The purpose of this policy is to provide uniform guidance for the use of Military Leave.
Chancellor
Revised June 2022; Revised August 2017; Revised January 4, 2012; Established January 1, 2007
UNC Policy 300.2.8
Human Resources
Purpose
The purpose of this policy is to provide uniform guidance for the use of Military Leave.
Scope
All EHRA and SHRA employees holding permanent, probationary, trainee, and time- limited appointments, and all faculty assigned to benefit accruing positions are covered under these provisions. Although temporary EHRA and SHRA employees are not eligible for benefits, they are covered under the re-instatement policies of the State Human Resources Manual.
Definitions
| Term | Definition |
|---|---|
| Service in the Uniformed Service | The performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes:
|
| National Guard | A reserve of the U.S. Armed Forces. The N.C. Army and Air National Guard respond to the Governor as Commander in Chiefand serve as the military arm of State government and respond to the President of the U.S. in time of war. |
| Uniformed Services |
|
Policy
Leave for certain periods of service in the uniformed service will be granted in accordance with the provisions below.
Active and Inactive Duty Training
Leave with pay may be granted for up to 120 working hours per federal fiscal year (Oct 1 – Sept 30) for any type of active military duty for members of reserve components of the U.S. Armed Forces (including NationalGuard) who are not on extended active duty. Leave with pay may apply toweekend “drills” only if such drills occur during an employee’s regular work schedule.
Reserve Active Duty
When ordered to State or Federal active duty, or as an intermittent disaster- response appointee upon activation of the National Disaster Medical System, the following shall apply for each period of involuntaryservice:
Members receive up to thirty (30) calendar days pay based on current annual salary. (This includes special activities of the National Guard, usually not exceeding one day, when authorizedby the Governor.)
After the thirty day period, employees shall receive differential pay for any period of involuntary service. The differential is the difference between military basic pay and the employee’s annual base university salary, if military pay is the lesser.
Time is recorded as “Other – Military”, and is paid as regular time. If additional military leave is needed it can be charged to vacation, bonus, accrued comp leave, or taken as Leave without Pay.
Military Leave without Pay
Military Leave without Pay will be granted for all uniformed services duty that is not covered by Leave with Pay .
Additional Information
When an employee is called for active duty, Human Resources must be notified at once so that pay and benefit issues can be handled correctly. SHRA employees may refer to the State Human Resources Policy Manual for more detailed information. EHRA and Faculty may refer to General Administration Personnel Policies, section 300.2.8.
Benefits
Service Credit - During the period of reserve active duty, whether receiving full State pay, differential pay, or no pay, the employee shall not incur any loss of total State service.
Longevity - If eligible, the employee shall continue to be paid longevity payments during the period of reserve active duty.
Leave – The employee shall continue to accumulate sick and vacation leave. If the employee does not return to State employment, vacation leave earned while on reserve active duty will be paid in accordance with the Vacation Leave Policy.
Retirement - The employee shall receive retirement service credit for periods of service authorized in the Retirement System statute. (See Retirement System Handbook for further details.)
Health Insurance - When on State duty, the State continues to pay for health coverage for members of the National Guard. When on Federal active duty, the State will pay for coverage in the State Health Plan for at least 30 days from the date of active service pursuant to the orders. Partial premiums are not accepted; therefore, if a full premium is paid to cover a partial month, coverage will also continue to the end of that month. If the employee chooses to exhaust vacation leave, the State also pays for coverage while exhausting leave.
Reinstatement
Reinstatement
The agency is required to provide the same treatment that would have been afforded hadthe employee not left to perform uniformed service. (This includes temporary and intermittent employees.)
Reinstatement shall be made if the employee reports to work or applied for reinstatementwithin the established time limits, unless the service was terminated by the occurrence ofeither of the following:
A separation under other than honorable conditions, as characterized pursuant toregulations prescribed by the Secretary of the applicable military branch..
Employees who resign to enter military service without knowledge of their eligibility for leave without pay and reinstatement benefits, but who are otherwise eligible, shall be reinstated as if they had applied for this benefit.
Time Limits
The employee shall be responsible for returning, or making application for reinstatement,within the time limits defined below.
The time limit for submitting an application for reemployment or reporting back to work depends upon the length of uniformed service. If reporting back or submitting an application for reemployment within the specified periods is impossible or unreasonable through no fault of the employee, the employee must report back or submit the applicationas soon as possible thereafter. The service duration and periods for returning or applyingfor reemployment are as follows:
less than 31 days, must return at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safetravel home plus an 8 hour rest period;
more than 30 days but less than 181 days, must submit a written or verbal application for reemployment with the agency not later than 14 days after the completion of the period of service; or,
more than 180 days, by submitting an application with the agency not later than 90 days after the completion of the period of service.
Reinstatement Position
Reinstatement shall be to the position they would have likely achieved had they remainedcontinuously employed (escalator position); or, if the period of uniformed service was in excess of 90 days, their escalator position, or one of like seniority, status and pay with the same agency or with another State agency. In the case of reemployment, such reemployment is to be promptly effective.
If, during military service, the employee suffers a disability incurred in, or aggravated during, uniformed service, to the extent that the duties of the escalator position cannot beperformed, the employee shall be reinstated to a position most nearly comparable to the escalator position, with duties compatible with the disability and without loss of seniority.
Reinstatement Salary
The employee’s salary upon reinstatement shall be based on the salary rate applicable tothe proper escalator position. In no case will the reinstated employee’s salary be less thanwhen placed in a military leave status.