UAMS ADMINISTRATIVE GUIDE

NUMBER: 4.6.05
DATE: 07/01/91
REVISION:04/01/2006 

PURPOSE

The University of Arkansas for Medical Sciences (UAMS)will abide by  federal regulations on “Uniformed Services Employment and Reemployment Rights”  (USERRA, PL 103-353, October 1994)1,  Arkansas Uniform Attendance and Leave Policy,2 Act 2123 of 2005 and the University of Arkansas Board of Trustees' University-wide Administrative Memorandum 435.3, Leave Policy for Classified Employees (including Patient Care Personnel). The purpose of this policy is to inform all departments within UAMS of these procedures so that uniformity can be established throughout the campus.

PROCEDURE

1. A person who is a member of, applies to be a member of, performs, has performed, applied to perform, or has an obligation to perform service in a uniformed service shall not be denied on the basis of that membership, application, performance, or obligation any of the following:

·         Initial employment

·         Reemployment

·         Retention in employment

·         Promotion

·         Any benefit of employment

2. Regular, full-time employees who are members of the National Guard or any of the Reserve branches of the Armed Forces of the United States shall be granted up to fifteen (15) working days per calendar year, plus necessary travel time, for annual training requirements. Such leave shall be granted without loss of pay and in addition to regular vacation time. Up to fifteen (15) military leave days may be carried over to the succeeding year, for a maximum of thirty (30) military leave days for that calendar year. Employees requesting military leave must furnish a copy of their military orders to their supervisor and the Office of Human Resources (OHR). 

Timekeepers will post hours to Accutime (Kronos) as MIL

3.   Employees drafted or called to active duty in the Armed Forces of the United States, or who volunteer for military service, shall be placed on extended military leave without pay and become eligible for re-employment if

·     The employee has given advance written or verbal notice of their service obligation, unless precluded by military necessity (as declared by the Department of Defense).

·     The cumulative length of absence (including all previous absences) does not exceed five (5) years, except when ordered or retained under various sections regarding war, national emergency or critical mission.

Sick pay may be reinstated upon return.  Unused annual leave may be used if the employee chooses.

Timekeepers may post time to the employee’s Accutime (Kronos) record as MILU, military unpaid, or VAC, vacation, as appropriate.

3. Employees called or volunteering for the purpose of special training will be placed on unpaid leave of absence, unless the employee elects to use their accrued annual leave.  Timekeepers may post elected annual leave as VAC or unpaid military leave as MILU.
    

4. Employees on unpaid military leave do not accrue annual or sick leave during the leave without pay.  However, periods of unpaid military leave of absences are counted when determining years of service for accrual purposes.
    

5. Employees called to active duty after September 11, 2001 for more than thirty days are eligible for continued payments from UAMS when the employee’s duty pay, incentives, and allowances (excluding  uniform and clothing) are less than his normal UAMS pay for the same period of time.  Terminated employees prior to  August 12, 2005, are not eligible, unless UAMS service ends because of disability or death while on active duty. Employees who have served and returned to UAMS employment are eligible for lump sum payment.  See OPM policy 105.11.1 at  http://www.accessarkansas.org/dfa/personnel_mgmt/opm_policy/section_105_p3.html#18

6.     Upon application, employees called to active duty shall be reinstated to the position vacated or an equivalent position, without loss of seniority or other employment benefits or privileges, on a basis consistent with their length of service:

·       If service is less than 31 day, the first regularly scheduled work day following completion of service.

·       If service is between 30 and 181 days, the employee must submit an application for reemployment within 14 days after completion of the service.

·      If service is more than 180 days, the employee must submit an application for reemployment within 90 days after the completion of the period of service.

Such timeframes may be extended if the employee is hospitalized, convalescing, or it is otherwise impossible or unreasonable to meet these timeframes.
 

7.  Employees called to initial active duty training in the Reserves, where the training is three (3) consecutive months or more, must apply for re-employment within 31 days of release from duty.Employees whose service was less than 91 days will be placed in the same position they would have been employed in if the employment had not been interrupted.
    
8. Employees whose uniformed service was for more than 90 days will be placed in the same position or a position of like seniority, status and pay. Should the employee no longer qualify for the same or similar position, please contact the Office of Human Resources for guidance.
    
9. Re-employed persons are entitled to seniority and other rights and benefits that s/he had on the date the service commenced, plus any other rights s/he would have attained if employment had been continuous. Employees are required to pay the employee cost of any funded benefit to the extent other employees on leave of absence are also required.
    
10. Departments and employees may contact the Office of Human Resources for details on any specific benefit which is in question.
    A re-employed person shall not be discharged from their employment except for cause.
    
    Within one year, if service was more than 180 days
    Within 180 days, if services was for more than 30 and less than 181 days
     
11. Regular, Full-time employees who are called to duty in emergencies by the Governor or by the President of the United States shall be granted leave with pay not to exceed 30 working days, after which the employees may opt to use annual leave or leave without pay will be granted. This leave shall be granted in addition to regular vacation time. Timekeepers will post to Accutime (Kronos) hours for MIL (paid), MILU (military unpaid), or VAC as appropriate.
     

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1 USERRA, PL 103-353.  See
See http://www.dol.gov/dol/vets/public/usc/vpl/use38.htm#sub2
See http://www.elaws.dol.gov/userra/wren/userra.htm

2 AHRMS, OPM Policy, Section 105.11.1. See http://www.state.ar.us/dfa/opm/sec105.html#Section105.11.0MilitaryLeaveandRe-EmploymentofVeterans