HR-405 Military Leave

Summary

University of Missouri employees who are members of the U.S. uniformed services are entitled to job-protected leave for military service in compliance with Missouri State Statute 105.270, USERRA, and other applicable state, and federal laws.

This policy applies to all University of Missouri employees, including benefit-eligible academic, benefit-eligible administrative, service and support, variable hour, probationary, and student employees.

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:

Purpose – Provide time off work for approved military purposes as follows:
1. Military Paid Leave (RsMO 105.270)
  1. Covers military obligations such as annual training, drills, deployment, and other military activities pursuant to RsMO 105.270.
  2. Paid leave for up to 15 days per federal fiscal year.
  3. Applicable to National Guard or Reserve members only.
2. Extended Military Leave (USERRA)
  1. Protection for up to five (5) years from discrimination in military service for individuals in active duty or deployment, as well as members of the commissioned corps of the Public Health Service (e.g., Missouri Task Force One), members of the National Disaster Medical System, and anyone else who might be designated by the United States President in a time of war or emergency. Some exceptions may apply.
  2. Primarily unpaid, but employees may use available PTO.
  3. Applicable to all uniformed service members.
Eligibility
1. Employees are eligible for short-term Military Paid Leave if they:
  1. Are members of the Missouri National Guard or any reserve component of the Armed Forces of the United States;
  2. Provide advance notice of Military Service, unless precluded by necessity; and
  3. Submit official orders or verification of military service.
2. Employees are eligible for Extended Military Leave if they:
  1. Serve in the U.S. Uniformed Services (including active duty or training);
  2. Provide advance notice of Military Service, unless precluded by necessity;
  3. Do not exceed a cumulative period of five years of service in the Uniformed Services (some exceptions apply);
  4. Are discharged under honorable 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. Military Service – Performance of duty on a voluntary or involuntary basis in a Uniformed Service under competent orders. Military Service includes, but is not limited to, active duty and active or inactive duty for training.
2. Uniformed Services – Means the Armed Forces, including the United States Army, Navy, Marine Corps, Air Force, Coast Guard, and Space Force, including
  1. the reserve components of each of these services;
  2. the Army National Guard and Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty;
  3. the commissioned corps of the Public Health Service;
  4. service as an intermittent disaster response appointee of the National Disaster Medical System when federally activated or attending authorized training in support of their federal mission is deemed Military Service in a Uniformed Service for purposes of a Military Leave of Absence’; and
  5. any other category of persons designated by the President of the United States in the time of war or emergency.
3. Federal Fiscal Year - The federal fiscal year runs from October 1 to September 30.
4. 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.
Military Paid Leave
1. Eligible 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, including the time required to complete the pre-induction physical examination, not to exceed one (1) regularly scheduled workday. Absences in excess of fifteen (15) working days per federal fiscal 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.).
2. Military Paid Leave (up to 15 days) shall not be deducted from or affect in any way an employee's available paid time off.
3. Paid leaves are compensated at the employee’s rate of pay based on when the leave occurs.
Extended Military Leave
1. Eligible employees shall be granted a Military leave of absence for up to a period of five (5) years for Military Service. Employees have the option of using available paid time off or receiving leave without pay during the Military Leave of Absence. Once all available paid time off is exhausted, Military Leave of Absence is without pay.
2. Employees returning from an Extended 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 the Extended 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 the Extended Military Leave, and may be extended as outlined in HR-109.
3. An employee granted an Extended Military Leave, 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.
  4. Reporting or application deadlines may be extended for up to two years for persons hospitalized or convalescing (recovering from an illness).
Benefits
1. Employees continue to accrue paid time off (PTO) during paid leaves of absence (LOA).
  1. The period of paid and unpaid leaves of absence are counted as length of service in computing PTO accrual rates.
  2. PTO accruals, up to the maximum allowed per HR-421, 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 an Extended Military Leave should contact 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 by the employee 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 Retirement Plan 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.

Procedures

Required Documentation
1. An employer has the right to request that a person absent for a period of Military 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 pending further review; 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.
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. Provide military verification or documentation of the need for time off. Whenever possible, such documents shall be submitted prior to the payment of any University compensation. Documents may include the following.
  
  1. A letter or email from a proper military authority or military chain of command; or
  2. Official orders issued by the military that specify service dates; or
  3. School completion certification for those attending military training; or
  4. Discharge papers providing details of the military service, including dates and types of service; or
  5. Other documentation such as earnings statements which include the employees’ name, dates of service, and any other relevant details. For absences of less than 31 calendar days, drill schedules or other documentation are also acceptable.
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.
Department’s Requirements
1. Military documentation should be placed in the employee’s personnel file pursuant to HR-125.
2. 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.
3. 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.
4. The department must notify Payroll and/or Human Resources before payroll processing, or as soon as possible, of any exempt employee who has been granted a military leave of absence without pay for a period of less than 30 calendar days.
5. Upon return to work, an ePAF is required to return the employee to active payroll status if the employee was placed on a Leave of Absence.
6. 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

Type of Leave	Regulation	Eligibility	Duration	Compensation
Military Paid Leave	RsMO 105.270	National Guard or Reserve members	Up to 15 days per fiscal year.	Paid for up to 15 days; unpaid thereafter or use PTO.
Extended Military Leave	USERRA	Uniformed Service members, Missouri Task Force one, and others more.	Up to 5 years.	Unpaid (can use PTO).

Summary

HR Policy Provisions

See Also