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Military Leave

HROG Section:
Work/Life Benefits
Document Title:
Military Leave
Initial Date Posted:
March 5, 2003, with approval from the CCAB effective March 3, 2003
Board Approval:
Applies To:
Source:
Related TASB Policy:
DEC (regulations)
Last Date Revised:

Purpose

To facilitate compliance with federal and state law and DCCCD guidelines related to active military service

Background

In the event that the DCCCD may have employees who will be affected by the engagement of active military service, the District is compliant with the Uniform Services Employment and Re-employment Rights Act of 1994 (USERRA), and benefit-eligible employees shall be entitled to certain reemployment rights and benefits. See DEC (regulation) in the DCCCD Policies and Procedures for official language.

Definitions

Eligibility

This policy applies to all employees, regardless of their status (i.e., full-time, and part-time).

This policy does not apply to positions designated as "temporary."

Procedures

An employee must present their military orders to their immediate supervisor and location human resources office in advance.

The employee may be granted a leave of absence from their duties without loss of time, vacation days or salary, not to exceed 15 days in a federal fiscal year (defined as Oct. 1 through Sept. 30).

If an employee is relieved of duty during or immediately following the 15-day period and returns to work, the employee is restored to the position held before being ordered to active military duty.

Employees who are engaged in military service for a continuous period that does not exceed five years have a 90-day window of opportunity to submit an application for reemployment to the location college president. The application must include evidence of the employee's discharge under honorable conditions. Exclusions may apply if the college district has changed making reemployment impossible or unreasonable, or if reemployment causes an undue hardship on the college district, or if there had not been any reasonable expectation that employment would have continued indefinitely or for a significant period.

Upon return to work, sick leave balances will be reinstated.

Satisfying all the conditions above, the employee is entitled to be reemployed by the location in the same benefits-eligible position held at the time of induction, with the same base salary, with no time loss under the conditions of years of service or benefits. Additionally, when an employee is called into active long-term military duty, earned but unused vacation, shall be compensated to the employee at his/her daily rate of compensation not to exceed the earning of the maximum accruals set forth in District policy.

Employee Responsibility

HR Responsibility

District Human Resources Responsibility:

  • To update and maintain policy and related procedures.
  • To authorize vacation leave payoff.
  • To present reinstatement requests to the board per policy.

Location Human Resources Responsibilities:

  • To review and validate requested leave. 
  • To perform necessary input and request leave payoff as necessary.
  • To facilitate return of employee to active employment.

Exceptions To Policy

Other Notes

Approval: Location Human Resources approval required.