*Links will take you outside of the Department of Veterans Affairs web site. The Uniformed Services Employment and Reemployment Rights Act (USERRA) was signed on October 13, 1994. It doesn’t stop, but the most you can carry over from one fiscal year to the next fiscal year is 60 days, except in certain, very limited situations where you can carry over more. An employee can carry over a maximum of 15 days into the next fiscal year.5 U.S.C. This type of leave may be considered non-standard as compared to leave for other employees. Staff on Temporary Training Duty (either on paid or unpaid leave) are fully eligible for all benefits. 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. An employee may be charged military leave only for the hours that the employee would otherwise have worked and received pay. 5 U.S.C. Here is an example of a military leave policy used by a federal agency that may be helpful in creating your own. Military leave will be prorated for permanent part-time employees on the number of hours in the employee's regularly scheduled pay period. 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 … Inactive Duty Training is authorized training performed by members of a Reserve or National Guard component not on Active Duty. The staff member will receive no benefits. 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. It is performed in connection with the prescribed activities of the Reserve or National Guard. 6323 (a) provides 15 days per fiscal year for active duty, active duty training, and inactive duty training. 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. 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. 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. Special protection against discharge, except for cause, may occur. 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. 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. 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. When the employee requests military leave, they must make an appropriate request and provide copies of their military orders. Employees who are also military personnel in the Reserve or National Guard will at times need to take leave for military training, mobilization, or deployment. Planning for Military Leave for Employees in the Reserve and National Guard. Any full-time or permanent part-time employee is entitled to military leave. As part of the military pay and benefits package, military service members earn 30 days of paid leave per year. If the staff member elects to take an unpaid leave, the supervisor must notify payroll so that vacation, sick leave, or Paid Time Off accruals may be manually credited. Alternatively, the staff member may request payment in the pay period during which the holiday occurs. 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. Permanent Active Duty. 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. 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. 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. Ensures subordinate units receive updates/changes to the military leave program. A full-time employee working a 40-hour work week will accrue 120 hours (15 days x 8 hours) of military leave in a fiscal year, or the equivalent of three 40-hour workweeks. VA does not endorse and is not responsible for the content of the linked websites. 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. Reserve and National Guard Technicians are entitled to 44 workdays of military leave for duties overseas under certain conditions. This can be for law enforcement or the protection of life and property. You start at zero and for every month of military service, 2.5 days of leave get added to your leave account. An employee's pay remains the same for periods of military leave. 1.2.3. Training or retraining and other accommodations may be required of staff members who take military leaves of absence. Eligible employees may use 15 calendar days per year for Active Duty, Active Duty Training, and Inactive Duty Training. 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. Covered active duty means: This means that the staff member should be credited with eligibility and benefit accruals for the period of his or her absence. Upon completion of Temporary Training Duty, the staff member will return to the position held prior to military leave. A staff member may elect to have the temporary training leave charged to accrued vacation or Paid Time Off (STB). Staff who are on an official military leave (as of the start of the new evaluation period) and who return to work during the fiscal year (in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994) will receive any across-the-board compensation adjustmentsthat they would have received if they had not been on military leave. It is recommended that the notice be given to the supervisor at least two weeks before the military-leave-of-absence start date. Such time may be charged to sick leave or Paid Time Off (STB). 1.2.3.1. Permanent Active Duty. 1.2.3.2. 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. Military Leave. Duke may not insist on knowing exactly when the staff member will return to work; however, the staff member can be asked to furnish the approximate beginning and concluding dates of his or her training. Military leaves of absence may be paid or unpaid leaves in accordance with the provisions of this policy. 6323 (b) provides 22 workdays per calendar year for emergency duty as ordered by the President, the Secretary of Defense, or a State Governor. In general, employers must provide the following to covered employees who are not in temporary positions: 1. 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. A staff member who receives notification to report for a pre-induction military physical may be granted up to two days off. 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. 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. The minimum charge to leave is one hour. Implements military leave program policy as outlined in this instruction and in conjunction with other offices as appropriate. It consists of regularly scheduled unit training periods, additional training periods, and equivalent training. 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.