4.58 Military Leave

Purpose

This policy is intended to inform eligible employees, including faculty, staff, student employees, and graduate assistants, who are members of the military of their rights in the event they are called to active duty.

Policy Statement

In accordance with Iowa law, all university employees, other than those employed temporarily for six months or less, who are ordered by proper authority to state active duty, national guard duty, or federal active duty or when performing a civil air patrol mission shall be entitled to a Military Leave for the period of state active duty, national guard duty, federal active duty, or civil air patrol duty. Military leave also applies to a leave of absence by a member of the national disaster medical system of the United States when activated for federal service with the system.

The University will continue to pay an employee taking Military Leave the employee’s regular compensation for the first 30 calendar days of such leave. In the event the Military Leave is less than 30 calendar days, the University will pay the employee for any actual work days missed during such leave. If the Military Leave lasts more than 30 calendar days, the employee may use any accrued vacation or compensatory time to remain in paid status, otherwise such leave is unpaid after 30 calendar days.

Upon return from a Military Leave, the employee shall be entitled to return to the position the employee held upon commencement of the Military Leave or to the position the employee would have been entitled to if the continuous service of the employee had not been interrupted by Military Leave. The University is committed to ensuring that employees returning from a Military Leave receive all resources, such as training, necessary to complete a successful return to their University position. In addition, upon the employee’s return from Military Leave, the University will make any contributions to the employee’s retirement plan to the extent required by law.   

An employee who is on a Military Leave and who is covered by university health insurance will retain the applicable health insurance coverage for the first 31 calendar days of such leave. Such an employee on a Military Leave that extends beyond 31 calendar days may elect to continue health insurance benefits for up to 24 months; however, the employee may be required to pay up to 102 percent of the full premiums for such coverage.

The Family and Medical Leave Act (FMLA) provides eligible employees leave for the following qualifying events:

Military Caregiver Leave:  Eligible employees who are a spouse, son, daughter, parent, or next of kin of a covered service member may qualify for up to a total of 26 workweeks of unpaid leave during a single 12 month period to care for the service member with serious injury or illness incurred while on active duty.

Qualifying Exigency Leave:  Eligible employees will be granted up to 12 workweeks of unpaid leave for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is a member of the National Guard or Reserves and is on active duty or has been notified of an impending call or order to active duty, in support of a contingency operation.

The University is committed to complying with all rules and regulations relating to Military Leave, including the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Iowa Code 29A.28. The University prohibits discrimination or retaliation against an employee who has requested or taken a military leave. 

Procedure

Employees should provide advance notice of all military duty to Human Resource Services, unless giving such notice is prevented by the military necessity or is otherwise impossible or unreasonable under the circumstances.