Policy No: 2094 Responsible Office: Human Resources Last Review Date: 10/19/2022 Next Required Review: 10/19/2027
To define and provide guidelines for the use of Military Leave.
This policy applies to regular staff employees and faculty of the University General Division and USA Health.
4. Policy Guidelines
The University will comply with the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) and applicable state laws applying to military leave. In accordance with USERRA and Alabama Code § 31-12-5 (2002), regular University employees who perform service in the uniformed services (as defined by USERRA) are entitled to a military leave of absence from their University positions, subject to the limitations and restrictions set forth in federal and state laws and University policy.
Alabama law, Alabama Code Section 31-12-1, et seq. (the Act), extends military protections and rights under the Soldiers’ and Sailors’ Civil Relief Act and the USERRA to active members of the Alabama National Guard and other military reserve forces called to duty in time of war, armed conflict, or emergencies, proclaimed by the Governor or the President of the United States, and called or ordered to state active duty for a period of 30 consecutive days or more or to federally funded duty, other than training. This law does not apply to normal National Guard and reserve weekend drills, annual training, and required schools.
As defined in the Act, employees are eligible for the difference in pay between the lower active military duty pay and the higher public salary for the duration of the active military service, if applicable. This provision applies only to employees called into active service during the war on terrorism, which commenced on September 11, 2001.
Should you be ordered to active duty, you should provide your supervisor with a copy of your orders as soon as possible in advance of the scheduled duty, and a completed Leave of Absence Request form, as applicable:
University General Division Employees (Campus): www.southalabama.edu/departments/eforms/hr/leaveofabsence.pdf
USA Health Employees: www.southalabama.edu/departments/eforms/hr/ptoleaveofabsencerequestform.pdf
5.2 Military Leave Pay
Regular employees who are ordered to active duty will receive full pay for a maximum of 168 hours per calendar year, which include weekend drills as well as annual training and any other type of military duty. A copy of your orders or other satisfactory documentation of attendance must be provided to your supervisor or department head as soon as received unless precluded by military necessity.
A military leave day is normally eight hours or less based on your FTE. If your regularly scheduled work day is greater than eight hours, you will receive military leave pay for the scheduled hours, up to an annual maximum of 168 hours per calendar year. If your regularly scheduled work day is at least four hours but less than eight hours, you will receive military leave pay based on your FTE. Employees will be paid only for the time for which they would ordinarily be scheduled to work. In no case will employees be paid for a period in excess of the time for which they are ordered to military duty. If you are in an active full-time employment status, you will be paid for up to 168 hours per calendar year for appropriate reasons, inclusive of 14 days for training.
Except as noted in the Policy Guidelines concerning additional military service covered by Alabama Code Section 31-12-1, et seq., after the first 168 hours of military leave per calendar year, any additional military leave will be without pay or may be charged to vacation or PTO (as applicable) at the discretion of the employee, subject to departmental approval.
If you are a regular employee of the University of South Alabama and you are drafted into the military service of the United States, or you volunteer to join the United States Army, Navy, Marine Corps, Air Force, or Coast Guard, you will be granted a military leave, as required by law, without pay. You must return to work within 90 days of completion of military service.
5.3 Employee Benefits While on Military Leave
Health insurance benefits may be continued at the election of the employee called to active military service. Contact Human Resources concerning continuation of health insurance benefits. Any employee serving in the active military service during the war on terrorism, which commenced on September 11, 2001, shall continue to be considered an active participant in the Teachers’ Retirement Systems of Alabama (as applicable) throughout such service.
Human Resources Department owns and administrates the provisions of this policy. Failure to abide by terms of this policy may jeopardize a staff employee’s ability to quality for the benefit.
7. Related Documents
7.1 University General Division Leave of Absence Request Form
7.2 USA Health Leave of Absence Request Form
7.3 Family Medical Leave (policy)
7.4 Sick Leave (policy)
7.5 Disaster Medical Assistance Team (DMAT) Leave (policy)
7.6 Staff Employee Handbook