Human Resources Policy Manual

<<  Section 18: Military Leave

  1. Introduction
  2. Eligibility
  3. Unpaid Military Leave
  4. Employee Notice of Need for Leave
  5. Employee Reinstatement Rights
  6. Compensation and Length of Service
  7. Substituting Paid Vacation Leave
  8. Non-Discrimination

  1. Introduction

    1. Johns Hopkins University provides military leave to eligible employees consistent with the requirements of state and federal law including, but not limited to, the Uniformed Services Employment and Re-Employment Rights Act (USERRA) 38 U.S.C. Section 4301 et. seq.

      Insofar as issues arise that are not addressed in this policy, the University will abide by USERRA and any controlling state law. Human Resources should be consulted whenever an employee requests or prepares to return from military leave.


  2. Eligibility

    1. All regular, full-time and part-time employees are eligible for military leave. Temporary, limited and casual employees are not eligible for military leave

    2. Military leave will be granted for voluntary or involuntary service in the Army, Air Force, Navy, Marines, the Army National Guard, and the Air National Guard when engaged in active duty for training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of service designated by the President of the United States in time of war or national emergency.

    3. Military leave will be granted to those who serve as an intermittent disaster-response appointee upon activation of the National Disaster Medical System (NDMS) or as a participant in an authorized training program in support of their Federal mission.


  3. Unpaid Military Leave

    1. Upon expiration of pay and benefits, the individual will be placed on a leave without pay and will be eligible to continue benefits on the same basis afforded individuals on a leave of absence without pay.


  4. Employee Notice of Need for Leave

    1. All employees should, if possible, request military leave in advance and in writing. However, military leave will not be denied if an employee gives at least verbal notice to his/her department. Further, no notice is necessary where circumstances make giving notice impossible or unreasonable or giving notice is precluded by military necessity. Employees should also provide to their departments a copy of their official orders to report for military leave.


  5. Employee Reinstatement Rights

    1. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, an employee is entitled to reemployment by the University to his or her former position or a comparable position. The University may terminate any employee who is not eligible to be reinstated under this policy. Eligibility for reinstatement upon separation from military service is required when the employee:

      • Was honorably discharged or terminated from service;
      • Was employed in a position for which there was an expectation of continued employment;
      • Has not been absent for duty in the Uniformed Services for longer than a cumulative period of five years unless involuntarily retained in the Uniformed Service; and,
      • Reported to work or notified his or her supervisor of an intention to return to work, at the proper time, as indicated in the following table:

      Period of Service Action Employee Must Take When Action Must Be Taken After Completion of Service
      1-30 days Report to work On the next regular work day
      31-180 days Notify his or her supervisor of the employee's intent to return to work Within 14 days
      181+ days Notify his or her supervisor of the employee's intent to return to work Within 90 days

  6. Compensation and Length of Service

    1. An employee eligible for reinstatement following military leave will receive any across-the-board compensation adjustments that s/he would have received if s/he had not been on leave. If a compensation increase is tied to skill, ability, or the qualifications of an employee and the employee's department determines that the employee's skill and performance upon returning to work measure up to those of other employees who have received merit increases, the employee will be given an increase.

    2. An employee's length of service will accrue during military leave.


  7. Substituting Paid Vacation Leave

    1. Employees will be permitted to use accrued, unused paid vacation leave during unpaid military leave. The University, however, may not require employees to use accrued, unused paid leave during unpaid military leave.


  8. Non-Discrimination

    1. The University prohibits discrimination against any individual who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service.