Extended Active Military Leave

Employees who are members of the National Guard or a reserve component of the U.S. Armed Forces shall receive their regular compensation during a period of active duty or active duty training not to exceed 30 workdays in any two (2) consecutive calendar years. Active duty orders must accompany the request for paid military leave.

Eligible employees who are voluntarily or involuntarily placed on extended active duty with the National Guard or the U.S. Armed Forces are placed on Extended Active Military Leave. This is an unpaid leave in a manner consistent with applicable Arizona Revised Statutes and the  Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Extended active duty is defined as a period of more than 30 calendar days.

Eligibility

  • Regular benefits-eligible employees (not employees in a temporary or "brief or non-recurrent position" with no reasonable expectation of continuing employment).

Procedure

  • Advise your department head, manager, and/or immediate supervisor as soon as you are notified that you have been called to active duty or have enlisted 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.
  • Complete an "Extended Leave of Absence Form," indicating on the "reason for requesting leave" line that you are a reservist or a member of the National Guard who has been called to active duty or that you have enlisted in a branch of the U.S. armed forces.
  • Attach a copy of your active duty orders to the request.
  • 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 rights under Uniformed Services Employment and Reemployment Rights Act (USERRA).

What Happens to Your Benefits?

  • As long as you are on paid status (e.g., vacation time), deductions will be taken from your paycheck.
  • Upon entering non-pay status, you may continue health benefits by making arrangements with the Division of Human Resources to pay the employee cost of any such benefits.
  • Following the leave start date, you will receive a packet in the mail from the Human Resources Leave Management Team which includes:
    • A form to waive, change or continue the existing benefits;
    • A bill with the itemized employee benefit cost and payment schedule; and
    • Other helpful information
  • Continuation of coverage after conclusion of unpaid leave is available through the Consolidated Omnibus Budget Reconciliation Act (COBRA).
  • You have the right to elect to continue existing employer-based health plan coverage for yourself and your dependents through COBRA for up to 24 months while in the military.

Reporting Back to Work

  • Time limits for reporting back to work depend on the length of military service.
  • Refer to the Policy for more details.

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. If you believe you may be eligible to receive Military Differential Pay, please see your Business Manager or contact Human Resources at 520-621-3660.

Your Rights under USERRA

Forms

Frequently Asked Questions

Yes, if you choose to. Vacation can be taken at your current FTE (full-time equivalent). Make arrangements with your department's payroll representative to ensure your vacation time is properly authorized and calculated.

No. Employees on an unpaid Extended Military Leave do not accrue sick or vacation leave.

No. The period of active duty shall represent continuous University service as long as the military service conforms to the provisions specified by USERRA.

  • American Red Cross/Armed Forces Emergency Services - Phone: 318-6740
  • US Code: Title 38, Chapter 43 provides the text of the Uniformed Services Employment and Reemployment Rights Act. United States Code at Chapter 43, Part III, Title 38.
  • USERRA Advisor helps veterans understand employee eligibility and job entitlements, employer obligations, benefits and remedies under the Act. (http://www.dol.gov/elaws/userra.htm)
  • U.S. Department of Labor Veterans' Employment and Training Service (VETS). The VETS home page contains an interactive guided program that provides valuable information and answers questions about USERRA.

Policies

Do you need more assistance? 

Connect with HR Solutions
Phone: 520-621-3660
Email: hrsolutions@arizona.edu