Military Leave

Frequently Asked Questions

• Can a reservist use accrued annual time off or compensatory time while on active military leave?

  Yes. A reservist may request to use accrued annual time off or compensatory time (if applicable) to help cover payroll deductions while on military leave, subject to university approval. However, the combined total of any military pay supplement and accrued time off used may not exceed the employee’s regular rate of pay for that pay period.

  When accrued time off is used, the employee remains in a paid status and continues to receive benefits.

• Can a reservist use more time off than is strictly needed to cover payroll deductions?

  Yes. In recognition of the financial obligations associated with military service, a reservist may elect to use additional accrued time off, as long as the total pay received (military supplemental pay plus time off) does not exceed their regular rate of pay for the period. 

  Note: If a reservist requests to use accrued time off, the department determines whether compensatory time (if applicable) must be used before annual time off.

• Can excess annual time off be carried over if a reservist exceeds the maximum balance while on military leave?

  No. University procedures do not allow employees, including reservists on military leave, to carry over annual time off balances above the maximum limit. Any excess annual time off will be handled in accordance with standard payroll policies.

• Do employees continue to accrue time off while on active military duty?

  Yes. A reservist serving on active military duty continues to accrue annual time off and sick time off in accordance with the rules applicable to their position, regardless of whether the military leave is paid or unpaid.

  Final accruals are processed and confirmed once the employee returns to work and provides verification of completed military service.

• How does military leave affect a USPS employee who is in a probationary period?

  Military duty time may count toward completion of a probationary period. A University Support Personnel System (USPS) employee may attain regular status while on military leave.  If the probationary period requires hands‑on training or observation that could not occur due to military service, the employee may be required to complete the remaining probationary time after returning to work.

• How are performance evaluations handled while an employee is on military leave?

  An employee’s performance status does not change while on military leave. If the employee met expectations prior to taking leave, no performance evaluation is required during the leave period.

• Are employees eligible for pay increases while on military leave?

  Yes. Reservists on approved military leave are eligible for approved pay increases in accordance with university procedures. Pay increases are processed once the employee returns to work.

• Does a reservist receive 30 days of paid leave for each set of active‑duty orders?

  Yes, subject to eligibility requirements. When a reservist is ordered to active duty (excluding training), they may receive up to 30 calendar days of paid military leave per set of orders.

  To qualify for an additional 30 days of paid leave:

  • the employee must return to their regular work schedule for at least 30 calendar days between assignments, and

  • submit a new Military Leave Request in Workday or through HR Leave Administration for each set of orders.
• What happens if the military duty is ordered under an act of war?

  If duty is ordered under an act of war, the employee will receive full pay for any workdays and holidays that fall within the first 30 calendar days of military leave, unless the employee is already on an active‑duty assignment.

• Is a rest period or adjacent time off considered a return to work?

  No. Rest periods or time taken immediately before or after military leave do not count as returning to work. A return to work begins on the first day the employee reports back to their job.

• Are OPS employees eligible for military leave benefits?

  Other Personnel Services (OPS) employees may request time off for military duty obligations. However, OPS employees are not eligible for paid military leave or military supplements.

• How does the CREW Act impact USERRA?

  The CREW Act expands USERRA to include FEMA Reservists. Essentially, the passing of the CREW Act means that any Reservist deployed to a Stafford Act event cannot lose their outside employment due to their work with FEMA. They are also able to take time to train for such deployments. Additionally, they are protected from employment discrimination for being a Reservist.

• When should an employee notify the university of upcoming military duty?

  Employees must provide written or verbal notice prior to leaving for military duty, unless military necessity prevents advance notice. Written notification is strongly encouraged and should be provided to the supervisor whenever possible. Employees should be mindful of scheduling needs, request orders as early as possible, and provide notice throughout the calendar year as duty becomes known.

• What documentation is required for military leave?

  Employees should submit a copy of their military orders or related documentation to their supervisor and to HR Leave Administration.

  For active or inactive duty lasting more than 30 days, the employee must provide documentation upon return, such as:

  • DD‑214, 

  • Leave and Earnings Statement (LES), or 

  • other official documentation confirming service completion.
• What documentation is required if military service is extended?

  If an active‑duty assignment is extended, the employee (or their Power of Attorney, if necessary) must submit updated or revised military orders reflecting the new service dates.

• Is there a limit to how much military service an employee can perform and still retain reemployment rights?

  Yes. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers are generally required to support up to 5 years of cumulative military service.

  Certain types of service do not count toward the 5‑year limit, including:

  • weekend drills and inactive duty training,

  • annual training,

  • involuntary recall or retention on active duty,

  • service during war or national emergencies, and

  • specific training certified as necessary by the Secretary of the Service.
• Is a reservist required to find coverage for their work schedule while on military duty?

  No. The employee is responsible for providing timely notice of military duty but is not responsible for adjusting schedules or finding replacement coverage.

• Can an employee make up work hours missed due to military leave or drills?

  No. Employers are not required to allow employees to make up missed work time due to military service. Offering make‑up hours is optional and not required under USERRA.

• How soon must an employee return to work after a weekend drill?

  The employee must return at the start of their next regularly scheduled shift on the first workday after completing weekend drill, provided they have had at least an 8‑hour rest period, including time needed to travel home safely.

• What happens if an employee does not return to work on time?

  If an employee does not return as required, they are subject to the same personnel policies and procedures that apply to all employees.