Military, Court Appearance, or Civic Duty Leaves
Responsible University Officer(s):
- Vice President for Human Resources
- Director of Total Compensation
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, 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)
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. Government and civic duty leaves are provided to employees in accordance with federal and state laws and regulations and University policy.
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- Calendar Year
- January 1 to December 31.
- Requests military leave following specified procedures.
- In a timely manner, notifies the department 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.
- Responsible Administrators/Supervisors
- 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).
Bargaining Unit Contracts and Civil Service Rules
- 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
- Board of Regents Policy: Employee Work-Life and Personal Leaves
- Administrative Policy: Family and Medical–FMLA Leave
- Administrative Policy: Graduate Assistant Employment
- Administrative Policy: Postdoctoral Appointments
- Administrative Policy: Student Employment
- Administrative Policy: Unpaid Personal Leaves for Faculty and Academic Professional and Administrative Employees
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.
- 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.
- August 2010 - Updated to reflect state law change in absence from work to vote
- 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.
- 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.
- February 2007 - Military Leave policy moved to Administrative Policy.
- February 1991 - Administrative Policy: Miscellaneous Leaves.
- 1969 - Board of Regents Policy: Military Leaves
- February 1969