Human Resources Manual

Policy No.: 4-12 This policy applies to:
Policy Name: Military Leave Non-exempt staff
Effective Date: 08/01/04   Exempt staff
Revised: 11/01/10  Faculty

Policy

A military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Procedure

Employees will receive partial pay for two-week training assignments and shorter absences. Upon presentation of satisfactory military pay verification data, employees will be paid the difference between their normal base compensation and the pay (excluding expense pay) received while on military duty. Loyola University New Orleans will only offset an employee's pay during a military leave up to two weeks in any 12- month rolling period. Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable.

Military leaves of absence in excess of two weeks will be unpaid. However, employees may use any available vacation for the absence.

Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which the employee is otherwise eligible.

Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon the employee’s return to active employment.

Employees on military leave for up to 30 days are deemed to be on furlough or leave of absence and required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time. Employees on longer military leave (31 days or more) must apply for reemployment in accordance with USERRA and all applicable state laws.

The USERRA time limits for returning to work are as follows:

  • Less than 31 days service: By the beginning of the first regularly scheduled work period after the end of the calendar day of duty, plus time required to return home safely and an eight hour rest period. If this is impossible or unreasonable, then as soon as possible.
  • 31 to 180 days: The employee must apply for reemployment no later than 14 days after completion of military service. If this is impossible or unreasonable through no fault of the employee, then as soon as possible.
  • 181 days or more: The employee must apply for reemployment no later than 90 days after completion of military service.
  • Service-connected injury or illness: Reporting or application deadlines are extended for up to two years for persons who are hospitalized or convalescing.

Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable one depending on the length of military service in accordance with USERRA, and will be treated as though they were continuously employed for purposes of determining benefits based on length of service.

Employees who abuse University leave policies and procedures may be subject to disciplinary action up to and including termination.