3.72 – Military Leave

A.    Purpose

To outline requirements for continued salary and benefits for college employees on military leave consistent with state and federal law.

B.    Policy

College employees who are members of the National Guard or any reserve component of the Armed Forces of the United States are entitled to a leave of absence from their duties, without loss of time, pay, regular leave, impairment of efficiency rating, or any other rights or benefits, to which they are otherwise entitled, for all periods of military services during which they are engaged in the performance of duty or training at the call of the governor and as ordered by the adjutant general without regard to length of time, and for all period of military services during which they are engaged in the performance of duty in the service of the United States under competent orders for a period not to exceed a total of one hundred twenty (120) hours in any federal fiscal year.

In extended leaves of absence that exceed 120 hours, the college will abide by all state and federal statutes regarding employment.

C.    Procedures

Unless military necessity prevents it, or is otherwise impossible or unreasonable, an employee should provide the Office of Human Resources and their supervisor with a notice of the need for leave as far in advance as is reasonable under the circumstances. The request should include the dates of departure and return, along with a copy of their official orders.

Before any payment of salary is made covering the period of the leave, the employee shall file with the Office of Human Resources an official order from the appropriate military authority as evidence of such duty for which military leave pay is granted. Such order shall contain the certification of the employee’s commanding officer of performance of duty in accordance with the terms of such order.

An employee on military leave is entitled up to one hundred twenty (120) hours (or 15 days) of paid military leave in which that person would otherwise have been required to work had it not been for such military leave. Any hours exceeding one hundred twenty (120) can be covered by using accrued vacation leave or taking unpaid leave. Military leave is calculated in one-hour increments.

Employees who are called to active duty will have rehire and other benefits as prescribed by federal law in Uniformed Service Employment and Reemployment Rights Act of 1994 (USERRA).

During unpaid leave, employee benefits may not be paid by the college. However, the employee may continue their health insurance up to 24 months at the employee’s cost.

In certain instances where employees take unpaid leave, employees may be able to purchase service for time they were on leave from Missouri Public School Retirement System covered employment. Employees are encouraged to contact the Missouri Public School Retirement System for more information.

D.    Definitions

E.    Authority

This policy is maintained under the authority of the chief human resources officer.

F.    Related Policies

3.67 Vacation Leave and Usage

G.    Implementation

Purpose, procedures, definitions, authority and related policies sections approved and adopted by the chancellor’s cabinet on 9/8/2020.

Policy approved and adopted by the board of trustees on 12/14/92. Revised 12/10/04 and 10/12/20.

Set for review in fiscal year 2023-2024.