Military Leave
Date Established: October 19, 2020
Date Last Updated: October 19, 2020
Purpose
The Uniformed Service Employment and Reemployment Rights Act of 1994 (“USERRA”) prohibits employers from discriminating against employees who fulfill non-career military obligations in the Uniformed Services. It also requires employers to provide a leave of absence to allow employees to perform military obligations. This policy provides military leaves as required by these and other laws and complies with the other relevant provisions of USERRA, other related regulations or as approved by the City of Ames.
Policy Statement
Accounting
Qualified employees will be granted up to 30 calendar days of military leave with pay each calendar year for the purpose of participating in active state or federal military service.
Military leave may not be carried over from one calendar year to the next; however, the annual 30 calendar days of military leave shall be available at the first of the year and may be used by an employee on a military duty assignment that is continuous from the end of one calendar year into the next.
Military leave shall be paid at the employee’s regular rate of pay in effect at the time of the employee’s military leave of absence.
For military leaves of absence less than 30 calendar days in duration, military leave shall cover only those days the employee is normally scheduled to work. For example, an employee who participates in annual training of two-weeks duration would be assessed military leave for the total number of the employee’s regularly scheduled work days included within that two-week period of time.
For employees who work on a shift system that enables the employee to perform military duty and to report to work on the same day, military leave shall be granted only for those scheduled work hours not worked, and shall be charged against the employees’ annual military leave entitlement on an hour-for-hour basis. This provision shall apply only to weekend drills or other brief assignments. Annual training, deployments, or other extended duty assignments shall be charged on a calendar-day basis if the assignment is for a period of 30 days or more.
Multiple, and/or consecutive short-term military duty assignments without calendar breaks or with calendar breaks which do not reasonably permit the employee in the interim to return to City duty or to be available for City duty if in a work assignment with an on-call status shall be considered as a single, uninterrupted period of Military Leave of Absence.
Military leave that exceeds the 30-day per calendar year allotment may be taken with pay if the employee utilizes accrued pre-approved personal vacation, personal holiday, and/or compensatory time.
Military leave that exceeds the 30-day per calendar year allotment may be taken without pay at the request of the employee. This option is guaranteed by the Uniformed Services Employment and Reemployment Rights Act of 1994 (Chapter 38, US Code).
A Payroll Change Form shall be prepared by the department to authorize each period of military leave of absence.
Records of military leave usage shall be maintained by the employee’s department.
Documentation
A schedule of the monthly “week-end drills” shall be presented to the supervisor by the employee as soon as it is released by the military organization. Schedules for drills and annual two-week training are normally set one year in advance; however, training dates are subject to change throughout a calendar year. The employee shall provide this information to the supervisor as soon as it is available.
The employee shall present orders from the military organization directing the employee to report for active duty service for any service other than the published weekend drills. Orders shall be presented as soon as possible prior to the requested leave.
It is the employee’s responsibility to provide and submit all necessary information (such as unit’s name, commander’s name and phone number, or letter verifying leave to his/her supervisor) in order to facilitate the leave processes.
Work Schedule
Where not in conflict with applicable collective bargaining agreements, the City reserves the right to set working days and hours such that participation in military leave activities can occur on the employee’s non-scheduled work days in order to maintain the maximum efficiency of a department. If this occurs, employees will not be charged with military leave on their regularly scheduled day(s) off.
Employees shall report for work at the beginning of the next regularly scheduled working period after expiration of the last calendar day necessary to travel from the place of training to the place of employment following release from military training, except as otherwise provided by the Uniformed Services Employment and Reemployment Rights Act of 1994.
Employee Status While Absent
Employees on active military duty will not forfeit any pay or benefits during the first 30 calendar days of military service in each calendar year. Seniority will continue to accrue during periods of military leave whether paid or unpaid.
Performance Evaluations
When an employee’s military leave is of such duration as to make a scheduled performance appraisal impractical, the evaluation may be postponed until the employee has returned to City employment for a period equivalent to the normal appraisal period.
Pay Adjustments
Employees on military leave will be eligible for any scheduled pay adjustments that would have occurred if they had not been on leave. Merit employees shall have their salaries adjusted by the amount of any general merit scale adjustment effective July 1. Any additional merit increase based on performance evaluation shall be determined following the employee’s first performance appraisal upon return to City service, and shall be retroactive to July 1.
Longevity Pay
Longevity payments will be paid to employees during military leave of absence.
Benefits
Health Insurance
Employees whose military service exceeds the 30-calendar day period shall be eligible to receive group health care coverage under COBRA provisions.
Long Term Disability Insurance
Long-term disability insurance is discontinued during periods of unpaid leave. Long-term disability insurance will be reinstated immediately upon an employee’s return to City service following unpaid military leave.
Life Insurance
Life insurance coverage will be continued for up to one month after the employee has been off work for unpaid military leave. Life insurance will be reinstated immediately upon an employee’s return to City service following unpaid military leave.
Vacation and Sick Leave
Vacation and sick leave will continue to accrue during periods of paid military leave of absence. During periods of unpaid leave, the employee’s vacation and sick leave balances will be frozen, and will be available upon the employee’s return to active City service. Should the employee elect not to return to active City service following a military leave of absence, accrued vacation will be paid at the rate of pay in effect at the time the employee was last in paid status. At the employee’s request, and with the approval of the City Manager, an employee commencing a military leave of more than 90 days may be paid in a lump sum for any or all accrued vacation leave.
Applicability
This policy applies to all City employees qualifying under the provisions of Chapter 29A.28 of the Code of Iowa other than those employed temporarily for six months or less. Included is any full-time employee who is a member of the National Guard, organized reserves, or any component of the military, naval, or air forces of the State of Iowa or the nation, or who may otherwise be inducted into the military service of the State of Iowa or of the United States, or who are members of the civil air patrol.
Contact Information
Human Resources Department
hr@cityofames.org
515-239-5199