Military Leave of Absence and Benefits

Layout for printing
Policy Number:
UW-5060
Old Policy Number:
16.12
Responsible Office:
Office of Human Resources

University Policy

Rationale/​Purpose:

This policy defines the parameters for eligibility and approval of military leaves of absence and military leave benefits for eligible UW-Madison employees.

Definitions:

Active Duty:

Federal Active Duty: Full-time duty in the active military service of the United States or any other category of persons designated by the President of the United States in time of war or national emergency. The term “active duty” includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Federal active duty does not include inactive duty for training or full-time National Guard duty by order of the governor. Mutually exclusive with active state service. For complete definition see 10 U.S.C. § 101 (d)(1).

State Active Duty: Full-time state duty in the national guard, or state defense force when activated, under an order of the governor or under an order otherwise issued by authority of law and includes travel to and from that duty. For complete definition see Wis. Stat. § 321.01(11).

Active Duty for Training: Full-time duty in the Armed Forces performed by Reserves for training purposes. Used for training members of the Reserve Components to provide trained units and qualified person to fill the needs of the Armed Forces in time of war or national emergency and such other times as the national security requires. The member is under orders that provide for return to non-active status when the period of active duty for training is completed. This includes annual training, special tours of active duty for training, school tours, and initial duty for training performed by non-prior service enlistees. The term does not include duty performed as a temporary member of the Coast Guard Reserve. For complete definition see 38 U.S.C. § 101 (22).

Basic Allowance for Housing: Allowance to offset the cost of housing when a member does not receive government-provided housing.  For complete definition see Basic Allowance for Housing.

Basic Pay: Fundamental component of military pay as indicated on the member’s Military Leave and Earning Statement (LES). A member's grade/rank and years of service determine the amount of basic pay received. For complete information see Basic Pay.

Department of Defense Form 214 (DD-214): Certificate of release or discharge from active duty.

Differential Pay: Amount an employee receives from UW-Madison when on eligible military leave; the employee’s pay from UW-Madison is higher than the employee’s military Basic Pay, or military Basic Pay and Basic Allowance for Housing (BAH) when applicable.

Inactive Duty Training: Per 38 U.S.C. § 101(23), authorized training performed by a reserve component member not on active duty or active duty for training and consisting of regularly scheduled unit training assemblies, additional training assemblies, or equivalent training periods (e.g., weekend training drill for Guard and Reserve members).

Military Leave and Earning Statement (LES): Monthly report of earnings, deductions, and leave balances provided to all military members.

Military Orders: Military orders within the uniformed services of the United States include the Army, Navy, Marine Corps, Air Force, Coast Guard, and the Reserves for each of these branches of the United States military, Army or Air National Guard, Public Health Service, National Oceanic and Atmospheric Administration Commissioned Corps, and any persons designated by the President of the United States in time of war or emergency. Service in the uniformed services includes performance of any of the following on a voluntary or involuntary basis: active duty; active duty for training; inactive duty for training; part-time or full-time; and absence from work for an examination to determine an individual's fitness for any of the above types of duty.

Qualifying Employee: Any employee who is ordered or inducted into active military service when they present corresponding military orders and request a military service leave of absence and may be eligible for military leave benefits.

Scope:

UW-Madison employees  ordered to military service including, but not limited to active duty, inactive duty, or annual training.

Policy:
  1. Military Leave of Absence
    1. UW-Madison acknowledges and follows federal and state laws regarding employee military leave protections. Employees are afforded the rights and protections provided by the federal Uniformed Services Employment and Reemployment Rights Act and the military leave provisions in Wis. Stat. § 230.35(3) and Wis. Stat. § 230.315.
    2. A qualifying employee is to be placed on an unpaid military leave of absence following employer notification and receipt of required documentation (e.g., military orders).
    3. The university will determine whether an employee is eligible for any related military leave benefits, including differential pay during the military leave of absence.
    4. An employee on a military leave of absence may be eligible for the Annual 30-Day and/or Four-Year Military Leave Benefit.
  2. Annual 30-Day Military Leave Benefit
    1. An employee who meets the following criteria is eligible for the 30-day military leave benefit:
      1. Is in an eligible appointment type (see Table 1)
      2. The employee is a member of the reserve component of the National Guard, the State Defense Force, or any other reserve component of the military forces of the United States.
      3. The employee is attending military school, annual field training or annual active duty for training, or any other state or federal tours of active duty, except extended active-duty service or service as a member of the active armed forces of the United States.
      4. Military duty is at least three continuous calendar days.
      5. The employee is on an approved military leave of absence from UW-Madison.
    2. Benefits and Pay
      1. The 30-day military leave benefit applies to the first 30 workdays of military leave each calendar year.
      2. If the employee’s UW-Madison pay is greater than the employee’s military Basic Pay, the employee will receive differential pay.
      3. Instead of taking an unpaid leave of absence, the employee may use accumulated leave, except sick leave. The use of accumulated leave may impact differential pay.
      4. If military Basic Pay is greater than UW-Madison pay, the employee has the option to take an unpaid military leave of absence or use accumulated leave, except sick leave.
      5. If any UW-Madison pay received is greater than the differential pay provided for in this policy, excluding accrued paid leave, the difference must be repaid by the employee upon return to work. The payment period shall not exceed the length of the military leave.
      6. The employee is eligible to maintain all UW-Madison employee benefits per the provisions listed in the Fringe Benefits section of this policy. 
  3. Four-Year Military Benefit
    1. An employee who meets the following criteria is eligible for the four-year military leave benefit:
      1. Is in an eligible appointment type (see Table 1)
      2. The employee is activated to serve on military duty in the U.S. Armed Forces for purposes other than training.
      3. On the date activated, the employee is either a member of the Wisconsin National Guard or a member of the reserve component of the U.S. Armed Forces or is recalled to active military duty from inactive reserve status.
      4. The employee is on an approved military leave of absence from UW-Madison.
    2. Benefits and Pay
      1. If the employee’s UW-Madison pay is greater than the sum of the employee’s military Basic Pay and Basic Allowance for Housing (BAH), the employee will receive differential pay.
      2. If the sum of military Basic Pay and BAH is greater than UW-Madison pay, the employee has the option to take an unpaid military leave of absence or use accumulated leave, except sick leave.
      3. If any UW-Madison pay received is greater than the differential pay provided for in this policy, excluding accrued paid leave, the difference must be repaid by the employee upon return to work. The payment period shall not exceed the length of the military leave.
      4. The employee is eligible to maintain all UW-Madison employee benefits per the provisions listed in the Fringe Benefits section of this policy.
  4. Ineligibility and Termination of Military Leave Benefits
    1. Inactive Military Service - An employee who is participating in inactive duty training, such as weekend drills, is not eligible for benefits under the 30-day or four-year military leave provisions.
      1. The employee may either take an unpaid leave of absence or use accrued paid leave, except sick leave, to remain on payroll.
      2. The employee is eligible to accrue vacation, sick leave, and legal holiday credits if an unpaid military leave is taken for inactive military service.
      3. The employee is eligible to maintain all UW-Madison employee benefits per the provisions listed in the Fringe Benefits section of this policy during inactive duty.
    2. Employees in Fixed-Term or Terminal Appointments
      1. Eligibility for 30-day or four-year military leave benefit ends when the employment contract ends unless the employee would have received another consecutive appointment if not on active military duty.
      2. If there is an established pattern of consecutive terminal appointments, the university must make a reasonable determination of whether the employee would have received another consecutive terminal appointment if they were not on active duty and, if possible, renew the appointment prior to the beginning of the military leave.
      3. In cases where the intent is not to renew the appointment in absence of military duty, the employee must be notified prior to reporting for active duty.
    3. Employees ineligible for the 30-day or four-year military leave benefit will still accrue WRS hours and paid leave.
    4. End of Military Leave
      1. Once the employee is formally released from military service, the military leave of absence ends.
      2. An employee who received the four-year military leave benefit can choose to take up to a 180-day personal leave before returning to work and will remain an employee of UW-Madison while on such leave. The employee may take the leave unpaid or may use accumulated paid leave earned before or during their prior military leave.
  5. Fringe Benefits
    1. An employee’s continuous service is considered uninterrupted during a military leave of absence.
    2. Accrual of UW-Madison Leave and Use
      1. An employee will not lose UW-Madison leave time because of military duty, and will continue to accrue vacation, sick leave, and legal holiday hours as if the employee were in regular pay status, unless the employee uses leave time for military duty.
      2. Upon returning to work, any unused accrued leave available to the employee prior to military activation plus the amount of accrued leave earned during the employee’s military leave will be available for use by the employee, including floating holidays.
      3. If a legal holiday falls during military leave:
        1. For an employee on a 30-day military leave, the employee is eligible for full UW-Madison pay within the 30 workdays, and it does not count as part of the 30-day leave.
        2. For an employee on a four-year military leave, the employee is eligible for full UW-Madison pay within the four years.
      4. The employee has two consecutive calendar years from the date the employee returns to work to use prior accrued leave balances.
      5. Usage and carryover of leave time earned after the employee returns to work is subject to the terms of the paid leave policies (e.g., UW-5051 Sick Leave, UW-5052 Vacation).
      6. When an employee is on military leave during a year in which they are eligible to either bank unused vacation or receive a cash payout of vacation, the employee must be given notice of their eligibility upon returning to work and given 30 calendar days to make their selection. See UW-5052 Vacation.
    3. Insurance
      1. An employee is eligible to maintain all employee insurance benefits while on military leave. Employee benefit premiums may be prepaid through payroll deduction in advance of the leave, during the leave if the employee is receiving differential pay, or through personal payment.
      2. If the employee is not eligible for differential pay or the amount of differential pay is not enough to allow for benefit deductions, the employee may elect to be paid additional earnings to maintain benefit deductions. Any pay received that is greater than the differential pay provided for in this policy must be repaid by the employee upon their return to work. The repayment period must not exceed the length of the military leave.
      3. The employee may elect to have benefits lapse during a military leave of absence and re-enroll in any lapsed benefits within 30 days of returning to work. The employee may enroll in any benefits that have open enrollments during military leave.
      4. The employee is eligible for the employer’s contribution towards all benefits during the entire military leave of absence, regardless of whether the leave is paid or unpaid.
      5. The employee must complete the Employee Benefit Checklist (UWS 47a) and Health Insurance Election for Military Personnel (ET-2350) forms prior to the start of their military leave to indicate what actions are to be taken relative to benefits during their military leave.
    4. Wisconsin Retirement System (WRS)
      1. While on an approved military leave of absence, either paid or unpaid, an employee is eligible to continue accruing WRS creditable service if:
        1. The employee notifies UW-Madison of the military leave; and
        2. Upon returning to work: 
          1. For military leave of 30 days or less, the employee provides a copy of their Military Leave and Earnings Statements (LES) showing the dates of duty; or
          2. For military leave of more than 30 days, the employee provides a copy of DD Form 214 (DD-214); and
        3. The employee does not separate from their military service with a disqualifying discharge or under other than honorable conditions; and
        4. The employee returns to work for UW-Madison.
      2. The employee must pay employee-required WRS contributions on any differential pay received while on a military leave of absence.
      3. If the military leave is partially or fully unpaid, the employee has the option to pay some, all, or none of the WRS contributions based on what the employee would have earned in absence of their military leave. UW-Madison will match the employee contributions. UW-Madison will also fund any additional obligations, including interest that would have accrued on the employee- and employer-required contributions once those contributions are made.
      4. If the employee elects to not pay the WRS contributions on what the employee’s full salary would have been while on military leave, the employee will still receive WRS service credit for the hours the employee would have worked during the military leave. The employee will not receive the associated earnings or employer-required WRS contributions.
      5. If an employee received differential pay or no pay during a military leave, UW- Madison must provide the employee with a USERRA Certification form (ET-4560) upon the employee’s return to work. Once the employee completes the form, the employer section of the form must be completed and remitted to the Department of Employee Trust Funds along with a copy of the DD-214 or the employee’s military orders if the DD-214 is not available.
  6. Re-Employment Rights
    1. Upon return from military leave, an employee has the right to return to the same or similar position that the employee had prior to the military leave unless a decision was made to terminate or non-renew an employee prior to the military leave.
    2. If an employee’s fixed terminal appointment ends during the military leave, there is no mandatory right back to the fixed terminal appointment under this policy.
    3. Employees will be afforded the rights and protections provided by the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
    4. An employee in a probationary period when a military leave begins is to be returned to that point in the probationary period upon return to work.
  7. Consequences for Non-Compliance
    An employee who fails to comply with the requirements of this policy may fail to secure all the benefits available to them pursuant to this policy.

 

Table 1
Appointment Type Annual 30-Day Benefit Four-Year Benefit
Academic Staff Renewable Yes Yes
Working in first terminal appointment with no intention of continued employment No Yes
Working in minimum of second consecutive terminal appointment Yes Yes
Employee in Training Post-Grad Trainee/1-7, Intern (non-physician),Research Intern, Research Associate -- Working in first terminal appointment with no intention of continued employment No No
Post-Grad Trainee/1-7, Intern (non-physician),Research Intern, Research Associate -- Working in minimum of second consecutive terminal appointment No Yes
Grad Intern/Trainee, Post Doc Fellow, Post Doc Trainee  No No
Faculty Yes Yes
Limited Appointee Yes Yes
Student Assistant Program/Project Assistant, Research Assistant, Teaching Assistant No Yes
Advanced Opportunity Fellow, Scholar, Trainee No No
Student Hourly No No
Temporary Employee No No
University Staff Ongoing Yes Yes
Initial Probationary Period No Yes
Fixed-Term Finite (never attained permanent status as University Staff or never held ongoing appointment at the university) No Yes
Fixed-Term Finite (attained permanent status as University Staff or previously held ongoing appointment with the university) Yes Yes
Back to Top
Related UW-Madison Policies:
External References:

Policy Administration

Approval Authority:
Vice Chancellor for Finance and Administration
Policy Manager:
Associate Vice Chancellor/Chief Human Resources Officer
Contact:
Employment Relations Director -- Megan Dzyuba, wr@ohr.wisc.edu, (608) 890-3663
Date Issued:
06-26-2015
Revised Dates:

04-05-2019

Retrieved:
07-26-2024 19:39:53