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An employee who is a member of the National Guard or Reserve component of the United States Armed Forces will be granted leave with pay for a period or periods not to exceed 30 days per calendar year, provided the employee is called for field training, active duty, or in connection with an emergency condition (flood, riot, etc.). A copy of the employee's military orders must be filed with the Human Resource Services prior to the leave period.
The employee will be returned to the employee's former position or one with an equivalent classification and consistent with the individual's qualifications upon application, within 90 days from discharge. A military absence beyond four (4) years is considered voluntary and displays intent to relinquish employment rights with the University.
Family and Medical Leave Act Providing Military Family Leave
There are certain circumstances regarding military leave that may now be covered under the Family and Medical Leave Act (FMLA). For further information regarding FMLA leave please visit U.S. Department of Labor.
Military Caregiver Leave (also known as Covered Servicemember Leave)
Employees who are family members of covered servicemembers are able to take up to 26 weeks of leave in a “single 12-month period” to care for a covered servicemember with a serious illness or injury incurred in the line of duty on active duty. Based on a recommendation of the President’s Commission on Wounded Warriors (the Dole-Shalala Commission), this 26 workweek entitlement is a special provision that extends FMLA job-protected leave beyond the normal 12 weeks of FMLA leave. This provision also extends FMLA protection to additional family members (i.e., next of kin) beyond those who may take FMLA leave for the other qualifying reasons.
Qualifying Exigency Leave
This provision makes the normal 12 workweeks of FMLA job-protected leave available to eligible employees with a covered military member serving in the National Guard of Reserves to use for “any qualifying exigency” arising out of the fact that a covered military member is on active duty status in support of a contingency operation. The Department’s final rule defines qualifying exigency by referring to a number of broad categories for which employees can use FMLA leave:
- Short-notice deployment.
- Military events and related activities.
- Childcare and school activities.
- Financial and legal arrangements.
- Counseling.
- Rest and recuperation.
- Post-deployment activities.
- Additional activities not encompassed in the other categories, but agreed to by the employer and employee.
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