Military leave is allowed for training and service performed by an inductee, enlistee, or reservist, or any entrant into a temporary component of the armed forces of the United States.
Military duty means training, inactive duty training, active duty, and service performed by an inductee, enlistee, or reservist, or any entrant into a temporary component of the uniformed services of the United States, and time spent in reporting to and returning from such training in service or, if a rejection occurs, from the place of reporting for service. This policy is intended to be in compliance with all applicable laws, including the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). In the event that this policy conflicts with any provision of USERRA or other applicable law, the applicable law shall control. The “uniformed services” consist of the following: Army, Navy, Marine Corps, Air Force, Coast Guard (the “Armed Forces”); any Armed Forces reserves; any National Guard; any Commissioned Corps of the Public Heath Service; and any other category of the persons designated by the President in time of war or emergency. The department will assist the employee in the military leave process and forward the completed forms, including a Special Leave Request Application, to the Human Resources Department.
Any employee who leaves the City service for compulsory or voluntary military duty shall be placed on military leave without pay for up to a cumulative period of 5 years, unless the service is disqualifying under USERRA. Certain types of duty are exempted for the 5-year limitation in accordance with USERRA. Also, an employee shall be granted a leave of absence for the purpose of being inducted or otherwise entering military service. If not accepted for such duty, the employee shall be reinstated in his/her position without loss of seniority or status or reduction in pay. The law requires all employees to provide their employers with advance notice, written or oral, of military services. However, no notice is required if military necessity prevents the giving of notice, or the giving of notice is otherwise impossible or unreasonable. An employee may request to use his or her accrued, unused, annual leave for their military leave, but the City may not require them to do so. The law provides for health benefit continuation for persons who are absent from work to serve in the military for a period of 18 months, or for the period of service, whichever is shorter.
*Employees are responsible for all missed premiums and will be double deducted upon return or set up on direct bill*
Paid military leave
Any employee engaged in the performance of ordered military service shall be paid his or her salary for any period of absence for such ordered military service not to exceed 18 calendar days in one year.
Charges are made against the employee’s military leave balance in the following manner:
- When ordered military duty for a continuous period overlaps with an employee’s scheduled days off, the employee shall only be charged military leave for days on which they are scheduled to work;
- When ordered military duty begins and/or ends on an employee’s regular days off, the one or two days off at the beginning and/or end of the military duty absence will not be counted against the 18 day military leave balance;
- Weekend drill time is not counted as military leave unless such leave occurs during an employee’s regularly scheduled work days.
- When employees have exhausted their 18 day balance, they may use any eligible accumulated leave or leave without pay to fulfill ordered military obligations.
How To Apply For & Track Military Leave
Track usage with FMLASource by one of the following resources:
- Website: www.fmlasource.com
- Mobile App: downloading ‘FMLASource Now’ (for GooglePlay or Apple iOS)
- Email: FMLACenter@fmlasource.com
- Call: 866.365.0476