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Military, Court Appearance, or Civic Duty Leaves

Effective: February 1969
Last Updated: May 2008

Responsible University Officer:

  • Vice President for Human Resources

Policy Owner:

  • Director, Human Resources Policy Development

Policy Contact:

Policy Statement

The University of Minnesota (University) provides the opportunity for employees to be absent from work for military leave, jury duty, appearance in court, and voting in federal or state elections as provided for in this policy and respective employee group governing documents. This policy covers faculty, academic professional and administrative (including professionals-in-training), civil service and union-represented staff, and graduate assistant employees. The policy does not apply to employees holding the following appointments: (1) "without salary", (2) supplemental, or (3) temporary or casual.

Military Leave

Military leave, whether taken for training purposes or active duty will:

  1. Be an authorized leave of absence from the University;
  2. Allow for a portion of the leave of absence to be paid per federal and state regulations and respective employee group governing documents; and
  3. Provide for reinstatement rights of the employee per federal and state regulations and respective employee group governing documents.

Covered under military leave are those employees who are members of the following:

  1. The Minnesota National Guard and Reserve; or
  2. An armed forces branch of the United States military (Army, Navy, Air Force, Marines, Coast Guard).

In addition, current employees would be covered who volunteer or who are ordered into active military service as part of a state or federal emergency.

Military leave is granted according to federal and state statutory requirements and University policy. Leave with pay, not exceeding 15 days in any calendar year, is granted to all eligible University employees for required service in the National Guard or any of the armed services reserve forces. For eligible employees, additional leave without pay is granted for the duration provided within federal and state regulations. Refer to Appendix A: Military Leave Policy Information Summary for provisions regarding leave duration with and without pay, vacation earning rate, vacation and sick leave earnings, seniority earnings, retirement years of service credited upon reinstatement, and tenured/tenure-track faculty reinstatement.

Eligible employees are entitled to resume their University service following their military leave. No employee so reinstated may be removed or discharged within one year of reinstatement except for cause. Refer to Appendix A: Military Leave Policy Information Summary for additional details.

In accordance with statutory regulations, a leave of absence without pay shall be granted to an employee whose immediate family member, as a member of the U.S. armed forces, has been ordered into active service in support of a war or other national emergency. The leave covers the amount of time, not to exceed one day in any calendar year, necessary for the employee to attend a send-off or homecoming ceremony.

In accordance with statutory regulations, a leave of absence without pay of up to ten working days is granted to an employee whose immediate family member, serving in the United States armed forces, has been injured or killed while engaged in active service. Other leave provisions may be available to eligible employees as well (e.g., bereavement leave).

Appearance in Court

Employees are granted paid leave when testifying before a court or a legislative committee on matters concerning federal or state government, the University, or when called to testify as an expert. In accordance with statutory regulations, the University provides unpaid personal leave for employees who are victims of certain crimes as defined by law. Refer to the Administrative Policy: Family and Personal Leaves for additional information.

Jury Duty

Employees are granted paid leave when serving on a jury. When the jury is recessed, the employee is expected to be working during any normal work time.

Voting Leave

Employees are eligible for a paid leave of absence to vote in any state-wide general election or state-wide primary election, or in any election to fill a vacancy in the office of a United States senator or representative during the morning of Election Day. Paid leaves to vote shall cover only those hours the employee is regularly scheduled to work and shall be reasonable in relation to voting site location and distance.

Provisions and Terms

There are no Provisions and Terms Associated with this policy.

Reason for Policy

This policy implements the Board of Regents Policy: Employee Work-Life and Personal Leaves. Government and civic duty leaves are provided to employees in accordance with federal and state regulations, and University policy.

Procedures

Forms/Instructions

There are no Forms/Instructions associated with this policy.

Additional Contacts

Subject Contact Phone Fax/E-mail
General Information or Procedural Assistance
  • Primary: Responsible administrator/supervisor
  • Secondary: Local campus, college, or administrative unit HR administrator
  • Other (as needed): Office of Human Resources specialist or consultant
 Office of Human Resources Specialist and Consultant List Office of Human Resources Specialist and Consultant List
Employee Benefits Information
  • Employee Benefits Service Center
 612-624-9090, option 2
Document Processing
  • HRMS Key Contact
  • Office of Human Resources Call Center
 HRMS Key Contact List (pdf)
612-625-2016		 HRMS Key Contact List (pdf)

Definitions

Immediate Family Member [To attend a send-off or homecoming ceremony]
A person's grandparent, parent, legal guardian, sibling, child, grandchild, spouse/partner, fiancé, or fiancée.
Immediate Family Member [In event relative is injured or killed in the line of active duty]
A person's parent, child, grandparent, sibling, or spouse/partner.
Calendar Year
January 1 to December 31.

Responsibilities

Employee
  • Request military leave following specified procedures.
  • Notify the department of plans to return to work following military leave.
  • Follow department procedures when providing notification of need to be absent from work for appearance in court or jury duty.
Responsible Administrators/Supervisors
  • Respond to leave requests as appropriate.
  • Ensure accurate entry of military leave in the Human Resource Management System (HRMS).

Appendices

Frequently Asked Questions

If federal or state regulations differ from language in policies, rules, or contracts, which information takes precedence?
The law supersedes any contract, rule, or policy language to the contrary except in cases where the policies, rules, and contracts provide the benefits beyond those prescribed by law.
An employee is called up for active service. How is this going to affect the employee's employment status?
If eligible, employees will be granted an approved leave of absence from the University to enable them to comply with their military orders. For information regarding leave duration with and without pay, vacation earning rate, vacation and sick leave earnings, seniority earnings, retirement years of service credited upon reinstatement, refer to Appendix A: Military Policy Information Summary.

Related Information

History

Amended:
May 2008 - Language contained in the Administrative Policy: Military, Court Appearance, or Civic Duty Leaves incorporate policy and procedure information previously contained in the Administrative Policies: (1) Military Leaves and (2) Miscellaneous Leaves. Policy converted to the new University-wide format for administrative policies. Language clarified around current Federal and State regulations.
Amended:
February 2007 - Military Leave policy moved to Administrative Policy.
Adopted:
February 1991 - Administrative Policy: Miscellaneous Leaves.
Adopted:
1969 - Board of Regents Policy: Military Leaves

Effective: February 1969

To obtain a copy of a historical policy, e-mail the U Policy Librarian at policy@umn.edu or call 612-624-4372.

Office of Human Resources