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Military Leave

Emergency, temporary or indefinite leave is required to fulfill ordered military duty by members of the reserve or armed forces of the United States, National Guard or Naval Militia. Currently, there are three types of military leave:

  1. Temporary: A military leave of absence (ML) for ordered active duty not to exceed 180 calendar days (months), including travel time.
  2. Indefinite: A military leave of absence (ML) for ordered active duty for a period of more than six months; but the employee must return to his or her position no later than six months following the end of active service.
  3. Emergency: A military leave of absence (ML) for an employee who is a member of the National Guard for the period of active duty and travel time specified by the National Guard during such time as the Governor may have issued a proclamation of a state of emergency.

Eligibility:

  1. Temporary and Emergency Military Leaves: All employees are eligible regardless of their appointment status.
  2. Indefinite Military Leave: Employees who have permanent or probationary status are eligible.

Usage:

  1. To be entitled to use Military Leave, an employee must be eligible and on temporary leave status or in active employment status.
    1. Employees on temporary or indefinite military leave (ML) can receive up to thirty calendar days of pay per fiscal year.
    2. Employees on emergency military leave (EML) can be paid up to thirty days per occurrence, with no limit per fiscal year. The thirty-calendar day period is in addition to that granted for temporary or indefinite military leave.
  2. An employee is entitled to payment of salary for up to thirty calendar days of absence providing:
    1. Temporary Military Leave
      1. He or she has not had a break in the continuity of State Service; and
      2. He or she has 12 qualifying pay periods of State Service immediately prior to his or her active duty date; or
      3. A combination of pay periods of such state service and calendar time in military service.
    2. Indefinite Military Leave
      1. He or she has 12 qualifying pay periods of State Service immediately prior to his or her active duty date; or
      2. A combination of pay periods of such State Service and calendar time in military service.
  3. Paid military leave for up to thirty calendar days is based on the regular pay that would have been made, if the employee were not on military leave.
  4. Where the absence is continuous on one set of orders and extends into another fiscal year the payment is limited to the first thirty calendar day period.
  5. Ordered non-emergency military duty exceeding thirty days per calendar year and ordered emergency military duty exceeding the first thirty days per occurrence, must be processed as formal military leaves (non-pay status).

Required Forms:

  1. STD 634 Absence and Additional Time Worked Report
  2. Copy of Military Orders
  3. Appointment Offer

Attendance Recording:

  1. For non-emergency military leaves up to thirty days per calendar year, enter "ML" on line 7F. (Note: The employee's STD 634 form must include a copy of their military orders.)
  2. For emergency military leaves, enter "EML" per occurrence. (Note: The employee's STD 634 form must include a copy of their military orders.)
  3. While on paid military leave, every calendar day must be recorded as "ML" or "EML" including Saturday, Sunday and any holidays that fall within the time off.

Information presented is for educational purposes only. The most current labor contracts, State Administrative Manual or other sources contain the updated official rules, regulations and policies.