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Military Leave

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  1. Policy

    Salt Lake Community College (SLCC) will provide short-term or full-time military leave to college employees serving in the armed forces or other service in the uniformed services in compliance with federal and state laws and mandates.

  2. References
    1. Uniformed Service Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301—4335.
    2. Employee Military Service, Utah Code Ann. § 71A-8-101, et seq.
    3. Employee Benefits, Utah Board of Higher Education R. 821.
  3. Definitions
    1. Employees: any individual hired by the college into a full- or part-time position.
    2. Full-time Employees: employees who work 75% full-time equivalency (FTE) of a 40-hour work week or greater and are eligible for full-time benefits.
    3. Regular Employees: a full-time faculty or staff member whose employment is continuous and initially funded for a non-temporary period who has successfully completed the probationary period.

    See Personnel Definitions

  4. Procedures
    1. Employees must provide advance written or verbal notice to their supervisor and ADA/FML Leave coordinator of an absence for military leave, unless prevented by military circumstances or if it is otherwise impossible or unreasonable.
      1. Short-Term Military Leave
        1. College employees who are members of any reserve branch of the United States Armed Forces are entitled to a leave of absence with full pay, up to 15 working days per fiscal year, for active duty training.
        2. Employees must be placed on military orders for the training. Employees must provide copies of the orders to their supervisor and the ADA/FML Leave coordinator before the training date.
      2. Full-Time Military Leave
        1. College employees who are drafted, volunteer for, or are called into active service will be granted a leave without pay for the duration of the full-time military duty, not to exceed five years, plus up to an extra ninety days for reinstatement of employment.
        2. The ninety-day reinstatement period may be extended up to two years if an individual is hospitalized or convalescing from an injury caused by active duty.
        3. Full-time, regular employees who return to work before their military leave expires and have completed their active duty service shall be promptly reinstated without undue delay. These employees will:
          1. be entitled to the same or similar position and pay rate as before active military duty.
          2. be paid a salary that includes average pay rate increases received by other persons in similar positions during the leave.
          3. retain the sick and vacation leave they accrued before the military leave began.
          4. be restored as if the employee had been in continuous employment during active military duty, with no loss of promotions, length of service, or other position attributes.
        4. Tenure-track faculty entering active military duty will have the tenure clock stopped with no penalty for the period of absence.
        5. Upon reinstatement, federal law protects a returning employee from being discharged without cause based on length of military service.
          1. If the employee was absent for 31-180 days, they are protected against being terminated without cause for six months.
          2. If the employee was absent for more than 180 days, they are protected against being terminated without cause for one year.
        6. The Reduction In Force, Payment in Lieu of Notice, and Bona Fide Financial Exigency Policy applies to college employees, including individuals involved in military service.
        7. SLCC will provide reasonable accommodations to employees returning from active duty with service-connected disabilities.
          1. If, with reasonable accommodations, an employee cannot perform the essential function of a position, SLCC will place the employee in an equivalent position in terms of seniority, status, and pay, for which the employee is qualified.
          2. If no such position is available, SLCC shall place the employee in the nearest approximate position.
    2. Insurance
      1. The college will continue medical, dental, and life insurance benefits at the same level as the time of the call to active military service for 30 days beyond the date the employee begins active military duty.
      2. To extend salary during these 30 days, the employee may use short-term military leave, accrued vacation, or both.
      3. Beyond these 30 days, SLCC will treat other basic employee benefits as any other employee taking a leave of absence without pay.
      4. Employees may continue health insurance benefits by paying the premiums for such benefits under the COBRA continuation provisions.
    3. Retirement
      1. The college will give retirement benefit accruals for employees enrolled in a college retirement plan during the military leave if their employment is interrupted by active military service.
      2. The college will pay retirement contributions for employees called to active duty for up to five years, and up to an additional 90 days for employment reinstatement.
      3. The college will pay retirement contributions at the approved rate based on the employee's compensation at the time of entry into active military service.
      4. To qualify for Utah Retirement Systems plan accruals, employees must return to the college upon receiving an honorable discharge and may need to present federal DD Form 214.