SPP 706: Military Leave

To provide leaves of absence for military service

38 United States Code § 4301

Arizona Revised Statutes §§ 26–101 to –181; 38–298; 38–610

Arizona Board of Regents Policy Manual - 6-808

Classified, service professional, and administrative employees

An employee who is a member of the Arizona National Guard and Reserve or of another Armed Forces branch will be granted a leave of absence with pay for active duty or training. The leave of absence will be granted for a period not to exceed 30 working days in any two consecutive federal fiscal (October 1–September 30) years. The period of time spent in training under orders shall not be deducted from the vacation with pay to which any employee is otherwise entitled.

Any military leave in excess of 30 working days in any two consecutive federal fiscal (October 1–September 30) years must be taken as leave without pay or by using accrued vacation (see SPP 702–01, “Vacation Leave—General Policy”) or accrued compensatory time (see SPP 404–04, “Overtime—General Policy”). An employee who is on leave without pay will not accrue sick and vacation leave.

An employee must submit all military leave requests to the supervisor before beginning the leave. A Request for Leave of Absence form is available.

An employee who voluntarily or involuntarily enters active service in the Armed Forces of the United States will be placed on extended military leave without pay for the active service duration. Employees on extended military leave without pay will not accrue sick or vacation leave. However, an employee on a leave without pay may continue certain benefits coverage during the absence as shown below:

1. When military medical, vision, and dental coverage is in effect for the military member, the university’s employee group insurance ceases for the military member only. Dependents can remain covered under the university’s plans.
2. Dependent medical, vision, and dental insurance may be continued under the Consolidated Omnibus Budget Reconciliation Act (COBRA), for a period of up to 18 months. It will be the employee’s responsibility to ensure that the full premium, including both the employee’s and the employer’s contribution is paid to the carrier on a monthly basis. Alternatively, the employee can discontinue health benefits coverage during his or her absence and then elect COBRA coverage the day after he or she fails to apply for or return to a position of employment at the university.
3. During the unpaid military leave of absence, the basic life insurance may be continued by paying the monthly premium to HR. However, accidental death and dismemberment (AD&D) coverage will cease until the employee returns to full-time university employment.
4. Voluntary supplemental life insurance will continue, as long as the employee pays the full monthly premium. The accidental death and dismemberment portion of the voluntary supplemental life insurance coverage is discontinued during the employee’s absence.
5. Any employee who drops existing medical, vision, dental, or supplemental life insurance coverage while on military status may reinstate this coverage upon return to full-time university employment. Reinstatement of this coverage must be made within 31 days of return to full-time university employment by completing the appropriate enrollment forms available from HR. Coverage will become effective the first of the following month upon return to university employment. Otherwise, coverage will not be available until the next open enrollment period.
6. Upon reinstatement, the university will continue to pay both the employee and employer contributions to the Arizona State Retirement System (ASRS) or the Public Safety Retirement System (PSRS) for the period of military service, not to exceed forty-eight (48) months. If the absence for military leave exceeds 48 months, then the employee can purchase service credit from ASRS or PSRS for that excess time of up to 12 months and the university will fund the employer contribution.
7. Upon reinstatement, Optional Retirement Plan (ORP) participant employees have the option to catch up (maximum 5 years) for the period they were on military leave. The university will match those additional (catch up) contributions.

Under the Uniformed Services Employment Reemployment Rights Act of 1994 (USERRA), any individual who leaves a civilian job in order to enter active duty in the Armed Forces, voluntarily or involuntarily, is entitled to return to his or her civilian job after discharge or release from active duty if he or she meets the following five basic eligibility criteria of the USERRA law:

1. He or she must hold an “other than temporary” civilian job. However, the job need not be classified as regular or benefits eligible.
2. He or she must leave the civilian job for the purpose of going on active duty.
3. He or she must not remain on active duty longer than five years, unless the period beyond five years (up to an additional year) is “at the request and for the convenience of the Federal Government.”
4. He or she must be discharged or released from active duty “under honorable conditions.”
5. Depending on the length of military service, he or she must apply for reemployment with the preservice employer:
   
   1. within the first full regularly scheduled work period on the first full working day following completion of the period of military service that starts at least eight hours after the person has been safely transported from the place of military service to the individual’s residence, if the duration of military service is less than 31 days.
   2. within 14 days after the completion of the period of the military service, if the duration of the military service is more than 30 days but less than 181 days

      or

   3. within 90 days after the unconditional release from military service, if the duration of the military service is more than 180 days.
6. Depending on the length of military service a staff member will return to work as follows unless the university’s circumstances have so changed as to make it impossible or unreasonable to do so:
   
   1. if the period of service was less than 91 days: the position he or she would have held if continuously employed; or in the former position held without loss of benefits or rate of compensation

      or

   2. if the period of service was for more than 90 days: the position he or she would have held if the continuous employment had not been interrupted by military service, or a position of like seniority, status and pay, the duties of which the person is qualified to perform; or in the former position held or a position of like seniority, status and pay, the duties of which the person is qualified to perform without loss of benefits or rate of compensation.
7. If the staff member has a disability incurred in, or aggravated during, his or her military service, the university will make reasonable efforts to accommodate the disability under the provisions of USERRA and the university’s Americans with Disabilities Act policy.

Consult the document, “Military Leave: Frequently Asked Questions,” maintained by the Office of General Counsel, for answers to common questions about this policy.

For further information, see

1. SPP 404–04, “Overtime—General Policy”
2. SPP 702–01, “Vacation Leave—General Policy”

   and

3. SPP 705–01, “Extended Leave of Absence.”

For information on the Americans with Disabilities Act, see the Academic Affairs Policies and Procedures Manual— ACD 405, “Americans with Disabilities.”

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