Military Leave Policy

Purpose

Lindenwood University (the “University”) is covered under the federal Uniformed Services Employment and Reemployment Rights Act. This policy addresses military leave and reinstatement rights under USERRA for eligible employees who leave employment to fulfill military service obligations, including active duty, training, fitness-for-duty examinations, and funeral honors duty.

Scope

This policy applies to University employees, subject to applicability and eligibility set forth in detail below.

Policy

Employee Eligibility
- Employees are protected under USERRA for performing service in the uniformed services.
  - Protections extend to the following categories of employees:
    - Full-time, part-time, probationary, or seasonal employees;
    - Temporary employees unless they have no realistic expectation of ongoing employment; and
    - Certain employees on leaves of absence.
  - Service in the uniformed services means the performance of duty on a voluntary or involuntary basis under competent authority and includes, among other duties:
    - active duty
    - inactive and active duty for training;
    - full-time National Guard duty;
    - time spent undergoing fitness-for-duty examinations;
    - funeral honors duty; and
    - duty performed by intermittent employees of the National Disaster Medical System in training exercises or in response to public health emergencies.
  - Uniformed services include:
    - Armed Forces and Reserves;
    - Army National Guard and Air National Guard;
    - Commissioned Corps of the Public Health Service;
    - Employees who serve as intermittent disaster response appointees of the National Disaster Medical System and are federally activated or attending authorized training are considered engaged in service in the uniformed services; and
    - Any other category of persons designated by the president in time of war or emergency.
  - Employees do not have reemployment rights after leave for military service if employees are:
    - Not honorably discharged from military service; or
    - Commissioned officers who are dismissed by court-martial or order of the president; or
    - Commissioned officers who are dropped from military service rolls because of unauthorized absences of three months or more, confinement related to a court-martial, or imprisonment in a federal or state correctional institution; or
    - Length of absence and all previous absences due to uniformed service exceeds 5 years.
  - Employers do not have to reemploy employees after leave for military service if:
    - The University’s circumstances have changed, making reemployment impossible or unreasonable;
    - Reemployment priorities would create undue hardship; or
    - The job held before taking military leave was for a brief, nonrecurrent period, and there is no expectation that the employment will continue indefinitely or for a significant period.
Employee Notification Requirements
- Employees must provide advance notice of the need for military leave to the University verbally or in writing unless relevant circumstances makes such notice unreasonable, impossible, or prevented by military necessity. Employees should contact the Director of Employee Benefits with these requests.
- After completing military service, employees can request reinstatement from the University by reporting to or applying for reemployment with the University within the following time frames:
  - Military service of 30 or fewer days or for a period of any length if leave is taken for fitness examinations. Employees must report to the University no later than the beginning of the next work period following the end of service plus eight hours or as soon as possible after the end of the eight-hour period if earlier reporting is impossible through no fault of employees.
  - Military service of 31 days to 180 days. Employees must apply for reemployment with the University within 14 days of completing service or the next full calendar day if applying for reemployment within that time frame is impossible through no fault of employees.
  - Military service of 181 days or more. Employees must apply for reemployment with the University within 90 days after completing service.
  - Employees who are hospitalized or recovering from injuries received during military service. Employees must report to the University after their recovery or two years, whichever is shorter.
- Employees who were on military leave for more than 30 days must provide the following documentation to the University:
  - Employees’ application is timely;
  - Employee has not exceeded the service limit period; and
  - Employee was honorably discharged from military service.
Reemployment
- Employees who take military leave are reinstated to employment with the University according to the following time frames:
  - Military service of fewer than 91 days.
    - Employees who serve fewer than 91 days are reemployed to the job positions (with the pay, benefits, seniority, and other job perquisites) that they would have attained with reasonable certainty if they didn't take military leave. Employees must remain qualified for such job positions, and the University makes reasonable efforts to help employees returning from military service become qualified to perform their jobs. If employees aren't qualified for such job positions, even after reasonable efforts by the University to help them become qualified, employees are reinstated to the job that they held before leaving for military service. Employees who aren't qualified to perform any such job positions, even after reasonable efforts of help from the University, are reinstated in any other job position close to the job position that they would have attained with reasonable certainty if they didn't take military leave or their pre-service job position.
  - Military service of 91 days or more.
    - Employees who serve 91 days or more are reemployed to the job positions (with the pay, benefits, seniority, and other job perquisites) that they would have attained with reasonable certainty if they didn't take military leave or a position of similar seniority, status, and pay. Employees must remain qualified for such job positions, and the University makes reasonable efforts to help employees returning from military service become qualified to perform their jobs. If employees aren't qualified for such job positions, even with reasonable efforts by the University to help them become qualified, employees are reinstated to the same or similar job position that they held before leaving for military service. Employees who aren't qualified to perform their pre-service positions, even after reasonable efforts of help from the University, are reinstated in another job position with similar seniority, status, and pay.
  - Regardless of length of military service, if employees incur a disability or aggravate a disability during service that causes them not to be qualified for the position they would have held if no interruption of employment occurred, the University gives them a job position that is equivalent in seniority, status, and pay.
  - If the University must reinstate two employees to the same job position, the employee who left the position first has priority for the position. The other employee is reinstated by the University to a job of similar status and pay.
Pay and Benefits
- (a) Vacation and Sick Time
  - (i) Employees may use accrued vacation or sick time during their military leave, but it is not required. Employees should provide written notice to the University if they wish to use their accrued vacation or sick time during their military leave.
  - (ii) Lindenwood University will follow applicable pay obligations during an approved military leave.
- (b) Health Benefits
  - (i) Employees who are on military leave for more than 31 days and are covered by an employer-sponsored health plan can elect continued coverage under the federal Consolidated Omnibus Budget Reconciliation Act for themselves, their spouses, and their dependents. The maximum coverage period under such an election is the shorter of the 24-month period beginning on employees' date of absence or the period ending the day after the date on which employees fail to apply for or return to employment with the University.
- (c) Tuition Assistance
  - (i) Tuition grants awarded to spouses and dependent children of employees will continue during the period of the military leave.
- (d) Life Insurance, Accidental Death and Dismemberment Insurance, Short- and Long-Term Disability, Critical Illness Insurance, and Accident Insurance
  - (i) Employees are not eligible to be a member for these insurance types while being an active full-time member of the armed forces. Upon reemployment to the University, employees are eligible for these insurance types. Employees can refer to the Benefit Summaries for more information.
- (e) Workers’ Compensation
  - (i) Workers’ Compensation benefits are not available if the disability is the result of war. Other government benefits may be available.
- Upon reemployment, employees’ other rights and benefits are restored to the level at which they would have had by remaining continuously employed.
Anti-Harassment and Anti-Retaliation
- The University strives to keep its workplace free from all forms of harassment. Specifically, the University prohibits harassment of employees because of their membership in the armed forces or their military service obligations. The University considers harassment in all forms to be a serious offense and to violate the University’s EEO policy. The University takes prompt action to correct any such conduct.
- The University doesn't deny employment, reemployment, retention, promotion, or any other benefit to employees because of application for, performance of, or obligation to perform military service. The University doesn't retaliate or take adverse employment action against employees who take action to enforce protections under USERRA, testify, or otherwise participate in a USERRA-related proceeding or investigation, or exercise USERRA rights. The University doesn't take adverse action against employees or other persons because of activities protected under USERRA, regardless of whether they have performed military service.
Complaint Procedures
- Employees should immediately contact the VP, Human Resources about any violations of the military leave policy or any applicable law relating to military leave. All complaints are promptly investigated, and full cooperation is expected of all staff. Information obtained during investigations is confidential and only disclosed to those who have a need for it.