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Information for Members of Reserve and National Guard Units
OR
Employees Who Intend to Enlist in a Branch of the United States Armed Forces

Contents

• Military Leave of Absence Information
• Related University Policies
• Contact Information
• Extended Leave of Absence Form
• Reporting Back to Work
• USERRA Information
• Military Differential Pay Information
• Military Differential Pay Form

Military Leave of Absence Information

Because members of reserve and National Guard units may be placed on active duty, we anticipate that University of Arizona employees who are members of reserve and National Guard units will have many questions. If you are a regular, benefits-eligible University employee (not employed in a temporary or "brief or non-recurrent position" with no reasonable expectation of continuing employment), and have been told you are going on active duty status or you anticipate you may be called to active duty, taking the following steps will ensure that your temporary exit from the University is a smooth one, and that you preserve your rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This information is applicable to active duty status only; information about military training duty may be found in Policy 208.0 (Classified Staff) or Policy 8.04.03 (Appointed Personnel).

1. Advise your department head, manager, and/or immediate supervisor as soon as you are notified that you have been called to active duty or enlist in any branch of the armed services. Give them as much information as you have about the date you are expected to report and the anticipated duration, if you know, of your absence from University employment. If the circumstances of your call to active duty do not permit advance notice, please advise your manager or supervisor as soon as possible.
2. Complete an "Extended Leave of Absence Form," indicating on the "reason for requesting leave" line that you are a reservist who has been called up to active duty or that you have enlisted in a branch of the U.S. armed forces.
3. Submit the completed, signed Extended Leave of Absence form to your supervisor or departmental payroll representative for processing. Completion of this form serves as your "notice" that you are entering active duty service and preserves your right to reemployment when you return from active duty status.
4. Contact Human Resources at 621-3662 for information about continuing your insurance benefits while you are on Military Leave of Absence.

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Related University Policies

• Extended Military Leave of Absence, Classified Staff Policy 214
• Military Leave, Policy 8.04.03, University Handbook for Appointed Personnel
• Administrative Leave With Pay, Classified Staff Policy 208.0

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Contact Information

Questions about USERRA, Extended Military Leave of Absence, and Military Differential Pay should be directed to:

Questions about continuation of your benefits while you are on Extended Military Leave of Absence should be directed to:

Other Resources:

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Reporting Back to Work

Time limits for reporting back to work depend on the length of your military service.

Disability. If you should be hospitalized or are convalescing because you were disabled during your military service, or an existing disability was aggravated during your military service, the reporting deadlines are extended for up to two years.

Failure to meet deadlines for reporting back to work. If you fail to meet the deadlines for reporting back to work you do not automatically forfeit your right to reemployment. However, you may be subjected to the University’s rules governing unexcused absences.

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USERRA Information

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute. The Act itself can be found in the United States Code at Chapter 43, Part III, Title 38.

USERRA is intended to minimize the disadvantages that occur when you need to be absent from your civilian employment to serve in this country's uniformed services. USERRA makes major improvements in protecting your rights and benefits as a service member by clarifying the law and improving enforcement mechanisms. It also provides you with Department of Labor assistance in processing claims. Specifically, USERRA expands the cumulative length of time that you may be absent from work for uniformed services duty and retain reemployment rights.

The law is intended to encourage non-career uniformed service so that America can enjoy the protection of those services, staffed by qualified people, while maintaining a balance with the needs of private and public employers who also depend on these same individuals. In addition to protecting your right to return to your employment, USERRA ensures certain other protections to employees who must leave their employment because they are performing military service.

• USERRA covers any person whose position of employment is interrupted because of service, either voluntary or involuntary, in the U.S. armed forces, including service in the Army, Navy, Marine Corps, Air Force, Coast Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, Coast Guard Reserve, Army National Guard, Air National Guard, commissioned Corps of the Public Health Service, or any other category designated by the President in time of war or emergency.
• USERRA provides that persons who are reemployed must be treated as not having incurred a break in service.
• Military service must be considered service with an employer for vesting and benefit accrual purposes.
• The reemployed person is entitled to any accrued benefits from employee contributions to the extent that the person repays the employee contributions.
• Service members must be permitted to use any vacation they accrued before the beginning of their military service, if they request it. However, it continues to be the law that service members cannot be forced to use vacation time for military service.
• The law provides for health benefit continuation for persons who are absent from work to serve in the military. You may elect to continue your health plan coverage for up to 18 months after your absence begins. You cannot be required to pay more than 102% of the full premium for the coverage. If your military service should be for 30 or fewer days, you cannot be required to pay more than the normal employee share of any premium. Please contact a representative of the HR Benefits and Employment Advising Team at 621-3662 for information about continuing your health insurance benefits should you be called up for active duty.

For more information about USERRA:

USERRA Advisor helps Veterans understand employee eligibility and job entitlements, employer obligations, benefits and remedies under the Act.

US Code: Title 38, Chapter 43 provides the text of the Uniformed Services Employment and Reemployment Rights Act.

U.S. DOL - Veterans' Employment and Training Service The VETS home page contains an interactive guided program that provides valuable information and answers questions about USERRA.

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Military Differential Pay Information

University of Arizona employees who are called to active military duty during an emergency as reservists or members of the National Guard may be eligible for Military Differential Pay under State of Arizona legislation effective June 30, 2004 signed by the Governor on May 9, 2005. This Military Differential Pay is effective for service on or after June 30, 2004 and is an extension of a similar measure that was in effect from September 11, 2001 through June 30, 2004.

This legislation differs from the previous legislation in that 1) employees are no longer required to exhaust their annual leave in order to be eligible; 2) Military Differential Pay may be requested for the entire period of covered service; and 3) this legislation does not contain a sunset provision.

The amount of the Military Differential Pay is determined by the difference between a) the employee's rate of pay immediately prior to the beginning of the military leave and b) all wages and allowances earned for the continuous duration of the employee's active military duty.

To be eligible for Military Differential Pay an employee must meet all of the following requirements:

• Occupy an eligible Faculty, Non-Faculty Appointed Personnel or Classified Staff position with The University of Arizona when called to active military duty;
• Provide copies of active military duty orders in connection with an emergency;
• Exhaust all paid military leave provided by the University of Arizona policies (if applicable) at the time of activation or at any time during the active military duty period;
• Provide proof of honorable service within sixty (60) days of completing the active military duty (typically by filing DD-214, DD-220, DD256 and/or similar documents by DEMA); and
• Provide documentation of all military pay and allowances received (typically listed in the Leave Earning Statement (LES)).

Once these requirements are met and documentation is provided to the departmental Business Manager, the Military Differential Pay is calculated using the Military Differential Pay Form. If the military pay is less than the employee's regular rate of pay, the departmental Business Manager will submit the completed form with the required documents to Accounts Payable in the Financial Services Office.

The Military Differential pay amount will be paid to the employee in a single lump sum payment for the entire qualified period of active military duty. IRS Form 1099-MISC will be issued to the employee for tax purposes.

An Example of Military Differential Pay

An employee is on active military duty for six months and has submitted all required duty, earnings, and discharge documents.

Contact Information
If you believe you may be eligible to receive Military Differential Pay, please see your Business Manager or contact Human Resources at 621-3662.

For more information about Military Differential Pay:
For more information about Military Differential Pay: GAO Technical Bulletin No. 05-9 provides the information on Military Emergency Activation Differential Pay. http://www.gao.state.az.us/publications/tb/bulletins/tb0509.pdf

A.R.S. 41-771 (A) (6) or 41-771(B) (6) describes exemption from this legislation.