University of Minnesota  Administrative Policy

Military, Court Appearance, or Civic Duty Leaves

Policy Statement

Employees may be absent from work for military leave, jury duty, appearance in court, and voting or serving as an election judge in federal or state elections as outlined in this policy and respective employee group governing documents. This policy applies to employees from all employee groups except those holding the following appointments: (1) affiliates, (2) supplemental, or (3) temporary or casual.

Military Leave

Military leave, whether voluntary or involuntary, is taken for service including activities such as training, active duty, full-time National Guard duty, and fitness for military duty examinations.

Military leave applies to employees who are members of the following:

  • the National Guard and Air National Guard;
  • an armed forces branch of the United States military, regular or reserve, (Army, Navy, Air Force, Marines, Coast Guard);
  • commissioned corps of the Public Health Service; or
  • any other category of persons designated by the President of the United States in time of war or national emergency.

Employees are granted military leave in accordance with federal and state laws and regulations and University policy. University employees are granted leave with pay, not exceeding 15 days in any calendar year, for required service in the National Guard or any of the armed services reserve forces. Additional leave without pay is granted for the duration provided within federal and state laws and regulations. (Refer to Appendix A: Military Leave Policy Information Summary for provisions regarding leave duration with and without pay, vacation earning rate, vacation and sick leave earnings, seniority earnings, retirement years of service credited upon reinstatement, and tenured/tenure-track faculty reinstatement.)

Employees are entitled to resume University service following their military leave. Employees who are re-employed after a military leave of 30 to 180 days may not be discharged without cause for six months after the date of re-employment. Employees who are re-employed after a military leave of 181 days or more may not be discharged without cause for one year after the date of re-employment. (Refer to Appendix A: Military Leave Policy Information Summary.)

For military family leaves associated with an employee's immediate family member being on or receiving a federal call to active duty status in support of a contingency operation or having a serious injury or illness incurred while on active duty, refer to the Administrative Policy: Family & Medical - FMLA Leave.

Appearance in Court

Employees are granted paid leave when testifying before a court or a legislative committee on matters concerning federal or state government, the University, or when called to testify as an expert, so long as their testimony or consultation is unpaid. Employees who are victims of certain crimes are provided unpaid personal leave in accordance with, and as defined by, law. (Refer to the appropriate governing documents, contracts or to Administrative Policy: Unpaid Personal Leaves for Faculty and Academic Professional and Administrative Employees)

Jury Duty

Employees are granted paid leave when serving on a jury, including the jury selection process. When the jury is recessed, the employee is expected to be working during any normal work time.

Voting and Election Judge Leave

Employees are eligible for a paid leave of absence to vote in any state-held general election, primary special election, and special primary for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of that election. Paid leaves to vote cover only those hours the employee is regularly scheduled to work and are provided to only those employees who specifically request time off to vote.

Employees also are eligible for a paid leave of absence to serve as a precinct election judge. To be eligible, an employee, at least 20 days in advance, must provide a written leave request accompanied by certification from the appointing authority stating the hours of service.

Reason for Policy

This policy implements Board of Regents Policy: Employee Work-Life and Personal Leaves (PDF). Government and civic duty leaves are provided to employees in accordance with federal and state laws and regulations and University policy.

Procedures

Forms/Instructions

Appendices

Frequently Asked Questions

  1. If federal or state regulations differ from language in policies, rules, or contracts, which information takes precedence?

    The law supersedes any contract, rule, or policy language to the contrary except in cases where the policies, rules, and contracts provide the benefits beyond those prescribed by law.

  2. An employee is called up for active service. How does this affect the employee’s employment status?

    If eligible, employees are granted an approved leave of absence from the University to enable them to comply with their military orders. For information regarding leave duration with and without pay, vacation earning rate, vacation and sick leave earnings, seniority earnings, retirement years of service credited upon reinstatement, refer to Appendix A: Military Policy Information Summary.

Contacts

Subject Contact Phone Email
General Information or Procedural Assistance
  • Primary: Leave of Absence Specialist
  • Secondary: Local campus, college, or administrative unit HR administrator
  • Other (as needed): Office of Human Resources specialist or consultant
612-624-8647; 800-756-2363 [email protected]
All other questions about civic leaves should go to [email protected] and Supervisor is Primary Contact
Employee Benefits Information and Document Processing Office of Human Resources Contact Center 612-624-8647 or 800-756-2363, option 1 [email protected]
Responsible Individuals
Responsible Officer Policy Owner Primary Contact
  • Vice President, Office of Human Resources
  • Director of Employee and Labor Relations
  • See Contacts Table above

Definitions

Calendar Year
January 1 to December 31.

Responsibilities

Employee
  • Requests military leave following specified procedures.
  • In a timely manner, notifies the Leave of Absence Specialist of plans to return to work following military leave.
  • Follows this policy and department procedures when requesting leave for appearance in court, jury duty, and voting.
  • Follows this policy when requesting leave to serve as a precinct election judge.
Leave Administration Team
  • Responds to leave requests and notices of intent to return from leave as appropriate.
  • Ensures accurate entry of military leave in the Human Resource Management System (HRMS).

Related Information

Bargaining Unit Contracts and Civil Service Rules

See Human Resources website, Employee Resources - Contracts section.

  • Unit 1 Law Enforcement, Article 19–Leaves of Absence
  • Unit 3 Teamsters, Article 19–Leaves of Absence
  • Unit 4 AFSCME Health Care, Article 8–Leaves of Absence
  • Unit 6 AFSCME Clerical and Office, Article 18–Leaves of Absence
  • Unit 7 AFSCME Technical Unit, Article 18–Leaves of Absence
  • Civil Service Rules, Rule 11–Leaves of Absence
  • UEA Article 600.000–Leaves of Absence

Related Policies

Related State/Federal Laws and Regulations

  • Minnesota Statute § 192.26 – Paid leave
  • Minnesota Statute § 192.261 – Unpaid leave and reinstatement
  • Minnesota Statute § 611A.036 – Court proceedings
  • Minnesota Statute § 204B.195 – Time Off From Work to Serve as Election Judge
  • Minnesota Statute § 204C.04 – Elections - Right to be absent
  • Uniformed Service Employment and Re-employment Rights Act (USERRA), 38 U.S.C. § 4301 et seq.
  • S. Department of Labor regulations regarding USERRA, 20 C.F.R. part 1002 et seq.

History

Amended:
December 2022 - Minor revisions due to OHR centralizing the leave of absence administration process.
Amended:
April 2018 - Comprehensive Review. Minor Revisions. Minor clarifications including that paid leave is available for court appearances provided that their testimony or consultation is unpaid.
Amended:
August 2010 - Updated to reflect state law change in absence from work to vote
Amended:
April 2009 - Language, including definitions, deleted regarding providing unpaid leave to an employee whose immediate family member, as a member of the U.S. armed forces, (1) is ordered into active service in support of a war or national emergency or (2) has been injured or killed while engaged in active service. Pursuant to federal regulations effective January 16, 2009, these military family leave provisions now are included in the Administrative Policy: Family & Medical – FMLA Leave and may be paid leave pursuant to the terms of that policy. Paid leave to serve as a precinct election judge added in accordance with state law. Language in policy, procedures, and appendixes otherwise updated.
Amended:
May 2008 - Language contained in the Administrative Policy: Military, Court Appearance, or Civic Duty Leaves incorporate policy and procedure information previously contained in the Administrative Policies: (1) Military Leaves and (2) Miscellaneous Leaves. Policy converted to the new University-wide format for administrative policies. Language clarified around current Federal and State regulations.
Amended:
February 2007 - Military Leave policy moved to Administrative Policy.
Adopted:
February 1991 - Administrative Policy: Miscellaneous Leaves.
Adopted:
1969 - Board of Regents Policy: Military Leaves
Effective:
February 1969