Section: 4-Staff

Policy No: 24

Approved: 10/27/95



In compliance with Utah Militia and Armories Law, Section 39-3-1, and Reemployment Rights for Returned Veterans Law, an employee in a probationary or regular status, is entitled to military leave.

24.1 National Guard/Reserve Training Service

24.1.1 All employees who become members of the organized reserve shall be allowed to serve not in excess of 15 days per year on duty in connection with reserve training. Employees doing reserve training will do so without loss of pay or vacation leave, unless in excess of 15 days. An employee may not claim time off to compensate for state-designated legal holidays or holidays which occur during the employee's absence while in a military leave status. All benefits will be continued by the College for the period of the employee's absence.

24.2 Active Duty

24.2.1 An employee who is a member of the National Guard or a reserve unit and is called to active duty will be granted leave without pay for the period of active service. The employee must submit, in advance, copies of orders for military duty or training to the appropriate supervisor.

24.2.2 Employees called to active duty will be granted leave without pay for the period of active service. Health, Dental, Long Term Disability, Accidental Death & Dismemberment, and Life Insurance benefits will cease for employees and their dependents the day the last College pay check is issued. The employee may choose to continue COBRA coverage at his own expense for Health, Dental and Term Life Insurance. Guard/reserve members and dependents will have medical coverage through the military.

24.3 Return to College Employment

24.3.1 The employee will be permitted to return to his/her former position provided after his/her discharge or release from active duty s/he meets the basic eligibility criteria. S/he must hold an "other than temporary" position with the College. S/he must leave the College for the purpose of going on active duty. S/he must not remain on active duty longer than five years, unless the period beyond five years (up to an additional year) is "at the request and for the convenience of the Federal Government." S/he must be discharged or released from active duty "under honorable conditions." S/he must apply for reemployment with the College within 90 days after separation from active duty. A service member who has a disability incurred or aggravated during service is given priority treatment in securing his/her previous position (provided he/she still is qualified for the position).

24.3.2 All pay and benefits will be reinstated as if there had been no break in service without proof of insurability or pre-existing condition requirements.

24.4 An employee who serves in the military is eligible for retirement credit under a defined benefit plan.

24.4.1 Contributions must be made during the period of service, or

24.4.2 A contribution adjustment, including interest, must be made subsequent to service.

24.4.3 For purposes of computing the required contributions due the Utah Retirement Systems, the employee's compensation during the period in which military service was performed would be computed at the pay rate the employee would have received had s/he not been in military service.

24.4.4 Retirement contributions will not be required for employees enrolled under a non defined benefit plan (ie: ESOPs, money purchase plans and 401k plans).

24.4.5 If the employee does not return to employment with the employer, the Retirement Office will refund, to the employer, the contributions made to the Utah Retirement Plan. Contributions made to a defined contribution plan (401k/457) will not be refundable.