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ATTENDANCE AND LEAVE (A&L) |
Last updated
10/19/2001Leave for Active Military Duty
Overview
Faculty,
A&P, and USPS employees who are ordered to active military service (not
active duty training) are granted a leave of absence beginning with the date of
induction. Upon learning that an
employee is being recalled to active duty, it is critical that Human Resources
be immediately notified. A military
leave impacts terms and conditions of employment and staff in Human Resources
are available to assist departments and family members.
To be
granted a military leave of absence, the university must be provided a copy of
the military orders. A copy of
these orders should be attached to the completed Appointment Status Form (ASF),
and forwarded to the Appointments Section in Human Resources.
OPS employees may be placed on a leave of absence only through the end
date of the active appointment.
For
Faculty, A&P, and USPS employees, the first 30 calendar days of a military
leave for active duty, is with full pay and does not affect the employee’s
annual and/or sick leave balance(s). The remainder of the leave of absence
is without pay, unless the employee elects to use accrued annual, sick, and/or
compensatory leave to cover financial obligations.
OPS employees are not eligible for paid leave.
For
information regarding how the leave of absence may affect tenure status, the
Dean's Office or the Provost's Office should be contacted.
For
information regarding the continuation or cancellation of benefits plans, the
Benefits Office in Human Resources should be contacted.
For
information regarding continuation of pay and premium deductions, the Payroll
Office in Purchasing and Financial Services should be contacted.
The
following chart provides a quick reference to the benefit options available to
an employee who is recalled to active duty and placed on a military leave of
absence.
|
Benefit
Plan |
Military
Leave Benefits |
|
Retirement
Contributions |
Upon
returning to reemployment, employee receives full retirement credit for
the leave. Upon reemployment,
an audit of the employee’s retirement account is completed and the
department is required to pay the employer contributions plus interest
due. |
|
Health
Insurance
|
Employee
is permitted to continue or cancel coverage.
Employee
must be in a pay status for one day each month to receive employer
contributions toward the monthly premium. If
coverage is canceled, upon returning to active reemployment, the employee
may re-enroll in coverage within 31 days of returning to work. |
|
State
Life Insurance |
Employee
is permitted to continue or cancel coverage.
Employee
must be in a pay status for one day each month to receive employer
contributions toward the monthly premium. If
coverage is canceled, upon returning to active reemployment, the employee
may re-enroll in coverage within 31 days of returning to work. |
|
Optional
Life Insurance |
Employee
may continue or cancel coverage.
If
coverage is canceled, upon returning to active reemployment, the employee
may re-enroll in coverage within 31 days of returning to work. |
|
Reimbursement
Accounts |
Employee
may continue or cancel participation.
If
participation is canceled, upon returning to active reemployment, the
employee may re-enroll in coverage within 31 days of returning to work. |
|
SUS
Long Term Disability |
LTD
insurance is suspended when an employee begins active duty.
Reservists returning to active employment will not be required to
satisfy a new waiting period; their coverage will begin upon reemployment.
If an employee continues to pay premiums while on active duty,
claims for illnesses and diseases other than claims directly related to
hostilities will be dealt with on an individual basis with the company. |
|
Savings
Bonds |
Employee
may continue or cancel savings bonds deductions at any time.
If the deduction is canceled, the employee may re-enroll upon
returning to active employment. |
|
Deferred
Compensation |
Employee
may continue or cancel the biweekly salary reduction.
If canceled, the employee may re-enroll upon returning to active
employment. |
|
Tax
Sheltered Annuities |
Employee
may continue or cancel the biweekly salary reduction. If canceled, the
employee may re-enroll upon returning to active employment.
|
|
Leave
Accruals |
Employee
continues to accrue annual and sick leave hours based on the number of
hours in a paid status each pay period.
|
|
Holidays: |
While
on a military leave of absence, the employee is not eligible for holidays. |
Approval
of Leave
The
Uniformed Services Employment and Reemployment Rights Act provides protection
and rights of reinstatement to employees who participate in the National Guard
and Reserve. Faculty, A&P, and
USPS must be approved a military leave of absence for up to 5-years of
cumulative service for active military service.
OPS employees may be placed on a leave of absence through the end date of
the active appointment.
Power
of Attorney
When an
employee is ordered to active military duty, (s)he should notify his/her USF
supervisor of the name, address, and phone number of his/her power of attorney.
A power of attorney has the authority to assist with employment matters
and benefit options.
Appointment
and Pay
Upon
being notified that an employee is being or has been recalled to active military
duty, the employing department should submit an Appointment Status Form (ASF) to
Human Resources (HR) reflecting the begin date for the military leave of
absence. A copy of the military
order should be attached. The first
30 calendar days are with full pay and does not affect the employee’s annual
and/or sick leave balance(s). The remainder of the leave of absence is
without pay, unless the employee elects to use accrued annual, sick, and/or
compensatory leave intermittently to cover financial obligations.
In the remarks section of the ASF, add a statement describing the
transaction. This statement can
sometimes help clarify the department’s intent when submitting status forms.
Any questions regarding the completion of the ASF should be directed to
the Appointments Section in HR.
Each pay
period, certify the number of hours the employee is to be paid.
Any questions regarding the certification process or the payment of
premiums and deductions should be directed to the Payroll Office in Purchasing
and Financial Services.
Attach a
copy of the official military orders to the employee's department leave records.
The
employee or designee, who has power of attorney, should immediately contact the
Benefits Office in HR for guidance and information regarding the continuation or
cancellation of benefit plans. Benefits
may also need a copy of the military orders if health, life and pretax
reimbursement plans are canceled.
Employee
Responsibilities Summary
Departmental
Responsibilities Summary
Notification
to Sponsored Research
When
the employee who is ordered to active military duty is paid from Contracts and
Grants (C&G) in direct support of a grant, the employee's department should
advised Sponsored Research by providing that office with a copy of the military
orders, the formal written leave request to his/her supervisor, how many hours
of accrued and earned leave the employee will use after the first 30 calendar
days of military leave. This is necessary to determine the financial impact on
the grant. Insofar as possible, employees paid from C&G will receive the
same military leave benefits as those employees paid from other sources.
Continuation
or Cancellation of Benefit Plans
The
employee or power of attorney must elect the benefit plans that should continue
during the leave. The Benefits
Office should be consulted at the beginning of the military leave to discuss the
continuation or cancellation of benefit plans.
The employee’s designee should maintain contact with the Benefit’s
Office during the military leave in the event circumstances change and updates
to coverage must be made.
The
Payroll Office may be consulted for assistance with certifying pay each pay
period if the employee elects to use accrued annual, sick, or compensatory
leave, for ensuring premiums are deducted from pay, and/or for paying monthly
premiums by personal check or money order.
During
the first 30 calendar days of the military leave, the employee remains in full
pay status and premiums and other deductions continue to be deducted from the
employee's pay checks allowing insurances and other benefits to continue to be
in force.
Following
the first 30 calendar days, the employee may remain in pay status by using
accrued annual, sick, or compensatory leave intermittently each pay period to
cover financial obligations, or be placed on a leave without pay. The employee or the employee’s designee, should consider
the employee’s leave balances prior to requesting the number of leave hours to
be paid each pay period and the benefit plans being continued during the
military leave. If the
employee or designee elects to continue one or several benefits plans, the
premiums may either be deducted from the employee’s biweekly pay through the
use of accrued leave or compensatory leave, or may be paid by submitting a
personal check or money order directly to the Payroll Office.
Group
Health and Life Insurance: If
the employee remains in a pay status each pay period, the employee continues to
be eligible for the employer contributions for the state group health and/or
life insurance, and continues to pay the reduced premium amount.
If the employee is placed on a leave of absence without pay beginning the
31st calendar day, the employee may continue the state group health
and/or life insurance coverage, however, the total monthly premium (state
portion as well as the employee portion) must be paid directly through the
Payroll Office. Upon being returned
to a pay status or active reemployment, the reduced premium is reinstated.
Optional
Life Insurance: The
employee must elect to continue or cancel the coverage.
The premiums due may be paid through payroll deduction if employee
continues to receive pay or by submitting personal checks and/or money orders
directly to Payroll.
State
Life and Optional Life Insurance Benefits:
The
basic life insurance and optional life insurance both provide additional
coverage for accidental death and dismemberment, at no cost.
Regardless of the reason for the death, the basic and optional life
insurance will pay the beneficiary. However,
the additional coverage for accidental death and dismemberment is paid in the
event of an accident and will not be paid if death occurs due to war or any act
of war, declared or undeclared. Since
it is provided at no cost, it is not possible to cancel the accidental death and
dismemberment coverage and retain the basic life coverage.
An
employee that cancels an insurance coverage due to being called to active duty,
may reenroll in that same coverage if the employee returns to work no later than
ninety (90) calendar days after separation from military service, by submitting
an application to the employee’s agency personnel office within thirty-one
(31) calendar days after returning to work.
For such employees, any pre-existing condition provisions of any coverage
will not apply to those persons who were insured under the employee’s coverage
in effect at the time the employee was called to active duty.
Flexible
Spending Accounts (Reimbursement Accounts):
When
the military leave of absence is longer than 30 calendar days and the employee
has a medical or dependent day care flexible spending account (reimbursement
account), the employee may continue participation through payroll deduction if
in pay status, or paying the amounts due by personal check directly to the
Payroll Office. To cancel
participation, the employee must contact the Benefits Office.
Upon reemployment, the employee may re-enroll within 31 days of the
reemployment date.
Retirement:
During
the first 30 calendar days, retirement contributions are made to the employee's
retirement account. The employer’s retirement contribution continues to be
paid based on the gross salary received by the employee each pay period and will
cease when the employee goes into non-pay status. ORP participants should
contact the Benefits Office or their ORP representative if they wish to make a
change to the employee's contribution rate.
No
contributions are made to the employee's retirement account while the employee
is in a non-pay status. Upon reemployment, the Benefits Office will
require a copy of the discharge papers and request that the Division of
Retirement audit the employee’s retirement account to for contributions and
interest due. The maximum
cumulative time the University is required to contribute during a military leave
is five years provided the employee received an honorable discharge and was
reemployed by the University.
Tax
Sheltered Annuity [403(b) Plan]:
If the employee remains in a full or partial pay status, the employee/designee
must decide whether to continue or cancel the reduction.
The employee or designee should contact the TSA company representative to
discuss fund allocations.
State
Deferred Compensation Plan:
If the employee remains in a full or partial pay status, the employee/designee
must decide whether to continue or cancel the reduction.
To
make a change to the contributions going to a state deferred compensation plan
account, the employee or designee should contact the company representative or
the State Deferred Compensation office at 850-488-9815 (SC 278-9815).
Leave
Provisions:
An
employee who is called to active duty, voluntarily or involuntarily, must
immediately notify the supervisor. If the employee was orally called to active
duty prior to receiving official written orders, he/she should make arrangements
with family, friend, or power of attorney, to send a copy of the orders to the
supervisor upon receipt. A
copy of the order should be maintained in the employee's leave record file.
The
first 30 calendar days of the military leave of absence is with full pay with no
reduction to accrued leave or compensatory leave. After the 30 calendar
day period the employee may use accrued annual, sick, or compensatory leave to
remain in a pay status and will continue to accrue annual and/or sick leave
proportionate with the number of hours in pay status.
All
unused leave is retained for the employee and credited to his/her account upon
return to employment. For USPS
employees called to active duty who have an annual leave balance in excess of
240 hours on December 31 of each year, the excess hours are converted to the
employee's sick leave account. For
Faculty and A&P employees called to active duty who have an annual leave
balance in excess of 352 hours on December 31 of each year, the excess hours are
converted to the employee's sick leave account.
Members
of the sick leave pool may not request to use hours from the pool while on
military leave. While on military leave, though, an employee may make a
contribution to the sick leave pool to replenish hours when notified this is a
condition of continued membership in the pool and may make a donation of sick
leave to another employee by following the appropriate processes for Donation of
Sick Leave.
Return
to Reemployment from Active Military Duty
Upon
the employee’s return from the military leave, the employing department
completes and submits to HR an ASF reflecting the return date, and certifies the
correct number of pay hours for the pay period during which the employee
returns. A copy of the employee's discharge papers must be attached.
The employee must immediately contact the Benefits Office within Human
Resources to discuss reenrollment opportunities into Benefit plans and to ensure
the period of leave is properly credited to the employee’s retirement account.
A copy of the discharge papers may be required.
Death
If
the employee dies during the military leave, the designee should immediately
contact the Benefits Office for assistance and to discuss benefit options that
may be available to the surviving spouse, dependents, or beneficiary.
Return
to Attendance and Leave Table of Contents
Copyright
©2001 Human Resources, University
of South Florida
Direct
questions and comments to
jmyers@admin.usf.edu