The purpose of this policy is to establish the University of Wisconsin-Madison’s (University) policy for approving a military leave of absence and to define military leave benefits for University employees.
The University follows and acknowledges federal and state laws regarding employee military leave protections. In addition to the military leave benefits outlined in this policy, University employees are also afforded the rights and protections provided by the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), Wis. Stat. § 230.35(3), which provides 30 work days of leave without loss of pay each calendar year for eligible military service, and Wis. Stat. § 230.315, which provides up to four years of military differential pay and leave benefits for employees called up for eligible military duty from a reserve status on or after January 1, 2003.
If an employee is eligible for the 4-year military leave benefit, differential pay is the employee’s University pay minus the sum of the employee’s military base pay and base military housing allowance (BAH).
This policy applies to qualifying employees who are ordered or inducted into active military service when they present corresponding military orders and request a military service leave.
All employees who are ordered or inducted into active military service, and who present their orders and request a military service leave, shall be placed on an unpaid military leave of absence. Once an employee is approved for a military leave of absence, the University must determine if the employee is eligible for any related military leave benefits, including differential pay.
An employee on an approved military leave of absence may also use accrued paid leave, except sick leave, to remain on payroll during all or part of the leave.
Eligibility for military leave benefits is based on the employee’s appointment type and type of military duty (see Section III: Eligibility). Employees on military leave may be eligible for one or both of the following military leave benefits:
In addition to the military leave benefits outlined in this policy, University employees are also afforded the rights and protections provided by the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
During the first 30 work days of an eligible military leave, an eligible employee shall receive differential pay if the employee’s University pay is greater than the employee’s military base pay. Any pay received that is greater than the differential pay provided for in this policy must be repaid by the employee upon return to work. The repayment period shall not exceed the length of the military leave If military pay is higher than University pay, the employee has the option to take an unpaid military leave of absence or use accumulated leave, except sick leave, to remain on payroll. An employee is eligible to maintain all benefits, accumulate paid leave, and earn Wisconsin Retirement System (WRS) service credit (if covered by the WRS)
The 30-day military leave benefit applies to the first 30 work days of military leave each calendar year. If a legal holiday falls within the 30 work day period, it does not count towards the 30 work days. The employee is eligible for full University pay for any legal holidays that fall within these 30 days.
During the 4-Year Military Leave Benefit, an eligible employee shall receive differential pay if the employee’s University pay is greater than the sum of the employee’s military base pay and base military housing allowance (BAH). If military pay is higher than University pay, the employee has the option to take an unpaid military leave of absence or use accumulated leave, except sick leave, to remain on payroll. An employee is eligible to maintain all benefits, accumulate paid leave, and earn WRS service credit (if covered by the WRS).
Appointment Type | 30-Day Benefit | 4-Year Benefit |
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University Staff – ongoing | Yes | Yes |
University Staff during Initial Probationary Period | No | Yes |
University Staff – fixed-term finite (never attained permanent status as University Staff or never held ongoing appointment at the University) | No | Yes |
University Staff-fixed-term finite (attained permanent status as University Staff or previously held ongoing appointment with the University) | Yes | Yes |
Temporary Employee | No | No |
Limited Appointee | Yes | Yes |
Faculty | Yes | Yes |
Academic Staff – renewable | Yes | Yes |
Academic Staff – working in 1st terminal appt w/ no intention of continued employment | No | Yes |
Academic Staff – working in minimum of 2nd consecutive terminal appointment | Yes | Yes |
Student Assistant – Teaching Asst, Project/Program Asst, Research Asst | No | Yes |
Student Assistant – Adv Opp Fellow, Scholar, Trainee | No | No |
Employee inTraining (Post-Grad Trainee/1-7, Intern (non-physician), Research Intern, Research Associate) working in 1st terminal appt w/ no intention of continued employment | No | No |
Employees in Training (Post-Grad Trainee/1-7, Intern (non-physician), Research Intern, Research Associate) working in a minimum of 2nd consecutive terminal appointment | No | Yes |
Employees in Training- Grad Intern/Trainee, Post Doc Fellow, Post Doc Trainee | No | No |
Student Hourly | No | No |
Eligibility for military leave benefits ends when the employment contract ends unless the employee would have received another consecutive appointment if not on active military duty. If there is an established pattern of consecutive terminal appointments, the employer should make a reasonable determination of whether the employee would have received another consecutive terminal appointment if he or she were not on active duty and, if possible, renew the appointments prior to the beginning of the military leave.
In cases where the intent is not to renew the appointment in absence of the military duty, incumbents should be notified prior to reporting for active duty.
If an employee is eligible for any military leave benefits per this policy, and the employee meets all the following criteria, the employee is eligible for the 30-day military leave benefit if:
If an employee is eligible for any military leave benefits per this policy, and the employee meets all the following criteria, the employee is eligible for the 4-year military leave benefit:
An employee whose military service is listed as “inactive” on his or her military orders is not eligible for benefits under the 30-day or 4-year military provisions. Employees on inactive military duty are not eligible for any paid military leave benefits. Such an employee does have the option to take either an unpaid leave of absence or use accrued paid leave, except sick leave, to remain on payroll in this situation.
The employee is eligible to accrue vacation, sick leave and legal holiday credits if an unpaid military leave is taken for inactive military service. An employee is eligible to maintain all benefits during inactive duty per the provisions in Section F: Employee Benefits of this policy.
An employee may be ineligible for certain university leave while on a Military leave of absence.
If an employee is eligible for the 30-day and/or 4-year military leave benefit or if the employee is on military leave due to “inactive” military service, the employee will continue to accrue vacation, sick leave and legal holiday hours as if the employee were in regular pay status.
An employee is eligible to maintain all employee benefits while on a military leave of absence. 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).
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 in order 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 return to work. The repayment period shall not exceed the length of the military leave.
The employee may also 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 also enroll in any benefits that have open enrollments during the military leave.
The employee is eligible for the employer contribution towards all benefits during the entire military leave of absence, regardless of whether the leave is paid or unpaid.
The employee should complete an Employee Benefit Checklist (UWS 47a) and Health Insurance Election for Military Personnel (ET-2350) form prior to the start of the leave to indicate what actions should be taken relative to benefits during the military leave.
While on an approved military leave of absence, either paid or unpaid, the employee is eligible to continue to accrue WRS service credits. The employee will receive WRS service credit while on military leave of absence if:
The employee is required to pay employee-required WRS contributions on any differential pay received while on a military leave of absence. 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 the military leave. The University will match the employee contributions. The University will also fund any additional obligations, including interest that would have accrued on the employee- and employer-required contributions, once those contributions are made.
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 but the employee will not receive the associated earnings or employer-required WRS contributions.
If an employee received differential pay or no pay during a military leave, the University 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 University must complete the employer section of the form and remit it 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.
An employee’s continuous service is considered uninterrupted during a military leave of absence.
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 has been made to terminate or non-renew an employee prior to the military leave. 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. Employees will be afforded the rights and protections provided by the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
An employee in a probationary period when the military leave began should be returned to that point in the probationary period upon return to work.
A school, college, and/or division that fails to comply with the requirements of this policy may be in violation of federal or state law and/or may negatively impact benefits of employees. An employee who fails to comply with the requirements of this policy, may fail to secure all of the benefits available to them pursuant to this policy.
No agent or employee of the State shall discriminate against any State employee or applicant for State employment because of their membership, application for membership, performance of service, application for service or obligation for service in the Uniformed Services.
Office of Human Resources (OHR) |
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Deans and Directors |
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College/School/Division HR |
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Supervisor |
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Uniformed Services Employment and Reemployment Rights Act (USERRA).
USERRA Certification form (ET-4560)
Military Service and Your WRS Benefits (Department of Employee Trust Funds)
Health Insurance Election for Military Service Personnel ET-2350 (ETF)
Employee Benefit Check-List Upon Activation for Military Service (UWS 47a)
04-05-2019