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CWUR 3-40-070 Military Leave

(1) Introduction
This procedure applies to all university staff and is administered in accordance with state and federal laws. To the extent this procedure addresses terms not covered under collective bargaining agreements for represented employees, the terms of this procedure shall prevail.

(2) Leave Requests/Leaves of Absence – Military Employees

(A) Employees must notify their supervisors as soon as possible of the need for military leave of absences by providing a Military Leave Request form and, when able, a copy of military orders. The signed, completed request for military leave will be forwarded to Human Resources.

(B) Military leaves of absence will be reported using the university’s time and absence process in accordance with CWUR 1-70-045 Time and Attendance Reporting Procedure.

(C) Military leave of absence shall be in addition to any vacation or sick leave to which the employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. During the period of military leave, the employee shall receive his or her normal pay from the university.

(D) If an employee voluntarily or upon demand leaves a regular position to enter extended active duty or training in the armed forces of the United States or the state, he/she shall be granted a military leave of absence without pay for the duration of that service and be entitled to reinstatement of employment in accordance with the provisions of RCW 73.16.

(E) Military leave of absence without pay shall not affect seniority with the institution.

(F) Employees will continue to receive medical and dental insurance, if they remain in a paid status for at least eight (8) hours per month while on military leave of absence.

(3) Leave Requests – Family Member

(A) Spouses or registered domestic partners of a member of the armed forces of the United States who have been notified of an impending call or order to active duty or deployment is entitled to a total of fifteen (15) days of unpaid leave per deployment. Employees must provide their supervisor with notice within five (5) business days of receiving official notice of an impending call or order to active duty or a leave from the deployment of the employee's intention to take leave.

(B) Family members must notify their supervisors as soon as possible of the need for military leave by providing a Military Leave Request form and, when able, a copy of military orders. The signed, completed request for military leave will be forwarded to Human Resources and to Payroll.
Spouses or family members of members of the armed forces may also be eligible for leave under the Family and Medical Leave Act (FMLA).

(C) Family member leave will be reported using the university’s time and absence process in accordance with CWUR 1-70-045 Time and Attendance Reporting Procedure

(4) Reemployment

(A) An employee who takes military leave shall be restored to a position of employment in the same manner as an employee entitled to leave under RCW 49.78.280; and to continue benefits in the same manner as an employee entitled to leave under chapter 49.78 RCW continues benefits, as specified in RCW 49.78.290.

(B) Employees seeking reemployment following a military leave of absence must provide proof of having satisfactorily completing their military service (such as honorable discharge, under honorable conditions discharge, report of separation, etc.) and make written application to the university. The absence of or an employee’s inability to produce documents that may not yet be available to them shall not be the sole basis for refusing reemployment.
Duration of absence: Employee must:
Absences less than thirty-one (31) days
Absences of any length to participate in an examination to determine an employee’s fitness to perform in the armed forces Report to work at the beginning of the first full regularly scheduled work period on the first full calendar day following the completion of service following an eight (8) hour period for safe transportation from the place of service to the employee’s residence OR as soon as possible after the eight (8) hour period if it is impossible or unreasonable through no fault of the employee.
Absences more than thirty (30) days, but less than one hundred eighty-one (181) days Submit application for reemployment no later than fourteen (14) days after completion of service OR on the first full calendar day possible if it is impossible or unreasonable for the employee to apply within fourteen (14) through no fault of the employee.
Absences more than one hundred eighty (180) days Submit application for reemployment no later than ninety (90) days after completion of service.
Absences up to two (2) years for employees who are hospitalized for, or recovering/convalescing from an injury/illness incurred or aggravated by military service
Two (2) year period will be extended to accommodate circumstances beyond the employee’s control Submit application at the end of the recovery or convalescence. Application may be submitted after the two (2) year period when it is impossible or unreasonable for reasons beyond the employee’s control to apply within that time.
Absences less than four (4) years for uniformed services Return to and reenter the position as outlined above unless the employee is unable for reasons imposed by law which make the employee unable to obtain orders relieving him/her from active duty.

(C) Eligible employees returning from military leave of absence shall be reemployed unless circumstances have changed at the university that would make reemployment impossible or unreasonable or would impose undue hardship in accordance with RCW 73.16.033.
Note: Members of the armed services may not always be able to provide military orders depending on the nature or location of a deployment or training (military necessity) and shall not be the basis for denial of leave requests.

CWUP 2-30-120 Military Leave

[Responsibility: BFA; Authority: Chapter 38.40.060 of the Revised Code of Washington (RCW), Military Leave for Public Employees, CWUP 2-30-120; Reviewed/Endorsed by: PAC (Policy and Procedure Separated 9/05/07); Review/Effective Date: 10/02/2007; 03/30/2012; Approved by: James L. Gaudino, President, 02/01/2017]

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