FAQs

 

 

 

Who is eligible for Military Leave?

 

All CSU employees are entitled to a Military Leave under the California Military and Veterans Code 395 pursuant to the provisions below:

  1. Emergency Leave:

A National Guard member ordered to active duty during a proclaimed state or national emergency is entitled to Military Leave for the duration of the emergency including going to and returning from such duty (M & V §395.05).

  1. Temporary Leave:

A reservist or National Guard member or member of the Naval Militia ordered to temporary active military training, inactive duty training, encampment, naval cruises, special exercises or like activity, is entitled to Military Leave for the duration of ordered duty up to 180 calendar days, including time involved in going to and returning from that duty (M & V  §395[a]).

  1. Indefinite Leave:

Indefinite Military Leave may be granted whenever the United States is engaged in war or whenever the Governor finds and proclaims that an emergency exists in preparing for the national defense. Leave is granted to any who enters the armed forces of the United States for the duration of the war or until the emergency no longer exists, in addition to 90 days thereafter (M & V §395.4).

 

 

Will I be paid for my Military Leave?

 

Yes. Employees ordered to the following types of Military Leave are eligible for CSU pay:

  1. Emergency Leave:

    An employee who is a member of the National Guard ordered to active duty during a proclaimed state or national emergency is entitled to receive normal salary for up to thirty (30) calendar days for each proclamation of emergency that may be issued. 

  • There is no state service requirement in order to receive CSU pay while on emergency Military Leave, but the leave may not exceed the duration of the emergency (M & V §395.05).

  • An employee is entitled to payment for each emergency regardless of the number of emergencies declared (83 Ops. Cal Atty. Gen. 148 (2000).

 

  1. Temporary Leave:

  • If an employee ordered for active military training, inactive duty training, encampment, naval exercises, special exercises, or the like, has at least one year of state service immediately prior to the date on which the leave begins, they are entitled to receive normal salary for up to thirty (30) calendar days.

  • Special Note: Pay for temporary Military Leave may not exceed a total of thirty (30) calendar days in any one fiscal year (M & V §395.01[a]).

  1. Indefinite Leave:

  • If an employee who is inducted, enlists, or is ordered into active military duty has at least one year of state service immediately prior to the date on which the leave begins, they are entitled to received normal salary for up to thirty (30) calendar days .

  • Special Note: Pay for indefinite Military Leave may not exceed a total of thirty (30) calendar days in any one fiscal year (M & V §395.02).

 

 

How do I apply for a Military Leave?

 

Employee shall:

  • Notify their Department after receiving official order.

  • Provide copy of official military orders to Total Wellness.

  • Provide updates regarding leave situation to Department and Office of Total Wellness, as necessary.

  • Upon release from active duty, notify supervisor and Total Wellness of return date.

 

 

Will I receive my benefits while I am on Military Leave?

 

Employees on the “Difference in Pay” CSU Salary Supplement Program will continue to receive their CSU health, dental, vision benefits at the current level for the 725 calendar day period. CSU-paid supplemental benefits (life insurance, long-term disability insurance, etc.) will continue for eligible employees as long as CSU pay is generated.

Employees on active duty Military Leave who are not on “Difference in Pay” because their military pay exceeds their CSU pay, continue to receive CSU health, dental and vision benefits at their option during this period.

  • If an employee is required to pay a health benefit premium but is not receiving a State-issued paycheck, the CSU will authorize the continued payment of these premiums via an accounts receivable process.

 

 

How will my retirement credit be affected?

 

Employees on active duty Military Leave are eligible to earn service credit towards retirement but are not required to make retirement contributions.

No employee or employer retirement contributions are made on this CSU Military Leave.

Once an employee returns from active duty Military Leave, the employee is required to submit the appropriate paperwork to document their absence for Military Leave. Upon receipt and review of the documents CalPERS will credit the employee’s retirement account with the appropriate service credit at no cost to the employee. CalPERS will make a determination at a future date if an adjustment is required in the employer’s retirement contribution to fund this cost.

 

 

How does the thirty (30) calendar day pay entitlement work?

 

Emergency Duty Military Leave

The CSU has established a “Difference in Pay” Salary Supplement Program for all eligible CSU represented and non-represented (Executive, Management Personnel Plan [MPP], Confidential and Excluded) employees. This program has been extended through June 2018.

  • Eligible CSU employees who are on active duty Military Leave who exhaust the thirty (30) calendar days of CSU pay entitlement under statute, shall receive the “Difference in Pay” CSU salary supplement between their military pay and their CSU pay for up to 360 days.

  • If the CSU employee’s military tour of duty is extended or the employee returns to regular CSU employment and is subsequently recalled to active military duty, the employee is entitled to up to an additional 365 calendar days of “Difference in Pay” CSU salary supplement for a maximum of 725 days.

  • CSU pay includes the employee’s base salary rate plus shift differential and/or monthly stipend for which the employee was eligible immediately prior to Military Leave.

  • For Unit 8 employees, the Special Assignment Stipends are excluded for the purpose of determining the CSU pay rate for “Difference in Pay” calculations.

  • If the employee does not return to CSU service within sixty (60) days of being released from active duty, this supplemental compensation shall be treated as a long payable with interest.

Temporary and Indefinite Military Leaves

The law places a thirty (30) calendar day maximum on each kind of military pay entitlement regardless of how many times a CSU employee may go out on leave during a fiscal year.  Since temporary and indefinite Military Leaves are separate entitlements , it is possible for a CSU employee to receive up to thirty (30) calendar days in a fiscal year for taking a temporary leave and up to thirty (30) calendar days in a fiscal year for taking an indefinite leave.

Further, CSU employees on indefinite or temporary Military Leave do not receive an additional thirty (30) calendar day pay entitlement with the start of a new fiscal year.

 

 

Can I return to my position after my Military Leave?

 

  1. Emergency Military Leave:

    Following this type of leave, the employee has the right to return to the position held at the time the leave began without loss or diminution of vacation or holiday privilege or promotion (M & V §395.05).

  1. Temporary Military Leave:

    Following this type of leave, the employee has the right to return to the position held at the time the leave was granted.

  • If the position no longer exists, the employee must be reinstated to a position of comparable seniority, status and pay.

  • If such a position does not exist, the employee shall have the same rights and privileges that they would have had if they occupied the position when it ceased to exist (M & V §395 (c).

 

  1. Indefinite Military Leave:

    Following this type of leave, the employee has the right to return to their position within six months of termination (under conditions other than dishonorable) of active service with the armed forces. 

  • The employee is not entitled to sick leave or vacation during the period of the leave.

  • Termination of active service must not be later than six months following the end of other war or national emergency.

  • The right to return expires if the employee fails to return within 12 months after the first date upon which they could terminate their active military service. If drafted, however, the employee may voluntarily complete the period of duty without penalty.

  • The employee also may return during terminal leave from the armed forces and prior to discharge, separation or release therefrom.

  • An employee whose position has ceased to exist during the leave met be reinstated in a comparable position if one exists, or in a comparable vacancy for which the employee is qualified (M & V §395.1).

 

  1. Resignation:

    Following resignation to serve in the armed forces, employees have the right to return to employment prior to the date their CSU employment would have ended had they not resigned.

  • They must notify the University President in writing of their intention to return within six months of the termination of active service, and

  • They must return within 12 months after the first date they could have terminated their active service (M & V §395.3).

 

 

Does prior military service count as state service?

 

Yes. Prior recognized military service is counted as state service.

 

 

How are academic year employees paid while on Military Leave?

 

If an academic year employee is employed for the academic year and is schedule to return in fall, they are to receive the thirty (30) calendar days CSU pay even if separated from the campus during the non-work summer months.

  • In such a case, if the employee is called to active duty prior to commencement of the fall appointment, the campus should process the scheduled appointment, allow up to thirty (30) calendar days pay, then process the Military Leave without pay transaction.