Under the Uniformed Services Employment and Reemployment Rights Act of 1994, all leaves of absence for military service are granted without pay. An employee should notify the department head immediately upon receiving notice and supply the department head with a copy of his or her official orders. This copy will be submitted by the department head to the Human Resources Office. No notice is required if:
a) Military necessity prevents the giving of notice; or
b) the giving of notice is otherwise impossible or unreasonable.
DURATION OF SERVICE
The cumulative length of an employee's absences from a position may not exceed five (5) years. There are eight (8) categories of service that 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 callup 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.
The employee's separation from military service must be under honorable conditions in order to be entitled to reemployment rights.
REPORTING BACK TO WORK
Time limits for returning to work now depend on the duration of a person's military service. Military leaves will not affect any vacation or sick time accrued.