Utah Admin. Code R477-7-10 - Military Leave
Under Section 71A-8-102, management shall grant up to 120 hours of paid military leave each calendar year to a benefited or non-benefited employee who is a member of the National Guard or Military Reserves and is on official military orders. Military leave for part-time employees is prorated to be no more than the average hours worked in the last 12 months, or if employed less than 12 months, the average hours worked since the date of hire.
(1) An eligible employee may use any
combination of military leave, accrued leave, or leave without pay under
Section R477-7-13.
(2) An eligible
employee may only use accrued sick leave if the reason for leave meets the
conditions in Section R477-7-4.
(3)
An employee on military leave is eligible for any service awards or
non-performance administrative leave the employee would otherwise be eligible
to receive.
(4) An employee shall
notify management of official military orders as soon as possible.
(5) Upon an employee's release from official
military orders under honorable conditions, management shall place the employee
in a position in the following order of priority.
(a) If the period of service was for less
than 91 days, management shall place the employee:
(i) in the same position the employee held on
the date of the commencement of the service in the uniformed services;
or
(ii) in the same position the
employee would have held if the continuous employment of the employee had not
been interrupted by the service.
(b) If the period of service was for more
than 90 days, management shall place the employee:
(i) in a position of like seniority, status,
and salary, of the position the employee held on the date of the commencement
of the service in the uniformed services; or
(ii) in a position of like seniority, status,
and salary the employee would have held if the continuous employment of the
employee had not been interrupted by the service.
(c) When a disability is incurred or
aggravated while on official military orders, the employing agency shall adhere
to the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301, et seq.
(d) An employee is
entitled to reemployment rights and benefits including increased pension and
leave accrual to which the employee would have been entitled had the employee
not been absent due to military service. An employee entering military leave
may elect to have payment for annual leave deferred.
(6) To be reemployed, an employee shall
present evidence of military service, and:
(a)
for service less than 31 days, return at the beginning of the next regularly
scheduled work period on the first full day after release from service unless
impossible or unreasonable through no fault of the employee;
(b) for service of more than 30 days but less
than 181 days, submit a request for reemployment within 14 days of release from
service, unless impossible or unreasonable through no fault of the employee;
or
(c) for service of more than 180
days, submit a request for reemployment within 90 days of release from
service.
Notes
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