Military Leave

Summary

Military leave will be provided to Delta employees in compliance with federal regulations.  Employees must request a leave of absence for active duty.

Procedures   

Uniformed Service Members

The Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to persons who perform duty, voluntarily or involuntarily in the "uniformed services," which include the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services. Federal training or service in the Army National Guard and Air National Guard also gives rise to rights under USERRA.

Uniformed service includes active duty, acitve duty for training, inactive duty training, full-time National Guard duty,  and funeral honors duty performed by National Guard and reserve members, as well as the period for which a person is absent from a position of employment for the purpose of an examination to determine fitness to perform any such duty.

Contact the Human Resources Office for additional information.

Eligibility Requirements

Before entering military service the employee must, unless impossible, unreasonable, or otherwise prevented by military necessity:

• • Request a Leave of Absence verbally or in writing (Delta prefers written requests), and
  • Present a copy of military orders, if available, to Human Resources.

Before an employee leaves a regular assignment, the appropriate supervisor and Human Resources need to be notified of the dates of military duty and submit a request to be absent from employment duties for that period.

The employee will have the option of charging such absence a follows:

• • Hourly employee
    
    • Leave without pay 
    • Use paid leave time (vacation and/or personal days)
  • Exempt employee
    • If less than five working days within one week, report time as worked. (40 hours)
    • If off work for a full week, military leave would be leave without pay, unless using available vacation.

To qualify for re-employment pre-service employee:

• • Notify their employer of periods of military duty, either verbally or in writing.
  • Not exceed five years cumulative periods of military service with the same employer, with certain types of service being exempt.
  • Not receive a disqualifying discharge from military service.
  • Apply for re-employment within established time frames:
    • 1-30 days of military duty:  The next day of work.
    • 31-180 days of military duty:  14 days.
    • 181 days or more:  90 days. 

Rights After Reinstatement

A pre-service employee must be employed with the same seniority, status, and pay he/she would have had if he/she had not entered military service.

He/she will be entitled to all benefits offered by the employer according to the employee's established rules and practices for employees on Leave of Absence in effect when the veteran entered military service. These benefits will include vacation benefits, group insurance plans, retirement and pension plans, and other security or welfare programs.

He/she will be entitled to any wage increase or promotions he/she would have received had he/she remained on the job. He/she may not be discharged without good cause for 180 days following a period of military service from 31-180 days, and for one year following a period of military service greater than 180 days.  Although protection against discharge will be limited to one year, there is no statute of limitation on protection of seniority rights. 

Timelines:
None.

Participation:
All Delta College employees.

Revision/Review dates:
01/11, 6/22