Administrative Policies and Procedures Manual - Policy 3425: Military Leave

Date Originally Issued: 10-26-1994
Revised: 01-01-2008
Subject to Change Without Notice

Authorized by Regents' Policy 6.3 "Privileges and Benefits"

1. General

The University grants a military leave of absence to regular staff employees while they are on active duty in:

• the Armed Forces of the United States, defined to include the Army, Navy, Air Force, Marine Corps, Coast Guard, and their reserve components;
• the New Mexico National Guard and New Mexico State Guard;
• the U.S. Public Health Service, U.S. Coast and Geodetic Survey, and their reserve components;
• the state defense force to attend officially authorized training or instruction courses; or
• the civil air patrol performing search and rescue missions.

2. Eligible Employees

Regular full-time and part-time employees are covered under this policy.

3. Military Leave with Pay

The following types of active military duty qualify for fifteen (15) paid workdays of military leave per federal fiscal year.

• Annual Duty for Training by National Guard or Reserve Unit.
• When an employee's unit is activated due to a local emergency declared by either the President of the United States (for National Guard or Reserve units in the U. S. Armed Forces) or the Governor of New Mexico (for N.M. National Guard or N.M. State Guard units).
• When the President of the United States declares a national emergency and activates military units.

Such military leave is paid at the employee's straight-time rate of pay.  Once the fifteen (15) workday period is used, the employee is on leave without pay for any remaining absence

4. Military Leave Without Pay

An unpaid military leave of absence may also be granted for the following reasons.

• Voluntary active duty for a special training purpose, such as attending an Armed Forces School.
• Required active duty as part of a Reserve or ROTC obligation. Normally, such tours of duty are no more than two (2) years in duration.
• Voluntary enlistment for military service. Normally, a tour of three (3) years or more of active duty is required.

5. Request for a Military Leave of Absence

To request a military leave of absence, the employee or his or her designated representative shall give the employee's supervisor a copy of official military orders or other evidence showing that the employee is entering active military duty.

6. Benefits While on Military Leave of Absence

Although activated employees and dependents will be eligible for health care through the military, those who choose to continue the health insurance through the University may do so, and the University will continue its contribution toward the premiums. Upon reinstatement after the tour of duty, employees and dependents who chose to temporarily disenroll from a University health insurance program while the employee was on military duty are permitted to reenroll.

7. Reinstatement

An employee returning from a military leave of absence is reinstated into his or her original position, or to a position with the same status and pay rate, with no loss of seniority, as provided by the Uniformed Services Employment and Reemployment Rights Act (USERRA).  The employee who is re-employed under USERRA shall be treated as not having incurred a break in service and all raises that would have been granted the employee during the leave of absence shall apply.

If the duration of the tour of active duty is uncertain or is of an extended period, such as in a national emergency, the department may choose to fill the temporary vacancy with a regular employee. However, reinstatement of the returning veteran to the same or similar job may require the relocation or layoff of the new employee. In such cases, the department must inform the new employee in writing, at the point of hiring, of the potential consequence.

7. Occupational Deferments

The University does not seek occupational deferments for employees.

8.  Record Keeping

Each department must maintain supporting documentation for the military leave and record both paid and unpaid military leave granted to its employees.