Rule 3337-41-127 | Military leave.
(A) Overview
This policy provides for military leave of absence and establishes reemployment procedures following military service.
Employees who are members of the Ohio national guard or a member of a reserve component of the armed forces are eligible for military leave without loss of pay for occasional periods of field training or active duty not to exceed a total of thirty-one calendar days in any one calendar year. Such leave will be in addition to regular vacation time and there is no requirement that the service must be in one continuous period of time. The maximum number of hours for which payment may be made in any one calendar year under this provision is one hundred seventy-six hours.
Ohio university will grant military leave of absence without pay beyond the one hundred seventy-six hours required by state and federal laws, to permanent employees with at least ninety days of employment with the university who are inducted or otherwise enter military service. The duration of a leave of absence for military service will be subject to the provisions of the Revised Code in effect at the time. Additionally, pay and insurance coverage for employees called to active duty for more than one hundred seventy-six hours will comply with sections 5923.05 and 5923.051 of the Revised Code, and with any other applicable state or federal laws.
(B) Process
A formal written request for military leave of absence should be submitted to the employee's department head at least two weeks in advance, when possible, of the first day of leave. Classified employees should complete a "Request for Unpaid Leave of Absence" for this purpose and submit the request to their supervisor and university human resources. A copy of the induction or enlistment notice will be attached to each request.
Those persons filling a position of an employee on military leave will be advised that the position is temporary and that the employee on military leave has reemployment rights. An employee on military leave forfeits reinstatement rights if they exceed the five-year cumulative voluntary military service limit. The five-year cumulative voluntary military service limit does not include: inactive duty training (drill); annual training; involuntary recall to or retention on active duty; voluntary or involuntary active duty in support of a war, national emergency, or certain other operational missions; or additional training requirements determined and certified in writing by the service secretary and considered to be necessary for professional development or for completion of skill training or retraining.
Time for reinstatement application and time limits for returning to work depend on the duration of the orders:
(1) Service of one to thirty days: return with reinstatement application and begin on the first regularly scheduled work period on the first full day following completion of service and expiration of an eight hour rest period following safe transportation home.
(2) Service of thirty-one or more days: application for reinstatement must be submitted no later than ninety days after completion of military duty. The affected employee will be promptly returned to work.
Prompt return to work will depend on individual circumstances of the department. However, return to work should occur in a matter of days, and at most two weeks.
Other provisions of applicable state or federal law will be observed in considering employment rights and benefits relating to veterans, members of the national guard, and other covered military components.
Last updated July 6, 2022 at 11:36 AM
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