IS-2034 Military Leave

Human Resources

Release Date: 11/21/00
Revision 1: 8/18/11

Policy

CNM Board Policy

Employee Handbook 8.16, Military Leave

Administrative Directive

Introduction

Central New Mexico Community College (CNM) complies with all rights and conditions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) which expands both job and benefit protections for workers who serve in the military.  Under USERRA, many employees who have been absent from work due to service in the uniformed services have certain reemployment (or reinstatement) rights.

USERRA prohibits discrimination against certain applicants and employees who serve in the military in the areas of hiring, job retention and advancement and strengthens the right to reemployment without any loss of seniority, status or pay.

The uniformed services include Army, Navy, Marine Corps, Air Force, and Coast Guard, including the Reserves for each of these branches of the military.  Also included is service in the Army National Guard or Air National Guard, commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency.

1. Notification and Eligibility

1.1 All regular full time and regular part time employees are covered by USERRA.

1.2 A military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the USERRA.

Service includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time National Guard duty and absence from work for an examination to determine a persons fitness for any of these types of service.

1.3 Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable.  In accordance with USERRA, notice may be provided verbally or in writing by the individual or by an appropriate officer of the relevant service branch.

Whenever possible, written notification is preferred along with a copy of the official military orders or other evidence that the employee is entering active military duty.

2. National or State Emergency

2.1 CNM grants a military leave of absence to employees who are called into active duty when the President of the United States declares a national emergency and activates military units or when the Governor of the State of New Mexico declares a state emergency.

3. Compensation for Military Leave

3.1 Military Leave With Pay

3.1.1 The College will provide paid leave for members of the national guard and reserves when they are ordered to duty for training, for up to fifteen (15) work days per federal fiscal year.

3.2 Military Leave Without Pay

3.2.1  All other types of military-related leave are unpaid.

4. Benefits While on Military Leave

4.1 Employee benefits continue during any period when the employee is on paid status. Continuation of health insurance benefits is available as required by USERRA based upon the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible.

4.2 For periods of up to 30 days of training or service, an employee may keep insurance benefits current by paying, in advance, the employee cost of the insurance premiums.

4.3 In accordance with CNMs Leave Without Pay policy (Employee Handbook 8.17), an employee with more than three years of service may keep insurance benefits current for up to 105 calendar days by paying, in advance, the employee cost of the insurance premiums.

4.4 Any employee who does not have more than three years of service or who has more than three years of service and who has exceeded the 105 calendar days, may keep insurance benefits current (up to one year inclusive of the 105 days) by paying, in advance, 100 percent of the cost of insurance premiums while on military leave.

4.5 Coverage beyond one year will be granted but will not exceed 18 months.  Premiums are paid in advance at 102 percent of the cost.

4.6 Employees may choose to disenroll from the CNM insurance benefits while on military leave.

4.7 Upon reinstatement, employees who chose to disenroll from CNM insurance benefits while on military leave, will be permitted to reenroll as a new employee without penalty.

4.8 Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during unpaid military leave and will resume upon the employee's return to active employment.

5. Re-employment/Reinstatement

5.1 Employees on military leave for up to 30 days are required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time and 8 hours of rest.

Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws.

5.2 Employees returning from military leave for up to 90 days are placed in the position they would have attained had they remained continuously employed.  Those returning from longer military leave are returned to positions depending on the length of military service in accordance with USERRA. The returning employees are treated as though they were continuously employed for purposes of determining those benefits, which are based on length of service.

 

Length of Military Leave

Reinstatement

Supplemental Pay

15 Days or Less

Return to work on next scheduled work day following completion of leave plus travel time home and an 8 hour period of rest.

Yes

16 Days and Less than 31 Days Return to work on next scheduled work day following completion of leave plus travel time home and an 8-hour period of rest. No

31 Days and Less than 181 Days

File a written request for reinstatement to HR within 14 days of discharge.

No

More than 180 Days

File a written request for reinstatement to HR within 90 days of discharge.

No

6. Replacement Position

6.1 If the military leave is for an extended or indefinite period of time, the department may be able to fill the position on a temporary or, possibly regular, basis, to be determined in conjunction with the Human Resources Department.

 


Human Resources

Release Date: 11/21/00

Procedure

1. Initial Notification of Military Leave

Employee and/or Representative

1.1 Notify immediate supervisor of official military duty in advance of leaving and provide the supervisor with a copy of the official military orders indicating dates/time frames for the leave

1.2 If advance notice is not possible, notify supervisor as soon as practical.

1.3 Indicate in writing by memorandum if any accrued/unused leave is going to be used.

2. Duty Time Under Fifteen (15) Calendar Days

Supervisor

2.1 Send the orders to Human Resources with a memorandum to process the request for military leave.

2.2 Track the military leave on the employees time sheet as authorized leave without pay.

Note:  Leaves do not accrue while on military leave without pay.

Human Resources

2.3 Process a Personnel Data Form (New Hire/Change of Status Form) placing the employee on military leave with the option for supplemental pay and send to payroll.

2.3.1 For those employees indicating they will use accrued annual and/or personal leave, military leave without pay will begin after the exhaustion of these leaves.  This date will be noted on the New Hire/Change of Status Form processed by Human Resources.

Payroll

2.4 Process military leave request.

Note:  Annual and sick leave accruals are discontinued during any leave without pay to include military leave.

3. Duty Time Over Fifteen (15) Calendar Days

Employee

3.1 Submit a copy of the military orders to the supervisor and the official military orders to Human Resources.  Indicate in writing by memorandum if any accrued/unused leave is going to be used.

3.2 Indicate to Human Resources whether or not insurance is going to be continued during the military leave period and, when necessary in accordance with Section 4 of the Military Leave Policy, arrange in advance of leaving for the payment of the premiums.

Human Resources

3.3 Process a New Hire/Change of Status Form placing employee on military leave without pay with the effective date of such leave and submit to payroll.

3.3.1 For those employees indicating they will use accrued annual and/or personal leave, military leave without pay will begin after the exhaustion of these leaves.  This date will be noted on the New Hire/Change of Status Form processed by Human Resources.

3.4 Set up a monthly payment schedule with the employee for the continuation of health benefits should the employee desire to continue with these benefits and in accordance with Section 4 of the Military Leave Policy.

3.5 Send the payment schedule to payroll.

4. Re-employment/Reinstatement After 15 Days or Less

Employee

4.1 Return to work at CNM on the next regularly scheduled workday following the completion of the military leave.

4.2 Submit to Human Resources military records, which indicate the employees rate of pay for the military duty during the leave.

Note:  These records are only necessary if the employee is requesting supplemental pay from CNM in accordance with Section 3.1 of the Military Leave Policy.

Human Resources

4.3 Process a New Hire/Change of Status Form returning the employee to regular pay status.

4.4 Process the New Hire/Change of Status Form to include the supplemental pay when requested.  Attach the military pay records of the employee to the New Hire/Change of Status Form and send to payroll for processing.

Payroll

4.5 Calculate the difference in pay between what the employee would have made with CNM and what was paid by the military.  If the military pay is less than what the employee would have made at CNM, then pay the difference as supplemental pay.  If the military pay is more than what the employee would have earned at CNM, no pay adjustment is necessary.

5. Re-employment/Reinstatement After More than 15 Days and Less than 31 Days

Employee

5.1 Report back to work on the first full regularly scheduled work day on the first full calendar day following the completion of the period of service and safe transportation home, plus an 8-hour period for rest.

Supervisor

5.2 Notify Human Resources of employee's return to work through written memorandum.

Human Resources

5.3 Process New Hire/Change of Status Form to take employee off leave without pay status and send to Payroll.

6. Re-employment/Reinstatement After More than 30 Days and Less than 181 Days

Employee

6.1 File a written request for reinstatement to the Human Resources Department within fourteen (14) days after discharge, separation or release from active service along with the military discharge papers.

6.1.1 If documents are not immediately available, the employee must bring them in as soon as they become available.

Human Resources Representative

6.2 Contact supervisor of date and time employee will be returning to work.  Reinstatement is made to the same position, or to a position of like status, pay and seniority.

6.3 Process New Hire/Change of Status Form to return the employee to active status and send to Payroll.

7. Re-employment/Reinstatement After More than 180 Days

Employee

7.1 File a written request for reinstatement to the Human Resources Department within ninety (90) days after discharge, separation or release from active service along with military discharge papers.

7.1.1 If documents are not immediately available, the employee must bring them in as soon as they become available.

Human Resources Representative

7.2 Contact supervisor of date and time employee will be returning to work.

Supervisor

7.3 If the original position is no longer available, identify an alternate position of like seniority, status, and pay that takes into account any promotions, pay increases, or other job changes they would have been eligible for if they had remained on the job.  This is done in conjunction with the Human Resources Representative.

8. Temporary Replacement Employee

Supervisor

8.1 Notify temporary replacement employee by memorandum that the position will end as of the date the employee returns from military leave.

8.2 Send copy of memorandum to Human Resources.

Human Resources Representative

8.3 Process the termination of the employee in accordance with the termination process.