Military Leave

The contract addresses military leave in the two articles sited below:

(Paid) Short-term Military Leave
Article XIII.C.4.b

Any member of the bargaining unit required to perform unexpected military obligations during his/her regular University assignment (not including persons inducted into military service under the selective service laws or in attendance at regularly scheduled military reserve or National Guard training programs, including summer training camps) shall be granted short-term military leave not exceeding thirty days. 

Such a person shall receive compensation from the University equal to the difference between his/her regular University compensation and the amount received by the member for military service, and the University shall continue to pay the normal University subsidy of fringe benefits even though the bargaining-unit member may not be eligible for life insurance, medical insurance, or disability insurance while on military leave.

Military Leave (Compliance with State and Federal Law) Article XIII.A.2

The University agrees to comply with the federal and state Veterans Employment Acts.

Rights and Protections under USERRA Law
Under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), an employer must give employee a military leave of absence of up to five years. All employees are eligible for this military leave; the law does not specify any employment period for eligibility. In addition, an employer ordinarily must reinstate the veteran to the position s/he would have held if his/her employment had not been interrupted by military service. Employees who take a military leave of absence also are entitled to: (1) retain and accrue benefits tied to seniority; (2) elect and pay for continued health care coverage; and (3) participate during the leave in insurance and other benefits not determined by seniority to the same extent as employees granted other types of leave.

In order to be eligible for reinstatement, the returning veteran must notify the pre-service employer that he intends to return to employment once military service is completed. The length of time that the veteran has to contact the employer regarding reemployment depends on the length of the service. For example, if the employee’s military service lasts for more than 180 days, the returning veteran must apply for reemployment within 90 days of the end of the service. However, if he serves 30 days or less, the returning veteran must report on the first full regularly scheduled work period on the first full calendar day following completion of the service plus eight hours.

The USERRA also protects returning veterans from discharge without cause for a period of time after reemployment. For example, if the returning veteran’s military service lasted between 31 and 180 days, the veteran may not be terminated without cause for 180 days after the date of reemployment. If the veteran’s service was more than 180 days, this protection applies for one year after reemployment. Employees with less than 31 days of service do not have protection against discharge without cause, but like other returning veterans, they are protected from discrimination based on military service or a continuing service obligation.

This article is not intended as legal advice. Readers are encouraged to seek appropriate legal or other professional advice.

For further information on legal rights related to military leave go to: http://www.esgr.org/userrafaq.asp

AAUP-AFT, Local 6075 - 5057 Woodward Avenue - Suite 3301 - Detroit, Michigan 48202-4050 - Phone: (313) 577-1750 / Fax: (313) 577-8159