POLICY

A. Purpose

This policy defines the terms and conditions under which a Berkeley Lab employee may be provided military leave.

B. Persons Affected

This policy applies to employees who serve in the military or military reserves.

C. Exceptions

Requests for exceptions 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 minimum, approval by the Compensation Manager and the Chief Human Resources and Diversity Officer (CHRO).

D. Policy Statement

1. General. An employee shall be granted military leave as specified below, provided that he or she gives advance verbal or written notice of the leave. Exceptions are when notice is precluded by military necessity, or it is unreasonable or impossible to give such notice. In the granting of military leave, the Laboratory may require verification of an employee's military orders.
2. Types of Military Leave. Military leave consists of:
   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 full-time active military 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 shall be granted for a period not to exceed five years. In addition, leave can be granted for a period of up to six months from the date of release from duty.
   4. Emergency Leave for National Guard. 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 shall be granted extended military leave.
   5. 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 for Leave
   1. General. An employee granted temporary military leave for active-duty training, inactive-duty training, or extended military leave is entitled to receive his or her regular Laboratory pay for the first 30 calendar days of such leave in any one fiscal year, provided:
      1. The employee has completed 12 months of continuous University of California service immediately prior to the granting of the leave (all prior full-time military service shall be included in calculating this University service requirement), and
      2. The aggregate of payments for inactive-duty training, temporary military leave, extended military leave, and military leave for physical examination does not exceed 30 calendar days' pay in any one fiscal year.
   2. Physical Examination Leave. An employee granted physical examination leave is entitled to receive his or her regular Laboratory 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 does not exceed 30 calendar days' pay in any one fiscal year.
      3. Time off for other physical examinations in connection with military service may be charged to accrued sick leave, accrued vacation leave, or will be without pay.
   3. Emergency Military Leave for National Guard Duty. An employee granted military leave for emergency National Guard duty is entitled to receive his or her regular Laboratory pay for a period not to exceed 30 calendar days in any one fiscal year. An employee is eligible for pay regardless of the length of University service, and such pay is in addition to any Laboratory payment for temporary military leave for active-duty training, extended military leave, and military leave for physical examinations.
   4. 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.

   5. Using Vacation Leave or Leave without Pay. An employee who is not eligible for military leave with pay may have such absence charged to accrued vacation, or the military leave may be without pay. 

4. Reinstatement. Following release from military service, an employee shall 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 shall receive benefits as provided below:

   1. Military Leave with Pay. An employee granted military leave with pay shall 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 shall 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 to University service at the conclusion of the leave in accordance with applicable federal and state laws and
      4. Vacation and sick-leave accruals and holiday pay only in accordance with those policies
   3. Extended Military Leave
      1. 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
      2. Additional information on benefits may be found at the UCnet website.
6. National Defense Leave. Upon approval of the Laboratory Director, leave without pay may be granted to an employee who is called or who volunteers to serve in scientific research and development under the auspices of the federal government during a war or comparable period of national emergency. Such an employee is not eligible for the pay for military leave that is provided in Section D.1 through Section D.5 of this 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 Human Resources Center.

Feedback on HR policies or procedures is welcomed. Send comments to hrpolicies@lbl.gov.

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

• California Spousal Deployment Time Off
• California Domestic Partner Rights and Responsibilities Act
• California Military and Veterans Code Section 394
• DOE Contract DE-AC02-05CH11231, Section J, Appendix A, Advance Understandings on Human Resources
• DOE Contract 31, Clause I.26, 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

Implementing Documents

None