Military Leave (Extended) / Reinstatement of Veterans.

Similar documents
Human Resources. Additional References: NC GS 127A-116 and the Uniformed Services Employment and Reemployment Rights Act of 1994

STATE PERSONNEL MANUAL Section 5, Page 87 Revised January 1, 2012

Santa Barbara Unified School District Administrative Regulation

Department of Defense INSTRUCTION

ARTICLE 21 MILITARY LEAVES

Procedure: 4.5.2p6. [III.U.6.f.] Military Leave [Revise and Re-Number]

County of Sonoma Military Leave Policy

REPORT DOCUMENTATION PAGE

UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA) TRAINING. Report Tile UNITED STATES OFFICE OF PERSONNEL MANAGEMENT

If a team member needs time away from work due to illness, personal emergency or other personal matter, Target may grant a leave of absence.

Checklist for Civilian Employees Entering Active Duty under USERRA

2014 Annual Convention. USERRA Re-Employment Rights of the Military

UCF/HCA GME Consortium Leave and Injury Policy (IV.G)

DOD INSTRUCTION GENERAL BONUS AUTHORITY FOR OFFICERS

U.S. Department of Labor Veterans Employment & Training Service (VETS) Tony Smithhart Iowa Director

Readmission of Servicemembers to Postsecondary Institutions

STATE PERSONNEL SYSTEM

Checklist for Civilian Employees Entering Extended Active Duty

Military Leave. Summary of Policy. Historical Perspective. Last Board Action. Attachment

Q & A USERRA. The Uniformed Services Employment & Reemployment Rights Act of 1994 Revised and Restated

MANAGING AND CERTIFYING EFFORT ON SPONSORED PROJECTS

LAW REVIEW 201. Have I Exceeded the Five-Year Limit? By CAPT Samuel F. Wright, JAGC, USNR*

Department of Defense INSTRUCTION. SUBJECT: Reserve Component Incapacitation System Management

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

ARTICLE 13 WAGES. A. On the anniversary date in each year all bargaining unit members shall

DOD INSTRUCTION , VOLUME 575 DOD CIVILIAN PERSONNEL MANAGEMENT SYSTEM: RECRUITMENT, RELOCATION, AND RETENTION INCENTIVES

SUBJECT: Family, Medical, and Military Leaves of Absence POLICY NUMBER: III-17 APPROVED: PAGES: 1 of 7 DATE ISSUED: 10/01/93

ARTICLE 23 LAYOFF & REDUCTION IN TIME

Agreement Between The Cooley Dickinson Hospital, Inc. and Massachusetts Nurses Association

POLICY ON PROBATION, SUSPENSION, AND DISMISSAL OF RESIDENTS/CLINICAL FELLOWS

World Bank Group Directive

IC Chapter 7. Training and Active Duty of National Guard; Benefits of Members

Department of Defense INSTRUCTION

OPNAVINST B N1/PERS-9 24 Oct 2013

Department of Defense INSTRUCTION

UNIVERSITY OF UTAH RULES FOR THE PERSONAL ACTIVITY REPORT SYSTEM (PAR)

OPNAVINST N13 20 Dec Subj: SEPARATION PAY FOR INVOLUNTARY SEPARATION FROM ACTIVE DUTY

The University of Rochester Policy: 358 Personnel Policy/Procedure Page 1 of 8 Created: 1/09

DOD INSTRUCTION VOLUNTARY SEPARATION PAY (VSP) PROGRAM FOR SERVICE MEMBERS

UNC Hospitals Graduate Medical Education Resident and Subspecialty Resident Family Medical Leave Act Policy

Family and Medical Leave Policy

Soldier Name: SSN: KCN:

Department of Defense INSTRUCTION. SUBJECT: Family Subsistence Supplemental Allowance (FSSA) Program

Leaves of Absence. Statement

MARSHALL UNIVERSITY JOAN C. EDWARDS SCHOOL OF MEDICINE GRADUATE MEDICAL EDUCATION POLICY ON COMPENSATED AND UNCOMPENSATED LEAVE

REGISTERED NURSES COLLECTIVE BARGAINING AGREEMENT. By and Between WASHINGTON STATE NURSES ASSOCIATION. and WHIDBEY GENERAL HOSPITAL

Department of Defense INSTRUCTION

VISITING SCIENTIST AGREEMENT. Between NORTH CAROLINA STATE UNIVERSITY. And

DEPARTMENT OF THE NAVY OFFICE OF THE CHIEF OF NAVAL OPERATIONS 2000 NAVY PENTAGON WASHINGTON, DC

FAMILY AND MEDICAL LEAVE (FMLA) POLICY

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

SWEET HOME SCHOOL DISTRICT FAMILY AND MEDICAL LEAVE HANDBOOK

Department of Defense INSTRUCTION

TERMS and CONDITIONS of BUSINESS Executive Search and Recruitment Terms

Family Military Leave guidelines

CHECKLIST FOR TECHNICIANS ENTERING MILITARY ACTIVE DUTY AND USERRA RETURN TO DUTY EMPLOYMENT RESTORATION DUTY STATUS

MILITARY CIVIL RELIEF ACT (excerpts) 51 Pa.C.S et seq. (see section 7315 for lease termination provisions) TABLE OF CONTENTS

Agreement Between. Massachusetts Nurses Association. and. The Cooley Dickinson Hospital, Inc. January 22, January 21, 2020

terms of business Client Details Client name:... Billing name:... Address:... address:... NZBN/NZCN:... Contact name:... Phone number:...

COLLECTIVE AGREEMENT. CENTRE FOR ADDICTION AND MENTAL HEALTH (Hereinafter called the "Employer")

EMPLOYMENT AGREEMENT. By and Between GOOD SAMARITAN HOSPITAL. and WASHINGTON STATE NURSES ASSOCIATION

AGREEMENT. Between MONTANA NURSES ASSOCIATION LOCAL UNIT #2. and BILLINGS CLINIC (HOSPITAL) July 1, through. June 30, 2020

CHAPTER 37 - BOARD OF NURSING HOME ADMINISTRATORS SUBCHAPTER 37B - DEPARTMENTAL RULES SECTION GENERAL PROVISIONS

UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA, Reference CLRC Meeting No , Item 1 and CLRC Meeting No.

Labor Agreement MARCUS DALY MEMORIAL HOSPITAL MONTANA NURSES ASSOCIATION MDMH LOCAL #35. between. and

DOD INSTRUCTION INVOLUNTARY SEPARATION PAY (NON-DISABILITY)

POLICY AND PROCEDURE. Resident and Subspecialty Resident Serious Illness, Major Disability, and Parental Leave

IC Chapter 4. Police and Fire Employment Policies in Cities

HONOLULU POLICE DEPARTMENT POLICY HUMAN RESOURCES AND TRAINING

Department of Defense INSTRUCTION

PT-808 Revised: December 2007 For Additional Information: (DSN 426) or

Family and Medical Leave Policy for Faculty

RULES ON MILITARY LEAVE UNDER USERRA AND FMLA: THE STORY OF SAMMY SOLDIER AND HIS WIFE, WANDA

Labor Management Local Contract

A GUIDE TO THE MOBILITY AND HARDSHIP SCHEME AND RELATED ARRANGEMENTS

Department of Defense INSTRUCTION. SUBJECT: Reserve Component Member Participation Requirements

Bylaws of the College of Registered Nurses of British Columbia BYLAWS OF THE COLLEGE OF REGISTERED NURSES OF BRITISH COLUMBIA

The care of your newborn child, or the placement of a child with you for adoption or foster care; or

Bylaws of the College of Registered Nurses of British Columbia. [bylaws in effect on October 14, 2009; proposed amendments, December 2009]

Workforce Solutions South Plains

Department of the Army Volume 2014 Defense Civilian Intelligence Personnel System Employee Grievance Procedures March 25, 2012 Incorporating Change

Reserve Active Duty Orders

Administrative Instruction

COLLECTIVE AGREEMENT. between. THE CORPORATION OF THE CITY OF CORNWALL (Hereinafter referred to as the Employer ) AND

Client name:... Billing name:... Address:... address:... ABN/ACN:... Contact name:... Phone number:... Cost register (office use):...

J A N U A R Y 2,

DOD INSTRUCTION AVIATION INCENTIVE PAYS AND BONUS PROGRAM

FAMILY MEDICAL LEAVE (FMLA) OVERVIEW **********Keep this Overview for your own reference**********

Department of Defense INSTRUCTION

HOME AND COMMUNITY CARE POLICY MANUAL

IEEE-USA ENGINEERING & DIPLOMACY FELLOWSHIP PROGRAM POLICIES & PROCEDURES (State Department Fellowship)

A Bill Regular Session, 2015 HOUSE BILL 1162

Professional. Agreement. between OREGON NURSES ASSOCIATION. and SAINT ALPHONSUS MEDICAL CENTER - ONTARIO

Guidance on Effort Reporting and Certification Policies

AGREEMENT. between OREGON NURSES ASSOCIATION. and PROVIDENCE HOOD RIVER MEMORIAL HOSPITAL

Sports Leadership and Development Doctor of Philosophy Scholarship

Guide to Veterans Preference FEDERAL STATE LOCAL

ROTC Kicker Reference Packet

Department of Defense INSTRUCTION

3.17 MOBILITY & HARDSHIP ALLOWANCE

Transcription:

03.608 Military Leave (Extended) / Reinstatement of Veterans. 1. Military Leave (Extended) - (Reinstatement of Veterans). Any regular System employee who leaves a position to enter active military service because of induction (draft) or enlistment, or who is ordered to active duty as a member of the Texas National Guard, State Guard, or as a member of any of the reserve components of the Armed forces of the United States, shall be considered to be on extended military leave of absence without pay, and upon honorable discharge within five years from the date of enlistment or call to active service shall be reinstated to the former employment under the following provisions: a. The employee must make written application for reinstatement after discharge, separation or release from military service. 1. If the period of military service was more than 30 days but less than 181 days, the employee must apply for reemployment not later than 14 days after military service is completed, or the next full calendar day when such application becomes possible. 2. If the period of military service was greater than 180 days, the employee must apply for reemployment not later than 90 days after service is completed. Evidence of honorable discharge, separation or release must be attached to the written application. If it is impossible or unreasonable for the employee to apply for reinstatement within the prescribed period through no fault of the service member, he or she is allowed to report as soon as possible following the period, but will be subject to established policy and general practices of the System pertaining to explanations and discipline with respect to absence from scheduled work. Upon compliance with the provision stated above, the employee shall be reinstated to the same position or to a position of like seniority, status, and pay, if qualified physically and mentally to perform the essential functions of the position, with or without accommodation. An employee who has a disability incurred or aggravated during service must receive priority treatment in securing his/her previous position, if still qualified. b. If the employee is not qualified to perform the essential functions of the former position because of a serviceconnected disability, he/she shall be restored to a position

which most nearly approximates the former position in seniority, pay, and status. c. Exceptions. Eight categories of service are exempt from the five-year limitation. These include: 1. Service required beyond five years to complete an initial period of obligated service. 2. Service from which a person, through no fault of the person, is unable to obtain a release within the five year limit. 3. Required training for reservists and National Guard members. 4. Service under an involuntary order to, or to be retained on, active duty during domestic emergency or national security related situations. 5. Service under an order to, or to remain on, active duty (other than for training) during a war or national emergency declared by the President or Congress. 6. Active duty (other than for training) by volunteers supporting operational missions for which Selected Reservists have been ordered to active duty without their consent. 7. Service by volunteers who are ordered to active duty in support of a critical mission or requirement in times other than war or national emergency and when no involuntary call-up is in effect. 8. Federal service by members of the National Guard called into action by the President to suppress an insurrection, repel an invasion, or to execute the laws of the United States. 2. Use of Administrative (Emergency) Leave During Military Activation for Homeland Security/Emergency Leave Differential for Military Leave (Extended). As encouraged by the Governor of Texas letter of November 21, 2001, effective December 1, 2001, state employees called to active duty in reserve or National Guard units in support of the Homeland Security mission under US Code Title 10 or Title 32 and whose military pay total entitlement is less than their gross state

pay may qualify for a benefit consisting of administrative (emergency) leave covering the differential between their state pay and their military pay. Approval of such leave is subject to the following conditions: a. The System shall not be under a documented financial exigency at the time of the employee s call-up for military leave. The President shall determine and declare any financial exigency. b. Normal military training or attendance at military schools will not be granted administrative (emergency) leave. c. Employees shall give advance written or verbal notice of military service activation unless such notice is precluded by military necessity. d. Only regular non-probationary retirement-eligible employees are eligible; employees in probationary status and temporary employees are not eligible. e. Employees under disciplinary action at the time of their military call up are not eligible. If a disciplinary action is pending at the time of call-up, the employee would receive the administrative (emergency) leave supplement until such time as the System determines that disciplinary action is warranted. f. If applicable, the administrative (emergency) leave differential may be paid to the employee while they are on active duty not to exceed a period of 6 months total during a single military activation. g. The amount of differential pay required, if applicable, shall be verified each month by receipt of the employee s Military Leave and Earnings Statement (LES) as calculated against the employee s total gross state compensation for a comparable time period. The dollar amount of the differential will be calculated to a percentage of the employee s FTE to derive the number of hours of Administrative (Emergency) Leave granted to the employee. h. All administrative (emergency) leave granted under this provision shall be documented in the employee s time records with administrative approvals. i. The System shall determine the maximum financial resources that can be dedicated to this program. If the cap is exceeded by eligible candidates, the System shall prorate the amount of administrative (emergency) leave granted to those eligible for the benefit. 3. Benefits Administration. The administration of employee benefits during a military leave of absence shall be as follows:

a. Employees may either freeze accrued vacation leave until they return, or expend it. Accrued sick leave shall be frozen until the employee returns to work. If a staff member does not return to work, he shall be paid for all frozen vacation leave as of the last day of duty. Such lump sum payment will be paid at the rate of pay as of the last day of duty. b. Credit for vacation or sick leave entitlement is not accumulated during a leave of absence without pay. If the employee has any fraction of paid employment in a month, he will be credited with sick leave and vacation entitlement for that month. c. An employee's time in an extended military leave of absence without pay is creditable toward "total State employment" for the purpose of earning vacation leave, and is also creditable to seniority and longevity, but the employee does not accrue vacation or sick leave while on active duty and not in the employ of the State. d. An employee's time in an extended military leave of absence shall count toward satisfying the employee's probationary period unless the employee was hired as a trainee. If the employee was hired as a trainee, then the returning employee can be required to finish the training period. e. No pay is given for holidays which occur during the period of leave of absence without pay. f. The employee's retirement program will remain intact with benefits suspended until he/she returns to work. g. Employees called to active duty may continue all insurance coverage except disability, which is suspended, for up to 12 continuous months under the rules of the Uniform Group Insurance program administered by the Employees Retirement System. While on leave without pay status during the initial 12 months employees are not eligible for the state contribution and must pay the full premium for coverage. If premiums are not paid all coverage must be canceled. If military service continues beyond 12 months, the employee is eligible to continue health and dental coverage for himself and/or dependents for up to 18 months under the provisions of COBRA provided coverage has not been canceled for nonpayment of premiums.

4. General. Employees who return to work from Military status may, effective the date they return to work, reinstate all reduced or canceled coverages that were in effect immediately prior to going on Military leave provided the employee returns to work within 90 days of being discharged from active duty and completes enrollment forms within 30 days from the date the employee returns to work. No new period of preexisting conditions exclusion for health or disability coverage would apply. However, if the period of preexisting conditions exclusion was not completed by the date coverages were canceled, the remainder of the preexisting conditions exclusion period would apply. Employees who reinstate coverage in the dental indemnity plan will get credit for the amount of time they were enrolled in the plan prior to their Military status. a. An employee's right to reinstatement under this policy and applicable laws cannot be revoked or forfeited, regardless of whether they terminate their employment with the System. b. An individual on leave without pay may be replaced with a temporary employee during his/her absence. c. Extended military leave of absence must be requested in advance, unless giving of such notice is precluded by military necessity or is otherwise impossible or unreasonable. The employee's military orders must be attached to the Application for Approval of Leave/Overtime Form UPO-15, which must be submitted to the Chancellor for approval. * d. An employee who returns from an extended military leave of absence without pay is entitled to any across-the-board or mandatory raises that have been granted to employees in similar positions during the absence.. REFERENCES: Chapter 613, Texas Government Code. Attorney General Opinion No. H-941, February 9, 1977.

Rules and Regulations of the Uniform Group Insurance Program administered by the Employee Retirement System of Texas. P.L. 103-353, Uniformed Services Employment and Reemployment Rights Act of 1994. Appropriations Bill, Article IX, Section 8.