Up to 22 workdays of military leave may be granted per calendar year for emergency duty as ordered by the President or a State governor. When the employee requests military leave, they must make an appropriate request and provide copies of their military orders. Covered active duty means: Unless giving notice is unreasonable or precluded by military necessity, staff requiring a military leave of absence should provide their supervisors with a written or verbal advance notice along with, if available, a copy of the military order. Staff on Temporary Training Duty (either on paid or unpaid leave) are fully eligible for all benefits. Federal training or service in the Army National Guard and Air National Guard also gives rise to rights under USERRA. A staff member who returns from Military Leave within 90 days of discharge and who has given Duke adequate notification of his or her intent to return to work will be placed in a position equal in status, benefits, and pay to the position which he or she vacated. Uniformed service includes active duty, active duty for training, inactive duty training (such as drills), initial active duty training, and funeral honors duty (performed by the National Guard and reserve members), as well as the period for which a staff member is absent from Duke employment for the purpose of an examination to determine fitness to perform any such duty. Military leaves of absence may be paid or unpaid leaves in accordance with the provisions of this policy. Alternatively, the staff member may request payment in the pay period during which the holiday occurs. An employee is entitled to time off at full pay for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces. The Uniformed Services Employment and Reemployment Rights Act (USERRA) was signed on October 13, 1994. 6323 (a) provides 15 days per fiscal year for active duty, active duty training, and inactive duty training. An employee's pay remains the same for periods of military leave. Major Command Manpower, Personnel and Services (MAJCOM/A1), Direct Reporting Unit (DRU)/A1 or Equivalent. Permanent Active Duty. For periods of service of 181 days or more, it is one year. You start at zero and for every month of military service, 2.5 days of leave get added to your leave account. This can be for law enforcement or the protection of life and property. 1.2.3.1. Military Leave. The period of this protection is 180 days following periods of service of 31-180 days. Planning for Military Leave for Employees in the Reserve and National Guard. For Personal Leave of Absences without pay due to military leave, employees should complete the online Qualifying Life Event Enrollment via Duke@Work and attach a copy of the military order to request cancellation of health coverage. This means that the staff member should be credited with eligibility and benefit accruals for the period of his or her absence. If the returning staff member did not work during the preceding 12 months, he or she will receive the greater of their current rate or the minimum of their pay range. An employee can carry over a maximum of 15 days into the next fiscal year.5 U.S.C. Military Leave without pay should be granted upon a staff member’s submission of Department of Defense orders setting forth the commencement of military duty and its expected duration and a Request for Leave of Absence form to Corporate Payroll Box 90484, Durham, NC 27708. VA does not endorse and is not responsible for the content of the linked websites. Upon completion of Temporary Training Duty, the staff member will return to the position held prior to military leave. The Military Leave Department is to help our military personnel balance their work and family responsibilities. To care for servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty see Family Medical Leave Policy – Military Family Leave. For Personal Leave of Absences without pay due to military leave, employees should complete the online Qualifying Life Event Enrollment via Duke@Work and attach … At the time of his or her return from military leave, a staff member who worked more than six months during the preceding 12 months will be eligible for a pay increase based on the guidelines for staff working more than six months. An unpaid leave of absence for a period not to exceed 5 years to perform any form of military service, whether voluntarily or involuntarily, called or activated, such as being placed on active duty, for annual training, and for training weekends. Employees who request military leave for Inactive Duty Training (which generally is two, four, or six hours in length) will be charged only the amount of military leave necessary to cover the period of training and necessary travel. As part of the military pay and benefits package, military service members earn 30 days of paid leave per year. Any full-time or permanent part-time employee is entitled to military leave. In general, employers must provide the following to covered employees who are not in temporary positions: 1. If a staff member worked six months or less during the preceding 12 months, he or she will be eligible for an increase based on the guidelines for staff who have worked six months or less. Eligible employees may use 15 calendar days per year for Active Duty, Active Duty Training, and Inactive Duty Training. An employee is entitled to time off at full pay for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces. An employee may be charged military leave only for the hours that the employee would otherwise have worked and received pay. Holidays falling within the leave period will be credited to the staff member and may be taken within 60 days after a return from leave. 6323 (b) provides 22 workdays per calendar year for emergency duty as ordered by the President, the Secretary of Defense, or a State Governor. A covered employer must grant an eligible employee up to 12 workweeks of unpaid, job-protected leave during any 12-month period for qualifying exigencies that arise when the employee’s spouse, son, daughter, or parent is on covered active duty or has been notified of an impending call or order to covered active duty. Military leaves of absence will be provided to regular and benefits-eligible staff in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and applicable North Carolina laws that protect individuals with military commitments from detrimental employment decisions based on those commitments. 1.2.3. This type of leave may be considered non-standard as compared to leave for other employees. The staff member will receive no benefits. The length of employment service accrual should continue for the term of the Military Leave but may be severed upon any voluntary extension of military service that is not at the request of the government. Implements military leave program policy as outlined in this instruction and in conjunction with other offices as appropriate. Staff obligated to annual military training duty under the Universal Military Training and Service Act of 1951, as amended, should be granted Military Leave without pay. The minimum charge to leave is one hour. Sick leave, vacation, or Paid Time Off should continue to accrue as if the staff member had not been absent for military training. Inactive Duty Training is authorized training performed by members of a Reserve or National Guard component not on Active Duty. It is recommended that the notice be given to the supervisor at least two weeks before the military-leave-of-absence start date. The Act applies to persons who perform voluntarily or involuntarily duty in the “uniformed services” – including the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services. Staff remain fully eligible to participate in the Group Life Insurance and health care insurance programs so long as their portion of the premium is paid. Military leave will be prorated for permanent part-time employees on the number of hours in the employee's regularly scheduled pay period. It consists of regularly scheduled unit training periods, additional training periods, and equivalent training. However, an employee may choose not to take military leave and instead take annual leave in order to retain both company pay and military pay. For Personal Leave of Absences without pay due to military leave, employees should complete the online Qualifying Life Event Enrollment via Duke@Work and attach … It is performed in connection with the prescribed activities of the Reserve or National Guard.