This policy is under review. Learn more about business process changes involving leave policies at Workday@UT or on the Human Resources Time Off & Leave website.

Handbook of Operating Procedures 5-4430

Military Leave

The University of Texas at Austin

Executive Sponsor: Senior Vice President and Chief Financial Officer
Policy Owner: Assoc. Vice President for Human Resources
February 4, 2002

Section I. General Policy Guidelines

1. Policy Statement

The University of Texas at Austin provides various types of military leave to employees who are members of the state military forces, the United States Armed Forces reserve components, or the United States Armed Forces as provided by state and federal law.

2. Scope

This policy applies to all employees except for temporary employees. Students employed in positions that require student status as a condition of employment are not covered by this policy.

Section II. Paid Annual Military Leave

1. Applicability

Eligible employees, who are members of the state military forces or the United States Armed Forces reserve components, engaged in authorized training or duty are entitled up to fifteen (15) business days of paid military leave in a federal fiscal year (October 1 - September 30) without loss of annual leave or salary.

2. Coordination with Other Leave

After exhausting the fifteen (15) business days of annual military leave, the employee may use accrued and available annual leave or be placed on leave without pay status (or a combination of the two) for the remainder of the military duty period.

3. Supervisor Responsibility

The supervisor shall adjust the eligible employee's work schedule so that two (2) days off each month coincide with two (2) days of military duty to be performed by the employee.

Section III. Texas National Guard Paid Leave

A. Applicability

Eligible employees, who are members of the Texas National Guard called to active duty by the Governor because of an emergency, will be placed on paid administrative leave of absence. Being on such status will not result in the loss of paid annual military leave or annual leave.

Section IV. Unpaid Extended Military Leave

1. Applicability

After exhausting the fifteen (15) business days of paid annual military leave, eligible employees are entitled to unpaid extended military leave under the following conditions:

• As members of the United States Armed Forces reserve components called to active duty during a national emergency or
• As members of the state military forces, the United States Armed Forces reserve components, or the United States Armed Forces leaving a University position to enter active military service.

2. Insurance Benefits

1. University Medical and Dental Insurance. Employees who become active members of the armed forces may continue coverage for themselves in University health plans for up to either (a) eighteen months, or (b) the day after the date the employee is required to apply for reemployment with the University after discharge from military service, whichever time period is shorter. Employees who become active members of the armed forces may continue coverage for their dependents. If the employee does not elect to maintain coverage and coverage under the plans is terminated by reason of the employee's military service, then, upon reemployment with the University, coverage will be reinstated without medical examination, and without an exclusion or waiting period, provided the employee makes application within ninety (90) days upon return to employment.

2. Group Life, Disability and Accident Insurance. Group life, disability, and accident insurance may be continued during the employee's extended military leave. Due to the war exclusions set forth in the disability and accident coverages, some employees may elect not to continue group life, disability and accident insurance coverage during active military duty and to reinstate their coverage upon return to employment. Group life and disability insurance may be reinstated without an exclusion or waiting period and without a medical examination, provided the employee makes application within ninety (90) days of return to employment. No medical examination is required for group accident coverage.

3. Insurance Elections. A person who wishes to elect continued insurance coverage during the extended military leave must obtain the appropriate forms from Human Resources.

4. Premium Payments. A person electing coverage during the extended military leave shall pay the full premium amount directly to the University.

5. Non-payment of Premiums by Employee. If the employee fails to pay the insurance premium by the due date, the University shall cancel the employee's insurance coverage at the end of the last month for which a complete payment is made.

3. Concurrent Use of Other Paid Leave

An employee may take accrued annual leave prior to the date extended military leave begins.

4. Annual Leave, Sick Leave, and State Service

Annual leave and sick leave accrued prior to the extended military leave is frozen, to be held for the employee until return to employment. The employee does not accrue annual leave or sick leave while on leave.

The employee accrues state service credit while on extended military leave.

5. Retirement Benefits

An employee who returns to employment with the University after a period of active military service in accordance with this policy is referred to in this Section IV.E. as a Returning Employee.

For all purposes related to a Returning Employee's retirement benefits, a Returning Employee will be treated as not having incurred a break in service with the University by reason of their period of active military service.

At any time after a Returning Employee returns to employment with the University, for purposes of determining whether retirement benefits are vested or are forfeited, the period of active duty military service served by the Returning Employee will be counted as service with the University.

At any time after a Returning Employee returns to employment with the University, for purposes of determining the accrual of retirement benefits, the period of active duty military service served by the Returning Employee will be counted as service with the University.

If a Returning Employee's accrued retirement benefits are contingent upon the making of, or are derived from, the Returning Employee's contributions or elective deferrals to the retirement plan, the Returning Employee is entitled to those accrued retirement benefits only to the extent that the Returning Employee makes payments to the retirement plan. A Returning Employee will be allowed to make up payments to the retirement plan missed as a result of active military service after returning to employment, but only during the time period that begins upon the date of their reemployment and is equal to the shorter of (a) a period three times the length of the employee's period of active duty military service, or (b) five years.

The University will be liable to a retirement plan in which a Returning Employee participates for funding any obligation to provide benefits to the Returning Employee. The University will allocate the amount of the University's contribution to the plan for the Returning Employee in the same manner and to the same extent the allocation occurs for other employees during the Returning Employee's period of active duty military service. When the contribution to the retirement plan is contingent upon an employee's pay rate, the University will compute the payment to the plan at the rate the Returning Employee would have received during the relevant time period but for the employee's military service.

6. Restoration to Employment

When honorably or generally discharged, separated, or released from active military service within five (5) years from the date of enlistment or call to active service, the former employee shall be restored to employment as outlined below:

• The position the employee would have had if their continuous service with the University had not been interrupted by entering active military service, provided they are qualified for the position or can be qualified for the position with reasonable efforts. If the employee is not qualified for the position they would have had and cannot be qualified by reasonable efforts, the employee will be placed into the same position the employee held at the time they entered active military service, or

• If the employee is not qualified to perform the duties of the position they would have had but for their military service by reason of disability sustained during military service but is able to perform other duties, the employee will be placed in a position for which the employee is qualified that most nearly approximates in status, pay and benefits the position they would have had but for their military service.

The employee must make written application for such restoration within ninety (90) days after discharge or release from active federal or state military service and must attach to the application evidences of discharge, separation or release from such military service under general or honorable conditions.

Any employee who is restored to a position upon returning from military service is considered to have been on leave of absence during the federal or state military service, and shall not be discharged from such position without cause within one (1) year after such restoration.

Section V. Responsibilities and Delegation

1. Employee Responsibilities

The employee must notify the supervisor of the call to military service as soon as the information is known. The employee must provide the supervisor a copy of the orders authorizing such military service or some other acceptable certification from the proper military authority. The employee shall promptly and accurately record the use of leave.

2. Supervisor and Department Responsibilities

The supervisor must verify that the employee has accurately recorded the leave and sign the time report. The department shall maintain the monthly Report of Vacation and Sick Leave of all employees who take annual leave during military leave.

The department shall place the employee on extended military leave without pay status when applicable. If an employee is restored to employment, the department shall place the employee on active employment status.

3. Delegation of Authority

Authority is hereby delegated to the Associate Vice President for Human Resources, or designee, to determine military leave eligibility and approve use of leave.

For Assistance: Questions regarding military leave should be directed to Human Resources, Benefits Services Section, or to the website: http://www.utexas.edu/hr.

Electronic time sheet website: https://utdirect.utexas.edu/pntime.

Source: Soldiers' and Sailors' Civil Relief Act of 1940; The Uniformed Services Employment and Reemployment Rights Acts, Title 38 U.S.C., Sections 4301-4333; Texas Government Code, Sections, 613.001-613.023, 658.008, 661.903-661.904; Board of Regents' Rules and Regulations, Rule 30201 

Previously HOP 9.96; PM 7.105; HOP 7.F.9