HR-405 Military Leave | University of Missouri System

Summary

Any University of Missouri employee who is or becomes a member of the United States uniformed services will be granted job-protected leave for military service, during which time the employee is engaged under official orders in the performance of duty or training subject to limitations as defined in this policy and pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA), State and federal laws.

If any part of this policy does not reflect the Collected Rules and Regulations (CRR), the provisions of the CRR will govern.

HR Policy Provisions

HR-408 policy provisions below are in accordance with CRR 340.020 Leave of Absence and CRR 340.100 Leave Without Pay:

Eligibility
1. All University of Missouri employees, including benefit-eligible academic, benefit-eligible administrative, service and support, variable hour, probationary, and student employees may be eligible for military leave.
2. To be eligible for job protection under USERRA, an employee must:
  1. Be absent from their university employment on account of service in the uniformed services;
  2. Give advance notice to the employer that they are leaving the job for service in the uniformed services unless such notice is precluded by military necessity or otherwise impossible or unreasonable;
  3. Not exceed a cumulative period of five years of military service;
  4. Not be released from service under dishonorable or other punitive conditions; and
  5. Report back to their university job in a timely manner or submit a timely application for reemployment unless impossible or unreasonable.
Definitions
1. Uniformed Services - Army, Navy, Marine Corps, Air Force, Coast Guard, reserve components of each of these services, service in the Army National Guard and Air National Guard, and any other category of persons designated by the President of the United States in the time of war or emergency. In addition, the commissioned corps of the Public Health Service and certain disaster response work (and authorized training for such work) are considered "service in the uniformed services”.
2. Federal Fiscal Year - The federal fiscal year runs from October 1 to September 30.
3. Orders and Notices to Report - Required advance notice of military service, with some exceptions. Notice may be either written or oral and it may be provided by the employee or by an appropriate officer of the military branch in which the employee will be serving. However, no notice is required if military necessity prevents the giving of notice, or the giving of notice is otherwise impossible or unreasonable.
Approvals - The supervisor and unit leader are required to grant a military leave of absence pending Human Resources review.
Time Off and Compensation
1. Pre-induction Physical Examination - Employees shall be excused with pay for the time required to complete the physical examination, not to exceed one (1) regularly scheduled workday.
2. Federal Fiscal Year 15 days
  1. Employees shall be excused with pay for up to fifteen (15) regularly scheduled workdays per federal fiscal year (Oct 1 – Sept 30) because of military service for an initial period of training, full-time military service, and service as a reservist.
  2. Absences in excess of fifteen (15) working days per year shall be without pay except that, at the option of the employee, such absences may be charged to available paid time off (e.g., annual leave, PTO, etc.).
3. Military Leave of Absence (LOA)
  1. Employees shall be granted a military leave of absence for up to a period of five (5) years during which time up to fifteen (15) working days per federal fiscal year are paid in accordance with Active Duty and Reserves Pay, with the remaining leave unpaid.
  2. Employees may use available paid time off (e.g., annual leave, PTO, etc.) to receive compensation during the leave of absence period.
Benefits
1. After the employee has exhausted available fifteen (15) paid working days in the federal fiscal year, employees have the option of using other available paid leave or receiving leave without pay for military leave. Once all available paid leave is exhausted, time off is without pay.
2. Paid LOAs are paid at the employee’s rate of pay based on when the leave occurs.
3. The allotted fifteen (15) days of paid military leave shall not be deducted from or affect in any way an employee's Paid Time Off (PTO). Paid military leave provided by the University is pro-rated based on an employee’s FTE.
4. Additional leave of absence (LOA) information
  1. Employees continue to accrue paid time off (PTO) during paid LOAs.
    
    1. The period of paid and unpaid leaves of absence are counted as length of service in computing PTO accrual rates.
    
    2. PTO accruals become available to the employee after returning to work in an active status.
  2. Employees eligible for other available leave during approved LOAs (e.g., holiday pay, winter break pay) are eligible to receive such pay during a paid LOA. However, in no case should the combination of paid leaves exceed the employee’s base pay.
  3. During a paid and unpaid LOA, employees are eligible to continue participation in the university's employee benefit programs (medical, dental, life, vision, etc.). Employees are responsible for their portion of the premium costs for coverage to continue.
    
    1. As many of the insurance programs offered by the University have the standard military exclusion clause, any employee granted a military leave of absence should contact the UM System Human Resources for specific information regarding the effect of the leave of absence on those plans in which the employee is enrolled
  4. During a paid LOA, employee contributions to retirement programs and other required deductions (e.g., garnishments) will continue. Voluntary deductions will continue unless approved or directed to stop by the authorizing organization (e.g., parking, union dues).
  5. The period of the leave of absence is credited towards vesting, service, or salary credit for members of the Defined Benefit Plan or Hybrid Plan in accordance with CRR 530.010, provided the employee returns to work following the leave. For participants in the Defined Contribution Plan, the leave period is not considered a break in service in calculating vesting service.
Return to Work
1. Employees returning from military leave will:
  1. Be returned to the same or a similar position held before the leave or an equivalent position to the extent that such a position is reasonably available.
  2. Be returned to the same rate of pay, level of benefits, and seniority they would have received had they continued working during the period of leave.
  3. Employees who have not completed their probationary period as of the date of military leave shall be returned to their former position or, at the discretion of the University, to another position for which they qualify as a probationary employee. Additionally, the probationary period will continue up to six months, including time worked prior to military leave, and may be extended as outlined in HR-109.
2. An employee granted a military leave of absence without pay, including for annual training and emergency mobilizations, shall be restored to their former position or, at the discretion of the University, to another position for which the employee is qualified if the discharge or leave is under honorable conditions; and the employee requests reemployment and returns to work as follows:
  1. Less than 31 days of military service - The employee must return the first regularly scheduled workday that falls on the next calendar day after the employee returns home and has had at least an 8-hour period to rest.
  2. More than 30 days and less than 181 days of military service - An application for reemployment must be submitted no later than 14 days after completion of service or as soon as possible on the next day when submitting the application becomes possible. Contact Human Resources if the request for reemployment is made after the 14-day period.
  3. More than 180 days and less than five years of military service - An application for reemployment must be submitted no later than 90 days after completion of service; and the employee is qualified to perform the duties of the position.
    
    1. In the event an employee becomes physically or mentally unqualified to perform the duties of the former position, the employee shall be offered employment in a position for which they are qualified.
    
    2. The reporting deadline is extended for up to two (2) years for persons hospitalized or convalescing because of a service-connected illness or injury.
  4. Reporting or application deadlines are extended for up to two years for persons hospitalized or convalescing (recovering from an illness).
3. Required Documentation
  1. An employer has the right to request that a person absent for a period of service of 31 days or more provides documentation showing that the application for reemployment is timely, the 5-year limit has not been exceeded, and separation from service was not under adverse circumstances.
  2. If satisfactory documentation is not presented because it is not readily available or does not exist, employment must still be promptly restored; however, if, after reemploying the person, documentation becomes available that shows one or more of the reemployment requirements were not met, the University may terminate the employee and any rights or benefits that may have been granted.
Procedures
1. Employee’s Responsibility
  1. Provide notice for time off work in advance of the absence or as soon as possible thereafter, following the department’s regular notification procedures.
  2. Submit a copy of an official order from the appropriate military authority for any period of service of 31 calendar days or more. A copy of the orders or certification of performance of duty may be required upon completion of any military leave of absence, with or without pay, for a period of 30 days or less. Whenever possible, such documents shall be submitted prior to the payment of any University compensation.
  3. Should any term of active service be involuntarily extended, the employee must submit an official order from the appropriate military authority to the department. The department is responsible for initiating the necessary procedures for extending the leave of absence.
2. Department’s requirements
  1. A personnel action form (ePAF) and a Request for Leave of Absence form must be processed for each period of military leave, for periods of 30 calendar days or more, regardless of pay status.
  2. For military service absences of less than 30 calendar days, leave should be entered in the University’s timekeeping system using the appropriate time reporting codes.
  3. The department must notify Payroll and/or Human Resources of any exempt employee who has been granted a military leave of absence without pay for a period of less than 30 calendar days.
  4. Upon return to work, an ePAF is required to return the employee to active payroll status.
  5. Should an employee fail to return to work or apply for reinstatement within the time period following discharge or release from active duty, Human Resources must be consulted before initiating procedures to terminate the employee.

Summary Table for Military Leave

Military Reason	Time Off and Compensation Available	Notes
Pre-induction physical examination	Up to 1 workday with pay	Use the appropriate military timesheet reporting code
Active duty and reserves	Up to 15 workdays with pay, in any federal fiscal year (Oct. 1 - Sept. 30) while in active paid status	Use the appropriate military timesheet reporting code
Active duty service	Up to 5 years without pay	ePAF leave of absence required

Date Created: 09/26/1997
Updated: 09/15/2013; 10/29/2020; Posted 12/23/2023 with an effective date 01/01/2024

Reviewed 2023-12-21