BRIEF

Policy Summary

This policy describes a number of military leaves available to Lawrence Berkeley National Laboratory (Berkeley Lab) employees to accommodate their need to be away from work to perform military service.

Who Should Read This Policy

This policy applies to all non-represented employee classifications. Non-represented employees should refer to their collective bargaining agreements.

To Read the Full Policy, Go To:

The POLICY tab on this wiki page

Contact Information

For more information, contact your division's HR Field team.
Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

POLICY

A. Purpose

This policy describes a number of military leaves available to Lawrence Berkeley National Laboratory (Berkeley Lab) employees to accommodate their need to be away from work to perform military service.

B. Persons Affected

This policy applies to all non-represented employee classifications. Represented employees should consult their collective bargaining agreement (CBA).

C. Exceptions

Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at a minimum, the approval of the Chief Human Resources Officer.

D. Policy Statement

1. General
   1. Notice Required. An employee shall be granted military leave as specified below, provided that the employee gives advance verbal or written notice of the need for military leave except when such notice is precluded by military necessity, impossibility, or reasonableness. Employees are expected to provide their supervisors with as much advance notice as possible of their anticipated date of release from duty and return to work. In the granting of military leave, Berkeley Lab may require verification of an employee's military orders.
   2. Exempt Employees. A leave status will not be required for exempt employees for absences of less than one half day or less than the portion of a day during which an employee on less than full-time pay status is normally scheduled to work when the absence occurs because of activities covered in this policy.
2. Types of Military Leave. Military leave is granted for:
   1. Reserve Training Leave. For inactive duty, such as weekly or monthly meetings or weekend drills.
   2. Temporary Military Leave. When an employee is ordered to active duty for training for a period not to exceed 180 calendar days, including time spent traveling to and from such duty.
   3. Extended Military Leave. When an employee enlists or is ordered into active-duty service of any length or active-duty training in excess of 180 days, or when an employee is ordered into active federal military duty as a member of the National Guard or Naval Militia. Such leave will be granted for a period not to exceed five years. In addition, leave will be granted for a period of up to six months from the date of release from duty.
   4. Emergency National Guard Leave. When an employee who as a member of the National Guard is called to active duty by proclamation of the Governor during a state of emergency. An employee who as a member of the National Guard is called to active federal military duty at the request of the President of the United States is not eligible for emergency National Guard leave, but will be granted extended military leave.
   5. Civil Air Patrol Leave. When an employee who as a volunteer member of the Civil Air Patrol is directed and authorized to respond to an emergency operational mission of the California Wing of the Civil Air Patrol. Provided that an employee has been employed by the University or Berkeley Lab for the ninety (90) days immediately preceding the commencement of leave, such leave will be granted for a period not to exceed 10 days per year.
   6. Physical Examination Leave. When an employee is required to take a pre-induction or pre-enlistment physical examination to fulfill a commitment under a Selective Service or comparable law, or during a period of war or comparable national emergency.
3. Pay During Military Leave
   1. An employee granted reserve training leave, temporary military leave for active-duty training, or extended military leave is entitled to receive the employee's regular Berkeley Lab pay for the first 30 calendar days of such leave in any one fiscal year, provided that:
      1. The employee has completed 12 months of continuous Berkeley Lab or University of California service immediately prior to the granting of the leave (all prior full-time military service will be included in calculating this service requirement); and
      2. The aggregate of payments for reserve training leave, temporary military leave, extended military leave, and military leave for physical examination do not exceed 30 calendar days' pay in any one fiscal year.
   2. Physical Examination Leave
      1. An employee granted physical examination leave is entitled to receive the employee's regular Berkeley Lab pay provided that:
         1. The physical examination is a pre-induction or pre-enlistment physical examination required to fulfill a commitment under a Selective Service or comparable law, or during a period of war or comparable national emergency; and
         2. The aggregate of payments for temporary military leave, extended military leave, and military leave for physical examination do not exceed 30 calendar days' pay in any one fiscal year.
      2. Time off for other physical examinations in connection with military service may be charged to accrued sick leave or to accrued vacation leave, or will be unpaid.
   3. Emergency National Guard Leave. An employee granted military leave for emergency National Guard duty is entitled to receive the employee's regular Berkeley Lab pay for a period of up to 30 calendar days. An employee is eligible for pay regardless of the length of their Berkeley Lab or University service, and such pay is in addition to any Berkeley Lab payment for temporary military leave for active-duty training, extended military leave, and military leave for physical examinations.
   4. Supplement to Military Pay. An employee serving on active military duty in support of an ongoing overseas military mobilization campaign may be eligible for certain benefits under the University of California Policy on Supplement to Military Pay.
   5. Part-Time Employee Eligibility. An eligible part-time employee will receive pay in proportion to the average percentage of full time worked during the three calendar months immediately preceding the military leave.
   6. Using Vacation Leave or Leave without Pay
      1. An employee who is not eligible for military leave with pay may elect to substitute accrued vacation. Otherwise, the military leave will be unpaid.
      2. Extended Military Leave. An employee granted extended military leave may choose to:
         1. Use accrued vacation to cover unpaid military leave;
         2. Receive a lump-sum payment for accrued vacation; or
         3. Allow accrued vacation to remain on the records.
4. Reinstatement. Following release from military service, an employee will have such right to return, and only such right, as may be required by state and federal law in effect at the time the employee applies for reinstatement. 
5. Effect on Benefits. An employee granted military leave will receive benefits as provided below:
   1. Military Leave with Pay. An employee granted military leave with pay will receive all benefits related to employment that are granted when an employee is on pay status.
   2. Military Leave without Pay. An employee granted military leave without pay will receive:
      1. Retirement benefits and service credit in accord with the provisions of the applicable retirement system;
      2. Health plan coverage at the employee's request and expense for a limited period of time as described in the University Group Insurance Regulations;
      3. Other length-of-service credits related to employment that would have been granted had the employee not been absent, provided that the employee returns at the conclusion of the leave in accordance with applicable federal and state law; and
      4. Vacation and sick-leave accruals and holiday pay only in accordance with policy.

E. Roles and Responsibilities

Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

F. Definitions/Acronyms

None

G. Recordkeeping Requirements

None

H. Implementing Documents

None

I. Contact Information

For more information, contact your division's HR Field team.
Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

• California Military and Veterans Code Section 394
• DOE Contract DE-AC02-05CH11231, Section J, Appendix A, Advance Understandings on Human Resources
• DOE Contract DE-AC02-05CH11231, Section I, Clause I.46, FAR 52.222-35, Equal Opportunity for Veterans
• Uniformed Services Employment and Reemployment Rights Act (USERRA)
• University of California Personnel Policies for Staff Members (PPSM) 2.21, Absence from Work
• University of California Policy on Supplement to Military Pay
• UCOP Human Resources Extended Military Leave Questions and Answers

Implementing Documents

None