Military Leave of Absence
The College is committed to protecting the job rights of employees absent on military leave. In accordance with federal and state law, it is the College’s policy that no employee or prospective employee will be subjected to any form of discrimination on the basis of that person's membership in or obligation to perform service for any of the Uniformed Services of the United States. Specifically, no person will be denied employment, reemployment, promotion, or other benefit of employment on the basis of such membership. Furthermore, no person will be subjected to retaliation or adverse employment action because such person has exercised his or her rights under applicable law or College policy. If any employee believes that he or she has been subjected to discrimination in violation of College policy, the employee should immediately contact Human Resources.
Employees taking part in a variety of military duties are eligible for benefits under this policy. Such military duties include leaves of absence taken by members of the uniformed services, including Reservists and National Guard members, for training, periods of active military service and funeral honors duty, as well as time spent being examined to determine fitness to perform such service. Subject to certain exceptions under the applicable laws, these benefits are generally limited to five years of leave of absence.
Employees requesting leave for military duty should contact Human Resources to request leave as soon as they are aware of the need for leave. For request forms and detailed information on eligibility, employee rights while on leave and job restoration upon completion of leave, refer to the policies, procedures and forms on EagleOnline or contact Human Resources.
Military leave without loss of pay shall be granted per RSMo Section 105.270.
To apply for military leave the employee shall submit a request for leave with a copy of his/her military orders to his/her supervisor. Missouri statute further requires that College employees who are members of the militia be granted leave for active military duty in accordance with the following:
- Without loss of pay, regular leave, etc.
- For a period not to exceed fifteen calendar days in any federal fiscal year. (This allows the member of the militia a total of eleven (11) working days of leave with pay for active military duty.)
The second statement above may cause some confusion. What does “fifteen calendar days” mean?
The purpose of the law, according to a spokesperson for the Judge Advocate General (JAG) Officer of the Missouri National Guard, is to provide one period during which guard and reserve personnel can complete their two-week annual tour of active duty. Weekends and holidays are counted even though the military person is not required to work on those days by his/her employer. As a result, days are counted as follows:
- If the orders are for Friday, Saturday and Sunday, then this period is counted as three of the fifteen days allowed.
- If the orders are for a three-week period, then the employer pays for the first fifteen days (two weeks) and the guard/reserve member must be permitted to take leave without pay for the remaining week. If the member prefers to use vacation time, he/she can, but the employer cannot require them to use this time.
There is an additional consideration. The reason the third week mentioned above or any special activity under orders (such as a short command post exercise that the guard/reserve member volunteers for) must be granted, is that it is required by federal law.
See Article Leave Forms.