Military Uniformed Services Rights

A military leave of absence will be granted to all employees who are absent from work because of their service in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and applicable Spelman College policy. Advance notice of military service is required unless military necessity prevents such notice or it is otherwise impossible or unreasonable.

All leave of absence requests must be presented in writing (or verbally followed by a written request) to the employee’s supervisor at least thirty days prior to departure for uniformed service, if practicable. Upon receipt of an employee’s request for leave, the employee’s supervisor will forward the information promptly to the Office of Human Resources for final approval. The employee must submit active duty orders to the Office of Human Resources immediately upon receipt from the military.

In each calendar year, employees will receive partial pay for military training assignments or exercises or other military leaves of absence of two weeks or less in duration (individually or in the aggregate), but only if the military pay received is less than the employee’s regular Spelman base pay during any such period of military absence. Upon presentation of satisfactory military pay verification data, employees will be paid the difference between their normal base compensation and the pay (excluding expense pay) received from the military while on duty. To receive partial pay from Spelman, the employee must submit to the Office of Human Resources a copy of his or her military Leave and Earnings Statement (LES) detailing the amount the employee was paid during any such military training assignment or exercise or other military leave of absence.

The portion of any military training assignments or exercises or other military leaves of absence in excess of two weeks in duration in each calendar year (individually or in the aggregate) will be unpaid by Spelman. However, employees may use any available vacation time off with pay or sick pay for the unpaid portion of any such military training assignment or exercise or other military leave of absence.

Continuation of health and other benefits is available to employees on military leave as required by USERRA based on the length of the leave and subject to the terms, conditions, and limitations of the applicable Spelman benefit plans for which the employee is otherwise eligible. During a military leave of absence, employees must make arrangements with the Office of Human Resources to pay the monthly premium contribution(s) for their own and any dependent coverage for the applicable Spelman College health or other benefit plans; failure to do so may result in the lapse of such coverage.

Vacation time off with pay, sick leave, and holiday pay benefits will continue to accrue during a military leave of absence.

Employees on military leave for up to thirty days are required to return to work for the first regularly scheduled shift after the end of military service (allowing reasonable travel time). Employees on military leave between thirty-one and one hundred and eighty days are required to return to work within fourteen days from the end of military service. Employees who serve more than one hundred and eighty days must return to work within ninety days from the end of military service. Employees on military leave for longer than a period of thirty days must apply for reinstatement upon their return from military service in accordance with USERRA, Georgia law, and applicable Spelman College policy.

In accordance with USERRA, employees returning from a military leave of absence will be placed in the position they would have attained had they remained continuously employed Spelman during the period of military leave or a comparable position depending on the length of military service. Employees returning from a military leave of absence will be treated as though they were continuously employed for purposes of determining applicable benefits based on length of service.

Contact the Office of Human Resources for more information or questions about military leave.

Policy No.  605