8.46 – LOA – Military

PART 1: MILITARY TRAINING LEAVE

In accordance with state law, NMSU provides paid training leave for its employees who are members of organized units of the Army or Air National Guard or Army, Air Force, Navy or Marine Reserves, in amount not to exceed 15 days annually when they are ordered to active duty training with such organized units.  Such leave shall be in addition to other leave or vacation time with pay to which such employees are otherwise entitled.  (See NMSA 1978, §20-4-7)

PART 2: EMPLOYMENT STATUS

Employees that are mobilized or volunteer for active duty status will be placed on leave without pay until the date of discharge or release from active duty status at which time the employee will return to regular employment.

PART 3: MILITARY LEAVE OF ABSENCE

The following under the Uniformed Services Employment and Reemployment Rights Act (USERRA) conditions will apply:

1. The employee must hold a job other than temporary job. (The job need not be permanent.)
2. The employee must leave employment for the purpose of going on active duty.
3. The employee must not remain on active duty longer than 5 years, unless the period beyond 5 years is active duty during a war or declared national emergency or active duty in support of a critical mission. Service beyond 5 years required to complete initial period of obligation service from which a person by no fault of their own is unable to obtain release within the 5 year limit.
4. The employee must be discharged or released from active duty under honorable conditions.
5. The employee must apply for re-employment as follows:
   1. If the period of military service was less than 31 days, the service member must report to the university not later than the beginning of the first full regularly scheduled work period on the first full calendar day following completion of the period of service plus 8 hours, after a period allowing for safe transportation from place of service to residence.
   2. If the period of military service was more than 30 days but less than 181 days, the service-member must apply for re-employment not later than 14 days after military service is completed, or the next full calendar day when such application becomes possible. A copy of a DD214 must be submitted with the application for re-employment.
   3. If the period of military service was greater than 180 days, the service-member must apply for re-employment not later than 90 days after service is completed. A copy of a DD214 must be submitted with the application for re-employment.
   4. In all cases above, if the member through no fault of their own the employee cannot re-apply for employment within the time periods listed above, they must report back to work as soon as possible.
6. If a fitness for duty exam is required before a service member can return to work, regardless of the time the employee was on active duty, the service member must report to the university no later than first full regularly scheduled work period on the first full calendar day following completion of the period of service plus 8 hours, after a period allowing for safe transportation from of service to residence.
7. Discharge will not occur without cause for a period of time based on the period of military service: 6 months if the military service was 30-181 days; 1 year if the service was more than 180 days in length.
8. If a service member incurs or aggravates a disability while on active duty, the member has up to 2 years from the date the member is hospitalized or convalescing due to apply for re-employment. The time will be extended to accommodate a circumstance beyond the member’s control that would make the reporting within the 2 year period impossible or unreasonable.

PART 4: OTHER CONSIDERATIONS RELATING TO MILITARY LEAVE

1. Employees may, but are not required, to use annual leave during their active duty status.
2. Employees are not entitled to use military leave if they are mobilized or volunteer for active duty.
3. Military leave may only be used for training purposes.
4. Employees may continue insurances during the leave-without-pay period by paying 100 percent of the total premiums (both employee and employer shares). Any employee called to active duty who discontinues insurance coverages during the leave-without-pay period may be placed immediately back on the plans upon return to employment without providing evidence of insurability.
5. Injuries/illnesses sustained during the active duty period will not be covered by the university health plan. These conditions would be covered by the Veterans Administration.
6. An attorney general’s opinion, rendered after the passage of this law, points out that it does not pertain to temporary employees.
7. Dates for such leave must have prior administrative approval within the department and retained with internal leave records.
8. Annually is defined as federal fiscal year.