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IS-2034 Military Leave (Policy)

Human Resources

Release Date: 11/21/00
Revision 1: 8/18/11

Policy

CNM Board Policy

Employee Handbook 8.16, Military Leave

Administrative Directive

Introduction

Central New Mexico Community College (CNM) complies with all rights and conditions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) which expands both job and benefit protections for workers who serve in the military.  Under USERRA, many employees who have been absent from work due to service in the uniformed services have certain reemployment (or reinstatement) rights.

USERRA prohibits discrimination against certain applicants and employees who serve in the military in the areas of hiring, job retention and advancement and strengthens the right to reemployment without any loss of seniority, status or pay.

The uniformed services include Army, Navy, Marine Corps, Air Force, and Coast Guard, including the Reserves for each of these branches of the military.  Also included is service in the Army National Guard or Air National Guard, commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or emergency.

1. Notification and Eligibility

1.1 All regular full time and regular part time employees are covered by USERRA.

1.2 A military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the USERRA.

Service includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time National Guard duty and absence from work for an examination to determine a persons fitness for any of these types of service.

1.3 Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable.  In accordance with USERRA, notice may be provided verbally or in writing by the individual or by an appropriate officer of the relevant service branch.

Whenever possible, written notification is preferred along with a copy of the official military orders or other evidence that the employee is entering active military duty.

2. National or State Emergency

2.1 CNM grants a military leave of absence to employees who are called into active duty when the President of the United States declares a national emergency and activates military units or when the Governor of the State of New Mexico declares a state emergency.

3. Compensation for Military Leave

3.1 Military Leave With Pay

3.1.1 The College will provide paid leave for members of the national guard and reserves when they are ordered to duty for training, for up to fifteen (15) work days per federal fiscal year.

3.2 Military Leave Without Pay

3.2.1  All other types of military-related leave are unpaid.

4. Benefits While on Military Leave

4.1 Employee benefits continue during any period when the employee is on paid status. Continuation of health insurance benefits is available as required by USERRA based upon the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible.

4.2 For periods of up to 30 days of training or service, an employee may keep insurance benefits current by paying, in advance, the employee cost of the insurance premiums.

4.3 In accordance with CNMs Leave Without Pay policy (Employee Handbook 8.17), an employee with more than three years of service may keep insurance benefits current for up to 105 calendar days by paying, in advance, the employee cost of the insurance premiums.

4.4 Any employee who does not have more than three years of service or who has more than three years of service and who has exceeded the 105 calendar days, may keep insurance benefits current (up to one year inclusive of the 105 days) by paying, in advance, 100 percent of the cost of insurance premiums while on military leave.

4.5 Coverage beyond one year will be granted but will not exceed 18 months.  Premiums are paid in advance at 102 percent of the cost.

4.6 Employees may choose to disenroll from the CNM insurance benefits while on military leave.

4.7 Upon reinstatement, employees who chose to disenroll from CNM insurance benefits while on military leave, will be permitted to reenroll as a new employee without penalty.

4.8 Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during unpaid military leave and will resume upon the employee's return to active employment.

5. Re-employment/Reinstatement

5.1 Employees on military leave for up to 30 days are required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time and 8 hours of rest.

Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws.

5.2 Employees returning from military leave for up to 90 days are placed in the position they would have attained had they remained continuously employed.  Those returning from longer military leave are returned to positions depending on the length of military service in accordance with USERRA. The returning employees are treated as though they were continuously employed for purposes of determining those benefits, which are based on length of service.

 

Length of Military Leave

Reinstatement

Supplemental Pay

15 Days or Less

Return to work on next scheduled work day following completion of leave plus travel time home and an 8 hour period of rest.

Yes

16 Days and Less than 31 Days Return to work on next scheduled work day following completion of leave plus travel time home and an 8-hour period of rest. No

31 Days and Less than 181 Days

File a written request for reinstatement to HR within 14 days of discharge.

No

More than 180 Days

File a written request for reinstatement to HR within 90 days of discharge.

No

6. Replacement Position

6.1 If the military leave is for an extended or indefinite period of time, the department may be able to fill the position on a temporary or, possibly regular, basis, to be determined in conjunction with the Human Resources Department.