person
• There was no change in the College’s circumstances that would make reemployment impossible or unreasonable

Notice Required by Returning Service Member

• 1-30 days of service ...............Report next scheduled work day
• 31-180 days of service...........Apply within 14 days completion of service
• 181+ days of service...............Apply within 90 days after completion of service