University Resources, Operations and Policies

Schools/Departments:

  • Office of Human Resources
  • Categories:

  • Employment/Human Resources
  •  

    Military Leave


    Policy Statement

    The University will provide unpaid leave time to employees who are called to active or training service in the Uniformed Services of the United States.


    Reason for Policy

    No agent or employee of the State shall discriminate against any employee or applicant for employment because of their membership, application for membership, performance of service, application for service or obligation for service in the Uniformed Services.


    Who Is Governed by this Policy

    All administrators, staff and faculty as provided by federal law.


    Policy

    An employee who gives advance notice and who leaves the University for any period of active or training service in the Uniformed Services of the United States is entitled to continued employment and, after completing longer periods of service, will be re-employed in accordance with federal and state law.

    The Uniformed Services Employment and Re-Employment Rights Act of 1994 covers all uniformed services, including regular armed forces, the Reserves, the National Guard, the Public Health Service, and the Coast Guard. All categories of service, voluntary or involuntary, are covered, including active duty, active duty for training, drills, full-time National Guard duty, and absence from work for an examination to determine fitness for any of these types of duty. In addition, under the Public Health Security and Bioterrorism Response Act of 2002, certain disaster response work (and authorized training for such work) is considered “service in the uniformed services.”


    Definitions

    This policy does not have definitions associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.


    Procedures

    Employees going on Uniformed Services Leave must give as much advance notice as possible to their supervisor, and present the University with the service orders. Employees should be directed to contact the Office of Human Resources for information on the continuation of certain benefits.

    Employees continue to receive continuous service credit at the University during any period of Uniformed Services Leave.


    Forms

    This policy does not have forms associated with it at this time. Upon periodic policy review this area will be evaluated to determine if additional information is needed to supplement the policy.


    Related Information

    Reinstatement

    The University will reinstate eligible employees under the following conditions, in accordance with federal guidelines:

    • Advanced written or verbal notice must have been given to the University of the impending service.
    • Cumulative service was not in excess of five (5) years
    • Employee must report to the University for re-employment within established time periods related to the duration of the service leave (see chart below).
    • Employee must have been discharged or released from service “under honorable conditions.”
    Period of Service (days) Notice for Re-Employment 
    1-30 Report for work on first full workday after travel home plus 8 hours.
    30-180 Submit application for reinstatement within 14 days of completion of military service.
    181+ Submit application for reinstatement within 90 days of completion of military service.
    Service-connected to injury or illness Reporting or application deadlines are extended for up to two years for persons who are hospitalized or convalescing

    The University will reinstate eligible employees who satisfactorily complete their period of service without reduction in seniority, status, if all the other conditions required by law are met, including a timely application for reinstatement.

    Statement Against Discrimination and Retaliation

    In accordance with USERRA, the University prohibits employment discrimination against a person on the basis of past military service, current military obligations, or an intent to serve. In addition, the University will not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

    Retention after Reinstatement

    Federal law protects employees returning from Uniformed Services Leave against discharge without cause for one year after reinstatement if the period of service was more than 180 days, or for 180 days if the service was 31 to 180 days duration.


    Policy Owner

    Karen Loiacono
    Director of Total Rewards
    Levermore Hall, Room 203
    p – 516.877.3229
    e – loiacono@adelphi.edu

    Secondary Contact

    Joanna Ocampo
    p – 516.877.3221
    e – ocampo1@adelphi.edu


    Document History

    • Last Reviewed Date: September 13, 2018
    • Last Revised Date: September 13, 2018
    • Policy Origination Date: Unknown

    Who Approved This Policy

    Karen Loiacono
    Director of Total Rewards

     

    Schools/Departments:

  • Office of Human Resources
  • Categories:

  • Employment/Human Resources
  •  
     
     
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