4.18.12 Military Leave

A. Purpose

The purpose of this policy is to provide for the administration of paid military leave in compliance with state law.

B. Persons Affected

All employees called up for active duty

C. Definitions

N/A

D. Policy and Procedures

The University of Texas at Tyler will grant paid military leave to employees who are called to active duty in accordance with the terms set forth below.

  1. Leave Entitlement

    State employees are entitled to the following types of leave for military service:

    1. Authorized training or duty for members of the state military forces and members of any of the reserve components of the United States Armed Forces;

    2. Call to National Guard active duty by the Governor;

    3. National emergency active duty for members of a reserve branch of the United States Armed Forces.

  2. Authorized Training or Duty

    A University of Texas at Tyler employee who is called to active duty or authorized training as a member of the state military forces or any of the reserve components of the United States Armed Forces is entitled to a paid leave of absence from his or her respective duties without loss of time, efficiency rating or performance review rating, vacation time, or salary for not more than fifteen working days in a federal fiscal year (October 1 through September 30.)

    1. The fifteen days of military leave need not be consecutive. Members of the state military forces or members of reserve components of the United States Armed Forces who are ordered to duty on non-consecutive days are entitled to a total of fifteen days. These fifteen days of military leave are working days and not calendar days.

    2. All military leave, other than a call to active duty in the National Guard by the Governor, is subject to a maximum of fifteen days of leave per federal fiscal year (see Paragraph 2.4, below.)

  3. Military Leave During National Emergency

    A leave of absence will be provided to an employee called to active duty during a
    national emergency by a reserve branch of the United States Armed Forces. During such vacation or sick leave. However, the employee retains any accrued sick or vacation leave and will be credited with those leave balances upon return.

    1. Employees are entitled to a maximum of fifteen working days of paid military leave if they have not already exhausted their annual entitlement.

    2. An employee who remains on active duty after exhausting his or her fifteen days of annual entitlement may use accrued vacation leave to the extent available, or be placed on a leave without pay, or a combination of the two for the remainder of the active duty period. [See U. T. System Policy INT105, “Military Leave.”]

  4. Call to National Guard Emergency Leave by the Governor

    An emergency leave of absence with full pay will be provided to an employee who is called by the Governor of Texas to active duty as a member of the National Guard because of a state emergency, without loss of paid military or annual leave. The employee is entitled to this leave with full pay. This time is not limited and does not count against the fifteen days maximum military leave nor is the employee required to use annual leave.

    Only when the Governor calls a member of the National Guard to active duty for an emergency is the period of leave unlimited, paid, and without loss to annual or military leave. If a member of the National Guard is called to duty for training or duty authorized by a proper authority other than the Governor, the fifteen day maximum of paid military leave per fiscal year applies. 

  5. Adjustment in Work Schedule for Members of the National Guard

    The work schedule of any employee who is a member of the Texas National Guard or the United States Armed Forces Reserve must be adjusted so that two of the employee’s days off each month coincide with two days of military duty to be performed by the employee, in order to facilitate participation in military duties by state employees.

  6. Information on extended military leave is covered by U. T. System Policy INT105, “Military Leave.”

  7. PROCEDURES

    1. Employees must notify supervisors as soon as possible when they are called for military duty.

    2. Employees must provide copies of military orders to their supervisor prior to taking military leave.

    3. Copies of the military orders must be attached to the Personnel Action Form (PAF) placing them on military leave.

    4. Accurate records of military leave taken will be retained in the employee’s departmental file and in the personnel file in Human Resources. If employees are on military leave for one calendar month or more, accurate records of state service credit will also be maintained.

  8. AUTHORITY

    Texas Government Code, § 431.0825, §431.005, §613.002-613.006, §658.008, §661.903-661.904

    Related U. T. Tyler Policy and Procedures Manual, Policy Number 4.18.13, “Extended Unpaid Military Leave”

E. Responsibilities

See Policy and Procedures section.

F. Review

This policy shall be reviewed by Human Resources every five years or as legislation changes.

ORIGINALLY APPROVED:  12/01/2001

LAST AMENDED:  04/22/2009

REVIEWED:  AY 2014-15