General Questions

• How much military leave with pay do employees have in a calendar year? How much military leave can an employee take?

• What if the employee has already used all or part of the military leave for the current calendar year?

• What should an employee do if they are put on notice that their unit may be called to active duty?

• What should an employee do if they are called to active duty?

• Can departments require written proof of the need to take military leave?

• Is the employee guaranteed their job upon release from active duty?

• What should a department do if one of their employees is called to active duty?

• Can the department hire someone to replace the employee while they are on active military duty?

• What does the department do when the employee returns to work?

Benefits Questions

• How can an employee called to active duty give another person permission to correspond with Human Resources Management about their benefits?

• Can the employee keep life and health insurance coverage while on active duty?

• What happens to life and health coverage upon return to work?

• What happens if the application for re-enrollment is not made within 31 days of returning to work?

• How does being called to active military duty affect participation in MSU's Flexible Benefits Plans, such as Mediflex and Careflex?

• How does being called to active duty affect service credit in the Public Employees' Retirement System (PERS)?

How much military leave with pay do employees have?

How much military leave can an employee take?

• All employees who are members of the National Guard or any reserve component of the Armed Forces of the United States who are ordered to duty for training or exercises are entitled to military leave.

• The first 15 (120 hours) days of military leave in any calendar year is with pay.

Reference: HRM 60-206, Military Leave

USERRA places a five-year limit on the combined length of an employee's service-connected absences from an employer A returning service member is not entitled to reemployment with the pre-service employer if the total of the person's military absences from the employer exceed five years. There are some exemptions from the five-year period as detailed in A Non-Technical Resource Guide to the Uniformed Services Employment and Reemployment Rights Act (USERRA).

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What if the employee has already used all or part of the military leave for the current calendar year?

• Employees who exhaust military leave with pay, then can choose:

   

  • Personal Leave With Pay, up to available balance

  • Major Medical Leave, up to the available balance

  • Combination of Personal Leave With Pay and/or Major Medical Leave, and Leave of Absence Without Pay.

    • This can be structured so that the employee remains in 50 percent or greater paid status, which keeps them benefits-eligible. Also, by remaining in 50 percent or greater paid status, optional insurance coverage premiums can be deducted from the employee's paycheck, rather than collected on a cash basis.

  • Leave of Absence Without Pay

     

    • To process Leave Without Pay

    For a non-exempt employee, the employee completes an  Application for Leave of Absence Without Pay. Once approved by the department, the form is sent to Human Resources Management, along with an Employment Action Form  (EAF). Under Status Changes (Section III), Check Long term leave of absence (without pay).

    For an exempt employee, the employee completes an Application for Leave of Absence Without Pay. Once approved by the department, the form is sent and sends to Human Resources Management, along with an Employment Action Form. Under Status Changes (Section III), Check Long term leave of absence (without pay).

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What should an employee do if they are put on notice that their unit may be called to active duty?

• Consider completing an Authorization for Release of Employee Benefits Information so that a designated person can correspond with Human Resources Management (HRM) about employee benefits if the employee is called to active duty. This form requires a notary witness if completed outside of HRM, none if completed in HRM.

• Check leave balances and begin the process of planning leave usage. Employees can check their leave balances through Banner Web (requires NetID and NetPassword), by contacting HRM (662 325-3713), or in their departments, for departments keying leave online in Banner.

• No other actions necessary at this point.

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What should an employee do if they are called to active duty?

• Employees should make every effort to provide reasonable notice. If an employee is notified at the last minute of military duty, short notice to the employer would be considered reasonable. No notice is required if doing so is impossible or unreasonable because of military necessity or other legitimate reason.

• Contact Human Resources Management about leave and benefits options.
• Consider completing an Authorization for Release of Employee Benefits Information so that a family member can correspond with Human Resources Management about employee benefits. This form requires a notary witness if completed outside of HRM, none if completed in HRM.
• Check leave balances. Employees can check their leave balances through Banner Web (requires NetID and NetPassword), by contacting HRM (662 325-3713), or in their departments, for departments keying leave online in Banner.

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No. Employees have the option of providing oral advance notice of military service. However, if an employer is concerned about the legitimacy of an employee's leave request, the employer may contact the military branch concerned. An employer can request supporting documents from the employee upon the employee's return from military leave.

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Is the employee guaranteed their job upon release from active duty?

USERRA requires employers to allow up to five (5) years of leave to a soldier who is on military duty, performs that duty satisfactorily, and requests their job back within the time limits provided by the statute. The soldier must be re-employed without regard to whether the military duty was voluntary or involuntary.

Employees are eligible for reemployment rights under USERRA following military service if they meet certain conditions, or "eligibility criteria." The individual:

• Must hold a civilian job.

• Must have given written or verbal notice to the employer prior to leaving the job for military training or service except when precluded by military necessity.

• Must have not exceeded the five-year cumulative limit on periods of service.

• Must have been released from service under conditions other than dishonorable.

• Must report back to the civilian job in a timely manner or submit a timely application for reemployment.

A person whose military service lasted 1 to 90 days must be promptly reemployed in the following order of priority:

1. In the job the person would have held had the person remained continuously employed so long as the person is qualified for the job, or can become qualified after reasonable efforts by the employer to qualify the person; or,
2. If the employee cannot become qualified for the position in (1), in the employee's pre-service position so long as the person is qualified for the job or could become qualified after reasonable efforts by the employer; or
3. If the employee cannot become qualified for the position in either (1) or (2), in any other position, which is the nearest approximation of (1) for which the person is qualified, with full seniority.

A person whose military service lasted 91 days or more, must be promptly reemployed in the following order of priority:

1. In the job the person would have held had the person remained continuously employed, or a position of equivalent seniority, status, and pay so long as the person is qualified for the job, or can become qualified after reasonable efforts by the employer to qualify the person; or,
2. If the employee cannot become qualified for the position in (1), in the employee's pre-service position so long as the person is qualified for the job or could become qualified after reasonable efforts by the employer; or
3. If the employee cannot become qualified for the position in either (1) or (2), in any other position, which is the nearest approximation of (1) for which the person is qualified, with full seniority.

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What should a department do if one of their employees is called to active duty?

• Encourage the employee to contact Human Resources Management to discuss Leave and Benefits options.

• Have the employee complete an Application for Leave, using the Leave Code MILT for up to 120 hours, PERS for the hours to be taken from Personal Leave.

• Process an Application for Leave of Absence Without Pay, if needed. Send the signed Application for Leave of Absence Without Pay to Human Resources Management with an Employment Action Form. Under Status Change, item "g" check Long term leave of absence (without pay).

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Can the department hire someone to replace the employee while they are on active military duty?

Yes, provided there is available funding and administrative support. The employee who is hired should be either temporary or time-limited and may be terminated from the position when the service member returns.

The University is obligated to reemploy the service member as required by USERRA. See additional information above, Is the employee guaranteed their job upon release from active duty?

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What does the department do when the employee returns to work?

• Complete an Employment Action Form. Under Transaction Information, check Return from Leave, item "d" to reinstate employee. Send the completed, signed form to Human Resources Management.

• Encourage the employee to contact Human Resources Management regarding benefits.

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How can an employee called to active duty give another person permission to correspond with Human Resources Management about their benefits?

Complete an Authorization for Release of Employee Benefits Information so that a designated person can correspond with Human Resources Management (HRM) about employee benefits on behalf of the employee who is called to active duty. This form requires a notary witness if completed outside of HRM, none if completed in HRM.

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Can the employee keep life and health insurance coverage while on active duty?

• An employee must be in 50 percent or greater paid status in order to remain benefits eligible. The premium amounts for which the employee is responsible will be deducted from their paycheck.

• If the employee is paid status of 49 percent or less, or unpaid status, they may chose to maintain their life and health plans coverage and will be responsible for the full premium.

• The employee will find that most of their current insurance plans may be continued on a cash collection basis by paying the full premium. Employees should contact Human Resources Management for information on their specific plans.

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What happens to life and health coverage upon return to work?

Upon return to work, the employee may re-enroll in the life and health plans by completing an application form within 31 days of returning to work. The new effective date will be the employee's date of return to work.

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What happens if the application for re-enrollment is not made within 31 days of returning to work?

If the application for re-enrollment is not made within 31 days of returning to work, the employee must wait until the MSU Open Enrollment Period in October. If the employee experiences a qualifying event for a Special Enrollment Period, coverage may be added or changed at that time, as long as application is made within 31 days of the qualifying event.

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How does being called to active military duty affect participation in MSU's Flexible Benefits Plans such as Mediflex and Careflex?

The fact that the employee is called to active duty is a qualifying event, so the employee will be allowed to make changes.

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How does being called to active duty affect service credit in the Public employees' Retirement System (PERS)?

The Public Employees' Retirement System allows military service credit at no cost to members who served on active duty in the Armed Forces. Generally, credit at no cost for such active duty is granted only after the member meets the 4-year vested period of contributing service. The amended PERS law recognizes the federal requirements regarding the reemployment of employees whose employment is interrupted by qualified military service.

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