Military Leave Policy Information Summary

This document provides an abbreviated summary of military leave provisions for the different employee groups. It is important that specific policies, rules and contract language be reviewed. This information serves only as a resource guide.

Police, Teamsters, Health Care (Non Professional), Clerical and Technical Employees

Leave Duration with Pay

15 work days in any calendar year and any accrued vacation elected

Leave Duration without Pay

5 years

Vacation Earning Rate

Upon reinstatement, earning rate will be determined as if employee had been working during leave.

Vacation Earnings

Upon reinstatement from leave, bank will be credited as if employee had been working during leave.

Sick Leave Earnings

Upon reinstatement from leave, bank will be credited as if employee had been working during leave.

Seniority Earned while on Unpaid Leave?

Yes

Retirement – Years of Service Credited Upon Return

University contributions will be paid if employees choose to contribute their portion.

Right to Reinstatement?

Yes, if (1) the position has not been abolished or the term, if limited, has not expired; (2) the individual is qualified for the position; and (3) the individual applies for reinstatement to the appointing authority in a timely manner.

Crafts and Trades Employees

Refer to respective labor contract.

Civil Service Employees

Leave Duration with Pay

15 work days in any calendar* year and any accrued vacation leave elected

Leave Duration without Pay

5 years †

Vacation Earning Rate

Upon reinstatement, earning rate will be determined as if employee had been working during leave.

Vacation Earnings

Upon reinstatement from leave, bank will be credited as if employee had been working during leave.

Sick Leave Earnings

Upon reinstatement from leave, bank will be credited as if employee had been working during leave.

Seniority Earned while on Unpaid Leave?

Yes

Retirement – Years of Service Credited Upon Return

University contributions will be paid if employees choose to contribute their portion.

Right to Reinstatement?

Yes, if (1) the position has not been abolished or the term, if limited, has not expired; (2) the individual is qualified for the position; and (3) the individual applies for reinstatement to the appointing authority in a timely manner.‡

Faculty

Leave Duration with Pay

15 work days in any calendar* year and any accrued vacation elected

Leave Duration without Pay

5 years (Not addressed in policy) †

Vacation Earning Rate

Earning rate is based on appointment.

Vacation Earnings

Upon reinstatement from leave, bank will be credited, up to maximum of 22 days, as if employee had been working during leave.

Sick Leave Earnings

NA

Seniority Earned while on Unpaid Leave?

NA

Retirement – Years of Service Credited Upon Return

University contributions will be paid if employees choose to contribute their portion

Right to Reinstatement?

Yes, if (1) the position has not been abolished or the term, if limited, has not expired; (2) the individual is qualified for the position; and (3) the individual applies for reinstatement to the appointing authority in writing in a timely manner.‡

Additional Info for Regular Faculty

For individuals holding a tenure-track appointment:

• If worked 67% time or more during the year, the year would count toward the maximum period of probationary service.
• If worked less than 67% during the year, the year would not count. Upon return to university service, the tenure clock would resume at the point it was when the military leave was initiated.

UMD Faculty

Individual must hold a full-time, nine month or more appointment to permit the Member to participate in required duties and be granted military leave.

Leave Duration with Pay

15 work days in any calendar* year** and any accrued vacation elected

Leave Duration without Pay

5 years (Not addressed in policy) †

Vacation Earning Rate

Earning rate is based on appointment.

Vacation Earnings

Upon reinstatement from leave, bank will be credited, up to maximum of 22 days, as if employee had been working during leave.

Sick Leave Earnings

NA

Seniority Earned while on Unpaid Leave?

NA

Retirement – Years of Service Credited Upon Return

University contributions will be paid if employees choose to contribute their portion

Right to Reinstatement?

Yes, if (1) the position has not been abolished or the term, if limited, has not expired; (2) the individual is qualified for the position; and (3) the individual applies for reinstatement to the appointing authority in writing in a timely manner.‡

Graduate Assistants

Leave Duration with Pay

15 work days in any calendar* year when leave falls within a paid appointment period

Leave Duration without Pay

5 years (Not addressed in GA policy) †

Vacation Earning Rate

NA

Vacation Earnings

NA

Sick Leave Earnings

NA

Seniority Earned while on Unpaid Leave?

NA

Retirement – Years of Service Credited Upon Return

NA

Right to Reinstatement?

Yes, if (1) the position has not been abolished or the term, if limited, has not expired; (2) the individual is qualified for the position; and (3) the individual applies for reinstatement to the appointing authority in writing in a timely manner.‡

Reinstatement and registration in the degree program is required.

Academic Professional & Administrative Staff

93xx, 96xx, 97xx

Leave Duration with Pay

15 work days in any calendar* year and any accrued vacation elected

Leave Duration without Pay

5 years (Not addressed in policy) †

Vacation Earning Rate

Earning rate is based on appointment.

Vacation Earnings

Upon reinstatement from leave, bank will be credited, up to maximum of 22 days, as if employee had been working during leave.

Sick Leave Earnings

NA

Seniority Earned while on Unpaid Leave?

NA

Retirement – Years of Service Credited Upon Return

University contributions will be paid if employees choose to contribute their portion.

Right to Reinstatement?

Yes, if (1) the position has not been abolished or the term, if limited, has not expired; (2) the individual continues to be qualified for the position; and (3) the individual applies for reinstatement to the appointing authority in writing in a timely manner.‡

Academic Professional & Administrative Staff

Professionals in Training

• With Tuition Benefits
• Without Tuition Benefits

Leave Duration with Pay

5 work days in any calendar* year and any accrued vacation elected

Leave Duration without Pay

5 years (Not addressed in policy) †

Vacation Earning Rate

Earning rate is based on appointment.

Vacation Earnings

Upon reinstatement from leave, bank will be credited as if employee had been working during leave.

Sick Leave Earnings

NA

Seniority Earned while on Unpaid Leave?

NA

Retirement – Years of Service Credited Upon Return

University contributions will be paid if employees choose to contribute their portion.

Right to Reinstatement?

Yes, if (1) the position has not been abolished or the term, if limited, has not expired; (2) the individual continues to be qualified for the position; and (3) the individual applies for reinstatement to the appointing authority in writing in a timely manner.‡ For positions requiring student status, reinstatement and registration in the degree program is required. Eligibility for reinstatement depends upon the time remaining to complete training.

Student Employees (Not assigned BU number)

The legal protections listed above do not extend to an individual who leaves to serve in the military from employment which is for a brief, non-recurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period of time.

Non-Employees

The legal protections listed above do not extend to an individual who leaves to serve in the military from employment which is for a brief, non-recurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period of time.

Temporary, Temporary Posted, Temporary Not Posted

The right to reinstatement does not extend beyond the employee’s specified period of appointment, nor is there a right to reinstatement if the employment is for a brief, non-recurrent period and there is no reasonable expectation of continued employment.

Leave Duration with Pay

15 work days in any calendar* year when leave falls within a paid appointment period.

Supplemental, Temporary or Casual

The legal protections listed above do not extend to an individual who leaves to serve in the military from employment which is for a brief, non-recurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period of time.

Notes

^[1] Calendar year: January 1 to December 31

^[2] The law supersedes any contract/rule/policy language to the contrary.  Note, in some cases, the leave may be beyond five years as certain military service may not be counted towards the five-year limitation.

^[3] If the leave is for 31 days or less or is for fitness for duty exam, the individual must report for re-employment at the beginning of the first regularly scheduled workday falling eight hours after returning home or as soon as possible.  If the leave is for 31 to 180 days, the individual must submit a written notice within 14 days following completion of service or as soon as possible and must submit an honorable discharge or other similar form.  If the leave is for more than 180 days, the individual must submit a written notice within 90 days following completion of service or as soon as possible and must submit an honorable discharge or other similar form.  Note, these time periods may be extended for up to two years if an employee is hospitalized or convalescing from a service-related illness or injury.