The terms under which Military Leave
is granted and the conditions governing reinstatement after discharge
shall be in accordance with applicable state and federal laws and
regulations.
Your Rights Under USERRA
Short Tour of Duty
Upon
request and presentation of appropriate military orders, you shall be
granted a military leave of absence to engage in a temporary tour of
duty with the National Guard or any recognized branch of the military
service not to exceed fifteen days (15) in any calendar year.
- Arrangements for such leaves are to be made with your immediate supervisor well in advance of the actual tour of duty.
- CMU
will pay the difference between your military pay and regular pay if
the military pay is less. The computation of this difference will be
gross CMU pay for the authorized period of time, less all military pay
and allowances for that period.
- Alternatively, if
you request and are scheduled for vacation during this leave, you will
receive full vacation pay rather than receiving the difference in pay as
described above.
- Further, if the military pay is
more than your CMU pay, you are likewise permitted to request and be
scheduled to use any accrued vacation leave instead of unpaid leave.
Long-Term or Extended Military Leave
If
you need to leave CMU to serve in the U.S. Armed Forces on a long-term
basis, you shall be granted a military leave of absence without pay.
Initially,
you will be placed on an unpaid leave of absence with employer health
contributions. After thirty (30) days on leave, you will be placed on
unpaid leave without employer health contributions and you will be
responsible for full benefit premiums during this time. Please refer to
the section titled, What Happens to My Benefits While I'm on a Leave of Absence?
For more specific information, please review your appropriate employee group contract/handbook.
You may also review the current standard practice guide governing Long-Term Military Leaves.
Military Family Leave under the Family and Medical Leave Act (FMLA)
The military family leave provisions of the FMLA entitle you to take leave for:
- Any "qualifying exigency" arising from the foreign deployment of your spouse, OEI, child or parent with the Armed Forces.
- To
care for a servicemember with a serious injury or illness if you are
the servicemember's spouse, OIE, child, parent or next of kin.
How do I initiate a request for Military Family Leave under FML?
Notify your supervisor within thirty (30) days of your expected leave, or as soon as practicable.
Complete Section II of the Certification – Qualifying Exigency or the Medical Certification – Covered Servicemember form (if the leave is to care for a current servicemember).
Complete Section I of the Medical Certification – Military Family form (if the leave is to care for a veteran). See instructions in Section II for completing the rest.
Completed certification forms can be faxed directly to Erin Christian, Human Resources at (989) 774-3256.
For additional information, please review CMU's Family and Medical Leave Policy.