E34.0 Military Leave

Applies to all regular employees

I. Policy

  1. In accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), all employees of the university who enter the uniformed services are granted Military Leave which extends from the date of reporting for service in the uniformed services until:
    1. 31 days following the completion of the employee's service period if the service was 180 days or less; or
    2. 90 days following the completion of the employee's service period if the service was 180 days or more.
  2. Employees granted Military Leave are restored to their former position or a position of similar status they would have held if there had been continuous employment, unless the university's employment situation has so changed to make it impossible or unreasonable to do so. For employees who have been inducted or volunteered for active duty, time spent on full-time active duty is counted towards length of service with the university, as prescribed by law.
  3. Employees who attend uniformed service training receive an allowance of two weeks regular full pay while performing their required training. The time for this training period is in addition to the employee's regular vacation period. Ordered service beyond the two weeks per calendar year is without pay.

II. Eligibility for Benefits

  1. Employees leaving for active military service of extended duration receive accrued vacation earned but not used during the part of the calendar year prior to reporting. Upon re- employment, time spent in the service is included in determining the employee's overall length of service, and the vacation class in which he/shethey is are to be placed. Vacation days are not earned, however, for those months spent away from RIT on active duty.
  2. Group life insurance, health insurance, social security and annuity contributions by the university cease at the time the employee enters the begins service, except where benefit contributions are continued as required by law. He/sheThey may, however, make arrangements to continue his/her portion of the annuity contributions while on active duty.
  3. Time in the military service is counted towards the employee's length of service for retirement purposes if the duration of service is less than four years, unless an involuntary extension occurs.
  4. Employees may be eligible under other RIT benefits policies for leave related to military service.

III. Procedure

A. In the Case of an Extended Tour of Active Duty

Employee

* Presents orders, training notices or induction information, and gives proper notification both to the supervisor and the Department of Human Resources

Supervisor

* Forwards Employee Action Form indicating employee's military leave status.

Employee

* Satisfactorily completes period for military service as prescribed by law and certified on discharge documents.

* Makes application for re-employment within 90 days after release from service of 180 days or more, or within 31 days if the employee has been released from service of 180 days or less.

 

B. To Qualify for the Reserve Training Allowance

Employee

* Supplies Department of Human Resources with a copy of the orders and documentation of attendance at the annual unit training.

Responsible Party: Department of Human Resources

Effective Date:
Personnel Policy 2.10 Issued June 1, 1984

Policy History:
Last revised July 1, 1993
Revised for department title change September 2008
Edited October 2010

Revisions approved by University Council on November 12, 2025