607: Leave for Military Duty

Policy Number: 607 Effective Date: 3/1/95
New: x Revised:

     
607.0 POLICY LEAVE FOR MILITARY DUTY
607.1 STATEMENT Georgetown University grants leaves of absence for military duty to employees who are members of the National Guard or the Military Reserves.  The University also reemploys veterans in compliance with the Veteran Reemployment Rights Law. 
607.2 PHILOSOPHY The University encourages individuals to fulfill military obligations by providing equitable treatment to employees who have military obligations.  The University's policy is to comply with the provisions of federal and other laws regarding military leaves of absence and reemployment.
607.3 PROCEDURES Leave of Absence for Training in the National Guard or Military Reserves

Notification
An employee who has been called for active duty training should submit an application to the department for a leave of absence no later than 30 days before the report for service or training date. Employees who are called upon to perform training (other than initial active duty training for 12 weeks or more) must request leave to be entitled to reinstatement A copy of the military orders should accompany the application.  After receipt, the application will be processed for approval.

Compensation
An employee returning from military leave for training will receive compensation from the University for up to two weeks equal to the difference between his or her regular pay and the military pay received while on leave.  When the employee presents a certified government accounting of compensation to the supervisor, the department computes the compensation difference and generates the appropriate paperwork for payment. 

During the leave period, the employee is not entitled to receive compensation from the University (including holiday pay), unless the employee has voluntarily elected to use paid leave during the period of military duty. 

Reinstatement
Reservists and National Guard members returning from initial active duty training for 12 weeks or more must apply for reinstatement within 31 days of release from such duty or of being discharged from hospitalization incident to such duty that does not exceed one year.  Those who are returning from all other training must report to work on the first scheduled working day following return from training or hospitalization incident to the training. 

Employees (other than temporary employees) who satisfy all legal requirements for reinstatement after the leave will be reinstated. 

Leave of Absence for Active Duty from Guard or Reserve Status

Notification
An employee who has been called for active duty military service from the National Guard or Reserves should notify the supervisor and the department head promptly. 

Compensation
An employee will be compensated for the difference between his or her regular pay and the military pay while on active duty for up to six months. 

During the leave period, the employee is not entitled to receive other compensation from the University (including holiday pay) unless the employee has voluntarily elected to use paid leave during the period of military duty. 

Reemployment Rights After Active Duty
The University will reinstate employees (except those in temporary positions) who satisfactorily complete their military service without reduction in seniority, status, or pay, if all the other conditions required by law are met including a timely application for reinstatement. 

Retention after Reinstatement
A veteran returning from a call to active duty is protected by federal law against discharge without cause for a period of one year.  A reservist or National Guard member returning from a period of initial active duty for training of not less than 12 weeks has similar statutory protection, but only for six months.  There is no comparable period of immunity for reservists and National Guard members who perform weekly or weekend drills, annual tours of training duty and other types of military training. 

A reservist or National Guard member cannot be discharged from employment or denied any promotions or other employment benefits or advantages because of any obligations arising out of his or her service or because of any absence from work that results from such military obligation. 

Leave of Absence for Other Military Service
Military leave will also be provided for other types of military service in accordance with federal or other applicable law.  Employees on such leave will be reinstated if all legal requirements are met.

607.4 RESPONSIBILITY Employees called to military service or training are responsible for providing all requested documentation in a timely manner. 

The department will process each request in a timely manner and must comply with all federal reemployment rights.

607.5 RESOURCE All questions about leaves of absence for military duty and related reemployment rights should be directed to the appropriate Human Resources department.