4.16 Military Leave

Last Revised: 10 Oct 2019

Refer Questions to: Executive Director, Human Resources

Scope

This policy applies to regular and extended temporary staff in all offices and divisions of Gallaudet University and to regular and extended temporary Clerc Center teachers, unless specifically covered by collective bargaining agreements made between Gallaudet University and certified bargaining agents, unless specifically covered by collective bargaining agreements made between Gallaudet University and certified bargaining agents.

Policy

The University recognizes the right of every employee to maintain reserve membership in the Armed Forces of the United States or the National Guard. For routine periods of active duty (e.g., summer training), the University pays the difference between the employee’s regular base salary and the amount received from duty services for a maximum of 15 working days per year. Any additional time required for training or time needed for other purposes related to reserve membership may be taken as leave without pay or as annual leave (staff) or personal leave (Clerc Center teachers).

If a regular status employee is ordered to active military duty for a national or international emergency, the University pays the difference between the employee’s regular base salary and the amount received for duty services for a maximum of one year. Any additional time may be taken as annual leave (staff), personal leave (Clerc Center teachers), and/or leave without pay. Extended temporary employees and employees paid by a grant are eligible for compensation during the term of their appointment only rather than for one year.

Upon honorable or general discharge from active duty, the University follows the reinstatement privileges and guidelines described in the Uniformed Services Employment and Reemployment Rights Act of 1994. This policy is not intended to limit any rights employees (whether covered by this policy or otherwise) may have to reinstatement under military leave law.

Approved by: Gallaudet University Board of Trustees

Procedures

Routine Periods of Active Duty or Training

1. The employee must present orders for routine periods of active duty to the supervisor as soon as notification is received, and submit a statement indicating the amount of pay that he/she will receive for active duty service.
2. While on leave, up to a maximum of 15 working days, the employee continues to be paid the difference between the amount the employee is receiving from the government and the employee’s regular rate of pay for number of hours/days normally scheduled to be worked.
3. If the employee goes on leave-without-pay status, the employee is responsible for making arrangements to see that all payroll deducted obligations are met.
4. Upon return to work status, the employee must provide a statement from his/her commanding officer or other responsible official to the supervisor and to the Payroll Supervisor indicating the dates of duty and the amount of compensation received. The University will correct any underpayment caused by a difference between the estimate and actual military pay.

Active Duty for an Emergency

1. The employee must present orders for active duty to his/her supervisor as soon as notification is received and submit a statement indicating the amount of pay that he/she will receive for active duty service.
2. The University pays the difference between the employee’s base salary and the amount received for duty service on a bi-weekly basis. Benefits and other authorized deductions continue unless canceled. If the difference in salary is insufficient to cover all necessary withholdings or if the employee goes on leave-without-pay status, the employee is responsible for making arrangements to see that payment obligations are met.
3. An employee eligible for reinstatement is required to notify the supervisor immediately upon release from active duty and must apply for reinstatement privileges within 90 days of separation or a different period if provided by applicable law.

General

1. The W-2 form from the University does not include amounts received from the Armed Forces or National Guard. It is the employee’s responsibility to report amounts received as compensation for military duty on his/her tax return.

Employees who are on paid military leave for routine periods of active duty continue to accrue leave in the usual manner. Leave for employees who are ordered to active duty for a national or international emergency is frozen until the employee returns to a regular pay status.