Military Leave Policy 20220727
RISD supports employees who may need to take a leave of absence to satisfy military obligations or who are called to active duty. This policy outlines legal requirements under USERRA (Uniform Services Employment and Reemployment Rights Act) and provides guidance for employees who may need to take a leave of absence.
This policy applies to all staff and faculty who are members of the Uniform Services.
Uniform Services - this includes the seven branches of the United States Armed Forces within the Department of Defense (the Army, Marine Corps, Navy, Air Force, Space Force, Coast Guard, and National Guard), as well as the Public Health Service Commissioned Corps, and the National Oceanic and Atmospheric Administration Commissioned Corps.
USERRA - The Uniform Services Employment and Reemployment Rights Act is the federal law that protects service members from discrimination and provides job reinstatement rights upon completion of service.
Faculty and staff who must take a leave of absence related to their obligations in the Uniform Services are entitled to reinstatement rights, benefits and job protection provided under USERRA. When the leave is completed, the employee will be reinstated to their former position (or equivalent position) with the same seniority, status and rate of pay they would have obtained had they remained continuously employed. Employees will not be discriminated against in hiring, promotion, or retention of employment decisions on the basis of present and future membership in the Uniform Services.
An employee qualifies to return to work when:
- the employee has left a civilian job to perform active duty
- the employee gave notice for leave to active duty (documentation must verify the leave reason)
- the leave has not exceeded five years
- the employee was honorably discharged, and
- the employee reported back to work within a specific time period.
An employee returning from active duty in excess of 60 days will be reinstated for health insurance coverage, and any waiting period for benefits coverage will be waived upon the employee’s return to work.
An employee called to active duty (including extended training) is eligible for supplemental pay equal to the difference between compensation for military duty (excluding payments for room and board) and the employee's regular rate of pay up to sixty calendar days of active military service.
Employee: Employees are required to notify their supervisor as soon as possible when they are called to active duty or for other military obligations. Employees must provide a copy of their orders to their supervisor and submit a copy and their military pay voucher to Human Resources in order to receive the pay adjustment.
Supervisor: Supervisors will forward the employee's request orders to their HR Partner for processing.
This policy was last reviewed/modified on: 6/27/2022
Next scheduled review: Annually on August 1st or as required by law.
Vice President for Human Resources
Individuals/offices required for review and changes
Senior Vice President for Finance and Administration