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Southwestern
Community College - Policies and Procedures Manual |
| Policy
Title: |
Military
Leave |
4.42 |
| Responsible
Division: |
Administrative
Services |
|
| Date
Approved: |
July
2002 |
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MILITARY
LEAVE
|
|
| 1. |
Leave
shall be granted to employees of Southwestern
Community College for certain periods of service
in the uniformed services. No agent or employee
of the College shall discriminate against any
employee of the College or applicant for employment
because of their membership, application for membership,
performance of service, application for service
or obligation for service in the Uniformed Services.
This regulation is stipulated pursuant to Title
23 of NC Administrative Code (Community Colleges)
Section .0800, Military Leave, and the North Carolina
General Statute 127A-116.
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| 2. |
Definitions
“Armed
forces or active military service” means
Army, Navy, Air Force, Marine Corps, Coast Guard
and other organizations which are brought into
federal military service during an emergency or
wartime.
Armed Forces and the Reserve Components are considered
the Army, Navy, Air Force, Marine Corps, Coast
Guard, Army and Air National Guard. The National
Guard is considered a reserve of the U.S. Armed
Forces. The N.C. Army and Air National Guard respond
to the Governor as Commander in Chief and serve
as the military arm of State government and respond
to the President of the United States in time
of war.
Extended active duty is defined as that period
of time for which an employee is ordered to active
military service under the following circumstances:
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| a. |
Voluntary
enlistment or entry into any of the active
military services for four years or less,
or all such enlistments or entries made during
a declared state of national emergency or
during time of war. |
| b. |
Call-up
or order to Federal active duty for an employee
in the National Guard or one of the other
Reserve Components. |
| c. |
Induction
into active military service via Selective
Service conscription. |
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| 3.
|
Military
Leave With Pay
Reserves in the armed forces of the United States
are entitled to 120 hours of leave with pay each
Federal fiscal year beginning October 1 and ending
on September 30.
Military leave can be used for Friday absence
if such absence is required in order for the reservist
to meet schedules for military transport and training
site arrivals. The reservist's orders should support
this travel requirement. Holidays and scheduled
off days duty days do not count toward the 120
hours allowed.
This leave must be approved in advance by the
employee's supervisor and is applicable to any
type of active military duty to attend annual
training or other military purposes other than
those listed in Section 4 and 5 below.
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| 4.
|
Military
Leave Without Pay
Military leave without pay is granted for certain
periods of active duty or for attendance at service
schools. Except for extended active duty, all
or any portion of an employee's 120 hours annual
military leave (prorated for permanent part-time
employees) with pay or regular vacation leave,
or compensatory time-off may be used in lieu of
or in conjunction with military leave without
pay.
Military enlistments without pay may be granted
for one four-year enlistment period. Employees
will receive retirement credit if they return
to College employment within two years of discharge.
Employees will also have accumulated sick leave
reinstated if returning to College employment
within 90 days following discharge. Any salary
increases missed during enlistment would also
be granted to the employee.
Employees are not entitled to military leave for
the following: Regularly scheduled unit assemblies
occurring on weekends and referred to as drills.
Although these periods are unacceptable for military
leave with pay, the employing agency is required
to excuse an employee for regularly scheduled
military training duty. The employee's work schedule
will be appropriately rearranged to enable attendance.
To determine the dates of these regularly scheduled
unit assemblies, the employee should provide management
a unit training schedule which lists training
dates for a month or more in advance.
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| a. |
Duties
resulting from disciplinary actions imposed
by military authorities. |
| b. |
Unscheduled
or incidental military activities such as
volunteer work at military facilities or unofficial
military activities. |
| c. |
Inactive
duty training (drills) performed for the convenience
of the member, such as equivalent training,
split unit assemblies, or make-up drills.
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| 5.
|
Employee’s
Responsibilities
The College requires an employee to submit a copy
of his/her orders or other appropriate documentation
evidencing performance of required military duty.
Request for Military Leave and any extension(s)
should be made to an employee's supervisors as
soon as possible after the employee is notified.
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| 6. |
Retention
of Benefits
A returning employee is entitled to the same seniority,
rights and benefits, he/she would have had if
employment had been continuous.
| a. |
During
military leave with pay, employees do not
lose any College service or suffer any adverse
service rating. Employees continue to accumulate
sick leave, vacation leave, and Total State
Service credit, and receive any promotions
or salary increases for which they are eligible. |
| b. |
During
military leave without pay, employees continue
to earn Total State Service credit. They do
not continue to accumulate leave. |
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| 7. |
Reinstatement
Within the guidelines established by federal and
state laws, employees who take leave to serve
in the armed services are entitled to re-employment
with the College provided:
| a. |
Advance
written or verbal notice of military service
is provided to the College, unless such notice
is precluded by military necessity or is otherwise
impossible or unreasonable. |
| b. |
Cumulative
absence due to military reasons does not exceed
five years. |
| c.
|
The
employee reports to work or applies for re-employment
on a timely basis as follows:
| 1. |
Employees
with military service of 30 days or
less or absences for the purpose of
an examination to determine fitness
for service must report to the College
no later than the beginning of the first
regularly scheduled work day following
completion of service and eight hours
after a period sufficient to allow safe
transportation of the employee from
the place of service to the employee's
residence. |
| 2.
|
Employees
with military service of more than 30
days but no more than 180 days must
submit an application for re-employment
no later than 14 days following completion
of service (or within the next calendar
day that application becomes possible
when application within that period
is impossible or unreasonable through
no fault of the employee). |
| 3. |
Employees
with military service of more than 180
days must submit an application for
re-employment no later than 90 days
following completion of service. |
| 4.
|
An
employee hospitalized for, or convalescing
from a service-related illness/injury
must report to the employer or make
application at the end of the period
necessary for recovery. Except for circumstances
beyond the employee's control which
would make it impossible or unreasonable
to report or apply, the maximum period
for recovery may not exceed two (2)
years. |
An
employee's failure to report within the
time described above subjects the employee
to the College's policy regarding unauthorized
absence from work.
Honorably discharged employees are entitled
to full retirement membership credit for
the period of active service. Under this
provision, credit is received upon filing
a copy of the service record (Form DD-214
showing dates of entry and separation) with
the Teachers' and College Employees' Retirement
System. |
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