Page 24 - Personnel Policy and Procedures Manual

USERRA provides guidelines for employees who elect military leave and for the prompt reemployment of
employees who left employment to perform military training or service in one of the Uniformed Services
and who have completed such service under honorable conditions. The Uniformed Services include the
Armed Forces, the Army National Guard, and Air National Guard when engaged in active duty for training,
inactive duty training or full-time National Guard duty, the commissioned corps of the Public Health
Service, and any other category of persons designated by the President in time of war or emergency.

A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or
has an obligation to perform service in a Uniformed Service shall not be denied initial employment,
reemployment, retention in employment, promotion, or any benefit of employment by an employer on the
basis of that membership, application for membership, performance of service, application for service or
obligation.

Policy Details

REQUESTING LEAVE

Employees who enter the Uniformed Services are entitled to military leave of absence without pay for a
period not to exceed a cumulative total five (5) years not to include those periods of service exempted by
federal law (USERRA Regulations, 20 CFR & 1002.103).

The employee is required to provide notification to the department as soon as reasonably possible of the
need for military leave. In addition, the employee should contact Human Resources in order to complete
the appropriate leave form. If available, a copy of the appropriate military orders or other supporting
documentation for situations that do not warrant military orders should be attached to the appropriate leave
form. When written orders are not provided in advance of leave, the department may request the orders
upon return from leave.

DEPARTMENT DOCUMENTATION

All appropriate leave forms should be submitted to Human Resources at the time of the military leave along
with all supporting documentation placing the employee on military leave. This documentation should
include the military orders/supporting documentation when available and a letter to the employee
confirming the reason and dates of the leave.

USE OF LEAVE BALANCES

In accordance with federal law, employees are not required to use Annual Leave or Sick Leave for military
leave. However, employees may elect to use their Annual Leave or Sick Leave. Employees electing to use
accrued, unused Annual Leave or Sick Leave during a military leave must request in writing to use unused
Annual Leave or Sick Leave balances. Otherwise, the employee will take leave without pay for the entire
leave period.

To the extent that military leave is taken as paid leave, employees on military leave will continue to accrue
vacation and sick leave during the paid portion of the leave. Employees do not accrue sick or vacation leave
while on unpaid leave.

All periods of military leave without pay will be counted as credited service for all benefits that are based
on length of service, including service awards.
All Rights Reserved – As approved by the Commission on 05-07-2019 24 | P a g e