§2.14
Military Leave
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Section Rewritten 03/02
An employee shall be granted military leave as specified below, provided that
he or she gives advance verbal or written notice of the leave. Exceptions are
when notice is precluded by military necessity, or it is unreasonable or impossible
to give such notice. In the granting of military leave, the Laboratory may require
verification of an employee's military orders.
Military leave consists of:
- Reserve Training Leave: For inactive duty,
such as weekly or monthly meetings or weekend drills.
- Temporary Military Leave: When an employee
is ordered to full-time active military duty for training for a period not
to exceed 180 calendar days, including time spent traveling to and from such
duty.
- Extended Military Leave: When an employee enlists
or is ordered into active-duty service of any length or active-duty training
in excess of 180 days, or when an employee is ordered into active federal
military duty as a member of the National Guard or Naval Militia. Such leave
shall be granted for a period not to exceed five years. In addition, leave
can be granted for a period of up to six months from the date of release from
duty.
- Emergency Leave for National Guard: When an
employee who as a member of the National Guard is called to active duty
by proclamation of the Governor during a state of emergency. An employee
who as a member of the National Guard is called to active federal military
duty at the request of the President of the United States is not eligible
for emergency National Guard leave, but shall be granted extended military
leave.
- Physical Examination Leave: When an employee
is required to take a pre-induction or pre-enlistment physical examination
to fulfill a commitment under a Selective Service or comparable law, or
during a period of war or comparable national emergency.
1. General
An employee granted temporary military leave for active-duty training, inactive-duty
training, or extended military leave is entitled to receive his or her regular
Laboratory pay for the first 30 calendar days of such leave in any one fiscal
year, provided:
- the employee has completed 12 months of continuous University service
immediately prior to the granting of the leave (all prior full-time military
service shall be included in calculating this University service requirement),
and
- the aggregate of payments for inactive-duty training, temporary military
leave, extended military leave, and military leave for physical examination
does not exceed 30 calendar days' pay in any one fiscal year.
2. Physical Examination Leave
An employee granted physical examination leave is entitled to receive his or
her regular Laboratory pay, provided that:
- the physical examination is a pre-induction or pre-enlistment physical
examination required to fulfill a commitment under a Selective Service
or comparable law, or during a period of war or comparable national
emergency, and
- the aggregate of payments for temporary military leave, extended military
leave, and military leave for physical examination does not exceed 30 calendar
days' pay in any one fiscal year.
Time off for other physical examinations in connection with military service
may be charged to accrued sick leave, accrued vacation leave, or will be without
pay.
3. Emergency Military Leave for National Guard Duty
An employee granted military leave for emergency National Guard duty is entitled
to receive his or her regular Laboratory pay for a period not to exceed 30 calendar
days in any one fiscal year. An employee is eligible for pay regardless of the
length of University service, and such pay is in addition to any Laboratory
payment for temporary military leave for active-duty training, extended military
leave, and military leave for physical examinations.
4. Part-Time Employee Eligibility
An eligible part-time employee will receive pay in proportion to the average
percentage of full time worked during the three calendar months immediately
preceding the military leave.
5. Using Vacation Leave or Leave without Pay
An employee who is not eligible for military leave with pay may have such absence
charged to accrued vacation, or the military leave may be without pay.
Following release from military service, an employee shall have such right
to return, and only such right, as may be required by state and federal law
in effect at the time the employee applies for reinstatement.
An employee granted military leave shall receive benefits as provided below:
1. Military Leave with Pay
An employee granted military leave with pay shall receive all benefits related
to employment that are granted when an employee is on pay status.
2. Military Leave without Pay
An employee granted military leave without pay shall receive:
- retirement benefits and service credit in accord with the provisions
of the applicable retirement system,
- health plan coverage at the employee's request and expense for a limited
period of time as described in the University Group Insurance Regulations,
- other length-of-service credits related to employment that would have
been granted had the employee not been absent, provided that the employee
returns to University service at the conclusion of the leave in accordance
with applicable federal and state laws, and
- vacation and sick-leave accruals and holiday pay only in accordance with
those policies.
3. Extended Military Leave
An employee granted extended military leave may choose to
- use accrued vacation to cover unpaid military leave,
- receive a lump-sum payment for accrued vacation, or
- allow accrued vacation to remain on the records.
Additional information on benefits may be found at the University
of California Human Resources and Benefits Web site.
Printed
. The official or current version is located in the online LBNL Requirements and Policies Manual.
Printed or electronically transmitted copies are not official. Users are responsible for working with the latest approved revision.