2.65


Military Leave


POLICY OVERVIEW

The University of Texas Health Science Center at Houston (“university”) will grant military leave to any regular, part time or temporary employee who is called to active duty with:

The Armed Forced of the United States and the reserve components of the Armed Forces of the United States are called to active duty at the order of the President of the United States.

In peacetime, the Texas Army National Guard and Texas Air National Guard are commanded by the Governor of Texas.  When called to active duty during armed conflict, for peacekeeping/humanitarian operations, or in national emergencies, both units of the Guard are commanded by the secretary of the appropriate branch of the Armed Forces of the United States.

The Texas State Guard is commanded by the Governor of Texas.

No employee who is a member of a reserve component of the armed forces, Texas Army National Guard, Texas Air National Guard, or Texas State Guard will be denied retention in employment or promotions or other incidents or advantages of employment because of any obligation as a member of one of these units.

POLICY CONTACT

For questions regarding this policy, contact Human Resources – Employee Relations.

For questions regarding the benefits implications of extended military leaves, contact the Benefits department.

DEFINITIONS

Armed Forces of the United States:  Army, Navy, Marine Corps, Air Force, Coast Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, Coast Guard Reserve, Army National Guard, Air National Guard, Commissioned Corps of the Public Health Service, and any other category of persons designated by the President of the United States in time of war or emergency.

PROCEDURES

I. Applying for Military Leave

An employee who is requesting military leave should notify the immediate supervisor as soon as he or she receives notice of impending military duty. Unless giving notice is precluded by military necessity or otherwise impossible or unreasonable, a copy of the employee's military orders should be submitted to the employee's supervisor as proof of authorization for the leave as soon as they are available and retained in the employee's departmental personnel file.

II.  Payment During Military Leave

An employee called to active duty or authorized training as a member of the above-defined groups will receive a paid leave of absence of 15 working days in a federal fiscal year (October 1 through September 30).  Employees who exhaust the 15-day period of paid military leave and are called for additional military service will be placed on extended military leave.  However, employees who are called by the Governor of Texas to state active duty in the Texas National Guard, Texas State Guard or any other active militia or military force organized under Texas law are entitled to unlimited emergency leave with full pay, without loss of military leave or other annual leave.  This time does not count against the 15 days of annual paid military leave.

The university will provide differential pay to an employee on unpaid military leave if the employee's military gross pay is less than the employee’s state gross pay. The combination of differential and military pay may not exceed the employee's actual state gross pay. “Military gross pay” for purposes of calculating the pay differential does not include money the employee receives for service in a combat zone, as hardship pay, or for being separated from the employee’s family.  An employee whose military pay is less than his/her gross university pay will receive differential payment through the payroll process. Departments are responsible for submitting a transaction to Payroll using the Extended Military Pay form.

III. Reinstatement

An employee who returns from military service will be reinstated to the same position or to a position of like seniority, status and pay as the former position. Time limits for returning to work depend upon the duration of a person's military service. In all cases, employees are urged to contact their managers as soon as possible to advise them of their desire to return to work.

Applicable time limits are as follows.

If, owing to a service-incurred disability, an employee is unable to perform his or her former duties, yet may perform adequately in a similar position, the employee will be reinstated to a position that most nearly approximates the seniority, status, and pay of the former position.

IV. Benefits and Accruals

Before the effective date of unpaid military leave, the employee must contact the Benefits department to arrange to continue his or her group insurance programs; otherwise, this insurance coverage may be cancelled. Benefits representatives will provide further information to employees on insurance and retirement coverage during unpaid military leaves of absence.

Neither vacation nor sick leave will accrue for the duration of the leave; however, unused vacation and sick leave balances will remain unchanged until the employee returns to active employment.

An employee will begin accruing benefits immediately upon reinstatement. The vacation accrual and longevity pay accrual rates will be based on the effective date of employment and will include time spent in the armed forces for military duty.

Updated 04/08