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Military Leave (USERRA)

 

In accordance with federal law, including the Uniformed Services Employment and Reemployment Rights Act (USERRA), and applicable state law, a Leave of Absence will be granted to employees to attend scheduled drills or training or if called to active duty with the U.S. Uniformed Services. “Uniformed Services” means the Armed Forces, the Army National Guard, and the Air National Guard when engaged in active duty for training; inactive duty training; full-time National Guard duty; the commissioned corps of the Public Health Service; and any other category of persons designated by the President in time of war or national emergency.

Employees who receive notice of upcoming military service should promptly notify their manager and their Human Resources business partner, unless military necessity prevents such notice or it is otherwise impossible or unreasonable.

For the first two weeks of Military Leave, employees can elect to receive the difference between the employee’s regular rate of pay and their military pay, OR employees may elect to use accrued vacation and/or personal time during those first two weeks.  After the first two weeks of Military Leave, employees may use accrued vacation and personal time to continue their pay during a Military Leave.  If an employee has exhausted all accrued time or elects not to use accrued time, then Military Leave will be unpaid. Employees will be required to show proof of payment from the military in order to receive a pay differential from the University.

When an employee returns from Military Leave Bentley will contribute the University’s 10% retirement contribution of base salary (if applicable) for the unpaid portion of the leave. When an employee returns from Military Leave, he/she will be able to make up voluntary retirement contributions. When employees return from Military Leave, Bentley will credit them with the amount of vacation, sick and personal time they would have accrued had they not been on leave. 

Bentley will not retaliate or discriminate against employees who go out on Military Leave under USERRA.

Please contact your Human Resources business partner for more information about Military Leave.

For Military Caregiver Leave, please refer to the FMLA policy.

Returning from Military Leave

Upon completion of Military Leave, employees must notify their supervisors within the time frames required by USERRA regarding their intent to return to work and their anticipated return date.  Every reasonable effort will be made to return employees to their previous positions, or to comparable positions, in accordance with federal and state laws.

 

Date Last Revised:  April 15, 2015